ML19262C385

Advises That Petition for Rulemaking Has Been Withdrawn in Response to .Fr Notice Encl

ML19262C385
Person / Time
Site:	Pennsylvania State University
Issue date:	12/20/1979
From:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Levine S PENNSYLVANIA STATE UNIV., UNIVERSITY PARK, PA
Shared Package
ML19262C386	List: ML19262C385 ML19262C387 ML19262C389
References
RULE-PRM-73-4 791020, NUDOCS 8002120105
Download: ML19262C385 (2)

Text

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OCT 2 e is -

Dr. Samuel H. Levine College of Engineering The Pennsylvania State University University Park, PA 16802

Dear Dr. Levine:

This is in reply to ycur letter of August 30, 1979, in which you request that the fiuclear Reg 0latory Comission withdraw your petition for rule making PP 1-73-4.

The petiticn for ruleraking has been withdrawn.

In your petition you requested that 10 CFR Part 73 be revised to exempt from the requirements of Part 73 special nuclear materials fuel in research reactor fuel elements which is not readily separated frca other radioactive material ana which has a total external radiation dose rate in excess of approximately 10 rems per hour at a distance of three feet.

Your letter states that the f1RC and other groups are researching this issue and therefore the need to continue rule making no longer exists.

You also state you hope this researdh "...will be integrated into the final rules regarding this problem."

The fluclear Regulatory Co' mission intends to centinue an evaluation of the a

radiation level needed for special nuclear material to be considered "self-protecting." Public coments on this matter will centinue to be welcome.

A notice of withdrawal, a copy of which is enclosed, is being published in the FEDERAL REGISTER.

Sincerely, h-r. r '-* n J. M. Felton, Director R&P RDG JMapes, ELD Division of Rules and Records R&P SUBJ SRamos,tiRR Office of Administration DMeyer KGoller, OSD

Enclosure:

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Federalk:;ister / Vol. 44. No. 20s / Tuesday. Oc..act 23. 1979 / Notices

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2 by the !!c:nsee. An Atomic Safety and received a let:ct from Dr. Samuel H.

IDocket No. 50-320]

Licensing Board (Board) was designated Levine. College ci Engmeenng. the Metropciltan Edison Co, et al. (Three to rule upon mtervention petitions and Pennsylvania State Uruversity, tiile Island Nuclear Station, Unit 2P mg requests for hearings." Die members of withdrawing his petition for rule making heconstitution of Atomic Safety and the Board are Mr. Glenn O. Enght. Dr.

PRM-734.

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%.Q, Richard F. Cole and Mr. Herbert By letter dated February 7 1979. Dr.

Notice is hereby given that,in gg Crossman, who will serve as Chairman Levine filed with the Commission a accordance with the authonty in 10 CFR of the Board.

petition for rule making to amend its 178-(a). the Chairman of the Atomic

• F*'q Pursuant to the provisions of10 CFR regulation " Physical Protection of Plants Safety and Licensing Appeal Panel has 7.751(a) the Boar' wiU conduct a special and Materials." 10 CFR Part 73. The reconstituted the Atomic Safety and gg F.--

prehearing conference beginning at 9 30 pecia1 ucl er req {ested 6 Licensing Appeal Board for this u.m. on November :0,1979, at R2 chard B.

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Russen Federal Building. L D. Strom operating license proceeding to consist not readily separable from other of the foDowing members:

D Auditonum. Lower Plaza. 75 Spring radioact2ve material and which has a Alan S. Rosenthal. Chairman: Dr. John FM Street. S.W Atlanta. Georgia 30303.The total external radiation dose rate in H. Buck, and Dr. W. Reed Johnson.

?M parties to this proceeding, or their kt$

respective counsel, are d:rected to excess of 0.4 rems per hour per gram of Dated: October 17* 1979*

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attend. At the special preheanng U-235 at a distance of three feet be

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conference in addition to considering exempt from the requirements of Part 73.

C. lean Bishop.

Qg the intervention petition. the parties The petitioner also proposed that the Secrewy to the A;pec1 Board.

should be prepared to discuss specific extemal dose rate requ:rement of 100 rn o*. N:sas rm:-re s.s.=1 IM issues that nught be censidered at an rems per hour at $ree feet in air be suo come tsm4ws evidentiary heanng and possible further reduced to 10 rems per hour at three feet schedu!=g in the proceeding.

in air.

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~he petitiener shall fue a supplement By letter dated August 30.1979. the c t Nm SM85 SM f

to the petition not later than15 days petitiener withdrew his petition fer rule Omaha Public Power District; M.o.c pncr to the special preheann8 making PRM-73-4 from further Establishment of Atomic Safety and conference which shcIl mckde a list of consideration by the Nuclear Regulatory L! censing Board To Preside in specific contentiens sought to be Commission and stated that "..I Proceeding

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.itigated in this proceedeg. Petitioner.

understand that be NRC staff and Pursuant to delegation by the thelicensee, and de staff are directed to members cf the reactorresearch Commission dated December :9.1972.

consult with each o6er pnar to dat ccmmunity are invest: gating 6is published in the Federal Register (37 FR QM time in ctder to attempt to arrive at problem and therefore there is no need 28"'10) and il 1105.1700. L"02.17R some agreement with regard to the to hold a formal hearing. It is hcped that 1714a. :.717 and :.7:1 of the I

licensee's asserted de5ciencies in the Ge efforts of de research reactor Commission's Regulations, all as petition and the contentions to be cc:r_..mity will be integrated into the a= ended an Atomic Safety and framed by petitioner.

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The pu'elic is invited to attend the final rules regarding this problem."

Licensing Board is being established in g

C -w preheanng conference.No orallimited The Nuclear Regulatory Com=ission the following proceedmg to rule on appearance state =ents will be per=itted intends to continue an evaluation of the petitions for leave to intervene and/or at $is conference. !! a hearmg is radiation level needed for special requests for hearing and to preside over granted. oppernmity for linuted nuclear material to be censidered "self-the proceeding in the event that a 3;

appearance ;tatements will be afforded protectmg." Public comments on this beanng is ordered.

. u" at subsecuent evidentiary heanngs near matter are welcome even though the Omaha Public Power District

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the site of the fac:lities. Writtcn limited petition for rule making has been appearance statements may be mailed formally withdrawn. All persons who (Fert Calhoun Staten. Umt No.1) Facillry y

to the Secretary of the Coc=ussion. U.S.

desire to submit wntten comments or Opunting License No. DPR-40 Nuclear Regulatory Commission, suggestiens on this subject may mail This action is in reference to an Order Washmgton. D.C. 20555 or presented to their comments to the Secretary of the published by the Commission on a

u the Board at de special preheanng Commission. U.S. Nuclear Regulatcry September 7.1979 in the Federal in conference or at any subsequent Commission. Washmgten. DC 00555.

Register (44 FR 5:389-90) entitled sessions of the evidentiary heanng.

Attention: Docketing and Service

" Omaha Public Power District: Proposed j*

By order of the Boari Atomic Safety and Branch.

Issuance of Amendment to Facility

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' Copics of the petition and theletter Operating License."

The Chairman cf this Board and her 1

Dated at Bethesda. Maryland this 17th day withdrawing the petition are available addnss is as foHows:

for public inspection and copying at the Tl Herbert Grossman.

Commission's Public Document Room.

Ehzabeth S. Bowers.Esq. Atomic Safety and L,censms Board Panel. Nuclear fg' E-cwfmco.

Dated at Wash:nren. DC this teth day of Regula tory Com=2s sion. Wa shingt en. D.C.

3 int on rw:nas r m :am o es ami October.19 9.

cc555.

.v-f For the Nuclear Regul story Com=ussioc.

The other members of the Board and

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IDocket No. PRW73-4]

J Secrescry of he Cc=mimon.

Mr. Emest E. HillIawrence Livermore Laboratory. University of California. P.O. Der

d. b Samuel H. Levine; Wlttsdrawat of in o +s:e.o rew.wm a.s..;

soa. m krnore. CaMoma m hM.. J Petition of Rule Making a w.ocooeraia w.

Dr. Quentm J. Siober. Fishenen Research h[4

.ff Notice is hereby given that the Insutuie. Umversity of Washinston. Seattle.

Nuclear Regulatory Commission has Washmgton 98195.

wd.

0948 191

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