ML20003F889
| ML20003F889 | |
| Person / Time | |
|---|---|
| Issue date: | 04/02/1981 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | Staszesky F ATOMIC INDUSTRIAL FORUM |
| References | |
| NUDOCS 8104230837 | |
| Download: ML20003F889 (1) | |
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NUCLEAR REGULATORY COMMISSION co f
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April 2,1981 2[
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to Mr. Francis M. Staszesky, Chairman Atomic Industrial Forum, Inc.
7101 Wisconsin Avenue Washington, D. C.
20014
Dear Mr. Staszesky:
This is in response to your letter dated February 17, 1981- expressing concern about projected delays in the licensing of new nuclear power plants.
The Comission has made it clear to its staff that expedited licensing decisions are a high priority and has itself devoted considerable time in seeking ways to reduce the delays being encountered in licensing new plants ready to come on line. On March 12, 1981, we provided the House Appropriations Subcomittee on Energy and Water Development with a letter report on possible additional improvements in the licensing process.
In addition, we have submitted a legislative proposal to the Congress which would authorize the Comission to permit fuel loading and low power testing prior to the completion of an operating license hearing.
I am enclosing a copy of our March 12 letter, without attachments, for your information.
If you require additional information on our efforts, copies of the attachments, our legislative proposal, and our monthly status reports may be obtained from our Public Document Room.
l Please be assured that the Comission is taking action to reduce the delays encountered in the licensing of new nuclear power plants while j
ensuring the health and safety of the public.
Sincerely, N
Joseph M. Hendrie
Enclosure:
As stated l
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i The Honorable Tom Bevill
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Chairman Subcomittee on Energy and i
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U.S. House of Representatives Washington, D.C.
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Dear Mr. Chairman:
Answers to " additional questions for the record" concerning NRC's 1982 25, 1981 with the apprcpriation reques, were provided to you on February t
exception of a report on options to review and accelerate the licensing process.
On February 27, 1981 we submitted the monthly status report updating our licensing scheduling which showed a 13 reactor month improve-This letter ment in the total delays projected fer licensing plants.
responds to the request to provide a report on possible additional improvements to the licensing process.
The basic problem we are confronting is the backlog of licensing decisions As stated in our previous responses, for new plants ready to come on line.
we believe ihe problem is a direct' consequence of the TMI accident and of the nationally accepted need to carefully reexamine the way in which the NRC and the nuclear industry fulfill their shared responsibility for As a consequence of that accident we were forced to slow our
-licensing process for more than a year, in spite of the utilization of safety.
additional resources provided by the Conoress for that purpose. and the internal redirection of staff resources.1/ This substantial pause Due to the need for occurred.while plant construction continued.
applicants to address TMI requirements and the need to adjudicate these l
'new requirements in some cases, our licensing approval process is now on
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l the critical path for operation of a number of plants.
To We believe that considerable reductions in the delays are possible.
that end the Comission has already made it clear to the staff thatAs is expedited licensing decisions are a high priority in this age ways to reduce the impact on two plants by expediting staff review, and Construction in the case of McGuire, improving the hearing schedule.
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slippage on the Zimer and San Onofre-2 plants has also reduced the impact h
However, the Comission is also investigating of the licensing process.
changes which could be made to reduce the length of the licensing process in general, in order to benefit all potentially affected plants, 1/o92'7000 Lagg dw &
1/Comissioner Ahearne notes these were to develop and evaluate additiona requirements based on lessons learned from TMI.
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Atomic Industrial Forum, Inc.
71o1 Wisconsm Avenue Washmgton. D.C. 20014 e
Telephone:130t E5 '-9260 TWX 7102249600 ATOM 10 FoR DC Francis M. stastesky Cr.:m* ar r*
February 1~,
19El The Honorable' John Ahearne Chairman U. S. Nuclear Regulatory Commission Washington, D.C.
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Dear Chairman Ahearne:
The Executive Committee of the Atomic Industrial Forum is deeply distressed over the third monthly NRR status repe.r:
recently submitted to Congress. The report identifies newly ackr.o:2 edged delays in NRC's licensing process which will result in substantial slippages in the issusnce of operating licenses for 11 plants previously expected to begin commercial operation in 1981 and 1982.
These 11 plants will have completed all construction and be poised to contribute to the safe and economical generation of electricity in many parts of the country.
Instead, they will collectively stand idle for some 80 months waiting for admin-istrative procedures to conclude and for operating licenses to be issued unless procedures available to you are invoked.
There is no safety risk in your applying these procedures.
Estimated co'sts to the public for the idling of st h facilities approximate one million dollars per day for each.
u s, NRC's present course can contribute to an additional and unnecessary cost to the public of 2.4 billion dollars.
In our judgment, this, enormous waste argues for drastic remedial steps.
We believe, among many remedies which may be effective, that the NRC should commence promptly to:
t Repeal suspension of the immediate effectiveness ~ rule.
e In 1979 the NRC suspended 10 CFR 2.764 and insti.uted a procedure which delays issuance of the operating i
license in contested cases until the Atomic Safety and l
Licensing Appeals Board has ruled on the effectiv'eness h%
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The Honorabic John ~Ahearne February 17, 1981 o
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L cf the Licensing Scard decision, and the Nuclear Regu-1s: cry Commission has itself had an opportunity to pass en issuance of the Operating License.
This procedure 1
a_ lows the ASLAB a: lear: 60 days to render its de i-sion and the NRC at least 20 additional days.
During these 80 days, the 11 currently affected completed plants will stand idle at a cost of more than 800 t
million dollars.
This change in procedure was never bt warranted and should be rescinded immediately.
In addition, the Commission should censider exercising the powers available to it under 10 CFR 2.760 (b)(2) to issue licenses itself when there are compelling publi
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interests.
Utilize generic proceedings more effectively.
e NRC should succort and enforce the policy that any matter curren':ly being, or scheduled to ':e consid'ered in a rulemaking should no: be subject to litigation in individual licensing proceedings.
Such matters are generic in nature and any determinations of how indivi-dual plants should address these issues should be held in abeyance until the conclusion of the rulemakings.
issues related to degraded core condi-For example, especially the hydrogen issue, can be eliminated
- tions, in individual proceedings by publishing the Interim on its Rule along with a clear policy statement intended use.
Increase Licensing Board and NBC Staff discipline.
NRC should issue instructions to Licensing Boards to make aggressive efforts to shorten hearing schedules, and NRC should allocate increased resources to these Licensing Boards to facilitate such schedule short-ening.
In addition, the NRC staff should be given instructions to ensure prompt readiness for hearings, and sufficient NRC staff resources should be applied to Finally, the Commission should actively hearings.
monitor the progress being made by both Licensing Boards and the NRC staff in bringing hearing processes to expeditious conclusions and, on a case bv case basis as necessary, issue appropriate guidance to' ensure such expeditious conclusions.
The Honorable John Ahearne February 17, 1981 Increase NRC Staff support :c FEMA.,
i NRC shculd provide increased s:sff supper: :o FEMA to expedite review and approval of state and local emer-gency plans.
The capa'aility to ccrry out emergency plans effectively can adequately be judged without full examination of the entire spectrum of minute details associated with emergency elanning.
In particular, low power operating licenses should be allowed prior to final review of emergency plans.
In closing, it is worth noting that the delays affecting these 11 plants represent only the tip of the iceberg of a more funda-mental problem.
The lack of NRC Staff committed to processing licenses will present a ripple effect of delays on the re-maining plants under construction that will result in billions more dollars in unnecessary costs to consumers.
It is thus crucial tha:'the NRC focus its available staff and Licensing Board resources on casework and intensify its effort to bring about necessary procedural reforms.
projects not directed toward this goal and not of fundamental safety imper:ance' should be given a lower priority.
We shall continue our search for additional measures that would eliminate licensing delays which are unrelated to public health and safety.
Meanwhile, we would be pleased to discuss with you.
any of our suggestions in greater detail.
Sincerely,
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