ML20216E367
| ML20216E367 | |
| Person / Time | |
|---|---|
| Issue date: | 07/29/1999 |
| From: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Travers W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| REF-10CFR9.7 M990729A, SECY-99-158-C, NUDOCS 9908020295 | |
| Download: ML20216E367 (3) | |
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UNITED STATES
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%, ...../ July 29, 1999 SECRETARY MEMORANDUM FOR: William D. Travers Executive Director for Operations 4 FROM: Annette Vietti-Cook, Secretary \l l l
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)
L SECY-99-158 - Final Rule: " Certification Renewal and Amendment Processes." 10 CFR Part 76 J
i The Commission (with Chairman Dicus and Commissioners McGaffigan and Merrifield agreeing i and Commissioner Diaz agreeing in part) approved a final rule which amends 10 CFR 76 to l l 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 i amendment comparable to the process currently used to amend a fuel cycle license; (3) revises l l the appeal process for amendments; (4) eliminates the distinction between the "significant" and l "non-significant" 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 I associated with filing petitions for review and Commission review of a Director's Decision. l
! The Commission approved the publication and implementation of this final rule subject to the changes indicated in the attachment.
j Commissioner Diaz voted to approve the publication and implementation of a final rule but would have preferred to modify 10 CFR @76.37 to require publication of Federal Reaister notices to '
announce all filings of applications for certification renewal or amendment.
Following incorporation of the changet, the Federal Reaister notice should be reviewed by the I Rules Review and Directives Branch in the Office of Administration and forwarded to the Office of the Secretary for signature and publication.
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(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 l
whether or not to issue a Federal Register notice for any renewal or amendment, the staff q should consider the expressed or potentialinterest of the public and the regulatory and safety i l
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i : significance'of the proposed action. .q l-l
Attachment:
As stated l
r cc: Chairman'Dieus
- Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield i EDO OGC-CIO -
- Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
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Attachment Changes to the Final Rule Package
- 1. The staff should develop procedures for placing Part 76 amendment and renewal documents on NRC's website at the earliest possib!e 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 Corporation'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 Statc3 Carichmcat Cciperction (ths Corporation) USEC, which leases . '
- 5. On page 15, paragraph 1, revise line 3 to read ' . only addresses ths United Statc3 Carichmcat Corporation USEC or its . *
- 6. On page 15, the paragraph on "Backfit Analysis" should be revised to read 'The NRC has determined that the backSt ruls does act app ly to this SnaFruis because these amendments do not invoh'? any provisions that would impose backfits as defined in 10 l CFR 76.76. Therefore, a backfit analysis is not required for this final rule.' l
- 7. The Congressionalletters should be modified to insert the following at the end of the third paragraph:
The public's opportunity to follow each licensing action 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.
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