ML23158A261

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Memorandum (Notifying Participants of an Off-The-Record Communication)
ML23158A261
Person / Time
Site: Diablo Canyon Pacific Gas & Electric icon.png
Issue date: 06/07/2023
From: Hawkens E
Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
RAS 56716, 72-26-ISFSI-MLR, ASLBP 23?979?01-ISFSI-MLR-BD01
Download: ML23158A261 (0)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL Before the Licensing Board:

E. Roy Hawkens, Chair Nicholas G. Trikouros Dr. Gary S. Arnold In the Matter of PACIFIC GAS AND ELECTRIC COMPANY (Diablo Canyon Independent Spent Fuel Storage Installation)

Docket No. 72-26-ISFSI-MLR ASLBP No. 2397901-ISFSI-MLR-BD01 June 7, 2023 MEMORANDUM (Notifying Participants of an Off-The-Record Communication)

In the Diablo Canyon Independent Spent Fuel Storage Installation (ISFSI) license renewal proceeding, a law clerk for the Atomic Safety and Licensing Board Panel received an email from a member of the NRC Staff on June 6, 2023. Because this email could be considered an off-the-record communication by an NRC Staff employee to a Licensing Board Panel staff member about an ongoing proceeding, in accordance with 10 C.F.R. § 2.348(c) it is being served on all the participants to the Diablo Canyon ISFSI license renewal proceeding and is being made part of the public record by placing it into the agencys Electronic Hearing Docket. to this Memorandum contains a copy of the email and the response.

FOR THE ATOMIC SAFETY AND LICENSING BOARD E. Roy Hawkens, Chair ADMINISTRATIVE JUDGE Rockville, Maryland June 7, 2023

/RA/

From:

Scott Morris To:

Noel Johnson Cc:

Tomas Herrera; Paul Zurawski

Subject:

Re: Question on the Rescheduled Diablo Canyon Oral Argument Call-in Information- & NRC Wonders Why it"s lost the Public"s Trust Date:

Wednesday, June 7, 2023 1:04:52 PM I understand. Thank you. I assumed (incorrectly) that you were in NMSS!

Get Outlook for iOS From: Noel Johnson <Noel.Johnson@nrc.gov>

Sent: Wednesday, June 7, 2023 12:22:19 PM To: Scott Morris <Scott.Morris@nrc.gov>

Cc: Tomas Herrera <Tomas.Herrera@nrc.gov>; Paul Zurawski <Paul.Zurawski@nrc.gov>

Subject:

RE: RE: Question on the Rescheduled Diablo Canyon Oral Argument Call-in Information- &

NRC Wonders Why it's lost the Public's Trust Mr. Morris, I am a law clerk with the Atomic Safety and Licensing Board Panel. As an adjudicatory employee it is not appropriate for the Staff to contact members of the ASLBP to discuss matters relating to active cases. Consistent with ASLBP policy, this communication, including my response, will be placed on the docket and served on all parties.

Sincerely, Noel From: Scott Morris <Scott.Morris@nrc.gov>

Sent: Tuesday, June 6, 2023 2:35 PM To: Noel Johnson <Noel.Johnson@nrc.gov>

Cc: Tomas Herrera <Tomas.Herrera@nrc.gov>; Paul Zurawski <Paul.Zurawski@nrc.gov>

Subject:

Fwd: RE: Question on the Rescheduled Diablo Canyon Oral Argument Call-in Information- &

NRC Wonders Why it's lost the Public's Trust Noel... I don't believe we've met (but if we have I apologize!). Please let me know when you have a minute to discuss this incoming email.

As the former RA in Region IV, I am accustomed to receiving these types of inquiries. Let's talk about how to acknowledge and reply to Nina's email.

I'm in Region II and III this week but should be able to find time to chat tomorrow (from Atlanta).

Please reach out to Patti Sprogeris to find a mutually convenient time.

I'm cc'd two of the OEDO ETAs who can help as well.

Scott

Get Outlook for Android From: Nina Babiarz <ninababiarz@outlook.com>

Sent: Monday, June 5, 2023 2:37:38 PM To: Noel Johnson <Noel.Johnson@nrc.gov>; Charles Langley <langley@publicwatchdogs.org>;

CMRBARAN Resource <CMRBARAN@nrc.gov>; Terri Spicher <Terri.Spicher@nrc.gov>; Scott Morris

<Scott.Morris@nrc.gov>

Subject:

[External_Sender] RE: Question on the Rescheduled Diablo Canyon Oral Argument Call-in Information- & NRC Wonders Why it's lost the Public's Trust Noel - Are You or ANYBODY @ the NRC aware that, due to the legislation (Senate Bill 846 ) passed

& that our Gov. Newsome signed into law @ 1:30 in the morning of the last day of the CA Leg.

Session (Aug. 30th 2022) will force ALL CA ratepayers to have an increase in their Electrical bills of somewhere between 3-5% just to pay off what our Gov. has deem a $1.42 BILLION dollar loan?

Additionally, if you or anyone @ the NRC actually reads thru CA SB 846, you will also see that triple digit BILLIONS will be siphoned off the states general fund ANNUALLY to the tune of $600, to throw over to at Water Resources to dump into Diablo Canyon with NO PUBLIC HEARING by the CA PUBLIC UTILITY COMM!!!

Maybe someone should be educating the NRC to what will impact ALL Californians ratepayers for decades including CCAs (Community Choice Aggregates)-not just the PG&E ratepayers.

BTW - the ONLY competitive advantage the CCAs were able to offer for providing renewable sources of energy was a approx.. 2-3 cent advantage over the 3 CA investor-owned utilitiesi.e. ALL competition of the investor-owned utilities was also eliminated with SB 846. AGAIN, NO PUBLIC HEARINGS with CPUC.

Lest the NRC forgets, ratepayers here in San Diego are already paying $ 2.52 BILLION in decommissioning costs for the San Onofre mess; plant shuttered 39 year + 1 month early abruptly due to a new design (NOT Like-for-Like as promised) that resulted in a radiation leak, massive emergency & on-site and off-site insurance exemptions granted by NRC, Holtecs broken bolts &

shims, Downloading accident that revealed all 72 cans are scratched and gouged,.and the icing on the cake that the 2014 Cost Estimator (EnergySolutions) gets the 8-10 year contract to decommission the job it estimated with a Jt. Venture with AECOM who was found guilty of fraud @

Hansen?! the Song goes on and on @ San Onofre These additional costs are also on top of what taxpayers are dolling out via the Judgement Fund in the millions, upon millions of DOE breach of contract settlements for the investor-owned utilities.

So if you are a San Diegan ratepayer and ALSO a U.S. Taxpayer, we are paying multiple ways for NO VOICE on Diablo.

All this + more too numerous to mention. Icing on this cake baked for the investor-owned utilities is now NRC acts as tho ALL Californians should not be allowed a Voice when it comes to Diablo! If Chair Hansen still wonders why the NRC has a problem with the Publics trust? Its self-evident to Us.

Regards, Nina Nina From: Noel Johnson <Noel.Johnson@nrc.gov>

Sent: Monday, June 05, 2023 9:39 AM To: Noel Johnson <Noel.Johnson@nrc.gov>

Subject:

Rescheduled Diablo Canyon Oral Argument Call-in Information Good afternoon, Below is the information for the listen-only line for the rescheduled Diablo Canyon Independent Spent Fuel Storage Installation oral argument on Tuesday, June 13, 2023, at 1:00 PM (Eastern Time).

Please note that this conference ID is different than the conference ID for the postponed May 24 oral argument. The old conference ID will not work for the June 13 oral argument.

Phone number: (301) 576-2978 Conference ID: 581 057 097#

After successful entry of the conference ID, you will hear the following message: You are not allowed to unmute. To raise your hand press *5. However, this is a listen-only conference line and pressing *5 will not allow you to participate. The Licensing Board will only hear arguments from the designated counsel representing San Luis Obispo Mothers for Peace, Pacific Gas and Electric Company, and the NRC Staff.

Thank you, Noel Noel M. Johnson Law Clerk, Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission (301) 415-7453 noel.johnson@nrc.gov

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

)

)

PACIFIC GAS AND ELECTRIC COMPANY

)

Docket No. 72-26-ISFSI-MLR

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(Diablo Canyon Independent Spent Fuel

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Storage Installation)

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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM (Notifying Participants of an Off-The-Record Communication) have been served upon the following persons by Electronic Information Exchange.

U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: ocaamail.resource@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Washington, DC 20555-0001 E. Roy Hawkens, Chairman Nicholas G. Trikouros, Administrative Judge Dr. Gary S. Arnold, Administrative Judge Noel M. Johnson, Law Clerk Emily G. Newman, Law Clerk Allison R. Wood, Law Clerk E-mail: roy.hawkens@nrc.gov nicholas.trikouros@nrc.gov gary.arnold@nrc.gov noel.johnson@nrc.gov emily.newman@nrc.gov allison.wood@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-14A44 Washington, DC 20555-0001 Adam S. Gendelman Catherine E. Kanatas Mauri T. Lemoncelli E-mail: adam.gendelman@nrc.gov catherine.kanatas@nrc.gov mauri.lemoncelli@nrc.gov Counsel for Pacific Gas and Electric Company Morgan, Lewis & Bockius, LLC 1111 Pennsylvania Ave NW Washington, DC 20004 Ryan K. Lighty Paul Bessette Timothy Matthews E-mail: ryan.lighty@morganlewis.com paul.bessette@morganlewis.com timothy.matthews@morganlewis.com

Pacific Gas and Electric Company (Diablo Canyon Independent Spent Fuel Storage Installation)

MEMORANDUM (Notifying Participants of an Off-The-Record Communication) 2 Counsel for San Luis Obispo Mothers for Peace Hamon, Curran, Spielberg, & Eisenberg, LLP 1725 DeSales Street, N.W.

Suite 500 Washington, DC 20036 Diane Curran E-mail: dcurran@harmoncurran.com Jill ZamEk San Luis Obispo Mothers for Peace 1123 Flora Rd.

Arroyo Grande, CA 93420 E-mail: jzamek@gmail.com Office of the Secretary of the Commission Dated at Rockville, Maryland, this 7th day of June 2023 Clara I. Sola Digitally signed by Clara I. Sola Date: 2023.06.07 15:51:24 -04'00'