ML16340E048
| ML16340E048 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 12/21/1983 |
| From: | Palladino N NRC COMMISSION (OCM) |
| To: | Cranston A SENATE |
| Shared Package | |
| ML16340E049 | List: |
| References | |
| NUDOCS 8312230184 | |
| Download: ML16340E048 (4) | |
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CHAIRMAN UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 December 21, 1983 The Honorable Alan Cranston United States Senate Washington, DC, '20510 Dear Senator Cranston:
We appreciate your concern with the health and safety issues pertinent to the licensing of the Diablo Canyon Nuclear Power Plant, Unit 1, reflected in your letter of November 15, 1983.
Let us assure you that public health and safety remain the Commission's foremost consideration in this and all licensing decisions.
On September 21, 1981, the Commission authorized issuance of a license to load fuel and conduct low power tests (at up to 5X of rated power) at Diablo Canyon.
Following the discovery of errors in the seismic design of the plant, the NRC staff identified serious weaknesses in Pacific Gas and Electric Company's
("PGLE" or "licensee" ) quality assurance program.
Accordingly, on November 19, 1981, the Commission suspended PGKE's low power license pending the satisfactory completion of an Independent Design Verification Program (IDVP).
On November 8, 1983, the Commission reinstated that portion of the suspended license that authorized PGLE to load nuclear fuel into the reactor and conduct certain pre-criticality tests, none of which allow irradiation of the fuel.
The reinstatement was based upon consideration of the IDVP reports, the NRC staff analysis thereof, and the comments of Governor George Deukmejian and the Joint Intervenors in the licensing proceeding.
The Commission found that the "results of the IDVP provide reasonable assurances of protection of the public health and safety insofar as these limited activities are concerned."
Furthermore, the Commission noted that the risk to public health and safety from fuel loading and pre-criticality testing is extremely low, that no one had, presented significant safety concerns material to fuel loading and pre-criticality testing, and that this action in no way prejudiced future decisions.
The Commission's decision is enclosed.
The decision to partially liftthe suspension was based upon the satisfactory completion and review of relevant aspects of the IDVP, a program undertaken in the context of an enforcement action, the license suspension.
The decision was not made under the Commission's interim operating license authority, as the initial licensing process had been completed in 1981.
Nonetheless, the Commission and the NRC's Atomic Safety and Licensing Appeal Board saw the need to reopen the proceeding and supplement the initial licensing decision.
The Appeal Board recently concluded over three weeks of public hearings in California on the issue of design quality assurance.
However, in light of the determination that-there were no significant health and safety hazards
The Honorable Alan Cranston associated with the authorized activities, the Appeal Board denied Joint Intervenors'equest to stay fuel loading and pre-criticality testing.
The U.
S. Court of Appeals for the D.C. Circuit likewise declined to stay fuel loading.
Deukmejian v.
NRC, and consolidated
- cases, D.C. Cir. Nos. 81-2034, 81-2035, 83-10 3
November 15, 1983) (enclosed).
Meanwhile, the Appeal Board decision on design quality assurance is expected in January 1984.
The Appeal Board also considered the issue of construction quality assurance, including the new evidence to which your letter refers, and determined that future hearings on that issue were not necessary.
A copy of the Appeal Board's recent decision is enclosed.
With respect to future licensing decisions for Diablo Canyon, the NRC staff will review issues material to the next stage of operation, low power testing and make a recommendation to the Commission.
The staff review and recommendation will be contained in a supplement to the Safety Evaluation Report for Diablo Canyon, which will be released to the public.
The Commission will then hold a public meeting to receive the staff briefing and recommendation, and may solicit the comments of PGEE, the Joint Intervenor s and Governor Deukmejian.
The Commission will vote on such further authorization at some time following this public meeting.
The Commission has not yet determined whether to defer consideration of low-power testing until the Appeal Board decision on design quality assurance is issued.
PGKE has loaded the fuel and will likely complete its presently authorized pre-criticality testing program in late December 1983.
Commissioner Asselstine did indicate in his separate views on the Commission s fuel loading and pre-criticality testing authorization that he would defer consideration of further authorization until the Appeal Board decision is issued.
The Commission's decision states on this point that "the Commission may well choose to await the conclusion and decision in the Appeal Board hearings..."
We trust that this information is responsive to your concerns.
Sincerely,
Enclosures:
As stated Nunzi J.
alladino
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