ML20062M967
| ML20062M967 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 08/17/1982 |
| From: | Reynolds J CENTER FOR LAW IN THE PUBLIC INTEREST, JOINT INTERVENORS - DIABLO CANYON |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8208200262 | |
| Download: ML20062M967 (7) | |
Text
..
k
,1 4,,
V N
DOCKETED USNRC UNITED STATES OF AMERICA
^
NUCLEAR REGULATORY COMMISSION. 82 MiB 19 N1,:4L BEFORE THE ATOMIC SAFETY AND LICENSING BON ;ECRETAW '.
g
' 000KETWG & $ERVICC
,BSANCH 2:
In the Matter of
)
)
i PACIFIC GAS AND ELECTRIC COMPANY )
Docket Nos. 50-275 0.L.
)
50-323 0.L.
(Diablo Canyon Nuclear Power
)
Plant, Units 1 and 2)
)
(Full Power Licensing
)
Proceeding)
)
JOINT INTERVENORS' RESPONSU IN SUPPORT OF GOVERNOR BROWN'S MOTION TO REOPEN THE PROCEEDING TO TAKE EVIDENCE ON QUALITY ASSURANCE On August 2, 1982, Governor Edmund G. Brown, Jr.,
representing the State of California, moved t'his Board for an I
order reopening the Diablo Canyon Nuclear Power Plan,t ("Diablo Canyon") full power licensing proceeding to take evidence on quality assurance.
In so doing, the' Governor relied upon, and incorporated 'ay reference, the Joint Intervenors' June 8,1982.
Motion to Reopen the Record, together with the supporting affidavit of Richard B. Hubbard, both of which have previously been served upon this Board.
The Joint Intervenors strongly support the Governor's motion.
All of the evidence offered and reasons presented inn support of their June 8th motion apply with equal force here.
The widespread breakdown in~ quality assurance described byfMr.
Hubbard and irrefutably established by the discovery'of over 200 errors in designLand construction at Diablo Canyon mandate not y
D 0
only the revocation of PGandE's low power operating license, but denial of its full power operating license applications as well.
In light of the revelations of the past nine months, there is no basis upon which to fina the requisite assurance that the facility has been designed and constructed and will operate in compliance with the Atomic Energy Act or the Commission's regulations.
42 U.S.C. S 2233(d); 10 C.F.R. S 50.40, S 50.57 (a).
Moreover, a finding now by this Board that operation of Diablo Canyon aill not be inimical to the health and safety of the public could not he made with even minimal confidence given PGandE's discredited design and construction program at the facility.
Hence, approval of PGandE's full power license applications would constitute an unlawful abrogation by this Board of its obligation to authorize licensing only when such a decision can be made consistent with protection of the health and safety of the public.
Id.
Since the Joint Intervenors' motion was filed, several further developments have given considerable additional force to their application for reopening of the record, developments equally relevant to Governor Brown's instant application.
- First, on July 1, 1982, the NRC released a Brookhaven National Laboratory ("BNL") study analyzing in detail certain aspects of the seismic design of Diablo Canyon.
Focussing on the annulus area of Unit 1, DNL raised significant questions about the accuracy of the mathematical models used by URS/Blume and PGandE to determine the seismic design response spectra for the facility.
This study establishes the existence of serious flaws in the fundamental design basis for Diablo Canyon, flaws which for years have gone undetected by PGandE, its subcontractors, and the NRC.
Second, on August 6, 1982, PGandE and its project manager, Bechtel Power Corporation ("Bechtel"), informed the NRC of their informal " corrective action program" which allegedly includes a complete review of the seismic design of the plant.
In response to the continuing discovery of discrepancies, inadequate documentation, miscalculations, and incorrect assumptions made in the seismic design of the plant, PGandE/Bechtel have apparently determined that a complete reanalysis going beyond the Independent Design Verification Program is neccssary.
That quality assurance and seismic design errors so pervasive could have occurred at Diablo Canyon despite the years of NRC review undermines the reasonable assurance of safety and regulatory compliance which is a mandatory prerequisite to licensing of a nuclear facility.
10 C.F.R.
S 50.40, S 50.57 (a).
Thus, this Board has before it incontrovertible evidence not only that numerous design and construction errors have occurred at Diablo Canyon, but that PGandE/Bechtel are now in the process of calculating and modelling a seismic design significantly different than that considered by the Board in prior licensing hearings.
To permit outdated and obviously erroneous. findings regarding quality-assurance and seismic design at Diablo Canyon to stand in the face of such developments would, in effect, not only nullify the right to public hearing mandated by 3 189 (a) of the Atomic Energy Act, but would significantly undermine the integrity of the licensing process as well.
Approval of any license application by this Board for full or low power operation at Diablo Canyon, on the basis of a record so inaccurate and incomplete, would invite intervention and reversal by the courts.
Accordingly, for the reasons stated herein and in their June 8, 1982 Motion to Reopen the Record, the Joint Intervenors respectfully urge this Board to grant Governor Brown's motion to reopen the Diablo Canyon full power proceeding to take evidence on quality assurance.
I DATED: August 17, 1982 Respectfully submitted, JOEL R.
REYNOLDS, ESQ.
JOHN R. PHILLIPS, ESO..
Center for Law in the Public Interest 10951 W. Pico Boulevard Los Angeles, CA 90064 (213)470-3000 DAVID S. FLEISCHAKER, ESQ.
P. O. Box 1178 Oklahoma City, OK 73101 O
By k UOBL R. TEYDOLDS Attorneys for Joint Inter-venors SAN LUIS OBISPO MOTHERS FOR PEACE SCENIC SHORELINE PRESERVATION CONFERENCE, INC.
ECOLOGY ACTION CLUB SANDRA SILVER BLIZhBETH APPEL3 ERG JOHN J.'FORSTER UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
)
PACIFIC GAS AND ELECTRIC COMPANY )
Docket Nos. 50-275 0.L.
)
50-323 0.L.
)
(Diablo Canyon Nuclear Power
)
Plant, Units 1 and 2)
)
(Full Power Licensing
)
Proceeding)
)
CERTIFICATE OF SERVICE I hereby certify that on.this 17th day of August, 1982, I have served copies of the foregoing JOINT INTERVENORS' RESPONSE IN SUPPORT OF GOVERNOR BROWN'S MOTION TO REOPEN THE PROCEEDING TO TAKE EVIDENCE ON QUALITY ASSURANCE, mailing them through the U.S.
mails, first class, postage prepaid.
Nunzio Palladino, James Asselstine, Chairman' Commissioner.
U.S. Nuclear Regulatory U.S. NuclearJRegulatory Commission Commissioner Washington, D.C.
.20555 Washington, D.C.
20555 Victor'Gilinsky,-
John Ahearne,-Commissioner:
Commissioner
.U.S. Nuclear Regulatory U.S. Nuclear Regulatory-
' Commissioner Commission Washington, D.C.
120555-Washington, D.C.
20555 Thomas Roberts, Samuel.J. Chilk, Commissioner Secretary U.S. Nuclear. Regulatory U.S. Nuclear Regulatory =
Commission Commissioner Washington, D.C.-
20555-
~ Washington, D.C.
20555
[Na
Mr. Harold Denton Docket S Service Branch Director of Nuclear Office of the Secretary Reactor Regulation U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Bradley Jones, Esq.
Leonard Bickwit, Esq.
Donald F. Hassell, Esq.
Office of General Counsel Lawrence Chandler, Esq.
U.S. Nuclear Regulatory Office of the Executive-Legal Commission Director - BETH 042 Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Thomas S. Moore, Chairman Washington, D.C.
20555 Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Herbert Brown, Esq.
Commission Lawrence Coe Lanpher, Esq.
Washington, D.C.
2055 Alan Dynner, Esq.
Hill, Christopher &
Dr. W. Reed Johnson
.Phillips j
Atomic Safety & Licensing 1900 M. Street, N.W.
Appeal Board Washington, D.C.
20036 U.S. Nuclear Regulatory i
Commission Byron Georgiou, Esq.
Washington, D.C.
20555 Legal Affairs Secretary to The Governor Dr. John H. Buck State Capitol Building Atomic Safety & Licensing Sacramento, CA 95814 Appeal Board U.S. Nuclear Regulatory Janice E. Kerr, Esq.
Commission Lawrence Q. Garcia, Esq.
Washington, D.C.
20555 J. Calvin Simpton, Esq.
California Public Utilities i
Admin. Judge John F. Wolf,
. Commission-Chairman 5246 State Building-I Atomic Safety & Licensing 350 McAllister Street Board San Francisco, CA 94102 U.S. Nuclear Regulatory Commission Mr. Fredrick Eissler Washington, D.C.
20555 Scenic Shoreline Preservation Conference,'inc.
l Glenn O. Bright 4623 More Mesa Drive Atomic Safety & Licensing Santa Barbara, CA-93105 1
Board U.S. Nuclear Regulatory Malcolm H. Furbush, Esq.
Commission Vice President & General Washington, D.C.
20555 Counsel Philip A.-Crane, Esq.
Dr. Jerry R. Kline Pacific Gas & Electric Company Atomic Safety &' Licensing.
sPost Office Box 7442' Board
. San' Francisco,-CA 94106
-U.S. Nuclear-Regulatory.
Commission
. Washington,-D.C. '20555 1
r David S. Fleischaker Post Office Box 1178 Oklahoma City, OK 73101 MHB Technical Associates 1723 Hamilton Avenue Suite K San Jose, CA 95725 Arthur C. Gehr, F.sq.
Snell & Wilmer 3100 Valley Center Phoenix, AZ 85073 Virginia and Gorden Bruno Pecho Ranch Post Office Box 6289 Los Osos, CA 93402 Sandra and Gordon Silver 1760 Alisal Street San Luis Obispo, CA 93401 Bruce Norton, Esq.
3216 N. Third Street Suite 202 Phoenix, AZ 85012 Nancy Culver 192 Luneta San Luis Obispo, CA 93401 Carl Neiburger Telegram Tribune Post Office Box 112 San Luis Obispo, CA 93402 CMt.C AMANDA VARONA I
-