ML20023A418
| ML20023A418 | |
| Person / Time | |
|---|---|
| Issue date: | 01/16/1980 |
| From: | Vollmer R Office of Nuclear Reactor Regulation |
| To: | Christenbury E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML20023A419 | List: |
| References | |
| FOIA-82-399 NUDOCS 8002080095 | |
| Download: ML20023A418 (2) | |
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UNITED STATES g
'g NUCLEAR REGULnTORY COMMISSION
- j WASHtNGTON, D. C. 20555
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s January 16, 1980 MEMORANDUM FOR: Edward S. Christenbury, Hearing Division Director and Chief Counsel, ELD FROM:
Richard H. Vollmer, Acting Assistant Director for Systematic Evaluation Program, NRR
SUBJECT:
APPENDIX A to 10 CFR PART 100 The Systematic Evaluation Program (SEP) was approved by the Commission to compare the eleven oldest facilities to current regulatory criteria, assess the signifi-cance of deviations from those criteria and require appropriate changes to assure there is no undue risk to the public health and safety.
Appendix A to 10 CFR Part 100, initially promulgated on November 13, 1973, deals with the seismic and geologic siting criteria for nuclear power plants.
In the
" Purpose" section of Appendix A the following statement is made:
"It is the purpose of these criteria to set forth the principal seismic and geologic considerations w'iich guide the Commission in its evaluations of the suitabilits of aroposed sites for nuclear power plants and the suitability of the plant design bases estab-lished in consideration of the seismic and geologic characteristics of the proposed sites (emphasis added)."
It would appear by inspection that the requirements identified in Appendix A deal only with proposed sites and are not applicable to sites licensed prior to this regulation.
In 10 CFR 50.54(h), however, the statement is made that a condition of a license is that it is "... subject to the provisions of the act now or hereinafter in effect and to all rules, regulations, and orders of the Commission (emphasis added)." The staff has implemented on the older facilities many new require-ments as they became rules or regulations.
Two examples are 10 CFR 50.46 (ECCS requirements) and 10 CFR 50, Appendix I (ALARA).
Appendix A to 10 CFR Part 100 has not been implemented on these facilities.
A legal opinion.is needed on the'following question:
"Are the operating
. regictors legally required to meet the siting requirements of 10 CFR Part 100, Appendix A?"
It should be noted that CP's for'103 facilities on 70 sites were issued prior to promulga' q of these rules.
OL's for 33 currently operating
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[ Edward S. Christenbury January 16, 1980 m
plants were issued prior' to the November 13,1973, publication date of 10 CFR Part.100, Apendix A.
Therefore, your opinion will affect more than the eleven SEP facilities.
'Since the licensees are about to perform a design review of the facilities and the-seismic input is a loading consideration, your prompt reply would
- be: appreciated.
Richard H. Vollmer, Acting Assistant Director for Systematic Evaluation Program Division of Operating Reactors Office of Nuclear Reactor Regulation cc:
H. Denton E. Case D. Eisenhut D. - Crutchfield W. Gammill r
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