ML20245A352

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Requests That Oeld Provide Legal Opinion as to Whether Position Presented in NRR 860401 Memo Legally Supportable Under Existing Regulation
ML20245A352
Person / Time
Issue date: 07/08/1986
From: Arlotto G
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To: Olmstead W
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
Shared Package
ML20244D710 List:
References
TAC-52665, NUDOCS 8703200166
Download: ML20245A352 (1)


Text

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Ref. 3 .

JUL8 8 66 W. J. Olmstead, Director ,

s MEMDRANDUM FDR: Regulations Division. ELD G. A. Arlotto. Director FRDM: Division of Engineering Technology RES ,

SUBJECT:

CONTAINMENT INTEGRATED LEAK RAT GUIDANCE ON TESTING METHDDS

1. February 26, 1986 J. G. Partlow memo to

References:

2. D. G. Eisenhut

. April 1, 1986 D. G. Eisenhut memo to J. G. Partl i

26,1986 (Ref.1), IE requested a clarificat on By memo dated February

. from NRR on which CILRT computational methods it cons acceptable. By memo dated April 1,1986 However, this (Ref. 2), N clarification.

staff consensus in NRR, RM, !E, RES and theELD to provide a Regions. il 1, memorandum is a . request from the NRC technical staff to legal opinion as to whether the position presented in t

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1986 memo is legally supportable under theC regional existing regu hich This legal opinion is requested becauseidiscussions betw

' inspectors and RES staff have raised" analysis, a question for but as t reference 2 may be used in an inspection report as the bas s accepting a CILRT that passed using a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> " mass poin did not pass when using the " total time" method.NRC i ible.

technical for acceptance would be considered t dpoint and tech ference 2 We would like to have this question reviewed f from a lega be advised whether a sound legal basis exists for th NRC regional in accepting a CILRT. acceptable, this ilegal opinion could t and would inspectors together with reference 2.

positions would be useful generic guidance to the Reg on

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forestall potential challenges to the use offorreference the use of 2.

Your assistance in establishing e proper legal framework reference 2 would be appreciated.orsrtnaldsadW G. A. Ariotto Guy A. Arlotto, DirectorDivision of Engi RESAlpha RE5chron RE'SReading G Crapists of DISTRIBUTION:

Enclosures:

ur References 1 and 2 ? JMicnardson

/RES urn a f.Shao GArlott JRichardson

fkm cc: R. H, Yo11mer G

f/1 86n/ y/ ff86 5

J. G. Partlow DD:DE -

J. Lieberman, ELD c 86 /86 gp