ML20236B594

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Requests Copy of Commission Applicable Regulation Referred to in NRC & Data Used as Basis of 720421 Memorandum & Order & Safety Evaluation Referred to in Paragraph 3,Page 2 of
ML20236B594
Person / Time
Site: Diablo Canyon, 05000000
Issue date: 02/19/1974
From: Mendes S
AFFILIATION NOT ASSIGNED
To: Shapar H
US ATOMIC ENERGY COMMISSION (AEC)
Shared Package
ML20236A877 List: ... further results
References
FOIA-87-214 NUDOCS 8707290165
Download: ML20236B594 (2)


Text

w-1 STANLEY H. MENDES STRUCTURAL ENGINEER 128th STATE ST.

SUITE 1

. l S ANTA BARBARA, CAUF. 93101 PHONE (SOS) 962 9870 i

February 19, 1974 j

J Docket'Nos. 50-275 Mr. Howard K.

Shapar 50-323 Assistant General Counsel Licensing and Regulation United States Atomic Energy Commission Washington, D. C.

20545 l

Dear Mr. Shapar:

Your letter of January 29, 1974, as signatured by Mr., Thomas 1

F. Engelhardt, has been received and reviewed.

While it is

]

informative, it does not satisfactorily explain several very important details.

I will discu,ss these more at length later, j

i Based upon your letter, it is my understanding, 1) that the q

fundamental position of AEC is that all necessary and proper l

public hearings have been held, 2) that adequate consideration 1

has been given to the seismic design and relevant geological and seismological data, and 3) that the seismic design for the facility was adequate.

If such were the case, and-your position were substantial, then surely you would have had nothing to be concerned about if I raised a few simple quesrions about the appropriateness of the relevant geological and seismological data or the appropriateness of basic design criteria related to Design Earthquakes B and D.

The actions of the Commission speak much more loudly and clearly.than your words.

It is my belief that you are obligated to be properly responsive to reasonablo' requests of any citizen, particularly with respect to matters of public record.

Based upon the foregoing belief, the following information is respectfully requested.

1.

Please provide a copy of "the Commission's applicable regulation" referred to in paragraph four, page one of your letter of January 29, 1974.

In addition, provide pertinent data and information which was considered and upon which the " Commission Memorandum and Order dated April 21, 1972," was based.

I sincerely question whether the Commission had the author-l ity to exclude my testimony by the Order since my testimony i

was related to environmental considerations.

2.

Refer to paragraph five, page one and paragraph one, page two of your letter of January 29, 1974.

Please provide'me with all pertinent data and information upon which the Commission based its decision that I could not be provided the opportunity 8707290165 870721 PDR FOIA CDNNDRB7-214 PDR a

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STANLEY H. MENDES i'

STRUCTUQaL ENGINEER bur. Howard K. Shapar February 19, 1974 l

to testify since the hearing was restricted to considera-tion of environmental matters.

The action of the Commission was totally inconsistent with the Draf t Environmental Statement of December 1972.

The

' Statement itself raised the issues of geology and seismology and. design by the inclusion of 2.4.1 Geology, and 2.4.2 Seis-mology, pages 2-27 through 2-29 inclusive.

By.the inclusion of these sections with no opportunity for me to testify regarding' the appropriateness. of information. contained therein, I was effectively " gagged".

For all ~ intents and the Commission could and did speak to matters

purposes, of geology, seismology.and design while I was not permitted.

to do so.

In that respect, the public. hearints on.the Draft Environmental Statement were, in fact, " rigged" to exclude procable adverse testimony..

3.

Please send me a copy of " Safety' Evaluation" referred to in paragraph three, page two of your letter of January 29, 1974.

,L Your early attention to my request for additional'. Ita and information will be greatly appreciated.

Very sincerely yours, ELCc.y 41 'hw -lw Stanley H. Mendes SHM:pm cc:

Dr. William Aron I l i

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