ML19199A598
| ML19199A598 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 04/20/1979 |
| From: | Shapar H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Gilinsky V NRC COMMISSION (OCM) |
| References | |
| NUDOCS 7905040311 | |
| Download: ML19199A598 (3) | |
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!!EMORANCUlt FCR:
Comissioner Gilinsky FRCM:
Howard K. Shapar Executive Legal Director THRU:
L. V. Gossick Executive Director for Operations
SUBJECT:
MATSOfi MEMCRAf'DL'It CF APRIL 13, 1979 ErlTITLED "L0flG-TEPJi EfiVIROE"ErlTAL RADIATI0f: t'0!!ITORIfiG AT THREE ?!ILE ISLAl'D" I have reviewed the subject remorandun frca the Ilhite House at your recuest. The role assigned to EPA is arguably a departure from the allocation of duties between fiRC and EPA that has been followed in the past, and could result in duplication of functions and confusion of the roles of fiRC and EPA. Hcwever, the renorandum is careful not to interfere with flRC's independent responsibilities, and EPA can present reasonable legal arguments in support of its execution of the assigned tasks.
I.
EPA Authority EPA nuclear plant radiation-conitoring functicns have in the past been generally confined to inforration-gathering in support of standard-setting activities. The functions assigned here to EPA seen focused on one plant and one incident rather than on formulation of standards.
However, the President's initiative ray be appropriate under that portion of Reorganization Plan No. 3 of 1970 that transferred to EPA all functions of the Federal Radiation Council (FRC). The functions of the FRC are to
"... consult qualified scientists and experts in radiation ratters, and cualified experts in the field of biology and recicine and in the field of health physics...," to " advise the President with respect to radiation matters, directly or indirectly affecting health, including guidance for all Federal agencies in the formulation ci radiation standards and in the establishrent and execution of prograns of cooperation with States...,"
and to "... perform such,pther functicns as the President nay assign to it by Executive order...."1 1/
AEA section 274h.
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Cornissioner Gilinsky One task assigned to EPA is to "crepare a report of... environmental radioactivity for the recegyly established Presidential Comission to investigate the accident."i Under the circunstances, such a report may be viewed as part of the advice with respect to radiation natters that night be solicited from the FRC. Morec;er, as noted, responsibility for related functions could be assigned to FRC by Executive order.
(Such an Execu'ive order would presonably be forthcoming if the activities of EPA were to be challenged.)
II.
NRC Authority The Connission itse!f has the authority to engage in environmental moni-toring at Three fiile Island to protectphe health and safety of the public and to enforce its regulations Moreover, the Cornission "with the consent of the agency concerned" nay l of any Government agency also utilize r-employ the services of personne to perfom this function.1j Proceeding under ' tis authority, the Comis-sion could not only provide for the conduct of a monitoring progran, but cculd request and coordinate the services of other agencies.
The Watson f*enorandun assigns to EPA as " lead agency" a responsibility to
" operate, at an adequate level, [an] environmental monitoring network for air and water-borne radioactivity" and " coordinate data collection."
This creates the potential for duplication of efforts undertaken by the Cornission; it aay also lead to confusion with regard to the respective responsibilities of HRC and EPA and result in sone obscuring of account-ability.
However, these problems could be reduced (and perhaps elininated) if NRC were to refrain from conducting its own ronitoring progran and rely, instead, on the EPA progran.
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The President's Cornission on the Accident at Three Mile Island was established by Executive Order 12120, April 11,1979. The Comission is directed to conduct a " comprehensive study and invest lgation" of the accident which is to include, among other things, a technical assessment of the events and their causes and appropriate recomen-dations.
Executive agencies are directed, to the extent pemitted by law, to furnish infomation, advice, cr assistance upon request by the Chaiman of the Cornission.
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AEA section 161c.
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AEA section 161f.
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NRC PORM 318 (9-76) NRQ( 0240 8 w.s. eevaa.em s.or eee. mas oe-.c a : i, e s - as s. v e s g
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T 3-Commissioner Gilinsky III. Role Under the Merorandun The Watson Memorandun is addressed only to the Administrator of the Enviror.cental Protection Agency and the Secretaries of Energy and Health, Education, and Welfare. Foreover, in specifying the functions to be perforced, fir. Watson states that he is "ask"ng each of the agencies named below to continue to neet the responsibilities indicated." The agencies so named were EPA, HEW, and DCE. There is no suggestion that NRC is to be subject to direction by EPA; on the contrary, EPA is given aporepriate instructions only to "make every effort" to obtain all perti-r.cnt radiation data fron NRC.
While NRC undoubtedly has and will continue to take into account the monitoring and data collection efforts of sister agencies, there is nothing in the Memorandun that would restrict the authority or discretion of the Cornission to determine what information is needed in order for it to carry cut its licensing and regulatory responsibilities, or the mar.ner in which such infornation is to be obtained.
Original sicned by H. K. Shaper Howard K. Shapar Executive Legal Director cc:
Chairran Hendrie Commissioner Kennedy Commissioner Bradford Ccnmissioner Ahearn SECY R. f!irogue OGC PE Distribution HKShapar NRR MMalsch SD JWolf IE EDO R/F NMSS ECO CON LGossick MPA OELD RES i
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arr,ca w See attach d_,yel l _ow DATS W NBCPCEM 318 (9 76) NRCM 0244 W u.s. e s v e === = =, e=mme one,c e s s e t e - a o s - v e.
w Cor.r.issioner Gilinsky III. Role Under the l'enorandua The Watson itemorandun is addressed only to the Administrator cf the Environmental Protection Agency and the Secretaries of Energy and Health, Education, and Welfare. Moreover, in specifying the functicns to be perforced, Mr. Watson states that he is "asking each of the agencies named below to continue to meet the responsibilities indicated." The agencies so nared were EPA, HEW, and 00E. Tnere is no suggestion that flRC is to be subject to direction by EPA; on the ccntrary, EPA is given appropriate instructions only to "make every ef fort" to obtain all perti-nent radiation data frce !!RC.
Uhile fiRC undoubtedly has and will continue.t'o take into account the nonitoring and data collection efforts of sister agencies, there is nothing in the l'enorandum 'that would restrict the authority or discretion of the Comission to detemine what infornation is needed in order for it to carry oct its licensing arid regulatory responsibilities, or the manner inwhichsuchinformationisthbeobtai:1ed.
N Howard K. Shapar Executive Legal Dircctor cc: Chaiman Hendrie Corr!issioner Kennedy
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