ML20070R557

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Urges Approval of DOE Request for Early Site Preparation for Const of Crbr If Criteria of 10CFR50.12 Met
ML20070R557
Person / Time
Site: Clinch River
Issue date: 02/26/1982
From: Baker H
SENATE
To: Palladino N
NRC COMMISSION (OCM)
Shared Package
ML20069D029 List:
References
FOIA-82-516 NUDOCS 8302030086
Download: ML20070R557 (1)


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Co*4MITTEE ON ENVIRONMENT AND PUBl.8C WOR,CS .

8m'** . Tase. sa. *samarTV *w' 8***m" WA5HINGTON. D.C. 20510 February 26, z982 The Honorable Nunzio J. Palladino .

Chairman .

U.S. Nuclear Regulatory Commission

. Washington, D.C. 20555

Dear Chairman Palladino:

The Commission currently is considering a request by the Secretary of.

Energy to begin early site preparation activities for construction of the Clinch River Breeder Reactor. The recuest of the Secretary is made pursuant to section So.I2 of the regu:ations of the Commission, a section which has been retained for nearly a decade as an appropriate procedure under which the Commission may, in the public interest, permit redressable, non-safety-related site work to begin when such action is consistent with the Commission's mandate to protect the .

public health and safety.

If the Commission finds in its deliberations and considerations that the four criteria of zo CFR So.I2 are satisfied, then I believe it is consistent with the established and continuing purpose of section So.z2, and in ' -

the public interest as expressed repeatedly by the Congress, for the Commission to act favorably on the submission by the Secretary of Energy. The intent of the Congress has most recently again been expressed in the Conference Report on the Omnibus Budget Reconciliation l Act of 2982 Project is iden(P.L. tified as 97-35), wherein an essential element theofClinch River the Liquid Breeder Metal Fast Reactor Breeder Reactor program. The Conferees directed that the Project should be constructed in a timely and expeditious manner. The accompanying, floor statements by the managers of the Reconciliation Act in both Houses of the Congress interpret and amplify that report language.

In my judgment, if the Commission finds that the require' m ents of section 5o.z2 are met, favorable action on the DOE request would be entirely in harmony with the Commission's statutory role to protect the public health and safety, while continuing to reserve for the Congress

' the policy catermmation related to the funding, timetable, and role of the Project c the LMFBR program.

I ivould appreciate consideration of these views as the Commission continues its deliberations.

Sincerely, U'

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( oward H. Bak r, Jr HHBJr:rdt r302030086 821229