ML20128B656
| ML20128B656 | |
| Person / Time | |
|---|---|
| Issue date: | 02/20/1992 |
| From: | Treby S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Jordan E NRC OFFICE FOR ANALYSIS & EVALUATION OF OPERATIONAL DATA (AEOD) |
| Shared Package | |
| ML19341G314 | List: |
| References | |
| FRN-57FR28642, RULE-PR-50 AD03-1-013, AD3-1-13, NUDOCS 9302030131 | |
| Download: ML20128B656 (1) | |
Text
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,g NUCLEAR REGULATORY COMht"iSION / ,e/ 4 -
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February PO, 1992 gr y
Noto to: Edward L. Jordan, Director
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From: Stuart A. Troby, Assistant General Counsel gb
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for Rulomaking and Fuel Cycle, OGC
- SUBJECT! PROPOSED 10 CFR 50.72/50.73 RULEMAKING Several minor chnngos are marked on the SECY paper. With those changos, OGC has no legal objection to this packago except with respect to the backfit discussion.
As wo stated at the CRGR mooting Whoro this proposed rule was discussed, it is OGC's position that recordkooping and reporting requirements were not intended to be subject to the Backfit Rule, 10 CFR 50.109. The bases for our position are set forth in a July 27, 1990 legni memorandum, "Backfit Considerations of Proposed IPEEE Gonoric Lotter," a June 5, 1986 legal memorandum,
" Application of the Backfit Rulo to rules on Record-Kooping and Reporting," and a June 23, 1986 legal memorandum, " Application of ,
the Backfit Rulo to Proposed Amendments to Part 50 Requiromonts on Communications Procedures." copios of those memoranda are enclosed '
for your information. Wo believe that in the context of a proposed rulo,-tho 800 should rely upon this rationale, as woll as the one set forth in-the: Soc. Wo also note that the rationals in the SOC' is not entirely correct, in that only y.g.luntary relaxations are not !
considered to be backfits, and the soc should 'bo modified to ;
reflect that the relaxations are voluntary.
Accordingly, we propose that the following discussion be added' to the SOC's discussion of backfit Alteratively, the Commission believes that recordkeeping and reporting requirements are not subject to the backfit-rulo. Instead, recordkooping and reporting requirements '
must be assessed against critoria analogous to those used in assessing NRC requests for information under110'CFR:
50.55(f). -In--tho : Commission's yiew, :it would be extremely difficult to justify any recordkooping or inf ormation ' request under - the critoria of ,tho backfit rule if the test of'a " substantial' increase" in public protection is viewed as an actual, quantifiable-increase.
9302030131 930129 PDR PR 50 57FRE8642 PDR _.
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