ML19208D175

Responds to Expressing Dissatifaction w/Price- Anderson Act.Describes Price-Anderson Act.Repeal of Act Must Be Handled by Congress

ML19208D175
Person / Time
Site:	Big Rock Point File:Consumers Energy icon.png
Issue date:	08/06/1979
From:	Engelhardt T NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	James R AFFILIATION NOT ASSIGNED
References
NUDOCS 7909280083
Download: ML19208D175 (4)

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UNITED STATES 5.. )s,

'i NUCLEAR REGULATORY COMMISSION j

WASHIN( ton, D. C. 20555

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AUG 6 1979 Docket No. 50-155 Mr. Robin James P. O. Box 873 Petoskey, Michigan 49770

Dear Mr. James:

With regard to your letter to Senator Carl Levin which has been referred to us for reply, we are pleased to provide you with the following information.

Under the Price-Anderson Act (Public Law 85-256, as amended 42 USC 2211) there is a system of private funds and gcvernment indemnity totalling up to $560 million to pay public liability claims for personal injury and property damaga resulting from a nuclear incident. The Act, which was passed in 1957 and extended in 19'S for ten years until 1977 and again in 1975 for an additional ten year period until July 31,1987, requires licensees of commercial nuclear power plants having a rated capacity of 100,000 electrical kilowatts or more to provide proof to the NRC that they have financial protection in the form of private nuclear liability insurance, or in some other form approved by the Commission, in an amount equal to the maximum amount of liability insurance available at reasonable cost and on reason-able terms from private sources. That financial protection, presently $495 million, is comprised of primary private nuclear liability insurance of $160 million available from two nuclear liability insurance pools, American Nuclear Insurance (ANI) and Mutual Atomic Energy Liability Underwriters (MAELU) and a secondary retro -

spective premium insurance layer. In the event of a nuclear incident causing damages exceeding $160 million, each commercial nuclear power plant licensee would be assessed a prorated share of damages in excess of the primary insurance layer up to $5 million per reactor per incident but not in excess of $10 million for each reactor in any year. With 67 commercial reactors operating under this system, the secondary insurance layer totals $335 million.

The difference of $65 million between the financial protection layers of $495 million and the $560 million liability limit is the present government indemnity level.

Government indemnity will gradually be phased out as more commercial reactors are licensed and licensees participate in the retrospective premium system. At the time the primary and secondary financial protection layers by themselves provide liability coverage of $560 million, government indemnity will be elimi-nated. After that point, the liability limit would increase in increments of $5 million for each new commercial reactor licensed without any cap on the limit.

' As you know, any matter relating to the repeal of the Price-Anderson Act is for the Congress of the United States.

790928o033 1051 322

. With respect to your request for a public hearing for Big Rock Plant, I call your attention to a notice published in the Federal Register on July 23,1979 (44 F.R.

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43126 - copy enclosed) wherein the public is advised of a proposed amendment to the Big Rock operating license to allow the addition of three racks with a closer center-to center spacing of spent fuel assemblies in the facility's spent tuel pool with a resultant increase in the storage capacity from 193 to 441 fuel assemblies.

Pursuant to said notice, any person whose interest may be affected by the proceeding may file a request for a hearing in the form of a petition for leave to intervene by August 22, 1979.

If we may be of further assistance, please contact us.

Sincerely,,

ll f.

' -f Thomas F. Engelhardt Deputy Executive Legal Director

Enclosure:

As stated cc: Senator Carl Levin 1051 323

P00R BR n u 43126 Federal Renister / Vol. 44. No.142 / Mondar. July 23. 1979 / Notices l

CEPARTMENT OF JUSTICE urgency of that use justifying early the NRC sponsored research on the release. und pruviding the assurance safety of adsanced reactor designs.

to Lsw Enforcement Assistance required by limitation (c) abos e. NCilSS in accordance with the procedures l'

Adm.nistration will be the final judge of the ments of outlined in the Federal Register on U

each request for unpublished data.

October 4.1972 (43 l'R 45926), oral or R

Benjamin ll. Renshaw, wntten statements may be presented by C

National Criminal Justice Information and Statistics Service; Statement of Actin Assistant Admimstrator.Nationo/

members of the pubhc. recordings will Policy Cnminal/ustice Information endsteristics be permitted only durmg those portions 8;

C-11is the intention of the Law Service.

of the meetmg when a transcript is being

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It kept and questions may be asked only Enforcement Assistance Administration p on. n-usae rw.m m e ss.=1 '

by members of the Subcommittee.its I'

to make all data and information from swao em mo is-u si consultants. and Staff. Persons desiring survevs. censuses, studies and reports

-- to make oral statements should notify a

spons'ored by NCllSS available to all interested parties upon completion and NATIONAL FOUNDATION ON THE Jhe Designated Federal Ernployee as far in advance as practicable so that venfication of routine statistical ARTS AND TPE HUMANITIES procedures related to the data to be appropriate arrangements can be made released. It is also the intention of LEAA Media Arts Advisory Panel; Meeting to a!!ow the necessary time during the fI meetirg for such statements.

to be in compliance with Directive No. 4.

Pursua t to s. cHon 10(a)(2) of the The agenda for subject meedng shall e

" Prompt Cumpilation and Release of Federal A mory Corn atee Act (Public be as follows:

Sta tistical Information" contained in the I

hw 92-463h as ames A nohce is TuesJoy. August 7.1979. B.30 a.m.

Stat:stical Policy llandbook issued Af ay.

t 1978 by the Office of Federal Statistical Weh g h a me d Me y,,ff,3, gy,cfy,,,,,7 3y,j,,,,,

A!cdia Arts Panel (Aid to Film / Vide The Subcommittee may meet in Pchey'and Standards of the Department Section) will be held August 6 and 7.

Executive Session, with any of its of Commere. and with LEAA regulations 193. from 9.00 a.m. to 5:30 p.m. in room consultants who may be present, to govermng confidentiality of research U8 u bia Plaz 2401 E Street, y

explore and exchange their preliminary and staastical data (28 CFR Part 22) which imp!cment Section 524(a) of opininns regarding matters which should Crime Control Act of 1973. as amended.

This meetmg is for the pu pose of be considered during the meeting and to Panel review discussion.. evaluation.

formulate a report and The necessity for a data release policy and recommendation on app!ications for recommendations to the full Committee. '

has arisen from the expressed need for 8"

ss ce der h Nabonal data by cnminal justice officials and Mth M h & Esth n

n9 Session, the Subcommittee will hear researchers pnor to NCilSS issuing Ilumanities Act of 1965. as amended.

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enher a final or advance report presentations by and hold discussions I

including discussion of information containma the data being requested.

given in conf dence to the agency by w th representatives of the NRC Staff a

This policy pertains exclusively to and their consultants. pertinent to the statistical senes that produce non-

{ ant applicants In accordance with theabove topics. The Subcommittee may individually identifiable data.

e{m nfi "

then caucus to determine whether the n =

c ster of matters identified in the initial session Therefore, m order to promote the Alarch 17.1977. these sessions will be have been adequately covered and early release of unpublished data t closed to the public pursuant to users who need the data for legitimate subsection (c) (4). (6) and (9)(B) of whether additional meetings on this pohey analyses. research and planning sectica 532 of Title 5. I'.ited States We w neenary.

purposes. it is the expressed pohey of Coda Further information regarding topics LEAA and NCi!SS that tabulated but 3.F$ther informahon wh reference to to be discussed. whether the meeting unpubbsned data from statistical efforts has been cancelled or rescheduled. the sponsored by NCllSS may be relea sed

'y]'h"E Chairman's ruling on requests for the

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d to institutional or indisidual data users pp rtunity to present oral statements Af anagement Officer. National upon request as soon as they become and the time allotted therefore can be Endcwment for the Arts. Washington, available. subject only to the following btained by a prepaid telachone call to D.C. 20506. or call (202) 634-5070.

Od30088' the DH.uted Federal Employee for John H. Clark, (al the tabulations to be released have this meeting. Dr. Richard Savio U '

( fo f (telephone 202/634-3207) between 8:15 baen senfled to the satisfaction of NC"!SS O o f

e and the colkction/ana!pis agency or a.m. and 5.00 p.m EDT.

uroni:ation:

Julyto.1979.

th' the acquisition of the data by the Int Doc. s-usss rit.e r-:o-m s es am Mn C. Hope.

reushng user will not. in the opinio, of siwNo coot rssr.oi-u

.,CitSS. bestow special benefits, adv.antage A&isory Committee Afanagennt Officer.

or c;ortunity on that user-p em o r.w.o-oms m f,c: the requestirs mer agrees that there DEPARTME!4T OF ENERGY swho cooe isn-o'-u w... ::e no fema! reie.sse or publication of the u.ca prior to NCfISS's final advance report IJuclear Regulatory Commission c:.n:.i:nmg tl at data.

Adviscry Comrnittee on Reactor (Docket No. 50-1551 The procedure to be followed by Safeguards subcommittee on NC11SS in approvmg such early re! ease Advanced Reactors; Meceting Consumers Power Co.; Proposed of data will require a wntten regnst for The ACRS Subenmmittee on issuance o Amendment to Fac !;ty Operati License either individual users or for classes of Adsanced Reactors will hold an cpening use s that willinliicate the mannerin meeting on Au;ust 7.1979 in Roo a 1046.

.e (Jnited State Nuc! car Regulatory w h.cn the data are to be used, the 171711 Street. N.W., Washm;, ton. DC to ummission (the Commission) is continue its review of matters related to considering issuance of an amendment l

s I 1051 324 i

Federal Rettister / Vnl. 44. No.112 / Monday. July 23. 1979 / Notices 43127 t

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l to racihty Operatmg License No. DPR-4, admitted as a party may amend the Atumic Safety and Licensing Dolird

! rsurd to Consumers Pmver Cornpany petition without requestirm h ave of the doignated to rute on the pttition and/or I

floard up to fifteen (15) days p-ior to the request. that the petitioner has made a l lihe licensee), for oper:. tion of the Dig Rock Point Plant Ithe f acihty) located in first prehearing conference se hedu!cd in substantial showmg of;; cod cause for

- Char!evoix County. Shchigan.

the proceeding. but such an amended the granting of a late ptation and/or The amendment as proposed would petition must satisfy the specificity request. That determination will be allow the additien of three racks with a requirements descnbed above.

bastd upo.: a balancmq of the f..ctors c!oser center to-center spacin:t of spent Not later than fifteen 115) d+, pp to specified in 10 CFR 2.714(a)(i)-(*.') and

! fuel assembhes in the facdily's spent the f;rst prehearing conference 10 CFR 2.714(d).

fuel pool with a resultant increase in the scheduled in the proceeding, a petitioner.

For further details with respect to this storage capacity Ironi 193 to 441 fuel shall file a supplement to the petition to action, see the application for Prior to issuance nf the proposed,

intervene which must include a list of amendment dated June 2G.1979. and the assemblies.

the contentions which are sought to be supporting safety and ensironmental license amendment. the Commission litigated in the matter and the bases for analyses submit'ed by the licensce's will have made findings required by the each contention set forth with Ictter dated April 23.1979. which are Atomic Energy Act of 1954, as amended reasonab!c specificity. Contentions shall availabie for public inspection at the (the Act) and the Commission's be limited to matters within the scope of Cornmission's Public Document Room.

the amendment under consideration. A 1717 li Street. N.W., Washin; ton. D.C l regulations.

By August 22.1979. the licensee may petitioner who fails to file such a and at the Charle cix Public Library, t

file a request for a heannq with trapect suppicment which sahsfies these 107 Clinton Stree. Charlevoix. Michipn 3

to issuance of the amendment to the requirements wi'h respect to at ! cast one 49720.

subject facihty operating licenso and contention will not be permitted to DAed at Pethesd 2. ht.iryland this 17th of I eny pctson whose mterest may be participate as a party-July.1979.

I affected by this precceding may file a Those permitted to intervene become for the Lcle ar Regulatory Commission.

request for a heanng in the form of a parties to the proceeding, subject to any Richard D. Silver, i petition for lease to mtervene with limitations in the order granting ! cave t

.icrire Chic ( Cremtive Reactm 9 conch s2.

respect to the issuance of the intervene, and have the opportunity t Didon c/ Orcrc:.'hy Renctors.

! amendment to the subject facility participate fully in Se conduct of the

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cperatina license. Requests for a hearing hearing, including 'he opporturnty to

""O" and petitions for Icuve to intervene shall present evidence and cross-examine be filed in accordance with the witnesses.

g IDockets Nos. 50-269,50-270 and 50-2871 Commission s 'Reles of Practice for A request for a hearing or a petition Domestic Licensmg Proceedmgs" ir: 10 for leave to intervene shall be filed with Duke Power Co.! Issuance of CFR Part 2. If a request for a heanng or the Secretary of the Commission. United Amendments to Facility Operating a; petition for leave to intervene is filed by States Nuc! car Regulatory Ccmmissiom Ucenses I the above date. ihe Commission or an Washington. D.C. 20555. Attention:

Atomic Safety and Licensing Board.

Docketing and Service Section, or may ne U.S. Nac! car Regulatory t designated by the Commission or by the be delivered to the Commission's Public Commission (the Commission) has Chairman of the Alomic Sciety and Document Room.1717 H Street. N.W Issued Amendments Nos. 74. 74 and 71 i Licensmg Board PancL will rule on the Washington D.C. by the above da'e.

to Facility Opercting Licenses Nos.

I ' re';uest and/or petition and the Where petitions are filed dur:n2 tha last DPR-33. DPR-47 and DPR-55.

j Secretary or the designated Atomic ten 00) days of the notice period. :t is resgctnely, issued to Duke Power

' Safety and Licensmg Board willissue a requested that the pctinoner or Company (the licensee), w hich revised

nonce of heanng or an apprepnate representative for the petitioner Technical SrecGcations for operation of i order.

promptly so inform the Commission by a the Oconce Nuc! car Station. Units Nos.

As required by 10 CFR 2.714. a toll. free telephone call to Western

1. 2 and 3. located in Oconce County.

etition for leave to intervene shall set Union at (800)-325-6000.ne Western South Carolina. The amendments are forth with particularity the interest of Union operator should be given effective as of the date of issuance.

the petitioner m the proceding, and how Datagram Identification Number 3737 The amendments revise the Technical that interest may be affected by the and the following message addressed to Specifications by redesignating the

,t results of the proceeding.The petition Dennis L Ziemann: petitioner's name inspection category of hydrauhc shock

! should specifically explain the reasons and telephone number; date petition suppressor 2-130. deleting hyd aulic l why intervention should be permitted was mailed: plant name: and publication suppressors replaced by mechamcal with particular reference to the date and page number of this Federal suppressors, and making error fdlowing factors:( ) The nature of the Register notice. A copy of the petibon corrections and other mmor changes.

i

! ;eht:anet's right under the Act to be should also be sent to the Executive ne app!ication for the amendrrents l P.ade a party to the proceeding:(2) the Legal Director. U.S. Nuclear Regu!.; tory comp!ics with the standards and

{ tatura and extent of the petiooner's Commission. Was' ingtom D.C..'G553.

requirements of the Atomic Energy Act

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perty, financial, or other mterest in and to Judd L Dacoa. Esquire.

of int. as amended (the Act). and the de proceeding: and p) the pos oble Consumers Pcwer Company. 212 West Commission's rules and regulatons.ne i

'"ect of any order which may be Michigan Avenue. Jackson. Michigan Com nission has made app'ropriate

{ entered in the proceeding on the 49201, attorney for the licensee.

findings as required by the Act and the ifhtioner's interest. The petioon should Nantime!y filings of petinens for leaven Commission's n.!cs and re :u!ations in 10 a.ss.dentify the specific aspect (s) of the to intervene. amended petitions.

CFR Chapter I. which are set f. nth in the

'-Mert matter of the proceedmg as to supplemental petitions and/or requests licrase amendments. Prior public notice wY.ci petitiener wishes to mrersene.

for hearing will not be entertained olthese amendments was not required lL y person who has filed a petition for absent a determination by the sin e the amendments do not involve a

.. ease to intervene or who has been Commission, the presiding officer or the sigm icant hazards consideration.

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i 1051 325 J

?JCnifeb Stafes Senale W A S HING TON.

D.C.

205I0 July 17, 1979 Mr. David L. Wiggington Environmental Project Engineer Nuclear Regulatory Commission Washington, D. C.

20555

Dear Mr. Wiggington:

Enclosed is a letter dated April 25, 1979 from a co ns tituent of mine, Robin James regarding the Price-Anderson Act.

I would appreciate your close attention to the matter and your prompt reply.

I would also appreciate'a copy of your. reply for my files.

Thank you very Ituch for your assistance.

Sincerely, Carl Levin CL/kmm Enclosure 1051 326

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