ML20207C504
| ML20207C504 | |
| Person / Time | |
|---|---|
| Issue date: | 05/27/1999 |
| From: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Cordes J, Travers W NRC OFFICE OF COMMISSION APPELLATE ADJUDICATION (OCAA), NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| FRN-64FR33178, REF-10CFR9.7 AF80-2-004, M990527, NUDOCS 9906030037 | |
| Download: ML20207C504 (3) | |
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- " "'% UNITED STATES i
ye *g NUCLEAR REGULATORY COMMISSION g g IN RESPONSE, PLEASE WASMGTON,0.C. 20555-0001 J % REFER TO: M990527
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! '% ,# May 27, 1999 * ..n...............m SECRETARY RELEASED TO THE DDR !
I MEMORANDUM FOR: William D. Travers
. . date Executive Director for Operations . . . . . . . . . . . . . .....
. .lhitif John F. Cordes, Acting Director Office of Commission Appellate Adjudication FROM: Annette Vietti-Cook, Secretary _
SUBJECT:
STAFF REQUIREMENTS - AFFIRMATION SESSION,11:30 A.M.,
THURSDAY, MAY 27,1999, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)'
l L SECY-99-115 - Final Rule: Amendments to 10 CFR Part 72 - Miscellaneous Chances to Licensina Reauirements for the Indeoer. tnt Storaae of Soent Nuclear Fuel and Hiah- I Level Radioactive Waste The Commission approved a final rule (with the attached changes) amending various sections of 10 CFR Part 72, Miscellaneous Changes to Licensing Requirements Mr the Independent Storage of Spent Nuclear Fuel and High-level Radioactive Waste. These changes differentiate the requirements for the storage of spent fuel under wet and dry conditions, clarify requirements for the content and submission of various reports, and specify that quality assurance records must be maintained as permanent records when identified with activities and items important to safety.
f Following incorporation of these changes, the Federal Reaister notice should be reviewed by the Rules Review and Directives Branch in the Office of Administration and forwarded to the Office of the Secretary for signature and publication.
(EDO) - (SECY Suspense: 6/25/99) i Should the rulemaking to revise 10 CFR 50.73(b) go forward, the staff should consider at that time whether conforming changes to Part 72 would be appropriate.
Section 201 of the Energy Reorganization Act,42 U.S.C. Section 5841, provides that action of the Commission shall be determined by a " majority vote of the members '
present." Commissioner Diaz was not present when these items were affirmed.
Accordingly the formal vote of the Commission was 4-0 in favor of the decisions.
Commissioner Diaz, however, had previously indicated that he would approve these
. papers and had he been present he would have affirmed his prior votes.
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11 SECY-99-138 - Hydro Resources. Inc. (HRI)- ENDAUM's & SRIC's Petition for interlocutory Review of Presidino Officer's Order Seekino Additional Information (April 21.1999) and ENDAUM's & SRIC's Motion for Reconsideration of a May 3.1999 Order I The Commission approved a Memorandum and Order responding to filings by Eastern Navajo Din 6 Against Uranium Mining (ENDAUM) and Southwest Research and Information Center (SRIC). The Memorandum and Order denies the Intervenors' May 14,1999, petition for interlocutory review of the Presiding Officer's April 21,1999, Memorandum and Order (Questions Concerning Radioactive Air Emissions) and grants Intervenors' May 13,1999 motion for reconsideration of the Commission's May 3,1999, order.
(Subsequently, on May 27,1999, the Secretary sigr,ed the Memorandum and Order.)
Attachment:
Changes and Comments on SECY-99-115 cc: Chairman Jackson Commissioner Dicus <
Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield OGC ClO CFO OCA OlG OPA Office Directors, Regions, ACRS, ACNW, A'SLBP (via E-Mail)
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l Attachment Changes and Comments on SECY-99-115 j
- 1. On page 3 of the FRN, paragraph 3, revise line 1 to read 'The current regulations in @ l 72.122 and 72.124.
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- 2. On page 9 of the FRN, paragraph 1, revise line 1 to read ' . four letters containing
! nineteen comments responding . '
- 3. On page 12 of the FRN, last paragraph, revise line 2 to read ' . fuel storage installations (ISFSI) reporting formai and content requirements consistent with . '
- 4. On pages 13-14, revise the response to comment 7 so that it reads as follows:
Response: Under @ 72.62, "backfitting" includes the modification, after the licnnse has been issued, of procedures or orgar;izations required to operate an ISFSI or MRS.
This backfitting provision is very simiar to the Backfit Rule in @ 50.109. The Commission has determined that reporting and record keeping requirements are not considered backfits even though they may result in changes to procedures. If the reporting or record keeping requirements had to meet the standards for a backfit analysis, the Commission would have to find that the information would substantially increase public health or safety or common defense and security without knowing the results of the request. In addition, the existence or non-existence of a record or report usually has no independent safety significance as compared to actions taken by the licensee or NRC as a result of the information contained in the record or recort. It is this resulting action that affects nublic health and safety or the coranon defense or security that should he measured under the bactfit standard and not the method for obtaining or maintaining the information.
Nevertheless, the Commission also recognizes that imposing reports or record keeping requirements may have s significant impact on a licensee's resources. The standard for authorizing reporting or record keeping requirements for NRC licensees that is contained in the Code of Federal Regulations should be the same standard as the regulations requiring the providing of information under 10 CFR 50.54(f). Namely, before the staff either changes existing requirements or issues new requirements affecting reporting or record keeping, a written analysis should be prepared that contains (a) a statement that describes the need for tne information in terms of the potential safety benefit and, if appropriate, a discust, ion 07 possible alte, natives and (b) the licensee actions required and the cost to develop a response to the informt tion request. In addition, the imposition of the new or modified reporting or record keeping requirement should be approved by tho appropriate level of senior management (namely the Executive Director for Operations or his or her designee) or the Commission itself in the case of rulemaking.
FC: s ulemaking, the analysis justifying either modifications to existing or new reporting and record keepag requirements shall be contained in the regulatory analysis. The regulatory analysis section of this rulemaking package adequately addresses the Commission's standards for this specific record keeping requirement.
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