ML20009B646

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Ack Receipt of Seely Re Proposed Rule 10CFR2 Supporting Issuance of Interim OLs for Nuclear Power Plants
ML20009B646
Person / Time
Issue date: 05/29/1981
From: Kammerer C
NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To: Pell C
SENATE
Shared Package
ML20009B647 List:
References
FRN-46FR17216, RULE-PR-2 46FR17216-2, NUDOCS 8107160547
Download: ML20009B646 (2)


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@s ine Honorable Claidorne Pell "T ~ "

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Dear Senator Pell:

9 Thank you for your letter dated May 1,1951 on behalf of your constituent, Samuel Seely.

Dr. Seely is concerned about the effect of legislation recently proposed by the Comission.to grant it authority to issue interim operating licenses for nuclear power plants.

The proposed legislation is designed as an extraordinary anc temporary remedy to an extraordinary and temporary situation, which has its roots in the Three Mile Island accident and the reallocation of the Commission's resources which that accident compelled.

't would amend the Atomic Energy Act of 1954 to authorize the Commission, '..' it finds that such action is necessary in the.public interest in order to avoid the consequences of unnecessary delay in the operation of a completed nuclear p,lant,.to issue an interim operating license permitting fuel loading 'and low-power operatior and testing in advance of the conduct or completion of any required hearin;.

In all respects other than the completion of the hearing, the Comission would have to find that the requirements of all applicable laws have been met prior to allowing such interim operations.

Thus, the public health and safety, comon defense and security, and environmental findings would still have to be made, even though the public interest finding is made.

Furthermore, 6 hearing would still be held if requested by an interested person under section 189 of the Act.

The proposed amendi.,Jt would simply provide that in such a case, the requested hearing could be held or completed.

after issuance of the license authorizing fuel loading and low-power operation and testing.

Moreover, any interim license issued under this authority would be subject to any subsequent findings and orders of the Comission after the conditet of any required hearing.

The authority to issue such interim licenses would expire on December 31, 1983.

The effedt of the proposed legislation would be to advance ey several months the date of operation of plants wnere issuance of the ope ating license is contested.

The savings of time could be more substantial W. cases where tening.showed the need for modification and furtne testing.

These time savings would result in very substantial cost savines for consumers in the service areas of the affected plants.

By placing a time limit of December Si,1953 en the Com.ission's authority tc issue sucn in erim licenses, the proposed legislation would assure that the relaxation of licensing recuire-mants would be confined tc those plants which have been most directly affected by the Commission's post-TMI: actions.

Since the risks associated with low-power operation and testing are much smaller than those associated with normal full-power operation, we believe that this authority represents a 4]

minimal intrusion on our usual review anc hearine process.

Tne Commission 1

believes strongly that prompt passage of this legislative proposal is in the public interest..'

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mar 2 5 1c 81 Tne~ NRC proposal was introduced.in the Senate by Senator Simpson as S. 913.

Hearings were held by the Senate Subcommittee on Nuclear Regulation and a similar p-ovision has been included in the NRC FY 19S2/83 authorization bill-u, (S.1207) as reported by the Senate Committee on Environment and Public Works.'t-I hope that this information is helpful in responding to Dr. Seely.

Sincerely,'

/##f Carlton Kammer, virec+ r Office of Congress;voc. Affairs A

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