ML20205J762

Petition of Consumers Organized for Defense of Environ Safety for Leave to Intervene & Request for Hearing.Served on 860225

ML20205J762
Person / Time
Site:	Diablo Canyon
Issue date:	02/12/1986
From:	Mcdermott L CONSUMERS ORGANIZED FOR DEFENSE OF ENVIRONMENTAL
To:	NRC OFFICE OF THE SECRETARY (SECY)
References
CON-#186-196 OLA, NUDOCS 8602260392
Download: ML20205J762 (2)

Text

/96 SERVED FEB 251986 C. O. D. E. S. 00lMETEL Consumers Organized for Defense of Environmental Safety USUkC 731 Pacific Street, Suite #42 San Luis Obispo '86 FEB 18 P3 :25 CA 93401 0FFiu 805/544-7295 00CMUsui' ,..u 805/544-1693 Feb rdMyC"l2, 1986 Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Att: Docketing & Service Branch RE: Docket Nos 50-275 and 50-323 Pacific Gas & Electric Co., Diablo Canyon Nuclear Power Plant Amendments to Facility Operating License Nos. DPR-80 and DPR-82 Federal Register, Vol. 51, No. 8, Jan 13, 1986, pp 1451-1456 Denial of Proposed No Significant Hazards Consideration Determination for Spent Fuel Pool Re-racking Request for Hearing (10 CFR part 2)

Petition for Leave to Intervene (10 CFR 2.714)

Consumers Organized for Defense of Environmental Safety, C.O.D.E.S. ,

hereby and respectfully Requests a. Hearing and Petitions for Leave to Intervene in consideration of the above captioned matters.

C.O.D.E.S. has exhibited a long term interest in the safety and costs of Diablo Canyon to the ratepayers, taxpayers, members of the community, residents and business of the San Luis Obispo area.

C.O.D.E.S. has expressed and documented their interest and concern for these matters as intervenors in the State of California Public Utilities Commission hearings regarding Diablo Canyon.

C.O.D.E.S. takes issue with the licensee's contention that the license amendment request involves no significant hazards consider-ation. C.O.D.E.S. believes that this matter is contrary to the requirements of 10 CFR 50.92(c) and that the License Amendment Re-quest; 1, does involve a significant increase in the consequences of an accident previously evaluated; 2, does create the possibility of a new or dif ferent kind of accident from any accident previously evaluated; and 3, does involve a significant reduction in the margin of safety.

Further, in its evaluation, the licensee has neglected entirely the.part human error or foibles may play in the probability or con-sequences of an accident involving the re-racked spent fuel ponds.

8602260392 060212 PDR G

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l C.O.D.E.S. petition 3,

2-12-86 page 2 The proposed re-racked fuel ponds would be located 2% miles from an active earthquake fault. An earthquake fault whose exis-tance was suspected by the licensee in 1967 (NRC ACRS transcript subcommitte meeting, Feb 18, 1975, San Luis Obispo, CA, PG&E Con-sultant Dr..Jahns, "In 1967 the potential existance of the Hosgri fault was suspected."). At that time, the then AEC was told by PG&E, "they (the licensee) do not intend to do further trenching at the risk of uncovering geologic structures which could lead to ad-ditional speculation and possibly delay the project....and that fur-ther information of this type would only complicate a contested hear-ing." (pg 3, May 18, 1967 AEC Memorandum, Minutes of Meeting with PG&E, April 20-21, 1967 to discuss Diablo Canyon Reactor, Docket

1. 50-275).

The issues surrounding the Hosgri fault remain clouded and in-complete to this day because of the licensee's above exhibited at-titude in the early licensing process.

Your Hounourable Commission has ordered PG6E as a licensing condition, to conduct a long term seismic program to be completed in 1988. Approval of the spent fuel 3ond re-racking now would be premature without the information to >e generated by this study or a similar independent study. By ordering the study, the Commission itself has indicated that there are unanswered questions and pos-sible hazards that must be investigated.

C.O.D.E.S. asserts that the issues surrounding spend fuel re-racking need to be decided in a manner that will provide answers and assurances for the people in the communities around Diablo Canyon. At this point more questions are raised if a decision is made on the basis of an incomplete record.

As residents, property owners, ratepayers, taxpayers and work-t ers in an area impacted by the facility at issue in this matter; and fearing personal and property damage and loss should an error on the part of the licensing body be made; Consumers Organized for Defense of Environmental Safety, C.O.D.E.S. , a not-for profit- Public Interest group incorporated in the State of Californis, pet'itions for standing as an Intervenor in the above captioned matter and. all hearings in regards this facility, and requesta public hearings.

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' L'aurie Mc ermott, Co-ordinator cc: Executive Dir., U.S. NRC (Legal) i Phillip A. Crane, Richard F. Locke for PG6E Bruce Norton Datagram #3737, Steven A. Varga