ML19296D661
| ML19296D661 | |
| Person / Time | |
|---|---|
| Issue date: | 01/24/1980 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Scott S NRC OFFICE OF ADMINISTRATION (ADM) |
| References | |
| RULE-PRM-000 NUDOCS 8003120713 | |
| Download: ML19296D661 (22) | |
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UNITED STATES SV,,,
NUCLEAR REGULATORY COMMISSION 3
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January 24, 1980
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ffEMORANDUM FOR: Steve Scott, Accessions Unit, Division of Technical Information and Document Control FR0ft:
J. ii. Felton, Director Division of Rules and Records Office of Administration
SUBJECT:
TRANSMITTAL OF QUARTERLY PETITIONS OF RULEMAKING REPORT Enclosed for transmittal to the Public Document Rocm is the quarterly report on petitions for rulemaking as of December 31, 1979. This report has been prepared in accordance with 10 CFR 5 2.802, and a notice will be published in the Federal Register soon announcing its availability in the Public Document Room for inspection and copying.
J. M.
elton, Director
)OfficeofAdministration Division of Rules and Records
Enclosure:
As stated
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NRC PETITIONS FOR RULEMAKING December 31, 1979 A. PETITIONS COMPLETED, OCTOBER - DECEMBER 1979 PRM Petitioner Number (FR Citation)
Subject Acticn 71-7 Non Destructive To revoke Appendix E, ' Qual-Comments by 8/14/78.
Thirty-Testing Manage-ity Assurance Criteria for nine comments were received.
ment Association, Shipping Packages for Radio-On 6/23/78 (43 FR 27174),
et al.
active Materials," to 10 CFR date of implementation of the (43 FR 25749, Part 71 and delay the effec-OA requirements of 10 CFR 6/14/78) tive date of implementaticq Part 71 was extended frcm of Acpendix E until a hear-7/1/78 to 1/1/79.
Denial ing can be conducted.
published in Federal Register 10/24/79 (44 FR 61274).
Task Leader:
R. J. Coda, 050.
73-4 Samuel H. Levine To amend Part 73 to exempt Comments by 9/11/79. Notice (44 FR 40987, from its requirements special of Withdrawal published in 7/13/79) nuclear material fuel in fuel the Federal Register 10/23/79 elements which is not readily (44 FR 61122).
separable from other radio-active material and which has Task Leader:
J. Prell, OSD a total external radiation dose rate in excess of 0.4 rems per hour per gram of U-235 at a distance of three feet.
. PRM Petitioner Number (FR Citation)
Subject Action 150-1 Chem-Nuclear To eliminate the paragraph Conments by 4/10/78.
No Systems, Inc.
that provides that persons comments were received, (43 FR 5442, engaging in activities in Notice of Denial published 2/8/78) non-Agreement States under a in Federal Register 12/11/79 general license not possess (44 FR 71488).
or use radioactive material for more than 180 days in Task Leader:
J. J. Henry, any calendar year.
The OSD.
petitioner states that this creates additional paperwork and expense and may in the future limit the perfomance of the firm's service to public utilities.
. B. PETITIONS INCORPORATED IN PROPOSED ROLES PRM Petitioner Number (FR Citatier.)
Subject Action 36-2 Carter-Wallace, To expand the scope of the Part 36 has since been Inc. (43 FR 45, general license in 136.21(b) deleted.
Incorporated in 1/3/78) to include certain byproduct proposed rule (Part 110) material contained in in-published 5/9/78, comments vitro diagnostic products by 6/23/78, extended to intended for clinical or lab-7/22/78.
Public comments oratory testing, and to in-have been received and clude export to Southern analyzed.
Rhodesia, Poland, Rumania, and any foreign country Task Leader:
M. Peterson, IP.
listed in 536.50, Schedule A, except certain designated countries.
40-21 Natural Resources To require uranium mill oper-Comments by 7/14/75, extended Defense Council, ators licensed by the Commis-to 8/28/75.
Commission Inc. (40 FR 20983, sion or by an Agreement State response to petition 5/14/75) to post a performance bond published 6/3/76--Commission that would cover the cost of determination to prepare stabilization and ultimate GEIS as basis for decision on disposal of uranium mill rule.
Regulations being tailings.
developed in close connection with GEIS will cover financial surety as well as technical requirements concerning tailings disposal. The draft GEIS was issued in 4/79.
Incorporated in proposed rules (parts 30, 40, 70, 150, and 170) published 8/24/79, comments by 10/24/79.
(cont. on p. 4)
, PRM Petitioner Number (FR Citation)
Subject Action 40-21 Approximately 100 letters cont.
containing an estimated 1,000 coments have been received.
Public hearings on the GEIS and proposed rule were held in Cenver, Colorado, and Albuquerque, New Mexico, in October 1979.
Task Leader: D. Harmon, 050 50-10 State of New To amend regulations in Ap-Comments by 7/5/74.
Six Jersey--Nuclear pendix E of 10 CFR Part 50 coments were received.
Energy Council to apply to Commission Original petition had four (39 FR 15900, licensees who are not other-parts.
The first part, on 5/6/74, and wise subject to Appendix E reactor personnel qualifica-39 FR 25535, and who receive, store, tion, has been witndrawn by 7/11/74).
possess, and/or distribute the petitioner.
The second large quantitias of radio-part, on health physics per-active materials; and to sonnel, was satisfied by eliminate the exclusion of regulatory guides (petitioner
" Class 9 accidents" frcm agrees).
An amendment to consideration in licensing Part 70 was publisF.ed on procedures involving new or 6/27/75, which resolved novel siting or design another part of the petition.
considerations.
Petitioner agreed that action on the fourth part, Class 5 accidents, should await completion of the liquid pathways study.
Incorporated in proposed rules (Parts 50 and 70), published 9/19/79, (cont. en p. 5)
. PRM Petitioner Number (FR Citation)
Subject Action 50-10 cont.
ccmments by 11/19/79.
Task Leader:
None presently assigned, OSD.
PPN Petitioner Num er (FR Citation)
Subject Action 71-1 Energy Research To exempt " low specific Comments by 11/25/75.
PRM's and Development activity material" from 71-1, 71-2,71-3 and 71-4 were Admins tra tion the packaging requirements consolidated into a single (40 FR 43517, of Part 71.
The petition rulemaking action to incorpo-9/22/75) from Diagnostics Isotopes rate internationally developed Corporation requests that IAEA transportation standards 71-2 American National the radionuclide lead-201 into the domestic regulations Standards Institute be included in Transport of both NRC and DOT.
Tne Committee N14 Group IV.
rulemaking action should (41 FR 15920, satisfy all four petitions, 4/15/76) which are similar.
Five comments were received, all 71-3 Diagnostics Iso-in support of the petitions.
topes Corporation Incorporated in proposed rule (41 FR 50359, published 8/17/79.
Comments 11/15/76) by 10/18/79, comment period extended to 12/17/79.
71-4 Chem-Nuclear Sys-tems, Inc.
Task Leader:
- 0. R. Hopkins, (42 FR 5149, OSD.
1/27/77)
. C. PETITIONS PENDING STAFF REVIEW PRM Petitioner NUMBER (FR Citation)
. Subject Action 2-5 State of New To conduct a joint proceeding Coments by 1/29/79; extended Hampshire with the Council on Environ-to 2/28/79.
Eleven coments (43 FR 56110, mental Quality, Environmental were received.
11/30/78)
Protection Agency, Secretary of the Army, Secretary of Task Leader:
J. Mapes, ELD.
the Interior, Secretary of State, and Secretary of Transportation, to adopt rules designed to achieve efficiency in the grant or denial of all licenses required for the construc-tion and operation of nuclear power facilities.
2-6 Eckert, Seamans, To prescribe time periods Comments by 4/6/79.
Four Cherin & Mellott for completion of licensing comments have been received.
(44 FR 6994, review by the Comission's 2/5/79).
staff and Atomic Safety Task Leader:
M. Fleishman, and Licensing Boards.
OSD.
2-7 Wells Eddleman To clarify 12.714 to explicit-Coments by 4/9/79.
Four (44 FR 8043,
'y allow a person newly coments have been received.
2/8/79) arrived in the vicinity of a nuclear power plant site, or Task Leader:
M. Staenberg, an organization legitimately ELD.
formed after the closing date
. PRN Petitioner Mumber (FR Citation)
Subject Action 2-7 for intervention petitions, to cont.
petition with good cause to intervene.
2-8 Union of Concerned To require that all proposed Comments by 8/6/79.
Scientists and regulations be preceded by Natural Resources an advance notice of intent, Task Leader:
M. Staenberg, Defense Council, and that staff proposals for ELD.
Inc. (44 FR 32489, regulations be treated no 6/6/79) differently from those generated by the public.
2-9 Cincinnati Gas To add a new 12.718a to Comments by 11/13/79.
Cne and Electric Co.,
10 CFR Part 2, to eliminate coment received, et al.
the " Prairie Island Rule" (44 FR 53114, and provide special rules Task Leader:
M. Staenberg, 9/12/79) for the conduct of evidenti-ELD.
ary hearings.
20-6 Natural Resources To amend radiation protection Comments by 2/12/76.
Sixty Defense Council, standards as they apply to comments were received, fifty-Inc. (40 the maximum permissible six of which were in opposi-(40 FR 50327, whole body dose equivalent tion to the petition. A 10/29/75).
for occupational exposure, supplement to the petition was submitted by NRDC on 11/4/77, prior to Comission decision, requesting consi-deration of recent epidemio-logical studies.
This issue will be included in the
. hearing on occupational radiation protection to be jointly sponsored by EPA, NRC, and OSHA.
Hearing format,
~9' PfUi Petitioner flumber (FR Citation)
Subjcet Action 20-6 schedulc, and scope is being cdnt.
worked out with these agencies.
Advance notice of public hearings published by EPA on 9/17/79 (44 FR 53785).
Task Leader:
J. M. Bell, OSD.
20-6A Rosalie Bertell To amend NRC standards for Comments by 10/20/78.
Four (43 FR 37018, protection against radiation coninents received, one favorina 8/21/78) as they apply to the maximum and three opoosing the petition, whole body dose equivalent Staff met with Dr. Bertell on for occupational exposures 11/6/78 to discuss her views.
to ionizing radiation.
The joint hearing referred to under PRM-20-6 will include consideration of this petition.
Advance notice of hearing published by EPA on 9/17/79 (44 FR 53785).
Task Leader:
J. M. Bell, OSD
. PRM Petitioner Number (FR Citat'on)
Subject Action 20-7 Natural Resources To adopt interim regulations Notice of Partial Denial Defense Council, setting standards for shallow published in the Federal Inc. (41 FR 41759, land disposal of low-level Register on 7/25/79 (44 FR 9/23/76) radioactive wastes.
43541).
Although staff con-cluded that immediate imple-mentation of interim regula-tions is not warranted, the issues and points raised in the petition and in the petitioner's proposed GEIS outline are being considered by NRC staff as input to their development of waste management regulations and supporting environmental impact stataments.
Task Leadar:
G. Roles, NMSS 20-10 Citizens United To require that all abnormal Comments by 3/27/78. Twenty-for Responsible incidents be reported imT.edi-seven ccmments were received.
Energy (43 FR 3448, ately (within 1/2 hour) to 1/25/78) the Director of the appro-Task Leader:
J. Hickey, 050, priate NRC Inspection and Enforcement Regional Office.
-II-PM Petitioner
'lua.b e r (FR Citation)
Subject Action 20-13 Victor E. Anderson To require that health physi-Coments by 4/30/79, extended (44 FR 11284, cists be certified 5y the to 5/30/79.
Fi f ty-eight 2/28/79)
Comission.
ccments received.
Fifty-two comments oppose the petition.
Analysis of coments is being prepared.
Task Leader:
J. M. Bell, 050.
30-55 State of New Jer-To establish, for facilities Coments by 10/11/77.
Six sey, Department using byproduct materials comments received. Task of Environmental from man-made fission Protection reactions, (a) criteria to Task Leader:
R. Grill, OSD.
(42 FR 40791, quantify the ALARA emission 8/11/77) reductionpolicy,(b) siting criteria, and (c) require-ments for offsite environ-mental surveillance programs.
PRM Petitioner Number (FR Citation)_
Subject Action 30-56 Gulf Nuclear, Inc.
To divide the NRC into two Comments by 7/16/79.
Eleven (44 FR 28896, entities, one dealing with comments received.
5/17/79) power reactors, uranium mining, and other areas Task Leader:
J. Henry, 050.
dealing with fissile material; the second dealing only with byproduct materials.
34-2 Non Destructive To amend NRC regulations to Comments by 10/3/78.
Eleven Testing Manage-provide for registration, comments have been received.
ment Association licensing, and control of Task Leader:
S. McGuire, 050.
(43 FR 34563, individual radiographers.
8/4/78) 35-1 George V. Taplin, To amend NRC regulations to Ccmments by 7/6/79.
(44 FR 26317, rescind the requirements Sixty comments received, all 5/7/79) that physicians must use an in favor of the petition, approved radiopharmaceutical Commenters favor the use of strictly in accord with the radiopharmaceuticals for nor,-
manufacturers' package approved purposes.
insert.
Task Leader: E. Podolak, OSD PRM Petitioner ttumber (FR Citation)
Subject Action 40-22 Defense Security To add a new section 40.23 Comments by 12/4/79.
One Assistance Agency to 10 CFR Part 40 to provide comment received.
(44 FR 57540, a general license authorizing 10/5/79) 000 to export to any author-Task Leader:
M. Peterson, IP.
ized country pursuant to the Arms Export control Act or the Foreign Assistance Act of 1961 depleted uranium in munitions penetrators, pro-vided DOS approves pursuant to either Act.
50-17 Boston Edison To amend Parts 2 and 50 with Comments by 8/13/76.
Eleven Company, et al.
respect to the issuance of comments received. Task (41 FR 24006, amendments to operating placed in " hold" status on 6/14/76) licenses for production and 2/3/78 pending action on utilization facilities.
proposed legislation, " Nuclear Under requested changes Sitino and Licensing Act of criteria would be specified 1978." Task was reactivated for determining when a on 11/28/78, proposed amendment to an operating license involus Task Leader:
W. E. Campbell, no "significant hazards con-OSD.
siderations" and could thus be issued without prior public notice or hearing.
~I4-PPJ4 Petitioner Number (FR Citation)_
Subj ec_t_
Action 50-20 Free Environment, To amend 10 CFR Part 50 Comrnents by 7/18/77. Three Inc.,et al.
before proceeding with any comments were received.
(42 FR 25785, processing of license appli-Items (1) through (3) were 5/19/77) cations for the Central Iowa incorporated in action on Nuclear Project to require P RM-50-19.
Item (3) denial that:
(1) nuclear reacters published 2/2/78 (43 FR 4466);
be located below ground Items (1) and (2) denial pub-level; (2) nuclear reactors lished 4/19/78 ( 43 FR 16556).
be housed in sealed build-Work on Item (4) has been sus-ings, within which permanent pended pending Commission heavy vacuums are maintained; decision on the Siting Policy (3) a full-time Federal Task Force report and on PRM-employee with full authority 100-2, which pertains to a to order the plant to be related subject.
shut down in case of any operational abnormality al-Task Leader: OSD.
ways be present in a nuclear generating station; and (4) the Central Iowa Nuclear Pro-ject and other reactors be sited at least 40 miles from major population centers.
. PPN Petitioner Number (FR Citation)
Subject Action 50-21 Northern States To include plant security in-Comments by 9/19/77. Twelve Power Company formation within the defini-comments were received, all and Wisconsin tion of Restricted Data or endorsing the petition.
Electric Power National Security Informa-Pending legislation to amend Company (42 FR tion,so as to extend the the Atomic Energy Act of 1954, (42 FR 37458, protections of 10 CFR Part 2 as amended, would provide for 7/21/77) to such information.
the protection from unauthor-ized disclosure of safeguards information, and would, in effect, be a grant of the petition.
Task Leader:
L. C. Solem, OSD.
50-22 Public Interest To require plant operators to Comments by 10/7/77, extended Research Group, post bonds, to be held in to 11/4/77, further extended et al.,
escrew, prior to each plant's to 1/3/78.
S i x ty-two. l ette rs (42 FR 40063, operation, to insure that were received commenting cn 8/8/771 funds will be available for the petition.
Notice of proper and adequate isola-Partial Denial of petition tion of radioactive material published in Federal Register upon each plant's decom-6/22/79 (44 FR 36523).
missioning.
Remaining portion incorporated into Advance Notice of Pro-posed Rulemaking on Decom-missioning Criteria for Nuclear Facilities, Dublished 3/13/78 (43 FR 10370).
Task Leader for decommission, ing rule:
D. Calkins, 050.
PRM Petitioner Number (FR Citation)
Subject Action 50-23 Critical Mass To renew and supplement a Coments by 8/6/79.
Petition Energy Project, petition on evacuation being considered in conjunc-et al.
plans submitted to the NRC tion with staff analysis of (44 FR 32486, by PIRG and 30 other citizen emergency planning rule changes.
6/6/79) groups on August 6, 1975, Received two coments.
and denied by NRC on 6/7/77.
Task Leader:
M. Jamgochian, 050.
50-24 John F. Doherty To establish procedures Comments by 10/1/79. One (44 FR 47997, whereby the Commission would comment was received, (8/16/79) inform all holders of Class expressing the view that a 103 licenses of any announce-rule or regulation is not ment by any Federal agency required inasmuch as the NRC or department of " predicted already has the necessary or expected falling objects authority to order shutdown, from earth orbit'of that and that such events would be department or agency's infrequent.
responsibility or a foreign nation's."
Task Leader:
W. Gamill,
NRR.
51-1 New England To amend Table S-3, "Sumary Coments by 3/13/76, extended Coalition on of environmental considert -
to 4/26/76.
Ten coments Nuclear Pollution tions for uranium fuel cycle," were received.
Partial denial (41 FR 2448, and accompanying text.
published 4/14/78.
(43 FR 1/16/76) 15613).
Remaining action deferred pending a future rulemaking proceeding to amend
PRM Petitioner Number (FR Citation)
Subject Action 51-1 the value for radon in cont.
Table S-3.
Task Leader:
ELD 51-4 Boston Edison To limit the scope of the en-Comments by 5/8/78.
Eleven Company, et al.
vironmental review conducted comments were received.
(43 FR 9542, for section 103 applicants 3/8/78) at the operating license Task Leader:
S. Lee, OSD.
stage to those matters of environmental significance which have not been resolved in the environmental review conducted at the construc-tion permit stage.
51-5 States of New York, To amend 10 CFR 51.20(e),
Comments by 1/14/80.
Chio and Wisconsin Table S-3, to include dollar Petition jointly assigned (44 FR 65598, value impacts to acccunt for to NMSS and SD, with NtiSS 11/14/79) the commitment of economic having primary responsibil-resources necessitated by ity.
the varicus nuclear waste management activities Task Leader:
T. R. Workinger, involved in the uranium NMSS.
fuel cycle.
PPfi Petitioner Number (FR Citation)
Subject Action 70-6 Eberline Instru-To approve air transport of Coments by 10/17/77.
One ment Corporation calibration or reference comment was received.
To be (42 FR 41675, sources containing not handled in conjunction with a 8/18/77) more than 5 microcuries of staff-initiated rulemaking pl utonium, action to implement Pub. L.
94-79.
This law prohibits air transport of plutonium until NRC certifies to Congress that a crash-prcof container has been developed.
The rulemaking will consider, among other things, whether under Public Law 94-79 the Comission may authorize air shipment of small quantities of plutonium in a package other than an approved container, and if so, what regulatory requirements should apply to such shipments.
Task Leader:
A. N. Tse, OSD.
71-6 Critical Mass To impose the following Comments by 1/20/78.
Fo rty Energy Project, conditions on licensees:
comments were received.
In-et al.
(1) the use of special routes formed petitioner on 6/7/78 (42 FR 61089, for transportation of radio-that NRC staff is delaying ac-12/1/77) active materials; (2) adop-tion on petition until NRC/ DOT tion of emergency plans for special study on Package transportation accidents; Requirement and Emergency
. PRM Petitioner Number (FR Citation)
Subject Action 71-6 (3) assumption by licensees Response (requested by Con-
- cont, of financial responsioility gressman Wirth) is completed.
for shipping accidents; and (4) a plan far informing Task Leader:
A. N. Tse, OSD.
drivers of the nature of their cargo and emergency actions to be taken in case of acci-dent.
73-2 Wisconsin Electric To eliminate the requirements Comments by 10/17/77. Approx-Power Company, for " pat-down" physical imately 100 letters were et al.
search of individuals received - about 805 from (42 FR 46431, entering a protected area.
utilities, agreeing with peti-9/15/77) tiener; and about 205 from others, most of whom disagreed with petitioner. The Com-mission decided to delay implementation of certain complementary and alternative measures for protection agains t the insider threat.
Letters were sent to the petitioner informing him of these delays (SECY-79-59,79-59A,and 79-598). The date has new been extended to 11/80.
Task Leader:
T. Michaels, OSD.
. PRM Petitioner Number (FR Citation)
Subject Action 73-3 KMC, Inc., et al.
Toamend575.55toincludea Comments by 9/8/78. No (43 FR 29635, statement that meeting the Comments received.
Petitioner 7/10/78) specific requirements for notified on 11/6/78 that physical protection of action on the petition will licensed activities in be delayed until implementa-nuclear pcwer reactors tion of %73.55 is completed.
against individual sabotage normally will satisfy the Task Leader:
T. Michaels, performance requirement for OSD.
physical protection at nuclear power plants.
73-5 Edlcw Internation-To amend " Domestic Licensing Com ents by 10/15/79.
One al Co.
comment reserving the right (44 FR 47998, 10 CFR Part 70, and " Physical to comment further on this 8/16/79)
Protection of Plants and subject at a later date was Materials," 10 CFR Part 73, received.
to make the new Part 73 phy-sical security requirement Task Leader:
T. Michaels, during transport of spent OSD.
fuel shipments " consistent with the philosophical approach applied to shipment of SSNM in other forms."
... PRM Petitioner Number (FR Citation)
Subject Action 100-2 Public Interest To set numerical limits on Comments by 8/30/76.
Twelve Pesearch Group, allowable population density comments received.
A staff et al.
around nuclear reactor sites, pacer (SECY-78-624) was (41 FR 27141, submitted to the Commission 7/1/76) 12/4/78. The Commission, by memo to EDO dated 2/15/79, deferred action pending sub-mission of Siting Policy Task Force report.
Petitioner was notified of deferral by memo dated 3/9/79.
Task Leader:
E. Conti, OSD.
140-1 Put'lic Citizen To find, pursuant to the Comments by 10/29/79.
One Lit'gation Grcup procedures and criteria in comment received.
and Critical Mass Subpart E of 10 CFR Part 140, Energy Project that the nuclear accident at Task Leader:
H. Peterson, (44 FR 50419, the Three Mile Island, Unit OSD.
8/28/79) 2 nuclear power plant consti-tutes an " extraordinary nuclear occurrence" (ENO),
to amend Subpart E to make less stringent the criteria used for determing that an EN0 has occurred.