ML15054A248

Letter to the Commission Request That the NRC Decide Petition to Intervene and Request for a Hearing by Friends of the Earth in De Facto License Amendment Proceeding Diablo Canyon Power Plant, Docket Nos. 50-275 and 50-323

ML15054A248
Person / Time
Site:	Diablo Canyon
Issue date:	02/19/2015
From:	Ayres R, Bernetich J, Olson J Friends of the Earth
To:	NRC/SECY
SECY RAS
References
50-275, 50-323, License Amendment, RAS 27283
Download: ML15054A248 (2)

Text

February 19, 2015 U.S. Nuclear Regulatory Commission Office of Secretary of the Commission Sixteenth Floor One White Flint North 11555 Rockville Pike Rockville, MD 20852 Re: Request that the NRC Decide Petition to Intervene and Request for a Hearing by Friends of the Earth in De Facto License Amendment Proceeding Diablo Canyon Power Plant, Docket Nos.

50-275 and 50-323.

To Commissioners of the Nuclear Regulatory Commission:

This letter is submitted on behalf of Petitioner Friends of the Earth (Friends) in the proceeding to address significant changes to the licensing basis for Diablo Canyon Power Plant, located near Avila Beach, CA, to accommodate new information about the seismic risk to the plant. The docket numbers for the proceeding are 50-275 and 50-323.

Background

On August 26, 2014, Friends filed a petition requesting that the Nuclear Regulatory Commission (NRC or Commission) (1) hold an adjudicatory hearing on whether Pacific Gas

& Electric Company (PG&E) is entitled to a license amendment to allow continued operation of the Diablo Canyon Power Plant (Diablo) given the recent discovery that previous analyses had substantially underestimated the seismic risk posed to Diablo and (2) suspend operation of the plant until such hearing is complete. Briefing in this matter was completed on October 6, 2014.

More than four months have now passed since Petitioner requested that the Commission commence the adjudicatory hearing required in the amendment process. The Commissions delay is unreasonable, particularly given the significance of the increased safety risk.

Significant New Information Requires the Commission to Promptly Decide the Petition NRC rules clearly spell out a licensing process for changes in the design basis that adversely affect safe operation of the unit. Following discovery of the Shoreline Fault and other new faults near the plant, NRC and PG&E, admitting that the existing license contains no provision for analyzing new seismic data, have engaged in a de facto license amendment proceeding to alter the seismic design basis. As detailed in the Petition to Intervene, the seismic risk presented by this new data requires additional analysis and changes to the license.

1

PG&E has reduced the Diablo Canyon margin of safety without any public input regarding the propriety of such an action. PG&E, with NRCs approval, is engaging in an illegal de facto license amendment process in contravention of section 189 of the Atomic Energy Act.

The public must be permitted an opportunity for a hearing on these significant safety issues.

Consistent with its own regulations, and the Atomic Energy Act, the Commission should grant the petition filed by Friends and convene a licensing proceeding to amend formally the license for Diablo Canyon.

Conclusion Diablo Canyon continues to operate without a showing of adequate safety margin. The hearing associated with the license amendment process needs to commence at once, to satisfy the rule of law and the public interest and to reassure the public that despite the significant new information about the seismic risk surrounding the plant, the NRC has made every effort to ensure safe operation of Diablo Canyon.

We thus reiterate our request that the Commission immediately grant the petition to intervene and request for a hearing in this de facto licensing proceeding.

Regards,

/s/ Richard E. Ayres Richard E. Ayres Jessica L. Olson John H. Bernetich Counsel to Friends of the Earth 2