ML20216E336
| ML20216E336 | |
| Person / Time | |
|---|---|
| Issue date: | 07/17/1999 |
| From: | Dicus G, The Chairman NRC COMMISSION (OCM) |
| To: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20216E333 | List: |
| References | |
| SECY-99-158-C, NUDOCS 9908020251 | |
| Download: ML20216E336 (3) | |
Text
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A F F I R M A T I O N VOTE
, s RESPONSE SHEET TO: Annette Vietti-Cook, Secretary ;
FROM: CHAIRMAN DICUS ,
SUBJECT:
SECY-99-158 - FINAL RULE: " CERTIFICATION RENEWAL AND AMENDMENT PROCESSES," 10 CFR PART 76 i
Approved r Disapproved Abstain Not Participating COMMENTS:
. See attached comunents.
On S u- t css a, ATU D (
)d 17 l99 1 DQ ()
Entered on "AS" Yes _ r No 8 29 "
CORRESPONDENCE PDR M070dod[I
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Commissioner Dicus' Comments on SECY-99-158
~ l approve the proposed revisions to 10 CFR Part 76 and the publication of the " Notice I of Final Rulemaking"in the Federi .egister. Regarding the issue of discretionary notification of amendments and renewals in the Federal Register, I do not fully agree with the statement in the Federal Register notice (page 6) that the public's opportunity to follow these actions " remains the same because certification documents are placed in the Commission's Public Document Room". I agree with Commissioners Merrifield and Diaz that the public's opportunity to follow amendments and renewals will be j
- adversely impacted if they are not noticed in some way. . I do believe, however, that the l combination of placing the documents in the PDR and posting them on NRC's website l j
at the eariiest possible time, would provide equivalent opportunity for the public to follow these actions. Therefore, I recommend that the staff be directed to 1) develop procedures for placing Part 76 amendment and renewal documents on NRC's website at the earliest possible opportunity, and 2) revise the Federal Register notice in Attachment 2 of SECY-99-158, to include a statement that NRC plans to place these ;
documents on the NRC website, per the attached mark-up.
Furthermore, I support staff's position that if the application does not address any new safety issues and there have not been any major changes to the facility or its operating procedures that would substantially increase the risk associated with the facility, a Federal Register notice is not necessary. This approach is consistent with the agency's move toward risk-infomted reguluion and is consistent with similar actions for regulating 10 CFR Part P0,40, and 70 facilities.
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" application." This clarifies that the application being discussed in S 76.39 is specifically for N
renewal.
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Section 76.45(a) is being changed to remove the responsibility for making the initial decision on an amendment application from.the Director. This change allows the decision to grant or deny an amendment application to be delegated to the branch chief. This action l contributes to a more efficient use of NRC resources and is comparable to the process used
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for facilities regulated by the Commission under 10 CFR Parts 30, 40, and 70.
Section 76.45(b) is being deleted. The first sentence currently requires that the l Director determine whether the proposed activities are "significant" and, if so, follow the procedures specified in SS 76.37 and 76.39. This sentence is being deleted because the procedures specified in S 76.37 to be followed by the Director will be discretionary, and the procedures specified in S 76.39 are currently discretionary. Accordingly, it would not be logical to compel the Director to follow either of them. This action eliminates the current dietinction between "significant" and not significant proposed activities. This action alsc provides a more flexible and efficient regulatory process. However, the public's opponunity to follow each amendment remains the same because certification documents are placed in the n d"~'3 5 Commission's Public Document f Roomh.J A ca'e}e ia %< nur Ebre,4k, Mec. plus I eL public will have an opportunity to file a petition *WC 'S p
gfp W e h r,4e .
for review of an amendment as described in revised S 76.45(d). In addition, the last sentence i in S 76.45(b) is being deleted because decisions on certificate amendment applications will be delegated to the branch chief. This delegation is comparable to the process cunently used for i
10 CFR Parts 30,40, and 70 facilities.
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The current S 76.45(c) is being redesignated as paragraph (b) because the current i 6 ,
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