ML20216E352
| ML20216E352 | |
| Person / Time | |
|---|---|
| Issue date: | 07/02/1999 |
| From: | Merrifield J NRC COMMISSION (OCM) |
| To: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20216E333 | List: |
| References | |
| SECY-99-158-C, NUDOCS 9908020256 | |
| Download: ML20216E352 (2) | |
Text
.y -
A F F I R M A T I O N VOTE RESPONSE SHEET TO: Annette Vietti-Cook, Secretary FROM: COMMISSIONER MERRIFIELD
SUBJECT:
SECY-99-158 - FINAL RULE: " CERTIFICATION RENEWAL '
AND AMENDMENT PROCESSES," 10 CFR PART 76 Approved Disapproved Abstain Not Participating COMMENTS:
h a Hocil c -~ 8 SIG g E Y// ~
7 9 DATE ' '
Entered on AS" Yes / No isR*!J?e72g;2, CORRESPONCENCE PDR 9 907090d[4 ,
1, . . -
COMMISSIONER MERRIFIELD'S COMMENTS ON SECY 99-1589 I approve the proposed revisions to 10 CFR Part 76 with the following comments.
In discussing the changes to 76.45(b), the staff states that "the public's opportunity to follow each amendment remains the same because the certification documents are placed in the Commission's Public Document Room and the public will have an opportunity to file a petition for review of an amendment as described in revised 76.45(d)." This statement does not appear entirely consistent with the changes to 76.45 and 76.37 which make Federal Register noticing of the proposed action discretionary. W;hout noticing in the Federal Register, the public's ability realize relevant documen,ts are available in the POR would be adversely impacted. To address this concern, the staff must implement a standard for Federal Register notification (for both amendments and renewals) which is consistent with the staffs assertions about the public's ability to follow amendments.
Insofar as proposed changes to Part 76 must be evaluated to determine if they constitute backfits, the staff should delete the phrase "the backfit rule does not apply because" from the Backfit Analysis discussion. The remaining analysis should state:
The NRC has determined that these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 76.76. Therefore, a backfit analysis is not required for this final rule."
l I
i 1
l l
l
o e
/ UNITED STATES i f %,j NUCLEAR REGULATORY COMMISSION IN RESPOESE, PLEASE g g WASHINGTON D.C. 20$5W1 REFER TO: M990729A f
- o July 29, 1999 SECRETARY MEMORANDUM FOR: William D. Travers Executive Director for Operations j-FROM: Annette Vietti-Cook, Secretary \h. '
SUBJECT:
STAFF REQUIREMENTS - AF RMATION SESSION,2:00 P.M.,
THURSDAY, JULY 29,1999, COMMISSIONERS' CONFERENCE I ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)
I SECY-99-158 - Final Rule: " Certification Renewal and Amendment Processes." 10 CFR Part 76 The Commission (with Chairman Dicus and Commissioners McGaffigan and Merrifield agreeing and Commissioner Diaz agreeing in part) approved a final rule which amends 10 CFR 76 to make the certification renewal and amendment processes more effective and efficient. This final rule: (1) modifies the process for certificate renewals; (2) establishes a process for a certificate amendment comparable to the process currently used to amend a fuel cycle license; (3) revises the appeal process for amendments; (4) eliminates the distinction between the "significant" and "non-signmcant" designation for amendments; (5) simplifies the criteria for persons who are eligible to file petitions for review of amendment actions; (6) removes references to the initial applications because the initial certificates have been issued; and (7) lengthens the time periods associated with filing petitions for review and Commission review of a Director's Decision.
The Commission approved the publication and implementation of this final rule subject to the changes indicated in the attachment.
Commissioner Diaz voted to approve the publication and implementation of a final rule but would have preferred to modify 10 CFR 976.37 to require publication of Federal Reaister notices to announce all filings of applications for certification renewal or amendment.
Following incorporation of the changes, the Federal Reoister notice should be reviewed by the Rules Review and Directives Branch in the Office of Administration and forwarded to the Office of the Secretary for signature and publication.
(EDO) (SECY Suspense: 8/27/99)
The staff should be cautious in exercising its discretion regarding Federal Register notification of renewal and amendment applications in sections 10 CFR 76.37 and 76.45(c). In deciding whether or not to issue a Federal Register notice for any renewal or amendment, the staff should consider the expressed or potentialinterest of the public and the regulatory and safety
- @ o2&Af 3rp.
r::
I-,
l:
! 'a -
- significance of the proposed action.
a.
- j. .
Attachment:
- As stated cci Chairman Dicus Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield EDC
'OGC CIO I
Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail) l PDR - Advance l DCS - P1-17 i
r
A$tachment d'
Changes to the Final Rule Package
- 1. The staff should develop procedures for placing Part 76 amendment and renewal l documents on NRC's website at the earliest possible opportunity. On page 6,2"* full paragraph, revise line 10 to read ' . Public Document Room, and in the near future, the NRC plans to place these documents on NRC's website. Accordingly,-end the public will have an opportunity ... *
- 2. On page 1, paragraph 1, revise line 2 to read ' . governing the U.S. Enrichment Corporatior(s (USEC) gaseous diffusion plants . .'
- 3. On page 2, revise the first line under " Background" to read ' . NRC's requirements for the USEC's Paducah and Portsmouth . '
- 4. On page 3, paragraph 1, revise line 4 to read ' .. came from the United States Enrlchment Osiper;tlcn (the Oorporatica) USEC, which leases . *
- 5. On page 15, paragraph 1, revise line 3 to read * . . only addresses the United Otates Enc;chment Cerperation USEC or its . ..' .
- 6. On page 15, the paragraph on "Backfit Analysis" should be revised to read 'The NRC has determined that the bac'a0; rula doca not app ly to this nn;l ruic because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 76.76. Therefore, a backfit analysis is not required for this final rule.'
- 7. The Congressionalletters should be modified to insert the following at she end of the third paragraph:
-The public's opportunity to follow each licensutg ochon remains the same because licensing documents are placed in the Commission's Public Document Room, will be placed on the NRC's website, and the public continues to have an opportunity to file a petition for review.
I i
L.. .