ML19224C778

Notification That Ucs & NRDC Have Filed Comments on Rulemaking Action & Petition for Rulemaking PRM-2-8

ML19224C778
Person / Time
Issue date:	05/30/1979
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:
References
FRN-43FR48621, RULE-PRM-2-8 NUDOCS 7907060460
Download: ML19224C778 (3)

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UtiluN CF CCNCERNED SCIEliTISTS, AND i;ATURAL RESCURCES DEFENSE COUNCIL, INC.

Filing of Petition for Rule flaking i;otice is hereby given that the Union of Concerned Scientists and Natural Resources Defense Council, Inc., by letter dated f4 arch 2,1979, have filed with the Commiss' 1 comments on a rulemaking acticn end a petition for rule making.

On October 19,1978 (43 FR 48621) the Ccmmission amended its regulation

" Reporting of Defects and I;oncompliance," 10 CFR Part 21.

The amendments limited the types of itens that are within the scope of Part 21 for reporting defects and noncompliance.

The amendments provide that items that are available in general commerce and which have no unique requirements imposed for nuclear 6pplication will not be within the scope of the rule for reporting defects and noncompliance.

The notice of October 19, 1978, included the following statement:

Since the amendments are intended, in part, to respond to a number of requests for exemptions from 10 CFR Part 21 which may be necessary to insure the continued availability of components for the nuclear industry and since the amendments narrow the scope i

of the regulation thereby relieving a restriction on persons sebject to it, but without any significant adverse safety conse-quences, the Commission has found that good cause exists for omitting notice of proposed rule making and public procedure therecn as urnecessary.

Accordingly, the amencments are to be effective October 19, 1978.

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The notice of October 19, 1978 also stated that:

Public comrents on these amendments and on other portions of 10 CFR Part 21 are invited in order to evaluate the need for any further clarifying or other changes to 10 CFR Part 21.

Comments that are received prior to December 18, 1978, will be particularly useful in evaluating the need for and content of additional amendments.

In response to this request, the' letter included a number of specific cornents on the rulemaking action of October 19, 1978.

These comments will receive careful attention.

The petition requests that -

1.

All proposed regulations be preceded by an advance notice of intent to develop a regulation.

2.

Staff proposals for regulations be treated no differently fran those generated by the public - i.e., a Staff submittal of a proposal to the Commission should trigger a FEDERAL REGISTER notice and opportunity for public comment on the Staff proposal.

Only after receipt of the public comments should the Comnission take action on the proposal. The Staff proposal could be treated as the proposed amendment, provided its publica-tion did not represent a prejudgment of the nerits by the Commission.

In support of the petition for rulemaking, the petitioner commented as follows:

" Based on our review, we have concluded that the Staff misled the Commission concerning the urgency of, the need for, and the safety significance of amendment..."

"There is obviously more to this proceeding than a mistaken amendment to a regulati on.

The Staff presentation to the Cornission was clearly an acversary presentation during which the Staff skillfully used its presumed

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. expertise, humor and the selective emphasis of record facts to persuade the Comission to do something it should not have done and to do it in an inappropriate manner.

It is important that the Cocnission take steps to reduce the risk created by the Staff acting in an adversarial fashion."

A copy of the letter which contains the petition for rule making is available for public inspection in the Commission's Public Document Room, 1717 H Street, N.W.,Wasnington, D.C.

A copy of the letter may be obtained by writing to the Division of Rules and Records, Office of Administration, U. S.

Nuclear Regulatory Commission, Washington, D.C.

20555.

All persons who desire to submit written comments or suggestions concerning the petition for rule making should send their comments to the Secretary of the Cormission, U. S. Nuclear Regulatory Comission, Washington, D.C.

20555, Attention:

Docketing and Service Branch by August 6, 1979.

FOR FURTHER INFORMATION CONTACT:

Gerald L. Hutton, Division of Rules and Records, Office of Administration, U. S. Nuclear Regulatory Commission, Washington, D.C.

20555, telephone 301-492-7086.

Dated at Bethesda, Maryland this 30thday of May 1979.

For tf e Nuclear gulatory Conmission b

'd Samuel J. Chilk l

Secretary of the Commission in7 q c/ *f c

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.s Re:

10 CFR Part 21

Dear Mr. Chilk:

The enclosed is a petition for rulemaking as well as comments on amendments to 10 CFR Part 21.

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Chairman Hendrie Commissioner Ahearne Commissioner Gilinsky Commissioner Bradford Commissioner Kennedy n

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AMENDMENTS TO 10 CFR PART 21

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,a UNION OF CONCERNED SCIENTISTS AND NATURAL RESOURCES DEFENSE COUNCIL COMMENTS ON AMENDMENTS TO 10 CFR PART 21 AND REQUEST FOR AMENDMENT Introduction On October 13, 1978, the Commission took the extra-ordinary action of making a major amendment to a major nuclenr safety regulation without prior public notice.

Amendments to 10 CFR Part 21, exempting suppliers of commercial grade components from the regulation, were made immediately effect-ive upon publication in the Federal _ Register on October 19, 1978 (43 FR 48621).

The justification for omitting notice of proposed rulemaking and public procedure thereon vas, in Jarge part, allegations by the Staff that:

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The amendments were not controversial; 2.

Continued application of Part 21 could have adversely affected safety, reduced nuclear power plant availability and delayed construction of other plants; and 3.

Staff resources would have been adversely affected by the need to c.ct on pending and anticipated exemption requests.

The record of the Staff's acti' 1-

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amendments does not support the 1

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Freedom of Information Officer.

U.S. Nuclear Regulatory Commission t ACT REQUEST-Washington, D.C.

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Dear Sir or Madam:

f g ggy 7f Pursuhnt to the Freedom of Information Act and the 1

please. Provide the following which relare generally to the amendments to 10 CFR Part 21, dated October g

Sunshine Act, 13, 1978 (43 Fed. Reg. 48621,_Oct. 19, 19~S):'.

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_All materials examined by the Commiss oners

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deciding whether to issue the amendment.

s All materials prepared by the Staff or the Ccmmission or any of their' employees or consul-J; 2.

tants with respect to the amendment or with 9

respect to similar proposals to alter Part 21 or to alter its effect, including analyses of dj analyses of safety J

complaints about Part 21, implications of proposed amendments or alterations.

3 All concunications received by the Staff or the e

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with resptet to the proposed or similar amendmenrs and wit:. rs.spect to exemptions from Part 21.

All documents available to the Staff'or the Ccmmis- -

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sion or their employees or consultants to J,upport

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or oppose the view that imposition of the require-1 t'

or ments of Part 21 without the amendment wot:

or did result in the use of second class

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November 15, i978 Mr. Anthony Z. Roisman Natural Resources Defense Council, Inc.

917 15th Street, N.W.

IN RESPONSE REFER W shington, DC 20005 TO E0IA-78-294 g

Dear Mr. Roisman:

e This is in response to your letter dated October 25, 1978, in which you l

requested, pursuant to the Freedom of Information Act, documents relating i

generally to the amendments to 10 CFR Part 21, dated October 13, 1978 i

(43 Fed. Reg. 48621, October 19,1978). Your request was received by the Office of Administration on October 27, 1978.

7.n partial response to your request, pending completion of our search for documents subject to your request, the documents listed in Appendix j

A are being placed in the NRC Document Room (PDR) located at 1717 H Street, N.W., Washington, DC.

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Sincerely,

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J. M. Felton, Director l

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Enclosure:

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