ML20003F337

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Forwards Quarterly Proposed Rule Rept,For Placement in PDR
ML20003F337
Person / Time
Issue date: 03/13/1981
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Scott S
NRC OFFICE OF ADMINISTRATION (ADM)
References
RULE-PR, RULE-PR-000 NUDOCS 8104200626
Download: ML20003F337 (51)


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March 13,1981 N

o to MEMORANDUM FOR: Steve Scott, Chief g

IA i Documents Management Branch L.U Division of Technical Information p eiPR 09 13gI " -8 and Document Control

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^.a,W &'on,8 FROM:

J. M. Felton, Director N

Division of Ruies and Records Office of Administration D

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SUBJECT:

TRANSMITTAL OF QUARTERLY PROPOSED RULE REPORT Enclosed for transmittal to the Public Document Room is the Quarterly Report on Proposed Rules as of January 31, 1981. This report has been prepared in order to provide the public with information regarding NRC's rulemaking activi tics. A notice will be published in the Federal Register soon announcing its availability in the Public Document Room for inspection and copying.

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&. Felton, D rector Division of Rules and Records Office of Administration

Enclosure:

As stated cc: Linda Schneider I

810.4200(o W

NUCLEAR REGULATORY COMMISSION i

STATUS OF PROPOSED RULES - JANUARY 31, 1981 Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 2 Rules of Practice for Domestic Licensing Proceedings 2

44 FR 12428 Ex Parte Communications, Comments by 4/23/79.

3/7/39 and Separation of 1 comment received.

OGC Ad; udicatory and Non-paper, recommending Final ad; udicatory f unctions _._

Rules, sent to Commission 3

To amend the rules deal-10/15/79. Action suspended ing with ex parte while Commission reviewed communications and the NUREG-0670 (April 1980) separation of adjudicatory which suggested options 3

and nonad Ddicatory for broad overhaul of functions so that those ex parte and separation rules will be in accord of functions rules.

In with the Government in response to Commission Sunshine Act, Pub. L.

request, DGC sent to Com-94-409.

mission analysis of two major comments on NUREG-0670 and interviewed Commissioners to determine whether, and to what extent, they desired to amend rules.

In SECY-80-1308,.0GC analy-NOTE: Vertical line indicates substantive changes which sis and summary of interviews have occurred since the last report was issued.

were sent to Commission on August 19, 1980 with request for guidance on how OGC should draft amendments to O

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. Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 2 cont.

44 FR 12428 present rules that go far beyond changes proposed in 44 FR 12428. OGC is await-ing response from Commis-sioners.

Final rule, based on notice (44 FR 12428), now deemed unlikely.

New rule-making to follow, with spe-cific provisions dependent upon Commission response to l

SECY-80-1308.

Task Leader:

H. Shulman, OGC, (301) 634-3288.

2, 19, 44 FR 70408 Disposal of High-level Comment period closed 20, 21, 12/6/79 Radioactive Wastes in 3/3/80.

34 comments 30, 40, Geologic Repositories; received.

Commission 51, 60, Proposed Licensing briefed four times starting 70 Procedures.

Io set forth 12/26/80.

Proposed l

j requirements for licensing changes submitted to Com-l the receipt and disposal mission in response to of high-level radioactive comments received at those wastes (HLW) in geologic meetings, internal menos, repositories, and a letter from DOE.

i Target Date for Commission action: 3/81.

.l Task Leader: F.A. Costanzi, OSD, (301) 443-5981.

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Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 2, 30, 45 FR 13739 Environmental Protection Comments by May 2, 1980.

40, 50, 3/3/80 Regulations for Domestic 21 comments received.

l 51, 70, Licensing and Related Majority of comments 72, 110 Regulatory functions and support rule with numerous Related Conforming minor revisions suggested.

i Amendments.

10 revise l Paper with final rule sent i

Part 51 to implement l to EDO for action 12/5/80.

Section 102(2) of the National Environneatal Task Leader: J. Mapes, ELD, Policy Act of 1969, as (301) 492-8695.

amended (NEPA), in a manner which is consistent with 4

the NRC's domestic licen-sing and related regulatory authority and which reflect the Commission policy to take account voluntarily, subject to certain condi-tions, of the regulations of the Council on Environmental Quality implementing the procedural provisions of NEPA.

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_4 Federal 10 CfR Affected Register Part Parts Citation Subject Action Commission Information 2, 50 45 FR 20491 No Significant Hazards Comments by May 27, 1980.

3/28/80 Consideration.

To specify 10 comments have been criteria for determining received.

Majority of whether a proposed amend-commenters oppose rule as ment to an operating currently proposed.

Target license or construction Date for Commission Action:

permit for a commercial Task moved to unscheduled or large production or status.

Schedule change utilization facility form has been submitted to involves no significant delay task until completion 2

hazards consideration, of higher priority work.

Task Leader: W. E. Campbell, Jr., 050, (301) 443-5913.

2, 50 45 FR 34279 Possible Amendments to Comments by July 7, 1980.

5/22/80 "Immediate Effectiveness" 15 comments received. A Rule.

Io determine, majority of commenters through rulemaking, i f NRC favored retention of the should continue to permit current rule with little or construction on a nuclear no change. The Milho11in power plant to begin on Report (NUREG-0646) had rec-the basis of an initial ommended a range of modifica-decision by an Atomic tions.

Rule is presently Safety and Licensing Board suspended by order of the (ASLB) even though that Commission (Nov. 9, 1979; decision is subject to 44 FR 65049). Target Date further review within the for Commission action:

3/81.

Commission.

Task Leader:

R. Parrish, OGC, (301) 634-3224.

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i Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 2

50, 70, 45 FR 85459 Protection of tinclassified Comments by 3/9/81.

73 12/29/80 Safeguards Information.

lo prohibit the Task Leader:

D. J. Kasun, unauthorized disclosure NMSS of safeguards information by NRC liceansees and other persons.

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-_ Federal 10 CFR A f fec'..ed Register Part Part.s Citation Subject Action Commission Information 11 Criteria r.nd Procedures for Determining Eligibility for Access to or Control over Unclassified special Nuclear Material 11, 50, 42 FR 14880 Authority for Access to or Comments by 5/16/77.

104 70 3/17//7 Control of Special Nuclear comments received, nearly Haterial.

ihe proposed all opposing the proposed rule specifies that the rule. A staff paper was Commission will authorize prepared and issued by OGC access to or control over which discussed rule imple-certain individuals mentation only for fuel involved in the operation cycle facilities and trans-of licensed nuclear power portation activities.

This reactors and fuel option was approved by the reprocessing plants.

The Commission 6/24/80.

A final proposed rule also covers rule was approved by the the licensed use, Commission during the week processing, or storage of of 11/17/80.

A separate certain quantities of proposed rule for commercial special nuclear material nuclear power reactors and the transportation, is being prepared in draft by the private sector, with a targeted completion of certain quantities date of 4/81.

The date has of special nuclear slipped two months (from ma terial.

2/81) because of delays in contractor studies, upon which the rule will be heavily dependent.

The two contractors provided the NRC staff a briefing on 11/13/80 on the final results of their studies.

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.. Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 11 cont.

42 FR 14880 The proposed rule has been divided into two separate i

rulemaking actions. One action addresses control of access authorization by individuals to strategic special nuclear materials.

This includes use, process-ing, storage, or transporta-tion by the private sector where the major emphasis is prevention of diversion.

The second rulemaking action l

addresses the authorization of access by individuals to nuclear power plant vital areas where the prevention of sabotage is of major concern.

Task Leader:

J. Prell, 050, (301) 443-5904.

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10 CFR Affected Register Part Parts Citation Subject Action Commission Information 19 Notices, Instructions, and Reports to Workers:

Inspections 19, 20 40 FR 799 Lower Radiation Exposure 29 comments received.

1/3/75 levels for fertile Women.

20 of the commenters lo incorporate the interiE supported the proposed rule, of the recommendation of SECY-75-535A sent to the National Council on Commission 3/25/76.

This Radiation Protection and subject will be addressed Measurements in Report further, in the context of No. 39 that the radiation the planned EPA /NRC/OSilA exposure to an embryo or hearing, and of the compre-fetus be minimized.

hensive revision of 10 CFR Part 20.

Target Date:

Not available.

Task Leader: W. Cool, 050, (301) 443-5970.

19, 20 44 FR 10388 Changes in Radiation Dose-Comments by 4/23/79. 83 4

2/20/79 EImiting Standirds.

10 comments received. 47 of iiTiminate the accumulated the commenters opposed the dose averaging formula, rule on the grounds that NRC 5(N-18), and the assoc-should allow doses greater iated form NRC-4, Exposure than 5 rem /yr. under unusual llistory, and impose annual circumstances.

dose-1imiting standards while retaining quarterly A final rule will be devel-standards.

oped after joint EPA / OSHA /

NRC hearing on federal guidance for occupational radiatiori protection, and 9

federal

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10 CFR Affected Register Part Parts Citation Subject Action Commission Information 19, 20 44 FR 10388 as part of a comprehensive cont.

2/20/79 revision of 10 CFR Part 20.

Target Date for Commission Action:

Not available.

Task Leader: W. S. Cool, OSD, (301) 443-5970.

19, 30, 45 FR 15184 Protection of imployees Who Comments by May 9, 1980.

40, 50, 3/10/80 Provide Information.

lo Twenty-nine comments have 70, 71, amend HIIC regulations in heen received. None of 150 regard to protection for the comments fully support employees of licensees, the rule.

Target Date for contractors, etc., who Commission Action:

Task provide information to placed in unscheduled status.

the Commission.

Schedule change form has been submitted to delay task due to higher priority work.

Task Leader:

W. E. Campbell, Jr., 050, (301) 443-5913.

19 45 FR 19564 Informal Conference During Comments by May 12, 1980.

3/26/80 Inspection.

Io faciTitate 56 comment letters have bee:6 Ilie exchange of information received.

48 commenters during and after inspection generally support the pro-of licensed facilities posed rule (w/ modifications) and to expedite the while 8 are opposed.

larget resolution of inspect. ion Date for transmittal of final findings.

lruletoCommissionis4/81.

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. Federal 10 CFR Affected Register Part Parts _

Citation Subject Action Commission Information Also see Part 2 above.

Task Leader:

A. K. Rocklein, 050, (301) 443-5970.

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O Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 20 Standards for Protection Against Radiation 20 39 FR 32921 Transuranic Waste Disposal.

Fifteen comments received.

9/12/74 To prohibit the disposal A majority of the commenters of transuranium elements favored the staff proposal.

by burial in soil.

To be resolved as part of development of 10 CFR Part 61.

Target Date for Commission Action:

Part 61 will be submitted to the Commission 3/81.

Task Leader:

P. Lohaus, NMSS, (301) 427-4433.

20 45 FR 26072 Environmental Radiation Comments by June 16, 1980.

4/17/80 Protection Standards for 4 comments received. No huclear Power Operation.

significantly adverse com-Io incorporate, into NRC ments received.

Commission regulations, a require-paper on final rule sent-to-ment that certain uranium to Commission on 12/19/80.

fuel cycle licensees must comply with EPA's Task Leader:

E. Conti, 050,

" Environmental Radiation (301) 443-5966 Protection Standards for Nuclear Power Operators."

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__-_-- __ ___ Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 20 45 FR 45302 Miscellaneous Clarifying Comments by September 2, 7/3/80 Amendments.

To amend 1980.

5 comments were 6 20.101, 20.103, 20.104, received. All opposed rule and 20.105. in order to change and objected to make clear that the pur-classification of proposed pose of these sections rule as a "clarifyinf amend-is to hold licensees ment.

Staff is considering responsible for over-recommending withdrawal of exposures occurring in proposed rule.

The issues connection with licensed would then be addressed in activities if (1) the connection with the planned licensed activity " caused" major revision of 10 CFR an individual to be Part 20.

overexposed, or (2) an inadequacy or deficiency Task Leader:

A. K. Rocklein in the licensed activity OSD, (301) 443-5970.

" permitted" an individual to be overexposed.

Included in these prohibitions would be over-exposures resulting from the acts of employees acting with or without management direction in using licensed material.

Also to amend S20.201(b) in order to make clear that the survey requirement of that section is intended to assure that licensees make appropriate surveys and that O

-- -- _ _ _ _ _ _ _ _ _ _ _ _ - - _ - - _ _ _ _ - _ - _ _ _ _ - _ - - _ Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information the requirement may be vio-lated even i f noncompliance with some other requirement of Part 20 does not result from the failure to survey or from the performance of an inadequate survey.

20 45 FR 67018 Standards for Protection Comments by 11/24/80.

325 10/8/80 Against Radiation.

10 comments were received.

permit licensees greater Vast majority of commenters 4

leeway in disposing of support the proposed rule.

liquid scintillation media The opposing comments did Action and animal carcasses not contain any information containing tracer levels which would alter the value/

Complete of hydrogen-3 (tritium) impact conclusion that doses or carbon-14.

and health effects resulting from the rule would be negligible.

Final rule approved by Commission 2/27/81.

Notice to be published in FEDERAL REGISTER.

Also see Parts 2 and 19 above Task Leader:

J. R. Cook, NMSS, (301) 427-4240.

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l Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 30 Rules of General Applicability to Domestic Licensing of Byproduct Material 30, 31, 36 FR 6015 Exemption of Static Elim-Eleven letters of comment 32 4/1/71 inators.

To exempt from were received, four of which licensing requirements raised significant questions tritium, krypton-85, or concerning license fees, polonium-210 in static reporting requirements, and elimination devices and specific licenses for Action ion generating tubes incorporation of devices Complete manufactured, imported, into products for commercial or transferred in l distribution.

Proposed Rule lw(46 FR 3908).

ithdrawn on 1/16/81 accordance with a specific license issued by the Commission which authorizes transfer of Task Leader:

J. Ilenry, 050, such devices or tubes to (301) 443-5946.

persons exempted under the proposed new exemption or equivalent regulations of an Agreement State.

30, 70 43 FR 44547 Irretrievable Well-Logging Comments by 11/27/78.

10 9/28/78 Sources.

To establish comments received.

Comment-requirements to be accom-ers are generally in agree-plished in the event of an ment with the proposed irretrievable well-logging regulation. Additional source (any sealed source study required to complete containing licensed impact analysis.

Completion material which is pulled of action delayed by off or not connected to Task Leader's temporary O

_ 1 federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information f

t h.: wireline downwell, detail to FCMS.

Target Date and for which all for Commission Action:

7/81.

reasonable effort at recovery, as determined fask Leader:

M. Wangler, by the Comraission, has 050 (301) 443-5946.

been expended).

30, 32 45 FR 70874 Exemption of Technetium-99 Comments by 12/11/80. Over 70, 150 10/27/80 aiiil Low-Enriched Uranium 3,000 comments received, as Residual Contamination almost all opposing the In Smelted Alloys.

10 proposal.

Considerable exempt from licensing effort will be needed to and regulatory require-process comments prior to ments technetium-99 and initiating final rulemaking l

i Iow-enriched uranium as proceeding.

Target Date:

i residual contamination 12/81.

in any smelted alloy.

lask Leader:

J. J. llenry, OSD, (301) 443-5946.

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_ _ Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 31 General Domestic Licenses for Byproduct Material 31, 150 45 FR 71807 NRC's Jurisdiction Over Comments by 12/29/80. One 10/30/80 Persons Using Byproduct, comment has been received Source and Special Nuclear from the Justice Dept.

Material in Offshore supporting the clarification Waters Beyond Agreement and suggesting minor modifi-States' lerritorial cations.

Target Date: Staff Waters.

(1) Io clarity expects to send rule to EDO that NRC has jurisdiction 3/81.

vis-a-vis Agreement States over persons using Task Leader:

T. F. Dorian, byproduct, source, and ELD, (301) 492-8690.

special nuclear materials in offshore waters beyond Agreement States' terri-torial waters and within the area of the Outer Continental shelf and (2) to recognize Agreement States' specific licenses covering activities in these waters.

Also see Part 30 above 32 Specific Domestic Licenses to Manufacture or Trans fer Certain Items Containing Byproduct Material See Part 30 above 9

_ _ -. Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 34 Licenses for Radiography and Radiation Safety Requirements for Radiographic Operations 34 45 FR 39856 Licenses for Radiography Comments by July 28, 1980; 6/12/80 and Radiation Safety 61 comments were received, Requirements for Radio-all supporting the rule as graphic Operations--

proposed.

Final rule Disposal of Records of approved by EDO 1/ 9/81.

Action Pocket Dosimeters.

fo Published in the Federal Complete provide that pocket Register 2/11/81.

dosimeter records need be retained for only two Task Leader:

S. A. McGuire, years.

OSD, (301) 443-5970.

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- Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 35 lluman Uses of Byproduct Material 35 44 FR 21203 Coordination of fluman Uses Comments by 6/8/79.

63 4/9/79 of Byproduct Material.

To comments received. Approxi-replace the existing mately one-third favored requirement for medical the rule, one-third opposed institution licensees it, and one-third commented to appoint a medical without indicating Isotopes Committee with preference.

final rule in a requirement to appoint preparation.

Target Date a radiation safety for Commission Action:

committee that will foc6s 5/81.

This represents a on radialion safety.

3 month change in schedule a

because of priority work on rules concerning medical mis-administration and disposal of medical waste.

Task Leader:

E. Podolak, OSD, (301) 443-5860.

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h Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 50 Domestic Licensing of Production and Utilization facilities 50 39 FR 26293 General Design Criteria 11 comments received.

Deferred as a result of 7/18/74 for fuel Reprocessing Reprocessing indefinitely the GESHO decision.

Plants.

Io add an deferred.

Task placed on hold, Appendix "P" to establish per L. V. Gossick minimum requirements for Task Leader: C. W. Nilsen, informal note of the principal safety-OSD, (301) 443-5910 8/27/75.

related design criteria for fuel reprocessing plants.

50 45 FR 65247 Proposed Licensing Require-Comments by November 17, 10/20/80 ments for Pending Con-1980.

12 comments were struction Permit and received. Majority of Manufacturing License commenters objected to Applications.

Io con-special measures in the sider requirements to areas of siting, reliability, take into account in engineering, and degraded the design of nuclear core rulemaking areas.

Com-power plants which are mission met on 1/12/81 and the subject of.pending approved finalization of a construction permit (CP) rule, with one technical i

and manufacturing license area to be resolved follow-(ML) applications.

ing the february 1981 ACRS meeting.

Target Date for Commission Action:

3/81.

Task Leader: Robert A.

Purple, NRR, (301) 492-7672.

Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 50 45 FR 65466 Domestic Licensing of Comments by November 3, 10/2/80 Production and UtiTIzation 1980.

23 comment letters facilities; interim received, approximately 50%

Requirements Related to in favor of proposal and Ilydrogen Control and 50% opposed.

Staff analyz-Certain Degraded Core ing comments.

Target Date Considerations.

Io for Commission action: 3/81.

improve hydrogen manage-ment in light-water Task Leader: M. R. Fleishman, reactor facilities and OSD, (301) 443-5921.

to provide specific design and other requirements to mitigate the consequences of accidents resulting in a degraded reactor core.

50 45 FR 67099 Plan to Require Licensees Comments by November 24, 10/9/80 and Applicants to Document 1980. Comments were sub-ITelTiations from the mitted by 31 industry Standard Review Plan.

To organizations and 8 other require all nuclear power organizations, including plant licensees and all legal firms.

Industry applicants for construction commenters were uniformly permits and manufacturing opposed to the rule. A licenses to identify and final rule was sent to justify deviations from the Commission on J<.. u, the acceptance criteria of 1981 (SECY-81-13). Target the applicable revision of Date for Commission Action:

the Standard Review Plan, 3/81.

NUREG-75-087.

Task Leader:

M. L. Ernst, NRR, (301) 492-8016.

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10 CFR Affected Register Part Parts Citation Subject Action Commission Information 50 45 FR 75536 Domestic Licensing of Comments by 1/13/81.

11/14/80 Production and UtiTiiation several significant comments facilities, Iracture have been received. Staff i

Toughness Requirements preparing paper for initial for Nuclear Power division review. Target Reactors.

To clarify the Date for Commission action:

applicability of the 12/81.

fracture toughness requirements to old and Task Leader:

P. N. Randall, new plants, modify certain 050, (301) 443-5997.

requirements and shorten and simplify these regula-tions by more extensively i

incorporating by reference appropriate National i

i Standards.

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50 45 FR 86500 Codes and Standards for Comments by 2/17/81.

12/31/80 Nuclear Power Plants.

To incorporate by reference Task Leader:

E. Baker, 050.

new addenda of the ASME Boiler and Pressure Vessel Code.

Also see Parts 2, 11, and 19 e

_- Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 51 Licensing and Regulatory Policy and Procedures for Environmental Protection 51 45 FR 24168 Licensing and Regulatory Comments by June 9, 1980.

4/9/80 Folicy and Procedures for 27 comments received. All Environmental Protection; but one commenter were gener-ATternative Site Reviews.

ally supportive of the staff To provide procedures and proposal.

Comment analysis performance criteria for and final rule in prepara-the review of alternative Lion.

Some issues will have sites for nuclear power to be addressed in the plants under the National siting rulemaking.

Target Environmental Policy Act Date for Commission Action:

of 1969 (NEPA).

l6/81.

Also see Part 2 above.

Task Leader:

W. Ott, 050, (301) 443-5966.

60 Disposal of liigh-level Radi_oactive__ Wastes in Geologf_c MosTto71es; Proposed Licensing Procedures.

See Pa rt _2___ above e

Federal 10 CFR Affected Register Part Parts Citation S_utdect Action Commission Information 70 Domestic Licensing of Special Nuclear Material 70, 73 45 FR 1625 Transient Shipments of Comments by 3/10/80.

5 1/8/80 Strategic Special Nuclear conssents received.

None of Material.

To withdraw the conunenters opposed the the existing exemption rule.

Commission approved from licensing requirements final rule 1/7/81. Notice for carriers who possess published in the federal formula quantities of Re ister 2/13/81 Action strategic special nuclear (4 FR 12193).

Complete material in the course of Task Leader:

C. K. Nulsen, a transient shipment, and NMSS, (301) 427-4181.

require them to be responsible for assuring that the strategic special nuclear material is pro-tected against theft and radiological sabotage.

70 45 FR 15936 Domestic Licensing of Comments by June 16, 1980.

3/12/80 Special Nuclear Material; 5 comments received. A General License Require-majority of the comments ments f r any Person Who favor adoption of the pro-Action Possesses Irradiated posed amendments.

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  • 51ecial Nuclear Material Conunission approved final S H) In-Transit.

10 rule 1/7/81. Notice issue a general license published in federal to any person who lgister 2/13/81 (46 FR 12695).

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. federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 71 Packaging of Radioactive Material for Transport and Transportation of Radioactive Material Under Certain Conditions 71, 73 40 FR 23768 Packaging and Trans-88 comments received on the 6/2/75 portation of Special transport rulemaking proceed-Nuclear Material by Air.

ing.

31 comments supported Concerning the air the air transport of SNM or transportation of radio-radioactive material in active materials, general or the conclusion including packaging.

that current transport regulations are adequate.

35 comments were opposed to some aspect of radioactive material transport.

22 comments offered items for consideration or were neu-tral.

Final Environmental Statement issued 12/77. 35 comments received on the Environmental Staternent. 4 comments agreed with the conclusions of the state-ment, 18 comments indicated some aspect of the statement was inadequate, 13 comments offered items for consider-ation or were neutral.

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~27-Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 71, 73 40 FR 23768 Target date for Commission

.lCommissionActionDatedue cont.

6/2/75 action: 3 /81.

Delay in to additional time required for resolution of staff comments.

Staff paper recommending closing of pro-ceedings is in preparation.

There are no plans to make immediate changes to the rules as a result of this j

proceeding.

Task Leader:

S. Bernstein, 050, (301) 443-5946.

71 44 FR 48234 Transportation of Comments by 10/16/79; 8/17/79 Radioactive Material -

extended to 12/17/79.

28 Compatibility with IALA comments received.

15 were Regulations.

10 revise supportive of the proposal, the regulations for the 17 made suggestions regard-transportation of radio-ing the technical content of active material to make the requirements, and 5 were them compatible with specifically concerned about those of the IAEA and consistency of terminology thus with those of most and requirements among NRC, major nuclear nations of DOT, and the IAEA.

Target the world.

Date for Commission Action:

l3/81.

Completion date for DOT action extended due to controversy over low specific 1

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-:3-Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 71 cont, activity materials.

NRC parallel rule will also be delayed.

NMSS has raised broad new issues which may further delay the rule.

Task leader:

D. liopkins, 050, (301) 443-5946.

71 45 FR 81058 Advance Notification to Comments by 3/9/81.

12/9/80 3tates of Iransportation of Certain Types of Nuclear Task Leader: J. P. Roberts, Wastes.

lo implement a NMSS.

federal statute which requires the NRC to provide l

for timely notification to the governor of any state prior to transport of nuclear waste to, through, or across the boundary of a state when the Commission determines the shipment is potentially hazardous to health and safety.

Also see Part 19 above.

72 Licensing Requirements for the Storage of Spent fuel in an Independent Spent Fuel Storage Instal _lation See Part 2 above 1

- _. Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 73 Physical Protection of Plants and Materials 73 44 FR 60743 Reporting of Safeguards Comments by 12/21/79.

25 10/22/79 Events.

Io require that comments received.

A major-licensees report events ity of the commenters were which significantly in agreement with the intent Action threaten or lessen the of the rule but requested Complete effectiveness of their that more definitive safeguards system.

criteria be developed for reporting in addition to a reporting schedule which depends on the severity of the event and compensating measures taken.

Commission approved rule on 11/21/80.

Rule published in the Federal Register 1/19/81 (46 FR 4858).

Task Leader:

J. A. Prell, OSD, (301) 443-5903.

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  • Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 73 45 FR 2657 Physical Protection of Comments by 2/13/80, 1/14/80 Intransit Special Nuclear extended to 3/24/80.

2 Material of Moderate comments received.

Amend-45 FR 11503 Strategic Significance.

ments republished 2/21/80 2/21/80 To allow the NRC to delay to explain how NRC would the shipments of certain implement scheduling control.

quantities of Special Additional amendments Nuclear Material (SNM) of drafted to require early moderate strategic thef t-detection capabil-Action significance in order to ities of licensees who Complete prevent concurrent ship-transport Category II SNM.

ment of two or more Task delayed due to higher quantities of SNM that, priority work on safeguards in total, would exceed a requirements for spent fuel formula amount.

tranport routing.

In January 1981 the EDO approved amendments for publication in Federal Register. Notice published 2/18/81 (46 FR 12690).

Task Leader:

C. K. Nulsen, NMSS, (301) 427-4181.

O

_ o federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 73 45 FR 15937 Physical Protection of Comments by May 12, 1980.

3/12/80 Flants and Materials; 12 comments received.

Com-Access Controls to menters were in agreement Nuclear Power PTaht Vital with the intent of the rule Area.

10 define more but requested clarification clearly the criteria for of the phrasing.

Signifi-personnel access controls cant changes resulting from for nuclear power plant development of effective vital areas.

rule require republication as a proposed rule.

Republication for public comment scheduled for 4 /81.

This represents a four-month delay.

Delays have been experienced in receiving of fice concurrences. Target Date for final Commission action: 9/81.

Task Leader:

J. A. Prell, 050, (301) 443-5904.

4 4

_. federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 73 45 FR 79492 Searches of Individuals at Comments by 1/15/81.

16 12/1/80 Power Reactor lacilities.

comments received.

Comments lo clarify requirements divide evenly for and for searches of individ-against rule.

Staff uals at power reactor reviewing comments.

Target facilities protected area Date for Commission action:

entry portals.

5/81.

Task Leader:

T. Allen, HMSS, (301) 427-4181.

(

73 45 FR 81060 Advance Notification to Comments by 3/9/81.

12/9/80 Governors Concerning Sliip-ments of Irradiated Task Leader:

C. Sawyer, Reactor fuel.

To issue NHSS. (301) 427-4181.

regulations which provide i

for the timely advance notification to the gover-i nors of any state prior to the transport of nuclear i

waste including irradiated reactor fuel within or I

through the state.

Also see Parts 2, 70, and 71 above 110 {xport and Import of Nuclear facilitic_s and Materials See Part 2 above

! Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information -

140 financial Protection Requirements and Indemnity Agreements 140 44 FR 1751 Indemnification of Spent Comments by 2/7/79.

16 1/8/79 Reactor fuel.

lo extend comments received.

12 Government indemnity to commenters support staff spent reactor fuel stored proposal while 4 commenters at a reactor site generally oppose it.

Final different from the one rule (SECY-80-468) sent to where it was generated, Commission for action in a specific situation, 10/10/80.

Status 2/81:

and consider such Rule before Commission for indemnity in a more final action.

generic sense.

fask Leader:

I Dinitz, j

NRR, (301) 492-8562.

140 44 TR 20709 financial Protection Comments by 6/5/79.

2 i

4/6/79 Requirements and Indemnity comments received.

Target Jc reements; Miscellaneous Date for Commission Action:

A Amendments.

To amend Not available.

Commission regulations relating to action delayed, pending financial protection and responses to Commission indemnity required of-request for public comments licensees; and to imple-on changing its customary

}

ment legislation that approach of publishing modified and extended for policies such as these in ten years (to August 1, their entirety (see Chilk 7

9 8

1 1

e

__ federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 1987) the present Price-memo to Dircks re Anderson legislation.

SECY-80-503 dated 1/18/81).

Task Leader:

I. Dinitz, NRR, (301) 492-8562.

t e

9

- - - Federal 30 CFR Affected Register Part Parts Citation Subject Action Commission Information 100 Exemptions and Continued Regulatory Authority in Agreement States Under Section 2/4 150 39 FR 32922 Transuranic Waste Disposal.

15 comments received.

A 9/12/74 To reassert the majority of the commenters Commission's authority in were supportive of the Agreement States over the staff proposal.

To be disposal of transuranium resolved as part of 10 CFR elements by burial in Part 61.

Target Date for soil.

issuance of proposed Part 61 is April 1981.

Task Leader:

R. D. Smith, NHSS, (301) 427-4433.

Also see Parts 19, 30, and 31 above 6

L federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information l

170 fees for facilities and Materials Licenses and Other Rerulatory Services Under the Atomic Energy Act of 1954, As Amendet 170 45 FR 20899 Licenses and Other Reguia-Comments by 4/30/80.

5 com-3/31/80 tory Services Under the ments received. All comments Atomic Energy Act of 1954; expressed opposition to staff Revision of Materials fee proposal. Amendment to be 3chedules.

To add a new addressed as part of Part 170 fee Category 11.f to revision.

Target Date for Section 170.31 on schedule completion:

6/81.

of fees for materials

~

licenses and other regula-Task Leader:

W. O. Miller, tory services.

Jr., ADM, (301) 492-7225.

170 45 FR 74493 fees for Review of Appli-Comments by 12/8/80. 4 11/10/80 cations.

lo clarify tIiH comments received, all in fees for review will.be opposition to proposed rule.

I charged, as appropriate, Staff paper in preparation.

when review of an Target Date for Commission application is completed, Action: 4/1/81.

whether by issuance of a permit, license, or other Task Leader:

W. O. Miller, approval, or by denial or ADM, (301) 492-7225.

withdrawal of an applica-j tion, or by any other event i

that brings active Commission review of the application to an end.

e

_ ADVAtlCE fl0TICES Of PROP 05tD RULEMAKillG federal 10 CfR Affected Register Part Parts Citation Subject Action Commission Information 2 Rules of Practice for Domestic Licensing Proceedings 2, 50 45 FR 20493 Advance Notice of Rule-Comment period extended Discussions were held i

3/28/80 iiiai3ng on C5rFITicallsii f ro:n May 2/,1980 to with the National iTTErsonnF17hisimeiry.

June 27, 1980.

50 Voluntary Laboratory Tirocessors.

In obtain comments received.

More Accreditation Program iiiifWic comments on than 90% of the commenters of 0.C. establishing various alternatives for favor a regulatory program feasibility of NVLAP improving accuracy in for improving dosimeter accrediting personnel personnel dosimetry, accuracy. A majority of dosimetry processors.

particularly with respect the commenters favor an A formal NRC request to operation of the NRC contractor operated to NVLAP has been testing and certification testing laboratory.

Oral made, and a federal laboratories.

comments were obtained Register notice during a public meeting asking for public on this topic held May 28 co ment is being and 29, 1980.

Target Date prepared.

for Commission Action:

Proposed rule scheduled for publication during May 1981.

Task leader:

N. A. Dennis, 050, (30 0 443-5970.

1 E

e

_ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ - _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 9 Public Records 9

44 FR 22746

" Plain English" Version of Comments by 6/18/79.

4/17/79 Freedom of Informd[ Ton Act 30 comment's received.

Regulations.

A suggested Majority of comments revisien of the Freedom supported the concept of of Information Act regula-writing regulations in tions was published for plain English.

public comment, as an illustration of how regu-Action suspended, pending lations could be written completion of higher in " plain English," as priority it3ms.

prescribed by Executive Order 12044.

Task Leader:

J. M. Felton, DRR, (301) 492-7211.

h

- Federal 10 CFR Af fected Register Part Parts Citation Subject Action Commission Information 20 Standards for Protection Against Radiation 20 45 FR 18023 Standards for Protection Comments by 6/18/80.

71 3/20/80 Against Radiation, comments received.

About Advance Notice of Proposed 90% of the commenters were Rulemaking.

Io bring NRC in favor of the staff pro-radiation protection posal.

Industry comments standards into accord with generally reflect the view developments in radiation that current Part 20 protection that have standards are adequate and occurred since promulga-do not need revising.

tion of Part 20 in its Staff is in the process of present form in the late developing a proposed rule 1950's.

change reflecting a compre-hensive and systematic review of 10 CFR Part 20.

The tentative date for Commission action on the proposed rule change is 12/81.

Task Leader:

M. A. Parsont, OSD, (301) 443-5854.

e Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 30 Rules of General Applicability to Domestic Licensing of Byproduct Material 30, 40, 43 FR 10370 Decommissioning Criteria Comments on decommissioning 50, 70 3/12/78 for Nuclear facilities.

program by 7/15/78.

69 To provide more specific comments received, the guidance on decommis-majority of which support sioning criteria for the staff proposal.

State production and utiliza-Workshops held 9/78 and tion facility licensees 9/79.

Target Dates for and byproduct, source, Commission Action:

Draft and special nuclear GEIS, 1/81; Policy State-material licensees.

ment, 5/81; Proposed Rules, 9/81.

Task Leader:

G. D. Calkins, 050, (301) 443-5910.

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__ -____. Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 50 Domestic Licensing of Production and Utilization facilities 50 43 FR 22373 Financial Qualifications.

Comments by 7/24/78.

7 Memo SECY to EDO 5/25/78 Regarding the requirement comments received.

Six (5/30/80) advised for demonstrating financial in favor of proposal; I staff that qualifications to obtain opposed.

Staff recommended Commission decided Part 50 licenses for that the Commission con-against issuing FR production and utilization sider eliminating second notice requesting facilities.

request for comments and second round of instead act on staff's comments.

recommendations in proposed rule (SECY-79-299) which would substantially reduce scope of financial qualifi-cations review.

Commission has deferred action on proposed rule change until further notice.

Task Leader:

J. Petersen, NRR, (301) 492-8686.

50 43 FR 57157 Acceptance Criteria for Comments by 3/5/79.

29 12/6/78 Emergency Core Cooling comment letters received.

Systems.

Io change Majority of commenters were certain technical and generally in favor of staff nontechnical requirements proposal. Work on rule within the existing deferred, pending assessment emergency core cooling of TMI accident and its system rule.

impact on ECCS rule.

Target Date for Commission Action:

Not established.

O Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 50 cont.

43 FR 57157 Task Leader:

M.R. Fleishman, 12/6/78 OSD, (301) 443-5921.

50, 51 44 FR 61372 Storage and Disposal of First prehearing conf. order 10/25/79 Nuclear Waste.

To issued 2/1/80. On April 15, reassess degree of confi-1980 DOE filed its statement dence that radioactive of position.

Approximately wastes produced by 50 other participants filed nuclear facilities will statements of position in be safely disposed of, to early July.

Cross-determine when disposal statements were filed by will be possible, and to several participants in determine whether or not early September; and sugges-wastes can be safely stored tions for additional proce-until they are safely dures were filed in early disposed of.

October.

In an Order approved January 15, 1981, the Commission instructed the working group to provide a summary of the record, identify issues and contro-versies, and indicate, where possible, how their resolu-tion could affect the Commission's decision.

Participants may comment on the accuracy of the summary and the completeness of the identification of the issues.

_ Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 50, 51 44 FR 61372 Task Leaders:

L. Slaggie, cont.

10/25/79 OGC, (301)634-3224;

5. Trubatch, OGC, (301) 634-3224.

50 45 FR 6793 Operational Data Gathering.

Comments by 3/3/80.

45 1/30/80 lo decide whether to comments received.

Vast require that participation majority of commenters op-46 FR 3541 in the Nuclear Plant posed staff proposal.

1/15/81 Reliability Data System Commission paper (NPRDS) be made mandatory

'(SECY-80-507) proposed that for power reactor the existing NPRDS not be licensees.

made mandatory but that an Integrated Operational Experience Reporting system he developed by combining and restructuring the LER and NPRD Systems into a single mandatory system.

SECY 80-507 was approved by the Commission on 12/22/80.

Accordingly, another Advance Notice of Proposed Rule-making was issued on 1/15/81 (46 FR 3541) and a subse-quent Proposed Rule will be prepared for Commission

< consideration by 7/1/81.

Task Leader:

E. Weiss, OSD, (301) 443-5913.

O

_ _.- Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 50 45 FR 45916 Domestic Licensing of Comments by 9/8/80.

33 7/8/80 Production and UtiTTiation comments received. One facilities; fechnical commenter opposed a rule Specifications for Nuclear change while all others Power Reactors.

Io amend supported the concepts current regulations set forth in the notice.

pertaining to technical The staff is evaluating the specifications for nuclear comments and will draft a power reactors to (1) proposed rule.

Target Date establish a standard for for Commission action-deciding which items 8/81.

derived from the safety analysis report must be Task Leader:

J. Wetmore, incorporated into tech-NRR, (301) 492-8935.

nical specifications, (2) modify the definitions of categories of technical specifications to focus more directly on reactor operation, (3) define a new category of requirements that would be of lesser immediate significance to safety than technical specifications, and (4) establish appropriate con-ditions that must be met by licensees to make changes to the requirements in the new category without prior NRC approval.

.4 e

Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 50, 51, 45 FR 50350 Advance Notice of Rule-Comments by 9/29/80.

68 100 7/29/80 making Revision of Reactor comments received.

A large 5iting Criteria.

Io majority of the commenters request public comment on were critical of criteria the possible alternative which would separate siting approaches for modifica-from engineered features and tion of the existing they also questioned the criteria for the siting need for more remote siting of nuclear power reactors.

of plants. Majority of comments came from the nuclear industry.

Target Date for Commission action lonprcposedrule:

4/81.

Task Leader:

R. Grill, 050, (301) 443-5966.

50 45 FR 65474 Domestic Licensing of Comments by 12/31/80. 46 10/2/80 Production and Utiliza-comments have been received, tion Iacilities; Con-most of which expressed sideration of Degraded or opposition to the Staff's Melted Cores in safety proposal.

Staff reviewing Regulations.

10 determine comment.s in preparation to what extent commercial for start of preliminary nuclear power plants rule drafting effort, should be designed to cope Target Date:

Staff expects with reactor accidents to submit plan for future beyond those considered in action to Commission 4/81.

the current " design basis accident" approach.

Task Leader: M.S. Medeiros, Jr.

050, (301) 443-5913.

9

_ _ _ _ _ _ _ _ _ _ _ _ Federal 10 CFR Affected Register Part__

Parts Citation Subject Action Commission Information 50 45 FR 81602 Domestic Licensing of Comments by 2/9/81.

12/11/80 Production and Utilization Facilities; Design and Task Leader:

W. Minners, Other Changes in Nuclear NRR. (301) 492-7581.

Power Plant Facilities After Issuance of Construction Permit.

An advance notice to define more clearly the limita-tions on a construction permit holder to make changes in a facility during construction.

Also see Parts 2 and 30 above 51 Licensing and Regulatory Policy and Procedures for Environmental Protection See Part 50 above

=

. Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 60 Disposal of liigh-Level Radioactive Wastes in Geologic Repositories; Proposed Licensing Procedures.

60 45 FR 31393 Technical Criteria for Comments by 7/14/80.

25 5/13/80 Regulating Geologic comments received as of Disposal of High-Level 7/21/80. Overwhelming major-Radioactive Waste.- To ity of commenters generally inform the public and support the regulation and interested parties con-suggest revisions.

This is cerning the status of a very complex regulation in efforts related to the a totally new area with which development of technical the NRC has no previous criteria to become Part 60.

experience.

Staff reviewing comments and seeking addi-tional data to maintain progress on this rulemaking.

l Target Date for Commission action:

3/81.

Task Leader:

P. Comella, OSD, (301) 443-5987.

O

-. Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 61 Management and Disposal of Low-Level Wastes by Shallow Land Burial and Alternative Disposal Methods 61 44 FR 49811 Management and Disposal Comments by 12/26/78.

34 The staff will make 10/25/78 of Low-level Wastes.

To comments received.

Target a recommendation to add a new Part 61 which Date for Commission Action:

the Commission to specifies a regulatory April 1981. A draft publish the regula-program for management of of the regulation has been tion as a Notice of low-level radioactive written and was sent to a Proposed Rulemaking wastes.

wide spectrum of individ-with attendant EIS.

uals for comment in 11/79.

Target date for A notice of availability issuance of proposed was issued 2/28/80 in rule and draft EIS order to make the draft is April 1981.

available to a wioer cross-section of individuals for comment.

A contractor has been engaged to write the EIS.

Public workshops were held in May, July, and November 1980 to discuss the November 1979 draft.

Task leader:

R. D. Smith, NMSS, (301) 427-4433.

70 Domestic Licensing of Special Nuclear Material See Part 30 above o

O

_ _ Federal 10 CFR Affected Register Part Parts Citation Subject Action Commission Information 100 Reactor Site Criteria 100 43 FR 2729 Seismic and Geologic Siting Comments by 3/1/78.

34 Siting policy task 1/19/78 Criteria.

Appendix A.

comments received.

Nearly force recommended Regarding the planned-all of the commenters revision of Part reassessment of current supported the proposed 100 in several areas, seismi.c. criteria.

revision of the rule.

including Appendix A, further action postponed

" Seismic and Geologic pending revision of Siting for Nuclear several related areas of Power Plants."

Part 100. Action on this SECY-79-300 informed task will be delayed for Commission regarding at least three years.

staff reassessment of Appendix A.

At Also see Part 50 above.

Task Leader: L. Beratan, FY81 budget briefing, OSD, (301) 443-5988, staff indicated that, due to high prior-ities for low-level and high-level waste programs, work on Appendix should be indefinitel postponed. y d

.