ML20039A678
| ML20039A678 | |
| Person / Time | |
|---|---|
| Issue date: | 11/24/1981 |
| From: | Palladino N NRC COMMISSION (OCM) |
| To: | Offinger R HOUSE OF REP., ENERGY & COMMERCE |
| Shared Package | |
| ML20039A679 | List: |
| References | |
| NUDOCS 8112210115 | |
| Download: ML20039A678 (2) | |
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<0 UNITED STATES
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't NUCLEAR REGULATORY COMMl!EION s
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November 24, 1981 CHAIRMAN rE
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The Honorable Richard L. Ottinger Chairman Subcommittee on Energy Conservation and Power Committee on Energy and Commerce United States House of Representatives Washington, D. C. 20515
Dear Mr. Chairman:
At the briefing of the Environmental and Energy Study Conference on July 28, 1981, you asked me whether a U. S.
Department of Energy (DOE) facility in which high-level commercial wastes were emplaced for test and evaluation purposes would need to be licensed by the U.
S. Nuclear Regulatory Commission (NRC).
The Commission's authority to license DOE facilities 'is set fcrth in Section 202 of the Energy Reorganization Act of 1974, which provides in part:
... the Nuclear Regulatory Commission shall have licensing and related regulatory authority.
as to the following facilities of the Administra-tion.
(3)
Facilities used primarily for the receipt and storage of high-level radioactive wastes resulting from activities licensed ender (the Atomic Energy)~Act.
Generally speaking, a test and evaluation facility involving the emplacement of commercial high-level wastes used for or as part of research and development act'ivities would not be subject to licensing.
However, if the facility were to be used primarily (emphasis added) for the receipt and storage of commercial wastes, the facility would be subject to licensing.
Regardless of NRC authority over test and evalu-ation facilities, the Commission recommends that DOE follow Part 60 for any test and evaluation. facility which might possibly become a geologic waste repository.
Otherwise...it
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is pcssible that an application to expand a test and evalu-ation facility into a repository would have to be denied or delayed because the'licensability of the site was compromised or adequate licensing information was not gathered.
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In any legislation authorizing a test and evaluation facility, the Commission recommends that Congress' intent on the li-censing question be made explicit.
Commissioner Bradford does not believe that a definitive li-censing answer can be given without specific details of the proposed facility.
He is attaching an analysis of the subject from the General Counsel.
Sincerely,
'an '(
u alladino Attachment Memo fm NRC GC to Comrs dtd October 14, 1981 cc:
Representative Carlos Moorhead s
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