ML20057B657
| ML20057B657 | |
| Person / Time | |
|---|---|
| Issue date: | 09/21/1992 |
| From: | Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20057B646 | List: |
| References | |
| FOIA-93-156 NUDOCS 9309230082 | |
| Download: ML20057B657 (5) | |
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SEP 213993 MEMORANDUM FOR:
James M. Taylor Executive Director for Operations FROM:
Eric S. Beckjord, Director Office of Nuclear Regulatory Research
SUBJECT:
COMMISSION PAPER ON DENIAL OF PRM-60 PETITION FOR RULEMAKING FROM THE STATES OF WASHINGTON AND OREGON REGARDING CLASSIFICATION OF THE HANFORD RADI0 ACTIVE WASTE Enclosed for your signature is the Commission paper entitled " Denial of PRM-60 Petition for Rulemaking From the States of Washington and Oregon Regarding Classification of Radioactive Waste at Hanford."
Backaround: The Nuclear Regulatory Commission (NRC) received a petition from the States of Washington and Oregon. The States requested that the NRC establish a process, outlined by them, to regulate the processing and separation of certain defense wastes at Hanford, Washington. The petitioners also proposed that the NRC change its definitions of high-level waste (HLW) and HLW facility in 10 CFR Part 60. The staff has exarained the petition in light of existing regulations and the available facts, including 'nformation received during a recent meeting with DOE which was held on July 16, 1992.
The staff concluded that the current NRC involvement with DOE in their processing of the Hanford wastes is appropriate. Further, the current definitions of HLW and HLW facility in 10 CFR Part 60 also appear adequate for NRC purposes. Hence, the staff recommends that this petition be denied.
Also, the Office of Nuclear Materials Safety and Safeguards has drafted a letter to be transmitted to DOE (Enclosure 2 to the Commission paper), which provides the staff's perspective of the information from the aforementioned July 16,1992 meeting with D0E. The letter reiterates our understanding that DOE would segregate the largest practical amount of total site activity attributable to "first cycle solvent extraction, or equivalent" for disposal as HLW.
Public Comments: The NRC issued a " Notice of Receipt of the States' Petition" for public comment, and received letters from 12 commenters. Two letters were from other Federal agencies (DOE and EPA), two were from public interest groups, one was from a nuclear industry corporation (Westinghouse), and seven were from private individuals. Most comments were opposed to the petition. A full discussion of the comments and the staff responses to them is included in the Draft Federal Register Notice (Enclosure 1 to 1the Commission paper).
Backfit Analysis: The staff has determined that a backfit analysis is not required for this petition.
9309230082 930504 FOIA PDR PDR FACARDS93-156
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Coordination:
The Offices of Administration, Nuclear Material Safety and Safeguards, State Programs, and Public Affairs concur on the Commission paper and its enclosures. The Office of the General Counsel has no legal objection.
OMCINAL SIGND BY Eric E. Beckjord, Director Office of Nuclear Regulatory Research
Enclosure:
Commission paper f-1 1
Distribution:
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2 SEP 21 1992 James M. Taylor The Offices of Administration, Nuclear Material Safety and Coordination:
Safeguards, State Programs, and Public Affairs concur on the Comission paper The Office of the General Counsel has no legal objection.
and its enclosures.
Eric S. Beckjor, Director Office of Huclear Regulatory Research
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MEMORANDUM FOR:
James M. Taylor Executive Director for Operations FROM:
Eric S. Beckjord, Director Office of Nuclear Regulatory Research COMMISSION PAPER ON DENIAL OF PRM-60 PETITION FOR
SUBJECT:
RULEMAKING FROM THE STATES OF WASHINGTON AND OREGON REGARDING CLASSIFICATION OF THE HANFORD RADIDACTIVE WASTE Enclosed for your signature is the Commission paper entitled " Denial of PRM-60 Petition for Rulemaking From the States of Washington and Oregon Regarding Classification of Radioactive Waste at Hanford."
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pg 1 11EMORANDUM FOR: Eric S. Beckjord, Director Office of Nuclear Regulatory Research FROM:
Patricia G. Norry, Director Office of Administration 0FFICE CONCURRENCE ON DENIAL OF PETITION FOR
SUBJECT:
RULEMAtlNG(PRM-60-4)
The Office of Administration concurs, subject to the comments provided, on the notice of denial of petition 'for rulemaking (PPJi-60-4) from the States of Washington and Oregon. We have attached a marked copy of the These notice of denial package that presents minor editorial coments.
changes must be made before the notice of denial is submitted for Comission consideration.
As we indicated in our last review of this notice of denial, we have again added a sentence to the sumary paragraph that explains why the We also reconnend Commission is denying this petition for rulemaking.
that a statement be added to the statement of denial that sumarizes the Commission's reasons for denying this petition. We have presented suggested language.
He have rewritten the Congressional letter and the letter to the petitioner to include a more detailed discussion of the petition and an explanation of the Commission's reasons for the denial.
If you have any questions regarding our coments, please have a member of your staff contact Michael T. Lesar on extension 27758 or Alzonia Shepard on extension 27651.
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Office of Administration
Attachment:
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