ML20212B792
| ML20212B792 | |
| Person / Time | |
|---|---|
| Issue date: | 08/18/1999 |
| From: | Merrifield J NRC COMMISSION (OCM) |
| To: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20212B772 | List: |
| References | |
| SECY-99-200-C, NUDOCS 9909210005 | |
| Download: ML20212B792 (2) | |
Text
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NOTATION VOTE RESPONSE SHEET TO:
Annette Vietti-Cook, Secretary FROM:
COMMISSIONER MERRIFIELD
SUBJECT:
SECY-99-200 - FEDERAL REGISTER NOTICE RESPONDING TO PUBLIC COMMENTS RECEIVED ON AN EMERGENCY FINAL RULE FOR FISSILE MATERIAL EXEMPT SHIPMENTS Approved Disapproved Abstain Not Participating COMMENTS:
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SIGff6TMs W 7brko DATE Entered on "AS" YesI_ No 990917 DR E PDR RESP L
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COMMISSIONER MERRIFIELD'S COMMENTS ON SECY 99-200 in propanng the emergen y final changes to 10 CFR Part 71, the staff appears to have done a good job addressing the concem regarding the previously unrecognized potential problem with the stupment of fissile materials with special moderators. However, the commenters express, j
and the staff acknowledges, that the rule chan0e may have imposed overty restrictive changes l
. on the shipment (using the fissile material exemption requirements in 71.53) of 6ssile materials which did not have special moderators.
Notwithstanding the staffs expressed difficulty in quantifying the economic impact of those changes on the actual shipment of fissile materials without special moderators, I am concerned about the pofential for a signi#cani economic impact on the transportation and shipment of such material created by the changes issued in the emergency final rule, indeed the comments suggest, and staff doesn't dispute, that the revised rule may potentially double or triple the number of shipments required to transport an amount of such material compared to what was considered safe and acceptable under the previous regulations. With this potential impact outstanding, it is impovtant to define a clear course of action to evaluate and resolve this concem.
I understand that the staff plans to address this issue as part of a rulemaking that adopts certain
.1996 lAEA standards into Part 71, although a specific schedule for this rulemaking is not identified in the Rulemaking Activity Plan. Given the complexity of the overall scope of changes being considered for Part 71, the staff should su' omit the overall Part 71 rulemaking plan, including actions planned to address the impacts on shipment of fissile material without special moderators imposed by the emergency rule, to the Commission by March 2000.
If, however, the plan for the overall revision to Past 71 is delayed, the staff should submit a separate rulemaking plan to address this issue (i.e., the unintended economic impacts on the stupment of fissile material without special moderators which were imposed by the emergency rule). Such a separate plan should also be submitted to the Commission by March 2000, if, in developmg the rulemaking plan for this issue, the staff determines the economic impact described in the comments in SECY 99 200 are far less than are characterized in SECY 99-200, the staff should inform the Commission, with some description of the supporting basis, in lieu of submitting a rulemaking plan in this regard.
While mindful that the potential for significant adverse economic impact on shippers of fissile material exists under the regulations as they currently exist, the lack of speci6c economic impact data does not justify a more aggressive schedule.
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bo UNITED STATfS
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NUCLEAR REGULATORY COMMISSION o
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WASHINGTON, D.C. 20555-0001
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September 17, 1999 SECRETARY MEMORANDUM TO:
William D. Travers Executive Director for Operations FROM:
Annette Vietti-Cook, Secretary
SUBJECT:
STAFF REQUIREMENTS - SECY-99-200 - FEDERAL REGISTER NOTICE RESPONDING TO PUBLIC COMMENTS RECEIVED ON AN EMERGENCY FINAL RULE FOR FISSILE MATERIAL SHIPMENTS The Commission has approved the proposed Federal Reaister notice (FRN) subject to the following comments and the changes noted in the attachment.
1.
The staff should take the following actions to address the potentially significant unintended economic impact on the shipment of fissile material without special moderators (the unintended impact issue) that was imposed by the emergency rule :
Revise the FRN to indicate that the unintended impact issue will be addressed as a.
part of the rulemaking to make Part 71 compatible with 1AEA transportation standards.
b.
Revise the FR'N to note the NRC need for data to document the unintended impact of the emergency rule. This approach will place the industry on notice that the data is needed.
(EDO)
(SECY Suspense (items 1.a & 1.b):
10/22/99) c.
Prepare an overall rulemaking plan for Part 71 that addresses the need for changes to make NRC regulations compatible with IAEA transportation standards and also addresses the unintended impacts of the emergency rule. This should be completed by May 31,2000. If the rulemaking activities associated with IAEA compatibility are delayed, the staff should prepare a separate plan that addresses the unintended economic impacts of the emergency rule. This should also be completed by May 31,2000.
d.
If, based on further andysis of the unintended economic impact of the emergency rule, the staff concludes that those impacts are far less than characterized in SECY 99-200, the staff should inform the Commission, with some description of the supporting basis, that rulemaking is not warranted, in lieu of preparing a rulemaking plan for this issue.
2.
On page 16 of the FRN, a commenter stated that the wording of the rule is not clear with fN'
- respect to application of a limit to deuterium. 'The staff response clarifies the intent of the rule but does nct state whether staff intends to amend the existing rule language to remove the ambiguity. The response should be modified to indicate that this will be done at the time the corrective amendment is proposed.
(EDO)
(SECY Suspense (items 1.c,1.d & 2):
5/31/00)
Attachment:
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Editorial Changes to the FRN in SECY-99-200 cc:
Chairman Dieus Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield OGC CIO CFO OCA OlG OPA Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
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Attachment Editorial Changes to the FRN in SECY-99-200 1.
On page 1, in the summary paragraph, line 7, delete the italics so that ' Administrative Procedure Act' appear in normal text.
2.
On page 6, last paragraph, line 4, delete the italics so that ' Administrative Procedure Act' appear in normal text.
3.
On page 6, last paragraph, revise the last sentence to end after ' March 12,1997'and insert the following after the period: 'Following publication of the emergency rule and receipt of public comments, the staff sought to study the technical issues raised by the public comments, and to perform an independent evaluation of Part 71 regulations relating to the fissile material exemption and generallicense limits. The NRC awarded a contract to the Oak Ridge National Laboratory (ORNL). The results of the ORNL study were published by NRC in July 1998 and noticed in the Federal Reaister on August 13, 1998.' Revise the remainder of the sentence to read 'This notice responds to the comments received on the rule and the results of the Oak Ridge National Laboratory study.'
4.
On page 10,1 full paragraph, revise line 9 to read '. Commission has not, as yet, been able to obtain specific information regarding substantiate the burden claim.
5.
On page 12, paragraph 2, revise line 8 to read '. the staff has not been able to obtain specific information regarding ettbstantiste the burden. ' In line 9, delete the comma after ' consider'.
6.
On page 13,4* full paragraph, line 1, delete the comma after ' rule'.
7.
On page 15, line 13 from the top, delete 'with NEl'.
8.
On page 16, top paragraph, delete the last sentence (The National Technology Transfer
. or otherwise impractical.).
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