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April 30, 1981 SECY-81-276 ADJUDICATORY ISSUE (Affirmation)
For:
The Commissioners Frem:
Stephen F. Eilperin Solicitor Subject PETITIONS FOR STAi 0F THE URANIUM MILL LICENSING REQUIREMENTS Discussion *:
Three operators of uranium mills have petitioned the Ccmmission to stay the Uranium Mill Licens-ing Requirements (Requirements) 1/ issued by the NFtC pursuant to the, Uranium Mill Tailings Radia-tion Control Act of 1978 (UMTECA). 2/
[ Attach-ment 1].
These three operators previously peti-tiened the Tenth Circuit to review these require-ments, and now state that they will move that Court to stay these requirements pending judicial review.
The State of New Mexico has also requested the Commi on to stay the requirements.
[ Attach-i ment 23 ror the reasons discussed below, we
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believe t t
Mill Ooerators I
The Mill Operators state that their motien was precipitated by the NRC's recent correspondence with Agreement States allegedly requesting them to adopt the NRC's requirements as " minimum national standards" by August 1, 1981.
Feti-tieners contend that this compliance date will cause them irreparable injury because they will not have an opportunity to meaningfully partici-pate in any state proceedings to adopt regulaticns for uranium milling.
Petitioners also claim, among cther things, that the rules are unlawful because they were issued before EPA promulgated health and safety standards pursuant to UMTECA.
1_/
45 Fed. Reg. 65521-38 (October 3, 1980).
2/
Fub. L.95-60h, 92 Stat. 3021-3043 (November 8, 1973).
CCUTACT:
2~; ~1!~!5~TEMG E N D Sheldon L. Trubatch, OGC o ;.
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h Accordinc3v. we recommend that New Mexico The State of New Mexico's request for a stay was prompted by the pending litigation regarding the Requirenents.
New Mexico appears to claim i
that it may be irreparably injured if it is required to hold two hearings on the adoption of milling regulations: one to comply with the cur-rent. regulations and a second to ecmply with any chanEes which might result from the litigation.
New Mexico also claims that its current regula-tions will adequately protect public health and safety in the interim.
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3 recommendation.
[A'ttach-Reconmendation:
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Stephen F. Eilperin Solicitor Attachments:
- 1. Utilities Petition
- 2. New Mexico's Petition
- 3. Proposed Memorandum and Order Comissioners' coments or consent should be provided directly to the Office of the Secretary by c.o.b. Thursday, May 14, 1981.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT May 7,1981, with an information copy to the Office of I
the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and coment, the Commissioners and the Secretariat should be apprised of when coments may be expected.
This paper is tentatively scheduled for affirmation at an open meeting during the week of May 18, 1981.
Please refer to the appropriate Weekly Commission Schedule, when published, for a specific date and time.
DISTRIBUTION Commissioners Comission Staff Offices Exec Dir for Operatiens i
Secretariat I
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