ML20050A698
| ML20050A698 | |
| Person / Time | |
|---|---|
| Issue date: | 03/23/1982 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Bickwit L, Dircks W, Kammerer C NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA), NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO), NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| REF-10CFR9.7 M820318, NUDOCS 8204020085 | |
| Download: ML20050A698 (5) | |
Text
IN RESPONSE, PLEASE REFER T0: M820318 fa cicg'o g
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UNITED STATES f"
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NUCLEAR REGULATORY COMMISSION
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March 23,1982 g((
OFFICE OF THE SECRETARY MEMORANDUM FOR: William J. Dircks, Executive Director for Operations W
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Leonard Bickwit, Jr., General Counsel Carlton C. Kamerer, Director, Congressional.1ffairs t
4, Joseph J. Fouchard, Dire x, Public Affairs
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c FROM:
Samuel J. Chilk, Secretg e
SUBJECT:
STAFFREQUIREMENTS-AFFjR TION SESSION 82-9,10:00 A M.,
THURSDAY, MARCH 18, 1982,4 COMMISSIONERS' CONFERENCE ROOM, D.C. OFFICE (OPEN TO PUBLIC ATTENDANCE)
I.
SECY-81-707 - Dr. Georae V. Taplin's Petition (PRM-35-1) Regarding 10 CFR Part 35, " Human Uses of Byproduct Material" The Comission, by a vote of 3-21 (Chairman Palladino, Comissioners Ahearne and Roberts approving; Comissioners Gilinsky and Bradford disapproving), approved a notice of proposed rulemaking which grants in part a petition for rulemaking by Dr. Taplin for an exception froin certain regulatory requirements for use of radioactive drugs.
The Comission requested that.
1.
the notice of proposed rulemaking (Enclosure 6 of the subject paper)
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be modified as in the 2/24/82 NRR memorandum and be published in the Federal Register; (RES)
(SECY Suspense: 4/12/82) l 2.
appropriate Congressional committees be rotified; (0CA/RES)
(SECY Suspense: 4/12/82) g 3.
a public announcement be issued; and (0PA/RES)
(SECYSuspense: 4/12/82)
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4.
the Federal Register notice be distributed to affected medical licensees and to other interested persons.
(RES)
(SECYSuspense: 4/26/82)
II.
SECY-82 Proposed Rulemaking, " Codes and Standards," 10 CFR 50.55a The Comission, by a vote of 5-0, approved a notice of proposed rulemaking f
2 to modify the Codes and Standards rule (10 CFR 50.55a) by referencing g
6 ASME codes regarding construction of certain s'afety system components and by removing obsolete provisions no longer applicable.
5 For all footnotes, see last page.
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8204020085 020322
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PDR 10CFR i
PT9.7 PDR
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2 In connection with his approval on this paper, Commissioner Roberts noted that a misstatement of fact appears on page 7, first full sentence of to the subject paper, and requested the ED0 to explain how this number was derived.
(RSS)
(SECY Suspense:
3/29/82) l The Commission requested:
1.
the notice of proposed rulemaking (Enclosure 1 of the subject paper) be modified:
a.
as indicated in tM correction notice dated March 8,1982; b.
by inserting the language in Attachment 1; and c.
by correcting the statement on page 7 referenced above and revising the Regulatory Flexibility Statement if required; 2.
the notice of proposed rulemaking be published in the Federal Regisi;er; (RES)
(SECY Suspense: 4/12/82) 3.
the ED0 publish the amendments in final form; if no significant adverse comments or questions have been received on the notice of proposed rulemaking and no substantial changes in text are indicated; (RES)
(SECY Suspense: '7/12/82) 4.
the appropriate Congressional comittees be notified; (OCA/RES)
(SECY Suspense: 4/12/82) 5.
the FRN be distributed to power reactor licensees / permit holders, applicants for a construction permit for a power reactor, public interest groups, and nuclear steam system suppliers; and (ADM/RES)
(SECY Suspense: 4/26/82) 6.
the Chief Counsel for Advocacy of the Small Business Administration be informed that the Comission has certified that this final rule will not have a significant economic impact upon a substantial number of small entities as required by the Regulatory Flexibility Act (5 U.S.C. 605(b)).
(RES)
(SECY Suspense: 4/12/82)
III. SECY-82 Devine FOIA Appeal (82-A-1C) Regarding OIA Zimer Report The Comission, by a vote of 4-03 (Commissioner Bradford not participating),
denied an appeal by Thomas Devine of the Government Accountability Project for access to four documents relating to the Commission's deliberations.
on the Office.of Inspector and Auditor's Zimmer report.
The Commission reauested that the Secretary dispatch a letf.er (Attachment 4 to the subject paper) to Mr. Devine informing him of the denial.
(Subsequently, the Secretary signed the letter.)
i
3 IV. SECY-81-625 - Final Rule on Intransit Physical Protection of Special Nuclear Material of Moderate Strategic Significance (10 CFR Part 73)
The Commission, by a vote of 4-03 (Commissioner Bradford not participating),
approved in final form amendments to 10 CFR Part 73 providing for improved early detection of theft of special nuclear material of moderate strategic significance while in transit.
The Commission requested that:
1.
the amendments be modified as in the March 8,1982 OPE memorandum and be published in the Federal Register; (NMSS)
(SECY Suspense: 4/30/82) 2.
. Regulatory Guide 5.59 be amended as necessary in accordance with the changes in the regulation; (NMSS/RES)
(SECY Suspense: 8/31/82) 3.
the appropriate Congressional committees be notified; (OCA/NMSS)
(SECY Suspense: 4/30/82) 4.
the final rule be distributed directly to affected licensees; and (ADM/TIDC)
(SECY Suspense:
5/14/82) 5.
the Chief Counsel for Advocacy of the Small Business Administration be informed that the Commission has certified that this final rule will not have a significant economic impact upon a substantial number of small entities as required by the Regulatory Flexibility Act (5 U.S.C. 605(b)).
(NMSS)
(SECY Suspense: 4/30/82)
Attachment:
Modifications to SECY-82-74 I
cc: Chairman Palladino l
Commissioner Gilinsky Commissioner Bradford l
Commissioner Ahearne l
Commissioner Roberts l
Commission Staff Offices ACRS ASLBP ASLAP PDR(Advance)
DCS-016 Phillips O
4 I Section 201 of the Energy Reorganization Act, 42 U.S.C. 65841, provides that action of the Commission shall be determined by a " majority vote of the members present."
Commissioners Gilinsky and Bradford were not present when this item was affirmed, but had previously indicated that they would disapprove.
Had Commissioners Gilinsky and Bradford been present, they would have affirmed their prior votes. Accordingly, the formal vote of the Commission was 3-0 in favor of the decision.
2Section 201 of the Energy Reorganization Act, 42 U.S.C. s5841, provides that action of the Commission shall be determined by a " majority vote of the members present." Commissioners Gilinsky and Bradford were not present when this item was affirmed, but had previously indicated that they would approve. Had Connissioners Gilinsky and Bradford been present, they would have affirmed their prior votes.
Accordingly, the formal vote of the Commission was 3-0 in favor of the decision.
3Section 201 of the Energy Reorganization Act, 42 U.S.C. 85841, provides that action of the Commission shall be determined by a " majority vote of the members present." Commissioner Gilinsky was not present when this item was affinned, but had previously indicated that he would approve.
Had Commissioner Gilinsky been present, he would have affinned his p-ior vote. Accordingly, the formal vote of the Commission was. 3-0 in favor of the decision. _~
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O MODIFICATIONS TO SECY-82-74 1.
Add this paragraph after the last full paragraph on page 3 of :
Presently, other parts of the ASME Nuclear Code (Section III), not incorporated by reference in 550.55a cover metal containments, component supports, core support structures and concrete vessels.
It is the intent of the Commission to incorporate by reference all parts of the ASME Nuclear Code after appropriate evaluations and as adequate experience with use of each part of the code, confirm their acceptability.
2.
Add this sentence after the first sentence of the first full paragraph on page 4 of Enclosure 1:
These paragraphs are included only to define the boundaries of Class 2 and Class 3 systems and do not.necessarily relate to rules for assuring operability or inservice testing of components.
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