ML20236H976
| ML20236H976 | |
| Person / Time | |
|---|---|
| Issue date: | 06/23/1998 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20236H935 | List: |
| References | |
| SECY-98-113-C, NUDOCS 9807070438 | |
| Download: ML20236H976 (5) | |
Text
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. NOTATION VOTE RESPONSE SHEET TO: John C. Hoyle, Secretary FROM: COMMISSIONER MCGAFFIGAN
SUBJECT:
SECY-98113 - PROPOSED RULE: EXPAND APPLICABILITY OF 10 CFR PART 72 TO HOLDERS OF, AND APPLICANTS FOR, CERTIFICATES OF COMPLIANCE, AND THEIR CONTRACTORS AND SUBCONTRACTORS Approved Y Disapproved Abstain Not Participating Request Discussion COMMENTS:
I approve publication of the proposed rule for comment to expand the applicability of 10 CFR Part 72 to holders of, and applicants for, certificates of compliance, and their contractors and subcontractors. I suggest that the proposed language
.in 10 CFR 72.10(a) and (c) be revised as follows, for clarity and to conform to other sections (e.g., 72.142,72.144):
" Discrimination by a Commission licensee, certificate holder, applicant
'for a Commission license or CoC, or a contractor or subcontractor of any of these....."
Suggested edits to the draft Federal Register notice, letters to Congress and press release are indicated on the attac pages, e
Ak SIGNATURE fl U U )
Release Vote / f / N> N' DAdji I
Withhold Vote / /
- Entered on "AS" Yes x No 9907070438 900630 1 PDR COPMS IGtCC 1 CORRESPONDENCE PDR i -
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m cl in Ns c. Ce c bs .
72.234, and 72.236 to clanfy who is responsible for ensuring that these requirement re met.
Y Terms such as cask user, cask model, cask vendor, and representative of a cask u::cr ' re not defined and would be replaced with defined terms. Additionally, changes would also be made to S 72.10 " Employee Protection," and b 72.11 " Completeness and Accuracy of Information,"
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to include certificate holders and applicants for a certificate. Section 72.3 would be revised to (1) incorporate definitions for " certificate holder,"" certificate of compliance," and " spent fue:
storage cast " (2) revise the definitions for " design bases" and " structures, systems, and
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components important to safety" to include the term " spent fuel storage cask," and (3) revise the definition for " design capacity" to be consistent with the Commission's policy on the use of metric units. Section 72.236 would be revised and would be reissued as being subject to the criminal perialty provisions of S 223 of the Atomic Energy Act and S 72.86(b)," Criminal Penalties," would be revised to delete mention of 9 72.236 as a conforming change.
Lastly, a new 9 72.242 would be added to Subpart L to identify recordkeeping and reporting requiniments for certificate holders and applicants for a CoC. Paragraphs (a), (b),
and (c) would require the certificate holder or applicant for a CoC to maintain any records or make any reports which are required by the conditions of a CoC or by the rules, regulations, and orders of the Commission. Paragraph (d) would require that a certificate holder submit a written report to the NRC within 30 days when the certificate holder identifies certain deficiencies in the design or fabOtion of a spent fuel storage cask which has been delivered to a licensee. This requirement would apply when the deficiency affects the ability of structures, systems, and components which are important to safety to perform their function. This requirement is intended to address instances where the deficiency does not rise to the level of a
" substantial safety hazard" which 10 CFR Part 21 requires certificate holders and applicants to report to the NRC. The Commission believes that by requiring this information, it will be in a 6
i Section 72.44(g) also issued under secs.142(b) and 148(c), (d), Pub. L. 100-203,101 Stat.1330-232,1333-236 (42 U.S.C.10162(b),10168(c), (d)). Section 7P. 46 also issued under sec.189,68 Stat. 955 (42 U.S.C. 2239); sec.134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C.
10154). Section 72.96(d) also issued under sec.145(g), Pub. L.100-203,101 Stat.1330-235
- (42 U.S.C.10165(g)). Subpart J also issued under secs. 2(2),2(15),2(19),117(a),141(h), Pub.
L 97-425, 96 Stat. 2202, 2203, 2204, 2222, 2224 (42 U.S.C.10101,10137(a),10101(h)). i
. Subparts K and L are also issued under sec.133, 98 Stat. 2230 (42 U.S.C.10153) and sec. 218(a),96 Stat. 2252 (42 U.S.C.10198).
- 2. In f 72.2 paragraph (b)is revised to read as follows:
4 6 72.2 Scope...
(b) The regulations in this part pertaining to an independent spent fuel storage
. Installation (ISFSI) and a spent fuel storage cask apply to all persons in the United States. l including persons in Agreement States. The regulations in this part pertaining to a monitored rett;evable storage installation (MRS) apply only to DOE.
- 3. In 6 72.3, the definitions ma of cem "- .c4 ertificate h and Suent fuel storage cask or cask are added in alphabetical order, and the definitions of Design E- -. r'-% , .=. ;a . s,-d s stru+was. sv.;emi and c.smscs.ent. lmssitent to ssfetv are i revised to read as follows: !
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UNITED STATES F
E NUCLEAR REGULATORY COMMISSION wasnoworow, o.c. semes.een E
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~1hn};d Ch es chsd L be e A A L e f The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private -
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Property and Nuclear Safety
' Committee on Environment and Public Works United States Senate Washington, DC 20510
Dear Mr. Chairman:
Enclosed for the information of the Subcommittee is'a copy of a Federal Register notice R<pi<e<neah &k X concerning a proposed amendment to 10 CFR Part 728 " Lhensi M yea ua . Sqe d 6p.a r>=de a LJ w dp-WJ nXchh. W stc..'
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to x
expand the applicability of Part 72 to holders cf certificates of compliance (i.e., a documeng issued by NRC x certificatesfan$that ' approves the d their contractors and subcontractors. Although these persons are already design of spent fuel ctorage casksfapplicants
.x 1 subject to certain provisions of Part 72, they are not yet explicitly subject to other provisions )
intended to apply to them. As a result, NRC has refrained from issuing Notices of Violations (NOVs) in instances when these ' persons failed to comply with the regulations. - Instead, NRC has issuga Notice of Nonconformanc@ M * .% nu OceM saneFom h ~ l
,o J.,. .s N a e%An 44,ect f'4 I ob .a + ;The proposed amendment, if adopted, would enhance {the Commission ""'d "
Mb* + 1 enforcement actions against certificate holders, applicants for certificates, and their contractors U ** F and subcontractors, in the form of NOVs, when these persons fail to comply with the
_ regulations. This would allow NRC to more effectively and efficiently carry out its 4*+
responsibilities to protect public health and safety and the environment, i
The' Commission is issuing the proposed amendment for public comment.
Sincereiy, l
Dennis K. Rathbun, Director Office of Congresaions' Affairs
Enclosure:
Federal Register Notice -
cc: Senator Bob Graham
[I
Draft press release - 5/7/98,2:30 p.m.
NRC CONSIDERS CHANGES TO REGULATIONS FOR SPENT FUEL STOR AGE CASK DESIGNERS The Nuclear Regulatory Commission is considerin;; expanding the scope of its regulations to make them more fully applicable to holders of, and applicants for, NRC certificates of compliance for the design of a spent fuel storage cask, and to their 1
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con pa $ctors ww e-and prsM subcontractors.
y 4 w a ,e w<o L sh t@ 5:my< m dwWy .
The revisionho Part 72 of the Commission's regulation [would enhance the x agency's ability to take enforcement action against these companies if they violate legally binding requirements in M ~12. . y The proposed changes would also add recordkeeping and reporting requirements.
They would require that a certificate holder submit a written report to the NRC within 30 days after finding certain types of deficiencies in the d3 sign or fabrication of a spent fuel storage cask that has been delivered to a licensee (such as a nuclear power plant operator). The requirement would apply if the deficiency affects the ability of structures, systems and components important to safety to perform their function. Another section of the Commission's regulations (Part 21) already requires certificate holders ,
and applicants to report a
- substantial safety hazard" to the NRC. The proposed i revisions would apply to deficiencies that do not rise to this level.
Further details of the proposed changes are contained in a Federal Register notice to be published shortly.
Interested persons am invited to submit written comments on the proposed rule changes to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC
. 20555 0001, Attention: Rulemakings and Adjudications Staff. The comtr.ents should be submitted within 75 days of the Federal Register notice. Comments may also be provided electronically via the NRC's interactive rulemaking web site at
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UNITED STATES NUCLEAR REGULATORY COMMISSION f"- .. j o
WA$NNGTON. O C. 20555 0001
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%w &~ June'30. 1998
. OFFICE OF THE -
SECHETARY l j MEMORANDUM TO: L. Joseph Callan Execdlive Director for Operations
,[ ^ <
sy% G-FROM: John C. Hoyle, Secretary i
SUBJECT:
STAFF REQUIREMENTS - SECY-98-113 - PROPOSED RULE:
EXPAND APPLICABILITY OF 10 CFR PART 72 TO HOLDERS
'j OF, AND APPLICANTS FOR, CERTIFICATES OF COMPLIANCE, AND THEIR CONTRACTORS AND SUBCONTRACTORS l The Commission has approved publication of the proposed rulemaking for a 75-day public comment period. The proposed language in.10 CFR 72.10(a) and (c) should be revised as follows, for clarity and to conform to other sections (e.g.,72.142 and 72.144):
Discrimination by a Commission licensee, certificate holder, applicant for a Commission
' license or CoC, or a contractor or subcontractor of any of these .. ."
~ Additional changes to the draft Federal Reaister notice, letters to Congress and press release .
are indicated in the attachment. l (SECY Suspense: 7/31/98)
(EDO) h
Attachment:
0 As stated \ )
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' SECY NOTE: THIS SRM, SECY-98-113, AND THE COMMISSION VOTING RECORD CONTAINING THE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE l PUBLICLY AVAILABLE 5 WORKING DAYS FROM THE DATE OF THIS SRM.
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cc: Chairman Jackson Commissioner Dieus .
Commissioner Diaz .
Commissioner McGaffigan OGC CIO -
CFO OCA~
.s OlG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
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. Changes to the Rulemaking Package in SECY-98-113
- 1. In the Federal Reaister notice, page 6, line 2 after the phrase ' representative of a cask
- user' insert 'used in these sections.' On page 24, last paragraph, line 1, move ' Certificate Holder' in front of ' Certificate of Compliance.'
L 2.- In the Congressionalletters, at the end of the first sentence, add '," Licensing ~
Requirement s for the independent Storage of Spent Nuclear Fuel and High-Level Radioactive
' Waste." ' In paragraph 2, lines 2 and !.. cemove the commas and in lines 3 and 4, change the semicolons to commas. In paragraph 2, last line, insert 'an administrative action in the fvmat' after ' issued' and at the end of the line, add 'which lacks the necessary enforcement sanctions to more effectively address performance problems that have occurred in the spent fuel storage
! industry.'
o 3. In the draft press release, at the end of paragraph 1, add 'These changes are necessary
- to more effectively address performance problems that have occurred in the spent fuel storage industry.- In paragraph 2, line 1, remove the commas and at the end of the sentence, add 'in Part 72.'
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