ML19210B983

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Interim Statement of Policy & Procedure Re Licensing Proceedings
ML19210B983
Person / Time
Site: 05000471
Issue date: 10/04/1979
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To:
Shared Package
ML19210B978 List:
References
NUDOCS 7911130112
Download: ML19210B983 (3)


Text

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U.S. NUCLEAR REGULATORY COMMISSION INTERIM STATEMENT OF POLICY AND PROCEDURE AGENCY:

U.S. Nuclear Regulatory Comission ACTION:

Statement of Policy

SUMMARY

Ihe March 28, 1979 accident at Unit No. 2 of the Three Mile Island nuclear plant is being investi-gated by the Nuclear Regulatory Comission and a number of other bodies.

These investigations may result in significant changes in the Comission's regulatory policy and in the procedures it employs to license nuclear power facilitics.

The Comission is currently consicering a range of options dealing with the extent to which its regulatory structure should be modified during the pendency of the investigations.

This statement is being issued to clarify the Comission's previously announced policy decisions on how licensing proceedings should be conducted while the Comission considers changes in the procedures by which it exercises supervision over adjudicatory licensing decisions.

The Commission has determined that new construction permits, limited work authorizations, or operating licenses for any nuclear power reactors shall be issued only after action of,the Comission itself.

The Comission will shortly decide the procedures 7 -,

}3k9 by which its further action will be taken.

In 7911180 2-gg

2 these circumstances no full adjudicatory decision which authorizes issuance of such a permit, authori-zation or license shall be issued by an Atomic Safety and Licensing Board except after further order of the Comission itself.

However, all other adjudicatory proceedings including enforce-ment and license amendment proceedings may continue.

Further, the issuance of appellate decisions and partial initial decisions may also continue.

The Comission's staff should continue its present policy of informing the Comission, NRC licensees, and NRC apolicants of staff's views on the inplica-tions of the Three Mile Island accident in general and on what corrective or preventive actions are called for in specific cases as a result of its analysis of the accident.

In particular, this means the staff is authorized to proceed with licensing reviews and present evidence on the implications of the actident for resolution of proceedings now before Atomic Safety and Licensing Boards.

Of course, staff is free to conclude on a case-by-case basis that further consideration is required before it is prepared to speak to a particular issue or in a pacticular proceeding, and it may appropriately comunicate any such 1319

3 conclusion to the Comission's adjudicatory boards.

The Comission views these measures as necessary to preserve the status quo without undue disrup-tion to lictnsing proceadings now underway.

The Commission has received petitions from appli-cants in the Black Fox ard Skagit proceedings requesting issuance of directives on the future conduct of those proceedings. This statement is intended to serve as the Comission's interim response to those requests.

Final responses must await the Comission's generic policy decision on licensing.

Yer the Cov.ir ion b

file f

S t.i"JF.T. 7.

CHII.K Secretary

>f the Commission Deted at Washington D. C.

this 4th day of October 1979 1319