ML20045F616
| ML20045F616 | |
| Person / Time | |
|---|---|
| Issue date: | 06/28/1993 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| REF-10CFR9.7 NUDOCS 9307080149 | |
| Download: ML20045F616 (2) | |
Text
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RELEA. SED TO THE PDR UNITED STATES
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NUCLEAR REGULATORY COMMISSION
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,p June 28, 1993 OFFICE OF THE SEC R E T AR Y MEMORANDUM FOR:
James M. Taylor Executive Director for Operations
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FROM:
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Chilk, Secretary
SUBJECT:
SECY-93-136 - UPDATE ON THE RESOLUTION OF THE UTAH LAND OWNERSHIP-ISSUE This is to advise you that the Commission (with all Commissioners agreeing) has approved the course of action recommended by the staff.
The draft letter to the State of Utah should be modified to reflect that the Commission decided this matter and a copy of the SECY paper and this memorandum should be enclosed.
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If, as the Commission understands the case to be, the trust fund applies only to the non-mixed low-level wastes, in describing the situation in Utah in.the future, the staff should make this distinction clear, since separate funding arrangements have been made for the mixed waste portions of the site.
The letter to the State should suggest that it consider whether it snould require some level of trust fund to support the potential activities contained in the deed covenants after the license is terminated.
The plans indicate that the entire remaining trust would be returned to the licensee when the licensee has met the requirements for license termination.
Such funding would be a reasonable additional-level of compensation for government ownership that, while not necessary, would be prudent.
l In addition, the staff should prepare and publish an advanced notice of proposed rulemaking which would seek public input on the advisability of proceeding with rulemaking to reflect the Commission decision in this case in a generic manner in 10 CFR Part 61.
In the ANPR the staff should iterate the basis for the original requirement for government land ownership and ask for SECY NOTE:
This BRM and the subject SECY paper will be made publicly available upon transmittal of the letter to Utah.
93070B0149 930628 PDR 10CFR I Q' PT9.7 PDR d
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. public comments on whether it should continue to be required in light of the Utah decision while noting that such ownership is not required for hazardous material disposal sites and sanitary _
land fills.
The advantages and disadvantages c* codifying the options for alternatives to government ownership should be fully developed in conjunction with the notice.
The staff should carefully consider all input in providing a recommendation to the Commission on a proposed rule.
(EDO)
(SECY SUSPENSE:
3/94) cc:
The Chairman Commissioner Rogers Commissioner Curtiss Commissioner Remick Commissioner de Planque OGC t
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