ML20055C216

Informs of View That Proposed Changes to 10CFR20.403 or Changes of Similar Nature Require Use of Normal Notice & Comment Procedures Described in 10CFR2.804

ML20055C216
Person / Time
Issue date:	06/07/1988
From:	Treby S NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Dipalo A NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
Shared Package
ML20055C192	List: ML20055C191 ML20055C216 ML20055C229 ML20055C230 ML20055C233 ML20055C234 ML20055C246 ML20055C251 ML20055C252 ML20055C254 ML20055C255 ML20055C258 ML20055C261 ML20055D251 ML20055D255 ML20055D257 ML20055D265 ML20055D268 ML20055D279 ML20055D288 ML20055D289 ML20055D294 ML20055D296 ML20055D299 ML20055D305 ML20055D307 ML20055D308 ML20055D311 ML20055D312 ML20055D314 ML20055D316 ML20055D317 ML20055D319 ML20055D327 ML20055D335 ML20055D339 ML20055D349 ML20055D355 ML20055D358 ML20055D360 ML20055D363 ML20055D374 ML20055D377 ML20055D385 ML20055D408 ML20055D413 ML20055D417 ML20055D432 ML20055D438 ML20055D444 ... further results
References
FRN-55FR19890, RULE-PR-20, RULE-PR-30, RULE-PR-40, RULE-PR-70 AC-91-1-8, AC91-1-008, AC91-1-8, NUDOCS 8806170206
Download: ML20055C216 (1)

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. NUCLEAR REGULATORY COMMISSION 5

i,E; WASHINGTON, D. C. 20555 June 7, 1988 MEMORANDUM FOR:

Anthony J. DiPalo, Acting Chief -

Regulation Development Branch Division of Regulatory Applications Office. of Nuclear Regulatory Research FROM:

Stuart A. Treby, Assistant General' Counsel for Rulemaking and Fuel Cycle Office of the General Counsel

SUBJECT:

PROPOSED CHANGES TO 10 CFR 20.403 By memorandum dated May 27, 1988, you requested our views on whether changes to 10 CFR 20.403 being develo)ed by the Office of Research could be published as a final rule wit 1out first going through notice and comment procedures. We have reviewed the draft proposed changes which you enclosed with your memorandum.

It is our view that the proposed changes or changes of a similar nature require the use of normal notice and comment procedures.

In 10 CFR 2.804(d) the Commission has described the circumstances where it-will not apply notice and comment procedures. We do not think the proposed ~

changes to sec. 20.403 come within any of the exceptions of 2.804(d).

Although you indicate in your memorandum that these 3roposals are to clarify licensee reporting requirements, which might bring t1em within the

. interpretative rule exception of 10 CFR 2.804(d), we do not believe that the proposal can fairly be read as merely an interpretation of the existing regulation.

For example, the number of proposed changes to the subsections is substantial, new elements are introduced to the items to be reported, e.g._, " cost of disposal" to the concept of " damage to property" in subsections (a)(4) and (b)(4), the new methods to calculate damage proposed in subsection (a)(4)and(b)(4)andthefactthattheproposedrulerequires different calculations in each subsection.

Further, the deletion of the words "of discovery" from (b) could significantly alter the time at which a 4

licensee is required to report and seems to introduce an element of strict

. liability to the reporting obligation. There may well be licensees impacted by these proposed changes who would wish to comment.

In summary, in our view, the normal notice and comment procedures described

-in 10 CFR 2.804 should be followed to make the proposed or similar changes to sec. 20.403.

Oh0f g

Stuart A. Treby kN Assistant General Co nsel V

for Rulemaking and Fuel Cycle Office of the General Counsel

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