ML20204C599
| ML20204C599 | |
| Person / Time | |
|---|---|
| Issue date: | 02/24/1999 |
| From: | Merrifield J NRC COMMISSION (OCM) |
| To: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20204C546 | List: |
| References | |
| REF-10CFR9.7 SECY-99-042-C, SECY-99-42-C, NUDOCS 9903230164 | |
| Download: ML20204C599 (2) | |
Text
_._ _ _ _ _ _ _.
NOTATION VOTE RESPONSE SHEET TO:
Annette Vietti-Cook, Secretary FROM:
COMMISSIONER MERRIFIELD
SUBJECT:
SECY-99-042 - DENIAL OF A PETITION FOR RULEMAKING:
NUCLEAR ENERGY INSTITUTE (NEI) (PRM-30-61)
Approved t/
Disapproved Abstain l
Not Participating i
COMMENTS:
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SIGNfTidREi 7V 2/b5'be
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DATE i
Entered on "AS" Yes X No 9903230164 990319
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PDR COPMBIWICC l
CORRESPONDENCE PDR 1
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i Commissioner Merrifield's comment:
l l approve both the denial of the NEl petition regarding the implementation of the Timeliness Rule and the development of guidance to address the concerns in the NEl petition regarding i
implementation of the Timeliness Rule. The staff's guidance on approving extensions of the timeliness requirements for decommissioning sites and separate buildings or outdoor activities should include the consideration of some type of financial commitment, such as a bond or other
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instrument, to guarantee coverage of reasonably predicted decommissioning costs in case the j
company were to become financially insolvent prior to the commencement of decommissioning activities.
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/pa ctog'o UNITED STATES f*.
NUCLEAR REGULATORY COMMISSION S
j WASHINGTON D C 70555- 0001 o,
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March 19, 1999 OFFICE OF THF SECRETARY MEMORANDUM TO:
William D. Travers Executive Director for Operations
\\
FROM:
Annette Vietti-Cook, Secretary pt#
SUBJECT:
STAFF REQUIREMENTS - SECY-99-042 - DENIAL OF A PETITION FOR RULEMAKING: NUCLEAR ENERGY INSTITUTE (NEI)(PRM-30-61)
The Commission hr, approved the staff's recommendation to deny the petition for rulemaking submitted by NEl and agreed that the staff should develop guidance documents ta cle+ the flexibility of the current regulations to grant licensees alternative time schedules for initiation of decommissioning. The staff should work closely with stakeholders in open meetings (and via the Inter'1et Home Page, if appropriate) to develop the criteria for review and approval of alternate decommissioning schedules. The review criteria should also address the case of federal facilities undergoing decommissioning, a subject which has come up in discussions of external regulation of DOE nuclear facilities. It is the Commission's underslanding that alternate schedule requests would be granted for a federal facility if the lice see established, inter alia, f
that an alternate schedule involving some of the federallicensee's r. sher facilities would better p, take into account the federal licensee's overall decommissioning needs. In other words, the NRC decommissioning timeliness rule would no_t disrupt the health, safety, and environmental priorities established for the massive overall clean-up of DOE's nuclear facilities. The staff's gt!Mr n on approvirq extensions Of the timeliness requirements for decommissioning sites and sei. n a buildings S e.Jdoor activities should include the consideration of the need to establish or i, wise financial assurance instruments for decommissionirig, such as a bond or other instrument, to assure coverage of reasonably predicted decommissioning costs in case the company were to become financially insolvent prior to the commencement of decommissioning activities. The staff should advise the Commission of the need for rulemaking to effect such assurance.
Specific edits to the Federal Reaister notice, letter to NEl, and Congressional letters are noted in the attachment.
Attachment:
As stated 4
08GN$5N V/Vh
r-o 1
cc:
Chairman Jackson Commissioner Dicus l
Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield OGC CIO CFO OCA OlG OPA Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
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Attachment Changes to SECY-99-042 i
in the Federal Reaister Notice:
1.
On page 4, item number 1, revise as follows:
- 1. NRC believes the current language of the Timeliness Rule is sufficiently flexible to accommodate the petitioner's concerns because it currently contains provisions for granting licensees alternative time schedules for initiating decommissioning.--and NRC also believes that clarification of the specific acceptance criteria for granting alternative schedules could be achieved through the development of guidance.
2.
On page 6, paragraph 1, insert the following ser.tence as the next to last sentence:
Obviously, if the petitioner believes that the final guidance documents and their implementation do not adequately address the intent of the petition, the petitioner has the option of re-submitting the petition.
In the letter to NEl:
3.
Change the last paragraph as follows:
NRC has considered both the petition and public comments on it. For the reasons specified in the enclosed Federal Reoister notice, your petition is denied. Despite this denial, as discussed in our meeting with NEl on September 2,1998, we have initiated the development of guidance to our staff; whlch wi" al;c bc govided to meterial liccr.;;;;, on the enteria to be applied to requests for approval of alternate decommissioning schedules under the Commission's regulations. We intend to solicit l
input from NEl and other stakeholders through open meetings and NRC's Website to develop the review criteria. The final guidance will also be provided to materials licensees.
i In the Congressionalletters:
4.
At the end of the third paragraph, add: For example, since the effective date of fne Timeliness Rule, August 15,1994, fewer than 30 licensees out of several thousand have requested approval to delay decommissioning activities and only 3 were initially denied -
2 were subsequently withdrawn and 1 was approved.
5.
Change the last paragraph as follows:
Although the PRM has been denied, the NRC has initiated the development of guidance to its staff, which will be made available also to material licensees, on the criteria to be applied to requests for approval of alternate decommissioning schedules under the NRC's regulations.
e 6.
The letter to the House of Representatives should be addressed to Joe Barton instead of Dan Schaefer.
(EDO)
(SECY Suspense: (FRN, press release, and letters 3/26/99)
(EDO)
(SECY Suspense: (Guidance Documents 6/30/99) l l
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