ML20154D483
| ML20154D483 | |
| Person / Time | |
|---|---|
| Issue date: | 10/05/1998 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| SECY-98-226-C, NUDOCS 9810070232 | |
| Download: ML20154D483 (2) | |
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\**** l RELEASED TO THE PDR :
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(NEGATIVE CONSENT)
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September 29.1998 SECY-98-226
- FOR
- The Commissioners FROM: L. Joseph Callan Executive Director for Operations
SUBJECT:
ISSUANCE OF A SECTION 274f, ATOMIC ENERGY ACT ORDER TO EXEMPT ENVIROCARE OF UTAH, INC. FROM THE LICENSING REQUIREMENTS FOR SPECIAL NUCLEAR MATERIAL IN DIFFUSE WASTE THAT WILL BE REGULATED BY THE STATE OF UTAH PURPOSE:
To seek, by negative consent, the Commission's approval of the staff's plans to issue an order to Envirocare of Utah, Inc., (Envirocare), under Section 274(f) of the Atomic Energy Act (AEA),
to exempt Envirocare from the licensing requirements for storage and disposal of special nuclear material (SNM)in diffuse waste that will be regulated by the State of Utah.
BACKGROUND: -
In 1992,-Envirocare filed a petition for rulemaking with the U.S. Nuclear Regulatory Commission (NRC) to exempt SNM in diffuse waste from the possession limits in 10 CFR Pad 150.
Envirocare further requested expedited rutemaking and/or an exemption from the licensing.
requirements in 10 CFR Part 70 in letters dated July 15 and August 11,1997. Staff's review of the petition request and discussion of other SNM related issues were presented in SECY
.98-010," Petition for Envirocare of Utah to Possess Special Nuclear Materialin Excess of Current Regulatory Limits," dated January 20,1998.
l0 CONTACT: Tim Harris, NMSS/DWM h
(301) 415-6613 SECY NOTE: In the absence of instructions to the contrary, SECY will notify the staff on Friday, October 16, 1998 that the Commission, by negative consent, assents to the action proposed in this paper.
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! Commissioner McGafhan's Comments on SECY-98-226:
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I commend the staffin partnership with Utah for identifying a path forward to resolve this long
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t festering issue. I agree with the staff's plan to proceed with developing the basis and conditions for the exemption and issuing the order but delaying its effective date until Utah completes the complementary State actions that are necessary to implement the exemption.
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