ML20002D808
| ML20002D808 | |
| Person / Time | |
|---|---|
| Issue date: | 11/25/1980 |
| From: | Cornell E NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Kennedy R NRC COMMISSION (OCM) |
| Shared Package | |
| ML19295A140 | List:
|
| References | |
| NUDOCS 8101230060 | |
| Download: ML20002D808 (4) | |
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,,c, UNITED STATES (j
g NUCLEAR REGULATORY COMMISSION vg E
WASHlh GTON. D. C. 20555 4.,
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4 MEMORANDUM FOR: Richard T. Kennedy, Team Leader 11RC Transition Group FROM:
E. Kevin Cornell, Deputy ED0'
SUBJECT:
INFOR!MTION FOR THE TRANSITION GROUP -- SECOND INSTALLMENT The information listed in the attachment is forwarded in response to your request' The remaining items' that you requested will be made available as soon as they are gathered.. Also included for your information is a sum-mary of weekly reports from the EDO to the Commission-for the period May 12 through November 7,1980.
E. Kevin Cornell Deputy Executive Director for Operations
Attachment:
Information Requested by TransitiJn Group CONTACT:
Linda Peck, MPA 492-7533 91012300W
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p INFORMATION REQUESTED BY TRANSITION GROUP FY 81 Budget History Litigation Status Report Summary of the Licensing Process Congressional Legislation Affecting NRC*
Congressional Oversight -- hearing appearances, reports to Congress, and Congressional correspondence; sample of one month's correspondence, October 1980 Nuclear Safety Oversight Committee -- status, reports and agenda States.-- List of Agreement States; description of program Status and Description of Regionalization Past Policy, Planning, Program Guidance On-going and Pending Rulemaking Activities
- 0ffice of Congressional Affairs previding Transition Group with:
(1) Overview of Legislative Proposals on Waste Management; (2) Legislative History of S-2189.
FY 1981 BUDGET HISTORY This section includes the following:
(1) History of Appropriation (2) FY 1981 Appropriation Act (PL 96-367)
(3) NRC's Submission to Congress (4) NRC's FY 1981 Submittal to 0M8 Also included for your information is testimony from the NRC's FY 81 authorization and appropriation hearings.
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o NUCLEAR SAFETY OVERSIGHT C0ttilTTEE (NSOC)
President's NSOC was initially announced on December 7,1979,
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with an anticipated life of 2 years. By Executive Order, the FY 81 Appropriations Bill (P.L.96-367) approved $1,500,000 for expenses for the Oversight Comittee.
NSOC is comprised of four members Gov. Bruce Babbit - Chaiman of the Panel.
John Deutch Marvin L. Goldberger Vacant member Purpose of Panel is to pemanently improve Nuclear Safety.
Safety related issues to be analyzed include:
Hisnan factors and comunications problems involved in nuclear plant operations On-off-site emergency preparedness The status of nuclear safety research Comparative perfomance standards for all nuclear facilities.
Meetings held: Since inception, the Panel has held five meetings.
Reports delivered - The Panel has delivered one report to the White House on 9/26/80 on the status of what the Panel has accomplished thus far. The report has not yet been released to the public.
Future Agenda - Roughly meet once a month on the safety related issues discussed above.
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m wo NSOC: ACTION PLAN ' REASONABLE' BUT. REVEALS ' BUSINESS.AS-USUAL MINDSET' In a Sept. 26 letter to the Pres'ident, the Nuclear Safety Oversight Committee caDed the NRC action plan a " reasonable response to the TMI accident," and a " reasonable beginning." However, the committee noted that "for allits vutues,it represents a somewhat more intensive form of ' business as usual'."
To buttress lu criticism of NRC's " business.as. usual mindset," the committee noted the licensing of T5'Ns Sequoyah.! whose design basis "may be inadequate to control the potential consequences of the estimated amount of hydrogen released into containment at nree Mile Island." The letter added,in reference to the Sequoyah lic:nsing, that although the NRC staff has advised that technical fixes have so reduced the likelihood of another TMI accident that new operating licenses can be in,ued, "we do not share svchjudgment;any sys.
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tem should presumptively be at least good enough to deal with accidents that have a:tuall) occurred."
Other criticism of NRC actions by the Nuclear Safety Oversight Committee:
- Unresched safety issues have " accu =ulated and gone unresolved over a long period of time," most espe:ially the ATWS problem (Anticipated Transient Without Scram).
-There have been reversals of policy on shutting off reactor coolant pumps in response to transients.
- The nuclear data I!nk proposal reveals "a serious policyissue that has not been carefully ana.!yzed."
The committee recommended that "NRC emergency response capabihty be upgraded and pushed out and down to regional and on. site levels of responsibility."
- Regulatory Guide 1.97 and the safety parameter display system should be disentangled from the data link controversy and quickly implemented.
- The " larger problems of unlity operating competence" must be addressed with "much more attention by both industry and the NRC."
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- NRC and the nuclear industry have not taken clear steps to make sure that problems identified by the Office for Analysis & Euluation of Operating Data, the Institute of Nuclear Power Operations, and the Nuclear Safety Analysis Center will be foDowed by appropriate action.
- The physical consolidation of NRC has moved at an " exceedingly slow pace" and the oversight com.
cuttee called it " imperative" to begin an interim t.onsolidation now.
The committee also urged the NRC commissioners to address section i10 of the NRC FY-80 authoriza.
tien act "in the spi:it in which it was undoubtedly meant, not in a rigid and literal manner that could di-ert commission resources from the more urgent tasks at :und." Section 110 asks for a pan for the " systematic enluation of a!! currently operating utilization facilit 's." The committee said that " read literally, this could require many hundreds of staff. years of effort in redu. dant and unproductive work at spe-ific reactor sites...."
In conclusion, the letter said the action plan "nnnot be viewed as a one time solution or as a talisman for instant reform of the nuclear industry and its te,uiat'on. He larner issue ofindustry attitudes and regula.
tory leadership are stillin balance.We will continue to monitor the effectiveness of reform efforts and report to you regularly."
lasice NA.C.is outlished every other Monesy by McGrew. Hill. Inc 1221 Aveave af the Americas. New York. N.Y. too20.
Co perste efficers: 14eroid W.McGraw, Jr president.eneef esecutive officer and chairman of tne board.8tobert N. Lanoes.
seneer vice presioemt and ser etery: Raich J. Wes. treasurer.
Nucteer Publications staff and primary responsibilities:
TELEPHON ES Roger Newburger. manager Mackey (Mecenne) Eastein. eeitorial assistent Subeariation information:
. Roger Smith, chsef editor (Nucleonics Week and inside N.R.C.)
Call 1212] 997 4410 or Roe Laufer. managing editor (Nucisonics Weeki TOLL FREE 5o0 223 5180 Don Martin. managins editor (NuclearFuet)
Sean Cannan. Washington editor (Nuctoonics Weet)
News offises:
&C* nee Coote, assistent ee. tor (Insice N A.C.and Nuc!aarFuell New Yorts (2121997 2134 Joanne Dann. Washington editor (Inside N A.C.)
Weehington (20218241254 E'ed Ferguson. assistant ecitor (Nucleonics Week) g ;;
Michael Knsoik.Weenington sorter (NucaserFuell r
inode NA.C. subeaription rotes: $475 per veer in J.S.and Canada: 3520 elsewhere fair me.s oemered). @ Coovright 1980 Dy McG ow.Heit. fac. Att ris9ts reserved. Reorod. ction in any form whatsoever fermiesen without empress sermession of tne copyrig9t owner. INSID E N.R.C. es R es. U.S. Pet. Qtf.
ISSN 0194 0252 18 LNSIDE.N.R.C. - October 20.1980
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l s LITIGATION STATUS REPORT Enclosed are the following:
1 (1) SECY-A-80-176 Litigation Report - November 1980 (2) SECY-A-80-183 0.C. Circuit Court Opinion - Krypton Venting Case 1
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umiso svuss NUCLEAR REGULATORY COMMiss!ON ADJUDICATORY ITEM November 10, 1980 SECY-A-80-176 LNFORM ATION.
L For:
The Cornission From:
Stephen F. Eilperin, Solicitor Sub'ect:
Litigation Report -- November 1980 Discussion:
I am transmitting with this memorandum the OGC Litigation Report for November, 1980.
Since the last report for Cctober, 1979, 21 cases have been closed in all of which the Cornission prevailed and 32 new lawsuits have been brought.
In two still pending cases, however, NFS Erwin and Suscuehanna Vallev Alliance the Cor=:.ssion received acverse cecisions.
In ene former, the D.C. Circuit on September 29, 1980 stayed the 4-ediately effec-tive military function rule the Cor=ission had adopted for the UFS Erwin hearing.
In SVA the Third Circuit on March 17, 1980 re-instated before the district ecurt the NEPA, Clean Wate Act, and constitutionally based counts of SVA's complaint challenging the TMI clean-up over our obj ection that the cas~e should have been dismissed for failure to exhaust adm4M strative remedies.
k Stephen F. Eilperin Solicitor DISTRIBtJTION
- .nclosure :
Cctimissioners Litigation Report Ccmmission Staff Offices Exec Dir for Operatiens ACRS ASLSP ASLAP Secretariat CONTACT:
Stephen F. Eilperin, CGC 4-1465 D y &-
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4 LICENSING PROCESS Enclosed is a surmiary of the licensing process.
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'[ ' ' OCA orovidina add. info. on: (1) Leg. History of S.2189 on Waste Managemeng. Proposals (2) overview of Le Congressional Legislation Affecting NRC Status of key FY 81 Congressional Legislation Affecting NRC. (1) FY 1981 Appropriation has becone public law (P.L. 96-397). (2) FY 1981 Authorization: S. 2358 passed the Senate on July 31, 1980. H.R. 7981 has not yet passed the House. Consideration in the 96th Congress is uncertain. The bill reflects a compromise agreement reached by the House Interior and Commerce Committees. If it reaches the House floor, Rep. Corcoran (R-Ill.) has stated that he will introduce an amendment directing the resumption of GESMO. (3) Waste Management: The Senate has passed a waste management bill, S. 2189. The House has not yet passed a waste management bill. Three House Committees have reported widely different versions of H.R. 7418, a waste bill intro-duced by Rep. McCormack (D-Wash.). In addition, H.R. 6390, first introduced as a comprehensive nuclear reform package, has been reduced in committee markups by both the House Interior and Commerce Committees to essentially alternative waste bills. The version reported by the Commerce Committee contains only waste provisions while that marked up by Interior contains waste provisions and authority for a Nuclear Safety Board. ?n November 21, 1980, a new bill, H.R. 8378, reflecting a compromise between the provisions of the bills previously reported by the Interior and Commerce Committees was introduced by Representatives Udall, Dingell, Brown, and others. In order to facilitate floor consideration at this late date, it is likely that the bill will have to be brought up by unanimous consent. If so, the bill could be closed to amendment, open to all amendments, or open only. to specified amendments. However, it is unlikely that congressmen seeking a State veto provision will permit any floor consideration without an opportunity to offer an amendment to provide such a veto. Significant items which could affect FY 1981 Authorization Bill. (Does not include GESMO and intervenor funding.) S. 2358 (Attachment 1) H.R. 7981 (Attachment 2)
s S.2358 as passed by the Senate Includes language concerning the cleanup of offsite locations at the Edgemont, South Dakota uranium mill site (Section 7) and authorizes $500,000 for this effort (Sec. 1(a)(4)). Amends Section 236 of the Atomic Energy Act to imposc criminal sanctions on any person who intentionally and willfully interrupts normal operations of a licensed nuclear power or waste storage facility by unauthorized use of or tampering with its machinery, components, or controls (Sec. 9). Requires NRC to publish procedures (within 270 days of enactment) for consulting wit.h and responding to appropriate State offic.ials regarding the public health and safety concerns of a State in connection with the operation of licensed uti-lization facilities located therein. The NRC would be required to include in its annual report an analysis of such procedures and the reasons for their ~ promulgation (Sec. 8). Requires the GAO, in cooperation with the NRC, to study the' financial viability l of the GPU financial system and its future role as a provider of electric power in Pennsylvania and New Jersey (Sec.10). Section 5 of the bill authorizes and directs the Commission to develop a safety goal for nuclear reactor regulation. The Commission is directed to report to Congress by June 30, 1981 on the proposed safety goal. Section 6 authorizes and directs the Commission to establist a study of the applications of strategic analysis techniques to the safeguarding of nuclear materials. The study shall incorporate the work of the Materials Accounting Upgrade Rule Development Team. A report to the Congres: on the results of the study is called for within one year after the date of enactment of the section. Section 1(a)(5) authorizes for the Research program $2,800,000 for gas-cooled thermal reactor safety research and $19,700,00 for fast breeder reactor safety research, provided DOE is appropriated funds in FY 1981 for the fast breeder program, including a demonstration breeder reactor plant project. l O 6
l H.R. 7981 includes the followinq Section 101(a) (1) provides that an amount not to exceed $1,000,000 of the NRR budget is authorized to be used to accelerate the effort in gas-cooled thennal reactor preapplication review. Authorizes not more than $3,700,000 of the Research budget to be used to accelerate the effort in gas-cooled thermal reactor safety research. Section 101(b) includes language which presumably is intended to clarify NRC's authority to use funds for research grants, stipulating that not more than 1". of the Research budget can be used for that purpose. Section 101(c) explicitly deal's with: the funding of the Office of Analysis and Evaluation of Operational Data; semiannual reports by that office to the Comission; subsequent Comission action on such reports; and calls for a separate chapter in the NRC's annual report on the reports of the Office of Analysis and Evaluatior of Operational Data. Section 101(d) authorizes not less than $1,000,000 (from all of the programs in 101(a)) to be available for the support of NRC's activities related to the expeditious cleanup of TMI-2. Section 101(e) includes provisions for the reprograming of funds. This provision differs in some respects from the reprograming provisions in Section 101(b) of S.2358, and the differences will have to be worked out in conference if that point .is ever reached. The differeces are in the number of days Congress has to review reprograming actions (House 30 days and Senate 45 days), and the Senate excludes any reprograming of gas-cooled thermal reactor and fast breeder reactor safety research programs, l Section 105 is apparently a step in the direction of putting the NRC on a two-year authorization cycle. There is no similar provision in the Senate bill. Section 106 requires the establishment of a 12-member Three Mile Island Advisory Panel. There is no corresponding provision in the Senate bill. Section106(b) provides that the NRC, acting through the ACRS, "shall furnish the Three Mile Island Advisory Panel such technicaladvice and assistance as the panel may request to carry out its duties". Section 107 authorizes the use of not more than $500,000 of Section 101(a). funds for the purpose of conducting a study and submitting recomendations to the Congress for developing statistically valid data on the long-term health effects, if any, of employment in the nuclear power industry. The secticn calls for the report within six months of the date of enactment of the Authorization Act. There is no corresponding section in the Senate bill. Section 201 explicitly provides that no amount authori' zed under this Authorization Act may be used to compensate any person intervening in any NRC proceeding for any part of the costs of such intervention. There is no similar provision in the Senate bill.
n =g ~ s Congressional Oversight Hearing Appearances During FY 80 NRC witnesses testified a total of 44 times before 18 committees or subcommittees on such subjects as: TMI accident, cleanup, and emergency preparedness Waste Management Low-level radioactive waste disposal Supplemental appropriations Reorganization plans Consolidation plans Safety research and development Recorts to Congress 4 The NRC must keep committees having jurisdiction over its functions under rules of the Senate and the House " fully and currently informed" regarding the Commission's activities. Information on significant developments is forwarded routinely to the appropriate committees and special reports are issued in response to inquiries by committees and individual members of Congress. Periodic reports to Congress or Congressional committees are required by law on the following matters: NRC Annual Report to the President, for his transmittal to the Congress on a fiscal year basis. Abnormal occurrences in regulated nuclear activities (quarterly). Indemnity activities under the Price-Anderson Act (annual; now being incorporated in the overall Annual Report). Administration of the Freedom of Information Act (annual). Implementation of the Government in the Sunshine Act (annual). Safeguards Annual Report (annual; part of the Annual Report to the President). Printing plant report (annual). Annual plant inventory (annual). Major organizational components and numbers of employees (annual).
..'n Steps to meet provisions of Equal Opportunity Act (quarterly). 7 Progress on resolving generic safety issues related to nuclear power plants (annual; being incorporated in the NRC Annual Report). Updating of long-term research plan for projects to develop new or improved safety systems for nuclear power plants (annual). ~ Commission's views and recommendations on J.S. policies and actions to prevent proliferation (annual). ACRS report concerning nuclear reactor safety research program (annual). Conoressional Corresoondence The NRC has continuous interface with Congressional committees and subcommittees and responds to requests of a varying nature. For FY 80 NRC has responded to 950 Congressional requests. .}}