ML20207J075
| ML20207J075 | |
| Person / Time | |
|---|---|
| Issue date: | 09/23/1998 |
| From: | Gray J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Fields S AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 9903160185 | |
| Download: ML20207J075 (2) | |
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I UNM1ED STATES '
{ fja a*%q% NUCLEAR REGULATORY COMMISSION
, i wAswmaron. o.c. messe. coot w....y.
GE E Cou sEL September 23, 1998 l
1 Ms. Sarah M. Fields P.O. Box 603 Moab, Utah 84532 0603
Dear Ms. Fields:
I a'mwriting, on behalf of the NRC's General Counsel, to respond to your letters of March 4, 4 1998, and June 26,1998, regarding an October 31,1991, Memorandum of Understanding )
(MOU) between the Nuclear Regulatory Commission, the Environmental Protection Agency l (EPA), and the States of Colorado, Texas, and Washington. '
After reviewing your letter and the regulatory documents relating to the MOU, we have concluded that the current NRC staff practice on public involvement in license amendments that j change milestone dates related to emplacement of the final radon barrier in approved reclamation plans for non-operating uranium mills should be revised in order to ensure consistency with the MOU. In our view, the current practice is not consistent with the MOU because it has not always included notice providing an opportunity for public comment on these amendments.
( We believe a Commission agreement to provide the opportunity for public comment is reflected in the October 1991 MOU which states: i NRC agrees to provide for public notice at d comment by publishing in the Federal Register receipt of requests, intent to issue amendments, or intent to issue orders which (1) incorporate reclamation plans or other schedules for effecting final closure into licenses, and (2) amend reclamation schedules as necessary for reasons of technological feasibility. . . after the reclamation plans have been incorporated into the licenses.
Both the Notice of Proposed Rulemaking (58 FR $8657) and the Notice of Final Rule (59 FR 28220), issued by the Commission for the regulatory amendments that implement the MOU include references to the F-ederal Reatster where the MOU (published by EPA on October 25,1991) (56 FR 55434) may be found.
An opportunity for public comment also is indicated by the regulatory background documents for paragraph (2) of Criterion 6A, which permits extension of milestone dates "after providing an opportunity for public participation." Specifically, when Criterion 6A was adopted, the Commission's accompanying Statement of Consideration (SOC) (59 FR 28229) explained the quoted language as follows:
The opportunities for public participation specified in Criterion 6A are in keeping with the MOU and the settlement agreement, and will be made through a notice
.1 in the Federal Register providing an opportunity for public comment on the 9903160185 980923 I PDR ORG EUSEPA PDR 4 / ffpyl j;g (
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... proposed license amendment. This notice will also provide the opportunity to l request an informal hearing in accordance with the Commission's regulations in 10 CFR Part 2, Subpart L l Therefore, license amendments that change milestone dates related to emplacement of the final radon barrier in approved reclamation plans for non operating uranium mills should include not only a notification of the Subpart L opportunity, but also a notification of an opportunity for public comment. However, license amendments that change interim milestone dates without any slippage in the date for completion of the final radon barrier, are not subject to paragraph (2) of Criterion 6A and, therefore, are not covered by the MOU and SOC provisions for public comment and are not subject to the notifications described above.
We have informed NRC staff officials of our view, and we understand they are revising the NRC notice policy in accordance with the views expressed above. Specifically, we understand the staff has adopted a new policy that will ensure the publication of a notice in the Federal Reaister providing an opportunity for public comment on proposed license amendments that change milestone dates for emplacement of the final redon barrier in approved reclamation plans for non-operating uranium mills. This notice will also provide the opportunity to request an informal hearing in accordance with the Commission's regulations in 10 CFR Part 2, Subpart L We are directing that your March 4 and June 26 letters and this response be placed in the NRC Public Document Room at your request.
k We appreciate your efforts in bringing this matter to our attention.
Sincerely, sep hf
. Gray Asso ate Gener uns ifor Licensing and Regulati n i
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