ML040780207

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Issuance of Materials License SNM-2511 for Diablo Canyon ISFSI
ML040780207
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 03/22/2004
From: John Monninger
NRC/NMSS/SFPO/SLID
To: Womack L
Pacific Gas & Electric Co
Hall J NMSS/SFPO (301) 415-1336
Shared Package
ML040780107 List:
References
+sispmjr200505, -RFPFR, TAC L23399
Download: ML040780207 (6)


Text

March 22, 2004 Mr. Lawrence F. Womack Vice President, Nuclear Services Diablo Canyon Power Plant P.O. Box 56 Avila Beach, CA 93424

SUBJECT:

ISSUANCE OF MATERIALS LICENSE NO. SNM-2511 FOR THE DIABLO CANYON INDEPENDENT SPENT FUEL STORAGE INSTALLATION (TAC NO. L23399)

Dear Mr. Womack:

By letter dated December 21, 2001, as supplemented, the Pacific Gas and Electric Company (PG&E) submitted an application to the U.S. Nuclear Regulatory Commission (NRC) requesting a site specific license in accordance with 10 CFR Part 72 for an Independent Spent Fuel Storage Installation (ISFSI) at the Diablo Canyon Power Plant. Based on our review of your application, as revised and supplemented, the NRC staff has determined that there is reasonable assurance that: (i) the activities authorized by the license can be conducted without endangering the health and safety of the public and (ii) these activities will be conducted in compliance with the applicable regulations of 10 CFR Part 72. The staff has further determined that the issuance of the license will not be inimical to the common defense and security.

Materials License No. SNM-2511 is hereby issued to the Pacific Gas and Electric Company, pursuant to 10 CFR Part 72. A copy of the license is enclosed. Issuance of this license constitutes authorization for a 20-year term to receive, possess, store, and transfer spent fuel and associated radioactive materials resulting from the operation of the Diablo Canyon Power Plant in an independent spent fuel storage installation to be located on the plant site in San Luis Obispo County, California. All future communications regarding this license should refer to License No. SNM-2511, Docket No. 72-26.

The Diablo Canyon ISFSI license contains license conditions and Technical Specifications that shall be met in order to comply with NRC regulations. These items have been discussed and reviewed with Mr. Terry Grebel of your staff. License Condition 16 grants the requested exemption from the provisions of 10 CFR 72.72(d), with respect to maintaining a duplicate set of spent fuel storage records. PG&E may maintain a single set of ISFSI records in a records storage facility that satisfies the standards of ANSI N45.2.9-1974. All other requirements of 10 CFR 72.72(d) must be met. By letter dated January 16, 2004, PG&E submitted revisions to the proposed Diablo Canyon ISFSI Technical Specifications, in order to address the NRC staff position described in Interim Staff Guidance Document ISG-11, Revision 3, issued on November 17, 2003. The final Technical Specifications reflect these changes, which limit the storage of spent fuel in the Diablo Canyon ISFSI to low burnup assemblies, defined as fuel assemblies with a maximum average burnup of less than or equal to 45,000 megawatt days per metric ton of uranium.

On February 3, 2004, the NRC staff issued its approval of changes to the Diablo Canyon Physical Security Plan. These changes reflect the incorporation of appropriate features,

L. Womack measures and procedures to address the ISFSI. The revised Plan and the staffs security evaluation contain Safeguards information and are therefore withheld from public disclosure.

In conjunction with the issuance of this license, the staff published a Notice of Issuance of Environmental Assessment and Finding of No Significant Impact for the Diablo Canyon Independent Spent Fuel Storage Installation in the Federal Register on October 30, 2003 (68 FR 61838). The staffs Environmental Assessment, which was sent to you on October 24, 2003, concluded that there are no significant radiological or non-radiological impacts associated with the proposed action, and that issuance of a license for the interim storage of spent nuclear fuel at the Diablo Canyon ISFSI will have no significant impact on the quality of the human environment.

On February 11, 2004, the NRC staff transmitted the preliminary license and Safety Evaluation Report for the Diablo Canyon ISFSI for your review. PG&E provided comments in a letter dated February 27, 2004. Your comments have been considered and incorporated, as appropriate, in the enclosed final Safety Evaluation Report for the Diablo Canyon ISFSI. Also enclosed is a copy of the Notice of Issuance which has been transmitted to the Office of the Federal Register for publication.

Please contact me at (301) 415-8540, or James R. Hall of my staff at (301) 415-1336, if you have any questions regarding issuance of this license.

Sincerely,

/RA/

John D. Monninger, Chief Licensing Section Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards Docket No. 72-26 (50-275, -323)

TAC No. L23399

Enclosures:

1. Materials License No. SNM-2511
2. Safety Evaluation Report
3. Federal Register Notice of Issuance cc: Mailing List (w/enclosures)

L. Womack measures and procedures to address the ISFSI. The revised Plan and the staffs security evaluation contain Safeguards information and are therefore withheld from public disclosure.

In conjunction with the issuance of this license, the staff published a Notice of Issuance of Environmental Assessment and Finding of No Significant Impact for the Diablo Canyon Independent Spent Fuel Storage Installation in the Federal Register on October 30, 2003 (68 FR 61838). The staffs Environmental Assessment, which was sent to you on October 24, 2003, concluded that there are no significant radiological or non-radiological impacts associated with the proposed action, and that issuance of a license for the interim storage of spent nuclear fuel at the Diablo Canyon ISFSI will have no significant impact on the quality of the human environment.

On February 11, 2004, the NRC staff transmitted the preliminary license and Safety Evaluation Report for the Diablo Canyon ISFSI for your review. PG&E provided comments in a letter dated February 27, 2004. Your comments have been considered and incorporated, as appropriate, in the enclosed final Safety Evaluation Report for the Diablo Canyon ISFSI. Also enclosed is a copy of the Notice of Issuance which has been transmitted to the Office of the Federal Register for publication.

Please contact me at (301) 415-8540, or James R. Hall of my staff at (301) 415-1336, if you have any questions regarding issuance of this license.

Sincerely,

/RA/

John D. Monninger, Chief Licensing Section Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards Docket No. 72-26 (50-275, -323)

TAC No. L23399

Enclosures:

1. Materials License No. SNM-2511
2. Safety Evaluation Report
3. Federal Register Notice of Issuance cc: Mailing List (w/enclosures)

Distribution:

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NAME JRHall EZiegler EKeegan JSolis CBajwa CBrown DATE 3/08/04 3/09/04 3/10/04 3/11/04 3/11/04 3/09/04 OFC SFPO E

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NAME HLee CWithee JGuttmann SLewis JMonninger DATE 3/09/04 3/10/04 3/16/04 3/10/04 3/22/04 C = Cover C = Cover E = Cover & Enclosure N = No copy OFFICIAL RECORD COPY

cc:

NRC Resident Inspector Diablo Canyon Nuclear Power Plant c/o U.S. Nuclear Regulatory Commission P.O. Box 369 Avila Beach, CA 93424 Dr. Richard Ferguson, Energy Chair Sierra Club California 1100 11th Street, Suite 311 Sacramento, CA 95814 Diane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P 1726 M Street N.W., Suite 600 Washington, D.C. 20036 Rochelle Becker San Luis Obispo Mothers for Peace 1037 Ritchie Rd.

Grover Beach, CA 93433 Chairman, San Luis Obispo County Board of Supervisors County Government Center 1050 Monterey Avenue, Room 370 San Luis Obispo, CA 93408 Mr. Truman Burns Mr. Robert Kinosian California Public Utilities Commission 505 Van Ness, Room 4102 San Francisco, CA 94102 Mr. Steve Hsu Radiologic Health Branch State Department of Health Services P.O. Box 942732 Sacramento, CA 94327-7320 Diablo Canyon Independent Safety Committee ATTN: Robert R. Wellington, Esq.

Legal Counsel 857 Cass Street, Suite D Monterey, CA 93940 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Harris Tower & Pavilion 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 Christopher J. Warner, Esq.

Pacific Gas & Electric Company Post Office Box 7442 San Francisco, CA 94120 Mr. David H. Oatley, Vice President Diablo Canyon Operations and Plant Manager Diablo Canyon Nuclear Power Plant P.O. Box 3 Avila Beach, CA 93424 Telegram-Tribune ATTN: Managing Editor 1321 Johnson Avenue P.O. Box 112 San Luis Obispo, CA 93406 Mr. Ed Bailey, Radiation Program Director Radiologic Health Branch State Department of Health Services P.O. Box 942732 (MS 178)

Sacramento, CA 94327-7320 Mr. James D. Boyd, Commissioner California Energy Commission 1516 Ninth Street (MS 31)

Sacramento, CA 95814 Ms. Charlotte Alexander Vice President, Special Projects Green Car Group 1241 Johnson Avenue #356 San Luis Obispo, CA 93401 Ellen Carroll Environmental Coordinator Department of Planning and Building County of San Luis Obispo County Government Center, Room 310 San Luis Obispo, CA 93408 The Honorable Lois Capps Member, United States House of Representatives ATTN: Greg Hass, District Representative 1411 Marsh Street San Luis Obispo, CA 93401 Darcie L. Houck, Staff Counsel California Energy Commission 1516 Ninth Street (MS 14)

Sacramento, CA 95814-5512

Lorraine Kitman P.O. Box 1026 Grover Beach, CA 93483 County Supervisor Peg Pinard County Government Center 1050 Monterey Avenue San Luis Obispo, California 93408 David A. Repka Brooke D. Poole Winston & Strawn 1400 L Street N.W.

Washington, D.C. 20005-3502 James B. Lindholm, Jr. Esq.

County Counsel for San Luis Obispo County County Government Center 1050 Monterey Avenue, Room 386 San Luis Obispo, CA 93408 Laurence G. Chaset Legal Division California Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94102 Karla Bittner, Chairman Ted Ivarie, Vice-Chair Marylou Gooden, Secretary Avila Valley Advisory Council P.O. Box 65 Avila Beach, CA 93424 Klaus Schumann Mary Jane Adams 26 Hillcrest Drive Paso Robles, CA 93446 Robert K. Temple, Esq.

2524 N. Maplewood Avenue Chicago, IL 60647 John L. Wallace General Manager & District Engineer Avila Beach Community Services District P.O. Box 309 Avila Beach, CA 93424 Barbara Byron, Nuclear Policy Advisor California Energy Commission 1516 Ninth Street Sacramento, CA 95814