ML20081K888

Maintains That Proposition That GE Be Designated in Notice of Proposed Rulemaking as Source from Which Public Could Request Copies of Design Control Document (DCD) Inappropriate.Public Should Obtain Access to DCD from NRC

ML20081K888
Person / Time
Site:	05200001
Issue date:	10/13/1994
From:	Quirk J GENERAL ELECTRIC CO.
To:	Russell W Office of Nuclear Reactor Regulation
References
NUDOCS 9503290330
Download: ML20081K888 (1)

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October 13,1994 ' l Mr. William T. Russell L Director Office of Nuclear Reactor Regulation -

U.S. Nuclear Regulatory Commission - -

Washington, D.C. 20555-0001,

Dear Mri Russell:

In discussions with the staff on matters related to completion of the Design Control Document (DCD) for the ABWR certification rulemakung, um staffput forward the proposition that GE Nuclear,  ; ~

be dreiguted in the Notice of Proposed Rulemaking as the source from which members of the public could request copies of the DCD. GE Nuclear responded then. and continues to maintain, that this would be highly inappropriate. The DCD is a doc

• ment prescribed by the NRC as an integral part of a - 1 rule to be proposed and issued by the NRC, as such, the public should obtain access to the DCD and, if necessary, copies thereof, from the NRC or from some other government repository.

We understand that the Office of the Federal Register (OFR) has advised the staff that it is OFR's practice to have documents that are incorporated by reference in agency rules made available from a source other than the agency proposing or issuing the incorporating rule. This practice is not required >

by the OFR regulations or its guidance, " Document Drafting Handbook " Moreover, OFR insistence thereon would not preclude the designation of a government source, other than the NRC, for obtaming .

the DCD, e g., a source such as the National Technical Information Service (NTIS). We assume, in any i

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event, that a copy of the DCD will be maintained in the NRC's Public Dcc m =; Room for public '

access and copying.

GE Nuclear stands ready to provide NRC, or another government agency designated by the NRC, -

with such electronic or hard copy materials as may be needed to reproduce DCD copies for response to public requests. We urge that the staffinitiate implementing arrangements for this now, so that the designated government agency is identified in the published Notice of Proposed Rulemaking. I invite

. you to contact me with regard to steps GE Nuclear can take to facilitate that process.

Sincerely yours.

. f oseph F. Quirk  ;

q.

cc: Dennis M. Cmtchfield (NRC NRR) ,

-Martin G. Malsch (NRC-OGC) -

J Sterling M. Franks (DOE-ALWR) 9503290330 941013

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