ML20235Y692

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Summarizes Aslab 840906 Decision Affirming Board 820831 Initial Decision Authorizing Full Power License for Unit 1. Board 840910 Order Requests Parties Views for Further Action on Unit 2 & 840906 Order Denies Reopening Seismic Issues
ML20235Y692
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 09/13/1984
From: Jenny Murray
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Harold Denton, Deyoung R
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE), Office of Nuclear Reactor Regulation
Shared Package
ML20235X756 List:
References
FOIA-84-743, FOIA-84-744, FOIA-84-776 ALAB-776, ALAB-781, ALAB-782, NUDOCS 8710200450
Download: ML20235Y692 (2)
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September 13, 1984 *

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FILE Office of Inspection and Enforcement From: James P. Murray Acting Executive Legal Director-l' e l SUEJECT: DIABLO CANYON - APPEAL BOARD DECISION AFFIRMING LICENSING BOARD'S INITIAL DECISION AUTHORIZING' ISSUANCE OF FULL POWER OPERATING LICENSES; ORDER RECARDING FURTHER ACTIONS:IN C0!lNECTION WITH UNIT 2; AND fiEMORANDUM AND ORDER DENYING MOTION TO RE0PEtt ON SEISMIC ISSUES

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On September 6,1984, the Atomic Safety' and' Licensing Appeal Board issued a Decision, ALAB-781, copy attached, deciding the appeals taken by the Governor and Joint Intersenors and affirming the Licensing Board's Initial Decision of August 31,1982, LBP-82-70,16 NRC 756, insofar as it authorizes the issuance 1 of a full power operating license for Diablo Canyon Unit 1._1f Pending-a further decision by the Appeal Board regarding the adequacy of PG&E's design verification efforts for Unit 2, the effectiveness of the Initial Decision has been stayed with respect to issuance of a full power license for that:

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In ALAB 781, the Appeal Board: (1) concluded that, by virtue of the Cormission's decision of August 10, 1984, CLI-84-12, determining that the effects of earth-quakes on emergency planning need not be considered in the Diablo Canyon proceeding, the matter was no longer before it; (2) again rejected the argument that'"special circumstances" exist with respect to Diablo Canyon so as to warrant consideration of Class 9 accidents in the Diablo Canyon Environmental 1

i 1/ In ALAB-776, June 29, 1984, the Appeal Board decided the appeals 4 taken by the Staff and PG&E, vacating the Licensing Board's condition j

that formal FEliA findings on the adequacy of the State emergency plan ]

were required prior to issuance of a full power operating license, j

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,2) By Order issued on September 10, 1984, the Appeal Board requested the i views of the parties, by October 1, 1984, on what further actions may be necessary in order for it to decide any outstanding issues on Unit 2. A copy of this Order is also attached.

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Statement; (3) with respect to emergency planning issues, restated its con-clusion that " final" findings from FEMA are not required and that the Licensing Board correctly found offsite planning to be adequate based on FEMA's " interim" findings; (4) determined that the Licensing Board was correct in refusing to require that the significantly larger state EPZ's be used in l

developing emergency plans as opposed to those required by the Commission's

} regulations; (5) confirmed that predictive findings are adequate to establish compliance with the NRC's emergency planning regulations, and concluded that the Licensing Board did not err by authorizing issuance of a license in the face of certain deficiencies in emergency planning; (6) concluded that the Licensing Board adequately considered the conflicting views of the parties on the need for sociological and psychological profiles of the affected populations to assure an effective response in the event of a radiological emergency; and (7) rejected Joint Interveners' argument that information revealed subsequent to the hearing regarding the design of the PORV's at Diablo Canyon undermined the Licensing Board's findings.

Also on September 6, 1984, the Appeal Board issued a Memorandum and Order, ALAB-782, copy attached, dismissing the Joint Interveners' recent motion to

. reopen the record on seismic issues. The majority opinion concludes that the Appeal Board does not have the jurisdiction to consider the motion, the agency's action on these issues having long since become final and nc related issues still pending; in view of the lack of jurisdiction, the Appeal Board does not

, address the merits of the motion in ALAB-782. The separate opinion of the Appeal Board Chairman hes not yet been issued.

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["ude'sP.Murray Acting Executive Legal Director

Enclosures:

ALAB-781 Order of September 10, 1984 ALAB-782 cc w/ enclosure:

William J. Dircks John B. Martin

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