ML20212H562

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Approves Rulemaking Activity Plan Proposed in SECY-96-176
ML20212H562
Person / Time
Issue date: 09/23/1996
From: Mcgaffigan E
NRC COMMISSION (OCM)
To: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20212H254 List:
References
FRN-64FR17510, RULE-PR-72 AG02-2-034, SECY-96-176-C, NUDOCS 9910010185
Download: ML20212H562 (1)


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September 23, 1996 orri o THE COMMISSIONER Morris Bahadur MEMORANDUM T0:

John C. Hoyle Riani Secretary of thp. Con) mission

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FROM:

Edward McGaffigan. Jr.

Commissioner

SUBJECT:

SECY-96-176 - PROPOSED RULEMAKING ACTIVITY PLAN I approve the Rulemaking Activity Plan proposed in SECY-96-176 subject to the following --

1.

SECY-96-176 indicatc; t'dat PRM-20-24. a petition for rulemaking from the University of Cincinnati involving radiation dose limits for members of the public. has been placed in " CATEGORY IV. ACTIVITIES ON HOLO".

pending further assessment.

PRM-20-24 seeks a rule change that would allow radiation therapy patients and patients with brachytherapy implants to receive visits from "specified visitors determined by the physician to be necessary for the emotional and/or physical support of the patient...." Since the Commission has approved the final rule changes to 10 CFR Part 35 involving among other things, radiation therapy patient confinement (SECY-96-100).- I believe that NRC should be j

in a position to address PRM-20-24 without further delay.

Accordingly, i

I would propose that the Commission direct the staff to modify the

. Proposed Rulemaking Activity Plan with regard to PRM-20-24 arid proceed to act on that petition for rulemaking.

i 2.

Chairman Jackson suggested that the rulemaking to eliminate the 30-day delay in loading s]ent fuel for dry cask storage after preoperational l

testing of the casc should be deferred. The staff has indicated that the 30-day delay period is unnecessary because the NRC has an extensive oversight presence during preoperational testing and evaluates, and acts on. the test results on a real ime basis, In addition. this proposed rulemaking is categorized as a " rule being planned." and, thus, is many months, perhaps years from being issued in final form.

For these reasons. I would not favor an indefinite deferral of this rulemaking:

rather. I would support the staff's proposal to proceed with this rulemaking in the normal course.

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Chairman Jackson Commissioner Rogers Commissioner Dicus Commissioner Diaz EDO OGC 9910010195 990924 PDR PR 1

72 64FR17510 PDR 3

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O RULEMAKING ISSUE

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(NEGATIVE CONSENT)

September 11, 1996 SEcY-96-197 FOR:

The Commissioners C

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James M. Taylor, Executive Director for Operations

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SUBJECT:

RULEMAKING PLAN: USEC PRIVATIZATION ACT - CONFORMING CHANGES

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W PURPOSE:

Morris Bahadur l

To inform the Commission that the E00 intends to approve the attached Nilsen l

Rulemaking Plan to amend 10 CFR Parts 40, 70, and 76, to bring these regulations into conformance with the new statutory requirements of the "USEC Privatization Act."

ISSUE:

Public Law 104-134, by amending the Atomic Energy Act of 1954, changes the way uranium enrichment facilities are licensed and adds different procedural requirements. The Commission's regulations must conform to these changes. A direct final rule providing the necessary amendments to the Commission's regulations should be published for public information and codified through the rulemaking process.

BACKGROUND:

i On April 26, 1996, President Clinton signed into law H.R. 3019 (Public Law No.

l 104-134), legislation which provides FY 1996 appropriations to a number of l

Federal agencies.

Included within the Act is a subchapter entitled the "USEC Privatization Act," which among other things, directs the Board of Directors of the United States Enrichment Corporation (USEC) to sell the assets of the USEC to a private sector entity.

The private sector corporation that CONTACT:

NOTE: TO BE MADE PUBLICLY AVAILABLE Charles W. Nilsen, RDB/DRA/RES WEN THE FINAL SRM IS MADE i

(301) 415 6209 AVAILABLE 1

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