ML20236J237
| ML20236J237 | |
| Person / Time | |
|---|---|
| Issue date: | 05/18/1998 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20236J168 | List: |
| References | |
| REF-10CFR9.7, RULE-PRM-50-63, RULE-PRM-50-63A SECY-98-061-C, SECY-98-61-C, NUDOCS 9807080100 | |
| Download: ML20236J237 (2) | |
Text
1 P
NOT ATION VOTE RESPONSE SHEET TO:
John C. Hoyle, Secretary FROM:
COMMISSIONER MCGAFFIGAN
SUBJECT:
SECY-98-061 - STAFF OPTIONS FOR RESOLVING A PETITION FOR RULEMAKING (PRM-50-63 AND 50-63A)
RELATING TO A RE-EVALUATION OF THE POLICY REGARDING THE USE OF POTASSIUM IODIDE (KI) BY THE GENERAL PUBLIC AFTER A SEVERE ACCIDENT AT A NUCLEAR POWER PLANT Approved Disapproved V
Abstain Not Participating Request Discussion COMMENTS:
see attahed connents.
P SIGNATURE
/I U ()
Release Vote / //
l DATE O Withhold Vote /
/
Entered on "AS" Yes X
No
- f in 81*A*t 9
. _ _ _ _ =
Commissioner McGaflican's Comments on SECY-98-61 1
I believe that the agency should endorse a revision of the proposed 1997 FRPCC policy statement and revise 10 CFR 50.47(b)(10) to include mention of Kl. The rulemaking will help assure that emergency planners consider seriously the use of Kl. KI is unquestionably useful in certain accident scenarios as a supplement to evacuation and sheltering; as Poland's use of KI in the aftermath of Chemobyl shows, KI can be distributed on a mass basis and yet cause extraordinarily few serious adverse reactions; Despite their cultural and legal differences, the leading nuclear power nations of Westem Europe endorse the use of KI, as do the IAEA and the WHO. In the light of these facts, I predict that the Staff's hesitation to conduct rulemaking will become untenable. We will be asked increasingly, from many sides, why we are not making all reasonable efforts to protect the public.
i We have spent a greet deal of time and money in study and debate on KI. It is now time to move forward promply to rulemaking and a revised policy statement. We ought to have a revised policy statement ready for discussion with other agencies by en:!y summer. Indeed, the petitioner has already done most of the revision. If the other involved agencies adopt the revised draft federal policy, there would be follow-up required for implementation of the policy. For example, we should work out the logistics for the ad hoc use of the national stockpiles of materials for response to tenorism involviag nuclear, biological, and chemical agents. At the November 5,1997, public meeting on KI, I raised questions about the use of these stockpiles.
j The questions may have been premature then, but they will not be when the policy statement is finalized.
The proposed mie should be issued sometime this fall. I am unpersuaded by the Staff's estimate that the rulemaking would take 19 months; the Part 52 rulemaking took that long, but the addition of a few words to 50.47 should not. Guidance and verification of compliance should be kept as simple as possible, to save time in both development and implementation.
Two matters of wording: First, the Staff says that the petitioner's suggested revision to 50.47 puts evacuation, sheltering, and the use of KI on an equal focbq. I disagree, but I am willing to have the rule revision take something like the following form (added words in italics), to make it very clear that KI is not on a par with evacuation and sheltering: "In developing this range of actions, consideration has been given to evacuation, sheltering, and, as a supplement to these, the prophylactic use ofpotassium iodide (KI), as appropriate." Similarly, the policy statement and the statement of considerations for the revised rule could speak of the use of KI as a " reasonable and prudent supplement," instead of" measure."
Second, the Staff says that, if we say that the use of K1 is "a reasonable and prudent measure,"
_ State and local govemments may construe us to be requiring the use of KI. Again, I disagree.
The plain language of the revised rule defeats such an interpretation (" consideration has been given," and "as appropriate"). Implementation documents could also reiterate the plain English of the rule to make it clear that State and local govemments would have the authority to consider and decide on +he use ofKI.
a m 88og
[e UNITED sT ATES e
g NUCLEAR REGULATORY COMMISSION j
{ ) ' *'
W ASHIN GTON. O C. 20555 t ~
a
%, *.. * * /
June 26, 1998 OFFICE OF THE
-SECRETARY l.
MEMORANDUM TO:
L. Joseph Callan Executive Diregtor for Operations ebetary FROM:
Joh C L
l
SUBJECT:
STAFF REQUIREMENTS - SECY-97-245 and SECY-98-061 -
STAFF OPTIONS FOR RESOLVING A PETITION FOR RULEMmlNG (PRM-50-63 AND 50-63A) RELATING TO A RE-EVALUATION OF THE POLICY REGARDING THE USE OF POTASSIUM IODIOE (KI) BY THE GENERAL PUBLIC AFTER A SEVERE ACCIDENT AT A NUCLEAR POWER PLANT and COMSECY-97-028 - FEDERAL REGISTER NOTICE ON POTASSIUM IODIDE The Commission has disapproved the staff's recommendation to deny the petition for rulemaking and approved Option 1. As such,' the staff should proceed with rufemaking to f
change 10 CFR 50.47(b)(10) by inserting the following sentence, or similar words, after the first sentence: "In developing this range of actions, consideration has been given to evacuation, sheltering,- and, as a supplement to these, the prophylactic use of potassium iodide (KI), as appropriate." In addition, the Federal Reaister notice and the statements of considerations for the proposed and final rules should be modified to include a statement to the effect that State l
and local decision makers, proviaed with proper information, may find that the use of KI as a 1
g I
protective supplement is reasonable and prudent for specific local conditions. The Federal Reaister notice should be reviewed by the Commission before the notice is given to the other hd relevant agencies for their review. The Commission notes that, consistent with the
@g i
Commission's decision on the June 30,1997, SRM, the Federal government (most likely NRC)
' is prepared to fund the purchase of a stockpile of KI for the States upon request. The NRC staff should work with other relevant agencies to ensure that there are established procedures to enable the national stockpile to be effectively and timely used by states that have not established local stockpiles and wish to make use of the national stockpiles in the event of a severe nuclear power plant accident.
To assist the State and local decision makers, the staff should submit its paper, " Assessment of SECY NOTE: This SRM, SECY 98-061, SECY 97-245, COMSECY 97-028, and tN Commission Voting Record for SECY 98-061 containing the vote sr u, of all Commissioners will be made publicly available 5 working days from the date of this SRM.
-- ~
. the Use of Potassium lodide (KI) as a Public Protective Ac'aon During Severe Reactor Accidents," for public comment. Staff is encouraged to suomit the assessment in whole, or in part, to peer reviewed journals for publication.
Following receipt and evaluation of the public comments, the staff should revise the paper, as appropriate, subject to Commission review. Using this as a basis, the staff should complete and issue a user-friendly information brochure containing the essential data and analyses in the technical assessment attached to SECY 98-61 to assist State and local planners in reaching an informed decision as to whether Kl is an appropriate protective supplement.
(EDO) (SECY Suspense:
Draft Federal Reaister Notice 7/15/98 Notice of proposed rulemaking 10/29/98 j
issuance of final assessment report 10/29/98 l
Issuance of brochure no later than final rule) cc:
Chairman Jackson I
Commissioner Dieus Commissioner Diaz Commissioner McGaffigan l
OGC CIO CFO OCA OlG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
i
)
i l
t