ML20011A788

Suppl to 810701 Petition for Review of Aslab 810616 decision,ALAB-644.Commission Should Take Notice of Recent Disclosures of Plant Multiple Seismic Design Errors.Errors in Siting Should Be Reviewed.W/Certificate Encl

ML20011A788
Person / Time
Site:	Diablo Canyon
Issue date:	10/30/1981
From:	Brown H CALIFORNIA, STATE OF, HILL, CHRISTOPHER & PHILLIPS
To:	NRC COMMISSION (OCM)
References
ALAB-644, ISSUANCES-OL, NUDOCS 8111030198
Download: ML20011A788 (14)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OgMTED BEFORE THE COMMISSION

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El' DCT 30 P253

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In the Matter of DFFICE 07 3ECRETis (

) 00CHETitiu & SERvicv

, BRANC,1

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PACIFIC GAS AND ELECTRIC COMPANY ) Docket Nos. 50-27 (Diablo Canyon Nuclear Power Plant, ) 50- M.L [7d[K Units 1 and 2) )

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9 I NOVO 2 ggg; .s SUPPLEMENT TO PETITION FOR REVIEW OF ALAB-644 g, 3y, N8881080 .

On July 1, 1981, Governor Brown, as the .epresentat h of California, petitioned the Commission, pursuant to 10 C.F.R S 2.786, to review ALAB-644, the Appeal Board's June 16, 1981~ -

decision which found the Diablo Canyon Nuclear Power Plant in compliance with the NRC's seismic criteria set forth in 10 C.F.R. Part 100, Appendix A. The Commission has not ruled on the Governor's petition, having extended the time for such ruling until November 3, 1981.

The Governor hereby supplements his Petition for Review in order to ensure that the Commission will take notice of the re-cent disclosures of multiple seismic design errors at Diablo Canyon. These serious errors, which have been revealed through a series of PG&E and NRC statements that commenced on September 27, provide even further compelling reason for the Commission to con-duct a comprehensive personal review of ALAB-644. To date, the known errors of PG&E are the following:

1. The use of incorrect diagrams to locate vertical QSN seismic response spectra in the containment annulus h'

I i l-area. -

8111030198 811030 PDR ADOCK 05000275 C PDR e-

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2.

2. The use of superseded, and thus incorrect, vertical seismic response spectra for certain seismic analyses in the containment annulus area.

3. The use of incorrect weights in the containment when computing the likely seismic stresses to be experienced at various elevations.

The foregoing errors are further evidence of the failure of the Diablo Canyon plant to comply with Part 100, Appendix A. In-deed, given these errors, critical systems, structures, and com-ponents could not withstand the accelerations expected from the M 7.5 design basis earthquake on the nearby Hosgri Fault. PG&E itself stated at the time that it disclosed what later proved to be only the first of a proliferating number of errors, that:

"The potential effect of this errtr is that some seismic designs may not be in compliance with Hosgri seismic design criteria."

See Licensee Event Rpt. 81-002/0lT-0.

The recent disclosures of multiple seismic design errors completely undermine a fundamental basis used by the ACRS, PG&E and the Staff to support Diablo Canyon's licensing. PG&E, sup-ported by the Staff, used seismic techniques and criteria which were less conservative than those used for other plants.b!

Despite this unprecedented departure from the norm, the public was told in the most certain terms that the lack of conservatism in Diablo Canyon design bases and criteria has been compensated for by PG&E's and the Staff's extraordinarily thcrough analyses and attention to detail. For instance, in 1978 the ACRS stated:

b! ACRS letter to Joseph Hendrie, July 14, 1978.

)

3.

1 (bjecause of the extent and depth of the Staff's r-'~4 of the Applicant's seismic reevaluation, the likelihood of an undetected error Ea the seismic analyses or design is greatly reduced.2/

(Emphasis added.)

Similarly, the Licensing Board specifically relied upon the Staff's representation of the purported thoroughness of the Staff's review.

The Staff review of the seismic design of the DCNGS has been the most extensive we have ever undertaken. This review has extended from the basic input criteria employed through the details of myriad analyses to the implementation in final design.2/ (Emphasis added.)

And, earlier this year PG&E's General Counsel, Malcolm Furbush, i

testified before the U.S. Congress:

(

The fault is something which has been heavily 1 analyzed. The nuclear power plant at Diablo is the most thoroughly studied nuclear power plant in the United States in the history of regulation, and hence, obviously, in the history of the world --

in the history of the world.

No other plant has had as careful study by outsiders.

as well as those who are in the Nuclear Regulatory Commission.2/ (Emphasis added.)-

These words have been dramatically rendered hollow by the multiple seismic design errors revealed since September 27.

2/ ACRS letter to Joseph Hendrie, July 14, 1978.

$/ Sept. 27, 1979 Partial Initial Decision, p. 91 (quoting Staff witness Knight).

d! Oversight Hearing on Nuclear Regulatory Commission Operating Licensing Process, Subcomm. on Energy.and the Envir. of H.

Comm. on Interior and Insular Affairs, 97th Cong., 1st Sess.

35-36 (April 9, 1981).

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4.

For the foregoing. reasons, as well as those set forth in the Governor's July 1 Petition for Review, the Commission should grant review of ALAB-644. The compound errors of PG&E in first mis-takenly siting the Diablo Canyon plant within three miles of the Hosgri fault and then mistakenly analyzing the seismic consequences.

of its earlier error and, indeed , even constructing incorrect remedial hardware in incorrect places surely must cross the thres-hold of whatever standard the Commission uses for determining whether to review an ALAB decision. If these unique facts and the significant legal and policy issues that they engender (including the genuine possibility of the NRC denying PG&E's-request for an operating license) do not justify the Commissioners ' review, it is respectfully submitted that S 2.786 is but a mere collection of words, empty of meaning and devoid of purpose.

Respectfully submitted, Byron S. Georgiou Legal Affairs Secretary Governor's Office State Capitol Sacramento, California 95814 p/ .

/Uw' * *

, .. n.-....

'Heroert H. Brown Lawrence Coe Lanpher HILL, CHRISTOPHER AND PHILLIPS, P.C.

1900 M Street, N. W.

Washington, D. C. 20036 Attorneys for Governor Brown of the State of California October 30, 1981 Me+- r e' M_e aq._m.__ qi

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION

)

In the Matter of )

)

PACIFIC GAS AND ELECTRIC COMPANY ) Docket Nos. 50-275 0.L.

) 50-323 0.L.

(Diablo Canyon Nuclear Power Plant, )

Units 1 and 2) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of the " SUPPLEMENT TO PETITION FOR REVIEW OF ALAB-644" in the above.-captioned proceeding hava -

been served to the following on Octcber 30, 1981 by U.S. mail, first class, except as otherwise noted.

Nunzio J. Palladino, Chairman /

Commissioner Victor Gilinsky 77 Commissioner Peter A. Bradford-Commissioner John F. Ahearng*/

Commissioner Thomas Roberts-U. S. Nuclear, Regulatory Commission Washington, D.C. 20555 Mr. Thomas Moore, Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. W. Reed Johnson Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. John H. Buck Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulacory Commission Washington, D. C. 20555 Chairman Atomic Safety and Licensing Appeal Panel U. S. Nuclear Regulatory Commission -

Washington, D. C. 20555

Leonard Bihkwit, E2q. , Genarol Counrol /

Office of General Counsel U. S. Nuclear Regulatory Commission Washington, D.C. 20555 John F. Wolf, Esq., Chairman Atomic Safety and Licensing Board, U. S. Nuclear Regulatory Commi3sion Washington, D. C. 20555 Mr. Glenn O Bright Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr Jerry R. Kline Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 William J. Olmstead, Esq.

Edward G. Ketchen, Esq.

Lucinda Low Swartz, Esq. .

Of fice of Executive Legal Director BETH 042 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Secre tary U. S. Nuclear Regulatory Commission Washington, D. C. 20555 ATTENTION: Docketing and Service Section Mrs. Elizabeth Apfelberg 1415 Cozadero San Luis Obispo, CA 93401 Janice E. Kerr, Esq.

Public Utilities Commission 5246 State Building 350 McAllister Street San Francisco, CA 94102 Mrs. Raye Fleming 1920 Mattie Road Shell , Beach, CA 93449 Mr. Frederick Eissler Scenic Shoreline Preservation Conference, Inc.

4623 More Mesa Drive Santa Barbara, CA 93105 .

i

Mr. Gordon " Silver Mrs. Sandra S. Silver 1760 Alisal Street San Luis ?bispo, CA 93401 Joel R. Reynolds, Esq.

John Phillips, Esq.

Center for Law in the Public Interest 10951 West Pico Boulevard - Third Floor Los Angeles, CA 90064 i

Bruce Norton, Esq.

Norton, Burke, Berry & Junck 3216 North Third Street - Suite 300 Phoenix, Arizona 85012 Philip A. Crane, Jr., Esq.

Richard F. Locke, Esq.

F. Ronald Laupheimer, Esq.

Pacific Gas and Electric Company 1050 17th Street, N. W.

Suite 1180 Washington, D. C. 20036 ..

David S. Fleischaker, Esq.

P. 3. Box 1178 Oklahoma City, Oklahoma 73101 Arthur C. Gehr, Esq.

Snell & Wilmer 3100 Valley Bank Center Phoenix, Arizona 85073 Mr. Richard B. Hubbard MHB Technical Associates 1723 Hamilton Avenue - Suite K San Jose, CA 95125 Mr. Carl Neiberger Telegram Tribune P. O. Box 112 San Luis Obispo, CA 93402 Byron S. Georgiou, Esq.

Legal Affairs Secretary Governor's Office State Capitol Sacramento, CA 95814 Herbert H. Brown HILL, CHRISTOPHER AND PHILLIPS, P. C..

1900 M Street, N. W.

Washington, D. C. 20036

. October 30, 1981

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00tMETE0 USNRC BEFORE THE COMMISSION 11 0 T 30 P252-

) OfflCE OF SECRETMY In the Matter of ) 00CKETl!!G & SERVILt-BRANCH

)

PACIFIC GAS AND ELECTRIC COMPANY ) Docket Nos. 50-275 0.L.

(Diablo Canyon Nuclear Power Plant, ) 50-323 0.L.

Units 1 and 2) ~

)

)

S_U,PPLEMENT U TO PETITION FOR REVIEW CF ALAB-644 On July 1, 1981, Governor Brown, as the representative of California, petitioned the Commission, pursuant to 10 C.F.R.

S 2.786, to review ALAB-644, the Appeal Board's June 16, 1981 -

decision whien found the Diablo Canyon Nuclear Power Plant in compliance with the NRC's seismic criteria set forth in 10 C.F.R. Part 100, Appendix A. The Commission has not ruled on the Governor's petition, having extended the time for such ruling until November 3, 1981.

The Governor hereby supplements his Petition for Review in order to ensure that the Commission will take notice of the re-cent disclosures of multiple seismic design errors at Diablo Canyon. These serious errors, which have been revealed through a series of PG&E and NRC statements that commenced on September 27, provide even further compelling reason for the Commission to con-duct a comprehensive personal review of ALAB-644. To date, the known errors of PG&E are the following:

1. The use of incorrect diagrams to locate vertical seismic response spectra in the containment annulus area. -

2.

2. The use of superseded, and thus incorrect, vertical seismic response spectra for certain seismic analyses in the containment annulus area.

3. The use of incorrect weights in the containment when computing the likely seismic stresses to be experienced at various elevations.

The foregoing errors are further evidence of the failure of-the Diablo Canyon plant to comply with Part 100, Appendix A. In-deed, given these errors, critical systems, structures, and com-ponents could not withstand the accelerations expected from the

~

M 7.5 design basis earthquake on-the nearby Hosgri Fault. PG&E itself stated at the time that it disclosed what later proved to be only the first of a proliferating number _of errors, that:

"The potential effect of this error is that some seismic designs may not be in compliance with Hosgri seismic design criteria."

See Licensee Event Rpt. 81-002/0lT-0.

The recent disclosures of multiple seismic design errors completely undermine a fundamental basis used by the ACRS, PG&E and the Staff to support Diablo Canyon's licensing. PG&E, sup-ported by the Staff, used seismic techniques and criteria which were less conservative than those used for other plants.1/

Despite this unprecedented departure from the .ncnnn, the public ' was told in the most certain terms that1the lack of conservatism in Diablo Canyon design bases-and criteria has been compensated for b; PG&E's and the Staff's extraordinarily thorough analyses and attention to detail. For instance, in 1978 the ACRS stated:

4 b!' ACRS letter to 'eseph Hendrie, July 14, 1978.

3.

[B]ecause of the extent and depth of the Staff'_s review of the Applicant's. seismic reevaluation,

~ the likelihood of an undetected error in the seismic analyses or design is greatly reducad.1/

(Emphasis added.)

Similarly, the Licensing Board specifically relied upon the Staff's representation of the purported thoroughness of the Staff's review.

The Staff review of the seismic design of the DCNGS has been the most extensive we have ever undertaken. This review has extended from the basic input criteria employed through the details of myriad analyses to the implementation in final design.2/ (Emphasis added.)

And, earlier this year PG&E's General Counsel, Malcolm Furbush, testified before the U.S. Congress:

The fault is something which has been heavily 1 analyzed. The nuclear power plant at Diablo is the most thoroughly studied nuclear power plant in the United States in the history of regulation, and hence, obviously, in the history of the world --

in the history of the world.

No other plant has had as careful study by outsiders as well as those who are in the Nuclear Regulatory Commission.2/ (Emphasis dded.)

These words have been dramatically rendered hollow by the multiple l seismic design errors revealed since oeptember 27.

l i

S! ACRS letter to Joseph Hendrie, July 14, 1978.

SI Sept. 27, 1979 Partial Initial Decision, p. 91 (quoting Staff witness Knight).

-4/ Oversight Hearing on Nuclear Regulatory Commission Operating

! Licensing Process, Subcomm. on Energy and the Envir, of H.

Comm. on Interior ..d Insular Affairs, 97th Cong., 1st Sess.

35-36 (April 9, 1:81).

l

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4.

For the foregoing reasons, as well as those set fOrth in the Governor's July 1 Petition for Review, the Commission should grant review of ALAB-644. The compound errors of PG&E in first mis-takenly siting the Diablo Canyon plant within three miles of the Hosgri fault and then mistakenly analyzing the seismic consequences of its earlier error and, indeed, even constructing. incorrect remedial hardware in incorrect places surely must cross the thres-

hold of whatever standard the Commission uses for determining l whether to review an ALAB decision. If these unique facts and the j significant legal and policy issues that they engender (including the genuine possibility of the NRC denying PG&E's request for an

{

operating license) do not justify the Commissioners' review, it is 4

respectfully submitted that 5 2.786 is but a mere collection of l words, empty of meaning and devoid of purpose.

Respectfully submitted, i Byron S. Georgiou

! Legal Affairs Secretary Governor's Office State Capitol Sacramento, California J5814

,/ - ,: ,_ s' , -

}, , v p ? ' ~~- '

' Herbert H. Brown Lawrence Coe Lanpher HILL, C!1RISTOPHER AND PHILLIPS, P. C.

1900 M-Street, N. W.

Washington, D. C. 20036 l Attorneys for Governor Brown of the State of California l

l October 30, 1981 l

~

\

l I.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION

)

In the Matter of )

)

PACIFIC GAS AND ELECTRIC COMPANY ) Docket Nos. 50-275 O.L.

) 50-323 0.L.

(Diablo Canyon Nuclear Power Plant., )

Units 1 and 2) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of the " SUPPLEMENT TO PETITION FOR REVIEW OF ALAB-644" in the above-captioned proceeding have -

been served to the following on October 30, 1981 by U.S. mail, first class, except as otherwise noted.

Nunzio J. Palladino, Chairmanr/ y Commissioner Victor Gilinsky ,

Commissioner Peter A. Bradford 7 Commissioner John F. Ahearng*/

Commissioner Thomas Roberts _I U. S. Nuclear. Regulatory Commission Washington, D.C. 20555 Mr. Thomas Moore, Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. W. Reed Johnson Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. John H. Buck Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Chairman Atomic Safety and Licensing Appeal Panel U. S. Nuclear Regulatory Commission -

Washington, D. C. 20555

Loo'tcrd Bickwit, Esq. , General Councol /

Of f.8 ce of General Counsel U. S. Nuclear Regulatory Commission Washington, D.C. 20555 John F. Wolf, Esq., Chairman Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. Glenn O. Brigh t Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 ,

Dr. Jerry R. Kline Atomic Safety and Licensing Board Panel U. S . Nuclear Regulatory Commission Washington, D. C. 20555 William J. Olmstead, Esq.

Edward G. Ketchen, Esq.

Lucinda Low Swartz, Esq. ,

Office of Executive Legal Director BETH 042 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Secre tary U. S. Nuclear Regulatory Commisaion Washington, D. C. 20555 ATTENTION: Docketing and Service Section Mrs. Elizabeth Apfelberg 1415 Cozadero San Luis Obispo, CA 93401 Janice E. Kerr, Esq.

Public Utilities Commission 5246 State Building ,

350 McAllister Street San Francisco, CA 94102 1 Mrs. Raye Fleming 1920 Mattie Road Shell , Beach, CA 93449 Mr. Frederick Eissler Scenic Shereline Preservation Conference, Inc.

4623 Aore .Jsa Drive Santa Barbara, CA 93105

N . .*

Mr. Gordon Silvar Mrs. Sandra-S. Silver 1760 Alisal Street San Luis Obispo, CA 93401 Joel R. Reynolds, Esq.

John Phillips, Esq.

Center for Law in the Public Interest 10951 West Pico Boulevard - Third Floor Los Angeles, CA 90064 Bruce Norton, Esq.

Norton, Burke, Berry & Junck 3216 North Third Street - Suice 300 Phoenix, Arizona 85012 Philip A. Crane, Jr., Esq.

Richard F. Locke, Esq.

F. Ronald Laupheimer, Esq.

Pacific Gas and Electric Company 1050 '17th Street, N. W.

Suite 1180 Washington, D. C. 20036 .

David S. Fleischaker, Esq.

P. O. Box 1178 Oklahoma City, Oklahoma 73101 Arthur C. Gehr, Esq.

Snell & Wilmer 3100 Valley Bank Center Phoenix, Arizona 85073 Mr. Richard B. Hubbard MHB Technical Associates g 1723 Hamilton Avenue - Suite K San Jose, CA 95125 Mr. Carl Neiberger Telegram Tribune P. O. Box 112 San Luis Obispo, CA 93402 Byron S. Georgiou, Esq.

Legal Affairs Secretary Governor's Office State Capitol Sacramento, CA 95814 Herbert H. Brown ~

HILL, CHRISTOPHER AND PHILLIPS, P. C. -

1900 M Street, N. W.

Washington, D. C. 20036 i October 30, 1981

__ )