ML20236N193

Responds to Recepient 740109 Ltr to Ray.May & Dec 1972 Hearings Limited to Environ Review.Petitions to Intervene Re Geological & Seismological Bases Filed & Pending Before Aslb.Safety Evaluation to Be Issued in Jul 1974

ML20236N193
Person / Time
Site:	Diablo Canyon
Issue date:	01/29/1974
From:	Shapar H US ATOMIC ENERGY COMMISSION (AEC)
To:	Mendes S AFFILIATION NOT ASSIGNED
Shared Package
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References
FOIA-87-214 NUDOCS 8708110402
Download: ML20236N193 (2)

Text

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l Docket Nos. 50-275

1. MIO 323 Mr. Stanley 11. Mendes Structural Engineer 12261/2 State Street Suite One Santa Barbara, California 93101 s

Dear Mr. Mendes:

Your letter of January 9,1974, to Dr. Ray has been forwarded to me for j reply. I have reviewed the situations nferenced in your letter and ]

trust that the following will satisfactorily explain the basis for the  ;

exclusion of your testimony in the Diablo Canyon, Units 1 and 2 pro- j ceeding.

In April 1968, and December 1970, construction permits were issued to Pacific Gas and Electric Company authorizing the construction of Diablo Canyon, Units 1 and 2 respectively. In each instance, issu-ance of the construction pemit was preceded by a public hearing where -

in the issue of the seismic design, including the relevant geological and seismological data upon which such design was predicated, was con-sidered. Further, in each ease it was specifically detemined that the seismic design for the facility was adequate.

In Deccaber 1971, the Comaission published a.Hotice with respect to l the continuation of construction activities for Diablo Canyon, Units 1 and 2, which provided that hearings be conducted in regard to Diablo Canyon Units 1 and 2, to detemine whether construction activities should be suspended pending completion of the Commission's review of-environmental impacts associated with the activities at the particular j facility. Accordingly, public hearings were held in May 1972, as you l indicate, to pemit the aforementioned determinations to be made.  ;

l In view of the Comission's applicable regulations and the fact that i

the construction activities had been subject to comprehensive deter-  !

l minations with respect to all radiological health and' safety matters, including seismic design, and a Cor:inission Memorandum and Order dated April 21, 1972, which Order precluded the presiding Atomic Safety and-Licensing Board from properly considering your testimony, the May 1972-  !

hearings were restricted to environmental considerations. .

In December 1972, the Comission noticed a hearing regarding Unit 2 to detemine, whether, on the basis of the full environmental review, the ,

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I construction permit for Diablo Canyon, Unit 2, should be continued or should be modified or teminated. Once again, this hearing was re-stricted, by virtue of the aforementioned Comission regulations, to consideration of environmental matters and, therefore, the Board could not appropriately provida you the opportunity to testify with respect to the seismic design of the facilities.

As you are, no doubt, aware, the Commission has recently published a l i Notice providing an opportunity for a hearing with respect to the is-suance of operating licenses for the facilities. In response to this Notice, Scenic Shoreline Preservation Conference, Inc. has again sub-i mitted a petition for leave to intervene requesting a hearing and, raising, among other issues, the geological and seismological bases for the design of the Diablo Canyon, Units 1 and 2. In addition,:two other petitions for leave to intervene have been filed, both of which >

similarly raise the seismic design issue. In connection with these petitions the AEC regulatory staff has taken the position in formal responses to these petitions that the petitions should be granted and  !

a hearing held. This matter is now before an Atomic Safety and Licens-ing Board designated to rule on these petitions. If the petitions are granted and a public hearing held, the seismic design issue will most likely be an issue for consideration by the presiding Atomic Safety and Licensing Board.

Regardless of the disposition of those petitions, the regulatory staff is currently reviewing all matters relating to the facilities, includ- i ing the seismic design question. The staff's conclusions will be pub-lished in its Safety Evaluation for the facilities, at this time ex-pected to be issued in July 1974, And in this respect, the infomation provided in your Position Paper will receive appropriate consideration j by the staff. We would be pleased to send you a co Evaluation upon its issuance for your infomation. py of the Safety Sincerely. -

DISTRIBUTION:/  !

OGC Files, Beth/Gtwn Original $.tonerl by Thomas F. Engelhardt

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