ML19220C751

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Recommends Postponing Determination of Extraordinary Nuclear Occurrence at TMI Until End of Accident & Assessment of consequence.Price-Anderson Questions Should Be Delayed
ML19220C751
Person / Time
Site: Crane Constellation icon.png
Issue date: 04/03/1979
From: Bickwit L
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To: Gilinsky V, Hendrie J, Kennedy R
NRC COMMISSION (OCM)
References
NUDOCS 7905140166
Download: ML19220C751 (1)


Text

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o UNITED STATES 8

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WASHINGTON. D C. 20555

  • %..... af April 3, 1979 MEMORANDUM FOR:

Chairman Hendrie Con 11ssioner Gilinsky Commissioner Kennedy Commissioner Bradford Commissioner Ahearne kleonardBickwit, Jr., General Counsel FROM:

SUBJECT:

POSSIBLE DETERMINATION OF AN EXTRA 0RDINARY NUCLEAR OCCURENCE (ENO) AT THREE MILE ISLAND With regard to the April 2, 1979, paper from the Director of NRR and the Executive Legal Director on the above subject, we concur that 10 CFR 140.32 should be read as not requiring a Federal Register notice at this time.

On the basis of I

facts now available to us, we believe that any determination concerning an ENO should await the conclusion of the accident and an assessment of its offsite consequences.

We do not reccamend that the Ccamission meet at this time to consider Price-Anderson questions.

Our office is examining these questions and will coordinate with NRR, ELD, and OPE, with the intent of preparing a substantial paper setting out the applicable statutory provisions, our regulations concern-ing the ENO determination, and the options available to the Commission together with their legal and policy implications.

We would recommend that, once this paper is prepared, a meet-ing should be scheduled to consider these matters in depth and decide upon a course of action, cc:

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