ML20207F210
| 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: |
| References | |
| FOIA-86-197 OL, NUDOCS 8701050487 | |
| Download: ML20207F210 (2) | |
Text
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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-Frederick M. Bernthal OCCP.ETING.s SEW,'
BRANCM Lando W. Zech, Jr.
SERVED APR 24 G85
)
In the Matter of
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PACIFIC GAS AND ELECTRIC COMPANY
)
Docket Nos. 50-275 OL
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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 K
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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).
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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 nEc,,
Fcr the Comission o
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d' Assiste&t Secretary of the Comission
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// JOHN C. H0 LE l
Dated at Washington, D.C.
this 8.}
day of April,1985.
.