ML20245B092
| ML20245B092 | |
| Person / Time | |
|---|---|
| Issue date: | 06/08/1989 |
| From: | Zech L NRC COMMISSION (OCM) |
| To: | Jacqueline Thompson ILLINOIS, STATE OF |
| References | |
| NUDOCS 8906230020 | |
| Download: ML20245B092 (2) | |
Text
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 205S5
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June 8, 1989 1
CHAIRMAN i
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t The Honorable James R. Thompson Governor of Illinois Springfield, IL 62706
Dear Governor Thompson:
The Commission-has recently been informed that Illinois House Bill 2310, which passed the Illinois House of Representatives on May 22, 1989, is now under consideration by the Illinois Senate.
If_ enacted, H.B.
2310 would create the Illinois Nuclear Facility Safety Act.and amend various other Acts administered by the Illinois Department of Nuclear Safety (IDNS) for the stated purpose of providing greater regulatory powers to the Department to reduce the possibility and minimize the severity of nuclear accidents at nuclear power plants, nuclear test and research reactors, facilities for the chemical conversion of uranium, and facilities for the. storage of spent fuel or high-level radioactive waste.
The Commission is of the view that some sections of H.B.
2310 violate the supremacy clause of the U.S. Constitution in that these provisions appear to inject Illinois into an area of regulation' preempted by the Federal Government under the Atomic Energy Act of 1954, as amended.
For example, section~7 of H.B.
2310 authorizes the IDNS to " promulgate _and enforce criteria" governing nuclear plant design, equipment, operation, inspection, and maintenance.
These matters are solely within the authority of the Commission insofar as they concern protection of the public from radiation hazards.
From a practical standpoint, H.B.
2310 also impinges on the Commission's exercise of I
regulatory authority, and fosters a scheme of dual or concurrent-Federal-State regulation contrary to the clear intent of section 274 of the Atomic Energy Act of 1954, as amended.
Any such dual or concurrent regulation could have a negative impact on safety, i
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.PDR COMMS NRCC CORRESPONDENCE PNV
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On behalf of the Commission, I am bringing these concerns to your personal attention.
Nevertheless, in the hope that these concerns can and will be resolved, the Commission stands ready to cooperate with Illinois on nuclear safety matters in accordance i
.with section 274 of the Atomic Energy Act and under the auspices of our recent Policy Statement On Cooperation with States at Commercial Nuclear Power Plants and Other Nuclear Production or Utilization Facilities, 54 Fed. Reg. 7530 (Feb. 22, 1989).
Sincerely, OW-r.
1 Lando W.
Z h, J cc:
Senator Patrick D. Welch Chairman, Senate Energy and Environment Committee Room 105C, State House Springfield, IL 62706 l
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