ML20134F974

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Notation Vote Disapproving W/Comments SECY-96-215, Requirements for Shipping Packages Used to Transport Vitrified Wastes Containing Plutonium
ML20134F974
Person / Time
Issue date: 10/18/1996
From: Shirley Ann Jackson, The Chairman
NRC COMMISSION (OCM)
To: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
References
SECY-96-215-C, NUDOCS 9611080219
Download: ML20134F974 (2)


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NOTATION

......................o.I yOTE. RELEASED TO THE PDR

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RESPONSE SHEET bat 5

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TO, J hn C. Hoyle, Secretary FROM: CHAIRMAN JACKSON

SUBJECT:

SECY-96-215 - REQUIREMENTS FOR SHIPPING PACKAGES USED TO TRANSPORT VITRIFIED WASTES CONTAINING PLUTONIUM Approved Disapproved XX Abstain Not Participating Request Discussion I

COMMENTS: l See attached comments.

lA4 4-bV SIdNATURE Release Vote / XX / October 18, 1996 DATE Withhold Vote / /

Entered on "AS" Yes XX No

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9611080219 961018 PDR COMMS NRCC CORRESPONDENCE PDR C O t l t@

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CHAIRMAN JACKSON'S COMMENTS ON SECY-96-215 I disapprove the staff's recommendation to make and issue a

determination under 10 CFR 71.63 (b) (3) regarding canisters 4

containing plutonium-bearing vitrified wastes. Such a determination could result in an exemption from the requirements of 71.63 (b) for double containment of plutonium shipments and set policy for a large number of plutonium shipments from U.S.

Department of Energy (DOE) facilities. This policy issue should be addressed through rulemaking.

The staff should deny DOE's request for a determination under

, 10 CFR 71. 63 (b) (3) .

! The staff should immediately begin rulemaking on the issue of j plutonium shipments. The staff should initially focus on rulemaking that addresses DOE's issue of shipping plutonium-bearing vitrified wastes in single containment packages. In the i

longer term, the staff should also address through rulemaking whether the technical bases for 10 CFR 71.63 remain valid, or 3 whether a major revision or elimination of portions of 10 CFR 71.63 is needed to provide flexibility for current and possible i future technologies.

' In SECY-96-215, the staff does not discuss the reasons for pursuing a determination process over rulemaking. If the staff has a compelling reason for an urgent Commission decision on DOE's determination request, or a strong basis for not pursuing rulemaking, then the staff should inform the Commission immediately, before starting rulemaking.

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