ML19341B931

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Responds to Re Emergency Planning at Facility. Commission Addressing Problems of Facility Site,Including Emergency Planning.Completion of Emergency Planning Is Required Before Issuance of Ol,Not CP
ML19341B931
Person / Time
Site: Bailly
Issue date: 01/19/1981
From: Ahearne J
NRC COMMISSION (OCM)
To: Moffett T
HOUSE OF REP., GOVERNMENT OPERATIONS
References
NUDOCS 8102280189
Download: ML19341B931 (1)


Text

svrg E(, jo UNITED STATES NUCLEAR REGULATORY COMMISSION r

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i CASWNGTON, D. C. 20565 g

3 January 19, 1981

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CHAIRMAN The Monorable Toby Moffett Chainnan, Environment, Energy, and Natural Resources Subcomittee Comittee on Government Operations U. S. House of Representatives Washington, D. C.

20515

Dear Chairman Moffett:

This is to respond to your letter of January 3,1981, dealing with emergency planning at the Bailly Generating Station, Nuclear-1.

The Bailly facility has less than 1 percent of construction complete.

Construction was halted in 1977 because of a disagreement between NRC and the licensee regarding the type of foundation structure to be used. Subse-quently the construction permit time ended. The licensee has requested an extension of the pemit.

This issue is now before a Licensing Board.

The Comission is actively addressing at this time the issue cf the problems posed by the Bailly site; emergency planning considerations are prominent among them. The Comissioners have been reconsidering the appropriateness of this site since August, primarily because of the factors mentioned in your letter. At the same time, the Director of Nuclear Reactor Regulation has been examining a 2.206 petition concerning many of the same points. We will be pleased to inform you of the Comission's resolution of this ques-tion as soon as a determination is reached.

However, we do believe it important to note that emergency planning is required to be completed prior to receiving an operating license, not a construction pemit.

At construction permit time, we should be convinced emergency planning is feasible, not completed. There are 5-7 years in which to then develop emergency plans and implementing systems.

Consequently, we can assure you that if the CP extension is granted, the Comission will have assured itself emergency planning can be done adequately, not that it has been completed.

If I can provide further infomation, please ask.

Sincerely, John F. Ahearne cc:

Rep. Paul N. McCloskey, Jr.

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Congress at tfje Einittb sbtaten Ji)ouse of Ecpttgentatibts ENVIRONMENT. ENERGY. AND NATURAL RESOURCES sUB0oMMITTEE or THE COMMITTEE ON GOVERNMENT OPERATIONS mAymuRN Nouse omcc surLDING. ROOM B-mE WASHIN GTON. D.C.

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January 3, 1981 Honorable John F. Ahearne Chairman Nuc ear Regulatory Commission 171 di Street, N. h'.

h'a Engton, D.C.

20555

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Dear Chairman Ahearne:

I would like to commend you and the Nuclear Regulatory Commission for the progress made in the past year in implement-ing effective emergency planning procedures around operating nuclear facilities.

The Commission by its recent actions has implemented a number of the recommendations embodied in this Subcommittee's August 1979 report on emergency planning.

Nevertheless, i remain concerned that still is not being taken as seriously as necessary by theemergency planning Commission and the industry.

A major indication of that tinuing problem is the ongoing consideration of the Bailly nuclear con-plant, now in the earliest Indiana.

stages of construction near Gary, Information that been widely discussed indicates thatthe Subcommittee has received and which has that problematic from an emergency planning standpoint. site is particularly The site's proximity to a major steel factory and a national seashore pose extraordinarily difficult challenges for such minimal emergency be affected by an accident involving release of radiation. responses a h* hat concerns me at this juncture is that it is not yet clear that the Commission is taking all the necessary steps to insure that adequate emergency plans are designed -- if possible for the Bailly site -- before construction proceeds to an advanced stage.

As you know, only some 1 percent of the construction work on the plant has been completed to date, and little construction has occurred for months.

Therefore now is the time to make sure that emergency planning considerations have been-fully addressed, later.

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%. e Honorable John F..Ahearne Page T o We have seen too frequently how utilities have been permitted to proceed to make major et > ital investments over

_a period of time, then permitted by :

e NRC and e-her authori-ties to bootstrap their way into furt. -:r obligations to questionable projects because of the already-committed capital.

Such a manner of proceeding is not good planning, and in this instance would be incompatible with the NRC's claim to be genuinely committed to adequate emergency planning for nuclear accidents.

I am aware that the Commission proceedings re'garding the Bailly plant are varied and complex at Inis stage.

I do not propose to interfere with the NRC's handling of its proceedings.

However, I do seek from you a direct commitment that the Con-missioners of the NRC will themselves act to insure that adequate emergency planning for potential accidents at the Bailly site has been completed before further significant construction at the site is permitted.

Should you as Commissioners be unable to determine that adequate emergency planning at this site is possible and that it has been done, further con.ctruction should be. barred and the utility directed to abandon the project.

I would appreciate your-response to this letter by January 19, 1981.

Your response should indicate how the Commissioners will proceed to honor their stated commitment to adequate emergency planning in the specific context of this very important Bailly

. site.

Thank *.you in advanob - for :your -ccoperation; Sincerely, C2~T~

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