ML20205J423
| ML20205J423 | |
| Person / Time | |
|---|---|
| Issue date: | 03/09/1999 |
| From: | Dicus G NRC COMMISSION (OCM) |
| To: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20205J400 | List: |
| References | |
| SECY-99-049-C, SECY-99-49-C, NUDOCS 9904120041 | |
| Download: ML20205J423 (2) | |
Text
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NOTATION VOTE RESPONSE SHEET TO:
Annette Vietti-Cook, Secretary FROM:
COMMISSIONER DICUS
SUBJECT:
SECY-99-049 - COMPATIBILITY OF AGREEMENT STATE PROGRAMS THAT PROHIBIT THE DISPOSAL OF MIXED WASTE Approved Disapproved xx Abstain Not Participating COMMENTS: See attached comments s
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l Commissioner Dieus' comments on SECY-99-049:
Commissioner Dieus disapproves the staff's recommendation to approve the position that Agreement States programs that prohibit the disposal of mixed waste are compatible with NRC's regulatory program. The paper should be returned to the staff without approval because it was submitted to the Commission without a legal analysis of whether the NRC would have the authority to require Agreement States to allow for disposal of mixed waste. The Commission should not have been asked to decide the compatibmty question without such an analysis. If the papi? is resubmitted, it should include a discussions of the implications of a decision of non-compatibility. Given that the present mixed waste problem is tne result of Federal, not State regulations, the NRC should be careful about undertaking any action that might have a detrimental effect upon existing Agreement State programs for the regulation of LLW disposal.
For this reason, if the staff resubmits the paper, it should include discussion af the merits of deferring c decision pending a more satisfactory resolution of the mixed wa ;:e problem at the Federal level.
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