ML20081F559
| ML20081F559 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 10/31/1983 |
| From: | Reynolds J CENTER FOR LAW IN THE PUBLIC INTEREST, JOINT INTERVENORS - DIABLO CANYON |
| To: | NRC COMMISSION (OCM) |
| References | |
| ISSUANCES-OL, NUDOCS 8311030131 | |
| Download: ML20081F559 (9) | |
Text
a UNITED STATES OF AMERICA y
c NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION CFFICE 0 SECET/
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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)
)
)
)
JOINT INTERVENORS' PETITION FOR REVIEW OF OCTOBER 24, 1983 APPEAL BOARD ORDER REGARDING CONSTRUCTION QUALITY-ASSURANCE Pursuant to 10 C.F.R.
S 2.786, the SAN LUIS OBISPO MOTHERS FOR PEACE SCENIC SHORELINE PRESERVATION CONFERENCE, INC., ECOLOGY ACTION CLUB, SANDRA SILVER, GORDON SILVER, ELIZABETH APFELBERG, and JOHN FORSTER (" Joint Intervenors")
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.hereby petition the Commission to review the October 24, 1983 Order of the Atomic Safety and Licensing Appeal Board
(" Appeal Board") in the above-entitled. proceeding.
In that decision (attached as an exhibit hereto), the Appeal Board summarily denied the Joint Intervenors' and Governor Deukmejian's motions to re6 pen the record on the issue of construction quality p'
i assurance, filed on May 10, 1983 and May 17, 1983, respectively.
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B311030131 831031
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gDRADDCK 05000275 PDR
s The Joint Intervenors request'the Commission to (1) grant review of the'. issues identified in this petition and '(2) reverse the denial;by'the Appeal Board of the motions to reopen cited above.
I.:
SUMMARY
OF APPEAL BOARD ORDER The Appeal Board summarily denied the Joint Intervenors' and Governor Deukmejian's motions to reopen in a two-paragraph decision.
The full explanation given tor its-
. decision was as follows:
After-giving full consideration to the motions, responses, replies and the record of the hearing on them,.the motions are denied.. We find that they fail to meet the established standards for reopening
-the record of a licensing proceeding.
See Kansas Gas and Electric Co. (Wolf Creek Generating Station, Unit 1), ALAB-462, 7 NRC 320, 338 (1978).
An opinion setting forth our views on the motions will issue as soon as practicable.
We are announcing our decision.today because preparation for the upcoming hearing on the issue of design quality assurance in the reopened proceeding and the press of other business has delayed the issuance of our opinion.
II.
ALL MATTERS OF FACT AND LAW DISCUSSED HERE WERE PREVIOUSLY f:
RAISED All matters of fact and law that underlie this petition were previously raised either on the record or in docu.nents filed with the Board, including Joint Intervenors'
-Motiod to Reopen the Record on the Issue of Construction Quality pt l
Assurance (filed May 10, 1983), Motion of Governor Deukmejian to
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s Reopen the Record on Construction Quality Assurance (May 18, 1983),. Joint Intervenors' Response to Motion of Governor Deukmejian to Reopen the Record on Construction Quality Assurance (May 31, 1983 ), Joint Intervenors' Reply to PGandE and
-NRC Staff Responses to Motions to Reopen on Issue of LConstruction Quality Assurance (June 17,1983), Reply of Governor Deukmejian to the Response of NRC Staff and PGandE on Motion'to Reopen (June 17,1983), Joint Intervenors' Supplemental Brief on Motion to Reopen the Record on Construction Quality Assurance (August 4,1983), Post-Hearing Brief of Governor Deukmejian in Support of His Motion to Reopen the Record on Construction Quality Assurance (August 5,1983),
Joint Intervenors' Supplement to Motion to Reopen the Record on Construction Quality Assurance (September 9,1983), Governor Deukmejian's Response to Joint Intervenors' Supplement to Motion to Reopen Construction Quality Assurance (September 21, 1983),
and. Joint Intervenors' Reply re:
Supplement to Motion to Reopen on Construction Quality Assurance (filed October 13, 1983).
- a.
III. COMMISSION REVIEW SHOULD BE EXERCISED Commission review is necessary in this case in order to reverse the manifest error of the Appeal Board in denying the motions to reopen without providing any statement of its reasons.
The motions were supported by extensive and
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signi'$1 cant new information, both through documents filed with the Board and on-the-record testimony.
Viewed in its entirety,. - -.
this significant new evidence undermines the reasonable assurance of compliance with Commission regulations that is a necessary prerequisite to licensing.
Thus, such evidence would, if previously known, have required a change.-in the result.
In the Matter of Kansas Gas and Electric Co.-et al.
(Wolf Creek Generating Station, Unit 1), ALAB-462, 7 NRC 320, 328 (1978).
IV. 'THE APPEAL BOARD'S DECISION IS ERRONEOUS The Appeal Board erred in summarily rejecting extensive evidence of a breakdown in the construction quality assurance program for Diablo Canyon, Moreover, because the Board failed to offer an explanation of its reasons for denial of the motions to reopen, it in effect deprived the Joint Intervenors of any ability to challenge the basis for the Board's decision through an appeal to :he Commission.
In so doing, it has violated not only the Commission standards governing recpening of the record, which were clearly satisfied below, but also the established Commission principle
.that the Appeal Board must provide an explanation of its reasons i
in rejecting competent evidence on an issue of critical
^
importance to safety.
In the Matter of Public Service Co. of New Hampshire (Seabrook Station, Units 1 and 2), ALAB-422, 6 NRC 33 (1977).
The significant new evidence offered below in support of tNe motions was plainly adequate to meet the movants' burden of proof on a motion to reopen.
The Joint Intervenors and the,
' GovernorJoffered significant'new evidence consisting of (1) detailed expert affidavits and testimony establishing a breakdown in PGandE's quality assurance program, as to both
- design and construction activities;--(2) a sworn statement and testimonyLby_the former quality control manager for one of PGandE's principal construction contractors,.the Howard P. Foley 4
- Company, establishing numerous quality assurance deficiencies occurring during the post-November.1981 time period; (3) documentation of actual construction defects in the plant ~itself-resulting from quality assurance deficiencies; and (4) a previously~ undisclosed' independent audit report revealing gross deficiencies in the quality assurance program of PGandE's principal piping contractor, deficiencies existing throughout the period when the plant was, constructed.
None of this evidence was even mentioned in the Board's decision.
Instead, the Board stated simply that an
~ explanation of its reasons will follow at a later date.
- Thus,
. the Board's decision denying reopening on construction quality.
assurance is patently inadequate to support its ultimate conclusion; under the Seabrook doctrine, it must be reversed.
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r Both because the Appeal Board erred in (1) denying the motion and (2) failing to provide an explanation of its reasons, theLJoint Intervenors request that this Petition for Review be granted and the October 24th Order described herein be reversed.
DATED:
October 31, 1983 Respectfully submitted, JOEL R. REYNOLDS, ESQ.
-JOHN R. PHILLIPS, ESQ.
ERIC HAVIAN, ESO.
Center for Law in the Public Interest 10951 W. Pico Boulevard Los Angeles, CA 90064 (213)470-3000 DAVID S. FLEISCHAKER, ESQ.
P. O. Box 1178 Oklahoma City,-OK 73101 IOELRF4Npp Attorneys for Joint.Intervenors SAN LUIS OBISPO MOTHERS FOR PEACE SCENIC SHORELINE PRESERVATION CONFERENCE, INC.
ECOLOGY ACTION CLUE SANDRA SILVER ELIZABETH APFELBERG JOHN J. FORSTER
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UNITED STATES OF AMERICA 0 KE. LED NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD.83 OCT 25 A10:15 Administrative Judges:
CFFICE OF SEC. hits -
00CKETn4G & SEin's"..
October ((,NC1983 0
Thomas S. Moore, Chairman Dr. John H. Buck Dr. W. Reed Johnson In the Matter of
)
)
PACIFIC GAS AND ELECTRIC COMPANY
)
Docket Nos. 50-275 OL
)
50-323 OL (Diablo Canyon Nuclear Power
)
Plant, Units 1 and 2)
)
)
ORDER on May 10, 1983, the joint intervenors filed a motion to reopen the record in this cperating license proceeding on the-issue of the adequacy of the applicant's construction quality assurance program at Diablo Canyon.
On May 17, 1983, Governor Deukmejian filed a similar motion.
The applicant and the NRC staff filed responses and, with our
(
leave, the movants filed replies.
Thereafter, we held a short hearing on the motions from July 19 - 22.
l After giving full consideration to the motions, responses, replies and the record of the hearing on them, the motions are denied.
We find that they fail to meet the established
- .v l'
standards for reopening the record of a licensing proceeding.
l
,.ff 15 A
V W.
See Kansas Gas and Electric Co. (Wolf Creek Generating Station, Unit 1), ALAB-462, 7 NRC 320, 338 (1978).
Im opinion setting forth our views on the motion-C A-issue as soon as practicable.
We are announcing our'Becision today because preparation for the upcoming hearing on the. issue of design quality assurance in the reopened proceeding and.the press of other business has delayed the issuance of our opinion.
It is so ORDERED.~
FOR THE APPEAL BOARD
_0.
5=w N C. Qean Snoemaker Secretary to the Appeal Board f i'.-
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION 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 on this 31st day of October, 1983, I have served copies of the foregoing JOINT INTERVENORS' PETITION FOR REVIEW OF OCTOBER 24, 1983 APPEAL BOARD ORDER REGARDING CONSTRUCTION QUALITY ASSURANCE, mailing them through the U.S.
mails, first class, postage prepaid.
L
- Nunzio Palladino,
- James Asselstine, l
Chairman Commissioner
'A,
U.S. Nuclear. Regulatory U.S. Nuclear Regulatory Commission Commissioner Washington, D.C.
20555 Washington, D.C. 20555
- Victor Gilinsky,
- Frederick Bernthal, Commissioner Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555
- i. c
- Thomas Roberts,
- Samuel J. Chilk, Commissioner Secretary U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commissioner Washington, D.C.
20555 Washington, D.C.
20555
Mr. Harold Denton
' Director of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Herzel Plaine, Esq.
Office of General Counsel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docket'and Service Branch Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Lawrence Chandler, Esq.
Office of the Executive Legal Director - BETH 042 -
U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- John Van de Kamp, Attorney General
'Andrea Sheridan Ordin, Chief Attorney General Michael J. Strumwasser, Special Counsel ~to the Attorney General Office of the Attorney General
. State of California 3580 Wilshire Boulevard, Suite 800 Los Angeles, CA 90010
- Maurice Axelrad, Esq.
Lowenstein, Newman, Reis & Axelrad, P.C.
1025 Connecticut Avenue, N.W.
Washington, D.C.
20036 Janice E. Kerr, Esq.
Lawrence Q. Garcia, Esq.
J. Calvin-Simpton, Esq.
California Public Utilities Commission g,
5246 State Building 350 McAllister Street San Francisco, CA 94102 Mr. Fredrick Eissler Scenic Shoreline Preservation Conference, Inc.
4623 More Mesa Drive Santa Barbara, CA 93105
- Malcolm H. Furbush, Esq.
Vice President & General Counsel Phil'ip A. Crane, Esq.
Pacific Gas and Electric Company Post Office Box 7442 San Francisco, CA 94120
David S.-Fleischaker
' Post Office
-Oklahoma City, OK 73101 Richard B. Hubbard.
MHB Technical Associates-1723 Hamilton Avenue-Suite K San. Jose,'CA 95725 Arthur C. Gehr, Esq.
Snell & Wilmer 3100 Valley Center Phoenix, AZ 85073 Virginia and Gordon Bruno-Pecho Ranch Post Office Box 6289 Los Osos, CA -93402 Sandra.and'Gordon SiIver 1760 Alisal Street San Luis Obispo, CA 93401
- Bruce Norton, Esq.
Norton, Burke, Perry.& French Post Office Box 10569 Phoenix, AZ 85064 j
Nancy Culver 192 Luneta~
San Luis Obispo, CA 93401 Carl Neiburger
- Telegram Tribune Post. Office Box 112
(-
San-Luis Obispo, CA 93402 i
Betsy Umhoffer 1493 Southwood San Luis Obispo, Ca 93401 l
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D/7f(DG/D Christina Concepcioh I
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- Delivered via Express Mail l
- Delivered by Hand at Design Hearings in Avila Beach, CA l
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