ML16340A308
| ML16340A308 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 12/06/1978 |
| From: | Boyd R Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML16340A309 | List: |
| References | |
| NUDOCS 7812140279 | |
| Download: ML16340A308 (10) | |
Text
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UNITED STATES NUCLEAR EGULATORY COMMISSION, DOCKET'NOS. 50-275 AND 50-323 PACIFIC GAS AND ELECTRIC CO tPANY
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(Diablo Canyon Nuclear Power Plant, Units 1
and 2)
NOTICE OF ISSUANCE OF NENDHENT TO CONSTRUCTION PERMITS The U. S. Nuclear Regulatory Commission
'(NRC) has issued Amendments 1
and 4, respectively, to Constructfon Permit Nos.
CPPR-39 and CPPR-69 issued to the Pacific Gas and Electric Company for Diablo Canyon Nuclear Power
/
Plant, Units 1 and 2, located in.San Luis Obispo County, California.
The amendments provide for the addition of certain antitrust conditions.
The Diablo Canyon Nuclear Power Plant fs not subject to an antitrust review under Section 105C of the Atomic Energy Act, as amended.
Nore recent"nuclear
, power plants are.subject'o such revieir.
However, fn connection wfth the
'RC's proceedings on the Stanislaus Nuclear Project, Pacific Gas and Electric Company agreed to include antitrust commitments as condftions fn the Diablo Tg Canyon licenses in certain circumstances which have'ccurred.-
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In a letter to the V. S'. Department of Justice (DOJ), dated April 30, b
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- 1976, PGBE stated that, 'fn the event a construction permit for the Stanfslaus Nuclear Project was not issued by the NRC prior to July 1, 1978, PG8E was
/
I willing to have fts license(s) for the Diablo Canyon Nuclear Power Plants, Units 1
and 2, amended to incorporate certafn antitrust comoftments;
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This willingness was contingent upon the DM advising the NRC that no anti-
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trust hearing was necessary in connection with licensing the Stanislaus
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Project.
The DM provided such advice fn a letter dated Hay 5, 1976.'~g)g($ 02-~ t.
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1 Since no construction p'ermit for the Stanislaus Project had yet been H
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- issued, the NRC staff advised PG&F,, in a letter dated Septe'mber 15, 1978,
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of its intention to incIude the antitrust commitments as conditions in the Diablo Canyon Construction Permits.
PG&E responded, in a letter dated September 19, 1978, stating that it-had no objection to such an amen'dment.
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,The amendments comply with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations.
The staff has made appropriate'findings as required by the Act and the Coireissfon's regulations in 10 CFR Chapter 1, whfcli are set forth in the H
amendment In accordance with 10 CFR 50.91, prior public notice of these amendments was not required since the amendments do not involve significant hazards considerations.
The staff has determined that the issuance of these amendments will not result in any significant environmental impact and that pursuant to 10 CFR Section 51.5(d)(4) an environmental impact statement, or negative declaration and environmental impact 'appraisal need not be prepared in H
connection with issuance of these amendments.
For further'details with respect to this action, see (1) letters related to the amendments dated April 20,'976, Hay 5, 1976, September 15,
- 1978, and September'9,
- 1978, (2 ) Anendment'hos.
1 and 4 to CPPR-39 and CPPR-69, respectively, and (3 ) the staff' related Evaluation. of an 'Amendment
. to Include Antitrust Conditions jn the Diabl,o Canyon Construction Permits.
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3i All of these items and other related magerial are available for public l
inspection at the Co+i>ission's P'ubI]c Document
- Room, 1717 H Street, N. M.,
Mashington, D.. C.
and. at--th~oX'al: Public Document Room located in San Luis Obispo County Free -Library,-P..O..Box X, San Luis Obispo, California 93406.
A copy of items
( 1), (2), and (3) may be obtained upon Nritten request to the U. S.. Nuclear Regulatory Commission, Mashington, D. C. 20555, ATTN:
Director, Divisioh of Project Management, Office of Nuclear Reactor Regulation.
Dated at Bethesda, maryland, this+
day of De-~
lg78.
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FOR THE NUCLEAR REGULATORY CONlISSION Original Signed bg dohn F. Stolz, Chief Light Mater Reactors Branch No.
1 Division of Project management orrics~
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EYALUATION OF AN AflENDYiENT TO INCLUDE K
4 ANTITRUST CONDITIONS IN CONSTRUCTION PERYiITS FOR THE DIABLO CANYON NUCLEAR P01~'ER PLANT UNITS 1
AND 2 The Pacific Gas and Electric Company holds construction permits CPPR-39 and CPPR-69 for Units 1
and 2, respectively, of the Diablo Canyon Nuclear Power Plant.
I The construction permit for Unit 1, CPPR-39, was issued on April 23, 1968.
No amendments to CPPR-39 have previously been issued.
It was last modified by an Order on October 13, 1978 extending the latest date for completion of construction.
The constructidn permit for Unit 2 was issued on December 9', 1970.
The last amendment to CPPR-69 was Amendment Number 3 dated August 14, 1974.
It was last modified by an Order, on October 13
,1978 extending the latest date for completion of construction.
The Diablo Canyon Nucleai Power Plant is not subject to an antitrust review under Section 105C of the Atomic Energy Act, as amended.
Yore recent nuclear power plants are subject to such review.
However, in connection with the NRC's proceedings on the Stanislaus Nuclear Project, Pacific Gas and Electric Company agreed to include antitrust commitments as conditions in the Diablo Canyon licenses in certain circumstances which have occurred.
In a letter to the U. S. Department of Justice (DOJ) dated April 30, 1976, PGEE stated that, in the event a construction permit for the Stanislaus Nuclear Pr'oject iias not issued by the NRC prior to July 1, 1978, PGEE was willing to have its license(s) for the Diablo Canyon Nuclear'o<<er
- Plants, Units 1 and 2, amended to incorporate certain antitrust commitments.,
This willingness was contingent upon the DOJ advising the NRC that no anti-trust hearing was necessary in connection with licensing the Stanislaus Project.
The DOJ provided such advice in a letter dated tray 5, 1976.
Since no.construction permit for the Stanislaus Project had yet been
- issued, the NRC staff advised PG5E, in a letter dated September 15, 1978, of its intention to include the antitrust commitments as conditions in the Diablo Canyon Construction Permits.
PGSE
'responded, in a letter dated September 19, 1978, stating that it had no objection to such an amendment.
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0 Based on these factors, the NRC staff is treating this matter as a
request from PGBE to amend the construction permits for the Diablo Canyon Nuclear Power Plant to include, the antitrust comftments stated in PGSE's letter of April 30, 1976 as conditions.
The NRC'staff has reviewed this matter and concludes that the amendments are appropriate.
From an antitrust standpoint, DOJ has reviewed 'the PGEE commitments and provided its advice in a letter dated tray 5, 1976, and this amendment of the construction permits simply'ffectuates the agreement that has been reached between PGEE and DOJ.
For these.reasons we have concluded that these amendments should be issued.
An antitrust-proceeding is currently fn progress involvfng the Stanislaus Pf oject.
,The Board fn that proceeding will determine whether there is a need to add antitrust conditions to the Stanislaus license.
As a'esult of the NRC staff' review of the Final Safety Analysis Report to date, and considering the nature of the amendments, we have identified no area of significant safety considerations in connection with this
,amendment.
The assessmeht of potential, environmental impact associated with site preparation and the construction of Units 1 and 2 of the Diablo Canyon Nuclear Power Plant were addressed fn the Final Environmental Statement (FES) issued in Hay 1973.
The staff has determined that con-sidering the nature of the amendment, this fs-an administrative action since it does not alter impacts described fn the FES or create new impacts not prevfotisly addressed in the statement.
Havfng made this determination, the staff has concluded, pursuant to 10 CFR Part 51.5(d)(4), that an environmental statement, negative declaration or environmental impact appraisal need not be prepared. in connection with the issuance of this amendment.
Accordingly, issuance of amendments incorporating the antitrust commit>>
ments that PGSE has agreed to as conditions is reasonable and should be authorized.
Original Signed by D. P. Allison, Project Ylanager Light Hater Reactors Branch No.
1 Division of Project Management Dated:
OrIginal Signed by John F. Stolz, Chief Light Hater Reactors Branch No.,l Division of Project, Management h -.
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