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MONTHYEARDCL-23-118, License Renewal Application2023-11-0707 November 2023 License Renewal Application Project stage: Other ML24065A4342024-03-0505 March 2024 Exhibit 2 to Hearing Request Project stage: Request ML24067A0662024-03-0707 March 2024 Petition by San Luis Obispo Mothers for Peace, Friends of the Earth and Environmental Working Group for Shutdown of Diablo Canyon Nuclear Power Plant Due to Unacceptable Risk of Seismic Core Damage Accident Project stage: Request ML24088A2382024-03-28028 March 2024 10 CFR 2.206 - Diablo Canyon Units 1 and 2 OEDO-24-00083 - Screen-in e-mail L-2024-CRS-0000 Project stage: Other ML24136A1622024-05-15015 May 2024 OEDO-24-00083 (E-Mail) 10 CFR 2.206 - Diablo Canyon Power Plant, Unit Nos. 1 and 2 Seismic - Initial Assessment Project stage: Other ML24162A0792024-06-0707 June 2024 OEDO-24-00083 - 10 CFR 2.206 - Diablo Canyon Units 1 and 2 Seismic CDF - Supplemental Declaration 6-7-2024 - Project stage: Supplement ML24218A1642024-07-17017 July 2024 OEDO-24-00083 - 10 CFR 2.206 - Diablo Canyon Units 1 and 2 Seismic CDF - 7-17-2024 Petitioner Public Meeting Transcript - Project stage: Meeting ML24198A1052024-07-17017 July 2024 10 CFR 2.206 - Diablo Canyon Units 1 and 2 Seismic CDF - Petitioner Presentation 7-16-2024 - L-2024-CRS-0000 OEDO-24-00083 Project stage: Other ML24235A2032024-08-22022 August 2024 OEDO-24-00083 - 10 CFR 2.206 - Diablo Canyon Units 1 and 2 Seismic - Final Determination e-mail - EPID L-2024-CRS-0000 Project stage: Other ML24205A0662024-08-27027 August 2024 OEDO-24-00083 - 10 CFR 2.206 - Ack Letter - Diablo Canyon Units 1 and 2 Seismic Core Damage Frequency - Project stage: Other ML24205A0672024-08-27027 August 2024 OEDO-24-00083 - 10 CFR 2.206 - FRN Diablo Canyon Units 1 and 2 Seismic Core Damage Frequency - (EPID L-2024-CRS-0000) - Federal Register Notice Project stage: Other ML24262A2462024-09-11011 September 2024 10 CFR 2.206 - Diablo Canyon Units 1 and 2 Seismic - Petitioner Response to Acknowledgement Letter - Project stage: Other 2024-05-15
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Category:Federal Register Notice
MONTHYEARML24205A0672024-08-27027 August 2024 OEDO-24-00083 - 10 CFR 2.206 - FRN Diablo Canyon Units 1 and 2 Seismic Core Damage Frequency - (EPID L-2024-CRS-0000) - Federal Register Notice ML24205A0662024-08-27027 August 2024 OEDO-24-00083 - 10 CFR 2.206 - Ack Letter - Diablo Canyon Units 1 and 2 Seismic Core Damage Frequency - ML24114A3102024-05-0303 May 2024 Monthly (28-Day) Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 14, 2024 ML24067A0372024-03-20020 March 2024 Federal Register Notice - Issuance of Multiple Exemptions Regarding 10 CFR Part 73 - February 2024 ML24003A8902024-01-24024 January 2024 Letter to P. Gerfen - Diablo Canyon Notice of Intent to Conduct Scoping and Prepare an Environmental Impact Statement ML24003A8892024-01-19019 January 2024 FRN - Diablo Canyon, Units 1 and 2, Notice of Intent to Conduct Scoping and Prepare an Environmental Impact Statement ML23341A0032023-12-14014 December 2023 LRA Acceptance and Opportunity for Hearing FRN ML23320A1502023-11-17017 November 2023 Individual Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, & Opportunity for Hearing (Exigent Circumstances) (EPID L-2023-LLA-0155) - LTR ML23320A1462023-11-17017 November 2023 Individual Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, & Opportunity for Hearing (Exigent Circumstances) (EPID L-2023-LLA-0155) - FRN ML23293A1062023-11-16016 November 2023 LRA - Receipt and Availability - FRN ML23291A1982023-11-0808 November 2023 Withdrawal of Amendment Request Regarding Alternative Security Measures for Early Warning System (EPID: L-2022-LLA-0029) (Federal Register Notice) ML23192A0232023-07-0303 July 2023 7-3-23 Petitioners Excerpts of Record Volume 2 (9th Cir.)(Case No. 23-852) ML23192A0252023-07-0303 July 2023 7-3-23 Petitioners Excerpts of Record Volume 3 (9th Cir.)(Case No. 23-852) ML23192A0212023-07-0303 July 2023 7-3-23 Petitioners Excerpts of Record Volume 1 (9th Cir.)(Case No. 23-852) ML22265A1022023-01-0505 January 2023 FRN - Diablo Canyon ISFSI Renewal Notice of Docketing and Opp for Hearing ML22053A2612022-06-17017 June 2022 FRN - Post-Shutdown Decommissioning Activities Report (PSDAR) Public Meeting (EPIDs L-2019-LRL-0004, L-2019-LRL-0005, and L-2019-LRL-0006) ML21091A0662021-04-23023 April 2021 FRN - Notice of Issuance of Multiple COVID-19 Exemptions Regarding Various Parts of 10 CFR Issued in March 2021 ML21068A3372021-04-0202 April 2021 Federal Register Notice, One-Time Exemption from Select Requirements of 10 CFR Part 55, Operators' Licenses ML20328A3022020-11-0303 November 2020 85 Fr 69620 - Federal Register Notice Dated 11/3/20 by Department of Energy Californians for Green Nuclear Power, Inc., Et Al (Diablo Canyon Nuclear Power Plant, Units 1 and 2 - Cgnp Public Comments on Pre-submittal Meeting of 11/24/2020) ML20271A0002020-10-13013 October 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for September 2020 ML20245E3122020-09-0303 September 2020 Notice of Issuance, License Amendment; Issuance, Opportunity to Request a Hearing, and Petition for Leave to Intervene ML20245E3952020-09-0303 September 2020 Transmittal Letter with Notice of Issuance, License Amendment; Issuance, Opportunity to Request a Hearing, and Petition for Leave to Intervene ML20177A6452020-07-15015 July 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for June 2020 ML20072L8482020-03-12012 March 2020 FRN Notification of the Availability of the Post-Shutdown Decommissioning Activities Report in the Federal Register (EPID L-2019-LRL-0004)-Cancellation of Public Meeting ML20055E0632020-02-18018 February 2020 Pacific Gas and Electric Company - Diablo Canyon Power Plant, Unit Nos. 1 and 2 - Federal Register Notice ML20034E1482020-02-13013 February 2020 Letter, Notice of Receipt, Public Meeting and Request for Comment on Post-Shutdown Decommissioning Activities Report ML19163A1362019-09-12012 September 2019 FRN Exemptions from the Requirements of 10 CFR Sections 50.82(a)(8)(i)(A) and 50.82(a)(8)(ii) ML19238A3692019-09-0303 September 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 09/10/2019 ML19136A1022019-08-12012 August 2019 Letter, Environmental Assessment and Finding of No Significant Impact Request for Exemptions from 10 CFR 50.82(a)(8)(ii) and 10 CFR 50.82 (a)(8)(i)(A), ML19136A0302019-08-12012 August 2019 FRN: Environmental Assessment and Finding of No Significant Impact Request for Exemptions from 10 CFR 50.82(a)(8)(ii) and 10 CFR 50.82 (a)(8)(i)(A) ML18151A9532018-06-0101 June 2018 Federal Register Notice: Environmental Assessment and Finding of No Significant Impact; Issuance ML18127B7232018-05-14014 May 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 22, 2018 NRC-2018-0096, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 22, 20182018-05-14014 May 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 22, 2018 ML18093A1172018-04-17017 April 2018 Request for Withdrawal FRN NRC-2016-0237, OEDO-16-00436 - FRN, Final Director'S Decision - David Lochbaum, Union of Concerned Scientists, Letter 10 CFR 2.206 Petition on Apparent Violation of 10 CFR 50.9 (CAC Nos. MF8123 and MF8124)2017-05-12012 May 2017 OEDO-16-00436 - FRN, Final Director'S Decision - David Lochbaum, Union of Concerned Scientists, Letter 10 CFR 2.206 Petition on Apparent Violation of 10 CFR 50.9 (CAC Nos. MF8123 and MF8124) ML17108A5642017-05-12012 May 2017 OEDO-16-00436 - FRN, Final Director'S Decision - David Lochbaum, Union of Concerned Scientists, Letter 10 CFR 2.206 Petition on Apparent Violation of 10 CFR 50.9 NRC-2016-0151, FRN Re. Withdrawal of an Amendment Request (CAC Nos. MF7731 and MF7732)2017-04-24024 April 2017 FRN Re. Withdrawal of an Amendment Request (CAC Nos. MF7731 and MF7732) ML17100A2302017-04-24024 April 2017 FRN Re. Withdrawal of an Amendment Request ML17100A2292017-04-24024 April 2017 Withdrawal of an Amendment Request NRC-2016-0080, SRM-M150521A-2 - FRN Regarding Friends of Earth 2.206 Petition Based on Commission Memorandum and Order CLI-15-14 (CAC Nos. MF6443 and MF6444)2017-04-21021 April 2017 SRM-M150521A-2 - FRN Regarding Friends of Earth 2.206 Petition Based on Commission Memorandum and Order CLI-15-14 (CAC Nos. MF6443 and MF6444) ML17090A1902017-04-21021 April 2017 SRM-M150521A-2 - FRN Regarding Friends of Earth 2.206 Petition Based on Commission Memorandum and Order CLI-15-14 ML17095A9322017-04-21021 April 2017 Final Director'S Decision Under 10 CFR Sec. 2.206 Friends of the Earth 2.206 Petition Based on Commission Memorandum and Order CLI-15-14 ML16285A2202016-11-0909 November 2016 OEDO-16-00436 - Letter, Acknowledgement to David Lochbaum, Union of Concerned Scientists, Petitioner, 2.206 Petition Related to Apparent 50.9 Violation at Diablo Canyon Nuclear Power Plant ML16285A2392016-11-0909 November 2016 OEDO-16-00436 - FRN, Acknowledgement to David Lochbaum, Union of Concerned Scientists, Petitioner, 2.206 Petition Related to Apparent 50.9 Violation at Diablo Canyon Nuclear Power Plant ML16218A4832016-08-17017 August 2016 FRN, Diablo Canyon Power Plant LRA - Issuance of Exemption from the Requirements of 10 CFR 54.21 ML16084A7172016-04-12012 April 2016 SRM-M150521A-2 - Acknowledgement Letter to Petitioner, Friends of the Earth 2.206 Petition Based on Commission Memorandum and Order CLI-15-14 ML16084A7372016-04-12012 April 2016 SRM-M150521A-2 - Acknowledgement Federal Register Notice, Friends of the Earth 2.206 Petition Based on Commission Memorandum and Order CLI-15-14 ML16061A3012016-03-0202 March 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: March 15, 2016 ML16004A1182016-01-0707 January 2016 FRN, Issuance of Confirmatory Orders, Authorize Use of Preemption Authority Granted Under Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended ML15174A0202016-01-0505 January 2016 ISFSI - Enclosure 5, Confirmatory Order, Authorize Use of Preemption Authority Granted Under Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended (CAC Nos. MF2809, MF2810, and L24991) 2024-08-27
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Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-275 and 50-323; NRC-2024-0148]
Pacific Gas & Electric Company;
Diablo Canyon Power Plant, Unit Nos. 1 and 2;
Petition
AGENCY: Nuclear Regulatory Commission.
ACTION: 10 CFR 2.206 request; receipt.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is giving notice that by
petition dated March 4, 2024, as supplemented on June 7, 2024, San Luis Obispo
Mothers for Peace, Friends of the Earth, and Environmental Working Group (the
petitioners) requested that the NRC exercise its supervisory authority to order the
immediate closure of Diablo Canyon Nuclear Power Plant, Unit Nos. 1 and 2 (Diablo
Canyon) due to the unacceptable risk of a seismically induced severe accident. The
Commission referred the request to the enforcement petition process under NRC
regulations. The petitioners request is included in the SUPPLEMENTARY
INFORMATION section of this document.
DATES: September 3, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0148 when contacting the NRC
about the availability of information regar ding this document. You may obtain publicly
available information related to this document using any of the following methods:
search for Docket ID NRC-2024-0148. Address questions about Docket IDs in
Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email:
Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the
For Further Information Contact section of this document.
- NRCs Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the ADAMS Public
Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select Begin Web-based ADAMS Search. For problems with ADAMS, please
contact the NRCs Public Document Room (P DR) reference staff at 1-800-397-4209, at
301-415-4737, or by email to PDR.Resource@nrc.gov. For the convenience of the
reader, instructions about obtaining materials referenced in this document are provided
in the Availability of Documents section.
- NRCs PDR: The PDR, where you may examine and order copies of publicly
available documents, is open by appointment. To make an appointment to visit the PDR,
please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or
301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Perry Buckberg, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001;
telephone: 301-415-1383; email: Perry.Buckberg@nrc.gov.
I. SUPPLEMENTARY INFORMATION:
On March 4, 2024, the petitioners filed a petition requesting that the NRC
exercise its supervisory authority to order the immediate closure of Diablo Canyon due
to the unacceptable risk of a seismically induced severe accident. An order was issued
on March 12, 2024, referring the request to the enforcement petition process under
section 2.206 of title 10 of the Code of Federal Regulations (10 CFR), Requests for
action under this subpart.
2 The specific concerns expressed in the March 4, 2024, petition, as supplemented on
June 7, 2024, now include:
- 1. Thrust faulting is neglected by Pacific Gas & Electric Companys (PG&Es)
2012 Seismic Source Characterization (SSC) model, because the model assumes that a
majority of large earthquakes affecting Diablo Canyon are strike-slip and disregards the
significant contribution of thrust faul ting earthquake sources under the Diablo Canyon
site and the adjacent Irish Hills. In addition, PG&E did not use a hanging-wall term for
the modeling of potential ground motions from the Los Osos and San Luis Bay thrust
faults.
- 2. The January 2024 magnitude 7.5 (moment magnitude) earthquake centered
in the Noto Peninsula (Japan), with an average slip of 2 meters on the fault, is analogous
to future potential thrust mechanism earthquakes beneath Diablo Canyon. Based on the
slip rate of the Irish Hills adjacent to Diablo Canyon and the slip of the Noto earthquake,
large thrust fault earthquakes will occur, on average, every 715 years near the Diablo
Canyon site.
- 3. PG&Es 2012 SSC model does not account for an inferred offshore thrust
fault that has a slip rate of 2.8 millimeters per year (mm/yr) and the potential for
producing a magnitude 7.5 earthquake.
- 4. Seismic core damage frequency estimated by PG&E in 2018 to be 3x10 -5,
should be 1.4x10-3 per year (about once every 715 years) based on this higher
recurrence rate for thrust earthquakes.
The NRC staff assembled a Petition Review Board (PRB) in accordance with
NRC Management Directive (MD) 8.11, Review Process for 10 CFR 2.206 Petitions,
and its associated Directive Handbook 8.11,Section III. In an email dated May 15, 2024,
the petition manager informed the petitioners that the PRBs initial assessment was to
3 not accept the petition for review. The PRBs position was that the petition did not meet
the criteria in MD 8.11 for accepting petitions under 10 CFR 2.206 because the issues
raised have previously been the subject of a facility specific or generic NRC staff
review and the petition does not provide significant new information that the staff did
not consider in a prior review.
On May 15, 2024, along with the initial assessment, the petition manager offered
the petitioners an opportunity to address the PRB in a public meeting, which was
accepted by the petitioners.
The June 7, 2024, supplement to the petition responded to the PRBs initial
assessment.
The NRC then held the public meeting on July 17, 2024. During the meeting, the
petitioners presentation discussed and ex pounded on information from the supplement
dated June 7, 2024, and included graphics to represent their position. The transcript of
that meeting is considered a supplement to the petition.
Following the public meeting, the PRB met to consider what had been presented
during the meeting. The PRB determined that the concerns as previously described in
this notice, which were raised in the original petition and supplements, meet the criteria
in MD 8.11, Sections III.C.1(a) and (b) and will be accepted into the 10 CFR 2.206
process for further review by the PRB in accordance with MD 8.11. The PRB also
determined that there is no imminent safety concern that warrants immediate shutdown
of Diablo Canyon. On August 22, 2024, the petition manager informed the petitioners of
this outcome.
II. Availability of Documents
The documents identified in the following table are available to interested
persons through ADAMS.
4 DOCUMENT DESCRIPTION ADAMS ACCESSION NO.
Petition submitted by San Luis Obispo ML24067A066 Mothers for Peace, Friends of the Earth, and Environmental Working Group, dated March 4, 2024.
NRC SECY Order referring the petition to ML24072A529 the 10 CFR 2.206 process, dated March 12, 2024.
Petition Supplement, dated June 7, 2024. ML24162A079 NRC Management Directive 8.11, ML18296A043 Review Process for 10 CFR 2.206 Petitions, dated March 1, 2019.
Email from the NRC to the Petitioners re ML24136A162 Diablo Canyon Seismic Core Damage 2.206 petition - Initial Assessment, dated May 15, 2024.
July 17, 2024, Public Meeting Petitioner ML24198A105 Presentation to the PRB.
July 17, 2024, Public Meeting Official ML24218A164 Transcript of Proceedings.
Email from the NRC the Petitioners re ML24235A203 Diablo Canyon Seismic Core Damage 2.206 petition - Accepted, dated August 22, 2024.
Dated: August 27, 2024.
For the Nuclear Regulatory Commission.
/RA/
Michael X. Franovich, Acting Deputy Director, Office of Nuclear Reactor Regulation.
5