ML20207F210

Memorandum & Order Authorizing Issuance of Unit 2 License to Permit Fuel Loading & Low Power Testing.Served on 850424

ML20207F210
Person / Time
Site:	Diablo Canyon
Issue date:	04/23/1985
From:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
To:	PACIFIC GAS & ELECTRIC CO.
Shared Package
ML20204J197	List: ML20204J195 ML20205A099 ML20207F079 ML20207F140 ML20207F165 ML20207F210
References
FOIA-86-197 OL, NUDOCS 8701050487
Download: ML20207F210 (2)

Text

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. . b UNITED STATES OF AMEttICA NUCLEAR REGULATORY COMMISSION

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DetHETED

/ V5NM CCMMISSIONERS: ,: ,

(

Nunzio J. Palladino, Chairman Thomas M. Roberts James K. Asselstine GFFiCE Cr SEL: ~4-OCCP.ETING .s SEW,'

Frederick M. Bernthal BRANCM Lando W. Zech, Jr.

SERVED APR 24 G85

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In the Matter of )

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PACIFIC GAS AND ELECTRIC COMPANY ) Docket Nos. 50-275 OL

) 50-323 OL (Diablo Canyon Nuclear Power Plant )

Units 1 and 2)

MEMORANDUM AND ORDER In July 1981, the Atomic Safety and Licensing Board (Licensing Board) for this prcceeding authorized the Director of Nuclear Reactor Regulation to issue a licens*e to the Pacific Gas and Electric Company (PG&E) to load fuel and to conduct low pcwer tests up to five percent of rated pcwer at its Diablo Canyon Nuclear Power Plant, Units 1 and 2.

L'BP-81-21, 14 NRC 107 (1981). That decision was subsequently affirmed by the Atomic Safety and Licensing Appeal Board (Appeal Board),

ALAB-728, 17 NRC 777 (1983), and was not reviewed by the Comission.

CLI-83-32, 18 NRC 309 (1983). Because the Appeal Board affirmed the low-power dects' ion after it reopened thb record on the issue of design quality assurance for the facility, that reopening had no effect on the Licensing Board's low-power decision; it was neither vacated nor stayed e w e.1 K HOLMES86-197 PDR

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l l by the Appeal Board. See ALAS-763, 19 NF.C 571, 575 n.10 (1984). The Appeal Board's reopening of the record on design quality assurance was limited to the effects.of this issue on the Licensing Board's full-power decision. Acc:rdingly, when the time for review of ALAS-728 expired, Comission action on contested low-pcwer licensing issues was ccepleted.

That action was upheld in SLCMP v. NRC, 751 F.2d 1287 (D.C. Cir. 1984).

l l Under these circumstances, the Comnission's action today is i

! confined to unc0ntested low-pcwer issues and is, of course, withcut prejudice to the Appeal Board's consideration of Joint Intervenors'

! contention that further hearings are required on the design verification program for Unit 2 before that plant may be operated at full-power.

l Furtherecre, in view of the staff's briefing regyding uncontested issues relative to Unit 2, the Commissicn authorizes the Directcr of Nuclear Reactor Regulaticn to issue a license pemitting fuel loading and low-pcwer testing of this plant.

Cuissier.cr Asselstira disappr'ried this order. .

It is so Crdered.

,p nEco,, Fcr the Comission l  :,$,, . 'S.

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.7 // JOHN C. H0 LE

': d' Assiste&t Secretary of the Comission l

Dated at Washington, D.C.

this 8.} day of April,1985.

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