ML20151T435

Amended Petition to Intervene.* License Condition 2.C.(7) of Full Power License DPR-80 Requires That Long Term Seismic Program Final Rept Be Submitted on 880731.Util License Amend Request Inadequate & Must Be Denied.W/Certificate of Svc

ML20151T435
Person / Time
Site:	Diablo Canyon
Issue date:	04/25/1988
From:	Clark E, Culver N SAN LUIS OBISPO MOTHERS FOR PEACE
To:	Atomic Safety and Licensing Board Panel
References
CON-#288-6154 88-566-03-OLA, 88-566-3-OLA, OLA, NUDOCS 8804290019
Download: ML20151T435 (7)

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4/ff A 1 N 000KETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION TB MH 27 P5

23-ATOMIC SAFETY AND LICENSING _BQARD OFFICE 0: SCCir. A6' Before Administrative Juds;es: 00CKf.Imn/. H9viu.

Ivan W._ Smith, Chairman ORANCH Jerry Harbour Gustave A. Linenberger, Jr.

In the Matter of Docket No. 50-275-OLA PACIFIC GAS AND ELECTRIC COMPANY Facility OL No. DPR-80 (ASLBP No. 88-566-03-OLA)

(Diablo Canyon Nuclear Power Plant, Unit 1) April 25, 1988 AMENDED PETITION TO INTERVENE In accordance with the Licensing Board order of April 13, 1988, Edie Clark and Sandra A. Silver, acting as San Luis Obispo Mothers for Peace, Inc., hereby amend the petition to intervene regarding Pacific Gas and Electric Company's request to delay completion of the Long Term Seismic Program (LTSP). The Board of Directors of San Luis Obispo Mothers for Peace, Inc. has authoriced the transmittal of this document. While many of our members live within twelve miles of the Diablo Canyon Nuclear Power Plant, some do not. We feel compelled to remind the Board that those members have friends and relatives and interests which sometimes bring them within that twelve-mile distance; for these reasons, they maintain an interest in this Proceeding. In fact, to apply such a geographical standard, would mean that we - and you - have a right to be concerned G804290019 880425' hDR ADOCK 05000275 O)

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Y only about the most parochiah issues. A list of several of ourmembersandtheiraddresshsappearsatthe-endofthis document, k It is not our intent to halt scientific study of the seismic character of the area turrounding the Diablo Canyon Nuclear Power Plants. In 1978,b; outstanding questions of seismic safety prompted the Advhsory Committee on Reactor Safeguards to recommend that a .';eismic reevaluation be done.

Seismic studies reported in 1984 were the latest in a series of concerns that finally led the:NRC to acknowledge the necessity of a comprehensive and', state of the art study; thus, the LTSP was made a conditihn of the operating license. This condition addresset. the critical seismic safety issue which exists at the niablo Canyon Nuclear Power Plants, and its importance must nc*,be underestimated.

Determining the seismic integrity jf the Diablo Canyon facility must not be arbitrarily ddlayed, particularly when no substantive reasons are given foi* the delay. Continued operation of the Diablo Canyon Nuc1dar Power Plant must remaincop..ngentatleastuponcomhletionoftheLTSPanda positive finding of seismic qualificabion. Pacific Gas and Electric Conpany's license amendment :: request must be denied, and we contend the following:

Contention _1 One of the original intents of the NRC licensing process for

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3 the Diablo Canyon Nuclear Power Plant was to insure public safety regarding the seismic design basis of the facility.

The burden of proof of design qualification rests with the licensee. Questions of geology, seismology, geophysics, and structural integrity were numerous in 1984; as a result, the operating' license was granted conditionally, and the LTSP was inaugurated. Since then, the work of the LTSP has documented numerous newly discovered onshore and offshore faults and has raised additional questions regarding the seismic integrity of the plant. The characterization of the Hosgri fault itself, whether it is largely a strike-slip or a thrust fault, remains in question. In the absence of proof of seismic safety, the license must be revoked on July 31, 1988, and the continued operation of the Diablo Canyon Nuclear Power Plant must be denied.

C o n t_e n.t i o n_ 2 Seismic activity is an acknowledged threat to the safe generation of nuclear power. The results of recent seismic studies in the vicinity of the Diablo Canyon reactors raise serious questions about the assessment of seismic safety at the Diablo Canyon facility that was made at the time the cenditional license was granted. The proposed delay endangers the public health and safety, and must, therefore, be rejected.

4 Contention _3 There is insufficient evidence to indicate that the original deadline for the completion of the LTSP is no longer appropriate. The intent of the LTSP is to assess the seismic safety of the plant within a reasonable length of time. In the absence of sufficient evidence that the reasons for the original deadline are no longer valid, any extension must be denied.

Cont.ention_4 There is insufficient evidence to support the claim that failure to obtain the delay would result in undue hardship to the applicant. The applicant has failed to make an adequate showing in support of the claim that personnel currently involved in the LTSP are more urgently needed for other work, and that replacement personnel are unavailable.

Without substantial evidence in support of these claims, a decision to delay the LTSP would be considered arbitrary and capricious. Even if the alleged circumstances upon which the licensee premises its request for extension were, on their face, adequate to support a grant of extension, additional fact and circumstances known to the licensee and the petitioner (i.e, data and questions accumulated during the LTSP) render them inadequate. Pacific Gas and Electric Company's license amendment request must be denied.

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In conclusion, the License Condition 2.C.(7) of the Diablo Canyon Unit i full power license, DPR-80, requires that the Long Term Seismic Program Final Report be submitted on July 31, 1988. Absent that report, the operating license must be revoked. Pacific Gas and Electric Company's license amendment request is inadequate and must be denied.

Respectfully submitted, San Luis Obispo Mothers for Peace, Inc.

Edie Clark 613 Stanford, San Luis Obispo, Ca. 93401 Sandra A. Silver 660 Granite Creek Road Santa Cruz, California 95065 Nancy Culver 192 Luneta, Sea vois Obispo, Ca. 93401 Jane Swanson 475 Squire Canyon Road, San Luis Obispo, Ca.

Jacquelyn Wheeler 3303 Barranca Court, San Luis Obispo, Ca.

Sue Sunderland 6465 Corral de Piedra, San Luis Obispo, Ca.

By._

fl0W NA40Y CULVER Member, Board of Directors San Luis Obispo Mothers for Peace, Inc.

By E d itA, ) D A de)

EDITH (EDIE) G. CLARK Menber, San Luis Obispo Mothers for Peace Inc.

x l 00LKETED 6 UMikC

, UNITED STATES OF AMERICA -

NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING _E0ARD EN Before Administrative Judges:

Ivan W. Smith, Chairman kgict 0; snbtl Ae (OCKEliH Jerry Harbour BRANC" Gustave A. Linenberger, Jr.

In the Matter of Docket No. 50-275-OLA PACIFIC GAS AND ELECTRIC COMPANY Facility OL No. DPR-80 (ASLBP No. 88-566-03-OLA)

(Diablo Canyon Nuclear Power Plant, Unit 1)

CERIIElCATE_OF_SER'LLCE I hereby certify that the original document and two copies of "AMENDED PETITION TO INTERVENE" have been served by Federal Express on April 26, 1988 to:

The Secretary of the Commission Docketing and Service Branch U. S. Nuclear Regulatory Commission Washington, D. C. 20555 I hereby certify that copies of "AMENDED PETITION TO INTERVENE" have been served on the following by individually adddressed non-sealed envelopes enclosed with the original document and two copies sent to the Secretary of the Commission by Federal Express on April 26, 1987:

Ivan W. Smith, Chairman Administrative Judge Atomic Safet' and Licensing Board U. S. Nucler.r Regulatory Commission Washington, D.C. 20555 Gustave A Linenberger, Jr.

Administrative Judge Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D.C., 20555 Dr. Jerry Harbour Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D. C. 20555 l

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• Benjamin H. Vogler, Esq.

Office of the Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Emile Julian of the Office of the Secretary of the Nuclear Regulatory Commission has stated to me that he will facilitate distribution to the above list in a timely manner through deposit in the Nuclear Regulatory Commission's internal mail system.

I herby certify that copies of "AMENDED PETITION TO INTERVENE" have been served on the following by deposit in the United States mail, first class, on April 26, 1988:

Bruce Norton, Esq.

c/o Richard F. Locke Pacific Gas and Electric Company 77 Beale Street, 27th Floor P. O. Box 7442 San Francisco, CA. 94106 Dr. Richard Ferguson Vice-Chairman Sierra Club Rocky Canyon Star Route Creston, CA. 93432 Dian M. Grueneich, Esq.

' 80 Hayes Street, Suite 4 n Francisco, CA. 94102 fd'Y A W .

Edith (Edie) G. Clark, member, San Luis Obispo Mothers for Peace, Inc.

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