ML20196B763
| ML20196B763 | |
| Person / Time | |
|---|---|
| Issue date: | 11/18/1998 |
| From: | Merrifield J NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20196B718 | List: |
| References | |
| SECY-98-257-C, NUDOCS 9812010178 | |
| Download: ML20196B763 (1) | |
Text
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A F F l R M A T I O N VOTE RESPONSE SHEET l
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TO:
John C. Hoyle, Secretary I
FROM:
COMMISSIONER MERRIFIELD
SUBJECT:
SECY-98-257 - FINAL RULE, PART 2, SUBPART M "PUBLIC l
NOTIFICATION, AVAILABILITY OF DOCUMENTS AND RECORDS, HEARING REQUESTS AND PROCEDURES FOR HEARINGS ON LICENSE TRANSFER APPLICATIONS" Approved I
Disapproved Abstain Not Participating COMMENTS:
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rf97 It DATE
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i Entered on "AS" Yes ]
No 981201o178 981124 RES E PDR
[ par:
UNITED STATES I
y NUCLEAR REGULATORY COMMISSION I
j WASHINGTON. D C. 20555-0001 IN RESPONSE, PLEASE
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November 24, 1998 REFER TO: M981124
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OFFICE OF THE l
SECRETARY l
MEMORANDUM FOR:
Karen D. Cyr General Counsel William D. Travers Executive Director for Operations John F. Cordes, Acting Director Office of Commission Appellate Adjudication Th LS Senior Management Team FROM:
J, n C.
o le, Secretary SUBJEC 7:
STAFF REQUIREMENTS - AFFIRMATION SESSION,10:30 A.M.,
TUESDAY, NOVEMBER 24,1998, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)
L SECY-98-237 - Final Rule. Part 2. Suboart J. " Procedures Applicable to Proceedinas for the issuance of Licenses for the Receiot of Hiah-level Radioactive Waste at a Geoloaic Repository" The Commission' has approved a final rule amending 10 CFR Part 2, Subpart J, concerning the procedures applicable to proceedings for the issuance of licenses for the receipt of high-level radioactive waste at a geologic repository. The final rule includes retention and renaming of the Licensing Support System Advisory Review Panel to become the Licensing Support Network Advisory Review Panel, and restoring a Licensing Support Network Administrator. The statement of considerations notes that the Commission will undertake a separate rulemaking to [%
amend 10 CFR @2.715 to include federa!!y recognized Native American tribal governments.
in reporting to the Commission, the Senior Mai agement Team should include the LSN Advisory Review Panel (LSNARP) activities and the puvuc comments received at LSNARP meetings.
(Senior Management Team)
(Secy Suspense:
5/28/99)
Section 201 of the Energy Reorganization Act,42 U.S.C. Section 5841, provides that action of the Commission shall be determined by a " majority vote of the members present." Commissioner Diaz was not present when this item was affirmed. Accordingly l
the formal vote of the Commission was 4-0 in favor of the decision. Commissioner Diaz, however, had previously indicated that he would approve this paper and had he been present he would have affirmed his prior vote.
Affl;. tot w5 l-bW
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The Commission approved the publication and implementation of this final rule with the changes specified in attachment 1.
(Senior Management Team)
(Secy Suspense:
1/8/99) i 11 SECY-98-250 - International Uranium (USA) Corporation Commission Review of 12 Presidino Officer's Memorandum and Order (Aua. 19.1998) Dismissina Envirocare 2
The Commission has approved an order responding to Envirocare's request for a hearing and leave to intervene in this licensing proceeding. The Memorandum and Order affirms the Presiding Officer's order dismissing Envirocare.
(Subsequently, on November 24,1998, the Secretary signed the Order.)
Ill SECY 257 - Final Rule. Part 2. Subpart M - "Public Notification. Availability of Documents and Records. Hearino Reauests and Procedures for Hearinas on License Transfer Applications
- 2 The Commission has approved a final rule amending 10 CFR Part 2 concerning the Commission's Rules of Practice for Domestic Licensing Proceedings and issuance of Orders. It provides new procedures in Subpart M to provide specific uniform informal procedures for handling requests for hearings associated with license transfer applications and would apply to alllicense transfers that require prior NRC approval.
The Commission has approved the publication and implementation of this final rule with the changes indicated in attachment 2.
(OGC)
(SECY Suspense:
12/11/98)
[V..
SECY-98-262 - North Atlantic Enerav Corporation (Seabrook Station Unit No.1): Motion to Withdraw Acolications and to Terminate Proceedinas 2
The Commission has approved a Memorandum and Order responding to North Atlantic Energy Corporation's motion to withdraw its amendment applications and to terminate two related adjudicatory proceedings. The Memorandum and Order which grants North Atlantic Energy Corporation's motion to withdraw its amendment applications, dismisses the related adjudicatory 2
Section 201 of the Energy Reorganization Act,42 U.S.C. Section 5841, provides that action of the Commission shall be determined by a " majority vote of the members present." Commissioner Diaz was not present when this item was affirmed. Accordingly the formal vote of the Commission was 4-0 in favor of the decision. Commissioner Diaz, however, had previously indicated that he would approve this paper and had he been l
present he would have affirmed his prior vote.
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7 proceedings as moot, and vacates the Atomic Safety and Licensing Board's decision in LBP !
23.
The staff should inform the Commission on how common it is for licensees to make an
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operational change (such as changing refueling outage cycles from 12 to 24 months) through a L
series of amendments rather than through a single request and whether the staff has in place any mechanism for assessing the cumulative safety impact of a series of individually less l
significant amendments. The Commission agreed that the staff response can be handled in an informal manner such as a memorandum to the Commission.
(EDO)
(SECY Suspense:
1/15/99)
(Subsequently, on November 24,1998, the Secretary signed the Order.)
Attachments:
As stated cc:
Chairman Jackson Commissioner Dieus Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield EDO OGC ClO CFO OCAA OCA OlG OPA Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
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ATTACHMENT 1 l
Changes to the Federal Reaister Notice in SECY-98-237 5.
On page 9, first full paragraph, line 3, replace ' phase' with 'of the rule.'
6.
On page 14, with regard to the funding issues, the Commission supports the first approach (i.e., having participants approach those Affected Units of Local Governments for funds). The second approach should be removed from the final rule and the notice revised to reflect this change.
7.
On page 29, last paragraph, line 9, insert 'and' after the comma and place a period after
' party.' Delete the remainder of the sentence (Subpart (4) of the definition).
8.
On page 31, under ' Pre-license application phase', at the end of line 5, delete the extra period.
9.
On page 45, last paragraph, line 2, delete the extra space after '(2)'.
10.
On page 46, paragraph 1, line 7, delete the space after ' electronically'.
Changes to the Letters in SECY 98-237 11.
In the letter to Gore, replace 'Al Gore' with ' Albert Gore, Jr.'
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ATTACHMENT 2 Changes to the Federal Realster Notice in SECY-98-257 12.
On page 8, paragraph 1, last line, add a period at the end.
13.
On page 14, in the Commission response at the top of the page, change it to read:
Although the suggestion goes well beyond the scope of the proposed rule, the Commission notes elsewhere in this notice that it has argued in court that section 189a of the Atomic Energy Act does not require formal hearings, and the Commission has directed the staff to seek legislation that supports greater use of informal procedures. The Commission has also asked the staff to advise the Commission on ways to enhance the Commission's ability to use informal procedures in any proceeding in which formal procedures are currently used.
14.
On page 17, under comment 11, line 3, delete the extra 'n' at the end of 'Pittman'.
i 15.
On page 19, paragraph 1, line 8, move ' expressly
- to after ' rule'.
16.
On page 19, paragraph 1, line 12, insert a comma after 'Thus'.
17.
On page 21, first full paragraph, in the last sentence, delete everything after 'rulemaking,'
and replace it with 'but, as noted in more detail in response to an earlier comment, the Commission is taking steps to expand the use of similar procedures in other proceedings.'
18.
On page 22, in Section lil, line 4, insert a comma after '184'.
19.
On page 36, paragraph 2, line 4, replace 'Part 52' with ' Parts 2'.
20.
On page 37, last paragraph, line 2, insert a comma after '35' and 'a' at the end of the line.
Changes to the Congressional letters in SECY-98-257 21.
In the letter to Schaefer, correct the left margin alignments in the first two lines in the first paragraph and the first line in the last paragraph. Also add a comma after 'Schaefer'in address.
22.
In the letter to inhofe, correct the spelling of 'Inhofe' in the address.
23.
In the letter to Gore, replace 'Al Gore' with ' Albert Gore, Jr.'
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l ATTACHMENT 2 l
Changes to the Press Release in SECY-98 257
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24.
On page 1, paragraph 2, line 4, insert a new sentence after ' procedures
- as follows:
Last year, the NRC handled more than 20 reactor related license transfer cases, as compared with an average of two or three annually in earlier years.
25.
On page 1, paragraph 2, line 4, insert ' rule' after ' amendment'.
26.
On page 1, paragraph 2, line 5, insert 'any' after ' handling of' and insert 'that are conducted' after ' hearings'.
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On page 1, paragraph 2, lines 6-9, delete the last sentence.
28.
On the last page, last paragraph, line 3, replace ' virtually all' with 'the majority'.
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