ML20235A257
| ML20235A257 | |
| Person / Time | |
|---|---|
| Issue date: | 05/05/1987 |
| From: | Asselstine J NRC COMMISSION (OCM) |
| To: | Udall M HOUSE OF REP., INTERIOR & INSULAR AFFAIRS |
| Shared Package | |
| ML20235A045 | List: |
| References | |
| FOIA-87-737 NUDOCS 8801120171 | |
| Download: ML20235A257 (2) | |
Text
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e UNITED STATES NUCLEAR REGULATORY COMMISSION p /
j WASHINGTON, O C. 20555 l
- hq # May 5, 1987
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OFFICE OF THE COMMISSIONER /
l The Honorable Morris K. Udall, Chairman l Subcommittee on Energy and the Environment l Committee on Interior and Insular Affairs '
l United States House of Representatives Washington, D.C. 20515
Dear Mr. Chairman:
Due to a previous engagement, I regret that I will not be able to attend -i the Subcommittee's hearing scheduled for May 7,1987 on various legislative I proposals. With the exception of the testimony on H.R. 1319, I am in general agreement with the Comission's testimony. 'I would like to take !
this opportunity, however, to raise a concern with a provision in !
H.R.1570, the " Nuclear Power Emergency Response Data System Act of 1987,"
which is not addressed in the Comission's testimony, and to provide my coments on H.R.1319.
Section 3(a) of H.R. 1570 includes a sentence which states that "No system i may be required to be installed at a facility for any activity related to emergency planning for that facility other than the systen required to be installed at a facility under this subsection for the transmission of emergency response data." I read this sentence to mean that the nuclear emergency response data system proposed in H.R. 1570 will preempt any existing or contemplated emergency response data system which a State l requires or may wish to require in order for that State to carry out its i emergency preparedness responsibilities. This will have the effect of placing limitations upon any existing energency response data system, such as the one in the State of Illinois, or any future system which a State may wish to require to fulfill its emergency response responsibilities.
The governors of the States have health and safety responsibilities, which include determining appropriate emergency response actions in the event of an accident at a nuclear power facility. I believe it would be a great mistake to limit the information which a governor believes would be necessary to make these important emergency response judgments, including whether to evacuate the public.
While I support the intent of H.R.1570 in creating a nuclear data link i
system for the NRC, I seriously question this federal preemption provision.
I believe it would be a mistake to limit the information needs of a governor in carrying out the State's protective. action responsibilities.
i With regard to H.R. 1319, I do not support this proposal. The Commission l made a similar request to expand the scope of section 17a of the Atomic l Energy Act when that provision was added to the Act in 1980. However, the l
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Congress rejected the proposed expansion, to include generic as well as site-specific safeguards information, as being overbroad in scope and unnecessary. I believe that the judgment of the Congress in 1980 was correct. The experience of the past several years indicates that the Commission's site-specific authority is sufficient to' withhold sensitive security information from public disclosure, and I do not believe that the 1
Connission has identified'a sufficient justification for the added authority contained in H.R.1319. .
I hope that .these comments are helpful to the Subcommittee's consideration of these legislative proposals.
Sincerely, A ..
James K. Asselstine cc: Rep. Manuel Lujan, Jr.
Rep. Jerry Huckaby i
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