ML20211K135

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Requests Concurrence on Attached Rulemaking Plan, USEC Privatization Act (Public Law 104-134)
ML20211K135
Person / Time
Issue date: 08/16/1996
From: Morrison D
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To: Cyr K, Lieberman J, Paperiello C
NRC OFFICE OF ENFORCEMENT (OE), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20008B475 List:
References
FRN-62FR6664, RULE-PR-2, RULE-PR-40, RULE-PR-70, RULE-PR-76 AF56-2-009, AF56-2-9, NUDOCS 9710090146
Download: ML20211K135 (4)


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UNITED STATES

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WASHINGTON. o.C. 206t&0001 Qp -

f August 16, 1996 HEMORANDUM 10:

Carl J. Paperiello. Director Office of Nuclear Material Safety and Safeguards James Lieberman, Director Office of Enforcement Karen D. Cyr, General Counsel Office of the General Counsel

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David L. Morrison, Director

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Office of Nuclear Regulatory Research SUDJECT:

RULEMAKING PLAN - USEC PRIVATIZATION ACT (PUBLIC LAW 104-134)

Your concurrence is requested on the attached rulemaking plan which has been developed in collaboration with your staff and revised based on comments received from NMSS and 0GC.

The plan now arovides for direct final rule To meet this very aggressive making with an effective date of mid Decem)er.

schedule, I am proposing that a steering committee be established as detailed in my rulemaking memorandum of transmittal to the E00.

Although the rulemaking should not present difficult policy decisions which normally require a steering committee, the schedule does require a final package to the E00 by late September 1996 if the mid December effective date is to be met.

Backaround:

President Clinton signed into law H.R. 3019 (Public Law On April 26, 1996 legislation which provides FY 1996 appropriations to a number of No. 104-134),

included within this legislation is a subchapter entitled Federal agencies, the "USEC Privatization Act," which among other things, directs the Board of Directors of the United States Enrichment Corporation (USEC) to sell the The private sector corporation assets of the USEC to-a private sector entity.

that purchases the assets of the Corporation will be responsible for the operation of the two gaseous diffusion facilities and the development of the In addition, this atomic vapor laser isotope separation technology (AVLIS).

legislation amended the. Atomic Energy Act of 1954, as amended (the Act) with respect to the licensing of AVLis and certification of 10 CFR Part 76 uranium To implement these amendments to the Act, several-enrichment facilities.

conforming changes to 10 CFR Parts 40, 70 and 76 are needed.

The following is a summary of this request:

1.

Title:

Rulemaking Plan, "USEC Privatization Act" 2.

Task leader:

C. W. Nilsen, RES - 415-6209 g00 146 971003

.. 2 62FR66,64 PDR i

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4 C.c. Paperiello et al.

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3.

Working Group Members:

J. W. Hickey, NMSS N. L. Hamish OE K. L. Winsberg, OGC 1

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Steerina Group Members:

F. A. Costanzi, RES E. W. Brach, NMSS j

J. R. Gray, OE S. A. Treby, OGC i

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Enhanced Public Participation: No 4 4 6.

Compatibility for Aareement States:

No 7.

Reauested Action:

Office Concurrence t

8.

Leauested Completion Date:

One week from the date of this memorandum 9.

flesources and Coordination:

The rulemaking is estimated to take NRC 0.4 FIE.

There will be no contractor support needed.

A copy of this concurrence package has been forwarded to the Office of the Controller for coordination of resource issues and to the OlG for information.

1

Attachment:

Rulemaking Plan cc:

R. Scroggins, OC, w/att.

H. T. Bell, OlG, w/att.

W. Olmstead 0GC, w/att.

J. W. Hickey, NMSS, w/att.

N. L. Mamish OE, w/att.

K. L. Winsberg, 0GC, w/att.

DISTRIBUTION:

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PNorian LRiani CGallagher A$umerour, RES-960151, WITS No -9600075 i

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P_AEER AND RULEMAKIN_G PLAN 1

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MEMORANDUM 10:

James M. Taylor Executive Director for Operations FROM:

David L. Morrison, Director Office of Nuclear Regulatory Research

SUBJECT:

RULEMAKING PLAN:

USEC PRIVATIZATION ACT - AMENDMENT OF 10 CFR PARTS 40, 70, AND 76 (WITS-9600075) l The attached Commission Paper and rulemaking plan are provided for your review and transmittal to the Commission.

These documents discuss proposed changes to 10 CFR Parts 40, 70, and 76 to bring these regulations into conformance with the new statutory requirements of the USEC Privatization Act.

We are pursuing this rulemaking on a high priority with a very aggressive schedule.

In order to meet this schedule, I propose to establish an l

interoffice management steering committee comprised of Nick Costanzi (RES),

1 Bill Brach (NHSS), Joe Gray (0E) and Stu Treby (OGC).

Nick Costanzi will l

chair the committee.

The management steering committee will meet periodically 1

to identify any issues that may impede the progress of rulemaking, to resolve l

those issues by making policy decisions, and to assess the overall progress.

1 In accordance with SECY-94-141, " Improvement of the Rulemaking Process," the committee members will be delegated the authority to deliver the views and concurrence of the participating offices.

The members will be responsible to keep their respective line management informed, lhe staffs of the concerned offices have been working closely together on the development of the rulemaking plan.

HMSS has indicated that they would like the rule to be effective by mid December 1996, and OGC has recommended direct final rulemaking.

The schedule in the rulemaking plan has been developed in response to the above.

it should be noted that if the NRC receives I

significant adverse public comments, during the first 30 days following I

publication of the direct final rule action, the full notice and comment rulemaking process will be completed based on the proposed rule and the schedule will be revised with the ef fective date to be determined by resolution of comments and final rulemaking action.

This approach has been. agreed on by NMSS, OE and 0GC.

If you have any questions, please call me (DLM3, 415-6641) or Sher Bahadur (SXB, 415-6226).

Attachments:

As stated