ML19295A141

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Advises of Intended Staff Action to Withhold Spent Fuel Route Info from Public Disclosure
ML19295A141
Person / Time
Issue date: 09/16/1980
From: Dircks W
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:
Shared Package
ML19295A142 List:
References
FOIA-80-635, TASK-IR, TASK-SE SECY-80-245B, NUDOCS 8009290510
Download: ML19295A141 (2)


Text

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UNITED STATES NUCLEAR REGULATORY COMMISSION Sectember 15, 1980 SECY-80-245B WASHINGTON, D. C. 20555 INFORMATION REPORT For:

The Commissioners From:

William J. Dircks, Director Office of Nuclear Material Safety and Safegua s g

Thru:

Acting Executive Director for Operations / W *

~

Subject:

SECY-80-245/245A WITHHOLDING 0F NRC SPENT FUEL ROUTE INFORMATION FROM PUBLIC DISCLOSURE Purcose:

To inform the Commission on an intended staff action.

Discussion:

As requested in the Secretary's memorandum of July 3,1980, the staff has reviewed its recommendation in SECY-80-245/245A in light of the Nuclear Regulatory Commission Authorization Act for Fiscal Year 1980 (P.L.96-295) which became law on June 30, 1980.

Public Law 96-295 includes provtsions that effectively preempt the alternatives recommended by the staff for the release of scent fuel shipment routing information.

Specifically, P.L.96-295, Section 207, states that "Nothing in this Act shall authorize the Commission to prohibit the public disclosure of infonnation pertaining to the routes and quantities of shipments of source material, by-product material, high level nuclear waste, or irradiated reactor fuel"; and Section 301 requires that the NRC assure that timely notification is provided to state governors prior to the transport of nuclear waste, including spent fuel, through or across their respective states.

Staff's original recommendation was to publish periodically NUREG reports containing maps of only the interstate highway segments of such routes.

Nothing in P.L.96-295 precludes Fhis but in fact precludes any other alternative.

Staff action currently underway will result in periodic NUREG reports con-sisting of maps of the United States showing approved spent fuel routes, the quantities of shipments made over these routes, and an introductory statement to distinguish between the safety and safeguards aspects of these shipments.

Preliminary versions of these reports will be sent to governors' offices and will form the basis for FOIA responses.

Shipment-specific routes,

Contact:

Tom R. Allen, SGRI 42-74181 8009290510

-4 The Commissioners schedules, and security details will continue to be withheld from public dis'colsure.

The staff will implement this program in the near future.

In regard to P.L.96-295, Section 301, which deals with notification of state governors, detailed procedures and appropriate regulatory amendments are being developed for Commission consideration by a separate staff action.

In summary, since review of the FY80 Authorization Bill requires disclosure, staff proposed to make that disclosure along the lines of alternative 3 of SECY-80-245 without further discussion by the Commission since no other option exists.

In regard to the additional requirement to notify state governors, a paper will be provided to the Commission shortly.

Coordination:

The Office of the Executive Legal Director has no legal objection to the intended course of action.

The Office of State Programs concurs in this paper.

L..e Cw

-2 William J. Dircks, Director Office of Nuclear Material Safety and Safeguards DISTRIBUTION Commissioners Commission Staff Offices Exec Dir for Operations ACRS Secretariat 6