ML19332E299

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Commission Response to Udall ,Question 5,re NRC Authority to Compel Licensee to Continue to Operate Facility Because NRC Determines That Power Generated by Facility Needed
ML19332E299
Person / Time
Issue date: 10/27/1989
From:
NRC
To: Udall M
HOUSE OF REP., INTERIOR & INSULAR AFFAIRS
Shared Package
ML19327B830 List:
References
UDALL-891027, NUDOCS 8912070042
Download: ML19332E299 (1)


Text

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QUESTION 51 If a licensee determines that a nucledr facility should be.

- closed and decommissioned, does the NRC have the authority to compel-that licensee to continue to operate the facility because the NRC determines that the power generated by the facility _is needed?

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. ANSWER.

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As stated in response to Question 3, in accordance with'Section 188 of the-L Atomic Energy Act of 1954, as amended, 42 U.S.C. 6 2238, the Commission, upon i

a detemination that the public convenience and necessity requires, "may, l

after consultation with the appropriate regulatory agency, State or Federal, having jurisdiction, order that possession be taken of and such facility l

' operated for such period of time as the public convenience and necessity _...

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may, in the judgment of the Commission, require...."

The exercise e? this authority is' contingent upon the predicate that the license for such facility l

had been revoked pursuant.to Section 186 of the AEA, 42 U.S.C. Q 2236 and i

requires the payment of just compensation.

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8912070042 891107 i

PDR COMMS NRCC CORRESPONDENCE PDC

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