ML20040H390

Opposes DOE Request for Exemption from Commission Regulations.Nrc Licensing Has Been Integral Part of Project Since Inception.Congress Has Never Supported Regulatory Exemptions for Project

ML20040H390
Person / Time
Site:	Three Mile Island, Clinch River
Issue date:	12/15/1981
From:	Cohen W, Hatfield M SENATE, APPROPRIATIONS
To:	Palladino N NRC COMMISSION (OCM)
Shared Package
ML20040H379	List: ML20040H390
References
NUDOCS 8202180193
Download: ML20040H390 (2)

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. 3 E" E "- ULU~ December 15, 1981

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Honorable Nunzio J. Palladino Chairman Nuclear Regulatory Commission Washington, D. C. 20555

Dear Mr. Chairman:

It has come to our attention that the Department of Energy has .

asked' the Nuclear Regulatory Commission (NRC) for authority to begin preliminary site preparation activities for the Clinch River Breeder Reactor (CRBR) in Tennessee by March of 1982. If the NRC were .to authorize site preparation activities at this time, it would be compelled to grant exemptions from established regulatory prol cedures for the CRBR. We have serious doubts about the Visdom of.

granting such exemptions.

The Clinch River Breeder Reactor was authorized in 1970 by P.L.91-273 as a demonstration project that would lead to the early commercialization of breeder reactors. Since its inception, NRC licensing of the CRBR has been an integral part of the project.

The' contract signed by the Atomic Energy Commission, the Tennessee Valley Authcrity, commonwealth Edison Company, and the Project Manage-ment Corporation stated that one of the principal objectives of'this project was "to help ... verify certain key characteristics _and capabilities of breeder power plants for operation on utility systems such as licensability and safety, operability, reliability, avail-ability, maintainability, flexibility, and prospect for economy."

Congress further required licensing for Liquid Metal Fast Breeder ,

Reactors (LMFBR) .by enacting P.L.93-438, which stipulates that any breeder demonstration plant that will provide electricity to a utility must be licensed.

Throughout the annual debates over the CRBR, Congress has never expressed support for regulatory exemptions for the project. To the contrary, the Omnibus Budget Reconciliation Act conference agreement reaffirms the need for proceeding with the established regulatory.

course for the CRBR in order to make future commercialization possible. The Conference report states, "The conferees intend that the plant should be constructed in a timely and expedi.tious manner, so that a decision on the commercialization and deployment of breeder reactors can be made on the basis of information obtained in the operation of the plant."

12/22..To OGC to Prepare Response for Signature of Chairman add Conm Review Date due: Jan ll..Cpys to: Chm,Cmrs, RF, OCA to Ack, docket, EDO. 81-2501 8202100193 020211 DR ADGCK 05000537 PDR

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2 We do not agree with Secretary Edward's assertions that the CRBR "... must be expeditiously constructed to meet the objectives of the CRBR program." To the contrary, we believe it is in the best interests of future commercial development of LMFBRs for the CRBR to undergo the established regulatory procedures without exemption. Furthermore, we believe granting exemptions to the CRBR could seriously erode the public's confidence in the federal nuclear energy programs in general and breeder reactors programs in particular.

We hope you will consider these points during your review of the Department of Energy's request for exemption.

Sincerely, s .

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Mark O. Hatfield- .lliam S. Cohen United States Senator nited States Senator  !

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