ML20210T073

Response to Interrogatories & Request for Production of Documents Re Alternatives to High Density Reracking of Spent Fuel Pool at Facilities.Certificate of Svc Encl.Related Correspondence

ML20210T073
Person / Time
Site:	Diablo Canyon
Issue date:	10/03/1986
From:	Mcgurren H NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	SAN LUIS OBISPO MOTHERS FOR PEACE
References
CON-#486-0988, CON-#486-988 OLA, NUDOCS 8610080298
Download: ML20210T073 (7)

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w e ait19 co*#EWD" 00CKETED USNBC October 3 g 19g UNITED STATES OF AMERICA

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NUCLEAR REGULATORY COMMISSION OFFICE C' MI ..b" 00CKETitu ' 2 ' 'T r :

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD BW i

4 In the Matter of )

)

PACIFIC GAS AND ELECTRIC ) Docket Nos. 50-275 OLA COMPANY ) 50-323 OLA (Diablo Canyon Nuclear Power Plant ) (Spent Fuel Pool)

Units 1 and 2) )

i

NRC STAFF RESPONSE TO MOTHERS FOR PEACE FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS I. INTRODUCTION The NRC staff hereby responds to the Intervenor's, San Luis Obispo Mothers for Peace, interrogatories and requests for documents directed to the Nuclear Regulatory - Commission. The Staff notes that it is under no obligation to respond to the Intervenor's interrogatories since it has not complied with 10 C.F.R. I 2.720(h)(2)(ii). Pursuant to that section of

the regulations, the Staff may be required to answer party interrogatories j only upon a finding of the presiding officer that the answers to the in-terrogatories are "necessary to a proper decision in the proceeding" and "are not reasonably obtainable from any other source." As the Appeal Board has explained discovery against the Staff stands on a "different footing" than discovery with respect to other parties. Pennsylvania Pow- I er and Light Co. (Susquehanna Steam Electric Station, Units 1 and 2),

ALAB-613,12 NRC 317, 323 (1980). With limited exceptions, Staff docu-ments that are relevant to licensing proceedings are routinely made avail-able in the NRC Public Document Room . 10 C.F.R. I 2.790; j Susquehanna, supra. As the Appeal Board , citing Appendix A of 8610080298 861003 PDR ADOCK 05000275 g G PDR Certified By a

_, 10 C.F.R. Part 2, has observed: "[t]he contemplation is that these

'should reasonably disclose that basis for the Staff's position thereby re-ducing any need for formal discovery."' Susquehanna, supra.

The Staff has voluntarily responded to the interrogatories without the required board order in the interest of expediting the proceeding.

The Staff reserves its right, however, to require that future discovery requests to it be submitted in compliance with 10 C.F.R. 5 2.720(h)(2)(fi).

II. I_NTERROGATORY ANSWERS INTERROGATORIES NO.1 Identify and supply all documents, including but not limited to re-ports, analyses, meeting summaries, memorandums, and port!ons thereof, relied upon to evaluate the alternatives to high density re-racking of the spent fuel pools at Diablo Canyon nuclear plant.

ANSWER

• PG&E Letter No. DCL-85-306, September 19, 1985 from J. D .

Shiffer (PG&E) to G. W. Knighton (NRC),

Subject:

Report on "Reracking of Spent Fuel Pools for Diablo Canyon, Units 1 and 2."

U.S. Nuclear Regulatory Commission, Report NUREG-0575, "Fi-nal Generic Environmental Impact Statement on Handling and Storage of Spent Light Water Power Reactor Fuel," Volumes 1, 2 and 3, August 1979.

• U.S. Nuclear Regulatory Commission, Letter from L. Rouse (NRC) to L. Stewart (Virginia Electric and Power Company), dated April 12, 1985, transmitting " Environmental Assessment Related to the Construction and Operation of the Surry Dry Cask Independent Spent Fuel Storage Installation."

I o

o U.S. Nuclear Regulatory Commission, Report NUREG-0800,

" Standard Review Plan for the Review of Safety Analysis Reports for Nu-clear Power Plant ," Rev . 1, July 1981, Section 9.1.2, " Spent Fuel Storage."

INTERROGATORIES NO. 2 Identify and supply all information and documents relied upon to evaluate dry cask on-site storage as an alternative to high density re-racking.

ANSWER o U.S. Nuclear Regulatory Commission, Letter from L. Rouse (NRC) to L. Stewart (Virginia Electric and Power Company), dated April 12, 1985, transmitting " Environmental Assessment Related to the Construction and Operation of the Surry Dry Cask Independent Spent Fuel. Storage Installation."

The documents identified above will be made available for inspection and copying at Region V at a mutually agreeable date and time.

Respectfully submitted, 1, =f O ,

Henry . McGurren Counsel for NRC Staff Dated at thesda, Maryland this 3 day of October, 1986

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

PACIFIC GAS AND ELECTRIC ) Docket Nos. 50-275 OLA COMPANY ) 50-323 OLA (Diablo Canyon Nuclear Power Plant ) (Spent Fuel Pool)

Units 1 and 2) )

AFFIDAVIT OF DONALD P. CLEARY I, Donald P. Cleary, being duly sworn, state as follows:

1. I am employed by the U.S. Nuclear Regulatory Commission as the Acting Chief of the Site Analysis Branch and Section Leader of the Regional Impact Analysis Section. A copy of my professional qualifica-tions is attached.

2. I am duly authorized and have prepared responses to the inter-rogatories served on the NRC staff by the Intervenor San Luis Obispo Mothers for Peace.

I hereby certify that the statements and opinions given are true and correct to the best of my personal knowledge and belief.

AAN Donald P. Cleary --

Subscribed and sworn to before me this 1Nay of September,1986 hA -- C&(-}

otary Publip (

My commission expires: M I,1770 (f 57 '

STATEMENT OF PROFESSIONAL QUALIFICATIONS DONALD P. CLEARY My name is Donald P. Cleary. I am a Senior Task Manager in the Engineering Issues Branch, Division of Safety Review and Oversight, Office of Nuclear Reactor Regulation, United States Nuclear Regulatory Commission (NRC). My major responsibilities are in the areas of radiological protection and environment, and regulatory alternatives for plant life extension. Previously, I was Acting Chief Chief of the Site Analysis Branch and Section Leader of the Regional Impact Analysis Section within that Branch. I have been with the NRC (previously Atomic Energy Commission) since 1973. As a technical reviewer and supervisor I have been responsible for various sections of environmental impact statements and safety evaluation reports. These include social and economic impacts, need for the project, alternatives to the project, irreversible and irretrievable commitments of resources, relationships between short-tern use and large-term productivity of man's environment, benefit cost balance, population distribution, exclusion area authority and control, and analysis of potential hazards (to safe plant operation) in site vicinity.

Prior to joining NRC, I was first an Industry Economist and then Staff Specialist for Program Review and Evaluation in the Office of Resource Utilization, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce.

I received a B.A. in Economics from the University of Massachusetts in 1961 and a M.A. in Economics from the University of Florida in 1963. I completed course work for the Ph.D in Natural Resource Economics at the University of

Michigan.

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,. 000KETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '96 NI ~b p4 *.41 BEFORE TIIE ATOMIC SAFETY AND LICENSING .SQARD su W h0'Chllhic In the Matter of . )

) l PACIFIC GAS AND ELECTRIC ) Docket Nos. 50-275 OLA l COMPANY ) 50-323 OLA i (Diablo Canyon Nuclear Power Plant ) (Spent Fuel Pool)

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO MOTIIERS FOR PEACE FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 3rd day of October, 1986:

B. Paul Cotter, Jr. , Chairman Bruce Norton, Esq.

Administrative Judge Norton, Berry, French Atomic Safety and Licensing Board Panel & Perkins, P.C.

U.S. Nuclear Regulatory Commission P.O. Box 10569 Washington, D.C. 20555* Phoenix, AZ 85064 Glenn O. Bright, Esq. Nancy Culver Administrative Judge 192 Luneta Street Atomic Safety and Licensing Board Panel San Luis Obispo, CA 93401 U.S. Nuclear Regulatory Commission Washington, D.C. 20555*

Mrs. Jacquelin Wheeler Dr. Jerry Harbour 2455 Leona Street Administrative Judge San Luis Obispo, CA 93401 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555*

Richard E. Blankenburg Philip A. Crane, Jr. , Esq.

Co-publisher (77 Beale Street, 31st Floor)

Wayne A. Soroyan, News Reporter P.O. BOX 7442 South County Publishing Company San Francisco, CA 94120 (94106)

P.O. Box 460 Arroyo Grande, CA 93420

6 Docketing and Service Section Mr. Lee M. Gustafson Office of the Secretary Pacific Gas and Electric Co.

U.S. Nuclear Regulatory Commission Suite 1100 Washington, D.C. 20555* 1726 M Street, N.W.

Washington, D.C. 20036-4502 Atomic Safety and Licensing Dr. Richard Ferguson .

Board Panel Vice-Chairman U.S. Nuclear Regulatory Commission Sierra Club Washington, D.C. 20555* Rocky Canyon Star Route Creston, CA 93432 Atomic Safety and Licensing Appeal Board Panel (5) Laurie McDermott, Co-ordinator U.S. Nuclear Regulatory Commission C.O.D.E.S Washington, D.C. 20555* 731 Pacific Street Suite #42 Managing Editor San Luis Obispo, CA 93401 San Luis Obispo County Telegram-Tribune Dian M. Grueneich, Esq.

1321 Johnson Avenue Edwin F. Lowry P.O. Box 112 Grueneich a Lowry San Luis Obispo, CA 93406 345 Franklin Street San Francisco, CA 94102 H6nrK Jj" MbGur'ren CounseT for NRC Staff 1

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