ML19344D542
| ML19344D542 | |
| Person / Time | |
|---|---|
| Site: | Black Fox |
| Issue date: | 03/31/1980 |
| From: | Shapar H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19344D544 | List: |
| References | |
| NUDOCS 8004250003 | |
| Download: ML19344D542 (1) | |
Text
/) ( L e
MAR 311980 Internal Distribution:
i Document Management Branch
)
OELD Reading Shapar, Engelhardt MEMORANDUM FOR: Harold Denton, Director Davis, Tourtellotte Nuclear Reactor Regulation Christenbury FROM:
Howard Shapar, Executive Legal Director Office of the Executive Legal Director
SUBJECT:
COMMISSION DECISION ON CONSIDERATION OF ENVIRONMENTAL CONSEQUENCES OF CLASS 9 ACCIDENTS AT LAND-BASED REACTORS IN THE BLACK FOX CASE The attached Commission OrdeM confirms OELD's interpretation of the language contained in the Commission's Offshore Power Systems decision 2/ in which the Staff was directed to " bring to [the Commission's] attention, any individual cases in which it believes the environmental consequences of Class 9 accidents should be considered." In vacating the Class 9 portion of the Appeal Board decision in ALAB-573, 3/ the Commission held that the Appeal Board had " mis-interpreted" the Commission's decision in Offshore Power in that the Staff need only inform the Comission when special circumstances require the con-sideration of Class 9 accidents at an individual reactor site and not when the contrary is true. The decision noted that when it issued its Offshore Power Systems opinion, it did not decide the general question of the propriety of considering the environmental effects of Class 9 accidents at land-based reactors and reemphasized the fact that it plans to resolve that issue through rulemaking and policy development and not on a case by case basis.
In the interim, pending resolution of the Class 9 accident policy generically, the Staff is to exercise its " discretion" and bring to the Commission's attention only those " exceptional case [s] that might warrant further consideration [of Class 9 issues]" because of factors such as higher population density, proximity to man-made or natural hazards, unusual site configurations or unusual design features which might make the environmental risk of an accident at the site "substantially greater than that for an average plant."
/5/
Howard Shapar, Executive Legal Director, OELD Attachment cc: W. Dircks
,1/ Commission Memorandum and Order dated March 21, 1980.
--2/
Offshcre Power Systems (Floating Nuclear Power Plants), CLI-79-P,10 NRC 257, 263 (1979).
--3/
Public Service Company of Oklahoma (Black Fox Station, Units 1 and 2),
ALAB-573, 10 NRC (December 7,1979).
OELD 6f f OE
- ~ ~ ~ ~ ~ -
-~~
- ~~.---
.... - ~ ~ ~ ~ -
gg gnyrytg w y
..-- w
.g y.g... @)......
i
... 3!,,3,t,,/8,0,,,
,3/,,J/,[,80
,,7,,,,,,,,,,,,,
,,,,,,,,,,,,,,,,,,,,,,j,
~
~,.
j sac menu m m uncu eue.
- ... ~. - -. - ~. -... ~ ~ - ~
3