CLI-82-14, Order CLI-82-14 Rendering ASLB 820111,0514 & 0616 Decisions Effective.License Allowing Operation Up to 5% Power May Be Issued.Order Does Not Authorize Issuance of Full Power Licenses

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Order CLI-82-14 Rendering ASLB 820111,0514 & 0616 Decisions Effective.License Allowing Operation Up to 5% Power May Be Issued.Order Does Not Authorize Issuance of Full Power Licenses
ML20062H441
Person / Time
Site: San Onofre  Southern California Edison icon.png
Issue date: 07/16/1982
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To:
References
CLI-82-14, ISSUANCES-OL, NUDOCS 8208160050
Download: ML20062H441 (4)


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00LFETED UsnnC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION T2 1119 MI 5,;

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COMMISSIONERS:

r-~1 0 ';: *b 'c' Nunzio J.

Palladino, Chairman L /: -

Victor Gilinsky

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John F. Ahearne Thomas M.

Roberts gtggIghJijl_lgjgg2 James K. Asselstine

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In the Matter of

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SOUTHERN CALIFORNIA EDISON

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COMPANY

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Docket Nos. 50-361-OL (San Onofre Nuclear Generating

)

50-362-OL Station, Units 2 and 3)

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ORDER (CLI-82-14)

On January 11, 1982, the Atomic Safety and Licensing Board (Licensing Board) issued a partial initial decision for San Onofre Nuclear Generating Station, Units 2 and 3, which found that the seismic design of those units was adequate an'd authorized the issuance of operating licenses for operation up to 5% of rated power. 1/

On l

l May 14, 1982 the Licensing Board filed an initial decision l

dealing with the contested emergency planning issues and which, insofar as the contested issues are concerned, t

l authorized the Director of Nuclear Reactor Regulation to i

issue the licenses to operate San Onofre 2 and 3 at full 1/

A license to load fuel and operate up to 5% of rated power for Unit 2 was issued February 16, 1982, No. NPF-10.

8208160050 820716

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2 power subject to confirmation by the NRC staff that certain emergency preparedness matters have been completed and meet the requirements of 10 CFR 50.47.

In addition, the Licensing Board retained jurisdiction over two issues:

(1) the adequacy of the existing siren notification system in San Clemente, and (2) the adequacy of offsite medical arrangements for members of the public who may be injured in an accident.

Following receipt and evaluation of comments on this matter the Licensing Board decided, in an order dated June 16, 1982,that information on the deficiencies of the existing siren notification system forwarded by the City I

of San Clemente and Intervenors Guard, et al. did not merit reopening the proceeding and that the existing public notification system provides reasonable assurance that adequate notice to the public will be accomplished.

See 10 CFR 50.47 (b) (5) and Appendix E, IV, Part D, 3.

With this ruling, the Licensing Board terminated its jurisdiction over

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this matter.

In its May 14, 1982 decision the Licensing Board also found that Southern California Edison had not yet demonstrated the sufficiency of arrangements for medical services for members of the public.

However, the Licensing Board decided that the deficiencies in such medical arrangements were not so significant to preclude full-power operation for a period not to exceed six months while remedial action is undertaken by Southern California Edison and reviewed by the Licensing Board.

See 10 CFR 50.47 (c) (1).

i i-

3 The Commission will conduct an immediate effectiveness type review of the Licensing Board's decision on this issue pursuant to 10 CFR 2.764 (f).

The Board's subsequent order will be effective pending the Commission's review.

The Licensing Board is to give the Commission a report on the status of the offsite medical arrangements question within four months of the date of issuance of the full-power operating license.

The Commission has reviewed the Licensing Board's January 11, 1982 and May 14, 1982 decisions as well as the June 16 order pursuant to 10 CFR 2.764 (f), and has concluded that the resolution of the issues covered by these decisions does not appear to present the type of safety problem which would require the effectiveness of these decisions to be further stayed.

The Commission has therefore decided that these decisions may go into effect.

This decision is without prejudice to the subsequent appellate review by the Appeal Board and the Commission.

The license is subject to the condition that for operation above 5% of rated power to continue beyond six months from the date of issuance of the full-power license, the offsite medical arrangements issue must be resolved or further operation above 5% of rated power justified under 10 CFR 50.47 (c) (1).

Since the Licensing Board decisions deal only with matters in controversy before the Board, however, and not with uncontested issues which are considered separately by the staff and the Commission, this order does not authorize the issuance of the requested full l

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4 power licenses.

Such licenses will not be issued until the staff has briefed the Commission on the remaining issues and the Commission has voted on whether to authorize the licenses.

It is so ORDERED.*

GAR DEng For the Commission,

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SAMUEL /. 'CHILK e

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Secretary of\\the Commission k9 %kk5 Dated at Washington, D.C.,

this b ~f i

day of July, 1982.

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  • Commissioner Gilinsky was not present when this Order was affirmed, but had previously indicated his approval.

Had Commissioner Gilinsky been present he would have affirmed his prior vote.

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