ML20212B786

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Notation Vote Response Sheet Approving with Comments, SECY-99-200, FRN Responding to Public Comments Received on an Emergency Final Rule for Fissile Matl Exempt Shipments
ML20212B786
Person / Time
Issue date: 09/01/1999
From: Mcgaffigan E
NRC COMMISSION (OCM)
To: Vietticook A
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20212B772 List:
References
SECY-99-200-C, NUDOCS 9909210004
Download: ML20212B786 (2)


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NOTATION VOTE RESPONSE SHEET TO: Annette Vietti-Cook, Secretary i FROM: COMMISSIONER MCGAFFIGAN

SUBJECT:

SECY-99-200 - FEDERAL REGISTER NOTICE RESPONDING TO PUBLIC COMMENTS RECEIVED ON AN EMERGENCY FINAL RULE FOR FISSILE MATERIAL EXEMPT SHIPMENTS Approved Y Disapproved Abstain I

Not Participating COMMENTS:

See attached comments.

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l Commissioner McGaffigan's Comments on SECY-99-200 l approve publicetisii of the Federal Reaister Notice (FRN) responding to public comments received on the emergency final rule for fissile material shipments, with the understanding that the fissile material shipment issues addressed in the comments will be resolved in a rulemaking to adopt certain Intemational Atomic Energy Agency (IAEA) transportation standards into Part 71, or in a separate expedited rulemaking, as discussed below.

I share Commissioner Merrifield's concems about the potential for a significant economic impact on the transportation of fissile materials without special moderators, created by the emergency

' final rule. I am also concemed about the potential for a significant safety impact, from increased probability of worker injuries and transportation accidents, if the staff determines that the emergency rule actually doubled or tripled the number of shipments of fissile materials.

I concur with the Chairman's comment that the staff should modify the FRN to note the need by NRG for data documenting the regulatory cost of the emergency rule and to solicit such inform: tion. Once the staff receives the requested cost information, the staff shculd consider whether the regulatory burden justifies more rapid rulemaking to address the fissile material shipment issues, decoupled from the broader revision to Part 71. If the staff concludes that the emergency rule imposes a significant regulatory burden, then I support more rapid rulemaking on the fissile material shipment issues. If the staff concludes that it cannot support the commenters' burden claim, then the staff's plan and schedule to resolve the fissile material shipment issues through the broader Part 71 rulemakina are appropriate.

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