ML20246L178

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Forwards Changes to Final Rule for 10CFR62, Criteria & Procedures for Emergency Access to Non-Federal & Regional Low Level Radioactive Waste Disposal Facilities, That Accommodate Both Dod & DOE Preferred Arrangement
ML20246L178
Person / Time
Issue date: 01/19/1989
From: Arlotto G
NRC
To: Beckjord E
NRC
Shared Package
ML19316F918 List:
References
FRN-52FR47578, RULE-PR-62 AC24-2-50, NUDOCS 8905180256
Download: ML20246L178 (1)


Text

[4Q'#2-)5p ec oq'o., UNITED STATES

$2.

["' . p, NUCLEAR REGULATORY COMMISSION

$ j WASHINGT ON, D. C. 20555

\...../

JAN 191999 NOTE T0: E. Beckjord FROM: G. Arlotto ,

SUBJECT:

FINAL RULE FOR 10 CFR PART 62 - CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL RADI0 ACTIVE WASTE DISPOSAL FACILITIES - CHANGES AND CONCURRENCE This rule was affirmed by the Commission on November 23,'1988 and originally was to be published in the FR by the end of 1988. The Commission affirmed knowing that RES staff was negotiating in parallel with 00D'and DOE to obtain their assistance in implementing a provision of the rule which provides for a determination that a generators' activities are vital to the common defense and security. Subsequent to the Commission's affirmation, D0D'and DOE indicated they had a problem with the arrangement for the DOE and D0D interactions as set out in the version that had been affirmed by the Commission. While D00 and DOE agreed to provide the desired assistance and information, they specified that they would respond only to direct communications from NRC rather than from the-LLW generators in need of emergency access.

The enclosed rule contains changes which accommodate the D00 and DOE preferred arrangement. The changes are considered to be "relatively minor" by OGC since the requirements of the rule remain the same and the overall effect is to merely change the point of contact for D0D's and,or DOE's entre into the process that will be established by the rule; As a. result, the changes can be made and do not need to be formally voted on by'the Commissioners. We  !

coordinated the changes with NMSS and OGC, and.Andy Bates in SECY coordinated <

them with the Commissioners' staffs. We received Commission approval for the j changes at COB January 13, 1989. The changes are indicated in the attachment i for your information.

1 Several extensions have been requested to allow staff time to resolve the  :

problem with D00 and DOE and to allow the Commission time to review tha i proposed changes. The final package is currently due to Rules and Records on j J_anua ry 19, 1989. l j

(Note: We believe the problem with D0D and DOE is resolved. A letter agreeing to the desired arrangement was received from DOE' on January 18, 1989, and a ,

similiar letter is expected to be signed at D0D before the new Administration  ;

takes over.)

I 8905100256 090505 PDR PR e

{l h 74M i O

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