ML20063P306

Forwards San Luis Obispo County Board of Supervisors 820927 Action Approving San Luis Obispo County Nuclear Power Plant Emergency Response Plan & State of CA Senate Bill 1473 Amending Govt Code.Certificate of Svc Encl

ML20063P306
Person / Time
Site:	Diablo Canyon
Issue date:	10/06/1982
From:	Crane P PACIFIC GAS & ELECTRIC CO.
To:	Buck J, Johnson W, Moore T NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 8210130272
Download: ML20063P306 (6)

Text

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, i C) b DOCKETE(I USHRC PACIFIC GAS AND EIaE C T RIC C O M PANY E (415) 7814211 77 BEALE STREET, S AN FR ANCISCO, C ALIFOR 9 P.O. BOX 7442, S AN FR ANCISCO, C ALIFORNI A 94120 QTT LC' P, E R (415) 543 7813 GFFICE CF SECRGAv. .

DOCKETING & s5pyrc7 BRANCH October 6, 1982 Dr. John II. Buck Nuclear Regulatory Commission 4350 East Uest Ilighway, Room E-534B Bethesda, MD 20814 Dr. W. Reed Johnson Nuclesr Regulatory Commission 4350 East West Ilighway, Room E-540 Bethesda, MD 20814 Mr. Thomas S. Moore Nuclear Regulatory Commission 4350 East West Ilighway, Room E-526 Bethesda, fiD 20814 Re: In the Matter of Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2), Docket Nos. 50-275 and 50-323

Dear Members of the Board:

The enclosed action of the San Luis Obispo County Board of Supervisors approving the San Luis Obispo County Nuclear Power Plant Emergency Response Plan on September 27, 1982, and Senate Bill 1473 amending Government Code Section 8G10.5 enacted September 10, 1982, are being provided to the Board and parties as items of information pertaining to issues pending before this Board.

Very truly yours, Philip A. Crane, Jr.

Enclosures

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( B210130272 821006 '

PDR ADOCK 05000275 1 lR __

i. PDR

UNITED STATES OF AMERICA

' NUCLEAR REGULATORY COMMISSION 4

In the Matter of )

)

PACIFIC GAS AND ELECTRIC COMPANY ) Docket No. 50-275

) Docket No.30-323 Diablo Canyon Nuclear Power Plant, )

Units 1 and 2 )

)

CERTIFICATE OF SERVICE The foregoing document (s) of Pacific Gas and Electric Company has (have) been served today on the following by deposit in the United States mail, properly stamped and addressed:

Judge John F. Wolf Mrs. Sandra A. Silver Chairman 1760 Alisal Street Atomic Safety and Licensing Board San Luis Obispo, California 93401 U. S. Nuclear Regulatory Commission i Washington, D. C. 20555 Mr. Gordon Silver 1760 Alisal Street Judge Glenn O. Bright San Luis Obispo, California 93401 Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission John Phillips, Esq.

l Washington, D. C. 20555 Joel Reynolds, Esq. ,

l Center for Law in the Public Interes't Judge Jerry R. Kline 10951 W. Pico Boulevard - Suite 300 Atomic Safety and Licensing Board Los Angeles, California 90064 l U. S. Nuclear Regulatory Commission l Washington, D. C. 20555 David F. Fleischaker, Esq.

l P. O. Box 1178 Mrs. Elizabeth Apfelberg Oklahoma City C/o Nancy Culver Oklahoma 73101 192 Luneta Drive San Luis Obispo, California 93401 Arthur C. Gehr, Esq.

Snell & Wilmer Janica E. Kerr, Esq. 3100 Valley Bank Center Public Utilities Commission Phcanix, Arizona 85073 of the State of California 5246 State Building Bruce Norton, Esq.

350 McAllister Street Norton, Burke, Berry & French, P.C.

San Francisco, California 94102 3216 N. Third Street Suite 300 Mrs. Raye Fleming Phoenix, Arizona 85012-2699 1920 Mattie Road Shell Beach, California 93449 Chairman Atomic Safety and Licensing Mr. Frederick Eissler Board Panel Scenic shoreline Preservation U. S. Nuclear Regulatory Commission Conference, Inc. Washington, D. C. 20555 4623 More Mesa Drive Santa Barbara, California 93105 .

m. = _ _ _ _ _ _ _ _ _ _ . _ _ : _ a- . = . 21. 1. . - - -

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Chairman Judge Thomas S. Moore Atomic Safety and Licensing Chairman Appeal Panel Atomic Safety and Licensing U. S.-Nuclear Regulatory Commission Appeal Board Washington, DC 20555 . U. S. Nuclear Regulatory Commission Washington, DC 20555 Secretary __

i U. S. Nuclear Regulatory Commission Judge W. Reed Johnson Washington, DC 20555 Atomic Safety and Licensing Appeal Board Attn: Docketing and Service Section U. S. Nuclear Regulatory Commission Washington, DC 20555 Bradley W. Jones, Esq.

Office of Executive Legal Director Judge John H. Buck BETH 042 Atomic Safety and Licensing U. S. Nuclear Regulatory Commission Appeal Board Washington, DC 20555 U. S. Nuclear Regulatory Commission Washington, DC 20555 Mr. Richard B. Hubbard MHB Technical Associates Commissioner Nunzio J. Palladino i 1723 Hamilton Avenue, Suite K Chairman San Jose, CA 95125 U. S. Nuclear Regulatory Commission 1717 H Street N.W.

Mr. Carl Neiberger Washington, DC 20555 j Telegram Tribune

Commissioner John F. Ahearne P. O. Box 112 San Luis Obispo, CA 93402 U. S. Nuclear Regulatory Commission 1717 H Street N.W.

Harbert H. Brown, Esq. Washington, DC 20555 Lawrence Coe Lanpher, Esq.

Christopher B. Hanback, Esq. Commissioner Victor Gilinsky Kirkpatrick, Lockhart, Hill, U. S. Nuclear Regulatory Commission Christopher & Phillips 1717 H Street N.W.

1900 M Street N.W. Washington, DC 20555 Washington, DC 20036 Commissioner James K. Asselstine Byron S. Georgiou, Esq. U. S. Nuclear Regulatory Commission

. Legal Affairs Secretary 1717 H Street N.W.

Governor's Office Washington, DC 20555 State Capitol Sacramento, CA 95814 Commissioner Thomas M. Roberts U. S. Nuclear Regulatory Commission 1717 H Street N.W.

Washington, DC 20555

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'PJili W. Crane,/Jr., Attorne'y for Pacific s and Electric Company Date: October 6, 1982 (

w, . . ..._ . . . _ . -. . , . _ . . _ _ . .

i . IN THE BOARD OF SUPERVISORS d, OOUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA

___ Mon._ day ____saatamb.ar_21____, is.a__

PRESENT: Supervisors Jerry Diefenderfer, Steve Mac Elvaine, Kurt P. Kupper, Jeff Jorgensen, and Chairman Howard D. !!ankins AB8ENT: None In the Matter of San Luis Obispo County Nuclear Power Plant Einergency Response Plan Matter of consideration of adoption of the San Luis Obispo County Nuclear Power Plant Emergency Response Plan is further presented. Tim Ness, Analyst, speaks on the matter. Mr. Grant and Miss West speak on the emergency broadcast system and the FCC rules; need for EBS equipment and need for additional training on the EBS, evacuation plan, schools and their SOP's, etc. Toxic spills and hazardous materials are addressed, shelter access and other items addressed. Thereafter, on motion of Supervisor Diefenderfer, seconded by Supervisor Mac Elvaine, and on the following roll call vote, to wit:

AYES: Supervisors Diefenderfer, Mac Elvaine, Chairman Hankins NOES: Supervisors Kupper, Jorgensen ABSENT: None the County Nuclear Power Plant Response Plan approved and staff directed to send copies to the State Office of Emergency Services and the Federal Emergency Management Agency for their final review.

cc: Administrative Office Tim Ness 9-30-82 des

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! STATE OF CALIFORNIA, '

( County of San Luis Obispo, f ***

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FRA,,NCIS M. COONEY

___, County Clerk and ex of5cio Clerk of % Board of Supervisors,in and for the County of San Luis Obispo, State of California, do

) e eartify the foremping to be a fall, true and corroet copy of an order made by the Board sa wrvisors, as the same appears spread upon their minute book.

ITNESS my hand sad the seal of said Board of Supervisora, aEzed this 30__ _ _ _

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, September g 82 l FRANCIS H. COONEY c =mr cm .wermsesar 4m,.i s c.u se n. n ,4 l

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Ch. 864 l Ch. 864

• :=== dana or Section 3331 or 2334,but wouki recognize their other each power plant.*Ihe Public Utdities Canenkian shall develop and transmit to the Office of Emergency Services an equitable method u

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.3 that local agencies and school detricts may costs. of assesang the utilities operateg the power plants for their

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svadable resnednes to seek reunbursement for L

", as an urgency statute. -_ * '. pro rata share of state agency costs. Each local agency (3) "Ihe bill would take e5ect ' involved shall submit a statement of its costs in such esanner as the 2, 4 Office of Emergency Services shall regure. Upon each utility's E ne poople arthe State o/Ca&/orrais do enact ar fo#ont t

.. y! notification by the Office of Emergency Services, freen time to time, of the amount ofits share of the actual or anticipated state and local i l'A I SECTION 1. Section 8810.5 of the Government Code is amended to read: agency costs, the utility shall pay such amount to the Controller for [

8610.5. W Office of Emergency Services,in consukation with deposit in the Nuclear Planning Asse====t Special Account, which g l is hereby created in the General Fund ar.d is continuously [

48 the State Er---- =t of Health Services and affected couetties, shall Investigate the consequences of a serious nuclear power plant appropnated to the Controller to carry out the m. = of this t.

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accident for each of the four nuelcar power plants in CalJornia with section.The Controller shall pay froen this account the state and local b a generating capacity of so megewetts or more. This study, to be - costs relative to out the provimons of this section upon the Office of Emergency Services. Each f:

i.:j ?4 completed within six months of the eKective date of this section,shall include the preparation of specific site maps showl g the areas likely certiacation thereof utdity operating a nuclear power plant shall, within one month of the

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la 1 to be asected by such an accident. 'Ibene maps shall delineate eHective date of this section, pay to the Controller for deposit into (

Emergency Planning 2 anes,which sballreflect ' ' '~- .iogestion, the Nuclear Planamg Assessment Special Account the sum of  !.

twenty-five thousand dollars (885,000) for each nuclear power plant .

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and other radiation pathways.

A similar study sher be mada by the office for any subsequent for the purpose of funding initial planning costs. Upon repeal of this f M nuclear power plant with a geners ' ' capacity of 50 megawatts or section, any amounts re==n==g in the special account shall be t-

.5 more for certification in refunded pro rata to the utdities contributing thereto. " .

[ ~i Ld "Ihe of Emergency Services shnu revise its Nuclear Power January 1,1983, the total annual reimbursesment of state and local 6-

!- j Plant Emergency Plan to reflect the infor==Han provuled costs frosn the utihties operating the nuclear plantswithin the {

'; in the study,"Ihe of Emergency Services shan assist local state pursuant to this section shall not the lesser of the actual [-

t authorities in preparing or upgradmg their emergency response costs or three 6 dred ti-ad doners (ainn ann) annually for state plans to reflect its new planning guidelines. The state plan shah be costs to be prorated utilitiesin to the nuocation of [

ed within six months after the study has been made. I. meal benefit toesch plant and lesser of actualcestsor one hundred t

.g thousand dollars ($100,000) per reactor unit annually for local costs. I sher be updated and approved by the Office of E.w.m. i

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~;1 Services in accordance with the following: (1) en initial draft plan The amounts paid by privately owned utibtnes under this section shall be eBowed for ratemeldag purposes by the Pnblic Utdities

'j i I sbau be =h=ated to the office within six months after the study has y

been =ada and (2) a final plant shall be completed, reviewed, and Casa-haa Pubbely owned pubbe utihtias may include amounts .-

i t ei' approved within 18 months after the e6setive date ci % section. paid under this section in their rates. *

- Neither the state plan nor any local plan shah become effective or This section shall remain in effect only untG January 1,19M, and '

be

_" untG approved by the Office of Emergency as of that date is repealed, unless a later enacted statute which is ,

2 Services of this state or the Federal Emergency Management chaptered on or before January 1,1988, deletes or extends that date.  :

3 Agency SEC.2. Notwithstanding Section 6 of Article XIllB of the ,

i 'Ihe current State Nuclear Power Plant Emergency Response Plan Cahfornia Constitution and Section 2331 or 2334 of the Revenue and ,

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shall continue in fun force and effect unless and until revised Taxation Code.no nppropriation is mede by this act for the purpose

,' i pursuant to this section. local plans shall remain in full force and of making ..__ ' -..c.t t to these sections. It is -

. effect unless and unta revised pursuant to this section. recognized, liowever, that a agency or school district may ,

- It is the intent of the Isgislature that state and local costs related pursue any remedies to obtain reimbursement available to it under to carrying out the provinans of this section which are not - Chapter 3 (commencing with Section 2301) of Part 4 of Division !

- reimbursed by federal funds shall be borne by the utility with of that code.

existing nuclear power plants having a generating capacity of 50 SEC. 3. 'Ihis act is an urgency statute necessary for the megawatts or more, and that local agencies shnu be reimbursed for in. mediate preservation of the public peace, health,or safety within .

their costs incurred in preparing or updating their plans for the the meaning of Article IV of the Constitution and shall go into ,

affected area surrounding such power plants by the utihty operating immediate effect. 'Ihe facts constituting the necesrity are: ,i.

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j . Ch. 884  ! In order to avoid an .in the Anancial napport of Senate Bal No.1473  ?

emergency services to protect health and safety in the

'[: event of a nuclear plant t,it is necessary that this act

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take i==adiate CHAl'TER 884 p .

I lch$ An act to amend Section 8810.5 of the Govern-ant Code, relating gly to emergencies, and declaring the urgency thereof, to take effect -

i ); immediately. '

I, [Appnmd by Covernor 9,19st F5ml whb

', f secreamer et sense atnestl  ;

,j i omr 47WE COUN5EI!5 DICErr

,  : SB I473, Mello. Emergencies: nuclear power plants.

z)l (I) Existing law provides for an initial assessment of 835,000 upon each operator of 4 nuclear plants within the state and such additional amounts for reim t of state and local costs, with

]e- an amount not to emceed SE,000,000 freen all operators for i

,, . ' _._ t of state costs arising out of preparations for nuclear

a power plant accidents. Under esisting law, neither the state plan nor any local plan deshng with the preparation for nuclear power plant i r; accidents, covered under these providana shau become effective or .

a' be implemented until it is submitted to the !@ture and is - '

, approved by statute. Esisting law repeals these provinons on January I 1,1983.

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'Ihis blu would delete the condition requiring that the state plan g I'

o oranylocalplan be submitted to the _ . forits approval,and, -

instead, provide that neither of these plans shall become effective or  :

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• be implemented until approved by the OfRee of E.w._ ,- )

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Services or a dadgn=*ed federal g. 'Ihe biu would ==b other

? 'I changes in these proviemne "Ihe DIII would clarify =ridine law by '

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changmg " operator" to " utility.** '

'Ihe bill also would change * .  ; January 1,1983, the j maximum maman=nant upon utilities operating nuclear power ,

within the state, as spectned, to an amount not to esceed the

• 2 i of the actual costs or 8300,000 annuaHy for state costs, to be prorated '

}- among the utiaties in proportion to the eBocation of benent to each plant and the lesser of the actual costs or $100,000 per reactor unit i annually for local costs.

'Ihe bill would extend the date to January I,1988. *

}r (2) Article Xill B of the Constitution and Sections 2231 }

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and 2334 of the Bevenue and Taxation Code require the state to ,

l ]' reimburse local agencies and school dastricts for certain costs i' mandated by the state. Other provinans require the L , ;...e..: of l Finance to review statutes disclaiming these costs and provide,in l certain cases, for smalring claims to the State Board of Control for i - ,

reimbursement.

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t This bill would provide that no appropriation is made by this act for the purpose of making . '

_..a..t pursuant to the h g es soo .- -

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