ML20147E917
| ML20147E917 | |
| Person / Time | |
|---|---|
| Issue date: | 10/08/1986 |
| From: | Kammerer C NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Asselstine, Roberts, Zech NRC COMMISSION (OCM) |
| Shared Package | |
| ML20147E883 | List: |
| References | |
| FOIA-87-737 NUDOCS 8801210241 | |
| Download: ML20147E917 (7) | |
Text
1Q Mi s Stello
\\g!
- )
UNITED STATES I
Rehm NUCLEAR REGULATORY COMMISSION Snfezek e
j W ASHINGToN. D. C. 20555 Centon p'
tober 8, 1986 h
f, err,SP
]
Bec$jr t)(
d d" h h ['/
^
Davis 3 aA g.
MEMORANDUM FOR:
Chaiman Zech Comnissioner Roberts Connissioner Asselstine Comissioner Bernthal Comissioner Carr FROM:
Carlton Kamerer, Directo Office of Congressional A fairs
SUBJECT:
MARKEY BILL ON STATE hUCLEAR REGULATIOM On Monday, October 6,1986, Congressman Ed Markey (D-MA) introduced H.R.
5652, a bill to provide for the State regulation of radiological hazards of production and utilization facilities.
The bill, entitled " the State Nuclear Safety Participation Act of 1986",
would give State governors a veto over nuclear power plants within their borders.
Attached for your information is a copy of the bill as well as a copy of the Congressman's accompanying press release.
/
cc: 1.EDO OGC ACRS OPA SECY ll$12 g i eso;19 SHOLLYO7-737 PDR
L i
s KARKEY404 i
ELC--B5652 ale 997H CONGRESS ZD SESSION H. R. 5s52 IN THE HOUSE OF REPRESENTATIVES Mr. HARKEY introduced the following bill; which was referred to the Committee on A BILL l
l l
To provide for State regulation of the radiological hazards of l
production and utilization facilities, and for other purposes.
1 Be it enacted by the Senate and House of Representatives 2
cf the United States of America in Congress assembled, 3
SECTION 1. SHORT TITLE.
4 This Act may be cited as the State Nuclear Safety 5
Participation Act of 1986.
~
'~
MARKEY404 2
1 SEC. 2. ROLE OF THE STATES.
2 (a) IN GENERAL.--Chapter 16 of the Atomic Energy Act of 3
1954 (42 U.S.C. 2231 et seq.) is amended by adding at the enri 4
the following new section:
5
SEC M LE OF THE M.AT!O.--
6, [ a.
(1) NONPREEMPTION.--Notwithstanding any other law,l
/
'7 any State may establish and enforce standards for the 8
protection of the public health and safety from the 9
radiological hazards of production and utilization facilities.
11
(2) MINIMUM LEVEL OF STRINGENCY.--Any standards 12 established under paragraph (1) shall provide a level of 13 protection of the public health and safety equal to or 14 greater than that provided under Federal law.
15
b.
STATE VETO POWER.--
16
(1) NOTIFICATION.--Not later tr._n 60 days before 17 issuing an operating license for a production or 18 utilization facility under section 103, the Nuclear 19 Regulatory Commission (in this section referred to as the 20
' Commission *) shall notify the chief executive officer of 21 each State within 10 miles of such facility of its intent 22 to issue such license.
23
(2) VETO.--At any time after receipt of 24 notification under paragraph (1), any such chief 25 executive officer may veto the issuance of such license
~
MARKEY404 3
4 1
if such chief executive officer finds, and submits to the 2
Commission in writing, that the operation of such 3
facility would be contrary to the best interests of such 4
State.
5
c.
(1) STATE RESPONSIBILITY.--The Commission shall not 6
issue an operating license for a production or utilization 7
facility unless--
8
(A) the chief executive officer of each State 9
located within 10 miles of such facility has certified to 10 the Commission that such State has approved, tested, and 11 intends to implement emergency plans (including 12 evacuation plans) approved by the Federal Emergency 13 Managment Agency; 14
(B) the Federal Emergency Managment Agency has 15 notified the Commission in writing of such approval; and 16
(C) the Commission finds such plans to be adequate 17 to protect the public health and safety.
4 18
(2) Paragraph (1) shall apply to any application for an 19 operating license that is pending on or after the date of the 20 enactment of the State Nuclear Safety Participation Act of 21 1986.
4 22 (b) CONFORMING AMENDMENT.--The table of contents of the j
23 Atomic Energy Act of 1954 (42 U.S.C. 2011 prec.) is amended
]
24 by inserting after the item relating to section 192, the 4
]
25 following t
4 l
I[
MARKEY404 4
Sec. 193. Role of the States..
e e
i I
l
o SU8COMMr7EE ON ENERGY CONSERVATION 4
AND POWER
= =s-ais EDWARD J. MARKEY
- M muoms m u,,c,n*.
m osa ans.:4.
CHAIRMAN COMMITTEE Ot! ENERGY AND COMMERCE U.S. HOUSE 0F REPRESENTATNES our e$=%ea' eye c=
WASHINGTON, DC 20818 NEWS RELEASE FOR IMMEDIATR RELEASE Contacts Thillip Gree @ erg Monday, October 6, 1984 (202) 226-2424 Raoul Rosenberg (202) 225-2036 MARKEY INTRODUCES LEGISLATION GIVING GWERNOR8 VETO CVER LICENSING OF NDf NUCLEAR FLAAT3 Washington -- Representative Edward J. Markey (D-MA) *cday introduced legislation that would allow governors to veto the licensing of new nuclear power plants. The bill also would prohibit licensing unless a governor certifies that state and l
1ccal energency plans have been tested, approved, and are ready for implementation.
Markey said, 'The American people elect their governors, whe are regularly accountable to them.
It's time we let those governors participate in the ragulation of nuclear saf ety, instead of leaving it all up to five appointees at the Nuclear Regulatory Commission (NRC) in Washington. The NRC has never permanently denied a license to any nuclear plant regardless of how serious l
the. Probless may be. '
l
'The nation's governors have the traditional responsibility for protecting the health and safety of their citizens. There's I
no reason why they should be excluded f rom participating in the l
regulation of nuclear saf ety, especially in light of the threat of l
nuclear accidents like Chernobyl. Governors should be permitted g
to veto a plant's operation if thr.y judge the dangers too great.'
i l
Under the bill, the NRC would have to notify a governor of its intent to license a nuclear plant sixty days before issuing a license. Governors could veto the plant's license if they found
4 that 'the operation of any such'f acility would be contrary to the best interests of each state.'
similarly, the NRC couldn't issue an operating license unless the governor of every state within 10 miles of the f acility certifies to the Commission in writing that energency plans have been approved, tested, and are ready to be implemented.
The bil7, would also permit states to set and enforce radiation protection standards for nuclear f acilities as long as those standards were at least as stringent as those set by the Federal Governaert.
Markey said, 'It's time for the so-called 'new federalisa' to include the regulation of nuclear saf ety. If a governor finds that energency planning for a nuclear accident is tapossible or impracticable, as Covernor Cuomo has found for the shoreham nuclear plant in New York and Governor Dukakis has found for the seabrook plant in Massachusetts, then the Nuclear Regulatory Commission could not license such a plant.'
Congressaan Karkey added, 'We are building a Congressional consensus around this legislation now so that it will gain somentum for passage next year. I intend to focus attention on this legislation during upcoming hearings.'
~30-1 I
i
.