ML20211K055
| ML20211K055 | |
| Person / Time | |
|---|---|
| Issue date: | 08/13/1996 |
| From: | Paperiello C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Morrison D NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20008B475 | List:
|
| References | |
| FRN-62FR6664, RULE-PR-2, RULE-PR-40, RULE-PR-70, RULE-PR-76 AF56-2-008, AF56-2-8, NUDOCS 9710090117 | |
| Download: ML20211K055 (2) | |
Text
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.A UNITED STATES p.
) 22 NUCLEAR REGULATORY COMMISSION a
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1 wAswiwof ow, p.c. seemumet August 13, 1996
/) F '3 - 1 MEMORANDUM TO:
David L Morrison, Director Office of Nuclear Regulatory Research
[ff FROM:
Carl J. Paperiello, Director Office of Nuclear Material Safety
'/
and Safeguards l
SUBJECT:
RULEMAKING PLAN + USEC PRIVATIZATIO'N ACT Notwithstanding our concurrence in the subject Rulemaking Plan transmitted by your memorandum dated July 19,1996, NMSS requests that the plan be modified as necessary 4
to achieve a final rule, for at least the enforcement portion of the rule, early enough for it to be effective by mid December,1996.
The draft Rulemaking Plan currently Iricludes the following schedule, in terms of time from approval of the Rulemaking Plan:
Proposed Rulemaking Package 6 months Office Concurrence (NMSS/OE/OGC/RES) 7 months Proposed rule to EDO 8 monthe Final rule to EDO 12 months Such a schedule would not send the final rule to the EDO until August,1997, and it would be some time later before the rule was published and effective, it is particularly urgent to incorporate the enforcement provisions that were recently provided through legislation and are seen as an essential part of the U.S. Enrichment Corporation (USEC) privatization proceedings. As stated in the draft Rulemaking Plan, Section 3116 of Public Law 104134 modifies Section 234a of the USEC Privatizatioa Act to provide the Commission with the authority to issue civil penalties to the Corporation for violation of the provisions of the Act, regulations, orders and terms of the certificate.
NMSS needs the enforcement provisions incorporated into our rule and effective by the time NRC takes regulatory jurisdiction of the gaseous diffusion enrichment plants.
' - " n thei_r memorandum to you on this subject, the Office of the General Counsel urged that
-i
' this Rulemaking Plan should, at the minimum, present to the Commission an option of implementing the USEC Privatization Act changes by direct final rulemaking. OGC noted that because the changes are dictated by statute and are unambiguous, they are unlikely to prompt adverse comment. Although OGC noted that the agency would not be absolutely prevented from implementing some of the statutory changes before the rules are changed, we agree that it is desirable to achieve the rule changes as quickly as possible.- In addition to use of the direct final rulemaking procedu a. we suggest that the final rule be made immediately offective with its publication.
9710090117 971003 PDR PR 2 62FR6664 PDR
,o f
I D. L. Morrison i
2 If such an expeditnd rulemaking cantiot be accomplished for the entire set of amendm i
required by the statutory changes to become effective as soon as possible, we urge tha i
i the enforcement provisions be pursued on a faster track as a separate rulemaking.
1 1
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