ML19254E652
| ML19254E652 | |
| Person / Time | |
|---|---|
| Issue date: | 09/28/1979 |
| From: | Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML19254E653 | List: |
| References | |
| RULE-RM-50-7 SECY-76-508, SECY-79-319, NUDOCS 7911020125 | |
| Download: ML19254E652 (2) | |
Text
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WASHINGTON, D. C. 20555 c 1970 September 28, 1979
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A?1 Participants of Record In the Matter of Special Nuclear Material Authority for Access to or Control, RM-50-7 On September 14, 1979, the Commission met to consider the course of action it should take in reaching a decision on a clearance rule.
The Commission considered, among other things, the Report of the Hearing Board, a paper prepared by its Office of the General Counsel (memorandum for the Commission froa Leonard Bickwit, Jr.,
General Counsel, dated September 11, 1979, entitled " Discussion Paper to Assist Commission in the Matter of Clearance Rule for SNM, (SECY-79-319)", and two papers prepared by its staff (memoranda for the Commission, dated July 16, 1?79 and July 31, 1979, from H.
K.
Shapar, Executive Legal Director).
The Commission decided at the meeting that it should focus in.icially on a clearance rule along the lines of that proposed by the staff in the hearing, but applicable only to licensed fuel cycle facilities and transportation involving formula quantities of special nuclear raterial, and that it should offer an opportunity to the participants to submit views and comments on certain issues set forth below before making a final decision.
If participants wish to submit views and comments on these issues, they should be submitted to the Secretary of the Commission, U.S Nuclear Regulatory Commission, Washington, D.C.
20555, Attention:
Docket anc. Service Branch, by October 29, 1979.
In order to facilitate comment, copies of the three papers referred to, as well as copies of the transcript of the uommission meeting, are being provided to the participants.
Issues for Comment 1.
The number of individuals who would be subject to an access clearance program confined to licensed fuel cycle facilities and transportation #nvolving formula quantities of special nuclear materials and who do not already need security clear-ances because of other security programs (see Ccmmission meeting transcript, pp. 13-16).
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All Participants 2
September 28, 1979 2.
The practical problems, if any, associated with requiring access clearances for individuals involved in transportation of formula quantities of special nuclear materials and the possible ~ rationale for excluding air transportation from the rule (see Commission meeting transcript, pp. 20-23, 28-29).
3.
The issues addressed in the two cited staff memoranda (memoranda for the Commission, dated July 16, 1979 and July 31, 1979, from H.
K.
Shapar, Executive Legal Director).
4.-
The appropriateness of each of the proposed derogatory information criteria (based on present criteria in 10 CFR Part 10) for such an access clearance program.
The partici-pants should assume for purposes of providing comment that NRC has legal authority to develop its own criteria (see memorandum for the Commission f.om Leonard Bickwit, Jr.,
General Counsel, dated September 11, 1979, pp.
8-9, 16).
5.
The Commission's legal authority to apply the proposed clearance rule to light water power reactors (see memorandum for the Commission from Leonard Bickwit, Jr.,
cited 'bove, at pp. 11-14).
Leonard Bickwit, Jr.
General Counsel
Enclosures:
1.
Memo, 9/11/79, Bickwit to Commission 2.
Memos, 7/16 and 31/79, Shapar to Commission 3.
Transcript, Comm. mtg D
1261 011
.