ML20196C584

Staff Requirements Memo Re Affirmation Session on 990618 in Rockville,Md Re Secy 99-133 Final Rev to 10CFR50.65,revised

ML20196C584
Person / Time
Issue date:	06/22/1999
From:	Vietticook A NRC OFFICE OF THE SECRETARY (SECY)
To:	Cordes J, Cyr K, Travers W NRC OFFICE OF COMMISSION APPELLATE ADJUDICATION (OCAA), NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
REF-10CFR9.7 M990618C, SECY-99-133-C, NUDOCS 9906240061
Download: ML20196C584 (6)

Text

.

/*  % UNITED STATES y *

, NUCLEAR REGULATORY COMMISSION IN RESPONSE, PLEASE g  ; WASHINGTON, D.C. 20555-0001 REFER TO: M990618C

% "***# Revised S"amar June 22,1999 '**********************'

RELEASED TO THE PDR MEMORANDUM FOR: Karen D. Cyr l l General Counsel 5 b d *

$ date initia!S >

William D. Travers **********************N  !

Executive Director for Operations i John F. Cordes, Acting Director Office of Commission Appellate Adjudication FROM: Annette Vietti-Cook, Secretary _

SUBJECT:

STAFF REQUIREMENTS - AFFIRMATION SESSION,11:30 A.M.,

FRIDAY, JUNE 18,1999, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)

L SECY-99-133 - Final Revision to 10 CFR 50.65 to Reauire Licensees to Perform Assessments Before Performina Maintenance The Commission approved a final rule, subject to the changes in attachment 1, amending 10 CFR 50.65 to require that power reactor licensees, before performing maintenance, asciss and manage the increase in risk that may result from the maintenance activities. [ ll3 Following incorporation of these changes, the Federal Reaister notice should be reviewed by the

{

Rules Review and Directives Branch in the Office of Administration and forwarded to the Office 3 l of the Secretary for signature and publication. l (EDO) (SECY Suspense: 7/16/99)

The Commission agrees with the staff that, given the importance of the regulatory guidance to our licensees and inspectors, the final rule should not become effective until the final regulatory guide is in place for 120 days. While the final rule is an important first step, the staff has a great deal nf work remaining on the development of acceptable regulatory guidance. This should include careful consideration of stakeholder comments and a very thorough review of the operationalimplications of such guidance. As directed in the Staff Requirements Memorandum from the briefing on the maintenance rule dated May 13,1999, the draft regulatory guide should be provided to the Commission for information.

(EDO) (SECY Suspense: 7/13/99) p(10 9906240061 990622

.7 PDR

/14 hhd

1 Prior to issuing the final regulatory guide, the staff should provide it to the Commission for review and approval.

(EDO) (SECY Suspense: 11/15/99)

I 11 SECY-99-145 - Kansas Gas & Electric Co.. et. al. (Wolf Creek Generatina Station.

Unit 1L Docket No. 50-482 (Antitrust issues 1 The Commission approved a Memorandum and Order, subject to the changes in attachment 2, rejecting a petition for review of the antitrust issues in the license transfer application for the Wolf Creek nuclear power reactor. It also directs the NRC staff to initiate a rulemaking to remove any implication in current rules that the NRC would conduct antitrust reviews of license transfers.

Further, the Order solicits the parties' views on how best to handle the Wolf Creek license conditions, and gives non-parties an opportunity to comment.

The staff should initiate a rulemaking to remove any implication in current rules that the NRC would conduct antitrust reviews of license transfers and clarify Regulatory Guide 9.3 and NUREG '1574.

(OGC/EDO) (SECY Suspense: 8/27/99)

The staff should publish this Order in the Federal Reaister and place it on the NRC's Web site.

(SECY) (SECY Suspense: 6/25/99)

(Subsequently, on June 18,1999, the Secretary signed the Memorandum and Order.)

Attachment:

As stated cc: Chairman Jackson Commissioner Dicus Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield CIO CFO OCA OlG OPA Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)

PDR - Advance DCS - P1-17

C Attachment 1 Changes to the Final Rule in SECY-99133

1. The staff should review the Federal Register Notice (FRN) to ensure that it consistently accounts for the new language in 10 CFR 50.65(a)(4).

2. On page 11, line 11 from the top, capitalize ' Regulation'.

3. On page 13,'line 2 from the bottom, delete ' normal'.

l l

l l

Attachment 2 Changes to the Memorandum and Order in SECY-99-145 l

1. On page 3, line 4, move the footnote notation outside of the period.

2. On page 3, i full paragraph, line 11 indicates that emphasis has been added but it is not clear where.

3. On page 3,1" full paragraph, line 12, delete the space after '105' and the period after the

'c'.

4. On page 5,2ad full paragraph, line 3, insert a apace between ' March' and '31'.

5. On page 6,2"d full paragraph, line 6, replace the dash with an apostrophe.

6 On page 6, revise the last line to read ' . developed to a great extent at government l (i.e., taxpayer) -taxpayer-- expense . '

7. On page 7, revise line 5 to read * . benefits of nuclear resources and thereby create an anti-competitive situation rcap the benc'its of "chcap" nuc' car-generated clc;tricity. j

8. On page 10,2"d paragraph, capitalize the 's' in 'section'.

9. On page 10, revise the last line to read ' . the Commission could order a remedy-one

10. On page 12,1 full paragraph, revise lines 5 through 10 to read 'At the time Congress enacted Section 105, it envisioned tThis broad and comprehensive review-makes sense at the construction .. Congress believed that at the construction phase -- before the

. plant is built and before its operation is authorized by the Commission - -when the Commission would be is pecuharly well-positioned to offer meaningful remedies, such as license conditions, if it found that granting the licenso would create 4inds a situation inconsistent with the antitrust laws.'

11. On page 12, revise the last 2 lines to read ' . review provisions "shall not apply to an  ;

application for a license to operate a utilization or production facility for which a 1 construction permit was issued under section 103 in operating Uccasc pmrccdings unless the Commission .

I I

12. On page 12, revise footnote 6 to read 'But s6ee note 22, infra.'  !

13. On page 13,1" full paragraph, lines 4 through 6, delete 'and this Commission no longer

. . exacerbates an anti-competitive situation,'.

14. On page 13, revise the last 2 lines to read ' . to protect public health and safety and the l common defense and security intercs: frorn the hazards of radiation.7 l

15. On page 15,1" full paragraph, line 11, close the quotation marks around ' possess'.

)

I l

E l

16. On page 16,1" full paragraph, line 9, remove the underlining in the space after '(1994);'.

17. On page.17, line 3, capitalize the 'N' in ' national'.

18. On page 18, line 2, place 'significant changes' in quotation marks. Also, in the 1" full paragraph, line 5, place 'significant changes' in quotation marks.  ;

19. On page 19, last paragraph, revise line 8 to read ' ... were expected to be inexpensive (seme one AEC Chairman erroneously . .'

. 20. On page 21, footnote 11, line 5, insert closing quotation marks after ' scheme.'

21. On page 23,1" full paragraph, line 1, place 'significant changes' in quotation marks.

22. On page 26,1" full paragraph, line 4 after the indent, delete 'for'.

23. On page 26, last paragraph, line 4, place 'significant changes'in quotation marks.

24. O' page 28,1" paragraph, revise line 10 to read ' . antitrust information is to enable-so the staff to een determine . ..'  !

I

' 25. On page 29,1" paragraph, revise line 6 to read ' . protecting the public health, and 3 safety and in:cicst and the .. .' i

26. On page 30, line 3, move footnote 17 to after the comma.

27. On page 30, last paragraph, revise line 2 to read ' . . anticompemive conduct by the NRC's nuclear . . '

28. On page 31, revise line 1 to read * . . which, therefore, werem of great concern to .

29. On page 31, last paragraph, revise line 1 to read ' . in the Clayton Act also have contributed to eliminating .. '

30. On page 32, line 1, move footnote 21 to after the comma.

l

31. On page 33, revise lines 4 through 9 to read ' . competitive situation, (1)it might be appropriate to retain where the existing condRions where they apply only to . . transferred license, (2) it might be appropriate to remove partain where the conditions where they apply to only .. the transfer, and (3) it might be would appear appropriate to remove exist.ng conditions or modify references to licensees in the conditions when existing . '

32.' On page 33, last paragraph, revise line 6 to read ' . standing, that4o propose j appropriate . '

{

33. On page 33, in footnote 23, revise line 3 to read ' . conditions were imposed at a licensing .. .'

I I

l 1

o

i.

l.- .

j

.-g

( 34. On page 34, last paragraph, revise lines 1 and 2 to read * .. adjudication to decide new i

general policy or changes in matteref general policy g , ara lly has focused . '

l l

l i

i i

l l

i l

1 I

l l i

l i

l l

l l

i

'1 l

1 l

.. a