ML20210P231
| ML20210P231 | |
| Person / Time | |
|---|---|
| Issue date: | 03/05/1986 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| REF-10CFR9.7, REF-GTECI-A-44, REF-GTECI-EL, TASK-A-44, TASK-OR AB38-1-085, AB38-1-85, NUDOCS 8605130132 | |
| Download: ML20210P231 (2) | |
Text
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- NUCLEAR REGULATORY COMMISSION REVISED
- 3/5/86 3
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j W ASHINGTON, D.C. 20555 e
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- ...* March 5, 1986 '
OFFICE OF THE SECRETARY MEMORANDUM FOR: Victor Stello, Jr.
ActingExecutiveDirectorforOperations M l FROM: Samuel J. Chilk, Secret t
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SUEJECT: SECY-8 6-2 8 "SECY-8 5-1( 3 / L63A - STATION BLACKOUT, UNRESOLVED SAE)ETY ISSUE (USI)
A-44" ,
The commission, by a vote of 5-0, has approved promulgation of the proposed rule for Station Blackout, with the following qualifications:
- Paragraph 2 of page 7 should refer to.the Commission and not to the-views of three Commissioners.
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- Add the following statement to page 7 after Paragraph 2:
"In addition to comments on the merits of the proposed rule, the Commission specifically requests comments on whether the backfit analysis for this rule adequately implements the Backfit Rule, 10 CFR 50.109."
' Paragraph 3 of page 7, under " Additional Comments by Commissioners Roberts and Zech," should refer to.
"we" instead of "I". ,
- The backfit analysis should clearly state the staff's rationale (as was done in NUREG-1109) for its conclusion that this proposed rule would provide a substantial increase in public health and safety and that the costs are justified in view of this increased-protection. Page 19 should be modified to state that the analysis supports a determination of substantial increase in the protection of the public health and safety rather then that the Commission has made this determination.
Commissioner Bernthal does not agree that the backfit analysis i supports such a determination of " substantial increase".
8605130132 10CFR e60305 PDR PDR PT9.7
A j ,
Commissioner Asselstine while approving publication of the Station Blackout Rule, disapproves of.the backfit analysis and would prefer that such analyses be primarily cualitative.
You should revise the Federal-Register Notice as noted above and return it for signature and publication.
(EDO) (SECY SUSPENSE: 3/17/86)
In the future, the backfit analysis provided with a rulemaking package for public comment should contain sufficient detail in addressing each consideration listed in the backfit rule so that anyone wishing to comment on the analysis may do so without requesting additional detail or documents. In addition, the analysis should clearly state, based on the facts considered, how the staff decided that the proposed rule would provide a substantial increase in public health and safety and that the costs are justified in view of this increased protection.
Since the Commission appears to be requiring quantitative backfit analyses, Commissioners Asselstine and Bernthal believe that such analyses should clearly define the uncertainties in the results and should contain a discussion of how those uncertainties were factored into the decision-making.
cc: Chairman Palladino Commissioner Roberts p Commissioner Asselstine Commissioner Bernthal Commissioner Zech OGC OPE OIA OCA OPA Regional Offices !
.,