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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARDCL-99-123, Comment on Prs 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Event Reporting Guidelines. Util Areas of Concern Includes ESF Actuations, Significantly Degraded Components & Historical Limitations1999-09-20020 September 1999 Comment on Prs 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Event Reporting Guidelines. Util Areas of Concern Includes ESF Actuations, Significantly Degraded Components & Historical Limitations ML20205N4081999-04-14014 April 1999 Comments Opposing Proposed Rules 10CFR2,19 & 20 Re Proposed Repository at Yucca Mountain.Requests Information on How Much Radiation Being Released Now at Diablo & Hanford NPPs ML20205N4601999-03-21021 March 1999 Introduces K Schumann as Representative of Nuclear Waste Committee (Nuwic) of San Lius Obispo County.Informs That Nuwic & Nuclear Waste Management Committee Concerned with Transportation of Spent Nuclear Fuel Rods from Dcnpp ML20195E8841998-11-24024 November 1998 Petition for Mod to OLs to Require Plant Owner to Have Independent Contractor Evaluate Plant Safety Culture ML20236T3011998-07-24024 July 1998 Order Prohibiting Involvement in NRC Licensed Avtivities (Effective Immediately).Lh Brooks Prohibited for 5 Yrs from Date of Order from Engaging in NRC Licensed Activities ML20248C2261998-05-22022 May 1998 Comment Opposing Revised Proposed Rule 10CFR50 Re Protection & Safety Sys ML20129J4191996-10-18018 October 1996 Order Approving Application Re Corporate Restructuring of Pacific Gas & Electric Company by Establishment of Holding Company DCL-95-206, Comment Supporting Petition for Rulemaking PRM-50-61 Re Improving Fire Protection Regulations1995-10-0606 October 1995 Comment Supporting Petition for Rulemaking PRM-50-61 Re Improving Fire Protection Regulations ML20091P8721995-08-23023 August 1995 Comment Opposing Petition for Rulemaking PRM-50-61 Re Nuclear Energy Institute Proposed Amends on Fire Safety for All NPPs DCL-95-001, Comment on Proposed Changes to Reactor Pressure Vessel Integrity Rule 10CFR50.Endorses NEI Comments1995-01-0303 January 1995 Comment on Proposed Changes to Reactor Pressure Vessel Integrity Rule 10CFR50.Endorses NEI Comments ML20077M7521994-12-30030 December 1994 Comment Opposing Proposed Rule 10CFR50 Re Shutdown & Low Power Operation for Nuclear Power Reactors DCL-94-270, Comment on Proposed Rules 10CFR2,51 & 54 Re Rulemaking for NPP License Renewal.Endorses Comments & Changes Proposed by NEI 941208 Submittal1994-12-0808 December 1994 Comment on Proposed Rules 10CFR2,51 & 54 Re Rulemaking for NPP License Renewal.Endorses Comments & Changes Proposed by NEI 941208 Submittal ML20149H0851994-11-0404 November 1994 Initial Decision (Construction Period Recovery/Recapture).* Renewed Motion to Reopen Record 940808,denied.Served on 941104.W/Certificate of Svc ML20072L2651994-08-23023 August 1994 PG&E Opposition to San Luis Obispo Mothers for Peace Renewed Motion to Reopen Record.* Util Opposes San Luis Obispo for Peace Motion Based on Affidavit Stating No Evidence Found in Motion Re Flaw in Program.W/Certificate of Svc ML20072F0291994-08-12012 August 1994 Erratum to San Luis Obispo Mothers for Peace Motion to Reopen Record.* Intervenors Corrects Error in Renewed Motion to Reopen Record Re Application for License Amend to Extend Term of Operating License for Plant.W/Certificate of Svc ML20072B2651994-08-0909 August 1994 Comment Supporting Proposed Rule 10CFR26 Re FFD Requirements Concerning Random Drug Testing ML20072A5821994-08-0808 August 1994 San Luis Obispo Mothers for Peace Renewed Motion to Reopen Record Re PG&E Application for Amend to Extend Term of OL for Plant.* Motion to Reopen Record to Introduce Insp Rept Identifying Alleged Problems W/Plant.W/Certificate of Svc ML20071L2061994-07-26026 July 1994 Comment Supporting Proposed Rule 10CFR26 Re Changing Current Drug Testing Policies to Exclude All Personnel in nonsafety-related Positions ML20072B8481994-07-26026 July 1994 Comment Opposing Proposed Rule 10CFR26 Re Changes to FFD Requirements Concerning Random Drug Testing ML20071L1901994-07-20020 July 1994 Comments on Proposed Rule 10CFR26 Re Relaxing Rule on Drug Testing of Employees Working at NPP DCL-94-134, Comment Supporting Petition for Rulemaking PRM-50-60 Re Amend to 10CFR50.54 by Changing Frequency W/Which Each Licensee Conducts Independent Reviews of Emergency Preparedness Program1994-06-27027 June 1994 Comment Supporting Petition for Rulemaking PRM-50-60 Re Amend to 10CFR50.54 by Changing Frequency W/Which Each Licensee Conducts Independent Reviews of Emergency Preparedness Program DCL-94-135, Comment Supporting Petition for Rulemaking PRM-50-59 Re Proposed Amend to 10CFR50.54(p) Concerning Frequency W/Which Licensee Conducts Independent Reviews of Security Programs1994-06-27027 June 1994 Comment Supporting Petition for Rulemaking PRM-50-59 Re Proposed Amend to 10CFR50.54(p) Concerning Frequency W/Which Licensee Conducts Independent Reviews of Security Programs ML20064D1791994-03-0707 March 1994 Pacific Gas and Electric Co Reply in Opposition to San Luis Obispo Mothers for Peace Motion to Reopen Record.* Motion to Reopen Record Denied.W/Certificate of Svc ML20064D1961994-03-0404 March 1994 Affidavit of Mj Angus Re Motion to Reopen Record ML20063L5721994-02-25025 February 1994 San Luis Obispo Mothers for Peace Re Util Application for License Amend to Extend Term of Operating License for Plant.* Advises That Record of Proceeding Should Be Reopened to Consider Insp 93-36 Re Util Surveillance of Asw Sys DCL-94-021, Comment Supporting Petition for Rulemaking PRM-21-2 Re Commercial Grade Item Dedication Facilitation1994-01-26026 January 1994 Comment Supporting Petition for Rulemaking PRM-21-2 Re Commercial Grade Item Dedication Facilitation ML20059D2431994-01-0707 January 1994 Package of Intervenor Exhibits Consisting of Related Correspondence Not Admitted Into Evidence.Related Correspondence ML20062N0001993-12-30030 December 1993 PG&E Reply Findings of Fact & Conclusions of Law.* Mothers for Peace Proposed Findings & Conclusions Do Not Provide Any Supportable Rationale to Change Findings & Conclusions Previously Proposed by Pg&E.W/Certificate of Svc ML20058P3931993-12-22022 December 1993 NRC Staff Findings of Fact & Conclusions of Law in Form of Initial Decision.* Certificate of Svc ML20058K7491993-12-0202 December 1993 NRC Staff Motion for Extension of Time.* Board Has Extended Filing Time for Util Until 931230.W/Certificate of Svc. Served on 931206.Granted for Board on 931203 ML20058K8771993-12-0202 December 1993 NRC Staff Motion for Extension of Time.* Requests That Board Extend Date for Staff to File Findings Until 931222. W/Certificate of Svc ML20059M5291993-11-19019 November 1993 Applicant Exhibits A-21,A-22,A-24,A-25,A-26,A-29 & A-F1, Consisting of Related Correspondence Not Admitted Into Evidence.Related Correspondence ML20058E0741993-11-19019 November 1993 San Luis Obispo Mothers for Peace Proposed Findings of Fact & Conclusions of Law Re Licensee Application for License Amend to Extend Term of Operating License for Plant.* W/ Certificate of Svc ML20059E8931993-10-28028 October 1993 Memorandum & Order (Motion for Extension of Time).* San Luis Obispo Mothers for Peace 931018 Request for two-wk Extension of Time to File Proposed Findings of Fact & Conclusions of Law Granted.W/Certificate of Svc.Served on 931029 ML20059E8531993-10-27027 October 1993 NRC Staff Response to Board Memorandum & Order Re Extension of Time.* Staff Believes That San Luis Obispo Mothers for Peace Has Shown No Good Cause for Requesting Extension to File Proposed Findings of Fact.W/Certificate of Svc ML20059E8631993-10-25025 October 1993 Pacific Gas & Electric Co Response to Motion for Extension of Time.* Util Does Not Agree W/Board Assessment That Mothers for Peace Request Appears to Be Reasonable But Will Not Oppose Request.W/Certificate of Svc ML20059B2191993-10-19019 October 1993 Memorandum & Order (Responses to Motion for Extension of Time).* Board Believes Intervenor Request for Extension of Time to File Proposed Findings of Fact Appears Reasonable. W/Certificate of Svc.Served on 931019 ML20059B1071993-10-18018 October 1993 San Luis Obispo Mothers for Peace Motion for Extension of Time for Filing Proposing Findings of Fact & Conclusions of Law.* Requests Extension of Two Wks or Until 931119 to File Proposed Findings of Fact.W/Certificate of Svc ML20057D0531993-09-23023 September 1993 Notice of Appearance.* Notice Given That Undersigned Attorney Enters Appearance in Listed Matter & Listed Info Provided.W/Certificate of Svc ML20057B0401993-09-14014 September 1993 NRC Staff Reply to PG&E Response to Staff Motion to Amend Protective Order.* NRC Staff Moves Board to Adopt Language Requested in 930817 Motion as Stated.W/Certificate of Svc ML20056G4891993-08-30030 August 1993 Pacific Gas & Electric Co Response to Motion to Amend Protective Order.* Staff Asks That Protective Order Be Clarified by Adding New Footnote to Paragraph 3 of Order. W/Certificate of Svc ML20059M1381993-08-24024 August 1993 Staff Exhibit S-1,consisting of Re 920519 Enforcement Conference ML20059D2071993-08-24024 August 1993 Intervenor Exhibit I-MFP-193,consisting of Review of LER 1-90-015-00,re Docket 50-275,dtd 910118 ML20059D2241993-08-24024 August 1993 Intervenor Exhibit I-MFP-220,consisting of Protest of Util ML20059M8621993-08-24024 August 1993 Intervenor Exhibit I-MFP-35,consisting of Rept, Self- Evaluation of Diablo Canyon Power Plant, Dtd Jul 1993 IR 05000275/19920261993-08-24024 August 1993 Intervenor Exhibit I-MFP-118,consisting of Notice of Violation & Insp Rept Re Docket 50-275/92-26 & 50-323/93-26,dtd 921113 ML20059D0841993-08-24024 August 1993 Intervenor Exhibit I-MFP-139,consisting of Insp Rept Re Dockets 50-275 & 50-323,dtd 920417 IR 05000275/19920131993-08-24024 August 1993 Intervenor Exhibit I-MFP-140,consisting of 920416,mgt Meeting Repts 50-275/92-13 & 50-323/92-13 IR 05000275/19910061993-08-24024 August 1993 Intervenor Exhibit I-MFP-71,consisting of Rept of EC W/Util Mgt,Re Rept Numbers 50-275/91-06 & 50-323/91-06,dtd 910411 IR 05000275/19930111993-08-24024 August 1993 Intervenor Exhibit I-MFP-26,consisting of Re Insp Repts 50-275/93-11 & 50-323/93-11 1999-09-20
[Table view] Category:PLEADINGS
MONTHYEARML20195E8841998-11-24024 November 1998 Petition for Mod to OLs to Require Plant Owner to Have Independent Contractor Evaluate Plant Safety Culture ML20072L2651994-08-23023 August 1994 PG&E Opposition to San Luis Obispo Mothers for Peace Renewed Motion to Reopen Record.* Util Opposes San Luis Obispo for Peace Motion Based on Affidavit Stating No Evidence Found in Motion Re Flaw in Program.W/Certificate of Svc ML20072F0291994-08-12012 August 1994 Erratum to San Luis Obispo Mothers for Peace Motion to Reopen Record.* Intervenors Corrects Error in Renewed Motion to Reopen Record Re Application for License Amend to Extend Term of Operating License for Plant.W/Certificate of Svc ML20072A5821994-08-0808 August 1994 San Luis Obispo Mothers for Peace Renewed Motion to Reopen Record Re PG&E Application for Amend to Extend Term of OL for Plant.* Motion to Reopen Record to Introduce Insp Rept Identifying Alleged Problems W/Plant.W/Certificate of Svc ML20064D1791994-03-0707 March 1994 Pacific Gas and Electric Co Reply in Opposition to San Luis Obispo Mothers for Peace Motion to Reopen Record.* Motion to Reopen Record Denied.W/Certificate of Svc ML20063L5721994-02-25025 February 1994 San Luis Obispo Mothers for Peace Re Util Application for License Amend to Extend Term of Operating License for Plant.* Advises That Record of Proceeding Should Be Reopened to Consider Insp 93-36 Re Util Surveillance of Asw Sys ML20058K7491993-12-0202 December 1993 NRC Staff Motion for Extension of Time.* Board Has Extended Filing Time for Util Until 931230.W/Certificate of Svc. Served on 931206.Granted for Board on 931203 ML20058K8771993-12-0202 December 1993 NRC Staff Motion for Extension of Time.* Requests That Board Extend Date for Staff to File Findings Until 931222. W/Certificate of Svc ML20059E8531993-10-27027 October 1993 NRC Staff Response to Board Memorandum & Order Re Extension of Time.* Staff Believes That San Luis Obispo Mothers for Peace Has Shown No Good Cause for Requesting Extension to File Proposed Findings of Fact.W/Certificate of Svc ML20059E8631993-10-25025 October 1993 Pacific Gas & Electric Co Response to Motion for Extension of Time.* Util Does Not Agree W/Board Assessment That Mothers for Peace Request Appears to Be Reasonable But Will Not Oppose Request.W/Certificate of Svc ML20059B1071993-10-18018 October 1993 San Luis Obispo Mothers for Peace Motion for Extension of Time for Filing Proposing Findings of Fact & Conclusions of Law.* Requests Extension of Two Wks or Until 931119 to File Proposed Findings of Fact.W/Certificate of Svc ML20057B0401993-09-14014 September 1993 NRC Staff Reply to PG&E Response to Staff Motion to Amend Protective Order.* NRC Staff Moves Board to Adopt Language Requested in 930817 Motion as Stated.W/Certificate of Svc ML20056G4891993-08-30030 August 1993 Pacific Gas & Electric Co Response to Motion to Amend Protective Order.* Staff Asks That Protective Order Be Clarified by Adding New Footnote to Paragraph 3 of Order. W/Certificate of Svc ML20056E8951993-08-17017 August 1993 Motion to Amend Protective Order (Governing non-disclosure of INPO Rept).* NRC Moves That Board Add Footnote to Paragraph 3.Certificate of Svc Encl ML20056E8021993-08-12012 August 1993 NRC Staff Opposition to San Luis Obispo Mothers for Peace Leave to Conduct Discovery on NRC Inquiry Into Allegations Re Pressure to Falsify Fire Watch Logs Motion for Postponement of Hearing....* W/Certificate of Svc ML20056E7371993-08-12012 August 1993 PG&E Response to San Luis Obispo Mothers for Peace Motion for Further Discovery & for Delay in Hearing Thermo-Lag Contention.* W/Certificate of Svc ML20046D1091993-08-11011 August 1993 San Luis Obispo Mothers for Peace Request for Leave to Conduct Discovery on NRC Inquiry Into Allegations Re Pressure to Falsify Fire Watch Logs,Motion for Postponement of Hearing on thermo-lag Contention.* ML20046B9531993-07-22022 July 1993 Pacific Gas & Electric Co Motion to Require cross-exam Plans.* Requests That Board Require cross-examination Plans from Parties That Intend to Conduct cross-examination. W/Certificate of Svc ML20046B9181993-07-22022 July 1993 PG&E Request to Defer Briefing Schedule on Ref Ruling Re INPO Documents.* Board Erred as Matter of Law in Ordering Release of INPO Evaluation & Ref Ruling Should Be Reversed by Commission.* W/Certificate of Svc ML20056C8721993-07-16016 July 1993 Pacific Gas & Electric Co Response to 930701 Motion to Compel.* Concludes That Motion to Compel Moot & Should Be Denied.W/Certificate of Svc ML20045G9691993-07-0202 July 1993 PG&E Response to Licensing Board Questions Re INPO Documents.* ML20045G9561993-07-0101 July 1993 Intervenor San Luis Obispo Mothers for Peace Motion to Compel PG&E to Respond to Third Set of Supplemental Interrogatories & Requests for Document Production,Filed by San Luis Obispo Mothers for Peace.* W/Certificate of Svc ML20045G9431993-07-0101 July 1993 Intervenor San Luis Obispo Mothers for Peace (Slomfp) Response to Prehearing Conference Order Re INPO Documents.* Slomfp Cannot Provide Info by Affidavit Due to Lack of Info Re Content of INPO Documents.W/Certificate of Svc ML20045D7341993-06-21021 June 1993 Pge Motion for Schedule Change.* Util Moves That Licensing Board Adopt Listed Revised Schedule.W/Certificate of Svc ML20128P1821993-02-12012 February 1993 PG&E Preliminary Response to Discovery Request Filed Per 10CFR2.741(a)(2) & Motion for Protective Order.* Util Agrees to & Will Support Reasonable Discovery Into Issues within Scope of Contentions Admitted by Aslb.W/Certificate of Svc ML20128D8661993-02-0303 February 1993 Intervenor San Luis Obispo Mothers for Peace Request to PG&E for Entry Upon Facility,Per 10CFR2.741(a)(2) for Purposes of Insp,Measuring & Photographing.* W/Certificate of Svc.Related Correspondence ML20127D5461992-09-0808 September 1992 NRC Staff Response to San Luis Obispo Mothers for Peace Ltr Request for Hearing.* Presiding Officer Should Defer Ruling on Standing Pending Receipt of Any Amend Petitioners May File.W/Certificate of Svc & Notice of Appearance ML20006D7721990-02-0808 February 1990 PG&E Response in Opposition to Application for Stay.* Stay of Random Drug Testing Under NRC Fitness for Duty Rule Should Be Denied on Basis of Untimeliness & Challenge Having No Merit.W/Proof of Svc ML20247Q1531989-07-24024 July 1989 Sierra Club Request to Withdraw Contentions.* Requests That All Outstanding Contentions in Current Proceedings Be Withdrawn W/Understanding That Further Discussion Will Occur Between Sierra Club & NRC Re Nepa.W/Certificate of Svc ML20154E4281988-05-11011 May 1988 Motion to Terminate Proceeding.* Requests Termination of Pending Proceedings on Grounds of Mootness.Supporting Documentation & Certificate of Svc Encl ML20148L9531988-03-31031 March 1988 Response to NRC Staff to Petition for Leave to Intervene Filed by San Luis Obispo Mothers for Peace.* Notice of Appearance & Certificate of Svc Encl ML20148L9301988-03-29029 March 1988 Answer of PG&E to Petition to Intervene in License Amend Proceedings of San Luis Obispo Mothers for Peace.* San Luis Obispo Mothers for Peace Failed to Satisfy Technical Standing Requirements of 10CFR2.714.W/Certificate of Svc ML20237E5071987-12-15015 December 1987 Motion for Leave to File Response of NRC Staff to Appeal of Sierra Club from ASLB Memorandum & Order of 870902 & Initial Decision of 870911,1 Day Late.* W/Certificate of Svc ML20237E6891987-12-15015 December 1987 Motion for Leave to File Response of NRC Staff to Appeal of Sierra Club from Licensing Board Memorandum & Order of 870902 & Initial Decision of 870911,1 Day Late.* Motion Should Be Granted.Certificate of Svc Encl ML20237E8191987-12-11011 December 1987 Response of NRC Staff to Appeal of Sierra Club from Licensing Board Memorandum & Order of 870902 & Initial Decision of 870911.* Staff Opposes Sierra Club Appeal & Urges That Board Decisions Be Affirmed.W/Certificate of Svc ML20236E0031987-10-21021 October 1987 PG&E Answer in Opposition to Sierra Club Request for Stay.* Util Lists Four Arguments Opposing Request for Stay,Issued by ASLB on 870911,re Util Amends to Increase Spent Fuel Storage Capacity.Affidavit & Certificate of Svc Encl ML20236C1831987-10-20020 October 1987 Intervenor Request for Stay.* Sierra Club Requests NRC to Stay Effectiveness of 870902 Order & 870911 Initial Decision of Licensing Board Until Sierra Club Has Had Opportunity to Participate in Proceeding Re Reracking.W/Proof of Svc ML20235T4071987-10-0505 October 1987 Response of NRC Staff to Intervenor Sierra Club Request for Stay.* Sierra Club Failed to Satisfy Requirements of 10CFR2.788 & Request for Stay Should Be Denied.W/Certificate of Svc ML20235R9611987-10-0202 October 1987 PG&E Answer in Opposition to Sierra Club Request for Stay.* Sierra Club 870924 Request for Stay of 870911 ASLB Initial Decision (LBP-87-25) Authorizing Spent Fuel Pool Reracking Amends Should Be Denied ML20235F2951987-09-24024 September 1987 Intevenors Request for Stay.* Seeks Stay of ASLB 870911 Initial Decision Authorizing NRR to Issue OL Amends, Permitting Reracking of Spent Fuel Storage Pools.W/Proof of Svc ML20234D3021987-09-16016 September 1987 Sierra Club Brief in Support of Appeal of ASLB 870902 Order.* Contention Contains Requisite Specificity to Be Admitted to Proceeding.Criteria for late-filed Contention Met.Proof of Svc Encl ML20238A5771987-08-14014 August 1987 Supplemental Brief Re Applicability of ALAB-869 to Inclusion of Zircalloy Cladding Fire Contention.* Sierra Club Believes Focus for Admission of Contentions Must Be Requirements of Atomic Energy Act & Nepa.Proof of Svc Encl ML20238A6521987-08-14014 August 1987 PG&E Supplemental Answer in Opposition to Intervenor Motion to Admit Late Filed Contention.* Sierra Club Motion to Admit Late Filed Contention & Direct Preparation of EIS Should Be Denied.Certificate of Svc Encl ML20238A6001987-08-13013 August 1987 Response of NRC Staff to ASLB Order of 870731 (Directing Parties to File Comments on Applicability of Aslab Decision in Vermont Yankee Nuclear Power Corp,ALAB-869,to Proposed Contentions at Issue in Matter).* Certificate of Svc Encl ML20236B8541987-07-21021 July 1987 Motion on Notification of Meetings,Establishment of Seismic Review Committee & Govt Exam of Design Calculations.* Motion Undated ML20235J1541987-07-10010 July 1987 PG&E Answer in Opposition to Intervenor Motion to Admit late-filed Contention.* Board Requested to Direct NRC Staff to Prepare EIS Re Issues Discussed in Generic Issue 82. Certificate of Svc Encl ML20235J1791987-07-10010 July 1987 NRC Staff Answer to Sierra Club Motion to Admit Contention Re Generic Issue 82 & to Direct Preparation of an Eis.* Denial Urged.Certificate of Svc Encl ML20216J7911987-06-29029 June 1987 Motion to Include Issues Raised in Generic Issue 82 as Contentions in Proceeding & to Direct Preparation of Eis.* Board Requested to Direct Preparation of EIS Re Possibility & Impact of Zircalloy Cladding Fires ML20214A9391987-05-13013 May 1987 NRC Staff Comments on Proposed Order Re Electronic Storage & Retrieval.* ASLB Proposed Order Should Not Be Adopted.If ASLB Agrees,Staff & Parties Could Supply ASLB w/MS-DOS Disks of Prefiled Testimony.Certificate of Svc Encl ML20207P7081987-01-15015 January 1987 NRC Staff Answer in Opposition to Sierra Club/Mothers for Peace Motion for Summary Disposition.* Motion Devoid of Any Factual Support Which Warrants Granting of Summary Disposition Re Environ Claims.W/Certificate of Svc 1998-11-24
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Sv72 '
00CXETE0 USNEC 1 UNITED STATES OF AMERICA -
NUCLEAR REGULATORY COMMISSION *88 APR -1 P3 :55 BEFORE THE ATOMIC SAFETY AND LICENSING.-ROARD y.
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3 gggh; ;,g; ,q , ,' ,
ShA W 4 In the Matter of )
) Docket No. 50-275 - O d A 5 PACIFIC GAS AND ELECTRIC COMPANY )
) Facility License DPR-80 6 ) (License Amendment)
(Diablo Canyon Nuclear Power Plant,)
7 Unit No. 1) )
)
8 9 ANSWER OF PACIFIC GAS AND ELECTRIC COMPANY TO PETITION TO INTERVENE IN LICENSE AMENDMENT 10 PROCEEDINGS OF THE SAN LUIS OBISPO MOTHERS FOR PEACE 11 I. INTRODUCTION 12 13 Pacific Gas and Electric Company ( " PG & E" ) is the owner and operator of the Diablo Canyon Nuclear Power Plant Unit 1 located approximately 12 miles southwest of San Luis Obispo, California, Unit 1 is a 1,084 Mwe Westinghouse pressurized water reactor.1 On October 21, 1987, pursuant 19 I
20 Unit i received a full-power license on November 2, 2984. That license contained several conditions, one of 21 which required PG&E to conduct a Seismic Design Bases Reevaluation Program and file a Final Report with the NRC 22 three years following approval of the program by the NRC staff. PG&E submitted its program plan for the so-called 23 Long Term Seismic Program (LTSP) in January 1985 which was approved by the NRC staff on July 31, 1985. Accordingly, 24 the Final Report was required to be filed by July 31, 1988 (DPR-80, Section 2.c. (7) ) . Since the Unit 2 Operating 25 License did not contain a similar provision, this license amendment request pertains only to Unit 1.
8804050041 880329 . +j PDR ADOCK 0500 ,
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t 1 to 10 C.F.R. S 2.104, the NRC published in the Federal 2 Register a "Notice of Consideration of Amendment to Facility ,
3 License and Proposed No Signiricant Hazards Consideration
'4 and Opportunity for Hearing," 52 Fed. Reg. 39296, 39304.
5 The proposed amendment would revise License 6 Condition 2.c. (7) of the Unit 1 License, DPR-80, to allow 7 submittal of the Long-Term Seismic Program ("LTSP") final 8 report by July 31, 1989, rather than July 31, 1988.
9 Pursuant to that notice the Sierra Club - Santa 10 Lucia Chapter, San Luis Obispo Mothers for Peace ("SLOMFP")
2 11 and Mothers for Peace sent letters to the Commission 12 responding to the Federal Register notice. In its 13 Memorandum and Order of March 1, 1988, granting PG&E and the '
14 NRC staff the opportunity to file answers to the Petition of 15 SLOMFP, the Board noted that its examination of the Sierra 16 Club filing convinced it that the Club merely wished to 17 submit comments on the proposed amendment and did not >
18 request a hearing or petition to intervene. Accordingly, 19 20 21 2 The two documents from the San Luis Obispo Mothers for Peace and the Mothers for Peace (November 20, 1987, and i 22 November 21, 1987) appear to be from the same organization. .
3
! 23 Both letters refer to the Mothers for Peace as "intervenors" in the licensing process since 1973 which ,
24 would appear to confirm this conclusion. In its Order of
, March 11, 1988, the Board also concluded that the two 25 letters were separate communications from the San Luis
- Obispo Mothers for Peace.
I 26 4 '
O '
1 the Board only sought an answer with regard to the filings 2 of sLogyp.
3 II. DISCUSSION 4 A. Petitioner Must Meet the Requirements of 10 C.F.R. S 2.714 Section 189a of the Atomic Energy Act of 1954, as amended, 42 U.S.C. S 2239 (a) , provides that:
In any proceeding under (the] Act, for 8 the granting, suspending, revoking, or amending of any license . . . the 9 Commission shall grant a hearing upon the request of any person whose interest 10 may be affected by the proceeding, and shall admit any such person as a party 11 to such proceeding.
12 Section 2.714 (a) (2) of the Commission's Rules of Practice 13 requires that a petition to intervene in a Commission 14 proceeding set forth with particularity:
15 o the inte-est of the petitioner in the proceeding; o how that interest may be affected by the 17 results of the proceeding; and 18 o the specific aspect or aspects of the subject matter of the proceeding as to 19 which petitioner wishes to intervene.
20 In order for intervention to be granted, the Atomic Safety 21 and Licensing Board designated to rule on petitions to i 22 intervene and/or requests for hearing must find that the 23 petition satisfies these standards.
24 In determining whether the requisite interest 25 prescribed by both Section 189a of the Atomic Energy Act and 26 s
)
1 1 Section 2.714 of the Commission's Rules of Practice is 2 shown, contemporaneous judicial concepts of standing are 3 controlling. Portland General Electric Co. (Pebble Springs 4 Nuclear Plant, Units 1 and 2), CLI-76-27, 4 NRC 610, 613-14 5 (1976). Thus, there must be a showing (1) that the action
\
6 being challenged could cause "injury-in-fact" to the person 4
7 seeking to intervene and (2) that such injury is arguably 8 within the "zone of interests" protected by the Atomic 9 Energy Act $ and the National Environmental Policy Act.6 Id.
10 See also Warth v. Seldin, 422 U.S. 490 (1975); Sierra Club 11 v. Morton, 405 U.S. 727 (1972); Association of Data Process-12 ing Service Organizations, Inc. v. Camp, 397 U.S. 150, 153 13 (1970). Close proximity of a petitioner's residence, 14 standing alone, is sufficient to satisfy the interest 15 requirements. Virginia Electric and Power Company (North 16 Anna Nuclear Power Station, Units 1 and 2) , ALAB-522, 9 NRC 17 54, 56 (1979).
18 19 4"Abstract concerns" or a "mere academic interest" in 20 the matter which are not accompaniad by some real impact on a petitioner will not confer standing. Pebble Springs, 21 CLI-76-27, supra, 4 NRC at 613. Rather the asserted harm must have some particular effect on a petitioner, and a 22 petitioner must have some direct stake in the outcome of the proceeding. See Allied-General Nuclear Services, et al.
23 (Barnwell Fuel Receiving and Storage Station) , ALAB-328, 3 NRC 420, 422 (1976).
5 42 U.S.C. S 2011 et seq.
6 42 U.S.C. S 4321 et seq.
1 While an organization may gain standing to inter-2 vene based on injury to itself, Edlow International Company, 3 CLI-76-6, 3 NRC 563, 572-74 (1976), it must establish that 4 .it will be injured and that the injury is not a generalized 5 grievance shared in substantially equal measure by all or a 6 large class of citizens. Transnuclear, Inc., CLI-77-24, 7 6 NRC 525, 531 (1977). On the other hand, an organization 8 may establish standing through members of the organization 9 who have an interest which may be affected by the outcome of 10 the proceeding. Public Service Co. of Indiana, Inc. (marble 11 Hill Nuclear Generating Station, units 1 and 2), ALAB-322, 12 3 NRC 328, 330 (1976). When an organization claims that its 13 standing is based on the interests of its members, the 14 organization must identify one or more individual members 15 (by name and address) whose interests may be affected and 16 give some concrete indication that such members have au-17 thorized the organization to represent their interests in 18 the proceeding. Houston Lighting and Power Company (Allens 19 Creek Nuclear Generating Station, Unit 1) , ALAB-535, 9 NRC 20 377, 393-97 (1979); Virginia Electric and Power Company 21 (North Anna Nuclear Power Station, Units 1 and 2), ALAB 536, 22 9 NRC 402, 404 (1979); Duquesne Light Company, et al.
t 23 (Beaver Valley Power Station, Unit No. 1) , ALAB-109, 6 AEC 24 243, 244 at n.2 (1973). Specific representational au-
- 25 thorization of a member with personal standing is not 26 required where the sole or primary purpose of the 1
t
~
1 petitioning organization is to oppose nuclear power in i
2 general or the particular facility at bar. Allens' Creek, 3 ALAB-535, supra, at 396.7 ;
4 In addition to demonstrating "interest," a peti-5 tioner must set forth "the specific aspect or aspects of the 6 subject matter of the proceeding as to which petitioner 7 wishes to intervene." 10 C.F.R. S 2. 714 (a) (2) .8 Petitioner 8 may satisfy this requirement by identifying general 9 potential effects of the licensing action or areas of 10 concern which are within the scope of matters that may be 11 considered in the proceeding. See Virginia Electric and 12 Power Company, (North Anna Power Station, Units 1 and 2) ,
13 ALAB-146, 6 AEC 631, 633-634 (1973). f I
14 15 16 I
Further, under Section 2.713 of the Commission's Rules 17 of Practice, a "partnership, corporation or unincorporated association may be represented by a duly authorized member 18 or officer, or by an attorney-at-law." 10 C.F.R. S 2.713(b) '
(emphasis added) . Thus, where an organization is 19 represented by one of its members, the member must demonstrate authorization by that organization to represent 20 it. It is clear that groups may not represent persons other than their own members, and individuals may not assert the 21 interest of other persons. Long Island Lighting Co.
(Shoreham Nuclear Power Station, Unit 1) , LBP-77-ll, 5 NRC 22 481, 438 (1977).
I 23 8 In this connection, an "aspect" is generally considered to embrace a broader concept than a "contention" 24 but at the same time have a narrower focus than a mere general reference to the NRC's organic statutes. Consumers 25 Power Co. (Midland Plants, Units 1 and 2) LBP-78-2'?; 8 NRC
, 275,278 (1978). ,
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v 1 B. Petition of San Luis Obispo Mothers for Peace 2 The San Luis Obispo Mothers for Peace ("SLOMFP")
3 has petitioned Tor leave to intervene in this license 4 amendment proceeding. SLOMFP's "petition" to intervene 5 consists of letters from Edie Clark (November 20, 1987) and 6 Sandra A. Silver (November 21, 1987_and February 7, 1988) 7 asserting that it has participated as an intervenor in the 8 Diablo Canyon licensing process since 1973 and that various 9 of its members live within 12 miles of the plant. However, 10 these documents, as such, do not demonstrate standing of the 11 organization through its members because they do not 12 indicate the local addresses of any individual members of 13 the organization nor do they establish that SLOMFP has 14 authorized these individuals to act on benalf of the 15 organization. Mere assertions that a petitioner's members 16 live near a facility are not sufficiently particularized to 17 predicate a finding of standing. See Public Service Company 18 of Oklahoma (Black Fox Station, Units 1 and 2) . ALAB-397, 5 19 NRC 1143, 1150 (1977). Moreover, the generalized assertions 20 in the two documents do not predicate any injury sufficient 21 to satisfy the criteria for establishing the interest and 22 standing of the organization that these individuals purport 23 to represent. Transnuclear, Inc., supra, at 531; consumers 24 Power, supra, at 277, 280. Presumably, though, SLOMFP can 25 identify at least one of its members by name and address who 26 jo !
1 resides within the proximity of the plant and who has i 2 authorized the filing of a petition. Assuming that this 3 information is provided, SLOMFP could establish its claim of 4 derivative standing.
s 5 C. Specific Aspects of the Subject Matter of This Proceeding
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As noted above, in addition to meeting the stand-7 ,
ing and interest requirements of 10 C.F.R. S 2.714, SLOMFP 8 i must also "set forth with particularly...the specific aspect 9 ;
or aspects of the subject matter of the proceeding as to 10 which [it) wishes to intervene." 10 C.F.R. S 2.714 (a) (2). t i 11 Arguably, SLOMFP has set forth one "aspect" to ;
support its petition. Briefly, SLOMFP appears to question
- 13 the need for a one-year extension asserting that PG&E does 3 1
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not need any additional time to prepare its prudency case 15 now pending before the California Public Utility Commission. -
i 16 l SLOMFP states that since ". . . PG&E has already prepared
, 17 and submitted its rate case . . . [it cannot) understand why 18 ;
) it is necessary to delay for one year the completion of the i
19
- (LTSP) . . . ." In its view, if the license condition is 20 not met as originally scheduled, the plant should be shut 3
21 j down because SLOMFP "relied on that condition" in some i 22 undemonstrated manner. These statements of "concern" 23 regarding the need for the extension would appear to satisfy '
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the "aspect" provisions of S 2.714 (a) (2) . :
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L, -, --...)
1 III. CONC,LUSION 2 Based on the foregoing, PGsE believes that SLOMFP v 3 has failed to satisfy the technical standing-requirements of 4 10 C.F.R. 2.714_and, accordingly, the petition to intervene d I
5 should bei denied unless those defects are cured.
6 7 Respectfully submitted, I
? HOWARD V. GOLUB 4 RICHAF.D F. LOCKE 9 Pacific Gas and Electric Company P. O. Box 7442 10 San Francisco, CA 94120 (415) 781-4211 11 BRUCE NORTON ,
12 c/o Richard F. Locke P. O. Box 7442 4
13 San Francisco, CA 94120 (415) 972-6616 14
' Attorneys for 35 PACIFIC GAS AhD ELECTRIC COMPANY ,
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t By d wA i urv 18 Bruce Norton 19 DATED: March 29, 1988 ,
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s' .
i D00MEiED USNRC 1 UNITED STATES OF AMERICA 18 AR? -1 P3 55 2 NUCLEAR REGULATORY COMMISSION OFFICE OF Stchjw 3 00CKEisNG .'. SEi<vics BRANCH 4 )
In the Matter of ) Docket No. 50-275 00N 5 )
PACIFIC GAS AND ELECTRIC COMPANY) 6 ) (License Amendment)
(Diablo Canyon Nuclear Power )
7 plant Units 1) )
)
8 9 CERTIFICATE OF SERVICE 10 I hereby certify that on March 29, 1988, copies of 11 the following document in the above-captioned proceeding have been served on the following by deposit in the United 12 States mail: ANSWER OF PACIFIC GAS AND ELECTRIC COMPANY TO PETITION TO INTERVENE IN LICENSE AMENDMENT PROCEEDINGS OF 13 THE SAN LUIS OBISPO MOTHERS FOR PEACE.
14 Ivan W. Smith, Chairman Docketing and Service Branch Atomic Safety and Licensing Office of the Secretary 15 Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission 16 Commission Washington, D.C.- 20555 Washington, D.C. 20555 (1 original plus 3 copies)
Jerry Harbour Benjamin H. Vogler, Esq.
18 Atomic Safety and Licensing Office of Executive Legal Board Panel Director 19 U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission 20 Washington, D.C. 20555 Washington, D.C. 20555 ,
21 Gustave A. Linenberger, Jr. Regional Counsel Atomic Safety and Licensing U.S. Nuclear Regulatory 22 Board Panel Commission U.S. Nuclear Regulatory Region V 23 Commission 1450 Maria Lane, Suite 210 Washington, D.C. 20555 Walnut Creek, CA 94596 Atomic Safety and Licensing Samuel J. Chilk, Secretary 25 Board Panel General Counsel U.S. Nuclear Regulatory U.S. Nuclear Regulatory 26 Commission Commission Washington, D.C. 20555 1717 H Street, NW, MS 1035 Washington, D.C. 20555 l
4 1 Richard 1E. Blankenburg Edic Clark Co-publisher. .
Sandra A. Silver 2 -Wayne A. Soroyan. News Reporter San Luis Obispo Mothers South County Publishing Company for Peace 3 P. O.. Box 460 613 Stanford Arroyo Grande, CA 93420 San Luis Obispo, CA 93401 Managing Editor Nancy Culver 5 San Luis Obispo County San Luis Obispo Mothers Telegram-Tribune for Peace 6 1321 Johnson Avenue 192 Luneta Street San Luis Obispo, CA 93406 San Luis Obispo, CA 93401 0 '
/ '
9 / 71 10 / /
Kichafd F. L6cke 11 Pacific Gas and Electric Company 77 Beale Street, 27th Floor 12 San Francisco, CA 94106 13 Dated at San Francisco, California, this 29th day of March 1988.
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