ML20006B753

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Carrs Response to Ph Kostmayer Subcommittee on General Oversight & Investigation on Question 1 from
ML20006B753
Person / Time
Site: Seabrook  NextEra Energy icon.png
Issue date: 01/06/1990
From: Carr K
NRC COMMISSION (OCM)
To: Kostmayer P
HOUSE OF REP., INTERIOR & INSULAR AFFAIRS
Shared Package
ML20005H003 List:
References
CCS, KOSTMAYE-900106, NUDOCS 9002050322
Download: ML20006B753 (1)


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1 00ESTION 1.

Does the NRC agree that it is legally required to j

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-deny an operating license to a new plant for which a state, local or utility plan meeting the " reasonable assurance" standard legislated in-the 1980 Authorization bill has not been approved?-

ANSWER.

-l The Commiission's' emergency planning regulations include a " reasonable' assurance" standard for the issuance of an operating license (" reasonable assurance.that adequate protective measures can and will be taken in the event.

ofaradiologicalemergency").(see10CFR50.47(a)(1)). The regulations also include a provision, 10 CFR i 50.47(c)(1), which states that failure to meet i

the standards set forth.in 10 CFR 5 50.47(b) for determining the adequacy of

.an emergency plan may result in denial of an operating license but that the i

applicant will have an opportunity to demonstrate to the satisfaction of the Commission that the deficiencies in the plan are not significant-for the plant.

-that adequate interim compensating measures have been or will be-taken promptly, ~or that-there are other compelling reasons to permit plant operation.

.-In considering these matters, the Commission has, from the outset, indicated T

that it will detemine whether deficiencies in a plan (state, local, or utility)-can be compensated for by provisions in another plan for that site.

See 45 FR 55402.(August 19, 1980) and 52 FR 42078 (November 3, 1987).

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T 9002050322 900117 PDR COMMS NRCC CCRRESPONDENCE PDC e...

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