ML20112E169

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Provides Info Re W Hafner & N Romaine Concerns Re Facility Interim Licensing.Effect of Interim Licensing Legislation Allows Low Power Testing Up to 5% Rated Full Thermal Power After Thorough Safety Review
ML20112E169
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 12/07/1982
From: Malsch M
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To: Carney W
HOUSE OF REP.
Shared Package
ML20105B226 List:
References
FOIA-84-250 NUDOCS 8501150046
Download: ML20112E169 (2)


Text

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L' UNITED STATES (E

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3 WASHINGTON, D. C. 20555

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December 7, 1982 i

The Honorable William Carney i

United States House of Representatives 1113 Longworth House Office Building Washington, D.C.

20515 J

Dear,

Representative Carney:

I have been asked by Chairman Palladino to respond to your request for information to answer the inquiries of two of your constituents concerning the Shoreham Nuclear Power Station.

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In his letters of September 12, 1982, and October 17, 1982, Mr. William Hafner raised questions about the propriety of NRC's request to Congress for interim licensing legislation.

Mr. Hafner asserts that the interim licensing legislation

" promotes" nuclear power and therefore should not have been suggested by or supported by the agency.

However,' this legislation allows the, agency to authorize the operation of a nuclear power plant only after a thorough safety review.

As is clear from the statements of the various congressional i

committees that have considered the matter, the interim licensing procedure cannot be invoked to the detriment of any of the agency's health, safety, or environmental responsibilities.

In order to issue an interim operating license, the Commission must find that the facility meets i

l all statutory and regulatory requirements and that there is a reasonable assurance operation of the facility under the l

interim operating license will provide adequate protection to the public health and safety and the environment.

H.R.

Rep. No.97-884, 97th Cong., 2d Sess. 36 (1982) (conference report) ; H.R.

Rep. No. 97-22, pt. 2, 97th Cong.,1st Sess.

12-13-(1981);

S. Rep. No.97-113, 97th Cong., 1st Sess.

i 12-13 (1981).

Thus, in issuing such a license the Commission's regulatory responsibility to protect the public health and safety remains paramount.

In his October 17 letter, Mr. Hafner also expressed his concern'about the resource implications of interim licensing.

NRC staff personnel involved with budgetary and

. manpower resources have concluded that there would be no adverse impact as a result of S. 2330.

The effect of the interim licensing legislation is to allow low-power testing at up to five percent of rated full thermal power, and perhaps operation at higher power levels, at an earlier time 8501150046 840518 PDR FOIA

/ 3 BELAIR84-250 PDR

Honorablo William Corn 2y 2

in the licensing process than now is possible.

The staff resources required should not be significantly greater than presently are required for low-power and full-power licensing since outstanding safety issues have to be resolved prior to the issuance of either an interim license or a permanent license.

With regard to Mrs. Nancy Romaine's questions concerning the physical inspection of the Shoreham facility if an interim license were granted, the NRC staff believes that operation under an initial interim operating license authorizing low-power testing would have no effect on the ability of any entity to perform a post-license inspection.

The only area that would be inaccessible is the reactor internals; however, even this area could be surveyed by the use of remote television monitoring.

Radiation contamination of the safety systems would be minor and, under health physics supervision, all systems external.to the reactor could be inspected.

I hope you will find this information helpful in answering these constituent inquiries.

Sincerely,

/0 Martin G. Malsch Deputy General Counsel O

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