ML20035A428
| ML20035A428 | |
| Person / Time | |
|---|---|
| Issue date: | 03/22/1993 |
| From: | Selin I, The Chairman NRC COMMISSION (OCM) |
| To: | Oleary H ENERGY, DEPT. OF |
| References | |
| NUDOCS 9303260048 | |
| Download: ML20035A428 (2) | |
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION i
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March 22, 1993 j
CHAIRMAN i
i The Honorable Hazel O' Leary Secretary of Energy j[
Washington, D.C. 20585 i
Dear Secretary O' Leary:
The purpose of this letter-is to advise you of the critical need for action by j
the Department of Energy concerning the Nuclear Regulatory Comission's assumption of responsibility for safety and safeguards oversight of the
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gaseous diffusion plants. As you are aware, the uranium enrichment provisions of the Energy Policy Act of 1992 contemplate that the NRC will exercise this regulatory responsibility.
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Section 1701(a) of the Atomic Energy Act, as amended by the Energy Policy Act, l
provides that NRC will issue standards for the diffusion plants within two
.i years (by October 1994). However, the Act specifies a July'1, 1993. transition date for DOE to begin leasing the plants to the U.S. Enrichment Corporation (USEC), while Section 1701(d) states that USEC cannot' operate the plants until l
NRC certifies that USEC is in compliance with the new NRC standards or NRC i
approves a compliance plan prepared by D0E.
l Since October 1992, our staff has worked closely with DOE personnel toward an.
f objective of NRC assumption of regulatory responsibility.for the plants by l
July 1, 1993.
This collaborative effort assumed that DOE would submit a satisfactory compliance plan by March 15, 1993,.early enough for NRC review and approval prior to July 1.
for NRC to approve the compliance plan, it must l
be more than an umbrella plan or a general justification for continued operations. Essential elements include the following:
a) identification of all applicable DOE orders, b) an assessment of the extent of compliance with the terms of those orders, and c) a~ description of how compliance will be-l achieved where the facilities do not now comply.
i The planned submittal date of March 15, which was based on our need for a 3-4 month review effort, has now passed.. Furthermore, based on frequent discus-i sions with the DOE staff, we are concerned that the submittal will not have-t the essential elements which would enable us to approve it by July 1,1993.
Nevertheless, we will continue to work with your staff even after that date to develop a satisfactory _ compliance plan.
However, NRC cannot take regulatory oversight of USEC operation of the i
diffusion plants-until a suitable compliance plan has been approved by NRC or l
until after NRC issues standards in late 1994 and, after review of an j
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i application against those standards, issues a certificate of compliance.
Therefore, it is important that the Department notify us of its proposed course of action as soon as possible.
f We will continue to draft the NRC standards as expeditiously as possible to meet our obligation of having such standards in place by October 24, 1994, and i
will continue to cooperate with your staff on all matters related to regula-tion of the plants.
3 Sincerely, il fyo Ivan Selin 4
cc:
The Honorable Leon Panetta, Director Office of Management and Budget l
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