ML20217J257
| ML20217J257 | |
| 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 & |
| Shared Package | |
| ML20217J263 | List: |
| References | |
| NUDOCS 9910250056 | |
| Download: ML20217J257 (6) | |
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1 UNITED STATES
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NUCLEAR REGULATORY COMMISSION Y
WASHINGTON, D.c. 20555-0001 5
- * * * *,o' October 5, 1999 Ms. Lynnette Hendricks, Director Pant Support
- Nuclear Generation Division
. Nuclear E' gy Institute 1776 l Str vt, NW Suite 400 Washington, DC 20006-3708
Dear Ms. Hendricks:
I am responding to your August 17,1999, letter conceming the certification process for spent fuei cask designs. You expressed concern over the amount of time the certification process 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 certification 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 approval to eliminate the normally. required rulemaking plan. In addition, both the proposed and final rules are now signed by the Executive Director for Operations. The staff is also taking steps to better streamline our internal 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 Reoister (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 in the listing, unless we have reason to believe that a particular amendment will be controversial.
You specifically suggested that we publish the proposed rule upon receipt of the application or immediately following the technical sufficiency review, instead of waiting for completion of the 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 staff 4 drat! SER and draft CoC and proposed technical specifications provide the staffs rationale for recommending approval of a particular cask design and are considered essentin to the staffs rulemaking effort.
Many of the comments that are received on such rulemakings are on those dr&ft and proposed documents. Without the staffs draft SER and draft CoC, including the proposed technical
' 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 the overall dry cask storage design certification ocessgrqGnpf i
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P 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 Distribution: NMSS Ticket No. 7472 RGordon R/F IMNS RlF NMSS R/F NRC File Center PUBLIC DMendlola SShankman EWBrach LKokajko To receive a copy of this document, indicate in the box "C" = copy without attachment / enclosure. "B" = copy with Ettachment/ enclosure, "N" = No co~ File Name:(g:\\ Horn \\NEl.wpd)
- See Previous Concurrence OFFICE:
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99 objections / subject to change noted OFFICIAL RECORD COPY
L. Hendricks -
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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 j
'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, William F. Kane, Director Office of Nuclear Material Safety and Safeguards
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rulemakings are on the proposed SER, CoC, and technical specifications. These documents provide the staffs rationale for recommending approval of a particular cask design and a,re considered essential to the staffs rulemaking effort.
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NRC is open to industry's suggestions on ways to improve the certification process ^ and I thank I
you for your suggestions. However, I believe that recent improvements in the pr'ocess will result in improvements to the overall schedule for the certification process. NRC staff continues to evaluate ways to improve the efficiency, efft;ctiveness, and timeliness of the CoC rulemaking I
process. Furthermore, we would be happy to meet and discuss your proposal and our recent initiatives in improving the effectiveness and timeliness of the overall dry cask storage design certification process.
Sincerely,.
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William F. Kane, Director j
Office of Nuclear Material Safety and Safeguards l
7 Distribution: NMSS Ticket No. 7472 IMNS R/F
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L. Hendricks 2
NRC is open to industry's suggestions on ways to improve the certification process and I thank you for yout suggestions. However, I believe that recent improvements in the process will result in improveme.its 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 prccess.
Sincerely, William F. Kane, Director j
Office of Nuclear Material Safety and Safeguards 1
i Distribution: NMSS Ticket No. 7472 RGordon R/F IMNS R/F NMSS R/F NRC File Center PUBLIC DMendiola i
SShankman To receive a copy of this document, indicate in the box "C" = copy without attachment / enclosure, "B" = copy with attachmenuenclosure, "N" = No copy File Name:(g:\\ Horn \\NEl.wpd)
- See Previous Concurrence
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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.
Sincerely, i
Carl J. Paperi o, Director Office of Nyc ear Material Safety and Safeguards
. Qistribution: NMSS Ticket No. 7472 RGordon R/F IMNS R/F NMSS R/F NRC File Center PUBLIC DMendiola SShad ean To receive a copy of thi document, indicate in the box "C" = copy without attachment / enclosure, "B" = copy with attachment /enclosur "N" = No copy File Name:(g:\\ Horn \\NEl.wpd)
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