ML19351E863

Forwards Commission Paper Requesting Approval of Fr Notice Promulgating Revised 10CFR51 & Related Conforming Amends as Final Rule.Comments Should Be Submitted by 801114.W/o Encl

ML19351E863
Person / Time
Issue date:	11/03/1980
From:	Shapar H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Jennifer Davis, Harold Denton, Minogue R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), Office of Nuclear Reactor Regulation, NRC OFFICE OF STANDARDS DEVELOPMENT
Shared Package
ML19351E861	List: ML19351E860 ML19351E863
References
FRN-45FR40101, REF-SSINS-0330, RULE-PR-50, RULE-PR-51 NUDOCS 8012190463
Download: ML19351E863 (3)

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NUCLEAR REGULATORY COMMISSION 3 i s%

g WASHING TON, D. C. 20555 5

November 3, 1980 MEMORANDUM FOR:

Harold R. Denton, NRR John G. Davis, Director, NMSS Robert B. Minogue, Director, SD Victor Stello, Jr., Director,IE Thomas E. Murley, Acting Director, 3SR G. Wayne Kerr, Director, SP FROM:

Howard K. Shapar j

Executive Legal Director

SUBJECT:

REVISION OF 10 CFR PART 51 AND RELATING CONFORMING AMENDMENTS - IMPLEMENTATION OF CEQ NEPA REGULATIONS l

Attached for your review, comments and concurrence is a Comission paper requesting Commission approval of a Federal Register notice (Enclosure B) promulgating revised Part 51 and related conforming amendments as a final rule. The principal differences between the proposed rule as published for comment and the final rule are explained in the preamble to the rule (Enclosure B. pp. 33-61.) A subject matter compendium of public comments with NRC responses is also attached (Enclosure D.)

Your attention is particularly directed to the list of categorical exclusions set out in 5 51.22(c) of the final rule; the discussion and findings for the categories of actions listed appear in the preamble (Enclosure B. pp.81-115.)

Types of actions which have not been determined by rule to be categorical exclusions are subject to NEPA review; that is either an environmental impact statement or an environmental assessment, the latter to be followed by an environmental impact statement or a finding of no significant impact, must be prepared.

Since this paper is due in the office of the Executive Director for Operations on Friday, November 28, 1980, I would appreciate your comments and/or concurrence on or before cab Friday, November 14, 1980. Guy H. Cunningham, III, Director and Chief Counsel, Regulations (492-7203) and Jane R. Mapes, Attorney (492-8695) will be pleased to answer any questions which you may have concerning revised Part 51. A limited number of extra copies of the attached package are available in Mr. Cunningham's office.

I recognize that this revision of Part 51 is extremely lengthy and complex--the Federal Register notice alone is well over 200 pages.

It is for that reason that the package has been rushed to. completion in order to give you enough time to review it adequately and still meet the completion date.

I should add, l

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4 2-4 however, that your staff has already had an extensive opportunity to i

review and corrient on the proposed rule and to discuss some of the more difficult questions with members of my staff.

- Y Ys s

9 Howard K. Shapar Executive Legal Director cc: William J.-Dircks l

Executive Director for Operations 4

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DISTRIBUTION:

W.J..Dircks, EDO (1)

H.R. Denton, NRR (6)

Director, Division of Licensing, tJRR (4)-

Director, Division of Engineering, NRR (4)

Director, Division of Systems Integration, NRR (4)

Director, Division of Human Factors Safety, NRR (3)

Director, Division of Safety Tecnnology, NRR (3)

D.R. Muller (1)

R.L. Ballard (1)

D. Sells (1)

R.B. Minogue (1)

W.R. Ott, SD (6)

J.G. Davis (1)

R.E. Cunningham, FCMS (6)

L.C. Rouse (1)

V.L. Miller (1)

D. Nussbaumer (1)

T.E. Murley (2)

V. Stello (2)

G.W. Kerr (2)

L. Eickwit-(2)

M. Malsch (3)

5. Eilperin (1)

J. Fouchard (1)

C. Miles (1)

R.'Lazo (2)

'A. Rosenthal (2)

D. Donoghue (1)

J. Felton (1)

J. Philips (1)

H. Shapar (1)

T. Engelhardt (1)

W. Parler (1)

J. Becker (1)

J. Murray (1)

J. Maynard (1)

J. Rutberg (1)

E. Christenbury (2) l' J. Scinto (1)

S. Treby (1)-

E. Reis (1)

J. Tourtellotte (1)

W. Olmstead (1)

G. Cunningham (1)

J. Mapes (5)

B. Berson (1)

J. Curtiss (1)

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