ML20028F566
| ML20028F566 | |
| Person / Time | |
|---|---|
| Issue date: | 01/24/1983 |
| From: | Kammerer C NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Garn J SENATE |
| Shared Package | |
| ML20028F567 | List: |
| References | |
| NUDOCS 8302020193 | |
| Download: ML20028F566 (7) | |
Text
9.
January 24, 1983 The Honorable Jake Garn United States Senate Hashington, D.C.
20510
Dear Senator Garn:
I an responding to your December 13, 1982 letter to Chaiman Palladino which expresses your concern regarding the inpact of NRC requirenents on uraniun nilling companies.
On October 3,1980, the Connission approved new uraniun nill licensing require-nents as Appendix A to Title 10, Part 40, Code of Federal Regulations. Appendix A sets forth criteria relating to the operation of uranium nills and the dispo-sition of resulting tailings and wastes.
These requirements represent a con-solidation of those technical and financial criteria which NRC believes should be used to assure protection of public health and safety from nill operations and tailings disposal. As you are probably aware, the requirenents are.not now in effect due to restrictions in the FY 82 NRC Appropriations Bill whicn reuain in effect by virtue of House Joint Resolution 631 continuing appropriations for FY 83. Although the FY 83 Authorization Act for NRC allows the regulations to go into effect after certain modifications to confom to the Act, specific reprograming authority from the Congress will be required before NRC can implement Appendix A. Prior to Congressional prohibition of the implenentation of these requircaents, sone (7 of 13 active) HRC nill licensees submitted detailed informtion documenting how their respective prograns would neet the technical and financial criteria listed in the Appendix.
When NRC action to comply with the Authorization Bill is completed, and subject to reprogranning authority fron Congress, NRC licensees will resune the necessary effort to either confom or document confomance with these regulatory changes. To date, no license fees have been imposed as a result of this rule change, and no sub-sequent license anendne ts have been incorporated into existing nill licenses.
As a separate action, the Comission has been inplementing a progran of upgrad-ing the health and safety and environmental programs at uranium nills over the past few years. Generally, however, this has been done in conjunction with the periodic (5 year) renewal of the nill's license and has been in the fom of y
regulatory guidance which was developed by the NRC staff and distributed to d,
licensees from 1975 through the present.
More specifically, the tailing management criteria which were developed in !!ay of 1977 are being applied by [g A
g thc licensing staff.
In general, these criteria are very similar to those
/g pending in Appendix A.
In addition to providing updated infomation on the in-plant health and safety progran, licensees seeking renewal are required to h submit an updated environnental report which details prograns for protecting the environnent and for ultinate stabilization and reclamtion of tailings.
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U As required under the National Environnental Policy Act (NEPA) of 1969, the licensee's original environnental report provides a conprehensive analysis of the potential environnental inpacts of the nill operation and tailings reclana-tion and for many licensees did require the assistance of consultants. It should be recognized that this is a one time expense, for when subsequent renewals are considered, the NRC requires additional infomation only for those conditions that have changed since the original environmental report and the NRC's environnental statenent were issued.
Little additional environmental infomation is expected to be necessary during these subsequent renewals.
In' addition, all of the previously submitted health and safety infomation can be incorporated by reference, to the extent that it is still applicable.
This clininates costly resubmittal of existing infomation. Thus, it is our goal to reduce as nuch as possible the expense: and effort required to renew an exist-ing license.
The Connission does charge fees for reviewing applications for new licenses, amendments, and renewals. The Comission has proposed changes in its schedule of licanse fees.
Enclosed is a copy of the Federal Register Notice of the proposed rule change.
Under the proposed schedule, a uraniun milling conpany dpplying for a neW license or a itcense renewal will subnit an appiication fee of $150 to the Comission.
Every six nonths thereafter, until the review has been conpleted, the applicant will be billed for the professional staff hours and any contractual services costs expended during the period for the review of the application.
I hope the above infomation provides a satisfactory response to your concerns.
Sincerely, GTh.l!d G5:?cd 8y Carlton Kamerer, Director Office of Congressional Affairs
Enclosure:
10 CFR 170 Proposed Revision of Distribution Licensec Fee Schedules 47 FR 52454-52466 EDO 12591 JCollins, RIV ED0 r/f WDircks SECY 82-1230 DWeiss OCA LUnderwood SFields PDR ELD JDavis Revised in OCA due to incorrect n gue name. See previous concurrences GCunningham DGillen OCA JJLinehan RSmith 1/ /83 URF0 URF0 URF0 URF0 RIV ELD EDO
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s The Honorable E. J. Garn United States e e
Washington,~D.C. 20510
Dear Senator Garn:
I am responding to your December 13, 1982 letter to Chaiman Palladino which expresses your concern regarding the impact of NRC requirements on uranium milling companies.
On October 3,1980, the Cornission approved new uranium mill licensing requirements as Appendix A to Title 10, Part 40, Code of Federal Regulations.
Appendix A sets forth criteria relating to the operation of uranium mills and the disposition of resulting tailings and wastes. These requirements represent a consolidation. of those technical and financial criteria which flRC believes should be used to assure protection of public health and safety from s
mill operations and tailings disposal. As you are probably aware, the requirements are not now in'effect due to restrictions in the FY 82 NRC Appropriations Bill which remain in effect by virtue of House Joint Resolution 631 continuing appropriations for FY 83. Although the FY 83 Authorization Act for NRC allows the regulations to go into effect af ter certain modifications to confom'to the Act, specific reprogramming authority from the Congress will be requiredsbefore f1RC can implement Appendix A.
Prior to Congressional prohibition of the implementation of these requirements, some (7 of 13 active) ?!RC mill licensees submitted detailed infomation documenting how their respective programs would meet the technical and financial criteria listed in the Appendix. When NRC action to comply with the Authorization Bill is completed, and subject to reprogramming authority from Congress, NRC licensees will' resume the necessary effort to either confom or document confomance with these regulatory changes. To date, no license fees have been imposed as a result of this rule change, and no subsequent license amendments have been incorporated into existing mill licenses.
s As a separate action, the Commission has been implementing a program of upgrading the health and safety and environmental programs at uranium mills over the past few years. Generally, however, this has been done in conjunction with the periodic (5 year) renewal of the mill's license and has s
been in the fom of regulatory guidance which was developed by, the NRC staff and distributed to licensees from 1975 through the present. !! ore specifically, the tailing management criteria which were developed in llay of 1977 are being applied by the licensing staff.
In general, these criteria are very similar to those pending in Appendix A.
In addition to providing updated information on the in-plant health and safety progran, licensees seeking renewal are required to submit an updated environmental report which omce >
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details pr\\ograms for protecting the environment and for ultimate stabilizatioq and reclamation of tailings. This updated report provides the basis for the\\NRC to prepare an environmental impact assessment.
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. As required undk the National Environnental Policy Act (flEPA) of 1969, the licensee % original environmental report provides a comprehensive analysis of the potential envi'rgnmental impacts of the mill operation and tailings reclanation and for many licensees did require the assistance of consultants.
It should be recogniz'ed that this is a one time expense, for when subsequent renewals are considered, the flRC requires additional information only for those conditions that ha've changed since the original environmental report and the NRC's environmental statement were issued.. Little additional environmental information is, expected to be necessary during these subsequent renewals.
In addition, all of the previously submitted health and safety information can be incorporated by reference, to the extent that it is still applicable. This eliminates costly resubmittal of existing information.
Thus, it is our goal to reduce as'much as possible the expenses and effort required to renew an existing licens The Commission does charge fees for reviewing applications for new licenses, amendments, and renc. 31s. The Conmissio~n,has proposed changes in its schedule of license fees.
Enclosed is a copy of the Federal Register Notice of the proposed rule change. Under the proposed schednle, a uranium milling company applying for a new license or a license renewal will submit an application fee of $150 to the Commission. Every six months thereafter, until the review has been completed, the applicant will be billed for the professional staff hours and any contractual services costs expended during the period for the review of the application.
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I hope the above information provides a satisfact. cry' response to your concerns.
y Sincerely,
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(Signeni!!iam L Dids
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William J. Dircks Executive Director for Operations
Enclosure:
Distribution:'
10 CFR 170 Proposed Revision of E00'12591 GCunningham Licensee Fee Schedules ED0 r/f DGillen 47 FR 52454-52466 SECY 82-1230 JJLinehan OCA RSmith SFields JCollins, RIV PDR WDircks 0CA ELD DWeiss Revised in EDO - see previous fjaue 3--'
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is a one time expense, for when subsequent renewals are considered, the NRC requires additional information only for those conditions that have changed since the environmental statement was issued. Typically, little additional environmental information is necessary.
In addition, all of the previously submitted health and safety information can be incorporated by reference, to the extent that it is still applicable. This does away with costly resubmittal of existing information. Thus, it is our goal to reduce as much as possible the expenses and effort required to renew an existing license.
The Commission does charge fees for reviewingdpplications for new licenses, amendments, and renewals. The Commission is' proposing to revise its schedule of license fees. Enclosed is a copy of the Federal Register notice of the proposed rule change. Under the proposed schedule, a uranium milling company applying for a new license or a license' renewal will submit an application fee of $150 to the Commission. Every six. months thereafter, until the review has been completed, the applicant will be billed for the professional staff hours and any contractual services costs. expended for the review of the application.
I hope the above information provides a satisfactory response to your concerns.
Sincerely, William J. Dircks Executive Director for Operations
Enclosure:
10 CFR 170 Proposed Revision of License Fee Schedules 47 FR 52454-52466 I
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