ML19318A274
| ML19318A274 | |
| Person / Time | |
|---|---|
| Issue date: | 03/31/1980 |
| From: | Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML19318A275 | List: |
| References | |
| TASK-CA, TASK-SE SECY-80-169, NUDOCS 8006190127 | |
| Download: ML19318A274 (4) | |
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March 31, 1980 SECY-80-169 COMMISSIONER ACTION For:
The Commissioners From:
Leonard Bickwit, Jr.
General Counsel
Subject:
ACRS PARTICIPATION IN RULEMAKING
Purpose:
To propose procedures for ACRS involvsment in NRC rulemaking activities.
Discussion:
In January this office was requested to develop in consultation with the ACRS, procedures for ACRS participation in NRC rule, making activities.
The procedures proposed below were reviewed and approved by the Committee at its 237th meeting in February.
They cover: ( 1 ). Initiation of rulemaking by the ACRS, (2) ACRS participation in the development of rules, and (3) ACRS participation in rulemaking hearings.
The effect of the Commission's recent decision to delegate substantial rulemaking authority to the Office of Standards Development will be noted below.
z 1.
Initiation of Rulemaking In its advisory role, the ACRS may recommend that the Commission initiate rulemaking in a oarticular area.
The new procedure would provide that the Commission will respond in writing to such ACRS recommendations within 30 days, noting its intent to implement, study or defer action.
In the event the Commission decides to decline or to defer action on the recommendation it will explain its reasons for this action.. Both the ACRS recommendation and the Commission's response would be available to the public, and placed in the public document room.
Such a response
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would be concistent with the recommendations of the President's Commission on TMI to involve the ACRS more directly in the rule-making process and provide more definitive commission reaction to the advice of the Committee.
2.
ACRS Participation in dae Development of Rules ACRS comments on proposed rules could be provided to the NRC staff at a number of stages in the rulemaking process.
Where no hearing will be held, the ACRS could offer comments (1) prior to publication of the proposed rule for comment, ( 2 ) duri'ng the public comment period, (3) after public comments have been received, and (4) after public comments have been received and J
incorporated into the proposed rule, but prior to its final publication.
Where a hearing is to be held, the ACRS could also comment prior to Ehe hearing, at an appropriate phase j
during dhe hearing, or after the hear,ing but prior to publication of the final rule.
(See discussion below.)
In the Committee's view, a combination of these alternatives would be advisable.
(ACRS participation would vary depending on the importance of the rule, degree of public interest, prior committee participation in the subject of the rule, etc).
In no case, however, should ACRS input await the proposed final rule, i.e.,
after public comments and the hearing record (if any) have been incorporated into the rule.
At this i
late stage, (assuming no prior ACRS participation),
it would be difficult to consider substantial Committee comments 'without significantly delaying issuance of the rule.
For each rulemaking, the exact procedure to be followed should be selected by the NRC staff or by the Commission a appropriate, in each case with the concurrence of the Committee.
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For example, comments early in the process could be provided l
l by an ACRS subcommittee, and at a later stage by the full Committee.
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O The Commissioners
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Mus 7,CRS Participation in Rulemaking Hearings l
The ACRS believes that its collegial technical capacity can best be utilized by providing advice directly to the hearing board (or the Commission, as the case may be) in specifying issues to be considered at the hearing (rather l
than participating as parties in the hearing) or in evaluating the final rule following completion of the hearing and incorporation.
of public comments.
(This assumes, as noted above, dhat the Committee has had some earlier role in development of the proposed rule.)
The ' Committee acknowledges that its members may participate in hearings as private citizens, but urges dhat members not be subject to subpoena at the hearing.
As with the procedures outlined in (2) above, the method of ACRS participation in specific-hearings can be addressed on a case-by-case basis.
As one' specific example, the ACRS has recently agreed, 2/ and the Commission has concurred,3/
that in connection with the ongoing rulemaking regarding storage and disposal of nuclear wastes, the Committee will provide comments to the Commission after statements and cross-statements have been filed by the parties.
The Committees comments will be directed toward identification of those substantive issues needing further attention by the parties during subsequent phases of the proceeding.
- 4. Effect of Delegation to SD These proposed procedures would not be materially affected by the Commission's delegation of ruleraking powers to the Office of Standards Development.
It would become the responsibility of SD to ensure l
i dbat ACRS comments are received and addressed l
at appropriate stages in the development of rules, in consultation with the Committee.
l In regard to initiation of rulemaking, Committee l
recommendations could be transmitted by the j
Commission to SD for response, or could be S/
Letter from M. Plasset, ACRS, to J.
F. Ahearne, NRC dated January 15, 1980 (Attachment 1).
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Letter from John F.
Ehearne to M.
Plesset, ACRS dated January 29, 1980 (Attachment 2).
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dealt with directly by the Commission in cases involving non-delegated areas.
We believe that the concentration of rulemaking responsibility in SD will substantially increase the staff's ability to provide a coordinated interaction with the ACRS at all stages of the rulemaking process.
Recommendation:
We recommend that the Commission approve the general methods outlined above.
Upon Commission approval, we will work with the ACRS and ELD to develop necessary amendments to 10 CFR Parts 2, 7,
and 50.
Conforming changes to the NRC Manual can be made following approval of these rules amendments.
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Leonard Bickwit, Jr.
Genera'l Counsel Attachments :
1.
Ltr. from M.,Plesset, ACRS to J. Ahearne dtd 1/15/80.
2.
Ltr. from J. Ahearne to M. Plessot, ACRS dtd 1/2.9/80 Comissioners' coments should be provided directly to the office of the secretary by'c.o.b.
Monday, April 14, 1980.
r Comission Staff Office coments, if any, should be submitted to the Comissioners NtT April 7,1980, with an infonnation copy to the Office of the Secretary.
If the paper' is of such a nature that it requires additional time for analytical review and coment, the !
Comissioners and the Secretariat should be apprised of when coments may be expected.
DISTRIBUTION Comissioners Comission Staff Offices Exec Dir for Operations ACRS ASLBP ASLAP Secretariat-N
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