ML20207B045
| ML20207B045 | |
| Person / Time | |
|---|---|
| Issue date: | 06/07/1988 |
| From: | Treby S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20195E797 | List: |
| References | |
| FRN-53FR32914, RULE-PR-20, RULE-PRM-20-15 AC14-1, AC14-1-36, NUDOCS 8806210383 | |
| Download: ML20207B045 (39) | |
Text
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' !(f a "%'o,, UNITED STATES NUCLEAR REGULATO9Y COMMISSION gg PDR g Hicha r b .t WASHINGTON, D. C. 20555
%, June 7, 1988 MEMORANDUM FOR: Eric S. Beckjord, Director Office of Nuclear Regulatory Research FROM: Stuart A. Treby Assistant General Counsel for Rulemaking and fuel Cycle Office of the General Counsel
SUBJECT:
PROPOSED RULE TO ALLOW ONSITE INCINERATION OF SLIGHTLY CONTAMINATED WASTE OIL AT NUCLEAR POWER REACTORS In response to your request of May 24, 1988, we have reviewed the craft proposed rule and related documents. Subject to certain editorial revisions as noted below or marked directly on the text (see Encl.1. np. 3 and 8, Encl. 2, p. 2 and Encl. 3, p. 5) the Office of the General 'Junsel has no legal objection to the proposed n;1e.
- 1. As required by 10 CFR 59 51.35 and 51.119, the Finding of No Significant Impact must be published in the Federal Register at the same time the proposed action (i.e., publication of the proposed rule in the Federal Register) is taken. Pursuant to 10 CFR i 51.32, a Finding of No Significant Impact must either include the Environmental Assessment or a sunnary of the Environmental Assessment. The infonnation set out under the heading "Finding of No Significant Environmental Irnpact: Availability" on pp. 9-10 of Enclosure 1 does not satisfy this requirement. However, this matter can be easily remedied, either by incorporating the full text of Enclosure 3. Environmental Assessment and Finding of No Significant Impact, in the Statement of Considerations of the proposed rule (Enclosure 1) or by publishing the full text of Enclosure 3 as Appendix A to Enclosure 1. In the latter case, the first sentence of the first full paragraph on p.10 of Enclosure 1 should be revised to read as follows:
"The environmental assessment and finding of no significant impact on which this detemiration is based are published as Appendix A to this document and are available for inspection and copying at the NRC Public Document Room, 1717 H Street, NW, Washington, DC."
Note k. on p. 8 of the Con 7nission paper should also be revised to state that the Environmental Assessment and Finding of No Significant Impact will be published in the Federal Register.
2.
The Schedule Regulatory for ImpEnclosure Analysis (lementation2, p.set 8)out in Section states in part:6.a. of the lCTrfo6 2/ o38 .)2?P M 5
2 "Since no new requirements are being placed on licensees, the final rule will be effective as soon as published."
This sentence needs to be rewritten to reflect the applicable provisions of the Administrative Procedure Act (5 U.S.C. 553(d)) more precisely.
Section 553(d) provides that "The required publication or service of a substantive rule shall be made not less than 30 days before its e'fective date, except--
(1) a substantive rule which grants or recognizes an exemption or relieves a restriction; (2) interpretative rules and statements of policy; or (3) as otherwise provided by the agency for good cause found and published with the rule."
- 3. The last portion of the next to last sentence in the first paragraph on
- p. 8 of Enclosure 1 (lines 16 and 17) which reads ". . . to any organ total from radioactive iodina and all radionuclides in particulate form." is not entirely clear. The point is expressed more clearly on p. 3 of the Environmental Assessaent, Enclosure 3 at lines 18-22.
$$}
tuart A. Tre y Alh Assistant General ounsel for Rulemaking ar.d Fuel Cycle Office of the General Counsel
Enclosure:
Marked copy of Commission paper and Enclosures
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