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. N n i D s l' \\ i 1.3 u s\\ 1.k N M1.N I Memorandum W 11 E6 IWI I. ;
Separated legal Files 1"
I" Gerald f. Hadlock MALIBU TEIIPHONE CONVEPSATIm VITH EUSSELL JARVIS
SUBJECT:
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late Monday afternoon, May 10, 1966, I received a call frcto Russ Jarvis, attorney for the Department of Water and Power of the Cit Gene Koffman't and Gerry Inb-were on the line They indicated that they had studied the questions sefa of Los Angeles.
forth in the Atomic Safety ard Licensing Board's letter of May 5 with him.
1966, and were quite concerned.
been able to call Dr. Doan and Harold Price on Monday but had to reach them.
the Hill and probably that was the reason.second letter from th j t Koffmann stated that as be read the Board's letter the Malibu pro ec he thought it clear that the Board had d
was "a dead duck". He safd.
concluded that ground displacement at the site could not be neglec d be in the design of the reactor e.nd that a construction permit woul d dis-conditioned to require a desi.m to accommodate permane I
l placement.
because the Department could not do it.
Koffmann then asked what the staff's position would be with respect I told him I did not know, but to designing against displacement.
tion that, as he knew, the staff had taken a position en this quesI sa ht a closed mind on the question, but that I could not irdicate w a in the Bodega case.
it might take to convince the staff that such a de:',gn was OK in Koffmann stated that in order to " pull this on " the staff would have to do something to " straighten the board out.He sa this case.
I asked him what he had in mind.
a strong statement that the meaning of "known active earthquake fault", as used in Part 100, meant any fault that had not moved in I pointed out that Ed Case had defined this 10,000 years or more.
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L Buy U.S. S.nings Bonds Rigularly on tir R roll S nings Plan
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2-l files as phrase at the hearing based on a review of the Commission 4
He said "I know that, i
a fault which had not moved in historic time.It has to be related to the 10,000 but that's too restrictive.I told him I cculd not see how we could do this I pointed of the Comission records and Ed's previous testimo figure."
- fied, lity--that this condition was merely one guide to site suitabii afg while any site which did not meet this criterion was pr m unsuitable, the fact that a site slet this criterion did not mean t or that other geologic considcrations vould be taken t
displacement was so high that it must be designed against.
i Jarvis asked whether the reconi could be certified to I stated 1
for decision to avoid an adverse decision by the Board.licensing that the rules provided for certification of the record in a PRDC case.
proceeding and that this bad, in fact, been done in the I pointed out, however, that the PRDC case wa i
to Prainer in that case to certify the record was issued pr or I pointed out that under the rules the Comission must direct the Board to certify the 2Mord to it, that taking any evidence.
I felt that at this stage of the proceeding the Coensission would I told them that they would have to extremely reluctant to do so. file a motion with the Comaission requ Koffmann en:phasized several times in the course of the conversa that an adverse decision in this case would have a very seriousHe ven l
in: pact on the nuclear industry in California.
Harold Price ani the Commission vere aware I told him that I situation to Harold Price and the Commission.
could not speak for the Commission, but I was sure Harold was aware of the importance of this case and that he most certainly would be glad to discuss the matter with them if they chose to c I told him Ed Washington.
a day or so early to Giscuss the matter with them.
l art was out of the country and would not be back until coming to California prior to the 18th.
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3 They concluded the conversation by requesting me to
- sure and that they would advise Harold Price of their concern and indica'.
be in touch with us scxne time later in the week.
I told Bud Schur of this conversation later Tuesday afternoon when d
we vent to talk with Congressman Bell concerning the Halibu case anShapar w reported the ecnversation to Harold Price ani Howarti returned from "The Hill" on Wednesday afternoon.
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cc:
B. H. Sebur Harold L. Price R. L. Doan i
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