ML20065J851
| ML20065J851 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 09/30/1982 |
| From: | Locke R PACIFIC GAS & ELECTRIC CO. |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8210060220 | |
| Download: ML20065J851 (6) | |
Text
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UNITED STATES OF AMERICA 2
NUCLEAR REGULATORY COMMISSIOttr} OF SECRETM,
ap 3
BEFORE THE ATOMIC SAFETY AND LICENSING Ai>PE 4
5 In the Matter of Pacific Gas
)
and Electric Company
)
Docket Nos. 50-275 6
(Diablo Canyon Nuclear
)
50-323 Power Plant, Units 1 and 2)
)
7
)
8 9
Reply Brief of Pacific Gas and Electric Company Re Mootness of Low Power Contentions 10 11 12 In response to the Appeal Board Order of 13 September 2, 1982 as amended by its Order of September 14, 14
- 1982, Pacific Gas and Electric Company ("PGandE") on 15 September 24, 1982 filed a brief directed to the issue 16 whether the ASLB's Initial Decision on full power may have 17 mooted some or all of the issues on appeal from the July 17, 18 1981 Initial Decision authorizing issuance of a low-power 19 license for Diablo Canyon.
This Reply Brief will respond to 20 various arguments of the other parties regarding the 21 mootness issue.
22 Emergency Planning Issue 23 Both Joint Intervenors and Governor Brown fail to 24 address either the recent rule change regarding the 25 applicable requirements for low power emergency response 26 preparedness or the Commission's policy decision regarding f h. 0 N l
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i iq the impact of earthquakes on emergency response planning. If i
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These actions provide the " law of the case" insofar as this 2
- i Board must determine the contemporary applicability of these 3
4 regulatory changes on the pending appeal as far as the 5,
5 emergency preparedness issue is concerned.
The legal and t
- 6 practical effect is to moot this issue on appeal. 2f Simply ff 6
J.
7 ignoring these events will not breathe life into this i
contention on appeal.
8 Relief, Block and Safety Valve Issue 9
10 The sole issue admitted as a contention in the proceedings below was whether the tests on block valves 11 12 should be completed prior to fuel loading.
Joint Intervenors and Governor Brown essentially ignore this fact.
I 13 14 Instead they argue about new questions raised in the Commission ordered Design Verification Program concerning 15 the seismic design and qualification of these valves -- a 16 t'
matter not at issue in the low power proceeding. 3/
They 17 18 19 lj See 47 Fed. Reg. 30232, (July 13, 1982) and Southern l
California Edison Company (San Onofre Nuclear Gener-20 ating Station, Units 2 and 3), CLI-81-33, 14 NRC 1091 (1982).
21 2/
PGandE has been notified that on September 27, 1982 the 22 San Luis Obispo County Board of Supervisors formally adopted the County Emergency Response Plan.
23 3]
Significantly, the ASLB in its August 31, 1982 Initial -
24 Decision (at 219) acknowledged that its Decision was not intended to "... impinge in any way on the status l
25 of the commission's suspension of the Diablo Canyon low-power license or on the independent design 26 verification program."
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have simply failed to discuss the mootness question in the 1
context of the specific low power contention at issue.
2 Proposed Contentions Denied by the ASLB 3
Both Governor Brown and Joint Intervenors make 4
only generalized arguments regarding the continued viability 5
of the proposed low-power contentions denied by the ASLB.
6 Nowhere do they analyze or compare contentions in the low 7
proceeding against those advanced in the full power 8
power 9
proceeding which were, in turn, the subject of this Board's 10 December 11, 1981 Order.
Clearly low power contentions 10 11 (classification of pressurizer heaters) and 12 as safety or 12 (classification of relief and block valves non-safety grade) were heard and decided in the full power 13 14 proceeding.
As noted by both PGandE (Brief p. 6) and the 15 NRC Staff (Brief pp. 7 and 8) certain other low power contentions were ruled on by this Board in its disposition 16 17 of proposed full-power contentions.
This action in effect mooted the low power appeal on the same contentions.
18 Conclusion 19 20 For these reasons, PGandE believes that the 21 August 31, 1982 Initial Decision on full power operation of Diablo Canyon when considered in conjunction with applicable 22 amendments to the Commission's regulations and its decision 23 24 on the effects of earthquakes on emergency planning have effectively mooted the emergency planning issues raised by 25 Furthermore certain 26 Joint Intervenors and Governor Brown..
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1 other admitted and proposed contentions have been mooted by 1
recent developments as well as by subsequent rulings of this 2
3 Board.
4 Respectfully submitted, 5
MALCOLM H. FURBUSH 6
PHILIP A. CRANE, JR.
RICHARD F. LOCKE 7
Pacific Gas and Electric Company P.O. Box 7442 8
San Francisco, California 94120 (415) 781-4211 9
ARTHUR C. GEHR 10 Snell & Wilmer 3100 Valley Center 11 Phoenix, Arizona 85073 (602) 257-7288 12 BRUCE NORTON 13 Nortoa, Burke, Berry & French, P.C.
3216 N. Third Street 14 Suite 300 Phoenix, Arizona 85012 15 (602) 264-0033 16 Attorneys for Pacific Gas and Electric Company 17 18 By 19 Richard F. Locke 20 21 DATED:
September 30, 1982.
22 23 24 25 26 ___ - __ ______ _ _ _
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i
In the Matter of
)
)
I' PACIFIC GAS AND ELECTRIC COMPANY
)
Docket No. 50-275 r,
)
Docket No. 50-323 Diablo Canyon Nuclear Power Plant, )
Units 1 and 2
)
)
CERTIFICATE OF SERVICE The foregoing document (s) of Pacific Gas and Electric Company (have) been served today on the following by deposit in the United has States mail, properly stamped and addressed:
i Mrs. Sandra A. Silver Judge John F. Wolf 1760 Alisal Street Chairman San Luis Obispo, Californie 93401 Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. Gordon Silver i
1760 Alisal Street San Luis Obispo, California 93401 j
Judge Glenn O. Bright Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission John Phillips, Esq.
W2shington, D. C. 20555 Joel Reynolds, Esq.
Center for Law in the Public Interest 10951 W. Pico Boulevard - Suite 300 Judge Jerry R.
Kline Atomic Safety and Licensing Board Los Angeles, California 90064 U. S. Nuclear Regulatory Commission l
Washington, D. C. 20555 David F. Fleischaker, Esq.
P. O. Box 1178 Mrs. Elizabeth Apfelberg Oklahoma City Oklahoma 73101 C/o Nancy Culver 192 Luneta Drive Sen Luis Obispo, California 93401 Arthur C. Gehr, Esq.
Snell & Wilmer 3100 Valley Bank Center Jnnice E.
Kerr, Esq.
Public Utilities Commission Phoenix, Arizona 85073 of the State of California Bruce Norton, Esq.
5246 State Building Norton, Burke, Berry & French, P.C.
350 McAllister Street San Francisco, California 94102 3216 N. Third Street Suite 300 Phoenix, Arizona 85012-2699 Mrs. Raye Fleming 1920 Mattie Road Chairman Shell Beach, California 93449 Atomic Safety and Licensing Board Panel Mr. Frederick Eissler S. Nuclear Regulatory Commission Scenic Shoreline Preservation U.
Washington, D. C. 20555 Conference, Inc.
4623 More Mesa Drive Santa Barbara, California 93105
I k.,a w.
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- Judge Thomas S. Moore Chairman Atomic Safety and Licensing Chairman Atomic Safety and Licensing Appeal Panel Appeal Board U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Sscretary U. S. Nuclear Regulatory Commission
- Judge W. Reed Johnson l
Washington, DC 20555 Atomic Safety and Licensing Appeal Board l
Attn:
Docketing and Service Section U. S. Nuclear Regulatory Commission Washington, DC 20555 I
Bradley W. Jones, Esq.
Office of Executive Legal Director
- Judge John H. Buck Atomic Safety and Licensing BETH 042 Appeal Board U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Mr. Richard B. Hubbard Commissioner Nunzio J. Palladino MHB Technical Associates 1723 Hamilton Avenue, Suite K Chairman U. S. Nuclear Regulatory Commission j
Sen Jose, CA 95125 1717 H Street N.W.
j Washington, DC 20555.
Mr. Carl Neiberger Telegram Tribune Commissioner John F. Ahearne P. O. Box 112 U. S. Nuclear Regulatory Commission San Luis Obispo, CA 93402 1717 H Street N.W.
Hsrbert H.
Brown, Esq.
Washington, DC 20555 Lawrence Coe Lanpher, Esq.
Commissioner Victor Gilinsky Christopher B. Hanback, Esq.
U. S. Nuclear Regulatory Commission Kirkpatrick, Lockhart, Hill, 1717 H Street N.W.
Christopher & Phillips Washington, DC 20555 1900 M Street N.W.
Washington, DC 20036 Commissioner James K. Asselstine U. S. Nuclear Regulatory Commission Byron S. Georgiou, Esq.
1717 H Street N.W.
Ltgal Affairs Secretary Governor's Office Washington, DC 20555 State Capitol Commissioner Thomas M. Roberts Sacramento, CA 95814 U. S. Nuclear Regulatory Commission 1717 H Street N.W.
Washington, DC 20555 s
V' Richard F. Locke Pacific Gas and Electric Company Date:
September 30, 1982
- By Courier
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