ML19309G929
| ML19309G929 | |
| Person / Time | |
|---|---|
| Issue date: | 04/14/1980 |
| From: | Harold Denton Office of Nuclear Reactor Regulation |
| To: | Dingell J, Hart G, Moffett T, Udall M HOUSE OF REP., INTERIOR & INSULAR AFFAIRS, SENATE, ENVIRONMENT & PUBLIC WORKS |
| Shared Package | |
| ML19309G930 | List: |
| References | |
| RULE-PRM-140-2 NUDOCS 8005080013 | |
| Download: ML19309G929 (3) | |
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APRy4 The Honorable Morris K. Udall, Chairman Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs United States House of Representatives Washington, D.C.
20515
Dear Mr. Chairman:
The Nuclear Regulatory Commission is publishing for comment, as a petition for rule making, a letter sent to the General Counsel of the Commission on December 20, 1979 by the Public Citizen Litigation Group, requesting that the Commission amend its regulations in 10 CFR Part 140, " Financial Protection Requirements and Indemnity Agreements," to increase the amount of liability insurance required of persons licensed to operate large commercial nuclear power plants. More specifically, the petitioners allege that the $160 million liability insurance currently required is not the maximum amount available because an additional $300 million in reactor property insurance is currently available and because the electric utility industry is about to establish a pool to insure against replacement power costs resulting from an accident at a nuclear reactor.
In responding to the petitioner'd request, the Connission's General Counsel Leonard Bickwit indicated that the Commission's regulations implementing Section 170b of the Price-Anderson Act, (42 U.S.C. 2210(b)),
have historically adopted the amount provided by the nuclear liability insurance pools as the " maximum amount available" from private sources at reasonable cost and on reasonable terms.
Congress has thoroughly reexamined the Price-Anderson Act and has been aware of the Commission's implementation of this section.
Because there is apparently no indication, cither through Congressional. amendment or legislative history, of Congressional dissatisfaction with 10 CFR 140.11 (which specifies the amoun't of financial protection required of certain reactor licensees) of the Commission's regulaticns, the Commission continues to believe that this section was validly promulgated.
However, because the petitioners present certain policy issues deserving more detailed consideration, a notice.of the filing of a petition for
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- 11 2-rule making and request for public comments is being published in the Federal Register. A copy of this notice is enclosed.
Sincerely, Oridralsigt.cd by
}!. R. Denton Harold R. Denton, Director Office of Nuclear Reactor Regulation
Enclosure:
kotice of Filing of Petition for Rule Making cc: Rep. Steven Symms e
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The llonorable John D. Dingell, Chairc.an Subcoaaittee on Energy and Power Coaaittee on Interstate and Foreign Connerce United States House of Representatives Washington, DC' 20515 cc: Rep. Clarence J. Croun The Honorable Toby lioffett, Chairman Subcomittee on Environe.cnt Energy and Natural Resources Co=aittee on Government Operations United States House of Representatives' U3shington, DC 20515 cc: Rep. Paul N. licCloskey, Jr.
The Honorable Gary Hart, Chairuan Subcot.raittee on nuclear Regulation Co=aittee on Environx.ent and Public Uorks United States Senate Washington, D.C.
20515 cc: Sen. Alan Sirapson or rice >...................
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. NRC FORM 318 16-77).
4 U. S. GOVERNMENT PRINTING OFFICE 1977-237-025
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