ML20198R041
| ML20198R041 | |
| Person / Time | |
|---|---|
| Issue date: | 11/07/1997 |
| From: | Joseph Holonich NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Dambly D, Treby S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| REF-WM-3 NUDOCS 9711130134 | |
| Download: ML20198R041 (2) | |
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November 7, 1997 MEMORANDUM TO: Stuart A. Treby, Assistant General Counsel for Rulemaking and Fuel Cycle Office of the General Counsel Dennis A. Dambly, Asslatant General Counsel
- Materials, Antitrust, and Special Proceedings Branch Offica of the General Counsel FROM:
Joseph J. Holonich, Chief (Original signed by)
Uranium Recovery Branch Division of Waste Management Office of Nuclear Safety and Safeguards
SUBJECT:
SUPPORT FROM THE OFFICE OF THE GENER/.L COUNSEL Attached you will find a list of activities that the Uranium Recovery Branch (URB) has identified as areas where it will nesd support from the Office of the General Counsel (OGC). These activities ara contained in the URB operating plan for Fiscal Year 1998. ' A majorhy of the assistance URB will need from OGC is in non-hearing related matters. However, given the re;ent increase in public involvement in uranium recovery licensing actions, some assistance has been identifisd from OGC in the hearing area.
Attachment:
As stated CONTACT: Joseph J. Holonich, NMSS (301)415-7238 M ls } ^d i
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Areas of Support From the Office of the General Counsel NEW RULEMAKING - Staff is budgeted to conduct a rulemaking for the regulation of -
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uranium recovery facilities to be complete in Fiscal Year (FY) 2000. The purpose of the rulemaking is to correct inconsistencies and unclear requirements; codify recent j
regulatory decisions, precedents from staff reviews, and changes in policy (use of tailings 1
impoundments for other waste as recommended by Defining Strategic issue 9); and include regulatory requirements for in situ leach facilities (little applicability in current Part 40), initially, the staff plans to develop a rulemaking plan, and then based on guidance from the Commission proceed.
RADIOLOGICAL CRITERIA RULE FOR URANIUM RECOVERY SITES - Complete the piece of radiological criteria rule that deals with uranium recovery sites.
MAYBELL 80% COMPLETION - Staff needs Office of the General Counsel (OGC) advice on whether or not NRC can conditionally concur in the Maybell Title I site at 80%
completion, and license the site for long-term care. The U.S. Departments of Energy's (DOE's) authority under the Uranium Mill Tailings Remedial Action Project (surface cleanup) will expire at the end of FY98. The potential exists for completion of construction of the tailings cell at the Maybell site to be incomplete (approximately 20%
incomplete). Stre "eds OGC advice regarding staff's ability to concur on 80%
completion.
ATLAS - Same issues as in FY97. Issues with stakeholders will still remain and could escalate if a final decision is made, resolution of issues with other Federal Agencies, concems related to Final Environmental Impact Statement.
NEW SITES - Fatential exists for the staff to receive license applications for two new sites per year over the next five years. Associated with these applications are legal issues and the i otet
- ar hearings. Staff may or may not participate in these I earings depending on the ns6 sf hearing issues.
GUIDANCE DOCUMENTS - Staff (with contractor support) will be completing and issuing three new or revised standard review plans during FY98. OGC input may be needed for responses to comments regarding these plans.
AMENDMENTS - Based on previous experience, staff has relied on support of OGC regarding 10 to 20 amendments per fiscal year. These include questions related to sureties, processing altemate feed at mills, and termination of licenses. In addition, tow to three amendment applications have resulted in hearings. Staff may not participate in all hearings depending on the nature of the hearing issues.
TITLE I - Staff will continue to request OGC advice regarding generic issues related to the Title i surface cleanup program during FY98. Following completion of the Title i surface remediation program, staff will continue to need periodit support from counsel regarding the Title I groundwater cleanup program.
OGC support is needed for ongoing hearings where staff is a participant. Currently these include: 1) the Hydro Resources Crownpoint project; 2) the White Mesa attemate feed amendment; and 3) the Quivira amendment to dispose of 11e.(2) material in its tailings
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