ML20040E994

Discusses Concerns Re Util Reverification Program.Util Commitment to R Cloud Program Should Not Be Considered by Commission in Ruling on Scope of Program or Selection of Independent Auditor

ML20040E994
Person / Time
Site:	Diablo Canyon
Issue date:	02/01/1982
From:	Fleischaker D FLEISCHAKER, D.S.
To:	Ahearn J, Gilinsky V, Palladino N NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8202080180
Download: ML20040E994 (2)

Text

')

i

/

" ~ _ -

. ~

DAVID S. FLE!SCHAKER P.O. Box 1178 OKLAHOMA CITY oK 73101 405/235-8444

'87, g -a. ? 4.0-4 i

(

.,6 i

&i,

.....a February 1, 1982 p

\\

c f

p?

MOCVQ g

1 Nunzio Palladino, Chairman f

FEB5 198 6 John F. Ahearn, Commissioner

- U N2 Eu:n gang g Peter Bradford, Commissioner

((fG4 Victor Gilinsky, Commissioner j,

Thomas Roberts, Commissioner N)

U.S.-Nuclear Regulatory Commission 1717 II Street, N.W.

Washington, D.C.

20555 Re:

In the Matter of Pacific l

Gas & Electric Company (Diablo Canyon, Units 1 and 2); Docket Nos.

50-275 0.L.

& 50*-323 0.L.

Gentlemen:

I am writing to express our concern that Pacific Gas &

Electric Company

("PG&E")

is embarked on a course - that undermines the Commission's actions taken to restore public confidence in this licensing proceding.

Upon suspending PG&E's license to load fuel and to operate Diablo Canyon, Unit 1 at power level,s up to 5% of full power, the Commission directed the utility to propose a program to reverify the design of the plant's safety related structures, systems and components and to nominate a company (or companies) t'o conduct this review.

This reverification program requires PG&E to obtain Commission approval of both the program scope and the company recommended by PG&E to conduct the audit.

The Commission expressly provided that prior to reaching any decision on the utility's proposal it would. seek comments from the Governor of California and the Joint Intervenors.

h Without prior Commission approval of either the scope of it's program or choice of auditor, PG&E has hastened to J

complete a

design reverification program conducted by someone of their own choosing.

In addition, the utility has

[

taken the further step of modifying the plant on the basis of engineering calculations that have yet to be completely reviewed and approved by the NRC staff.

8202080180 820201 PDR ADOCK 05000275 0

PDR

r g

U.S. NRC Commissioners February 1, 1982 Page Two PG&E apparently intends to present the Commission with a fait accompli.

This action cannot be sanctioned.

It undermines our opportunity to comment meaningfully on the scope of.a reverification program and auditor selection.

It threatens to tilt unfairly the. Commission's consideration of this matter in favor of PG&E's proposal.

The fact that PG&E has uni'.aterally committed itself to a particular reverification prog 2.am under Dr. Robert Cloud should be given no consideration in the Commission's ruling on either the scope of the reverification program or the selection of an independent auditor.

Further, if PG&E will not willingly halt its modification activities where, as here, the staff has yet to approve the engineering basis for those modifications, the Commission should suspend. PG&E's construction permit.

Very truly yours, ShW David.S. Fleischaker Counsel to the Joint Intervenors-DSF:jm cc:

Service List

+

b

.