ML20127A460

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Notation Vote Response Sheet Approving,W/Comments, SECY-92-380 Re Notice of Proposed Rulemaking to Establish Procedures & Criteria for Onsite Storage of Low Level Radwaste,After 960101
ML20127A460
Person / Time
Issue date: 12/02/1992
From: De Planque E
NRC COMMISSION (OCM)
To: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
References
NUDOCS 9301110296
Download: ML20127A460 (2)


Text

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......................oo RELEASED TO THE POR S N O T A T LQ H VOTEj gg 1

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SAf4UEL J. CHILK, SECRETARY OF THE C0fHISSION FP.0M:

C0f44ISSIONER DE PLANQUE

SUBJECT:

SECY-92-380 - NOTICE OF PROPOSED RULEMAKING TO ESTABLISH PROCEDURES AND CRITERIA FOR ON-SITE STORAGE OF LOW-LEVEL RADI0 ACTIVE WASTE, AFTER JANUARY 1,1996 APPROVED xx DISAPPROVED ABSTAIN NOT PARTICIPATING REQUEST DISCUSSION C0f44ENTS:

I approve this notice of proposed rulemaking with reluctance since I would have preferred that the staff provide the Commission with the planned options paper and. briefir g as described in my previous vote on SECY-92-168 prior to publication of this notice to determine whether there is'a better alternative to carry out the goals of the Low Level Waste Policy Amendments Act.

With regard to the rulemaking, I propose that the Federal j

Peerister notice request public comment on or suggestions for other alternatives to the proposed rule.

Also see attached edits.

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oecember 2, 1992 DATE WITHHOLD VOTE

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[7590-01) 11UCLEAR REGULATORY COMMISSION 10 CFR Parts 30, 40, 50, 70, and 72 RI!! 3150-AE22 Procedures and Criteria for On-Site Storage of Low-Level Radioactive Waste AGENCY:

Nuclear Regulatory Commission.

ACTIOll:

Proposed rule.

The Nuclear Regulatory Commission proposes to amend its

SUMMARY

regulations for reactor, material, fuel cycle, and independent spent fuel storage licensees.

The proposed rule would establish a regulatory framework conttining the procedures and criteria that would apply to on-site storage of low-level radioactive waste (LLW), beyond January 1, 1996.

The Commission has determined, under the authority of the Atomic Energy Act of 1954, as amended, that these changes are appropriate because of potential health and safety concerns associated with the increased reliance upon on-site storage of LLW.

The proposed rule is intended to support the goals that have been established by the Low-Level Radioactive Haste Policy Amendments Act of 1985 (Act) and is consistent with the June 19, 1992, United States Supreme Court (Supreme Court) decision, in -New York v. United States. {rp ggyg g }Qg cg gg g

orawgpec% S cdkrree, b ice; raie are requeh, Comment period expires (60 days after publication).

DATE:

Comments received after that date will be considered if it is I

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inspections, and at other times, as may be necessary, to determine whether additional inspections or other regulatory attention is required.

Absent a willful act, any non-repetitive violation of these requirements would normally be considered a Severity Level IV violation under the Commission's Enforcement

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Policy, contained in Appendix C to 10 CFR Part 2.

On-site storage of LLW resulting from reactor operations can be undertaken pursuant to the existing authorities and procedures, such as 10 CFR 50.59, and all relevant licensing and regulatory requirements applicable to on-site storage.

Material, fuel cycle, and independent spent fuel storage licensees may store LLW on-site if storage: (1) is authorized under the existing license conditions; and (2) is consistent with existing authorities and procedures, and all relevant licensing and regulatory requirements applicable to on-site storage.

The Coy fon continues to hold the position that it will not look favorably on generator on-site storage of LLW, after January 1,

1996.

It considers the on-site storage of LLW to he a last-resort measure.

The Co si n's preference is that LLW be pernanently disposed of as soon after it is generated as possible.

l This proposed rule would supplement, but not supersede, the existing regulations and guidance applicable to storage of LLW.

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