ML20217H373
| ML20217H373 | |
| Person / Time | |
|---|---|
| Issue date: | 10/05/1999 |
| From: | Kane W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Hendricks L NUCLEAR ENERGY INSTITUTE (FORMERLY NUCLEAR MGMT & |
| References | |
| NUDOCS 9910220115 | |
| Download: ML20217H373 (3) | |
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1 NUCLEAR REGUL/iTORY COMMISSION r
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WASHINGToh. D.c. 20566-0001 (a
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' October 5, 1999 p
- Ms. Lynnette Hendricks, Director' 1
Pant Support -
Nuclear Generation Division -
- Nuclear Energy Institute ~
-17761 Street, NW3 Suite 400 4 Washington, DC 20006-3708 Dear M' s. Hendricks i
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- I am responding to your August 17,1999, letter conceming the certification process for spent fuel cask designs. You expressed concern over the' amount of time the certification process
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~ takes and recommended that the Nuclear Regulatory Commission (NRC) take steps to
. implement a more streamlined and expeditious certification process.
The length of time needed for the ce'rtification process has received attention from senior
- agency officials. Several changes over the last year have been implemented that are designed to streamline the process,'.Specifically, the NRC staff has received Commission approva! to
- eliminate the normally required rulemaking plan. In addition, both the proposed and final rules l are now signed by the Executive Director for Operations. The staff is also taking steps to better
. streamline our intemal process and make it more efficient, effective, and timely. These internal
- changes should reduce the length of time necessary to complete future rulemakings.
'As noted.in the Federal Reaister (64 FR 1542), the staff has considered a direct final rule approach for adding casks to the listing in 10 CFR 72.214. - However, based on the number and type of comments that we have received on the recent Certificate of Compliance (CoC) rulemaking; we are not able at this time to use the direct final rule approach for additions to the
- listing.. The staff will reassess this issue in the future after gaining additional experience with new listings. However, we do plan to use a direct final rule for amendments to the cask systems 1
in the listing, unless we have reason to believe that a particular amendment will be controversial.
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1 You specifics.lly suggested that we publish the proposed rule upon receipt of the application or l
. immediately following the technical sufficiency review, instead of waiting for completion of the L preliminary safety evaluation report (SER) and the proposed CoC. Without additional discussion,
- we do not believe that this is a practical option. As you may know, the staFs draft SER and drt.ft
' : CoC and proposed technical specifications provide the stafs rationale for recommending i
approval of a particular cask design and are considered essential to the stars rulemaking effort.
(Many of the comments that are received on such rulemakings are on those draft and proposed documents. Without the stafs drrft SER and draft CoC, including the proposed technical 4
specifications and conditions of cast usage, we are not convinced that the public would be able to provide meaningful comments on the proposed staff action; We would be happy to meet and
' discuss your proposal and our recent initiatives in improving the effectiveness and timeliness of f
j the overall dry cask storage design certification process.
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- t.. Hendricks 2
NRC is open to industryN. eJggestions on ways to improve the certification process and I thank 4,
you for your suggestions. However, I believe that recent improvements in the process will result
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. In improvements to the overall schedule for the certification process. NRC staff continues to R-evaluate ways to improve the efficiency, effectiveness, and timeliness of the CoC rulemaking process and we welcome suggestions to improve in those areas.
Sincerely, William F. Kane, Director Office of Nuclear Material Safety and Safeguards l
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October 5, 1999 L. Hendricks 2
NRC is open to industry's suggestions on ways to improve the certification process and I thank you for your suggestions. However, I believe that recent improvements in the process will result in improvements to the overall schedule for the certification process. NRC staff continues to evaluate ways to improve the efficiency, effectiveness, and timeliness of the CoC rulemaking process and we welcome suggestions to improve in those areas.
Sincerely, Original signed by William F. Kane, Director Office of Nuclear Material Safety and Safeguards Dictribution: NMSS Ticket No. 7472 RGordon R/F IMNS R/F NMSS R/F NRC File Center PUBLIC DMendiola SShankman EWBrach LKokajko To receive a copy of this document, indicate in the box "C" = copy without att*chment/ enclosure, "B" = copy with attachment / enclosure, "N" = No copy File Name:(g:\\Hom\\NEl.wpd)
- See Previous Concurrence OFFICE:
RGB/IMNs*
RGB/IMNs*
D/sFPO/NMss*
D/IMNs/NMss*
NAME:
MHorn ce/cl CHaney WBrach DCool DATE:
8/31/99 9 /02/99 9/ 30 /99 9/20/99 OFFICE:
OGC*
sFPo*
E D/NMss NAME:
sTreby LKokajko WKane DATE:
9 / 29 /99No legal 9 /29/99 f//
9 objections / subject to change noted OFFICIAL RECORD COPY