ML20032E391

Package of Seven Ltrs Supporting CA Governor Brown Recommendation of Independent Audit of Seismic Protection & Other safety-related Features at Plant

ML20032E391
Person / Time
Site:	Diablo Canyon
Issue date:	11/06/1981
From:	Burgener C, Burton P, Cranston A, Danielson C, Lagomarsino R, Mineta N, Waxman H HOUSE OF REP., SENATE
To:	Palladino N NRC COMMISSION (OCM)
References
NUDOCS 8111200515
Download: ML20032E391 (8)

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Dear Nunzio,

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The NRC has long had before it the issue of whether, what extent, to license operations of PG 6 E's Diablo Canyon-nuclear power plant in California.

As the Commission knows,_this controyersy has generated intense feeling on both sides -- particularly among many thousands of Californians who, at the very leasti are entitled to complete and sincere assurance from public officials that this facility will not, if permitted to operate, endanger their health or l

- ----- s a f e ty.

Throughout this debate -- and despite my personal reservations concerning many aspects of the wisdom and safety of additional investment in nuclear fission to generate electricity -- I have continuously refrained from prejudging the issue.

I have urged that the NRC be permitted to complete its licensing procedures free of interference -- despite proposals from nuclear power advocates to shortcut this process without, in my view, due deference to the public health and safety risks involved; and despite proposals to interfere coming from those who believe that the NRC performs as a rubber stamp of the nuclear power industry.

Nevertheless, it is clear that if the eventual NRC. decision on whether to license this facility is to command public confidence, it must be rendered under conditions which entitle it to credi-bility.

Recent events -- particularly discovery that seismic supports have been incorrect 1 placed as a result of the use of j-an erroneous reactor design diagram -- shake the confidence of even the most neutral observer in the objectivity, carefulness I

and completeness of the staff work which culminated in the

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decision of-the NRC to issue a low power testing license to this facility on September 21.

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. The Governor of California has -- in the face of these events -- proposed an independent audit program requiring physical reinspection and design review of Diablo Canyon's Quality Assurance / Quality Control (QA/QC) program.

An essential component of this proposal is the use of an independent QA/QL consultant, chosen by the NRC after con-sultation with all parties to conduct the inspection and

-review.

My office is informed that the NRC staff has recommended this proposal be rej ected.

I'm writing to indicate that I disagree strongly with the staff recommendation.

This reasonable proposal -- or an equivalent procedure which will restore public confidence in these proceedings -- is -an absolate necessity if the NRC is to retain public credibility.

I. hope the Commission will decide to adopt a procedure which will assure the public that the data on which the NRC's

licensing decisions are based in this case are objective, l

adequate and careful.

In my view, Governor Brown has sub-mitted such a proposal and I hope you will give it full consideration.

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Because.of the recent disclosures of design, construction, and quality assurance errors at the Diablo Canyon Nuclear Power Plant, I want to urge the Commission to order an immediate independent audit of the earthquake protection and other safety-related features of the plant.

This matter is clearly critical to the welfare of the citizens of California.

Recent disclosures have seriously undermined the credibility of the NRC.

In order to restore public.. confidence in the safety of the Diablo Canyon facility, an audit by a team of. independent experts is necessary.

I believe swift and decisive action by the NRC to order an immediate independent audit is necessary to protect the health and safety of California's residents.

Pacific Gas and Electric and the NRC have made repeated assertions that the Diablo Canyon plant meets all requisite safety standards, Since these assurances have been proved erroneous, only an independent audit will restore public confidence in the plant and the NRC.

I 5 ' ncerely you NORMAN Y. MIN 4A Member on Co 3ress NYM/sjd/w gS&

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I write to urge that you and your fellow 4ssioner continue to rely I

5 upon your own agency's technical expertise, and ' pp delaying tactics currently being pursued by intervenors in the Diab,v Cc...,un licensing case.

c' Governor Brown, in his letter to you of Nove=ber 7th, apparently wants ~the

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~ys Nuclear Regulatory Co::c:ission to overturn its own staff reco=mendations as to who qg should do the review of technical procedures that were in effect at PC&E at the time the recently disclosed errors took place. -Such technical review, I'm told, o

• j is well under way by outside consultants.

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I have interested myself in NRC licensing catters for several years, as part of r:y duties on the Water and Povtr Subco==ittee of the House Appropriations Com-mittee, in whose jurisdiccion NRC funding resides.

One of the clear findings of our Subco ittee has been that much of the licensing delay in recent years has u

been caused by strategies ano tactics of intervenors, too often calculated solely to delay the licensing timetable.

I do hope such delays of this nature can soon u

go cor.e to a halt.

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5o course, what I'm addressing here.

Oc In =y view, the NRC, especially under its new leadership, is quite capable of cssessing the independence and impartiality of consultants and quite capable of A

geparating issues designed to delay fro = bona-fide intervention issues.

Certainly, l * *f if the NRC vere to go to outside independert audits every time an intervenor so Qu petitioned, it would not crily cause delay but would put into question the Cor=is-ge sion's own integrity.

Indeed, it would indicate a lack of ability of your agency Y u$

to make the judgments assigned under the Atomic Energy Act.

All Members of Congress look to your leadership in shaping decisions at NRC which are fully protective of the public health and welfare; at the same time, it is also expected that NRC will " wear its own collar" in.ad=inistrative matters and not be unduly influenced by press and political over-reaction to events.

1 The events at Diablo Canyon are just as disquieting to advocates of nue: tar technology as they are to opponents.

Yet the events at Diablo indicate it 19 no time for panic or exaggerated solutions.

I trust you and your eclieagues.will

_ cindf of the above views and observa-tions as you proceed toward the full li sing the v ~ '. c. ;

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Dear Mr. Palladino:

g In light of technical design discrepancies recently discovered at the Diablo Canyon nuclear power facility, I request that as the federal regulatory agency required by statute to oversee the development and conditions of nuclear facilities, the Nuclear Regulatory Commission recommend an independent team of qualified technical experts to review the Diablo Canyon plant.

As you know, there is considerable concern within my district by my constituents who live near the plant with regard to the safety and earthquake resistance features of the plant.

Your immediate attention to this matter wi' be greatly appreciated.

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I wish to endorse the request made by rnor Jerry Brown of California that the NRC conduct a new and indepen-dent audit of the eartho. sake hazard and design structure at the Diablo Canyon nuclear power plant.

-a In recent weeks, most serious questions regarding the plant's safety have been raised.

The people of California, no less than the operators of the plant, have the right to know with certainty whether Diablo Canyon is safe and should continue to be licensed.

.Accordingly, I very much hope the Commission will order an audit of Diablo Canyon.

I respectfully request that this letter be made a part of the record of your proceedings.

With appreciation for your attention to my concern, I ar.

Sincerely, CA. b HENRY A. WAX M Member of Congress HAW:bwd 8

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Dear Chairman Palladino:

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I am writing in support of Governor Brown's October 2nd letter to you asking for an independent audit of the Diablo Canyon nuclear power plant.

I fully agree.with Gove rnor Brown and urge that the NRC immediately order an independent audit as specified in his letter:-

The siting and construction 'of this power plant has been a matter of considerable interest and concern to me over the past several years.

Recently discovered errors in the design and construction of the plant are compelling evidence of the need for an investigation which will be credible to the public.

I appreciate your immediate attention to this matter.

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4 I urge that/ the Nuclear Regulatory Commission order an howe *y-rel'6 pudit 6f the earthquake protection and i

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dafe ated fea%ures M he DiabloiCanyon nuclear plant /, as recommended by Governor Brown.

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xtre, y importaat,ithat the public has bonfi'dence in the saf y of that niant, and that an f

Ag g $ dent audit, o. ered by the' NR Wing to establish',that confiden,d, would be vital in ce.

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Honorable Edmund G.

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