ML20236U752
| ML20236U752 | |
| Person / Time | |
|---|---|
| Issue date: | 11/30/1987 |
| From: | Golden B NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | NRC |
| References | |
| NACHLWLS, NUDOCS 8712030350 | |
| Download: ML20236U752 (3) | |
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APPENDIX DOCUMENTS SENT TO THE DCS ON NOVEMBER 30, 1987 HIGH-LEVEL WASTE LICENSING SUPPORT SYSTEM ADVISORY COMMITTEE
- 1. 9/87 Negotiated Rulemaking Meeting Summary (1 page)
- 2. 7/30/87 Ltr to James L. Dean, GSA, From John C. Hoyle, NRC,
Subject:
DRAFT CHARTER FOR PROPOSED NEW ADVISORY COMMITTEE (3 pages) i en nas Bu& PDR
9/87 WRM ORG MTG
SUMMARY
NEGOTIATED RULEMAKING MEETING
SUMMARY
On September 16-17, 1987 the NRC held the first meeting of the HLW Licensf ng Support System Advisory Committee in Washington, D.C.. The purpose of this /
federal advisory committee is to negotiate a proposed rule on the submittal and management of records and documents related to the licensing of
. a high-level radioactive waste repository. (see SE:Y-86-133, SECY-86-308, and SECY-87-140 for more detailed information on the purpose of.this rule and the use of negotiated rulemaking).
The meeting was organizational in nature; the major items on the agenda being i t3 discuss organizational proso'cols, develop a list of issues for negotiation, discuss tranining and information needs, and plan an agenda for future c:etings. William Olmstead (OGC) and Francis Cameron (OGC) sit at the n:gotiating table, respectively, as principle iind alternate spokespersons for the NRC. They receive input from the other Mtc Offices through the NRC negotiating team. In accordance with the 10 CFR Patt 7.10, Donnie Grimsley (ARM) is serving as the designated Federal Officer f or the Advisory Committee. Ken Kalman (NMSS) is the Project Officer. Other members of the negotiating committee represent 00E, the affected States and Tribes, local governments, utilities, citizens groups and environmental groups.
Th3 next meeting of the negotiating committee will be held in Washington, D.C.
on October 15-16, 1987. At this meeting, NRC contra: tors will provide the negotiating committee with instruction in the capabilities of electronic information managent systems, negotiating, and the Ingal constraints affecting this rulemaking.
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General Services Administration I Washington, D.C. 20405 RE: DRAFT CHARTER FOR PROPOSED NEW ADVISORY C0t#11TTEE
Dear Mr. Dean:
Section 9 of the Federal Advisory Comittee Act. U.S.C. App.1. requires that agencies consult with the General Services Administration prior to creation of a.new advisory comittee. In accordlance with that requirement, this is to inform you that the NucTear Regulatory Commission has determined that it is necessary and in the public interest to establish an advisory casunittee to attempt to negotiate a consastsus on proposed revisions 10 CFR Part 2 related to the submissiam v.d management of records and documents for the high-level waste repesitory licensing proceeding. Your views on the establishment of this connittee are requested. This is the same subject on which your informal views were I recently obtained. It is my understanding that CME has no objection. J l
In the Comminion's view, it is essential and im the public interest that 1 this negotiated rulemaking committua be established at this time. Section j 114(d) of the Ituclear Waste Policy Act (NWPA). 42 E.5.C.10134. requires the Commission to issue a final decision on the ismaamca of a construction authorization for the HLW repository within three pers after DOE submits the license application (with a one year extenstem for cause). The MLW licensing proceeding will not only involve novel and complex technical issues, but will also involve millions of docummets, a substantially larger number than the volume of documents involved in the average nuclear power reactor licensing proceeding. In view of this, the Commission does not believe that the use of traditional licensing precedures will enable the Consission to meet the statutory timetable, or will provids all parties with an opportunity for the most effective review of the license applica-tion. In order to meet the statutory schedule, and to provide for the most effective review of the license application by the Commission and other parties, the Ceaunission is initiating measures to streamline the licensing process, khre1on in this reconi was deleted wy Iq = O'se int fucha cf k!!ormation' h D /
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One of these seasures is the development of an infonnation manageneet system that would contain all of the data supporting the DOE licemse '
application, as well as all of the potentially relevant documents generated by the NRC and other parties to the licensing proceeding, te a standardized electronic format. All parties would then have access a this system. Because all relevant information would be readily awaitable through access to the system, the initial time-consuming interrogate y discovery process involving the physical production and on-site review of documents by parties to a NRC licensing proceeding would not be necessary.
The Coonission believes that the process of negotiated rulemaking is the method most likely to achieve the greatest consensus on the rules governing availability and access to pertinent documents generated prior to and during the licensing proceeding. In negotiated rulemaking. the representatives of parties who may be affected by a proposed rule.
including the Comission, conreme as a group over a period of time tu try to reach consensus as .the basis for a proposed rule which the agency issues for notice and comment. The consensus is not the basis per se for the final rule which the agency will develop after traditional notice and connent procedures. The Connission, however may ultimately find it aseful to rely on, or to refer to the consensus in connection with its adaption of the final rule.
The negotiated rulemakino process facilitates the comprehensive tressamt of the rulemaking issues because those groups that may be affected by the rulemaking are present at the discussions and can react directly to each other's concerns and postions. Because of the special makeup of the proposed Consittee, its functions cannot be performed by any other organization within this Agency and the necessary advice to be obtained froni this Committee is not available in another existing advisory committee. There does not appear to be any other means by which sudt advice may be obtained in such a comprehensive manner. The Comissies believes that negotiated rulemakgng is an appropriate process for this rulemaking because it will help to establish the credibility of the L55 i.e., the belief that all relevoet documents will be entered into the system and that the system is free from tampering. In addition, har====
the LS$ will constitute a new process for managing a Connission licsising proceeding, it is important that affected and knowledgeable organizattens directly participate in establishing the rules for system operaties, particularly becaese individual parties to this proceeding will passess substantial research data that sfhould be placed into the LS$.
The NRC's plan for attaining a knalanced membership on the committee is derived from the sevaral interests that might be affected by this particular rulemaking as identified in the response to an earlier Federal Reflister Notice announcing the Consission's intent to conduct a nogettated ru' emaking.
direct, issediate, Mes6ership will bestake and substantial basedin on the(1) rulemaking, whether the party)has a (2 whether l
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the party any be adequately represented by another party on the committee, J and (3) whether the participation is essential to a successful negotiation. The Consnission intends to appoirt individuals representing the NRC, the Department c' Energy, three indivirtual States, two State i coalitions, several Indian tribes and Nations a coalition of nonprofit environmental groups, a coalition of local nor9 governmental groups, and the nuclear industry.
We are planning that the first meeting of the caenittee be held on September 16 and 17,1987. We would appreciate your views at a very early date so that we may take the needed administrative actions well in advance ,
of the planned meeting date. A copy of the charter for the proposed I consmittee is attached.
Sincerely,
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' John C. H6yle
/ Advisory Casurittee Management Officer i l
Attachment:
Charter for the HLW Licensing Support System Advisory Consn.
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