ML20236P251

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Responds to Requesting Info About Diablo Canyon Nuclear Power Plant.Licensing & Operation Delayed Pending Resolution of Earthquake Safety Questions in Relation to Hosgri Fault
ML20236P251
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 04/15/1977
From: Rehm T
NRC
To: Leggett R
HOUSE OF REP.
Shared Package
ML20236J368 List: ... further results
References
FOIA-87-214 NUDOCS 8708120274
Download: ML20236P251 (3)
v • d • e


Text

. s APR 151977 1he donorable Robert L. Leggett.

United States Souse of Representatives Washington, D. C. 20515

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Dear Congressman Ieggetta j

I am pleased to respond to your letter of riarch 25, 1977, requesting information about the Diablo Canyon Nuclear Power Plant.

! 1 Tne understanding stated in your letter is correct.- Construction of the first of the two units at Diablo Canyon has been essentially '  ;

cxxtpleted since the Spring of 1976, but licensing and operation have ' '

been delayed pending resolution of earthquake safety questions.  ;

We recognize your constituents' concerns about the supply. of electricity.

It is our understanding that operation of the Diablo Canyon plant could J do a great deal to relieve a critical drought-induced energy supply i problem in Northern California this summer. We hive Also been informed that the energy supply problem might possibly be qJite critical in early 1978 ff the drought continues. >

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'Ibe controlling item in the Nuclear Regulatory Coramission's (NHC) review-of this case is a need for the licensee to demonstrate whether the plant nas an adequate level of earthquake safety in relation to the Hoegri l fault. Tne existence of this fault, which is about 31/2 miles from 1-the plant, came to light in 1971 after construction permits for Units 1 and 2 had been issued. It has been the subject of extensive investi-gation ard evaluation by Pacific Gas and Electric Company and the U.S.-

Geological Suurvey since 1973 when the Diablo Canyon operating license ')

application was cutxnitted. The NRC staff has requested an analysis to determine what plant modifications may oe necessary to safely withstand a magnitude 7.5 earthquake on the Hosgri fault. This is a more severe-seismic design basis than was originally. considered in the plant's design. Pacific Gas and Electric Company is performing the reanalysis. .

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t Before a decision can be Ide on whether or not' to issue a full- term i operating license the reanalysis must be completed and the matter must l bes (1) reviewed by the NRC staff s (2) reviewed by the independent ~

Advisory Coccittee on Beactor Safeguards; and (3) considered by the Atomic Safety and Licensing Board at public hearings. I can assure you that the NaC will make every effort to expedite the necessary reviews. l Nevertheless, we do not believe that the reanalysis can be completed' and reviewed in time to allow a deciofon on a full ters rating L licence before the su:sner of 1978.

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.. .. A . g z Tne Honorable Robert L. Leggett -

Decently,.in response to an inquiry from the California Energy Resources Conservation and Development Comunission, the NRC staff har, outlined a possible alternative approach that could result in an NHC decision on an interim (as distinguished frasi full term) operating license for DiaIblo -

Canyon tanit 1 before the end of 1977, if action is initiated pronptly.

' A general _ description of the possible alternative approach is given in the enclosed letter of March 18, 1977 to the Chairman of the California Energy Apeources of Conservation and Development Consission.

i In surmary, we believe that, if PCEE's present application for a full

, term license _is prosecuted vigorously, an leC decision on Diablo Canyon _

Unit'l will be reached about the middle of next year. However, if appro-priate application is made and justified, we believe it. is possible to i

reach a decision on issuance of an interia licehse by the and of this '

j year.

I trust' you will find this information responsive to your request.

Sincerely, JSisned) T. #,Rehm

Enclosure:

Ietter to Dr. Richard L. Maullin dated t' arch 18, 1977 t

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l Eocket Nos. 50-275 l

and 50-323 Dr. Richard L. Maullin, Chairman Energy Pesources Conservation and i Development Comission 1111 Howe Avenue Sacramento, California 95825

Dear Dr. Mau11in:

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! I am pleased to respond to your telegram of March 10,1977, to i l Chairman Rowden. You described certain activities undertaken by the l Energy Resources Conservation and Develognent Comission aM its staff regarding the energy supply and water drought situation in California and inquired about the procedures to be followed by the Nuclear Begulatory Commission (NRC) in making a final determination relating to licensing of the Diablo Canyon plant for operation. This case is uMer consider-

  • ation by an Atomic Safety aM Licensing Board. Since any decision or ruling by the licensing board is subject to review by the Comission, it would not be appropriate for the Commissioners to comment on the matter at this time. Accordingly, your telegram was referred to me for reply.

We application froa the Pacific Gas and Electric Company (the licensee) for full term (40 years from the date of the construction permits) oper-ating licenses for Units 1 and 2 of the Diablo Canyon facility has been under review by the NRC staff since Octobar 1973. W e basic reason that the review is not complete is the need for the licensee to complete a seismic reassessment program designed to determine the extent to which the plant can safely withstand a nore severe seismic event than that used as a design basis for the facility at the construction permit stage.

We possible occurrence of the more severe seismic event is based upon evidence that came to light after issuance of construction permits for the two units in 1968 and 1970, respectively.

We licensee has informed us that, except for conpletion of its seismic reassessment program, Unit 1 of the Diablo Canyon plant will be physi-cally co71ete and ready for operation in April or May of this year.

We licensee esti: nates that the seismic reassessment program can be completed and renived to the satisfaction of the NRC staff, the Advisory Committee on Reactor Safeguards (ISRS), and the NRC Atomic Safety and W_ @, ~ N,(rt.

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Dr. Richard L. Maullin mad 13 is77 i Licensing Board so as to permit issuance of a fuel loading license in l October of this year, and issuance of a full term license for power l cperation in January 1978. We believe that Unit 1 can be made ready j for operation in the spring of this year, except for final resolution of the seismic matter, but we believe that resolution of that matter, to the degree needed to permit a decision on fuel loading and issuance

, of a full term license for power operation, could require more time than predicted by the licensee. We believe that if the licensee's present schedule for submission of the results of its seismic reassessment pro-gram is maintained, a decision on issuance of the full term license for Unit 1 would occur in the su::raer of 1978. j i

%e licensee estimates that Unit 2 will be physically complete in December {

1977, except for resolution of the seismic matter, and that the seismic 1 matter will be resolved on a time scale that will permit fuel loading j and issuance of a full term license a few months after similar actions 1 are taken for Unit 1. We believe that a decision on fuel loading aid i issuance of a full term license for Unit 2 could occur a few months 1 after a decision on Unit 1, but that the decision will likely occur-in the latter half of 1978. .

l 2ere is a possible alternative approach that could result in an lac decision on an interim (as distinguished from full term) operating I license for operation of Diablo Canyon Unit 1 before the end of 1977, I if action is initiated promptly. The authority to grant such a license j is set forth in Section 50.57 of 10 CFR Part 50, in conjunction with  !

other regulations addressing radiological safety and environmental l matters associated with the issuance of licenses. This approach would generally consist of the following:

(1) An appropriate request by the licensee for an interim license, l

pending final resolution of the seismic matter through completion of the attendant adjudicatory proceedings for a full term license by the Atcmic Safety and Licensing Board. The request would need to demnstrate the need to consider. such an action.

(2) Sutnittal of information and analyses by the licensee to denen-strate that the requisite level of safety would be assured during I the period of the interim license. This information should include all available results of the seismic reassessment program, supported i

. by: (a) a realistic assessment of the probability of large earth-quakes in the site environs and the probability of the plant to withstand such earthquakes without failures of structures and i :qJipment sufficient to ' lead 1.o unacceptable radiological con-sequences to the public; (b) a conditment by the licensee to make 1

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Dr. Ricnard L. Maullin g yg l

l any changes to the design determined to be necessary on the basis of the continuing seismic rosscessacnt programt aM (c) an evalu-ation of the practicality of making the raw. changes to a plant which hr.s been in ogration during.the term of the interim license.

If adequate inferr:ation were provided by the licensee on t!wse issues, the staff would be prore. red to prcmptly develop a Gafety Evaluation Report setting forth its conclusions on the acceptability of such an interim licenso for consideration by the ACRS and by tha Atanic Safety and Licensing Board.

(3) aaview aM a report on the proposed interim license by the ACRS.

(4) Consideration of interim licensing by the Atomic Safety and Licensing Board.

As noted previously, the approach describod above has the potential of leading to an IGC decision on icauance of such an interim license for j Diablo Canytn thit 1 in the latter part of 1977 if action is initiated  !

prc=ptly by the licensee and is supported by the timely suosittal of ,

requisite technical information and analyses.

In str: mary, we believe that, if the licensae's present application for a full tcra license continues to be prosecuted vigorously, an tGC decision on Diablo Canyon Unit 1 will be reached about the middle of next year. EL~sover, if appropriate application is made and justified, we believe it is possible that a decision on whether to iscuo en intarim licer.:c could be rea:ned by the end of this year.

I hepa that this respcm to your telegram of March 10 is of assichnee j to yotr Cwinsien in its deliberations. j Oricinal Signed h:r Ben C,R=d2e

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'LLCO25 VAB283(2046)(2-057C7EE069)PD 03/10/77 2046 fp777,.; 3 ICSIPMRNCE CSP A! 0:!;g 9163223690 TDRN SACRAMENTO CA!45 03-10 0846P EST PMSMARCUS ROVDEN CHAIRMAN NUCLEAR REGULATORY COMMISSION , RDM, REPORT DELIVERY BY MAILGRAM, DLR fd- a y) 323 1717 H ST NORTHVEST VASHINGTON DC 20555 ,

DEAR MR CHAIRMAN THE CALIFORNIA ENERGY COMMISSION AT ITS BUSINESS MEETING OF MARCH 9, 1977 UNANIMOUSLY APPROVED A MOTIONDIRECTING THE COMMISSION STAFF TO PREPARE AN. ORDER TO THE STATES ELECTRIC UTILITIES REGARDING ENERGY SUPPLY MEASURES ,DURING THE VATER DROUGHT IN CALIFORNIA ASPART OF THE FORTHCOMING ORDER,THE COMISSION VILL EXPRESS ITS DESIRE TO SEE THE MOST EXPEDITIOUSDECISIONON AN CPERATING LICENSE FOR THE PACIFIC GAS AND ELECTRIC COMPANY'S DIABLO CANYON NUCLEAR PLANT.IN THIS REGARD,VE VISH TO INQUIRE ABOUT THE PROCEDURES TO BE r.,m mw,

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FOLLOVED BY THE NUCLEAR REGULATORY COMMISSIONTC"-MAKE A DETERMINATION ON THIS CASE .

THIS INFORMATION WOULD BE OF GREAT -VALUE' TO THE STATES REGULATORY AUTH0 PITIES AND NORTHERNCALIFORNIA ELECTRICAL CONSUMERSFOR ,

ESTIMATING THE ROLEDIABLO CANYON MIGHT PLAY IN THE STATES ELECTRICAL CAPACITY MIX 'DURING 'lHE CURRENT DROUGHT AND IN' MEETING(

NEXT YEARSDROUGHT CONSTRAINED ELECTRICITY NEEDS- SINCERELYYOURS RICHARD L MAULLIN CHAIRMAN CALIFORNIA ENERGY COMMISSION

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(1111 HOVE AVE SACRAMENTO CA 95825)

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