ML20205B803
| ML20205B803 | |
| Person / Time | |
|---|---|
| Issue date: | 01/08/1999 |
| From: | Merrifield J NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20205B764 | List: |
| References | |
| SECY-98-296-C, NUDOCS 9903310369 | |
| Download: ML20205B803 (3) | |
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l NOTATION VOTE RESPONSE SHEET 4
l TO:
John C. Hoyle, Secretary FROM:
COMMISSIONER MERRIFIELD l
SUBJECT:
SECY-98-296 - AGENCY POLICY REGARDING LICENSEE RECAPTURE OF LOW-POWER TESTING OR SHUTDOWN TIME FOR NUCLEAR POWER PLANTS Approved x in oart Disapprovedx in part Abstain Not Participating COMMENTS:
See attached comments.
SimTAfpRF%'
January 8,1999 DATE l
l l
Entered on "AS" Yes x
No l
9903310369 990330 l
PDR COMMS NRCC CORRESPONDENCE PDR
1 I
l COMMISSIONER MERRIFIELD'S COMMENTS ON SECY-98 296 I approve the staff's recommendations in part and disapprove them in part. Specifically, 1
1 1.
I Approve the staff's recommendation to grant the Grand Gulf license amendment.
2.
I Acorove the staff's recommendation to grant similar requests from other licensees provided the 40-year license term began with the LPOL and a separate FPOL was issued.
3.
I Acorove the staff's recommendation to continue to grant licensee requests to amend the expiration date of the license to recover time spent in construction where the 40 year license term began with the construction permit date.
4.
I Reauest that a legal analysis be developed by OGC and provided to the Commission regarding those plants in which the LPOL was amended to allow full-power operation and no separate FPOL was issued. Specifically, I request that OGC provide analysis of the following:
Is it consistent with the Atomic Energy Act (AEA) to conclude that the initial operating license begins to run when the staff authorizes full-power operat.on, irrespective of whether the grant of that authority was accomplished through a separate license (FPOL) or through an amendment to the LPOL7 The staff's position on Grand Gulf license amendment request, with which I agree, is that the 40-year license term for a plant issued a separate FPOL should commence with the authorization for full power operation and not with authorization of low power. In contrast, for licensees who were not issued a separate FPOL the staff reaches the opposite conclusion. As the staff recognizes, this regulatory scheme results in an inconsistent approach for similarly situated licensees. If two licensees were authorized on the same day to operate at full power, and only one was issued a separate FPOL, one license would reach the end of its 40-year term before the other, perhaps years earlier. I believe this sch"ne is inappropriate and arguably inconsistent with the spirit of the Grand Gulf decision, ~ 'ch discussed the implications of authorizing full-power operation. CLI-84-19,20 NRC 1055 (1984).
In Grand Gulf, the Commission acknowledged that its practice with respect to how it actually authorized full-power operation was inconsistent: in some cases it was accomplished by amending the low power operating license and in others by issuing a separate full-power license. The basis for this inconsistent practice was not explained, but the Grand Gulf decision suggests that the Commission amended the low-power license simply as a matter of administrative convenience. Ld at 1058-59. The Commission expressly stated that in any case the operating license proceeding ends with the authorization of full power, and not with the interim low-power authorization. _Ld.
at 1059. I recognize that Section 103 of the AEA limits the term of a license to 40 years, but the term " license" is not defined in the AEA and I question whether it need be interpreted so strictly as to preclude the Commission from arguing that a full-power operating license commences with the grant of the authorization to operate at full power.
5.
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. The issue of recapture for shutdown time is not squarely presented by the facts of this paper. Although the staff mentions two plants that may wish to recapture i
shutdown time, all circumstances under which a recapture of this type might be requested are not clear. Consequently, I do not believe it would be appropriate to decide this issue as a generic matter, in the context of a paper addressing a completely different situation. My decision to disapprove the staff's recommendation is not dispositive of how I would act on such a recommendation in the future, I simply do not believe I have sufficient information to support the staff's recommendation.
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na; UNITED STATES f
1, NUCLEAR REGULATORY COMMISSION
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E WASHINGTON, D.C. 20555-0001 March 30, 1999
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OFFICE OF THE SECRETARY j
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MEMORANDUM TO:
William D. Travers Executive Director for Operations Karen D. Cyr Gener 1 Counsel FROM:
ew L. Bates, Acting Secretary
SUBJECT:
STAFF REQUIREMENTS - SECY-98-296 - AGENCY POLICY REGARDING LICENSEE RECAPTURE OF LOW-POWER TESTING OR SHUTDOWN TIME FOR NUCLEAR POWER PLANTS The Commission has approved the staff's plans to grant the Grand Gulf license amendment to amend the expiration date of the license to recover the time spent in low power testing before receiving the Full Power Operatire t.icense (FPOL). The Commission has also approved the granting of similar requests from other licensees provided that the 40-year license term began with issuance of a Low Power Operating License (LPOL) and a separate FPOL was issued.
The Commission has approved the staff's plan to continue to grant license amendment requests to amend the expiration date of the license to recover time spent in construction in cases where the 40-year license term began with the construction permit date, and has approved the staff's recommendation to deny license amendment requests to amend the expiration date of the license to recover time spent in a shutdown condition where the shutdown commenced after the full power license was issued.
The Office of the General Counsel should develop a legal analysis for the Commission regarding those plants in which the LPOL was amended to allow full-power operation and no separate FPOL was issued. Specifically, the OGC analysis should provide the following:
Is it consistent with the Atomic Energy Act (AEA) to conclude that the initial operating license begins to run when the staff authorizes full-power operation, irrespective of whether the grant of that authority was accomplished through a separate license (FPOL) or through an amendment to the LPOL7 What legislative approaches are recommended if the analysis identifies issues for which legislative proposals should be considered?
(OGC)
(SECY Suspense:
5/28/99) 890 Nruu N &4
i cc:
Chairman Jackson.
l Commissioner Dicus Commissioner Diaz CommissionerMcGamgan Commissioner Merrifield OGC
~
OPA Office Directors, Regions, ACRS, ACNW, ASLBP tia E-Mail)
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