ML20202F281

Informs Commission That EDO Is Issuing Amends to 10CFR20 & 50 in Effective Form to Change Terminology for as Low as Practicable Limits

ML20202F281
Person / Time
Issue date:	11/20/1975
From:	Gossick L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
References
SECY-75-674, SECY-75-674-R, NUDOCS 9902030389
Download: ML20202F281 (10)

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INFORMATION REPORT November 20, 1975 SECY-75 674 F'r:

The Commissioners 5

From:

Lee V. Gossick, Executive Director for Operations

Subject:

AMENDMENTS OF 10 CFR PARTS 20 AND 50 -- CHANGE OF TERMINOLOGY FOR "AS LOW AS PRACTICABLE" LIMITS

Purpose:

To inform the Commission that the Executive Director for Operations is issuing amendments of 10 CFR Parts 20 and 50 in effective form to change the terminology for the "as low as practicable" limits.

Diccussion:

On May 5, 1975 the Commission published in the Federal Register its decision.in the rule making proceeding concerning numerical guides for design objectives and limiting conditions for operation to meet the criterion "cs low as practicable" for radioactive material in light-water-cooled nuclear power reactor' effluents.

In its decision the Commission stated that:

The Commission fully subscribes to the general principle that, within established radiation protection guides, radiation exposures to the public should be kept "as low as' practicable."

This precept Las been a central one in the field of radiation protection for many years. The term "as low as practicable" is defined in the Commission's regulations [10 CFR 50.34a(a)) to

r,g.79-614 mean "as low as is practicably achievable taking h M 'f7 into account the state of technology and the economics of improvement.s in relation to the Wn m[{QQ benefits to the pub".ic health and safety and in

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relation to the utilization of atomic energy in g4,g the public interest."

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Ef/N E We note that during the pendency of this rule g

making the International Commission on Radiological

'bd,f !Ll [^.(.hD Protection, in ICRP Publication No. 22, has G

replaced the phrase as low as practicable" with "as low as is reasonably achievable" in its recommendation on dose limitation.

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Its recommendation has also been expanded to

- identify two specific considerations - economic

- and social

.that are to be taken into account in' determining a level of exposure that may be considered "as low as is reasonably achievable."

Other considerations, such as ethical ones, are not excluded by this wording and may indeed be 1

consideredLto be included by the adjective " social."

'The ICRP has clearly. stated that the changed i

terminology does not reflect a change in the i

objectives of dose limitaticn, but rather a' choice 1

of language which "more closely describes its intentions."' See ICRP Publication 22, paragraphs 6, 7, and 20.

We endorse this attempt to.make this basiu concept of radiation protection more understandable. We are today directing the Commission's staff to prepare and issue for public comment a proposed 5

rule that substitutes the currently accepted I

phrasing -

"as low as is reasonably achievable"

-- for the older, less precise terminology in l

the.cany places throughout our regulations and regulatory guides where it appears.

In accordance with the Commission's directive the staff prepared proposed amendments to Parts 20 atd 50 (Enclosure "A" to Inform'ation Report

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SECY-75-343) which were published in the Federal Register on August 6, 1975, inviting public l

comments by October 6, 1975.

l Only one comment was received. The General Atomic Company in letter of' October 6, 1975 (Enclosure "B") expressed the view that some confusion and problems of practical application would result trom the words "other societal and socioeconomic considerations" in the proposed amend-ments of $5 20.1(c) and 50.34a(a). They indicated that questions would be raised as to whether the quoted words are within the-regulatory and statutory public health and' safety' concept and whether the words really add anything tolthe regulations.

l It is the staff's view that the words "other societal and socioeconomic considerations" are consistent with the recommendation on dose limitations, set out in h.,

ICRP Publication No. 22, serve to clarify the term l

"as low as?is reasonably _ achievable", and should be l

-included in the amendments.

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~. In accordance with the authority the Commission has delegated to the Executive Director for Operations to issue regulations in final form following expiration of the corment period when no significant adverse comments or significant questions have been received and no substantial changes in the text of the rule are indicated, I am issuing the amendments set out in Enclosure "A" to become effective 30 days after publication in the Federal Register. The text of the amendments is identical with the text of the proposed amendments published for comment.

Since the amendments are non-substantive and insignificant from the standpoint of environmental impact, neither an environmental impact statement nor a negative declaration need be prepared in connection with this rule making action.

The Joint Committee on Atomic Energy will be informed of this action. A public announcement will not be issued.

The staff will make appropriate changes in the regulatory guides where the term "as low as practicable" appears.

Coordination:

Concurred in by the Offices of' Administration, Standards Development, and Executive Legal Director. The Office of Public Affairs concurs that a public announcement is not warranted.

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~ ee V. Gossick Executive Director for Operations

Enclosures:

"A" - Notice of Rule Making "B" - Comment from General Atomic Company, 10/6/75 l

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Title 10 - Encrny.

CilAPTER. I -- NUCLEAR RCCULATORY. COMMLSSION PART 20 -- STANDARDS FOR PROTECTION AGAINST RADIATION PART 50 -- LICENSING OF PRODUCTION AND UTILIZATION FACILITIES i

Change cf. Terminology for "as low as practicable" Limits On May 5,1975, the Nuclear Regulatory Commission-publishN in the FEDERAL REGISTER its decision in the rule making proceedim; concerning i

numerical guides for design objectives and limiting conditions for opera-tion to meet the criterion "as low as practicable" for radioactive material in light-water-cooled nuclear power reactor effluents, including amendments of 10 CFR Part 50 which became effective June 4, 1975.

In its decision, the Commission noted that during the pendency of the rule making, the International Commission on Radiological Protection, in ICRP Publication No. 22 has replaced the phrase "as low as practicable" with "as low as is reasonably achievable" in its recommendation on dose limitation. The Commission, in its decision, endorsed the attempt to l

make this basic concept of radiation protection more understandable and directed the staff to prepare and issue for public comment a proposed rule

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i that would substitute the currently accepted phrasing "as low as is l

l-reasonably achievaole" for the older, less precise terminology where it j

. cppears in the regulations.

In accordance with the Commission's directive the staff prepared proposed a:asndments.of 10 CFR Parts 20 and 50 which would substitute 1

the term "as low as is reasonably achievable" for the term "as low as I

practicable."

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Enclosure "A" b

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The notice' of pr-nosed rule making war published i the l

FEDERAL REGISTER on August 6, 1975 (40 FR 33029) inviting public comments by.0ctober 6, 1975.

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'Only one comment was received.- The commenter expressed the view that some confusion and problems of practical application would result from the words "other societal and socioeconomic considerations" in the proposed amendments of 55 20.1(c) and 50.34a(a). The commenter indicated that questions would be raised as to whether the quoted words i

cre within the regulatory and statutory public health and safety concepts and whether the words really add anything to the regulations.

It is the Commission's view that the words "other societal and socioeconomic considerations" are consistent with the recommendation on dose limitation of the International Commission on Radiological Protection in ICRP Publication No. 22, serve to clarify the term "as low as is

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I reasonably achievable", and should be included in the amendments.

Notice is hereby given that the proposed amendments are adopted without change and are set forth below.

Persuant to the Atomic Energy Act of 1954,.as amended, the Energy Reorganization Act of 1974, as amended, and sections 552 and 553 of title 5 of the United States Code, the amendments to Title 10, Chapter I, Code:of Federal Regulations, Parts 20 and 50 set forth below are published j

sa a document subject to codification.

Effective Date:

These amendments become effective on i-l I Enclosure "A" i

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(Sec.161, Pub. L. o.>-703, 68 Stat. 948 (42 U.S.C. 2201); Sec. 201(f),

Pub. L.93-438, 88 Stat. 1243 (42 U.S.C. 5841)).

Dated at Bethesda, Maryland this 20th day of November 1975.

i For the Nuclear Regulatory Commission.

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Lee V. Gossick j

Executive Director for Operations j

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'!es beginning wit.h accordance wfS the Commissi:n's low ar ea.senably achieval;e" as used t

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t tive the Cons usion's sta2 has pre-in thL

.rt means as low as is rea.on.1 s 1-19. 48 Stat. 31. as amended. 7 USC. paaed the foUowm; proposed amend-ably achievable taking Lnto aecount the!

c4) ments of 10 CFR P:sts 20 and 50 which state of technology, and the economics of a would substitute thr term as low as is improvements in relation to benefits toi ated: August L 1175 retconably achavalle" for the term "as tne pubhc health anc safety and othere D. S. KvaY1.osE1, low as practicable.

societal and socloeconomic considera '

Acting Deputj Director, Fruit Pursuant to the / tomic Energy Act of tions, and in relation to the utilization of j atomic energy in the public interest. The.

cnd Yepefat. 4 Dit;isiots, Agri*

1954, as amended, t ;e Energy Reorgani-8"Id*8 ""* I" Appendix I provide nu !

culturalMaruting Sertrice.

ration Act of 1974, and section 553 of fca,w ter-coofed n el g a in IMc W20484 F11 484-75.8:45 ami Title 5 of the Unite l States Code. not!ce g

po r e-is hereby given that adoption of the fol-actors to meet the reqmrement that rad Titte 10- Energy lowing amendmente to 10 CPR Parts 20 dioactive material in emuents released tot an cne aud. AH inteWed 4 AMER l-NUCLl;AR REGULATORY unrestricted areas be kept as low as is!

COMMl;LSION reasonably achievable. These numerical.

com. nts r su ge.ti ns n orm et n guides for design objectives and hmitmg

T 20-STANDARDE FOR PROTECTION with the proposed amendments should conditions for operation are not to be, AGAINST RADIATION submit them by Oc,ober 6,1975, to the construed as radiation protection.

7 50-LICENSINil OF PRODUCTION Eecretary of the C-mmission, U.S. Nu-standards-A ;D UTILIZATION FACILIT;ES clear Regulatory Cernmus;on, Washing-ton, D C. 20555. Attention: Docketing I

Dan;e cf Term.,no. gy for "as low as and Service Section Cop es of comments E 50.36.

[ Amended}

i precticabh" Limits on the proposed ami ndments may be ex-

3. Section 50.36a and Appendix I of!

n May 5,1975 the Vuclear Regulatory amined at the Cum-11ssion's Public Doc-10 CFR Part 50 are amended by chang #

i n:ninion publishe d in the FrstaAL ument Room at 1 r17 H Street, NW. Ing the term "as low as practicable" to!

ma (40 FR 19i39) its decision in Washington, D.C. i

~as low as is reasonably achievable" ruic making pro :eedmg ccncernmg

1. Section 20.1 of 10 CFR Part 20 is wherever it appears.

a.; eat guidrs fo; C.e: Jct objectives emended by revising par.1 graph (c) to gg,,, 3,g, p,,, L, gy,7,3,,, 3t,,,

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. ::miting condittais for operation to read as follows.

U.S C. 2 col); Sec. 201 :f) Pub. L.93-433, 88.

at the criterion"as low as practicable 6 20.1 Purpose, stat.1:43 n2 U.S.C. :841)).

rad.onctive mate; ial in light-wster-M nuclear power ; eactcr emuents. in-Dated at Bethesd Maryland this 2nd s.

ung amendment.s of 10 CFR Part 50 4ct In secordance 'vith recommenda-day of July 1975.

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.e erective June 4, L975.

tions of the Federal Radiation Council, For the Nuclear tegulatory Commb-a its decision,the Commission stated approved by the President. persons en-ston.

gaged in activttles imder hcenses issued In V. Gosszcx' by the Nuclear Regulatory Corr'miulon Etesth' @ d -

I y suturibes to the pursuant to the Atomic Energy Act of for operattorts.

O. e commtadon fu; 4

a1 prmelple that within estab11 abed 1954 as amended and the Energy Re-orga'nization Act of 1974 should, in ed-WR Doc 3N9 r IM W5;S;45 am j tu public sho 4 be e aa 1 w as

ucat,le." nas prece >t has been a central dition to complying with the require-m the 231d of rw ation protection for rr.ents set forth in this part, make every Title 12-Ban Ls and Banking i

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7 years. no term %a low sa practicable" reasonable erort to ma:ntain radiation CHAPTER V--FfD ERAL HOME LOAN -

aned in the com maslona regulations exposures, and releases of radioactive BANK BOARD gra f,0.341(a)] to mean as low as in materials in eSuents to unrestricted

• cably achievable Lating into account areas. as low as is reasonably achievable.

17s-549]

l N term as low as is reasonably PART 523-MEA BERS OF DANKS achievable,, "means as low as is reason-b to S to sm nte n sublic braith and safety and in rela-io the uttuzation ofatomic energy in the ably achievable taking into account the U46 idity i

..: intsrest.

ctate of technology. and the economics of Jtn.Y 30,1975.

i note that during.be pendency of thia improvements in relation to benef.ts to The Federal Host e Loan Bank Boaru m:xng the Inter: attonal CommaMon the pubhc health and safety, and other considers it desirab e to amend i 523.11 t mological Protect 1 >n. In IC!tP Pub!!ca-societal and socioeconomic considera-of the Regulations f3r the Fedtral Home

'Ic*ticaN="w"1t tions, and in relation to the utilization I.can Bank System (le CFR 523.11) fori na to e a n y evable" m its recor.mendation on dose of atomic energy in the pub'ic interest.

the purposes of.in truaing the oversu!

Uquidity requireme it of each Federa!{

stion.

2. Section 50.34a of 10. CFR Part 50 Home Loan Bank 2 lember frem 6 per g recommemiation has also been ex - is amended by revising paragraph (a) to cent to 6% percent of its Houldity base,

ed to idsntify tw< apecinc congdera-read as foDows:

and of increasing e Leh members short -

s economic and so :tal-that are to be n into account in d< eermining a lent of $ 50'.34a Design oln.ecines for equip-term liquidity regtt rement from 2 per-l Jure thtt may be o insidered "sa. low as ment to control releence of radio-cent tc 2% percent < f such base. Accord 4 mons.bly achlerabli." other ccaalders-

- active material an efHuents-nuclear ingly, the Federal Home Losn Bankt s auch as ethical ores, are not excluded power reactors.

IMard hereby amenta said I $23.11 by re-l e "a$~,

truct a nuclear power reactor shan in-Nto na in!1u thereof, to read asj f a) An appucation for a permit to con-vising paragraph (a t b a et s

foDows, dective Sestember 1,1975:

l ne ICRP has cle 6rly stated thet the ced termmology toes not. retect a clude a description of the prehminary j

.:e m the oweetive of done limitation, design of equipment to be instaued to 0 523*II L."pmlity requiremem.

rather a choice of la ' guage which *more maintain Control oVer trdioact1Ve mate-

<a) cenerez.ror < ach calendi.r month 67 describes its talentions." See ICRP Ftals in gaseous and Mould efhents pro-each member, other than a mutual say)

.. cation 22. paragra; na 6, 7, and 20.

duced during normal reactr;r operations, tre is in &cL' E

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. > end:>rae this attom it to make tais baalc includ.l.ng expected operatlonal occur-rences. In the case of an application filed the election provid< d.for in paragraph' 1e in e Co h ca. to prepara and 1saus for publ,c on ci.' after January 2,1971, the app!.1ca. (e) of this section shall snaintain kn l z.ent a proposed ri :e that substitutes tion sha.11 also identify the design objec-average dauy balan e of Uguid assets In, cu rently accepted rbrasing "as low u tives, and the means to be employed, for an amount not less than CG p(rcent of' 3

.1No o b7 keeping levels of rad;oactive material in the average daily tulance of t.bt mem,

ecuents to unrestricted areas al low t.s ber's liquidity base,31rtag the peccedmg l.gbout our regulaspaa and regt.latory n where at typearall

!s reasonably achievable. Tna term as calendar month,exttpt as otherwise pro.

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FEDERAL RIGISTER, VOL. 40, NO.152-Wi visDAY, AUGUST 6,19ys f

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NtitA4 Atom GENERAL Atomic COMPANY LAN D Loo ALIFoANIA 92136 October 6,1975

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33cretary of the Commission g

4 U.S', Nuclear Regulatory Commission oocen,.

Weshington, D. C. 20555 -

t C 161973 y Attention: Docketing and Service Section m.m"* /p 1

Reference:

40 Federal Register, Page 33029 4R s

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Dacr Sir:

To the extent that the change in the regulations proposed by the Commission in the Federal Register for Aug'ist 6,1975, would adopt the

" reasonably achievable" rubric in lieu of " practicable" in Parts 20 and 50 of the regulations, we applaud the idea. Nevertheless, we foresee some problems of practical apolication attendant upon the language proposed for the attempt to conform with the ICRP recommendation, j

In general, licefise applicants already anses 3 societal and "socio-economic" factors in their environmental reports and PSAR's, and in the process they necessarily consider both the enhanced protection to the pub-lic health and safety which might be dertved from a refinement and the cost c,f an additional precaution under consideration.

A substantive change in the regulations, presumably not intended, may stem from the indication that achieving releases which are as low as is reasonably achievable requires taking into account not only the state of tschnology and economics in relation to benefits to.the public health and

. eclety, but also "other societal and socioeconomic considerations, and in relation to the utilir,ation of atomic energy and the public interest. " It is l

foreseeable that there will be painful debates over the significance of the underlined words as they would appear in context. For example, there will surely be clashing contentions about whether "other societal and so-cioeconomic" factors are within the regulatory and statutory public health and safety concepts. An issue certain to arise is whether the language proposed or any statute encompasses the " ethical" considerations to which the ICRP referred, and if so, how the NRC can assess what the philoco-phsrs dispute.

l Enclosure "B" A GULF AND ROYAL DUTOM/ SMELL COMPANY

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Secretary of the Commission. October 6,1975 The significan'ce of the phrase " societal and socioeconomic con-siderations" is elusive even without the surrounding questions generated by "other" and by the background reference to ethics, seeming to come from the social worker's jargon and to lack the precision needed by li-

' censees and their neighbors for making serious decisions that involve long-term commitments. We therefore ask the Commission to consider.

whether the quoted phrase really adds anything to the regulations except an opportunity for delays in the licensing processes, and whether "utili-zation... In the public interest" adequately covers the matter already, Very truly yours, i

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-James P, Hogan Attorney

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Enclosure "B" 4

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l DISTRIBUTION NO. OF COPIES 5

S:cretary Chairman Anders.

4 Commissioner Rowden

.2 i'

Commissioner Mason 3

Commissioner Gilinsky 2

l Commissioner Kennedy 3

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2 l

Ex:c Dir for Operations 1

j Acct Exec Dir for Operations i

2 L

Congressional Affairs Public Affairs 2

i General Counsel 5

2 In2pector & Auditor 2

Ex*c Legal Director.

Administration 3

I Controller 1

1 l

Policy Evaluation i

Planning & Analysis 1

International & State Programs 1

Nuclear Reactor Regulation 2

R3rctor Licensing

-3 Tcchnical Review 1

4 Standards Development j

Nuclear Material Safety & Safeguards 2

Materials & Fuel Cycle Facility Licensing 1

1 Ssfeguards 3

Inspection'& Enforcement 1

ACRS l

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