ML19345A707
| ML19345A707 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom, Hope Creek, Crane  |
| Issue date: | 11/19/1980 |
| From: | Bordenick B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Buck J, Johnson W, Rosenthal A NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8011250009 | |
| Download: ML19345A707 (3) | |
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,o, UNITED STATES
$ fr # d' j NUCLEAR REGULATORY COMMISSION
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WASHING 1 ON, D. C. 20555
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November 19, 1980
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4 Alan S. Rosenthal, Esq., Chairman Dr. John H. Buck i
Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory Coninission U.S. Nuclear Regulatory Commissign Washington, DC 20555 Washington, DC 20555 J
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[Sd Dr. W. Reed Johnson E$
Atomic Safety and Licensing A5 j
i Appeal Board LJp3 3
g3 U.S. Nuclear Regulatory Commission i"
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Washington, DC 20555 g
g cs In the Matter of Philadelphia Electric Company, et al.
(Peach Bottom Atomic Power Station, Unit 2 and 3)
Docket Nos. 50-277 and 50-278 i
In the Matter of Metropolitan Edison Company, et al.
(Three Mile Island Nuclear Station, Unit No. 2)
Docket No. 50-320 In the Matter of J
Public Service Electric and Gas Co.
(Hope Creek Generating Station, Units 1 and 2) i Docket Nos. 50-354 and 50-355 i
Gentlemen:
1
)
As you know, NRC Staff witness Hubert J. Miller testified at the radon release issue hearing in the above-referenced proceedings on February 26 and 27,1980,
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in Harrisburg, Pennsylvania (Tr.149 et, seq.).
1 Mr. Miller's prefiled written testimony addressed questions concerning radon releases from uranium mills and mill tailings over the long tenn (Fg. Tr.151).
The basis for estimates of rat'cn ' release made by Mr. Miller was proposed NRC regulations in uranium mills which specifies requirements for tailings disposal including:
f ) numerical limits on radon release rates; (b) specific siting i
and design criteria which must be met by mill operators to assure that such radon release limits are met over the long-term; and (c) financial surety l
requirements which assure tailings disposal programs are carried out by operators according to the regulations.
Further, Mr. Miller testified that the proposed NRC regulations constituted the minimum standard for Agreement States which are responsible for regulating about one-half of the uranium milling inaustry.
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4 2-Staff witness Miller has asked me to advise you of the following subsequent developments :
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' 1.
On October 3,1980, the final regulations discussed in Mr. Miller's testimony were published in the Federal Register (45 Fed. Reg. 65521) to be effective 45 days after the date or publication.
- 2. -On October 3,1980, = Kerr-McGee Nuclear Corporation filed a Petition for Review (No. 80-2043) in
- he United States Court of Appeals for the Tenth
~
Circuit. The Kerr-McGet Petition seeks:
(a) to'have the regulations noted in.(1.) above declared " unlawful" and to be " vacated" by the Court. The Staff is, of course, unable at this. time to state what the outcome of the Kerr-McGee litigation will be or how it will finally impact the regulations in question.
Mr. Miller has also asked me to advise you that he is of the view that the validity of his above-referenced testimony rests completely on implementation
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of the regulations in question as described in his testimony.
j Sincerely, M
PMt Bernard M. Bordenick Counsel for NRC Staff cc: See Page Three 4
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I cc:
W. W. Anderson, Esq.
Edward G. Bauer, Jr., Esq.
Myron Bloom, Esq.
Eugene J. Bradley, Esq.
Dr. John H. Buck Karin W. Carter, Esq.
Troy B. Conner, Jr., Esq.
John B. Griffith, Esq.
Raymond L. Hovis, Esq.
Dr. W. Reed Johnson Alan S. Rosenthal, Esq.
Dr. Ernest 0. Salo George F. Trowbridge, Esq.
James A. Humphreys III Ms. Judith H. Johnsrud Dr. Chauncey R. Kepford Mr. Gustave A. Linenberger Peter Buchsbaum, Esq.
Robert Westreich Esq.
Mr. David A. Caccia Samuel J. Chilk Troy B. Conner, Jr., Esq.
Mark L. First, Esq.
Richard Fryl'ng, Jr., Esq.
Mr. Ernest E. Hill Dr. John R. Lamarsh Dr. Paul Mercray, Jr.
Dr. Oscar H. Paris F. Michael Parkowski, Esq.
Richard S. Salzman, Esq.
Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Docketing and Service Section