ML20054C979
| ML20054C979 | |
| Person / Time | |
|---|---|
| Site: | 05000000, Diablo Canyon |
| Issue date: | 04/21/1980 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | |
| Shared Package | |
| ML20054C939 | List: |
| References | |
| FOIA-81-437 NUDOCS 8204220194 | |
| Download: ML20054C979 (5) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DC;7Y 3,
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COMMISSIONER:
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Joseph M. Hendrie C
s In the Matter of PACIFIC GAS AND ELECTRIC COMPANY Docket Nos. 50-275 OL 50-323 OL (Diablo Canyon Nuclear Power Plant, i
Units 1 & 2) c
)
MEMORANDUM TO COUNSEL FOR THE PARTIES I
The purpose of this memorandum is to disclose to the arties to this i
proceeding my prior involvement with seismic issues arising from the Diablo Canyon Operating License application during the period I was Deputy Director for Technical Review, Directorate of Licensing, Atomic Energy Commission.
I held this position from May 15, 1972, to July 23, 1974.
As Deputy Director for Technical Review, I administered the Commission's program for review of power reactor license applications with' respect to technical, safety and site suitability issues.
Because I have no independent recollection of my involvement with the Diablo Canyon operating license application during my tenure at the AEC, I reviewed the attached AEC documents pertaining to my involvement in Diablo l
Canyon during that period.
These documents have previously been made publicly available as a result of a Freedom of Information Act request filed by Joint Intervenors.
To the best of my knowledge, these are the only'AEC documents pertaining to any involvement in the matter.
8204220194 811112 PDR FOIA ELLIOTT81-437 PDR
2 The only AEC document indicating that I might have been personally and sub-stantially involved in developing a staff position on the merits of the Diablo Canyon operating license application is a May 30, 1974, note indicating that the AEC staff had scheduled a meeting with PG&E nanagement for June 4,1974 I
discuss that meeting infra p. 4.
My handwritten notes are on the May 30, 1974 meeting notice, but I doubt that these notes were taken at the June 4 meeting.
Before I attended such meetings, AEC staff members usually briefed me on the status of the application.
In all probability, I took the notes at a staff briefing held sometime before the meeting.
Because I was unable to determine the extent of my involvement in Diablo Canyon from the written documentation available, I requested the Office of the Genera? Counsel to contact fonner AEC employees who would have been familiar with i
my involvement in the review of the Diablo Canyon application in order to develop a more complete record on the nature of my participation in the appifcation review.
Trip Rothschild of the Office of the General Counsel was assigned the task of telephoning these AEC officials, many of whom are presently employed by the NRC.
Mr. Rothschild talked to H'arold Denton, Richard De Young.
Dennis Allison, J. Carl Stepp, Thomas Hirons, Frank Schroeder, and William Gammill.
Based on the information given by these individuals to him, I believe my involvement in the review of the Diablo Canyon operating license approximated the following.
I did not verify the accuracy of the account obtained by Mr. Rothschild.
In approximately June of 1973, Pacific Gas and Electric submitted an operating license application to the AEC.
In its application PG&E mentioned that there might be a fault near the reactor site -- the Hosgri fault.
It was the AEC's practice before docketing an application and commencing the staff's
e 3
formal review of it, to conduct a " mini" review to make sure the application was complete for purposes of docketing. As part of the Diablo Canyon " mini" review the AEC staff wrote PG&E in August of 1973 requesting additional information on several topics, including all the information PG&E had on the possible fault.
PG&E provided answers to satisfy the staff that the application was complete, except for the question pertaining to the fault.
Even though the PG&E app 1tca-tion was incomplete because of the lack of information on the possible fault, the AEC staff decided to docket the application and commence its review on the non-seismic issues.
PG&E assured the staff at this time that it would provide the requested information on the possible fault by the end of 1973.
After receiving this commitment, in October of 1973, the staff docketed the application. Several of the individuals Mr. Rothschild talked to stated that I must have been involved in the decision to docket the application and I believe this likely to have been the case, although I have no memory of my participation in this decision and no one specifically remembers my participation.
In riovember of 1973, a United States Geological Survey ship gathering seismic data in California at the reque'st of the AEC " discovered" the Hosgri fault.
Shortly thereafter, it initiated an intensive study of this fault. By I
l the end of the year PG&E had not submitted to the AEC the promised geological t
data.
DJring the following six months there were apparently several meetings between the AEC staff and PG&E officials. At these meetings the AEC staff reiterated that PG&E had not supplied the necessary geologicial data and that PG&E should pursue the matter promptly and vigorously.
Several of the indi-viduals Mr. Rothschild spoke to indicated that I probably attended at least some of the meetings. None of the former AEC employees contacted could recall any
4 specific information regarding the June 4,1974, meeting.
Mr. Rothschild then called Phillip Crane, Counsel for PG&E, and inquired whether PG&E might have any notes on the June 4,1974, meeting.
Mr. Crane provided Mr. Rothschild with the attached notes taken by R. Bettinger, a PG&E employee who attended that meeting.
These notes indicated that at that meeting I expressed the view that the in#or-
~
mation gathered to date by PG&E regarding the fault was not adequate.
I sug-gested that additional investigation was required.
Shortly thereafter, in July of 1974, I terminated my AEC employment.
PG&E did not submit to the AEC the requested information until November 1974.
Thereafter, the AEC staff began to develop its position on the issues raised by the existence of the Hosgri fault.
Based on this information, I could not have been involved in the develop-ment of the AEC-NRC staff substantive position on the merits of issues related to the existence of the Hosgri fault.
Staff did not begin to develop its sub-stantive position until after I had left the AEC and the record upon which the Commission will base its decision was generated after I left the AEC.
In these circumstances, I will be able to consider the issues raised by the Diablo Canyon l
operating license application in an impartial manner unaffected by the limited involvement described above.
I therefore propose to participate in the Commis-sion review of the Diablo Canyon operating license application.
I will, however, consider any objections to my participation received by May 6,1980.
I specific-ally r'equest the participants in this proceeding who have additional information regarding my prior AEC involvement in the review of the Diablo Canyon operating license proceeding to provide me with such infomation.
I will carefully con-sider this information and any objections to my participation before determining
1 5
i whether I should participate in this proceeding.
Until I make a final decision, I intend to participate in Commission decis!ans regarding Diablo Canyon.
(*
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--- Joseph M. Hendrie j
Dated at Washington, D.C.
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'$. 1980.
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i this ' *. day of i
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A*?H Docket Nos.
50-275,
and 50-323 gg J. Hendrie, Deputy Director for Technical Review, Licensing l
A. Braitman, Chief, Office of Antitrust and Inde=nity, Licensing D. Huller, Assistant Director for Environmental Projects, Licensing PACIFIC GAS MiD ELECTRIC COMPA'iT - DIABLO CAhTON SITE - hTCLEAR UNITS 1 AND 2 The Pacific Cas and Electric Co=pany has tendered its application for an operating license for Diablo Canyon Site - Nuclear Units 1 and 2.
In accordance with the " Guide for the Preliminary Review of Facility License Applications," dated October 30, 1972, a schedule for conducting the acceptance review is provided as Enclosure 1.
This schedule must be cet for co=pletion of our preli=inary reviev in thirty (30) days in accord.ance with 10 CFR 2.101.
The FSAR for this application should be judged for co=pleteness on the basis of the " Standard Fornat and Content of Safety Analysis Reports for Nuclear Power Plants" datM october 1972 (Revision 1).
All review participants are requested to attend a coordination meeting on July 12, 1973 (Enclosure 2). Evaluation Reports (two copies) should i
l be provided to the Project Manager (T. Hirons, Extension 7243) no later than July 24, 1973.
The Regulatory staff issued the Final Environmental Statement related to Diablo Canyon Site - Nuclear Units 1 and 2 in May 1973; therefore, this application for an operating license does not include an Environ-cental Report.
Original Sigre d by R. C. DeYeurs
- 1. C. DeToung, Assistant Director for Pressurized Water Reactors Directorate of Licensing 1
Enclosures:
See page 2
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JUL 9 1973 2-
Enclosures:
1.
Schedule for Conducting Acceptance Review 2.
Meeting Notice ec: RP Assistant Directors TR Assistant Directors TR Branch Chiefs FWR Branch Chiefs W. Mcdonald R. W. Elecker M. Rosen A. Kenneka J. Panzarella G. Dicker
- 1. Carroll G. Ditenmn DISTRIBUTION:
Dockets (2)
FWR-3 Reading TEirons KRGoller RCDeYoung 1
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ENCLOSURE 1 SCF.EDULE FOR PRELIMINARY REVIENS DIA3LO CANYON SITE - NUCLEAR UNITS 1 AND 2 Event Date 1.
Preliminary work by L-FM.
Co=plete 2.
Applicant tenders application for Preliminary Review (Receipt Day).
07/06/73 3.
License Application and SAR are distributed.
07/09/73 4.
L-FM prepares and sends internal AEC me:mrandu=s with special instructions for the prelttinary review.
07/09/73 5.
L-FM prepares detailed schedule for preli=inary review, including meetings with Technical Review Staff and others as appropriate.
07/09/73 6.
L-PM prepares, obtains signature of Deputy Director for Reactor Projects, and sends letter to applicant acknowledging receipt of tendered application and notifying co=mencement of prelitinary review.
07/09/73 7.
Technical Review, and Office of Antitrust and Inde=nity (OAI) start preliminary review.
07/11/73 8.
Coordination meeting for all preli=inary review 07/12/73 l
participants.
9.
All participants in preliminary review sub=it 07/24/73 evaluation reports to L-FM.
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10.
L-FM completes final report and letter to applicant t
I for managecent approval.
08/01/73 11.
Deputy Director for Reactor Projects approves recc=-
mendations and signs letter to applicant.
08/06/73 12.
L-FM prepares DR Infor=ation Report to Co:nissioners, 08/06/73 if appropriate.
13.
L-FM and Regulatory Staff reviewers meet with applicant.
08/08/73 t
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. Enclosure 1
-2_
Event Date 14.
L-PM prepares a preli=inary safety evaluation report (about 4-6 pages) identifying potential saf ety concerns and the major review areas.
08/31/73
- 15. L-FM prepares tentative safety review schedule (Levels C & D) based on applicant estimate for docketing appli-cation (with additional infor=ation if application is rejected).
08/31/73 9'
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Docket Noa. 50-275 (
and 50-323 AUG 151973 A. ciz=Lus s o, Input 7 Director for E"-'ec: ProJ*ct** L RI?CRT CN RESUI.!S OF TSI. m.ITT.ESS RIVIrd FOR TII DT A".Tn CAMON UhdITS 1 AFD 2 l
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Back=round on July 10, 1973, the Pacific Cas and Ilcetric C---e y t ~'ered cs applic tien fer liceoses to operate tvo nucle:r pc.:: re=ctors et their Diablo Canyon site. We cite is located on the Pacific Ocean l
near San 1.uis Obispo, California, apprev'n=tely 230 =iles north of Los Angel.cs.
The constr=ction per=it fcr tait i vas is=ued on April 3, 1963, and for Unit 2 on recember 9,1970.
Both construction per=ita, which vera appliad for 12. two cep: rate applicatici:2, were gr nted after contested heari=gs, with the enviroceentAl hearing on Unit 2 scheduled to reconvens again next month. The thermal power ratings of the Units are 3338 and 3411 Edt, respectively.
De corresponding net electri' cal outpats are 1084 and 1106 We, respectively.
The most recent esti=4tes by the appli -"t and Remeter Operatic =s for the fuel leading dates are February 1,1975 and >~-her 1,1975 for Units 1 and 2, respectively.
Review conclueiens ce staff bzs ce=pleted the review of the tendered application and has I
cencluded that the appliestien as tendered is not sufficie:tly e plete for us to begin ou:r detailed review. %e applicatics was rejected by four branches in Maical Review (Mechanical Engineering Reacect Sy s te=a,
l Core Performanca, and Az=:111xry and Power Ccaversion Systc=s), and two others (Struerural Engineering and Site Analysis) identified serious d'eficiencies while granting conditional acceptanes.
In additien, the applicant followed the original February 1972 verzien of the Standard Format in the preparatics of his FSAR. *ather than the 0::tober 1972 lavision 1 doensent.
The Heck =nf ex1 rngf,eering Branch indicated that only apghtely j
501 of the infer = tion required for their review ve.s enpplied, s=d. chat l
d the FSAI cent.ained so x:==y deficiencies that any te
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l of the saa :arial provided venid be ~-*rizza at this ti=s.
Ye--tor Sysr== a=d Carm Perf m fcund the inf orm.adna con =4 W in the rSAR e
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(pri=4:lly Chapter 4) to be les: then S C~. c:c:ple t a. Althecgh =ech cf the deficient i=for= tion is expected to be cupplied at a 1 ster dete when the applic:=t cmends his 75A1 to i::erp:=te the 17 x 17 We:tingh :e core, the applic tion is still ec=:idered to be u=: cept:ble.
t.e N '1kry c 4 Pcv=r Cc= version Syste=s Sr:sch judged det the FIA.R centent =ects cely choot 757. of their ec=pletene:c require:c=tz, =d thct de info =:-
tico.ptcvided is sc=er:117 1 chi:- is the d:tcil required fer en C'.
review. Ch:pter 9 (Au=ilic:f Sy:tc=t) ute ide=tified c echteisin;
=ajor daficie=:ies. The Strue::::1 E ;inceri g 3::sch id-
-'"-d :cricu:
deficiencias in ths Sectics on D: ign of Cateiscry I Structure:, dile the Site A=r.lytis Erzsch '- "-
-d th:t inic : tien vs: either tet:117 or pertially lacking in the crc:: cf t::nedo dest;= criteric, lo::1 1
=atec:clegy,' *and 'sleps etch 111ty.
Cm the basis of the deficic cie:
- rized -beve, the ce f f ec:cluded that the cpplication =heuld not be de:keted in its present f e:s. A letter to the cppliczst has been prepe. red rejecti=g the applicatien, outli=ing the daficie=ctee and requc:ti.:;,othe.: :.ddition:1 1. fc:=. tics.
Review Sebedule Info:=al ccc=:unicaticas with rep csentatives of the applicant indicata that be vill be able to supply nest of the infor=ation en the deficient ite=sMthin 30 to 45 days i hovever, our lottar to the applicant ask.s hf.c to p crida as vith a fe = 1 schedule fer when he vill resub=it the appitc4tica.
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RP Readi=g F;,'R-3 Reading RCDeYoung ::
JMHendrie KRColler TJRircus VEWilson FOR PREVIOUS CONC'RRENCES SEI A m CEID YELLCL*.
J RE*I"Y7ED TO C'4ANCE SIGN.W*RZ BCM RS3c rd TO RC eTeunc AD/. irs i
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NOTE T0:
Joe Hendrie
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In order to have_a figr M nk... #
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completing EiabTo' Canyon. review without
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the need for upplement to the safety evalua-6'
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tion, would you pass the word to all the TR A/Os
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and B/Cs that this is a major goal of the 9
review, a supplement will not be reflected
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safety review should be conducted accordingly.
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approach and will help assure that there are a r<r no loose-end items being carried over that
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would of themselves need to be handled by F.
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R. DeYoung
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RUKlecker RP Reading GDicher L neadin:;
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Jhe detailed (1,cVel D) schedula for the radiclogical cafety ec: tion of F
the' Diablo C.1cyon 1 and 2 opersti=g license review is ancieseJ far your a:
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approval (see F.nclosura 2).
Target schedules for level "C" =ilestones
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q cre provided in Inclosura 1.
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d e construction permits for Units 1 and 2.rere isiued en April 'd; 1968, 2:d December 9,1970, respectively. cccpletion of ecustruction is currently
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cstisaated for August 1, 1974 foe Unit 1, and August 1,1975 for Unit 2.
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The applicant has i=dicated that he will be ready to lead fuel in Unit 1 cn Nove:nber 1,1974.
"he Di.ablo Cs= yen CL applic.at' on was initially t.cdared cc.iuly 10, 1973, and was subseccantly rsjacted on august 13, c.r;;
i f the 1973. 'Ihe rejectics w.s due pri:arily to the a:: tens ve cature o deficiencias ide=tified in the ISA2. Pacific t,as and Electric tendered JE; W
o revised application on September 26, 1973, and the application was docketed on October 2,1973.
- he prepcsed radiological safety review period for
- .'iablo Csuyon 1 and 2 is appe=xis:.ately twelve (12) oonths. This ti,e period begins wi h the decketi=g of the application and coocludes with the full ACnS Connaittee Eeeti=g. A supplement t.o the Safety Evaination Repcrt is not :yls=ned at this ti:pe; therefor =, the usual mileatenes leadi.sg to this d
--t are not reflected i= the proposed schedule. The proposed schedule is c rremely oped-A scic, and is designed to meet the appli:snt's estimated 6:el leadi=g date for C=it 1.
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E-rso so, the proposed prospective decisien date 1.s cct.:pacible. rich the z.ppidf.~t's esti,sted fuel loading date a=17 if there is ac '.L heari=s.
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..is : z, heuever, Oct likely, since C=its 1 2.=d.: mth u.vei-ccu cc: tea ted
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TARGET SCREDULE FOR LEVEL "C" MILES 70ES
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Date Applicstion and FSAR docketed 10/2/73 f.{..}.
Questions from TR to LPH
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Questions to Applicant 1/4/74 Response from Applicant
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Completion of Construction on Unit 1 8/1/74
~ia Safety Evaluation Issued 9/6/74 b
ACKS Meeting
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Prospective Decision Date 11/1/ 74 Esticated Fuel L'eading Date for Unit 1 11/1/74
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%iii.-:3 f$d DIABLO CANYON ~7IIN SCIIEDULE
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. No not'doncur in the attsched Oiablo Canyen 10-conth schedule. The' previously proposed 12-= cath schedule that we had agreed to was already -
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very tight and t'.is '"-^=- acceleratien cay not be schiev..ble. Hovever 7 -
2; I recognize that the schedule has been mandated by the Director and we
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C;'s will atte=pt to =ake good on it provided that the applicant meets his milestone dates. I have censiderable doubt that he can do so, and it 2nm;;
should be recognized that if the applicant breaches a=y of his due dates
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. our schedule vill not be met.
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In view of this candated change in allocation of T2 resources, we vi.11 review the i= pact on all other schedules and prepare the schedule change 2.2 ret;uests on other esse reviews that src necessary to acco==odeta the 3.J.: fj
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Diablo schedule.
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F F. Schroed,,
- j3t, Joseph !!. *denTrie, Oeputy Director j2{
for Technical Reviev Dir'ectorate of Licensing
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