ML20246L432
| ML20246L432 | |
| Person / Time | |
|---|---|
| Issue date: | 02/27/1989 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Carr, Roberts, Zech NRC COMMISSION (OCM) |
| Shared Package | |
| ML19316F918 | List: |
| References | |
| FRN-52FR47578, RULE-PR-62 890217-03, AC24-2-51, NUDOCS 8905180316 | |
| Download: ML20246L432 (2) | |
Text
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o UNITED STATES g
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NUCLEAR REGULATORY COMMISSION o
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<j WASHINGTON, D. C. 20655 j
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FEB 2 71999
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i MEMORANDUM FOR: Chairman Zech Commissioner Roberts Commissioner Carr
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Commissioner Rogers j
Commissioner Curtiss j
FROM:
Victor Stello, Jr.
Executive Director for Operations
SUBJECT:
CLOSURE OF THE REMAINING OPEN ITEM IN THE STAFF REQUIREMENTS MEMO FOR THE FINAL RULE - 10 CFR PART 62, " CRITERIA AND PROCEDURES FOR GRANTING EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES" ( M8811238 )
The December 1,1988, staff requirements memo for the final rule for 10 CFR Part 62 directed RES staff "to notify the Commission when a written agreement was reached with the Department of Defense (D0D) and the Department of Energy (DOE) that the appropriate agency would issue a statement of support if the request for emergency access is made on the basis of a threat posed to the common defense and security." The purpose of.this memo is to provide the requested notification and to briefly explain the agreement that has been reached with D0D and DOE.
By the enclosed letters (Enclosures 1 and 2), both D0D and DOE have agreed to cooperate with NRC in implementing the provision of Part 62 which provides for a determination that a LLW generator's activities are vital to the common defense and security. Other features of the agreement established by these letters are: the Office of the Assistant to the Secretary for Defense for i
Atomic Energy (D0D) has agreed to serve as the single point of contact for NRC l
on these matters and will coordinate a response with DOE; D0D and DOE have agreed to provide the assistance we desire without requiring that the arrangement be formalized in a Memorandum of Understanding; D0D and DOE have recognized NRC's need for a response within 12 calendar days in order to meet the 45-day time frame for NRC to make its emergency access decisions as established by the low-Level Radioactive Waste Policy Act Amendments of 1985 (LLRWPAA); and D0D and DOE offered to meet with NRC to discuss a proposed set i
of criteria to be used by the agencies to conduct their reviews.
Contact:
1 I
Janet Lambert, RES X23857 l
8905100316 890505
[tfhM PDR PR d
J 62 52FR47570
- PDR,
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3 2
1 The agreement has been established so that NRC's requests will be t.oordinated through the Offices of the Assistant to the Secretary of Defense for Atomic Energy (D0D) and the Assistant Secretary of Defense Programs (DOE)..While the 1
specific persons identified as contacts may change after the transition to the 1
1 and Troy E. Wade (DOE) primary contact - Dr. Robert Bush Administration, the current contacts'are:
5B6-2177.-
B. Barker (D0D) 695-7936;
.5' icto ell Jr.
Executive Director for Operations
Enclosures:
1.
Letter from D0D to Eric S. Beckjord 2.
Letter from DOE to Eric S. Beckjord cc: SECY OGC Distribution Subj/ Circ /Chron VStello EBeckjord TSpeis GArlotto RBosnak MSilberberg JLambert/
JGreeves CCameron MBridgers WMB Rdg/ Circ EDO r/f RBernero, NMSS RScroggins, CON BShelton EJordan j
Thompson pJ EDOV$
- SEE PREVIOUS CONCURRENCE 4tMB:DE
- WMB:DE
$/D:DE 9:DE RES RES JLambert:eh MSilberberg RBosnak GArlotto TSpeis EBeckjord VStello 2/N/89 2//5/89 2//5/89 2//5/89 2/ /89 2/16/89 2/)'7 89 k' 'v ) p~
99
v L ASSISTANT'TO THE SECRETARY OF DEFENSE i
i W AsHINGTON, DC 20301 3050 ~
d m.me m..vi 6 FEB 1989 Mr..Eric Sc Beckjord Director, Office of Nuclear Regulatory Research U.S. Nuclear Regulatory Commission Washington, DC. 20555-
'l
Dear Mr. Beckjord:
]
The Low' Level Radioactive Waste Policy Amendments Act.of 3
1985 grants'the Nuclear Regulatory Commission.(NRC) the 1
l-authority to grant _ requests for'" emergency access" to non.
Federal or regional low-level waste (LLW) disposal facilities I
(42 USC Section 2021f). ~You adviseLthat generators'of LLW seeking such access, however, will be required to demonstrate the access is. required in order to eliminate an "immediate and:
serious threat to the defense and security,"public health and safety or the common-absent any other. m (including suspension of the~ generator's activities).
The'NRC must respond to the request within 45 calendar days.
In your letter of November 14, 1988 you requested DoD (and' DOE) cooperation and assistance in establishing a strategic importance determination in such instances.
In response to.your request, the Assistant to the Secretary of Defense (Atomic Energy) will serve as the single
~
point of contact within DoD and, by agreement, with-DOE for providing assistance in this: matter.
Following'a-written request from the NRC, this office will consult with DOE and coordinate a response to the NRC, advising your agency of the impact to the. common defense'and security of a particular LLW generator's activities..Our point of contact at the DOE for this purpose will be the Assistant Secretary for Defense Programs.
We are fully aware of the time constraints under l
which the NRC is dealing and will expedite the coordination process associated with the' strategic importance review.
We understand that in order _to meet a statutory timetable, the NRC 3
would appreciate our response in 12 calendar days.
In this respect, any advanced notice of an anticipated request would facilitate our review process.
J It is important to emphasize that our communication in these matters will be with the NRC itself, and not'with
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I Enclosure 'l ijFICCjlIOlId hPP' l
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individual LLW generators.
No Memorandum of Understanding will be required between our two agencies to formalize this arrangement.
Further, our response _would be in the form of a letter providing our assessment.
At your earliest convenience, we can discuss a pro 70 sed set of criteria the DoD/ DOE would employ in reviewing the strategic importance of LLW generator activities.
Sincerely, h
NM bA
,,,, Robert B. Barker cc:
Mr. Hugh L. Thompson, Jr., Director Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Mail Stop 6A4 Washington, DC 20555 H
l Mr. Troy E. Wade II L
Acting Assistant Secretary for Defense Programs (DP-1)
Department of Energy Washington, DC 20585 General Counsel, Department of Defense 1
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D;partm:nt cf En:rgy q
k Washington, DC 20585' DEC 201988 i
Eric S. Beckjord, Director Office of Nuclear Regulatory Research U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Dear Mr. Beckjord:
l We understand that the Nuclear Regulatory Commission's (NRC) authority under Section 6 of the Low-Level Radioactive Waste Policy Act Amendments of 1985 is to grant requests for emergency access to non-Federal low-level waste disposal facilities if the person requesting such access demonstrates that it is necessary to prevent or eliminate a threat to the public health and safety or to the common defense and security.
In response to your November 14, 1988, i
letter, the Department of Energy (DOE) commits to participate with the Department of Defense (D00) in the process of assessing whether a generator's activities are vital to our country's common defense and security to warrant such emergency access.
We have discussed this with staff in the Office of the Assistant to the Secretary for Defense for Atomic Energy, and agree with your recommendation that a single point of contact be designated to coordinate the review of these requests.
In summary, D0D will be the single point of contact for the NRC in making such detenninations with DOE in technical support.
Dr. Barker's staff will contact you directly on this matter.
I 1
Sincerely, k
i Troy E. Wade II l
Acting Assistant Secretary
)
for Defense Programs cc:
Dr. R. Barker i
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