ML19224D689
| ML19224D689 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 06/28/1979 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | Randolph J SENATE, ENVIRONMENT & PUBLIC WORKS |
| Shared Package | |
| ML19224D690 | List: |
| References | |
| NUDOCS 7907160112 | |
| Download: ML19224D689 (3) | |
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UNITED STATES COM
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NUCLEAR REGULATORY COMMISSION pgg:
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?., W 9 [ cj June 28, 1979 CHAIRMAN The Honorable Jennings Randolph, Chairman Co cittee on Environr.ent and Public Works United States Senate Washington, DC 20510
Dear Mr. Chairman:
inis is in response to the letter of Mey 25, l!79 from the Committee on Environ-ment and Public Works in which the Cocrittee as ked the Commission to review its authority to approve operational decisions at Three Mile Island and at any other damaged reactors in the future.
The Committee also requested informa-tion concerning legal authorities and regulatory procedures "that ensure public participation. the examination of alternatives to the action proposed by the licensee, and consultation with State officials in the post-eccident decision-makin; process."
The Co~ mission regards its general supervisory authority under the Atomic Energy Act as sufficient to enable us to require NRC approval of ail signi-ficant decisicns made during the recove.'y and cleanup period following an accident at a power reactor.
In particular, Section 161b. of the Act author-izes the Commission to " establish.. by order, such standards and ins truc-tions to govern the possession anc use of special nucleat material, source raterial, and byproduct material as the Commission may deem necessary or cesirable to protect health or to minimize danger to life and crocerty."
'se vies; this provision as giving the Commission ample power to order a licensde to ontain Commission approval prior to any action significantly involving radiation nealth and safety.
Although the situation has not arisen at Three Mile Island, circumstances are conceivable in which promp* construction and operation of new equipmunt not covered by the facility license, newly designed decontamination facilities for example, miant be r.ecessary to reduce health hazards and assure continued safe soutdown at a camaged facility.
In such emergency circumstances the Co~ais-sion believes it has implied authority to order, effective immediately, that equip.~ent be built and operated; and may conduct license amendnent proceedings v.hile, and af ter, the ordered action takes place.
.;ever, clarifying legis-iation mignt be cesirable on this point.
Therefore, the Connissiot belieses tnat it might be cesirable if Section 189 were to be amended to state ex-plici tly that the Comission may issue an immediately effective license ar.end-rent u;on a finding that oubli_ health anc safety or ccomon defense and security so recuires.
Sucn an amendment would not interfere with en inter-estec ;erscn's rignt to recuest a nearing at which the Cor:nission's action wo.ic be revie.ce: at i later time.
. e have cnclosed language for an amend-rent tc Sectiu-159a. of tne Atomic Cr.crgy Act which WUJld Clarify thia point.
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Tne Honorable Jennings Randolph 2
.lith regard to your question about publ'c participation, examination of alter-na.ives, and consultation with State officials, Section 189 of the Atomic Energy Act, ircoses notice and hearing requirements when a post-acciden.
e:ision involves a license amer.dment involving a "significant hazards consideration." Also, the National Environmental Policy Act requires the SRC to consider environmental impacts and alternatives when NRC approval of an environmentally significant proposal by tne licensee is contemplated.
These statutory requirements are implemented in the Commission't reg ul a-tions at 10 CFR Parts 2 and 51.
The Cormission intends to provide for substantial participation by the public an: State officials in its Three Mile Island post-accident decisionmaking.
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"a; 25,1979 tne Commission issued a statement directing the NRC staff to orepare cn Environmental Assessment (an appraisal of environmental effects of
'.RC actions te decide whether a NEPA impact statenent is requ'. ret -- see 10 CFF 51.7) regarding proposals to decontaminate and dispose of radioactively cor,taminated waste water from inree Mile Island.
The Comrission's statement cirected that operation of the proposed dec itamination system should not te;in until the public has had an opportuni; to comment.
The Cornission is well aware of the pub'ic coi.t_rn which tne Three Mile Isiand ac:icent has occasioned.
Thus, as other important stages in the cleanup at Three 'Kile Islana become ripe for decision, the Comnission expects to provide for participation by interested members of the public, including State and local officials, to the maximum extent practicable.
- hope you find this letter responsive to vou questions.
I shall be happy to crc cide.thatever further information you ray require.
Sincerely,
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N A-Joseph M. Hendrie Encicsure:
Draf t Amendment T' e Honorable Robert T. Staffcrd r
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Tre Honorable Gary Hart Tne Honorable Alan Sirpson
Add at end
.f s 189a. of the Atomic Energy Act of 1954, as amended, the followinc new sentence:
Nothing in this Act shall be deemed to preclude an amendment to a license fror being made effective prior to any notice or hearing if the Conmission determines that an immediately effective amendment is necessary to protect the public health and safety or the cor on defense and security,
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