ML20205C095
| ML20205C095 | |
| Person / Time | |
|---|---|
| Issue date: | 03/30/1999 |
| From: | Bates A NRC/SECY |
| To: | Cyr K, Travers W NRC/EDO, NRC/OGC |
| References | |
| REF-10CFR9.7 SECY-98-296-C, NUDOCS 9904010076 | |
| Download: ML20205C095 (2) | |
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NUCLEAR REGULATORY COMMISSIONS i
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March 30,'1999
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4......e.a neeeeeeeeees OFFICE OF THE SECRETARY MEMORANDUM TO:
Wiliam D. Travers l
Executive Director for Operations Karen D. Cyr Gener iCounsel 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 Operating License (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 licer.se 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 I
separate FPOL was issued. Specifically, the OGC analysis should provide the following:
o is it consistant with the Atom;c 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 amendmcnt to the LPOL7
- What legislative approaches are recommended if the ur.alysis identifies issues for which legislative proposals should be considered?
(OGC)
(SECY Suspense:
5/28/99) l I
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l 9904010076 990330 '
PDR 10CFR
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cc:
Chairman Jackson Commissioner Dicus Commissioner Diaz Commissionar McGaffigan Commissioner Merrifield OGC ClO -
CFO OCA OlG OPA Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)