ML20247Q153

Sierra Club Request to Withdraw Contentions.* Requests That All Outstanding Contentions in Current Proceedings Be Withdrawn W/Understanding That Further Discussion Will Occur Between Sierra Club & NRC Re Nepa.W/Certificate of Svc

ML20247Q153
Person / Time
Site:	Diablo Canyon
Issue date:	07/24/1989
From:	Ferguson R Sierra Club
To:	Atomic Safety and Licensing Board Panel
References
CON-#389-8962, TASK-082, TASK-82, TASK-OR OLA, NUDOCS 8908070062
Download: ML20247Q153 (5)

Text

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t UNITED STATES OF AMERICA h^

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD '89 JUL 27 P3 5'. .

In the Matter of ) Docket Nos. 50-275 dUh l-

) 50-323 cir A PACIFIC GAS AND ELECTRIC )

COMPANY ) (Remand Concerning

) Zircaloy Fire; Adequacy (Diablo Canyon Nuclear Power ) of Supplemental L Plant, Units 1 & 2 ) Environmental Assessment)

)

Sierra club Recuest to Withdraw contentions The Sierra Club has reviewed several recently published documents related to Generic Issue 82. These documents contain new findings relevant to issues raised in this proceeding. In addition, . NRC staff has provided the Sierra Club with supplemental information which also has a bearing on this proceeding. Upon analysis of this additional material, the Sierra Club believes that its contentions concerning the risks of catastrophic Zircaloy fires have been adequately addressed. We therefore rcquest permission to withdraw our contention regarding this issue.

On Friday, July 23, a telephone conference call was held in which Mr. Rutberg for the NRC, Mr. Locke for PG&E and Dr. Ferguson for the Sierra Club participated. Dr. Ferguson informed the others of the Club's intention to request that the contention related to Gcaeric Issue 82 be withdrawn. Mr. Rutberg and Mr. Locke indicated during this call that they would support this request.

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i Also. at issue in this proceeding is the adequacy of the Supplemental Environmental Assessment for the reracking. Dr.

Ferguson suggested that the Sierra Club's contention related to the EA also be withdrawn and that further informal discussions between Commission staff and the Sierra Club regarding the implementation of NEPA by the NRC be held sometime in the near future. Mr. Rutberg agreed that this might be a more productive approach to resolving the outstanding NEPA issues and that he would be willing to participate in further informal discussion.

The Sierra Club therefore requests that the remaining contention related to the NEPA documents in this proceeding also be withdrawn. Mr. Rutberg and Mr. Locke indicated that they would support this request also.

Thus, the Sierra Club requests that all the outstanding contentions in the current proceedings be withdrawn with the understanding that further discussion between the NRC and the Sierra Club regarding .the Commission's implementation of the l National Environmental Policy Act will occur.

Respectfully,

/ ,,

signed!_, 4- - A (4W*

Dr. Rfd7Ea'rd B. Ferguson Sierra Club y

dated 7 July 24, if9 ' /

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UNITED STATES OF AMERICA $

NUCLEAR REGULATORY CONNISSION.

RWWODr THE ATOMIC SAFETY Aun' Lir'mINNhrO7: P 3 53 InLthe Matter of .) ' Docket Nos. h[,275 OLA,

) 50-32310LA PACIFIC GAS AND' ELECTRIC. .)

COMPANY ) '(Remand Concerning

) Zircaloy Fire; Adequacy (Diablo Canyon Nuclear Power ) of. Supplemental Plant, Units 1 & 2 ) Environmental Assessment)

)

CERTIFICATE OF SERVICE ILhereby certify.that copies of " Sierra Club Request to Withdraw contentions" in the' above-captioned proceeding have been served on the following by deposit in ' the United States mail, first 1 class,-this 24th day of July, 1989:

Peter B. Bloch,~ Chairman Administrative Judge Atomic. Safety and: Licensing Board U.S.-Nuclear Regulatory Commission W a s h i n g t o n ,. D . C ..- 20555

, Gustave A. Linenberger, Jr.

Administrative Judge

. Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission

~ Washington, D.C. 20555 Dr. Jerry Harbour

. Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission

-Washington, D.C. 20555 Richard E. Blankenburg, Co-Publisher Wayne A. Soroyan, News Reporter South County Publishing Company P.O. Box 460 Arroyo Grande, CA 93420 Docketing and Service Section Office of the Secretary U.S. Nuclear' Regulatory Commission Washington, D.C. 20555

Joseph Rutberg.

Deputy Assistant General' Counsel U.S. Nuclear Regulatory Commission Office 0f the General Counsel Washington, D.C. 20555 Richard F. Locke Pacific Gas and Ele 7tric Company.

P.O. Box 7442 San Francisco, CA 94120

-Atomic Safety and Licensing board Panel (1)

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Adjudicatory File Atomic Safety and' Licensing Board U.S.. Nuclear Regulatory Commission Washington, D.C. 20355 Atomic Safety and Licensing Appeal Panel (5)

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Managing Editor San Luis Obispo County

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Telegram-Tribune P.O. Box 112 San Luis Obispo, CA 93406 Bruce.Norton, Esq.

c/o R.F. Locke, Esq.

Pacific Gas and Electric Co.

P.O. Box 7442 San Francisco, CA 94120 Nancy Culver 192 Luneta Street San Luis Obispo, CA 93401 Mrs. Jacquelyn Wheeler San Luis Obispo Mothers for Peace 3033 Barranca Court San Luis Obispo, CA 93401 Mr. Lee M. Gustafson Pacific Gas and Electric Company Suite 1100 1726 M. Street, N.W.

Washington, D.C. 20036-4502

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. Dr.~ fiif5ard B. Felfguson jf -

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