ML20147J304
| ML20147J304 | |
| Person / Time | |
|---|---|
| Issue date: | 04/24/1997 |
| From: | Morrison D NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Bangart R, Lieberman J, Paperiello C NRC OFFICE OF ENFORCEMENT (OE), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF STATE PROGRAMS (OSP) |
| Shared Package | |
| ML20147J307 | List: |
| References | |
| REF-WM-3 NUDOCS 9704300124 | |
| Download: ML20147J304 (8) | |
Text
_
~
.h. ; '
f* *'%
y"
-t UNITED STATES j
j NUCLEAR REGULATORY COMMISSION o
t WASHINGTON. D.C. 20$5W1 April 2 4,1997 MEMORANDUM TO:
Carl J. Paperiello. Director Office of Nuclear Material Safety and Safeguards James Lieberman. Director Office of Enforcement Richard L. Bangart. Director Office of State Programs William J. Olmstead. Associate Genercl Counsel for Licensing and Regulation Office of the General Counsel Brenda Jo. Shelton. Chief Information and Records Management Branch Office of Information Resources Management Jesse L. Funches Chief Financial Officer Anthony J. Galante Chief Information Officer FROM:
David L. Morrison, Director Office of Nuclear Regulatory Research
SUBJECT:
OFFICE REVIEW AND CONCilRRENCE ON A RULEMAKING PLAN FOR AMENDMENTS TO 10 CFR PARTS 30 AND 35 -- FINANCIAL ASSURANCE FOR TELETHERAPY AND KRYPTON-85 LICENSEES Your concurrence is requested on the attached Commission paper and rulemaking plan.
Also. the directors of the program offices should obtain input from the Regions on this rulemaking plan if appropriate.
Backaround:
The proposed amendments would allow teletherapy licensees a period of time for source exchange during which they could exceed specified possession limits without having to provide financial assurance.
Currently, teletherapy licensees apply for exemptions in these cases, which are generally granted by NRC Kr-85 licensees have only insignificant decommissioning costs and are also generally granted exemptions from financial assurance requirements.
These amendments would remove Kr-85 as a radionuclide requiring financial assurance by licensees who possess it.
490500W f
C.J. Papertello et al 2
The following 1s a summary of this request:
1.
Title:
10 CFR Parts 30 and 35 -- Financial Assurance for Teletherapy and Krypton-85 Licensees 2.
RES Task Leader:
Clark Prichard. RDB/DRA/RES - 415-6203 3.
Coanizant Individuals:
NMSS - Louis Bykoski
~
OGC - Stephen Lewis OSP - Dennis Sollenberger 4.
ComoatibilitY for Aareement States:
Yes I
5.
Reauested Action:
Review and concur in the rulemaking plan.
6.
Reauested Comoletion Date: Three weeks from the date of this memo.
7.
Resources and Coordination:
Estimated resources to develop this rule is 0.4 FTEs Coples of this concurrence package have been forwarded to the Office of the Controller. ACRS. ACNW and IG for information.
Attachment:
i Commission Paper w/encls.
cc w/ attachment:
R. M. Scroggins. OC H. T. Bell. IG J. Larkins. ACRS & ACNW D. Ross. CRGR D. Meyer. ADM H. Miller. Regions I/ ORA L. Reyes. Region II/0RA A. Beach. Region III/0RA J. Dyer. Region IV/0RA
i 4
9 1
a 9
4 i
4 COMMISSION PAPER i
f a
4 r
b l
4 2
i E
a 1
a 2
i i
1
+
t 1
~
\\
s 1
d
.f a
a, 4
I e
i 1
1 1
l
FOR:
The Commissioners FROM:
L. Joseph Callan Executive Director for Operations
SUBJECT:
DRAFT RULEMAKING PLAN: AMENDMENTS TO 10 CFR PARTS 30 AND 35 -- FINANCIAL ASSURANCE FOR TELETHERAPY AND KRYPTON-85 LICENSEES PURPOSE:
To inform the Commission of the staff's draft Rulemaking Plan for amending 10 CFR Parts 30 and 35, " Financial Assurance for Teletherapy and Krypton-85 Licensees."
BACKGROUND:
The proposed amendments would allow teletherapy licensees a period of time for source exchange during which they could exceed specified possession limits without having to provide financial assurance. Currently, teletherapy licensees apply for exemptions in these cases, which are generally granted by NRC. Kr-85 licensees have only insignificant decommissioning costs and are also generally granted exemptions from financial assurance requirements. These amendments would remove Kr 85 as a radionuclide requiring financial assurance by licensees who possess it.
AGREEMENT STATE IMPLEMENTATION ISSUES:
Financial assurance is Division 2 matter of compatibility. Agreement States must maintain similar or more stringent regulations. States would therefore have the option of either taking no action or promulgating rules similar to this rule, making, which lessens the requirements for financial assurance.
CONTACT:
Clark Prichard, DRA/RDB (301) 415-6203
--... _. ~.
_=.... -._ - _
~..
The Commissioners 2
COORDINATION:
The Office of the General Counsel has no legal objection to the rulemaking plan. The Of fice of the Chief Financial Officer has no objection to the resources estimate contained in this paper. The Office of the Chief Information Officer has reviewed the rulemaking plan for information technology and information management implications and concurs in it.
L. Joseph Callan Executive Director for Operations
Enclosure:
Rulemaking Plan
v.
L l
l The Commissioners 2
l COORDINATION:
The Office of the General Counsel has no legal objection to the rulemaking plan. The Office of the Chief Financial Officer has no objection to the resources estimate contained in this paper. The Office of the Chief Information Officer has reviewed the rulemaking plan for information technology and information management implications and concurs in it.
J L. Joseph Callan Executive Director for Operations
Enclosure:
Rulemaking Plan 1
RECORD NOTE: A coov of this draf t Ruleinakina Plan was sent to OC and IG for information on:
DOCUMENT NAME: o:Norichard\\cp3035.cp To receive a copy of this document, indicate in the box "C" = copy without attachment / enclosure, "B"
=
copy with attachment / enclosure, "N" = No copy
- See previous concurrences OFF!CE:
DRA/RDB' DR A/RDB '
D/DRA/RES' D/RES*
EDO NAME:
CPrichard SBahadur BMorris DMorrison LJCallan DATE:
3/26/97 4/10/97 4/18/97 4/22/97 4/ /97 l
OFFICIAL RECORD COPY RES FILE CODE NO.
i l
4 The CoTimissioners 2
j COORDINATION:
The Office of the General Counsel has no legal objection to the rulemaking plan. The Office of the Chief Financial Officer has no objection to the resources estimate contained in this paper. The Office of the Chief Information Officer has reviewed die rulemaking plan for information technology and information management implications and concurs in it.
RECOMMENDATION:
1 intend to proceed with the development of the enclosed Rulemaking Plan unless otherwise directed by the Commission within 10 days from the date of this paper. This willinclude providing the draft Rulemaking Plan to the Agreement States for a 45-day comment period. If significant comments are received, I will provide the Commission with the staff's disposition of the Agreement State con.ments before I implement the Rulemaking Plan.
L. Joseph Callan Executive Director j
for Operations j
Enclosure:
Rulemaking Plan RECORD NOTE: A coov of this draf t Rulemakina Plan was sent to OC and IG for information on:
DOCUMENT NAME: o:\\prichard\\cp3035.cp To receive a copy of this document, indicate in the box "C" = copy without attachment /enclosura, "B"
=
copy with attachment / enclosure, "N" = No copy
- See previous concurrences f/)
D/0j4MES
- EDO D/RES OFFICE:
DRA/RDE' DRA/RDB' DMorrisob LJCallan NAME:
CPrigfdrd SBahadur if)Vlorris DATE:
3/26/97 4/10/97 4/18/97 4/y2/97 4! /97 OFFICIAL RECDRD COPY RES FILE CODE NO..
t
_~J 6
3 1
i i
i J
RULEMAKING PLAN l
t