ML20245E884

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Discusses L Joseth 890417 Telcon on 890301 Memo Re Lightning Rods Containing Source Matl.Contact W/Named Attorneys Suggested for Voicing & Discussion of Objections Concerning Subj Matl
ML20245E884
Person / Time
Issue date: 04/18/1989
From: Joseph Austin
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
Shared Package
ML20245C323 List:
References
FOIA-89-182 NUDOCS 8905020174
Download: ML20245E884 (1)


Text

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UNITED STATES

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NUCLEAR REGULATORY COMMISSION g

WABmNGToN. D. C. 20006 hoeAANDLM FOR:

Note To Files FROM:

John H. Austin, Acting Chief Medical, Academic and commercial Use Safety Branch, IMNS

SUBJECT:

LIGHTNING RODS On April 17, 1989, I received a telephone call from Linda Joseth with a law firm in New York (telephone' number 716-856-0600) that is representing Heary Brothers. Ms. Joseth indicated she was calling me regarding my March 1,'1989 memorandum on 11ghtning rods containing source material.

She asked why Section 40.22 of the regulations did not authorize the manufacture of such products.- I responded that nowhere in Section 40.22 is there mention of manufacturing.

I pointed out that this product would have to come under Section 40.13 whether they are deemed consumer products or industrial products and furthermore, that Section 40.13(c)(9) states: "The exemptions in this paragraph (c) do not authorize the manufacture of any of the products described.

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-Ms. Joseth asked if there were official documents other than the regulations such as Federal Register Notices that I relied on to prepare the March 1,1989 memorandum. 'I indicated that I relied on the regulations and the Office of General Counsel.

I named Stuart Treby and Robert Fonner as the attorneys that concurred on the March 1 memorandum.

Ms. Joseth asked why we did not follow the Administrative Procedures Act and other requirements for amending the regulations and/or revoking a general ifcense.

I responded that that was not the nature of the March 1 memorandum. Ms. Joseth asked if there had been a factual finding that the manufacture of lightning rods containing source material presented a safety hazard.

I indicated that I was unaware of_ a finding one way or another and that.such a finding would be made in the course of a rulemaking and/or review of an application.

Ms. Joseth objected to what she characterized as making up the rules as we go along and the revocation of a general ifcense without prict notice.

I suggested she contact tha above named individuals in OCC and gave her their telephone numbers.

Ms. Joseth indicated that she wnuld be seeking relief from the Circuit Court.

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John H. Austin, Acting Chief Medical, Academic and Commercial Use Safoty Branch, IMPS cc:

Richard E. Cunningham Stukrt A. Treby Robert I-raanaq g

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