ML20137W654

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Notation Vote Response Sheet Approving W/Comment, SECY-97-058, Us DOE Revised General Guidelines for Recommendation of Sites for Nuclear Waste Repositories (10CFR960)
ML20137W654
Person / Time
Issue date: 04/11/1997
From: Mcgaffigan E
NRC COMMISSION (OCM)
To: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20137W570 List:
References
SECY-97-058-C, SECY-97-58-C, NUDOCS 9704180170
Download: ML20137W654 (1)


Text

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NOTATI ON VOTE RESPONSE SHEET i

TO: John C. Hoyle, Secretary FROM: COMMISSIONER MCGAFFIGAN

SUBJECT:

SECY-97-058 - U.S. DEPARTMENT OF ENERGY'S REVISED GENERAL GUIDELINES FOR THE l RECOMMENDATION OF SITES FOR NUCLEAR WASTE REPOSITORIES (10 CFR PART 960)  :

Approved [ isapproved Abstain I Not Participating Request Discussion COMMENTS:

I approve of the staff recommendation to provide DOE with a "no objection" finding I I

on the revised siting guidelines since it provides the Commission flexibility in the absence of EPA standards. I agree that the staff should provide the Commission with a summary and analysis of public comments received by 00E to assist the  ;

Commission in its deliberations on the guidelines. I do not support a duplicative NRC effort to pursue public comments on the revised guidelines since this is a concurrence proceeding and not a rulemaking for NRC, and it does not appear to be the best use of agency resources since issues of concern to NRC can be identified from the public comments received by D0E.

%p SIGWhTURE  !

1 Release Vote /// I DATE l I

Withhold Vote / /

Entered on "AS" Yes No 1

9704180170 970411 PDR COMMS NRCC CORRESPONDENCE PDR

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UNITED STATES NUCLEAR REGULATORY COMMISSION

{ $ WASHINGTON,0.C. 20555-0001 April 16, 1997 SECRETARY MEMORANDUM TO: L. Joseph Callan Executiv Director for O rations Ut d Vietti-Cook, Acting Secretary FROM: tte .

SUBJECT:

STAFF REQUIREMENTS - SECY-97-058 - U.S..

DEPARTMENT OF-ENERGY'S REVISED GENERAL GUIDELINES FOR THE RECOMMENDATION OF SITES FOR NUCLEAR WASTE REPOSITORIES (10 CFR PART 960)

The Commission has approved the staff recommendation to provide

~ DOE with a "no objection" finding provided that such a finding is legally sufficient to satisfy any requirements the Commission ,

might have under Section 112(a) and (b) of the Nuclear Waste Policy Act of 1982, as amended. The staff should ensure that'the  ;

NRC's "no objection" is not construed as concurrence on.the i revised guidelines. This is' based on DOE's leaving the site I comparison guidelines unchanged, with respect to sites other than ]

Yucca Mountain, and on DOE's commitment to base its Yucca Mountain site suitability determination on NRC's disposal regulations, . including future revisions, if necessary. The finding of "no objection" does not prejudge the appropriateness of the EPA' standard which is referenced; until such time as the

. Commission has had the opportunity to review and comment on the EPA standard, it can make no judgment and express no view on the appropriateness of the standard.

The. Commission has approved publishing a notice in the Federal I Reaister noting receipt of dor's revised guidelines, describing l the-Commission's proposed approach for review of the guidelines, l and requesting public comment. The staff should analyze and make !

public a summary of the public comments, (EDO) (SECY Suspense: 9/5/97) 1 SECY NOTE: THIS SRM, SECY-97-058, AND THE COMMISSION VOTING RECORD CONTAINING THE. VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 5 I WORKING DAYS FROM THE DATE OF THIS SRM.  !

2 pb.

M'ct,iSa M -

cc: Chairman Jackson Commissioner Rogers '

Commissioner Dicus Commissioner Diaz Commissioner McGaffigan OGC CIO CFO OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail) 1 PDR 1 DCS

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