ML20133H492

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Forwards Denial of Petition for Rulemaking Submitted by Heartland Operation to Protect Environ for Publication
ML20133H492
Person / Time
Issue date: 12/23/1996
From: Rathbun D
NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To: Faircloth L, Schaefer D
HOUSE OF REP., SENATE, ENVIRONMENT & PUBLIC WORKS
Shared Package
ML20133H495 List:
References
RULE-PRM-61-3 CCS, NUDOCS 9701170192
Download: ML20133H492 (2)


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UNITED STATES g

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i The Honorable Dan _Schaefer, Chairman Subcommittee on Energy and Power 4

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Cor.ittee on Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The NRC has sent to the Office of the Federal Register for publication the enclosed denial of a petition for rulemaking submitted by the Heartland Operation to Protect the Environment.

The petitioner requested that the NRC amend its regulations to adopt a rule regarding government ownership of a low-level radioactive waste (LLW) disposal site that is consistent with the petitioner's view of Federal statute, specifically the Nuclear Waste Policy Act of 1982 (NWPA), as amended.

The petition implies that the NRC regulations should require private land ownership of the site during the operational life of the facility, and after closure convert title to the site to the Federal Government.

The petition is being denied for the following reasons.

First, the NRC believes the petitioner is incorrect and that the current regulations are not inconsistent with the NWPA; second, the NRC has the authority to require Federal or State land ownership as a condition for licensing a LLW disposal facility and continues to believe the existing regulatory procedures are appropriate; and third, the NRC continues to believe that there would be a negative impact if the change proposed by the petitioner were implemented.

Sincerely, j

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Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice cc:

Representative Frank Pallone CC S 2-t i

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UNITED STATES g

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          • ,o December 23, 1996 l

The Honorable Lauch Faircloth, Chairman Subcommittee on Clean Air, Wetlands, Private, Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

The NRC has sent to the Office of the Federal Register for publication the enclosed denial of a petition for rulemaking submitted by the Heartland Operation to Protect the Environment.

The petitioner requested that the NRC amend its regulations to adopt a rule regarding government ownership of a low-level radioactive waste (LLW) disposal site that is consistent with the I

petitioner's view of Federal statute, specifically the Nuclear Waste Policy Act of 1982 (NWPA), as amended.

The petition implies that the NRC regulations should require private land ownership of the site during the operational life of the facility, and after closure convert title to the site to the Federal Government.

The petition is being denied for the following reasons.

First, the NRC believes the petitioner is incorrect and that the current regulations are not inconsistent with the NWPA; second, the NRC has the authority to require Federal or State land ownership as a condition for licensing a LLW disposal facility and continues to believe the existing regulatory procedures are appropriate; and third, the hRC continues to believe that there would be a negative impact if the change proposed by the petitioner were implemented.

Sincerely, f

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice cc:

Senator Bob Graham 4