ML20071C613

Certifies Negotiations W/Listed Utils for Nuclear Waste Disposal Contract.Utils Requiring NRC Actions on Issuance or Renewal of License Not Able to Enter Into Negotiations

ML20071C613
Person / Time
Site:	Grand Gulf
Issue date:	02/11/1983
From:	Hodel D ENERGY, DEPT. OF
To:	Palladino N NRC COMMISSION (OCM)
Shared Package
ML20071C611	List: ML20071C613
References
NUDOCS 8303030218
Download: ML20071C613 (2)

Text

.

S.

~

p.. @

i ff TT ~

y{

e.

THE SECRETARY OF ENERGY

[ t WASHINGTON. D.C. 20685

'w February 11, 1983 Honorable Nunzio Palladino Chairman U.S. Nuclear Regulatory Commission 1717 H.

St.,

N.W.

Washington, D.C.

20555

Dear Mr. Chairman:

As you are' aware, Section 302(b) of the Nuclear Waste Policy Act of 1982 states that NRC shall not issue or renew a license for a nuclear pcwer reactor unless the utility has signed a contract with the Department of Energy for disposal services, or the Secretary of Energy affirms in writing that a utility is actively and in good faith negotiating with the Department of Energy for a contract.

Since the Department has only begun the rulemaking-preceoure to develop the contract by publishing the standard draft contract in the Federal Register on February 4,

3983, utilities requiring NRC actions deemed to be an issuance or renewal of a license are not able to enter into disposal contracts at this time.

We have identif.ied five utilities facing this problem (Florida Power and Light, Duke Power, S9uthern California Edison, Middle South Services, Pacific Gas & Electric).

The utilities have requested that the Secretary " affirm" that they are actively and in good f aith 4.egotiating with the Department for a disposal contract.

We have concluded that, during the rulemaking process, the " actively and in good faith negotiations" standard can be met by specific, detailed comments on cur proposed contract frem a utility.

On a case-by-case basis for each utility listed above that so formally requests and provides sufficient comments on our draft i

disposal contract, 1 intend to issue a written affirmation to the Commission as provided for under the Act.

As of this date, Southern California Edison, Florida Power and Light, and Duke Power Company have provided specific, detaileo comments on our draft contract.

8303030218 8302P3 PDR ADOCK 05000416 P

PDR

2 --

Therefore, I hereby certify that Southern California Edison Company, Florida Power and Light Company, and Duke Power Company are actively and in good faith negotiating with the-Department of Energy for-a nuclear waste disposal contract.

Thank you for your assistance.and cooperation.

Sincerely, d

OGt4ALD PAUL HODEL

~

i-a 4

e a

e O

4 e

r

$9 g

j '

I

.r

,,-+~..v,-e--_-

o-.--.