ML20203F627
| ML20203F627 | |
| Person / Time | |
|---|---|
| Issue date: | 12/19/1997 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20203F588 | List: |
| References | |
| SECY-97-274-C, NUDOCS 9803020012 | |
| Download: ML20203F627 (3) | |
Text
.
NOT ATION VOTE RESPONSE SHEET TO:
John C. Hoyle, Secretary FROM:
COMMISSIONER MCGAFFIGAN
SUBJECT:
SECY-97-274 - RESPONSE TO REQUEST FOR RECONSIDERATION OR DELAY OF IMPLEMENTATION OF THE PORTION OF THE FINAL POLICY STATEMENT ON RESTRUCTURING AND [iCONOMIC DEREGULATION OF THE ELECTRIC UTILITY INDUSTRY ADDRESSING JOINT AND SEVERAL LIABLITY OF OWNERS j8 Approved X
Disapproved Abstain Not Participating Request Discussion
% dA k s M' COMMENTS:
kLOld hadA SIGNATURE
[I/ U b Release Vote / N/
I L; i
17 ggo30ggojfjoj20 DATE I
y CORRESPONDENCE PDR Withhold Vote /
/
f Entered on "AS" Yes X
No VS030 i etv
dele Gary J. Newell, Esq.
Spiegel & McDiarmid 1350 New York Avenue, N. W.
Woohington, D. C.20005 4798 RE:
FINAL POUCY STATEMENT ON THE RESTRUCTURING AND ECONOMIC DEREGULATION OF THE ELECTRIC UTIUTY INDUSTRY Deer Mr. Newell:
Bylater dated October 14,1997, you filed " Publicly Owned Systems' Request for Reconsideradon or, in the AnemeNve, Motion to Daley EWeceveness of a Portica of to Final Potoy Statement in Order to Receive AddWonal Pubile Comment", on beheN of eight munidpol and -:+:5+;e; owned elecote uuny systems CP@cly owned Systems 7. The PubNoly Owned systems requested that to Commionion reconsider that portion of the Final Policy statement which addreened joint and several liebaty of co ownerenicensees of nucieer piants.
For the following reasons, the Comminaion doolines to recor,Wder or deley the eNediveness of that person of the Final Policy Statement.
i The Final Poucy Statement did not oreste a binding rule or reguhdion. It in no way amored private contractual errengements. Moreover, it empressed no change in prior NRC
, it est forth a view that me NRC moy, umier unusual, specific circumstances, consider joint and sevMal responelbitty on co ownerealoonness of nudeer plants. A etstoment of policy creates no tAnding reguiseon or rule for lloonsees. See Umanb4 Ecodogy Acebn v. NRC, 000 F. 2d 719, 738 (3rd Cir.1980). Thus, no rights or obilgelions of Ilooneses are eNected by the Policy statement.
in addluon, the NRC has not etened that it wW ebrogate contractual reisuons cresdng pnweis responelbludes or interfere wNh a prwete dMalon of responsibuty, in fact, the NRC eh M+1 that prwees dMelon of responalbitty is the norm, and should remain the operseve standard Rather, the NRC empressed the view het in :%J;..wp circumstances, f
gJohere oubuc healti and esfaty is adversely eNeded, it would consider imposing joint and eeveral i: :,-;+2
- This does not represent a departure ftom previous Commiselon pnnctice.
_ tg3 See, e.g., Pubile SIMios CornpanyofNewHampsh6e (Seabrook Stepon, Units 1 and 2), 6F CU 8810,28 NRC 573 (1988),
$y%,
The Final Policy Statement IIs futy with the" Proposed Rule on Requirements for Ceis,E*::':-,;,4 Power Plane",(82 Fed.
. 47588 (September 10,1997)), wherein to NRC nets nhet mpooluonof jointandsever lisbuityfor
-f+:-:,J'E':{.l,4 costs may c ' he
'.m the Commissioyconsiders the level of finendel ensurance for -f+:-:-i
'::':{.;,4 to be Wm. Thus the NRC new"no need to impose en additional reguistory obligation of joir". liablIty on oMnuners or co4censees."
82 Fed. Reg. 47588 et 47594, if the Publicly Owned UtlNues, never1heises, ochove there is some inconsister q between the proposed rule and the Final Pohey Statement, they may oGer l
/
WYlW y.
)
j Gary J. Newell f.
such comment with respect to rule. The Final Policy Statement does not impose anyregulatory obligation on li es. As stated above, it is a statement of policy, not a binding rule. It merely leaves oper)the possibility that under certain unusual circumstances, the NRC may consider imposing joint's hd several liability.
The Commission sees no need to delay the effectiveness of that portion of the policy statement pending additional comment. The comment period for the draft policy statement, which was open from September 23,1996 until February 9,1997, provided ample time for comment on all issues raised it is unlikely that an additional comment period would provide information or insight on this issue not previously brought to the attention of the Commission.
For the foregoing rossons, the Commission declines to reconsider or delay implementation of the Final Policy Statement.
Sincerely, I
John C. Hoyle, Secretary l
f
[p ts ou'%';,
UNITED STATES
/'
NUCLE AR REGULATORY COMMISSION I
wassmotow.o c ross5 coot January 20, 1998
,,e...+
6tCRETAmy MEMORANDUM TO:
L. Joseph Callan Executive director for Operations Karen D. Cyr e ral C ns l FROM:
ohn C.
le l
SUBJECT:
STAFF REQUIREMENTS: SECY 97 274 RESPONSE TO REQUEST FOR RECONSIDERATION OR DELAY OF l
lMPLEMENTATION OF THE PORTION OF THE FINAL POLICY STATEMENT ON RESTRUCTURING AND ECONOMIC DEREGULATION OF THE ELECTRIC UTILITY INDUSTRY ADDRESSING JOINT AND SEVERAL LIABILITY OF OWNERS The Commission declined to reconsider or delay implementation of its Final Policy Statement on the Restructuring and Economic Deregulation of the Electric Utility Industry as requested by eight municipal and cooperatively owned electric utikty systems, and approved the proposed response to Gary J. Newell, ESQ, of the firm Spelgel and McDiarmid, subject to the enclosed editorial revisioris. The revised letter to Mr. Newell should be forwarded for the signature of the Secretary of the Commission.
(EDO/OGC)
(SECY Suspense:
01/30/98) cc:
Chairman Jackson Commissioner Dieus j
Commissioner Diaz Commissioner McGaffigan CIO CFO OCA OlG Office Directors, Regions, ACRS, ACNW, ASLBP (by E Mail)
This SRM, SECY 97-274, and the Commission Voting Record will be made publicly available 5 working days from the date that the letter to Newell is signed and dispatched.
}f1D2.2?0]?$
2 I
EDITORIAL CHANGES TO NEWALL LETTER (SECY g7 274)
Paragraph 2, line 2: Insert 'or policy
- after ' practice" at the end of sentence 3.
Paragraph 3, line 6: Insert
- in order to address the health and safety issue" after
' responsibility" at the end of sentence 3.
Paragraph 3, line 8: subst'tute a period for the comma at the end of the sentence.
Paragraph 4, line 2: Move the comma inside the final the quotation mark in sentence 1.
Paragraph 4, line 3: Insert ' broad' before ' imposition" in sentence 1.
Paragraph 4, line 4: Insert ' generally' after
- Commission
- in sentence 1.
Paragraph 4: End paragraph 4 with sentence 3. Begin new paragraph 5 with the following insert: "The Commission did not intend to create additional uncertainty regarding liability, especially recognizing the present climate of electdn utility restructuring. Rather, the Commission desires to clearly state possith cc,urses of action should circumstances dictate." Sentences 4,5, and 6 of existing paragraph 4 should be added to new paragraph 5, subject to insertion of ', and gives notice of," after
'open' in sentence 6 (line 11, existing paragraph 4).
4 1
w.
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