ML20003D028

Responds to Re NRC Proposal to Exempt Tc-99 & Low Enriched U from Licensing & Regulatory Requirements as Residual Contamination in Any Smelted Alloy.Forwards Proposed Exemption & Relevant Info.W/O Encl

ML20003D028
Person / Time
Issue date:	03/13/1981
From:	Rosalyn Jones NRC OFFICE OF STANDARDS DEVELOPMENT
To:	Bermel J, Mickel C AFFILIATION NOT ASSIGNED
References
FRN-45FR70874, RULE-PR-150, RULE-PR-30, RULE-PR-32, RULE-PR-70, TASK-OS, TASK-TP-710-1 45FR70874, NUDOCS 8103181082
Download: ML20003D028 (2)

Text

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UNITE D STATES y g prg 70g7p yh NUCLEAR REGULATORY COMMISSION

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/E WASHING 10P(, D. C. 20555 fdAR 131331 Mr. John K. Bemel/Ms. Christina Mickel P. O. Box 602 Cotati, Callfornia MC28

Subject:

Proposed Exemption of Smelted Alloys (your letter 12/10/80)

This' responds to your letter concerning the fluclear Regulatory Comission's proposal to exempt from licensing and regulatory requirements technetium-99 and low-enriched uranium as residual contamination in any smelted alloy.

Your letter requested three actions in connection with the proposal:

1.

Enact an indefinite noratorium on the proposed smelting and sale o_f idioactively contamfEated metals _.

Please be assured that until or unless the Comission adopts a final rule change, the existing regulations will remain in effect governing the smelting and sale of metals contaminated with technetium-99 and low-enriched uranium, 2.

Make factual statements in all major newspapers and radio stations in the United States regardino the proposed smelting and sale of

_ radioactively contaminated metals.

The public announcement tio.80-193 referred to in the first paragraph of your letter was sent to a daily list of about 250 addressees (mostly news media) and later to a weekly mailing list of about 5000 addressees. The Commission, of course, could not require that the media use those annmmcements.

In' the last three months, stories and articles on the proposed action have appeared in a number newspapers and newsletters and on several radio stations across the United States.

Although publication in the Federal Register of a document is sufficient (under The Federal Register Act) to give notice of the contents of the document to a person subjat to or affected by it, the Commission also provides copies to affected licensees and known interested persons by direct mail. Over 600 copies of the proposed action were mailed to affected licensees, State officials, interest organizations and groups, and persons interested in consumer products.

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Allow for the formation of a Federally funded panel of physicians to fully determine the medical effects that such metals would have on human life - should the metals be allowed public exposure.

The proposed rule published in the Federal Register on October 27, 1980, allowed 45 days for public comment by all interested persons who desired to submit written corr.ents or suggestions for consideration in connec-tion with the proposed rule and a draft environmental impact statement.

The publication also noted that coments received after December 11, 1980, will be considered if it ic practical to do so. As of this date, it is still practical to consider coments received after December 11, 1980, including coments from physicians or panels of physicians.

,After receipt of comments on the draft environmental statecent, the Commission's Office of Standards will prepare a final environmental statement. The final environmental statement will make a meaningful reference to the existence of any responsible opposing yta not adequate-ly discussed in the draft environmental statement. The Commission's regulations require that the final environnental statement accompany the rule cnange through, and be considered in, the Comission's review process.

In response to your request for any data that is available to the public concerning the recycling of radioactively contaminated metals, enclosed are a copy of the proposed exemption and draft environmental statement mentioned above plus a copy of an environmental impact assessment prepared by the U.S. Energy Research and Development Administration.

Also enclosed are copies of the Comission's Regulatory Guide _1.86 on ter-mination of operating licenses for nuclear reactors and Regulatory Guide 8.21 on health physics surveys. Both documents contain regulatory guidance on release of surface-contaminated equipment for unrestricted use.

If you desire further infomation, please contact Mr. J. J. Henry, Office of Standards Development, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555.

S Sincerely,

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s, t Director.

for P t9 al Safety Standards DivisionJof Engineering Standards Office of Standards Development

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Please place the attached document in the PDR using the following file and file points:

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