ML20031A762
| ML20031A762 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 09/15/1981 |
| From: | Kammerer C NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Lagomarsino R HOUSE OF REP. |
| Shared Package | |
| ML20031A763 | List: |
| References | |
| NUDOCS 8109250389 | |
| Download: ML20031A762 (1) | |
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NUCLEAR REGULATORY COMMISSION
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The Honorable Robert Lagomar' ino
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United States House of Representatives
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Washington, D.C.
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Dear Congressman Lagomarsino:
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Thank you for your recent letter on behalf of your constituent, Janet Barker, who suggests tnat a local referendum be held prior to any decision on the operation of the Diablo Canyon nuclear power plant.
The NRC's procedures for licensing a nuclear power plant are pres hM b3 by the Atomic Energy Act of 1954, as amended.
The Act requires p ic 4
,s hearings and favorable findings by an NRC Atomic Safety and Licerfsinqp
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Board on environmental and safety-related issues before construc? iog k /f()
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of a plant is authorized.
7, fj Before operation is authorized, the utility must apply to the NRC-for a O, qp E
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.4 operating license.
The utility's application is subjected to t%,yame kind of thorough safety review by the NRC staff and the indepensent6 Advisory Committee on Reactor Safeguards as was the case at the constru'etion permit stage.
The NRC's environmental review takes into account c.atters which may be significantly different fran those considered earlier.
A public hearing is optional under the Atomic Energy Act at the operating licecse stage.
If a request for hearing is received and granted, as in the case of Diablo Canyon, issuance of an operating license is dependent on favorable findings by the Atomic Safety and Licensing Board.
This can occur only af ter the NRC staff safety and environmenta! reviews are completed, a quality assurance program for operations has. been implemented I
and approved, and the facility has been inspected to be sure it has been built properly and is ready for fuel loading.
In the Lse of Diablo, the licensing board has completed its review of I
i all of the issues related to the issuance of a low-power license and has issued a favorable decision.
The Commission is now' reviewing the record l
of the proceeding and will make a decision on whether or not the plant should be allowed to begin low-power operations within the next 10 days.
Although the Atomic Energy Act and the Commission's own regulations
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provide numerous oppcrtunities for pelic input in the NRC's review of safety-related issues, there is no provision for a popular referendum.
i The Act would have to be amended in order to accommodate Ms. Barker's suggestion.
Until it is, the Commission will continue to issue licenses based on current procedures and its own detennination with respect to the applicant's ability to operate the plant in a safe and environmentally-sound manner.
D Sincere}yj lll er,OTrecE0r ce of Congressknal Maks 8109250389 810915 I
PDR ADOCK 05000275 H
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