ML040080934

Ltr to Ms. Shirley Bianchi Regarding December 1, 2003 Meeting with County Supervisors

ML040080934
Person / Time
Site:	Diablo Canyon
Issue date:	01/08/2004
From:	Gwynn T Region 4 Administrator
To:	Bianchi S San Luis Obispo County, CA
References
Download: ML040080934 (2)

Text

January 8, 2004 Ms. Shirley Bianchi Supervisor District Two Board of Supervisors San Luis Obispo County County Government Center, Room 370 San Luis Obispo, California 93408-2040

Dear Ms. Bianchi:

Thank you for your letter of December 8 and for the opportunity provided to meet with you and the other County Supervisors on December 1. I found the discussions useful in understanding your constituents concerns and look forward to continued communications with you and the other Supervisors.

In your letter you requested clarification of one matter that we discussed. You state your understanding that the U.S. Nuclear Regulatory Commission (NRC) sets minimum safety standards for facilities such as the Diablo Canyon Power Plant and its proposed Independent Spent Fuel Storage Installation (ISFSI). You also mentioned your understanding that San Luis Obispo County could establish more stringent safety standards than the NRC.

In general, under the terms of the Atomic Energy Act of 1954, as amended, the NRC has sole authority for the regulation of facilities such as Diablo Canyon and its proposed ISFSI with respect to any matters related to radiological health and safety and common defense and security. This would include any such matters related to the construction, operation, and continuing inspection of Diablo Canyon and the proposed ISFSI. Although I said in general at the start of this paragraph, the NRC is not aware of any reason why the NRCs health and safety and common defense and security regulations would not apply to Diablo Canyon and the proposed ISFSI. The NRCs health and safety and common defense and security regulations specifically developed for spent fuel storage outside reactor storage basins are principally described in detail in 10 CFR Part 72, a part of the NRCs regulations. These regulations cover both wet and dry storage systems for site-specific ISFSIs that can be located either at reactor sites or away from them.

This means that the County cannot set any standards different from the NRCs with respect to radiological health and safety and the common defense and security. I apologize if I said anything that left you with a different impression.

Sincerely,

/RA/

Thomas P. Gwynn Deputy Regional Administrator

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