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RULEMAKING ISSUE (NEGATIVE CONSENT) !
March 28, 1997 SECi-97-069 j FOR: The Commissioners l
FROM: L. Joseph Callan, Executive Director for Operations
SUBJECT:
RULEMAKING PLAN: MISCELLANE0US CHANGES T0 10 CFR PART 72 AND AMENDMENT TO 10 CFR PART 40 TO REMOVE NATURAL OR l DEPLETED URANIUM USED IN STORAGE CASK SHIELDING FROM PART 40 l LICENSING REQUIREMENTS PURPOSE:
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\'j To inform the Commission that the ED0 intends to sign the enclosed Rulemaking Plan to amend certain sections in 10 CFR Part 72 to correct several inconsistencies and to clarify certain sections. The rulemaking would also l amend the regulations to remove from the licensing requirements of 10 CFR l Part 40 the use of natural or depleted uranium in dry spent fuel storage l casks.
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ISSUE:
The Commission's licensing requirements for the independent storage of spent nuclear fuel and high-level radioactive waste are specified in 10 CFR Part 72.
Experience in applying Part 72 has indicated that it is not adequate in some j respects and that certain additions and clarifications to the rule are i necessary. This rulemaking would make eight miscellaneous changes to Part 72, and also would extend the exemption from licensing requirements for shipping containers using natural or depleted uranium as shielding (5 40.13(c)(6)) to storage casks using natural or depleted uranium as shielding.
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SECY NOTE: TO BE MADE PUBLICLY AVAILABLE WHEN THE FINAL SRM IS MADE AVAILABLE.
CONTACT:
M. L. Au, WMB/DRA/RES IN THE ABSENCE OF INSTRUCTIONS TO THE CONTRARY, SECY WILL NOTIFY THE STAFF ON i (301) 415-6181 TUESDAY, APRIL 15, 1977 THAT THE COMMISSION, t' h BY NEGATIVE CONSENT, ASSENTS TO THE ACTION
('j PROPOSED IN THIS PAPER.
l 9800070341 980004 l PDR PR 1 72 63FR31364 PDR l 9 7 0 7; O h 6 Li f J