ML20236F143
| ML20236F143 | |
| Person / Time | |
|---|---|
| Site: | Seabrook, 05000000, Shoreham |
| Issue date: | 10/21/1987 |
| From: | Breaux J SENATE |
| To: | Zech L NRC COMMISSION (OCM) |
| References | |
| FRN-52FR6980, RULE-PR-50 NUDOCS 8711020011 | |
| Download: ML20236F143 (2) | |
Text
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1 PROPOSED RULE (52 FR 698b-,
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October 21, 1987 QFFfCE W H ch gan.
u0CKEilNG & SEWicr' 3
BRANCH Honorable Lando Zech, Jr.
Chairman Nuclear Regulatory Commission 1717 H Street, N.W.
Washington, D.C.
20555 Dear Mr.
Knowing that the Commission is scheduled to receive a briefing,, tomorrow, from the staff on SECY 87-257, relative to the emergency planning rule, I want to first apologize for the last-minute nature of this letter.
I would also like to request that this letter be noted on the Commission's docket and made available to interested parties.
While I do not wish to prejudge the decision of the Commission, my review of the,SrcYcpaper raises some questions in l
my mind that I would hope yo'u and your fellow Commissioners will raise with the staff in your discussions.
As I understand the Commission's original proposed rule, it acknowledged that its 1980 regulatory actions were premised upon the assumption "that all affected state and local governments l
would continue to cooperate in emergency planning throughout the i
life of the license."
The Commission also has acknowledged that its 1980 regulations were not designed nor intended to create The l
possible state and local vetoes of full power operation.
proposed rule, as I understood it, was intended to address the situation that has arisen with respect to the Shoreham and Seabrook plants by, in essence, permitting the issuance of a full power operating license in the face of the refusal to fully participate in the emergency planning exercise by state and local governments if the applicant could satisfy four tests delineated in the proposed rule, i
Now, the Coramission's staf f, after consultation with the j
Federal Energy Management Agency, has recommended a variation of j
y the proposal contained in SECY-87-257, which does not appear to correct the regulatory problems inherent in the Commission's 1980 amendments.
First, the Staff's recommendation does not spell out how the NRC is to deal with a situation in which state and local officials argue that they will respond to an actual radiological emergency, but will not utilize the utility's plan.
- Hence, l
following the Staff's recommendation, it may be extremely 1
difficult to reach the conclusion that adequate protective l
measures "can and will" be taken based on the utility's plan.
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8711020011 871021
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P. Crane, H-1035 i O d
J. Lane, 266 PHIL j
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i The' Honorable'Lando'Zech j
- October 21,'1987
- Page Two Tsecond, the Staff's recommendation seems to be premised upon j
l an overly restrictiveLinterpretation of the " realism doctrine,"
.which appears to. require first, that the utility, and'then the NRC,l read.the minds of'how state and local' governments will respond in.the future 'and then' litigate the effectiveness of that response.
This-.would appear difficult to do in instanceu where-there is no communication.between the state and/orflocal
'I officials-and the utility.
I do not believe that Congress regarded the concept of
~ utility plans as' including a request that the utilities; read.the minds of.how non-cooperating state and local officials will-3 respond and then litigate the effectiveness of.that response.
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Certainly,'this was not an element of the most recent debates over the emergency. planning rule which'have resulted in votes in both the House and~the Senate that many have interpreted as supporting the Commission's proposal.
I. request that this letter be circulated to your four fellow Commissioners as well as be placed 'in the NRC's Public Document Room.
j
- 44cerely, N BREAUX j
ited States Senator
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