ML20203M834
| ML20203M834 | |
| Person / Time | |
|---|---|
| Site: | Arkansas Nuclear  |
| Issue date: | 04/25/1986 |
| From: | Eisenhut D Office of Nuclear Reactor Regulation |
| To: | Jeffery Wood YELL COUNTY WILDLIFE FEDERATION |
| Shared Package | |
| ML20203M835 | List: |
| References | |
| NUDOCS 8605020018 | |
| Download: ML20203M834 (5) | |
Text
,
o Mr. Jim Wood, Chairman Forest Study Committee APR 25 g Yell County Wildlife Federation Route 2, Box 185 Dardanelle, Arkansas 72834 gg
Dear Mr. Wood:
Senator Bumper's letter of March 25, 1986, to Chairman Palladino regarding your concerns as expressed in your February 23, 1986, letter about the applicabilit of NEPA and the Council on Environmental Quality (CEQ) regulations to the r ansas Nuclear One low-level waste storage facility has been referred to this offTc.
You suggested that our response of October 16, 1985, to your letter of April 22, 1985, was "a bureaucratic run around".
In fact, our response outlined for you the regulations and procedures applicable to a waste storage facility at a nuclear power plant. The facility of concern here is an interim storage facility (not a disposal site or " waste dump"), which is a licensee-initiated action and not that of the NRC. As such, the licensee does a review and makes a determination under 10 CFR 50.59 as to safety and environmental impacts. There is simply no federal action being undertaken by NRC to trigger the requirement for a NEPA environmental assessment.
The NRC has regulations, 10 CFR Part 51, for environmental protection. The regulations are modeled after CEQ regulations and were reviewed and accepted by the Council.
I have enclosed Part 51 and the Statements of Consideration for your use.
Your letter states an interest in the lead agency concept. The lead agency concept applies only when two or more Federal agencies are participating in the same Federal action. One agency, usually the one with the major role, will be the " lead" agency for environmental review. Other agencies involved will be " cooperating" agencies and contribute within their areas of expertness. The resulting envinnmental analysis will then serve for all the agencies involved.
It would be unusual for the NRC to be a lead agency or a cooperating agency, because of the need to maintain its regulatory independance. This position is stated in 10 CFR 51.10(b).
I hope this clarifies for you the obligations of the NRC under NEPA, specifically with respect to utility interim waste storage facilities.
Sincerely, gnquocig.0TT0JJUG AqpouaIcr arauo Darrell G. Eisenhut, Acting Director Office of Nuclear Reactor Regulation
Enclosures:
As Stated cc: Sen. Bumpers SEE NEXT PAGE FOR DISTRIBUTION / CONCURRENCE T W atoolf 4evas" WR A poem oressan3 H
tbR.
hope this clarifies for you the obligations of the NRC under NEPA, specifically
'th respect to utility interim waste storage facilities.
~
i Sincerely, Victor Stello, Jr.
Executive Director for Operations
Enclosures:
As stated cc: Sen. Bumpers Distribution Central File LPDR ORAS Rdg ELD ED0 001631 H. Denton ED0 Rdg D. Eisenhut V. Stello, E00 G. Holahan SECY 86-339 M. Virgilio PDR F. Bre eman ORA?-d#'
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DllE: 04/24/S6 EDO CONTROL: 001631 DOC DT: 03/25/86 SEN. DALE BUMPERS FINAL REPLY:
TO:
CHAIRMAN PALLADINO FOR GIGNATURE OF:
GRFEN SECY NO: 86-339 gp
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EXECUTIVEkDIRECTOR
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DESC:
ROUTING:
ENCLOSES LETTER FROM JIM, WOOD-RE-LOW-LEVE NUCLEAR RMARTIN WASTE DISPOSAL SITES AT' ARKANSAS NUCLEAR ONE DAVIS Y_,
GCUNNINGHAM DATE: 04/09/86 ASSIGNED TO: NRR CONTACT: DENTON SPECIAL INSTRUCTIONS OR REMARKS:
NRR RECEIVFD: 04/10/86 ACTION:
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NRR ROUTING:
DENTON/ElSENHUT PPAS MOSSBURG/ TOMS
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PAPER NUMBER:
CRC-86-0339 LOGGING DATE: Apr 8 86 ACTION OFFICE:
EDO AUTHOR:
D. Bumpers--Const Ref-AFFILIATION:
U.S. SENATE LETTER DATE:
Mar 25 86 FILE CODE: ID&R-5 Ark
SUBJECT:
Express concern that the National Environ Policy Act and CEQ regs are not being followed with i
respect to the Ark 1 site t
ACTION:
Direct Reply DISTRIBUTION:
OCA_to Ack
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SPECIAL HANDLING: None NOTES:
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DATE DUE:
Apr 15 86 SIGNATURE:
DATE SIGNED:
AFFILIATION:
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