ML19209B070
| ML19209B070 | |
| Person / Time | |
|---|---|
| Issue date: | 08/10/1979 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| RULE-PRM-73-5 NUDOCS 7910090103 | |
| Download: ML19209B070 (2) | |
Text
NRC PUBLIC DOCUMENT ROOY
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NUCLEAR REGULATORY COMMISSION
/[PRM-73-5[/
EDLOW INTERNATIONAL COMPANY Filing of Petition for Rule Making Notice is hereby given that Mr. Samuel Edlow, President, Edlow International Company, by letter dated June 29, 1979, has filed with the Nuclear Regulatory Commission, a petition for rule making to amend the Comission's regulations
" Domestic Licensing of Special Nuclear Material," 10 CFR Part 70, and " Physical Protection of Plants and Materials," 10 CFR Part 73.
The petitioner requests the Commission to amend 5170.20a(a), 70.20a(d)(1),
and 70.20a(d)(2) to change the references "73.30 through 73.36" to read "73.30 through 73.37".
The petitioner also requests the Commission to amend 373.37(a) and Appendix 0 of Part 73 by changing the words "Each licensee who transports or delivers to a carrier for transport irradiated reactor fuel" to read "Each licensee who transports irradiated reactor fuel".
As a basis for the petition, the petitioner states that:
The effect of these proposed amendments would be to make che new Part 73 physical security requirent during transport of spent fuel shipments consistent with the philosophical approach applied to shipment of SSNM in other forms.
When Section 70.20a became effective June 7, 1979, it served to place the responsibility on the carrier to provide the physical security required during transport. This new approach excluded spent fuel because, at that time, the Comission had not yet concluded that spent fuel required physical security during the tr yrtation cycle.
When the Comission detennined to require physical security for shipments of spent fuel, censistency would heave been best served had it acted to extend the general license to include spent fuel as a new material under parts 73.30 through 73.36. The action of the Comission effectively served to remove the prior exemption of spent fuel from the materials named in parts 73.30 through 73.36.
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2 Instead, the amendments to Part 73 which become effective July 16, place the onus for providing physical security for spent fuel during transport on the shipper rather than on the carrier.
In the instance of all other SSNM, the onus is on the carrier rather than the shipper.
It is clear that this inconsistency should be corrected, and it is in this interest that we petition for the amenoments as listed.
A copy of the petition for rule making is available for public u.spection at the Comission's Public Document Room,1717 H Street, N.W., Washington, DC. A copy of the petition may be obtained by writing the Division of Rules and Records at the below address.
All persons who desire to submit written coments or suggestions concerning the petition for rule making should send their comments to the Secretary of the Commission, U.S. Nuclear Regulatory Connission, Washington, DC 20555, Attention:
Docketing and Service Branch by October 15, 1979 FOR FURTHER INFORMATION CONTACT:
J. M. Felton, Director, Division of Rules and Records, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 2D555, telephone 301-492-7211.
Dated at Washington, DC this 10th day of August, 1979.
For the Nuclear R ulai.ory Comission
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Samuel ilk Secretary a the Commission I115 213
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WUI MM7. RCA 24640 Secretar.y, U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Attn: Chief, Docketing and Service Section Gentlemen, Please accept this petition to amend Part 70 as follows:
1.
In Section 70.20 a (a) change 73.36 to read 73.37 2.
In Section 70.20 a (d)(1), change 73.36 to read 73.37 3.
In Section 70.20 a (d)(2) change 73.36 to read 73.37 We further petition to amend Part 73.37 which becomes effective July 16, as follows:
1.
In Section 73.37 (a), eliminate the words "or delivers to a carrier for transport."
2.
In Appendix D eliminate the words "or delivers to a carrier for transport."
The effect of these proposed amendments would be to trah the new Part 73 physical security requirement during transport of spent fuel shipments consistent with the philosophical approach applied to shipment of SS?GI in other forms.
When Section 70.20 a became effective June 7, 1979, it served to place the responsibility on the carrier to provide the physical security required during transport.
This new approach excluded spent fuel because, at that time, the Commission has not yet concluded that spent fuel required physical security during the transpo d ation cycle.
When the Commission determined to require physical security for shipments of spent fuel, consistency would have 'oeen best served had it acted to extend the general license to include spent fuel as a material under parts 73.30 through 73.36.
The action of the net Commission effectively served to remove the prior exemption of
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U.S. Nuclear Regulatory Commission June 29,1979 page two spent fuel from the materials named in parts 73.30 through 73.36.
Instead, the amendments to Part 73 which become effective July 16 place the onus for providing physical security for spent fuel during transport on the shipper rather than on the carrier.
In the instance of all other SSUM, the onus is on the carrier rather than the shipper.
It is clear that this inconsistency should be corrected, and it is in this interest that we petition for the amendments as listed.
Edlow International Company has a direct interest in this matter.
As agent for a number of principals, our company arranges for the transportation of spent fuel SSUM, as well as LEU and other fuel cycle commodities.
We request that the Commission amend the regulations on an emergency basis, and prior to July 16, 1979, so that, when the new regulations become effective on that date, the inconsistencies will have been corrected.
Respectfully submitted, EDLOW INTERNATIONAL COMPAUY
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c?<LYecw" Samuel Edlow President SE/ar cc: Office of General Counsel, URC 1115 215