ML20052A818

Requests Written Legal Opinion of Listed Questions in Order to Revise Draft 10CFR61

ML20052A818
Person / Time
Issue date:	04/09/1982
From:	Rich Smith NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Fonner R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
FRN-46FR38081, REF-WM-4, RULE-PR-61 NUDOCS 8204290222
Download: ML20052A818 (2)

Text

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JSurmeier PDR QiFN SN (W#14 Office of the Executive Legal Directo'rp]_j!?

MEMORANDUM FOR: Robert Fonner

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R. Dale Smith, Chief k

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Low-Level Waste Licensing Branchi, 7 5$

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1 REQUEST FOR LEGAL CLARIFICATION 0 im CFR'% rhi 3

SUBJECT:

PART 6 f

si We have received several public comments on the financial responsibility requirements proposed in 10 CFR Part 61.

In order to be in a better position to revise the draft of 10 CFR Part 61, we would like your written legal opinion on the following questions. Because of the short deadlines, we would appreciate yrur response by.criday, April 16, 1982.

1.

Section 484 of Title 31 of the U.S. Code of Federal Regulations states that "the gross amount of all money received from whatever source for the use of the United States...shall be paid by the officer or agent receiving the same into the Treasury, at as early a day as practicable..." Does this regulation require the Commission to remit to the U.S. Treasury any funds that were collected from f nancial assurance mechanisms for site closure obtained in the event of licensee default?

2.

If the Commission does lack the authority to dire y receive funds, does the Commission have the authority to require the LLW site owner to directly receive funds from short term financial assurances transmitted when the licensee is unable to perform the required c'osure and stabilization activities?

3.

In the event of license bankruptcy and where a site has deteriorated to the point where health and safety are compromised, what are our legal options for site responsibility? Can we require: (a) the site owner to become a licensee at the site; (b) 00E to assume responsibility for such a site?

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DATE :82/04/08

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.APR 9 1982 202/MJS/82/07/1

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4.

Does the Commission have the authority pursuant to the health and safety provisions of the Atomic Energy Act to require third-party liability insurance of low-level radioactive waste disposal licensees?

Thank you for your help in this matter.

uginal Signed by ale Smith R. Dale Smith, Chief Low-level Waste Licensing Branch Division of Waste Management I

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DATE

82/04/08 82/04/ % :