ML19284B823
| ML19284B823 | |
| Person / Time | |
|---|---|
| Issue date: | 01/31/2020 |
| From: | John Tappert NRC/NMSS/DREFS |
| To: | Shadis R New England Coalition on Nuclear Pollution |
| Shepherd, Jill 301-415-1230 | |
| Shared Package | |
| ML19284B818 | List: |
| References | |
| Download: ML19284B823 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Raymond Shadis New England Coalition on Nuclear Pollution Post Office Box 76 Edgecomb, ME 04556
Dear Raymond Shadis:
This letter responds to your correspondence submitted on behalf of the New England Coalition on Nuclear Pollution to the U.S. Nuclear Regulatory Commission (NRC) dated October 9, 2019.1 In your correspondence, you requested that the NRC amend its regulations at Part 50, Domestic Licensing of Production and Utilization Facilities, of Title 10 of the Code of Federal Regulations (10 CFR). You contend that NRC should require recipients of transferred licenses who have not had substantial operating experience at the facility to submit a decommissioning plan for approval before performing major decommissioning activities.
The NRC has reviewed your request and has concluded that the information you provided does not meet the Commissions criteria for a petition for rulemaking under 10 CFR 2.802(c).
Specifically, your petition does not (1) present the specific problems or issues that should be addressed through rulemaking, including any specific circumstances in which the NRC's codified requirements are incorrect, incomplete, inadequate, or unnecessarily burdensome, as required by 10 CFR 2.802(c)(1)(iii); (2) cite, enclose, or reference publicly available technical, scientific, or other data or information to support your assertion of the identified problems or issues, as required by 10 CFR 2.802(c)(1)(iv); or (3) cite, enclose, or reference any other publicly available data or information to support your proposed solution, as required by 10 CFR 2.802(c)(1)(vii).
With respect to the first requirement, your petition does not acknowledge that NRC regulations in 10 CFR 50.80(b)(1)(i) and (c)(1) require an entity seeking a license transfer to be qualified to be a license holder, and you have not addressed those technical qualifications as described in 10 CFR 50.34(a)(9). In addition, NRC regulations provide an opportunity for a hearing in the current license transfer process. Thus, to the extent that your proposal is intended to restore levels of assurance of public health and safetyand environmental protection, your petition does not explain why the current requirements are deficient.
Second, your petition does not cite, enclose, or reference any publicly available data or information supporting your assertion of a problem or your proposed solution. You included the general statement that reliance in whole or in part on licensee operations experience informing both licensee and NRC decisions and/or actions in decommissioning is misplaced. However, you did not include specific citations to other publicly available data or studies relevant to the specific problem of newly transferred licensees decommissioning experience and qualifications.
1 Available in the NRCs Agencywide Documents Access and Management System (ADAMS) under Accession No. ML19284B820.
January 31, 2020
R. Shadis For the reasons discussed above, your October 9, 2019, petition does not satisfy the requirements of 10 CFR 2.802(c) and, therefore, cannot be docketed by the NRC, as provided for in 10 CFR 2.803(b). If you wish the NRC to consider your request that the agency amend its regulations, you must supplement your correspondence of October 9, 2019.
If you have any questions, please contact Cindy Bladey, Chief, Regulatory Analysis and Rulemaking Support Branch, Division of Rulemaking, Environmental, and Financial Support, Office of Nuclear Material Safety and Safeguards, by phone at 301-415-3280 (toll-free at 1-800-368-5642), or by e-mail at Cindy.Bladey@nrc.gov.
Sincerely,
/RA/
John R. Tappert, Director Division of Rulemaking, Environmental, and Financial Support, Office of Nuclear Material Safety and Safeguards
ML19284B818 (Package)
- concurrence by e-mail OFFICE NMSS/REFS/RASB/RT NMSS/REFS/RASB NMSS/REFS/RRPB OGC NAME J. Shepherd (Acting for, HC)
C. Bladey I. Berrios J. Gillespie DATE 1/8/2020*
1/8/20*
1/13/20*
1/28/20*
OFFICE D:NMSS/REFS NAME J. Tappert DATE 1/31/20