ML23272A195

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

ML23272A195
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: ML23272A195 (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

MOTION BY SAN LUIS OBISPO MOTHERS FOR PEACE AND FRIENDS OF THE EARTH FOR LEAVE TO REPLY 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 seek

leave to briefly 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 Petitioners wish to reply to

arguments by PG&E and the Staff that the Commission should not consider Petitioners Request

because it is improper for failure to follow procedures for routine NRC proceedings and enforcement petitions. 2 In their succinct two-page Reply, Petitioners seek to explain why the

NRCs ordinary enforcement regulations and processes do not apply to Petitioners request for

discretionary action by the Commission to address the significant safety risk posed by PG&Es

and the Staffs failure, over two decades, to comply with NRC requirements for maintaining the

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).

integrity of the Diablo Canyon Unit 1 pressure vessel. In light of the exigent safety concerns

presented by Petitioners, the extraordinary nature of their request for discretionary supervisory

review, and the fact that PG&E and the Staff would have the Commission refuse to consider

Petitioners Request on procedural grounds, Petitioners believe the record should include all

parties views on PG&Es and the Staffs arguments.

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 15 th Street, 11 th 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 this Motion for Leave to 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 addressed in their Reply. Counsel for the NRC Staff stated that the Staff does not object to this Motion. 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

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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:

MOTION BY SAN LUIS OBISPO MOTHERS FOR PEACE AND FRIENDS OF THE EARTH FOR LEAVE TO REPLY 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

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