ML17083A618

Responds to Re Expediting Facility Licensing. Further Actions Required by Aslb,Aslab & Commission.Nrc Working Toward Timely Resolution of Safety Issues Before License Issuance

ML17083A618
Person / Time
Site:	Diablo Canyon
Issue date:	10/08/1980
From:	Harold Denton Office of Nuclear Reactor Regulation
To:	Garcia M CALIFORNIA, STATE OF
References
NUDOCS 8010270018
Download: ML17083A618 (8)

Text

OCT 8 1989 The l/onorable Harz Garcia Ca'iifornfa Senate Sacramento, Ca'lifornfa 95814 Oear tIr. Garcia:

Your letter of August 25, 1980 to Chairman Ahearne regarding the licensing of the Diablo Canyon nuclear plants has been referred to me for reply.

Your letter urged that the NRC do all ft can to expedite the final licensing of these plants.

A.brief dfscussfon of our efforts is provided be'low.

As you no doubt are aware, since docketing of this case in late 1973 ma)or plant improvements were required as the result of a seismic re-evaluation of the facility and more recently, as the result of applying the lessons learned from the Three Nile Island (TNI} accident that occurred 1ast year.

In addition, this fs a contested licensing action and, under the provisions of the Atomic Energy Act and the Cemfssion's regulations, due regard must be given to the hear-ing rights of the parties to the proceeding before a license can be issued.

In a June 5, 1980, memorandum from S. Chilk, Che Nuclear RegulaCory CommIfssion provided guidance to the WC staff for applicants seeking authorization to load fuel and conduct how power testing.

This guidance is stated fn HOREG-0694 entitled "TthI Related Requirements for New Operating Licenses".'

copy of this document fs enclosed.

The hearing record was closed on March 12, 1979 and in SepCember 1979 the Atomic Safety and Licensing Board (ASLB} fssued a favorable initfal decision on, among other things, the sei'smfc safety issue and on the plant's physical security plan.

That decision was appealed by the jofnt intervenors and during the course of that

review, on June 23, 1980 the Atomic Safety and -Licensing Appeal Board assigned to review Chfs matter issued a decision to reopen the hearing record to obtain testimony related'to a ma)or earthquake which occurred fn California's'mperial Valley fn October 1979 (shortly after the ASLB decfsfon fn September 1979).

In a separate decision, ft also ruled that it would rehear the security issue.

The )BC staff testimony on seismic matters was submitted to the Appeal Board in August =1980 and by Order dated August 28, 1980 the Appeal Board set hearings on the seismic matter for October 20, 1980 and on the security matter for about November 10, 1980, respectively.

To fur ther complete the picture on the hearing process, on July 14, 1980 the applicant filed a motion with the ASLB for a license to '1oad fuel and begin low power testing.

On August 6, 1980 the LRC staff responded to the ASLB on this motion and issued a supplemental safety evaluation dealing with THI accident related safety issues as they apply to fuel loading and low power testing.

The Licensing Board fs expected to hear these issues fn late 1980 or early next year.

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SURNAME OATE$

= NRC FORM 318 (9.76) NRCM 0240

'AV.S. GOVERNMENT PRINTING OFFICE: 1979-289 369

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From the above, while ft can be seen that further actions will he requfred hy the Licensing Board, the Appeal Board and the Co~issfon itself, we bel feve the

'~RC fs working toward the tfsely resolution of the romany safety issues fn this extremely complicated case.

I trust that this information fs responsive to your request.

Since r"ly, Fnc1 osur e:

As stated Haro'ld 'R.. Denton, Director Office of nuclear Reactor Regulation OELD OCA

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/80 NRC FORM 318 {9.76) NRCM 0240 AU.S. GOVERNMENT PRINTING OFFICE: 1979 289 389

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FROM:

Narz Garcia

.,California State Senate.,

TO:

=Chairman Ahearne ACTION CONTROL COMPL DEADLINE ACKNOWLEDGMENT INTERIM REPLY FINALREPLY FILE LOCATION DATES

- I'9554 DATE OF DOCUMENT PREPARE FOR SIGNATURE OF:

P CHAIRMAN Q EXECUTIVEDIRECTOR DESCRIPTION Q LETTER Q MEMO P REPORT Q OTHER SPECIAL INSTRUCTIONS OR REMARKS Urges expeditious 'licensing of Diablo

'C'anyon

'OCUMENT/COPY NO.

NUMBER OF PAGES POSTAL R EG 1ST RY NO.

CLASSIFIED DATA CLASSIFICATION CATEGORY Q

NSI QRD Q FRD SECY 80-1664 ASSIGNED TO:

enton Eisenhut DATE 9280 INFORMATIONROUTING LEGALREVIEW Case Denton Snyder Grimes Vollmer ROS S ASSIGNED TO'anaue Schroe DATE P

FINAL '

COPY NO LEGAL OBJECTIONS

~ NOTIF Y:

Q EDO ADMIN5 CORRES BR EXT.

COMMENTS, NOTIFY:

EXT.

JCAE NOTIFICATION RECOMMENDED P YES Q

NO NRC FORM 232

,(1X-75)

,EXECUTIVE DIRECTOR FOR OPERATIONS PRINClPAL CORRESPONDENCE CONTROL ~

DO NOT RE/!!IOI/E THIS COPY 1

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80-Logging Date3~

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NRC SECRETARIAT TOI Q Commissioner XXKZ.Exec. Dir./Oper C3 Cong. Liaison O Public Affairs Date Gen. Counsel CI Solicitor CI Secretary Q

Inspector & Auditor PollcY Evaluation Incoming

~ From:

Marz Garcia Ca. State Senator TQ Subject Date 0

Prepare reply for signature of 0

Chairman Q Commissioner 0

EDO, GC, CL, SOL, PA, SECY, IA, PE Q

Signature block omitted

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0 Return original of incoming with response X)ID For direct reply' For appropriate action C3 For information Suspense:

Sept.

15 Rec'd O~ "'

Remarks:

For the Commission:

COlllb S

'Send three I3) copies of reply to Secy Correspondence end Records Branch

'I NRC42 ACTION SLIP

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