ML20127H241
| ML20127H241 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 06/12/1984 |
| From: | NRC COMMISSION (OCM) |
| To: | |
| Shared Package | |
| ML20127H233 | List: |
| References | |
| FOIA-84-740 NUDOCS 8506260263 | |
| Download: ML20127H241 (59) | |
Text
'
ORIGINAL 2
UNITED STATES OF AMERICA 3
NUCLEAP REGULATORY COMMISSION 4
7, 5
6 In the Matter of:
7 8
9 10 3;
WARMUP FOR-CHAIRMAN ON DIABLO CANYON 12 13 14 15 16 17 18 19 20 Location:
Washington, D.C.
Pages:
1 - 59 21 Date:
Tuesday, June 12, 1984 22 23 8506260263 050415 24 PDR FOIA DEVINEB4-740 PDR 25 FREE STATE REPORTING INC.
Court Reporting e Depositions D.C. Area 161-1901 e Bolt. & Annop. 169-6136
1 UNITED STATES OF AMERICA 2
NUCLEAR REGULATORY COMMISSION l
3 WARMUP FOR CHAIRMAN ON DIABLO CANYON 4
5 6
Nuclear Regulatory Commission 1717 H Street, N.W.
7 Washington, D.C.
8 June 12, 1984 9
The Commission met, pursuant to notice at 10:00 a.m.
10 COMMISSIONERS PRESENT:
11 NUNZIO PALLADINO, Chairman of the Commission 12 STAFF AND PRESENTERS SEATED AT THE COMMISSION TABLE 13 S. TRUBATCH G. MESSENGER H. DENTON S. BROKUM 14 D. EISENHUT B. JACKSON B.
HAYES J. KNIGHT 15 R. FORTUNA J.
ZERBE L. CHANDLER D.
RAFTON 16 L. SHOLLENBERGER J. GALLAGHER T.
BISHOP J. JUSTIN 17 R. DEYOUNG H. SHIERLING D. GARNER 18 R. VOLLMER N.
HALLER 19 G. CUNNINGHAM F. COMBS 20 D. MATTHEWS J. AUSTIN 21 J. FOUCHARD I<
iIN 22 S. UHESNA M. DENTON 23 24 25 FREE STATE REPORTING INC.
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PgQQEEglggg 2
CHAIRMAN PALLADINO:
Well, I suggest we get 3
started.
This is a warm-up session in preparation'for the 4
briefing on Diablo Canyon that will be held by the Udall 5
Committee at 2:00 p.m. on Thursday, June fourteenth.
I 6
thought before we get started it might be well to go around 7
the room and make sure I know everybody here and maybe you'd 8
like to know who's here also.
We'll also circulate an 9
attendance list.
Let's start with Sheldon Trubatch, we'll 10 go around the table.
11 MR. TRUBATCH:
I'm Sheldon Trubatch from the 12 Office of the General Counsel.
13 MR. DENTON:
14 MR. EISENHUT:
Darrell Eisenhut, NRR.
15 MR. CUNNINGHAM:
Guy Cunningham, ELD.
16 MR. CHANDLER:
Larry Chandler, ELD.
17 MR. SHOLLENBERGER:
Lou Shollenberger, ELD, Region 18 v.
l 19 MR. BISHOP:
Tom Bishop, Region V.
20 MR. DEYOUNG:
Dick DeYoung, I and E.
21 MR. GARNER:
Dan Garner, Chairman's Office.
22 MR. HALLER:
Norm Haller, Chairman's Office.
23 MR. COMBS:
Fred Combs, Congressional Affairs.
24 HR. MATTHEWS:
David Matthews, IE.
I 25 MS.
I'm Maria -, Commissioner Robert's l
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Office.
2 MR. AUSTIN:
John Austin, Commissioner Asselstine's 3
Office.
4 MR. FOUCHARD:
Joe Fouchard, 5
MR. YIN:
Isa Yin, Region III.
- O Irving_ Schul _tz, -)
6 MR. SCHULTZ:
7 MR. CHESNA:
Steve Chesna, Commissioner Roberts's 8
Office.
9 MR. DENTON:
Mack Denton, Commissioner Roberts's 10 Office.
11 MR. MESSENGER:
George Messenger, OIA.
12 11R. BROKUM:
Steve Brokum, Job Section Leader, NRR.
13 MR. JACKSON:
Bob Jackson, -- Chief, NRR.
14 MR. FORTUNA:
Roger Fortuna, OI.
15 MR. HAYES:
Ben Hayes, OI.
16 MR. VOLLMER:
Dick Vollmer, NRR.
17 MR. KNIGHT:
Jim Knight, NRR.
18 MR. ZERBE:
Jack Zerbe, OPE.
19 MR. RAFTON:
Dennis Rafton, PE.
20 MR. GALLAGHER:
Jim Gallagher, OPE.
21 CHAIRMAN PALLADINO:
Well, as you probably know, 22 the approach that we plan to take for the hearing is for me 23 to make a brief review of circumstances since the last 24 meeting and then ask Harold Denton to make a presentation 25 on the items that need attention, on which the staff is FREE STATE REPORTING INC.
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giving attention with regard to Diablo Canyon.
We also 2
have separate testimony by Isa Yin who I presume will be 3
called on after the Commission has given its testimony.
4 Now, yesterday, I sent around a memo to make sure 5
that we conducted this meeting in an acceptable manner and I 6
indicated that we would divide the meeting into two parts.
7 In the first part we would begin by having OGS what we can 8
and cannot discuss during this warm-up and any legal issues 9
with regard to the Udall Hearing if there are any.
10 Then, after that, I thought the EDO staff and OI 11 staff should be prepared to discuss the status of actions 12 they're taking, the status of the plant itself, the status of 13 seismic reviews, the status of review and investigation of 14 allegations and the general status of on-going or pending 15 litigation.
Then we could see what specific changes indi-16 viduals may think are necessary in their testimony.
17 I have one I propose to add on to my end.
We've 18 also arranged to make a transcript of this portion of the 19 meeting :so that any questions with regard to ex parte commun-20 ication can be corrected by serving the transcript on the 21 Parties if necessary.
22 Then in Part II, we would have the EDO and OI 23 staff leave the room.
Then I would like OIA to address the 24 status and nature of any on-going activities that may be 25 related to Diablo Canyon and then OIA would leave the room FREE STATE REPORTING INC.
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and then we'd discuss with OGC and OPE the types of items 2
that the Commission may need to have more information on or 3
items in which Commission decisions are necessary before we 4
address the question of -.
jh *
- 4. I ed "
5 Thqp we would not have a transcript of Part II of 6
the meeting.
So let me just turn to OGC to see what advice 7
or counsel they have to present to this meeting.
8 MR. TRUBATCH:
Well, the safest, most obvious 9
course is to confine the meeting to status discussions which to is pretty much where things are, what's been completed, 11 what's not been completed, where they stand, schedules, the 12 nature of unresolved issues, the nature of resolved issues 13 and the like and avoid argument over how things should be 14 decided.
I think that's the safest ground rule to follow.
15 CHAIRMAN PALLADINO:
If we stray, would you alert 16 us?
17 MR. TRUBATCH:
Although I think the danger is 18 much lessened if we, since we're keeping a transcript, we can 19 put the transcript and the papers in the Public Document 20 Room, there shouldn't be much of a problem.
But neverthe-21 less, the safest course is to confine the discussion to 22 status.
23 CHAIRMAN PALLADINO:
Okay.
Any other comments or 24 questions?
25 MR. TRUBATCH:
Let me point out that there are.two' FREE STATE REPORTING INC.
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adjudicatory items pending before the Commission.
2 CHAIRMAN PALLADINO:
Okay.
3 MR. TRUBATCH:
There is a final Licensing Board 4
decision authorizing the issue of the low power license 5
which dealt with emergency planning and the safety character-M ization of pressurizer heaters ah PORV's.
That decision is 6
7 Pending before the Commission for its effectiveness review.
8 It's also pending before the Appeal Board for 9
decision, exceptions f om that decision are pending for ce 10 the Appeal Board decision.
Also pending before the decision, 11 before the Commission are petitions for review of A-Lab 763 12 which is the reopen proceding on design quality assurance 13 issues.
14 The third item is A-Lab 756 which I understand 15 the review time expires today or has expired.
16 CHAIRMAN PALLADINO:
What was that on?
17 MR. TRUBATCH:
That was on a motion to reopen the 18 record on construction quality assurance motion which was 19 denied.
20 UNKNOWN:
I think the time was extended on that.
21 CHAIRMAN PALLADINO:
What was that?
22 UNKNOWN:
I believe the time was extended.
23 MR. TRUBATCH:
Okay.
In which case, that's also 24 pending still before the Commission.
25 MR. CHANDLER:
Excuse me, Sheldon, did you also FREE STATE REPORTING INC.
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~
p mention the consideration of the complicating effects of 1
2' earthquakes in emergency preparedness?
3 MR. TRUBATCH:
That's right.
4 CHAIRMAN PALLADINO:
Are there any other comments?
5 All right.
Well then, I suggest we ask Harold Denton whether 6
he 'd like to speak, to go through the status of the plant 7
and the Status of action items.
8 MR. DENTON:
Mr. Chairman, OI has indicated an 9
interest in going first.
If you'd like, they can describe 1
the status of their activities.
11 CHAIRMAN PALLADINO:
Okay.
12 MR. HAYES:
At the current time we have twenty 13 open investigations.
The twenty include inquiries.which is something less than a full scale investigation, sixteen 14 inquiries and four full investigations.
The areas that OI 15 is looking into involve intimidation and harassment allega-16 tions', false documents, allegations concerning QA/QC break-17 y!dfl M u-ACIb E dd"
^
f 18 down.
cga.vA cetL q a
9
- ~y,have two investigations classified as other g#
We 19 involving background investigations on guards, et cetera.
20 21
-We have one investigation on a m
'and 22 T
23 ue have an investigation looking into an allegation concern-
--d The alleger is a local 24 ing 25 resident.
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CHAIRMAN PALLADINO:
17hich of the four that you i
I 2'!
said were.now investigations?
}
3 e MR. HAYES:
Allegations concerning falsification of backgrounds on Pinkerton guards;id
~~
4 6
7 f The balance of a
our cases are less than full scale investigations at this 9
to time.
CHAIRMAN PALLADINO:
The inquiries, however, could 11 12 Possibly lead to full scale investigations?
13 MR. HAYES:
Yes, that's correct, Mr. Chairman.
We i
have identified to date thirty-nine allegations of wrong 14 doing out of the litany of allegations that have surfaced 15 16 concerning this plant.
Mr. Bishop advises me just a few moments ago that the region in conjunction with the Region V 17 OI staf f has reviewed the latest series of transcripts that 18 OI has obtained and we may have a nhw count on that.
19 MR. BISHOP:
That's correct.
20 MR. HAYES:
Later.
21 CHAIRMAE PALLADINO:
You say there were thirty-22 23 nine.
Are you saying that the twenty are what remain out of 24 the thirty-nine?
/
25 MR. HAYES:
Well, sorae of our investigations FREE STATE REPORTING INC.
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incorporata mora th2n cna c11Ggatien.
2 CHAIRMAN PALLADINO:
Do you have a schedule for 3
dealing with these allegations?
4 MR. HAYES:
- Well, what;. we have tried to do, Mr.
c 5
Chairman, is to work in concert with the Regional staff in 6
applying resources to those investigations that may preclude 7
the staff from taking a position on above 5 percent power.
8 We are now looking at closing out some of the inquiries this 9
month, some of the investigations in August and what we have 10 attempted to do because we cannot possibly resolve all of 11 these issues in what I would call a timely matter, is to 12 focus on those that might preclude the staff from taking a 13 position on additional power.
And Mr. Bishop just advised 14 me again a few moments ago that they've identified.one 15 other that they would like us to look at.
16 At this point, I'm unaware of any of these allega-17 tions or investigations that the staff has said resolution l
18 must be obtained prior to the staff taking a position.
CHAIRMAN PALLADINO:
Say that again?
19 l
20 MR. HAYES:
I'm unaware at this point, there's no 21 allegation that's been identified to us or no investigation 22 that would stand in the path of the staff making a recommen-l 23 dation on additional power.
24 CHAIRMAN PALLADINO:
I thought carlier you said 25 you were working with the. staff to identify those that might FREE STATE REPORTING INC.
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1 -
impact the power ascension.
2 MR. HAYES:
We are, but there's been -
3 CHAIRMAN PALLADINO:
None so far?
4 MR. HAYES:
As of last week, the staff and OI went ;
5 through how many other transcripts, twenty some?
6 MR. BISHOP:
A total of twenty-three of your 7
transcripts we've gone through.
8 MR. HAYES:
But at one point the d
9 was identified as a potential impediment for M
1'o the staf f going even to 5 percent power and we applied resources to that and resolved those issues to the staf f's 11 12 satisf action, even though OI has not totally completed that 13 investigation.
Our field work on that case will be com-(.
14 pleted this week.
CHAIRMAN PALIADINO':
Let me see if I understood 15 16 your statement.
These are my words, but they should reflect 17 what you said.
I understand you to say that rio OI investi-gations have potential to delay power ascension, would that 18 19 do it?
20 MR. HAYES:
That has been ident,ified by the staff 21 to us.
22 CHAIRMAN PALLADINO:
Oh, I see.
23 MR. HAYES:
I mean, I have to rely upon them to tell me which investigation in their judgment should take 24 f
priority or which allegation should be resolved before 25 FREE STATE REPORTING INC.
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they're able to take a position.
2 CHAIRMAN PALLADINO:
Do you have any more, Ben?
3 MR. HAYES:
No, sir, that's it.
4 CHAIRMAN PALLADINO:
Any questions?
All right.
5 Then why don't we go ahead to Harold Denton?
)
6 MR. VOLLMER: Let me go next to the overall status 7
of our review of allegations and have Tom Bishop describe 8
the activities that he's undertaken since the publication of 9
SSER 22 and events since that time.
10 MR. BISHOP:
Mr. Chairman, as you probably recall, 11 at the time the Commission decision was made on the low 12 power license, we had a total of 219 allegations documented 13 in SSER 22 and in addition to that, we had several petitions 14 and letters from the Government Accountability Project which 15 included quite a number of allegations.
We had reviewed 16 those prior to your meeting and at that time informed you 17 that there were no items in those documents which in our I
18 opinion should preclude low power testing.
19 We also in SSER 22 presented the criteria we were 1
20 going to evaluate future allegations on for consideration of 21 exceeding 5 percent.
Since out last meeting, we have 22 received some additional documents from GEF.
In addition, 23 we have received copies of twenty-three OI transcripts of 24 meetings between OI and the allergers.
25 In some cases there were technical staff members FREE STATE REPORTING INC.
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present, in others there weren't.
We reviewed each of, all 2
of those documents to first of all for three things.
We 3
reviewed them one to screen out all the allegations, took 4
them paragraph by paragraph and put an allegati.on number 5
next to each one where appropriate.
6 Secondly, and a step that we're still in progress 7
on, we're comparing those, quote, new allegations, against g
allegations that we already have in our system.
There is, as 9
one would expect, quite a bit of redundancy between the 10 actual OI interview transcript and previous written sub-11 mittals from GEF because in most cases they're interviewing 12 the GEF sources or the allegers and the allegers are telling j
13 OI directly what they had told us through their written 14 documents, so there is quite a bit of redundancy.
15 So we're comparing the old listing of allegations 16 to the new transcripts and then thirdly, we're applying the 17 SSER 22 criteria for holds on future licensing decisions to 18 all these allegations.
Our status on the three actions is 19 not fully complete.
l 20 We expect to be complete within the next few days.
21 We've gone through the preliminary cut and conclude that 22 there are probably on the order of between 700 and 800 total 23 allegations in the system.
And the reason I'm somewhat 24 tentative about that number is because we have a much larger 25 number but we have quite a number of duplications and we're FREE STATE REPORTING INC.
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going through and comparing each allegation against the 2
previous ones to eliminate the duplications and we think 3
when the duplications are all removed it'll be a number 4
between 700 and 800.
5 CHAIRMAN PALLADINO:
When you say you will be 6
complete in the next few days, does that mean you will have 7
gone through all of this?
8 MR. BISHOP:
We'll have gone through all the 9
available documents in the staff's possession.
to CHAIRMAN PALLADINO:
But you will not have made a 11 decision on each allegation?
12 MR. BISHOP:
That was my next status point.
I 13 think we also will have made a decision on each allegation 14 as to whether using our criteria in SSER.22 we would propose 15 to not recommend a licensing decision until it was 16 resolved.
At this point -
17 CHAIRMAN PALLADINO:
You would not make a licensing 18 decision until what?
19 MR. BISHOP:
That's what we're screening them for, 20 for that purpose, to see if there are allegations in that 21 category.
22 CHAIRMAN PALLADINO:
I see.
23 MR. BISHOP:
I should indicate that when -
24 CHAIRMAN PALLADINO:
You say you're going to make 25 a decision on each allegation within the next few days?
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MR. BISHOP:
That's correct.
We've already been 2
through that process and we think we will finalize that 3
process within the next few days.
I should add that we're 4
continuing to receive new allegations.
We're, I've been 5
informed that GEF is collecting, is going to be providing us 6
additional affidavits and we'll apply the appropriate 7
screening criteria to those.
8 Let me digress for just a moment.
When we issued 9
SSER 21, we identified five subject matters involving a 10 number of allegations, I believe the number was like twenty, 11 in which we identified as holds for 5 percent, exceeding 5 12 percent decision.
13 We added to that the small bore design concerns.
14 We changed the category from a hold on pre-criticallity up to 15 a hold on 5 percent.
So that brought the total number of 16 allegation related subjects up to six.
We have added an 17 additional -
18 CHAIRMAN PALLADINO:
I'm sorry.
I thought you said 19 there were twenty?
20 MR. BISHOP:
Six.
Twenty allegations involving 21 six subject areas.
If you add the small bore in, it proba-bly jumps up to thirty-five or forty allegations involving 22 23 six subject areas.
24 We are tentatively proposing to add one more 25 subject area to that list and that would be the subject area FREE STATE REPORTING INC.
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of high strength bolting.
- t's an area where we've done 2
most of our field inspecticn activities and are now evalua-3 ting the actions as to whe*:her or not they are consistent 4
with codes and standards.
5 CHAIRMAN PALLADINO:
You said you had six subject 6
areas, then you're adding small bore piping -
7 MR. BISHOP:
I'm sorry.
I said we had five.
8 Adding small bore piping, that made six.
Adding now bolting, 9
that makes it seven.
I will be happy to list all seven for 10 you if that would be helpful.
11 CHAIRfiAN PALLADINO:
Well, it might be helpful to 12 list them.
13 MR. BISHOP:
Okay.
No. 1, and I'm reading from 14 SSER 21 at this point.
No. 1 is a technical specification 15 limit on the operation of the component cooling water 16 system when the ocean water temperature is above 64 degrees.
17 CHAIRMAN PALLADINO:
Are these all listed in 18 SSER -
19 MR. BISHOP:
Yes, the first five are in SSER 21.
20 CHAIRMAN PALLADINO:
What page?
21 MR. BISHOP:
On page E-15 and E-16.
22 CHAIRMAN PALLADINO:
I thought maybe that would 23 save time on it.
24 MR. BISHOP:
Certainly.
25 CHAIRMAN PALLADINO:
I can go back and look at FREE STATE REPORTING INC.
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those.
2 MR. BISHOP:
You would have those five plus two 3
more, small bore issue -
4 CHAIRMAN PALLADINO:
Samil bore -
5 MR. BISHOP:
And the bolting issue.
6 CHAIRMAN PALLADINO:
Is the plan to resolve these 7
before considering power ascension?
8 MR. BISHOP:
It is our proposal that we complete 9
any analysis that's required and as appropriate come to a 10 full resolution on them.
When I use the term resolution, I 11 typically talk':about absolutely no loose ends lef t and it's 12 quite probable, in fact, probably it will be such that we 13 will have follow up actions on some of these items.
14 However, we would have resolved any remaining 15 safety concerns prior to recommending your consideration -.
16 MR.JUSTIN:Wasn't that component cooling water 17 allegation resolved in that license amendment already or 18 in SSER?
19 MR. BISHOP:
Yes, status, I didn't give the 20 status on these seven issues, but that's correct.
Several 21 of the seven are already resolved.
22 MR. JUSTIN: TWhy don't you talk about SSER 22 23 which is a more recent one?
l 24 MR. BISHOP:
We didn't talk about the 5 percent l
25 hold items in SSER 22.
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MR. JUSTIN:
Okay.
2 CHAIRMAN PALLADINO:
Well, let's see, out of the 3
seven, how many have been resolved to your satisfaction?
4 MR. BISHOP :
I might defer that to Mr. Denton.
5 Most of those go into his area.
The one that was in out 6
area dealt with the completion of inspection and verification 7
of as-built drawings located in the control room are adequate.
8 We have completed that item.
9 That was item three in SSER 21, three of the five.
10 The other four items in SSER 21 are being coordinated by 11 NRR.
12 MR. DENTON:
I think there are several still out-13 standing, Mr. Chairman.
We've not come to any overall 14 decision on this pending the completion of all the individual i
P eces.
But let me defer that question just for a moment to 15 16 see which ones we've actually resolved on the record because 17 they're the only ones I want to be able to refer to as 18 ones that are resolved in the SSER because I don't consider, 19 until we issue another SSER they're not resolved to my satisfaction.
20 21 I'd like to go to Dick Vollmer next and have him 22 discuss the activities in that class of allegations of ii P P ng and piping supports.
Also want to note Mr. Isa Yin 23 24 is here and I'd like to provide him an opportunity to dis-25 cuss his activities in this area, also.
Why don't you give FREE STATE REPORTING INC.
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a etctus rcport, Dick, on the review team?
2 MR. VOLLMER:
Dealing with the seven license 3
conditions that were fixed to the low power license, you know 4
the staff augmented the peer review group that had looked 5
into these areas to try to report to you and the ACRS, these 6
are consultants fr6mi.Brookhaven Laboratory and -- and E Tech 7
and did an extensive reivew of the various calculations, 8
documentations, had meetings with the Diablo Canyon team of g
-- and -- who are working on these problems and did some to extensive plant walkdowns,and atithis point in time have a 11 good technical handle on most of the issues.
12 I've almost prepared a preliminary draft SDR 13 dealing with thesetissues.
However, we are still waiting 14 for final information from Pacific Gas and Electric on some 15 of the technical questions that we did ask them.
We're also 16 meeting with ACRS Thursday to give them a status and answer-17 ing their questions they might have on this issue, also.
18 We had asked Mr. Yin to participate as much as his 19 time allowed and that he might participate and he's pretty 20 well tied up on other things, but he has been in interaction 21 with various other team members.
I think that's the status 22 on that program.
We're also going to -
23 CHAIRMAN PALLADINO:
This is the small bore piping 24 Program?
25 MR. BOLLMER:
Well, I was directing my attention to FREE STATE REPORTING INC.
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resolution of the coven lic nso conditions which want coma-2 what beyond the small bore, but certainly included that, the 3
seven license conditions that were a part of the low power 4
license.
5 MR. JUSTIN:
Is this going to be the latest SSER then?
6 MR. VOLLMER:
This would be the latest SSER.
7 8
MR. JUSTIN:
This will cover everything that is 9
OPen as far as -
10 MR. VOLLMER:
No.
11 MR. DENTON:
No, I'll get to that in a moment, 12 Jack.
This is an input to the SSER.
There are lots of 13 pieces that have to be pulled together.
I'd like to also 14 have Isa describe the status of his activities.
I should mention, too, that he's been invited by Dr. Myers to come 15 16 over this afternoon, I understand, and maybe you'd like to 17 Pursue that separately.
I don't know much more then that 18 an invitation has been extended.
Isa, you want to describe 19 your activities?
MR. YIN:
I already gave my testimony before the 20 Udall Committee.
I'd like to distribute this to you.
21 CHAIRMAN PALLADINO:
I think they have a copy.
22 23 MR. YIN:
You have this?
24 CHAIRMAN PALLADINO:
Is this the latest?
25 MR. YIN:
Yeah, this is the latest.
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CHAIRMAN PALLADINO:
Well then I'd better make 2
sure this is the latest.
Did you want to make any comments 3
on it, Isa?
4 MR. YIN:
I have revised my testimony based on 5
various discussions with the staff and the final part is'for 6
myself.
There's nobody affected in any way -- prepared that 7
testimony.
I will give you a few moments to read it and then 8
I give you a few statements as to the status of what's going 9
on.
10 CHAIRMAN PALLADINO:
Do you want us to take time to 11 read it now?
12 MR. YIN:
Yes, please.
W
- V 'W ef y W
13 CHAIRMAN PALLADINO:
Why don't you go ahead and 14 comment?
15 MR. YIN:
Mr. Chairman, the recent progress as far 16 as my participation is kind of limited and slow.
It's due to 17 many factors.
But the situation has been improved substan-18 tially.
As far as the unresolved items, basically there are 19 three different areas.
20 First, the license condition is basically taken 21 care of by the staff with my input on some of the acceptance 22 criteria and the review scope.
The major area that I have 23 some some concerns still remaining are the rigid and the 24 snubber proximity problem and also the rigid, the rigid spans 25 What Immean is, the scope of the -- review appears FREE STATE REPORTING INC.
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to be vary limited and I preennted the criteria that was 2
developed by another AE, -- Mundy,'for the staff's considera-3 tion, perhaps to request the licensee to broaden up theore-4 view scope. Also, the second area is the, my concern rela-5 tive to Independent Design Verification Program.
6 I have review a number of the -- Report.
There 7
appears to be a lot of deficiencies within, that they have 8
identified during their review.
But there was apparent g
lack of follow up on some of those deficiencies that they to have identified and also there's apparent lack of desire to it broaden the sample for the review program.
12 So that was my main concern.
This activity will 13 be conducted next week, the follow up review of those items 14 will be conducted next week at San Francisco, will be a 15 joint effort of NRR, myself and also the IE group -.
The 16 third area involving programatic issues, those you may 17 Call it QA/QC items.
18 It's mostly concern about the on-going corrective 19 actions as well as the Unit II work activities.
Those areas 20 especially reviewed by me and the work has not been going 21 too well because a couple weeks ago I went back to the site 22 looking into the -- system.
23 There appears to be there are still a lot of bugs 24 in there and we have informed the licensee to improve the 25 system again and subsequently in talking to different people, FREE STATE REPORTING INC.
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25 1
I think the management has to initiate more torceful action 2
to correct the situation.
But in the next few months I will 4
3 be reporting back and try to resolve all the issues identi-4 fied.
5 CHAIRMAN PALLADINO:
You spoke about the QA/QC 6
program for Unit II or this is Unit I we're talking about.
7 Does the problem exist on Unit I?
8 MR. YIN:
There will be minimum impact on Unit I 9
but the corrective actions, for instance reinspection and 10 reevaluation, we want them to apply the upgraded program 11 measures.
12 MR. BISHOP:
If I may, the problems Isa identified 13 dealt with the ongoing design activities at the site, most 14 of which are completed for Unit I and therefore the upgrading 15 measures won't apply to Unit I, but they are continuing to 16 work on Unit II so that the upgrading actions will apply 17 primarily to Unit II.
18 CHAIRMAN PALLADINO:
I guess I'm not clear on the 19 impact of that particular part of the program on Unit <I.
20 MR. YIN:
Well, there is new procedures for review 21 of the issues being raised by the staff by allegation and 22 those procedures is being upgraded and we want to make sure 23 they have applied the new procedures in performing the 24 reevaluation for Unit I work, but it is very limited in 25 scope.
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1 CHAIRMAN PALLADINO:
In your testimony you seemed 2
give a number of other items which need attention.
I presume 3
these are getting attention by the staff?
4 MR. YIN:
Those other items I list have been identi--
j 5
fied and it's been documented in my preliminary' inspection 6
reports.
We will have to close it before we issue the 7
report.
There's no sense to give them the violation items 8
at this stage of the game.
So when I issue my final report 9
all the items should be resolved.
10 CHAIRMAN PALLADINO:
Okay.
Do you and the staff 11 agree on the topics?
12 MR. DENTON:
Let me ask.
. ' ' ' ~
13 CHAIRMAN PALLADINO:
For this transcript, nods 14 don't count.
MR. DENTON:
There are nods on both sides.
15 Wg 7 hR.
.m JUSTIN:) Yes, the staff and I have been working 16 17 on this for quite a while and I think that the items repre-18 sented in his testimony are a pretty complete list of those 19 things.
20 CHAIRMAN PALLADINO:
Okay.
Thank you, Isa.
Any 21 other questions you have of Isa?
22 MR. DENTON:
Let me go next to Bob Jackson to 23 discuss the status of the development of a seismic design 24 basis revalidation program.
This week is Bob's last week 25 with the Agency.
I might note he served ten long years and FREE STATE REPORTING INC.
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he:.ds up the Geologic Branch.
Bob, you want to giva us -
2 MR. JACKSON:
I'll still be working on high level 3
waste activities.
Basically what we've done is we've 4
proposed a license condition which you voted on and attached l
5 to the low power license.
You also requested o'f the ACRS 6
that they examine this question and the significance of the 7
Crouch Paper, the new grologic information.
8 And we recently met with the ACRS two weeks ago, 9
had excellent five days discussion with them on both the 10 license condition and the significance of this paper.
We 11 will meet with the full committee again Thursday morning.
12 Basically what we're indicating, we've also met with the 13 licensee on the license conditions and they're in agreement 14 that thase would be a fruitful endeavor including the con-15 sideration of probabilistic safety assesment of some type at 16 the end.
17 The significance of the Crouch Paper, we also plan 18 a strong parallel effort internally by the staff to make 19 sure that the work done by PG&E would be measured against 20 some standard that we have.
I think that's about as far as 21 I can go in terms of status right now.
I'd be happy to 22 answer any questions.
23 CHAIRMAN PALLADINO:
To what extent does that, 24 either of those reviews influence any decision on power 25 ascension?
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MR. DENTON:
Wa, it's our undarctcnding that, cnd 2
the license condition we put in the license that this program 3
must be submitted for staff review by January, 1985 and 4
completed by 1988.
But it has been mentioned, I guess the 5
Crouch Paper, was mentioned in the recent letter from 6
Congressman Udall so that's why I wanted to bring it to your 7
attention, the status of it.
8 MR. JACKSON: What we're proposing is that it did 9
not have significance to full power.
It's a type of paper 10 we envision to be forthcoming in the license condition ij The license condition is actually written before we see that 12 Paper.
We felt we had briefed the Commission on that. at an 13 early date.
14 MR. DENTON:
With regard to the ACRS, I did want 15 to bring up one topic to be sure there's no misunderstanding.
16 We were not proposing to go back to the ACRS for review of 17 our results on these classes of allegations.
18 I think several ACRS members indicated they'd be 19 interested in that and I think at least one Commissioner 20 indicated that at a meeting where there was a formal action 21 taken by the Commission.
22 MR. AUSTIN:
Mr. Chairman, John Austin, Commission 23 Asselstine's Office.
Last night he signed out a memo --
24 bringing up the subject of the minority view on the Committee 25 noting that he had supported it at the April thirteenth FREE STATE REPORTING INC.
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' misting,but that thers w2e not a cicar Commiscion decicion 2
one way or the other to have the staff address the two areas 3
that the minority views that he addresses, those being the 4
documentation in considerable detail of how all allegations 5
were resolved and a staff examination of certain equipment to insure that the quality is really there.
6 7
He's asking that the Commission ask the staff to 8
address these two areas.
And that memo went out late last 9
night.
He was asking for response by tomorrow if possible.
10 CHAIRMAN PALLA7INO:
Yeah.
I don't understand.
The first item had to do with ACRS review of how allegations ij are handled?
Is that right?
12 13 MR. AUSTIN:
What he is asking for is the documen-i4 tation in considerable detail of how these allegations have 15 been handled by the staff.
His memo does not go to whether 16 the ACRS must review that prior to a Commission decision, but at least the documentation.
17 18 CHAIRMAN PALLADINO:
What was the second item?
19 MR. AUSTIN:
The second is going to the plant, NRC 20 staff, and looking at safety systems in detail to insure 21 that the quality is actually there.
22 CHAIRMAN PALLADINO:
And he's asking for a response 23 on these two items?
24 MR. AUSTIN:
Yes.
25 CHAIRMAN PALLADINO:
By tomorrow?
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MR. AUSTIN:
Yes.
He's proposing a staff requiro-ments minimum going out.
That would in essence have the 2
3 Commission endorsing the two requested actions by the 4
minority.
I don't know to what extent the staff was intende ing to at sometime address that issue, what it would entai'l 5
6 by way of staff time, how long it would take.
7 CHAIRMAN PALLADINO; Well, I hadn't seen that and I'm not sure what's involved in the turn around of tomorrow, f 8
We probably won't even get the SRM out in that short 4 period 9
to of time.
But we'll have to look at it.
11 MR. AUSTIN:
Has staff any plans for addressing 12 the, those items in the minority views?
13 MR. DENTON:
No, we did not plan to address them.
It was discussed at tne Commission meeting and there was no 14 clear view that I could discern from the Commi.ssion.
That's 15 why I brought it up today, to be sure that we were going 16 down the right path with respect to those minority views of 17 18 the ACRS.
19 CHAIRMAN PALLADINO:
John, is somebody walking that around to make sure that it comes to the attention of 20 21 the Commissioners?
22 MR. AUSTIN; It should have been walked around last 23 night and I'll confirm that 24 CHAIRMAN PALLADINO; All right.
Well, we'll have 25 to look at that.
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MR. DENTON:
Dick Vollmer remind:d me thnt the ACRS 2
subcommittee did meet out at the plant.
So the reviews were 3
still the same as they expressed and we don't know but there 4
has been, they conducted a walkdown inside the plant also 5
with some of the members.
CHAIRMAN PALLADINO:
You sa-( ACRS members?
6 7
MR. DENTON:
Yes.
What was that meeting, Dick?
8 MR. VOLLMER:
Well, it was a couple weeks ago.
9 The ACRS and three of their committee members plus consul-10 tants there and they basically performed that walkdown with 11 a lot of the same objectives, quality -e and so forth.
12 There's a lot of ongoing staff activity in the Region and recently the teams that formed the peer review group 13 more 14 have performed some of the same activities.
Now, again, I'm not sure of the extensiveness that the minority view is 15 16 looking for.
A lot of that activity has been carried out 17 over a period of tim" i
18 MR. I's['r N <
Let's see now.
Before I go to 19 Darrell to summarize where we stand in overall licensing 20 Posture on this, let me see if there's any group that's here 21 that wants to bring up other topics that are, where we need 22 to get' input -
23 CHAIRMAN PALLADINO:
What was the date of that 24 ACRS letter?
25 MR. JACKSON:
April ninth, I believe.
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CHAIRMAN PALLADINO:
Thic ic the one whero thny're 2
talking about the minority view.
3 MR. JACKSON:
April 9.
4 MR. DENTON:
Any other input before we ask Darrell 5
to -
MR. BISHOP:
Harold, I have one item I'd like to 6
7 clarify that we talked about earlier and I'm speaking now of 8
the interface between the region and OI.
I believe Mr.
9 Hayes indicated that they were counting on the staff to 10 Provide them identification of what should be allegations ij which should hold up further decisions and we're of course 12 Performing that analysis in accordance with the SSER but of 13 course we're counting on OI if their investigations should 14 identify something which would cause us to change direction, 15 we would expect OI to identify that.
16 MR. JUSTIN:
You're correct.
That's a two way 17 street.
We look at it from a somewhat different perspective.
18 Essentially the Region has a; technical view where we would 19 look at it more from individual -- reaching a level on a 20 corporate entity where there may be a concern for the 21 efficacy of the management.
22 MR. BISHOP:
I just wanted you to be aware that 23 OI was in the process in that aspect.
24 MR. JUSTIN:
So it goes two ways.
25 MR. EISENHUT:
Similar along the lines with what FREE STATE REPORTING INC.
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John was mentioning, I know thoro'c be::n quito e bit of 2
manpower put into Diablo Canyon in terms of reviewing the 3
allegations, but do we have any kind of a feel for, for 4
example, in terms of inspection modules, how that work is 5
going say over the last six months?
Has that been pretty 6
well dropped because of manpower or are they concluding 7
inspections similar to what we do with other plants?
8 MR. BISHOP:
I think I can answer that for you.
9 We have, basically break our inspection program into three 10 major chunks.
We have an inspection program for constrution, 11 an inspection program for start up and an inspection program 12 for operations.
We have completed programatic inspection 13 requirements for construction and we are on schedule will 14 all the programatic inspection requirements for start up 15 and operations.
16 Some of those don't necessarily come at the com-17 pletion of the data of the low power testing, but we are 18 on schedule and we have not starved those resources.
I 19 should say and construction on Unit II is continuing cs well 20 as pre-operational testing of Unit II where appropriate.
21 MR. DENTON:
Let me ask Darrell Eisenhut then to 22 summarize what his remaining, what I call ordinary licensing 23 matters apart from allegations on both sides and summarize 24 when we might be in a position to have a recommendation.
25 It's my own view, based on the amount of information that's FREE STATE REPORTING INC.
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34 1
going to be coming in very chortly that we would not be in 2
any position to make a recommendation to the Commission 3
before the end of the month, perhaps later.
But let me ask 4
Darrell to go through the things that have to be done with 5
the inputs from the various groups you've heard about in 6
order to be sure we have an integrated view.
7 MR. EISENHUT:
There's a number of things that are a
still pending, hanging loose, from the overall process in 9
addition to the ones we've talked about here.
Some are just 10 loose ends that we've been accumulating as time goes on.
11 Others are ones that actully result from time overtaking us.
12 Remember our policy or our approach was that we 13 had a license back in 1981.
That license is still in effect 14 in terms of the textbooks as they apply, the license condi-15 tions.
There are dates in the license, things that have to 16 be met.
17 So there are a number of things that are coming l
18 along.
We've got a number of loose ends.
We have a number l
19 from the Independent Design Verification Program.
Remember 20 the last time we briefed the Commission we said here were the l
21 areas that had to be resolved for low power and here are some 22 that could be deferred past low power but resolved prior to 23 full power.
24 We have something on the order of four of those, 25 four areas that we're resolving that will have to be FREE STATE REPORTING INC.
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cddracc d by enfoty cycluntion.
Wo have quito a number of 2
text back changes of things where as time goes on we're 3
talking the approach here, we have five amendments that are 4
actually going out, -- notices or have gone out on -
5 CHAIRMAN PALLADINO:
How many?
MR. EISENHUT:
Five that are presently going out 6
7 being noticed -.
We have questions that we're resolving 8
concerning hot operating experience on shift, the use of 9
shift advisers and that general arena we're continuing to 10 reasess.
i 11 Again, it's because of the changing times of where 12 we are.
We're looking now at the use of the qualifications 13 of shift advisors.
We have a number of 2.206 petitions that 14 are before us.
Actually a number, I think you could look at 15 it as four separate, you could look at it as one with three 16 supplements.
17 But we have a quite lengthy 2.206 petition that's 18 before the s taff we're still resolving.
The -
l 19 CHAIRMAN PALLADINO:
What is the nature of the 20 Petitions?
f 21 MR. EISENHUT:
It's a large number of things, 22 not only the allegations, but also wrong doings on the part 23 of the staff and just a large, very broad brush of a number 24 of things that we're requesting.
These are the 2.206's from 25 GAP.
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Th ra w ro four cubmittals from GAP ranging from 2
February through March, through May.
3 MR. GARNER:
Do you need to have the Director's 4
decisions before the full power is authorized?
5 MR. EISENHUT:
You in theory don't have to have the j
G 2.206, I think I'll defer to ELD, formally signed off, but 7
you certainly have to know that there's no matters in there 8
that should be.
9 MR. HAYES:
In practice, I attempt to act on any 10 Petitions that oppose an action before I take that action ti and in any event make sure I understand the nature of the 12 Petition and have a resolution of it even if I don't have it 13 actually out the door.
They came in as recently I think as 14 May third -
15 MR. EISENHUT:
Right.
16 MR. HAYES:
And so some of them are fairly new.
17 MR. EISENHUT:
There's also the areas that Mr.
18 Bishop mentioned earlier when he was talking about allega-19 tions, containment paint, system interaction or system, RHR 20 system, low flow alarms, a number of areas where we are 21 following more of a classical licensing approach where we 22 will be issuing a safety evaluation on.
So we have a number 23 of things that are before us that we're continuing our review
+
24 on.
25 All of those matter will be addressed and discussed FREE STATE REPORTING INC.
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1 in a staff safety evaluntion report.
So looking at the arecs 2
I mentioned plus the previous areas that we've talking about, 3
you can see there's quite a number of things that we must 4
address, again, all by safety evaluation.
5 As I agree with Harold, I don't see how we can have all of those issues with the recommendation before the 6
7 end of June.
And secondly, a number of those are dependent 8
upon-9 CHAIRMAN PALLADINO:
Do you expect to have them 10 by the end of June?
11 MR. EISENHUT:
My target would be the end of June, 12 yes, publish all of these documents by the end of June.
But 13 again-14 MR. DENTON:-
.I don't want to have a firm date, 15 Mr. Chairman.
I don't know how these latest review of the 16 allegations are turning out, how the small bore piping 17 system, how uses interest me ultimately require things to 18 be done further.
So it's not the kind of thing I can give 19 you a date on.
20 I think it's safe to say not before the end of 21 June.
But that shouldn' t be taken to be a commitment to 22 meet it by the end of June because I don' t yet know what the 23 various groups that are doing the work are going to conclude 24 and how much remaining work will beodone because it hasn't 25 all come together.
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CHAIRMAN PALLADINO:
The rearon I brought it up is 2
because I gathered that's what you were saying, that you were 3
aiming for the end of June.
4 MR. DENTON:
Right.
But there's even one other 5
qualifier I want to put on it and that is that the utility still owes us information in a number of areas and so, you 6
7 know, assuming, the best I think you could hope for is the 8
end of June because that is if the utility gives you an 9
adequate response, it all comes in and it resolves all of to our matters.
That's the kind of time frame we're shooting 11 for.
Next week we'll be sitting down with PG&E, going down 12 a complete listing of making sure we understand where all 13 these more classical matters would stand.
14 CHAIRMAN PALLADINO:
What sort of information by 15 example?
What do you need from them?
16 MR. EISENHUT:
For example, there's questions about 17 containment paint where the utility owes us some evaluation.
18 MR. DENTON:
And questions about small bore piping 19 and hanger performance that follow up from the license 20 conditions where the review team needs more information and 21 can supply.
So there's a lot of those.
The systems inter-22 action modification program we found some questions about.
23 So there's a number of areas the utility's going 24 to have to give us the answer to some questions, some bit, 25 some small.
As Darrell said, I can't see this coming FREE STATE REPORTING INC.
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39 j
tog ther in a way whern ws'd ba oble to have any kind of n recommendation not before the end of June at the earliest.
2 MR. GARNER:
Have you seen PG&E's letter of June 3
eighth?
4 MR. DENTON:
Yeah.
My next item was going to be 5
just that.
PG&E sent a letter in within the last few days 6
7 and PG&E's position is that the plant is ready today for g ing above 5 percent.
8 CHAIRMAN PALLADINO:
I thought they said they were 9
10 going to be ready by June -
MR. DENTON:
June nineteenth is what they requested.
jj 12 The letter I think says they've completed the low power testing.
They've completed a number of things to their 13 satisfaction.
They have a little wrap up work that leads 34 them to June nineteenth and I think the Region the last I 15 heard concurs that that's a workable kind of date.
16 MR. BISHOP:
That's correct.
17 18 MR. DENTON:
Again, not consideritig all these 39 other matters, all of our review so to speak, that's more the physical practicalities of plant.
So the plant is coming 20 21 together in seven days.
MR. EISENHUT:
So the kind of schedule I see is 22 23 we're going to wrap up an overall view as quickly as we can 24 get the input from the subgroups and understand them and be 25 sure they're complete.
~' ten we'll send this to the Commission i
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and then you'll nted to cchedulo o Commic ion to cct on it 1
and you'll need to consider any other proposals like the one 2
of Commissioner Asselstine.
3 4
MR. GARNER:
Darrell, did you say some of those text back changes were required before full power authoriza-5 tion?
6 7
MR. EISENHUT:
I don't know which are required.
The ones that are required before full power were previously 8
9 noticed so they're on a track, I believe.
I don't know of 10 any of those that look like it's going to impact the schedule.
n MR.JUSTIN:Darrell, you said that you had certain 12 13 concerns about -
CHAIRMAN PALLADINO:
Can't hear you.
14 MR. JUSTIN:
You said you still had some concerns 15 about the experience of at least the supervisors.
16 17 MR. EISENHUT:
No, I didn't, that's not what I 18 said.
What I said was, in light of the recent concerns 19 over the shift advisors and the training program, the a la
-- Gulf, we are going back and relooking at those people.
I 20 don't know of the concern of the staff's part at this time 21 on Diablo in the shift advisor area.
22 But it's on our list to go back and check and 23 24 see where we are.
That's my personal knowledge unless -
25 MR. JUSTIN:
I just wondered if you knew of FREE STATE REPORTING INC.
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cpecific amendmente that th y htd made with respect to 2
experience or training of their people, SRO's.
I think, if 3
I remember right, there wasosome type of 737 commitment, 4
Nureg 737 commitment, have a year's worth of experience on 5
the SRO.
6 MR. EISENHUT:
I don't know that.
7 MR. JUSTIN:
I was just wondering if you knew 8
whether or not they had met their commitments?
9 MR. EISENHUT:
I don't know.
I hadn't heard that.
10 That question hadn't been raised.
11 MR. JUSTIN:
How about 5525B which is as far as 12 I know is that still an existing regulation that requires 13 extensive experience to give these guys simulator exams?
I 14 know the Commission has issued a proposed rule change but 15 has PG&E come across with a request for exemption from that 16 particular regulation?
17 MR. EISENHUT:
I don't know.
I don't think they 18 have requested an exemption.
It would be a matter the 19 staff would deal with and I understand that is a matter of 20 controversy before the Commission.
But I understood today's 21 meeting was to not get into 'he substance, the merits of t
22 these matters, but merely the status.
23 MR. JUSTIN:
I was just wondering if they had 24 asked for an exception?
25 MR. EISENHUT:
No.
To my knowledge they have not FREE STATE REPORTING INC.
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asked for an exemption.
2 MR. BISHOP:
Just for your information on a status 3
basis, one of the actions that we have taken after they 4
initiated for, at the start of low power testing was to have 5
a team on site around the clock observing how their operating 6
staff performed and evaluating that and that report will be 7
out shortly.
8 CHAIRMAN PALLADINO:
Can we go back to the amend-9 ments?
Did I understand you to say that none of these 10 amendments would impact on power ascension?
11 MR. EISENHUT:
They would not be.necessary to be 12 completed before power ascension.
13 MR. DENTON:
Of the five that were out on the 14 miscellaneous text back changes that were notices, I think 15 that is correct, that either they were not needed or they are 16 already on a track where they will be resolved prior to that 17 time.
18 CHAIRMAN PALLADINO:
Oh, I see.
19 MR. DENTON:
They just were all noticed.
20 MR. EISENHUT:
So I think in summary, Mr. Chairman, 21 it's continuing to absorb a great deal of staff time.
Man-22 power is far beyond what we budgeted, I'm sure, in this case.
23
- EVeryone's schedule was to complete their individual piece of 24 the activity somewhere between now and the end of the month 25 and our job was to pull it all together and produce a safety FREE STATE REPORTING INC.
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43 i
evaluation for it and take a position on operation cbova the 1
present condition and send that to the Commission.
That 2
3 complete's the staff's comments.
CHAIRMAN PALLADINO:
Let me see if we've covered 4
5 some questions.
What is the status of plant readiness to exceed 5
percent power?
6 7
MR. BISHOP:
I'm sorry.
I missed the question.
CHAIRMAN PALLADINO:
What is the status of plant 8
9 readiness to exceed 5 percent power?
10 MR. BISHOP:
We touched on that very briefly, but we concur with the utility's estimate that by the nineteenth 11 of June it will be in terms of operational readiness, ready 12 13 to proceed.
14 CHAIRMAN PALLADINO:
Now, does that have any impli-cation with regard to their submittal of information that 15 16 the NRC needs?
17 MR. BISHOP:
That's exclusive of the other actions 18 that, in terms of the documents they need to provide to Mr.
19 Denton and company to close out his allegations.
That's 20 simply that they have in fact, that they feel they've ful-filled all their license commitments, completed their low 21 Power test program and appropriately analyzed all the results 22 23 and that the plant itself is ready to go.
We have on top of that the questions regarding 24 25 small bore, for example, that need to be resolved.
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MR. EISENHUT:
Jim Knight tells me they are over 2
due on some of the submittals regarding small bore license 3
conditions and we haven't received them yet.
4 MR. JUSTIN:
-- an unknown at this point, received 5
a call from Region V inspector. yesterday indicating that the 6
results from some of the May fourteenth through twenty-fifth 7
inspections that had been conducted had now reached the 8
point where they wanted to transfer another issue to us that 9
has to do with piping supports.
10 MR. DENTON:
That's the bolting issue I talked 11 about earlier, Mr. Chairman.
12 MR. JUSTIN:
Oh, is it the bolting issue, all 13 right.
14 MR. DENTON:
Right.
15 CHAIRMAN PALLADINO:
Is the licensee aware of the 16 needs of the NRC7 17 MR. EISENHUT:
Very much so.
18 CHAIRMAN PALLADINO:
We may have touched on every 19 one of these.
The second one, what open items from the 20 IDDP need resolution before full power is authorized?
21 What's the schedule for resolution?
22 MR. DENTON:
Darrell, you said there were four 23 areas.
24 MR. EISENHUT:
Four areas.
25 MR. DENTON:
Four areas that should be resolved by FREE STATE REPORTING INC.
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SSER this month.
2 CHAIRMAN PALLADINO:
I think we touched on the 3
total inventory of allegations.
I think you characterized 4
them.
I'm not going to need more on that.
It might be well 5
to take a moment, if this is an allowable question, how does the staff propose to deal with allegations at the full power 6
7 stage?
I'm not sure if that's an allowable question.
8 MR. BISHOP:
We propose to deal with them as we 9
stated we would in SSER 22, that is, we will evaluate all 10 incoming allegations and apply the criteria specified in the 11 SSER to those allegations.
If we determine there are allega-tions either based on our review or after we've done some 12 13 further evaluation of them that cause us to question the 14 safety or the management or quality systems to a significant 15 extent, we would not recommend that you consider a full 16 power, but that's -
17 CHAIRMAN PALIADINO:
I was thinking of last minute 18 allegations that may come in on the same day that the 19 Commission's about to make or address a particular issue.
20 MR. BISHOP:
Well, simlar to what ie stated at 21 the low power decision meeting, we have expended a vast 22 amount of staff resources.
I believe we said in SSER 23 something on the order of 18,000 man hours.
That did two 24 things for us.
25 One, it told us about the specific allegations in FREE STATE REPORTING INC.
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question.
But probably more importantly, it gave us some 2
broad insight on top of other data points that we have about 3
how the management and quality systems work at that plant over 4
the years and we know we have had weaknesses in the design 5
quality assurance area.
6 On the other hand we concluded that management and 7
quality systems have functioned reasonably well over the 8
years.
And so that if we receive last minute allegations, 9
unless they provide some startling new evidence that causes to us change thosc-directions, we would not propose that they 11 hold up a decision.
12 We would propose that the staff does evaluate all 13 allegations.
But unless they are, meet the criteria dis-14 cussed in SSER 22 for holding up things, we would propose 15 that they not be.
I might add, just in terms of data 16 points, what we have now over the years is we have the 17 staff's inspection program from 1968 on.
18 We have the IDDP issue.
We have an independent 19 verification of construction by Stone and Webster of two 20 important contractors for construction.
We have the GAO 21 audit that was one in 1977 and then we have an 18,000 hour0 days <br />0 hours <br />0 weeks <br />0 months <br /> 22 effort by the staff in the last few months on allegations.
23 So all of those add up in my mind providing a pretty solid 24 piece of information.
25 CIIAIRMAN PALLADINO:
Do you plan to be at the FREE STATE REPORTING INC.
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bricfing?
2 MR. BISHOP:
Yes, sir.
3 MR. DENTON:
You see, Mr. Chairman, that same sub-4 ject is of course on the Friday agenda, also, with the meet-5 ing on licensing delays and TOL's, et cetera, the approach to 6
handling those very last minute allegations.
7 CHAIRMAN PALLADINO:
Two more questions.
What's 8
the status of appeals or motions currently pending I guess 9
before various boards?
10 MR. CHANDLER:
Mr. Chairman, right now pending 11 before the Appeal Board are several matters.
First, there 12 is a motion to augment or reopen the record on design 13 quality assurance issue which is based on the recent allega-14 tion related matters.
15 Second pending is a motion to reopen the construc-16 tion quality assurance and licensee character and compe-17 tance.
That's a new motion on construction quality assur-18 ance.
The third item before the Appeal Board as Sheldon 19 Inentioned earlier is a full power appeal of which there is 20 one issue which is a potential impediment to full power 21 licensing, that being the requirement imposed to obtain 22 formal FEMA findings on the adequacy of the State of 23 California emergency plan.
24 MR. GARNER:
That appeal is by the licensee?
25 MR. CHANDLER:
That appeal is by the staff and the FREE STATE REPORTING INC.
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licen;;a.
2 CHAIRMAN PALLADINO:
What's the nature of that 3
appeal again?
4 MR. CHANDLER:
The Licensing Board imposed a 5
requirement that the staff.obtain FEMA findings on the 6
adequacy of the State of California emergency plan and -
7 MR. GARNER:
You said, you used the word formal.
8 MR. CHANDLER:
Yes.
9 MR. GARNER:
Meaning a complete -
10 MR. CHANDLER:
44 CFR Part 350 findings.
11 CHAIRMAN PALLADINO:
And what's the staff and the 12 applicant proposing?
13 MR. CHANDLER:
Well, as, I'm a little cautious 14 about where I'm treading on this issue because it is before 15 the Appeal Board.
16 MR. GARNER:
We can summarize that position -.
17 MR. CHANDLER:
All right.
In essence the staff 18 has argued that the formal FEMA findings under 44 CFR 350 19 are not required particularly in the State of California 20 A because it's not required by the Commission's regulations 21 and more fundamentally because there's already of record 22 information supporting the adequacy of the state plan to the 23 extent it would be called upon for response at Diablo 24 Canyon.
25 From a schedule standpoint, the state plan has not FREE STATE REPORTING INC.
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49 1
been submitted formally to FEMA for its findings, although 2
they are in the process of performing an interim review 3
which I'm led to believe is to be complete towards the end 4
of this month some time.
But that would not be the formal 5
sign off on that state plan.
6 CHAIRMAN PALLADINO:
Is the state plan specific 7
to Diablo Canyon?
8 MR. CHANDLER:
The overall state plan will include 9
all nuclear facilities in the State of California.
I think to there will be break downs by each of the five facilities in 11 the state.
There will be component pieces for each.
12 CHAIRMAN PALLADINO:
Are you saying the state plan 13 isn't ready for the other plants, either?
14 MR. CHANDLER:
It's my understanding that the 15 impediment at this time is finalization of the state plan 16 relative to Rancho Seco so perhaps Dave Matthews or Dick 17 DeYoung has something further, some further information on 18 that.
19 MR. DEYOUNG:
The impediments to the state plan 20 primarily are at this point in time the state's not having, 21 FEMA's review of the state and the state has not submitted 22 it for formal review.
23 MR. JUSTIN:
But FEMA does have the plan and they 24 have reviewed it and testified on it.
25 MR. DEYOUNG:
They have an interim draft plan for FREE STATE REPORTING INC.
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rGview.
2 MR. CHANDLER:
Two things.
One, they have given 3
findings to date based on the earlier drafts of the state 4
plan which could be used in the event of an emergency and 5
said that was adequate most recently in an April '84 set 6
f updated findings with respect in particular to Diablo 7
Canyon.
8 So they have found adequate the state plan for g
Diablo Canyon to that extent.
They are in the process of 10 doing an overall review on an interim basis of the total ji state plan.
12 CHAIRMAN PALLADINO:
Okay.
Do you want to go on?
13 MR. CHANDLER:
Those are the three matters that are 14 pending before the Appeals Board.
Before the Commission at 15 this point as Sheldon mentioned at the outset are four items, 16 one, an immediate effectiveness review of the Licensing 17 Board's initial decision of August 1982 authorizing issuance 18 of full power operating licenses for Units I and II.
19 The second matter is resolution of the issues 20 Presented by the Commission's order CLI84-4 regarding 21 consideration of earthquakes and emergency preparedness.
The 22 third item are the, is resolution of the petitions for 23 review of ALAB 756 which was the Appeal Board's denial of 24 the motion to reopen the record on construction quality 25 assurance and finally are the petitions for review of FREE STATE REPORTING INC.
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51 1
ALAB 763 which is the Appeal Board's decision on design 2
quality assurance issues.
3 CHAIRMAN PALLADINO:
You say on 756 and 763 did 4
the Commission say it was going to take review?
5 MR. CHANDLER:
No, it has not spoken yet to the 6
Petitions for review.
I believe the time for Commissioner 7
review on each has been extended and I'm not sure what the 8
latest dates are.
9 CHAIRMAN PALLADINO:
Any other pending litigations?
10 MR. CHANDLER:
Nothing before.the. Agency.
11 MR. TRUBATCH:
Nothing before the Agency.
We are 12 currently finishing the briefing of the merits challenge to 13 the low power license.
14 CHAIRMAN PALLADINO:
In the Court of Appeals?
15 One other question.
On page 17 of the staff responses to 16 Henry Meyers's questions, it is stated that inspection was 17 done on pre-1974 documentation, inspection report 8416.
18 Could you elaborate on what documents were looked at, what 19 information they contained and what conclusions were drawn?
20 I assume that's an allowable question.
21 MR. BISHOP:
Yes, I can, Mr. Chairman.
Just in 22 terms of what we did, why we did.
We of course had looked 23 at the NSC audit and the responses to the NSC audit first 24 in October and then in the November-December time frame and 25 issued reports on both of those subjects.
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Thtn ct our last Commission meeting I believe it 2
was you who inquired further about the area you just asked the 3
question on so we went back and have done an additional inspection of that area and published a report, our number 4
5 84-16 for Diablo Canyon, a report dated May thirtieth, giving 6
the results of our efforts in that area.
7 CHAIRMAN PALLADINO:
And what did you do, go back 8
and look at actual -
9 MR. BISHOP:
We looked at all the -
10 CHAIRMAN PALLADINO:
Documents -
11 MR. BISHOP:
Audits that were performed related to 12 welding activities under Pullman Power Products at Diablo 13 Canyon prior to the 1974 date.
What we found was that the 14 contractor himself, Pullman, had performed about seventeen 15 or eighteen audits of welding activity, looking at what are 16 considered the important aspects of welding, were they using 17 the right material, were they following the procedures,.!ab-18 servations of in process selding activity, all the substan-19 tive aspects of welding.
20 In addition to that, the utility's quality control 21 organization performed another seventeen or eighteen audits 22 during that period specifically of welding activities and 23 in addition to that the utilities quality assurance organi-24 zation performed I believe four audits of contractor's 25 activities in the welding areas.
We reviewed not only the FREE STATE REPORTING INC.
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cudit: but the cudit findings to determino whether thny were 2
substantive in nature, how they were handled and we con-3 cluded that they were substantive audits.
4 They did identify items to be followed up on.
They 5
did follow up and correct the problems and our conclusion 6
was that the program was monitored not only by the contractor 7
but the utility as well during that period.
8 CHAIRMAN PALLADINO:
Do we have a copy of your -
9 MR. BISHOP:
If you don't I can provide you one.
10 I have it with me.
ti CHAIRMAN PALLADINO:
Could you give it to Dan 12 Garner?
13 MR. GARNER:
I'll distribute this to the other 14 Commission offices.
15 MR. BISHOP:
Dan, I'd like a copy back, too.
It's 16 the only one I have with me.
17 MR. CHANDLER:
I would suggest that that document 18 perhaps ought to go out as a Board notification to be 19 certain that everyone -
20 CHAIRMAN PALLADINO:
Who's going to take care of 21 that?
22 MR. BISHOP:
Then we probably ought to wait 'til 23 then.
24 MR. CHANDLER:
It's a PDR document.
It's in the 25 PDR.
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CHAIRMAN PALLADINO:
If that's the only copy that 2
you have you better not let it get away.
3 MR. BISHOP:
I'll keep an eye on him.
4 CHAIRMAN PALLADINO:
Okay.
Now, I want to touch 5
base on one other item -- and that is the question of 6
changes to testimony.
I have one basic change in my 7
testimony, is a statement that says Diablo Canyon reactor 8
-- went critical on April twenty-ninth, low power testing 9
was successfully completed.
I don't know if we need the 10 word successfully.
11 But then the implication is left that the plant 12 was ready to go on the twenty-third.
I think we need a 13 statement PG&E informed us on June eighth that the plant will 14 be ready for power ascension by about June 19 so that the 15 record is clear that they weren't ready on the twenty-third.
16 Now, then I had one other, on the third page where 17 we say following this presentation we would be happy to 18 answer questions.
I would say that the Commission or the 19 staff was.iappropriate if :you.have.to ask a question.
- Isa, 20 did you have a comment?
21 MR. YIN:
Yes, I want to say a few things.
I just 22 don't want to interrupt but I just thought I may want to 23 give you some input on the possible schedule that I predict 24 may be different from the staff.
Right now the license 25 condition issue in these two major areas, the design FREE STATE REPORTING INC.
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55 1
criterin that I propomo differ with cctual propo:cl by c 2
factor up to seven, so there will be a big impact on whether 3
we will get the things done and solve everything as of to-4 day.
5 Secondly, the independent design work verification 6
program, I have submitted 29 pages of concerns.
Just to go 7
through those items will take perhaps more than a week, so 8
it's really unrealistic to predict that we will wrap up 9
everything by the end of this month.
10 Thirdly is the recent allegation which I partici-11 pated, they have brought in some substantial allegation.
I 12 think we'll have some impact on the system safety operation.
13 So for that three reasons, we perhaps may have to extend 14 well into July or August.
This is for your consideration.
15 CHAIRMAN PALLADINO:
Thank you.
I was refraining 16 from commenting on the tightness of the schedule but I think 17 you brought out several important points.
One other ques-18 tion, maybe I'll ask it of Fred.
Was Isa Yin's testimony 19 circulated for Commission information?
20 MR. COMBS:
Yes.
21 CHAIRMAN PALLADINO:
Was it?
22 MR. COMBS:
Yes, it was.
23 CHAIRMAN PALLADINO:
Okay.
Then we'll give them, 24 we'll also give them his revised one.
How about Harold 25 Denton's proposed?
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MR. COMBS:
I haven't seen a final copy of -
2 CHAIRMAN PALLADINO:
What's that?
3 MR. COMBS:
I haven't seen a final of Harold's 4
briefing notes yet.
5 MR. DENTON:
I can give you a copy.
Yeah, Fred, G
we brought extras since this is the retype since yesterday.
7 This is the retype of last night.
We brought extras down.
8 CHAIRMAN PALLADINO:
And I think that should be-9 circulated to all the Commissioners.
Do you have a copy for 10 me?
11 MR. DENTON:
Yes.
We brought extra copies along.
12 CHAIRMAN PALLADINO:
Did you see any significant 13 items that need change?
There was one editorial to that that 14 I caught.
I'm sure you caught it.
Anything else that we 15 should be covering?
The question was raised, do other 16 Commission Offices have comments?
~
17 Excuse me.
Could I get your attention?
Do other 18 Commission Offices have comments on the testimony that I'm 19 going to present?
If you have them could you get them to 20 us -
21 UNKNOWN:
By 2:00.
22 CHAIRMAN PALLADINO:
By 2:00, all right.
When must 23 we have them up there?
24 MR. COMBS:
Well, this is a briefing so it's 25 less formal.
I imagine in the morning.
The briefing would FREE STATE REPORTING INC.
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57 1
be -.
2 CHAIRMAN PALLADINO:
I would appreciate your 3
comments by early this afternoon.
4 MR. GARNER:
Jim Justin had a question.
5 CHAIRMAN PALLADINO:
Yeah, Jim?
6 MR. JUSTIN:
I had a quick question.
It's not 7
clear to be what Harold was saying a little bit earlier.
8 Are you under the impression that the Commission has or has 9
not accepted the previous staff position on 6525B?
In other 10 words, the staff had initially felt that the plant was in i
11 compliance with 6525B, OGC came back recently and said that 12 they did not agree with the staff's interpretation.
13 It was my understanding that the Comnission 14 accepted OGC's evaluation and then decided to change it to 15 6525B.
And since that change has not gone through yet, it's 16 not clear to me whether or not you feel that the staff's 17 position is still acceptable or whether or not the Commis-18 sion in fact overturned that.
19 MR. DENTON:
I can answer from the staff point of 20 view.
Absent Commission action, we would consider that 21 their last decision on this matter stood so until I get 22 further guidance from the Commission on it, I would propose 23 to treat this matter the same way we treated the last 24 applicant.
25 MR. JUSTIN:
I was trying to understand what you FREE STATE REPORTING INC.
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58 1
thought the Commission's last action was.
2 MR. DENTON:
The last action was the plant that 3
we licensed when the Commission took a vote on this matter.
4 I think you're asking me an internal Commission question and 5
I know what the issue is, but I can only act on whatever the 6
Commission officially did last.
7 MR. JUSTIN:
I wasn't -
8 CHAIRMAN PALIADINO:
Jim, why don't we look into -
9 that after leaving here?
10 MR. DENTON:
I guess I'm not aware of the internal 11 issue that you're raising until it gets disseminated to me.
12 I mean, if the Commission has adopted an OGC view I need to 13 be informed of that.
14 MR. VOLLMER:
Well, I think they've adopted the 15 OGC view.
The question would be what impact that has on 16 licensing at Diablo Canyon and I think as I recall, I may 17 be wrong, the Commission decision was that they would not 18 revoke any outstanding operators' licenses which meant that 19 the existing, the then existing cadre of licensed operators 20 would still be licensed operators.
But I guess people in 21 the applying in the future for operator licensing status 22 would need to either comply with our interpretation or wait 23 until the rulemaking has been processed and completed.
I'm 24 not sure what impact it has on licensing of -.
25 CHAIRMAN PALLADINO:
That's my impression but I FREE STATE REPORTING INC.
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c, 59 1
h2ta to cay it.
Any other items that we chould cover in 2
this part of the meeting?
Okay.
Well, thank you and now 3
we'll abk the Commission staff to retire to other duties.
4 Staff assistants can stay.
5 (Whereupon, at 11:30 a.m. on Tuesday, June 12, 1984, 6
the, meeting was adjourned.)
7 i
8 9
l 10 11 12 j
i l
l 13
^ f4
' 15 f
16 17 18 '
19 20 21 s
22 l
23 l
24 25 l
FREE STATE REPORTING INC.
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1 CERTIFICATE OF PROCEEDINGS 2
3 This is to certify that the attached proceedgins before 1
4 the NRC COMMISSION 1
5 In the matter of:
Warmup Session in Preparation j
for the Briefing on Diablo 6
Canyon 7
Date of Proceeding:
Tuesday, June 12, 1984 i
8 Place of Proceeding:
Washington, D.C.
9 were held as herein appears, and that this is the original to transcript for the file of the Commission.
11 12 13 14 QE,LBA REEDER Official Reporter 15 16 17 18 MELBA REEDER 19 OFFICIAL REPORTER r
i 20 21 l
22 23 24 25 FREE STATE REPORTING INC.
Co. set Reporting e Depositions D.C. Aree 141-1901 o Belt. 46 Annep.169-4236
GOVERNMENT ACCOUNTABILITY PROJECT Institute for Pohcy Studies 1901 Que Street. N.W., Woshington. D.C. 20009 (202)234 9382 September 13, 1984 FREEDOM OF INFORMATE Director ACT REQUEST Of fice of Administration NIS -N
") %
U.S. Nuclear Regulatory Commission b k k--/ 7-Washington, D.C.
20555 To Whom It May Concern:
Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. E552, the Government Accountability Project (GAP) requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, draf ts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, files, graphs, engineering analyses, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, any other data compila-tions, interim and/or final reports, status reports, and any other records relevant to and/or generated in connection with the June 12, 1984 Congressional briefing on Diablo Canyon including but not limited to any practice sessions, rehearsals or previews of possible questions that could be raised at the hearing, as well as any communication concerning the June 12 briefing af ter the June 12 briefing was concluded.
If any of the materials covered by this request has been destroyed and/or removed, please provide all surrounding documentation, including but not limited to a description of the action (s) taken, relevant date(s), and justification (s) for the action (s).
GAP requests that f ees be waived, because " findings information can be considered as primarily benefitting the general public," 5 U.S.C. 5552(a)(4)(A). GAP is a non-profit, non-partisan public interest organization concerned with honest and open government. Through legal representation, advice, national conferences, films, publications and public outreach, the project promotes whistleblowers as agents of government accountability. We are requesting the above information as part of an on-going monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear power plants.
For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and describing the documents or portion of documents withheld. The index should provide a detailed justification of your grounds for claiming each exemption, explaining why aach exemption is relevant to the document or portion of the document withheld. This index is required under Vaughn v. Rosen (I), 484 F.2d. 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974).
We look forward to your response to this request within ten days.
Yours truly,
'Q L/
'P CvhM6~
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