ML20141G913
| ML20141G913 | |
| Person / Time | |
|---|---|
| Issue date: | 05/08/1997 |
| From: | Rogers K NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20141G895 | List: |
| References | |
| SECY-97-046A-C, SECY-97-46A-C, NUDOCS 9705230080 | |
| Download: ML20141G913 (3) | |
Text
A F F I_.R M_A T I_^ N V O T._E RESPONSE SHEET TO:
John C. Hoyle, Secretary FROM:
COMMISSIONER ROGERS
SUBJECT:
SECY-97 -04 6A - FINAL RULE ON RADIOLOGICAL CRITERIA FOR LICENSE TERMINATION sonen Abstain Approved col *entf Disapproved Kcet Request Discussion Not Participating COMMENTS:
s'ee n rrs v uenT.ww SIGNATdRE
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@t /If7 Release Vote
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X V
DATE Withhol'd Vote
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Entered on "AS" Yes x
No 9705230080 970521 PDR-COMMS NRCC CORRESPONDENCE PDR
4 Commissioner Rogers Comments on SECY-97-046A:
I approve the staff's recommendation to publish a final rule on radiological criteria for license termination in the Federal Recister subject to the following comments:
The staff's recommended criteria for 1.
Dose criteria,-
i release of sites for unrestricted use are that the residual (1) radioactivity which is distinguishable from background, (TEDE) to would result in a Total Effective Dose Equivalent the average member of the critical group that does not exceed 25 mres/yr (including the dose from groundwater and (2) has been reduced to levels that are as. low sources)
These criteria are as reasonably achievable (ALARA).
consistent with the recommendations of national and international bodies that have been tasked with theMore development of, guidance for radi'ation protection.NCRP No. 116 specifically, they are consistent with ICRP 60,and draft Feder I believe these criteria the recommendation of the ACNW.
are sufficiently restrictive to protect public health and safety with an ample margin.
The 25 Separate Groundwater Protection Standard.-
mrem /yr dose criterion and the ALARA principle would apply 2.
l to all pathways, including those which involve the use of I believe that these criteria will provide groundwater.
adequate protection of groundwater and are the mosteffect I see no reason to include a separate groundwater Therefore, protection standard in the final rule and support the staff's recommendation on that point.
j Alternate Site criteria <
Section 20.1404 of the proposed final rule provides for the termination of licenses 3.
4 using alternate dose criteria (which would be less restrictive than those of Sections 20.1402 and 20.1403) in This should reduce the need for certain circumstances.
1 exemptions that was anticipated when the proposed rule was I approve the approach of Section issued for comment.
20.1404 provided that:
The staff seeks Commission approval for each (a) application of Section 20.1404; The staff specifically solicits comment from EPA (b) during the public comment period that would be required under 20.1405; and A requirement for substantive public participation (c) is added to Section 20.1404 which would be similar to the requirement for such participation for license termination under restricted conditions.
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Public participation _
The proposed rule required the in situations use of a Site Specific Advisory Board (SSAB) j where a license would be terminated in conjunction with
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I believe that in such restricted use of the site.
situations as well as in situations where a license would be terminated using alternate criteria under 20.1404, a SSAB can be a uniquely effective means for obtaining public views on issues concerning termination of the license and for For this gaining community acceptance of the final outcome.
reason I continue to endorse the general concept of establishing an SSAB in those relatively few cases where potential restrictions on site use may be underAlthough I recognize t consideration.
such cases may be such that an SSAB may not always be I believe that the performance-based approach appropriate, in the final rule does not provide sufficient direction on the matter of public participation and the use of SSABs.
Thus, the final rule should include provisions which would assure that in those situations wh'ere public participation is required (i.e. license termination under 20.1403 or the licensee would provide for (1) participation 20.1404),
by representatives of a broad cross section of community interests who may be af fected by the decommissioning, (2) an opportunity for a comprehensive, collective discussion of the issues by the participants represented, and (3) a publicly available summary of the results of all auch including a description of the individual discussions, viewpoints of the participants on the issues and the extent of agreement and disagreement among the participants on the
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In addition, the guidance that the staff develops issues.
to implement the final rule should address the matter of public participation and, in particular, should include The criteria criteria for establishing and using SSABs.
should be such that the expected starting point in providing an opportunity for public participation would be an SSAB.
Agreement State Compatibility Level.
I agree with the 5.staff's recommendation that the compatibility level be Division 2. Kcx 31r/t 7 1
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