ML20040C692
| ML20040C692 | |
| Person / Time | |
|---|---|
| Site: | Clinch River |
| Issue date: | 01/27/1982 |
| From: | Hill A COUNCIL ON ENVIRONMENTAL QUALITY |
| To: | Palladino N NRC COMMISSION (OCM) |
| References | |
| ISSUANCES-E, NUDOCS 8201290157 | |
| Download: ML20040C692 (2) | |
Text
.
EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QU ALITY 722 JACKSON PLACE, N. W.
WASHINGTON. D. C. 20006
'6? J J! 28 A9 :05 January 27, 1982-f,i::.O l' i.
.2Z -
Honorable Nunzio J. Palladino 66tRET NUMBER *PEM. & UTIL FA Chairman Nuclear Regulatory Cornission Washington, D.C.
20555
-Daar Mr. Chairman:
On December 24, 1981 the Cmenission issued a Memorandum and Order establishing procedures for considering the Department of Energy's request to begin site preparation work for the Clinch River Breeder Reactor prior to the hearing required in 10 C.F.R. 50.10. The procedures for considering such a request are set out in the Conmission's regulations at 10 C.F.R. 50.12.
I have reviewed those procedures and it is my view, as Gairman of the Council, that considering the exenption request pursuant to those procedures is not inconsistent with the requirements of the National Environmental Policy Act. My views on this matter are set out in the enclosed letter to Secretary Edwards.
This letter is being sent pursuant to your request for agency comments in the Manorandum ard Order and I request that it and my letter to -
Secretary Edwards be made a part of the record.
incerely yours, e(
c) i A. Alan Hill 4
Chairman s
HSCettI'O \\\\
Enclosure
(
1 "gk,5%.$
y*n!
0026
~
- g s
g/
4 mfTTk
'D5D3 s
//
8201290157 spog;97 gDRADOCK05000b37 FDR
. 4
.w e'
EXF.CUTIVE OFFICE OF TH E PR ESIDENT COUNCIL ON ENVIRONMENTAL QUALITY 702 JACKSON PLACE. N W.
WASH:N3 TON. O C 20006 b2 8J! 23 f,9 :(.5 QW b.
January 27, 1982 DC.;a :
- t. a, ;. : '
Honorable James -B. Edwards Secretary of Energy
.q,s g, p ')
Washington, D.C.
20585 1,sou. n UTIL FAC..:.rax="
Dear Secretary Edwards:
As you are aware, on November 30,1981 the D2partment requested fran the.NRC an exenption under 10 C.F.R. 50.12 to con 3uct site preparation activities for the Clinch River Breeder Reactor Plan project. Your staff has requested views on whether proceeding with such activities under the exemption would be consistent with requirements.of the National Environmental Policy Act (NEPA).
Site preparation activities were analyzed in the NRC's Final Environmental Statement (FES) prepared in 1977.-
Mere passage of time would not render' the statement inadequate with respect to those activities.
I. understand that the Department has reviewed the statement and has concluded that the activities described and the conclusions reached in the statement are still valid. Certainly, if the Commission agrees then granting the requested exemption would be consistent with the requirements of NEPA.
Ihe procedures set out in 10 C.F.R. 50.12 require the Commission to balance the exemption request with other considerations.
In this case these procedures would allow the Contnission to judge whether' the environmental impacts of the proposed activity would differ
'significantly from those analyzed in the FES.
Further the procedures give the Commission the latitude to consider whether the activities are redressable and whether conducting the activity. would foreclose oth'er alternatives, including the alternative of abandorrnent. Under these circumstances considering the request. for an exemption'from the -
requirenents of 10 C.F.R. 50.10 under the procedures set out in 10 C.F.R. 50.12 would not b2 inconsistent with the requirements of NEPA.
- .cerely yours, I
t i
A. Alan Hill' f
Chairman l
l l
l I
l L