ML19320B379
| ML19320B379 | |
| Person / Time | |
|---|---|
| Issue date: | 03/31/1980 |
| From: | Stoiber C NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| References | |
| TASK-CA, TASK-SE SECY-80-171, NUDOCS 8007100264 | |
| Download: ML19320B379 (3) | |
Text
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March 31, 1980 SECY-80-171 COMMISSIONER ACTION For:
The Commissioners From:
Carlton R.
Stoiber Deputy General Counsel
Subject:
COMMISSION COMMENTS ON PROPOSED LEGISLATION TO ESTABLISH A STATE PLANNING COUNCIL ON RADIOACTIVE WASTE MANAGEMENT Discussion:
The Department of Energy (" DOE") has requested the Commission's views on proposed legislation to establish a State Planning Council on Radio-active Waste Management (" Council").
This leg-islation would provide a statutory basis for the Council recently established by Executive Order.
Under the proposed legi lation, the re-established Council would retain the same composition and functions (except for reporting to the President) as it currently possesses.
However, the Commis-sion would no longer be invited to participate in Council activities.
The major changes proposed by DOE would give the Council budgetary and spend-ing authority, add authority to obtain services from other Federal agencies [with those agencies' consent] and vest administrative and executive functions in the Council Chairman.
Currently, under the Executive Order, the Secretary of Energy supplies the Council's funds and support services, and performs the functions of the President.under the Federal Advisory Committee Act, except for reporting annually to the Congress.
The major proposed changes described above incor-porate several of the Commissicn's comments to OMB'on the original proposed Executive Order to establish the Council but which were not incor-porated in the final Executive Order.
- However, Commission comments to OMB on the scope of the Council's considerations, which also were not incorporated into the final Executive Order, have l
not been included in LOE's proposed legislation.
Contact:
eidcn L. Trubatch, OGC 224
w 2
Thus, the proposed scope of the Council's con-sideration would be as broad as its current scope and include facilities for the temporary storage of spent fuel and NRC licensing procedures and regulatory content.
Since these matters are now being actively considered by the Council, it would probably not be useful for the Commission to reiterate its recommendation that the Council's scope be narrowed.
The remaining Commission comments to OMB recom-mended that NRC should participate in the Coun-cil's activities as an observer, and that the Council should include representation by the Council on Environmental Quality (CEQ) and the Department of Health and Human Services (HHS, formerly HEW).
The Executive Order provides for NRC participation, but not the suggested repre-sentation by CEQ and HHS.
The proposed legisla-tion does not even provide for NRC participation.
Accordingly, we have prepared a draft reply to
-DOE suggesting that the proposed legislation be amended to include participation by NRC in Coun-cil activities, and representation of CEQ and HHS on the Council.
Recommendation:
Send the proposed letter to DOE.
f r
I J
N w
Carlton R.
Stolber Deputy General Counsel
Attachment:
Draft letter to Deutch from Ahearne Comissioners' coments should be provided directly to the Office of the Secretary by c.o.b.
Tutsday, April 15, 1980.
Comission Staff Office comments, if any, should be submitted to the Comissioners NLT April 8,1980, with an information 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 S~retariat shculd be apprised of when comments may be expected.
DISTRIBUTION Comissioners Conmission Staff Offices Exec Dir for Operations ACRS Secretariat j
l
nse UNITED STATES P
NUCLEAR REGULATORY COMMISSION o
I WASHINGTON. D. C. 20555 CN CHA1HMAN The Honorable John M. Deutch Under Secretary U.S. Department of Energy 1000 Independence Avenue, S.W.
Washington, D.C.
20585
Dear Mr. Deutch:
This is in response to your r'equest for the Commissiori's views on proposed legis-lation to establish a State Planning Council on Radioactive Waste Management
(" Council"). The Commission believes that the proposed legislation would create an appropriate vehicle for State participation in Federal waste management activi-ties.
However, the Commissi~on notes that there is no provision for NRC participa-tion in the Council. Such participation is provided for in the Executive Order initially establishing the Council.
The NRC believes that its participation as an observer of the Council's activities would be consistent with its role as an 1
independent regulatory agency and would be a natural extension of its current role in the Council.
NRC participation is expected to include explanations of NRC licensing policy as it relates to the Councils' deliberations.
Such explana-tions would be especially important with respect to proposed r.egulations now pend-ing before the Commission for high-level waste repositories.
Final NRC actions on these regulations is expected to occur after the termination of the current Council. Accordingly, the Commission recommends that the propos.ed legislation be amended to include continuing NRC participationin the State Planning Council.
The Commission also believes that the Council's membership should include repre-sentatives from the Council on Environmental Quality (CEQ) and the Department of Health and Human Services (HSS).
CEQ representation could encourage greater State ~ participation in the environm' ental review procbss required by the National Environmental Policy Act; and HSS representation is consistent with its involve-ment with the health effects of low-level ionizing radiation.
Accordingly, the Commission recommends that the proposed legislation be amended to include representation of CEQ and HSS on the Council.
Thank you for this opportunity to comment on this ma.tter.
Sincerely, John F. Ahearne 1
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