ML20244B443

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Responds to 770310 Telegram to Chairman Rowden Re Procedures to Be Followed by NRC in Making Final Determination Concerning Licensing of Facility.Decision to Issue Interim License Could Be Reached by End of Yr Pending Justification
ML20244B443
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 03/18/1977
From: Rusche B
NRC COMMISSION (OCM)
To: Maullin R
CALIFORNIA, STATE OF
Shared Package
ML20236J368 List: ... further results
References
FOIA-87-214 NUDOCS 8104090849
Download: ML20244B443 (3)
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I D:cket Nos. 50-275 l l

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Dr. Richard L. Maullin, Chairman l Energy Resources Conservation and Development Comission 1111 Bowe Avenue ll i

Sacramento, California 95825

Dear Dr. Maullin:

1 I am pleased to respond to your telegram of March 10,1977, to l Chairman Rowden. You described certain activities undertaken by the i Energy Resources Conservation and Developmnt Comission and its staff l regarding the energy supply and water drought situation in California  ;

and inquired about the procedures to be followed by the Nuclear Pegulatory l Comission (tac) in making a final determination relating to licensing of the Diablo Canyon plant for operation. This case is under consider-

  • ation by an Atomic Safety and 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.

Be application from the Pacific Gas and Electric Company (the lic..see) for full term (40 years from the date of the construction permits) oper-ating licenses for Units 1 and 2 of the Diablo Canycn facility has been under review by the NRC staff since October 1973. The 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 more severe seismic event than that used as a design basis for the facility at the construction permit stage, he possible occurrence of the more severe seis:aic event is based upon evidence that came to light after issua .ce of construction permits for the two units in 1968 and 1970, respectively.

@e licensee has informed us that, except for corpletion of its seisnic reassessment program, Unit 1 of the Diablo Canyon plant will be physi-cally complete and ready fur operation in April or May of this year.

The licensee estimates that the seismic reassessment program can be completed and resolved to the satisfaction of the NRC staff, the Advisory Comittee on Reactor _E{a eguards ( ACPS), hrd the IGC Atcmic Safety ard C l N t - j .

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Licensing Board so as to permit issuance of a fuel loading license in 0:tober of this year, and issuance of a full term license for power operation in January 1978. We believe that Unit 1 can be made ready l for operation in the spring of this year, except for final resolution l of the seismic matter, but we believe that resolution of that matter, l to the degree needed to permit a decision on fuel loading and . issuance

of a full term license for power operation, could recuire xce time than l predicted by the licensee. He believe that if the licensee's present schedule for sutraission of the results of its seismic reassessment pro-gram is maintained, a decision on issuance of the full term license l for Unit 1 would occur in the sumer of 1978.

he licensee estimates that Unit 2 will be physi 6 ally complete in Dacember 1977, except for resolution of the seismic matter, and that the seismic matter will be resolved on a time scale that will permit fuel loading and issuance of a full term license a few ncnths after similar actions .

are taken for Unit 1. We believe that a decision on fuel loading and issuance of a full term license for Unit 2 could occur a few nonths after a decision on Unit 1, but that the decision will likely occur-in the latter half of 1978. .

2ere is a possible alternative approach that could result in an NFC decision on an interim (as distinguished from full term) operating license for operation of Diablo Canyon Unit 1 before the end of 1977, if action is initiated promptly. %e author'ity to grant such a license is set forth in Section 50.57 of 10 CFR Part 50, in conjunction with other regulations addressing radiological. safety and environmental matters associated with the issuance of licenses. This approach would generally consist of the following:

(1) An appropriate regaest by the licensee for an interim license, pending final resolution of the seismic matter through completion of the attendant adjudicatory proceedings for a full term license by the Atomic Safety and Licensing Board. The regaest would need to demnstrate the need to consider. such an action.

(2) Submittal of information and analyses by the licensee to decen-strate that the regaisite level of safety would be assured during the period of the interim license. n is information should include all available results of the seismic reassessment prcgram, supported by: (a) a realistic assessment of the probability of large earth-gaakes in the site environs and the probability of the plant to withstand such earthquakes without failures of structures and equipment sufficient to ' lead to unacceptable radiological con- -

sequences to the public; (b) a comitant by the licensee to make O

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any changes to the design determined to be necesr.ary on the b:sia l of the continuing seicaic reassearcent progra:a; and (c) an evala-l

ation of the practicality of making the inW..1 changes to a. plant l which h
:s been in c;:cration during.tbo tam of the interim licence.

If edegaate infcmtion trare provided by tha licenseo on these issues, the staff would bo prepared to prc:=ptly develop a Safoty r/nluation Report ~ cetting forth its conclusions on the acceptability of such an interim licenza for consideration by the ACRS ard by the At:mic Safety ca3 Licensing Board.

(3) review and a report on the proposed interim licent,e by the ACES.

(4) consideration of interim licensing by the A'tomic Safety and Licensing Board. ' '

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l As noted previously, the approach described above has the potential of leading to an tsc decision on inauance of cuch an interin license for Dbblo Canycn Unit 1 in the latter part of 1977 if action is initiated prceptly by the licen:na and is supported by the tirely submittal of ,

requisito technical information and analyses.

In sunnary, we believe that, if the licensee's present ipplicatien for a full tem license centinues to ba prosecuted vigorously, an tGC decision on Diablo C:nycn thit I will be reached ebout the middle of next year. Pamer, if appropriate application is cada and justified, we believe it is possible that a decision on whethor to issuo an int. arf 2a

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' lice,v.e could be rosened by the end of this year.

I hope that this res:pensa to your telegrs:n of terch 10 is of assicmca to your Cmimien in it.: deliberations.

Sincoroly,

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