ML19339C760
| ML19339C760 | |
| Person / Time | |
|---|---|
| Issue date: | 11/12/1980 |
| From: | Plesset M Advisory Committee on Reactor Safeguards |
| To: | Ahearne J NRC COMMISSION (OCM) |
| References | |
| ACRS-R-0906, ACRS-R-906, NUDOCS 8011190376 | |
| Download: ML19339C760 (1) | |
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UNITED sTATTs
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November 12, 1980
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? ;.),p Honorable John F. Ahearne Chairman 1
U.S. Nuclear Regulatory Commission Cc7;-.,,_3 Washington, D. C.
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SUBJECT:
ACRS REVIEW 0F LICENSE APPLICATIONS
Dear Dr. Ahearne:
The ACRS, in response to your request, has discussed Commissioner Gilinsky's attached memorandum of October 2,1980 regarding the format of the findings in ACRS reports on license applications. We have the following comments:
1.
The Committee believes that its reports on Construction Permit and Operating License applications should continue to include a general conclusion concerning the Committee's evaluation of the risk posed to public health and safety by operation of the plant being reviewed.
In the absence of more quantitative standards, the Committee's conclusions must, at this time, be based on its collective judgment which takes into account a variety of factors including a comparison of the plant being considered with other operating nuclear power plants and with other risks to which populations are exposed.
2.
The Committee recognizes that precedent may have some influ-ence on the decisions it reaches.
However, the backgrounds and viewpoints of the members are sufficiently broad and the turnover in membership is sufficiently rapid that, up to now, precedent has not provided noticeable constraints on Committee vi ews.
In summary, the ACRS believes that its general evaluation of a license applica-tion, as typically expressed in the last paragraph of past reports, continues to be appropriate and has positive value.
Sincerely, M. S. Plesset Chair nan
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Attachment:
Commissioner Gilinsky's memo dtd.10/2/80 to Chairman Ahearne, L
Commissioners Hendrie and Bradford, Subj: ACRS Review of License Apolications iB0131<9 037(p i
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., A. q. 1..ms.,e s,, w j CSFICE OF THE cow.ussienta October 2, 1980 i
MEMORANDUM FOR:
CHAIRF.AN AHEARNE COMMISSIONER HENDRIE COMMISSIONER BRADFORD SU3 JECT:
ACRS REVIEW OF LICENSE APPLICATIONS I would like to suggest that we change the format of the findings which we ask the ACRS to make with regard to license applications.
Presently, the ACRS makes a ceneral finding that a facility for which a license is sought poses no undue risk to the health and safety of the public."
By asking the ACRS to make a formal finding that a given design or activity is acceptable I suspect we are constraining the ACRS's judgment in later cases.
This is particularly true where there are no well-defined standards of acceptability since the ACRS may define acceptability in terms of its prior decisions.
'It would not be surprising if the ACRS felt seme ccmpunction about taking a position which would, in effect, everturn one of the Conmittee's earlier findings of general acceptability.
As an alternative, I would suggest we ask the ACRS to drop the boilerplate final paragraph of its letters.
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Victor Gilinsky cc:
Chairman Plesset, ACRS L. Bickwit, GC E. Hanrahan, O.-
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Chilk, SECY
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