ML20199C740

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Notation Vote Approving with comments,SECY-98-225 Re Proposed Rule 10CFR63, Disposal of Hlrws in Proposed Geologic Repository at Yucca Mountain,Nv
ML20199C740
Person / Time
Issue date: 11/02/1998
From: Diaz N
NRC COMMISSION (OCM)
To: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20199C723 List:
References
SECY-98-225-C, NUDOCS 9901190101
Download: ML20199C740 (2)


Text

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NOTATION VOTE l l

l RESPONSE SHEET l

l TO: John C. Hoyle, Secretary I

FROM: COMMISSIONER DIAZ

SUBJECT:

SECY-98-225 - PROPOSED RULE: 10 CFR PART 63 l "

l - DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES

! IN A PROPOSED GEOLOGIC REPOSITORY AT YUCCA l MOUNTAIN, NEVADA" with comments Approved II Disapproved Abstain

,0 Not Participating COMMENTS:

f See attached comments.

SIGNATURN /

\ \ . 'A . *n B DATE 4 Entered on "AS" Yes No pjtigog gogia

. . , CORRESPONDENCE PDR  !

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O COMMISSIONER DIAZ'S COMMENTS ON SECY-98 225 - PROPOSED RULE PART 63 " DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A PROPOS GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA" (Notation Vote)

I would like to commend the staff for its analysis of the technicalissues associated with deep geologic disposal, and for proposing a rule that employs a feasible and accountable reg ,

approach. The proposed rule is the product of many years of comprehensive analysis ofl best available science and technology, of interactions with intemational and national bodies, and of intensive engagements with the Environmental Protection Agency and the Departme Energy. The management of high level radioactive waste (HLW) is a national issue import to the American people. The staff, responsive to the direction set by the Commission, has developed a sound, science-based framework for the Commission to exercise its independ decision-making responsibility in the licensing of a HLW repository. The establishment of effective, efficient, and timely rules that are protective of public health and safety and of the environment are required for the Commission to fulfillits responsibilities, in considering this proposed rule, I have been guided by the NRC's Principles of Good Regulation, includin fundamental notion that the American taxpayer, the rate-paying consumer, and licensees ar entitled to the best possible management and administration of regulatory activities.

The staff's proposal to use r'sk assessment in the rule will provide the most efficient means to address expected licensing issues related to Yucca Mountain. Risk assessment will also maintain flexibility to permit the introduction of new technologies that would enhance repositor performance and provide further assurance of adequate prJteClion of public health an and of the environment.  ;

in consideration of the above, I approve alternative 1, which contains risk informed and l performance-based criteria for both pre-closure operations and post-closure perform Yucca Mountain repository. This decision is made in full recognition of the complexity of the l iss%3 associated with this matter, and is consistent with other decisions made during my l tenure on the Commission.

Conceming the change process included in the proposed Part 63, I approve this sectio f publication as a draft, provided that it is made clear in the Federal Register notic 63.44 will be modified to be consistent with the final revisions to 10 CFR Pa being developed in response to the staff requirements memorandum for SECY-98-171 Finally, I support the statement in the Federal Register notice that the Commission is considering changes to the hearing process, .tg., legislative-style hearings. It is my

' the mission of the NRC can be carried out efficiently and with respect for the rights o Americans while concurrently ensuring adeque's protection would be maintained during activities at Yucca Mountain. The Office of General Counsel should develop, for Comm consideration, an informal hearing process for repository licensing, including drafting necessa l

l changes to 10 CFR Part 2.

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