ML20054J048
| ML20054J048 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 02/08/1982 |
| From: | Kenny P MASSACHUSETTS, COMMONWEALTH OF |
| To: | Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML20054J047 | List: |
| References | |
| NUDOCS 8206280016 | |
| Download: ML20054J048 (2) | |
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.Bcalen, Jia.uac/euaeth 02ina MARGARET N. ST. CLAIR
,g73 73a February 8,1982 Honorable Leonard Bickwit General Counsel Nuclear Regulatory Consnission Matomic Building 1717 H Street, N.W.
Washington, D.C. 20555
Dear Mr. Bickwit:
The Executive Office of Energy Resources of the Commonwealth of Massachusetts (E0ER) is the state agency in Massachusetts responstble for the development of state energy policy, and is empowered to receive private and federal energy related grants.
E0ER is considering proposing to NRC that NRC require Boston Edison Company to finance a home weatherization/ conservation program or other energy consumer related program, in an amount equal to the civil penalty recently proposed by HRC in connection with operation of the company's Pilgrim I nuclear generating unit.
Such expenditure would be in lieu of final imposition of the proposed penalty or in fulfillment of the penalty obligation.
Customers within the service area of Boston Edison Company and other utilities which receive power directly from the Pilgrim I unit under long term contracts would be eligible for the bene-fits of the program.
E0ER would propose to NRC, in accordance with 10 C.F.R. [2.205(b), 2.206, or other relevant regulations, that its final order include a reduction, remission or mitigation of the proposed penalty, l
in connection with an order to Edison to make payment for the public i
service program as proposed by the state.
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Should NRC decline to 1ssue such an order, or decline to do so with-out the advance agreement of the utility, the state would proceed under
$2.206(a) ("such other action as may be proper") to request that NRC issue its final penalty order in the alternative, i.e. the specified civil penalty, unless the payment for the proposed public service program is made by a date certain.
We know of no precedent, positive or negative, for consideration of such a proposal.
We are not aware of any explicit legal barriers in the applicable statute or regulations which would preclude such a disposi-8206280016 820618 PDR ADDCK 05000293 O
Honorable Lconard Bickwit
_Dage 2
. " Fcbruary 8.1982,
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tion, and, of course, analogous procedures at SEC, FTC, DOE, and other agencies provide a broad range of precedents.
Before putting Edison, the relevant state and local officials, other interested persons, and N.R.C. staff to the burden of dealing with a formal proposal, we would appreciate having a preliminary informal opinion from your office as to whether you feel that there are any legal barriers to either result, i.e. a direct NRC order to Boston Edison Company to make payments for the proposed program, or an NRC order to Boston Edison requiring payment of the penalty unless payment is made for the program.
Obviously, to be useful to those concerned, it would be riacessary to have your response as soon as possible.
Let me know if we can provide further information which would assist you in responding rapidly to this inquiry.
If for any reason a timely response appears impossible, it would be helpful to know that innediately.
Sincerely, f.
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Patrick J. Kenny General Counsel Executive Office of Energy
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Resources Commonwealth of Massachusetts 73 Tremont Street Boston, MA 02108 (617) 727-0538 PJK:mtb 1
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