ML16341B188
| ML16341B188 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 05/30/1979 |
| From: | Gossick L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Ellen Brown LOUISIANA, STATE OF |
| Shared Package | |
| ML16341B190 | List: |
| References | |
| NUDOCS 7907120349 | |
| Download: ML16341B188 (12) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 MAV 30
>979 Docket, Nos,.
50-275 O.L.
50-323 O..L.
I The Honorable Edmund G. Brown, Jr.
Governor of California Sacramento, California 958L4
Dear Governor Brown:
I This responds to your letter of May 4, 1979, addressed to Chairman Hendrie, in which you requested a moratorium on the licensing of the Diablo Canyon nuclear power plant.;
Chairman Hendrie has asked me to respond to your letter in view of the fact that the application for an operating license for the Diablo Canyon plant is now pending before an Atomic Safety and Licensing Board.
Under the NRC rules of practice Chairman Hendrie and the members of the Commission may be called upon to review the orders and decision of the Licensing Board and hence it would be inappropriate for him or other members of the Commission to comment'n the matters raised in your letter.
The NRC staff is presently engaged in an extensive evaluation of the Three Mile Island accident.
This evaluation will cover all aspects of the design and operations of that plant with the objective of identifying improvements which should be applied to nuclear po~er plants which are now under construction or operating.
Until that evaluation is completed or until otherwise directed by the Comission, the staff does not intend to issue any new licenses for nuclear power reactors even if authorized by a Licensing Board such as that presiding over the Diablo Canyon proceeding.
If, as a result of the evaluation, it is determined'hat changes in the design of the Diablo Canyon plant are required and'hose changes warrant a
reopening of the record, the NRC staff will take the initiative to do so.
In this regard, you may be interested to know that intervening parties in the Diablo Canyon proceeding have requested the Commission to stay the proceeding pending the outcome of the investigation of the Three tlile Island accident.
These requests have not yet been acted upon by the Commission or the Licensing Board.
With respect to your concern regarding the adequacy.of the Diablo Canyon plant to withstand earthquakes, that matter was extensively dealt with during the course of the public hearing on the Diablo Canyon application.
Expert testimony
'was presented to the Licensing Board by parties to the proceeding.
The Licensing
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The Honorable Edmond G. Brol.e, Jr.
BOard, will take this testimlony into account in reaching its.decisjon pegI!r<ling the application, The Lic nsing Board's decision I.;ill be sub.ject to appeal ard review by the HRC Atoiic Safety and Licensing App al Board and the Compission.,
1"e PHook foal'ard to reviewing the emergency preparedness measures now being revised bv the California
"-,: rgency Power Plant Review Panel.
You may be assured that tiley will be given,careful consid..ration in our evaluation of the adequacy 'of emergency plans for the Diablo Canyon plant to assure the public health and safety.
You may be assured that we vIill keep you and the appropriate State olfices informed of new develop)ments reoardinq,tie Dil".bio Calnyon plan He will welcome your'and their assistance with respect to assuring that the public health and safety of the citizens of California are fully prot cted.
If you or members of your staff, desire additional information or assistance v(ith respect to this matter, please'contact me.
Sincerely, (Signed) Lee Y. Gosslcz Lee Y. Gossick Executive Director for Operations on as seen and approve) 5/25/79 Nurtellotte Ketchen Davis Staenberg Shapar/Engelhardt/Christenbury Formal Files Reg.
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p Mr. John F. Bonner As you may know, several members of your staff will e attending a meeting at the Cottmission' Bethesda Office on June 13, 1979 along with other utilities that currently have nuclear power plant licensin applications under review by the staff, related to the effects of the lhree 'le Island Unit 2 evaluation on th
'ng reviews.
This meeting sho d provide an opportunity to discuss some of uestions that the Paci c
Gas and Hectr'ic Company may have on this matter.
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>ave any addition questions, please contact us..
Sincerely, Encl osure:
Rs Stated oger S. Boyd, Director D
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PA,C XFZC QA.S A,ND %LECT'C C ONE.NT'7 BEALE STREET SAN FRANCISCO, CALIFORNIA 94IO6 VOHN F. BONNER PRCSIDCNT ANO CHICF CXLCVTIVCOt'S'ICCR hhy 11, 1979 "The Honorable Joseph M. Hendrie, Chairman Nuclear Regulatory Commission
'-Washington, D. C.
20555
Dear Chairman Hendrie:
This letter is written to offer my comments on the letter to you of May 4, 1979, from the Honorable Edmund G. Brown, Jr.,
Governor of the State of California.
There is nothing in Governor Brown's letter concerning the Three Mile Island accident to support his request for the extraordinary action of singling out the Diablo Canyon Nuclear Power Plant for suspension of licensing proceedings.
'Ihe major lessons learned from Three Mile Island which have any relevance to nuclear plants of different design are available now.
'here is no indication of need for any substantial or time-consuming changes in design or operating procedures for plants such as Diablo Canyon.
However, if any such changes are found necessary by us or the NRC on the basis of further information, we will make them.
Even as
~there has been no suspension or rescission of licenses for p1ants similar in design to Three Mile Island, such as Rancho Seco, there is less reason to take such action in the case of the differently designed Diablo Canyon plant. It is absolutely unnecessary, therefore, to delay issuance of a license for the urgently needed Diablo Canyon plant.
As for the other points in the Governor's letter:
Emergency preparedness measures developed for Diablo Canyon already have been thoroughly considered by the NRC Staff, as well as by state and local authorities, and they were reviewed during public hearings before the Atomic Safety and Licensing Board.
These measures were recently successfully tested under simulated emergency conditions by state and local officials and Company personnel.
It makes no sense to suggest delaying licensing while emergency plan requirements are reviewed on a generic basis.
The seismic review of Diablo Canyon has already been made.
Indeed,'the entire review of the safety'f the Diablo Canyon Power Plant has been described by the NRC Staff as the most thorough and searching it has ever conducted.
As a result of this review, the Staff has determined that the current'plant design is adequate to permit the
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The Honorable Jose Hendrie 2-H May 11, 3979 plant to withstand the mmchnum size of earthquake specified for the plant area by the United States Geological Survey.
The Advisory Committee on Reactor Safeguards has independently reviewed the seismic safety of the plant and has determined that the plant can be operated without any undue risk to the health and safety of the public.
After 33 days of hearings dealing principally with geology, seismology, and seismic design, the matter was submitted in February for decision to the Atomic Safety and Licensing Board.
On April 10, 1979, the Staff recommended to the Licensing Board that an operating license be issued.
We are now awaiting the Board's decision, which will include a deter-mination as to the seismic adequacy of the plant based upon sworn testimony.
Apparently Governor Brown was unaware of these facts when he called for a repetition of this already completed seismic safety.
review process.
Your Coaanission's report to Congress of April 12, 1979, "Plan for Research to Improve the Safety of Light Water Nuclear Power Plants",
(cited by the Governor in his letter) suggests no basis for an operating license moratorium.
The Licensing Board should render a decision and issue a
license in the near future.
No licensing delay greater than that imposed on other licensed operators or license applicants for plants of similar design should be imposed on the Diablo Canyon Pmver Plant because of Governor Brown's letter.
Sincerely, cc:
'Ihe Honorable Edmund G. Brawn, Jr.
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