ML18079A582
| ML18079A582 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 05/15/1979 |
| From: | Harold Denton Office of Nuclear Reactor Regulation |
| To: | Ayres G SALEM COUNTY BOARD OF CHOSEN FREEHOLDERS |
| Shared Package | |
| ML18079A583 | List: |
| References | |
| NUDOCS 7907250037 | |
| Download: ML18079A582 (8) | |
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Docket No.-50~272 Mr. George 1'J. Ayres Clerk of the Board Board of Chosen Freeholders Courthouse Salem, New jersey 08079
Dear Mr_. Ayres:
MAY 15 1979.
This is to acknowl~dge receipt of your Marc~ 22, 1979 letter to Chairman Hendrie which enclosed for information a copy of your Board nesoiution R.79-109 RESOLUTION OPPOSING THE STORAGE OF HIGH LEVEL RADIOACTIVE WASTES IN SALEM COUNTY.
Since a part of your resolution concerns matters *currently before an AtOi!iic Safety and Licensing Board considering the expansion-of capacity of the spent fuel pool at the Salem Nuclear Generating Station Unit No. l, and since decisions of that board are subject to revie~1 at tile Commission level, it v{Ol!ld not b1; appropriate for the Chairman to respond.
Accordingly, I h~ve been asked to reply to your letter.
Your resolution (1) opposes "the concept of ~e-racking spent fuel *..
or any.increase on storage of spent fuel assemblies over tr1e* original plan" for nuclear plants "in Lower Alloways Creek Township, ("2) opposes.
the construction of any independent spent fuel storage facilities within..
Salem County, (3) oppnses construction of at-reactor site' pocls for 1
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spf:nt fuel "beyond the requirements of periodic ~~aintenance and storage
- of spent fuel for a reas_onable cooling period", and (4) urges NRC 11to fulfill its obligation pursuant to the U. S. Code, Title 42, Section 5877 * **II*
lJith regard to the first item, a Salem Unit Mo. l application for license amendment is now pending before an Atomic Safety and Licensing Board (ASLB).
As a party to that proceeding the MRC staff has completed a technical safety evaluation and an envi romnenta*1.impact appraisal \\vhi ch have been supplied to the ASLB.and other parties to that hearing. Tho$e documents conclude that re-racking and increased storage are technically safe and environmentally acceptable.
Copies of* those doctments are
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on file *in a.loca1 public document rorn;1 in tt1e Salem Free Public Library l<R~.
located at 112 ~*Jest Broadway, Sn1~m. New Jersey.
.l\\lso, the staff is currently reviewing a similar proposal froD the Public Service Electric and Gas Company in connection with its application fo'r an operating licE:*mse for the Salen UnH !Jo.
2~
Mo.similar proposals are before the I n *.
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- 1 ocated in Sc.i1 *m County \\~hie *1 are under c nstruction.
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~ll\\111.C FORM 318, _(Sl-76) NRCM,0240
'ft *u.s. aovl!RNMl!CNT PRINTING OP'FIC<<: 1170 * ***
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All applicatiOns for a*n increasc*in on-s-ite storage capacity of spent fuel are evaluated in foll conformance with existing regulations.
t*Jith regart! to item number tv:o, in Vihi~h the Goard states its opposition to locating any independent storage fa.cilities for si)ent fuel within.
the County, the, Commission is una1:Jare of any plans which would propose sucl1 a facil "ity.
Furthermore, should such an action be proposed, an
- appropriate public notice would be issued in the Federal R~gister.
- ~!e interpret i.tem number three to mean that the Board is opposed to construction of spent foe] pools in addition to those already.included*
in thf; ori'0inal design of the facilities in tile Cqunty.
- In t-JUREG-0404 tbt~ NR.C' staff's draft gGneric environmental impact staten1ent on handling and storage of spent 1i9ht water power reactor fuel, we state that increas'ing the co.p.:icity of existing individual. spent fuel storage pools is environmentul 1y acceptable, but that.each application for such an expansion vmuld be reviewed on a case-b_y-case basis. If sudl an 0xpansion does_occur, as proposed at Salem. the resultant capacity t*Jould most likely be sufficient to meet the storage requirements until some time after the a\\'Jay-from-reactor storage *ls available.
The need for construction of *additional storage pools other tllan those included in tile original desi:;n of the facilities is thc~refore unlikely.
With regard to item four in your resolution you cite U. S. Code, Title 4*2, Section 5<377 *1t*iidi is based on tile Ener~JY Reorganization Act of 1974 v.1hich created t!1e Nuclear Regulatory Commissfon, and infer t!1at the NRC is not meetinU the obligation~ as stated thereiri. A copy of Section 5G77, ~eports to President for sub111ission to CowJress, *is enclosed.
i*Ie interpret item four to be ref£.:rence to -Subsection (C) of Section 5<377 \\1hich requires the Commission to make an annual report to tiw President for submission to Congress on the activities cf the Commission during the preceding fiscal year, inclu~inq 11 *** a description of the Commission's activities and findings...
11 in six areas, one or1t.Jhich ;*s 11 (5} insuring the safe. permanent disposal of high-level radioactive wastes through the licensiwJ cf nuc1ev.r activitfos and facilities 11 The Commission h~s consistentiy fulfilled its obliga.tion to provide this information.
The 1 u.test report i*:as fon-.mrded to the.President on February 14, 1979 *
. A copy of that report is enclosed for your information.
Statutory reporti nq
_requirements are highlighted on page xi ~nd in.Chapters l and 5 of that ri::port"
\\-le refer.YOli specifically to the *information contained on pages 7, 8, 12, 73,. 74 a.nd 93 through 97.
The informati9n provided on pa9es 93 through 97 addresses the matter of long te0m storage of spent f U(~ 1
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MllC FORM 318 (9*76) NRCH 0240
- u.s. QOVl!:RNMll:NT PRINTING OP'FICE: 1170.........., **
Mr. George l*J., Ayres I trus*i: you wi 11 find we have been responsive to the items identified in your resolution.
r Enc-1 osures:
Sincerely, Orl1inal Signed By
- Roger S. BQyd arold R. Denton, Dire~tor Office of Nuclear Reactor Regulation -
- l.
U. s. *code. 42, Section 5877
- 2.
1978.Annual Report DISTRIBUTION Docket Fi 1 e 50-272 NRC PDR (w/incoming)
Local PDR (w/incoming)
. NRR Reading
- EDO Reading ORBl* Reading WDi rcks HRD~nton _
EGCase DBunch RCDeYoung RMattson RSBoyd.
VStell o OGE i sen hut -
- RHVollmer BKGrimes TJCarter WTRussell.
ASchwencer GGZech CSParrish Attorney, OELD OP'P'ICll~
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DATE~
NILC FORM 318 (9-76) NRCM 0240.
GErtter (ED0-05829)
MGroff SECY (79-0770) (3)
ASLB JMullin (ED0-05829)
LBerry MJambor JButts
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WRu~sell
- Local PDR -(w/incomin~)
AScnwencer NRR Reading GZ~ch EDD.Reading.
CParrish ORB-1 Re tiing Docket No.. 50-272 Mr. Ge rge W. Ayres Clerk o the Board*
Board..of ho sen Freeho.l de rs.
Courthouse Sa 1 em~ New 08079**
Attorney, OELD WDi re.*
.GErtter (ED0~05829) HRD
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- MGroff E ase SECY (79~0770)
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- >Y RC.deYoung JMul 1 in RMattson
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RS Boyd
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DEisenhut..
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- RVolJrner This is to a*cknm ledge receipt of your ~1,.. elf 2-2*, 1979 letter" to Chairman Hendrie \\ ich enclosed for "inf, *rmatfon a copy of your Board Resolution R. 79':"109 RESOLUTION t,' PPOSING THE STORAGE OF HIGH
. LEVEL RADIOACTIVE WA ES IN SALEM Cj} NTY~ Since a *part of your" -
.resolution concerns ma. *tE:rs curr~*:fly before.. an Atomic.. Safety ai1d.
Licensing *Board conside *ng the xpansion of capacity *of the spent."
fueJ pool of the Salem Nu ear;-~enerat*ing Statfon Unit No. l, and *.
- since* decis-ions of that boa 7are.subject" to review at the Commissio'n -
level lt it would not be appr; " iate for the. Chairman to. respond *. -.
AccorcUngly, I have bee.n :-
- ked.*
reply to your lette~~
~li o_f _tf}' elements o~<v~~- M~rch l; !979_({es<>,1ution w~r~cont~itied ~-
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- rn a.. s1m1la Fepruar, 16,*~79 reso\\ut1?n by~e-To~m$hlp *of'~L,ow~r..
_Alloways Cree
- A,, opy of that resoli1trnn and our.___ March 29, -1979.
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- pons*e are *enc SSl **
or_your'lnform~.:.f **
n a Clitiott:~ coQy *: :.
- *o r lat er a:-tn1s-espunse-*is bei.g m~e available to'-th~.. :
Atomt~.
ety. d Licen~i 9-..]oard. ~hat *i cons.tdering the. propq?ea"" *
- cap_ac1ty exp..§lOn *of ~ne Safern---Un~t Na.
spenl:'~t!.el pool.
I trust you. will find* we -have been responsive to. the items identified
- n your. r o lution;*
Sincerely,
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z~ 1Cf7f 4rU!:&~~ Harold R. Denton,_ Director r (}$..~ 1' 7
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Offi~e of Nuclear Reactor Regulation
.., ~~_se1
Enclosures:
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esollution-~l!y the. Township)
... of l:'a~er AN~ways Creek f, dated :februar~16lt 1979
- 2. U4arch 29, T9l9 Response~
o Resoluti6n NRC FORM 318 (9-76) NRCM 0240 U. S. GOVERNMENT PRINTING OFFICE: 1976 -
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ENCLOSURE l 42 § 5876 PUBLIC HEALTH AND '\\\\"ELFARE Ch. 73 Tbe Atomic Energy Act o! l95-I. as
~38. and Ex.On!. Xo. ll.834,
~t out u amended, re!errecl to in suhsec. (h) (2), iH notes under section 5S01 o! this ti:!e.
classified to chapter 23 (section 2011 et Lei:-l*latl\\"e Hlotory.
For Jegi~luh*e seq.) o! this title.
history and purpo>e o! Pub.L. ~3S. !!ff
- Etfeeth*e Date.
Section e!!ectl,*e Jan.
197 ~ U.S.Code Cong. anu Adm.~ ews, p.
19, 197:1, see section 31:?(a) of Pub.L. 93-5-170.
§ 5877.
Reports to President for submission t-0 Congress Report by Admlnlatrntor on nctlvltlea o! Admlnhtratlon (a) The Administrator shall, as soon as practicable after the end of each fiscal year, make a report to the President for submission to the Congress on the activities of the Administration during the preceding fiscal year. Such report shall include a statement of the. short-range and long-range goals, priorities, and plans of the Administration to-gether with an assessment of the progress made toward the attain~
ment of those objectives and toward the more effective and efficient management of the Administration and the coordination of its func-tions.
Review ot deslrnblllty nnd fen,.lblllty of trnns!errlng !unctions o!.-\\.dmlnh1-trator respectlni;' mllltnry nppllcntlon and re11trlcted dntn to Department ot Defense or other Federnl agencies; report by Administrator (b) During the first year of operation of the Administration, the Administrator, in collaboration with the Secretary of Defense, shall conduct a thorough review of the desirability and feasibility of trans-ferring to the Department of Defense or other Federal agencies the functions of the Administrator respecting military application and re-stricted data, and within one year after the Administrator first takes office the Administrator shall make a report to the President, for sub-mission to the Congress, setting forth his comprehensive analysis, the principal alternatives, and the specific recommendations of the Admin-istrator and the Secretary of Defense.
Report by Comml~slon on activities of Commlulon (c) The Commission shall, as soon as practicable after the end of each fiscal year, make a report to the President for submission to the Congress on the activities of the Commission during the preceding fis-cal year.
Such report shall include a clear statement of the short-range and long-range goals, priorities, and plans of the Commission as they relate to the benefits, costs, and risks of commercial nuclear pow-er. Such report shall also include a clear description of the Commis-sion's activities and findings in the following areas-(1) insuring. the safe design of nuclear powerplants and other licensed facilities; (2) investigating abnormal occurrences and defects in nuclear powerplants and other licensed facilities; 440
ENCLOSURE i Ch. 73 ENERGY SOURCES DEVELOPMENT 42 § 5878a (3) safeguarding special nuclear materials at all stages of the nuclear fuel cycle;
( 4) investigating suspected, attempted, or actual thefts of spe-cial nuclear materials in the licensed sector and deYeloping contin-gency plans for dealing with such incidents; (5) insuring the safe, permanent disposal of high-level radioac-tive wastes through the licensing of nuclear activitiE:s and facili-ties; (6) protecting the public against the hazards of low-level radio-active emissions from licensed nuclear activities and facilities.
- P11b.L.93-438, Title III, § 307, Oct. 11, 197 4, 88 Stat. 1251.
Historical Note Et!e<:th-e Date.
Section effectl\\*e Jan.
19, 19i5. see section 312(a) of Pub.L.93-438, and Ex.Ord. Xo. 118.'.H, set out as notes under section 5801 of this title.
Leg!slatl""
Hhtor;r.
For legislati"re history end purpose of Pub.L.93-438, see 19H L.:.S.Code Cong. and.idm.!\\ews, p.
MiO.
§ 5878.
Inf orrnation to Congressional committees The Administrator shall keep the appropriate congressio;:;.al commit-tees fully and currently informed with respect to all of the Adminis-tration's activities.
Pub.L.93-438, Title III,§ 308, Oct. 11, 1974, 88 Stat. 1252.
Hi1torlca.l Note Ef!~tln
- Date.
Section effective Jen.
Leglolatlve
- History, For legisletl\\*e 19, 19i5, see section 312(a) of Pub.L. 93-history and purpose of Pub.L.93-438, see 438, and Ex.Ord. Xo. 11834, set out as 19H u.S.Code Cong. and.!.dm.Xews, p.
notes under section 5801 o! this title.
MiO.
§ 5878a.
Report to Congressional Committees of funds for and encouragement of small business The Administrator shall, by June 30, 1976, and by the e::'.ld of each fiscal year thereafter, submit a report to the Committee on Science and Technology of the House of Representatives and the Committee on Interior and Insular Affairs of the Senate detailing the extent to which small business and nonprofit organizations are being fµnded by the nonnuclear research, development, and demonstration programs of the Administrator, and the extent to which small business involvement pursuant to section 5801 ( d) of this title is being encouraged by the Admfoistration.
Pub.L.94-187, Title III,§ 308, Dec. 31, 1975, 89 Stat. 1074.
Rlltorioal Note Codl!lcat!on.
Section was not enacted u part of tbe Energy Reorganization Act o! 1974, which comprises thls chapter.
441
'i APR 2 7 1979 Note to:
Gary Zech, Project Manager Salem Unit No. 1 RE:
LETTER TO SALEM BOARD OF CHOSEN FEEHOLDERS With respect to penultimate paragraph of proposed letter, I would not highlight the Commission's fulfilling its obligation by filing the report. Salem County is interested.
in whether NRC initiates programs for permanent disposal etc.
not whether we filed a report. This paragraph can be changed with very minor modification *
.Jr~~~
Myron arman, Attorney Offi2 of the Executive Legal Director
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