ML20246K018

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Requests Guidance on Arrangements That Must Be Made W/Dod & DOE for Serious & Immediate Threat to Common Defense & Security Determinations Per Requirements in 10CFR62 by 880919
ML20246K018
Person / Time
Issue date: 09/08/1988
From: Arlotto G
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To: Knapp M
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
Shared Package
ML19316F918 List:
References
FRN-52FR47578, RULE-PR-62 AC24-2-40, NUDOCS 8905170228
Download: ML20246K018 (1)


Text

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SEP 8 7333 MEMORANDUM FOR: Malcolm R. Knapp, Director Director of Low-Level Waste Management and Decommissioning, NMSS FROM: Guy A. Arlotto, Director Division of Engineering, RES

SUBJECT:

REQUEST FOR GUIDANCE ON ARRANGEMENTS THAT MUST BE MADE WITH D0D AND DOE FOR " SERIOUS AND IMMEDIATE THREAT TO THE COMMON DEFENSE AND SECURITY" DETERMINATIONS PURSUANT TO REQUIREMENTS IN THE EMERGENCY ACCESS RULEMAKING -

( 10 CFR PART 62)

The new Part 62, " Criteria and Procedures for Granting Emergency Access to Non-Federal and Regional Disposal Facilities" is scheduled to be issued as a final rule in November of 1988. The rule requires that a person requesting emergency access on the basis of a " serious and immediate threat to the common defense and security" must provide NRC with a " Statement of Support" from D0D and or DOE, certifying that such a threat will exist if that person is not granted access to LLW disposal.

Janet Lambert of my staff has discussed possible arrangements for 1 implementing this D0D/D0E certification provision of Part 62 with DOE and D0D I staffs, and the need to decide on these arrangements with various members of l your staff. Before proceeding, however, we need specific guidance from i LLWM/NMSS regarding the level at which any agreement on the arrangements should be made (Commission, EDO, NMSS, LLWM, other), the kind of mechanism ,

that is preferred for establishing the interaction (FOU, interageny agreement,  !

something less formal, etc.) and any other considerations that we should be l aware of in order to facilitate NMSS's implementation of the c' certification of common defense and security provision. We also need a single point of contact within LLWM/NMSS to be designated for this matter.

The Commission has expressed its desire that the required interaction with DOE and D0D be agreed to and in place by the time the rule is issued in November.

In order to meet that deadline, we would like to receive the requested guidance by September 19, 1988. Please coordinate your response with Janet at 23857 or with Dick Grill at 23846.

Guy A. Arlotto, Director Division of Engineering, RES DISTRIBUTION: GArlotto RGrill WM/DE/Subj Circ /Chron l RBosnak JLambert -WMBfDE1Rtig-MSilberberg WMB/Rdg/ Circ WM: Ej WMB:DE WM:DE DE:. ES DES S Q\

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