ML20153H248

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Partially Deleted Memo Forwarding Addl Views on SECY-82-70
ML20153H248
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 04/20/1982
From: Ahearne J
NRC COMMISSION (OCM)
To:
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20151Y970 List: ... further results
References
FOIA-87-444 NUDOCS 8805120189
Download: ML20153H248 (1)
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NUCLE AR REGULATORY COMMISSION W ASHINGTON, D. C. 20555 5

April 20, 1982 OFFICE OF THE COMMISSION E R i

MEMORANDUM FOR: Secretary ,

FROM: John Ahearne h V

SUBJECT:

DIABLO CANYON PHYSICAL SECURITY ORDER (SECY 82-70)

Attached are my additional views on i Secy 82-70.

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OFFICE OF THE COMM'S$10N E R April 9, 1984 MEMORANDUM FOR SAMUEL J. CHILK, SECRETARY 9

Please send the attached memorandum from the General Counsel on "Licensed Reactor Operator Examinations" to the parties to the Diablo Canyon and Shoreham cperating license proceedings. I would also like this memorandum to be sent to the parties in the other pending operating license cases, as well as to the applicants in uncontested operating license cases.

C/

Victor Gilinsky

Attachment:

4/6/84 OGC Memo ec: Chairman Palladino Co:nissioner Roberts Commissioner Asselstine Co: cissioner Ber.. thal OGC i

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Congress of the Enittb 6 tarts 3fpouse of Etpresentatibtf Essbington, D.C. 20515 July 30, 1984 Wormation in tMs record was ddekd in accordance wit).tne frcMam of Informatr.10!

/.ct. uemptiens )

Honorable Nunzio Palladino f0" D 4Y)_ _ _

Chairman Nuclear Regulatory Commission 1717 "H" Street, N.W.

Washington, D.C. 20555 Dear Mr. Chairmar..

Thank you for your assistance in making Isa Yin of the NRC Region III staff available for a briefing on the Diablo Canyon nuclear facility on July 25. We sincerely appreciate your help in comp 1ying with Congressional requests of this kind, and hope this spirit ,of cooperation will continue.

We initially requested the driefing with Mr. Yin out of concern abou:  ;

his resignation from and lack of confidence in the investigation conducted by the NRC peer Review Group (PRG) into the design control and quality assurance issues raised by Mr. Yin before the Commission on March 26. As you know, the PRG was organi:ed to review and evaluate the Diablo licensee's compliance with seven License Con- ,

ditions attached to the low power test Operation License issued by the Commission on April 13.

At the July 25 briefing Mr. Yin outlined his concerns about the inadequate scope and improper documentation of the PRG's efforts, and conveyed his belief that additional neasures wereSpecifically, necessary toMr. ensure Yin compliance with the seven License Conditions.

discussed: 1). the necessity of properly documenting and performing additional analysis of small bore piping support computer calculations, ,

2) the need, to more closely analy:e the spacing and shimming of ,

closely spaced rigid support structures, 3) the importance of examining '

design assumptions relative to the placement of snubbers close to rigid restraints, and 4) the need to perforn additional theoretical and on-site analysis of potential main stem pipe contact with struct' ural and electrical interference obj ects. ,

Mr. Yin also detailed his continuing concerns about the improper use cf "quick fix" design changes at Diablo and possible inadequacies in the Independent Design Verification Program. He believes these problems point to a substantial quality assurance breakdown in the ,

areas of small and large bore piping design control. Mr. Yin also  !

discussed his findings of inadequate personnel training and the improper control of critical documents relative to the On-Site p Project ~ Engineering Group. ,/

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e Honorable Nun:io Palladino July 30, 1984 Page Two We are particularly concerned that while i: was Mr. Yin who raised the issues which led to the License Conditions, to ensure he was not the licensee's considered compliance vi:h essential to the PRG's effort Mr. Yin said that many of the PRG's meetings and on site them.

investigations were conducted whilehe had other commitments, and that he was denied access to critical documents when he requested them later.

Mr. Yin also indicated that the pRG examined the' various issues related to the License Conditions simultane.ously, and as a result, he was unable to participate in many staff sessions.

Mr. Yin believes that the scope of the PRG's review Most important,was inadequate, and that many of the original design-related problems As he states in testimony prepared for the at Diablo may persist.2 Full Power Operations License hearing, Commission's Augustreview of the Peer Review Team reports contained in the "SubsequentSSER draft revealed that they contain mostly undocumented reviqws There were cases where the inspection and casual observations.

sample selected was extremely small, where problems originallywhere r identified continued to exist, without technical justification, and where Team failed to address the specific program deficiency issues."

Last year, Mr. Yin was able to step into the Diablo licensing process i

and identify substantive design and quality assurance problems which had gone unnoticed by the NRC staff and on site inspectors. In short, while he was largely responsible for the impositionthey of the haveseven been License Conditions, he is far from satisfied thatMr. Yin responded to us in th complied with. In fact, asked directly if he believed Diablo should be given a full powerIn this c license the issuesat this time. with us, and feel he is uniquely qualified to he raised evaluate the licensee's compliance with the seven License Conditions.

Therefore, ye respectfully request that you provide Mr. Yin with the f

additional time and organi:ational freedom necessary to undertake a thorough analysis of the critical design and quality assurance We issues feel at Diablo which he feels have not been adequately addressed.

that such an investigation should be conducted prior to the Commission's censideration of a full power Operation License for the Diable facility.

su:h a review could be accomplished in Mr. Yin' indicated to us that only three to five weeks, af ter which timeWhile he could report his this additional J findings directly to the Commissioners. delay in the licensing process, such actio analysis may mean a sher:

l is clearly warranted given Mr. Yin's experience and continuing concer:

' Mr. Yin is viewed in the local community and by Members of Congress as a man of great perscnal in:egrity and substantial technical expertise, and such a review weuld go far teward assuring the public that every I

step has been taken to provide for the safety of the Diable facility.

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i M:n: able Nun:io Palladino July 50, 1984 Page Three letter to Representative Morris K.

In your February 17, 1985 Udall, Chairman of the House Com=ittee on Interior and Insular Aff airs, you stated design that "Weor will require adeficiencies construction high level ofaffecting confidence  !

at the facility that ne significantany safety at authorized level of operation existlevel of opert. tion."

before reaching a decision to authorize that '

do Given that Mr. Yin has serious doubts about which he himself first brought to the Commission's attent on, we the i

resolutio a "high level of confidence" in the full power we not believe that at this time. Accordinglyinvest, igation operability of the plant can exist urge you to consider authorizing a full and independe i the Cc =ission's high licensing standards. ..

Thank you very much for your sensideration of our views.

l Sincerely, i

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L20h r. FANETTA '

Member of Congress JER{:IM.PATTERSON Mem. : of Congress j l

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%, UNITED STATES

[ o NUCLEAR REGULATORY COMMISSION a w AsHINGTON, D. C. 20666 r.

.. JAN 2 31981 MEMORANDUM FOR: Cha, man Ahearne FROM:

Harold R. Denton, Director Office of Nuclear Reactor Regulation THRU: Executive Director for Operations h J. P.

SUBJECT : DIABLO CANYON SCHEDULING ESTIMATES As you requested during a discussion of the monthly report to Congress, NRR and OELD have prepared an anticipated schedule 'or the Diablo Canyon proceeding which reflects coments from the Chaiman of the ASLBP.

The enclosed schedule is based on the time provisions of the Comission's Rules of Practice in 10 CFR Part and an estimate of the procedural rulings which could be made by the licensing board pursuant to the Comission's Revised Policy Statement on TMI-Related Requirements. A definitive schedule is expected to be established in the Board's prehearing conference order (Item 2 on the enclosure).

The schedule does not reflect the possibility that the Comission might exercise its right under Appendix B to Part 2 to step in at an earlier stage of the proceeding to review the record on its own motion.

Asf N k Harold R. Denton, Director Office of Nuclear Reactor Regulation

Enclosure:

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Schedule i

cc: ComissioneeGilinsky Comissioner Hendrie Comissioner Bradford B. P. Cotter, ASLBP A. S. Rosenthal, ASLAP H. K. Shapar, ELD SECY OGC OPE OCA h5L.Y O $ '[W r) l

t Diablo Canyon Scheduling Considerations for Low Power Test Authorization l

l January 28 l

1. Prehearing Conference February 13
2. Prehearing Conference Order

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March 31

3. (Staff SER on full power scheduled for issuance) 0 Discovery Completed April 10 4.

Discovery opened  ;

(minimum time - 10 days following service of l interrogatories (5 days) to file; 14 days April 10 1 following service (5 days) to respond = 34 days)

5. Motions for Summary Disposition due by March 2 followed by 45 days to earliest hearing - (Response due by March 27,1980) April 26,1981
6. Hearing on Contentions (if required) May 4 - 29,1981
7. Recorti closes May 29, 1981
8. Applicant's Findings due June 18,1981 ,

I Joint Intervenors' - Governors' findings due June 29, 1981 9.

10. Staff findings due July 9, 1981 1
11. Applicant's reply findings July 20, 1981
12. Licensing Board decision September 14,1981
13. Exceptionsdo Initial Decision due and Stay request September 29, 1981 due
14. Responses to Stay request due October 14, 1981
15. Brief on Appeal due from appellant October 29, 1981
16. Appeal Board decision on whether Initial Decision November 13, 1981 should be stayed

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17. Comission decision on whether Initial Decision December 3, 1981 should be stayed
      • 18. Estimated date for issuing low power test December 3, 1981 authorization if no stay of initial decision December 3, 1981
19. Response briefs or. Appeal due December 14,1981
20. Staff response on Appeal due January 14, 1982  ;
21. Oral argument on Appeal February 19, 1982
22. Appeal Board decision March 11,1982 ,
23. Petitions for Comission Review t April 5,1982
24. Responses to petition for review April 20,1982 l
25. Comission decision on whether to review  !
      • 26. If no review by Comission but a stay was April 20, 1982  ;

issued estimated low power authorization is:

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27. If Comission review is undertaken briefing l schedule as follows: t May 20, 1982 j
28. Briefs on issues designated by Comission ,
29. Decision by Comission if no argument is June 14,1982 scheduled  ;

July 14,1982

30. Decision by Comission if argument scheduled I

June 14, 1982

      • 31. Estimated low power test authorization where stay is granted and Commission review ensues July 14,1982 If argument scheduled:

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COMMISSQ -

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' September 21, 1984

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CM AIR MA N The Honorable Edward Markey, Chai rma n Subcommittee on Oversight and Investigations Committee on Interior and Insultr Affairs United States House of Representatives

Dear Mr. Chairman:

This is in response to your September 17, 1984 letter repeating a request f or three transcripts of closed Commission meetings and SECY-84-291. These documents deal with litigation of a contested issue--earthquakes and emergency preparedness--in the Diablo -'

Canyon case.

We are transmitting these documents under'the agreement which you expressed te me by telephone on September 21, 1984 that you and your staff would preserve the confidentiality of these cocuments and limit them to internal Subcommittee use. i l

I very cuch appreciate your desire to develop improved working relationships betwcen the Subcommittee and the Commission, and I will work with you toward th,at end.

Sincerely, m _ & ML Nunzio J. palladino I

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The Honorable Nunzio J. Palladino Chairman -

U.S. Nuclear Regulatory Commisson 1717 E Street , N.W.

Washing:en, D.C. 20555

Dear Mr. Chairman:

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1984 The Commission's response :o the Subco=mi: tee's Augus 9, request fer documents concerning :he complica:ing ef fects of ear:hquakes on emergency preparedness is unacceptable. Your August 13, 1984 le::er states :ha: the Cc==ission majori:y has g

T.Ci decided te refuse the Subcom=i: ee's lawful request.

The Com=ission's proposal to provide :he documents during an Executive Session' of the full Committee is wi:hou: merit.

As Co==issioner Asselstine has stated, che Co= mission is obligated by law to provide the documents in ques: ion without such a cumbersome process.

I repeat my request for the three transcripts of the closed Com=ission meetings and SECY S4-291.

d o c um',n t s to be provided to the Subco==ittee Ibywould 12:00 like these noon, Friday, Septe=ber 21, 1984 In the event they have not been received,. as and pursue other options. of that time, the Subcommi::ee will then consider Sincerely, EDWARD J. MARKEY Chairman, Subcommittee on Oversight and Investigations

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