ML20196C593

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Staff Requirements Memo Re Affirmation Session on 990622 in Rockville,Md Re SECY-99-130,final Rule, Revs to Requirements of 10CFR50 & 72 Concerning Changes,Tests & Experiments
ML20196C593
Person / Time
Issue date: 06/22/1999
From: Vietticook A
NRC OFFICE OF THE SECRETARY (SECY)
To: Travers W
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
REF-10CFR9.7 M990622, SECY-99-130-C, NUDOCS 9906240064
Download: ML20196C593 (4)


Text

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UNITED STATES f

NUCLEAR REGULATORY COMMISSION IN RESPONSE, PLEASE t;

g WASHINGTON. D.C. 20555-0001 REFER TO: M990622 n

% *****/

June 22, 1999

)**********************'

l RELEASED TOTHE PDR SECRETARY e

MEMORANDUM FOR:

William D. Travers A

date initials Executive Director for Operations

..........eee>

FROM:

Annette Vietti-Cook, Secretary i

SUBJECT:

STAFF REQUIREMENTS - AFFIRMATION SESSION,3:00 P.M.,

TUESDAY, JUNE 22,1999, COMMISS!ONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDAACE)

L SECY-99-130 - Final Rule - Revisions to Reauirements of 10 CFR Parts 50 and 72 Concernina Chanaes. Tests. and Experiments The Commission' approved a final rule amending 10 CFR 50.59 and related requirements in Parts 50 and 72 concerning the authority for licensees of production and utilization facilities, such as nuclear reactors and for independent spent fuel storage facilities, and for certificate holders for spent fuei storage casks, to make changes to their facilities and procedures, or to i

conduct tests and experiments without prior NRC approval. The Commission approved publication and implementation of this final rule subject to the comments and changes provided in the attachment and any related conforming changes.

Following incorporation of these changes, the Federal Reaister notice should be reviewed by the o[

3 Rules Review and Directives Branch in the Office of Administration and forwarded to the Office of the Secretary for signature and publication.

(EDO)

(SECY Suspense:

7/23/99) l

Attachment:

As stated 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 " Commissioners Dieus, Diaz, McGaffigan, and Merrifield were present in the meeting room. Chairman Jackson participated in the meeting via speakerphone.

0f O'h 50 9906240064 990622 eDR 10CFR

r. 9. 7 PDR L

m i cc:.

Chairman Jackson Commissioner Dicus Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield EDO OGC CIO CFO-OCAA OCA OlG OPA Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)

PDR - Advance DCS - P1-17 I

E l..

Attachment Changes to the Federal Reaister Notice l

1.

To ensure that the NRC can properly oversee the implementation of the new rule, any implementation should be deferred until the Commission has approved the Regulatory Guide. The process for developing the guidance should be as transparent as possible, with successive drafts of the guidance available to all on the NRC's Web site.

The effective date of the final rule shall be 90 days following Commission approval of the Regulatory Guide. The final Regulatory Guide should be submitted to the Commission for approval.

(EDO)

(SECY Suspense:

5/30/2000) i l

2.

Since the guidance specific to Part 72 facilities is expected to be available at a later date than that for Part 50 facilities, the effective date for these sections should be separately established at 18 months from the publication of the final rule in the Federal Reaister.

The staff shall provide the Part 72 guidance to the Commission for information.

3.

The Commission disapprcved the proposed enforcement criterion which would impose a Seventy Level lll violation for a licensee's failure to submit an amendment as required if a substantial review (based on the merits of the tachnicalissues) is needed by the NRC before it could conclude that the licensee's actions were acceptable. Instead, the enforcement policy should consider the safety significance of the violation in question and the impact of the violation on the ability of the NRC to regulate effectively. The FRN l

should be revised accordingly.

4.

On page 6, under Section ll, line 11, add an 's' to ' support'.

l 5.

On page 11,2"d full paragraph, line 5, insert a semicolon after ' changes'.

l 6.

On page 33, paragraph 3, line 4, change the first comma to a period.

7.

On page 42,1" full paragraph, revise line 5 to read '.. acceptance values in the regulations regulatory requircmente..'

8.

On page 59, lines 1 through 5, delete the parentheticals to be consistent with the deletion of Example 4 on page 64.

9.

On page 64, delete example 4.

10.

On page 77, paragraph (e), line 6, insert the missing sentence to conform the language to that on page 136.

11.

On page 77, paragraph (e), revise lines 6 and 7 to read 'The submittal shall include-must desenbe the effects.

m-O 12.

On page 77, paragraph (e), line 7, insert a colon after 'of'.

13.

On page 90, paragraph 2, revise line 8 to read '. this has been changeds to require.

14.

On page'111, paragraph (a), line 5, move the start of the parentheses to before 'as' 15.

On page 112, paragraph (c)(2), line 9, delete the quotation mark after the period.

16.

On page 133, revise paragraph (vii) to read '.. for a fission product barrier as described in the FSAR (as updated) being exceeded.. '

' 17.

On page 133, revise paragraph (4) to read '. do not apply to changes to the facility or procedures when. '

18.

On page 142, revise paragraph (Ch2)(ii) to read '. minimal increase in the likelihood of occurrence of a malfunction.

,