ML19211D163
| ML19211D163 | |
| Person / Time | |
|---|---|
| Issue date: | 12/06/1979 |
| From: | Minogue R NRC OFFICE OF STANDARDS DEVELOPMENT |
| To: | Dingell J, Hart G, Moffett T, Udall M HOUSE OF REP., GOVERNMENT OPERATIONS, HOUSE OF REP., INTERIOR & INSULAR AFFAIRS, HOUSE OF REP., INTERSTATE & FOREIGN COMMERCE, SENATE, ENVIRONMENT & PUBLIC WORKS |
| References | |
| RULE-PRM-150-1, TASK-OS, TASK-TP-808-3 NUDOCS 8001160595 | |
| Download: ML19211D163 (3) | |
Text
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DEC 101979 NOTE TO: Document Control Room 016 T. T. #6N8.Y, Te5 6: 65 *. SP FROM:
Please place the attached document in the PDR using the following file and file points:
PDR File Related Documents (SelectOne)
(Enterifappropriate)
Proposed Rule (PR)
ACRS Minutes No.
Reg. Guide Proposed Rule (PR)
Draft Reg. Guide Draft Reg. Guide 6
Petition (PRM)
PR M 150-Reg. Guide Effective Rule (RM)
. Petition.(PRft)
Effective Rule (RM)
Federal Register Notice V3/R 54V;L SD Task No. 7F 808-3 NUREG Report r
Contract No.
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DEC 6 1979 The Honorable Gary Hart, Chairman Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate Washington, 0.C.
20510
Dear Mr. Chairman:
Enclosed for the information of the Subcommittee are copies of a Notice of Denial of Petition for Rule Making to be published in the Federal Register.
By letter dated February 1, 1978, the Subcommittee was provided with copies of PRM 150-1 filed by Mr. John L. West on behalf of Chem-Nuclear Systems, Inc. to amend the Commission's regulations.
The petitioner requested that the Commission amend its regulation, " Recognition of Agreeme.it State Licenses," 10 CFR 150.20 by removing 10 CFR 150.20(b)(3).
This would amend the reciprocity general license by removing a condition stating that any person who engages in activities in non-Agreement States under 10 CFR 150.20 shall not possess or use radioactive materials, or engage in activities authorized in 10 CFR 150.20(a) for more than 180 days in any calendar year.
The Atomic Energy Ccmmission first gave recognition to Agreement State licenses when, on February 14, 1962, it established new 10 CFR 150.20 granting a general license to any person holding a valid specific license from an Agreement State to conduct licensed activities in non-Agreement States for not more than 20 days in any period of 12 consecutive months.
In the first 6 years of experience with the reciprocity general license, just over 100 Agreement State specific licensees used the general license to conduct activities in non-Agreement States.
After a review of this experience, the Atomic Energy Commission adopted an amendment of 10 CFR 150.20 to increase the time for engaging in activities in non-Agreement States from 20 days in any period of 12 consecutive months to 180 days in any calendar year to facilitate use of the general license in 10 CFR 150.20 and to redLce the number of specific licenses that need to be issued by the Commission and Agreement States for the same activity.
Although not all of the increased use of the reciprocity general license can be attributed to the increase in time to 180 days in any calendar year, about 130 Agreement State specific licensees per year are now conducting in non-Agreement States transient field operations such as industrial radiography, decontamina-tion services, pickup and transportation of prepackaged radioactive wastes, well logging, tracer studies, and similar services.
Long-term field operations should be controlled through specific licensing either by NRC or the Agreement States.
Conversely, it is appropriate and reasonable to give weight to Agreement State licenses by general licensing of operations which are clearly of a short term and transitory nature.
The regulatory burden of 1756 312
The Honorable Gary Hart 2
DEC 6 1979 processing every short-term operation to a specific license would be prohibitive and would not lead to any significant improvement in public health and safety.
The problem is to find the proper balance, that is, the proper breakpoint at which an operation ceases to be short term and begins to take on a more permanent character.
Regulatory experience with the 180-day breakpoint previously adopted by the Atomic Energy Commission would indicate that it is a reasonable break-point even though somewhat arbitrarily arrived at.
In our view, petitioner has not made a case to change this breakpoint, nor does our reexamination of licensing experience lead to the conclusion that it should be changed.
Based on this background, the Commission's Executive Director for Operations has decided to deny petition for rule making PRM 150-1 on the grounds that the limit of 180 days in any calendar year should not be removed from 10 CFR 150.20 because it is still appropriate to have a breakpoint between NRC's recognition of Agreement State licenses for transient field operations in non-Agreement States and issuance of NRC licenses for longer-term activities and transient operations throughout the United States.
Enclosed also are copies of a letter notifying Mr. West of the denial of petition for rule making PRM 150-1.
Sincerely, Ib N~
Robert B. Minogue, Director Office of Standards Development
Enclosures:
1.
Federal Register Notice 2.
Letter to John L. West cc:
Sen. Alar. Simpson 17SI313 O
MAILING LIST The Honorable Gary Hart, Chairman Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate Washington, D.C.
20510 cc:
Sen. Alan Simpson The Honorable Morris K. Udall, Chairman Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs United States House of Representatives Washi..gton, D.C.
20515 cc:
Rep. Steven Symms The Honor.1.le John D. Dingell, Chairman Subcommittes on Energy and Power Committee on Interstate and Foreign Commerce United States House of Representatives Washington, D.C.
20515 cc:
Rep. Clarence J. Brown The Honorable Toby Moffett, Chairman Subcommittee on Environment Energy and Natural Resources Committee on Government Operations United States House of Representatives Washingtan, D.C.
20515 cc:
Rep. Paul N. McCloskey, Jr.
17565i4