ML20214P800
| ML20214P800 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/21/1986 |
| From: | Zech L NRC COMMISSION (OCM) |
| To: | Erin Kennedy SENATE |
| References | |
| CON-#486-1802 OL, NUDOCS 8612040377 | |
| Download: ML20214P800 (2) | |
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UNITED STATES
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8-NUCLEAR REGULATORY COMMISSION a
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WASHINGTON, D. C. 20086
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November 21, 1986 CHAIRMAN
'he Honorable Edward M. Kennedy i
l United. States Senate Washington, D.C.
20510
Dear Senator Kennedy:
I am responding to your letter of October 27, 1986 in which you express deep concern in light of Governor Dukakis' position on emergency planning over a recent order of the Atomic Safety and Licensing Board in the Seabrook licensing preceeding. Specifically, you expressed concern about the authorization.to issue a license.to load fuel and conduct certain precriticality testino operations. You also stated your view:that the Commission should not permit operation of the Seabrook plant at any level of power unless a safe evacuation plan is approved by the Conunonwealth of Massachusetts.
Because your letter deals with matters currently under consideration in the Seabrook proceeding (the very decision you reference is currently under appeal by the Attorney General for the Commonwealth of Massachusetts) the Office of the Secretary has served the letter on the parties.
The Commission respects and treats with great seriousness the views of State and local governments. As an agency of the Federal government, the Commission does so in a manner that conforms with its understanding of the requirements Congress has imposed on it by the Atomic Energy Act and other applicable Federal laws. Accordingly, the Consnission's resolution of this matter will conform to these requirements.
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The procedures open various avenues' for dissatisfied parties to seek relief and appellate review within the agency.
In the event that a party remains dissatisfied with the relief provided by ager.cy process, the United States Courts of Appeals are available for judicial review and such other relief as justice may require.
I trust you will understand that any Commission decision will be part of the formal adjudicatory process and, accordingly, that no more specific response to your letter can be provided at this time.
-1 l l The Commission's licensing decisions for nuclear reactors are made in on-the-record adjudications and the Commission's Boards, as well as the Commission itself, serve as impartial judges in the adjudicatory proceedings over which they preside, approach contested safety questions 1
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Sincerely, w.4
/s LandoW.Zech,fr.
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EDWARD M. KENNEDY uneenomeens Enittb 6tates 6tnate WASHINGTON, DC 20610 October 27, 1986 Mr. Lando W. Zech, Jr.
Chairman U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Dear Mr. Zech:
I am deeply concerned over the recent decision of the Nuclear Regulatory Commission to grant the Seabrook nuclear power plant an operating license with a no power restriction.
This decision is premature and unwarranted in view of Governor Dukakis' announcement that it is impossible to submit safe emergency evacuation plans for the six Massachusetts communities that are closest to the Seabrook plant.
I urge you to, evaluate the concerns raised by Governor Dukakis' decision and the issues associated with the Seabrook project.
The safety of the residents of Massachus~etts, New Hampshire, and the New England region must be the primary consideration in determining whcther to issue an operating license to the Seabrook facility.
The NRC should not permit the Seabrook facility to operate, on any level of power, unless a safe evacuation plan is approved by the Commonwealth of Massachusetts.
If a safe evacuation plan cannot be established, then alternative uses of the Seabrook facility should be developed that will help our New England region safely meet its energy needs.
It is my understanding that Seabrook is seeking authori-zation from the NRC to begin low power testing of the facility.
I oppose any low power testing at the Seabrook facility.
Since a decision on the licensing of the plant has not been made, and should not be made until an evacuation plan has been approved by the Commonwealth of Massachusetts, it is premature to assume that the plant will, in fact, become operational.
My particular concern is that once radioactive fuel is loaded into the facility and power testing is conducted, extensive contamination will ensue,.
which will prevent the conversion'of the plant to a fossil-fuel facility in the future.
A commitment to authorize power-testing at this time could be an irrevocable short-term step that will prove extremely costly in the long term.
In the aftermath of the Three-Mile Island and'Chernobyl tragedies, we must take extra precautions to ensure the safety of nuclear power.
Even in small quantities, the transporting, loading and testing of radioactive fuel can result
'n serious mishaps.
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Mr. Lando W.
Zech, Jr.
Chairman October 27, 1986 Nuclear Regulatory Commission page Two Therefore, I strongly recommend that you delay any further decisions on licensing and low-level testing at the Geabrook plant, until an effective evacuation plan has been established for the Commonwealth of Massachusetts.
Sin ly, dward M. Kenne
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