ML24317A038
| ML24317A038 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 12/05/2024 |
| From: | Mike Franovich Office of Nuclear Reactor Regulation |
| To: | Curran D, Leary C, Templeton H Environmental Working Group, Friends of the Earth, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP |
| Lee S, 301-415-3158 | |
| Shared Package | |
| ML24264A091 | List: |
| References | |
| OEDO-24-00083, EPID L-2024-CRS-0000, NRC-2024-0148 | |
| Download: ML24317A038 (1) | |
Text
December 5, 2024 Diane Curran, Esq.
Harmon, Curran, Spielberg, & Eisenberg, LLP 1725 DeSales Street, NW, Suite 500 Washington, DC 20036 Hallie Templeton, Esq.
Friends of the Earth 1101 15th Street, 11th Floor Washington, DC 20005 Caroline Leary, Esq.
Environmental Working Group 1250 I Street, NW Washington, DC 20005
SUBJECT:
10 CFR 2.206 PETITION REGARDING SEISMIC CORE DAMAGE FREQUENCY FOR DIABLO CANYON NUCLEAR POWER PLANT, UNITS 1 AND 2, SUPPLEMENTAL ACKNOWLEDGMENT LETTER (EPID L-2024-CRS-0000)
Dear Diane Curran,
Hallie Templeton, and Caroline Leary:
On March 4, 2024, the San Luis Obispo Mothers for Peace, Friends of the Earth, and Environmental Working Group filed a petition requesting that the U.S. Nuclear Regulatory Commission (NRC) exercise its supervisory authority to order the immediate closure of Diablo Canyon Nuclear Power Plant, Units 1 and 2 (Diablo Canyon), due to the unacceptable risk of a seismically induced severe accident (Agencywide Documents Access and Management System Accession No. ML24067A066). On March 12, 2024 (ML24072A529), the Commission referred the request to the enforcement petition process under Title 10 of the Code of Federal Regulations (10 CFR) 2.206, Requests for action under this subpart.
On August 27, 2024, the NRC staff issued an acknowledgment letter (ML24205A066) summarizing the evaluation activities related to your petition dated March 4, 2024, as supplemented on June 7, 2024 (ML24162A079), and stating that the Petition Review Board (PRB) had accepted four specific concerns for further review.
Consistent with Section IV.B Schedule, of the handbook for Management Directive (MD) 8.11, Review Process for 10 CFR 2.206 Petitions, and its associated Directive Handbook 8.11 dated March 1, 2019 (ML18296A043),Section IV.B, Schedule, the PRB intended to issue the proposed directors decision for comment within 120 days after issuing the August 27, 2024, acknowledgment letter.
On October 24, 2024, Pacific Gas and Electric Company (PG&E) provided a voluntary submittal (ML24298A234) to the NRC related to the PRB review of your petition. On October 31, 2024, you submitted a supplement to the petition (ML24305A187) in response, in part, to the
D. Curran, et al.
October 24, 2024, PG&E voluntary submittal. The PRB has considered information in your new supplement and determined that there is no imminent safety concern that warrants immediate shutdown of Diablo Canyon. The PRB intends to address the following supplemental concerns in the proposed directors decision:
PG&Es 2015 and 2024 seismic source characterizations omitted modern deformation modeling and failed to use globally-calibrated strainrate-to-seismicity conversions, that would have prevented their serious underestimates.
Additional justification supporting the use of the Noto Peninsula earthquake as a model characteristic thrust earthquake for the Irish Hills.
Consistent with MD 8.11, Directive Handbook section III.I.6, Supplements to the Petition, the PRB now intends to issue the proposed directors decision for comment within 120 days of this supplemental acknowledgment letter.
For your information, I have enclosed a copy of the draft Federal Register notice that acknowledges the receipt of this supplement to the petition. In addition, and as noted in our letter to you dated August 27, 2024, MD 8.11, and its handbook (ML18296A043), and the associated NRC Office of Nuclear Reactor Regulation brochure titled, Enforcement Petition Process, issued March 2019 (ML19070A037), are available for reference. I would like to express my appreciation for your effort in bringing these matters to the NRCs attention.
Sincerely,
/RA/
Michael X. Franovich, Acting Deputy Director Office of Nuclear Reactor Regulation Docket Nos. 50-275 and 50-323
Enclosure:
Draft Federal Register Notice
ENCLOSURE DRAFT FEDERAL REGISTER NOTICE
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-275 and 50-323; NRC-2024-0148]
Pacific Gas & Electric Company; Diablo Canyon Nuclear Power Plant, Units 1 and 2; Petition AGENCY: Nuclear Regulatory Commission.
ACTION: 10 CFR 2.206 request; supplement.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is giving notice that by petition dated March 4, 2024, as supplemented on June 7, 2024, and October 30, 2024, San Luis Obispo Mothers for Peace, Friends of the Earth, and Environmental Working Group (the petitioners) requested that the NRC exercise its supervisory authority to order the immediate closure of Diablo Canyon Nuclear Power Plant, Units 1 and 2 (Diablo Canyon) due to the unacceptable risk of a seismically induced severe accident.
The Commission referred the request to the enforcement petition process under NRC regulations. Details regarding NRC review of the petitioners October 30, 2024, supplement is included in the Supplementary Information section of this document.
DATES: [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: Please refer to Docket ID NRC-2024-0148 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0148. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email:
2 Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the For Further Information Contact section of this document.
NRCs Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to PDR.Resource@nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the Availability of Documents section of this document.
NRCs PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Perry Buckberg, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-1383; email: Perry.Buckberg@nrc.gov.
I. Supplementary Information On March 4, 2024, the petitioners filed a petition requesting that the NRC exercise its supervisory authority to order the immediate closure of Diablo Canyon due to the unacceptable risk of a seismically induced severe accident. An order was issued on March 12, 2024, referring the request to the enforcement petition process under section 2.206 of title 10 of the Code of Federal Regulations (10 CFR), Requests for action under this subpart.
3 On August 27, 2024, the NRC staff issued an Acknowledgement Letter that summarized the evaluation activities of the March 4, 2024, petition, as supplemented on June 7, 2024, and described that the Petition Review Board (PRB) had accepted four specific concerns for further review.
Consistent with Section IV.B Schedule, of the handbook for NRC Management Directive (MD) 8.11, Review Process for 10 CFR 2.206 Petitions, and its associated Directive Handbook 8.11, the PRB intended to issue the proposed directors decision for comment within 120 days after issuing the August 27, 2024, acknowledgment letter. On October 24, 2024, Pacific Gas & Electric Company (PG&E) provided a voluntarily submittal to the NRC related to the PRB review of the petition. On October 31, 2024, the petitioners submitted a supplement to the petition. The PRB has considered information in the new supplement and intends to address the following supplemental concerns in the proposed directors decision:
- 1. PG&Es 2015 and 2024 seismic source characterizations omitted modern deformation modeling and failed to use globally-calibrated strainrate-to-seismicity conversions, that would have prevented their serious underestimates.
- 2. Additional justification supporting the use of the Noto Peninsula earthquake as a model characteristic thrust earthquake for the Irish Hills.
Consistent with Section III.I.6, Supplements to the Petition, of the handbook for MD 8.11, the PRB now intends to issue the proposed directors decision for comment within 120 days of the issuance of the supplemental acknowledgement letter.
4 II. Availability of Documents The documents identified in the following table are available to interested persons through ADAMS, as indicated.
DOCUMENT DESCRIPTION ADAMS ACCESSION NO.
Petition submitted by San Luis Obispo Mothers for Peace, Friends of the Earth, and Environmental Working Group, dated March 4, 2024.
ML24067A066 NRC SECY Order referring the petition to the 10 CFR 2.206 process, dated March 12, 2024.
ML24072A529 Petition Supplement, dated June 7, 2024.
ML24162A079 NRC Management Directive 8.11, Review Process for 10 CFR 2.206 Petitions, dated March 1, 2019.
ML18296A043 NRC Acknowledgement Letter dated August 27, 2024.
ML24205A066 PG&E voluntarily submittal dated October 24, 2024.
ML24298A234 Petition Supplement, dated October 30, 2024.
ML24305A187 Dated: December 5, 2024.
For the Nuclear Regulatory Commission.
/RA/
Michael X. Franovich, Acting Deputy Director, Office of Nuclear Reactor Regulation.
ML24264A091 (Package)
ML24317A038 (Letter)
NRR-106 OFFICE NRR/DORL/LPL2-2/PM NRR/DORL/LPL2-2/LA NRR/DEX RES/DE/SGSEB NAME PBuckberg ABaxter CMunson TWeaver DATE 11/8/2024 11/13/2024 11/21/2024 11/14/2024 OFFICE NRR/DRA/APLC NRR/DRA/APLC NRR/DORL/LPL4/PM OGC - NLO NAME SAlferink SPark SLee RCarpenter DATE 11/13/2024 11/13/2024 11/13/2024 11/22/2024 OFFICE NRR/DORL/LPL2-2/BC QTE NRR/DORL/DD NRR/DD (A)
NAME DWrona JDougherty ARivera-Varona MFranovich DATE 11/18/2024 11/19/2024 11/21/2024 12/05/2024 OFFICE NRR/DORL/LPL2-2/PM NAME PBuckberg DATE 12/05/2024