ML13304A695
| ML13304A695 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 12/18/1980 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| Shared Package | |
| ML13304A691 | List: |
| References | |
| FOIA-81-104, FRN-45FR41738, RULE-PR-50 CLI-80-42, NUDOCS 8101140046 | |
| Download: ML13304A695 (3) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS:
John F. Ahearne, Chairman C
Victor Gilinsky Joseph M. endrie Peter A. Bradford In the Matter of STATEMENT OF POLICY:
PR-Miscellaneous Notice FURTHER COMMISSION GUIDANCE FOR
)
(41738)
POWER REACTOR OPERATING LICENSES
)
MEMORANDUM AND ORDER (CLI-80-42)
Recently the Commission, by a vote of 3-2, issued a Statement of Policy entitled *Further Commission Guidance for Power Reactor Operating Licenses.0 45 Fed. Rea. 41738 (June 20, 1980).
In essence, the Statement of Policy announced the intent of.the Commission that in future actions on nuclear power reactor operat
-ing license applications, it.would look to the list of "Requirements for New Operating Licenses" found in NUREG-0694 (June 1980) as setting forth requirements for new operating licenses which should be "necessary and sufficient for responding" to the accident at Three Mile Island ("TMI").
Consequently, current operating license applications were to be judged against present NRC regulations, as supplemented by these TMI-related requirements. Insofar as certain of the provisions of NOREG-0694 sought to impose operating 8se 1 14 0QL%
2 license requirements beyond those necessary to show compliancd with the regulations:
although the [licensing and appeal] boards may enter tain contentions asserting that the supplementation is unnecessary (in full or in part) and they may entertain contentions that one or more of the supplementary requiremeits are not being complied with; they may not entertain contentions asserting that additional supple mentation is required.
Id.
On November 3, 1980, by a vote of 2-2, the Commission denied a request for a stay of the Statement of Policy filed by the Union 6f Concerned Scientists and the Shoreham Opponents Coalition.
On October 28, 1980, by a vote of 4-0, the Commission approved NUREG-0737, "Clarification of TMI Action Plan Requirements," which is a letter from D. G. Eisenhut, Director of the Division of Licensing, NRR, to licensees of operating power reactors and appli cants for operating licenses forwarding post-TMI requirements.
NUREG-0737 now supersedes NUREG-0694, the latter being the document which forms the core of the substantive requirements in the afore mentioned Statement of Policy.
NUREG-0737 makes numerous signifi dant changes in NUREG-0694.
In some instances, the requirements in NUREG-0694 are made more flexible, especially as to implementa tion schedules.
In some instances, the.requirements in NUREG-0694 are made more strict. In addition, NUREG-0737 adds new require ments, taken from previously issued Bulletins and Orders, which were not part of NUREG-0694.
The Commission's approval of NUREG-0737 requires that some changes be made in the previously adopted Statement of Policy.
3 Moreover,-the Commission has now hid m6re time to reflect upbh the distinction between interpretive and supplementary requirements, as originally set forth in NUREG-0694 and as modified in NUREG 0737, and believes that the number 'of supplementary requirements may be quite small. For these reasons, the Commission has decided that the Statement of Policy should be amended as set forth in the Appendix to this Memorandum and Order. 1/
It is so ORDERED.
For the Commisson, 1
SAMUELJ IL Secretary of te Commission Dated at ashington, D.C.
this /
day of December, 1980.
1/
Chairman Ahearne concurs in amending the policy statment, but disagrees in how it should be amended.
His dissenting views are attached to the Appendix.