ML20138P445

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Comments on Part 3 & MOU Re U Mill Tailings.Fundamental Issue Between NRC & EPA Is Jurisdiction.Original Staff Proposal Preferred for Conforming to Regulations
ML20138P445
Person / Time
Issue date: 04/30/1984
From: Roberts T
NRC COMMISSION (OCM)
To: Palladino
NRC COMMISSION (OCM)
Shared Package
ML20136D839 List:
References
FOIA-84-709 NUDOCS 8511070139
Download: ML20138P445 (1)


Text

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5 CFFICE OF THE COMMISSIONER MEMORANDU!! FOR: Chairman Palladino FROM: Thomas M. Roberts

SUBJECT:

URANIUM MILL TAILINGS: COMMENTS ON PART 3 AND MOU I continue to believe that the fundamental issue to be resolved between EPA and NRC in the matter of uranium mill tailings standards is that of jurisdiction. I question whether an MOU, no matter how tightly drawn or sincerely agreed to, will solve this issue. I can envision either the environmentalists or the industry suing NRC each time we act contrary to their interpretation of the applicable acts - even if consistent with the MOU. Thus, I believe we should let the AF.C legal challenge to EPA run its course and, if desirable, infonn Congress of this. Since both OGC and ELD indicate we must conform our regulations, I continue to prefer the original staff proposal for doing this. I believe there is sufficient technical data available to justify the deletions.

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