ML20024H375
| ML20024H375 | |
| Person / Time | |
|---|---|
| Issue date: | 04/23/1991 |
| From: | Curtiss J NRC COMMISSION (OCM) |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| NUDOCS 9106030172 | |
| Download: ML20024H375 (6) | |
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A F F I R H A T I_0_M V 0 1 E,....
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SAMUEL J. CHILK, SECRETARY OF THE C0f41ISSION FROM:
C0l41ISSIONER CURTISS
SUBJECT:
SECY-91-091 - FEDERAL REGISTER NOTICE AND C01411SSION ORDER ON LOUISIANA ENERGY SERVICES' APPLICATION FOR LICENSE APPROVED fd5 Nts-DISAPPROVED ABSTAIN NoT PARTICIPATING REQUEST DISCUSSION C0141ENTS:
See attached comments,
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$o86 08Fy 91-091 PDR RELEASE VOTE
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April 23, 1991 DATE WITHHOLD VOTE
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ENTERED ON "AS" YES x
No
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l Commissioner Curtiss'~ Comments on SECY-91-091:
I approve the course of action proposed in SECY-91-091, subject to.the following:
- 1. The proposed notice and order should be modified explicitly to address compliance with additional applicable regulations in 10 CFR-Parts 19 20-and 21.
The discussion of these regul'ations should include a discussion as to how anticipated compliance with the revised Part 20 will be addressed.
2.
The notice should summarize the options and issues presented in SECY-91-019 concerning the disposition of the depleted uranium tails.
The discussion should indicate that technical, financial and insurance provisions and resources to accommodate alternatives for. dealing with these wastes should be addressed by the applicant.
3.
In 1988, the NRC issued an Advanced Notice of Proposed Rulemaking (ANPR) and asked for comments on General Design.
Criteria that were being proposed for_ uranium enrichment facilities.
The staff summarized the comments on that ANPR in SECY-89-1074 and provided brief responses to those comments in SECY-89-347.
In view of the fact that we propose to adopt and impose on LES the General Design Criteria that were set forth in th ; ANPR, this notice should indicate that summaries of the comments on the General Design Criteria and the NRC's responses thereto are provided in SECY-89-107 and SECY-89-347, and those papers should be made available to the public.
Additional edits to the proposed notice and order are noted on the attached pages.
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II.
NOTICE OF HEARING Section 193 of the Atomic Energy Act of 1954, as amended (or the Act),
1.
d tion Incontives amended by the Solar, Wind, Waste, and Geothermal Pcwer Pro uc i
requires a single adjudicatory hear ng on 101-575),
Act of 1990 (Public Law The Commission the record for the licensing of uranium enrichment facilities. i in has determined that its regulations for the conduct of licensing hear ngs li 10 CFR Part 2, Subparts G and I, are adequate and appropriate f or comp y Accordingly, the Commission is ordering that with the statutory requirement.
t G, and a hearing be conducted according to the rules of procedure in Subpar t I.
The to the extent that classified information becomes involved, Subpar applicant and NRC staff shall be parties to the proceeding.
Pursuant to Section 191 of the Act, the hearing shall be conducted by an i
f Atomic Safety and Licensing Board (or the Board) appointed by the Cha rman Notice as to the membership of the Atomic Safety and Licensing Board Panel.
date.
the Board will be published in the FEDERAL REGISTER at a later 189, 191, and 193 The hearing will be held under the authority of SectionsRacNcc for Dcme 2.
20h4,cf g ed s of the Act, and 10 CFR Part 2 for-4he-awuancoof-bypeoducteourca Procee&ss-sphmefear-materfai-Heemeg The matters of f act and law to be considered are whether the applicati 3.
70.23, and the satisfies the standards set forth in 10 CFR 30.33, 40.32, and his Notice, and special standards and instructions set forth in Section III of tSh5 t ed -
i whether the requirements of 10 CFR Part 51 have been emp 7
- - ~ ' - - - - ~ - - - - -, _ ~,
- j If this proceeding is not a contested proceeding, as defined by 10 CFR
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4.
2.4h, the Board will determine the following, without conducting h
(1) whether the application and record of the evaluation of the application:
i proceeding contain suf ficient information and whether the NRC staf of the application has been adeqate to support findings to be made by the Director of the Division of Industrial and Medical Nuclear Safety, with re to the matters set forth in paragraph 3 of this section, and (2) whether the the review conducted by the NRC staf f pursuant to 10 CFR Part 51 has bee acequate.
Regardless of whether the proceeding is contested or uncontested, th 5.
Board will, in its initial decision, in accordance with Subpart A of Part determine whether requirements of section 102(2)(A), (C), and (E) of N Subpart A of Part 51 have been complied with in the proceeding; in consider final balance among conflicting f actors contained in the reco proceeding with a view to determining the appropriate action to determine whether a license should be issued, denied, or conditioned the environment.
If the proceeding becomes a contested proceeding, the Board shall m 6.
With respect findings of fact and conclusions of law on admitted contentions, to matters set forth in paragraph 3 of this section but not covered by forth in admitted contentions, the Board will make the determin PJdvabCO Cf paragraph 4 without condu ting a de novo revi
s 14 reconsider must be filed within 60 days af ter the person or entity is admitted
-as a party or admitted as a participant under 2.715(c) to the proceeding, or by 180 DAY DATE, whichever comes first.
The petition must contain all technical or other arguments to support the petition.
Although pr'itions will be presented to the Commission, and not to the Atomic Safety and Licensing Board, the procedures of 10 CFR 2.730 shall be followed.
i IV.
APPLICABLE RULES AND REGULATIONS
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The Commission notes that several rules and regulations codified in 10 CFR
/1 Chapter I are applicable by the terms of their scope to the licensing of a person to receive, possess, use, transfer, deliver, and process byproduct, ties that would be possessed source, and special nuclear material in the quant.i,ctl% ffWwx1, sjtegic Apwnj Ik Iff?u at the Claiborne Enrichment Center.
Umse regulations are to be appTied A
according to their terms as follows:
1, 10 CFR Parts 30, 40 and 70, for the licensing of byproduct, source and special nuclear material, including decommissioning funding.
In accordance with the Atomic Energy Act of 1954, as amended, the Commission will license and regulate byproduct, source, and special nuclear material at the Claiborne Enrichment Center.
This results from the terms of P.L. 101-575 which, in amending the definition of a production facility in the Act, only excluded uranium enrichment from the licensing requirements for a production facility as used in Chapters 10 and 16 of the Act.
Thus, CEC remains a production facility for the purpose of all other Chapters of the Act.
Chapter 19 includes the Agreement State program which, in Section 274 c.(1), requires the Commission to retain authority and responsibility for the regulation of production facilities.
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agg 15 Therefore, in compliance with law, the Commission will be the sole licensing and regulatory agency with respect to byproduct, source, and special nuclear material for the Claiborne Enrichment Center, and with respect to the control and use of any equipment or device in connection therewith.
2.
10 CFR Part 51, for the preparation of an environmental report and an environmental impact statement for a materials license.
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10 CFR Part 71, for packaging and transportation of special nuclear material.
4.
10 CFR Part 73, for the physical protection of special nuclear material.
5.
10 CFR Part 74, for the material control and accounting of special nuclear material, including the proposed rules applicable to uranium enrichment published in the FEDERAL REGISTER for comment on December 17, 1990 (55 FR 51726).
If the proposed rules are not final by the time the hearing is completed, a license, if issued, will be amended as appropriate to conform to the final rule.
6.
10 CFR Part 25, for gran'.ing access to classified information.
Portions of LES' application for a license are classified Restricted Data or National Security Information.
Persons needing access to those portions of the application will be required to have the appropriate security clearance for the level of classifed information to which access is required.
Access to certain classified Third Agency or Foreign Government Information may be subject to special controls and require the prior approval of the Director, Division of Security.
These requirements apply equally to intervenors, their witnesses and counsel, employees of the applicant, its witnesses and counsel, NRC personnel,