ML16341D227

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Forwards Draft License for Comment,To Insure That Matl Accurately Reflects Commitments as Described in Fsar. Comments Requested by 850415
ML16341D227
Person / Time
Site: Diablo Canyon Pacific Gas & Electric icon.png
Issue date: 04/09/1985
From: Novak T
Office of Nuclear Reactor Regulation
To: Shiffer J
PACIFIC GAS & ELECTRIC CO.
References
NUDOCS 8504250153
Download: ML16341D227 (24)


Text

'

Docket No.:

50-323 APR 9 1988 Mr. J.

D. Shiffer, Vice President Nuclear Power Generation c/o Nuclear Power Generation, Licensing Pacific Gas and Electric Company 77 Beale Street, Room 1451 San Francisco, California 94106 2

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Dear Mr. Shiffer:

13

Subject:

Diablo Canyon, Nuclear Power Plant, Unit~2.Di'aft,License As you are aware, the staff is considering issuance of a license'or the Diablo Canyon, Nuclear Power Plant, Unit 2., Encl,osed is a draft copy of the license.

It is provided for your information'and comment to insure that it accurately reflects the commitments required of you as described in the

FSAR, SER, and other documentation..

We request that you examine the draft license and provide any comments in writing by April 15, 1985.

For any questions regarding this draft license, contact the Diablo Canyon Project Manger, H. Schierling at (301) 492-7100.

Sincerely,

Enclosure:

As stated cc:

See next page Thomas M. Novak, Assistant Director for Licensing Division of Licensing B¹3 4

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Mr. J.

D. Shiffer, Vice President Nuclear Power Generation c/o Nuclear Power Generation, Licensing Pacific Gas and Electric Company 77 Beale Street, Room 1451 San Francisco, California 94106 Philip A. Crane, Jr.,

Esq.

Pacific Gas 5 Electric Company Post Office Box 7442 San Francisco; California 94120 Mr. Malcolm H. Furbush Vice President

- General Counsel Pacific Gas 5 Electric Company Post Office Box 7442 San Francisco, California 94120 Janice E. Kerr, Esq.

California Public Utilities Commission 350 McAllister Street San Franci sco, California 94102 Mr. Frederick Eissler, President Scenic Shoreline Pr eserva tion Conference, Inc.

4623 More Mesa Drive Santa Barbara, California 93105 Ms. Elizabeth Apfelberg 1415 Cozadero San Luis Obispo, California 93401 Mr. Gordon A. Silver Ms. Sandra A. Silver 1760 Alisal Street San Luis Obispo, California 93401 Harry M. Willis, Esq.

Seymour 5 Willis 601 California Street, Suite 2100 San Francisco, California 94108 Mr. Richard Hubbard MHB Technical Associates Suite K

1725 Hamilton Avenue San Jose, California 95125 Mr. John Marrs, Managing Editor San Luis Obis o Count Telegram Tribune o nson venue P. 0.

Box 112 San Luis Obispo, California 93406

/

Diablo Canyon Resident Inspector/Diablo Canyon NPS c/n US Nuclear Regulatory Commission P.

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Box 369 Avila Beach, California 93424 Ms.

Raye Fleming 1920 Mattie Road Shell Beach, California 93440 Joel

Reynolds, Esq.

)nhn R. Phillips, Esq.

Center for Law in the Public Interest 10951 West Pico Boulevard Third Floor Los Angeles, California 90064 Mr. Dick Blankenburg Editor 5 Co-Publisher South County Publishing Company P. n.

Box 460 Arroyo Grande, California 93420 Bruce Norton, Esq.

Norton, Burke, Berry 5 French, P.C.

202 E. Osborn Road P. 0.

Box 10569

Phoenix, Arizona 85064 Mr.

W. C. Gangloff Westinghouse Electric Corporation P. 0.

Box 355 Pittsburgh, Pennsylvania 15230 David F. Fleischaker, Esq.

P.

O.

Box 1178 Oklahoma City, Oklahoma 73101

Arthur C. Gehr, Esq.

Snell A Wi lmer 3100 Valley Center Phoenix, Arizona 85073 Mr. Lee M. Gustafson, Director Federal Agency Relations Pacific Gas 5 Electric Company 1050 17th Street, N.W.

Suite 1180 Washington, DC 20036 Regional Administrator - Region V

US Nuclear Regulatorv Commission

, 1450 Maria Lane Suite 210 Walnut Creek, California 94596 Michael J.

Strumwasser, Esq.

Special Counsel to the Attorney General State of California 3580 Wilshire Boulevard, Suite 800 Los Angeles, California 90010 Mr.

Tom Harris Sacramento Bee 21st and 0 Streets Sacramento, Cali fornia 95814 Mr. H. Daniel Nix California Energy Commission 1516 9th Street, MS 18 Sacramento, California 95814 Lewis Shollenberger, Esq.

US Nuclear Regulatory Commission Region V

1450 Maria Lane Suite 210 Walnut Creek, Cali fornia 94596 Mr. Thomas Devine Government Accountability Project Institute for Policy Studies 1901 gue Street, NW Washington, DC 20009

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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 PACIFIC GAS AND ELECTRIC COMPANY PlIlfti DIABLO CANYON 'NUCLEAR POWER PLANT, UNIT 2 DOCKFT NO. 50-323 FACILITY OPERATING LICENSE License No.

DPR-1.

The Nuclear Regulatory Commission (the COIITIIission) has found that:

A.

The application for licenses by Pacific Gas and Electric Company complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made; B.

Construction of the Diablo Canyon Nuclear Power Plant, Unit 2 (the facility), has been substantially completed in conformity with Provisional Construction Permit No.

CPPR-69 and the application, as

amended, the provisions of the Act, and the regulations of the Commission;,

I C.

The facility will operate in conformity with the application, as

amended, the provisions of the Act, and the regulations of the Commission, except as exempted from compliance in Section 2.D below; D.

There is reasonable assurance (i) that the activities authorized by this operating license can be conducted without endangerinq the health and safety of the public, and (ii) that such activities will be conducted in compliance with the regulations of the Comission set forth in 10 CFR Chapter I, except as exempted from compliance in Section 2.D below; E.

The Pacific Gas and Electric Company is technically qualified to engage in the activities authorized by this operating license in accordance with the Commission's regulations set forth in 10 CFR Chapter I; F.

The Pacific Gas and Electric Company has satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements", of the Commission's regulations;

G.

The-.issuance of this license will not be inimical to the common defense and security or to the health and safety of the public; H.

After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of Facil-ity Operatinq License No.

DPR-

, subject to the conditions for protection of the environment set forth herein, is in accordance with applicable Commission regulations governing environmental reviews

( 10 CFR Part 50, Appendix D and 10 CFR Part 5l) and all applicable requirements have been satisfied; and I.

The receipt, possession, and use of source, byproduct,'and special nuclear material as authorized by this license will be in accordance with the Commission's regulations in 10 CFR Parts 30, 40 and 70.

2.

Facility Operating License No.

DPR-is hereby issued tn Pacific Gas and Electric Company to read as follows:

A.

This License applies to the Diablo Canyon Nuclear Power Plant, Unit 2, a'pressurized water nuclear reactor and associated equipment (the facility), owned by the Pacific Gas and Electric Company (PG5E).

The facility is located in San Luis Obispo Countv, California, and is described in PGAE's Final Safety Analysis Report as supplemented and

amended, and the Environmental Report as supplemented and amended.

B.

Subject to the conditions and requirements incorporated herein, the Comission hereby licenses the Pacific Gas and Electric Company:

( 1)

Pursuant to Section 104(b) of the Act and 10 CFR Part 50, "Licensing of Production and Utilization Facilities", to

possess, use, and operate the facility at the designated location in San Luis Obispo County, California, in accordance with the procedures and limitations set forth in this license; (2)

Pursuant to the Act and 10 CFR Part 70, to receive,

possess, and use at any time special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented and amended; (3)

Pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive,

possess, and use at any time any byproduct, source and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required;

0 (4)

Pursuant to the Act and 10 CFR Parts 30, 40; and 70, to receive,

possess, and use in amounts as required any byproduct, source or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (5)

Pursuant to the Act and 10 CFR Parts 30, 40, and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C.,

This License shall be deemed to contain and is subject to the conditions specified in the Coamission's regulations set forth in 10 CFR Chapter I and is subject-to all applicable provisions of the Act and to the rules; regulations, and orders of the Commission now or hereafter in effect; and is subject to the'dditional conditions specified or incor-porated below:

( I)

Maximum Power Level The Pacific Gas and Electric Companv is authorized to operate the facility at reactor core power levels not in excess of 3411 megawatts thermal

( 100K rated power) in accordance with the conditions specified herein and in Attachment 1 to the

. license.

Pending. Commission approval, this license is

=- restricted to.power levels not to exceed five percent of full power (170 megawatts therma 1 ).

(2)

Technical S ecifications and Environmental Protection Plan The Technical Specifications contained in Appendix'A and the Environmental Protection Plan contained in Appendix 8, both of which are attached

hereto, are hereby incorporated in this license.

The Pacific Gas and Electric Company shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

(3)

Initial Test Pro ram Any changes to the Initial Test Program described in Section 14 of the FSAR made in accordance with the provisions of 10 CFR 50.59 shall be reported in accordance with 50.59(b) within one month of, such change.

(4)

Environmental Qualification (Section SSER

)*

(LICENSE CONDITION MAY BE REQUIRED.)

wine parenthetical notation following the title of many license conditions denotes the section of the Safety Evaluation Report and/or its.supplements wherein the license condition is discussed.

(5)

Fire Protection (SSER 31, Section

)

a.

PGKE shall maintain in effect all provisions of the approved fire protection program as discussed in its Final Safety Analysis Report, in PGIIE's December 6,

1984 Appendix R

Report, and in the NRC staff's Fire.Protection Evaluation in Supplements 8, 9, 13, 23, 27 and 31, to the Diablo Canyon Safety Evaluation Report, subject to provisions b

and c below.

b.

PGSE shall make no change to features of the approved fire protection program which would decrease the level of fire protection in the plant without prior approval of the Commission.

To make such a change, PG5E must submit an application for license amendment pursuant to 10 CFR 50.90.

c.

PGIIE may make changes to features of the approved fire protection program which do not decrease the level of fire protection without prior Commission approval provided:

( 1) such changes do not otherwise involve a change in a

. license condition or technical specification or result in an unreviewed safety question (see 10 CFR 50.59);

and (2) such changes do not result in failure to carry out the fire protection program approved by the Commission prior to license issuance.

PGSE shall maintain, in an auditable

form, a current record of all such changes including an analysis of the effects of the change on the fire protection program and shall make such records available to NRC inpectors upon request.

All changes to -the approved program made without prior Commission approval shall be reported annually to the Director of the Office of Nuclear Reactor Regulation, together with supporting analyses.

(6)

NUREG-0737 Conditions (SSER 31, Section

)

ac o t e o

owing con itions s

a e completed to the satisfaction of the NRC as indicated below.

Each of the following conditions references the appropriate Section in SER Supplements.

V

a.

Qualification of Personnel (SSER 31, Section

)

The licensee. shall have on each shift operators who meet-the requirements described in Attachment 2.

Attachment 2

is hereby incorporated into this license.

b.

Post Accident Sam lin S stem (SSER 31,Section II.B.3)

License Condition may be required.

c.

Containment Isolation De endabilit (Section II.E.4.2)

PGSE shall limit the 12-inch vacuum/nverpressure relief valve opening to less than or equal to 50 degrees.

d.

Inade uate Core Coolinq (Section (LICENSE CONDITION MAY BE REQUIRED)

(7)

Emer enc Pre aredness In the event that the NRC finds that the lack of progress in completion of the procedures in the Federal Emergency Management Agency's final rule, 44 CFR Part 350, is an indication that a

major substantive problem exists in achieving or maintaining an adequate state of preparedness, the provisions of 10 CFR Section 50.54(s)(2) will apply.

(8)

Masonr Walls (SSER-31, Section

)

Prior to start-up following the first refueling outage, PGSE

. shall

( 1) evaluate the differences in margins between the staff criteria as set forth in the Standard Review Plan and the criteria used by the licensee, and (2) provide justification acceptable to the staff for those cases where differences exist between-the staff's and PGSE's criteria.

(9)

Generic Letter 83-28, Reactor Tri S stem Reliability (SSER 31, ection PG&E shall submit responses to and implement the requirements of Generic Letter 83-28 on a schedule which is consistent with that given -in the PGSE letter dated January 24, 1985.

( 10)

Steam Generator Tube Ru ture Issue Section 15)

LICENSE CONDITION MAY BE REQUIRED (11)

Reactor Tri Instrumentation (T.S. Section 3.3.1.1, Pa e 3/4 3-2)

LICENSE CONDITION MAY BE REQUIRED

(12)

Reactor Coolant S stem Hot Shutdown (T.S. Section 3.4.1.3, a

e LICENSE CONDITION HAY BE REQUIRED (13)

Plant S stem, Hain Steam Isolation Valves (T.S. Section 3.7.1.5 a

e LICENSE CONDITION HAY BE REQUIRED (14)

Reactor Tri Instrumentation (T.S. Table 3.3.1 Pa e 3/4 3-2)

LICENSE CONDITION HAY BE REQUIRED (15)

En ineered Safet Feactures Actuation S stems Instrumentation a

e aae LICENSE CONDITION HAY BE REQUIRED (16)

Relief Valves (T.S. Section 3.4.4, Page 3/4 4-10)

LICENSE CONDITION HAY BE REQUIRED

( 17)

S ecial Test Exem tinn, Reactor Coolant Loo s (T.S. Section 3/4 1

LICENSE CONDITION HAY BE REQUIRED 0.

~Exem tion Exemption from certain requirements of Appendix J to 10 CFR Part 50 is described in the Office of Nuclear Reactor Regulation's Safety Evaluation Report, Supplement No. 9.

This exemption is authorized by law and will not endanger life or property or the common-defense and security and is otherwise in the public interest.

Therefore, this exemption is hereby granted pursuant to "10 CFR 50. 12.

The facility will operate, to the extent authorized herein, in conformity with the application, as

amended, the provisions of the Act, and the regulations of the Commission.

E.

Ph sical Protection SSER 31, Section

)

The licensee shall fully implement and maintain in effect all provisions of the Commission approved physical security, guard training and qualification, and safeguards contingency plans, including amendments made pursuant to the authority of 10 CFR 50.54(p).

The approved

plans, which contain safeguards information as described in 10 CFR 73.21 are entitled "Diablo Canyon

Power Plant Physical Security Plan," Revision 11 dated May 27,

1982, as revised July 19, August 12, September 17, 1982; February 4, August 3, 1983; January ll, February 6, March 19, April 19, August 29, 1984; "Diablo Canyon Nuclear Power Guard Training and (jualification Plan," dated July 11, 1980 Revision 2 dated February 4, 1983 as revised August 29, 1984; "Diablo Canyon Nuclear Plant Safeguards Contingency Plan," Revision 1 dated May 12, 1980 Revision 2 dated February 4,'1983'as revised August 3, 1983, August 29, 1984.

F.

Antitrust Pacific Gas and Electric Company shall comply with the antitrust conditions in Appendix C to this license.

G.

~Re ortin Except as otherwise provided in the Technical Specifications or Environmental Protection

Plan, the licensee shall report any violations of the requirements contained in Section 2.C of this license in the following manner:

initial notification shall be made within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC Operations Center via the Emergency Notification System with written followup within thirty days in accordance with the procedures described in 10 CFR 50.73(b), (c),

and "(e).

H.

Financial Protection PGKE shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as

amended, to cover public liability claims.

I.

Term of License This License is-effective as of the date of issuance and shall expire at midnight on December 9, 2010.

FOR THE NUCLEAR REGULATORY COMMISSION Harold R. Denton, Director Office of Nuclear Reactor Regulation Attachments:

l.

Attachment 1 - Operating Staff Experience Requirements 2.

Appendix A - Technical Specifications 3.

Appendix 8 - Environmental Protection Plan 4.

Appendix C - Antitrust Conditions Date of Issuance:

ATTACHMENT I TO BE SUPPLIED BY REGION V

0

~

ATTACHMENT 2 Diablo Canyon Nuclear Power Plant, Unit 2 Operatinq License DPR-0 eratin Staff Ex erience Requirements PGI5E shall have a licensed senior operator on each shift who has had at least six months of hot operating experience on a pressurized water reactor, including at least six weeks at power levels greater than 20% of full power, and who b5s had startup and shutdown experience.

For those shifts where such an individual is not available on the plant staff, an advisor shall be provided who has had at least four years of power plant experience, including two years of nuclear plant experience, and who has had at least one year of experience on shift as a licensed senior operator at a similar type facility.

Use of advisors who were licensed only at the RO level will be evaluated on a case-by-case basis.

Advisors shall be trained on plant procedures, technical specifications and plant systems, and shall be examined on these topics at a level sufficient to.

, to assure familiarity with the plant.

For each shift, the remainder of the shift crew shall be trained in the role of the advisors.

Advisors, or fully trained and qualified replacements, shall be retained until the experience levels identified in the first sentence above have been achieved.

The names of any replacement advisors shall be certified by PG8E prior to these individuals being placed on shift.

The NRC shall be notified at least 30 days prior to the date PG&E proposes to release the advisors from further service.

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