ML19254D528
| ML19254D528 | |
| Person / Time | |
|---|---|
| Site: | Green County  |
| Issue date: | 09/13/1979 |
| From: | Harold Denton Office of Nuclear Reactor Regulation |
| To: | Parnes M FRIENDS OF THE EARTH |
| Shared Package | |
| ML19254D524 | List: |
| References | |
| RTR-WASH-1400 NUDOCS 7910260244 | |
| Download: ML19254D528 (2) | |
Text
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C WASHINGTON, D. C. 20S55
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SEP 131979 E':'.
Mr. Mark Parnes Legal Researcher Friends of the Earth 124 Spear San Francisco, California 94105
Dear Mr. Parnes:
Thank you for your letter of March 8,1979 regarding the Statement of Policy by the Nuclear Regulatory Commission on the Reactor Safety Study, dated January 19, 1979, ar.d its effect on the adequacy of the FES on the Greene County Nuclear Power Plant, as well as impact statements for eight other nuclear power plants listed in your letter.
As you are undoubtedly aware, the request for the construction permit for the Greene County facility has been withdrawn. This development, of course, obviates your concern in regard to Greene County. The Comission believes, however, that the general question you have raised regarding consideration of Class 9 accidents during licensing of nuclear facilities deserves discussion.
First, you should recognize that the Review Group on WASH-1400 did not identify any new or previously unknown risks. What the Lewis Group has told us is that the," measurement" of effectiveness of our regulatory system, as reflected in the overall risk estimates of the Reactor Safety Study, is much less precise than had been> asserted. The Lewis Group did not conclude that the overall risk estimates were higher or lower than reported in WASH-1400, although they specu-lated on possible factors in both directions. Rather, the Group concitded that the error bands on those estimates were substantially larger than had been reported. On that account, they recomended that the overall risk estimates of WASH-1400 should be used with great caution - "shculd not be used uncritically" were their words -- in the regulatory rocess or for public policy purposes.
We have accepted and are implementing with vigor that recomendation as well as the other findings and recomendations of the Lewis Group.
Because it is 'usuclly not reasonably possible to determine totally the impact of all actions which affect the environment, the implementation of NEPA has been governed by a " rule of reason." NRDC v. Morton, 458 F.2d 827 (D.C. Cir.1972).
Consistent with the rule of reason, the Comission may find that the probability of some occurrences is so minimal that they do not warrant the detailed dis-cussion otherwise required by NEPA. The Commission's policy has been to treat a Class 9 accident as such an occurrence. The ratiorgtle underlying this position has been affirmed in Carolina Environmental Study Group v. AEC, 510 F.2d 796, 799 (D.'C. Cir. 1975).
~'O 250 7 9102 6024-f
Mr. Mark Parnes '
The Commission's views on c:rsideration of Class 9 accidents are not, however, irrevocably set.
It is possible that the results o.f the analyses of the Thrsa Mile Island accident now underway may affect the Commission's position on how the licensing process should consider the environmental' risk of Class 9 acci-dents. The question of whether the Three Mile Island accident should be considered a Class 9 accident has been raised by the Atomic Safety and Licensing Board in the matter of the Salem Nuclear Generating Station Unit 1 Spent Fuel Pool Expansion. The Commission also has before it an adjudicatory proceeding which directly presents the issue of possible consideration of Class 9 accidents in connection with environmental analysis of floating plants. The Commission's Siting Policy Task Force is considering whether the possibility of Class 9 accider.ts suggests the need for change in the Commission's overall policy on siting of power reactors. Also, the joint NRC/ EPA Task Force on Emergency Planning is considering the Class 9 accident from the perspective of energency plannt..g.
Should any of the above activities lead to a major change in the NRC policy regarding environmental consideration of Class 9 accidents, we shall inform you promptly.
Sincerely, Harold R. Denton, Director Office of Nuclear Reactor Regulation
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