ML20238E014
| ML20238E014 | |
| Person / Time | |
|---|---|
| Issue date: | 06/10/1986 |
| From: | Jennifer Davis NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20238E005 | List: |
| References | |
| FOIA-87-506 NUDOCS 8709140057 | |
| Download: ML20238E014 (2) | |
Text
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'207.6/KSD/86/05/27 MJ. Bell JO Bunting
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J Buchanan J IM11ps MEMORANDUM FOR:
Victor Stello, Jr.
F Constanzi Executive. Director for Operations
.R Cunningham K Schneider FROM:
John G. Davis, Director H Denton Office of Nuclear Material Safety and Safeguards F Brenneman
SUBJECT:
POLICY STATEMENT REGARDING DISPOSAL OF RADI0 ACTIVE WASTE BELOW REGULATORY CONCERN Enclosed for your concurrence and signature is a Commission paper concerning petitions for rulemaking on disposal of radioactive wastes below regulatory Concern.
Section 10 of the Low-Level Radioactive Waste Policy Amendments Act.of 1985 requires the Commission to establish standards, procedures, and the technical capability to expeditiously deal with such petitions.
The Act imposed a 6-month timeframe on the Commission.
The purpose of the Commission paper is to obtain Commission approval of a policy statement that provides guidance on implementing the requirements in 10 CFR 2.802 in an expeditious manner as required by the Act.
The staff implementation plan attached to the policy statement presents implementing guidance for the policy statement..The guidance provided covers information needed to support petitions, discussion of the decision criteria, and administrative procedures.
The paper also. indicates
'that the technical capability for NRC to act on petitions will be reported separately.
You should be aware that the administrative procedures in the implementation plan directly involve the EDO.
The procedures call for the EDO to publish the proposed and final rules resulting from acceptance of petitions.
Your approval of the Commission paper constitutes your generic prior approval to expend resources on any petitions that can be processed in accordance with the policy statement and implementation plan.
Requesting EDO approval to expend resources for each petition would delay Commission response to each petition by at least 2 months.
A key element of the proposed expedited processing is to place the burden for supporting and justifying the proposed rule on the petitioner.
Staff resource demands have been reduced to a bare minimum.
The purpose of the rulemakings will be to relieve licensees from the need to dispose of certain wastes in licensed low-level waste sites.
In view of these factors and the mandate in the Act, we conclude that your prior
. approval to expend resources would be justified.
We also conclude that the enclosed paper and the planned status report described in the paper provide a sufficient basis for your approval.
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DATE :86/05/27
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2-I The exact roles and resource commitments of each office in processing the' petitions are still under negotiation and may have to be negotiated as each i
petition is received.
Therefore, you may wish to consider giving limited prior approval to expend resources.
For example, you might approve working on 3 new petitions and ask for an assessment-of the resources actually expended on those
-3 and a status report on the number filed and expected at that point in time.
We have written the implementation plan to provide for continuing expeditious actions in keeping with the tenor of Section 10 of the Act and recommend that~
you not limit your approval.
This Commission paper has been coordinated with the Division of Rules and Records, Office of Administration, and the Offices of Research, Inspection and Enforcement, and Public Affairs.
The Executive Legal Director has no legal objection.
The Offices of State Programs and Nuclear Reactor Regulation concur.
The policy statement has also been coordinated with EPA staff in the, Office of Radiation Programs.
No significant disagreements or issues have been identified.
(SIGNED) John G. Davis John G. Davis, Director Office of Nuclear Material Safety and Safeguards b
Enclosure:
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