ML20234D339

Notice of Appeal of ASLB 870902 Order.* Appeal Denies Sierra Club Motion to Admit Contention Re Consequences of LOCAs for Plants W/Spent Fuel Pools Utilizing High Density Configuration.Proof of Svc Encl

ML20234D339
Person / Time
Site:	Diablo Canyon
Issue date:	09/16/1987
From:	Preston M GRUENEICH, D.M. (FORMERLY GRUENEICH & LOWRY), Sierra Club
To:
References
CON-#387-4409 OLA, NUDOCS 8709220062
Download: ML20234D339 (4)

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Dian M. Grueneich-N f -m 't 1

Marcia Preston DocmED C! M LAW GRUENEICH 2 i 380l: OFFICE OF DIAN Hayes Street, M.

Suite:4 >- SEP161987> L J i San' Francisco, CA 1 94102 Telephone:-(415)~861-6930-D g$7Q BEcremq Attorneys for Intervenor. Sierra Club UNITED STATES OF AMERICA-NUCLEAR' REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING' APPEAL BOARD-

) i In the Matter of: ) Docket Nos. 50-275 and 50-323 -E// i

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PACIFIC GAS & ELECTRIC COMPANY )

) NOTICE OF APPEAL OF LICENSING (Diablo Canyon Nuclear Power ) BOARD'S SEPTEMBER 2, 1987 Plant,' Units 1 and 2) ) ORDER

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The following Notice of Appeal is filed pursuant to 10 CFR 52.714a. The - Sierra Club, Santa Lucia Chapter (" Sierra Club")

appeals from the Atomic Safety and Licensing Board's September 2, l 1987 ruling, in the above-referenced proceeding.

l PG&E requested a license amendment authorizing the reracking l of the Diablo Canyon Units 1 and 2 spent fuel pools in a high i

density configuration that would increase the number of fuel

. assembly storage locations from 270 to 1324 for each unit. On l June 16, 1987 Sierra Club moved to admit a contention concerning the consequences of loss of cooling accLdents for plants with spent fuel pools utilizing a high density configuration such as 8709220062 870916 PDR ADOCK 05000275 G PDR T)6[ l

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i that proposed by PGGE for Diablo. Canyon (" Contention").

The motion alco ' requested that the Board dismiss the prior finding of no.significant impact and order that an environmental impact statement ("EIS") be prepared for the modification of spent fuel facilities at Diablo Canyon. A basis.for these motions was a January 1987. report entitled "Beyond Design Basis Accidents in Spent-Fuel Pools (Generic Issue 82)", issued by the Brookhaven l National Laboratory ("BNL Report"), a copy of which had only 'l recently been made available to Sierra Club..The Licensing Board directed Sierra Club to submit its motion in writing, and the NRC staff and PG&E both responded. ,

I The Licensing Board's September 2, 1987 Order (" Order") ,

denied Sierra Club's motion to admit the Contention. The Order also stated that no additional environmental documentation would be - required, thereby denying Sierra Club's request for an EIS.

i Both of these decisions were incorrect as a matter of law because Sierra Club made the necessary -showing for admission of the i

Contention and also demonstrated that significant environmental impacts not previously addressed were likely to result from the proposed license modifications, thereby triggering the requirement that an EIS be prepared.

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i This Appeal is based on this riotice of motion and on the attached brief.

Dated: September 16, 1987 Respectfully Submitted, LAW OFFICE OF DIAN M. GRUENEICH By [ [h (,M h'h Marcia Preston

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' PROOF OF SERVICE' l'." 73 I, Deborah M. Hunt, declare that on September P16, 11 1 d SEP16198751  !

deposi ted copies of the attached Notice of Appeal lofN friga% I.,nsk $

. Board's . September 2, 1987 Order in the United States Tma11~#0Mh - U postageJthereon below:

fully prepaid and addressed to the partless14stedfI

s. ,((1-Dr.' Jerry Harbour Mr. Leland M. Gustafson,-

Administrative Judge Federal Relations Manager Atomic Safety & Licensing Board Pacific Gas & Electric Co.

U.S. Nuclear Regulatory Comm. 1726 "M". Street, NW, Suite 1100  ;

Washington, D.C. 20555 Washington, D.C. 20036-4502 Glenn O. Bright Richard F. Locke, Esq.

Administrative Judge. Pacific Gas & Electric Co.

Atomic Safety & Licensing Board P.O. Box 7442 U.S. . Nuclear Regulatory Comm. San Francisco, CA 94120

-Washington, D.C. 20555 Mr. Gordon A. Silver Benjamin Vogler, Esq. Ms. Sandra.A. Silver Lawrence J. Chandler, Esq. 660 Granite Creek Road Office of the General Counsel Santa-Cruz, CA 95065 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Ms. Laurie McDermott, Coordinator Atomic Safety & Licensing C.O.D.E.S.

Board Panel 731 Pacific Street, Suite 42 U.S. Nuclear Regulatory Comm. San Luis Obispo, CA 93401 Washington, D.C. 20555 Mrs. Jacquelyn Wheeler B. Paul Cotter, Jr.,. Chairman 2455 Leona Street Administrative Judge San Luis Obispo, CA 93400 Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comm. Dr. R.B. Ferguson Washington, D.C. 20555 Sierra Club / Santa Lucia Chapter Rocky Canyon Star Route Atomic Safety & Licensing Creston, CA 93432 Appeal Panel (5 copies)

U.S. Nuclear Regulatory Comm. Ms. Nancy Culver Washington, D.C. 20555 192 Luneta Street San Luis Obispo, CA 93401 Bruce Norton, Esq.

Pacific Gas & Electric Company Managing Editor P.O. Box 7442 S.L.O. Telegram-Tribune San Francisco, CA 94120 P.O. Box 112 San Luis Obispo, CA 93406 R. Blankenburg/W. Soroyan South County Publishing Company P.O. Box 460 Arroyo Grande, CA 93420 I am, and was at the time of the service of the attached paper, over the age of 18 and not a party to the proceeding.

I declare under penalty of perjury that the foregoing is true and correct. p- 7/

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