ML20127B231
| ML20127B231 | |
| Person / Time | |
|---|---|
| Issue date: | 01/11/1990 |
| From: | Treby S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20127B192 | List: |
| References | |
| FRN-57FR57649, RULE-PR-20 AC14-2-031, AC14-2-31, NUDOCS 9001310196 | |
| Download: ML20127B231 (3) | |
Text
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NUCt. EAR REGULATORY COMMISSION Cool S
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-January 11, 1990 Lahs
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File 102-l RNOIRNDIN IDRs Eric S. Peckjon), Directnr office of Nuclear Regulatory Research IT(E Stuart A. Treby j
Assistant ceneral Counsel for Rulcmaking and Fuel Cycle Offiou of the General Counsel SU1UECT:
FI2AL } ult 'IO ALI4W ONSITE INCIM2%TICH OF -
SLIGFIIX ONIAMIlWIID WM71Y: OIL AT NIX 2ERI POWER PEJCIORS '
In respense to your request of December 15, 1989, w havu reviewcd the ~
draft Camission paper transnitting the subject rule and related enclosures.
Subject to the folicwing changes, we have no legal objection-to the materials suhaitted for our review.
1.
Since the Executive Director for Operations will be issuing the final rule, a "Statment of Executive Director for Operations Approving Final Rule for publication" should be prepued in order to document the PDO's authority to take this action.. A. suggested draft of such a statment, designated Ihclosure 5, is attached.
2.
Since this is a !bjative Ccasent Canndssion paper, w have been advised by the Office of the Secretary that Reccumndt.tions '
- 1. and 2. on page 3 of the Ocmmission paper should be reviad to read as follows:
"1.
Note that the EDO plans to sign the final rule revising 10 CPR 20.305, as set forth in the draft Federal'legister notice (Enclosure 1). and 1
the statenunt approving the final rule for publi-cation, as set forth in Enclosure 5, in ten working days frun the date of this paper unless otherwise instructed by the Ca mission.-
"2.
Note that in ten wrking days frun the date of this paper, unless directed otlerwise by the ocmnission, the EDO will certify that this.
. final rule will not have a significant econcunic effect on a substantial nmber of small' entities pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. - 605 (b)."
3.
The following paragraph on coordination should le inserted on page 3 of the Cmminsion paper 1rmndiately before the section'on Roemmendations.
" Coordination: The Office of the General Counsel has reviewed:
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thin paper and has to legal chjection."
4.
In tJe interesta of precision, the citation to the previously published environnental ascemrrent and fitriing of no significant irapact which a! Tears on page 4 of the Ccrmissicn paper and on page 1 of Enclosure 4 should le revitwx1 to read as follcus:
" August 29, 1988, 53 FTt 32914 at 32917" D iratr W a le Stuart A. Tre17/
Assistat General Co[nsel for u
Rulmaking and Fuel Cycle Office of the General Counsel Enclosures Draft Statutent of EDO approving finni rule for publicaticni.
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C. Mattsen, IES A. Dates, SirY
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STATCH27f OF EXDCLTrIVE DIIEC'IUR IVR OIEPATICt!S APPIC/I1G PINAL id1LE IVR PUH1JCATION Approved for Publication The Ccmnianim delegated to the EDO (10 CPR 1.31(a)(3)) t}e authority to develop and prmulgate rules as defined in the APA.(5 U.S.C. 551(4)) subject -
to tic limitations in 1GC Manual Chapter 0103, OnJanization and Itnetions, Offim of the Executive Director for Orcrations, }nragraphs 0213, 038, 039, and 0310.
7he enclosed final rule will revise 10 CFR 20.305 to permit the onsito incineration of slightly contaminated waste oils generated at licensed nuclear power plants without tic need to specifically arend existing Part 50 cierating licenses. Incineration of this class of waste mist be carried out in full ccrnpliance with Om nission regulaticcs restrictfra the release of radioactive noterials to the envircrrxmt that are currently in force at each-operating nuclear pcur plant.
This final rule is issued under general policy guidance frtni tJn Ccmnission, does not constitute a significant question of policy and does not anend regulaticos contaired in 10 CFR Parts 7, 8, or 9 CuLTart C concerning natters of policy. I therefore find timt this final rule is within the scope of ray ruimeking authority and am proceeding to issue it.
'Date Janca M. Taylor Ext.rutive Director for Operations EtlCLOSURE 5
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