ML19327B829
| ML19327B829 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 11/07/1989 |
| From: | Carr K NRC COMMISSION (OCM) |
| To: | Udall M HOUSE OF REP., INTERIOR & INSULAR AFFAIRS |
| Shared Package | |
| ML19327B830 | List: |
| References | |
| CCS, NUDOCS 8911140018 | |
| Download: ML19327B829 (6) | |
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UNITED STATES.
E NUCLEAR AEGULATORY. COMMISSION n
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- * *. *,o November 7, 1989 l
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.The Honorable Morris K. Udall, Chairman a
Committee on Interior-and Insular Affairs
' United States House of Representatives-i Washington.. D.C.
20515
Dear-Mr. Chairman:
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'I' am enclosing 'the Nuclear Regulatory Commission's responses to
'the: questions.that you!Josed in your October 27, 1989 letter
. relating to the' agreement between the Long Island Lighting Company 3,
i and the State of New York to close and decommission the Shorebem l
nuclear. power plant.
If you-need further information, please~do not hesitate'to contact me.
.o Sincerely, r
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Kenneth M. Carr
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Enclosure:
Responses to Questions
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cc:
Representative Don Young
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.,00ESTION 1 Does the1NRC. support the "Ritter Amendment" to the NRC
& 1g' authorization bill adopted by the Energy.and Comerce Committee 4
1; on July 6, 19897
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ANSWER.
Thc Comission takes no position on the Ritter Amendment.
In our judgment, to do'so would not be. compatible with the atency': regulatory responsibilities.
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-QUESTION 2.
Does the llRC support legislation ecncerning plant-specific NRC licensing actions? If so, under what circumstances w,3uld NRC h
support legislation that would result in termination or denial t;
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. of a plant licen:e?
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-42 ANSWER.
t As an independent regulatory agency charged with protecting the public health
- and ;afety and the common defense and security, the Commission generally I
prefers that Congress not onact' plant specific legislation relating.to pending.
regulatory m6tters. However, the Commission recognizes that it is appropriate s
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for'Cong'ress 'to' consider plant specific legislation focusing on nations 1 policy objectives, and it appears that the Ritter Amendment is concerned with such objectives.- However, as noted above, the Commission takes no position on the amenJment.-
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QUESTION 3.
Does 'he NRC'have th'e authority to compel a licensee to 1
Q-generate electricity from a commercial nuclear facility if the N-licensee does not desire to generate electricity from the facility?
ANSWER.
TheAtomicEnergyActof1954,asamended(AEA),provideslimitedauthority i
to the Comission.to compel the generation of electricity by a licensee who does not desire to do so. The Comission may order the operation of any commercial nuclear facility-licensed under setions 103 or 104 of the Act, subject to the payment of just compensation for any damages,'during a period of Congressionally-declared state of war or nation 61 emergency pursuant to Section 108 of the.AEA, 42 U.S.C. 9 2138. As provided by Section 196(c) of the AEA, 42 U.S.C. 2236, the Comission may also ' operate a facility, the license for which has been revoked pursuant to Section 186, "in cases found by the Comission to be of extreme importance to the national defense and security or
- to the health and safety of the public"; just compensation for the use of such
~ fccility must be paid by the Comission.. In addition, the Comission may, upon 0
. a d* termination that the public convenience and necessity requires, order the L
continued operation of a facility the license for which has been revoked, again subject to the payment of just compensation, in accordance with Section 188 of i
the AEA, 42 U.S.C. 5 2238. None of these provisions has ever been exercised, i
'No funds have been authnrized or appropriated to pay just compensation under
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7 QUESTION'4 a
Does the NRC have the authority to compel a licensee.to complete construction of a nuclear facility that is not cunpiete?
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ANSWE.3 3
Nothing in the Atomic Energy Act'of 1954, as amended, the Enctoy Reorganization' 1
Act of 1974, or other legislation enacted by the Congress provides any by authority to the NRC.to compel the completion of a licensed nuclear facility that is not complete..
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p l QUESTION 5 If a licensee determines that a nuclear facility should be closed nnd decommissioned, does the NRC have the authority to cc:npel that licensee to continue to operate the facility because the NRC determines that the power generated by the
. facility is needed?
a AN3WER...
As-stated in response to Question 3 in accordance with Section 188 of the Atomic Energy. Act of 1954, as amended 42 U.S.C. G 2238, the Comission, upon a determination that the public convenience and necessity requires "may, after consultation with the apprnpriate regulatory agency. State or Federal, having' jurisdiction, order that possession be taken of and such facility.
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operated for such period of time as the public convenience and necessity...
may..in the.;udgment of the Commission, require...." The exercise of this authority is contingent upon the predicate thst the license for such facility had been revokea pursuant to Section 186 of the AEA, 42 U.S.C. 5 2236 and requires the payment of just compensation.
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E E W O *"""
i' October 27, 1989 The Honorable Kenneth M. Carr 7"
Chairman.
U.S. Nuclear Regulatory Commission Washingtori, D.c.
.20555 Daar.Mr. chairman:
on November 9, 1989, the Subcommittee on Energy and the Enviror?e.et will conduct an oversight hearing'concerning the agreement ~between the Long Island Lighting company and the state-of New York to close and decommission the Shoreham nticlear power U-plant.
Instead of requesting the Commission to testify at the hsaring,-I would appreciate the Commission providing written-responses to'the following questions by Noumber 7, *089:
(1) -Does-the NRC support the "Ritter Amendment" uo the NRC
' authorization bill" adopted by the Energy and commerce Committee on July 6, 19897 (2)
Does the NRC support legislation concerning plant-r R
specific NRC li~ censing actions?
If so, under what circumstancos would NRC support legislation that would result in termination or denial of a' plant license?
(3)
Does the NRC have the authority to compel a licensee to generate electricity from a commercial nuclear facility if the licensee does not~ desire to generate electricity from the facility?
e (4)
Does the NRC have the authority to compel a licensee to complete construction of a nuclear facility that it not complete?
(5)
If a licensee date2.1 nines that a nuclear facility should be closed and decommisnioned, does the NRC have the l
authority to compel that licensee to continue to operate the facility because the NRC determines that the power generated 1
by the facility is needed?
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' Hon. Kennsth M.
Carr i
. October 27, 1989 i
Page Two J'+.,
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Your cooperation'in providing the subcommittee with a written response to these questions by the requestod data.is j
urgently requasted.
Sincerely, j
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Morris K.
Udall Chairman e
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