ML20210E811

Notifies That Encl Memorandum & Order,CLI-85-14,issued on 850801,authorizing Issuance of Full Power Ol.Deferral of Licensing Based on Allegations Found Unwarranted.W/O Encl

ML20210E811
Person / Time
Site:	Diablo Canyon
Issue date:	08/06/1985
From:	Cunningham G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML17083B484	List: ML20209C687 ML20209C692 ML20209C725 ML20209C729 ML20209C734 ML20209C742 ML20209C774 ML20209C779 ML20209C786 ML20209C810 ML20209C853 ML20209C869 ML20209D170 ML20209D204 ML20209D416 ML20209D421 ML20209D450 ML20209D560 ML20209D649 ML20209D703 ML20209D864 ML20209D903 ML20209E021 ML20209E030 ML20209E037 ML20209E052 ML20209E145 ML20209E211 ML20209E268 ML20209E506 ML20209F952 ML20209G177 ML20210E664 ML20210E745 ML20210E799 ML20210E811 ML20210E916
References
FOIA-86-197 ALAB-782, ALAB-811, CLI-85-14, NUDOCS 8609250097
Download: ML20210E811 (1)

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AUG 6 1985 7

Note to: Harold R. Denton, Director Office of Nuclear Reactor Regulation From: Guy H. Cunningham, III Executive Legal Director

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SUBJECT:

DIABLO CANYON UNIT 2 - COMMISSION DECISION AUTHORIZING ISSUANCE OF FULL POWER LICENSE On August 1, 1985, the Commission issued a Memorandum and Order, CLI-85-14, copy attached, authorizing the Director, Office of Nuclear Reactor Regulation to issue a full power operating license for Diablo Canyon Unit 2. In addition, the Commission denied Joint Intervenors' Petition for Review of ALAB-811, the Appeal Board's recent decision favorably resolving Unit 2 design verification issues, and their Application for a Stay. As a separate matter, the Commission declined to take review of ALAB-782, the Appeal Board's dismissal of Joint Intervenors' motion to reopen the record on seismic issues.

In CLI-85-14, the Commission also found no reason to defer licensing based on allegations, stating that the staff's review and screening had found that there would be no significant effect on public health and safety. The Commission also noted the staff's satisfactory resolution of design verification issues in SSER 29, the results of its review cf piping and support issues in SSER 30, and the staff's review and satisfactory resolution of a number of items that were pertinent to the low power licensing decision for Unit 2 in SSER 31. Finally, the Commission commented on the very favorable operating experience of Unit 2 under its current low power license.

Commission Asselstine dissented frcm the Order. The bases for his dissent are his continuing concerns regarding cerisideratien of the effects of earthquakes in emergency planning and his view that further investigation / evaluation of issues raised by Isa Yin should have been performed.

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Guy H. Cunningham, III Executive Legal Director i

Enclosure:

As stated cc w/ enclosure:

W. J. Dircks J. Martin, Reg. V J. Taylor l 8609250097 860905 PDR FOIA '

l HOLMES86-197 PDR