ML19256E876

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Responds to Opposing Facility.Explains NRC Authority & Reponsibility.Nrc Cannot Close Nuclear Plants for Reasons Not Mandated by Statute
ML19256E876
Person / Time
Site: Seabrook  NextEra Energy icon.png
Issue date: 10/25/1979
From: Rubenstein L
Office of Nuclear Reactor Regulation
To: Mansfield S
AFFILIATION NOT ASSIGNED
Shared Package
ML19256E877 List:
References
NUDOCS 7911150467
Download: ML19256E876 (1)


Text

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Docket Nos: 50-443 and 50-444 Ms. Sally Mansfield 56 Lexington Street Burlington, Massachusetts 01803

Dear Ms. Mansfield:

Your letter of March 30, 1979 has been referred to this Office for reply.

You indicate your opposition to continued development and use of nuclear power.

We believe that you may attribute authority and responsibility to the Nuclear Regulatory Comaission that it does not have.

The Nuclear Regulatory Commission is responsible for the licensing and regula-tion of nuclear reactors in accordance with the statutory requirements of the Atomic Energy Act of 1954 as amended. It is responsible for issuing licenses if there is no undue risk to the health and safety of the public.

It does not have authority to arbitrarily stop issuing licenses as a means of implementing proposed national policies based on preference, e.g., non-expansion of electric generating capacity and universal use of alternative energy sources.

The Comaission also has the responsibility of implementing the requirements of the National Environmental Policy Act of 1969 within its scope of licensing responsibility. Agair, this Act does not authorize the Comnission to implement proposed national policies. Rather, it must determine that the requirements of NEPA are satisfied prior to each major licensing action.

In summary, the Comnission does not now have the authority or obligation to shut down nuclear generation capacity, for reasons other then those that are mandated by the applicable statutes. As an example, the choice of means for financing construction cannot be dictated by the Comaission, even though it must find the applicant to be financially qualified.

Sincerely,

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Lester ~S. Rubenstein, Acting Chief Light Water Reactors Branch No. 4 Division of Project Management 1335 350 g 011150 g '

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