ML20154M901

Responds to Recipient 880429 Ltr Re Proposed Rule 10CFR50 Changes Re Emergency Planning Requirements for Fuel Loading & Initial Low Power Operations.Comment Period Extended 15 Days.Served on 880525

ML20154M901
Person / Time
Site:	Seabrook
Issue date:	05/24/1988
From:	Zech L NRC COMMISSION (OCM)
To:	Mavroules N HOUSE OF REP.
Shared Package
ML20154M906	List: ML20154M901 ML20154M921
References
CON-#288-6397, FRN-53FR16435, RULE-PR-50 OL, OL-1, NUDOCS 8806020117
Download: ML20154M901 (2)

Text

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The Honorable Nicholas Mavroules United States House of Representatives $ERVED MAY 251988 Washington, D. C. 20515

Dear Congressman Mavroules:

I am responding to your letter dated April 29, 1988, concerning a proposed change to the Commission's emergency planning rules with respect to requirements for fuel loading and initial low power operations. On May 4, 1988, the Commission forwarded to I the Federal R_e dster the proposed rule change that is the l subject oT your Tetter.

The Commission's attention was recently focused on questions concerning interpretation of the current low power license regulations as a result of petitions for review of an Atomic Safety and Licensing Appeal Board decision in the Seabrook proceeding. After reviewing the current rule in relation to that proceeding, the Commission determined that modifications l

to the rule might be appropriate. The emergency planning l

l regulations cm aently in force provide that before fuel loading l and low power (up to 5% of rated power) operation, there must be a finding on the licensee's plans and state of preparedness for dealing with accidents that could affect persons on site.

The current rule also states that no finding regarding the planning or preparedness of off-site agencies for dealing with accidents that could affect persons off site is required at this stage. The Commission is not proposing to change these aspects of the current rules.

However, the Commission's practice under the current rule, as set forth in the Statement of Considerations accompanying that i rule, has been to consider, as part of the review of licensees' plans, certain off-site elements of those plans. On recone sideration of those elements, it appeared to the Commission '

that certain aspects of them seemed to be unnacessary for low power operation in view of the low degree of risk posed to persons off site by fuel loading and low power operation.

Accordingly, the Commission is considering a proposed rule, which has been published for public comment, that would differentiate between those aspects of off-site elements that would provide meaningful protection at low power and those aspects that would not be required in the interest of public safety at such restricted power levels.

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2-Although the Commission believes the original June 8, 1988 date for close of the comment period should have been fully ,

adequate for responses to such a discrete issue, we have agreed '

to a 15 day extension of the comment period. The comments received by the Commission on the proposed change will be read, studied, and evaluated. The Commission will then determine whether to amend the current rule and, if so, whether to adopt the rule as proposed or as modified in light of public comment, it should be noted that no change in the panoply of emergency planning protections that the Commission requires for full power licensing is contemplated or would be effected by adoption of the proposed rule.

Finally, because your letter was received af ter we decided to forward the proposed rule to the Federal ReSi ster, I am directing the Office of the Secretary to incTu3e your letter for consideration along with the responses to the Commission's request for comment as well as to serve it on the parties to the Seabrook proceeding.

Sincerely.

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Lando W. Zec ,Jr.

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