ML20127C379

Comments on Jg Davis 841212 Memo Re DOE Advisory Panel on Waste Mgt Organization

ML20127C379
Person / Time
Issue date:	12/27/1984
From:	Olmstead W NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Browning R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
Shared Package
ML19292E725	List: IA-85-170, Requests Response to Listed Questions Re Definition of Person in Paragrah 140.3(g) of NRC Regulation & Liability Coverage for High Level Waste Activities ML20127C018 ML20127C022 ML20127C338 ML20127C379 ML20127C418 ML20127C423 ML20128Q244 ML20128Q256 ML20128Q291 ML20128Q327 ML20128Q360 ML20128Q397 ML20128Q402 ML20128Q420 ML20128Q438 ML20128Q444 ML20128Q454 ML20128Q459 ML20128Q472 ML20128Q482 ML20128Q497 ML20128Q513 ML20128Q530 ML20128Q541 ML20128Q544 ML20129B806
References
FOIA-85-170 NUDOCS 8501080064
Download: ML20127C379 (2)

Text

.

YiM Rs:c 3 Fde  % .' N. , . . . ._. .

1. fa ae.g\ UNITED STATES ' // i Dc:kht 2. ..

[ n NUCLEAR REGULATORY COMMISSION pg), , , , ,

7, WASHINGTON, D. C. 20655 g g. .g ~

I

~

iggey,

\**..* hC NM DEC 27 _ 8 EB h m r a . S . a - _ __...

MEggRAgg0g g Robert E. Browning Division of Waste Management hhNNh "-

4' Office of Nuclear Material Safety and Safeguards FROM: William J. Olmstead, Director Regulations Division Office of the Executive Legal Director

SUBJECT:

DOE ADVISORY PANEL ON WASTE MANAGEMENT ORGANIZATION In response to Mr. Davis' memorandum of December 12, 1984, we submit the following comments for your consideration:

1. The assumption that tronitoring of sites will go on for thousands of years (!!!-21) is not documented. Such monitoring is not required by NRC regulations. [See also IV-6, IX 4]

2. As to liability, releases must be " remedied," not " remedial." (III-22)

3. NRC could envisage pcwer plants being shut down " suddenly and permanently," but not arbitrarily. (IV-4) l 4 Liability for commercial toxic waste dispcsal could be of the same (or higher) order of magnitude than a HLW organization could experience.

(IV-14)

5. The reasons for preferring a commission to an executive agency (VII-6) l are not explained. For an operations organization, lacking important quasilegislative and quasijudicial functions, one tright expect that the single executive form would be preferred.

f,..'

@. The transition between site characterization and construction would be y" /f g exceedingly disruptive, since site characterization is directed toward development of data to support NRC review of design. (See VII-23, l IX-8) l 7. Nonproliferation concerns as well as economic grounds may affect l decisions about disposal of spent fuel. (VII-23)

.: M What does falling within the purview of Price-Anderson mean? That the corporation can indemnify contractors? (VII-26,28)

The basis for believing NRC would be mere effective in regulating a

1. ill #., 6 corporation than a traditional agency is not explained, and is very likely erroneous. (VII-29,IX-3,IX-6,7,XI-10,XI-16)

10. The advantages of a single person in control need to be explored in greater detail than merely mentioning the ponderousness of consnission 'V II-14 -

0 0D 6 .

2-

11. The uncritical acceptance of using private contractors - even for such vital policy matters as site selection - is a major flaw. It is not enough that management be continuous and stable, exercise " effective cost control and adequate quality assurance," etc. This is much too passive a concept. The essential element of a successful program is a strong central management with a clear understanding of its mission and with the authority to execute it with both determined vigor and responsiveness to political and regulatory concerns. (XI-2)

12. Would [should] the Federal Tort Claims Act apply? (XI-5) i h NWPA provides extensive opportunities for legitimate stakeholders to (

h6ykj participate in the site selection process. To what extent would the de sm /

Advisory Siting Council increase, or dilute, the effectiveness of the fu.d' '

d established institutions? What would be the impact upon the e r +-S f organization's ability to arrive at site selection decisions in a 'e

/ systematic and timely manner? ShouldtheCouncilmakerecommendations].;'se about site selection " processes" or " decisions?" (XI-6,XI-15)

14. Shouldn't the accounting firm " audit," rather than " prepare" financial statements? (X1-8)

15. The suggestion that freedom from political influence would increase the program's credibility is unsupported. If anything, experience with the Synthetic Fuels Corporation (and perhaps AMTRAK), suggests that the contrary may be true. (XI-15)

16. The corporation's financial flexibility may turn out to be an illusory advantage, particularly if (as seems likely) any change in the fees paid by waste generators were to be subject to a joint resolution requirement. (XI-15)

J l

William J. Olmstead, Director Regulations Division Office of the Executive Legal Director

.