ML20206Q086

Responds to 860722 Request That Commission Withhold Approval of Low Power Testing License Until Independent Study of Implications of Chernobyl Accident Completed.Regulations Allow Low Power Testing Prior to Approval of Emergency Plan

ML20206Q086
Person / Time
Site:	Seabrook
Issue date:	08/22/1986
From:	Bernthal F NRC COMMISSION (OCM)
To:	Mavroules N HOUSE OF REP.
Shared Package
ML20206Q090	List: ML20206Q086 ML20206Q197
References
NUDOCS 8609040058
Download: ML20206Q086 (2)

Text

I a arog 4 g jh UNITED STATES 5

y g NUCLEAR REGULATORY COMMISSION W ASHINGTON, D. C. 20555 5 l

%,++..*gh CHAIRMAN August 22, 1986 The Honorable Nicholas Mavroules United States House of Representatives Washington, D. C. 20515

Dear Congressman Mavroules:

This responds to your July 22, 1986 letter requesting that the Commission withhold approval of a low power testing license for the Seabrook plant until an independent study of the implications of the Chernobyl accident, commissioned by Governor Dukakis, is completed.

Our regulations generally allow a utility to obtain a license for low power testing prior to review and approval of an offsite emergency response plan (10 C.F.R. 50.74(d)). This regulation is based on the technical judgment of the agency that the risks to the public from an accident during initial low power testing are negligibly low. Our current knowledge of the Chernobyl accident does not lead us to change the technical judgment that underlies this regulation.

A coordinated U.S. effort is currently underway to determine further the facts and assess the implications of the Chernobyl

- accident. The NRC has formed a special task force to follow up on the Chernobyl event. It is expected that this task force will identify any areas requiring prompt regulatory action as well as those areas needing more detailed study. The Commission would of course take into account all significant new information generated by the study commissioned by Governor Dukakis, when available, or by other studies of the Chernobyl accident, and any implications such studies might have for the Commission's emergency planning and low-power testing rules.

At this time, the Commission does not have before it the low l power license for the Seabrook plant. The current status is as follows. On July 25, 1986, the Atomic Safety and Licensing j Board issued an Order scheduling a four-day hearing to take place between September 29 and October 10, 1986. The hearing will involve three contentions; one contention relates to onsite emergency planning, the other two involve the environmental qualification of electrical equipment and control room design.

Upon completion of this litigation, assuming there are no other l

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F609040058 860822 PDR COMMS NRCC CORRESPONDENCE PDR

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contested issues relevant to a low power license, and in the event that the decision is favorable to the Seabrook Applicants, the Board could authorize the Staff to issue to Seabrook an operating license restricted to 5% power. The Board's decision

. is subject to Commission review based on the evidence and argument in .the record of the proceeding. This letter does not prejudge those issues.

Sincerely g^

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Ivt d LO Frederick M. Bernthal w t Acting Chairman l

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