ML20078F559

Response Opposing Governor Deukmejian & Joint Intervenors 830929 Addl Contentions on Qa.Contentions Lack Specificity &/Or Fail to Meet Criteria for late-filed Contentions. Certificate of Svc Encl

ML20078F559
Person / Time
Site:	Diablo Canyon
Issue date:	10/04/1983
From:	Locker R PACIFIC GAS & ELECTRIC CO.
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 8310110073
Download: ML20078F559 (6)

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0 @ 0 $ 0 M il\ l CCtdETED USt2C 1 UNITED STATES OF AMERICA

'83 001 -6 P2:14 2 NUCLEAR REGULATORY COMMISSION 3 0FFCE F SE M .-

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BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD 5

6 7 In the Matter of )

) Docket No. 50-275 8 PACIFIC GAS AND ELECTRIC COMPANY ) Docket No. 50-323

)

9 Diablo Canyon Nuclear Power Plant ) (Reopened Hearing --

Units Nos. 1 and 2 ) Design Quality 10 ) Assurance) 11 12 13 PACIFIC GAS AND ELECTRIC COMPANY'S RESPONSE TO 14 GOVERNOR DEUKMEJIAN'S AND JOINT INTERVENORS' ADDITIONAL CONTENTIONS 15 ON QUALITY ASSURANCE 16 17 18 On September 29, 1983 Governor Deukmejian and 19 Joint Intervenors filed Additional Contentions on Design 20 Quality Assurance with this Board. The first group of 21 sub-contentions (3(o) to 3(t)) deal with seismic design 22 quality assurance matters. In addition, they have added a 23 utterly new contention concerning a totally unrelated matter 24 which was last documented in SSER No. 16, NUREG-0675, issued 25 on August 26, 1983 dealing with the component cooling water 26 system at Diablo Canyon.

8310110073 931004 PDR ADOCK 05000275 G pon 1 sol

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i 1 As to the group of contentions pertaining to 2 seismic design quality assurance matters [3(o) to 3(t], they 3 suffer from the same lack of specificity required for 4 contentions as we expressed in our Response of September 22, 5 1983 to the revised contentions which had been submitted by 6 the Governor and Joint Intervenors on Septe'mber 8, 1983 1

7 pursuant to this Board's Order of August 26, 1983. As we

~8 stated then (Response p. 2), the Board required the 9 Intervenors to " particularize the critical facts upon which -

10 they base their claim." August 26 Order at p. 2. In each 11 instance, the contentions 3(o) to 3(t) fail to meet this 12 criterion in that they have failed to specify any, let alone

13 the critical, facts of how the particular item fails to meet f

14 licensing criteria.

. 15 As respects proposed contention No. 9 dealing with 16 the component cooling water system, the Governor and Joint i 17 Intervenors have once again flagrantly disregarded the 18 Commission's regulations for late filed contentions as well 4

19 as the Board's Orders of April 21 and August 26, 1983.

20 In the first place, the proposed contention, which 21 involves matters not heretofore made an issue in this 22 proceeding, must be considered a late filed contention.

23 However, the Governor and Joint Intervenors have not made 24 any attempt to satisfy the requirements of 10 C.F.R.

25 2.714(a)(1) for late filed contentions and for this reason 26 it must be excluded. See Pacific Gas and Electric Company I, _ . _ . _ , _ _ , . - -

1 (Diablo Canyon Nuclear Power Plant, Units 1 and 2),

2 CLI-82-39, 16 NRC (December 23, 1982 slip op, at 4).

3 Secondly, even assuming arguendo that the proposed 4 contention was deemed to involve issues made a part of the 5 verification program, the filing does not comply with the 6 terms of the Board's Order of August 26, 1983 which required 7 contentions to be . particularized by September 12, 1983 8 except for " issues depending on matters contained in yet 9 unfiled ITR's [which] must be in the hands of the other

.10 parties by September 30. " Order p. 7. Since itidoes not 11 meet these requirements it cannot be admitted.

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15 16 17 18 19 20 21 22 23 i

24 25 26 4

1 For the foregoing reasons the additional 2 contentions proposed by the Governor and the Joint 3 Intervenors in their September 29, 1983 filing should be 4 disallowed.

5 6 Respectfully submitted, 7 ROBERT OHLBACH PHILIP A. CRANE, JR.

8 RICHARD F. LOCKE Pacific Gas and Electric Company 9 P.O. Box 7442 San Francisco, California 94120 10 (415) 781-4211 11 ARTHUR C. GEHR Snell & Wilmer 12 3100 Valley Center Phoenix, Arizona 85073 13 (602) 257-7288 14 BRUCE NORTON .

Norton, Burke, Berry & French, P.C.

15 P.O. Box 10569 Phoenix, Arizona 85064 16 (602) 955-2446 17 Attorneys for Pacific Gas and Electric Company 18 A

20 By ld /

Richard F. Locke 21

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22 DATED: October 4, 1983.

23 24 25 26 O

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00U.ETEi.

U%c In the Matter of )

)

) Docket No. 50-2733 E;T -6 P2::14 PACIFIC GAS AND ELECTRIC COMPANY

) Docket No. 50-323 Diablo Canyon Nuclear Power Plant, ) C'RCE r F EJ3t'U-Units 1 and 2 ) 00CKETm3 a SEFVIU BRANCH

)

CERTIFICATE OF SERVICE The foregoing document (s) of Pacific Gas and Electric Company has (have) been served today on the following by deposit in the United States mail, properly stamped and addressed:

Judge John F. Wolf Mrs. Sandra A. Silver Chairman 1760 Alisal Street Atomic Safety and Licensing Board San Luis Obispo CA 93401 US Nuclear Regulatory Commission Washington DC 20555 Mr. Gordon Silver 1760 Alisal Street Judge Glenn O. Bright San Luis Obispo CA 93401 Atomic Safety and Licensing Board US Nuclear Regulatory Commission wJohn Phillips, Esq.

Washington DC 20555 Joel Reynolds, Esq.

Center for Law in the Public Interest Judge Jerry R. Kline 10951 W. Pico Blvd. - Suite 300 Atomic Safety and Licensing Board Los Angeles CA 90064 US Nuclear Regulatory Commission Washington DC 20555 David F. Fleischaker, Esq.

P. O. Box 1178 Mrs. Elizabeth Apfelberg Oklahoma City OK 73101 c/o Betsy Umhoffer 1493 Southwood Arthur C. Gehr, Esq.

San Luis Obispo CA 93401 Snell & Wilmer 3100 Valley Bank Center Janice E. Kerr, Esq. Phoenix AZ 85073 Public Utilities Commission Bruce Norton, Esq.

State of California 5246 State Building Norton, Burke, Berry & French, P.C.

350 McAllister Street P. O. Box 10569 San Francisco CA 94102 Phoenix AZ 85064 Mrs. Raye Fleming Chairman 1920 Mattie Road Atomic Safety and Licensing Shell Beach CA 93449 Board Panel US Nuclear Regulatory Commission Mr. Frederick Eissler Washington DC 20555 -

- Scenic Shoreline Preservation .

Conference, Inc.

4623 More Mesa Drive Santa Barbara CA -93105 F ,,

Chairman

• Judge Thomas S. Moore Atomic Safety and Licensing Chairman Appeal Panel Atomic Safety and Licensing US Nuclear Regulatory Commission Appaal Board Washington DC 20555 US Nuclear Regulatory Commission Washington DC 20555 ooSecretary US Nuclear Regulatory Commission

• Judge W. Reed Johnson Washington DC 20555 Atomic Safety and Licensing Appeal Board Attn: Docketing and Service US Nuclear Regtlatory Commission Section Washington DC 20555 oLawrence J. Chandler, Esq.

• Judge John H. Buck Henry J. McGurren Atomic Safety and Licensing US Nuclear Regulatory Commission Appeal Board Office of Executive Legal Director US Nuclear Regulatory Comiission Washington DC 20555 Washington DC 20555 Mr. Richard B. Hubbard

• Michael J. Strunwasser, Esq.

t1HB Technical Associates Susan L. Durbin, Esq.

1723 Hamilton Avenue Suite K Peter H. Kaufman, Esq.

San Jose CA 95125 3580 Wilshire Blvd. Suite 800 Los Angeles CA 90010 Mr. Carl Neiberger Telegram Tribune

• Maurice Axelrad, Esq.

P. O. Box 112 Lowenstein, Newman, Reis, and San Luis Obispo CA 93402 Axelrad, P.C.

1025 Connecticut Ave NW Washington DC 20036 Date: October 5, 1983 ,

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DM. WBBOCK

• Sent via courier on October 4, 1983.

cosent via express mail on October 5, 1983.