ML19224D634
| ML19224D634 | |
| Person / Time | |
|---|---|
| Issue date: | 05/30/1979 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| FRN-43FR48621, RULE-PRM-2-8 FRN-790530-1, NUDOCS 7907130204 | |
| Download: ML19224D634 (3) | |
Text
l NRC PUBLIC DOCU3ENT ROGY 4
i:UCLEAR REGULATORY COIMISSION
/[Dockettio.PRM-2-8[/
Uti10N OF CC"CERNED SCIEI4TISTS, AND NATURAL RESCURCES DEFENSE COUNCIL, INC.
Filing of Petition for Rule Making Notice is hereby given that the Union of Concerned Scientists ud Natural Resources Defense Council, Inc., by letter dated March 2,1979, have filed with the Comission comments on a rulemaking action and a petition for rule making.
On October 19,1978 (43 FR 48621) the Commission amended its regulation
" Reporting of Defects and Noncompliance," 10 CFR Part 21.
The amendments
!imited the types of items 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 g
imposed for nuclear application will not be within the scope of the mle kh for reporting defects and noncompliance.
The notice of October 19, 1978, included the fo. :owing statement:
L Since the amendments are intended, in part, to respond to a number of requests for exemptions from 10 CFR Part 21 which may be isp y
necessary to insure the continued availability of components
!.p for the nuclear industry and since the amendments narrow '.he scope
[
of the regula. ion thereby relieving a restriction on persons subject to it, but without any significant adverse safety conse-quences, the Ccmmission has found that good cause exists for cmitting notice of proposed rule making and public procedure thereen as unnecessary.
Accordingly, the amendments are to be effective Octcber 19, 1978.
79 07130 NOk
I
~
The notice of October 19, 1978 also stated that:
Public comments 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, theletter included a number of specific comments on the rulemaking action of October 19, 1978.
These canr.cc,ts 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 cannent on the Staff proposal.
Only after receipt of the public comments should the Commission take action on the proposal. The Staff proposal could be treated as the proposed amendment, provided its publica-tion did not repre sent a p ejudgment of the merits by the Cannission.
In support of the petition for rulemaking, the petitioner comnented as follows:
" Based on our review, we have concluded that the Staff misled the Commission concerning the urgency oi, th need for, and 'he safety significance of amendment..."
"There is obviously more to this troceeding than a mistaken amendment to a regulation.
The Staff presentation to the Ccamission was clearly an acversary presentation during which the Staff skillfully used its presumed 369 084
. 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 Cocmission take steps to reduce the risk created by the Staff acting in an adversarial fashion."
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A copy of the letter which contains the petition for rule making is available for public inspection in the Comission's Public Document Room, Z
1717 H Street, N.W., Washington, D.C.
A copy of the letter may be obtained by j
writing to the Division of Rules and Records, Office of Administration, U. S.
{
Nuclear Regulatory Comission, Washington, D.C.
20555.
A
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All persons who desire to submit written coments or suggestions concerning the petition for rule making should send their coments to the Secretary of
~
the Comission, U. S. Nuclear Regulatory Comission, Washington, D.C.
- 20555, x-Attenti on,-
Docketing and Service Branch by August 6, 1979.
FOR FURTHER INFORMATION CONTACT:
[
Gerald L. Hutton, Division of Rules and Records, il Office of Administration, U. S. Nuclear Regulatory Comission,
}
Washington, D.C.
20555, telephone 301-492-7086.
Cated at Bethesda, Maryland this 30thday of May 1979.
For tf e Nuclear D gulatory Ccamission UN Samuel J. Chilk
)
Secretary of Ehe Conmission 369 085
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