ML20127C315
| ML20127C315 | |
| Person / Time | |
|---|---|
| Issue date: | 10/23/1984 |
| From: | Cunningham G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Minogue R NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20127B584 | List:
|
| References | |
| FRN-50FR13797, RULE-PR-19, RULE-PR-39 AB35-1, NUDOCS 8411280528 | |
| Download: ML20127C315 (1) | |
Text
_ _ _ __ . __
(( p UNITED STATES 5
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E NUCLEAR REGULATORY COMMISSION
, WASHINGTON, D. C. 20555 e
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October 23, 1984 ~)
MEMORANDUM FOR: Robert B. Minogue, Director Office of Nuclear Regulatory Research
. FROM: Guy H. Cunningham, III Executive Legal Director
SUBJECT:
PROPOSED RULE: WELL-LOGGING OPERATIONS (10 CFR PART 39)
We have no'legsl objestionLto Ithe' proposed'rul' e but do want to bring to your attention"an issue' raised ~with your staff ~about whether the ED0 or the Commission should issue this new part. Your staff argued that the part in essence involves no new requirements since it basically translates existing license conditions into regulatory requirements. We do not disagree but are concerned that the Comission could view issuance of this new part as a "significant" policy question.
We tend to think that page I-5 of the ED0's procedures manual, which bears on the issue of significance, is better read to refer to rules rather than to rules and/or license conditions. In addition, we are hard pressed to say l that the new part does not present a major new issue or a major change in i
Commission policy, or does not involve new resource commitments by licensees.
However, these are factors for the ED0 to weigh and do not constitute a legal issue.
We are returning the rulemaking package to Anthony Tse of you staff. My staff and he have discussed our proposed changes; we understand that the revisions have been made.
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- w. . A Guy H. Cunningham', III Executive Legal Director cc: F Gillespie, RES
. Tse, RES 9 l 8
.