ML16340B549

Responds to Urging Startup of Facilities.Nrc Actions Will Provide Major Improvements in Licensing Schedules W/O Compromising Regulatory Requirements for Safety

ML16340B549
Person / Time
Site:	Diablo Canyon
Issue date:	03/31/1981
From:	Harold Denton Office of Nuclear Reactor Regulation
To:	Curb M CALIFORNIA, STATE OF
References
NUDOCS 8104020160
Download: ML16340B549 (22)

Text

DISTRIBUTION:

~Docket:Fi.l e 50-'275/~3

. LPDR PDR V.

NSIC

'ERA LB¹3 File EDO Reading

, HRDenton EGCase DGEisenhut RPurple

Attorney, OELD OCA -(3) 4 GErtter

( 10276)

SCavenaugh

( 10276)

EHughes A/D Secretary FJHiraglia KJabbour

'Paul Cotter (ASLB)

IE (3)

SECY (3) (¹81-0359)

WJDircks.

KCo~ nell TRehm Shapar LUnderwood PPAS SHanauer DRoss TNurley BSnyder RVollmer HThompson NLicitra 23M Si04020 IGO

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The iionorable !iil)e Curb Lieutenant Gover(or of California Sacramento,,

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tion last year with the Atomic Safety and Licensing Board (ASLB) for authorization to load fuel and conduct low power testing prior to final Commission action with respect to PGKE's application for a full-power operating license. The NRC staff subsequently issued a supplement to the Diablo Canyon Safety Evaluation Report which addressed additional issues related to ne<<Co"miission requirements arising from the Three tiile Island (THI) accident. "Intervenors.and Governor Brown have sought to reopen the record nn Diablo Canyon with respect to these matters. The ASLB has admitted soi;e issues as a result of Intervenors'rguments and has scheduled hearings on 'Bll-related is:ues to commence on tiay 19, 1981. Assuming that existing Commission proced,lres remain unchanged, a licensing decision is not expected until i ebruary of:1982. Currently, all parties to the proceeding are "eeking Cow'~issio5 review of the ASLB decision to conduct further hearings on Tt11-related is; ues. i:arly in 1980, thip Atomic Safety and Licensing Appeal board (ASLAB) reopened the record op earthquake design and facility security issues. The Appeal Board conducted evidentiary hearings on these matters in October and November 1980 ard is expected to issue a decision on those issues within the next month. ilith regard to the full power license, the HRC will issue a supplement to the Diablo Canyo 3 Safety Evaluation Report on TtiI issues related to full power and several remaining other issues. This supplement is scheduled to be completed this month. This will complete the HRC staff actions with respect to full power license. Intervention is also anticipated for the full power operation, consequently a Commission decision on full power operation is not expected before tiarch of next year. orIciy JRNAME/ unxc P SEL'REVIOUS CONCURRENCES". D L))3,. ..gl.ih... 3/i /81 ..tjJ.:..'M ..RLTedesco ~". 3/ +81 ~..0 JR..;,. nhut 3+$ 81 ...HRR;.OA:....... ECase 3/ /81 ....HRR;.OM.... , HDenton 3/ /81 ~a ~i'y 2 With respect to c!.'nges fn exi'sting Commission fn the licensing p ncess are underway ar heing include; t pr'ocedures major improvements ~ ~ ~ onsfdered. These improvements t Expedfted and rescheduled review by the HRC~staff for plants fn the short tern catjaory those presently complete and those to he completed ,fn 1981 and lg 2. AI> Increased eff&iency of the hearing process.and subsequent Commission and appeals Board review. The tine now being taken between issuance of the supplemental staff eval<tatfon report,and initial decisions.by licensing boards averages 18 months, The NRC believes it.can compress that time to about 10 months.by tightening up the times allowed for each part of the prehearing proress and-hy providing firmer tive management of the whole process. The Commission is'publishing for public comment proposed changes to its rules ><hich would accomplish this. Changes fn the review process the Co~mission itself exercises over 'these cases. The Corzai ssion is considering tw'o alternatives to shorten this,revfew period which could save't least two months fn each case that has been in hearing. Farly comnletic~i of HPC staff 'review for plants to be completed in 1983 and heyonh. This i;-ill require bette~ scheduling of reviews and increased 'taff resnurces applied to casework. Some staff resources can be redfrected hy deferring lower priority work and shif+fnlI'ome work to-other NRC offices. Before making such'

chanae, the Commission will 'carefully revfew the impact

- on other essential safety-related activities. I'n sugary, we are, confident the actfnns we have taken and those we will take will provi.le L,a.for improvements in licensing schedules without compromising the regulatory requirements for safety. 'te appreciate your interest in the Diablo'anyon project and understand your frustration at the delays in the licensing. Please he assured that the HRC is taking every'easonable action to expehfte the licensing process, consistent with our commitment. to ensure the puhlic health and safety. Sincerely, Original~ hg ll.k Bxhq Harold R. Oenton, Director Office of Huclear Reactor Regulation' d'~ Jg~' The Honorable Mike Curb Lieutenant Governor of California Sacramento, California 95814

Dear Mr. Curb:

~+~ io Your March ll, 1981 letter to Chairman Hendrie regarding the expedition of the licensing of Diablo Canyon, Units 1

and 2 has been referred to me for response.

The licensing of Diablo Canyon will be conducted in two stages; the issuance of a fuel load and low power (not to exceed five percent of full power) test license and the issuance of a full power license.

Pacific Gas and Electric Company filed a motion last year with the Atomic Safety and Licensing Board, (ASLB) for authorization to load fuel and conduct low power testing prior to final Commission action with respect to PG&E's application for a full-power operating license.

The NRC staff subsequently issued a supplement to the Diablo Canyon Safety Evaluation Report which addressed additional issues related to new Commission requirements arising from the Three Mile Island (TMI) accident.

Intervenors and Governor Brown have sought to reopen the record on Diablo Canyon with respect to these matters.

The ASLB has admitted some issues as a result of Intervenors'rguments and has scheduled hearings on TMI-related issues to commence on May 19, 1981.

Assuming that existing Commission procedures remain unchanged, a licensing decision is not expected unti 1 February of 1982.

Currently, all parties to the proceeding are seeking Commission review of the ASLB decision to conduct further hearings on TMI-related issues.

Early in 1980, the Atomic Safety and Licensing Appeal Board (ASLAB) reopened the record on earthquake design and'facility security issues.

The Appeal Board conducted evidentiary hearings on these matters in October and November 1980 and is expected to issue a decision on those'issues within the next month.

1fith regard to the full power license, the HRC will issue a supplement to the Diablo Canyon Safety Evaluation Report on TMI issues related to full power and several remaining-other issues.

This supplement is scheduled to be completed this month.

This will complete the NRC staff actions with respect to full power license.

Intervention is also anticipated for the full power operation, consequently a Commission decision on full power operation is not expected before March of next year.

SEE PREVIOUS CONCURRENCES.

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With respect to changes in existing Commission procedures major improvements in the licensing process are underway or being considered.

These improvements include:

Expedited and rescheduled review by the NRC staff for plants in the short term category those presently complete and those to be completed in 1981 and 1982.

Increased efficiency of the hearing process and subsequent Comni ssion and Appeals Board review.

The time now being taken between issuance of the supplemental staff evaluation report and initial decisions by licensing boards, averages 18 months.

The NRC believes it can compress that time to about 10 months by tightening up the times allowed for each part of the prehearing process and by providing firmer time management of the whole process.

The Commission is publishing for public comment proposed changes to its rules which would accomplish this.

Changes in the review process the Commission itself exercises over these cases.

The Commission is considering two alternatives to shorten this review period which could save at least two months in each case that has been in hearing.

Early completion of NRC staff review for plants to be completed in 1983 and beyond.

This will require better scheduling of reviews and increased staff resources applied to casework.

Some staff resources can be redirected by deferring lower priority work and shifting some work.to other NRC offices.

Before making such a change, the Commission will carefully revi.ew the impact

.oq other essential safety-related activities.

In semsary,

>re are confident the actSons we have taken and those we will take will provide major improvements in licensing schedules without compromising the regulatory requirements for safety.

We appreciate your interest in the Diablo-Canyon project and understand your frustration at the delays in the licensing.

Please be assured that the NRC is taking every reasonable action to expedite the licensing process, consistent with our commitment to ensure the public health and safety. '---.,

Sincerely, Ngtnel Ocean 5.

H.R. Dlnton Harold R. Denton, Director Office of Nuclear Reactor Regulation

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The Honorable Nike Curb Lieutennt Governor of California Sacramento, California 95814

Dear Nr. Curb:

Your Narch 11, 1981 letter to Chairman Hendrie regarding the expedition of the licensing of Diablo Canyon, Units 1

and 2 has been referred to me for response.

The licensing of Diablo Canyon will be conducted in two stages; the issuance of a fuel load and low power (not to exceed five percent of full power) test license and the issuance of a full power license.

Pacific Gas and Electric Company filed a motion last year with the Atomic Safety and Licensing Board (ASLB) for authorization to load fuel and conduct low power testing prior to final Commission action with respect to PGSE's application for a full-term operating license.

The NRC staff subsequently issued a supplement to the Diablo Canyon Safety Evaluation Report which addressed additional issues related to new Commission requirements arising from the Three Nile Island (THI) accident.

Intervenors and Governor Brown have sought to reopen the record on Diablo Canyon with respect to these matters.

The ASLB has admitted some issues as a result of Intervenors'rguments and has scheduled hearings on THI-related issues to commence on May 19, 1981.

Assuming that existing Comnission procedures remain unchanged, a decision is not expected until

'February of 1982.

Currently, all parties to the proceeding are seeking Commission review of the ASLB decision to conduct further hearings on TllI-related'ssues.

Early in 1980, tha Atomic Safety and Licensing Appeal Board (ASLAB) reopened the record on earthquake design an&tacility security issues.

The Appeal Board conducted evidentiary hearings on these--matters in October and November 1980 and is expected to issue a decision on those issues within the next month.

With regard to the full power license, the NRC will issue a supplement to the Diablo Canyon Safety Evaluation Report on TNI issues related to full power and sever al remaining other issues.

This supplement is scheduled to be completed this month.

This will complete the NRC staff actions with respect to full power license.

A Commission decision on full power operation is not expected before tlarch of next year.

OFFicED OL

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NRC FORM 318 110180) NRCM 0240 OFF I CIA L R ECOR D COPY

• USGPO: 1980-329.824

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DISTRIBUTION:

Docket File 50-275/323 LPDR PDR NSIC TERA LB¹3 File EDO Reading HRDenton EGCase DGEisenhut RPurple

Attorney, OELD OCA (3)

GErtter

((10276)

SCavenaugh

(~10276)

EHughes A/D Secretary FJMiraglia KJabbour BPaul Cotter (ASLB)

IE (3)

SECY (3) (~¹81-0359)

WJDircks KCornell TRehm Shapar LUnderwood PPAS SHanauer DRoss TMurley BSnyder RVollmer HThompson MLicitra

icR~M

" tIIike'ur b, Lt. Gov.

CA TO:

Chairman 0 TROL COMPL DEADLINE ACKNOWLEDGMENT INTERIM REPLY FINALREPLY 4 FILE LOCATION 4-1 0-81 CONTROL NO. 10276 DATE OF DOCUMENT 3-11-81 PREPARE FOR SIGNATURE OF:

Q CHAIRMAN Q EXECUTIVE DIRECTOR DESCRIPTION Xj LETTER Q MEMO Q REPORT Q OTHER SPECIAL INSTRUCTIONS OR REMARKS Urges expeditious licensing of Diablo Canyon DOCUMENT/COPY NO, NUMBER OF PAGES POSTAL REGISTRY NO.

CLASSIF IED DATA CLASSIFICATION CATEGORY Q

NSI QAD Q FRD SECY 81-0359 ASSIGNED TO:

DATE 3-8-81 INFORMATIONROUTING Shapar.

3, Ross Case 4.

Mur1ey Denton 5

$nyder 1 ~

PPA$

6 yo11 2.

1lanauer ASSIGNED TO:

DATE NO LEGAL OBJECTIONS NOTIFY:

Q EDO ADMINACDRRES OR EXT.

COMMENTS, NOTIFY:

EXT.

JCAE NOTIFICATIONRECOMMENDED:

Q YES Q

NO LEGALREVIEW Q

FINAL Q

COPY

~C F RM 232 "l,1-75)

. EXECUTIVE DIRECTOR FOR OPERATIONS PRINCIPAL CORRESPONDENCE CONTROL OO NOT RE/I/IOI/E THIS COPY

l

FROM

-IMike'Curb, Lt. Gov.

CA TO:

Chairman COMPL DEADLINE 4 10 ACKNOWLEDGMENT INTERIM REPLY FINAL REPLY 4 FILE LOCATION Q ~l gI CONTROL No-j.0276 DATE OF DOCUMENT 3-11-81 PREPARE FOR SIGNATURE OF:0 CHAIRMAN 0

EXECUTIVE DIRECTOR OTHER:

DESCRIPTION Xj LETTER Q MEMO Q REPORT Q OTHER SPECIAL INSTRUCTIONS OR REMARKS Urges expeditious licensing of Diablo Canyon DOCUMENT/COPY NO.

NUMBER OF PAGES POSTAL REGISTRY NO.

CLASSIF IED DATA CLASSIFICATION CATEGORY 0

NSI 0RD 0 FRD SECY 81-0359 ASSIGNED TO:

DATE INFORMATIONROUTING LEGALREVIEW 0

FINAL 0

COPY 3-8-81 Shapar.

3.

Ross Case 4.

Hurley Denton 5.

Snyder 6.

Voll 2.

Ilanauer No LEGAL OBJECTIONS NOTIFY:

0 EDO ADMINACORRES BR EXT.

COMMENTS, NOTIFY:

EXT.

ASSIGNED TO:

DATE JCAE NOTIFICATIONRECOMMENDED:

0 YES 0

NO

'~C F RM 232

'l1-75)

. EXECUTIVE DIRECTOR FOR OPERATIONS PRINCIPAL CORRESPONDENCE CONTROL DO NOT REMOVE THIS COPY

81-0359 NRC SECRETARIAT Logging Pate 3/ 16/81 To:

P Commissioner XQKExec. Dir.loper.

0 Cong. Liaison O Public Affairs Oate 0

Gen. Counsel 0 Solicitor O Secretary 0

Inspector & Auditor Policy Evaluation Incoming:

From:

Mike Cul"b Lt. Gov.

CA To Subject Chairman o,

3 1

Ur es ex editious licensin of Diablo 0

Prepare reply for signature of:

Q Chairman 0 Commissioner 0

EDO, GC, CL, SOL, PA, SECY, IA, PE Cl Signature block omitted 0

Return original of incoming with response CI For direct reply'XQ For appropriate action 0

For information ~ Q~if~Zi.D~ 0c/i 5'ECg

/

C s to:

Ikx XÃNX OI"i inal to Docket NRC42 For the Commission:

'Send three (3) copies of reply to Secy Correspondence end Records Branch ACTIONSLIP

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HlKEiCU R 8 LjCVTCNANTOOVCjjNQR STATE CAPITOL SACRAMENTOj CA 958I4 I

~%Me af Q~,ahforrria ffue af Hy gieutcnmd 5abrnurr March ll, 1981 Dr. Joseph M. Hendrie Acting Commissioner The Nuclear Regulatory Commission Washington, D.C.

20555

Dear Dr. Hendrie:

I urge the Nuclear Regulatory Commission to expedite the process of granting Pacific Gas and Electric Company the necessary licensing to load fuel and ultimately assume full plant operation.

P G

& E has accomplished all retrofitting measures determined necessary to comply with earthquake safety design, site-security plan and changes ordered since the 1979 accident at Pennsylvania's Three Mile Island plant.

Not only is California suffering from a continued high dependence on foreign oil, but the people of this state and this company are also suffering from an incredible financial deficit as a result of the plant's idleness.

California's rain and snowfall this season are well below normal levels.

The state needs the 20%. increase in electric power generation that Diablo Canyon could supply to even begin to prepare for what could be a critical year in terms of water and power.

In behalf of the people of California, I strongly encourage your most earnest consideration of this situation and your expeditious granting of licenses necessary for Diablo Canyon to begin operation.

Sincerely, MIKE CURB MC:rls 3/16... To EDO For Appropriate Action... Cpys to.'Chm,

Cmrs, PE,

OGC, OCA, SECY, Original to Docket... 81-0359.

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