ML20082S380

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Requests C Stokes Affidavit Be Circulated Immediately as Board Notification for Review by Board & All Parties,Staff Be Instructed to Provide Repts & Memos Re design-related Allegations & Timely Opportunity to Comment Be Provided
ML20082S380
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 12/09/1983
From: Reynolds J
CENTER FOR LAW IN THE PUBLIC INTEREST, JOINT INTERVENORS - DIABLO CANYON
To: Buck J, Johnson W, Moore T
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
ISSUANCES-OL, NUDOCS 8312140125
Download: ML20082S380 (2)


Text

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Thomas S. Moore, Chairman Dr. W. Reed Johnson Dr. John H. Buck Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: In the Matter of Pacific Gas and Electric Company -

(Diablo Canyon Nuclear Power Plant, Units 1 and 2), Nos. 50-2750L, 50-373OL Gentlemen:

On November 30, 1983, the Commission was served with an affidavit by Mr. Charles Stokes, a former engineer with the Diablo Canyon Project. In his affidavit, Mr. Stokes has apparently raised a number of questions about the engineering practices utilized by the Diablo Canyon Project in its reanalysis of the seismic design at Diablo Canyon, questions which go to the very heart of the design process. Although I am not fully familiar with those allegations, they indicate, if -

true, that the deficiencies in the design which led to reopening of the record and suspension of the license have simply been replaced by new deficiencies in the redesign.

Under the circumstances, I am surprised that the Staff has failed to provide the Stokes affidavit to this Board and all parties by Board Notification or other means, particularly in

, light of this Board's specific request to Staff counsel at the November hearing that prompt notification be made. If it is true that Mr. Stokes' affidavit. relates to any of the design issues under litigation, then we -- and pregumably the other parties as well -- will want at minimum an opportunity to comment and, if warranted, to address the matters on the record.

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' Atomic Safety & Licensing fj Appeal Board December 9, 1983  :"

Page Two In addition, I am informed that currently at the Diablo Canyon site is a Staff inspection task force, focusing on a ,

number of allegations about the design of Diablo Canyon.  ;

Because that review has obvious bearing on the issues under i litigation, I believe the Board and all parties should be timely i provided with copies of all reports -- interim or final -- i arising out of that inspection and that an opportunity to comment on the relevance of those findings and their adequacy should be provided to all parties.

Accordingly, by this letter (a copy of which is being sent to the Staf f) , I am hereby requesting (1) that the Stokes affidavit be circulated immediately as a Board Notification for review by the Board and all parties; (2) that the Staff be instructed by this Board to provide the Board and all parties with copies of all reports or memos -- interim or finel --

arising out of the current inspection of design-related allegations; and (3) that a timely opportunity to comment on the Stokes affidavit and the Staff inspection be provided to all parties.

Very truly ours, O

l J e' Reynolds

! Counsel to the Joint Intervenors JR:cc cc: Diablo Canyon Service List l -

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