ML20236D311

Amends 22 & 21 to Licenses DPR-80 & DPR-82,respectively, Allowing Expansion of Spent Fuel Storage Capacity for Each Spent Fuel Pool to 1,324 Spaces & Providing for Storage in Present or New Racks (or Both) Until New Racks Complete

ML20236D311
Person / Time
Site:	Diablo Canyon
Issue date:	10/20/1987
From:	Knighton G Office of Nuclear Reactor Regulation
To:
Shared Package
ML20236D313	List: ML20236D311
References
NUDOCS 8710280141
Download: ML20236D311 (4)

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UNITED STATES

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y4l PACIFIC GAS AND ELECTRIC COMPANY DIABLO CANYON NUCLEAR POWER PLANT, UNIT 1 DOCKET NO. 50-275 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 22 License No. DPR-80 1.

The Nuclear Regulatory Connission (the Comission) has found that:

A.

The application for amendment by Pacific Gas & Electric Company (thelicensee)datedOctober 30, 1985, as supplemented, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Comission's regulations set forth in 10 CFR Chapter I; B.

The facility wi'il operate in conformity with the application, the provisions of the Act, and the regulations of the Comission; C.

There is reasonable assurance (1) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D.

The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E.

The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

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Accordingly, the license is amended by the addition of new paragraph 2.C.(11) to Facility Operating License No. DPR-80 to read as follows:

-l (11) Spent Fuel Pool Modification The licensee is authorized to modify the spent fuel pool as described in the application dated October 30, 1985 (LAR 85-13) as supplemented. Amendment No. 8 issued on May 30, 1986 and stayed t

by the U.S. Court of Appeals fer ne Ninth Circuit pending

-completion of NRC hearings is hereby reinstated.

Prior to final conversion to the medMied rack design, fuel may be stored, as needed, in either the modified storage racks described in Technical Specification 5.6.1.1 or in the unmodified storage racks (or both) which are designed and shall be maintained with a nominal 21-inch center-to-center distance between fuel assemblies placed in the storage racks.

3.

This license. amendment becomes effective at the date of its issuance.

FOR THE NUCLEAR REGULATORY COMMISSION l

George V Knighton,'V rector Project" irectorate Division of Reactor Projects - III, f

IV, V and Special Projects Date of Issuance: October 20, 1987 l

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PACIFIC GAS AND ELECTRIC COMPANY DIABLO CANYON NUCLEAR POWER PLANT, UNIT 2 DOCKET NO. 50-323 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 21 License No. DPR-82 l

1.

The Nuclear Regulatory Comission (the Comission) has found that:

A.

The application for amendment by Pacific Gas & Electric Company (thelicensee)datedOctober 30, 1985,. as supplemented, complies with the standards and req)uirements'of the Atomic Energy Act of 1954, as amended (the Act, and the Comission's regulations set forth in 10 CFR Chapter I; B.

The facility will operate in conformity with the application, the provisions of the Act, and the regulations of the Commission; C.

There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health i

and safety of the public, and (ii) that such activities will be conducted in compliance with the Comission's regulations; D.

The issuance of this amendment will not be inimical to the common

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defense and security or to the health and safety of the public; and E.

The issuance of this amendment is in accordance with 10 CFR Part 51 of the Comission's regulations and all applicable requirements l

have been satisfied.

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- Accordingly, the license is amended by the addition of new paragraph 2.C.(11) to Facility Operating License No. DPR-82 is hereby amended l

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.(11) Spent Fuel Pool Modification i

1 The licensee is authorized'to modify the spent fuel p(ool as described in the application dated October 30, 1985 LAR85-13)as supplemented. Amendment No. 6 issued on May 30, 1986 and stayed by the U.S. Court of Appeals for the Ninth Circuit pending completion of NRC hearings is hereby reinstated.

Prior to final conversion to the modified rack design, fuel may be stored, as needed, in either the modified storace racks described in Technical Specification 5.6.1.1 or in the unmodified storage racks (or both) which are designed and shall be maintained with a nominal 21-inch center-to-center distance between fuel assemblies 4

placed in the storage racks.

3.

This license amendment becomes effective at the date of its issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

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ghton,Difector Project Directorate V Division of Reactor Projects - III, IV, V and Special Projects Date of Issuance:

October 20, 1987 t

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_i NUCLEAR REGULATORY COMMISSION PACIFIC GAS AND ELECTRIC C'OMPANY i

i DIABLO CANYON NUCLEAR POWER PLANT 1

DOCKET NOS. 50-275 AND 50-323 NOTICE OF ISSUANCE OF AMENDMENTS TO FACILITY OPERATING LICENSES I

I The U.S. Nuclear Regulatory Comission (the Comission) has, pursuant to-i the Initial Decision of its' Atomic Safety and Licensing Board dated i

September 11, 1987, issued Amendment No. 22 to Facility Operating License No.

DPR-80 and Amendment No. 21 to Facility Operating Licer.se No. OPR-82 issued

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to Pacific Gas and Electric Company, which revised the licenses and appended Technical Specifications for operation of the Diablo Canyon Nuclear Power l

Plant, Unit Nos. I and 2, respectively, located in San 1.uis Opisbo County, California. The amendments are effective as of the date of. issuance.

The amendments authorize the licensee to modify the spent fuel pools to 1

increase the storage capacity of each from 270 fuel assemblies to 1324 fuel assemblies.

The Initial Decision is subject to review by the Atomic Safety and Licensing Appeal Board prior to its becoming final. Any decision or action taken by the Atomic Safety and Licensing Appeal Board in connection with the l

Initial Decision may be reviewed by the Comission.

l The application for the amendments complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations. The Comission has made appropriate findings as required by the Act and the Comission's rules and regulations in

.'10 CFR. Chapter 1, which are set forth in the license amendments.

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1; Notice of Consideration of Issuance of Amendments to facility Operating Licenses and Proposed No Significant Hazards Consideration and Opportunity for-a Hearing was published in the Federal Recister on January 13, 1986 (51 FR 1451).

Comments and petitions for leave to intervene were filed by San Luis Obispo Mothers for Peace, the Santa Lucia Chapter of the Sierra Club, and Consumers Organized for Defense of Environmental Safety.

On May 30, 1986, after the petitions to intervene had been filed, the NRC staff made a finding of "r.c significant hazards consideration". Based on that finding, NRC approved the license amendments and made them immediately effective. San Luis Obispo Mothers for Peace and the Sierra Club appealed the i

finding. The U.S. Court of Appeals for the Ninth Circuit found that the NRC finding of "nc significant hazards consideration" violated the "Sholly" j

1 amendment to the Atomic Energy Act and implementing regulations. The Court j

i stayed any further work on the spent fuel pools and barred the licensee fron l

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depositing any spent fuel therein except in accordance with the pools' original I

configuration, until the conclusion of the hearing.

The hearing was held at Avila Beach, California on June 15-18, 1987 with l

respect to the admitted contentions of the Sierra Club, other petitioners having withdrawn from the proceeding. Subsequently, the above-referenced l

Initial Decision was issued on September 11, 1987.

The hearing having been held and decided, and all other safety and environmental reviews having been completed, these amendments reauthorize the original amendments issued on May 30, 1986.

For further details with respect to this action, see (1) the application for amendments dated October 30,1985,(2) Amendments No. 8 and 6 to License Nos. DPR-80 and DPR-82, respectively (issued on May 30,1986),(3) Amendments

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! No. 22 and 21 to License Nos. DPR-80 and DPR-82 respectively (issued on

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October'20,1987),(4) the Commission's related Safety Evaluation dated May 30,1986, (5) the Commission's Environmental Assessment and Finding of No Significant Impact dated May 21,1986,(6) NRC's Supplement to the Safety Evaluation and the Environmental Assessment, dated October 15, 1987, and (7) the Initial Decision of the Atomic Safety and Licensing Board dateo September 11, 1987.

All of these items are available for public inspection at the Commission's Public Document Room, 1717 H Street, N.W., Washington, D.C. 20555, and at the California Polytechnic State University Library, Government Document and Maps Department, San Luis Obispo, California 93407. A single copy of items (2) through (7) may be obtained upon request addressed to the U.S. Nuclear Regulatory Commission, Washington, D.C.

20555.

Dated at Bethesda, Maryland, this 20th day of October, 1987.

FOR THE NUCLEAR REGULATORY COMMISSION CbA m.Tauf$

Charles M. Tramell, Project Manager Project Directorate V Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation l

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