ML20009B973
| ML20009B973 | |
| Person / Time | |
|---|---|
| Issue date: | 06/29/1981 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | Dingwell J HOUSE OF REP., ENERGY & COMMERCE |
| Shared Package | |
| ML20009B970 | List: |
| References | |
| NUDOCS 8107200102 | |
| Download: ML20009B973 (9) | |
Text
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f UNITED STATES J'h NUCLEAR REGULATORY COMMISSION
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WASHINGTON, D. C. 20555 4
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June 29, 1981 I
CHAIRMAN The Hono 2 ole John Dingell, Chairman Conmittte on Energy and Comerce United States House of Representatives Washington, D. C.
20515
Dear Mr. Chairman:
This is in response to your June 5,1981 letter concerning regulatory reform and the independence of regulatory agencies from Presidential control, and requesting specific infonnation concerning the Nuclear Regulatory Commission's rulemaking process. The Commission's responses to the specific questions you have posed are attached.
If the Commission can be of further assistance to you on this matter, please do not hesitate to contact us.
Sincerely, h M. Hendrie
Attachment:
As stated cc:
Rep. James T. Broyhill 8107200102 sto60s PDR COMMS NRCC CORRESPOPOENCE PDR
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Question 1:
Please provide to us a copy of all letters, memoranda, or other documents issued by any official of the Executive Branch requesting that your agency voluntarily or otherwise submit proposed rules, regulations or similar actions to the Office of Management and
- Budget for pre-clearance.
If any such request was related to an Executive Order, please identify that order.
Answer:
The Vice President, George Bush, in a letter to Chairman Hendrie dated March 25, 1981, requested that NRC adhere to Sections 2 and 3 of Executive Order 12291.
Section 3 of that Order provides, in part, for submission of rules, along with Regulatory Impact Analyses, for OMB review prior to publication of notice of proposed or final rulemaking. is a copy of the Vice President's letter.
Question 2:
Please identify and describe any other procedures with which you have been asked to comply in adopting rules and regulations. ~ We are specifically concerned with the cumulative effects of all of the recent so-called regulatory reform legislation on your ability to carry out your statutory mandate in a timely and cost-effective manner.
Answer:
In addition to the procedures specified in NRC's enabling legislation -
i.e.
the Atomic Energy Act of 1954 as amended and the Energy Reorganization Act of 1954 as amended - and in the Administrative Procedure Act, the Commission in adopting rules and regulations must also comply with, or has been asked to comply with, procedures l
set out in the following:
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2 1.
N&tional Environmental Policy Act (PL 91-190):
Requires, among other things, the preparation of an environmental impact statement for any proposed regulation likely to have a significant impact upon the quality of the environment.
2.
Regulatory Flexibility Act (PL 96-354):
Requires the preparation of an initial or final regulatory flexibility analysis for a proposed or final rule, as the case may be, if the rule is likely to have a significant economic impact on a substantial number of small entities.
The initial regulatory flexibility analysis must be submitted to the Chief Counsel for Advocacy of the Small Business Administration who monitors agency compliance with the Act.
3.
Paperwork Reduction Act (PL 96-511):
Requires submission for OMB approval of any proposed l
application, reporting, or record-keeping requirement j
affecting 10 or more persons. is OMB Bulletin No. 81-20, announcing the requirement of, and providing instructions for, the submission of FY 82 Information Collection Budgets.
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4.
E.O.
- 12044, Improving Government Regulations":
Now revoked by E.O.
12291 but still ir._,rporated to a limited extent in NRC rulemakin" procedures, required an agency to evaluate effects of proposed regulations, to consider and analyze alternatives before issuing rules and regulations, and to minimize the burdens on the public from compliance with agency requirements.
NRC agreed voluntarily to follow the principal provisions of E.O. 12044.
Question 3:
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Please describe to us the procedures you currently follow in adopting rules and regulations.
Answer:
1.
The need for a new regulation normally arises from:
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Congressional promulgation of a new statute requiring l
l new regulatory requirements; B.
Commission or staff initiative indicating a need for further regulation to resolve a safety, safeguards, or environmental problem; and C.
Commission receipt of a petition for rulemaking.
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4 2.
Action on a proposed regulation is normally asnigned to a member of the technical or legal staff most familiar with the subject area.
3.
In the case of a technical regulation, the staff percon responsible will review the problem and develop a preliminary range of alternatives designed to resolve the problem.
Discussions will also be held with the staff of other offices, including the Advisory Committee on Reactor Safeguards (ACRS), to obtain additional information and to refine the list of alternatives.
If the proposed regulation will have an impact on 5greement State licensees, the views of Agree-ment States will also be solicited early in the development process.
4.
At this point, a draft of the regulation is prepared and, in accordance with guidelines adopted by the Commission in July 1979, a value/ impact statement is also prepared.
If the proposed regulation is likely to have a significant economic impact on a substantial number of small entities or is likely to have a significant impact upon the quality of the environment, a regulatory flexibility analysis under the Regulatory Flexibility Act or an environmental impact statement under the National Environmental Policy Act (NEPA) is also prepared.
In addition, a TMI Action Plan review (an internal NRC analysis based on E.O. 12044) is conducted in conjunction with the value/ impact analysis."
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5 5.
The draft regulation, along with a Commission paper which explains the reasons for the proposed regulation and the value/ impact statement, is then circulated for review, and comment at the Division Director level, to the ACRS, and to other NRC offices which have knowledge concerning the subject of the regulation or which may be affected by, or otherwise interested in, the regulation.
6.
The responsible staff person then incorporates the comments received into the proposed regulation and, if necessary, meets with the staff of the other offices to resolve any problems or diIferences
'If in is not possible to resolve dif fering views between the of fices, a meeting may also be held at this point with the Executive Director for Operations (EDO) to resolve the issue.
Depending upon the complexity of tb.e issues, there may be several rounds of staff comments, and copies of the proposed regulation are also sent to the l
Agreement States for comment, if applicable.
f 7.
Af ter all of the of fice comments have been received, a l
revised package consisting of the Commission paper, the proposed regulation, and the value/ impact statement is sent to the offices for formal concurrence.
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6 8.
After the offices have had an opportunity to review the final package it is sent to the EDO for review and, if he agrees, for signature and transmittal to the Commission.
If disagreement remains between the offices, the EDO may again try to resolve the matter, or the dissenting position will also be sent to the Commission.
(For certain minor corrective or non-policy regulations, the EDO has been delegated the authority to issue the regulation himself.)
9.
If the regulation'c6ntains an application, reporting, or recordkeeping requirement affecting 10 or more persons, the proposed regulation with an accompanying statement is sent to the Office of Management and i
I Budget for clearance under the Paperwork Reduction Act.
10.
When the paper is received at the Commission,it is scheduled by the Office of the 'iecretary for Commission l
consideration, with or without oral presentations.
I Usually, the Cc tission meetings on these matters are open under the provisions of the Government in the Sunshine Act; in some cases such as those involving l
classified or safeguards matter, the meetings may be closed to the public.
Copies of the paper are sent to every Commission level office which may have an interest in the regulation.
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7 11.
The Commission may approve the proposed regulation as submitted by the EDO, approve subject to specifief. changes, disapprove the regulation enrirely, or direct the regulation be revised and resubmitted to the Commission for reconsideration.
The Commission's decision on a regulation is reflected in a Staff Requirements Memorandum issued by the Secretary.
12.
If approved, the proposed regulation is sent to the Office of the Federal Register for filing and publication.
The appropriate Congressional Committees with oversight responsibility over the NRC are notified and a public announcement may be Ifs [bjectto1 e Regulatory Flexibility Act, the issued.
regulation is sent to the Chief Counsel for Advocacy of the Small Business Administration.
If subject to NEPA, the i
environmental impact statement is published for public comment.
13.
After publication in the Federal Register, copies of the I
proposed regulation are sent to all affected licensees and I
to other interested persons who have requested to be placed on a mailing list for NRC notices.
14.
After the close of. the comment period on the proposed regulation, the responsible staff person analyzes the comments received, makes such changes as may be necessary in the regulation, and the above process is essentially repeated for the final rule.
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8 Question 4:
Please provide to us a copy of any letter, memorandum or other document issued by you in response to the aforementioned Executive request.
Also please describe any action you have taken as a result of the same.
Answer:
The Commission is considering the Vice President's request for compliance with E.O.
12291.
To date, no action has been taken as a result of the Executive Order or the Bush request.
The Commission did reply to President Carter's request for the Commission to initiate voluntarily a program incorporating the provisions of E.O.
12044.
The Commission agreed to comply with the spirit of that 0rder.
Tha't program, however, did not include submission of rules to the Office of Management and Budget.
Copies of our responses to President Carter are in Attachment 3.
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