ML20246D332

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Commission Response to JB Johnston Committee on Energy & Natural Resources ,Question 8
ML20246D332
Person / Time
Site: 05000000, Shoreham
Issue date: 05/02/1989
From: Zech L
NRC COMMISSION (OCM)
To: Jeanne Johnston
SENATE, ENERGY & NATURAL RESOURCES
Shared Package
ML082320516 List:
References
CCS, JOHNSTON-890502, NUDOCS 8907110301
Download: ML20246D332 (2)


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QUESTION 8..

What is the set or applicable regulations that would have to be met before a new licensee would be granted a license?

Would the set of applicable regulations include those related to financial qualifications?

ANSWER The license issued to LILCO authorizes full power operation.

In order to transfer this license to LIPA, LIPA would be required to comply with all regulations applicable to such operation and to demonstrate qualifications to operate the facility, if LIPA intends to operate the facility at full power, as permitted by the current license. Substantive requirements specifically applicable to power reactors are contained in 10 CFR Parts 19, 20, 50, 51, 73, and 140; additional requirements relating to possession of new fuel, spent fuel, and byproduct radioactive materials are contained in 10 CFk Parts 30, and 70.

If the specific activities to be carried out by LIPA are more

-limited than LILCO is currently authorized to conouct, any transfer of the LILCO license to LIPA would have to contain conditions to that effect, and LIPA would have to demonstrate its qualifications and compliance with the set of regulatory requirements that apply to the activities permittea by the transferred license.

Unless LIPA qualifies as an " electric utility" as defined in 10 CFR 50.2, a i

financial qualification review would be required by 10 CFR 50.33(f) and l

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QUESTION 8 (Continued) 2_

i 50.57(a). Further, LIPA would be required to satisfy the requirements

' relating to decommissioning funding. assurance.

10 CFR 50.33 and 50.75.

Other. requirements specifically applicable to decommissioning.are discussed in response to question 9.

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