ML20153H021

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Staff Requirements Memo Re SECY-98-171,proposed Rulemaking on 10CFR50,52 & 72,requirements Concerning Changes,Tests & Experiments & Staff Recommendations on Changes to Other Regulations & Enforcement Policy
ML20153H021
Person / Time
Issue date: 09/25/1998
From: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
To: Callan L
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
REF-10CFR9.7 FACA, SECY-98-171-C, NUDOCS 9809300289
Download: ML20153H021 (2)


Text

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SUBJECT:

AFF REQUIREMENTS - SECY-96-171 - PROPOSED RULEMAKING ON 10 CFR PARTS 50,52, AND 72 REQUIREMENTS CONCERNING CHANGES, TESTS AND EXPERIMENTS AND STAFF RECOMMENUATIONS ON CHANGES TO OTHER REGULATIONS AND ENFORCEMENT POLICY The Commission has approved publication, for a 60 day public comment period, the proposed rulemaking that would revise 10 CFR 50.59 and related provisions in Parts 50,52 and 72 conceming the processes controlling licensee changes, tests and experiments for production and utilization facilities and for facilities for independent storage of spent nuclear fuel and high-level radioactive waste. The Voting Record, which includes the Commissioner votes and this Staff Requirements Memorandum, should be published in the Federal Reaister notice to clearly inform stakeholders on preliminary positions taken by the Commission (Enclosed).' The Commission also approves the staff's recommendations for handling vioiations of 10 CFR 50.59 and 72.48, including staff plans fy exercise of enforcement discretion, while rulemaking is l underway. The Commission requested that the staff specifically solicit public comment in the Federal Reaister notice on.

1. A wide array of options for the margin of safety criterion (50.59(c)(2)(vii) in the proposed rule) and its definition including: a) deleting the criterion and definition,
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g b) a new definition as described in Chairman Jackson's vote, and c) an option which would decouple the last criterion from technical tracifications and focus J, instead on a new criterion relating to performance of fission product barriers (e.g., reactor coolant system pressure, containment pressure, etc), with m;nimal changes being allowed up to specified limits, perhaps utilizing a graduated approach similar to the approaches proposed for other criteria.

                       'The Voting Record should be reformatted into columns for publication in the Federal Reaister (e.g., Chairman Jackson approved and disapproved in part with the following comments ...).

980930028998092h O I~ PDR- 10CFR PT9.7 PDR,

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2. Options for defining " minimal" as it pertains to " probability of occurrence of an accident" or " probability of equipment malfunction."
3. The definitions of " facility," " procedures," and " tests or experiments," including elimination of the definitions.
4. A clear definition of " accident."

(EDO) (SECY Suspense: 10/9/98) The Commission requests the staff to complete the revised 50.59 rule on an expedited schedule. 1 (EDO) (SECY Suspense: 2/19/99) l

Enclosure:

Commission Voting Record cc: Chairman Jackson Commissioner Diaz Commissioner McGaitigan OGC CIO CFO OCA OlG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail) PDR DCS}}