ML19353A405
| ML19353A405 | |
| Person / Time | |
|---|---|
| Issue date: | 12/10/1980 |
| From: | Fitzgerald J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Kennedy R NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8101080390 | |
| Download: ML19353A405 (4) | |
Text
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NUCLEAR REGULATORY COMMISSION y
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n N'E Mr. Richard T. Kennedy E'
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U.S. Nuclear Regulatory Commission Washington, D.C. 20555
Dear Sir:
This responds to your request to the General Counsel's Office for a list and short explanation of pending NRC adjudicatory matters with special policy significance.
Martin Malsch and I prepared the attach-ment.
Sincerely, hw
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es A. Fil gerald Assistant General Counsel Attachment as s'tated cc: William J. Dircks e
8101080390
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PENDING NRC ADJUDICATORY MATTERS l
l WITH SPECIAL POLICY SIGNIFICANCE 1.
TMI Unit 1 Restart An NRC Atomic Safety and Licensing Board is presiding over formal safety hearings on whether operation of Three Mile Island (TMI)
Unit 1 may resume.
Authority to operate TMI Unit I was suspended by NRC shortly af ter the TMI Unit 2 accident.
These hearings are highly contested and it will be some months before they can be completed.
The proceeding has significant policy impli. cations because the failure to restart Unit 1 has a significant financial impact on the licensees and their ability to pay for clean-up of TMI Unit 2.
The licensees have requested NRC to modify its orders initiating the proceeding so as to allow operation of Unit 1 follow-ing an NRC determination that the plant may safely operate but prior to completion of the hearing.
2.
Diablo Canyon Unit 2 Various aspects of this contested operating license hearing are pending before an NRC Licensing Board and Appeal Board.
The proceeding has significant policy implications because it will probably be the first proceeding in which the full implications of the TMI accident are the subject of' formal testimony and cross-examination.
The facility has been completed and facility 1
operation is being held up pending completion of the NRC licensing process.
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High Population Density Sites The NRC is examining existing power reactor sites with high popu-lation density and associated evacuation planning problems.
The leading case is Indian Point Units 2 nd 3, where the Commission has decided that formal hearings should be held on whether Indian Point Units 2 and 3 should be shut down.
This proceeding has significant policy implications because it will serve as a focus for development of Commission policy on continued acceptability of high population density sites.
4.
NFS Erwin The NFS Erwin facility is used for fabrication of naval reactor fuel.
The pending proceeding involves a contested license amend-ment dealing with materials control and accounting requirements.
Af ter the amendment was issued a hearing was requested by NRDC and NRC (by a sharply divided vote) sought to avoid the requirement that formal hearings be held by making use of a legal exemption from formal hearing requirements where military affairs are involved, The significant policy issue here is whether adjudicatory hearings t
could or should be avoided because of the particular nature of the facility operation.
The proceeding is presently suspended because of a stay issued by the U.S. Court of Appeals for the D.C.
Circuit.
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Summer This involves a proceeding pending before the Commission on whether I
significant changes have occurred in the licensed activity since the previous antitrust review that would require a new antitrust 1
review at the operating license stage.
Conduct of a new antitrust review could significantly delay issuance of the operating license.
1 The proceeding has policy implications because it nay be the first antitrust review and proceeding conducted at the operating license stage.
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