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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 ML20059C7361993-08-24024 August 1993 Intervenor Exhibit I-MFP-88,consisting of NRC Insp of Diablo Canyon Units 1 & 2 IR 05000275/19920161993-08-24024 August 1993 Intervenor Exhibit I-MFP-137,consisting of Insp Rept Re Dockets 50-275/92-16 & 50-323/92-16,dtd 920707 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 ML20059M1381993-08-24024 August 1993 Staff Exhibit S-1,consisting of Re 920519 Enforcement Conference 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 ML20059D0841993-08-24024 August 1993 Intervenor Exhibit I-MFP-139,consisting of Insp Rept Re Dockets 50-275 & 50-323,dtd 920417 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 ML20059M5041993-08-24024 August 1993 Staff Exhibit S-2,consisting of Re Notice of Violation ML20059M8621993-08-24024 August 1993 Intervenor Exhibit I-MFP-35,consisting of Rept, Self- Evaluation of Diablo Canyon Power Plant, Dtd Jul 1993 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 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 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 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.* 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 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 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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i DOCKETED UNITED STATES OF AMERICA MCC NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD SECREU
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In the Matter'of ) Docket Nos. 50-215 0.L.
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PACIFIC GAS AND ELECTRIC COM?ANY )
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(Diablo Canyon Nuclear Power Plant, Units 1 and 2)
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JOINT INTERVENORS' SUPPLEMENTAL BRIEF IN SUPPORT OF REQUEST FOR REVERSA ((f . "
OF ATOMIC SAFETY AND LICENSING BOARD'S AUGUST 4, 1981 MEMORANDUM AND ORDER On October 8, 1981, Joint Intervenors filed with the Commission a Request for Directed Certificrtion seeking immediate review of the Atomic Safety and Licensing Board's (" Licensing Board") August 4, 1981 Memorandum and Order tegarding admissibility of Joint Intervenors' contention.- in the full power proceeding. On October 29, the Commission referred that application to the Atomic Safety and Licensing Appeal Board
(" Appeal Board") for prompt review. By order dated the same day, the Appeal Board established an expedited briefing schedule and set
- oral argument for November 19, 1981 in Bethesda, Maryland.
Joint Intervenors hereby supplement their previous application in support of the full power contentions rejected by the licensing board. As this Appeal Board recognized in its October 29 Order, however, substantial pleadings have already been filed regarding the admissibility of those contentions, and 0111180387 811106 )
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b hence it is neither necessary nor would it be useful for Joint-Intervenors to reiterate at, length the arguments, both factual and legal, which have been'made to the licensing board and to the Commission. Indeed,.given the expedited nature of the briefing schedule, extensive rebriefing is infeasible.
Therefore, Joint Intervenors incorporate by reference their October 8th Request for Directed Certification, together with the supporting documentation and analysis attached thereto as exhibits. In the Request itself, the March 24, 1981 Motion to Reopen (Exhibit B), the June 30, 1981 Statement of Clarified Contentions (Exhibit C) , and the August 14, '981 Notice of Objections (Exhibit D) , Joint Intervenors have comprehensively addressed the factual and legal bases for the contentions,1/ the significance of the issues raised,S/ the interpretation of the Commission's guidelines governing the admission of TMI-related contentions,S/ the standards for late-filing of contentions and reopening the record and their application in this 1/ Motion to Reopen, at 11-74; Statement of Clarified Contentions, at 6-18; Notice of Objections, at 2-7; Request for Directed Certification, at 8-24.
S! Motion to Reopen, at 11-48; Statement of Clarified Contentions, at 6-18; Notice of Objections, at 2-7; Request for Directed Certification, at 9-24.
s
! S! Motion to Reopen, at 56-72; Notice of Objections, at 2-7; Request for Directed Certification, at 2-24.
l
proceeding,A/ and, most recently, th'e flagrant misapplication of those guidelines and standar'ds by the licensing board in its August 4, 1981 Memorandum and Order.E/
As is apparent from even a cursory review of the record herein, Joint Intervenors' contentions and their supporting documentation are :.xceptionally detailed and compelling.
Each of the contentions rejected by the board arises out of the TMI-2 accident, is based upon significant new information recognized in numerous studies and reports issued since the accident (and cited extensively in Joint Intervenors' 76-page motion in support of the contentions),
and is intended to assure that such information is adequately considered and applied at Diablo Canyon prior to full power operation. Consistent with the Commission's TMI-related guidance, Joint Intervenors explicitly related each of the contentions not only to the TMI accident, but also to Commission regulations and specific NUREG-0694 and NUREG-0737 requirements bearing on the same safety concerns.5/ In addition, to assure the requisite specificity, Joint A! Motion to Reopen, at 11-56; Request for Directed Cerhification, at 22-23; Prehearing Conference Transcript, at 11,397-11,402 (July 1,1981) ; Response to Requests for Directed Certification, at 36-72 (March 26, 1981); see also Statement of Clarified Contentions, at 6-18; Notice of Objections, at 3-6; Request for Directed Certification, at 8-22.
E/ Notice of Objections, at 1-7; Request for Directed Certification, at 1-22.
5 See In the Matter of Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2) , ALAB- ,
NRC (April 1, 1981).
! L
o Intervenors tied each contention to Diablo Canyon site-specific information, including, where relevant, the reactor design,.NRC safety evaluation reports, and applicant submittals.2/-
In rejecting all but, one of Joint Intervenors' contentions,'however, the Licensing Board failed even to acknowledge the vast majority of the information submitted and issues raised. Apparently in a misguided effort to accelerate the Diablo Canyon licensing process, the Licensing Board, through its brief ll-page Order, has in effect " swept under the carpet" each of the critical safety issues raised by Joint Intervenors in the aftermath of the TMI accident. In so doing, the board has distorted the applicable standards for admission of a TMI-related contention virtually beyond recognition. Indeed, if the board's almost total denial of contentions in this proceeding is deemed consistent with the Commission's TMI-related guidance, it is difficult to foresee any instance in which TMI-related issues could be found admissible in any proceeding.
Reversal of the Licensing Board's Order is essential, therefore, to preserve the integrity of the licensing process and to set this proceeding back on track. Moreover, it is both >
warranted and necessary in order to obtain a fair application of the Commission' TMI-related policy guidance and precedent, a 2/ Motion to Reopen, at 16-49; S'tatement of Clarified Contentions, at 6-18.
a
proper disposition of Joint Intervenors' contentions, and, ultimately, the most expeditious resolution of this proceeding.
As stated by Commissioner Gilinsky in connection with the Commission's September 21, 1981 Memorandum and Order in this proceeding:
Discipline, competence, and thoroughness are essential to the integrity of our licensing process. The Commission's regulations are intended to insure due process and procedural fairness and to insure that initial decisions are of high quality. Cutting corners in a micguided effort to accelerate a hearing can result in a procedural morass and a decision which fails to survive appellate review.
In the Matter of Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2), CLI-81-22, NRC ,
Separate Opinion of Commissioner Gilinsky, at 3-4 (September 21, 1981).
Accmrdingly, for the reasons stated in their October 8, 1981 Request for Directed Certification and Exhibits B,C, and D thereto, Joint Intervenors respectfully urge this Appeal Board to reverse the Licensing Board's August 4, 1981 denial of
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contentions and direct that they be admitted for hearing in-this proceeding.
DATED: November 6, 1981 Respectfully submitted, JOEL R. REYNOLDS, ESQ.
JOHN R. PHILLIPS, ESQ.
Center for Law in the Public Interest 10951 W. Pico. Boulevard Los Angeles, CA. 90064 (213)470-3000 DAVID S. FLEISCHAKER, ESQ.
-P. O. Box 1178 Oklahoma City, OK 73101 By ,
pLR. REYdDLfS Attorneys for Joint-Inter-
.venors SAN LUIS OBISPO MOTHERS FOR PEACE SCENIC SHORELINE PRESERVATION CONFERENCE, INC.
ECOLOGY ACTION CLUB SANDRA SILVER ELIZABETH APFELBERG JOHN J. FORSTER e
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of )
)
PACIFIC GAS AND ELECTRIC COMPANY ) Docket Nos. 50-275 0.L.
) 50-323 0.L.
(Diablo Canyon Nuclear Power )
Plant, Units 1 and 2) )
)
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CERTIFICATE OF SERVICE I hereby certify that on this 6th day of November, 1981, I have served copies of the foregoing BRIEF IN SUPPORT OF REQUEST FOR REVERSAL OF ATOMIC SAFETY AND LICENSING BOARD'S AUGUST 4, 1981 MEMORANDUM AND ORDER, mailing them through the U. S. mails, first class, postage prepaid.
Admin. Judge John F. Wolf,
- Docket & Service Branch Chairman Office of the Secretary Atomic Safety & Licensing U.S. Nuclear Regulatory Board Commission U. S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555
Marc R. Staenberg, Esq.
Glenn O. Bright Edward G. Ketchen, Esq.
Atomic Safety & Licensing Office of the Executive Legal Board Director - BETH 042 U S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555
4 Dr. Jerry R. Kline Nancy Culver Atomic Safety & Licensing 192 Luneta Board San Luis Obispo, CA 93401 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Fredrick Eissler *Malcolm H. Furbrush, Esq.
Scenic Shoreline Preservation Vice President and General Conference, Inc. Counsel 4623 More Mesa Drive Philip A. Crane, Esq.
Santa Barbara, CA 93105 Pacific Gas & Electric Company 77 Beale St., 3lst Floor Sandra A. Silver San Francisco, CA 94106 Gordon Silver 1760 Alisal Street Arthur C. Gehr, Esq.
San Luis Obispo, CA 93401 Snell & Wilmer 3100 Valley Center David S. Fleischaker, Esq. Phoenix, AZ 85073 P. O. Box 1178 oklahoma City, OK 73101 Carl Neiburger Telegram Tribune
- Bruce Norton, Esq. P. O. Box 112 3216 N. Third Street San Luis Obispo, CA 93402 Suite 202 Phoenix, AZ 85012 Byron Georgiou, Esq.
Legal Affairs Secretary to Janice E. Kerr, Esq. the Governor Lawrence Q. Garcia, Esq. State Capitol Building J. Calvin Simpson, Esq. Sacramento, CA 95814 California Public Utilities Commission Lawrence Coe Lanpher, Esq.
5246 State Building Hill, Christopher & Phillips 350 McAllister Street 1900 M. Street, N.W.
San Francisco, CA 94102 Washington, D.C. 20036 MHB Technical Associates *Dr. John H. Buck 1723 Hamilton Avenue Atomic Safety & Licensing Suite K Appeal Board San Jose, CA 95725 U.S. Nuclear Regulatory Comm'n.
Washington, D.C. 20055
- Thomas S. Moore, Chairman Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Comm'n.
Washington, D.C. 20055
- Dr. W. Reed Johnson \ JA . prp Atomic Safety & Licensing L R. REyNOLDS, y ESQ.
Appeal Board U.S. Nuclear Regulatory Comm'n.
Washington, D.C. 20055