ML20042A027

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Forwards 52 Ltrs of Comment Received Re Notice of Council on Energy Independence Petition That NRC Amend 10CFR50 to Extend Operating Life of Nuclear Power Plants.Review of Petition Underway
ML20042A027
Person / Time
Issue date: 03/10/1982
From: Henry J
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To: Kane D
COUNCIL ON ENERGY INDEPENDENCE
References
RULE-PRM-50-30, TASK-RA-221-3, TASK-RE NUDOCS 8203220580
Download: ML20042A027 (3)


Text

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NUCLEAR REGULATORY COf.1f.11SSION k. }y/

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WASHINGTON D. C. 20555 f

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  • ,0 #s MAR 101982 N 6

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Mr. Daniel W. Kane, President 6

Council on Energy Independence P.O. Box J 4

p Chicago, Illinois 60690 p

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Dear Mr. Kane:

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Subject:

Petition That NRC Amend 10 CFR Part 50 to Extend the Operating Life of Nuclear Power Plants (Your Letter 9/11/81)

Mr. Felton's letter of November 9, 1981, considered as a petition for rule-making your request that the Comission amend 10 CFk 50.51 to restore the originally intended operating life of nuclear power plants. Mr. Felton's letter assigned Docket Number PRM 50-30 to indicate that your request is the 30th petition for rulemaking concerned with the Comission's regulation 10 CFR Part 50, " Domestic Licensing of Production and Utilization Facilities".

On December 17, 1981, we published in the Federal Register a notice of re-ceipt of your petition (copy enclosed) and called for submission of comments by February 16, 1982. As of today, we have received 52 letters of comments in response to the notice. As indicated in Mr. Felton's letter, we are furnishing you with copies of comments that we have received.

We will considar the comments, available data, and other information as we progress in our review of your petition. When the Commission arrives at a decision, we will inform you of the actions the Commission will take in response to your petition.

Sincerely, mes J. Henry Regulatory Analysis 3 ranch Division of Risk Analysis Office of Nuclear Regulatory Research

Enclosures:

1.

46 FR 61484 2.

52 Letters of Comment 8203220580 820310 PDR PRM 50-30 PDR

Federal Regist:r," h 46 No. 242 / Thursday, December 1 81 / Propose,a o. %

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M484 PRM 9 -35 R A ul-3 R -Ms V.o 3 FR N - g i 12,17 NUCLEAR REGUt.ATORY COMMISSION 10 CFR Part 50

[ Docket No.PRM-50-30]

Council on Energy Independence; Fliing of Petition for Rulemaking AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of receipt of petition for

,rulemaking from the Council on Energy Independence.

StfMMARY:The Commission is publishing for public comment this notice of receipt of a petition for rulemaking filed before the Commission on September 14,1981, by the Council on Energy Independence.The petition, t

which has been assigned Docket No..

l' PRM-50-30, requests that the l

i Commission amend its regulations in 10 '

CFR Part 50 to extend the operating life of nuclear power plants.

. D ATE: Comment period expires February l

18,1982.

ADDRESSES:A copy of the petition for rulemaking is available for public inspection in the Commission's Public Document Room.1717 H Street, NW, Washington,DC. A copy of the petition may be obtained by writing to the Division of Rules and Records Office of Administration, U.S. Nuclear Regulatory i

! Commission. Washington. DC 20555.

All persons who desire to submit '

l written comments concerning the petition for rulemaking should send their comments to the Secretary of the i

Commission U.S. Nuclear Regulatory l Commission, Washington, DC 20555 -

Attention: Docket and Service Branch.

FOR FURTHER INFORM ATION CONTACT:

J. M. Felton, Director, Division of Rules l and Records, Office of Administration.

l U.S. Nuclear Regulatory Commission.

Washington, DC 20555. Telephone: (301) j 492-7211.

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a Federal Redt / ol. 46. No. 242'/ Thursdisy. Deltf?r 17.19'81/ Prop 6 sed Ruhs G1485

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f SUPPt cMENT ARY INFORMATC N:The e

petitioner states that-I

...The Commission has issued Operating Licenses (OL) for nuclear power plants for a term of 40 years from the date of Construction Permit (CP) issuance. Thus. in the 1900's and early 1970's the actuallength of permitted operation for such a phnt was around 35 years. This was due to the fact that it only took about 5 years to construct the plant and obtain an operating license.

Obviously, this is no longer the case.

It now tales much longer to construct a plant and obtain an OL Thus, the number of years the plant may be operating is shrinking.

Accordmgly, the useful and economic life of the plant is also diminished.

The petitioner requests that-

...The Commission propose a change to Section 504t which would restore the origi nally intended operating hfe of the plant.

Two alternatises are obvious:(1) tie the espiration date of the OL to the date of issuance of the operatinglicense.. {or)...

(2)lenghen the duration (of the licensej, e g the license will expire 50 years from date of issuance of the CP.

Finally the petitioner states that-

,1 was obviously the Commission's origin'a'l intent to allow a licensed plant to operate for a period of around 35 years.Due to the growing length of time between CP and OL this allowed operating time is shrinking and in many cases will result in an opeating life ofless than 30 years. While 150.51 does allow for renewal oflicenses this is not a given... and a licensee should not have to resort to such a request in order to be permitted to operate his facility for a time period originally intended by the Cornmission.

The Cummission specifically requests public comment on the petitioner's first

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alternative ((1) Provide that the OL expire 40 years from the date of issuance). Comments on the petitioner's second alternative ((2) The license will expire 50 years from date ofissuance of the Cp) will not be helpful since the Commission is permitted by statute (42 U.S.C. 2133) to issue operating licenses for nuclear power plants for a period not j

to exceed 40 years. It is thus not within -

the power of the Commission to adopt.

. through rulemaking, a regulation which provides for a license term exceeding 40 years.

Dated at Washington. DC, this 14th day of December 1981.

For the Nuclear' Regulatory Commission.

Samuel J. Chilk.

Secretaryofthe Commission, int on. ei-mum ra.a is.is-ei. s 4s l aw=o coot tsso.ai.as

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