ML19332D367

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Comments on Proposed Rev to 10CFR170 Per 870310 Memo & Items Discussed During Briefing
ML19332D367
Person / Time
Issue date: 04/10/1987
From: Surmeier J
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Rich Smith
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML19332B436 List:
References
FRN-54FR49763, RULE-PR-170 AD23-1-13, NUDOCS 8912010078
Download: ML19332D367 (5)


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O APR 101987 1

MEMORANDUM FOR:

Ronald M. Smith, Attorney i

Division of Rulemaking & Fuel Cycle Office of the General Counsel o

FROM:

John J.:Surmeier, Acting Director Planning and Program Analysis Staff, NMSS-l

SUBJECT:

ColNENTS ON PROPOSED REVISION OF PART-170 We appreciate the briefing you gave us on'the proposed revision.

In response to your March 10, 1987 memorandum and items discussed during the briefing, NMSS has the following comments:

1 1.

Regional. Involvement p

L We suggest that the Regions be given the opportunity to comment on the proposed rule.

The Uranium _ Recovery Field Office:of Region IV will have to be involved in the process of gathering / analyzing historical data on uranium recovery to support this new. rule.

All five regions issue materials licenses; NMSS will take the lead in gathering / analyzing historical data for-this area.

1 2.

Flat' Fees for Materials Licensing During the March 19, 1987 meeting, you mentioned $2,000 arbitrarily as the-1-

threshold.

Such an approach for " full cost" vs. flat fees for materials l

licensees seems reasonable, provided that there are not too many material u

licensing cases-in the " full cost" categories.

The large number of l-material licensing actions-(about 6,000 per year) would make it very

-difficult to. keep accurate records of time spent:on each individual E

licensing action.

If $2,000 is the cutoff, it appears that " full _ cost" would. apply principally to large-irradiators (Category 3G). The numb 6r of licenses in this category is small enough that the licensing staff could j

be expected.to keep accurate-records.- We, hope-that whatever the threshold l

is,- it should be high enough-that only a small percentage (e.g.,1-5 l

percent) of material-licensing actions are subject to full cost.

l Please' note that the phrase describing Category 3G is broad enough to include not only the negacurie irradiators which might appropriately be charged " full cost," but also taletherapy-units with 12,000 Curie cobalt-60 sources used to irradiate various items (e.g., animals, bio-logical samples, etc.).

Consideration may need-to be given to revising the descriptive phrase for Category 3G to ensure that it covers only the

" service" irradiators or adding a new category specifically for " service" irradiators.

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g20go7s891129 170 MISC PDR 7

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- Ronald M. Smith 3

APR 101987 given by NMSS staff, application filed in a Region, etc.).or may n 6.

Fees for transportation quality assurance reviews (Category 10F)

NMSS recommends that QA reviews for transportation packages be changed

. from actual. cost to-flat fees.

require 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> of staff time; we feel the administrative burden ofThe m discretely capturirig and reporting this' time may exceed the amount we 1

collect.

We suggest the'following labor rates be used to calculate the fees:-

a.

~ New use QA program for use and maintenance only - 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />.

b.

. New QA orogram for use, maintenance, design and fabrication -

6-8 hours.

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Renewals / Amendments of QA program - 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />.

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