ML19294B393

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Responds to Questioning Jurisdiction of NRC to Regulate Facility & Requesting Hearing Prior to Issuance of Low Power Testing License.Nrc Has Authority to Regulate Nuclear Power Plant Operation Under 1954 Atomic Energy Act
ML19294B393
Person / Time
Site: Sequoyah Tennessee Valley Authority icon.png
Issue date: 02/11/1980
From: Rubenstein L
Office of Nuclear Reactor Regulation
To: Phillips R
AFFILIATION NOT ASSIGNED
Shared Package
ML19294B394 List:
References
NUDOCS 8002280286
Download: ML19294B393 (2)


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FEB 11 1980 Mr. Richard Phillips 2113-A Acklen Avenue Nashville, TN 37212

Dear Mr. Phillips:

Your letter to the Nuclear regulatory Commission, received January 25, 1980, has been referred to me for response.

Your letter questions the jurisdication of the Commission to regulate nuclear power plant operation by Tennessee Valley Authority and requests that a hearing be held prior to issuance of a low power testing license for Sequoyah Nuclear Plant, Unit 1, under consideration by the Commission.

The Nuclear Regulatory Commission has jurisdiction to regulate all aspects of nuclear plant operation by TVA under authority granted to the Commission in the Atomic Energy Act of 1954, as amended.

The Commission's Office of Inspection and Enforcement sends inspectors to each nuclear plant to determine compliance with all Commission safety rules, regulations, and orders. Sequoyah Nuclear Plant has been assigned an NRC resident inspector who will work full time at the Sequoyah site to assure compliance with regulations and provide consultation on safety matters.

Regarding your request for hearing, a notice of opportunity for a hearing on the TVA application for an operating license for the Sequoyah Nuclear Plant was published in the Federal Register on March 25, 1974 (39 F.R. 11131).

A copy of that notice is enclosed. Under the terms of the notice, petitions for leave to intervene were to be filed by April 25, 1974. The notice also stated that a petition for leave to intervene which was not timely filed would not be granted unless it was determined that the petitioner had made a substantial showing of good cause for failure to file on time, and after consideration of the factors specified in 10 CFR 2.714(a)(1)-(4) and (d),

of the Commission's Rules of Practice.

I am enclosing a copy of the Commission's Rules of Practice contained in 10 CFR Part 2, for your use, in the event you desire to formally petition to intervene and request a hearing.

I recommend that you read Appendix A to 10 CFR Part 2 for a general understanding of the practice and procedure governing Comnission proceedings.

s002280 28C

FES 11580 Mr. Richard Phillips

  • Issuance of a low power testing license is a standard practice of the Commission prior to approval of a full power operating license. Therefore, the low power license proposed for Sequoyah, Unit 1, is not the first of its kind as you indicated in your letter. Further, it should be noted that a full power opera-ting license is not now proposed or under consideration by the Cocmission.

If you have further questions regarding this matter, you may contact Carl R.

Stahle at (301) 492-8474.

Sincerely,

' :.y e

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2 L. S. Rubenstein, Acting Chief Light Water Reactors Branch No. 4 Division of Project Management

Enclosure:

As stated