ML16112A036

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LTR-16-0166 Mark Numainville, Region IV Response - Berkeley City Council Resolution No. 67,372-N.S
ML16112A036
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 04/20/2016
From: Dapas M
NRC/RGN-IV/DRP/RPB-A
To: Numainville M
City of Berkeley, CA
Groom J
References
Download: ML16112A036 (4)


Text

April 20, 2016 Mr. Mark Numainville, City Clerk City of Berkeley, City Clerk Department 2180 Milvia Street Berkeley, CA 94704

SUBJECT:

BERKELEY CITY COUNCIL RESOLUTION NO. 67,372-N.S.

Dear Mr. Numainville:

The U.S. Nuclear Regulatory Commission (NRC) is in receipt of your February 16, 2016, letter that included Berkeley City Council Resolution No. 67,372-N.S. adopted on February 9, 2016.

In the Resolution, the Council, in part, called on the NRC to reject the license renewal of the Diablo Canyon Nuclear Power Plant and to create a plan to shut down the Diablo Canyon reactors.

The NRCs mission is to ensure the safe and secure operations of all 100 nuclear power plants in the United States, including Diablo Canyons two units. Based on our independent inspection and oversight of the Diablo Canyon facility, the NRC continues to assess that Pacific Gas and Electric (PG&E) is operating the units safely and in accordance with Federal regulations and requirements. The seismic safety of Diablo Canyon has been, and continues to be, extensively evaluated by PG&E and reviewed by the NRC. While the seismic design at Diablo Canyon is complex, the NRC continues to conclude that the structures, systems, and components necessary for safely shutting down both reactors and maintaining them in a safe shutdown condition will remain functional following a seismic event, including ground motions occurring from the Hosgri and Shoreline faults located near the Diablo Canyon site.

Following the events in 2011 impacting the reactors at Fukushima, Japan, the NRC required all U.S. nuclear power plants, including Diablo Canyon, to reassess site-specific seismic and flooding hazards. The licensee, PG&E, complied with these actions, which were ordered by the NRC, and in particular, provided the re-evaluated seismic hazard information for Diablo Canyon in 20151. The NRC staff completed a preliminary review of the licensees re-evaluated seismic hazard2, and determined that the evaluation is of sufficient quality and suitable for use in the development of a revised seismic probabilistic risk assessment (SPRA) for the station. The SPRA is due for submittal to the NRC by September 30, 2017. The NRC staff continues to assess the new information gained from these hazard re-evaluations to determine if further actions are warranted. However, to date, neither the licensee nor the NRC have identified concerns with the re-evaluated seismic hazard which would call into question the licensees ability to safely shut down the Diablo Canyon reactors following a seismic event.

1 Available in the NRCs Agencywide Documents Access and Management System (ADAMS) Accession Nos. ML15071A046, ML15224B575, ML15259A600, ML15349A874, and ML15362A569.

2 See letter from NRC to PG&E, dated January 28, 2016 (ADAMS Accession NO. ML15365A530).

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION IV 1600 E. LAMAR BLVD.

ARLINGTON, TX 76011-4511

The Councils Resolution included additional requests for NRC action. First, the Resolution called on the NRC to reject the license renewal of the Diablo Canyon Power Plant. As described on our website3, the NRC has been reviewing PG&Es license renewal application for Diablo Canyon since 2009. The NRC plans to issue the Draft Supplemental Environmental Impact Statement in August 2016, followed by a public comment period and public meeting. My staff forwarded the Berkeley City Councils Resolution to the applicable staff at NRC Headquarters responsible for the license renewal process requesting its inclusion during the upcoming public comment period. Further, I encourage you and/or the Council to participate in the Diablo Canyon license renewal process through public meetings and comment periods.

The Resolution also requests the [NRC] to create a plan to shut down the Diablo Canyon reactors, at least until a satisfactory federal [sic] and state investigation has been conducted to evaluate the ability of Diablo Canyon to withstand an earthquake and until its owners have installed the necessary equipment to come into compliance with the law, and have demonstrated that they are doing so. This request would entail the NRC take enforcement action to modify, suspend, or revoke the license for Diablo Canyon. The NRCs regulations in Title 10 of the Code of Federal Regulations Part 2.206 (10 CFR 2.206) provide processes for requests of this nature. As such, my staff has also forwarded the Berkeley City Council Resolution to the applicable staff at NRC Headquarters responsible for implementing the 10 CFR 2.206 process4, and requested that they contact you to determine if you wish to proceed with a formal petition.

The NRC appreciates and welcomes the engagement of the public and local officials in our processes as we oversee the operation of commercial nuclear power reactors. The NRC continuously assesses the manner in which PG&E is operating the Diablo Canyon reactor facility to ensure that it is operated safely and in accordance with all applicable Federal regulations. If you have any questions regarding the NRCs oversight of Diablo Canyon Nuclear Power Plant, please contact Mr. Jeremy Groom of my staff at (817) 200-1148.

Sincerely,

/RA/

Marc L. Dapas Regional Administrator Docket Nos. 05000275, 05000323 License Nos. DPR-80, DPR-82 3 http://www.nrc.gov/reactors/operating/licensing/renewal/applications/diablo-canyon.html 4 Further information on the 10 CFR 2.206 petition process may be found at http://www.nrc.gov/about-nrc/regulatory/enforcement/petition.html.

ML16112A036 SUNSI Review By: RDA ADAMS Yes No Publicly Available Non-Publicly Available Non-Sensitive Sensitive OFFICE DRP/RPBA DRP/DD RIV/ORA NAME JGroom TPruett MDapas SIGNATURE

/RA/

/RA/

/RA/

DATE 4/18/16 4/19/16 4/20/16

Letter to Mark Numainville from Marc L. Dapas dated April 20, 2016

SUBJECT:

BERKELEY CITY COUNCIL RESOLUTION NO. 67,372-N.S.

DISTRIBUTION:

Regional Administrator (Marc.Dapas@nrc.gov)

Deputy Regional Administrator (Kriss.Kennedy@nrc.gov)

DRP Director (Troy.Pruett@nrc.gov)

DRP Deputy Director (Ryan.Lantz@nrc.gov)

DRS Director (Anton.Vegel@nrc.gov)

DRS Deputy Director (Jeff.Clark@nrc.gov)

Acting Senior Resident Inspector (John.Reynoso@nrc.gov)

Acting Resident Inspector (Michael.Stafford@nrc.gov)

Administrative Assistant (Madeleine.Arel-Davis@nrc.gov)

Branch Chief, DRP/A (Jeremy.Groom@nrc.gov)

Senior Project Engineer, DRP/A (Ryan.Alexander@nrc.gov)

Project Engineer, DRP/A (Matthew.Kirk@nrc.gov)

Project Engineer, DRP/A (Thomas.Sullivan@nrc.gov)

Public Affairs Officer (Victor.Dricks@nrc.gov)

NRR/DLR Project Manager (Michael.Wentzel@nrc.gov)

NRR/DORL Project Manager (Balwant.Singal@nrc.gov)

Team Leader, DRS/IPAT (Thomas.Hipschman@nrc.gov)

Regional Counsel (Karla.Fuller@nrc.gov)

Regional State Liaison Officer (Bill.Maier@nrc.gov)

Congressional Affairs Officer (Jenny.Weil@nrc.gov)

RIV Congressional Affairs Officer (Angel.Moreno@nrc.gov)

RIV/ETA: OEDO (Jeremy.Bowen@nrc.gov)

RidsEDOMailCenter.Resource@nrc.gov RidsSECYMailCenter.Resource@nrc.gov

April 20, 2016 Mr. Mark Numainville, City Clerk City of Berkeley, City Clerk Department 2180 Milvia Street Berkeley, CA 94704

SUBJECT:

BERKELEY CITY COUNCIL RESOLUTION NO. 67,372-N.S.

Dear Mr. Numainville:

The U.S. Nuclear Regulatory Commission (NRC) is in receipt of your February 16, 2016, letter that included Berkeley City Council Resolution No. 67,372-N.S. adopted on February 9, 2016.

In the Resolution, the Council, in part, called on the NRC to reject the license renewal of the Diablo Canyon Nuclear Power Plant and to create a plan to shut down the Diablo Canyon reactors.

The NRCs mission is to ensure the safe and secure operations of all 100 nuclear power plants in the United States, including Diablo Canyons two units. Based on our independent inspection and oversight of the Diablo Canyon facility, the NRC continues to assess that Pacific Gas and Electric (PG&E) is operating the units safely and in accordance with Federal regulations and requirements. The seismic safety of Diablo Canyon has been, and continues to be, extensively evaluated by PG&E and reviewed by the NRC. While the seismic design at Diablo Canyon is complex, the NRC continues to conclude that the structures, systems, and components necessary for safely shutting down both reactors and maintaining them in a safe shutdown condition will remain functional following a seismic event, including ground motions occurring from the Hosgri and Shoreline faults located near the Diablo Canyon site.

Following the events in 2011 impacting the reactors at Fukushima, Japan, the NRC required all U.S. nuclear power plants, including Diablo Canyon, to reassess site-specific seismic and flooding hazards. The licensee, PG&E, complied with these actions, which were ordered by the NRC, and in particular, provided the re-evaluated seismic hazard information for Diablo Canyon in 20151. The NRC staff completed a preliminary review of the licensees re-evaluated seismic hazard2, and determined that the evaluation is of sufficient quality and suitable for use in the development of a revised seismic probabilistic risk assessment (SPRA) for the station. The SPRA is due for submittal to the NRC by September 30, 2017. The NRC staff continues to assess the new information gained from these hazard re-evaluations to determine if further actions are warranted. However, to date, neither the licensee nor the NRC have identified concerns with the re-evaluated seismic hazard which would call into question the licensees ability to safely shut down the Diablo Canyon reactors following a seismic event.

1 Available in the NRCs Agencywide Documents Access and Management System (ADAMS) Accession Nos. ML15071A046, ML15224B575, ML15259A600, ML15349A874, and ML15362A569.

2 See letter from NRC to PG&E, dated January 28, 2016 (ADAMS Accession NO. ML15365A530).

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION IV 1600 E. LAMAR BLVD.

ARLINGTON, TX 76011-4511

The Councils Resolution included additional requests for NRC action. First, the Resolution called on the NRC to reject the license renewal of the Diablo Canyon Power Plant. As described on our website3, the NRC has been reviewing PG&Es license renewal application for Diablo Canyon since 2009. The NRC plans to issue the Draft Supplemental Environmental Impact Statement in August 2016, followed by a public comment period and public meeting. My staff forwarded the Berkeley City Councils Resolution to the applicable staff at NRC Headquarters responsible for the license renewal process requesting its inclusion during the upcoming public comment period. Further, I encourage you and/or the Council to participate in the Diablo Canyon license renewal process through public meetings and comment periods.

The Resolution also requests the [NRC] to create a plan to shut down the Diablo Canyon reactors, at least until a satisfactory federal [sic] and state investigation has been conducted to evaluate the ability of Diablo Canyon to withstand an earthquake and until its owners have installed the necessary equipment to come into compliance with the law, and have demonstrated that they are doing so. This request would entail the NRC take enforcement action to modify, suspend, or revoke the license for Diablo Canyon. The NRCs regulations in Title 10 of the Code of Federal Regulations Part 2.206 (10 CFR 2.206) provide processes for requests of this nature. As such, my staff has also forwarded the Berkeley City Council Resolution to the applicable staff at NRC Headquarters responsible for implementing the 10 CFR 2.206 process4, and requested that they contact you to determine if you wish to proceed with a formal petition.

The NRC appreciates and welcomes the engagement of the public and local officials in our processes as we oversee the operation of commercial nuclear power reactors. The NRC continuously assesses the manner in which PG&E is operating the Diablo Canyon reactor facility to ensure that it is operated safely and in accordance with all applicable Federal regulations. If you have any questions regarding the NRCs oversight of Diablo Canyon Nuclear Power Plant, please contact Mr. Jeremy Groom of my staff at (817) 200-1148.

Sincerely,

/RA/

Marc L. Dapas Regional Administrator Docket Nos. 05000275, 05000323 License Nos. DPR-80, DPR-82 3 http://www.nrc.gov/reactors/operating/licensing/renewal/applications/diablo-canyon.html 4 Further information on the 10 CFR 2.206 petition process may be found at http://www.nrc.gov/about-nrc/regulatory/enforcement/petition.html.

ML16112A036 SUNSI Review By: RDA ADAMS Yes No Publicly Available Non-Publicly Available Non-Sensitive Sensitive OFFICE DRP/RPBA DRP/DD RIV/ORA NAME JGroom TPruett MDapas SIGNATURE

/RA/

/RA/

/RA/

DATE 4/18/16 4/19/16 4/20/16

Letter to Mark Numainville from Marc L. Dapas dated April 20, 2016

SUBJECT:

BERKELEY CITY COUNCIL RESOLUTION NO. 67,372-N.S.

DISTRIBUTION:

Regional Administrator (Marc.Dapas@nrc.gov)

Deputy Regional Administrator (Kriss.Kennedy@nrc.gov)

DRP Director (Troy.Pruett@nrc.gov)

DRP Deputy Director (Ryan.Lantz@nrc.gov)

DRS Director (Anton.Vegel@nrc.gov)

DRS Deputy Director (Jeff.Clark@nrc.gov)

Acting Senior Resident Inspector (John.Reynoso@nrc.gov)

Acting Resident Inspector (Michael.Stafford@nrc.gov)

Administrative Assistant (Madeleine.Arel-Davis@nrc.gov)

Branch Chief, DRP/A (Jeremy.Groom@nrc.gov)

Senior Project Engineer, DRP/A (Ryan.Alexander@nrc.gov)

Project Engineer, DRP/A (Matthew.Kirk@nrc.gov)

Project Engineer, DRP/A (Thomas.Sullivan@nrc.gov)

Public Affairs Officer (Victor.Dricks@nrc.gov)

NRR/DLR Project Manager (Michael.Wentzel@nrc.gov)

NRR/DORL Project Manager (Balwant.Singal@nrc.gov)

Team Leader, DRS/IPAT (Thomas.Hipschman@nrc.gov)

Regional Counsel (Karla.Fuller@nrc.gov)

Regional State Liaison Officer (Bill.Maier@nrc.gov)

Congressional Affairs Officer (Jenny.Weil@nrc.gov)

RIV Congressional Affairs Officer (Angel.Moreno@nrc.gov)

RIV/ETA: OEDO (Jeremy.Bowen@nrc.gov)

RidsEDOMailCenter.Resource@nrc.gov RidsSECYMailCenter.Resource@nrc.gov