ML20105C725

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Requests Status Rept on Recommended Approaches Commission Should Take Re Complicating Effects of Earthquakes on Emergency Planning,By 831130.Notation Vote Response Sheets ,29 & 840228 Encl
ML20105C725
Person / Time
Site: 05000000, Diablo Canyon
Issue date: 11/14/1983
From: Asselstine J
NRC COMMISSION (OCM)
To: Cunningham G, Plaine H
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20105C680 List:
References
FOIA-84-378 NUDOCS 8502090507
Download: ML20105C725 (5)


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!;ovember 14, 1983

%.4 crri:nop HE COMY:SSIONrR

.".EMORANDUM FOR:

Herzel H.E. Plaine, OGC Guy H. Cunninghan, ELD FROM:

James K. - Asselstine p

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SUBJECT:

DIABLO CANYON - S Y 83-377 1

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In Secy 83-377, OGC stated that OGC and ELD were going to work out i

infonnally the issue of what the Cor:nission should do to deal with

" complicating effects of earthouakes on emergency planning."

I agreed-with that approach but asked for a status report from OGC and ELD.

I would like to know by November 30, 1983 what you intend to recomend.

cc: Chairman Palladino Comissioner Gilinsky Commissioner Roberts Comissioner Bernthal 4

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N 0"T l T'I'0 N V0TE iiESPONSESHEET TO:

SiMust J' CHILK, SECRETARY OF THE COMMISSION

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COMMISSIONER ASSELSTINE a

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SUBJECT:

SECY-83-377 - REVIEW OF ALAB-728 (PACIFIC GAS AND ELECTRIC COMPANY, DOCKET NOS. 50-275, 50-323 OL) t APPROVED xxxxx DISAPPROVED ABSTAIN

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NOT PARTICIPATING REQUEST DISCUSSION l'

COMMENTS:

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. i I would like a report from OGC and ELD by September 15 on what appfcach the Commission should take to deal with the issue of " complicating effects of

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earthquakes on emergency planning."

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DAlt SECRETARIAT NOTE:

PLEASE ALSO RESPOND TO AND/OR COMMENT ON OGC/0PE MEMORANDUM IF ONE HAS EEEN ISSUED ON THIS PAPER, NRC-SECY FOax DEC. 80 L.

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SAMUEL J. CHILK, SECRETARY OF THE COMMISSION FROM:

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SUBJECT:

SECY 83-377 - REVIEW OF ALAB-728 (PACIFIC GAS AND ELECTRIC COMPANY, l

DOCKET NOS. 50-275,50-323 OL)

APPROVED' sEE BEi.0W DISAPPROVED ;rr m nv AsSTAIN~

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REQUEST DISCUSSION j

COMMENTS:

Approved in part, disapproved in part.

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I AGREE WITH COMMISSICNER GILINSKY'S SEPARATE VIEWS ON THE CLASS 9 ACCIDENTS. ISSUE.

1 THE LICENSING BOARD HAS DEFINED "SPECIAL CIRCUMSTANCES" OUT OF EXISTENCE, AND.

!j Tl!E COMMISSION SHOULD HAVE CORRECTED THIS MISTAKEN INTERPRETATION OF COMMISSION i

POLICY.

I ALSO AGREE THAT WE MUST DO SOMETHING ABOUT THE " COMPLICATING EFFECTS OF EARTH-

^i QUAKES ON EMERGENCY PREPAREDNESS." I AM STILL AWAITING OGC & ELD'S RECOMMENDATION ON THIS ISSUE.

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1) Alt SECRETARIAT NOTE:

PLEASE.ALSO RESPOND TO AND'/OR COMMENT Off OG MEMORANDUM IF ONE HAS EEEN ISSUED ON THIS PAPER.

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UNlTED STATES 1

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(; 'j NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20$55 y(

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November 30, 1983 J.:,

MEMORANDUM FOR:

Commissioner Asselstine FROM:

Guy H. Cunningham, III

.j Executive Legal Director
s THRU:

William J. Dircks f

Executive Director for Operations 4

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SUBJECT:

CONSIDERATION OF COMPLICATING EFFECTS OF 4 '

EARTHQUAKES ON EMERGENCY PLANNING In your Memorandum of November 14, 1983, you inquired about the ongoing efforts concerning consideration of the complicating effects of earthquakes on emergency planning.

The Staff is presently developing a Memorandum for the Comission which will provide an analysis of the matter supplemental to the Memorandum from Mr. Dircks to the Comissioners, dated June 22, 1982. Completion of

'l this paper is anticipated within the rext few weeks.

It is expected that the Staff will continue to recommend that consideration of the potentially complicating effects of earthquakes in the context of emergency planning 4

is not necessary given the level of planning already required by the Com-mission's regulations and, thus, no change to the regulations is warranted.

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7 Guy H. Cunningham,, III

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Executive Legal Director cc: Chairman Palladino d

Comissioner Gilinsky Commissioner Roberts i

Comissioner Bernthal OGC

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SiMUELJ.CHILK,SECRETARYOFTHECOMMISSION i

FROM:

COMMISSIONER ASSELSTINE 3

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SUBJECT:

.SECY-84-70 CONSIDERATION OF THE COMPLICATING EFFECTS OF EARTHQUAKES ON EMERGENCY PLANNING AT DIABLO CANYON As reoD/P/ED APPROVED ~

DISAPPROVED ABSTAIN ~

NOT PARTICIPATING ~

REQUEST DISCUSSI0R COMMENTS:

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SIENAIURL yQ 7Y DAlb SECRETARIAT NOTE:

PLEASE ALSO RESPOND TO. AND/OR COMMENT ON OGC/0PE MEMORANDUM IF ONE HAS BEEN ISSUED ON THIS PAPER.

NRC-SECY FORM DEC. 80

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3.

if the answer to (1) er (2) is yes, then the foll6 wing issues would also be relevant for this case:

(a) the substantive review cr'iteria that should be employed; and 2

j (b) the necessity for public participation in the review q

of this matter, including the scope of formal

, hearings, if any, that should be held.

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The Comission notes thatgany requiremeDor furthM w_arings

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would rat-r.:::::a. 1 equire that interim operation of the plant be stayed.

The stay determination, if and when it is presented, will be a matter for the equitable. discretion of the Comission-or Appeal Board.

See e.o., Public Service Comoany of New Hampshire (Seabrook Station,

.i Units 1 and 2), CLI-77-8, 5 NRC 503 (1977).' Parties need not address the stay question at this time.

All parties must respond to the questions outlined above within 15 days of the date of' this Order to ensure consideration by the~

i Comission.

i It is so ORDERED'.

,j For the Comission pj i

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SAMUEL J. CHILK J!

Secretary of the Comission 1

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Dated at Washington, D.C.

this day of February,1984.

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