ML20210U820
| ML20210U820 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 08/14/1984 |
| From: | Cunningham G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Harold Denton, Deyoung R, Minogue R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE), Office of Nuclear Reactor Regulation, NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20210U520 | List:
|
| References | |
| FOIA-86-197 CLI-84-12, CLI-84-13, CLI-84-4, TAC-49424, NUDOCS 8610100209 | |
| Download: ML20210U820 (21) | |
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/c8E AUG 14 ISM Ncte to: Harold R. Denton, Director Office of Nuclear Reactor Regulation Richard C. DeYoung, Director Office of Inspection and Enforcement Rcbert B. Minogue, Director Office of Nuclear Regulatory Research From:
Guy H. Cunningham, III Executive Legal Director SU5 JECT: DIABLO CANYON - COMMISSION DECISION ON CONSIDERATION OF EARTHQUAKES IN THE CONTEXT OF EMERGENCY PLA"NING AND MEMORANDUM AND ORDER AUTHORIZING ISSUANCE OF FULL POWER OPERATING LICENSE On August 10', 1984, the Commission issued a Decision, CLI-84-12, determining that the complicating effects of earthquakes need not be considered in the centext of emergency planning, and a Memorandum and Order, CLI-84-13, author-i ing issuance of a full power operating license for Diablo Canycn Unit 1.
A ccpy of each is attached.
In its Decision, CLI-84-12, which affirms the' Ccamission's determination in Southern California Edison Co. et al., (San Onof re Nuclear Generating Station, Units 2 and -3), CL1-81-33,14 NRC 1091~(1951),
the Commission agreed with the Staff's position that the NRC's regulations do not require consideration of the effects of earthquakes in emercency planning (1) civen the low probabilities associa'ted with such events, (2} the flexibility inherent in emergency planning by virtue of the -accommodation of other, more f requent natural occurrences such as fog, severe storms and heavy rains, and (3) the questionable value of the expenditure of additional resources to cope with seismically-caused' damage censidering the modest benefit in overall risk reduction.
Further, the Commission determined that special circumstances do n:t exist so as to otherwise warrant consideration of the matter in the Diablo
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Canyon proceeding.
The Commission, nonetheless, directed that a rulemaking proceeding be initiated tc "cbtain additional information to cetermine whether, in spite of current indicaticns to the centrary, cost effective reductions in overall risk may be
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c tair;ed by the explicit consideraticn of severe earthquakes in emergency response planning."
(Slip op. at 9). The Commission instructed the Staff tc initiate such rulemaking shortly and to give " priority attention to the matter."
(:d.)
Further succestions on matters to be exp'.ored in the rulemakina are ri?iected in Chaihian Palladino's additional views, appended to the Decision (at 1-2).
8610100209 860930 PDR FOIA HOLMMS86-197.
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Aug14 mz '
A:ditier.ai views were aise provided by Comissioner Bernthal. Comissioner Asselstine dissented, stating that the "Comission's decision ignores fundamen,
tal principles of emergency planning, offends comon sense, and abuses the legal process."
(At1).
In his view, earthquakes should be considered for piants located in high seismic areas such as California and the parties should have the opportunity to litigate whether the Diablo Canyon emergency plan is indeed flexible enough to deal with the complicating effects of earthquakes.p In its l'emorandum and Order, CL1-84-13, the Comission, based on its effectiveness review of the Licensing Board's Initial Decision of August 1982, authorized the issuance of a full power operating license for Diablo Canyon Unit 1.
The Order is not ef fective and no license may issue until 5:00 p.m.,
EDT, Aucust 17, 1964 The Comission detemined:. 41) that all concitions imposed by the Licensing Board have been satisfied; (2) that the concerns raised by Isa Yin have been adequately resolved; (3) that all IDVP-related matter have been adequately resolved; (4) that operators and shift advisor training, experience and performance is acceptable; (5) that the allegations raised in the numerous 2.206 petitions have been suitably screened and those requiring resolution prior to exceeding 5% power have been resolved; and (6) that the ongoing investigations by 01 do not present an impediment to issuance of a. license.
The Comission also determined that the pending petitions for review of ALAS-763, ALAS-775 and ALAB-776 do not provide a reason to stay the issuance of a 1-icense.
The Comission also denie'd Joint Intervenors' stay request based on new seismic information, finding that they had failed to establish that there is no longer reasonable assurante that the seismic design of Diablo Canyon is adequate or that they will be irreparably injured by full power operation.
Fundamentally, the Commission determined that the Appeal Board's decision on seismic issues would not be affected by the new information. The_Commiss' ion again rejected Joint Intervenors arguments on Class Nirne Accidents, Earthquake Emergency Planning, Operator (raining and Experience, FEMA Finding on State Emergency Plan and Quality Assdrance.
In discussing the history of this issue, Ccmissioner Asselstine opines 1/
that the Staff's pcsition, initially presented in the San Onofre pro-ceeding, has changed, as most recently presented in its May 3,195a response to CLI-SL-4, in the Diablo Canvon proceeding.
In his view, the Co mission's ' decision, based on iow probabilities, is counter to the f undamental principal of emergency planning:
plan for even low proba-bility events (at 6).
Furthermore, he sugcests that planning should account for natural phenomena which present likely risks for a particular area independent of plant design (at 6-7).
He further points out the need to f actor earthquakes into emergency planring even for events which do not result in radiological releases, for example with respect to comunication and transportation capabilities and the ability to obtain data for appropriate decisionmaking (at g-10).
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AUG A 4 d34 -
- --issioner Zech did not participate and Commissioner Asselstine dissented.
c: rissioner Asselscine's dissent is predicated on his views regarding c:.siferation of earthquakes and emergency planning, noted above, and on his
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c:i.icn that Isa Yin's concerns should receive further atterition, b
Guy'H. Cunningh d II
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Executive Legal Director A-achment: As stated cc: 'n'illitm J. Dircks John B. Martin O
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15 COMMISSION BRIEFING FULL POWER LICENSE AMENDMENT PACIFIC GAS 8 ELECTRIC COMPANY DIABLO CANYON NUCLEAR POWER PLANT, UNIT 1 J
e DIABLO CANYON 1
l LICENSEE AND PLANT 0WNER / LICENSEE - PACIFIC GAS AND ELECTRIC COMPANY (PG8E)
PLANT 2 PWR UNITS NSSS - WESTINGHOUSE:
3338 MWT (1084 MWE)
LARGE, DRY, REINFORCED CONCRETE CONTAINMENT ORIGINAL ARCHITECT ENGINEER - PG8E CURRENT ARCHITECT ENGINEER - DIABLO CANYON PROJECT (PGRE / BECHTEL)
CONSTRUCTOR - PGEE SITE CENTRAL CALIFORNIA C0AST VERY LOW POPULATION AREA H0SGRI FAULT (5,8 KM)
ONSITE EP ADE0VATE:
LICENSING BOARD INIT. DECS, LOW POWER - JULY 1981 AFFIRMED BY APPEAL BOARD, MAY 1983 COMMISSION DECLINED REVIEW LICENSING BOARD INIT, DECS, FULL POWER - AUGUST 1982 ADEQUACY OF 0FFSITE EP (INCLUDING FEMA FINDINGS):
LICENSING BOARD INIT DECS, FULL POWER - AUGUST 1982 ASLB REQUIREMENT FOR FORMAL FEMA FINDINGS VACATED - JUNE 198h LAST EMERGENCY EXERCISE CONDUCTED - OCTOBER 19, 1983 FEMA INTERIM FINDINGS ON STATE PLAN - JULY 1984 DIABLO CANYON 1 SLIDE 1
BACKGROUND / CHRON0 LOGY SEPTEMBER 21, 1981
- COMMISSION BRIEFING RE:
LOW POWER AUTHORIZATION SEPTEMBER 22, 1981
- LOW POWER LICENSE ISSUED LATE SEPTEMBER, 1981
" MIRROR IMAGE" PROBLEM DISCOVERED BY PG8E NOVEMBER 19, 1981
- COMMISSION ORDER SUSPENDS LOW POWER LICENSE NOVEMBER 19, 1981
- NRR LETTER RE:
REQUIREMENTS FOR FULL POWER DECEMBER 8, 1982
- COMMISSION APPROVES 3-STEP LICENSING PROCESS STEP 1 - FUEL LOAD STEP 2 - CRITICALITY AND OPERATION UP TO ST STEP 3 - OPERATION AB0VE 5% POWER NOVEMBER 8, 1983
- COMMISSION APPROVES STEP 1:
FUEL LOAD AND COLD SYSTEM TESTING NOVEMBER 20, 1983
- FUEL LOAD COMPLETE JANUARY 25, 1984
- COMMISSION APPROVES HOT SYSTEM TESTING APRIL 13, 1984
- COMMISSION APPROVES STEP 2:
OPERATION UP TO 5% POWER (FULL REINSTATEMENT OF SUSPENDED LICENSE)
APRIL 29, 1984
- INITIAL CRITICALITY ACHIEVED MAY 23, 1984
- LOW POWER TESTING COMPLETED 1981 - 1984
- NUMEROUS COMMISSION MEETINGS
- SEVERAL COMMISSION ORDERS
- NUMEROUS BOARD NOTIFICATIONS JULY 25, 1984
- PLANT READY FOR POWER ASCENSION AB0VE 5% POWER DIABLO CANYON 1 SLIDE 2
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4 SELECTED ISSUES COMPLETION OF IDVP/ITP ISSUES FOR FULL POWER DECISION STAFFING AND QUALIFICATIONS SHIFT ADVISORS NUMBER AND EXPERIENCE OF OPERATORS ALLEGATIONS PIPING AND SUPPORT ISSUES (INCLUDING I. YIN CONCERNS)
LONG TERM SEISMIC DESIGN BASIS REEVALUATION PROGRAM PLANT READINESS (INCLUDING LOW POWER TESTING)
CONSTRUCTION QUALITY VERIFICATION HEARING STATUS AND ISSUES FULL POWER LICENSE AMENDMENT DIABLO CANYON 1 SLIDE 3
L.
COMPLETION OF IDVP/ITP ISSUES FOR FULL FOWER DECISION SSER 20 (DECEMBER 1983) IDENTIFIES:
9 ISSUES TO BE RESOLVED PRIOR TO CRITICALITY / LOW POWER 4 ISSUES TO BE RESOLVED PRIOR TO FULL POWER COMMISSION BRIEFING MARCH 26, 1984:
9 ISSUES FOR CRITICALITY / LOW POWER RESOLVED SSER 24 (JULY 1984):
DOCUMENTS THE RESOLUTION OF REMAINING ISSUES DIABLO CANYON 1 SLIDE 4
OPERATIONS STAFFING AND QUALIFICATIONS SHIFT ADVISORS (SA)
THE STAFF REVIEWED SA QUALIFICATIONS REVIEWED SA PROCEDURE REVIEWED SA TRAINING PROGRAM REVIEWED EXAMINATIONS OF FIRST GROUP 0F SA CANDIDATES MONITORED EXAMINATIONS OF SECOND GROUP 0F SA CANDIDATES MONITORED OPERATING CREW PERFORMANCE DURING STARTUP AND LOW-POWER TESTING CONCLUSIONS DIABLO CANYON SHIFT ADVISORS MEET THE GUIDELINES ADOPTED BY THE COMMISSION IN THE CHAIRMAN'S JUNE 14, 1984 LETTER THE DIABLO CANYON SHIFT ADVISORS ARE SUCCESSFULLY INTEGRATED WITH, ACCEPTED BY, AND WORKING WITH THE OPERATING SHIFT CREWS DIABLO CANYON 1 SLIDE 5 l
i
3 ALLEGATION STATUS AS OF JULY 8, 1984 TOTAL ALLEGATIONS i
1404
(
i ALLEGATIONS UNDER ALLEGATIONS UNDER INVESTIGATION BY OI INSPECTION / EVALUATION 1
121 1283 i
l RESOLVED NOT RESOLVED RESOLVED NOT RESOLVED 22 99 559 724 1
I l
i RESOLUTION RESOLUTION STATUS RESOLUTION RESOLUTION STATUS M o REQUIRED PRIOR DOES NOT NOT REQUIRED PRIOR DOES NOT NOT CE FULL POWER IMPACT FULL DETERMINED FULL POWER IMPACT FULL DETERMINED-m*
POWER POWER o
cn i
N 0
99 0
S 0
724 0
PIPING a SUPPORTS ISSUES CONSIDERED BY PEER REVIEW GROUP A.
LICENSE CONDITIONS 1.
REVIEW 0F SMALL BORE COMPUTER CALCULATIONS 2.
RIGID-RIGID SUPPORTS 3.
INACTIVE SNUBBERS 4.
THERMAL GAPS 5.
PIPING SYSTEM WALKDOWNS 6.
"0VICK-FIX" PROGRAM 7.
SMALL BORE AND LARGE BORE TECHNICAL ISSUES 1B, INDEPENDENT DESIGN VERIFICATION PROGRAM C.
PROGRAMMATIC ISSUES DIABLO CANYON 1 SLIDE 7
PIPING g SUPPORTS PARTICIPANTS IN PEER REVIEW GROUP A'CTIVITIES ORGANIZATION SPECIFIC ISSUES D. ALLISON IE 0A R B0SNAK NRR LC 2, 3, 6; IDVP T. BURR EG8G LC 2, 3, 6 P
CHEN ETEC LC 1, 4, 5 H. FLECK ETEC LC 1, 4, 5 M. HARTZMAN NRR LC 1, 2, 3, 7; IDVP R. HEISHMAN IE QA J
KNIGHT NRR K, MAN 0LY REGION I LC 1, 2, 3, 7; IDVF K MORTON EGaG LC 2, 3, 6 E. RODABAUGH ECR LC 4, 5 B. SAFFELL BCL LC 2, 3, 6; IDVP E. SULLIVAN NRR LC 4, 5; IDVP J. TAYLOR IE R. V0LLMER NRR I, YIN INVOLVED IN GROUP ACTIVITIES TO EXTENT POSSIBLE 1
l l
DIABLO CANYON 1 SLIDE 8
PIPING 8 SUPPORTS PRINCIPAL PEER REVIEW GROUP ACTIVITIES MEETINGS WITH ACRS & SUBCOMMITTEE 4
MEETINGS WITH LICENSEE 3
DESIGN AUDITS 7
SITE INSPECTIONS 3
MEETINGS WITH ALLEGERS 3
REVIEW GROUP MEETINGS 4
STAFF AND CONSULTANTS RESOURCES IN EXCESS OF 2 PROFESSIONAL STAFF YEARS DIABLO CANYON 1 SLIDE 9 l
1
PIPING a SUPPORTS CONCLUSIONS OF PEER REVIEW GROUP SEVEN CONDITIONS IN LOW POWER LICENSE SATISFACTORILY RESOLVED PREVIOUS STAFF CONCLUSIONS ON INDEPENDENT DESIGN VERIFICATION PROGRAM REMAIN VALID PROGRAMMATIC ISSUES INVOLVING ONSITE ENGINEERING RESOLVED AB0VE ISSUES SHOULD NOT PREVENT OPERATION OF DIABLO CANYON AT FULL POWER DIABLO CANYON 1 SLIDE 10
SEISMIC DESIGN BASIS REEVALUATION PROGRAM ACRS LETTER OF JULY 14, 1978 SUGGESTED:
"THAT THE SEISMIC DESIGN OF DIABLO CANYON BE REEVALUATED IN ABOUT TEN YEARS TAKING INTO ACCOUNT NEW INFORMATION"
" CROUCH PAPER" (EARLY 1984) - NEW INTERPRETATION OF FAULTING IN CENTRAL CALIFORNIA MEETINGS:
COMMISSION: MARCH 26-27, 1984 (FIRST STAFF PROPOSAL FOR LICENSE CONDITION TO COMMISSION)
APRIL 13, 1984 NRC STAFF /PG&E:
MAY 8, 1984 ACRS SUBCOMMITTEE:
MAY 24, 1984 ACRS FULL COMMITTEE:
JUNE 14, 1984 COMMISSION ORDER CLI 84-5-(APRIL 13, 1984) AND LETTER FROM CHAIRMAN TO ACRS (APRIL 13, 1984) REGARDING LICENSE CONDITION FOR PROGRAM LICENSE AMENDMENT N0, 9 (APRIL 18, 1984) SETS FORTH LICENSE CONDITION ACRS LETTER (JUNE 20, 1984) ENDORSES SPECIFIC PROGRAM ELEMENTS AS PROPOSED BY STAFF LICENSE AMENDMENT NO. 10 (PROPOSED) SETS FORTH SPECIFIC PROGRAM ELEMENTS AS LICENSE CONDITION DIABLO CANYON 1 SLIDE 11
FOUR ELEMENTS FOR SEISMIC DESIGN BASIS REEVALUATION PROGRAM (1)
EVALUATE NEW INFORMATION (2)
REEVALUATE DESIGN BASIS EARTHQUAKE (3)
REEVALUATE GROUND MOTION (4)
ASSESS RESULTS FROM ITEMS (1), (2) AND (3) AB0VE UTILIZING PROBABILISTIC RISK ANALYSIS AND DETERMINISTIC STUDIES PROGRAM TO BE SUBMITTED TO STAFF BY JANUARY 1985 PROGRAM TO BE CONDUCTED BY PG8E ALSO, PARALLEL EFFORT BY STAFF DIABLO CANYON 1 SLIDE 12
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4 PLANT READINESS FULL POWER OPERATIONAL READINESS LOW POWER TEST PROGRAM EVALUATION OF OPERATING CREWS PERFORMANCE STATUS OF CONSTRUCTION AND CONSTRUCTION INSPECTIONS ITEMS REQUIRING ADDITIONAL' LICENSEE ACTION PRIOR TO EXCEEDING 5% POWER l
l l
DIABLO CANYON 1 SLIDE 13
CONSTRUCTION QUALITY VERIFICATION
SUMMARY
OF PLANT HARDWARE QUALITY VERIFICATIONS 1.
THE REGULAR NRC INSPECTION PROGRAM
- DEFINED BY IE MANUAL CHAPTER 2512 AND PREDECESSORS
- SUBSTANTIAL PORTION OF INSPECTORS' TIME GIVEN TO DIRECT INSPECTION OF ACTUAL CONSTRUCTION DETAILS
- PERFORMED DURING PLANT CONSTRUCTION AND SUBSEQUENT MODIFICATION 2.
NRC FOLLOW-UP ON ALLEGATIONS THOUSANDS OF HOURS OF NRC STAFF EFFORT DEV0TED TO THE FOLLOW-UP AND RESOLUTION OF ALLEGATIONS IN RECENT MONTHS COVERING:
- SAFETY-RELATED STRUCTURES
- SAFETY-RELATED PRESSURE BOUNDARIES AND MECHANICAL SYSTEMS
- SAFETY-RELATED ELECTRICAL SYSTEMS
- SAFETY-RELATED COMPONENTS
- QUALITY OF SPECIAL PROCESSES j
- INSTRUMENTATION, CONTROLS, AND PROTECTIVE FEATURES
- OTHER QUALITY-RELATED INSPECTIONS 1
3.
QUALITY VERIFICATIONS PERFORMED BY THIRD PARTIES
- INDEPENDENT DESIGN VERIFICATION PROGRAM (IDVP)
- ASME CODE INSPECTIONS
- AUTHORIZED CODE INSPECTORS DIABLO CANYON :
SLIDE lu
[..
CONSTRUCTION QUALITY VERIFICATION LICENSEE QUALITY ASSURANCE PROGRAM
-SINCE SEPTEMBER 1981 PG&E STOPWORK ORDERS H. P FOLEY STOPWORK ORDERS PG&E AUDITS H. P. FOLEY AUDITS PULLMAN POWER PRODUCTS AUDITS DIABLO CANYON 1 SLIDE 15 I
L
e.
e HEARING STATUS APPEAL BOARD COMPLETED:
CONSTRUCTION QA ALAB-756 (DECEMBER 1983) - DENIED MOTIONS TO RE0 PEN THE RECORD.
RE0PENED HEARING ON DESIGN QA ISSUES ALAB-763 (MARCH 1984)
FAVORABLY RESOLVED ISSUES IN CONNECTIO!
WITH UNIT 1 BUT REQUIRED LICENSE CONDITIONS REGARDING JET IMPINGEMENT ANALYSES AND CCW OPERATION RECENT MOTIONS TO REOPEN THE RECORD ON DESIGN QA AND ON CONSTRUCTION QA, AND LICENSEE CHARACTER AND COMPETENCE BASED ON ALLEGATIONS ALAB-775 (JUNE 1984)
DENIED MOTIONS EMERGENCY PLANNING ALAB-776 (JUNE 1984)
ON APPEAL BY STAFF AND PGaE, VACATED LICENSING BOARD CONDITION REQUIRING FORMAL FINDINGS BY FEMA PURSUANT TO 44 CFR 350 DIABLO CANYON 1 SLIDE 16
HEARING STATUS (CONTINUED)
APPEAL BOARD PENDING:
AFPEAL BY GOVERNOR AND JOINT INTERVENORS OF LICENSING BOARD INITIAL DECISION AUTHORIZING FULL POWER, AUGUST 1982 MOTION TO REOPEN RECORD ON SEISMIC ISSUES, JULY 1984 COMMISSION
- PETITIONS FOR REVIEW PENDING ALAB-756 (DENIAL OF INITIAL MOTION TO REOPEN RECORD ON CONSTRUCTION QA)
ALAB-763 (DECISION ON REOPENED DESIGN QA ISSUES)
ALAB-775 (DENIAL 0F RECENT MOTIONS TO RE0 PEN RECORD ON DESIGN QA AND ON CONSTRUCTION QA AND LICENSEE CHARACTER AND COMPETENCE)
ALAB-776 (VACATED LICENSING BOARD CONDITION REQUIRING FORMAL FEMA FINDINGS PURSUANT TO 44 CFR 350)
- DETERMINATION OF NEED TO CONSIDER EFFECTS OF EARTH 0VAKES ON EMERGENCY PLANNING (CLI-84-4)
IMMEDIATE EFFECTIVENESS REVIEW 0F LICENSING BOARD AUGUST 1982 DECISION AUTHORIZING ISSUANCE OF FULL POWER OLs.
- APPLICATION FOR STAY OF ANTICIPATED FULL POWER DECISION BY COMMISSION, JULY 1984 DIABLO CANYON 1 l
SLIDE 17
- - + - - -
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=
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FULL POWER LICENSE AMENDMENT A.
COMPLETED LOW POWER LICENSE CONDITIONS:
1.
ADDITIONAL JET IMPINGMENT ANALYSES (SSER 24) 2.
PIPING AND SUPPORT ADEQUACY (SSER 25)
B.
REVISED LICENSE CONDITIONS (SSER 27) 1.
MAXIMUM POWER LEVEL (100% - 3338 MWT) 2.
TECHNICAL SPECIFICATIONS (UPDATE) 3.
FIRE PROTECTION SYSTEM (REFERENCE SSER 23) 4.
EMERGENCY RESPONSE CAPAPILITY (COMPLETION DATES) 5.
SEISMIC DESIGN BASES REEVALUATION PROGRAM (DETAILS) 6.
REPORTING OF VIOLATIONS (10 CFR 50.73 CONFORMANCE) 7.
EXPIRATION DATE (APRIL 23, 2008)
C, NEW LICENSE CONDITIONS (SSER 27) 1.
CONTROL OF HEAVY LOADS (NUREG-0617 PHASE 11) 2.
EMERGENCY PREPAREDNESS (FEMA 44 CFR PART 350; NRC 10 CFR i
SECTION 50.54(s)(2))
3.
MASONRY WALLS (CRITERIA AND MODIFICATIONS)
DIABLO CANYON 1 i
SLIDE 18 l
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