ML19207C462

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Responds to Re S.535,Nuclear Waste Transportation Act of 1979.Primary Responsibility for Regulating Safety of Shipping Casks Remains W/Nrc.Forwards NRC 790719 Testimony on Bill
ML19207C462
Person / Time
Issue date: 07/18/1979
From: Hendrie J
NRC COMMISSION (OCM)
To: Cannon H
SENATE, COMMERCE, SCIENCE & TRANSPORTATION
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NUDOCS 7909110652
Download: ML19207C462 (1)


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NUCLEAR REGULATORY COMMISSION WASHIN GTON. D. C. 20555 3g3.

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8, July 18, 1979 CHAIRMAN The Honorable Howard W. Cannon, Chairman Connittee on Coranerce, Science and Transportation United States Senate Washington, DC 20510

Dear Mr. Chairman:

This is in response to your letter of tiarch 13, 1979, requesting our comments on S. 535, the fiuclear Waste Transportation Act of 1979.

I regret that it has taken so long for us to respond.

The major provisions of the bill as they affect t,'RC are Section 2 end proposed Section ll5(a) Of the Hazardous Materials Transportation Act.

TopF;her, they would confer " primary responsibility" for regulating the transporLtion of radioactive waste on DOT, "except that the primary responsibility for regulating and certifying the safety for shipping casks and packages shall remain with" !;RC.

The Commission believes that its current arrangement with ",OT under the Memoran-dum of Understanding has clearly laid out each agency's arba of activities, has worked well in practice, and pro ides important fTexibility to deal with problems as they arise.

Recently, tiRC has adopted interim rules for safeguarding spent fuel during carriage, and the Ccamission's staff has begun efforts which would lead tc fi:C enforcement of DOT's regulations concet.d ng the packaging cf low-level wastes against NRC licensees.

These developments illustrate One r. sed for centinuing 'lexibility, Under S. 535, the Co--ission 's authcrity to uncertake tnese activities would have been in sc e dou::..

We do not think the Commission's responsibilities should ce restricted in the manner proposed under S. 535.

I have enclosed the testimony the Commission will offer this Thursday concerning the bill. The testitany full 3 explains the Con-ission's posi-tion on the bill.

h'Si ncerely, y

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Joseph M. Pendrie E r.c '. : s -e :

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