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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 ML20072B8481994-07-26026 July 1994 Comment Opposing Proposed Rule 10CFR26 Re Changes to FFD Requirements Concerning Random Drug Testing ML20071L2061994-07-26026 July 1994 Comment Supporting Proposed Rule 10CFR26 Re Changing Current Drug Testing Policies to Exclude All Personnel in nonsafety-related Positions ML20071L1901994-07-20020 July 1994 Comments on Proposed Rule 10CFR26 Re Relaxing Rule on Drug Testing of Employees Working at NPP 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 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 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 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 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 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 ML20056G5101993-08-24024 August 1993 Memorandum & Order (Proposed Findings of Fact/Conclusions of Law).* Establishes Listed Schedule for Submission of Proposed Findings of Fact & Conclusions of Law.W/Certificate of Svc.Served on 930826 ML20059M8621993-08-24024 August 1993 Intervenor Exhibit I-MFP-35,consisting of Rept, Self- Evaluation of Diablo Canyon Power Plant, Dtd Jul 1993 ML20059M7601993-08-24024 August 1993 Intervenor Exhibit I-MFP-T-4,consisting of Rev O to MP E-57.8A, Temp Monitoring ML20059M7581993-08-24024 August 1993 Intervenor Exhibit I-MFP-T-3A,consisting of 900225 Table Re EQ Devices Affected by Localized High Temperatures ML20056F5491993-08-24024 August 1993 Transcript of 930824 Meeting Re Diablo Canyon Nuclear Power Plant Units 1 & 2.Pp 2,025-2,295.Related Documentation Encl ML20059M7521993-08-24024 August 1993 Intervenor Exhibit I-MFP-T-3,consisting of 900227 Rept, Effects of Localized High Temps Upon EQ Components ML20059M7491993-08-24024 August 1993 Intervenor Exhibit I-MFP-T-2,consisting of 920422 Rev 4 to Procedure MP E-57.8 Temp Monitoring ML20059D2241993-08-24024 August 1993 Intervenor Exhibit I-MFP-220,consisting of Protest of Util IR 05000275/19910041993-08-24024 August 1993 Intervenor Exhibit I-MFP-70,consisting of Insp Rept,Re Rept Numbers 50-275/91-04 & 50-323/91-04,dtd 910304 1999-09-20
[Table view] Category:ORDERS
MONTHYEARML20236T3011998-07-24024 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 ML20129J4191996-10-18018 October 1996 Order Approving Application Re Corporate Restructuring of Pacific Gas & Electric Company by Establishment of Holding Company 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 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 ML20056G5101993-08-24024 August 1993 Memorandum & Order (Proposed Findings of Fact/Conclusions of Law).* Establishes Listed Schedule for Submission of Proposed Findings of Fact & Conclusions of Law.W/Certificate of Svc.Served on 930826 ML20056E7471993-08-19019 August 1993 Memorandum & Order CLI-93-18.* Commission Declines Review of Interlocutory Discovery Order That Board Referred to NRC Re LBP-93-13.Served on 930819.W/Certificate of Svc ML20056E7191993-08-13013 August 1993 Memorandum & Order (Telephone Conference call,930813).* Directs That Unsigned Ltr Be Provided to San Luis Obispo Mothers for Peace to Assist in cross-examination.Certificate of Svc Encl.Served on 930816 ML20056E6941993-08-12012 August 1993 Memorandum & Order (Change in Location for Oral Limited Appearance Statements).* Location at Which Oral Statements Will Be Heard Changed as Stated.W/Certificate of Svc.Served on 930813 ML20056C8861993-07-19019 July 1993 Order.* Licensee May File Brief by 930723 & Ensure That Svc Complete on Other Parties at Same Time & Intervenor & NRC May File Reply Brief on 930729.Certificate of Svc Encl. Served on 930719 ML20128F7761993-02-0909 February 1993 Memorandum & Order (Discovery & Hearing Schedules).* All Discovery Responses Must Be Filed 30 Days Following Receipt of Discovery Requests,W/Final Response to Be Filed by 930412.Served on 930210 ML20127L8811993-01-21021 January 1993 Prehearing Conference Order (Ruling Upon Intervention Petition & Authorizing Hearing).* Request of San Luis Obispo Mothers for Peace Granted.W/Certificate of Svc.Served on 930122 ML20246C7141989-08-18018 August 1989 Order to Show Cause Why CPs CPEP-1 & CPEP-2 Should Not Be Revoked & Requiring Licensee to Notify Commission at Least 30 Days Before Taking Possession of Any Classified Equipment ML20247Q5821989-07-28028 July 1989 Memorandum & Order (Dismissing Proceeding).* Dismisses Proceeding,Per Encl Sierra Club 890724 Request to Withdraw Contentions.Served on 890731 ML20245D3191989-06-19019 June 1989 Corrected Memorandum & Order (Prehearing Conference).* Urges Parties to Confer Re Scheduling Preferences & Informal Procedures That Will Assure That Discovery Both Effective & Efficient.W/Certificate of Svc.Served on 890620 ML20244D5111989-06-12012 June 1989 Order.* Directs Chairman of Board to Take Actions to Complete Addl Proceedings Re Sierra Club Zircaloy Fire Contention & Challenge to Supplemental Environ Assessment, Per 10CFR2,Subpart G.W/Certificate of Svc.Served on 890612 ML20151U7821988-08-10010 August 1988 Order Modifying License DPR-44,DPR-56,NPF-39 & CPPR-107 for Violations Involving Licensed Operators Sleeping in Control Room,Reading Matls Not Directly Job Related & Otherwise Inattentive to Obligations of License ML20151G5961988-07-26026 July 1988 Special Prehearing Conference Order.* Discusses ASLB Rulings from 880721 Special Prehearing Conference.Served on 880727 ML20195D0611988-06-16016 June 1988 Order (Scheduling of Special Prehearing Conference).* Parties & State of Tn Directed to Appear at 880721 Special Prehearing Conference Re Application for Ol.Served on 880617 ML20197E1401988-06-0101 June 1988 Memorandum & Order (Granting Motion to Terminate Proceeding).* Encl PG&E 880511 Motion to Terminate Proceeding as Moot Granted & Proceeding Terminated.Served on 880602 ML20151F1271988-04-13013 April 1988 Memorandum & Order (Providing for Amended & Supplemental Petition for Leave to Intervene).* San Obispo Mothers for Peace May File Amended & Supplemental Petition for Leave to Intervene by 880428.Served on 880413 ML20150A9161988-03-11011 March 1988 Memorandum & Order (Providing for Answers to Petition for Leave to Intervene).* Exam of Sierra Club Paper Convinces Board That Club Seeks Only to Avail of Right to Comment & Not to Intervene in Any Hearing.Served on 880314 ML20149H6971988-02-17017 February 1988 Order.* Time for Commission to Determine Whether to Review ALAB-880 Extended to 880311.Served on 880217 ML20237B6501987-12-14014 December 1987 Order.* Staff Must File Motion for Leave to File Untimely Brief in Response to Sierra Club Appeal in License Amend Proceeding by 871216.Brief Will Be Rejected If No Motion Filed.Served on 871215 ML20236T3131987-11-25025 November 1987 Supplemental Order Directing ASLAP to Treat Intervenor Instant Appeal on Expedited Basis & Directed to Issue Decision on or Before 880122.Upon Exceptional Circumstances, Decision Maybe Delayed to 880131.Served on 871125 ML20236E1181987-10-26026 October 1987 Order.* Denies Sierra Club Instant Request for Stay of Effectiveness of LBP-87-25.Served on 871026 ML20235T3571987-10-0808 October 1987 Memorandum & Order.* Denies Sierra Club Request for Stay of Effectiveness of LBP-87-25.Interim Stay Granted in 870925 Order Dissolved.Served on 871008 ML20235H6401987-09-25025 September 1987 Order.* Directs Filing of Responses to Sierra Club 870924 Motion for Stay of Effectiveness of Board 870911 Initial Decision by 871005 & Applicant to Refrain from Taking Action Sanctioned by Amends Pending Further Order.Served on 870928 ML20235B4751987-09-18018 September 1987 Memorandum and Order.* ASLAP Orders That Intervenor Appeal of 870902 Interlocutory Order,Denying Contention,Be Dismissed.Aslb 870911 Decision Re Licensee Amends May Be Appealed Per 10CFR2.762(a).Served on 870921 ML20238E5351987-09-0202 September 1987 Memorandum & Order (Ruling on Motion to Admit Contention).* Admission of Sierra Club Contention Re LOCAs & Request That EIS Be Prepared Denied Based on Failure to Describe Accident Scenario.Served on 870904 ML20236N8061987-07-31031 July 1987 Order.* Parties Directed to File Simultaneous Briefs,Not to Exceed 10 Pages,Discussing Applicability of ALAB-869 to Sierra Club Contentions on or Before 870814.Served on 870803 ML20214N1511987-05-22022 May 1987 Memorandum & Order (Order Requiring Filing of Douments on Diskettes Suitable for Electronic Storage & Retrieval).* Served on 870526 ML20210B8061987-05-0101 May 1987 Order.* NRC 861020 Order Directing Licensee to Show Cause Why OL Should Not Be Modified to Prohibit Use of Radios,Tapes,Television Sets or Other Audible Entertainment Devices Recinded & Proceeding Dismissed.Served on 870501 ML20210B7311987-04-30030 April 1987 Memorandum & Order (Proposed Order Requiring Filing of Documents on Diskettes Suitable for Electronic Storage & Retrieval).* Parties Directed to Submit Comments on Proposed Order by 870515.Served on 870501 ML20206G9951987-04-0909 April 1987 Memorandum & Order (Hearing Schedule).* Hearing Shall Commence in Avila Beach,Ca on 870612.Discovery Will Be Completed on or Before 870527,per Described Procedures. Served on 870413 ML20211D0291987-02-13013 February 1987 Order.* Staff Directed to File W/Commission & Serve on Petitioners & Licensees Detailed Explanation of Health & Safety Basis for 861020 Order Re Use of Audio Equipment in Control Rooms by 870306.Carr Views Encl.Served on 870217 ML20212R6711987-01-28028 January 1987 Memorandum & Order.* Order Denying Motion of Mothers for Peace & Sierra Club for Summary Disposition Re Failure of NRC to File Eis,Requesting Prefiled Testimony by 870224 & Setting Date of Hearing for 870309.Served on 870130 ML20207K7931987-01-0202 January 1987 Memorandum & Order (Directing Licensee Response to Intervenor Motion for Summary Disposition).* Licensee & Staff Directed to File Responses to Intervenor Motion to Be Received by ASLB on or Before 870115.Served on 870106 ML20215F9301986-12-19019 December 1986 Memorandum & Order Denying Mothers for Peace & Sierra Club 861215 Motion to Allow Filing of Summary Disposition Motion & Reinstatement of Original Hearing Schedule Re Reracking of Spent Fuel Pool.Served on 861222 ML20214Q5881986-12-0101 December 1986 Memorandum & Order Directing Parties to File Listed Info W/ Board & Serve Info on Other Parties on or Before 861229. Parties Should Schedule & Complete Depositions of Listed Witnesses on or Before 870116.Served on 861202 ML20215J1421986-10-20020 October 1986 Order to Show Cause Why Radios or Other Electrical/ Electronic Equipment Used to Provide Background Music in Control Rooms Should Not Be Removed (Ref IE Info Notice 85-053 & Circular 81-02) ML20214Q0881986-09-18018 September 1986 Order Referring Request for Emergency Stay of Defueling Operations at Facility to NRC for Consideration as Request for Enforcement Action Under 10CFR2.206.Served on 860919 ML20203L9581986-08-28028 August 1986 Memorandum & Order Directing NRC to Advise ASLB & Parties by 860829 of When Herrick Will Be Replaced & Parties to Complete Discovery & File Motions for Summary Disposition.W/ Transcript Corrections of 860822 Telcon.Served on 860829 ML20203E4241986-07-22022 July 1986 Memorandum & Order CLI-86-12 Re 860530 Amends Authorizing Util to Rerack Spent Fuel Pools.Dissenting Views of Commissioner Asselstine & Addl Views of Chairman Zech & Commissioners Roberts & Bernthal Also Encl.Served on 860722 ML20206P7011986-06-27027 June 1986 Memorandum & Order Admitting Consumers Organized for Defense of Environ Safety Contention 14,San Luis Obispo Mothers for Peace Contentions & Sierra Club Contentions I(A),(B) & Ii(A) & (B) & Denying Remaining Contentions.Served on 860630 ML20206D5571986-06-18018 June 1986 Memorandum & Order Dismissing San Luis Obispo Mothers for Peace & Sierra Club 860616 Application for Order Staying Effectiveness of 860530 License Amends for Facility,Per Aslab 860618 Dismissal.Served on 860619 ML20206D6131986-06-18018 June 1986 Order Dismissing San Luis Obispo Mothers for Peace & Sierra Club Pleading for Stay of Commission 860530 Issuance of License Amends to Permit Reracking of Spent Fuel Pool. Request Should Be Directed to Commission.Served on 860619 ML20198K6301986-05-29029 May 1986 Order Changing Address of Lm Gustafson.Served on 860603 ML20197K1011986-05-15015 May 1986 Order That All Parties Serve Copies on All Other Parties by Using Format,Names & Addresses Set Out in Encl Draft Certificate of Svc.Served on 860519 ML20203L6171986-04-29029 April 1986 Order Designating Location of 860513 Prehearing Conference in Avila Beach,Ca.Served on 860430 ML20138C1561986-03-28028 March 1986 Order Granting Mothers for Peace & Denying Sierra Club & Consumers Organized for Defense of Environ Safety Petitions to Intervene in Proceeding.Served on 860331 1998-07-24
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION' COMMISSIONERS :
James R. Schlesinger, Chairman . :.;
James T. Ramey Wilfrid E. Johnson Clarence E. Larson ;
William 0. Doub IN THE MATTER OF PACIFIC GAS & ELECTRIC COMPANY DOCKET NOS. 50-275 (Diablo Canyon Nuclear Power Plant 50-323 Units 1 and 2).
l 1
MEMORANDUM AND ORDER On December 7,1971, the Commission's Director of Regulation (Director) publi.shed in the Federal Register (36 F.R. 23265) his deter- i mination under 10 CFR Part 50, Appendix D, Section E, that, with certain exceptions, construction of the Diablo Canyon- Nuclear Power Plant,-
Units 'l and 2 (authorized pursuant to Construction Permits CPPR-39 and CPPR-69) should not be suspended pendin'g completion of the environ-mental review under the National Environmental. Policy Act of 19C9 (NEPA).
The Federal Register notice also provided that persons whose interests ;
may be affected could request a hearing. A request was filed on !
December 30, 1971, by the Scenic Shoreline Preservation Conference, Inc., (petitioner). The request alleged, inter alia, that' geothermal power is available as an alternative source of power to meet the needs - .
i i
87072903B3 870721' PDR FOIA I l
l CONNDR87-214
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2 to be served by the units involved; that continued construction of the units and associated transmission lines would result in severe environ-mental impact; and that further evaluation of the seismic design of the units is essential. The request is opposed by the licensee. The ]
regulatory staff states that a hearing would be appropriate but it re-i quests that the contention regarding seismic design be excluded from I hearing consideration. .
1 We conclude that a hearing is warranted and that a hearing will I l
be held on the question whether construction activities under the con- )
l struction permits for the Diablo Canyon Nuclear Power Plant Units 1 and i j
2, should be suspended pending completion of the ongoing NEPA review.
For purposes of this proceeding on the above question, parties shall be the licensee, the Regulatory Staff and the petitioner.
I In this regard, on April 7,1972, the United States Court of Appeals for the District of Columbia Circuit remanded the record of a determina-l tion made in another case under 10 CFR Part 50, Appendix D, Section E.
Coalition for Safe Nuclear Power, et al. v. United States Atomic Energy, Commission, D.C. Cir., No. 71-1396. Noting that the utilities there would contnit substantial financial resources in proceeding with construction pending completion of NEPA review, the Court stated that the Commission should consider certain additional matters in the context of balancing environmental harm and economic cost of abandonment. The Court stated:
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"On remand, the Commission should consider in detail whether this additional irretrievable commitment of substantial resources might affect the eventual decision reached on ,
the N.E.P. A. review. The degree to which this expenditure might affect the outcome of the final N.E.P.A. process should {
be a paramount consideration in the decision on suspension reached after the hearings on remand."
l The matters to be considered in this hearing shall be the factors specified in 10 CFR Part 50, Appendix D, Section E.2, together with the considerations specified in the Court's remand.
I As respects petitioner's seismic design contention, this is the i very same allegation which petitioner advanced during the construction ,
permit hearings for Unit 2. The seismic design for Unit 2 was found to be adequate by the Atomic Safety and Licensing Board. That decision was reviewed and upheld by the Atomic Safety and Licensing Appeal Board --
once upon exceptions taken by the petitioner and again upon a petition for reconsideration largely involving the same material presented by the instant request. In these circumstances, we see no warrant in con-sidering the question of the adequacy of the seismic design for still another time. While the seismic design contention was earlier raised in connection with Unit 2, the Licensing Board, of course, independently reviewed the seismic design for Unit 1 -- which is located at the same site and utilizes the same criteria -- and found the design to be adequate.
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. 4 A hearing notice implementing this decision, and reflecting the need for expedition of this proceeding, is appended hereto as Attachment A.
By the Comission.
W. B. McCbol /
Secretary of the Comission
Attachment:
Notice of Hearing Dated at Germantown, Maryland this 21st day of April ,1972.
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F[<-
Attachment A UNITED STATES OF AMERIt,A ATOMIC ENERGY COMMISSION In the Matter of PACIFIC GAS & ELECTRIC COMPANY ) DOCKET NOS. 50-275 (Diablo Canyon Nuclear Power ) 50-323 Plant, Units 1 and 2) )
NOTICE OF HEARING ON SUSPENSION OF CONSTRUCTION ACTIVITIES AT THE DIABLO CANYON NUCLEAR POWER PLANT, UNITS 1 and 2, AUTHORIZED PURSUANT TO CPPR-39 and CPPR-69 PENDING COMPLETION OF NEPA ENVIRONMENTAL REVIEW l On December 7,1971, the Director of Regulation of the Atomic Energy i
' l Comission published in the FEDERAL REGISTER, 36 F.R. 23265, pursuant to l 10 CFR Part 50, Appendix D, Section E, a detennination with certain exceptions, not to suspend construction activities at the Diablo Canyon Nuclear Power Plant, Units 1 and 2, pending completion of an environmental j review under the Comission's regulations implementing the National Environ-1/
mental Policy Act of 1969 (NEPA),10 CFR Part 50, Appendix D.~ A request for a hearing was filed on December 30, 1971 , by the Scenic Shoreline 4 PreservationConference,Inc.(petitioner).
l Upon analysis of the request and the responses filed by the Regulatory I
Staff and the Pacific Gas & Electric Company (licensee), it has been deter-mined'by Memorandum and Order dated April 21, 1972, that a hearing is 1/ Construction of these Units is authorized by Construction Permits Nos. CPPR-39 and CPPR-69.
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C; ., .
2 warranted and that a hearing will be held. Accordingly, pursuant to 10 CFR Part 50, Appendix D, Section E.4(b) and 52.7b3 of the Commission's
" Rules of Practice",10 CFR Part 2, notice is hereby given that a hearing will be held at a time and place to be announced by the Atomic Safety and Licensing Board specified below, and published in the FEDERAL REGISTER.
The issue to be considered at the hearing will be whether the activities 'under the construction permits for the Diablo Canyon Nuclear Power Plant, Units 1 and 2, should be suspended pending completion of the NEPA envir'onmental review. In resolving that issue, the following criteria should be considered and balanced:
Criteria (a) Whether it is likely that continued construction during the review period will give rise to a significant adverse impact l on the environment; the nature and extent of such impact, if any; and whether redress of any such adverse environmental impact can reasonably be effected should modification, suspen-sion or termination of the permit or license result from the ongoing NEPA review.
(b) Whether continued construction during the prospective review period would foreclose subsequent adoption of alternatives in facility design or operation of the type that could result from the ongoing NEPA environmental review.
f 1
(c) The effect of delay in facility construction or operation upon j the public interest. Of primary importance under this criterion are the power needs to be served by the facility; the availability 1
of alternative sources, if any, to meet those needs on a timely basis; and delay costs to the licensee and to consumers. l l
(d) In the context of balancing environmental harm and economic i i
cost of abandonment, a paramount consideration shall be whether the commitment of substantial financial resources, in pro-ceeding with construction pending completion of the NEPA review, l
might affect the eventual decision reached on that review; and, if so, the degree to which such an effect might occur.
l The Licensing Board shall render a de, novo decision based upon the criteria above. The burden of proof shall be upon the licensees.
For purposes of this proceeding, on the question whether activities under the construction permits should be suspended pending completion of NEPA review, the parties shall be the licensee, the Regulatory Staff and the petitioner. An answer shall be filed by the licensee within three days of the date of publication of this notice following 10 CFR 52.705 to the extent appropriate. A reply to an answer may be filed within three days after it is served.
2] See Coalition for Safe Nuclear power, et al. v. U.S. A.E.C. ,
D.C. Ci r. , No. 71-1396.
{t', 6 e 4
Papers required to be filed in this proceeding may be filed by mail or telegram addressed to the Secretary of the Comission, United States Atomic Energy Commission, Washington, D.C. 20545, Attention: Chief, Public Proceedings Branch, or may be filed.by delivery to the Commission's Public Document Room,1717 H Street, N.W. , Washington, D.C. Pending furtha order of the Board, parties are required to file, pursuant to the provisions I
of 10 CFR 52.708 of the Comission's " Rules of Practice", an original and twenty conformed copies of each such paper with the Commission.
A copy of the Director of Regulation's determination and the accompanying staff discussion and findings are available for inspection I by members of the public in the Commission's Public Document Room,1717 H Street , N.W. , Washington , D.C. Copies of those documents are also available at the San Luis Obispo County Free Library,1354 Bishop Street, San Luis
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Obispo, California, between the hours of 8:00 a.m. and 5:00 p.m., Monday through ' Friday.
We direct that all matters involving the above question be concluded with utmost expedition so that final decision will be reached within sixty days of publication of this notice. For these purposes, the proceeding shall be conducted under the following requirements:
- 1. The hearing will' be held before an Atomic Safety and Licensing Board (Licensing Board) composed of the following members:
Dr. Franklin C. Daiber, Dr. M. Stanley Livingston, and l
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, 5 Michael Glaser, Esq., Chairman. Pursuant to 10 CFR 52.785(a)(1),
the Commission hereby delegates to the Atomic Safety and Licensing Appeal Board (Appeal Board) the authority and the review function l which would otherwise be exercised and performed by the Commission.
The Appeal Board shall be composed of the following members:
Dr. John H. Buck, Dr. Lawrence R. Quarles , and Algie A. Wells ,
Esq., Chairman.
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- 2. The Licensing Board shall render its initial decision within forty
. days from the date of publication of this notice. In order to '
meet this schedule, the Licensing Board shall conduct the hearing as soon as possible.
I 3. The Licensing Board's initial decision shall constitute the final decision of the Commission unless exceptions are filed I
within five days after its date or unless, within the same time period, the Appeal Board or Corrmission directs that the record be certified to it for. final decision.
Insofar as this notice and these requirements reflect shortening of tire periods otherwise prescribed in 10 CFR Part 2, we find good cause for such j action under 10 CFR 52.711 and 10 CFR Part 50, Appendix 0, Section E.4(c).
We further note that the authority of 10 CFR 52.711 also extends to the l
Licensing Board.
By the Commission.
W. B. McCool W /
Secretary of the Commission j Datti: April 21, 1972 l l
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, UNITnD STAM OF a.t:t1CA (.J. ,y
, AT0 HIC ENi:.RJY COMtilSSION -
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l j In the ma(ter of: ) Dceket ho. $0J275, 323
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PACIFIC GAS AND ELECTitIC Co.)
//- A /- 7P , l CERTIFICATE OF SERVICE 1
I hereby certify that ecpies of the Commissicn MF2fER DUM AND ORDER ated Aoril 21, 1972 with Attached Nctice of Hearing were rerved en .- c'.ilcuing
.by denosit in the United States mail as first class oi air mail this
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21st day of April,1972: ,
I hichael Glaser, Esq, Chairman Dr. Franklin C. Daiber Atcmic Safety and Licensing Board Dept. cf Biological Sciences 1150 17th Street, N. W. Univerrity cf Delaware hashington, D. C. 20036 Newark, Delaware 19711 Dr. & "3tanley Livingsten Joseph Scinto, Esq.
1005 Calle Largo hegulatcry Staff Counsel Santa Fe,i<ew r.exico 67501 U; . S. Atemic Energy Commiesion Washington, D. C. 20$h$
ailip a. Crane, Jr., tsq. '-
3 Pacific Jas & Electric Co. hr. Frederick Eicler, President l 2h5 harket c;treet San francisco, Calif. 9ul06 Scenic Shoreline Preservation Conf.
Inc.
h623 Mere hexa Drive Er. Ian 1. heisillan Santa Barbara, Calif.
dcx 63 93105 1 Sr anden, California 93h16 Dr. John M. Heelep, Chief 1 l
Elren 1. KidweJ1, Chairman Environmental Health and Consuner }
l Protecticn Program San'Luise Obispe County Bd. cf Dept. cf Public Health surarvis c rs 2151 Berleley Way -
- Ccunty Ccurthouse Berkeley, Calif.
.5an Luish Obispo, Calif. 9h70h 93h01 !
i.ttnrney General Mr. Hal Strcube, Manager of Public !
helaticns
- tr te of California Luigi Marre Land and Cattle Co. l Sacrcrento, Calif. 95Sh1 j San Luis Obisoo Bay Prcperties, Inc. '
Avila Beach, Calif, 93h2h 1
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CC: hells ' . Office
' 00n[G & U6h20 Goodrich of the Secretary ,c( ~ m "
r Scinto Statf AsListant adulatcry Files 03aser
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