ML20002D039
| ML20002D039 | |
| Person / Time | |
|---|---|
| Issue date: | 01/02/1981 |
| From: | Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Ahearne J, Gilinsky V, Hendrie J NRC COMMISSION (OCM) |
| Shared Package | |
| ML20002D038 | List: |
| References | |
| NUDOCS 8101190182 | |
| Download: ML20002D039 (2) | |
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UNITED STATES D
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o, NUCLEAR REGULATORY COMMISSION oo 5 s[?.b@S[k j 8
'q WASHINGTON, D. C. 20555 January 2, 1981
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.....s MEMORANDUM FOR:
Chairman Ahearne Commissioner Gilinsky Commissioner Hendrie Commissioner Bradford
'f$>LeonardBickwit,Jr.
FROM:
General Counsel
SUBJECT:
WHAT NRC MIGHT DO IN A NATIONAL ENERGY EMEGENCY This cenorandum responds to Commissiener Gilinsky's December 5, 1980 cencrandun which requested OGC to assess what legislation would be necessary en this subject.
To date, we have heard rentioned the following possible NRC actions: (1) licensing te=perary operation cf plants prior to completion of public hearings; (2) tailoring MRC requirenents and activities so as to facilitate, increased availability an ng operating plants (e.g. outa5e rescheduling, tecporary removal of operating rsstrictions).
Licensin Temporarv Operation Prior o Concletion cf Hearines There is no current statutory authority for such action; thus, legislation is needed.
Draft legislation providing authority for interin operating licenses and amendments has been censidered by the Commission several times in the recent past (see attachments).
The most recent version of the legislation (see Memo to Chair an Hendrie et al., from Len Bickwit, dated March 14, 1979 on " Draft Siting and Licensing Legislation") (Attachment A) would do the following:
o permit issuance of an interim license or amendment "in advance of the conduct or completion of any required hearing" o
require the Connission itself to determine that the license or anendment was necessary because of some level of public need, emergency or interest.
(The relevant language of the various pro-posals, which differ on the level of public need that the Commis-sion must find in order to act, is set out in the footnote below) 1/
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In the case of interim licenses, all proposals required operation
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to be "necessary because of an urgent public need or emergency."
Ecwever, in the case of interim amendments, the March 14, 1979 proposal tendered the alternatives of "necessary in the public interest" or "necessary owing to a demonstrable public need for the power from the facility."
During consideration of licensing reform legislation in late 1977, the Commission recommended the first alternative to OMB.
CONTACT:
C.W. Reater, OGC 034-1493 N kl.7%o /F A-i
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in the case of an interim license, require the Commission to convene a hearing upon request the format of which would be determined by the Commission in light of the factual matters in dispute in the case of an interim amendment, require the Commission to o
request and consider public comments.
(No hearing would be required) condition interim licenses and amendments on the requirements o
determined by the outcome of proceedings on tra permanent license or amendment, and limit their duratior. To one (1) year unless extended by the Commission Except as earlier noted, the March 1979 proposal did not differ on the above points from the proposed legislation on licensing reform approved by the Commission in the Fall of 1977 (Attachment 2).
The Commission considered in March 1979, but did not resolve, whether to include a mechanism, in the case of each interim license or amendment, for DOE or a State to certify the existence of the required level of public emergency 7eed or interest.
DOE or State
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certification would have been weighed by the Commission in its licensing determinations.
These provisiens on DOE / State certifica-tion had no counterpart in the Commission's recommendations on licensing reform in Fall 1977 Tailoring NRC Reauirements and Activities to Facilitate Increased Availability Among Ocerating Plants Rith respect to other-NRC actions ~which affect plant availability',
the determinative matter is the extent to which HRC has authority to consider and weigh'the costs and risks associated with a national energy emergency in its regulatory decisions.
Where NRC decisions do not significantly affect the overall safety of a plant, there is no question but that NRC may consider non-safety matters.
This would include instances in which the margin of safety of a plant is maintained through compensating requirements and measures.
- Moreover, we believe that direct economic and related "need for power" impacts can generally be given weight in NRC licensing decisions even where the margin of safety is affected.
Thus, mere declaration of some national energy emergency would not trigger any new NRC considera-tion in the licensing process, and legislation would not be needed to consider the implications of such an emergency for NRC licensing actions.
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ATTACHMENT A pa ucuq#
UNITED STATES g
3Tg 7'k NUCLEAR REGULATORY COMMISSloN j Jhdd E
WASHINGTON, D. C. 205SS v
t March 14, 1979 MEMORANDUM FOR:
Chairman Hendrie Commissioner Gilinsky Commissioner Kennedy Commissioner Bradford Commissioner Ahearne bLeonard Bickwit, Jr., General Coun el FROM:
SUBJECT:
DRAFT SITING AND LICENSING LEGISLATION Attached is our latest draft of a possible. Commission-sponsored siting and licensing proposal.
k'hile some of it will require additional redrafting, we believe it is in such form as to provide a reasonable basis for Co==1ssion discussicn.
ELD has reviewed most of the sections.
Time has not permitted us to
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have the benefit of their review on some.
t Attachnent:, Draft Bill l
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OPE SECY l
Contact:
Peter G*
634-3288 DUPLICATE DOCUMENT Entire document previously entered into system under-ANo M O M O 6 0 0\\95
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No. of pages:
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9
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