ML20128Q541
| ML20128Q541 | |
| Person / Time | |
|---|---|
| Issue date: | 12/20/1984 |
| From: | Saltzman J NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Numark N NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML19292E725 | List:
|
| References | |
| FOIA-85-170 NUDOCS 8507130451 | |
| Download: ML20128Q541 (2) | |
Text
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MEMORANDUM FOR:
Neil Numark, Program Assistant-HLW E
j Division of Waste Management DS Office of Nuclear Material Safety
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FROM:
Jerome Saltzman, Assistant Director M
State and Licensee Relations Office of State Programs
SUBJECT:
DOE ADVISORY PANEL ON WASTE MANAGEMENT ORGANIZATION As we discussed, I have reviewed the AMFM report in light of possible impacts on the NRC's regulatory role.
Appendix E describes the liability issue among those that were not substantially addressed by the AMFM Panel.
The discussion on pages E-17 and -18 is an accurate. account of the positions and issues as they relate to the liability question today. With respect to recommendations for alternative organizational forms to DOE for managing the high level waste progran, Appendix E states:
"It is essential that whatever organization has program responsibility have clear authority to deal with any accident, however remote the possibility. The Price-Anderson Act can be amended to apply to repository operations or other legislation can be developed."
Whether Congress would be willing to extend DOE's authority to indemnify contractors of a new entity, particularly one that would have tenuous Federal authority to obtain appropriated funds, is problematical.
If such amendment to the Price-Anderson Act were not made and if it were considered to be in' the public interest for Price-Anderson to be the vehicle to provide liability coverage to a repository (, the NRC could, if its present authority is continued beyond August 1987 the current. date for expiration of authority to enter into new indemnity agreements), exercise its authority to indemnify the licensee for the repository, whoever this entity 3 E turned out to be.
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o As the attached correspondence and Appendix E of the AMFM report indicated, E
such an approach would be a departure from the present view of how liability coverage for repositories will be handled.
If the NRC were to be a;'r / csp, s, & cc~eyns
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2-Neil Numark responsible for extending liability coverage to a repository licensee, there would be a minimal impact on NRC resources but a rather significant impact on the NRC's " role" in this area.
7 Jerome Salt. nan, As start Director State and License Relations Office of State rograms
Enclosures:
J. Saltzmar, memo to W. Olmstead, 10/3/84 W, Olmstead memo to J. Saltzman, 11/30/84 cc: G. Cunningham, ELD R. Browning, WM e
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