ML19211A386
| ML19211A386 | |
| Person / Time | |
|---|---|
| Issue date: | 10/18/1979 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Scott S NRC OFFICE OF ADMINISTRATION (ADM) |
| References | |
| RULE-PRM-000 NUDOCS 7912180134 | |
| Download: ML19211A386 (20) | |
Text
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o UNITED STATES
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October 18, 1979 MEMORANDUM FOR: Steve Scott Accessions Unit, Division of Technical Information and Document Control FROM:
J.M. Felton, Director Division of Rules and Records Office of Administration
SUBJECT:
TRANSMITTAL OF QUARTERLY PETITIONS OF RULEMAKING REPORT Enclosed for transmittal to the Public Document Room is the quarterly report on petitions for rulemaking as of September 30, 1979. This report has been prepared in accordance with 10 CFR 5 2.802, and a notice will be published in the Federal Register soon announcing its availability in the Public Document Room for inspection and copying.
l Jc3b p'~
J.M. Felton, Director r
Division of Rules and Records Office of Administration
Enclosure:
As stated 1597 313 IM 7912180
NRC PETITIONS FOR RULEMAKING PENDING fit'AL ACTION AS OF SEPTEMBER 30, 1979 Petitioner PRM-#
(FR Citation)
Sub.iect Action PETITIONS COMPLETED LAST QUARTER 7-1 Non Destructive To establish a review board Comnents by 11/13/78.
Four Testing Manage-made up of responsible letters of comment have been ment Association members of the industry to received.
(43 FR 41100, review all pertinent NRC Notice of Denial published in 9/14/78) regulations and to clarify the Federal Register on 8/2/79.
positions of the industry (44 FR 45495).
Task Leader:
prior to issuance of all new J. J. Henry, OSD.
regulations.
20-12 Pan American To amend the definition of Comments by 1/29/79.
No com-World Ai rways,
" radiation area" in 520.202 ments have been received.
Inc. (43 FR 56108, (b)(2).
Notice of Denial published 11/30/78) in the Federal Register on 9/26/79. (44 FR 55445).
Task Leader:
W. 5, Cool, OSD 31-3 R. F. Nachreiner To amend 831.11 to include Comments by 9/26/78..One com-(43 FR 32906, Veterinarians as general ment received.
Incorporated 7/28/78) licensees.
in Proposed Rule (Parts 31 and en
- 32) Published 4/26/79.
Eleven w
comments on proposed rule N
received.
Notice of t~
Final Rule published in the Federal Register on 8/28/79.
(44 FR 50324).
Task Leader:
D. A. Bozik, OSD.
s
Petitioner PRM-#
(FR Citation)
Subject Action 34-1 Tech / Ops To amend 534.21 to change Comments by 7/18/77.
No (42 FR 25787, the method of determining comments were received.
5/19/77) surface radiation dose rate Notice of Denial published limits for radiographic in the Federal Register on exposure devices.
The 8/3/79.
(44 FR 45813). Task present method is called not Leader:
S. McGuire, OSD truly practical.
PETITIONS DNCORPORATED IN PROPOSED RULES 36-2 Carter-Wallace, To expand the scope of the Incorporated in proposed Inc. (43 FR 45,-
general license in s36.21(b) rule (Part 110) published 1/3/78) to include certain byproduct 5/9/78, coninents by 6/23/78.
material contained in in-vitro Public conTnents have been diagnostic products intended received and analyzed on for clinical or laboratory proposed rule.
Task Leader:
testing, and to include ex-M. Peterson, IP.
port to Southern Rhodesia, u
Poland, Rumania, and any foreign country listed in H36.50, Schedule A, except h
certain designated countries.
w
Petitioner PRM-#
(FR Citation)
Subject Action 40-21 Natural Resources To require uranium mill oper-Comments by 7/14/75, extended Defense Council,
ators licensed by the Commis-to 8/28/75.
Commission re-Inc. (40 FR 20983, sion or an Agreement State to sponse to petition published 5/14/75) post a performance bond that 6/3/76--Commission detennina-would cover the cost of sta-tion to prepare GEIS as basis bilization and ultimate dis-for decision on rule.
Regula-posal of uranium mill tailings.
tions being developed in close connection with GEIS will cover financial surety as well as technical requirements concerning tailings disposal.
The draft GEIS was issued in 4/79.
Incorporated in proposed rule (parts 30, 40, 70, 150 and 170) published 8/24/79, coments by 10/24/79.
Task Leader:
Den Harmon, OSD.
50-10 State of New Jersey To amend regulations in Ap-Comments by 7/5/74.
Six com-(39 FR 15900, pendix E to apply to Commis-ments were received.
Original 5/6/74) and Nuclear sion licensees who are not petition had four parts.
The Energy Council (39 otherwise subject to Appendix first part, on reactor person-FR 25535, 7/11/74)
E and who receive, store, nel qualification, has been
~
possess, and/or distribute withdrawn by the petitioner.
N large quantities of radioac-The second part, on health tive materials; to consider physics personnel, was satis-v Class 9 accidents for new or fied by regulatory guides novel sites or reactors.
(petitioner agrees).
An amend-ment to Part 70 was published on 6/27/75, which resolved another part of the petition.
Petitioner PRM-#
(FR Citation)
Subject Action 50-10 Petitioner agreed that action con't on the fourth part, Class 9 accidents, should await com-pletion of the liquid pathways study.
Incorporated in pro-posed rule (Partg 50 and 70) published 9/19/79, comments by 11/19/79.
Task Leader:
Mike Jamgochian, OSD.
w Ln NO N
LN
/
p Petitioner PRM-#
(FR Citation)
Subject Action 71-1 Energy Research To exempt " low specific ac-Comments by 11/25/75.
PRM's and Development tivity material" from the 71-1, 71-2, 71-3 and 71-4 are Administration packaging requirements of being incorporated into a rule-(40 FR 43517, Part 71.
The petition making action scheduled for 9722/75) from Diagnostics Isotopes Commission action in early Corporation also requests 1979.
This rulemaking action 71-2 American National that the radionuclide lead-would incorporate internation-Standards Institut'e 201 be included in Trans-ally developed transportation Committee N14 port Group IV.
standards (IAEA) into domestic (41 FR 15920, regulations, both NRC and 4/15/76) 00T.
The action will identify inconsistencies in the various 71-3 Diagnostics Iso-standards and made them compat-topes Corporation ible.
The rulemaking action (41 FR 50359, 11/15/76) should satisfy all four peti-tions, which are similar.
Five conments were received, 71-4 Chem-Nuclear Sys-all are in support of the tems, Inc.
petition.
Incorporated in (42 FR 5149, proposed rule (Part 71).
G 1/27/77)
Published 8/17/79, Conments e
by 10/18/79.
Task Leader:
N D. R. Hopkins, OSD.
ug PETITIONS PENDING STAFF REVIEW 2-5 State of New Hamp-To conduct a joint proceeding Comments by 1/29/79; extended shire (43 FR with the Council on Environ-to 2/28/79.
Eleven comments 56110,11/30/78) mental Quality, Environmental were received.
Task Leader:
Protection Agency, Secrettcy Jane Map::s, ELD.
. Petitioner
~
PRM-#
(FR Citation)
Subject Action 2-5 of the Army, Secretary of the con't Interior, Secretary of State, and Secretary of Transporta-tion, to adopt rules designed to achieve efficiency in the grant or denial of all li-censes required for the con-struction and operation of nuclear power facilities.
2-6 Eckert, Seamans, To prescribe time periods Comments by 4/6/79.
No Cherin & Mellott for completion of licensing comments have been received.
(44 FR 6994, review by the Commission ~'s Task Leader:
M. Fleishman, 2/5/79) staff and Atomic Safety OSD.
and Licensing Boards.
2-7 Wells Eddleman To clarify 52.714 to explicit-Comments by 4/9/79.
Four (44 FR 8043, ly allow a person newly comments have been received.
2/8/79) arrived in the vicinity of a Task Leader:
M. Staenberg, nuclear power plant site to ELD.
petition with good cause to intervene,and also an organi-en zation formed after the clo-e sing date for intervention N
petitions to intervene.
t~
2-8 Union of Concerned To require that Comments by 8/6/79.
Task Scientists and all proposed regulations be Leader:
Unassigned OSD.
Natural Resources preceded by an advance notice Defense Council of intent, and Staff Proposals Inc. (44 FR 32489 for regulations be treated 6/6/79) no differently from those generated by the public.
Petitioner PRM-#
(fRCitation)
Subject Action 20-6 Natural Resources To amend radiation protection Comments by 2/12/76.
Sixty Defense Council, standards as they apply to the comments were received.
Fifty-Inc. (40 FR 50327, maximum permissibte whole body six of the 60 comments received 10/29/75).
dose equivalent fo, occupa-were in opposition to the pe-tional exposure.
tition.
A supplement to the petition was submitted by the NRDC on 11/4/77 prior to Com-mission decision.
The NRDC supplement requested consider-ation of recent epidemiological studies.
This issue will prob-ably be included in the hearing on occupational radiation pro-tection to be jointly sponsored by EPA, NRC, and OSHA.
Hearing format, schedule, and scope is being worked out with EPA, et al. Task Leader:
J. M. Bell LA NO
'W LN DJ CD
. Petitioner PRM-#
(FR Citation)
Subject Action 20-6A Rosalie Bertell To amend NRC standards for pro-Comments by 10/20/78.
As of (43 FR 37018, tection against radiation as 9/13/79, four comments i
8/21/78) they apply to the maximum whole received.
body dose equivalent for occu-One commentor favors, pational exposures to ionizing 3 oppose petition.
Staff met radiation.
with Dr. Berte11 on 11/6/78 to discuss her views on i
petition.
The joint hearing referred to under PRM-20-6 will include consideration of this petition.
Task Leader:
J. M. Bell, OSD me LM NO N
LN N
Petitioner PRM-#
(FR Citation)
Subject Action 20-7 Natural Resources To adopt interim regulations Notice of Partial Denial Defense Council, setting standards for shallow published in the FederalcRegis-Inc. (41 FR 41759, land disposal of low-level ter on 7/25/79 (44 FR 43541).
9/23/76) radioactive wastes.
The issues and points raised in the petition and in the petitioner's proposed GEIS outline are being considered by NRC staff as input to their development of waste manage-ment regulations and support -
ing environmental impact state-ments.
Task Leader: G. Roles, NMSS.
20-10 Citizens United To require that all abnormal Comments by 3/27/78. Twenty-for Responsible incidents be reported immedi-seven comments were received.
Energy (43 FR 3448, ately (within 1/2 hour) to the Task Leader: C. Nichols, OSD.
1/25/78)
Director of the appropriate NRC Inspection and Enforce-ment Regional Office.
en so 20-13 Victor E. Anderson To require that health physi-Comments by 4/30/79. Fifty-(44 FR 11284, cists be certified by the eight comments received as of t~
2/28/79)
Commission.
9/13/79.
Fifty-two comments rs) oppose the petition. Task Leader: J. M. Bell, OSD.
. Petitioner PRM=#
(FR Citation)_
Subject Actica 30-55 State of New Jer-To establish criteria to quan-Comments by 10/11/77.
Six sey, Department tify the ALARA emission reduc-comments were received.
Task of Environmental tion policy for major facili-Leader:
L. Battist, OSD Protection ties using byproduct materials (42 FR 40791, from man-made fission reactions, 8/11/77) etc.
30-56 Gulf Nuclear, Inc.
To divide the NRC into two en-Coments by 6/16/79. Eleven (44 FR
- 28869, tities, one area dealing with coments received. Task 5/17/79) power reactors, etc. and any Leader:
J. Henry, OSD.
area that deals with fissile material; the second area would deal with byproduct materials.
]
34-2 Non Destructive To amend NRC regulations to Comments by 10/3/78.
Eleven e
Testing Manage-provide for registration, li-comments have been received.
N ment Association censing, and control of Task Leader: S. McGuire, OSD (43 FR 34563, individual radiographers.
urv 8/4/78) u
Petitioner PRM-#
(FR Citation)
Subject Action s
35-1 George V. Taplin, To amend NRC regulations to Canments by 7/6/79.
(44 FR 26817, rescind the reauirements that Task Leader:
Edward 5/7/79) physicians must use an approved Podolak, 050.
radiophannaceutical strictly in accord with the manu-facturers' package insert.
40-22 Defense Security To add a new section 40.23 to Conments by 14/4/79. No com-Assistance Agency 10 CFR Part 40 to provide a ments as of 10/10/79.'
(44 FR 57540, general license authorizing the Task Leader: M. Peterson, 050.
10/5/79)
D0D to export to any authoriz-ed country pursuant to the Arms Export Control Act or the Foreign Assistance Act of 1961 depleted uranium in munitions penetrators.
Comments by 8/13/76.
Eleven 50-17 Boston Edison To amend Parts 2 and 50 with Company, et al.
respect to the issuance of comment letters received.
(41 FR 24006, amendments to operating li-Task placed in " hold" status 6/14/76) censes for production and on 2/3/78 pending action on utilization facilities.
Spe-proposed legislation, en cial criteria for determining
" Nuclear Siting and Licensing
[O when a proposed anendment to Act of 1978."
Task was y
an operating license involves reactivated on 11/28/78.
L~
no "significant hazards con-Task Leader:
W. E. Campbell,
[f siderations" and may be is-OSD.
sued without prior public notice and a hearing.
Petitioner PRM-#
(FR Citation)
Subject Action 50-20 Free Environment, To amend 10 CFR Part 50 be-Comments by 7/18/77.
Three i
Inc., et al.
fore proceeding with any pro-comments were received.
Items (42 FR 25785, cessing of license applica-(1) through (3) were incorpor-5/19/77) tions for the Central lowa ated with action on PRM-50-19.
Nuclear Project to require Item (3) denial was published that (1) nuclear reactors 2/2/78 (43 FR 4466).
Items (1)
Le hcated below ground level; and (2) denial were published (2) nuclear reactors be housed 4/19/78 (43 FR 16556).
Item in sealed buildings, within (4) is related to PRM-100-2.
which permanent heavy vacuums An approach on that item will are maintained; (3) a full-be determined by common deci-time Federal employee with sion on PRM-100-2, work is full authority to order the presently suspended awaiting plant to be shut down in case Siting Policy) Task Force re-port (5/15/79 and follow-on of any operational abnormality always be present in a nuclear Commission action.
PRM-50-20 generating station; and (4)
Item (4) will be rescheduled the Central Iowa Nuclear following Commission decision Project and other reactors on PRM-100-2.
Task Leader:
be sited at least 40 miles F. Costanzi, OSD.
from piajor population centers.
50-21 Northern States To include plant security in-Comments by 9/19/77.
Twelve Power Company and formation within the defini-comments were received.
Pend-Wisconsin Electric tion of Restricted Data or ing Congressional consideration Power Company NationEl Security Informa-and decision for legislation Ln (42 FR 37458 tion, etc.
to amend the Atomic Energy Act 7/21/77) of 1954, as amended to provide for the protection from un-
'~
authorized disclosure of safe-N guards information.
This tn amendment, if approved, would in effect, be a grant of the
Petitioner PRM-#
(FR Citation)
Subject Action 50-21 petition. Task Leader: L.C.
(cont)
Solem, OSD.
50-22 Public Interest Re-To require plant operators Comments by 10/7/77, extended search Group, et al, to post bonds to be held in to 11/4/77, further extended (42 FR 40063, escrow, prior to each plant's to 1/3/78.
Sixty-two letters 8/8/77) operation to insure that, were received commenting on funds will be available for the petition.
Notice of Par-proper and adequate isolation tial Denial of petition Pub-of radioactive material upon lished in Federal Register each plant's decommissioning.
6/22/79 (44 FR 36523).
Task Leader: D. F. Hannon, OSD.
50-23 Critical Mass To renew and supplement a pe-Connents by 8/6/79.
Petition Energy Project, et titian on evacuation plans being considered in conjunc-al.
(44 FR 32486, submitted to the NRC by PIRG tion with staff analysis of 6/6/79) and 30 other citizen groups emergency planning rule on August 6, 1975.
The NRC changes. Received two com-denied the petition on 6/7/77.
ments.
Task Leaders:
Steven Lee and Mike Jamgochian, OSD.
50-24 John F. Doherty To establish procedures where-Comments by 10/1/79.
Task (44 FR 47997, by the Commission would inform Leader: William Gammill3 8/16/79) all holders of Class 103 Licen-NRR.
ses of any announcement by any Federal agency or department of predicted or expected fall-u ing objects from earth orbit of that department or agency's y
responsibility or a foreign nation s.
m Petitioner PRM-#
(FR r.itation)
Subject Action il-1 New England Coali-To amend Table S-3, sumary Comments by 3/13/76, extended tion on Nuclear of environmental considera-to 4/26/76.
Ten coments were Pollution tions for uranium fuel cycle received.
Partial denial pub-(41 FR 2448, and accompanying text.
lished 4/14/78 (43 FR 15613).
1/16/76)
Remaining action deferred pend-ing a future rulemaking pro-ceeding to amend the value for radon in Table S-3.
Task Leader: J. Axelrad, ELD.
51-4 Boston Edison Com-To limit the scope of the en-Coments by 5/8/78.
Eleven pany, et al. (43 vironmental review conducted comments were received.
Task FR 9542, 3/8/78) at the operating license stage Leader: S. Lee, OSD, for Section 103 applicants to those matters of ~ environ-mental significance which have not been resolved in the en-vironmental review conducted at the construction permit stage.
70-6 Eberline Instrument To approve air transport of Comments by 10/17/77.
One Corporation calibration or reference coment was received.
To be (42 FR 41675, sources containing not more handled in conjunction with a 8/18/77) than 5 microcuries of plu-rulemaking to implement Pub. L.
G tonium.
94-79 prohibiting air transport e
of plutonium unless in a crash-N proof container.
The petition t~
will be considered in conjunc-N tion with a rulemaking action N
to be initiated by the staff
Petitioner PRM-#
(FR Citation)
Subject Action 70-6 implementing Public Law 94-79, (cont)
The rulemaking will consider
~
among other things whether, under Public Law 94-79, the Commission may authorize air shipment of small quantities of plutonium in a package other than an approved container, and if so, what regulatory requirements should apply to such shipments.
Task Leader:
A. N. Tse, OSD, NO N
LN N
00
Petitioner PRM-#
(FR Citation)
Subject Action 71-6 Critical Mass Energy To impose the use of special Comments by 1/30/78.
Forty Project, et al.
routes for the transportation coments were received.
In-(42 FR 61089, of radioactive materials, formed petitioner on 6/7/78 12/1/77) emergency plans for accidents, that NRC staff is delaying ac-financial responsibility of tion on petition until NRC/ DOT licensees for accidents, and special study on Package plan for informing drivers of Requirement and Emergency Re-the nature of their cargo.
sponse (requested by Congress-man Wirth) is completed in 1979.
Task Leader: A. N. Tse, OSD.
71-7 Non Destructive To revoke Appendix E, " Qual-Comments by 8/14/78.
Thirty-Testing Management ity Assuranca Criteria for nine comments were received.
Association, et al.
Shipping Packages for Radio-On 6/23/78 (43 FR 27174),
(43 FR 25749, active Materials," to 10 CFR date of implementation of the 6/14/79)
Part 71 and delay the effec-QA requirements of 10 CFR Part tive date of implementation 71 was extended from 7/1/78 to of Appendix E until a hearing 1/1/79.
Task Leader: R. J.
can be conducted.
Doda, OSD.
en 73-2 Wisconsin Electric To eliminate the requirements Comments by 10/17/77.
Five Power Company, et for pat-down physical hundred and twenty-five com-al. (42 FR 46431, search of individuals enter-ments were received.
Letter
'~
9/15/77) ing a protected area.
sent to petitioner 8/1/78 noti-fying of Comission decision to delay decision.
Letter sent to petitioner 2/28/79, infonning him of the action
' Petitioner PRM-#
(FR Citation)
Subject Action
-2 taken on SECY 79-59 i.e. to nd delay implementation of cer-tain complementary and alter-native measures for protection against the insider threat to 8/79.
Letter sent to petition-er 8/15/79 infonning him of the action taken on SECY-79-59A (same as SECY-79-59, except extending the date to 11/79.
Task' Leader: T. Michaels, OSD.
73-3 KMC, Inc., et al.
To amend H73.55 to include a Coments by 9/8/78.
Petitioner (43 FR 29635, statement that meeting the notified on 11/6/78 that action 7/10/78) specific requirements normal-on the petition will be delayed ly will satisfy the perform-until implementation of ance requirements for physi-673.55 is comoleted, Task cal protection at nuclear Leader: L, Solem, OSD.
powerpjants.
73-4 Samuel H. Levine To amend Part 73 to exempt Comments by 9/11/79.
Task (44 FR 40987, from the requirements of Part Leader: Jim Prell, 050.
7/13/79) 73 Special Nuclear Material fuel in a fuel element which is not readily separable from other radioactive material and which has a total eternal N
radiation dose rate in excess of 0.4 rems per hour gram of d
U-235 at a distance of three cn feet.
- Petitioner PRM-#
(FR Citation)
Subject Action 73-5 Edlow Internation-To amend" Domestic Licensing Comments by 10/15/79. No com-al Co. (44 FR 47998, of Special Nuclear Material,"
ments received to date.
Task 8/16/79) 10 CFR Part 70, and "Phy ical Leader: Ted Michaels, OSD.
Protection of Plants and Ma-teri al s,"
140-1 Public Citizens To find pursuant to the pro-Comments by 10/29/79.
Task Litigation Group-cedures and criteria in the Leader: Harold Peterson, Critical Mass En-NRC's regulations (Subpart E OSD.
ergy Project (44 of 10 CFR Part 140), that the FR 50419, 8/28/79) nuclear accident commencing on March 28, 1979 at the Three Mile Island, Unit 2 nuclear power plant constitutes an
" extraordinary nuclear occurrence" (EN0) also to amend Subpart E of 10 CFR Part 140.
150-1 Chem-Nuclear Sys-To eliminate the paragraph Conments by 4/10/78.
No com-tems, Inc.
(43 that provides for persons en-ments were received.
Task FR 5442, 2/8/78) gaging in activities in non-Leader: J. J. Henry, OSD.
Agreement States not possess or use radioactive material for more than 180 days in any calendar year.
The petition states that this creates ad-N ditional paperwork and ex-d pense and may in the future limit the performance of service to public utilities.
. Petitioner PRM-#
(FR Citation)
Subject Action 150-1 (cont)
M N
4 U
N
.