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Date: 4/21/97 2:57pm Subject Parts 72 & 40 Rulemaking Plan for Miscellaneous Items: Draft SRM l As discussed concerning the draft SRM, the Staff (members --NMSS, OGC, & RES i of the rulemaking team') have no technical or legal objection to the Subject l Draft SRM.
l This rulemaking action will be a two step process due to a change in the Paper Reduction Act requirement for Item 9 of the Rulemaking Plan. IRM & OGC have l advised that normal rulemaking procedure should be followed. q CC: l j WND1 WNP2.ENJ, WND1.WNP7.AXP1, WND1.WNP7.FIY, PEN,... '
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MEMORANDUM TO: Chairman Jackson Commissioner Rogers -'
Commissioner Dicus Commissioner Diaz commissioner McGaffigan FROM: Annette L. Vietti-Cook, Acting Secretary
SUBJECT:
STAFF REQUIREMENTS MEMORANDUM Attached is the staff requirements memorandum on SECY-97-069.
'The SRM will be issued to the staff by COB Monday, Aoril 21, 1222, unless I hear otherwise.
The attached SRM and the subject SECY paper are considered to be
" final Commission decisions" and as such will be released to the public 5 days after the date of the final SRM.
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Attachment:
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0 U MEMORANDUM TO: L. Joseph Callan Executive Director for Operations l
FROM: John C. Hoyle, Secretary SUBJECT STAFF REQUIREMENTS - SECY-97-069 - RULEMAKING PLAN : MISCELLANEOUS CHANGES TO 10 CFR PART 72 AND AMENDMENT TO 10 CFR PART 40 TO REMOVE
' NATURAL OR DEPLETED URAFIUM USED IN STORAGE CASK SHIELDING FROM PA, *O LICENSING REQUIREMENTS
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l This is to advise you that the Commission-has not objected to the implementation of the proposed Rulemaking Plan subject to the
} following comments.
I j 1. The draft rule language for Section 72,44 (d) (3) deleted the
- requirement to submit the report within 60 days after l
January 1 of each year, but retains the use of the term
" annual" and " previous 12 months." This revision allows for flexibility in submitting the reports, but does not address l .the phase-in period. Additionally, it opens up the
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possibility that licensees may submit the report later than 12 months (for the first time after the effective date) or overlap data if trying to get on the same schedule as the
! reactor effluent report. Staff should clarify this in the Statement of Considerations for the rule, indicating that licensees may submit reports for a shorter time period for l the first report after the effective date of the rule, if
! they are trying to get on the same reporting schedule for the reactor effluent report. In addition, on page 2 of the
- Rulemaking Plan, paragraph 1., add to the suggested language i of Section 72.44 (d) (3) the following sentence
- "The time between submission of reports must be no longer than 12
- l. months."
- 2. On page 7 of the Rulemaking Plan for-Section 72.140(d),
paragraph 1. (d) , line 6, insert the word "also" after the word "must."' .In line 7, insert "for recordkeeping" after
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, "Section 72.174."
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(\ 3. The staff has deleted Section 72.75 (d) (2) (vi) , which asks i
for assessment of the extent of exposure of individuals to radiation or to radioactive materials without identification
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of individuals by name, An equivalent section has not been included in the proposed revision to Section 72.75 for reporting requirements, and should be added.
cc: Chairman Jackson Commissioner Rogers Commissioner Dicus commissioner Diaz Commissioner McGaffigan OGC l CIO CFO OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
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% * ~Action: Morrison, RES i l'k : [Jasa%g UNITED STATES gQ-l Cys: Callan
.. y' NUCLEAR REGULATORY COMMISSION Jordan
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o, i WASHINGTON, D.C. 20555-0001 Thompson f Norry
%, * * * * , / April 24, 1997 Blaha Paperiello,NMSS SECRETARY Oan9aTt Meyer, ADM Shelton, IRM Au, RES i
MEMORANDUM TO: L. Joseph Callan ExecLt've Director for Operations FROM: Jo C. H 1 cretary
SUBJECT:
STAFF REQUIREMENTS - SECY-97-069 - RULEMAKING PLAN : MISCELLANEOUS CHANGES TO 10 CFR PART 72 AND AMENDMENT TO'10 CFR PART 40 TO REMOVE NATURAL OR DEPLETED URANIUM USED IN STORAGE CASK SHIELDING FROM PART 40 LICENSING
- REQUIREMENTS This is to advise you that the Commission has not objected to the implementation of the proposed Rulemaking Plan subject to the following comments. (RES) 9600162
- 1. The draf t rule language for Section 72.44 (d) (3) deleted the requirement to submit the report within 60 days after January 1 of each year, but retains the use of the term
" annual" and " previous 12 months." This revision allows for flexibility in submitting the reports, but does not address the phase-in period. Additionally, it opens up the possibility that licensees may submit the report later than 12 months (for the first time after the effective date) or overlap data if trying to get on the same schedule as the reactor effluent report. Staff should clarify this in the Statement of Considerations for the rule, indicating that l
' licensees may submit reports for a shorter time period for the first report after the effective date of the rule, if they are trying to get on the same reporting schedule for the reactor effluent report. In addition, on page 2 of the Rulemaking Plan, paragraph 1., add to the suggested language
- - of Section 72.44 (d) (3) the following sentence
- "The time between submission of reports must be no-longer than 12 months."
- 2. On page 7 of the Rulemaking Plan for Section 72.140(d),
paragraph 1. (d) , line 6, insert the word "also" after the word "must." In line 7, insert "for recordkeeping" after SECY NOTE: THIS SRM AND SECY-97-069 WILL BE MADE PUBLICLY AVAILABLE 5 WORKING DAYS FROM THE DATE OF THIS SRM.
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"Section 72.174."
- 3. The staf f has deleted Section 72.75 (d) (2) (vi) , which asks for assessment of the extent of exposure of individuals to q radiation or to radioactive materials without identification ;
of individuals by name. An equivalent section has not been included in the proposed revision to Section 72.75 for i reporting requirements, and should be added.
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cc: Chairman Jackson Commissioner Rogers Commissioner Dicus Commissioner Diaz I commissioner McGaffigan OGC ]
l CIO CFO OCA DIG l Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
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