ML19309D540
| ML19309D540 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 03/27/1980 |
| From: | Singer L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Jordan W, Little L, Smith I Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8004100452 | |
| Download: ML19309D540 (5) | |
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- UNITED STATES f
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NUCLEAR REGULATORY COMMISSION
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March 27,1980egs To Attached Mailing List _
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In the Matter of Metropolitan Edison Company, et al.
(Three Mile Island, Unit 1)
Docket flo. 50-289
Dear Board Members and Parties:
In its " Supplement To NRC Staff Position On Need To Consider Class 9 Events,"
filed on March 21, 1980, the Staff referred to a paper that it had provided to the Commission on March 11, 1980 concerning the future treatment of Class 9 accidents under the National Environmental Policy Act.
See id. at 4 n. 6.
Enclosed you will find a copy of that document, which is entitled " Accident Considerations Under f4 EPA" and numbered SECY 80-131.
I have also enclosed a copy of a Federal Register notice of a proposed r'ule concerning " Physical Protection of Plants and Materials; Access Controls to fluclear Powerolant Vital Areas." 45 Fed. Reg.15937 (fMrch 12,1980).
Sincerely, Y.
(h[}&(
t Lisa N. Singer Counsel for NRC Staff Enclosures (1) Attached ftailing List (2) SECY 80-131 (3) 45 Fed. Rs. 15937 8004100 Q
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UtlITED STATES OF Al* ERICA NUCLEAR REGULATORY COMMISSION p
BEFORE THE ATOMIC SAFETY AtlD LICEi! sit;G BOAP.0_
.In the Matter of
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METROPOLITAN EDISON COMPANY,
)
(Three Mile Island, Unit 1)
)
}9 MAILING LIST 4
r isman & Weiss omi 5
- t. &
bensing Board Panel y
U.S. Nuclear Regulatory Commission Suite 505 Washington, D. C.
20555 Washington, D.C.
20006 Dr. Walter H. Jordan Mr. Steven C. Sholly i.
881 W. Outer Drive 304 South Market Street 7
l Oak Ridge, Tennessee 37830 Mechanicsburg, Pennsylvania 17055-
]
Dr. Linda W. Little 5000 Hermitag? Orive Mr. Thomas Gerusky Raleigh, North Carolina 27612 Bureau of Radiation Protection Department of Environmental-Resources -
George F. Trowbridge, Esq.
P.O. Box 2053 Shaw, Pittman, Potts & Trowbridg.
Harrisburg, Pennsylvania 17120 1800 M Street, N.W.
Washington, D. C.
20006 Mr. Marvin I. Lewis-6504 Bradford Terrace Karin W. Carter, Esq.
Philadelphia, Pennsylvania 19149 505 Executive House
'P. 0._ Box 2357 Metropolitan Edison Company Harrisburg, Pennsylvania 17120 Attn: - J. G. Herbein, Vice President P.0. Box 542 Reading, Pennsylvania 19603 Honorable Mark Cohen 512 E-3 Main Capital Building
'Ms. Jane Lee i
Harrisburg, Pennsylvania 17120 R.D. 3; Box 3521 Etters, Pennsylvania -17319
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. h Walter W. Cohen, Consumer Advocate
. Holly S. Keck Anti-?,'uclear Group Representing Department of Justice York.
Strawberry Square,14th Floor Harrisburg, Pennsylvania 17127 245 W. Philadelphia Street York, Pennsylvania 17404 Hs. Karen Sheldon Sheldon, }!arnon, Roisman & Weiss-John Levin, Esq.
i I
1725 1 Stract,it.W.
Pennsylvania Public Utilities Cc :...
Suite 505 Box 3265 Washington, DC 20006 Harrisburg, Pennsylvania 17120 Ms. Frieda Berryhill, Chairman Jordan D. Cunningham, Esq.
Coalition for 'luclear Power Fox, Farr and Cunningham-4 Plant Postponement 2320 liorth 2nd Street 2510 Grendon Drivo Harrisburg, Pennsylvania 17110 Wilmington, Delaware 19808 Ms.KathyMcdaughin Three Mile Island Alert, Inc.
Atomic Safety and Licensing Appeal Board 23 South 21st Street 2
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U.S. fiuclear Regulatory Commission Harrisburg, Pennsylvania 17.104 Washington, D. C.
20555 Atomic Safety and Licensing Board Panel s.My{jorieM.Aamodt
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U.S. t;uclear Regulatory Commission Coatesville, Pennsylvania 19320 Washington, D. C.
20555 Senator Allen R. Carter Docketing and Service Section i
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e islative Committee on Enere; l
'a hin r
D o5 Post Office Box 10.
Suite 513 Senate Gressette Buildino Columbia, SC 29202 Robert 0. Pollard
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609 Montpelier Street Baltimore, Maryland 21218 Chauncey Kepford Judith H. Johnsrud Environmental Coalition on l'uclear Power 433 Orlando Avenue State College, Pennsylvania 16801 i
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s F4 der:I Register / V:1. 45. No. 50 / We6.esday, hfarch 12. 1980 / Proposed Rtdes 15937 storcgs incident thereto. The general access to part2cular types of vital areas areas.That is, eccess hsts to particular license is sdbject ta the app!: cable-will be issued a sertallynumbered vital areas have included anyone who provisfons of I! 70.32f a) and (b). 70.42, badae that displays a visible code might need uncsccried accesa to that 70.52. 70.55,70.61. 70.82 and 70.71.
indicating the level of access granted area regardiesa of the frequency or corresponding to the associated types of duration of the need.This was not the
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(c)Notwithstard n;any other vital areas desienated in the sacurity intent of ena remdations or nidelines.
provision of this chapter, tne duties of a plan. and (3) heensee procedures and/or in order to ceune more ciestly the general. licensee ender this section while equipment be used to assere that only criteria for vital area access contmls m possession of for m:la quantities of the authorized individual can gain and to put them into tne coefied strategic special naciear materie! or unescorted entry to a vital area on his/
regulations it is proposed to revise irradiated reactor fuel in the regular her authorization.
I 73.55(d)(7) and other applicable course of cama;;e for another or storage oATrs: Comments must be received on sections alcn:; the followingfencral,
incident thereto shr.!! be hmited to or before May 12.1980.
guidelines:(1) Access to,a vital area will providing for the physical protection of ADDRESSES Con:ments or suggestions be correlated to the need to have access such material against tnef t ce sabotare.
for consideration in connection with the to that area, and also will be limited to Unless otherwtse provided by this proposed amende:ents should be sent to the particular ti:n,e period that access is section. a general bcensee under this the Secretary of the Commission. U.S.
needed. (211ndividuals granted access to section is not subject to the NuclearRegulatory Commission, particular types of vital areas will be,
requitetnents of Part 19,20,70, and 73.
Washington, DC 20555. Attention:
issued a scrially nc=bered badge that Docketing and Service Branch. Copies of displays a visible code indicating the
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comments received may be examined at im! of access granted corresponding to
$ 70.20e [Amomsedl the Commission's Public Document the associated types of vital arcas
- 3. A new I 70.00afe)is added to read Room at 1717 H Street. NW.
designated in the security plan. (3)
I es follows-Washington, DC.
Ucensee procedures and/or egmpment I
FOR FURTHER INFORMAfloM CONTACTt (e) Any person who possesses T. S. Michaels. Safeguards Standards only the authorized indiv: dual can gain inadiated reactor fuel under this general Branch. Office of Standards unescorted entry to a vital area on his/
license shall:
Development. L.S. Nuclear Regula tory her key. key card. or other entry mcchanism.
(1) Assure that the transportation is in Ccmmission. Washington, DC 20555.
accordance with the applicable physical 301-4u-5903*
The amendments bei.g p-eposed are essentially these that the Commi:sion protection regeremgnts of i 73.37 of SUPPeLE MENTARY IN FORW ATION:The intended hcenstes to implement through Part 73 of this chapter: and reqirements fer access cont ols at vital present regulations and existmg (2) Comply with the raporting areas of nuc! car powerplants are in guidance. The pres:nt regulations, tryuirements of i 73J1 of Part 73 of this
% 73.55(d)(7) of to CFR Part 73.
howeser are notsa"ickntly trecific as chapter.
Supplementar" r"imnce :n this arm has to their i:uent.The proposes t gdation been developed end mtde available to (Secs. 53, ic1b.161i.1ct o. Pub. L 83-703.08 Stat. 930. retc. 949. 9':0 a s amended (u U.S C.
licensecs.*Ihis inch: ries Accaptance would provide the needed deg ee of speg:l;;;;y, 20r3. :20111 Criterien 5.B of the Sa uz:ry pun The ent:-ia beir g p oposed are Evaluatic Reper*. (SPER) Wor bmk-essentially those contained in a Nuclear
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Datad at Washingtcu. D.C. this 6th day of Ofuce of Nuclest Reactor Rer.:\\.arion g,g g Regulate: e Cc=ission Inspection and (NRR) Review Guidehne 21. and NRR Enforennent kiletin. IE Bulletin No. 79-for the Nuclear Reg 4atory Conm,sm,on-Resicw Guidelice er.3. Also. NRR. in 1G. " Vital Arca Access Controi" issued Samun! J. Chilk.
meetings with licensees in March 1977 July 28.1973. One criterion in IE Bulletin
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Secretaryof tbe Counmon.
to explain i 73.55 and provide No. 79-16 not included in the preposed in tw awns rn.n.nes q information on what an acceptable a'mendments is that harma to do with.
mus.o coct nn-o.ai secodly pkn shedd conLc. e@:r.ed trustwcrthmess of ecobucs.1.c a that positive com! ei cccets to a utal ccreenint prettam rec n.5: An.erican area consisted of two elements: first. m
- Na ticml Standa rds Institute IAN51]
10 CFR Part 73 order to be autheired access to a Standard. AN5f n17. Ir.dusmal Physical Protection of Plants and Particular vital area, tt.e perse Security for Nuclear Few erphats.This h Ve had the criterion is not inclu. led in the proposed Materiais; Access Controis to Nuc! car Powerplant U, tal Areas necessary backe ouno screemna and amendraen:s because the Commission a
have an established need to perform has under consideration. in anotner Act nCv: U.S. Nuclear Regulitary job-related functions in the area, and ru!cmakm; proceedine, both a proposed i
Commission.
second. that the e be c need to enter the rnatenal access autaanz.auon rale and ACTION: Preposed ruIc.
Vi!al area to perforu a specific function attema ve precrams for establishine a
i at a snecific ti:ne.
$UMMARY:The Commission is In tbe past. the determination of trustworthiness of employees at nuciear powerplants.
considering amendments to its which individuals have had access to 10 CFR 73.53[g)is also being amended regulations to define more clearly the various vital areas has been left up to to include access control equipment and 4
cirteria for personnel access controls for the licensee to implement within the all other security.related devices or nuc! car powerplant vital areas. The context of the regulation and guidelines equipment under the testir.g and controls would be. for the most part.
mentioned previously. Recent surveys of maintenance requirement.
proceduralin scepe and would require ope? rating nuclear power reactors have it is expected that the changes that (1) neceu authn :rition to a vital remled that ee e firram hw.
.muitW f-~~ tb c-a+a9 would
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l n.cca to tu..t ma u r.ng a p.u w.auar h..w uuu la uuu.a wr uuum:wns i.cenwe cua in.p. r cat wimut a major time period. (2) individuals granted individuals unescorted access to all vital moddication of the secunty or j
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'l5938 Federal Re tister / Vol. es. No. 50 / %dnesday, hfarch 12. 1980 / Proposed Rules t[ p H
cent.ngency plan. liowever, phas would the end of each access duraticn period Energy Conservation Han (43 FR 8452.
need so=e revising to :nclude the new not to exce+ d 31 d sys.
February 7.1921. Public hearines were requirements. These revisions would be (iil Exh indi'.idual g anted access to then scheduled fcr Atlanta. CA: New bandled as chanm tnat "do not vital areas shall be issued a sena!!y Ycrk. NY: Chica no. II; Dallas. TX: San decrease the safeguards e!fectiveness of numbered badge that displays a visible Francisco, CA: and m shington, D.C.
the p!an". min acccrdance wah 19 cede which in'i: cates Ge level of access ne purpose of this notice is to I.
CFR ;0.54fp) must be submitted to the granted correspone.cg to the assoc.ated schedule an addiUcnal public hearing en
-j l NRC withm 2 months after the revisions types of vital areas designated in the the proposed Stancby Federal are made.
secunty plan.
E=ergency Energy Conservatica Flan in l;
ne amendments,if approved, would (iii) Emergency access lists shall be Kansas City. ASssouri.The plan become effccth e 73 days after estabbshed and approved for each vital centains six (6) measures published as t
pub!I::atica in Se Federal Re;;ister.
area by the ensite individual respcasible an interint final rale and three (3)
The promu!g2 tion of the amendment for security (or equivalent) or his measures as propcsed rules. The
- I would not result in any activity that designated representative. Access government is desircus of public affects the environment. Accordindy, controls and wmtten procedures to cope comment on all the measures, as any the Commi33:en has deter =tned under with emergency conditions shall be may be selected or unposed by a J
the Nr.tional Envirenmental Policy Act, established.
governor or the President in the event of the Counct! of Environ = ental Quality (iv) Licensee procedures and/or a real or imminent energy supply,
1 guidelines, and the en:eria of to CFR equipment shall be established to assure shortage.They are:(1) Public 51.5(d)(3), that neither an environmental that only the authorized individual can information measure. (2) minimum impact statement or environmental gain unescorted entry to a vital area on automobile fuel purchase measure. (3) impact appraisal to support a negative his/her key, key card, or other entry odd.even motor fuel purchase measure, declaratics far the prorcsed mechanism.
(4) employer based commuter travel measure. (5) spaed limit measure. (6) amendmen!J to 10 CF3 Part 73 is required.
(g) Testing and maintenance. Each compressed wcrk week measure. (7)
Pursuant to the Atomic Energy Act of licensee shall test and maintain mandatory btalding temperature a5."reryy intrusion alarn's, eme~'ency alarms, restriction. (S) vehicle use sticker 1904. c 3 anunJe 8 1
Reornnitation A:: of 1974. vt amended, access control equipment, measure, and (5) recreational watercraft and scc:ica n3 ed Ti% 5 cf the United communicaticns eqtupment, physical measure.
j
- adoptwn ci u.o m.u amen imenta devices or equipment utdi:cd pt.rsuant 19E0. Leginning at 9:00 a.m., and States Code, nuace a acrcoy pen that barriers, and a;l other secunty.related DATIS: Additional HeJring: h! arch 26.
to Title 10. C::r <.
!. CeJe c. Fef cal to this section. as foliow3:
continuing on h! arch 27,1960 if f;
Regulation:. Pat 72 :s contemplated.
necessary. Requests to speak must be 1!
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(sect 2 ens tatt eto. Pub. L 83-ro3 M Stat.
received by DOE by 4:30 p.m. on Atarch y
P ART 73--MM A'. 7 COTECTIC!l OF
- m. ro. n arcended. Pub. L n5-E :: Lt.
- 3. IM.
g PLAfGS A!40 MA70HALS s:7. Pub. L O-ar7. s ht. 4:3( C U S C.
Aconss:Hea mglocation:h!unicipal
- 1. Sec:ica 73 W7! :nd (g) of 10 CFR r n (c U Sr/ @tt:)
Auditer:cm.13tr. and Wyandotte.
IN
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Part 73 is amc a w trad as ic!!cws:
Dated at Washmcon. D C th;s 3rd day ci.
h.ancas C.:i. htsscuri.
ggqe,3.s to speak and questions j
i 73.55 Rec'.:rt. mets for physical Starch im reprdine the conduct ci the hearing protect;on of..a x a a::mtes in nuc!est Fer the Nuc'er Regs!2 tory Commisnon-shdd b'e addreswd to: Departraent r,f p3wer reac*cr s. q'.N!'nastr'st s.1t:otap.
5 2muel J. CMk.
En 777,g g on yg,At:n;ggganne
- t Secretaryof fh Cmmissw.7.
hiatthews er Maureen Carr. 324 E.116 I
i (d) * * *
[nt ow. m.rw rm-w us *N Street. Kansas City htissouri. 64106.
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(7) Tha !!cenwe th a!! pattively s us,o eccc rtwi.u telephone (816) 7;-. '.41 (Ms. Maiew 3) contrcli ei n i nj; m:m p.S. Carrt i
vehicle u - ae m au - m. m cass roq rv. min Mcw Aric9 CONTACT:
to v'tal ara. C. e n ' 1ta indivniua? -
twm
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' DEPAnMENT OF EllERGY 3
U5"PC IN"f# ' b' NI' o
and wth a ner2 :a c.
r. e vaat wea C!! ice of Comervation cod Sciar
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based upm m M dum rear ns; Cwrvatun ro do, sr r ne :v.
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D';m-rt of Te m Imm:erendence the perfcrm inre area. Unt ccuped i i d r m s,. mla1 m.mm., sw.,j.e i;;_mt,,,,63g.;.n i
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lecked and rrowt : be an ae
[cAS-ant.7x371 Inis W. 5:dde.~ c. f r er Chr's:opher T intrus en elirm..
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authoruaticn exn c iiaorp: tate Otarcy F9mt Emtrgency Cncrqy Dep umt ct We, Stad 9ep. =:C ?
the io' law.; pre;cc :rs, Ocncervabon Fran; Adaticnal Ftse htmuises Menn N.W. Wm en.
(i) A"ca lut3 sW" 16 establi:hed Hearing D.C :m teWpaone ( 02) 3NNo P.tr.
Shc2cr.beger) and (20 ) 3Nr:3 p.tr.
and approved for each utal area by the ACChCY: Dcpartment Cf Energy.
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onsite indindual responsible for ACTION: Notice of Additional Public Emernney Conservatica Hotline Service.
l security (or equivalent) or his Hearin g' (cm) 424-91 2 frem the continental U.S.:
designated representative. Approved (Caol C4-90a. imm Alnia and Hawaii.
I access areas and the duration of access suuMAny:On February 7.1930, the Puerto Rico, and the Viren Islands:252-
-.j-shall be commensurate with the tasks to Department of Energy (DOE) issued an 4%o from metropolitan Washington D.C i
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reviewed, updated and reapproved at proposed Stanaby Federal Emergency remam the same as orignally pubhshed L
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UNITED STATES NUCLEAR REGULATORY COMMISSION March 11, 1980 WASHINGTON, D. C. 20555 SECY-80-131 CONSENT CALENDAR ITEM FOR:
The Commissioners FROM:
Harold R. Denton, Director Office of Nuclear Reactor Regulation ((h !
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THRU:
Executive Director for Operations
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SUBJECT:
ACCIDENT CONSIDERATIONS UNDER NEPA PURPOSE:
To obtain a decision on a proposed Statement of Interim Policy BACKGROUND:
In SECY 79-594 " Class 9 Accident Considerations" dated October 31, 1979, the staff indicated that it intended to develop for Comission consideration a policy statement regarding accident considerations, including Class 9 accidents, for NEPA reviews.
The proposed Statement of Interim Policy contained herein (Enclosure 2) is the staff's response to the Comission's request in its Memorandum and Order dated September 14, 1979, "In the Matter of Offshore Power Systems," to " Provide us with its recomendations on how the interim guidance of the Annex might be modified, on an interim basis and until rulemaking on this subject is completed, to reflect developments since 1971 and to accord more fully with current staff policy in this area;..."
(The Annex referenced in the foregoing i
was published on December 1,1971 by the AEC as a proposed annex to 10 CFR Part 50, Appendix D, a rule-making proceeding which has not yet been completed.
A copy of the proposed Annex is included as Enclosure 1.)
DISCUSSION OF The staff has considered four alternatives, the first ALTERNATIVES being the alternative of no change.
Selection of this AND DECISION alternative would mean the continued use of the guidance CRITERIA:
of the proposed Annex including the determination that there is no need to discuss specific Class 9 accidents in Environmental Reports and Statements. The second would modify the Annex by redefinition of Classes 8 and 9 accidents but retain the position that Class 9's (as redefined) represent too low a risk to warrant specific consideration.
The third alternative would withdraw the proposed Annex and its accident classification system entirely and replace it with policy guidance to continue to consider accidents on a case by case basis.
Contact:
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OO '/ O O 2 (g R. W. Houston, NRR 4 27323
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