ML20040H384

Expresses Concern Re DOE Request for Exemption from Commission Regulations.Project Intended to Demonstrate Licensability of LMFBR

ML20040H384
Person / Time
Site:	Clinch River
Issue date:	12/08/1981
From:	Udall M HOUSE OF REP., INTERIOR & INSULAR AFFAIRS
To:	Palladino N NRC COMMISSION (OCM)
Shared Package
ML20040H383	List: ML20040H384
References
NUDOCS 8202180188
Download: ML20040H384 (3)

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The Honorable Nunzio Palladino Chairman, Nuclear Regulatory Commission Washington, D. C. 20555

Dear Mr. Chairman:

I have been iiiformed that the Commission may vote tomorrow on a request by the Secretary of Energy that the Commission itself use existing authority under 10 CFR Part 50.12 to decide whether or not to allow site preparation work to begin for the Clinch River Breeder Reactor (CRBR). Because the decision will establish a precedent and tone for future NRC licensing actions regarding the breeder reactor program, I would hope the Commission will resist pressures to act with undue haste on this matter. As

. chairman of the Committee with primary jurisdiction in the House over the nuclear regulatory' process, I am concerned about the implications of the Commission's actions (pursuant to the Secretary's request) on the siting and licensing of the CRBR.

Existing regulations (10 CFR Part 50.10) provide for a procedure whereby site preparation and excavation and certain other onsite activities could be undertaken prior to the issuance of a construction permit for the CRBR. The purpose of this regulatory procedure is to lessen the impact of the licensing process on an applicant's construction schedule and expedite completion of the project.

The Secretary has, determined, however, that this orderly procedure is inadequate in the case of the CRBR. He has requested, therefore, that.the Commission provide the extraordinary regulatory relief of granting an exemption (under 10 CFR Part 50.12) that would allow CRBR site preparation prior to and without fulfilling the requirements for issuance of a limited work authorization (LWA). To my knowledge, the Commission has not granted an exemption under 10 CFR Part 50.12 in a contested proceeding since the adoption of the LWA regulations in April 1974; a practice in keeping with the Commission policy of granting such exemptions sparingly and only in cases of undue hardship.

Prior to a final decision on the Secretary's request,.I hope the Commission will consider fully the adequacy of established LWA procedures to allow a timely commencement of CRBR site ,

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• l preparation while pr5tecting the integrity of the licensing F process and the rights of all par. ties to participate in the proceeding. .

In addressing the Secretary's request that the Commission bypass the licensing board and decide itself on pre-LWA site work at Clinch River, consideration should be given to whether this is the most appropriate use of the Commissioners' time during a period when the Commission's resources are strained by the pressure to issue operating licenses for large numbers of reactors in the face of increasing indications of significant unresolved safety issues and major defects in quality assurance programs conducted during the construction process.

Finally, to the extent that Clinch River is intended as a '

demonstration of the commercialization potential of breeder reactors (including their ability to be licensed by NRC),

it appears somewhat self-defeating to shortcut the normal -

licensing process at the first opportunity. In the event that the Commission grants the exemption sought by the Secretary, public confidence in the regulatory process as it applies to Clinch River and future breeders may suffer unnecessary and irreparable harm.

Thank you for your consideration of these views. I wil.1 watch your deliberations on this matter with great interest.

Sincerely,

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MO IS K. UDALL Chairman G

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F 3 FOR RELEASE: December 9, 1981 CONTACT: Ken Burton AM 202-225-2944 Paul Parshley 202-225-8331 UDALL TO NRC: AVOID HASTE ON CLINCH RIVER Congressman Morris K. Udall, D-Arizona, has urged the Nuclear Regulatory Commission to " resist pressures to act with.

undue haste" on a request from the Secretary of Energy to begin site preparation work on the Clinch River Breeder Reactor (CRBR) in March, 1982.

Udall, chairman of the House Interior and Insular Affairs Committee, which has primary jurisdiction over the nuclear regulatory process, said the commission decision "will establish a precedent and tone for future ERC licensing actions regarding the breeder reactor program."

On November 30, 1981, DOE Secretary James Edwards asked the commission to take the extraordinary step of granting Clinch River an exemption from existing regulations that allow site work to begin prior to. issuance of a construction permit, but after issuance of a limited work authorization (LWA). The exemption sought by Secretary Edwards.would allow CRBR site work to begin before LWA environmental requirements are met.

"In the event that the commission grants the exemption sought by the Secretary, public confidence in the regulatory process as it applies to Clinch River and future breeders may suffer unnecessary and irreparable harm," Udall said.

Udall's comments were contained in a letter to NRC Chairman Nunzio Palladino. (A complete text is attached. )

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