ML19296C134
| ML19296C134 | |
| Person / Time | |
|---|---|
| Issue date: | 12/21/1979 |
| From: | Minogue R NRC OFFICE OF STANDARDS DEVELOPMENT |
| To: | |
| Shared Package | |
| ML19296C119 | List: |
| References | |
| REF-10CFR9.7 SECY-79-662, NUDOCS 8002250262 | |
| Download: ML19296C134 (4) | |
Text
y 4-5 UNITED STATES Cece"'cer 12. 1979 NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555
$ECV-79-662 CONSENT CALENDAR ITEM For:
The Commissioners From:
Robert 3. Minogue, Director Office of Stancards Development Thru:
Executive Director for Ocerations Suoject:
PROPOSED RULE FOR GENERAL LICENSING OF CARRIERS OF IRRADIATED FUEL Purcose:
To obtain Commission approval to publish for comment proposed amend-ments to 10 CFR Part 70 that would issue a general license to carriers of irraciated reactor fuel.
Catecory:
This paper covers a minor issue requiring Ccmmission action.
Backgrouno:
By memorandum of May 25, 1979, the Commission requested that the
" staff consider mcdification of NRC rules so inat carriers can be licensed directly rather than the licensees (shippers)."
Discussion:
On June 15, 1979, effective amendments to 10 CFR oart 73 (Section 73.37) were published (44 FR 34466) that prescribed recuirements for the ::hysical protection of irradiated reactor fuel in transit.
Because Section 70.12 of 10 CFR Part 70 exempts carriers, freignt forwarders, warehousemen and the U.S. Postal Service from these regulations, the responsibility for complying with Section 73.37 rests with licensees (shiopers), even though physical possession of the. irradiated reactor fuel may be in the hands of others curing transit.
NRC has no legal basis to inspect carriers or to impose fines and penalties on them (or other unlicensed persons who possess irraciated fuel during transit) for noncompliance with the regulations.
Inspections are carried out by NRC, but are submitted to only on a voluntary basis on the part of the carrier.
A similar situation used to exist for the transportation of formula quantities of strategic special nuclear material (SSNM).
In this case, effective amencments to 10 CFR Part 70 were puolished en May 8, 1979 (44 FR 26850) that placed carriers directly under NRC regulatory control by virtue of a general license issued to persons who possess formula quantities of SSNM in transit.
The staff analysis that pro-vided the basis for these recent amendments was presented in SECY-78-3 (Enclosure A).
Basically, the analysis in SECY-78-3 is acolicaole to the present consideration of oringing domestic carriers of irradiateo reactor fuel directly under NRC requirements.
Accordingly, the staff recommends that the Commission : noose the alternative from SECY-78-8 (Alternative C) that would eliminate the existing exemotion in 10 CFR 70.12 for persons
Contact:
Stanley P.
Turel 443-5904 Rec'd Off. 200 D2te....c......$......o mr
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s The Commissioners 2
who possess irradiated reactor fuel subject to the requirements of s 73.37 of Part 73 and would issue a general license to such persons.
This action would provide the NRC direct regulatory control over all persons who possess irradiated reactor fuel during transit.
The new requirements would be applicable only to domestic shipments of irradi-ated reactor fuel (as defined in SECY-78-8).
Enclosure B sets forth the proposed amendments.
These actions would involve no new resource requirements.
Imolementation:
The proposed rule would be published for a 60-day comment period in the Federal Register.
After any comments received have been evaluated and appropriate revisions made to the proposed rule, a final rule would be published in the Federal Register to become effective 60 days after publication.
Recommendation:
That the Commission:
1.
Acorove the amendments set forth in Enclosure "B" for publication in proposed form in the Federal Register.
2.
Note that the appropriate Congressional committees will be noti-fied of this Commission action.
3.
Note that the value/ impact analysis (Enclosure "D") will be placed in the Public Document Room.
4 Note that neither an Environmental Impact Statement nor a Negative Declaration is required in accordance with 10 CFR 51.5(d)(3) because the proposed imendments are not significant from the standpoint of environmental impact.
5.
Note a public announcement such as Enclosure "C" will be issued wnen the amencments are filed with the Office of the Federal Register.
6.
Note thet Edlow International Company, by letter dated June 29, 1979, has filed with the NRC a petition for rulemaking to amend 10 CFR Parts 70 and 73 to provide physical security requirements for carriers of irradiated reactor fuel.
This rule change basi-cally fulfills the intent of the Edlow petition and the petitioner will be so informed.
Coordination:
The Of fices of Inspection and Enforcement, Nuclear Material Safety and Safeguards, and Nuclear Reactor Regulation and the Division of Rules and Records concur in the recommendations of this paper.
The Executive Legal Director has no legal objections.
The Draft Public Announcement has oeen prepared by the Office of Public Affairs.
4 The Commissioners 3
Scheduling:
For af firmation at an early > licy sescion.
(
Robe \\t B. > nogue, Director Of ficb of Standards Cevelopment
Enclosures:
"A" - SECY 78-8 "B"
- Federal Register Notice "C" - Public Announcement "D" - Value/ Impact Analysis Ccomissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Friday, January 4, 1980.
Cornission Staff Office comments, if any, should be submitted to the Commissioners MLT Cecember 26, 1978, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytica~.
eview and comment, the Commissioners and the Secretariat should be aoprised of when.:cmme,ts may be expected.
This paper is tentatively scheduled for affirmation at an Open Meeting during the Week of January la, 1920.
please refer to the apcrocriate Weekly Comnission Schedule, when published, for a specific date and time.
DISTRIBUTION Commissioners Ccmmission Staff Offices Exec Dir for Operations ACRS Secretariat
4 EMCLOSURE "A"
.