ML20127H460
| ML20127H460 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 03/12/1969 |
| From: | Shaper H S US ATOMIC ENERGY COMMISSION (AEC) |
| To: | Badalich J MINNESOTA, STATE OF |
| Shared Package | |
| ML20127H462 | List: |
| References | |
| NUDOCS 9211180519 | |
| Download: ML20127H460 (2) | |
Text
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Mr. John F. Badalich Executive Director Minnesota Follution Control Assacy d$'
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l 459 Board of Realth Building g g f.j// sp e s-University Campus f,,
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Minneapolis, Minnesota 55440
Dear Mr. Dadalich:
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3 With your letter of February 17,196J,'o the Minnesota Pollu-you enclosed, for review and comment, a special report t tion Control Agency on " Radioactive Pollution Control in Minnesota." That report is aw under review by our staff and you may expect to hear from us as soon as the_ review has been completed.-
In y wr letter you state that your Agency's weste disposal para.t for the Northern states Power Company's Monticello r
Nuclear Power Plant "will antail setting effluent and emis-sion levels of radioactivity more stringent than those levels of discharge allowed under the AEC standards." You advise us that your Agency is preparing radioactivity standards that "will be more stringent than the radioactivity standerds proanal-Sated by the AEC."
You also refer to a statement attributed to Mr. Boward shapar, our Assistant General Cc.unsel, Licensing and Regulation, and request doceentation in support of his posi-tion.
The statement made by Mr. shapar, with which we agree, was as follows:
"In the absence of a section 274 agroenent with the AEC, the states do not have jurisdiction to establish water quality standards pertaining to, or to regulate, the radiological-effects of releases of affluents containing byproduct. source, or special nuclear material. Even in those states which have entered ~
into section 274 agreements with the AEC, it is the AEC rather than the state which regulates che dis-charge of radioactive affluents from production and utilization facility sites (e.g., power reactors)."
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7 brin AEC-818 (Rev,941)
A PDR
Mr. John P. Badalich l The following enclosed material is generally consistent with that statements (1) Opinion of the Attorney General of Michigan, dated October 31, 1962; (2) Opinion of the Attorney General of South Dakota, dated July 23, 1964; (3) A report, dated July 12, 1963, by the Committee on Atomic Energy of the New York state Bar Association: " State Jurisdiction to ReFulate Atomic Activities:
Some Key Questions."
I am also enclosing a copy of my letter to the President of the Council of The City of New York, dated June 11, 1963.
It may be mutually helpful to have a toeeting to discuss these matters, and, in that regard, I hope that you will get in touch with Mr. Harold L. Price, our Director of Regulation, during your next trip to Washington.
Sincerely, Chairman
Enclosures:
As stated above Distribution:
Chairman (2) cc:
Mr. Robert C. Tuveson Secretariat (2)
Chairman, Minnesota Pollution Hl. Price Control Agency, w/o enc 1.
HKShapar Distribution:
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REG Files //C d,i/
Comissioner Ramey Commissioner Tape iles (Beth/G' town)
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Comissioner Johnson C. Henderson Commissioner Costagliola G. Ertter C. K. Beck F. Western M. M. Mann PAMorris
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