ML20203G012

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Staff Requirements Memo Re SECY-97-240, Proposed Rulemaking Activity Plan (Rap). Commission Has No Objection to Proposed RAP
ML20203G012
Person / Time
Issue date: 12/12/1997
From: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
To: Callan L
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
REF-10CFR9.7 SECY-97-240-C, NUDOCS 9712180011
Download: ML20203G012 (4)


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UNITED STATES

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December 12. '997

$ECR*TARf MEMORANDUM TO:

L. Joseph Callan

.x cut e Director for Operations FROM:

ohn C./ oyle

SUBJECT:

STAFF REQUIREMEITI'S - SECY-97-240 - PROPOSED RULEMAKING ACTIVITY PLAN This is to advise you that the Commisalon has not objected to the proposed Rulemaking Activity Plan (RAP), subject to the general comments provided below and.the specific comments related to individual rulemakings in the attachment.

Regarding the exemption information presented in the SECY paper, the statf should provide additioaal information to subcategorize the exemption requests which have been granted to indicate how many-have a related nilemaking being planned and how many do not.

Once a trend in exemption requests is detec'ed that could be better handled by rulemaking, the staff shou 4 promptly inform the Commission.

Also, based or, the April 15, 997 SRM on COMSECY-96-061 (Risk-Informed, Performt.nce-Basad Regulation (DSI-12)), a review of the Regulatory Review Group results was to be incorporated into the semiannual update of the RAP.

The staff should ensure that the next update includes this information. The staff should use the RAP, where appropriate, as a vehicle for providing NRC licensees and other stakeholders with clear and accurate information about - e.nd a meaningful role in - the NRC's regulatory program.

Attachment:

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'O Specific Comments on Individual Rulemaking Activities j

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1._

NMSS-ClHP-37, Major Revision of 10 CFR Part 35,: Medical Use of Byproduct Material - The discussion of this rulemaking should be updated to reflect the public workshops which took place this fall.

2.

NRR-C1MP-10, Shutdown and Spent Fuel Pool Operations, Part 50

-This should be updated to reflect that the-proposed rule was provided to the Commission in July, 1997 and reflect the results of the SRM on SECY-97-168 when it is issued.

3.

RES-C4B-01, Requirements for Possession of Industrial Devices Containing Byproduct Material (Parts 31 and 32) -

The Commission understands that the response to this rulemaking is in review in the EDO's Office and will be forwarded to the Commission by the end of December.

If this is not the case, the staff should promptly update the Commission as to its plans, schedule, and recommendation with regard to this item.

(EDO)

(SECY Suspense:

12/31/97) 4.

RES-CIVB-10, Addition of DOE Multi Purpose Canisters, Part 72.214 - The staff should consult with DOE to determine the current level of interest within DOE on continuing the MPC program despite the recent budget cuts.

The Commission should be kept informed of the results of the consultation with DOE.

In the meantime, this rulemaking should be retained as a category IVb item.

5.

RES-C4B-19, Transfer of Unimportant Quantities of Source or Byproduct Material to Exempt Persons, Part 40.' 1 - For purposes of clarity, the staff should inform the Commission of its schedule for completing its evaluation of options, and submission of its evaluation to the Commission.

6.

RES-C4B-25, Extremity Dosimetry - The February 26, 1997 staff memorandum to the Commission states that the staff will conduct further reviews of licensee practices, available extremity dose data and relevant standards, and inform the Commission of its findings in early 1998.

However,.in'the RAP, the staff appears to be waiting for Commission direction on this item, but there is nothing on this matter pending before the Commission for decision.

Should further guidance be needed by the staff, it should promptly inform the Commission.

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RES-CS-l',. Criteria for Extraordinary Nuclear Occurrence, o

Part 140 - A request to terminate-this rulemaking has been in office review for the last 17 months.

The staff should improve the timeliness of its office level review.

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i 8.

NMSS-C5-ll, Safe Concentration for Possession of SNM in Contaminated Soil - The staff sheuld provide the Commission with an update on its progress in resolving this issue through the licensing approach advocated by the staff.

The update should include the bases for the staff's decision that safe special nuclear material (SNM) concentrations for site-specific practices and operations should be addressed through licensing rather than rulemaking, particularly since there is potential for existing or new sites to request such authorization.

The delay in resolving this technical issue could negatively impact decommissioning activities at DOE sites that dispose of contaminated soil at Envirocare.

The staff should forward a status report and plan for resolun.on of the issues at the earliest opportunity.

(EDO)

(SECY Suspense:

1/16/98) 9.

The rulemaking to change the maintenance rule should be included in the RAP as a Category III item and updated to reflect the results of the SRM on SECY-97-173 when it is issued.

10.

NRR-C3HP-29, Revision to 10 CFR 50.59; Changes, Tests, and experiments - the staff should update this item to reflect the results of the S.9M on SECY 97-205 when it is issued.

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