ML23272A196

Reply by San Luis Obispo Mothers for Peace and Friends of the Earth to Oppositions to Request for Emergency Order Requiring Immediate Shutdown of Unit 1 Pending Completion of Tests and Inspections of Pressure Vessel, Public Disclosure of Re

ML23272A196
Person / Time
Site:	Diablo Canyon
Issue date:	09/29/2023
From:	Curran D, Templeton H Friends of the Earth, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, San Luis Obispo Mothers for Peace (SLOMFP)
To:	NRC/OCM
SECY RAS
References
Download: ML23272A196 (0)

Text

September 29, 2023 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the matter of Pacific Gas and Electric Company Docket No. 50-275 Diablo Canyon Nuclear Power Plant, Unit 1 REPLY BY SAN LUIS OBISPO MOTHERS FOR PEACE AND FRIENDS OF THE EARTH TO OPPOSITIONS TO REQUEST FOR EMERGENCY ORDER REQUIRING IMMEDIATE SHUTDOWN OF UNIT 1 PENDING COMPLETION OF TESTS AND INSPECTIONS OF PRESSURE VESSEL, PUBLIC DISCLOSURE OF RESULTS, PUBLIC HEARING, AND DETERMINATION BY THE COMMISSION THAT UNIT 1 CAN SAFELY RESUME OPERATION Petitioners San Luis Obispo Mothers for Peace and Friends of the Earth hereby reply to the oppositions by Pacific Gas and Electric Co. (PG&E) and the U.S. Nuclear Regulatory Commission (NRC) Staff to Petitioners Request for Emergency Order Requiring Immediate Shutdown of Unit 1, Etc. (Sept. 14, 2023).1 In an attempt to derail consideration of an emergency matter that poses an immediate and extreme public safety risk, PG&E and the Staff frame Petitioners Request as improper and subject to a separate track reserved for routine NRC proceedings and enforcement petitions.2 But Respondents have entirely missed the point of Petitioners Request for Emergency Action, which is to open a new proceeding, not yet in existence, for extraordinary discretionary relief owing to extraordinary circumstances and not available under the NRCs ordinary 1 Pacific Gas and Electric Company Response to the Request of San Luis Obispo Mothers for Peace and Friends of the Earth for an Emergency Order, Etc. (Sept. 25, 2023) (PG&Es Response); NRC Staff Answer to San Luis Obispo Mothers for Peace and Friends of the Earth Request for Emergency Order Requiring Immediate Shutdown (Sept. 25, 2023) (NRC Staff Response).

2 PG&E Response at 9 (citing 10 C.F.R. § 2.232) and 8 (citing Entergy Nuclear Operations, Inc.

(Indian Point, Units 2 & 3), CLI-11-14, 74 N.R.C. 801, 813 n.67 (2011) (Indian Point)); NRC Staff Response at 2-4 (citing 10 C.F.R. § 2.206).

2 enforcement regulations and processes. While PG&E may be correct that the Commission ordinarily does not entertain such requests for extraordinary relief, in extraordinary circumstances such as those present in this case the Commission has granted such relief. As the Commission recognized in Indian Point, circumstances may be sufficiently compelling to merit an exercise of our inherent supervisory authority.3 The exigent circumstances at play here beg for emergency use of the Commissions authority. For decades, PG&E has delayed mandated testing and monitoring for integrity of the Diablo Canyon Unit 1 pressure vessel and the Staff have failed to enforce the monitoring and testing required by NRC regulations. What is more, these parties also blatantly disregarded the last test results - from twenty years ago - showing serious indications of an unacceptable degree of embrittlement in this vital safety component.4 Thus, Petitioners respectfully submit that the circumstances raised by their Request for Emergency Action constitute extreme and compelling circumstances for which NRC procedural regulations pose no barrier to the granting of the relief sought by Petitioners. Given these exigent circumstances, their Request for Emergency Action is valid and lawfully placed before the Commissioners.

3 Indian Point, 74 N.R.C. at 813 n.67 (2011) (cited by PG&E at page 8 n.28).

4 It is also noteworthy that neither PG&E nor the Staff has presented any expert opinion or other evidence in response to the substantial and detailed technical analysis by Petitioners expert, Dr.

Digby Macdonald, in support of his conclusion that the risk of embrittlement of the Unit 1 pressure vessel is unacceptably great and therefore warrants immediate shutdown.

3 Respectfully submitted,

__/signed electronically by/___

Diane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.

1725 DeSales Street N.W., Suite 500 Washington, D.C. 20036 240-393-9285 dcurran@harmoncurran.com Counsel to San Luis Obispo Mothers for Peace

__/signed electronically by/___

Hallie Templeton Friends of the Earth 1101 15th Street, 11th Floor Washington, DC 20005 434-326-4647 htempleton@foe.org Counsel to Friends of the Earth September 29, 2023 CERTIFICATE OF COUNSEL PURSUANT TO 10 C.F.R. § 2.323 Petitioners do not believe 10 C.F.R. § 2.323 applies to their Reply because they seek extraordinary discretionary action by the Commission not covered by NRC procedural regulations; and in any event, because no proceeding has commenced. Nevertheless, in an abundance of caution, Petitioners have consulted counsel for PG&E and the NRC Staff in a sincere attempt to resolve the concerns raised by this Reply. Counsel for the NRC Staff stated that the Staff would not object to a motion for leave to reply. Counsel for PG&E stated PG&E objects to San Luis Obispo Mothers for Peace and Friends of the Earth request to file a Reply and will respond to the Motion within the applicable time limits.

__/signed electronically by/___

Diane Curran

4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the matter of Pacific Gas and Electric Company Docket No. 50-275 Diablo Canyon Nuclear Power Plant, Unit 1 CERTIFICATE OF SERVICE I certify that on September 29, 2023, I posted on the NRCs Electronic Information Exchange the foregoing document:

REPLY BY SAN LUIS OBISPO MOTHERS FOR PEACE AND FRIENDS OF THE EARTH TO OPPOSITIONS TO REQUEST FOR EMERGENCY ORDER REQUIRING IMMEDIATE SHUTDOWN OF UNIT 1 PENDING COMPLETION OF TESTS AND INSPECTIONS OF PRESSURE VESSEL, PUBLIC DISCLOSURE OF RESULTS, PUBLIC HEARING, AND DETERMINATION BY THE COMMISSION THAT UNIT 1 CAN SAFELY RESUME OPERATION.

__/signed electronically by/___

Diane Curran