ML20039H073
| ML20039H073 | |
| Person / Time | |
|---|---|
| Issue date: | 12/08/1981 |
| From: | Palladino N NRC COMMISSION (OCM) |
| To: | Dingell J HOUSE OF REP., ENERGY & COMMERCE |
| Shared Package | |
| ML20039H074 | List: |
| References | |
| NUDOCS 8201190510 | |
| Download: ML20039H073 (2) | |
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UNITED STATES
~i NUCLEAR REGULATORY COMMISSION
- E W ASHINGTON, D. C. 20555
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a December 8, 1981 CHA AN MCEVED 9}
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The Honorable John D. Dingell, Chairman smamm Committee on Energy and Commerce as:sx m a r a United States House of Representatives 4
Washington, D.C.
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Dear Mr. Chairman:
This is in response to your request for the Nuclear Regulatory Commission's comments on H.R. 2800, a bill to amend the Atomic Energy Act of 1954 to provide that no licenses for the construction or operation of nuclear reactors at nuclear power plants shall be issued or renewed until completion of a study of the safety of such plants by the Office of Technology Assessment and to amend the Energy Reorganization Act of 1974 to provide that the Secretary of Energy shall not construct nuclear waste disposal facilities within or near to densely populated areas.
For the following reasons, the Nuclear Regulatory Commission (NRC) does not support this bill.
H.R. 2800 would authorize the Office of Technology Assessment.(0TA) to conduct a study to determine whether nuclear power plants are constructed, operated, and licensed in a manner that adequately protects public health and safety and to report to Congress the results of that study. During the period of that study, and until 90 days after OTA issues its final report, the NRC would be prohibited from issuing or renewing any. license for the construction or operation of a nuclear reactor. These provisions would essentially impose a licensing moratorium of unspecified duration because the bill does not contain any limits on the time OTA will have to prepare its report.
The NRC believes that such a moratorium is unnecessary.
Before substantial construction can begin on a nuclear power plant, the NRC staff must find that a proposed plant will satisfy NRC health, safety and environmental regulations; the NRC must conclude an adjudicatory hearing at which issues of public health and safety are fully explored; and the NRC must find that the construction of a power plant can be performed with adequate protection to the public health and safety.
Similarly, before a power plant can be licensed for operation the NRC staff must find that such operation will comply with NRC health, safety, and environmental regulations.
In addition, any person whose interest may be affected by the operation of a nuclear power plant may request an adjudicatory hearing on an application for a license to operate that
- plant, if such a person satisfies the NRC criteria for intervention, then an operating license cannot issue until the conclusion of an adjudicatory hearing and an NRC finding of adequate assurance of public i
l health and safety.
Before either a construction permit or operating license is issued, the Commission itself conducts an " effectiveness" review pursuant to 10 CFR 2.664 to determine whether the permit or I
8201190510 811200 PDR COMMS NRCC CORRESPONDENCE PDR
2 license should be made effective before completion of the administrative appellate process. The Comission believes that this licensing procedure provides adequate opportunity for a determin6 tion of whether a nuclear power plant will be constructed and operated in a manner that adequately protects public health and safety.
Accordingly, the Commission does not believe that further licensing should be conditioned on completion of an OTA review of NRC's licensing procedures.
Therefore, the Commission does not support Section 2(b)(1) of the bill.
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As a separate matter, the NRC believes it is premature to take a position on the bill's provision to prohibit the Secretary of Enargy from locating nuclear waste disposal facilities within or near to densely populated areas.
Population density is a siting factor in the NRC's proposed technical criteria for geologic disposal of high-level radioactive waste.
Proposed 10 CFR 60.122(c)(2)(v). 46 Fed. Reg. 35280 (July 8, 1981). The NRC has received a number of comments on the proposed technical rule urging the inclusion of a provision for population density in the licensing criteria.
Since the period for public comment is still open, however, we must reserve judgement on this matter until the rulemaking record is complete.
In the event we conclude that 10 CFR Part 60 should prohibit locating a repository in a high population area, we have adequate authority under existing law to do so.
Thank you for the opportunity to coment on this bill.
Sincerely, n
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Rep. James T. Broyhill l
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