ML11294A391

LTR-11-0539 - Ltr. to Doreen Farr, County of Santa Barbara Board of Supervisors, from Annette Vietti-Cook Responds to Ltr. Concerning the Halt of Activities Pertaining to the License Renewal Process for Diablo Canyon

ML11294A391
Person / Time
Site:	Diablo Canyon
Issue date:	11/02/2011
From:	Annette Vietti-Cook NRC/SECY
To:	Farr D Santa Barbara County, CA, Board of Supervisors
Shared Package
ML11285A321	List: ML11285A318 ML11294A391
References
LTR-11-0539
Download: ML11294A391 (2)

Text

November 2, 2011 Ms. Doreen Farr Vice Chair County of Santa Barbara Board of Supervisors 105 East Anapamu Street Santa Barbara, California 93101

Dear Ms. Farr:

I am responding to your letter of September 7, 2011, asking the Commission to halt activities pertaining to the license renewal process for Diablo Canyon Nuclear Power Plant Units 1 and 2 and requesting the Commissions consideration of the need for independent input into the Commissions risk analysis for the Diablo Canyon facility.

In a letter to the Nuclear Regulatory Commission (NRC) dated April 10, 2011, Pacific Gas and Electric Company (PG&E) requested that the NRC confirm that it would delay the final processing of the license renewal application such that the renewed operating licenses, if approved, would not be issued until after PG&E completed the three-dimensional (3D) seismic studies and submitted a report to the NRC addressing the results of those studies. PG&E stated that it believes it would be prudent to complete the 3D seismic studies prior to the issuance of the coastal consistency certification that is required by the Coastal Zone Management Act (CZMA). PG&E indicated that the 3D studies and the report addressing the study results are expected to be completed by December 2015. On April 12, 2011, counsel for PG&E sent a letter to the NRCs Atomic Safety and Licensing Board confirming the statements in the letter of April 10, 2011, but stating that PG&E has not requested any suspension or delay in the NRC staffs ongoing safety and environmental reviews of the [Diablo Canyon] license renewal application and that PG&E also is not requesting any delay in the schedule for this licensing hearing process (ML111020618).

The current status of the NRCs license renewal review schedule for Diablo Canyon reflects and incorporates the time needed to complete the 3D seismic studies. On May 31, 2011, the NRC staff responded to PG&Es letter dated April 10, 2011 acknowledging the request for deferral (ML11138A315). As a result of PG&Es requested deferral of issuance of renewed operating licenses for the Diablo Canyon nuclear power plants, the NRC staff updated the staffs review schedule and milestones to reflect the delays in the license review process associated with the projected completion of the 3-D seismic studies and the CZMAs coastal consistency certification. While the staff review schedule delays are not a stay or suspension of the license renewal process, the revised review schedule allows for time to consider information resulting from the anticipated three-dimensional seismic studies and final report. Furthermore, the adjudication for the license renewal will be delayed until the 3D seismic studies have been completed, per the notice from the Atomic Safety and Licensing Board (ASLB) to the Commission on June 7, 2011 (ML111580337). The ASLB previously estimated that the delay could be approximately 52 months, which is consistent with the staffs revised licensing schedule. The NRC staffs licensing schedule for Diablo Canyon can be found on the NRC

public web page. That schedule of course is subject to change depending upon when in fact PG&E completes the 3D seismic studies and submits it to the NRC.

Your letter also requested the suspension of the renewed licensing activities pertaining to the Diablo Canyon facility, until all seismic studies are completed, analyzed, and publicly reported.

Since the extent and adequacy of seismic studies may be a matter that could be before the Commission in its adjudicatory capacity, it would be inappropriate for the Commission to comment on that aspect of your letter.

Regarding your request that the Commission consider the need for transparent and independent input from experts outside the regulatory agencies and from government oversight entities into any risk analysis for the Diablo Canyon facility, the Commissions procedures provide opportunities for stakeholder input to the NRC staff in the form of comments to the NRCs draft supplemental environmental impact statement (DEIS) for Diablo Canyon. In addition, a person who is not a party to a proceeding has the opportunity under the Commission procedures to make a limited appearance to provide oral or written comments and input to the ASLB conducting the adjudicatory process. Such persons include any political entity within a state. Furthermore, technical review is provided by the Advisory Committee on Reactor Safeguards, an independent panel of experts that separately advises the Commission on matters related to nuclear safety.

Please be assured that, should information at any time, show that there is a basis to question the continued safe operation of the Diablo Canyon facility, the NRC will take appropriate action as part of the agencys ongoing safety oversight. If you have any additional questions, please contact me or Mr. Eliot Brenner, Director of the Office of Public Affairs, at (301) 415-8200.

Sincerely,

/RA Andrew L. Bates for/

Annette Vietti-Cook