ML20210N811
| ML20210N811 | |
| Person / Time | |
|---|---|
| Issue date: | 07/27/1999 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20210N773 | List: |
| References | |
| SECY-99-170-C, NUDOCS 9908110220 | |
| Download: ML20210N811 (2) | |
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Supplemental Vote NOTATION VOTE RESPONSE SHEET TO:
Annette Vietti-Cook, Secretary FROM:
COMMISSIONER MCGAFFIGAN
SUBJECT:
SUMMARY
OF DECOMMISSIONING FUND STATUS REPORTS Approved x
Disapproved Abstain Not Participating COMMENTS:
See attached comments.
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July 27, 1999 DATE l
l i-Entered on"AS" Yes N No
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Commissioner McGaffigan's Comments on SECY 99-170:
I agree'with the staff that a rule that codifies the staff's practice in reviewing
- decommissioning trust agreements in license transfers would be more efficient than the
. present case-y-case approac.h However, I would think that legislation making explicit b
our authority over a former licensee that retains control over decommissioning funds after a license transfer would promise even more efficiency, in part because it would do away with doubts about our direct authority over the former licensee.
The argument that we have the necessary authority is strong,.but it is not beyond doubt,
- as the recent ruling by a panel of the Federal Court of Appeals for the 8th Circuit shows. That panel expresses doubts not only about the agency's authority to impose civil penalties on'non-licensees but also about the agency's authority to directly regulate non-licensees at all(ThermalScience v. NRC,8th Cir., No. 98-3147, July 23,1999, slip opinion at 5-7*)..
. It is true that, even if we do not have direct authority over a former licensee in control of I
decommissioning funds, we can still proceed against the transferred license itself.
- However, a clear statutory recognition of our direct authority over either non-licensees more generally, or former licensees with control of decommissioning funds more
.specifically, could remove uncertainty, reduce the administrative complexity of some transfers, secure the most direct means of cr.forcement, and save time and effort. The CSIS report on the NRC, due out shortly, will recommend such legislation. I would ask the staff to draft legislative text and explanatory material.
- http://www.wulaw.wustl.edu/8th.cir/ Opinions /99G726/983147P.pdf 4
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