ML20212H474
| ML20212H474 | |
| Person / Time | |
|---|---|
| Issue date: | 01/07/1998 |
| From: | Cyr K NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Knapp M NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20212H254 | List:
|
| References | |
| FRN-64FR17510, RULE-PR-72 AG02-2-030, NUDOCS 9910010153 | |
| Download: ML20212H474 (1) | |
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UNITED STATE 3 o
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Januasy 7,1998 '
%***** gg OFFICE oF THE GENERAL COUNSEL MEMORANDUM TO: Malcolm R. Knapp, Acting Director Office of Nuclear Regulatory Research FROM: Karen D. Cyr A&% y General Counse
SUBJECT:
RULEMAKING PLAN - ELIMINATlJN OF 30-DAY HOLD IN LOADING SPENT FUEL AFTER PREOPERATIONAL TESTING OF INDEPENDENT SPENT FUEL STORAGE OR MONITORED RETRIEVABLE STORAGE INSTALLATIONS 1 We have reviewed the draft Commission paper and draft Rulemaking Plan which proposes the elimination of the requirement in 10 C.F.R @ 72.82(e) that a preoperational test report be submitted at least 30 days prior to receipt of spent fuel. We have indicated some editorial comments on the attached copy of the rulemaking plan and also request that the following statement be included under the heading " Office of General Counsel Legal Analysis": l OGC has not identified any basis for a legal objection to this rulemaking. The proposed amendment would eliminate the requirement that Part 72 licensees submit a report of the preoperational test acceptance criteria and test results at least 30 days prior to the receipt of spent fuel or high-level radioactive waste on the ground that NRC's inspection program assures that NRC staff will be present for observance of preoperational testing and will be in a position to assure that a licensee is prepared to safely load spent fuel or high-level radioactive waste. Thus, the report and the 30-day hold period are not needed for NRC's regulatory activities and their elimination will reduce an unnecessary i regulatory burden on licensees.
The rule does not constitute a backfit under 10 C.F.R. S 72.62 because it does not require a change to existing structures, systems, components, procedures or organization. Environmental review is not needed because this rulemaking comes within the provisions of the categorical exclusion at 10 C.F.R. @ 51.22(c)(3)(lii). The estimated burden reduction due to the elimination of this report is two hours annually, within a context of 21,454 information collection burden hours in the current OMB Part 72 clearance. This is not significant enough to trigger the requirements of the Paperwork Reduction Act ot 1995. The final rule must be evaluated for compliance with the Small Business Regulatory Uforcement Act of 1996.
With these changes, we have no legal objection to the rulemaking plan package.
Attachment:
As stated CONTACT: E. Neil Jensen 415-1637 9910010153 990924 PDR PR 72 64FR17510 Pg ,
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