ML20205J686

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Responds to Requesting Clarification of NRC Regulations Re Advance Notification of States for Spent Fuel Shipments
ML20205J686
Person / Time
Issue date: 04/07/1999
From: Brach E
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Laden F
NEBRASKA, STATE OF
References
NUDOCS 9904120157
Download: ML20205J686 (1)


Text

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' April 7, 1999 Mr. Francis A. Laden Assistant Director Emergency Management Agency -

1300 Military Road

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Lincoln, NE 68508-1090 -

Dear Mr. Laden:

l am responding to your letter dated March 8,1999, in which you requested clarification of U.S.

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Nuclear Regulatory Commission (NRC) regulations concerning advance notification of states j

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for spent fuel shipments.

l Prior to the transport of spent fuel within or thro _ ugh a state, NRC requires (10 CFR 73.37(f)] its licensees to notify the governor, or the govemor's designee. NRC has no specific requirements regarding notification of local officials / emergency response personnel. Subsequent notifications to officials / personnel within a state have been left to the discretion of the governor, d

who makes the "need to know" determination. Note that notifications contain shipment schedule and itinerary information that is considered Safeguards Information under 10 CFR l

73.21(b)(2)(ii), and that persons in possession of Safeguards Information are required {10 CFR 73.21(a)) to protect that information from unauthorized disclosure.

in response to your specific questions:

1.

NRC has no objection to the advance notification of local officials and/or emergency responders by the governor or governor's designee, provided that all persons in possession of Safeguards Information comply with the protection requirements noted above.

. 2.

. NRC has no limitation on those persons within a state that the governor or his designee may notify. Again, these persons are subject to the Safeguards Information protection requirements.

I trust you will find this information useful. If you have further questions, please contact John Cook at (301) 415-8521.

~

Sincerely, ORIGINAL SIGNED BY SUSUAN'F. SAHNKMAN FOR /s/

'E. William Brach, Director-Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards cc: J. Schwartz h__y TD bc,J

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