ML20126C360

Responds to Encl to President Carter Requesting Position on Nuclear Energy Problems.Carter'S 800212 Message to Congress on Radwaste Mgt Program & 791207 Statement Re TMI Commission Rept Encl

ML20126C360
Person / Time
Site:	Three Mile Island
Issue date:	03/03/1980
From:	Harold Denton Office of Nuclear Reactor Regulation
To:	Geren G AFFILIATION NOT ASSIGNED
References
NUDOCS 8003310215
Download: ML20126C360 (12)

Text

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/.f %q%., UNITED STATES NUCLEAR REGULATORY COMMISSION

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... MAT < 0 3 280 Mr. G. W. Geren 9005 E. 35 Street south Tulsa, Oklahoma 74145

Dear Mr. Geren:

Your letter of November 21, 1979 to the President was referred to the Nuclear Regulatory Commission by the Department of Energy on Janua ry 25, 1980. WIth regard to nuclear energy, you asked for the President's position on nuclear waste disposal and on licensing and siting requirements for nuclear construction.

Enclosed is a message by the President to the Congress on February 12, 1980 regarding the establishment of a comprehensive radioactive waste management program.

Also enclosed is a statement by the President on December 7, 1979 giving his assessment of the recommendations of the Kemeny Commission report on the accident at Three Mile Island.

The objective of the Nuclear Regulatory Commission is to protect the public health and safety at all nuclear power plants that are in operation or that may go into operation in the future. As a result of the accident at Three Mile Island, an Action Plan is being prepared for review and approval by the NRC to specify the precise actions to be taken in the areas of human factors, operational safety, emergency planning, nuclear power plant design and siting, health effects, and public information. It wil1 include new or improved safety objectives, detailed criteria for their implementation, and various Imolementation deadlines. As soon as the Action Plan is completed and approved, the resulting regulatory requirements will be transmitted to all utilities conce rned.

It is recogni::ed that there will be a significant effect on the availability of power generating capacity if thess plants now in the , I final stages of construction do not receive operating licenses by the I dates previously anticipated, and every effort is being made to avoid unnecessary delays.

Sincerely, Adn Harold R. Denton, Director Office of Nuclear Reactor Regulation

Enclosures:

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wuumassespasmea*C February 12, 1980 '

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• oday : an establishing thir'fation's first cesorehensive radicac:17e waste =anagement pro gr am. My paramount =bjective in managing nuclear wastes is to protect Sne healtn and safety of all Americans, Doth new and in the future. I share this responsibility wi:h elected officials at all levels of our i go vernment. Our citi: ens have 6 deep eencern :na the  !

teneficial uses of auclear tocnnology, 1-cluding the generation t of electricity, not te allewed to isceril ;ueli: health or '

safety now or in the future.

For sors than 30 years, radioactive vastes have teen

- 8 generated by prograss for national defense, ty sne consercial nuclear power progras, and by a variety of sedical, industrial and research activities. Yet ;&s: goverr.sental ef f 3rts to 5 aanage radioactive wastes haya not toen technically adecuate.

Moreover, they have failed to involve successfully the States, local governments, and the ;ueli: in policy or progrta decisions. ,

My actions tocay lay :he foundation for toch a tecnnically .-

superice program and a full cooperative Federal-State ;artner.

ship to ensure public confidence in a vaste sanagement ;rogram.

My program is consistent with the tread consensus that has evolved trea the efforts of the Interagtney Review *rcup en Madt active Waste Management ( 30) whien : estan11shed.

• he *30 findings and analysis were cesershensive, thorough a

and widely reviewed by puslie, industry and citi:en groups, State and local governments, and mesters of the Congress.

Evaluations of sne scientif t: and tecnnical analyses were .

obtained :nrougn a tread and rigorous peer review ty the t scientific ccamunity. The final reccamendations tenefited  !

free and reflect this input.

• li My cajective is to establish a ecmorehensive progras .

for the sanagement of.111 types of radioactive wastes. My j policies and programs es:ablisn mechanisms to ensure that '

elected officials and the public fully partici; ate in waste 'l decisions, and direct Federal departments and agencies to r taplement a waste sanagement strategy waien is safe, tecnnically sound, conservative, and open to continuous suelle review. l This approach will help ensure that we will reach our oejective .. the safe storage and disposal of all forms of e

[:t nuclear waste.

Our primary objective is to isolate existing and futurs i radioactive waste feca military and civilian activities fece the Diosphere and ;ose no significant threat :o ;ueli: nealth and safety. The .esponsittlity for resolving military an1 '

civilian waste sanage=ent ;rcolaas sr.all not te :eferred to I

future geneettians. The tecnni:a1 ersgram must =eet all relevant ructologi:a1 ;retecti:n :rt erta as well as al. Other applicatie . egula:ory requirements. This eftert sust ;receed .

regardless of fu:ure covelopments within the nuclear industry .

its future si:e, and resciution of specific fuel cycle *and i reactor design issues. The specifi: steps outlined :elow '

are each at ed at acecaplishing *his averall cajet:ive.

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h First, my administration is consitted to providing an effec- p

. tive role for State and Iceal governments in the devel=psent and implementation of our nuclear waste sanagement pro gr am.

as therefore taking the foll: wing actions: ,

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, o 37 Executive Order, I as estatlishing a State Planning }

Ocuncil which will strengthen our !stergovernmental >

relationships and help fulfill our joint responsitiitty '

to protect put11: health and safety in radicactive waste satters. I have asked Governce Riley of South j.

Carolina to serve as Chairman of the Council. The .}

Ocuncil will nave a totka sf.17 sosters: 15 who 4 are Governors =r other elected offielais, and 3 fres the Executive departments and agencies. It will' j

a advise the Executive 3 ranch and work with the 0:ngress g to address radicactive waste management issues, such r i as planning and siting, =castruction, and operation [

of facilities. I will sutait legislation during 7 this session to sake the Ocuncil permanent. t

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o In the past, States have not played an adequate part in the waste sanagement planning process -- f:r example, '

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in the evaluation and iccation of ;otential waste disposal sites. The States need tetter access to f.

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inforsation and expanded opportunity to guide waste a sanagement planning. Cur relati:nship with the States 1 will te based on the principle.cf consultation and concurrence in the siting of high level waste repost-j ,

1 tories. Under the framework of consultation and q concurrence, a hest State will have a continuing j role in Federsi decisicr.makir.g on the siting, design and construction of a high level. waste reposit:ry.

State eqnsultation and cencurrence, bewever, will

. lead to an acceptatle solution to our vaste disposal problem only if all the States participate as ;artners '.

in the prograa : as putting forth. The safe disposal i of radioactive waste, defense and commercial, is  !

a national, not just a Federal, responsittlity.

9 se directing the Secretary of Inargy to provide financial and tecnnical assistance to States and ,

other jurisdicti:ns to facilitate the full partistration J of State and local government in review and licensing 9 proceedings.

Second, for disposal of high level radioactive waste : )

as adopting an interia planning strategy focused on the use d of mined geologic repositeries capable of accepting noth waste free reprocessing and anceprocessed =cesercial spent fuel.

An interia strategy is needed since final decisions on many steps which need to be taken should be preceded my a full environmental review under the National Invirer.sental Policy .  ;

Act. In its search for suitatie sites far hign level waste i repositories, the epartment of Energy has sounted an expanded

, and diversified program of geologic investigations that rec =gnizes ,

the importance of the interaction ascag geolegic setting. ,

repository host rock, waste fers and other engineered terriers .

on a site-specif!: tasis. :seediate attentien will focus on research and development and on locating and :naracteriting a suster of potential repository sites in a variety of different l l geologie envirenaents with diverse rock types. When four ,

i to five sites have .been evaluated and found potentially suitaale, ~

one er more will te selected ter furtner devel:psent as a licensed full stale repository, p' f

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f It is important to stress the felicwing two points: First, I because the suitatility of a reclogic disposal site :an te .

verified only througn detailed and time-consuming site specifi: l evaluations, actual sites and their geologic environments sust

. t be carefully examined. Second, the covelopment of a repost tory

• Will proceed in a careful step-by-step manner. Experience '

i and int:rsation gained at eacn : nase will to reviewed and evaluated to determine if taere is sufficient knowledge to .

roceed with the next stage

f development. We should be ready to select the site for the first full-scale rescsttery .

by atout 1985 and nave it perational by the sid-1990's.

For reasons of eccacey, the first and su sequent repositories saould accept both def ense and cceaercial was tes.

0:nsistent with my decisics to ex;and and diversity the i Department of Energy's program of geol gic investigation before ,

a selecting a specific site for repository development, I have  !

decided snat the Waste Isolation Pilot Plant project snould i

" be cancelled.' This project is currently authert:ed for the t unlicensed disposal of transurani: waste feca our National '

defense program, and for researca and development usint high level I defense waste. This project is inconsistent with my ;clicy j 1 that all repositories fer' highly radicactive waste te licensed, and that they accept both defense and =cesercial wastes.  ;

The sits near Carlsbad, New Mexico, which was being considered for this project, will =entinue to be e' valuated alcat with other sites in other ; arts of the country. If. qualified, it will te reserved as :ne of seversi candidate sites f:r possible use as a licensed repository for defense and ccamercial high level wastes. My fiscal year 1981 tudget contains funds in the cotaercia; nuclear waste program for protection and continued investigation of the Carlstad site, finally, it i is important snat we take the time to Ocmpare the New Mexico site with other sites now under evaluation for the first .aste r epos i tory.

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, Over the next five years, the Oopartment of Energy will carry out an aggressive program of scientific and tecnnical investigations to support waste solidification, packaging l and repcsitory design and constt action including several i erperimental, retrievable esplacements in test facilities.

This supporting researen and development program will :all j upon the knowledge and experience of the Nation's very test people in science, engineering and other fields of learning and will it.clude participatien of universities, industry, j

, and the government departments, agencies, and national lateratories.

Third, during the interis period before a disposal facility is available, waste must and will continue to be :ared for '

s af el y. 'Managtsent *of defense waste is a Federal responsibility; I the Oopartment of Energy will ensure close and seticulous  ;

control over defense vaste facilities wnich are vital to our national security. I as ccasitted to maintaining safe incerts j

, storage of these wastes as long as necessary and to making '

adequate funding available f:e that purpose. Ve will also proceed,with research and development at the various defense ,

site.s that will lead the processing, packaging, and ulti=ste transfer to a corsanent recositery of tne nign level and transurani: was tes fr:s def ense prcgrams.

! In contrast, st: rage of ecsaercial spent fuel is petsarily a respcasitility*of sne ut!11:1es. I want to stress that interis spent fuel st cage :apacity is ;gi an alternative to ;ermanent dis;csal. Hewever, adequate storage is necessary

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until repositories are avallatie. : urge the utility industry i

' to continue to take all actions necessary to store spent fuel  ;

in a sanner that will pestect the puelle anc ensure efficient  ;

, and safe operation of power reacters. However, a limited t g tacunt of government secrage capacity would provide flexibility

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to our national vaste disposal program and an alternative for those utilities whien are unable to expand their storage ,

ca pa bili ti es.

I reiterate the need fer early enactment of my proposed spent nuclear fuel legislation. This proposal would authorize the Department of Energy tos (1) design, acquire er cestruct, and operate one er scre away-free-reacter stcrage facilities, and (2) accept fer storage, until persanent disposal facilities l are available, desestic spent fuel, and a limited amount of ,

foreign spent fuel in cases when such action would further j l

, our non-proliferation policy cejectives. All costs of storage, a

' including tne ecst of incating, constructing and operating '

permanent geologic repositories, will te recovered througn  !

fees paid my utilities and other users of the services and  ;

will ultimately te borne by these wne tenefit from the activities .

generating the wastes.

Fourth, I have directed the Department of Energy to work  !

jointly with states, other government agencies, industry and

• cther crganizations, and the public, in developing national .

., plans to establian regional disposal sites for comaarcial '

low invel vaste. We must werk together to resolve the serious l near-ters probles of 1:w level waste disposal. While this  ;

task is not irherently difficult from the standpoint of .

safety, it requires setter planning and coordination. I endorse the actions teing taken by the Nation's governors to tackle this problem and direct the Secretary of Energy to work with thes in support of their effort. .

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Fif th, the Federal prograss for regulating radicactive j

, waste / storage, transportatics and disposal are a crucial cce-peroot s of our eft:rts to ensure the health and safety of icans.

Aa are Q( M aleet '.y sound,Altnougn improvementsthemust existing authorities te sade and structures in several i

areas. The current authority of the Nuclear Regulatcry i Ccamission to license the disposal of high level waste and  !.

lov level waste in =casercial facilities should be extended l' to include spent fuel stcrage, and disposal of transuranic waste and non-defense 1:w level waste in any new government l

. facilities. I as directing tha Envirensental drotection  :

Agency to ecasult with the Nuclear Regulatory Ccasission to resolve issues of overlapping 'urisdiction and ;nasing cf n, regulatory actions. They shod d also seet ways to speed up

. the ;rcaulgation of their safety regulations. I as also directing the :epartment of Transportation and the Environ-sental Protection Agency to improve both the efficioner of their regulatory activities and their relationships with other Federal agencies and state and local governments. ,

' P" Sixth, it is essential inat all aspects of the vaste sanagesent pectras to conducted with the fullest pcssible disclosure to and participation by the suelle and the technical censunity. I as directing the decartments and agencies to '

develop and ta: rove secnanisms to ensure suen partict;ation l and puslic involvesent consistent with the need to ;retect national security int:rsation. The waste management pro gr am will te :arried :ut in full =capliance with the National ,

l Environmental Policy A=:.

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. ment alternatives nave nuclear peclifersti:n impli:sti=ns,  !

, I will contir.ue to encourage and support tilateral and zulti- *

" lateral efforts wnich advance toch cur technical capabilities 1

, and our understanding of spent fuel and w: ~. =anagement options, valen are :casistent with our acn-proliferation policy.

In its role as lead agency fer the anagement and disposal of radicactive vastes and with ecogeration of :ne other relevant Federal agencies, :ne Department. f Energy is preparing a detailed Mati:nal Plan for Muclear Waste Manage =ent to imple- i ment these policy guidelines and the other recommendations of the 3G. This Plan will provide a clear roas =ap for all ,

parties and will give the puoli: an =ppertunity to review  !

i the entirety of our progras. It will include specific program ,4 goals and silestones for all aspects of nuclear waste sanage- r sent. A draft of the cceprenensite National Plan will te f distributed by the Secretary of. Energy later this year for  !

putlic and Centressional review. The State Planning Council  !

will be directly involved in the development of this plan. i l l

The Nuclear Regulatcry Ocamission acw has underway an i!

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laportant pr ceeding to provide the Nat10n with its judgment I co whether or not it has confidence that radicactive wastes

~ produced by nuclear ;cwer reacters can and will te disposed i  ;

of safely. I urge that the Muclear Regulatory Ocesission to l ,

so in a thorougn and timely =aaner and that it provide a  ;

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full cppertunity for public, technical and government agency  : l

articipation. i .

Over the past two years as I have reviewed various aspects of th's radi: active waste ;rceles, :ne cesplext:1es and diffi- l

. culties of sne issues have toccce evident -- toca fr a a j, technical and, : re !=portan:17, trea an institutional and 1

, politi:31 perspective. Mcwever, based en the technical con-clusions reached by the IRC, ! as ;ersuaqed tha: the capability {'

now exists to characterize and evaluate a nuater of geologia environments for use as re;csitories built with conventi nal l

sining technology. We have already sade substantial progress and =nanges in cur programs. With this cceprehensive policy  !

and its implementation through the FY 1981 tucget and other actions, we will ecaplete the task of recrienting our efforts in the right direction. Many citizens knew and all sust under.  :

stand that this prooles will te with us for many years. We f aust proceed steadily and with detersination to resolve the f

. resaining technical issues while ensuring full puoli parti:1- I patica and saintaining the tull Oceperation of all levels of goverr. ment. We will act surely and without delay, but we will not cespresise our technical or scientific standarcs l out of haste. I look forward Oc working with the Ocngress and the states to laplement this 3o110y and build puolic confidence in the ability of the govere.sent to do wna is i

, required in this area to peccect :ne nealtM and safety of I cur atti: ens. l JIMMY OARi!A

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FOR I etEDIATE RELEASE :ECE.4ER 7,1979 '

OTTICE CF THE WHITE HOUSE PRESS SECRETARY THE WHITE HCCSE STATE.MNT BY THE PRES 0ENT CN THE .KENE.W C0!T.S$*CN REPCRT CN THREE M:1E IS*.AND Roca 450, Old Executive Office Building (AT 2:45 P.M. EST)

THE PRESIOEN"*: The purpose of this brief stat;wnt this afternoen is to outline to you and to the public, both in the country and in other nations of the world, my own assessment of the Eesany Repor. reconsnendations on the Three Mile Island accident and I would .

like to add, of course, in the presentatica scoe thoughts and actions of my own.

I have reviewed the report of the Comunissics, which I established to investigate the accident at the Three Mile Island nuclear power plant. The connaission, headed by Or. John Kameny, found very serious shortcomings in the way enat both the Oovernment and the utility l industr/ regulate and manage nuclear power.

The steps that I am taking today will help to assure that -

nuclear power plants are operated safely. Safety, as it always has been and will remain, is my. top priority. As I have said before, in this country nuclear power is an energy source of last resort. Sy.this ceant that as we reach our goals on conservation, on the direct use of coal, on devolep snt of solar power and synthetic fuels, and  ;

enhanced production of American oil and natural gas, as we reach these goals, then we can minimize our reliance on nuclear pcwer.  ;

Many of our foreign allies must place much greater reliance than we do en nuclear power, because they do. net have the vast natural resources that give us so many alternatives. We must get on with the ,

jco of developing alternative snargy rescurces and we must also pass, in order to do this, the legislation that I have propcsed to ce Congress, r making an effort at every level of society to conserve energy. To conserve energy and to favolop anergy rescurces in our countr/ are the '

two basic answers for which we are seeking. But we cannot shus ce  ;

door on nuclear power for the United States.

The recent events in Iran have shown us he clear, stark '

dangers that excessive dependence en imported oil holds for our nation.

We must make every effort to lead this countr/ to energy security.

Everf domestic energy source, including nuclear power, is cri .ical i.!

we are to be f ree as a countef from our present over-dependence on

, unstable and uncertain sources of high priced foreign oil, we do act have the luxury of abandoning nuclear power or impcsing a lengthy moratcrium en its furtner use. A nuclear power plant can displace 35,300 barrels of oil per day, or roughly 13 million >!

barrels of oil per year. We must take ever/ possihie step to increase the safety of nuclear power production. I agree fully with the letter and the spirit and the intent of the Eemeny Commission reconenendations, some of vnir.n are within my own power to implement, cthers of w=.1 n reif on the Nuclear Regulatory Commissica, or the trRC, or es utility indus rf itself.

To get the Gover . ment's own house in order will take

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several steps. First, I will send to the Congress a reorganization plan to strengthen the role of the Chaiman of the Nac, to clarify assignment

• of authority and responsibility and provide this person with the power to act on a daily basis as a chief executive officer, with authority to put needed safety recuirements in place and to implement better procedures. Cha Chair: nan must be able to select key persennel and to act on behalf of the Commission during any emergency.

Second, I intend to appoint a new Chairperson of the I Nuclear Regulatory Commission, someone from outside that agency, in the spirit of the Kemeny Commission recommendation. In the :ceantime, I have asked Commissioner Ahearne, now on the NRC, to serve as the Chairman. I Mr. Ahearne will stress safety and the prompt implementation of the '

needed refoms.

In addition, I will establish an independent adviscry committee to help keep me and the public of the United States informed of de progress of the NRC and the industry in achieving and in making l clear the recommendations that nuclear power will be safer. l Third, I as transferring respensibility to the Federa.

Emergency Management Agency, the FI*E, to head up all off-site emergency activities, and to complete a derough review of emergency plans in all the states of our country with operating nuclear reactors by June, 1980. . ,

Fourth, I have directed the Nuclear Regulatory Commission and the other agencies of .the Government to accelerate our program to place a resident Federal inspector at every reactor site.

Fif th, I as asking all relevant Covernment agencies to implement vir.ually all of the other ree:mmendations of the Kameny Commission. I believe there were H in all. A detailed 'fac.sneet is '

being issued to the public and a more extunded briefing will be given

• to the press this af ternoon.

With clear leadership and improved organization, the Executive Branch of , Government and the NRC will be better able to act quickly on the crucial issues of improved training and standards, safety procedures, and the other Kamany Commission recomunendaticns.

But responsibility to make nuclear power safer does not stop with the

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Federal Government. In fact, the prima:m/ day by day responsibility for safety rests with utility company management and with suppliers

.. of nuclear equipment. There is no substitute for technically qualified and committed pecple working on the construction, the operation, and the inspection of nuclear power plants.

personal responsibility must be stressed. Some one person must always be designated as in charge, both at the corporate level and

, also at the power plant site. *he industry owes it, to the American <

people to strengthen its ccamitment to safety.

call on ce utilities to implement ce following changest firs t, building on the stepe already taken, the indust:f must organize itself to develop enhanced standards for safe design, cperatien, and construction of plants; second, 2e nuclear indust.y must work together to develop and to r41 stain in operation a comprehensive training, examination, and evaluation program for operators and for super-risors.

Chis training program must pass muster wi .a ce NRC through accreditation of ne training progrgr.s to be es.ablished.

Chird, control rooms in nuclear power plants must be modernited, standardized, and simplified as much as possible, to permit

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3 better informed decision-eaking among regular operating hours and, of course, during emergencies. ,

I challenge our utility companies to bend every effort to improve the safety of nuclear power.

Finally, I would like to discuss how we manage this transiston period during which the Kemeny recommendations are being implemented.

There are a numeer of new nuclear plants now awaiting cperating licenses or constr.2ction permits. Under law, the Nuclear R?ylatory Ccamission is an independent agency. .icensing decisions rest with the Nuclear Pagulatory Ocamission, and as the Kameny Commission noted, it has the authority to proceed with licensing these plants on a case by case basis, whien may be used as circumstances surrounding a plant er its application dic ate.

"he NRC has indicated, however, that it will pause in issuing any new licenses and construction permits in order to devote its full attention to putting its own house in order and tightening up safety requirements. I endorse this approach which the NRC has adopted, but : urge the NRC to complete its work as quickly as possible and in no event later than six scaths frort today. Once we have instituted the necessary reforms to assure safety, we must" resume the ,

licensing precess promptly so that the new plants we need to reduce our dependence on foreign oil can be built and operated.

The steps 1 am announcing today will help to insure the safety of nuclear plants.

Nuclear power does have a future in the United States.

It is an option that we must keep cpen. I will join with the ut.111 ties '

and their suppliers, the Nuclear Regulatory Commissica, the executive departments and agencies of the Federal Goverr. ment, and also the state and local governments to assure that the future is a safe'one.

Now Or. Frank 7:ess, Stu Eisenstat, and Jena Ceutsch will be glad to answer your questions about these decisions and accut -

nuclear power and tne future of it in our country. Frank?

END (AT 3:00 P.M. EST) 0 .

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. . 1 Department of Energy Washington, D.C. 20585 JAN 251980 ,

MEMORANDUM FOR: Nuclear Regulatory Commission I

f FROM:

(Wh( se n L. thkopf 4xecutive Secretary SUBJECTS Correspondence Referral The attached correspondence has been misdirected to this Department ,

for reply. Inasmuch as it appears to fall within the purview of your agency, we are referring this communication herewith for your reply. We have informed the writer of this action.

Thank you for your attention. -

.v.r. G. W. Geren 9005 E. 35th Street, South Tulsa, Oklahoma 74145 e

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Npo THE WHITE HOL*SE j WASHINGTON

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I MEMORANDUM:

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The attached letter (s) addressed to the President is referred to your office for suitable acknowledgment or other appropriate handling at '

the earliest opportunity. Should ,

you receive mail that has been misdirected, please forward to the appropriate agency. I would also appreciate knowing when you are My phone forwarding such mail.

number is 456-2717. I Thank you.

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ry Martha Seal

• Director Correspondence Agency Liaison 9

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9005 E. 35 Street South Tulsa, Oklahoma 74145 November 21, 1979 President Jimmy Carter ,

The White House Washington, D.C. 20500

Dear Mr. President:

1 The concerns that I have about the future of this country with regard to energy self-sufficiency are shared by the majority of Americans.~ -- -

At a time when foreign importers have an ever-increasing strangle-hold on U.S. 611 imports, the U.S. bureaucracy is seeking to impose

' additional restrictions upon domestic energy suppliers and at the same time curtailing development of nuclear energy by f ailure to I icome to grips with nuclear waste disposal (a technology presently in use in Europe) and imposing further licensing and siting require-ments upon the nuclear construction industry. l 1

% I would like verv much to know your position on these problems.

Sineerely, D

G . '4 ren I

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