ML19295C450
| ML19295C450 | |
| Person / Time | |
|---|---|
| Issue date: | 02/11/1980 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Fouchard J, Fraley R, Kammerer C Advisory Committee on Reactor Safeguards, NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA), NRC OFFICE OF PUBLIC AFFAIRS (OPA) |
| References | |
| FOIA-81-303, REF-10CFR9.7 SECY-79-283, SECY-79-636, SECY-80-028, SECY-80-28, NUDOCS 8010230147 | |
| Download: ML19295C450 (5) | |
Text
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UNITED STATES
[h gtT g NUCLEAR REGULATORY COMMISSION WASHIN GTON, D.C. 20555
'% [g February 11, 1980 OFFICE OF THE SECRETARY MEMORANDUM FOR:
Raymond F. Fraley, Exec Director, ACRS Joseph J. Fouchard, Director, OPA Carlton C. Kammerer, Director, OCA William J. Dircks, Acting FROM:
SamuelJ.Chilk,Secretarl/
SUBJECT:
STAFF REQUIREMENTS - AFF RM/{ ON SESSION 80-5, 4:50 P.M.,
7,198(0, 50MMISSIONERS' CONFERENCE ROOM, THURSDAY, FEBRUARY D. C. OFFICE (OPEN TO PUBLIC ATTENDANCE)
I.
SECY-79-661 - Employee Protection for Individuals that Provide Information to NRC (CONSENT CALENDAR ITEM)
The Commission, by a vote of A-0*:
1.
approved the preparation of a joint NRC/DCL Memorandum of Understanding to implement Alternative 2 of the paper.
The nature of the role NRC should play in these matters should be worked out with DOL and formalized in the MOU, and I&E should be heavily involved in the definition of NRC's role.
Staff should give further consideration to developing a policy on intervention in DOL proceedings to protect NRC interests in the outcome of these proceedings.
In the latter regard, the staff should develop criteria and/or a statement of policy for whether or not it will take enforcement measures after an affirmative DOL finding of the question of discrimination against a complaining whistleblower or after a settlement or negative finding by DOL.
The Commission requests that these issues and other similar questions be resolved in the context of developing the MOU (See Enclosure 4, point #1 of the paper)
(ELD /IE) (SECY Suspense:
4/1/80) 2.
approved the Notice of Proposed Rulemaking to implement Alternatives 4 and 5 of the paper.
This Notice will be published in the Federal Register for a 60-day comment period.
(SD) (SECY Suspense: 2/25/80)
The Coninission requested:
3.
that the MOU and the Federal Register Notice be distributed, when signed, to licensees, permittees, and applicants, and those defined in NRC Manual Appendix 3203 as public interest groups, labor organizations, service organizations, and directors of Agreement State radiation control programs; (ADM) (SECY Suspense: 2/29/80) 4.
that a public announcement be issued when the Notice is filed with the Office of the Federal Register; (0PA) (SECY Suspense: 2/25/80)
In addition, a public announcement will be prepared prior to filing the M0V with the Office of the Federal Register; (0PA) 5.
that appropriate Congressional Committees be informed of this (0CA) (SECY Suspense: 2/25/80) 8 0 1 0 2 3 $ acti n by letter.
- Although not in attendance, Commissioner Gilinsky had previously indicated his approval of this item.
}
. In his approval, Commissioner Bradford had the following comment:
" Staff should, in reviewing the comments, keep in mind the need for a posting requirement adequate to assure that employees (including subcontractor employees) are adequately informed of thsir rights and of the need to exercise them within 30 days."
II.
SECY-80 Re-Aopointment of ACRS Member (CONSENT CALENDAR ITEM)
The Commission, by a vote of 4-0*:
1.
approved the re-appointment of Mr. Ebersole for a second four-year term.
The Commission requested that a letter informing Mr. Ebersole of his re-appointment be prepared for the signature of the Chairman.
(ACRS) (SECY Suspense: 2/11/80)
III. SECY-79-283 - Export of Certain Minor Quantities of Nuclear Material (CONSENT CALENDAR ITEM)
The Commission, by a vote of 3-l**:
1.
approved the proposed Amendments to Part 110 for publication in the Federal Register, including the following revision:
Section 110.23(a)(1) should be modified to read as follows: "1 kilogram or less per shipment of unirradiated thorium or uranium other than special nuclear material..."
These amendments will become effective thirty days after publication.
(IP)
(SECY Suspense: 2/28/80)
In taking this action, the Commission agreed that the exemption of exports of (1) plutonium 238; (2) up to three grams of other special nuclear r'aterial; and (3) 100 grams or less of special nuclear material which is diluted so that it is no longer usable for any nuclear activity relevant from the point of view of safeguards and is practically irrecoverable, from the requirement for an Agreement for Cooperation would not be inimical to the common defense and security and would not constitute an unreasonable risk to the health and safety of the public.
- Although not in attendance, Commissioner Gilinsky had previously indicated his approval of this item.
- Commissioner Gilinsk.
although not in attendance, had previously concurred in this item.
In his ccacurrence, Commissioner Gilinsky would have preferred that depleted uranium for export be handled through the issuance of a specific license, as is the case with source material.
Commissioner Bradford, although non-concurring in the paper, would have concurred in this view.
, The Commission requested that:
2.
A public announcement be issued upon publication of the amendr.ents in the Federal Register; (OPA) (SECY Suspense: 2/28/80) 3.
Appropriate Congressional committees be informed of this action, and be provided copies of Enclousre D of the paper, OGC's 9/24/79 memorandum, and the OGC/ ELD 12/7/79 memorandum; (OCA)
(SECY Suspense: 2/15/80) 4.
If SNM for nuclear end uses is to be sent to a non-NPT country under a specific license, but not under an Agreement for Cooperation, the staff is to receive assurances from the recipient government on criterion two and criterion four.
In addition, the staff is to receive assurances from the recipient government concerning the end use of the SNM. These assurances should be framed so as to exclude the possibility of nuclear explosive research and retransfers; (IP) 5.
Staff prepare a report for the Commission on the alternatives available for permitting export of americium-241 under a simplified procedure, taking into account non-proliferation concerns.
(ELD /IP)
(SECY Suspense: 3/7/80)
In his non-concurrence, Commissioner Bradford requested that the following be inserted in the Statement of Considerations:
" Commissioner Bradford non-concurred in the proposed amendments exempting -inor quantities from the Atomic Energy Act's Agreement for Cooperation requirement.
He believes that the amendments are probably illegal under the Atomic Energy Act and would not approve them without Congressional action.
Commissioner Bradford also non-concurred in the staff conclusion that general licenses could be exempted from the requirements of Section 128."
IV.
SECY-79-636 - Revision to Part 20 (COMMISSIONER ACTION ITEM)
The Commission *, by a vote of 4-0**:
1.
approved the proposed Notice soliciting comments on improvements to 10 CFR Part 20 for publication in the Federal Register, as revised by the following:
a.
delete the word "very" in the third line on page 3 of Enclosure E, b.
In place of the second pa agraph on page 3 of Enclosure E, insert the following:
Although not in attendance, Commissioner Gilinsky had previously indicated his approval of this item.
- Commissioners Kennedy & Hendrie did not concur in the inclusion of the comments of the State of New York.
. For these reasons, the NRC is initiating a rulemaking proceeding for the purpose of modernizing its radiation protection standards.
It is expected that this rulemaking proceeding will be complex and controversial.
To provide for the earliest possible public participation in the development of proposed revisions, the NRC is seeking public comment and suggestions at this very early stage in the process.
In requesting public comments, the NRC recognizes that the EPA has responsibility for establishing Federal Radiation Guidance and generally applicable standards for the protection of the environment from radiation and radioactive materials, and is aware that EPA is actively developing new guidance and standards that would affect the provisions of NRC's radiation portection regulations which are derived from EPA guidance and standards.
During the consideration of revisions to fu radiation protection standards, NRC plans to work closely with the EPA to help ensure compatibility with forthcoming EPA guidance.
One of the goals in revising the NRC radiation protection standards is to structure them in a way that will facilitate compliance with future radiation protection guidance issued by the EPA.
As a separate matter, the Commission is considering petitions that have recommended the lowering of numerical limits for individual doses.
As part of the consideration of those petitions, it is anticipated that public hearings on the new EPA federal guidance for occupational exposures will be conducted jointly by EPA, NRC and OSHA in the near future (see 44 FR 53785) and numerical occupational dose limiting standards will be an issue covered at those hearings.
If, is a result of the EPA guidance, revised numerical standards for NRC licensees are indicated, they will be promulgated.
In the above context, public comments on the absolute numerical limits tilat should be established in the radiation protection standards for nuclear workers and the public are not solicited as part of this notice.
However, public comments are requested on the appropriateness of the specific items listed for individual doeses and on the completenets of areas identified for further improvement by the staff.
c.
the State of New York comments should be included in the Notice, except for those relating to sub items c.(6) and b.(2) on pages 6 and 8, respcctively, of Enclosure E,
< d.
on page 8, sub item a.(2), second sentence should be modified to read:
" Quanti'ative occupational ALARA guidelines should be established wherever possible for NRC licensed facilities."
the comment period should be 9'O days; e.
f.
Enclosure F should be revised to be consistent with revised Enclosure E.
(SD) (SECY Suspence: 2/29/80)
In his concurrence, Chairman Ahearne commented:
"Although I do not believe the other New York State and OSHA comments are appropriate for inclusion in the FRN, they should be addressed in the future during the development of a revised Iart 20."
V.
1/18/80 Memo:
Delegations of Authority in Exports and Related Areas The Commission, by a vote of 4-0*:
1.
approved a Notice for publication in the Federal Register amending 10 CFR 110.40(6), relating to Commission review procedures of NRC export license applications. (SECY)
(SECY Suspense: 2/11/80)
The Commission requested:
2.
that an unclassified implementing memorandum, be transmitted to the staff *;
(SECY) 3.
that a classified memorandum amplifying the implementing memorandum also be transmitted to the staff.
cc:
Chairman Ahearne Comnissioner Gilinsky Commissioner Kennedy Commissioner Hendrie Commissioner radford Commission Staff Offices
- Commissioners Gilinsky & Bradford in their approval, restated their positions that the Commission should review any license application determined by two Commissioners to warrant review by the Commission, and therefore non-concurred in part.