ML20003E461
| ML20003E461 | |
| Person / Time | |
|---|---|
| Issue date: | 03/24/1981 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | Simpson A SENATE, ENVIRONMENT & PUBLIC WORKS |
| Shared Package | |
| ML20003E462 | List: |
| References | |
| NUDOCS 8104030533 | |
| Download: ML20003E461 (4) | |
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION 3
p WASHINGTON, D. C. 20555
\\..... p8 March 24, 1981
' CHAIRMAN C0gnss'.ON CoREESPONDEUCt The Honorable Alan K. Simpson Chairman
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Subcommittee on Nuclear Regulation
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h-Comittee on Environment and Public Wo'rks U//
United States Senate O
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Washington, D.C.
20510
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Uear Mr. Chairman:
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w This letter responds to your request that the Commission provide a report on alternative measures to accelerate the licensing process.
It is our understanding that your staff has already been provided with a copy of our recent response to the House Subcomittee on Energy and Water Development on the same subject. Rather than duplicate the information in that report, we will discuss here your additional questions concerning specific time savings of the various options, potential impacts on health and safety reviews, the Comission's position on the options, and the Comission's position on legislation allowing interim operation.
The modifications being considered in the present Appeal Board and Commission review procedures would save either two or three months on the
-average schedule, depending upon the option chosen, for each plant where a hearing must be held.
The Commission has agreed on a proposal for legislation which would allow interim reactor operation for fuel loading and low-power operation and testing before the completion of a hearing.
Such interim operation would save at least two_ months and, where the low power testing revealed a need for repairs or modifications, could save substantially mgre time.
Our letter to you of' March 18, 1981 contained this proposal._'/
Changes in the procedural rules governing the conduct of hearings, together with improved management of hearings by Liceneing Boards could save two to eight months _per hearing, depending upon scheduling, Board resource the number of contested issues, and how heavily a hearing availability,2_/ The Comission has approved the actions recommended by is contested.
the Chairman of the Atomic Safety and Licensing Board Panel to improve the availability of Board members, to increase the number of Board members and of law clerks available to the Boards, and to place highest Board priority on the writing of initial decisions in proceedings involving delays to construction or operation of nuclear plants.
1/Comissioner Ahearne's additional views on this matter are attached.
2/Comissioner Ahearne believes that reductions in hearing times also will require Commission guidance to be consistent.
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e The Honorable Alan K. Simpson March 24, 1981 Options to u_:elerate the staff review process are best measured in terms of overall effect, rather than by time s.aving per plant. The staff pro-posal involving resumed hiring, mandatory. overtime, reallocation of existing resources, and transfer of some sch.eduled projects from the licensing office, Nuclear Reactor Regulation, to other NRC offices, should prevent licensing delays for plants completed in 1983 and beyond (assuming that necessary hearings are completed in 10 months). These changes will also help to reduce licensing % lays in 1981 and 1982. The exact time savings for 1981 and 1982 plants
. dependent upon how quickly hiring, internal personnel transfers, and shi.'ts in ongoing projects can be accomplished.
The Commission will review proposed changes in the allocation of staff resources to make certain that such changes do not adversely affect projects necessary to assuring public health and safety and do not compromise the integrity of the hearing process. Our continuing monthly status reports will reflect changes in projected delays as they become more certain.
We are also considering a number of other steps for which we do not have estimates of the time that might be saved but which we believe will prove helpful.
For example, we are areparing a policy statement to the Licensing Boards directing them to exercise firmer management of the hearing process.
Other matters we are ;onsiderir.g include rulemakings on TMI and environ-mental issues (which should reduce the scope of litigation), the threshold for content;cr.;, the sua sponte role of the Boards, and the possible use of Administrative Law Judges for hearings not involving reactor licensing (to allow Board members to concentrate on reactor licensing hearings).
We have also begun to review the schedules of specific proceedings with a view to reducing delays. The McGuire hearing has been shortened by about three months. We will continue-to seek to reduce delays in individual cases.
In summary, the Commission is taking the following steps to reduce licensing delays:
1.
Reducing the time taken to decide on the effectiveness of a Licensing Board decision to permit reactor operation. A proposed rulemaking containing two alternatives is being drafted for public comment on an expedited schedule.
Following review of those comments a Commission decision will be made on this option.
2.
Proposing legislation to permit interim licensing for fuel loading and' low power testing and operation before_the completion of hearings for the limited group of plants that will be ready for operation before the end of 1983.
- 3.. Reviewing'the rules governing the conduct of the hearings. A proposed rule has been d*afted and sent to the Federal Register. Public comments are to be submitted by April 7.
A Commission decision on what changes are appropriate will follow review of those comments.
The Honorable Alan K. Simpson March 24, 1981 4.
Expediting the hiring of personnel for critical technical and legal staff positions and for positions with the Atomic Safety and Licensing Board Panel.
5.
Authorizing mandatory overtime'for staff review personnel. This option has already been implemented.
6.
Authorizing the start of staff reallocation of resources. This option is beginning to be implemented.
7.
Drafting a Statement of Policy to the Licensing Boards directing firmer management of the hearing process.
8.
Pursuing the possibility of using Adainistrative Law Judges for certain hea.ings.
Discussions with the Office of Personnel Management on this subject are underway.
9.
Reviewing immediately affected plants on a case-by-case basis to reduce delays where possible.
The Commissioners will be prepared to discuss their views on these subjects at the hearings scheduled for later this month, as well as the impact of the Sholly decision and suggested remedies. We will provide you with additional information on the Commission's resolution of the licensing delay problem at that time.
'sNSincerely, Jose M. Hendrie
Attachment:
As stated cc: Senator Gary Hart
Commissioner Ahearne's Comments i
I do not believe we will really have an impact on accelerating the licensing process unless we make fundamental reforms in the role and practice of the hearing process.
Initially, the Coraission should assure that Boards serve to decide only issues that are raised by the parties, and of those, only those of substance.
In particular, the threshold for admitted contentions should be significantly raised, sua sponte authority should be limited, and the Boards should be authorized
- to manage the proceedings with a strong hand. The Commission should move on to examine ~the net public good from the current hearing process and make changes accordingly.
With regard to legislation, I have accepted the desirability of low power interim licensing, given the problems we now face.
If this Commission is unable to make the necessary changes, I expect another Commission will be requesting full power interim licensing legislation.
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