ML20055D457

Comments on Proposed Rulemaking 10CFR20.403 Re Notification of Incidents

ML20055D457
Person / Time
Issue date:	01/22/1990
From:	Jordan E NRC OFFICE FOR ANALYSIS & EVALUATION OF OPERATIONAL DATA (AEOD)
To:	Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
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References
FRN-55FR19890, RULE-PR-20, RULE-PR-30, RULE-PR-40, RULE-PR-70 AC91-1-054, AC91-1-54, NUDOCS 9007060326
Download: ML20055D457 (1)

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MEMORANDUM FOR:

Eric S. Beckjord, Director Office of Nuclear Regulatory Research FCCM:

Edward L. Jordan, Director Office for Analysis and Evaluation of Operational Data

SUBJECT:

PROPOSED RULEMAKING - NOTIFICATION OF INCIDENTS 10 CFR 20.403 AEOD's comments on the subject rulemaking are as follows:

1.

The new reporting requirements do not apply to power reactors.

Therefore, they are not backfits under the provision of 50.109 and, further, they do not require CRGR review.

2.

The " unnecessary" reporting requirements that currently apply to power reactors (e.g., $2000 equipment damage) are being proposed for deletion.

The CRGR charter requires CRGR review of relaxations in requirements for power reactors.

The CRGR staff has reviewed the package and proposed that the CRGR approve it on a negative consent basis.

I will inform you of the CRGR's determina-tion on this proposal by separate correspondence in 10 days.

3.

The question of whether the new reporting requirements apply to research reactors does not appear to have been adequately considered.

The proposed deletion would relieve research reactors of some reporting requirements that are not compensated for by other NRC regulations, e.g., 10 CFR 50.72 which does not apply to research reactors.

The proposed new reporting requirements of Part 30, 40 and 70 would appear to provide adequate coverage, if they apply. We recommend adding explicit statements to make it clear that they do apply to research reactors.

In this case the requirements now contained in 10 CFR 20.403 can be deleted.

4.

The backfit analysis discussion in the proposed statement of considerations makes reference to an internal memorandum that provided legal advice to a commissioner. We recommend that the backfit discussion avoid citation of an internal memorandum as the authority for the decision.

This question needs to be resolved to the satisfaction of OGC.

In summary, if it is made clear that the new reporting requirements are made applicable to research reactors, we concur in the proposed revisions.

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