ML20010C818

Response to Commission 810810 Briefing on Uncontested Issues of Low Power OL License Application.No Significant Comments to Be Made.Disagrees W/Allowing Ex Parte Communications W/ Party on Rejected Contentions.Certificate of Svc Encl

ML20010C818
Person / Time
Site:	Diablo Canyon
Issue date:	08/17/1981
From:	Locke R PACIFIC GAS & ELECTRIC CO.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8108210045
Download: ML20010C818 (5)

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UNITED STATES OF AMERICA ,,,

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NUCLEAR REGULATORY COMMISSION ,, ^UC j 9 Jgg- --

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Y,.

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) Docket Nos. 50-275 O. .

PACIFIC CAS AND ELECTRIC COMPANY ) 50-323 u (Diablo Canyon Nuclear Power Plant, Unit Nos. 1 and 2)

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RESPONSE OF PACIFIC GAS AND ELECTRIC COMPANY OI D RE COMMISSION BRIEFING ON UNCONTESTED ISSUES bM,g S i

OF DIABLO CANYON LOW-POWER OPERATING  % ge ,

LICENSE APPLICATION '

On August 10, 1981 the Commission held an open meeting for sL W the purpose of a Staff briefing on uncontested issues with

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4 respect to Pacific Gas and Electric Company's ("PGandE")

3 application for a low power operating license. At that meeting 1

4 the Commission's General Counsel, Mr. Leonard Bickwit, identified contested issues which would not be discussed. Additionally,

Mr. Bickwit announced the receipt of letters from Messrs, t

i Brown and Fleishaker, attorneys for Governor Brown and Joint Intervenors, protesting Commission discussion at the meeting 4

of any contention which had been rejected by the Atomic Safety and Licensing Board.

On August 12, 1981 the Commission issued an invitation

to the parties to comment, if they wished, upon "...any discussion [at the August 10, 1981 meeting] which touched 3 I

{)$O5 upon issues relevant to contentions of Joint Intervenors or

, subjects of Governor Erown which were rejected as matters in I(

controversy by the Licensing Board and remain subject _to 8108210045 810817 '1 PDR ADOCK 050CO275 C PDR.

- . ._. _ _ . . . .-- ._ .= . __ . . . , ,

W 1 appeal." (Emphasis supplied). As we read the request for comments it is directed solely to rejected concentions insofar as they were raised and discussed at the meeting.

We have received the tr^nscript of the meeting and determined that the Staff presentation essentially discussed matters contained in the Safety Evaluation Report, Supplements 10 and 12. Moreover, there were only a few instances where the Staff presentation or questions from the Commission arguably touched upon matters pertaining to rejected contentions of the Joint Intervenors or subjects of the Governor.

Our review disclosed that we have nn significant comments to make at this time in response to discussions had on these particular matters.

However, there is another matter which arose during the meeting which has caused a great deal of concern to PGandE and that relates to the advice given Commiesion Bradford in response to his inquiry whether ex parte communications could be had with any of the parties on rejected contentions.

Mr. Bickwit opined that such ex parte contacts re rejected contentions would be appropriate. We disagree.

We believe there is a meaningful distinction between the Commission conducting an rpen meeting with the Staff, which is transcribed by a reporter, and attended by the public and

M the parties and an ex parte unannounced, private meeting I of Commissioners with only one of the parties. Such a meeting involving " substantive" as opposed to " procedural" issues i would contravene the intent and spirit of the ex parte 1

communication provisions of 10 C.F.R. 2.780.

i

We urge that this matter be resolved expeditiously to aviid any misunderstand among the parties regarding application of the ex parte rule in this proceeding.

1 i Respectfully submitted,

MALCOLM H. FURBUSH

-, PHILIP A. CRANE, JR. '

RICHARD F. LOCKE Pacific Gas and Electric Company.

l P. O. Box 7442 San Francisco, California 94120(415) 781-42 ARTHUR C. GEHR '

j Snell & Wilmer j 3100 Valley Center j Phoenix, Arizona 85073 j (602) 257-7288 i

j BRUCE NORTON 4

3216 N. Third Street

Suite 300 l Phoenix, Arizona 85012 1 (602) 264-0033 4

Attorneys for Pacific and Electric Company By -

' 'Richdfd F.'7L6cke l DATED: August 17, 1901 i

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• UNITED STATES OF AMERICA

... NUCLEAR REGULATORY COMMISSION l I

t In the Matter of )

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PACIFIC GAS AND ELECTRIC COMPANY ) Docket No. 50-2 75 Units 1 and 2

) Docket No. 50-323

)

Diablo Canyon Power Plant ) (Low Power Test Proceeding) ,.

)

)

CERTIFICATE OF SERVICE The foregoing document of Pacific Gas and Electric Company hac mail, been served today on the following by deposit in the United States properly stamped and address 3d:

Judge John F. Wolf Chairman Mrs. Sandra A. Silver Atomic Safety and Licensing Board 1760 Alisal Street San Luis Obispo, California 93401 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. Gordon Silver Judge Glenn O. Bright 1760 Alisal Street Atomic Safety and Licensing Board San Luis Obispo, California 93401 U. S. Nuclear Regulatory Commission John Phillips, Esq.

W2chington, D. C. 20555 Joel Reynolds, Esq.

Judge Jerry R. Kline Center for Law in the Piblic Interest Atomic Safety and Licensing Board 10203 Santa Monica Drive Los Angeles, California 90067 U. S. Nuclear Regulatory Commission W2chington, D. C. 20555 David F. Fleischaker, Esq.

Mrc. Elizabeth Apfelberg 1735 Eye Street, N.W.

! C/o Nancy Culver Suite 709 192 Luneta Drive Washington, D. C. 20006 Sen luis Obispo, California 93401 Arthur C. Gehr, Esq.

Jcnice E. Kerr, Esq. Snell & Wilmer 3100 Valley Bank Center Public Utilities Commission Phoenix, Arizona 85073 1

of the State of California l 5246 State Building Bruce Norton, Esq.

350 McAllister Street Norton, Burke, Berry e Junck Sun Francisco, California 94102 3216 North Third Street Mro. Raye Fleming Suite 300 1920 Mattie Road Phoenix, Arizona 85012 Shall Beach, California 93449 Chairman Mr. Frederick Eissler Atomic Safety and Licensing Board Panel Scanic Shoreline Preservation U. S. Nuclear Regulatory Commission Conference, Inc.

Washington, D. C. 20555 4623 More Mesa Drive Santo Barbara, California 93105

4 ChOirman Richard S. Salzman, Esq.

Atomic Safety and Licensing Chairman Appeal Panel Ato aic Saf aty and Licensing U. S. Nuclear Regulatory Commission Appeal Board W2chington, D. C. 20555 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 ,.

S crotary U. S. Nuclear Regulatory Commission Dr. W. Reed Johnson W2chington, D. C. 20555 Atomic Safety and Licensing Appeal Board Attn.: Docketing and Service Section U. S. Nuclear Regulatory Commission Washington, D. C. 20555 William J. Olmstead, Esq.

Ch2rles Barth, Esq. Dr. John H. Buck Edw2rd G. Ketchen, Esq. Atomic Safety and Licensing Lucinda Low Swartz, Esq. Appeal Board Office of Executive Legal Director U. S. Nuclear Regulatory Commission CETH 042 Washington, D. C. 20555 U. S. Nuclear Regulatory Commission W2chington, D. C. 20555 Mr. Nunzio Palladino Chairman of_the Commission Mr. Richard B. Hubbard U. S. Nuclear Regulatory Commissi*n o

MHB Technical Associates Washington, D. C. 20555 1723 ;;amilton Annue, Suite K S2n Jose, California 95125 Mr. Peter Bradford Commissioner Mr. Carl Neiberger U. S. Nuclear Regulatory Commission Talerfram Tribune Washington, D. C. 20555 P. O. Box 112 S2n Luis Obispo, California 93402 Mr. John Ahen.rne Commissioner Harb3rt H. Brown, Esq. U.S. Nuclear Regulatory Commission Lt.wrcnce Coe Lanpher, Esq. Washington, O. C. 20555 Chrictopher B. Hanback, Esq.

Hill, Christopher & Phillips Mr. Thomas E.;berts 1900 M Street, N.W. Commissioner Wachington, D. C. 20036 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Dyron S. Georgiou, Esq.

Deputy Legal Affairs SNretary Mr. Victor Gilinsky Governor'a Office Commissioner Stato Capitol U.S. Nuclear Regulatory Commission Stcramento, California 95814 Washington, D. C. 20555

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// "

• Richard'F. Loc'ke '

Attorney Pacific Gas and Electric Company Dato: August 17, 1981