ML20127D432
| ML20127D432 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 09/01/1992 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Cotter B Atomic Safety and Licensing Board Panel |
| References | |
| CON-#392-13210 OLA-2, NUDOCS 9209150042 | |
| Download: ML20127D432 (4) | |
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UNIVED STATES
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NUCLEAR REGULATORY COMMISSION g ty&(;p 3
j W ASHINGTON, D.C. ~0555
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'92 SEP 11 P3 :04 OFFICE OF THE Se Me h r 1
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$ECf1ET AR Y MEMORANDUM FOR:
B.
Paul cotter, Jr.
Chief Administrative Jud e Atomic Safety and Licensg) Board Panel l j)7 FROM:
Samuel J.
Chilk, Secret
SUBJECT:
PETITIONS FOR LEAVE TO IqERVENE SUBMITTED BY THE SAN LUIS OBISPO MUTlIERS FOR PEACE Attached is a petition to intervene dated August 18, 1992 and submitted by Nancy Culver on behalf of the San Luis Obispo Mothers
- for Peace.
The petition was filed in respc.1se to a notice of proposed issuance by the NRC staff of an amendment to the operating license for the Diablo Canyon Nuclear Power Plant, Units 1 and 2 (Docket Nos. 50-275/323).
The amendment would change the expiration date for the license for Unit 1 operation from April 23, 2008 to September 22, 2021 and the expiration date for Unit 2 operation from December 9,-2010 to April 26 2025.
The notice was published in the Federal Reaister at 57 Fed. Reg. 32571, 32575 (July 22, 1992) - (copy attached).
The petition to intervene is being referred to you for appropriate action in accordance with 10 C.F.R.
Sec. 2.772(j).
Attachments: as stated cc:
Commission Legal Assistants OGC CAA ELO NRR
= Nancy Culver, Pres.
Mothers for Peace Christopher J.
Warner, Esq.
Pacific Gas and Electric Co.
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I i-I 920?150042 920901 l
PDR ADOCK 05000275 l
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h%C August 18, 1992 Secretary of the Commission
'92 ME 21 I 2 43 U.S.
Nuclear Regulatory Commission Washington D.C.
20555 g,,
ggpy hui dPVICI Attention:
Docketing and Service Branch Ji Re:
Federal Register, Vol. 51, No. 141, July 22, 1992 Pacific Gas and Electric Co. Docket Nos. 50-275 and 50-323, Diablo Canyon NucJear Power Plant. Unit Nos. 1 and 2, San Luis Obispo County, California.
Ref.: LAR 9204
SUBJECT:
REQUEST FOR A HEARING AND PETITION FOR LEAVE TO INTERVENE AS REQUIRED BY CFR 2.714
Dear Sir:
The San Luis Obispo Mothers for Peace originally intervened in the licensing procedings for the Diablo Canyon Nuclear Power Plant in 1973 and continued until Units 1 and 2 were licensed to operate.
The majority of our members live and own property in San Luis Obispo County in which Diablo Canyon Nuclear Plant Units 1 and 2 are located.
We have exhibited a longstanding interest in and concern about the Diablo Canyon Nuclear Power Plant, its daily operation arid problems related to the plant.
We do have specific concerns regarding the extension of the expiration dates of the licenses for operation of Units 1 and 2.
Construction of the plant began in 1967 although actual operation of the plant was initiated much later.
Diablo Canyon, therefore, is an old plant with some of the materials being at least 20 years old.
The aging of nuclear power plant components is one of the most important issues facing the nuclear industry and the Nuclear Regulatory Commission as well as the persons living near these plants.
We may be confronted with potential accident scenarios which go beyond the design basis of current safety systems.
Steam generator tubes are susceptible to a host of aging problems.
Other problems of aging plants are pipe thinning, weld and pipe cracking and the embrittlement of reactor pressure vessels andreactor pressure vessel supports.The unsolved problem of the Thermo-lag material used in fire safety, material failure in recent testing, is also of great concern.
The plant's location in an area of high seismic activity and the
-possibility of the D.O.E.'s reneging on the responsibility of storage of high level radioactive vaste are additional reasons for our petition to intervene.
Rp9pectful ed.
cc: General Counsel,NRC
~ g er, Pres.
Legal Dept.,
P.G.
& E Board of Directors l
Mothers for Peace e3 pp
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- 22. 1992 / Notices 3:571 v.h Federal Register / Vol 57. No.141. /.Wednesdny, July v
amendment requests involve no stive measurement of the actual Findings of No Significant Impact sigmficant har.ards consideration. Under expected through a pathway The Commission has determmed not the Comnussion's regulations in to CFR post. accident conditions can be to prepare an environmentalimpact 50.92 this means that operation of the ined.The minimum pathway data statement for the reposed exemption.
facihty in accordance with the proposed
, the last two Unit 2 refuel outsgre Based upon the foregoing amendments would not (1) involve e
, Indicates that on a nunimum environmental assessment, the NRC sigmficant increase in the probability or
' thway basis. the quahty of pnmary staff concludes that the proposed action consequences of an accident previously tainment does not degrade wtil not have a sigmficant effect en the evaluated; or (2) create the possibility of eu:essively through the course of the quabty of the human environment.
a new or different kind of accident from cycle.In addition the previous For further details with respect to this any eccident previously evaluated; or (3) tage As Left, integrated Leak Rate proposed action, see the license (s involve a sigmficant reduction in a Test. completed on December 18.1990.
request for exemption dated May 27, margin of safety, ne basis for (ble jadicated that the rimary contamment 1992. which is available for public proposed determination for each operallintegrated eskage rate, which inspection at the Commission's Public amendment request is shown below.
. obtains the summation of allpotential Document Room. the Gelman Building, ne Comnission is seeking public
. leakage paths including containment 2120 L Street NW., Washington DC and comments on this proposed gelds. valves fittings, and penetrations, at the Moms Public Library. 604 Uberty ente received y co leak ra7e.74.8 we g$t Street. Moms, Illinois 60451.
tgrmmation.
h h day d % ndce d b percent per day plus the leakage rate of o, Dated at Rockvule. Maryland, t is 14t considered in making any finsi
.the leu t July m2.
~ allnonvented pathways and the leakage For the Nuclear Regulatu.y Commission.
determmation. De Commission will not ycompensation for the change in the Bymn 1. Slesel, normally make a final determination gdrywell sump levels.This value is Acting Director. Promct Directorate ill-2.
unless it receives a request for a g approximately 07 percent of the limit Cimion o/ Reactor Prorects /W1W V. Office beanng.
- specified in the Technical Srectfications o/ Nuclear Reactor Regulatwn.
Written comments may be submitted (1.2 weight percent per day or 0.75 L.),
M' he above data, along with the atation [FR Doc. 92-17268 Filed M1-92; 8 45 aml ev ew Brandt, ion P edotn of Inf rmation andfublicatior.s Services, e aSa r howing Office of Admtmstration. UA Nuclear I akage p that the probability of exceeding the off Biweekly Notice Applicatbna and Regulatory Commission. Washington.
site dose rates established in 10 CFR Amendments to Operating Ucenses DC 20555, and shculd cite the
'h part 100 will not be increased by involving No Significant Hazards pubucation date,and page number of extending the current 24-month Type B Conalderations
@s Natal hgsstemke; Wrmen k and C testing mterval for a maximum of comnts may alan ce daumd to i 122 days. The proposed exemption does a smund room P.223. Phillips Building. 7920
. not atfect plant nonradiological effluents Pursuart to Public Law (Puly.l.)97-415, Norfolk Avenue.Bethesda. Maryland and has no other environmentalimpact. the Nuclear Regulatory Commission (the from 7:30 a.m. to 4:15 p.m.7ederal
~.
Therefore the Commission concludes Commssion or NRC staff) is publishing workdays. Copies of written comments there are no measurable enytronmental this regular biweekly notice. Public Law received may be examined at the NRC impacts associated with the proposed 97-415 revised section 189 of the Atomic Public Document Room. the Calman exemption.
Energy Act of 1954. as amended (the Building. 2120 L Strest. NW.,
Alternot ve to the Proposed Act.on Actl. to require the Commission to Washmgton. DC 20555.ne filing of Since the Commission has concluded publish notice of any amendments requests for hearmg and petitions for issued. or proposed to be issued. under a leave to intervene is discussed below, there is no measurable environmental new provision of section 183 of the Act.
By August 21,199A the licensee may impact associated with the proposed his provision grants the Commission file a request for a hearmg with respect exemption. any alternatives with equal the authority to issue ano make to issuance of the amendment to the 0
or greater environmental lmpact need immediately effective any amendment subject facility operating license and 2
not be evaluated.The pnncipal to an operating license upon a any person whose interest may be alternative to the exemption would be to determmation by the Commission that affected by this proceeding and who 1
require rigid t.ompliance with the such amendment involves no significant wishes to participate as a party in the i
requirements of section IU.D.2(a) and hazards consideration notwithstanding proceeding must file a written request-III.D.3 of appendix i to 10 CFR part 50.
the pendency before the Commission of for a heanng and a petition for leave te Such action would not enhance the a request for a heanng from any person. intervene. Requests for a hearing and a protection of the envirortment and This biweekly notice includes all petition for leave to intervene shall be s,'
,f would result in unjustified costs for the notices of amendments issued. or filed in acconlance with the licensee.
proposed to be issued from June 28.1992 Commission's " Rules of Practice for Alternative Use of Resources through july 10,1992. The last biweekly Domestic Licensing Proceedings" in 10
. {'
This action does n" 'nvolve the use of natice was published on July 8,1992 (57CFR part 2. Interested persons should resources not considera,.ceviously in FR 30240).
consult a current copy of to CFR 2.714 I
the Final Environmental Statement for Notice of Consideration of Issuance of which is available at the Commission's
'Dresden. Units 2 and 3 dated November Amendment to Facility Operating Public Document Room. the Gelman 1973.
Ucense and Proposed No Significant Building. 2120 L Street. NW.,
. {
Agencies and Persons Consulted llazards Consideration Determinadon Washington. DC 20555 and at the local and Opportunity For Hearing public document room for the particular The NRC staff reviewed the licensee's The Commission has mado a proposed fac:hty involved. lf a request for a
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request and did not consult other determination that the followmg hearmg ci petition for leave tn intervene agencies or persons.
M572
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Federah Restister / Vol 57. No.1er / Wednesday. July 22. 1992 / Nooces ts fBed by the above data, the contentran must be one which if prover. days of the nonce pened,it is requested Comunssion or en Atonde Safety and would entitle tha petitioner to rehef. A that the petitioner promptly so iniorm Licensma Board, desagnated by the petitioner who fans to fila such a the commission by a tou-free telephone Comnussion or by the Chairman of the suppleme.nt wn.h satisfies these call to Western Useon at 1.{800) 3254000 Atonuc Safety and Ucensma Board requirements with resped tn et least one (in Missoun 1.{a00) M24700). De Panet wdirule on the requeet and6 contention wd! not be peruutted to Western Union operator should be given peution: and the Secretary or the participata as a party.
Datsgram identr$ca tion Number Nta::3 designated Atomic Safety and Ucenstns unse permitted to intervene becorne and the followmg message addressed to Board milissua a notice of hearms or parties to tha proceadmg. subject to any (Project Director) petitNer's narne and an appropnete ordae.
limitationa in the order granung leave to telephone number date retition was As requtred by 10 CFR 2314. a intervena, and have the opportumty to maded. plant name. we publicstion petition for leave to intervene shall set parucipata fully in tha conduct ci the date and page number of this rederal l'
forth vath paracularity the interest of beanng. mchviing the opportunrty to Register notice. A copy of the petition the petitioner tn the proceedtrqt.and present evidence and crnawxamme should also be sent to the OfBee of the how that interest inay be affected by the witnesses.
Generel Counsel. U.S. Nuclear results of the prac-dwe The petition li a beastna is requested the Regula tory Comnnssion. Wa shington.
should spectfh. ally explain the reasons r^mm"= ion will make a final DC::0555, and to the attorney for the why intervennon should be permitted determmation on the issue of no licensee.
with particular re(arence to the significant hazards consideration. He followmg iactan: (1) The nature of the final determmation will serve to decide Nontimely filings of petitions for leave petitioner's nght under the Act to be when the hearmg is held-to intervene, amended petitions.
made a party to the proceeding: (2) the if the final determination is that the supplemental petaions and/or requesta nature and exttut of the petitioner's amendment request involves no for beanng wdl not be entartained property, finarw:tal, or othee interest in stgnificant hazards consideratten, the absent a determination by the the proceedmg: and (3) the possible Commission may issue the amendment Commission. the presidmg ofncer or the effect of any order whichinny be and make it immediately etTective, Atomm Safety and Ucensma Board that entered in the proceeding on the notwithstandmg the request for a the pention and/or request should be petitioners interest. The petition should beanng. Any hearing held would take granted based upon a balancmg of Glso identify the specafic aspect (s) of the place after tsvuance of the amendment.
factors specified in 10 CI'R 2J14(a)(1)(ib subject matter of the proceedmg as to If the finaldetermm=6= is that the (v) and 2J16(d).
which peutioner wishes to intervene, amendment request involves a For further detads with respect to this Any person wbo has filed a petition for significant hazarda ennedarauon. any ac6n see h aWuon h leave to intervene or who has been heanng held would take placa before amendment which is avadable for public admitted as a party may asmend the the issuance of any amendment.
inspection at the n-m,.=w Public e
s petition without requestmg laeve of the Normally, the Commission will not Document Room.the Cahnsn Building.
Board up to fifteen lis) days prior to the issue the amendmant until tha 21m l. Street. NW., Weahm-aaa DC first preheanng conference mehad= led in the proceeding. but such an aanended expiration of tha 30 day notice period.
20555 and at thelocalpob6cdocument peution must satisfy the specificity However, should circumstances change W
W id@lnd.
during the nonce penod such that failure liodston Ughting & Power Co requiretnents desatbed above.
y, to actin a timely way would result, for City PpbHc Service Boani of Not later than fifteen (15) days pnor to example.in datating or shutdown of the Antom% Can'ral Power and ht
~
the first preheareg conference facility, tha t'^mmuMon may issue the Compaisy, City of Austta,To s, Docket scheduled in the proceecitng. a petitioner license am=admaa.t beinre tha Noa.SG-tes and fMas.
Texas shall file a supplement to the petrtion to expiration af the 30-day notice penod.
Project. Units 1 and 2 Ma a
intervene which must trdA a list of provided that its final datermmation in County,T '
the contentkone which are sought to be that the - Amae involves na litigated in the matter. Each contention significant hazards consadstation 'tha N'#l*
#87 2E must consist of a specalic vaternent of finaldetermmation wdiranswier al 1992, as suppie ented b letterdated the issue oflaw or fact to % ratsed oc public and Stata ramments receiv6A June 3.1992.
controverted.In mM1M=A ma petrticeer befors =Mem is taken.Should the Descriptionof ue antrequest shall provide a brief evptanation of tha t'^mmission take this action,it wd1 The proposed am ut revises spent bases of the contention and a concise publish to the Federal Register a notica fuel pool relatedTe can statement of the alleged facts or expert of issua u:e and provvia for opportunity Specifications in on63/4.0 and 5.6.
opinica which support the coraennoo for a heanng after issuance. The ne revised specifk.a ons introduce a and on which the petitioner intanda to Commission expects that the need to required boron cohcan tionin the rely in provmgthe contennon at the take this action wdl occurvery spent fuel pool ddring *uelmg heanng.He pebtioner must also infrergently.
operations and jiefine ca egories of fuel provide references to those spectSc A request for a heanns or a pet 2 tion assemblies based upon t.
sources and documents of which the for leave to intervene must be filed with burnup and of bw able peutioner is aware and on wbtch the the Secretary of the Commission. U.S.
poisons.The owable art gement of petitioner intends to rely to establish Nuclear Regulatory Cotamission.
assemblies thin the cpsat I poolis those facts or expert opinion Petitioner Washingtert. DC '0555. Attention:
deternuned a function of defined must provide sufficient information to Docketing and Services Branch, or may categones.
show that a gemune dispute extsts with be dellvered to the Commission's Public Bosis proposedno signifi nt the applicant on a matanalissue of law Documet?t Room, the Celman Building, hozords asiderution detenmn iom or iact. Ccatentona shall be limited to 2120 L Street. NW., Weshingren DC Asre by 10 CFR 5a911a),
matters withh the scope of the 2555. by the above date. Where licens. hem prmided its analysis fthe amenriment under consideranon. The petitions are fined dunng the last ten 110) issue f no sigmficant hazards I
Federal Restiater / Vol. 57. No.141 / Wednesday, July 22. 1992 / Notices 32575 Pzcirte Gas and Unctric Companyr ESAR Opdate safety onelyses are basco on A florney for //censest Christopher I.
Docket Nos. 50 275 and 53423. Diablo 40 year plant operenon.
Warner, Esq. Pacific Cas and Dectnc 5
di'^ce and raamienance precoces, as Company. P.O. Box 7442. San Francisco.
Canyon Nuclear Power Plant. Unit Nos.
wou"'as mhu pmpame euca es 1 and 2. San Luis Obispo County' Califorma 44120 ennronmental quahfication of equipment.
er sure ttmely idenuficanon and conecuon of NRC Pm/ect Dimesorc Theodore R.
g Date of amendment requests July 9, ary depsdation of safety.related plant Quay 1992 (Reference LAR 92 04) equipment. ne lona term integnty of the Portland General Umric Wy, et Desenprion of amendment requests:
",a c j
al Docket No. 50444. Trojan Nuclear u a ny a
The proposed amendments would revise methods and best available DCPP spectfic Plant Columba County, Ongon Facthty Operating License Nos. DPR.a0 data. ne evaluation results demonstrate, as poco o'* amendment requese June 28, and DPR-82 for the D!sblo Canyon before, that both resctor vesuls are safe f ',
1992 Power Plant Urut Nos.1 and 2 to change normal operanons m exceu of 40 years. Also j
the exptrauon date of the Unit 111 cense the offette radiauon upoeures ruuttma from Description of ametidment request 1 from Apnl 23,2008, to September 22, postulated acc2 dents han been reanalysed The licensee has proposed to revise 2021. and the expiration date for the usma populeuen pmiections for tbs proposed Technhal Specificauon Section 6.0, Unit 2 license from December 9,2010. to 40 year operating bconse terms. N Administrativt. Controls, to clanly the Apnl 20 calculated exposuru are not eigiuficandy responsibilities of the Vice President exptrau. 2025.These PrnP sed different from those documented in the FSAR and Chief Nuclear O! Boer and on dates would allow for 40 Update and am well within 10 CFR IM responsibilities of the Vice Pnsident.
yerre of operation as permitted by to guideline values.
Nuclear. Additionally, the licensea has CFR 50.51.
mmfore, the proposed changes do not proposg to correct severag editoriag he present operating license tenne involve a sigmficant incnue to 6 emn. nne errors consist of for Diablo Canyon are based on NRC probabihty or consequences of an acadent policy in effect pnor to the 1982 previously evaluated.
misspelled words, improper determmation by the Commission that
- b. Does the enanne cresie the possibility of capitahzation of terms, omitted words, the 40-year term of operauon may begin a new or differem kmd of acodent from any an ornstted definition tmproper accident prev.ousay evaluated?
punctuation, and errors tatroduced by upon issuance of the first oPersting W pouibdity of a new or different Lind of overlapptng amendments ~
hcense, rather than upon issuance of the accident is not created by the peuposed 40-Ba8i8 forproposed no sigmficant construction permit. Herefore, the year operstma hcann terme smco at least 40 hozards consideration detemunation present operating license terms for yeste opereuon was assumed in the design Diablo Canyon commence with the and construction of DCPP Units 1 and 2. no As required by 10 CFR 50.91(a), the P ant Maintenance Program is designied to licensees have provided their analysis of dates ofissuance of the construction l
p%rmits for Units 1 and 2. Apnl 23,1968.
both maintam and determme the need to the issue of no significant hazards tad December 9,197a respectively.
replace safety-related camponents.ha any consideration, which h presented Accordingly, the expiration date for the degredation that nusht pnasibly create a new below:
or diffetent kind of postulated actsdent would 1.nne changes do not involve a Unit 1 operaung license is April 23. 20s, be detected and corncted before the al nificant increase in the probabWty or t
and the expiration date for the Unit 2 occurrence of nch an enn' conuquences of an aded prevmualy g
operating hcense is December 9,2010.
brufore the propoud changu do not evaluated.
Since 1982, the Commission has create tha pombdity of a naw or different ne change in management reporting sccepted and approved requests to kind of accident from any accident prnsouslY rela tionships will prmnde for inasesed arnend existing operatinglicenses to evaluated.
semor management attennon to each of the change the exptration datas and recover
- c. Does the change involve a ognificaal functional aren in tbs Troian Nacisar Plant a
tb3 time between the effective dates of reduction in a magn of safety?
(TNPl orgamzanon. In parucular, the Vice the construccon permit and the first The proposed 40. year oparstma licaus*
President. Nuclear will be able to devots terms do not involve a :tgmficant reduction direct dey-to-day ettenuou to Plant operettna hcense.More than 50 such in a marsta of safety since degradation of operations. m Vice President. Nuclear is
}, -
license amendments have been granted safety-related equapment will be idenn5ed located et the Dotan atte end te responalble by the Commission. Consistent with and correciad by ongoma survedlance and for the functional erees directly reisted to current NRC policy, the proposed 40 maintenance practices. Existing pmgrama, day-to-day operenon of the facshty.no Vice year term start dates for Diablo Canyon routtne maintenanca. and comphance with Praident and Chief Nuclear Omcar retains are September 22.1981, for Unit 1 and Technical Specificanons assure that an responsibility for overnli nuclear safety.
Apnl 28,1985, for Unit 2, which adequate margm of safety is maintained.
His change dou w aHut Plant operaung
" *C"D" "dl "S** M d"t I i *b*
correspond to the effective dates of the procedures nor does it affect any systema.
fuel. load / low-power operating licenses Yeio theYro ku do not
- '" "*'""**d'
"'d "
- I"'"'"
for each umt.
Involve a significant reduction in a margin of P'*b*bdi'Y *' *****H"***** *I ** * ***d * *'
i
.Bosis forprvposed no significant salety.
'"$' $"*3 $' '*** m 4 h
hozords considerotion determination:
The NRC staff has reviewed the As required by 30 CFR 50.91(a), the licensee's analysis and, based on tHs admmistranve m nature and do not affect the licensee has provided its analysis of the review,it appears that the three way systema or components are operated or issue of no sigmficant hazards standards of 5a92(c) are satisfied.
mamtained. h editonal corrections do not consideration, which is presented Therefore, the NRC staff propost.a to change the intant of the Techrucal b11ow:
determine that the amendment requesta Spec 2fications and. therefore, do not involve
- a. Does the change involve a significant involve no significant hazards a significant increen in the probability or
'i increase m the protiebdity or conuquences consideration.
consequences of an accident previously
" *l"* **d' of en acadent previously evaluated?
l.ocolPtiblic Document Room
! A ne proposed so year operetmg beanse I' D"* "h*"8" d "" *" * ** *
- location: California Polytechnic State f
tenns do not affect the probability or possibibty of a new or a different kind of d.,
consequences of en accident previously University, Robert E. Kennedy Library-accident from any accdent previously evaluated since the requested extortaions Government Documents and Maps evaluated.
' ~
'r ented no phy1ncai change in tt a plant Department, San Luis Obispo, California na change in manasemect reporung equipa:ent or opereung procedurn and the 93407 relationships wdl provide for increased
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