ML20006B769
| ML20006B769 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| 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 9002050335 | |
| Download: ML20006B769 (1) | |
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u QUESTION 4.
WhentheCommissionadoptedthe[ emergency' response rules:in response to the Three Mile' Island accident, it declared that it " recognizes that this proposal, to view emergency planning as equivalent to 'rather-than secondary to siting and design in public protection, departs from its prior regulatory approach to emergency planning." 44 Fed. Reg. 75169.
Has the Commission departed from this view as expressed when the rule was adopted? If yes, why?
ANSWER.
The question proceeds from the slightly inaccurate promise that the quoted language accompanied the rules " adopted" by the Commission.
In fact, the quoted language appeared in a notica of proposed rulemaking h
issued on December 19,1979. The relevant question, therefore, is what c
the Commission said and_ intended at the~ time the rules were actually adopted.on August 19,1980(45 Fed. Reg. 55402). 'That precise issue was discussed in detail, and the Commission's-position was clarified in the 1987 final rule on emergency planning in cases of state and/or local.
-l non-participation in emergency planning, 52 Fed. Reg. 42078, 42081-82
~(See " Issue #5:
Is emergency planning as important to safety as proper plantdesignandoperation?"). Rather than try to paraphrase that dis-cussion, we refer you to the Federal Register notice which is appended as Attachment A to the answer to Question 3.
The validity of the 1987 final rule was upheld by the U.S. Court of Appeals for the First Circuit in Commonwealth of Massachusetts v. United States, 856 F.2d 378 (1988).
'A copy of that decision is appended as Attachment B to the answer to 9002050335 900117 g
Question 3.
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