ML20151T671
| ML20151T671 | |
| Person / Time | |
|---|---|
| Issue date: | 08/03/1998 |
| From: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| SECY-98-188, SECY-98-188-01, SECY-98-188-1, SECY-98-188-R, NUDOCS 9809100109 | |
| Download: ML20151T671 (3) | |
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POLICY ISSUE (Notation Vote)
Auaust 3.1938 SECY-98-188 EQ&
The Commissioners FROM L. Joseph Callan Executive Director for Operations
SUBJECT:
A PROPOSED SIMPLIFICATION OF THE RULEMAKING PROCESS FOR CERTIFICATE OF COMPLIANCE RULEMAKINGS PURPOSE:
To inform the Commission of the staff's proposed recommendation for simplification of the rulemaking process for certificate of compliance (CoC) rulemakings to expedite the approval process without affecting the health and sefety of the public.
BACKGROUND:
In 1990, the Commission amended Part 72 to provide for the storage of spent nuclear fuel under a generallicense on the site of a nuclear reactor in casks approved for storage by the NRC and granted a Certificate of Compliance (CoC). Under the process established by the Commission, cask designs are to be approved in a rulemaking which would add the cask design to the " List of approved spent fuel storage casks" in 10 CFR 72.214. The 1990 rulemaking also approved four cask designs. Subsequent rulemakings have placed three additional cask designs on the 72.214 list.
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In 1994, after the most recent CoC rulemaking, the Commission approved revisions in NRC's rulemaking process, including a requirement that a rulemaking plan be prepared at the outset of a proposed rulemaking which will serve to define the regulatory problem, identify why NRC CONTACTS: Stan Turel, NMSS/IMNS (301) 415-6234 Pht!p Brochman, NMSS/SFPO (301)415-8592 (i
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The Commissic,ners 2
action is necessary, outline alternatives, and assist agency decision makers in apportioning agency resources and determining whether the rulemaking should go forward. These revisions were placed in Manual Directive (MD) 6.3. MD 6.3 provides that a rulemaking plan is not needed when the rulemaking "is purely administrative in nature."
DISCUSSION:
The Spent Fuel Project Office is currently reviewing several applications for CoCs for spent fuel storage casks or dual purpose casks which will substantially increase the number of CoC rulemakings. To streamline the rulemaking process for CoC rulemakings, the staff proposes to dispense with the preparation of rulemaking plans for these rulemakings. A rulemaking plan is not needed to assist agency decision makers in determining whether a rule should go forward because the Commission has already determined that rulemaking will be the process for approving new cask designs for use under the generallicense. A rulemaking plan is also not needed for the purpose of identifying and resolving potential problems because CoC rulemakings are mainly administrative in nature. The staff intends to closely follow the format used for the proposed and final rules in the most recent CoC rulemakings for the TN-24 cask (58 FR 51762 (1993)) and the Standardized NUHOMS Horizontal Modular System (59 FR 65898 (1994)). The goal is to save 0.5 full-time equivalent in resources, and 6 months time for each new certificate of compliance rulemaking completed by the staff. In addition, as stated above, staff plans to closely track the format used in the most recent CoC rulemakings which should serve to abbreviate document preparation.
The staff plans to use other methods of abbreviating CoC rulerr
's in the future. The Commission concluded in the proposed rule for the initial CoCs a 4 lue to the routine nature of these rulemakings and the absence of significant policy questions, future additions to the 9 72.214 list would be made under the rulemaking authority delegated to the EDO (54 FR 19380 j
(1989)). The staff 'ntends to issue CoC rules under the EDO's authority, if no substantive comments are received on the next two rulemakings, staff will then utilize the direct final rulemaking process.'or subsequent CoC rules.
COORDINATION:
The Office of General Counsel has no legal objection to this paper.
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The Commissioners 3
RECOMMENDATION:
That the Commission:
1.
Acorove the simplification of the rulemaking process for CoC rulemakings by agreeing that future CoC rulemakings will not need a rulemaking plan.
L.
s ph Callan Executive Director for Operations i
Commissioners' completed vote sheets / comments should be provided directly to the Office of the Secretary by COB Wednesday, August 19, 1998.
Commission Staff Office comments, if any, should be submitted to the j
Commissioners NLT August 12, 1998, with an information copy to the Office 1
of the Secretary.
If the paper is of such a nature that it requires additional review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
1 DISTRIBUTION:
Commissioners OGC OCAA OIG OPA OCA CIO CFO EDO REGIONS SECY l