ML19347E602

Forwards Ks City Power & Light Co 810320 Ltr Urging Expedited Licensing of Plant.Requests Accelerated & Fair Resolution of Matter

ML19347E602
Person / Time
Site:	Wolf Creek
Issue date:	04/13/1981
From:	Kassebaum N SENATE, COMMERCE, SCIENCE & TRANSPORTATION
To:	Hendrie J NRC COMMISSION (OCM)
References
NUDOCS 8105130113
Download: ML19347E602 (3)

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Mr. Joseph Hendrie Chairman

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Dear Mr. Hendrie:

I am enclosing a copy of correspondence from Arthur J. Coyle of Kansas City Power and Light Company regarding the Wolf Creek Nuclear Generating Unit.

Part of this correspondence is a letter earlier addressed to you expressing concerns about the delays involved in the processing of an application for an operating license. I believe that a num-ber of the points he makes in his letter are justifieu and would appreciate any efforts you could make to resolve this matter in an expeditious manner that is fair to all interests involved. I would

be happy to lend any assistance to accelerating work on this matter.

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Thank you for your consideration, and I would appreciate an early reply.

Warmest regards, 3

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q, Nancy Landon United States Senator sebaum 4

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KANSAS CITY POWER & LICHT COMPANY 8330 sALTineost AvCNUC o.non m KANSAS CITY. MISSOURI 64141

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• T-Honorable Nancy Landon Kassebaum [ Oeind United States Senate 0;M~; MSMTM 5.M2 ' D' e

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Dear Senator Kassebaum:

About a year ago we brought to your attention the potential delay by the NRC in processing an Operating License for our Wolf Creek Nuclear Generating Unit. Since then, due in part to our perceived NRC delay and in part to construction delays, the scheduled fuel load date for Wolf Creek has been deferred six months to April 1983 and the commercial date of operation has been deferred 12 months to April 1984.

As indicated by tha attached letter dated February 17, 1981, from the Chairman of the Atomic Industrial Forum to the Chairman of the Nuclear Regulatory. Commission, it appears that our concern about the potential NRC delay was and is warranted. We are now concerned that the impact of the current NRC backlog in processing operatn; licenses will trigger delays in the 1983-84 period unless significant changes are made promptly in NRC procedures and caseload assignments. It is our understanding that the NRC's license review prog ~ is now bogged down, under-staffed and will result in completed plants er ..ng some $2 billion each to remain idle pending NRC's Staff reviews. This is a disservice to the public, for each year of delay adds some $250 million of carrying charges to the completed cost of each plant. Those additional costs must be borne by electric ratepayers. During the . delay, required electric energy must be generated, in part, by our scarce fossil fuels--eil and natural gas.

On behalf of the public we serve, I ask your help, as a member of Congress, to require NRC to expedite its licensing of nuclear power plants, particularly the operating licenses for completed plants, so that our Missouri and Kansas customers' will not have to pay a dear price for any NRC delay in licensing Wolf Creek for the'1983-84 startup .

Very truly yours, M

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APR-:v.2wa21981 The Honorable John Ahearne 4

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Dear Chairman Ahearne:

The Executive Committee of the Atomic Industrial Forum is-

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deeply distressed over the third monthly NRR status report. -

recently submitted to Congress. The report id enti fi'e s- -newly

. acknowledged delays in NRC's licensing process which will ~

result.in substantial slippages in the issuance of ope a' ting licenses for 11 plants previously expected to begin commercial operation in 1931 and 1982.

These 11 plants will have completed all construction and be

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poised to contribute to the safe and econcaical generation of Instead, they will

- electricity in many parts of the country.

collectively stand idle for some 80 months waiting for adsin-istrative procedures to conclude and for operating licenses _to be issued unless procedures available to you are invoked.

Thsre is no safety risk in your applying these procedures.

Estimated costs to the public.for the idling of such facilities approximate one million dollars per day for each. Thus, NRC's present course can contribute to an additionalInand unnecessary our judgment, cost to the public of 2.4 billion dollars.

this enor=ous waste argues for drastic remedial steps. We j

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believe, among many remedies which may be effective, that the i NRC should commence promptly to:

a Repeal suspension of the immediate effectiveness rule.

In 1979, the NRC susSended l'0 CFR 2.754 and instituted a procedure which de ays issuance of the operating

- license in contested cases until the Atomic Safety and Licensing Appeals 3 card has ruled on the effectiveness 1

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- F_abruary 17., 1981 .

( ._ '.." ~ - ~The. Hcnorable John Ahaarne of the Licensing Board decision, and the Nuclear Regu- t'o.. pass latory Commission has itself had an opport' ThEi unity' proceduri Jnt issuance of the Operating License.

allows the ASLA3 at least 60 days to renda'r Lt's deci - -

-- - sion and the NRC at least 20 additional days:_ During these 80 days, the 11 currently affected cob'ple' red

- .. . _ plants will stand idle at a cost of more than.800 million dollars. This change in procedure was never' -

warranted and should be rescinded immediat.ary. In --

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addition, the Commission should consider a.iercisihg ~th~e -

powers available to it under 10 CFR 2.760 .'(b)(27 ta .

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. issue licenses itself when there are compelling' pub 1Tc' interests. .

o Utilite generic proceedings more effectively. , ,

NRC should support and enforce the policy that any

=atter currently being,.or scheduled to be considered in a rulemaking should not be subject to litigation in

- individual licensing proceedings. Such matters are g.eneric in nature and any determinations of how indivi-dual plants should address these issues should be. held in abeyance until the conclusion of the rulemakings.

For example, issues related to degraded core condi-tiens, especially the hydrogen issue, can be elisinated in individual proceedings by publishing the Interim Rule along with a clear policy statement on its intended use.

e. Increase Licensing 3oard and NRC Staff discipline.

NRC should issue instructions to Licensing 3oards to make aggressive efforts to shorten hearing schedules, and NRC should allocate increased resources to these.

Licensing Boards to facilitate such schedule short-ening. In addition, the NRC staff should be given instructions to ensure prompt readiness for hearings, and sufficient NRC staf h earin'g s . Finally, th.fe resources Commissionshould be applied to should actively monitor the progress being made by both Licensing Boards and the NRC staff in bringing hearing processas to expeditious conclusions and, on a case by casa basis as necessary, issue appropriate guidance to ensure such expeditious conclusions.

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. t. - . . - - F.ebruary 17,.1.981.. .

~ ~ T The Honorable John Ahearne 1 Increase NRC Staff support to FEMA.

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NRC should provide increased. staff support-to FEMA to..

. expedite review and approval of state knd local 'emer- -

gency plans. The capability to carry out emergency plans effectively can adequately be judged without. full ~

examination of the entire spectrum of minute details associated with emergency planning. In particular, low .

power operating licenses should be allowed. prior:to. . . . '

final review of emergency plans. .

in closing, it is worth noting that the delays affecting these.

.:. 11 plants represent only the tip of the iceberg of a.more funda-mental problem. The lack of NRC Staff commi.t.ted to processing ~'

licenses will present.a ripple effect of delays en the re- _

maining plants under construction that' will resultItin. ~

is thus billions ~

more dollars in unnecessary costs to consumers.

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crucial that the NRC focus its available s.taff and. Licensing-Board resources on casework and intensify its effort to bring about necessary procedural reforms. Frojects not directed toward this goal and not of fundamental safety importance should be given a lower priority. '

We shall continue our saarch for additional measures that would

. eliminate licensing delays which are unrelated to public~ health and safety. Meanwhile, we would be pleased ~to discuss with you~ l any of our suggestions in greater detail. .

J Sincerely, l i

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