ML20205B782

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Notation Vote Approving in Part & Disapproving in Part with Comment SECY-98-296 Re Agency Policy Re Licensee Recapture of low-power Testing or Shutdown Time for Nuclear Power Plants
ML20205B782
Person / Time
Issue date: 01/19/1999
From: Dicus G
NRC COMMISSION (OCM)
To: Vietticook A
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20205B764 List:
References
SECY-98-296-C, NUDOCS 9903310362
Download: ML20205B782 (2)


Text

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NOT ATIO N VOTE RESPONSE SHEET i

TO:

Annette Vietti-Cook Secretary of the Commission FROM:

COMMISSIONER DICUS 1

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SUBJECT:

SECY-98-296 - AGENCY POLICY REGARDING LICENSEE RECAPTURE OF LOW-POWER TESTING OR SHUTDOWN j

TIME FOR NUCLEAR POWER PLANTS Approved X in part Disapproved X in part Abstain i

Not Participating

_ Request Discussion COMMENTS:

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See auachment l

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S W 8URE Release Vote /__X_/

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/9 /799 FE Withhold Vote /

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Entered on "AS" Yes No 9903310362 990330 PDR COMMS NRCC CORRESPONDENCE PDR

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e Commissioner Dicus' comments on SECY-98-296 I approve the recommendation to grant Grand Gulf a license amendment to recover the time spent in an extended low-power testing condition before receiving the full-power operating license.

I approve the recommendation to grant similar requests from other licensees, provided the 40-year license term began with the LPOL and a separate FPOL was issued.

i I approve the recommendation to continue granting licensee requests to amend the expiration date of a license to recover time spent in construction in cases where the 40-year license term began with the date of the construction permit.

j At this time, I disapprove the staff's recommendation to deny granting license amendment requests to amend the expiration date of the license to recover time spent in a shutdown condition. My disapproval g8mi.n.2t mean that I agree to the granting of license amendments to recover shutdown time, but rather, I agree with Commissioner Merrifield, that the Commission does not have sufficient information to support the staff's recommendation. Therefore, the staff should hold this issue in abeyance until the Commission has sufficient information to make an informed decision. The staff should come back to the Commission, at some time in the future, with a more complete analysis of the recovery of shutdown time.

I concur with Commissioner Merrifield's request for an OGC legal analysis of the Atomic Energy Act as it applies to the duration of a license.

My request for additional information pertaining to the recovery of time spent in a shutdown condition and my support of Commissioner Merrifield's request for an OGC legal analysis should be prioritized by the staff in consideration of other competing work.

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