ML20236N015

Responds to 770614 & 0527 Ltrs Expressing Concern About Delays in Licensing of Plant.Util Must Complete Work on Important Technical Issues Before Record Can Be Completed

ML20236N015
Person / Time
Site:	Diablo Canyon
Issue date:	06/30/1977
From:	Gossick L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Ketchum W HOUSE OF REP.
Shared Package
ML20236J368	List: IA-87-214, Discusses ACRS 92nd Meeting on 671207-09.ACRS Completed Review of PG&E Application for Const of Nuclear Unit at Diablo Canyon Site.Facility Can Be Constructed W/O Risk to Public Health & Safety ML20236J366 ML20236J587 ML20236J622 ML20236J671 ML20236J804 ML20236J841 ML20236J985 ML20236K008 ML20236K057 ML20236K327 ML20236K351 ML20236K384 ML20236K422 ML20236K563 ML20236L228 ML20236L279 ML20236L316 ML20236L364 ML20236L420 ML20236L474 ML20236L565 ML20236L647 ML20236L689 ML20236L706 ML20236L724 ML20236L756 ML20236L787 ML20236L806 ML20236L866 ML20236L901 ML20236L922 ML20236L931 ML20236L986 ML20236M007 ML20236M024 ML20236M065 ML20236M681 ML20236M725 ML20236M744 ML20236M771 ML20236M777 ML20236N015 ML20236N032 ML20236N085 ML20236N115 ML20236N139 ML20236N193 ML20236N208 ML20236N255 ... further results
References
FOIA-87-214 NUDOCS 8708110336
Download: ML20236N015 (2)

Text

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J' 3 ~ yy Docket Nos. 50-275 50-323 l

' The Honorable William H. Ketchum United States House of Representatives -

Washington, D. C. 20515

Dear Congressman Ketchum:

l This is in response to your letter of June 14, 1977 to Chairman Rowden and your letter of May 27, 1977 to the President which was fomarded l to the Nuclear Regulatory Commission for reply. In both these letters, you express concern about delays in the licensing of the Diablo Canyon Nuclear Station. Because the Diablo Canyon operating license is the subject of an ongoing public hearing before an NRC Atomic Safety and Licensing Board and rulings by that body are subject to review by the Commissioners, it would be inappropriate for Chairman Rowden to respond to inquiries involving a pending case. Accordingly, I am pleased to respond to your letter.

It is true that members of the public, who have been granted status as parties in the NRC public hearing involving the application for licenses for the Diablo Canyon Nuclear Station, requested the presiding NRC Atomic Safety and Licensing Board to delay the commencement of the next session of the hearing until after August 1977 because of the unavail-ability of certain of their proposed witnesses. This request, however, was not the basis for scheduling the next session of the hearing for October 18, 1977.

At the present time, hearing schedules are not effecting the timetable for issuance of the Diablo Canyon operating license. Pacific Gas and Electric Company must complete work on important technical issues before the record can be completed in the licensing proceedings. For example, one strongly contested issue in the proceeding involves the adequacy of the Applicant's security plan. PG&E is submitting an entirely new security plan for the station which must be evaluated by the NRC Staff and reviewed by tne Cocnission's Advisory Committee on Reactor Safeguards.

This review and evaluation has been scheauled for completion in August.

Even assuming the Applicant, the Staff and the ACRS complete this work ^,

on schedule, adequate time thereafter must be allowed for discovery before commencement of the hearing on this issue. By scheduling the hearing to reconvene in October, this aspect of hearing preparation can/

be accommodated.

38110336 870729 R FOIA VNORB7-214 PDR

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. v The important point, however, is that the October 1977 session of the hearing will not decide the issue of whether the licenses will issue.

That matter cannot be resolved until the issue of the seismic adequacy of the site has been resolved. As you may be aware, the fairly recent identification of the Hosgri fault in the vicinity of the Station site has necessi;'ted the reevaluation of the Station design features to assure their adequacy to withstand earthquakes. The Pacific Gas and Electric Company expects to complete its reevaluation sometime in 1978; after which the NRC must evaluate the Company's submission to assure the protection of the public health and safety. Only after that will i this issue be ready for public hearing and final resolution of whether j licenses will issue.

The NRC Staff is well aware of its responsibility not to unnecessarily delay the processing of applications for nuclear plant licenses. In the matter of the Diablo Canyon application we believe we have met this responsibility in a manner consistent with our prime responsibility of protecting the public health and safety.

If we can be of further assistance, please do not hesitate to contact me.

Sincerely.

(Signed) t,ee y, co5sid Lee V. Gossick aker, Congressional Executive Director for Liaison Operations Distribution:

L. Davis Docket Files J.Tourte11otte 50-275 M.Grossman 50-323 T.Engelhardt Reg. Central Files H.Shapar LPDR L.Gossick OELD Reading Files W.Dircks OELD Formal Files (2)

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