ML19352A042

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Suggests Simplifications of Const Authorization in 10CFR60 Final Rule, Disposal of High Level Radwastes in Geologic Repositories,Licensing Procedures. No Legal Objections Found
ML19352A042
Person / Time
Issue date: 02/04/1981
From: Cunningham G
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Goller K
NRC OFFICE OF STANDARDS DEVELOPMENT
Shared Package
ML19352A039 List:
References
FRN-44FR70408, REF-10CFR9.7, RULE-PR-60 NUDOCS 8102250570
Download: ML19352A042 (2)


Text

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FE3 4 19 81 hSOPMDi.M KR: Karl R. Goller, Director Division of Siting, Health and Safeguards Standards Office of Standards Develo p t FBCN:

Guy H. Cunningham, III Director & Chief Counsel Regulations Division Office of the Executive Legal Director SUEJECT:

SECY-81-48, 10 GR PAIE 60 (LICENSIN3 PROCEDGES FOR DISPOSAL OF HIGi-IEEL RADIOACIIVE WASTES)

We have no legal objection ;o the proposed staff paper reflecting the changes discussed at the cmmission uneting of January 26.

In our opinion, however, the treatz:ent of conditions to be included in the construction authorization could be sinp1ified by naking the following changes to prior text.

Rule (SECY-81-48, p. 63) 60.32 Conditions of construction authorization.

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(c) The construction authorization will [ explicitly} state those features of the repository cited in the application deeced by the em mission to be so essential'to the prote: tion of the public health and safety that they any not be altered during subsequent construction [without prior approval frczn the rmmission]

except in accordance with an amendment to the construction authorization.

Statanant of Considerations (SECY 81-48, p. 22) g.

Conditions of Construction Authorization A new paragraph 60.32(c) has been set fortn in the final rule which states that there will be a set of conditions which are of sufficient importance that the DOE cannot deviate from than without having obtained an amenchent to the construction ~ authorization.

l P6lONosto Enclosure B

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h ere m y also be conditions which provide for other, though less suostantial, forms of Cor:=1ssion involvement. For exacole D Ccay be recuirec to notiTf the.NBC either in acvance of or within a specified time af ter caking certain kinds of devEtIons frczn the

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plans cescribed in its aro11 cation.

Ane concitions coulc speciiv, further, that IO"c. refrain frcxn i=ulecenting such deviations without NRC aporoval.

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,P Guy'H. Cunningham,7 Director'& Chief Counsel Regulations Division Office of the Executive Legal Director O

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Enclosure B