ML20154B781

Answer to Consumers Organized for Defense of Environ Safety (Codes) Petition for Leave to Intervene.Petition Fatally Defective & Should Be Denied.Certificate of Svc Encl

ML20154B781
Person / Time
Site:	Diablo Canyon
Issue date:	02/27/1986
From:	Crane P PACIFIC GAS & ELECTRIC CO.
To:	NRC COMMISSION (OCM)
References
CON-#186-266 OLA, NUDOCS 8603040392
Download: ML20154B781 (5)

Text

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- M 1 UNITED STATES OF AMERICA -

c~ MAR 3 - 1986* ;

NUCLEAR REGULATORY COMMISSI' In,u.unc a b 2 r moctsaAncit /f2 secuac ,

~3 In the Matter of ) D

) N 4 PACIFIC GAS AND ELECTRIC ) Docket No. 50-2750s A COMPANY ) Docket No. 50-323 5 ). (Spent Fuel Pool Diablo Canyon Nuclear Power ) Reracking) j 6 Plant, Units 1 and 2 )

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i ANSWER OF PACIFIC GAS AND ELECTRIC COMPANY j 8 (PGandE) TO PETITIONS FOR LEAVE TO INTERVENE 4

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10 On January 13, 1986 the Nuclear Regulatory Commission 11 (NRC) published in the Federal Register (5 F.R. 1451) a j- 12 Notice of Consideration of Issuance of- Amendments to 4

13 Facility Operating Licenses DPR-80 and DPR-82 for Diablo 14 Canyon Nuclear Power Plant, Units 1 and 2, Respectively, and  ;

15 Proposed No Significant Hazards Consideration Determination  !

16 and Opportunity for Hearing (the Notice). The Notice 17 concerned PGandE's proposed license amendments to increase j

18 the Unit 1 and Unit 2 spent fuel storage capacity by 19 reracking the spent fuel storage pools. The Notice provided  !

I 20 that any person whose interest may be affected by the 21 proceeding and who wishes to participate as a party must i 22 file a written petition for leave to intervene. In response I

23 to the Notice such petitions were filed by the San Luis i 24 Obispo Mothers For Peace, the Santa Lucia Chapter of the 25 Sierra Club, and an organization called Consumers Organized a

26 for Defense of Environmental Safety (CODES).

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a 1 At this stage of the proceeding PGandE intends to 2 respond only to the CODES petition. The petition alleges 3 that CODES "has exhibited a long term interest in the safety 4 and costs of Diablo Canyon", but does not allege how they 5 have evidenced this "long term interest" other than by 6 participating in the Diablo Canyon rate case now pending 7 before the California Public Utilities Commission. Clearly 8 this falls short of the requirement of 10 CFR 2. 714 (d) (1) 9 that the petition set forth the nature of petitioner's right 10 under the Act to be made a party to the proceeding.

11 12 The petition also alleges that members of CODES are 13 ... residents, property owners, ratepayers, taxpayers and 14 workers in an area impacted by the facility at issue..." in 15 this proceeding. However, no names or addresses of members 16 of CODES are specified, and the phrase " area impacted by the i

17 facility" is hopelessly imprecise. The only name given is

{ 18 of the person who signed the petition as "Co-ordinator", but 19 her address is not given nor is there any indication of her q 20 authority to act on behalf of CODES, allegedly a California 21 corporation. In short, the petition contains nothing to 22 indicate the 8 nature and extent of the petitioner's 23 property, financial, or other interest in the proceeding" as

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24 required by 10 CFR 2.714 (d) (2) .

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i 1 The third requirement of 10 CFR 2. 714 (d) concerns the i

2 Possible effect of any order which may be entered in the 3 Proceeding on petitioner's interest. Presumably this is 4

4 intended to be addressed in the vague allegation " fearing 5 personal and property damage and loss should an error on.the 6' part of the licensing body be made." However, there is no 7 indication of what personal and property damage and loss is 8 being referred to or what the " error" by the licensing board 9 might be. Further, there is no specific allegation of harm 10 to identifiable individuals. In short, there is no showing

! 11 how the petitioner or its members might be adversely

• 12 affected by operation of the plant after adoption of the 13 proposed license amendments.

14 15 Finally, the petition contains a number of conclusory 16 statements about the Hosgri Fault and other matters which 17 have nothing to do with the issues involved in this i

! 18 Proceeding.

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-1 For all these reasons PGandE submits that the CODES 2 Petition for leave to intervene is fatally defective and 3 should be denied.

4 5 Respectfully submitted, 6 ROBERT OHLBACH PHILIP A. CRANE, JR.

7 RICHARD F. LOCKE DAN G. LUBBOCK 8 Pacific Gas and Electric Company P. O. Box 7442 9 San Francisco CA 94120 .

(415) 972-2768 10 BRUCE NORTON 11 Norton, Burke, Berry & French, P.C.

P. O. Box 10569 12 Phoenix AZ 85064 (602) 955-2446 13 t rneys for g ,

14 Pa if as nd E ctii mpany Bk , r 16 W Mili~p A. Ctahe, r.

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17 Dated: February 27, 1986 18 i

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UNITED STATES OF AMERICA sS2 /

s NUCLEAR REGULATORY COMMISSION 8 In the Matter of ) S DOCd# N'

) Docket No.

p2EE 1986P' ?_

PACIFIC GAS AND ELECTRIC COMPANY ) Docket No. Q-3z3'R 3 -

) D N Nt 8 Diablo Canyon Nuclear Power Plant, ) (Spent Fuel Units 1 and 2 )

91 h hkyokingly e

s I h p 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:

Chairman Ms. Laurie McDermott, Co-ordinator Atomic Safety and Licensing Consumers Organized for Defense of Board Panel Environmental Safety US Nuclear Regulatory Commission 731 Pacific Street, Suite #42 Washington DC 20555 San Luis Obispo CA 93401 Chairman Mrs. Sandra A. Silver Atomic Safety and Licensing San Luis Obispo Mothers for Peace Appeal Panel 1760 Alisal Street US Nuclear Regulatory Commission San Luis Obispo CA 93401

, Washington DC 20555 Secretary Janice E. Kerr, Esq.

US Nuclear Regulatory Commission Public Utilities Commission Washington DC 20555 State of California Attn:

5 246 State Building Docketing and Service 350 McAllister Street Section San Francisco CA 94102 Lawrence J. Chandler, Esq. Bruce Norton, Esq.

US Nuclear Regulatory Commission Norton, Burke, Berry & French, P.C.

Office of Executive Legal P. O. Box 10569 Director Phoenix AZ 85064 Washington DC 20555 l Dr. Richard Ferguson Vice Chairman Sierra Club, Santa Lucia Chapter Rocky Canyon Star Route Creston CA 93432 1

l Philip A Crane, J .

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