ML20236H964
| ML20236H964 | |
| Person / Time | |
|---|---|
| Issue date: | 06/15/1998 |
| From: | Diaz N NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20236H935 | List: |
| References | |
| SECY-98-113-C, NUDOCS 9807070433 | |
| Download: ML20236H964 (2) | |
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NOTATION VOTE BESPONSE SHEET TO: John C. Hoyle, Secretary FROM: COMMISSIONER DIAZ
SUBJECT:
SECY-98-113 - PROPOSED RULE: EXPAND APPLICABILITY OF 10 CFR PART 72 TO HOLDERS OF, AND APPLICANTS FOR, CERTIFICATES OF COMPLIANCE, AND THEIR CONTRACTORS AND SUBCONTRACTORS Approved Disapproved xj Abstain Not Participating Request Discussion COMMENTS: .
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SIGNATUR$ M l Release Vote / /
DATE f
Withhold Vote / /
Entered on "AS" Yes No i
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- 28e i j CORRESPONDENCE PDR ! I f
COMM!SSIONER DIAZ's VOTE ON SECY-98-113: PROPOSED RULE: EXPAND APPLICABILITY OF 10 CFR PART 72 TO HOLDERS, AND APPLICANTS FOR, CERTIFICATES OF COMPLIANCE, AND THEIR CONTRACTORS AND SUBCONTRACTORS I disapprove the staff's proposal to issue the FRN for comment on this proposed rule, and i vote for discontinuing this rulemaking.
In carrying out its 10 CFR Part 72 responsibilities, the NRC has demonstrated that it has sufficient authority to curtail cask fabrication when needed to ensure adequate protection of public health and safety. Some experiences in this area have underscored the NRC's ability to leverage economic fundamentals of our free market system, in which a company's very existence demands that it produce a quality product, toward adequate protection. The staff already possesses an arsenal of regulatory weapons that are capable of ensuring requisite quality without expanding the size of the
" violations playing fie,d." We should continue to use the tools we already have, such as-generic communications and demands for information, and use them better.
I also disapprove the staffs request that the Commission certify, per the Regulatory Flexibility Act, that this proposed rule will not have a significant economic impact on a substantial number of small entities, since insufficient information has been provided to make this determination, 9
This proposed rule would extend the coverage of Part 72 without a backfit analysia, since the applicable backfit rule (section 72.62) does not apply to the affected entities.
Nevertheless, this rulemaking is, in spirit, a backfit. Therefore, if this rulemaking continues, a backfit analysis should be performed to support a Commission determination that this rule change is necessary to assure adequate protection of occupational or public health and safety, and that it will result in a substantial increase in the same. Additionally, should the Commission decide to go forward with this rulemaking, the staff should extend backfit protection to the entities that will be affected by this rulemaking.
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