ML20236M681

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Forwards AEC Regulatory Staff Proposed Findings of Fact & Conclusions of Law,Including New Paragraghs 29-31 Dealing W/ Intervenors & Mods Which Include Revised Ordering Paragraphs
ML20236M681
Person / Time
Site: Diablo Canyon Pacific Gas & Electric icon.png
Issue date: 04/13/1970
From: Malsch M
US ATOMIC ENERGY COMMISSION (AEC)
To: Gleason J, Paxton H, Pigford T
Atomic Safety and Licensing Board Panel
Shared Package
ML20236J368 List: ... further results
References
FOIA-87-214 NUDOCS 8708110184
Download: ML20236M681 (21)
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APR 131970 Mr. James F. Gleason, Chairman Mr. Jack M. Campbell, Alternate  !

Atomic Safety and Licensing Board Chairuse 205 Commonwealth smilding Atomic safety and Licensing Board 1625 E Street, N.W. Stephenson, Campbell & Olmsted Washingten, D. C. 20006 231 Washington Avenue P. C. Box 877 Dr. Bagh C. Paxton Santa Po, New Mexico 87501 Los Alamos Scientific Laboratory P. 4. Box 1663 Dr. Rolf Eliassen Los Alamos, New Mexico 87544 Dep,rtment of Civil Engineering stanford Daiversity Dr. Thomas E. Figford stanford, California % 305 Professor of Nuctsar Engineering University of California Berkeley, California M720 In the Matter of Pacific Gas & Electrie Company l Diablo Canyon Unit 2 '

Boeket No. 50 323 Gentlemen The ABC Regulatory Staff transmits herewith its Proposed Findings of Fact and Conclusions of Law. The Staff's Proposed Findings follow generally those proposed by the applicant with certain additions and modifications. The additions inc1mde new paragraphs 29-31 dealing with the contentions of the interveners, and the modifications in-clude revised ordering paragraphs.

Sincerely, Martin C. Malsch Counsel for ABC Regulatory Staff Enclosures j As stated bec: E G Central Files OGC Files [Beth/G' town]

cc Phillip A. Crane, Jr., Esq. OGC Docket Files John C. Morrissey, Esq. DRL Eichard M. Peterson, Esq. PDR Dr. John M. Bestep GFHadlock

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Mr. Est Iltroube MGMalsch:js SURNAME > .. .. .N. . ,,M ,, g,,

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Form AEC-Sl8 (Rev,9-$3) AECM 0240

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UUlTED STATES OF MERICA ATOMIC ElmitGY COMtISSION In the 11atter of )

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PACIFIC CAS . AND ELECTRIC COMPANY ) Docket No. 50-323

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(Diablo Conyon Unit 2) )

AEC REGULf/KCY ST/J'F'S PROPOSED FINDINGS OF FACT AMD CONCLUSIONS OF TAW PRELIMINARY STATEMEN1' -

l '. This proceeding involves the application of Pacific Gas and Elcetric Company (the " applicant") dated June 28, 1968,.as amended by six nmendmants supplematal thereto (the " application"),

for a lic>nca endor "

';i: .104 b. of the Atcmic Enurj Act of I 1954, as ancnded, to construct and operate a second 3250 megawatt (thermal) pressurized water reactor nucicar power plant adjacent' to Unit 1 at its Diablo Canyon. site in San Luis Obispo County, California.

l 2. The application was reviewed by the AEC regulatory staff

(" staff") which concluded that the applicant had satisfied all AEC j

requirements for the issuance of a provisional. construction permit.

The application was also reviewed by the Commission's Advisory Commit-tee on Reactor Safeguards which concluded that the proposed facility l' can be constructed with.rcasonable assurance that it can be operated I

without undue risk to the health and safety of the public. (Safety l

Evaluation by the Division of Reactor Licensing, .U. ' S Atomic Energy Commission ("S.E. "), pp. 44-46, Appendix B.)

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3. On November 17, 1969, the AEC issued a ' Notice of llearing on Application for Provisional Construction Ferrit," In the IMtter-of Pacific Cns and Electric Cccoany (Diablo Car:ran Nuclear Power Plant, Unit 2), Docket No. 50-323, which sets cut the issues to be considered and initially decided by the atenie refety'and licensing -

board (" board"), designated by the AEC to conduct _ this proceeding, as a basis for determining uhether a provisional construction permit I

should be issued to the applicant. This Notice of llearing was; pub-lished in the FEDERAL REGISTER on November .19,1969 (34 F.R. :18439).

4 Petitions for Leave to Intervene in this matter ucre. filed by the following: -1 1:1.i.vu L. hl.L,cil, Ciminoon Board of Supervisors San Luis Obispo County San Luis Obispo Bay Properties, Inc.

Luigi Marre Land and Cattle Company Ian I. McMillan  !

l' l Scenic Shorcline Preservation Cenference, Inc.  !

Frederick Eissler The petitions of Messrs. Eissler and McMillan and of the Scenic Shore-line Preservation Conference, Inc. vere filed in opposition to the granting of the provisions 1 construction permit for the proposed facil-t ity. The other petitions were filed in favor of. granting the proposed .  ;

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provisional construction permit. In an order dated December 31, 1969, I

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the Board granted all the above petitions except that of Mr. Eissler, which was denied. This pre:cceding is therefore a " contested proceed- .

ing" within the mconing of 10 CFR S 2.104, '

l l 5. Pursuant to the Notice of Hearing and in accordance with the requirements of the Act and the Cem.micsion's regulations, a pre-hearing conference was held by the board in San Luis Obispo, California,

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on December 5, 1959.

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6. A public hearing was held by the board January 13 and 14, ]

3 1970, to consider the issues specified" for a contested proceeding in 1 the Notice of Hearing. Subsequent to the hearing the applicant sub-I 1

mitted certain Suppicmental Uritten Information (" Supplemental Informa- i

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l tion") at the request of the board. In an order dated March 18, 1970,  !

the board denied a request of the Scenic Fhoreline Preservation Confer-ence, Inc. , for an additional day of hearings and closed the record of the hearing.

FINDINGS OF FACT I

7. The applicant is a large operating public utility engaged principally in the business of supplying electric and natural gas service throughout most of northern and central California. The appli-cant is soundly financed and has plentiful resources at its command, and plans to finance the cost of the proposed facility, which it estimates will be approximately $230.2 million, as a part of its con-l tinuing construction program. (Lovejoy Testimony pp. 1-5 and Appendix A thereto; Tr. p. 147.)
8. The applicant has had extensive experience in the design, construction and operation of electric generating plants. Its l

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l personnel have been involved with nucicar powcr generation for a :l l numbcr of years, and its Eumboldt Day reactor hac been in operation j l

I since 1963. The cpplicant vac granted c prevf ionel construction permit for Unit 1 at its Diablo Canyon site in April 19G8. The nuclear steam rupply cyrten cupplier, " ctinghcuce Electric Corpora-tion, has designed and constructed a number of pressurized water i reactors which have been licensed for construction or operation by l the AEC. (S .E. p. 40.) i

9. The site for the proposed unit consisto of approximately 750 acres near the mouth of Diablo Canyon Crce adjacent to the l

Pacific Ocean in San Luis Obispo County, Cclifcznia. The 585-acre poti. ion south of the creek is leased to the applicant for 99 years with an option to renew for an additional 99 years. The applicant owns in fee the portion of the site lying north of Diablo Creek and the land for the proposed switchyard. The exclusion area distance from the reactor to the nearest site boundary on land is one-half mile. The radius of the low population zone is six miles end the population center distance is ten miles, which is the distance from the site to the nearest boundary of the City of San Luis Obispo.

(S.E. pp. 3-4; Applicant 's Partial Summary of Application, Applicant 's Exhibit 1, (A.E. 1), p. 3.)

10 The regional climatology was considered in the applicant's studies of the site, and its evaluation takes into account ext reme

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i I as well au normal cenditions. The meteorology:31 program ender '.;ay at the cite ic adccuste to provide a beris i: the development of i

a specific gaseous radioactive release linit 2: the operating if-conse stage of the Unit. The studies to date save shown that the dif fusion paramctors cssemed in the analyr's cf potential nccidentsi releases are conservative and that conditions nore severe then those are seldom experienced. It is estimated that exposures to the en-virons ct the site boundary from routine gasec;s relcaces with both unirc operating will be about 1/400 of 10 CFF '3 limits on an annual _

basis. (5.E. p. 4, Appendicec C-1, C-2, C 3, T-4; A.E. 1 pp. 3, 4; j Tr. pp. 129, 130, ?92-305, 405-407, 417, 423-423; Joint Exhibit A (J.E. A) 2 bic 11-6; Supplemental inforn.a.lua .g. 10,11; Staff Exhibit 1.)

11. The propoted facility will be fcundcd on firm bedrock fully capabic'of carrying the intended loads. -The rcck upon which the t

structure & are to be based is of such quality that undermining of the l

plant structures by wave action is not a problem. The geologic study of the site for Unit 1 included excavation of about 2,400 feet of

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, trenches that were extended through the terrace material a minimum

., , of three Ycet into bedrock. For the area underlying Unit 2 additional trenches with an aggregate length of nearly one-half mile were ex-

[ cavated and examined in detail by geologists. Several old, small I

i; . faultsf ee n be identified in the bedrock, but ne indications of major l

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faulting were found. The evidence indicates there has been no novement in the small bedrock fcults at tbc r.f te for over 100,000 years. Therefore, the probability of ourfcc; fcult rupture at the l

site is so remote that it may be safely disregarded. (S.E. p. 5; l A.E. I pp. 6, 5; Tr. pp.126,140, 141, 425, 426.)

12. The facility is being designed to withstand the largest earthquakes to be expected in the general area. Possible off-I shore faults were considered in the study upon which the design is based. Of the poasible carthquahes studied it was dettreined that a magnitude 7-1/4 (nichtcr) earthquake along Se Nacimiento Fault, which is 20 miles from the site, and an afttrshock with a mcgnitude 1 l

of 6-3/4 at the site resulting frem a magnitude 8-1/2 carthquake l along the San Andreas Fault, which is 48 miles from the site, would produce the maximum ground accelerations at the site. (The occurrence on September 6,1969 of a magnitude 4 (Richter) carthquake 11 miles from the site does not change this conclusion.) These were calculated to be 0.12 g (adjusted to 0.15 g for design purposes) and 0.20 g, respectively. When the response spectra cf the two earthquakes were 1

considered it was found that the hypothetical earthquoke along r.he ,

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Nacimiento Fault produced higher accelerations in structures having l longer natural periods than the other earthquake. (S.E. pp. 6, 7 ;

A.E.1 pp. 6-8; Tr. pp.123,124,126,159,162, 369, 418, 419, 421, 422; J.E. A Appendix C.)

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13. The hydrology of the site han been evaluated. There is i

no batard to th? site frc,n flocedinc, beceesc ti e Dieb1c Canyon Crcek '

i and watershed are not large creach to cause c flood which would I 1

I endanger the Unit. The culvert under the switchyard has been de-rf; ' bered upca o cea:c:"-t c, ' evc h.: :len c f 100-jeal- flooCt which considered maximum rainfall intentitics and not mercly I overage rainfall. A flood by-pass is provided around the switch-l yard in the unlikely event the culvert should get plugged or other- l l

uice b; inadequate to carry off storn rater. In cny event the i switchyard is not essentici to safe operation of the Unit. (S.E.

p. 5; A.E. 1 p. 4; Tr. pp. 127, 132, 133, 422, 423.)
14. Structures anc components icportant to nuclear safety, l

failure of which might cause, or increace the severity of, an accident, including structures and components vital to safe shut-I down and isolation of the reactor, are classified as Class I. Struc-tures and components important to reactor operation but not essential to safe shutdown and isolation of the reactor are considered as Class i II. Structures and components not related to reactor operation or containment are considered as Class III. Class I structures are designed to withstand horizontal seismically indaccd loa 6s obtained by using respense spectra of either of Ctc two design earthquakes, whichever controls. Vertient accelerations equal to two-thirds of ,

the maximum horizontal ground acceleration are applied to rtruct- ,

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and the resulting stre;tes caused by horir.ontt*. and vertical acceleration.n are considered to act simultene:;;1y and cro added directly. Conservative valucs of structural ;;; ping are used.

After completion of the design a review will le made to assure no lett of furetica fer c:rrenente ncet:ccr; f: cafe shutdcun using a combined response spectrum with acceleration values twice those used in the design. Class II structurer and components are designed on a static analysis basic using a asicmic horizontal coefficient of 0.20 g and the strecnec allouc; by the applicable codes. As a minimum C1csn III structures anc' components are de-signed according to the carthquake regulatior: of the Uniform Luilding Code. (S.E. pp. 6, 7 ; 4.h . 1 pp. 6, v.)

15. The applicant will initiate a pre-operational radiological survey of the site about two years before Unit 1 is placed in opera-tion. The survey will be continued following commencement of opera-tion of Units 1 and 2 to aid in ascertaining the effectiveness of waste dischcrge controls and procedures. Vart us state and federal agencies will evaluate this program or conduct studies of their own.

As a part of.the applicant's program consideration has been given to the possibility cf concentration of radioactive elements in abalone which could result in exposures to man through the food chain. l l

It was concluded that concentration in abalone of radioactivity from I l

the vaste system during simultaneous operation of both units will not

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l result in significant expocure to man. (S.E. o. 7, 8; A.E.

pp. 9,10, 24, 2 ; Tr. pp. L!,0-344, 34 9-360, 33 7-391, 396-402 ;

Supplemental Information pp. 3-9.)

16. The facility will be designed so thet it vill not be subject to dauage fr om eli.L Ciutantly vr lu.dly generated i scismic sea waves. The aitc is not particularly sensitive to i

j scismic saa wave run-up or draw-down. Studies by the applicant's I

l consultcnt, Marine Advisers, Inc., indicate thct the maximum run-up and drao-down to be expccted at the site veuld be plus 18 feet  !

mean lover lou vetcr (MLL) cnd minus 9 feet 12.L',,', respectively.

Most of the plant vill be loc 2ted at or chave elevation 85 feet above sea Icycl. Cooling vater for the plant vill be taken from the Pacific Ocean. Class I equipment located at the intake vill be protected in a water-tight compartment below the top deck of the intake structure to accommodate a wave run-up to cicvation plus 30 feet MLLW. The intake structure is designed to supply water to the auxiliary salt water cooling system in the event of a down-surge to minus 17.4 feet MLLU. (J.E. A pp. 2-36, Appendix E; S.E.

p. 7, A.E. 1 p. 10; Tr. pp.134, 136,138, 419. )
17. The proposed reactor is designed to operate at 3250 MWt with an expected ultimate capability of 3563 Kn't. The major com-ponents of the nuclear steam supply system, including containment and engineered safety featurcs, have been designed for a pcwcr

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i 1cyc1 of 35S0 E t, and this power level has beer used in anclycing portulatcd cecidents in cenformanne uith the ;;ic'clines of 10 CPR  !

Part 100. Core thermal and hydrculic cnalyscs are for a rcactor output of 3250 MWt. Before operation at any 7:ver level above 1

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^'Z  :" tis c . . ; .a d , the Cu:n alc cion t..ust pe:f arm a sni:ct.y evalue- I l 1 l

tion to assure that the facility can be operated cafely at the s

i higher power icvel. (S.E. p. 1, A.E. 1 pp.1, 2; Tr. p. 87.)

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18. The nuclear steam supply system, as designed by 1-lcsting-heure, is sinilcr to thct of other prorsurinci unter reactor systems thct have buca granted construction permits cr.:' operating licences by the /CC. There have been evolutionary chcr;;; in the decign of '

Unit 2 since issuance of the construction perti: for Unit 1, and there changes will be made in the design of Unit 1 The most im-portant of these changes involves the cmcrgenc:. core cooling system.

In addition, the control rod absorber material has been changed.

A n, umber of technical programs under way at the time of the Unit 1 construction permit hearings have been completed and the results )

l have met or creceded expectations. (S.E. p. 5, 40; A.E. 1 p. 34; Tr. pp. 247-292, 330; Supplemental Information pp. 1, 2.) i a

19. The nuclear steam supply system consats of a light water- j moderated pressurized water reactor which transfers reactor heat to four stean generators. Steam generated in the secondary side of the steam generators passes to the turbine generator. The fuel cor the i

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l react or is cli.rtcly enriched Po_ peller e enclc sed within rceled j i

Zirccley tubes. ncactivity centrcl ir accc:rp'ished by $3 full-1 l l l icngth control. rod essemb10 and eight pnrt-;cr,th control yod I acccablies. The abcorber :ccriens of the coctrol rods are f;bri- ,

cat"A cf herer c rhide scel;d in :tr' 1 ct::1 tuber,. In addi-t l

tion, a soluble acutron absorber in the form cf boric acid in the 1 c

reactor coolant is employed for long-term reactivity control, for cold shutdoun, and for shutdeun during refuelir.g. During the first fuel cycic fi>ad burnabic poison rods are provided. The recctor coolent systen circulnice, cculcnt at the requi:cd flou rate and t en.pu rc t urf! to ..Tet the hcot removcl recuiteccnto of the re:ctor core. (S.E. pp. 9, 10; A.L. 1 pp. 11-1).)

20. The reactor protection system n'onito;f signals frca nu-clocr and procces instrumentation which are indicative of reactor plant c.,nditions. Independent, redundant channels are provided in ,

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the protection system so that a failure in any given instrument i l

channel vould not prevent c safe shutdowr. of the reactor. This i

redundancy also permits chcnnel testing t.nd calibration during power operation. A single control room contains the contrs is and instrumentation necessary for operation of the reactor and turbine t,cacretor for cach unit under normal and accident conditions. The control boards for Unit 2 .aro physically separated frem those of Unit 1. (S.E. pp. 9,10; A.E. I pp. 17-20.)

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l concrete vearel with a steel liner thien enc 1;;;s the rcactor and the recetor ccolemt systcm. This structure am:co that essentially no lechage of radioactive materials to the envi:ennnnt would result i

j even if grecc in21ure of the reactcr ec^!rnt r tem vere to occur.

i The containment ctructure is designed for an ir.tcrnal pressure of 47 prig and a maximum leakage rate of 1/10th cf one percent of the l containment volunc per day at the design precrure, pipelines which penetrate the containacnt structure have provisica for icolation.

(S .E. pp. 11-15; A.1:. 1 pp. 14-16.)

22. In addition to the containment cytten, other engineered caict; features cro providec to minimize the centequences 0t accidents which might relecoc radioactive material by liciting the amount of fiscion products released to the contain=cnt and by reducing the l

pressure within the containment which might cause Icakage to the en-vironment. These include the emergency core cooling system, the con- l tainment ventilation system, containment spray equipment, and the con-1 tainment isolation system. Reliabic on-site diccel emergency poutr )

is provided for the enginected safety feature leads in the event of l failure of normal station auxiliary power. (S.E. pp. 16-20; A.E. 1 pp. 16, 17; Tr. p. 73.)

23. The waste disposal system collects, monitors, and processes for safe disposal all liquid, solid, and gascous wastes. The nystem

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l t ic designed to procesn fluid unsrrn for dire:_:ve to t.he environ ~cnt l

l undcr contrc11cd conh,.icnr in ac co:-dente uit 10 ciR Part 20 Suit-nble L e il . i ;es tu o provit'ed for hw' ling cn:: -site ::.oranc of tolid I

unstes prior to dicpcrvl. The activity cone;- catica of liquid and gascoue uuster will be determined prior to dinharge to assure compli-i ance uith 10 CFR Part 20. It is c::pected th : disch:rcec of liquid radioactive arte.s vill be only a cm:11 frre! , of 10 CFR part 20 limits, As indicated above, it is estimated : Sat exposurcs to the environs at the site boundary from routine gcnous releases with both units operatine, vill be about 1/400 of 10 CFT ? art 20 limits on an annual

b. sis. (S . r. . p. 2 8 ; A .E . 1 pp. 24, 25 ; Tr . i . 160. )

24 A safety evaluation of the f acilit: Pas been prepared for a variety cf pretulated ebnorral operctin~ cond_: ions and cytipacnt ft,ilurcs. l The conclusi.:n dra r.. from analyzing these sitt::: ions is that under no such 1

I postulated ccndition could the public be expo: i to radiation in excess of 1

10 CFR Part 100 guidclines. During the detailed design of the facility, analyses vill be performed to verify that the engineered safety features and safety margins embodied in the design are adequate. (S.E. pp. 29-34; A.E. 1 pp. 35-37; Tr. pp. 331-334d, 392-3cf.)

25. A comprehensive quality assurance r:: gram for the design and construction of Unit 2 is being established by the applicant. The pro-gram is intended to be responsive to the recen:1y published AEC proposed quality assurance criteria. Within the applicrat's engineering department a new group hcs been established separate from the de-sign group with responsibility for a continuing review of the i quality assurance program and for reporting on its adequacy to the l

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I cppliennt's annn: tant. c.e ne p/c.r p .i s F e de d by the Di rt e t or .

1 j Qua lity Ent,;r.c.t r J ng . (S.E. pp. 34, 35; A.E. I pp. 26, 27; Tr. p. l l 1 l

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1 26 The technical infarr:ction generated frcm the research and I c'.cyc le p. .ca t te Lm C e. .c in tcancotion . th the facility uill be used to demenctrate the safcty of the design, to cbtain mere sharply de- )

fined margins of conservatism, or to design improvements. All of the reccarch and development areas are cor..mcr. to all Westinghouse l

pretmarized vete. reactors, and the results of these efforts as they are perferred for precedina prersuri::ed watcr reactors will be applica-ble to thic facility. Two specific crnesir .cich additional informa-tion ic being ocveloped cac which arc required for facility operation are the power distribution control program and the fuel rod burst i

program. Eleven other arcas of rescatch and development are being 1

conducted to give edded cor.firmation that the facility desista are conservative and for use en fcture plante to optimize design. (S.E.

pp. 36-40; A.E. 1 pp. 27-33; Tr. pp. 287-292, 334, 334e-3341, 396, 397.)

f, 27 The report of the Advisory Committce on Reactor Safeguards I y

has identified certain arecs requiring further review by the r,taff as i l P the f)'c,il(:by design details are developed or as the additional informa-

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tion [bgcomesavailable. These items will be reviewed with the staff and.by,the Advisory Committee prior to issuance of any operating y-(

, license. (S.E. pp. 41-64; A.E. 1 pp. 64-69.)

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28. T1.0 applicant to e Calif err.ia corp ratica. The activities to be conduett. unier the proviciot:c.1 ccnstrmion permit vill be within the jurf adiction of the Unita' Etates . v.4 all of thn directors and principal officers of the applicant are U:.ited States citizens.

( The opplicent is r.ct ounod , contre 11ed cr (cr -,ted by an alien, a

. foreign corporation or a foreign government. The activities to be ceinducted do not involve any restricted data,':ut the applicant has carced to cafeguard any such data which might becomo involved in  !

accordanec vi S the Commicrion's rciele:Jons. "pecial nud car mate-t rial for use cc fuel in the propered fccility ~fil be cubject to l

i Cec niccion rcruletions cnd vill be c5tained f: rources of supply nn +nne o..- , ! ' 1z. .;tet31 e _ s u ch r :; _ f 21 f t ;. niliter7

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purposes. (S.E. p. 44; A.E. 1 p. 70.)  ;

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29. As indiccted above, the intervenort Scenic Shoreline l Preservation Conference, Inc. , and Ian McMille.;, opposed the granting of the provisional construction permit to the :pplicant. The Con-forence's petition to intervene, and certain s;pplemental material ,

i furnished to the board by the Conference prior to the granting of the  !

petition, indicated that the Conference is a conservation organization including among its members 26 residents of' San Luis Obispo County. l Mr. McMillan's petition for intervention indicated that he also is a resident of San Luis Obispo County. The interveners expressed senw general concerns with respect to such things as the discharge of l i

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adioactive material from the plant into the environment, and the f i

1 suitability of the plant oite.

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30. At the hearini; t he intervenot t. prc;i :cd me general tertieory wit h respc et to such thinas ta the r a olccy, hydrology,  ;

l gecleg;;, and r eit elugy of the p i t n t. che, le is'r, the inter-venors' testinony deec not provide any basic fer concluding that -]

tbt cre '. c t irn; b , t ra c t emf f ctJ th app .  :.n t vc i cn inedegn te or that the site is unsuitable for the prop.;nel plar.c. In fact, one of the Conference's witnesses admitted that th: stcff and its con- i sultants had contidered the relevant metcercierical, geological, hydrological, end ct f rmological fcet.oro in ' eac::cloh nic dc tail."

(T r . p p . 159-161.,z'CD-712, 214, 367-37f )

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31. The inter.crors clro pretur.tc scmc . ncrel testimony on f

l radiat2cn eticcts. Tne interv2nerc, howeccr, were une.le to present i

any witness who was fcmiliar either with the Cc:.:ission regulations in 10 CTR Part 20 " Standards for Protection Against Radiation," or with the actual extremely low levcis of radioactivity expected to be released frce the proponed plart. There is no cvidence in the record which suggests that the Commiscion's radiologicci safety standards are not a reasonabic c::ercise of the 1.rond discreti:n given to the Commis-sion by the Atomic Energy Act for impicnontaticr of the statute's radiological safety objective, and the beard, in reaching the con-clusions set forth below, has therefore properly relied on 10 CFR Part 20. (Tr. pp. 177-178, 189-190, 225-227.)

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l Upon consii ;;tiva of t!- cntite 1ccard in the proceedine, <

I l I l and in 13;ht of the forcc,oint firdir;E rnd dinusrions, this atemic  !

J safety and licensing board makes affirmative findings on items l l numbered 1-3 end r nenative findir, on it ~' 4 r q M M ed in tho 'l l Notice of Ecoring in thic proceedir.g, published in the FEDEP.AL REGISTER en November 19, 1969.

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In accordance with the fore! ping, _I.T IS CDMD T11AT:

1. The Director cf Regulaticn ic autho n::ed to issue a provisional cenetruction permit pursunnt to Sectien 100 b, of the Act sub-l I ctanticlly in the form of .5pendi' A
  • the "Eatice of IIccrin;;

on Application for Provisional Construction Pernit" in the  ;

captioned matter within ten (10) dayr from the date of the issuance of this decision; and

2. In accordance with 10 CFR $ 2.764, good caus.o not having been shown to the contrary, this initial decision shall be immedi-ately effective; and, in the absence of any further order from the Ccenission, shall constitute the final decision of the Com-mission forty-five (45) days after the issuance, cubject to the i

t review thereof and further decision by the Conmission upon ex- l ccptions filed by any party pursuant to 10 CFR $ 2,762 or upon its own motion.

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1 Dated at j this day of , 19 '/O .

l."' .7C S/J L'I'. ~; LICEM11'.9 20ARD liul;.. C. 10:: ton Thomas li. Pigford 1 l - ..-_. ._. ___

.IOCBS P. GlGSOn, ChnirMan I

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) x IACITiG Gt.3 ...;D ELEUiP.E CM!P/M ) Donet No. 50-323

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(0) c.ble, Cn.ip '. I! nit 2) )

. 7._,- ., ,, ,;

y-1 licreby cr.s :.J fy that copies of "/iEC Regulatot . Staff's Proposed Findint;s of Fact end Conclusions cd Lrm", dc tc -. April 13, 1970, in the captiened mattcr have been cerved en th folloving by de- J poM t in the United Staten mail, iisst clocc c. cir mail, this l 13th Coy of 4,ni1 1970:

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.1 P. Gic..un, i:vn.. ( .11rr. :.n Ja Richard +. Petcrcon, Esq., Sr.

t. ton!c Safety and Lic m it noard V:ce r --ident ec.d General 2i S Cv;: m *
Luiit. '

. Counw1 l 162' "'Strc-; H.U.

ree.; fic , & Electric Corpe.ny hington, c. C. 20005 2/ 5 Me'.x Strent I Ccn a t . :c, 0:llfatnia S41c!

i Joch M. C r iell, Esq. 4 i

A!.cernate C: ' i: nan Philip A. Crane, Jr., Esq.

!.tocic Scftty and Licen ing Board  !

nocs work-nn, gnq. 1 f:tei 5c.. c cn , C '? bell ' O ncted .

Pacific G' & Eltetric Company I 231 Ucshinc,h.a Avenue 245 Mathc: Street I P. O. Feh E77 San Frcucicco, California 94105 l Santa Fe, New Mexico 87501 1 Dr. John M. IIcciop, Chief Dr. Hugh C. Paxton Environmental Health and Consumer Lc.s Alcmos Scientific Lcboratory Protcction Progran P. O. Dox 1663 Department of Public 1:calth I Los Alamos, 'Few Mexico 87544 2151 Derkeley Uay Lerkeley, California 94704 Dr. Thomas H. Pigford Professor of Nuclear Engineering Elston L. Kidwell, Chairman I University of California San Luis Gbispo County Board I;crkeley, California 94720 of Supervisors County Courthouse Dr. Rolf Eliassen San Luis Obispo, California 93401 Department of Civil Engineering Stanford University Mr. Frederick Eissler, President Stanford, California 94305 Sc'enic Shoreline Preservation Conference, Inc.

John C. Morrissey, Esq. 4623 More Mesa Drive Pacific Cas & Electric Company Santa Barbara, California 93105 245 Market Street San Francisco, California 94106 s

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Er,1;ni Strouba, Manager of Public Alf J . ' -cIls , Ch f rmen

. lale;in: Attt c f,cfoty' atW Lic e ca int Luf t ;l ?! .rre 1,: -i and Cettic Coi pr.ny 1.; .! rnnel and _

UF, /'tomic Enercy Commission ,

San L tic Obisp , l'ry Pror. . tic s , Inc. Ut r! . c wn, D, C. 20M 5  !

Avila Lench, c::li:c cai:: W424 Sten' ry T. RoMnr>on, Jr.

1lr . Irn I. McMillan Chid. , 'l'ublic Proecedings 'Isrcnch Un ' F3 O f f! r ,: r. ? 1.1.c h e cu t r.1 ;,

Shcudon, Califuraia 934G1 U. E , / .omic Enert;y Co':re.ission Washington, D. C. 20545

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!,, L a b. . ? l ' ,!, Ur ( . K i lc u:ir . G . 1:Slech Cmn;t el for llc l'.c;.' ti e t.o ry S e c t f .

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