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Category:Legal-Correspondence/Miscellaneous
MONTHYEARML23268A0522023-09-25025 September 2023 Notice of Appearance for Jeremy L Wachutka ML23268A4322023-09-25025 September 2023 Pge Notices of Appearance for Ryan Lighty - Paul Bessette - and Timothy Matthews ML23227A1422023-08-15015 August 2023 Licensing Board Notification Regarding Pacific Gas and Electric Company Letter DIL-23-005 ML23089A3392023-03-30030 March 2023 Notices of Appearance of Ryan K. Lighty, Paul M. Bessette, and Timothy P. Matthews on Behalf of Pacific Gas and Electric Company ML23087A2812023-03-28028 March 2023 Notices of Appearance for Adam S. Gendelman and Catherine E. Kanatas, Counsel for NRC Staff ML23074A1122023-03-14014 March 2023 Email Reply from Diane Curran to Office of the Secretary Email Regarding Filing of Hearing Request from San Luis Obispo Mothers for Peace Regarding Diablo Canyon ISFSI License Renewal Application ML23074A1112023-03-14014 March 2023 Office of the Secretary Email Regarding Filing of Hearing Request from San Luis Obispo Mothers for Peace Regarding Diablo Canyon ISFSI License Renewal Application ML16124A9152016-05-0303 May 2016 Updated Notices of Appearance for David E. Roth, Mitzi A. Young, Catherine E. Kanatas, Joseph A. Lindell and Jeremy L. Wachutka ML16040A3632016-02-0909 February 2016 Pacific Gas and Electric Company Response to Foe Letter to Commission ML16014A7422016-01-14014 January 2016 Friends Letter to Commission, Recent NRC Staff Inspection Report Relevant to Diablo Canyon Power Plant Defacto License Amendment Proceeding ML16043A4982016-01-0808 January 2016 Petitioners Docketing Statement 2-11-16 ML15288A0972015-10-15015 October 2015 October 2015 Schedule Update - Projected Schedule for Completion of the Safety and Environmental Evaluations ML15286A1802015-10-13013 October 2015 Schedule Update Letter for October 2015 ML15260A5012015-09-17017 September 2015 Staff Status Update - September 2015 ML15251A4792015-09-0808 September 2015 September 2015 Monthly Status Report ML15232A7052015-08-20020 August 2015 Notice of Withdrawal for Darani M. Reddick ML15232A0242015-08-20020 August 2015 Staff Status Update - August 2015 ML15232A7212015-08-20020 August 2015 Notice of Withdrawal for Susan Uttal ML15223B3862015-08-11011 August 2015 Schedule Update Letter for August 2015 ML15197A1952015-07-16016 July 2015 NRC Staff Status Update - Projected Schedule for Completion of the Safety and Environmental Evaluations ML15195A5342015-07-14014 July 2015 Seismic Study Update Letter for July 2015 - Status Report ML15183A3972015-07-0202 July 2015 Board Notice Re Diablo Canyon IPEEE Report ML15182A4522015-07-0101 July 2015 July 2015 Update to SAMA Analysis ML15182A4512015-07-0101 July 2015 Notification Re SAMA Evaluation of 2015 Seismic Hazard Results ML15169A1222015-06-18018 June 2015 June 2015 - Staff Schedule Update ML15162A9722015-06-11011 June 2015 Wachutka Notice of Appearance ML15160A2862015-06-0909 June 2015 Status Report for June 2015 ML15153A4152015-06-0202 June 2015 Notice of Appearance - Kanatas ML15141A1422015-05-21021 May 2015 Schedule Update - May 2015 - Projected Schedule for Completion of the Safety and Environmental Evaluations ML15132A6942015-05-12012 May 2015 Seismic Study Update Letter for May 2015 ML15106A7482015-04-16016 April 2015 Projected Schedule for Completion of the Safety and Environmental Evaluations ML15104A7592015-04-14014 April 2015 Monthly Seismic Study Update Letter ML15078A4772015-03-19019 March 2015 March 2015 Status Letter Projected Schedule for Completion of the Safety and Environmental Evaluations ML15071A4382015-03-12012 March 2015 Letter from the Secretary Responding to Letter Dated February 19 2015 from Friends of the Earth on Petition to Intervene and Request for Hearing ML15069A5742015-03-10010 March 2015 March 2015 Seismic Study Update Letter ML15054A2482015-02-19019 February 2015 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 ML15050A6562015-02-19019 February 2015 Projected Schedule for Completion of the Safety and Environmental Evaluations ML15041A2452015-02-10010 February 2015 Monthly Status Report for February 2015 ML15021A5292015-01-21021 January 2015 Correspondence to Parties Concerning USGS Circular 672 ML15015A6582015-01-15015 January 2015 Jan 2015 Board Schedule Update - Projected Schedule for Completion of the Safety and Environmental Evaluations ML14352A0932014-12-18018 December 2014 December 2014 Board Schedule Update ML14343A9872014-12-0909 December 2014 December 2014 Seismic Study Update Letter ML14324A9012014-11-20020 November 2014 Projected Schedule for Completion of the Safety and Environmental Evaluations ML14321A8902014-11-17017 November 2014 Notice of Firm Name Change ML14321A8842014-11-17017 November 2014 Notice of Firm Name Change ML14321A0712014-11-17017 November 2014 NRC Staff November 2014 Hearing File Update Letter in the Matter of Diablo Canyon, Units 1 and 2, License Renewal ML14317A7882014-10-28028 October 2014 Friends of Earth Petition for Review ML14295A7692014-10-22022 October 2014 Erratum to October 2014 Seismic Study Update Letter ML14262A3272014-09-19019 September 2014 Notices of Appearance ML14261A1252014-09-18018 September 2014 NRC Staff September 2014 Schedule Update 2023-09-25
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1 February 19 , 201 5 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 an d 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 w as 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 t he 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.
2 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