ML20151S843
| ML20151S843 | |
| Person / Time | |
|---|---|
| Issue date: | 08/25/1998 |
| From: | Diaz N NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20151S834 | List: |
| References | |
| SECY-98-197-C, NUDOCS 9809090076 | |
| Download: ML20151S843 (2) | |
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HQ.TATION VOTE RESPONSE SHEET TO:
John C. Hoyle, Secretary FROM:
COMMISSIONER DIAZ
SUBJECT:
SECY-98-197 - PROPOSED RULE - REVISION TO PART 2 ESTABLISHING SUBPART M TO GOVERN REQUESTS FOR LICENSE TRANSFER APPROVAL AND ASSOCIATED REQUESTS FOR HEARINGS w/ comments and edit Approved x
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Disapproved Abstain
.0 Not Participating COMMENTS:
I cpprove publication of the proposed 'evision to 10 C.F.R. Part.2 that would govem requests for license transfer approval and associated reques:s for hearing. It appears that the proposed procedures would i
promote meaningful public participation while minimi7.ing unnecessary delays associated with a formal adjudicatory process. The proposed Subpart M lays out a hearing ' process under which the Commission should be able to assure efficient hearings that are consistent with the nature of the issues and the rights of the parties. Publication of the proposed rule will be an important, further step toward increasing the Commission's accountability for improvement of its administrative and quasi-judicial processes.
Sie also the attached edit.
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SIGNATU'RE '
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Entered on "AS" Yes No 9809090076 900904 PDR COMMS 84tCC CORRESPONDENCE PDR
effectiveness hearing on such administrative amendments will be limited to the question of wh:ther the amendment accurately reflects the approved transfer. The Commission does note, however, that it retains the authority, as a matter of discretion, to direct completion of hearings i
, prior to issuance of the transfer approval and any required amendments in individual cases and to direct the use of other hearing procedures, if the Commission believes it is in the interest of public health and safety to do so.
Environmental lee'==
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- The ~ staff has con pleted numerous Environmental Assessments related to license transfers.
These assessments have uniformly demonstrated that there are no significant environmental l
pcts from license transfers, indeed, as the Commission has noted previously, amendments" effectuating an approved transfer present no safety questions and involve no significrnt hazards considerations.' Accordingly, the Commission has determined that a new categorical l
Exclusion should be added to 10 C.F.R. Part 51 which will obviate the need for the staff to continue to conduct individual Environmental Assessments in each transfer case.
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Limitation to License Transfers l
The Commission wishes to emphasize that the proposed rules address only license transfers cnd associated administrative amendments to reflect transfers. Requests for license EmIndments which involve changes in actual operations or requirements directly involving i
h: ith and safety-related activities will continue to be subject to the amendment processes currently in use, including the requirement for individualized findings under 10 C.F.R. $$ 50.58, 50.91 and 50.92 that address the necessity for pre-effectiveness hearings.
Finding of No Significant Environmental impact and Categorical Exclusion L
The Commission has determined under the National Environmental Policy Act (NEPA) of 1969, as cmended, and the Commission's regulations in Subpart A of 10 C.F.R. Part 51, that this rule,
- if cdopted, falls within the categorical exclusion appearing at 10 C.F.R. $ 51.22 (c)(1) for which neither an Environmental Assessment nor an Environmental Impact Statement is required.
Further, under its procedures for implementing NEPA, the Commission may exclude from preparation of an environmental impact statement, or an environmental assessment, a category l:
c f actions which do not individually or cumulatively have a significant effect on the human o
- Long Island Lighting Company, supra, 35 NRC at 77, n. 6.
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