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Statement of-Continued

Pago Strauss, Peter, General Counsel, Nuclear Regulatory Commission.

4 Sullivan, Reardon, Deputy Director, Administration, Nuclear Regulatory Commission...

4 Tamplin, Arthur R., Washington office, Natural Resources Defense Council.

64, 71 Volgenau, Ernst, Director, Office of Inspection and Enforcement, Nuclear Regulatory Commission.-

87 Additional material submitted for the record byEnergy Research and Development Administration:

Correspondence and attachments regarding termination of com-
puter service to NRC.---

209 Letter dated July 6, 1977, from Nelson F. Sievering, Jr., to Chair

man Dingell, replying to request for answers to 10 additional
questions.

514 General Accounting Office:

Actions that would be needed to insulate ERDA oversight activ-
ities from developmental functions..

94 Letter dated July 19, 1977, from R. F. Keller, Deputy Comptroller

General of the United States, to Chairman Dingell, enclosing
comments on the legislation involved, and comments on

ERDA's decision to terminate computer services for NRC---- 94
Report to Congress: Security at Nuclear Powerplants-At Best,
Inadequate,” April 7, 1977...

102 Statement of Elmer B. Staats, Comptroller General of the United States..

185 Unclassified digest of a classified report entitled “Commercial Nuclear Fuel Facilities Need Better Security”.

135 Johnson, Hon. James P., a Representative in Congress from the State

of Colorado, letter dated May 2, 1977, to Chairman Dingell, sup-
porting the legislation --

86 Natural Resources Defense Council:

Comments on current NRC regulations for powerplant security- 84
Statement of Theodore T. Mason.--

77 New York, State of:

Letter dated May 5, 1977, from Louis J. Lefkowitz, Attorney

General, to Chairman Dingell, submitting comments and recommendations in response to inquiries by subcommittee.--- 513 Statement of Louis J. Lefkowitz, Attorney General.-

68 Nuclear Regulatory Commission:

Letter dated April 18, 1977, from Chairman Dingell to Marcus

A. Rowden, Chairman, NRC, requesting detailed responses to
questions, and the NRC's responses thereto...

220 Memorandum dated January 19, 1976, adequacy of current safeguards

200 Proposed change to 10 CFR Part 73..

150 ORGANIZATIONS REPRESENTED AT THE HEARINGS Conservation Law Foundation of Rhode Island, Claudine Schneider, executive

director.
Energy Research and Development Administration:

Bauer, Douglas E.; Director, Division or Nuclear Research and Applications.
Brush, Peter, Assistant General Counsel.
Kennedy, Richard, Division of Safety, Standards, and Compliance.
Keto, John, Office of Governmental Relations.
Lyon, Harvey, Director, Division of Safeguards and Security.

Starbird, Alfred D., Assistant Administrator for National Security.
General Accounting Office:

Canfield, Monte, Jr., Director, Energy and Minerals Division.
Carlone, Ralph' v., Associate Director, Research and Development and

Nuclear Programs, Energy and Minerals Division.
Howard, James, Assistant Director, Nuclear Regulatory Commission Activ-

ities.
Larson, Peter, Audit Manager, Chicago Regional Office.

ORGANIZATIONS REPRESENTED AT THE HEARINGS-Continued
Natural Resources Defense Council:

Roisman, Anthony Z., staff attorney.

Tamplin, Arthur R., Washington office.
New York, State of, John F. Shea III, assistant attorney general.
Nuclear Regulatory Commission:

Barry, Learned W., Acting Controller.
Case, Edson, Acting Director, Office of Nuclear Reactor Regulation.
Gossick, Lee V., Executive Director for Operations.
Levine, Saul, Director, Office of Nuclear Regulatory Research,
Minogue, Robert B., Director, Standard Development.
Rowden, Marcus A., Chairman.
Shapar, Howard, Executive Legal Director.
Smith, Clifford, Director, Office of Nuclear Material Safety and Safeguards.
Strauss, Peter, General Counsel.
Sullivan, Reardon, Acting Controller.
Volgenau, Ernst, Director, Office of Inspection and Enforcement.

NUCLEAR REGULATORY COMMISSION AUTHORIZA

TIONS AND RELATED REGULATORY ISSUES

FRIDAY, APRIL 29, 1977

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON ENERGY AND POWER,
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

Washington, D.C. The subcommittee met at 10 a.m., pursuant to notice, in room 2123, Rayburn House Office Building, Hon. John D. Dingell (chairman) presiding.

Mr. DINGELL. The subcommittee begins hearings today on the Nuclear Regulatory Commission's authorization for appropriations for fiscal year 1978. We also will consider S. 266 which amends a 1972 law providing assistance to the State of Colorado concerning radiation exposure from uranium mill tailings. This is the subcommittee's first direct examination of the operations and programs of the NRC since jurisdiction over these matters was conferred on the committee last January

I take this opportunity to note that the House Committee on Interior and Insular Affairs yesterday completed their markup of the NRC bill after very extensive hearings. We do not want to duplicate their efforts, nor do we want to slow enactment of this legislation.

Our hearings will focus primarily on NRC licensing activities in connection with the development of nuclear power. The committee is also concerned about the nuclear safeguards program. On both of these issues, the General Accounting Office has issued several very comprehensive reports that we want to consider as part of the budget process. The Chair might add that the GAO is critical of the NRC.

By way of a management problem, I observe that ERDA, which currently provides data processing support for the NRC, has given notice that it will no longer do so, effective next September. This will cause NRC to use commercial sources which will increase the cost for ADP support from $1.6 million in fiscal year 1977 to over $5.9 million in fiscal year 1978.

The subcommittee will inquire into the reasons for this and what the justifications for this might be. The chairman is most concerned about this increase and about certain conflict-of-interest problems that could arise in the use of a commercial system and its consequent increased cost to the taxpayers.

I will further note that recent statements by the administration on the issues of accelerated construction schedules and safeguards provide emphasis to our areas of inquiry. I hope that the NRC will use this forum to address its concerns on these policy revisions and any impacts it will have on its procedures and budget requirements.

(1)

[The text of H.R. 5186 and S. 266, together with departmental reports thereon, follow:]

[H.R. 5186, 95th Cong., 1st sess.) A BILL To amend Public Law 92–314 to authorize appropriations to the Energy Research

and Development Administration for financial assistance to limit radiation exposure from uranium mill tallings used in construction, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 101 of Public Law 92-314 is amended by striking from subsection (a) “Operating expenses” the figure “$12,110,480,000" and substituting therefor the figure “$2,113,480,000”. (b) Section 202 of Public Law 92-314 is amended by

(1) striking from subsection (b) the words "four years” and substituting therefor the words "seven years", and

(2) adding the following subsections : "(h) That payment may be made of those who undertook action of a remedial nature prior to the date of this amendment without the determination required in subsection (b) of this section and notwithstanding the requirement in subsection (c) of this section: Provided, however, That the determination whether and to what extent such payment shall be made shall be the decision of the Administration based on the recommendation of the State; that requests for such payments shall not be considered after one year from the date of this amendment: And provided further, That the United States shall be released from any mill tailings related liability or claim thereof upon such payment.

"(i) That the requirement in subsection (c) of this section that any remedial action shall be performed by the State of Colorado or its authorized contractor may be waived in advance in writing by the State with approval of the Administration : Provided, however, That the determination whether and to what extent payment shall be made shall be the decision of the administration based on the recommendation of the State: And provided further, That the United States shall be released from any mill tailings related liability or claim thereof upon such payment.”.

(c) Section 204 of Public Law 92-314 is amended by striking the figure "$5,000,000" and substituting therefor the figure "$8,000,000".

(S. 266, 95th Cong., 1st sess.) AN ACT To amend Public Law 92-314 to authorize appropriations to the Energy Research

and Development Administration for financial assistance to limit radiation exposure from uranium mill tailings used for construction, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Section 101 of Public Law 92-314 is amended by striking from subsection (a) "Operating expenses" the figure $2,110,480,000" and substituting therefor the figure "$2,113,480,000”. SEC. 2. Section 202 of Public Law 92-314 is amended by

(1) striking from subsection (b) the words "four years" and substituting therefor the words "seven years”, and

(2) adding the following subsections : "(h) That payment may be made to those who undertook action of a remedial nature prior to the date of this amendment without the determination required in subsection (b) of this section and notwithstanding the requirement in subsection (c) of this section : Provided, however, That the determination whether and to what extent such payment shall be made shall be the decision of the Administration based on the recommendation of the State; that requests for such payments shall not be considered after one year from the date of this amendment: And provided further, That the United States shall be released from any mill tailings related liability or claim thereof upon such payment.

"(i) That the requirement in subsection (c) of this section that any remedial action shall be performed by the State of Colorado or its authorized contractor may be waived in advance in writing by the State with approval of the Administration : Provided, however, That the determination whether and to what extent payment shall be made shall be the decision of the administration based on the recommendation of the State: And provided further, That the United States shall

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