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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARDCL-99-123, Comment on Prs 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Event Reporting Guidelines. Util Areas of Concern Includes ESF Actuations, Significantly Degraded Components & Historical Limitations1999-09-20020 September 1999 Comment on Prs 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Event Reporting Guidelines. Util Areas of Concern Includes ESF Actuations, Significantly Degraded Components & Historical Limitations ML20205N4081999-04-14014 April 1999 Comments Opposing Proposed Rules 10CFR2,19 & 20 Re Proposed Repository at Yucca Mountain.Requests Information on How Much Radiation Being Released Now at Diablo & Hanford NPPs ML20205N4601999-03-21021 March 1999 Introduces K Schumann as Representative of Nuclear Waste Committee (Nuwic) of San Lius Obispo County.Informs That Nuwic & Nuclear Waste Management Committee Concerned with Transportation of Spent Nuclear Fuel Rods from Dcnpp ML20195E8841998-11-24024 November 1998 Petition for Mod to OLs to Require Plant Owner to Have Independent Contractor Evaluate Plant Safety Culture ML20236T3011998-07-24024 July 1998 Order Prohibiting Involvement in NRC Licensed Avtivities (Effective Immediately).Lh Brooks Prohibited for 5 Yrs from Date of Order from Engaging in NRC Licensed Activities ML20248C2261998-05-22022 May 1998 Comment Opposing Revised Proposed Rule 10CFR50 Re Protection & Safety Sys ML20129J4191996-10-18018 October 1996 Order Approving Application Re Corporate Restructuring of Pacific Gas & Electric Company by Establishment of Holding Company DCL-95-206, Comment Supporting Petition for Rulemaking PRM-50-61 Re Improving Fire Protection Regulations1995-10-0606 October 1995 Comment Supporting Petition for Rulemaking PRM-50-61 Re Improving Fire Protection Regulations ML20091P8721995-08-23023 August 1995 Comment Opposing Petition for Rulemaking PRM-50-61 Re Nuclear Energy Institute Proposed Amends on Fire Safety for All NPPs DCL-95-001, Comment on Proposed Changes to Reactor Pressure Vessel Integrity Rule 10CFR50.Endorses NEI Comments1995-01-0303 January 1995 Comment on Proposed Changes to Reactor Pressure Vessel Integrity Rule 10CFR50.Endorses NEI Comments ML20077M7521994-12-30030 December 1994 Comment Opposing Proposed Rule 10CFR50 Re Shutdown & Low Power Operation for Nuclear Power Reactors DCL-94-270, Comment on Proposed Rules 10CFR2,51 & 54 Re Rulemaking for NPP License Renewal.Endorses Comments & Changes Proposed by NEI 941208 Submittal1994-12-0808 December 1994 Comment on Proposed Rules 10CFR2,51 & 54 Re Rulemaking for NPP License Renewal.Endorses Comments & Changes Proposed by NEI 941208 Submittal ML20149H0851994-11-0404 November 1994 Initial Decision (Construction Period Recovery/Recapture).* Renewed Motion to Reopen Record 940808,denied.Served on 941104.W/Certificate of Svc ML20072L2651994-08-23023 August 1994 PG&E Opposition to San Luis Obispo Mothers for Peace Renewed Motion to Reopen Record.* Util Opposes San Luis Obispo for Peace Motion Based on Affidavit Stating No Evidence Found in Motion Re Flaw in Program.W/Certificate of Svc ML20072F0291994-08-12012 August 1994 Erratum to San Luis Obispo Mothers for Peace Motion to Reopen Record.* Intervenors Corrects Error in Renewed Motion to Reopen Record Re Application for License Amend to Extend Term of Operating License for Plant.W/Certificate of Svc ML20072B2651994-08-0909 August 1994 Comment Supporting Proposed Rule 10CFR26 Re FFD Requirements Concerning Random Drug Testing ML20072A5821994-08-0808 August 1994 San Luis Obispo Mothers for Peace Renewed Motion to Reopen Record Re PG&E Application for Amend to Extend Term of OL for Plant.* Motion to Reopen Record to Introduce Insp Rept Identifying Alleged Problems W/Plant.W/Certificate of Svc ML20071L2061994-07-26026 July 1994 Comment Supporting Proposed Rule 10CFR26 Re Changing Current Drug Testing Policies to Exclude All Personnel in nonsafety-related Positions ML20072B8481994-07-26026 July 1994 Comment Opposing Proposed Rule 10CFR26 Re Changes to FFD Requirements Concerning Random Drug Testing ML20071L1901994-07-20020 July 1994 Comments on Proposed Rule 10CFR26 Re Relaxing Rule on Drug Testing of Employees Working at NPP DCL-94-134, Comment Supporting Petition for Rulemaking PRM-50-60 Re Amend to 10CFR50.54 by Changing Frequency W/Which Each Licensee Conducts Independent Reviews of Emergency Preparedness Program1994-06-27027 June 1994 Comment Supporting Petition for Rulemaking PRM-50-60 Re Amend to 10CFR50.54 by Changing Frequency W/Which Each Licensee Conducts Independent Reviews of Emergency Preparedness Program DCL-94-135, Comment Supporting Petition for Rulemaking PRM-50-59 Re Proposed Amend to 10CFR50.54(p) Concerning Frequency W/Which Licensee Conducts Independent Reviews of Security Programs1994-06-27027 June 1994 Comment Supporting Petition for Rulemaking PRM-50-59 Re Proposed Amend to 10CFR50.54(p) Concerning Frequency W/Which Licensee Conducts Independent Reviews of Security Programs ML20064D1791994-03-0707 March 1994 Pacific Gas and Electric Co Reply in Opposition to San Luis Obispo Mothers for Peace Motion to Reopen Record.* Motion to Reopen Record Denied.W/Certificate of Svc ML20064D1961994-03-0404 March 1994 Affidavit of Mj Angus Re Motion to Reopen Record ML20063L5721994-02-25025 February 1994 San Luis Obispo Mothers for Peace Re Util Application for License Amend to Extend Term of Operating License for Plant.* Advises That Record of Proceeding Should Be Reopened to Consider Insp 93-36 Re Util Surveillance of Asw Sys DCL-94-021, Comment Supporting Petition for Rulemaking PRM-21-2 Re Commercial Grade Item Dedication Facilitation1994-01-26026 January 1994 Comment Supporting Petition for Rulemaking PRM-21-2 Re Commercial Grade Item Dedication Facilitation ML20059D2431994-01-0707 January 1994 Package of Intervenor Exhibits Consisting of Related Correspondence Not Admitted Into Evidence.Related Correspondence ML20062N0001993-12-30030 December 1993 PG&E Reply Findings of Fact & Conclusions of Law.* Mothers for Peace Proposed Findings & Conclusions Do Not Provide Any Supportable Rationale to Change Findings & Conclusions Previously Proposed by Pg&E.W/Certificate of Svc ML20058P3931993-12-22022 December 1993 NRC Staff Findings of Fact & Conclusions of Law in Form of Initial Decision.* Certificate of Svc ML20058K7491993-12-0202 December 1993 NRC Staff Motion for Extension of Time.* Board Has Extended Filing Time for Util Until 931230.W/Certificate of Svc. Served on 931206.Granted for Board on 931203 ML20058K8771993-12-0202 December 1993 NRC Staff Motion for Extension of Time.* Requests That Board Extend Date for Staff to File Findings Until 931222. W/Certificate of Svc ML20059M5291993-11-19019 November 1993 Applicant Exhibits A-21,A-22,A-24,A-25,A-26,A-29 & A-F1, Consisting of Related Correspondence Not Admitted Into Evidence.Related Correspondence ML20058E0741993-11-19019 November 1993 San Luis Obispo Mothers for Peace Proposed Findings of Fact & Conclusions of Law Re Licensee Application for License Amend to Extend Term of Operating License for Plant.* W/ Certificate of Svc ML20059E8931993-10-28028 October 1993 Memorandum & Order (Motion for Extension of Time).* San Luis Obispo Mothers for Peace 931018 Request for two-wk Extension of Time to File Proposed Findings of Fact & Conclusions of Law Granted.W/Certificate of Svc.Served on 931029 ML20059E8531993-10-27027 October 1993 NRC Staff Response to Board Memorandum & Order Re Extension of Time.* Staff Believes That San Luis Obispo Mothers for Peace Has Shown No Good Cause for Requesting Extension to File Proposed Findings of Fact.W/Certificate of Svc ML20059E8631993-10-25025 October 1993 Pacific Gas & Electric Co Response to Motion for Extension of Time.* Util Does Not Agree W/Board Assessment That Mothers for Peace Request Appears to Be Reasonable But Will Not Oppose Request.W/Certificate of Svc ML20059B2191993-10-19019 October 1993 Memorandum & Order (Responses to Motion for Extension of Time).* Board Believes Intervenor Request for Extension of Time to File Proposed Findings of Fact Appears Reasonable. W/Certificate of Svc.Served on 931019 ML20059B1071993-10-18018 October 1993 San Luis Obispo Mothers for Peace Motion for Extension of Time for Filing Proposing Findings of Fact & Conclusions of Law.* Requests Extension of Two Wks or Until 931119 to File Proposed Findings of Fact.W/Certificate of Svc ML20057D0531993-09-23023 September 1993 Notice of Appearance.* Notice Given That Undersigned Attorney Enters Appearance in Listed Matter & Listed Info Provided.W/Certificate of Svc ML20057B0401993-09-14014 September 1993 NRC Staff Reply to PG&E Response to Staff Motion to Amend Protective Order.* NRC Staff Moves Board to Adopt Language Requested in 930817 Motion as Stated.W/Certificate of Svc ML20056G4891993-08-30030 August 1993 Pacific Gas & Electric Co Response to Motion to Amend Protective Order.* Staff Asks That Protective Order Be Clarified by Adding New Footnote to Paragraph 3 of Order. W/Certificate of Svc ML20059C7361993-08-24024 August 1993 Intervenor Exhibit I-MFP-88,consisting of NRC Insp of Diablo Canyon Units 1 & 2 IR 05000275/19920161993-08-24024 August 1993 Intervenor Exhibit I-MFP-137,consisting of Insp Rept Re Dockets 50-275/92-16 & 50-323/92-16,dtd 920707 IR 05000275/19930111993-08-24024 August 1993 Intervenor Exhibit I-MFP-26,consisting of Re Insp Repts 50-275/93-11 & 50-323/93-11 ML20059M1381993-08-24024 August 1993 Staff Exhibit S-1,consisting of Re 920519 Enforcement Conference IR 05000275/19920131993-08-24024 August 1993 Intervenor Exhibit I-MFP-140,consisting of 920416,mgt Meeting Repts 50-275/92-13 & 50-323/92-13 ML20059D0841993-08-24024 August 1993 Intervenor Exhibit I-MFP-139,consisting of Insp Rept Re Dockets 50-275 & 50-323,dtd 920417 IR 05000275/19920261993-08-24024 August 1993 Intervenor Exhibit I-MFP-118,consisting of Notice of Violation & Insp Rept Re Docket 50-275/92-26 & 50-323/93-26,dtd 921113 ML20059M5041993-08-24024 August 1993 Staff Exhibit S-2,consisting of Re Notice of Violation ML20059M8621993-08-24024 August 1993 Intervenor Exhibit I-MFP-35,consisting of Rept, Self- Evaluation of Diablo Canyon Power Plant, Dtd Jul 1993 1999-09-20
[Table view] Category:OTHER LEGAL DOCUMENT
MONTHYEARML20057D0531993-09-23023 September 1993 Notice of Appearance.* Notice Given That Undersigned Attorney Enters Appearance in Listed Matter & Listed Info Provided.W/Certificate of Svc ML20056F0841993-08-19019 August 1993 Hearing Schedule Changes.* Addl Session for ASLB in Proceeding to Hear Oral Limited Appearance Statements Scheduled for 930823.W/Certificate of Svc.Served on 930823 ML20057B0341993-08-17017 August 1993 Declaration of non-disclosure in Support of Access to Excerpts from INPO Rept Re Maint & Surveillance Activities at Plant ML20056E8921993-08-17017 August 1993 Notice of Appearance.* Submits Atty Name to Appear in Proceeding ML20046C5321993-07-28028 July 1993 Pacific Gas & Electric Co Revised Witness List.* Forwards Revised Witness List Re Two Admitted Contentions in Proceeding.W/Certificate of Svc.Related Correspondence ML20045D7571993-06-21021 June 1993 Pge Initial Identification of Witnesses.* Forwards Util Initial Identification of Witnesses in Response to San Luis Obispo Mothers for Peace 930412 Request. W/Certificate of Svc ML20128D4081993-01-28028 January 1993 Memorandum (Schedule for Telephone Conference Call).* Telcon for Considering Schedules for Discovery & for Future Conferences & Evidentiary Hearing Scheduled for 930203. W/Certificate of Svc.Served on 930128 ML20128D4611993-01-27027 January 1993 Notice of Hearing.* Notifies That Hearing Will Be Conducted in Proceeding Re Two Safety Issues Accepted by Licensing Board in LBP-93-1.W/Certificate of Svc.Served on 930127 ML20126A6711992-12-0909 December 1992 Notice of CA Public Util Commission of Intent to Participate as Interested State.W/Certificate of Svc ML20128B8891992-11-30030 November 1992 PG&E Proposed Agenda.* Agenda for Upcoming Prehearing Conference Provided.W/Certificate of Svc ML20127D4611992-09-10010 September 1992 Establishment of Aslb.* Advises That ASLB Being Established in Proceeding to Rule on Petitions for Leave to Intervene &/ or Requests for Hearing & to Preside Over Proceeding. W/Certificate of Svc.Served on 920911 ML20246P2811989-06-30030 June 1989 Notice of Appearance.* Advises That Author Will Enter Appearance in Proceeding on Behalf of Licensee.W/Certificate of Svc ML20246P2221989-06-30030 June 1989 Notice of Appearance.* Advises That Author Will Enter Appearance in Proceeding on Behalf of Licensee.W/Certificate of Svc ML20247B0681989-06-28028 June 1989 Notice of Withdrawal of Counsel.* Advises That Author Has Withdrawn as Counsel for Sierra Club in Proceeding. R Ferguson Will Appear as Lead Representative for Club.W/ Certificate of Svc ML20245J4641989-06-27027 June 1989 Notice of Appearance.* Author Will Enter Appearance in Proceeding on Behalf of Nrc.W/Certificate of Svc ML20150A8611988-03-0909 March 1988 Establishment of Aslbp.* Board Being Established in Proceeding to Rule on Petitions for Leave to Intervene &/Or Requests for Hearing on Proposed Amend to Revise License DPR-80 Re Long Term Seismic Program.Served on 880311 ML20236P8021987-11-12012 November 1987 Reconstitution of Aslab.* Notifies That Chairman of ASLAP Reconstituted Aslab for OL Amend Proceeding.Aslab for Proceeding Listed.Served on 871116 ML20235R9411987-10-0101 October 1987 Notice of Appearance.* Notifies of Bh Vogler Appearance in Proceeding,Per 10CFR2.713(b).Certificate of Svc Encl ML20235H7681987-09-25025 September 1987 Reconstitution of Aslab.* Notice of Reconstitution W/ as Rosenthal as Chairman & TS Moore & Ha Wilber as Members for OL Amend Proceeding.Served on 870928 ML20235F2721987-09-24024 September 1987 Notice of Appeal of ASLB 870902 Order & 870911 Initial Decision.* Sierra Club Will File Either within 30 Days or within Time Provided in Any New Schedule Which May Be Set If Accompanying Request for Stay Granted.W/Proof of Svc ML20234D3391987-09-16016 September 1987 Notice of Appeal of ASLB 870902 Order.* Appeal Denies Sierra Club Motion to Admit Contention Re Consequences of LOCAs for Plants W/Spent Fuel Pools Utilizing High Density Configuration.Proof of Svc Encl ML20234D2921987-09-16016 September 1987 Notice of Appearance.* Notice That DM Grueneich & M Preston Will Appear on Behalf of Sierra Club in Facility Proceedings.Proof of Svc Encl ML20238F1831987-09-10010 September 1987 Notice of Withdrawal.* Withdraws Author Appearance in Facility Proceeding.All Mail & Svc Lists Should Be Amended to Delete Author Name After 870921.W/Certificate of Svc ML20234D4041987-09-0606 September 1987 Substitution of Counsel.* Law Ofc of DM Grueneich Substituted as Counsel for Sierra Club in Place of Law Firm of Grueneich & Lowry.Proof of Svc Encl ML20214R9751987-05-28028 May 1987 Notifies of New Address,Effective 870601.Proof of Svc Encl ML20214A9941987-05-14014 May 1987 PG&E Comments on Electronic Storage & Retrieval of Documents Per ASLBP Order Dtd 870430.* Util Believes That There Should Be Individual of Board Staff Assigned Specifically to Task of Controlling Such Access & Use.W/Certificate of Svc ML20213F9881987-05-11011 May 1987 PG&E Response to ASLB Request for Testing of Diskettes for Electronic Storage & Retrieval of Documents.* Util Comments on Proposed Order Requiring Filing of Documents on Diskettes Will Be Filed on 870515.W/Certificate of Svc ML20206M3071987-04-14014 April 1987 Notice of Appearance.* Notice That Author Enters Appearance in Listed Proceeding.Notice of Withdrawal of Hj Mcgurren from Proceeding & Certificate of Svc Encl ML20212D0551987-02-23023 February 1987 Notice of Author Withdrawal from Proceeding.Name Should Be Deleted from All Svc & Distribution Lists.W/Certificate of Svc ML20207P7561987-01-13013 January 1987 Withdrawal of Intervenor San Luis Obispo Mothers for Peace.* Intervenor Will Make No Further Appearances or Present No Evidence in Currently Scheduled Hearings.Proof of Svc Encl ML20212C3121986-12-22022 December 1986 Response to ASLB 861201 Order Re ASLBP 86-523-03-LA.Proof of Svc Encl ML20212R6661986-12-22022 December 1986 Licensee PG&E Response to ASLB Memorandum & Order Dtd 861201.* Response Includes Lists of Witnesses Who Will Testify on Behalf of Util,Exhibits to Be Introduced & Documents Witnesses Will Rely On.Certificate of Svc Encl ML20207C4131986-12-10010 December 1986 Responds to 861201 Order to Speed Up Safety Hearing on Waste Pond Enlargement.Process So Seriously Flawed That Proceeding Degenerated to Charade of Legalistic Maneuvering Driven by Politics.Certificate of Svc Encl ML20211D5381986-10-17017 October 1986 Request for Permission to Enter Upon Util Land on 861119 to Inspect High Density Spent Fuel Racks Proposed for Use in Spent Fuel Pools of Units 1 & 2,interrogatories & Request for Documents.W/Certificate of Svc.Related Correspondence ML20205F6071986-08-18018 August 1986 Submits Rept on Efforts to Resolve Sierra Club Contention (I)(A) Re Reracking of Spent Fuel Pools at Facilities.Util & Author Will Continue to Negotiate Language Acceptable to Both Parties.W/Certificate of Svc ML20206D5541986-06-18018 June 1986 Notice of Aslab Constitution.Cn Kohl,Chairman & GL Edles & Rl Gotchy,Members.Served on 860619 ML20205J7341986-02-21021 February 1986 Notice of ASLB Constitution.Bp Cotter,Chairman & Go Bright & J Harbour,Members.Served on 860225 ML20133F7191985-10-0909 October 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20128Q4071985-07-24024 July 1985 Application for Order Staying Effectiveness of Issuance of License for Full Power Operation in Event Commission Authorizes License.Certificate of Svc Encl ML20093F0731984-10-10010 October 1984 Reply to Joint Intervenor Response to Aslab 840910 Order Requesting Party Views on How ASLB Should Proceed W/Respect to Facility.Further Hearings Unwarranted.Certificate of Svc Encl ML20098G5441984-10-0202 October 1984 Answer Opposing Joint Intervenors 840917 Petition for Review of ALAB-781.Petition Does Not Raise New Points of Law. Certificate of Svc Encl ML20098G5151984-10-0202 October 1984 Answer to Joint Intervenors 840917 Petition for Review of ALAB-782.ASLAB Holds That Jurisdiction Still Resides W/Aslb. Certificate of Svc Encl ML20098F0891984-09-28028 September 1984 Response to Aslab 840910 Order Requesting Views of All Parties Re Procedure W/Respect to Unit 2 on Issues Covered in ALAB-763.Certificate of Svc Encl ML20098F0981984-09-28028 September 1984 Response to Aslab 840910 Order Requesting Parties to Provide ASLB W/Views as to How ASLB Should Proceed Re Adequacy of Unit 2 Design.Certificate of Svc Encl ML20096A7701984-08-28028 August 1984 Notice of Withdrawal of Appearance in Proceeding.Related Correspondence ML20093F7751984-07-17017 July 1984 Corrected Page 9 of 840717 Petition for Review of ALAB-775 ML20091R9071984-06-12012 June 1984 Errata to 840611 Reply to Util & NRC Responses to Motion Re Design & Const QA & Licensee Character & Competence,Adding Listed Corrections.Svc List Encl ML20197G5971984-06-11011 June 1984 Motion for Protective Order for Affidavits Filed in Support of Reply to Util & NRC Responses to Motions Re Design QA, Const QA & Licensee Character & Competence.Related Correspondence ML20084C8731984-04-26026 April 1984 Petition for Review of ALAB-763.ASLAB Has Created Erroneous Std for Design QA to Overcome Uncontradicted Evidence That Plant Fails to Meet NRC Stds.Notice of Appearance Encl. W/Certificate of Svc ML20083R5401984-04-19019 April 1984 Response to Aslab Order Requiring FEMA Finding for State of CA Emergency Response Plan.Issue Not Moot & Full Power OL Should Not Be Issued.Certificate of Svc Encl 1993-09-23
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DOCKETED U'3NRC
'82 SB' 28 A!0 :46 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ry .. 7 g .
GCML:yQj}1,U
_.a m Before the Atomic Safety and Licensing Appeal Board
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In the Matter of )
) S o ' W>
PACIFIC GAS AND ELECTRIC COMPANY ) go - ?>D
)
(Diablo Canyon Nuclear Power Station, )
Units 1 and 2) )
)
SUPPLEMENTAL BRIEF OF GOVERNOR BROWN PURSUANT TO BOARD ORDER OF SEPTEMBER 2, 1982 Pursuant to the Appeal Board's Order of September 2, 1982, Governor Brown hereby submits views as to whether any issues presented by the pending appeals from the Licensing Board's low power decision may be moot.
- 1. Of the issues briefed and submitted by the Governor on September 2, 1981, the only area in which the mootness question would seem germane is the Licensing Board's finding that adequate emergency preparedness exists to authorize low power operation of Diablo Canyon. However, in the circumstances of the Commission's issuance and then suspension of PG&E's low power license, there is no basis for finding the Governor's appeal of any emergency l preparedness issues moot.
The Licensing Board's emergency preparedness findings have l not lost their practical significance. The low power license F209290098 820924 DR ADOCK 05000275 PDR
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was issued on the basis of those findings, and the license is pending before the United States Court of Appeals for the D.C.
Circuit in part on the Covernor's petition for review of those findings. Had PG&E's license not been suspended, the present situation would not have arisen, because the low power emergency preparedness issue would have been ruled on by the Court of
' Appeals. Either the case would have been remanded to the NRC, or the issuance of the low power license would have been judicially approved. However, here the suspension of the low power license has created the novel situation of the full power license being substantially approved while low power operation has been barred for reasons that also preclude full power operation.
The result of this novel situation prevents mootness of the Governor's low power appeal, which still represents a continuing controversy between the parties. The Governor has contended in his brief to this Board dated September 2, 1981, that the Licensing Board unlawfully issued a low power license to FG&E.
The foundation to support that license includes the Licensing Board's findings on emergency preparedness that the Governor continues to contest. From the standpoint of the Governor, therefore, the emergency preparedness findings in the low power decision have not lost their practical significance. Indeed, the Governor intends that such findings were made on the basis of unfounded, arbitrary, and capricious actions of the Licensing Board that remain in controversy.
< , . Nevertheless, the fact is that the full power decision exists and the record it embraces is pertinent to the state of emergency preparedness at Diablo Canyon. It may, therefore, be appropriate for the Appeal Board to consider the full power record in tandem with the low power record and to render a decision which considers the appeals taken from both.
- 2. The Governor emphasizes -that the issue concerning the Licensing Board's failure to consider the impacts of earthquakes on emergency planning and preparedness during low power operation is unaffected by the Licensing Board's full power decision.
- 3. The Governor notes that the Commission has not acted on the full power decision pursuant to 10 C.F.R. S2.764. Therefore, the low power license is the only license that has been given effectiveness, and the findings which support the license have legal vitality beyond that of the findings in the full power decision. This, at the least, suggests that the Appeal Board consider the issue raised in the Board's September 2 Order to be premature. Moreover, given the proliferation of errors at Diablo Canyon and the expanding disclosures of the current I
i independent verification program, there would be no good reason for the Commission now to consider the full power decision under Section 2.764.
Respectfully submitted, i
Byron S. Georgiou Legal Affairs Secretary Governor's Office State Capitol l Sacramento, California 95814 l
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. . . ~4-Herbert H. Brown Lawrence Coe Lanpher Alan Rcy Dynner KIRKPATRICK , LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W.
Washington, D.C. 20036 September 24, 1982 - Attorneys for Governor Brown of the State of California l
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of )
)
PACIFIC GAS AND ELECTRIC COMPANY ) Docket Nos. 50-275 0.L.
) 50-323 0.L.
(Diablo Canyon Nuclear Power Plant, )
Units 1 and 2) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of the " SUPPLEMENTAL BRIEF OF GOVERNOR BROWN PURSUANT TO BOARD ORDER OF SEPTEMBER 2, 1982" have been served to the following by U.S. Mail, first class, this 24th day of September, 1982, except as otherwise noted.
Mr. Thomas Moore, Chairman
- Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. W. Reed Johnson
- Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. John H. Buck
- Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Chairman Atomic Safety and Licensing Appeal Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Judge John F. Wolf, Chairman Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555
Judge Glenn O. Bright Atomic Safety and Licensing Board U. S. Nuclear Regulatory Cgnmission Washington, D. C. 20555 Judge Jerry R. Kline Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 George E. Johnson, Es q .*
Donald F. Hassell, Esq.
Office of Executive Legal Director BETH 042 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Secretary -
U. S. Nuclear Regulatory Commission Washington, D. C. 20555 ATTENTION: Docketing and Service Section Mrs. Elizabeth Apfelberg 1415 Cozadero San Luis Obispo, CA 93401 Janice E. Kerr, Esq.
Public Utilities Commission 5246 State Building 350 McAllister Street San Francisco, CA 94102 Mrs. Raye Fleming 1920 Mattie Road Shell Beach, CA 93449 Mr. Frederick Eissler Scenic Shoreline Preservation Conference, Inc.
4623 More Mesa Drive Santa Barbara, CA 93105 Mr. Gordon Silver Mrs. Sandra A. Silver 1760 Alisal Street San Luis Obispo, CA 93401 Joel R. Reynolds, Esq . *
Center for Law in the Public Interest 10951 West Pico~ Boulevard Third Floor Los Angeles, CA 90064
_2_
Bruce Norton, Esq. *
- Norton, Burke, Berry & Junck 3216 North Third Street - Suite 300 Phoenix, Arizona 85012 Philip A. Crane, Jr., Esq.
Richard F. Locke, Esq.
F. Ronald Laupheimer, Esq.
Pacific Gas and Electric Company 1050 17th Street, N.W. -
Suite 1180 Washington, D. C. 20036 David S. Fleischaker, Esq.
P.O. Box 1178 oklahoma City, Oklahoma 73101 Arthur C. Gehr, Esq.
Snell & Wilmer 3100 Valley Bank Center Phoenix, Arizona 85073 Mr. Richard B. Hubbard MHB Technical Associates
'1723 Hamilton Avenue - Suite K San Jose, CA 95125 Mr. Carl Neiberger Telegram Tribune P. O. Box 112 San Luis Obispo, CA 93402 Byron S. Georgiou, Esq.
Legal Affairs Secretary Governor's Office State Capitol Sacramento, CA 95814
- F d r Express f [, ] 1 KIRKPATRICK, LOCKHART, HILL, CHRISTOPhBR & PHILLIPS 1900 M Street, N.W.
! Washington, D. C. 20036 l
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