ML19305E218
| ML19305E218 | |
| Person / Time | |
|---|---|
| Issue date: | 04/04/1980 |
| From: | Minogue R NRC OFFICE OF STANDARDS DEVELOPMENT |
| To: | |
| Shared Package | |
| ML19305E211 | List: |
| References | |
| TASK-CC, TASK-SE SECY-80-177, NUDOCS 8004230130 | |
| Download: ML19305E218 (3) | |
Text
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UNITED STATES April 4, 1980 WASHINGTON, D. C. 20555 SECY-80-177 l
l CONSENT CALENDAR ITEM I
For:
The Commissioners From:
Robert B. Minogue, Director Office of Stand rds Development k
Thru:
Acting Executive Director for Operations P
Subject:
ADVANCE NOTICE OF RULEMAKING ON TECHNICAL CRITERIA FOR REGULATING GE0 LOGIC DISPOSAL OF HIGH LEVEL RADI0 ACTIVE WASTES, 10 CFR PART 60.
Category:
This paper relates to a major policy area.
The resource estimates are preliminary.
Purpose:
To seek Commission approval to publish in the Federal Register an Advance Notice of Rulemaking on Technical Criteria for Regulating Geologic Disposal of High-Level Radioactive Wastes, 10 CFR Part 60.
Background:
In November of 1979 the Commission approved publication for comment of proposed procedures for licensing geologic disposal of HLW (10 CFR Part 60).
In so doing the Commission acknowledged that while many questions and uncertainties surrounded the details of the technical criteria, the technology and scientific principles of geologic disposal of HLW were sufficiently well understood to permit rule-making in the matter of licensing procedures.
In the course of con-tinuing work on the development of the HLW technical criteria the staff has been able to identify key questions and issues related to the development of such technical criteria.
These key questions and issues as well as the staff's views and thinking en them are the subject of the Advance Notice of Rulemaking found in Enclosure "A".
Discussion:
This ANR initiates a more formal phase of the rulemaking process and seeks to broaden public participation and comment in that process.
l The formative work on the technical criteria has been conducted in a highly public manner.
Numerous drafts of the technical criteria have been prepared by the licensing staff and widely circulated to interestedj agencies, groups, and individuals to obtain input.
These drafts started with a fairly diffuse set of principles and ideas and have evolved with an increasing concreteness through 14 staff drafts.
Not all groups and individuals have participated in each of the successive drafts.
For example, the October 1979, review by the Keystone Radio-active Waste Management Discussion Group was based on draft 7 and focused mainly on the broad performance objectives and general approach.
The detailed technical workshop hosted by the University of Arizona in January 1980 focused on the earth science and engineering criteria which by that time had been included in draft 10.
Otner l
Federal agencies and groups which have been involved in one or more of the drafts include DOE, EPA, USGS, NRDC, Atomic Industrial Forum, Bureau of Mines, and a host of individual scientists, engineers, j
l and public interest groups.
The staff now believes that it's time
Contact:
e I
F. A. Costanzi 800 230l um.
i
o The Commissioners 2
to pull all of this interaction together and make visible to everyone the results of all of this work, and specifically, where we are today.
The staff has considered the alternative of making the draft tech-nical criteria available in the form of a NUREG document.
- However, on balance, even though an explanation of the intent and basis is not yet available, the staff believes that including the technical criteria in the Federal Register notice is the more effective way to:
(1) provide the best thinking presently available to assist DOE in its efforts to meet the President's schedule; (2) provide greater visibility to what has been so far accomplished; and (3) seek even broader public input to the development of the technical criteria.
l r
Resource Estimate:
Issuance of the ANR is not expected to have any incremental impact on NRC resources.
The bulk of staff effort in this area will continue to be the development of the HLW technical criteria.
It is expected that any staff time spent in revising and responding to comments on the ANR would be saved in the review and response to comments received when the technical criteria are published for comment as proposed rulemaking because the relevant issues and questions raised with the ANR likely will not need to be raised again.
Recommendation:
~ That the Commission:
Approve the publication of an Advance Notice of Rulemaking in the Federal Register seeking public comment on issues and questions relating to development of technical criteria for the regulation of disposal of HLW.
Note that to stimulate discussion and comment the latest draft of HLW technical criteria is to be included in the Federal Register notice.
Note that the comment period will be 60 days.
Note that the appropriate Congressional committees will be informed.
I Note that a value/ impact assessment is attached as Enclosure "B".
i Note that a public announcement will be prepared.
i Coordination:
The Office of Nuclear Material Safety and Safeguards concursin the recommendation of this paper.
The Executive Legal Director has no legal objection.
l Scheduling:
This paper is scheduled for a briefing on April 10, 1980.
j 1
M.
M48 Robert B. Minogue, Director l
Office of Standards Development
Enclosures:
)
"A" - Advance Notice of Rulemaking "B" - Value/ Impact Assessment
a l Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Monday, April 21, 1980.
l Commission Staff Office comments, if any, should be submitted to the Commissioners NLT l
April 14, 1980, with an information copy to the Office of the Secretsry.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised cf when comments may be expected.:
This paper is tentatively scheduled for affirmation at an Open Meeting during the Week of April 28, 1980.
Please refer to the appropriate Weekly Commission Schedule, when published,'for a specific date and time.
DISTRIBUTION Commissioners t
Commission Staff Offices i
Exec Dir for Operations ACRS Secretariat j
i 6
i l
l l
B ENCLOSURE A t
L e M e Moltlnii
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