ML17083A634

Provides Info Re Issuance of Low Power Testing License & Full Power Ol.Aslb Hearings on Seismic & Security Matters Scheduled for 801020 & 1110,respectively.Issuance of Licenses Contingent Upon Completion of Hearings

ML17083A634
Person / Time
Site:	Diablo Canyon
Issue date:	10/01/1980
From:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Panetta L HOUSE OF REP.
Shared Package
ML16341B440	List: ML16341B439 ML17083A634
References
NUDOCS 8010280118
Download: ML17083A634 (18)

Text

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The Honorable, Leon E. Panetta United States House of Representatives Washington, D. C.

20515 DIS NIBU I ION:*w/incoming Docket File (+ ')*

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RPurple PPAS Rdg RTedesco DRoss Dear Congressman Panetta:

FMiraglia SCavanaugh BBuckley WDircks This is a follow-up to the NRC letter dated April 29, 1980 (addressed to you from Carlton C. Kammerer, Director, Office of Congressional Pffairs) in response to your letter, dated March 31, 1980 which >>as.addressed to Chairman John F.

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Your letter recommended that the NRC delay consideration of a low power testing permit for Diablo Canyon until the issues of seismicity, emergency planning,

security, and TMI-related issues have been through the hearing and appeal process and been completely resolved.

In addition, your letter raised the question of the additional expense of the plant's decorrimissioning and decontamination if the safety considerations you mention are not successfully resolved and you recommended delay of plant licensing until a comprehensive fuel conversion study has been completed.

, You also requested a schedule of -:

the steps to be followed with respect to low power and full power licensing of Diablo Canyon.

In regard to delay in the consideration of a low power test permit, as you no doubt are aware, since docketing of this case in late 1973 there have been major plant improvements that have been made as the result of a seismic reevaluation of the facility and as the result of applying the lessons learned from the Three Mile Island (TMI) accident.

In this regard, on June 20, 1980, the Nuclear Regulatory Commission issued a "Statement of Policy for Further Commission Guidance for Power Reactor Operating Licenses" which referenced requirements resulting from the TMI experience for applicants

'eeking authorization to load fuel and conduct low power testing.

These requirements are as stated in NUREG-0694 entitled "TMI-Related Requirements for New Operating Licenses" and are a complete list of these TMI items the Commission deems applicable to low power testing.

A copy of these documents are enclosed (Enclosures 1 and 2).

On July 14, '1980, the Pacific Gas and Electric Company (PGBE) requested the presiding Atomic Safety and Licensing Board (ASLB) for Diablo Canyon to.

~'s'uthorize fuel loading and low power testing.

On August 6, 1980,'the NR$,>

staff responded to the ASLB on PGEE's request and submitted a

supplemental'RC safety evaluation report dealing with TMI accident-related safety'issues (Enclosure 3). It is expected that hearings will be held before the,Lgcensing Board on low power aspects of the TMI lessons learned late this year', <pg,"

security issue you mention is being heard de novo before the Appeal Bdgrd<<<<

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The Honorable Leon E. Panetta and that body has also reopened the seismic record on the effects of the recent Imperial Valley earthquake; these issues will be resolved before a

, low, power, test,,license fs issued by the 5RC.

The NRC requirements for emergency planning as they relate to fuel loading and low power testing are also contained fn NUREG-0694.

Moreover, under the Cmeissfon's Statement of Policy fn Conduct of Adjudicatory Proceedings contained fn Appendix B to Part 2 of the Commission's regulations, any low power license will be reviewed by the Commission prior to fty issuance.

I with regard to your question concerning the cost of decontamination and decommissioning of the plant ff the safety fssbes you mention are not successfully resolved upon completion of thehow power testing, as stated

above, we believe that all of the safety issues with whfch you are concerned will be successfully completed and revfewedcbefore a low power test license fs issued.

Moreover, even ff ft were necessary to decontaminate and decewfssion the plant, we believe that this cost will not substantially be affected by the low power tests because the fission product inventory for such operation will be less than 0.10 of one percent of that generated by the plant during one year of operation at full power.

You also requested that we delay the consideration of a low power testing license for Oiablo Canyon, pending completion of a study by the California Public Utilities Commission on the feasibility of converting Diablo to an alternative fuel source.

Prfor to the construction permit proceeding, the NRC staff considered alternatives to this facility fn fts environmental impact statement, as no doubt did the utility.

Other alternative energy sources were considered fn the environmental hearings which were held before issuing construction permits. Furthermore, a partial initial decision has been issued by the present ASLB which considered all remaining environmental issues whfch were properly brought before ft at the operating license stage.

Thus, while these considerations are not inalterable, they do represent the product of several years collective experience on the subject.

Having weighed and balanced the alternatives fn favor of constructing Ofablo Canyon, construction of that facility was authorized and is now complete.

For that reason, essentially all costs related to that construction of approximately about

$1.7 billion dollars have now been incurred.

ln that

regard, a very major portion of that cost fs associated with the nuclear steam supply system and special design features for other systems and

. structures that'could not effectively or efficiently be converted for use fn an alternative fuel cycle (such as coal, ofl, gas or geothermal).

OFFICE SURNAME DATE$

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4 U.S. GOVERNMFNT PRINTING OFFICE: 1979.2II9-369

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illiam J. Dircks Executive, Director for Operations I

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I 'R The Honorable l.eon E. Panetta dd 3 I'

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.I Rllr t ExampIes of non-convertIuMesteins Include the reactor,r pressure vesse'Is,,

steam generators qspecial heat exchangers,',protection and control instru- -.

,+"'1lt~.;,'>'~ mentatiOn, reiCtOr,~COntainment."buildingS and all SafeguardSslIfeatureS,I>

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Furth~ore, there is no assurance that such alternate fuel sources would"b'e",".-;4' ",';I"

,readTly 'available for the affected service area over the expected operating

, gw life of Diablo Canyon.

In view of these matters we do not think conversion feasible at this time.

However, if a conversion plan showing feasibility is completed after criticality, as stated above, the low fission product buildup'>alone would not make conversion impossible.

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With" respect to the remaining steps to be taky for'issuance of a low power

f",~>>>>;-'esting-.license and a full power operating 1'/ense, the low. power,:,test'-~s-":p: sI.-

matter's presently before an Atomic Safety"and Licensing Board. 's noted

above, in order to receive a low power testing license for Diablo Canyon, PG8E must complete all TNI-2 related requirements for such a license as are identified in NUREG-0694, obtain favorable'ulings on all outstanding issues and have these rulings reviewed by the Commission.

A similar process will be followed for a full power license following the low power testing proceeding.

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>;,-"s<>Ik:~:.To date, 'the partiesdto the" contested>'operating"-i]censing

'hearing";are:,still".";..>> "'-'.-".;

" ';'k~" discussing the 'scope and issues to be 'examined 'in 'any'earings which might be held on low power testing and for that reason a detailed schedule of dates for the Licensing Board's consideration of these issues is not known..

The Appea1 Board hearings on the seismic issues are now scheduled for the week of October 20, 1980 and the security hearings-.are-scheduled on or, about..,

November 10, 1980.

Any schedule for issuance of licenses will-be contingent upon the time required to complete these. heal.ings.......,,,

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-'~It<>> I trust that this information"fs responsive to your request.,

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Enclosures:

As stated

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NRC FOAM 31tS (9.76) IwRCM 0240

'1< V.S. QOVERNMENl PRINTING OFFICE: 1979 289 369

FRO44:

'Rep.

Leon E. Panetta TO Chairman Ahearne ACTION CONTROL COMPL DEADLINE ACKNOWLEDGMENT INTERIM REPLY FINALREPLY FILE LOCATION 5 22 80 CONTROL NO DATE OF DOCUMENT 3/31/80 PREPARE FOR SIGNATURE OF:

Q CHAIRMAN gj EXECUTIVE DIRECTOR OTHER:

DESCRIPTION Q LETTER Q MEMO Q REPORT Q OTHER Req delay in issuance of low power testing permit for Diablo Canyon until completion of study by Calif, Puglic Utilities Comm.

on conversion to alternate fuel.

Also req schedule of 'steps that will be followed es ect to licensin of the lant CLASSIFIED DA A SPECIAL INSTRUCTIONS OR REMARKS See attached partial response to Panetta f om Kammerer dtd

/?9 DOCUMENT/COPY NO.

NUMBER OF PAGES POSTAL REGISTRY NO.

LASSIFICATION CATEGORY Q Nsl Q RD Q FRD SECY 80-0690 ASSI ED TO:

DATE INFORMATIONROUTING Dircks K.Cornell ~<PAD mehm 8.-Si

'aparB~P..

LEGALREVIEW ASSIGNED TO:

r~'ATE Q

FINAL '

COPY NO LEGAL OBJECTIONS NOTIFY:

Q EDO ADMIN4CORRES BR EXT.

COMMENTS, NOTIFY:

EXT.

JCAE

'OTIFICATION RECOMMENDED:

Q YES Q

NO R C FORM 232 I11-75)

EXECUTIVE DIRECTOR FOR OPERATIONS PRINCIPAL CORRESPONDENCE CONTROL DO hlOT RE(HOI/E THIS COPY

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~No 80-Ram 0690 Logging Date ~4 NRC SECRET AT Commissioner xec. Dir./Oner.

Cong. Liaison CI Public Affairs Date en. Counsel Solicitor C3 Secretary RE Leon Panetta From:

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A e aa sb;ect. concern re the rocess which will be utilized in res onse to PG8E's Re for low ower testin ermit for the Diablo Can on nuclear ower lant nQ Preoare reply'for signature of:

D Chairman 0 Commissioner XQ EDO. GC, CL, SOL, PA, SECY 0

Signature block omitted

,Sate due:

0 Return original of incoming with response Cl For direct reply Cl For appropriate action C3 For information Cl For recommendation t

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Remarks Cpys to:

RF, Chm, Cmrs For the Commission:

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Send three (3) copies of reply to Secy Mail Facility NRC42 ACTION SLIP 1

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~ LEON E.IPANETTA I6TN DISTRICT, CALIFORNIA e

COIa IIITTCCsI BUDGET AGRICULTURE HOUSE ADMINISTRATION (ON LEAVE) 43 I CAHHoH Movsc OFFIOE BvILVIHC WAsNIHOTVN,D.C.

20515 (202) 225-286 I

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@oufe of EeyrelsrrfafibcS K(tsfjitrgton, gb.K.

20515 March 31, 1980 I

OISTRICT OFFICCSI 380 ALVARAOO STRCEI'OHTERCT, CALIFORNIA 93940 (408) 649%555 HVLLIsTck,CAUFokNIA (408) 637 0500 SAUHAs CALIFVRNIA (408) 424-2229 SAN Lvls OSISFO>> CALIFORNIA (LI5) $4~ I34 SANTA CRVZ>> CAUFORHIA (408) 429 I976 Chairman John F. Ahearne Nuclear Regulatory Commission 1717 H Street, N.W.

Washington, D.

C.

20555

Dear Mr. Ahearne:

I am writing to advise you of my deep concerns regarding the process which will be utilized in response to PGaE's request for a low power testing permit for the Diablo Canyon nuclear power plant.

There are a number of mitigating circumstances which I believe place Diablo in a different category from the other two plants which are currently awaiting licensing.

I believe these circu'm; stances require a different procedure from the one used in the Sequojah and North Ana low power permit decisions.

-. The Diablo plant is unique in several respects.

It is situated

'a mere two miles from an active earthquake fault, and has active intervenor involvement in the licensing process.

As you know, the Atomic Safety and Licensing Appeal Board will hear oral arguments on seismicity on April 2,

1980, and Appeals Board hearings on the overturned licensing board decision on security will not be scheduled until the week of June 15, 1980.

NRC staff informs me that normally, the fact that issues are pending on appeal is not an impediment to the licensing process.

Because there are so many outstandj,ng issues which may prove problematical, I am requesting that you delay con-sideration of a 3ow power testing permit, until the issues of seismicity, emercency alarming, security,,and TNI-related.issues have been through the hearing and appeal

process, and been completely resolved.

I believe this action is warranted for several reasons.

First, it seems most inappropriate to allow the reactor to go critical, even at 5% of power, until the outstanding issues have been resolved.

To proceed with low power testing before these issues have been successfully addressed would create a momentum for full power licen-sing which would be quite difficult to resist even if some safety issues were still outstanding.

If these safety considerations could not be successfully

resolved, PGGE and the people of California would be faced with the additional expense of decommissioning and decontamination.

Page Two Another special circumstance which I would like to bring to your attention is the possibility of converting Diablo to an alternative fuel source.

This option is currently under consideraton by the California Public Utilities Commission, which is conducting a pre-liminary, in-house feasability study.

Governor Brown has expressed an interest in examining this option, as have several of the in-tervenor groups.

At least two House Subcommittee Chairmen have indicated their support for a comprehensive'study of the.feasability of nuclear power plant conversion.

As the low power testing of Diablo would render the plant critical and make conversion a vastly more com-plicated and expensive, if not impossible task, I am requesting that you delay your consideration of a low power testing permit until a

~4 It would also be help ful to me if in responding. to my request for a delay in consideration of a low power testing'permit for Diablo, you would also include a written schedule of the steps you intend to follow with respect to lower-power and full power licensing for this particular plant.

Thank you for your attention to this request.

I will look forward to hearing from you in the near future.

Sincere3

/ ~y LEON E.

PQNETTA

'Member of Congress LEP:ton

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who Honorable 'Leon E Pane.tta.,;.

,Gaited Sites Bonso'o.-.Repxasentatiaes----:

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~~ 0-H" -M3X Bear Congressman Panettax:"-"-;.'his is.ir. response to your letter oX. ~arch 3X, 7.980, rocoaeeruKing that the Co~mission, in acting upon PG5,=-'s request for a Eov power testinj petit for the. Diablo Ca~on, use different proc&arcs than the one used in the Seauoyah and cnorth Ahna ko~ pover permit decisions Yb Co.mission can assure you that di ferent procedures..

~ill be ased Unlike the Sequopah and Ne~h Am operating licens pplica icns the Diablo Canyon. application is We subject of a contested adgudi-.

cato y p oceeding and it vill probably be several

~months before

'ose proceedings are co=@3.eted M A c.ic Safety and Licensinq

~a@a b~s before it issues relating to enviro~ental impacts of

raccoon, and also a

eauest to reaps the hearing to permit resen a-ion of evidence on

~HZ related safety issues.'n P.tomic Safety

" Licensing A=peal Boarc. recently heard oral mgu=ent oo seismic issues.

Another

<<@peal Bo"rd has initiatod evidentiary hearings on Nc "dcquacv of Pacific Gas and Electric's prcpo"ed physical::

ecu ity plan.

~ he Ccmnission,,vill have the opportunity to revie~

the deci ion= reached by these hoards before making any ~~ecis5.or.

'n

+Re Diablo Canyon los poser testing request.

Under the Com-is-sion's Policy Statement of Sov~her 9, 1979, in contested Bd)udi-:.,'.

catorv proceecings, no license real be issne6 until ~Dc Cae-ission.'as had the opportunity to review the findings af the Boards.

I have reqaesM the Cemissicn' Execative'Directo for operations.

to respond airectly to choax recuest t~t the cnnission delay issuance of a X~or power tcstinc, parait until a coeprehen ivc study of the feasibility o~ converting the facility so that Xt cou16 he operated as&a ar. alternative fuel.

He Mill also provide u MW e. schedule of'tep that ~ill he folloved in acting upon license.

@plica ion Sincezzely,'":.

[s[ c.'u:.."...

=

r Carl ton C Waverer'irector Office of Congressional Affairs OGC Rothschild:pea 4/25/80

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DISTRIBUTION W/0 ENCLOSURES:

Docket Fi 1 e 50-275/323 NRC PDR (w/incoming) "

Local PDR (/w/incoming)

LB 83 File EDO Reading-NRR Reading W. Dircks K. Cornell T.

Rehm H. Shapar J.

Cook p'.

Denton R. Yollmer D. Ross S.

Hanauer.

R. Mattson E.

Case

Attorney, OELD CA (3)

G. Ertter (808934)

S.

Cavanaugh E.

Hughes M. Fudge A. Schwencer K. Jabbour B. Buckley J.

Lee R. Lazo, ASLB IE (3)

SECY Mail Facility (3) (80-0690)

D. Ei'senhut R. Tedesco F. Miraglia

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