ML20249B213
| ML20249B213 | |
| Person / Time | |
|---|---|
| Issue date: | 06/15/1998 |
| From: | Knapp M NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Cyr K NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| NUDOCS 9806220182 | |
| Download: ML20249B213 (4) | |
Text
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June'15, 1998
- ~
. MEMORANDUM TO:
Karen D. Cyr Genertl Counsel s-FROM:
Malcolm R. Knapp, Acting Director [0riginal signed by]
Office of Nuclear Material Safety and Safeguards
SUBJECT:
INCLUSION OF PART 40 IN ANALYSIS OF NEED FOR HEARINGS Recently the Office of Nuclear Material Safety and Safeguards (NMSS) informally asked the Office of the General Counsel (OGC) whether the U.S. Nuclear Regulatory Commission (NRC) can license a U.S. Department of Energy (DOE) high-level waste repository under existing law using informal or legislative-style hearing procedures. ' Subsequently, the NMSS informally requested that OGC provide similar advice on hearing proceduras for licensing under 10 CFR Part 70 as well. The purpose of this memorandum is to confirm the foregoing requests, and to ask that OGC further expand the analysis to include uranium recovery facilities covered by 10 CFR Part 40.
As part of the analysis, NMSS would like OGC to assess whether there is a legal obligation to continue to allow Subpart L hearings for uranium recovery facilities. NMSS recognizes that the current regulation provides for such hearings, but is questioning if a change could be made to the regulation (without subjecting uranium recovery facilities to the more complex Subpart G procedures) so that there would be no opportunity for hearing for uranium recovery licensing actions. However, members of the public would continue to have the opportunity to request action through the filing of a 10 CFR 2.206 petition.
A single response to all hearing related questions, for Parts 40,60/63, ahd 70, can be provided.
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June 15, 1998 MEMORANDUM TO: Karen D. Cyr General Counsel l
FROM:
Malcolm R.
cti ctor Office o t
and afeguards i
SUBJECT:
INCLUSION OF PART 40 IN ANALYSIS OF NEED FOR HEARINGS Recently the Office of Nuclear Material Safety and Safeguards (NMSS) informally asked the Office of the General Counsel (OGC) whether the U.S. Nuclear Regulatory Commission (NRC) can license a U.S. Department of Energy (DOE) high-level waste repository under existing law using informal or legislative-style hearing procedures. Subsequently, NMSS informally requested that OGC provide similar advice on hearing procedures for licensing under 10 CFR Part 70 as well. The purpose of this memorandum is to confirm the foregoing requests, and to
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ask that OGC further expand the analysis to include uranium recovery facilities covered l
by 10 CFR Part 40.
As part of the analysis, NMSS would like OGC to assess whether there is a legal obligation to continue to allow Subpart L hearings for uranium recovery facilities. NMSS recognizes that the current regulation provides for such hearings, but is questioning if a change could be made to the regulation (without subjecting uranium recovery facilities to the more complex Subpart G procedures) so that there would be no opportunity for hearing for uranium recovery licensing actions. However, members of the public would continue to have the opportunity to request action through the filing of a 10 CFR 2.206 petition.
A single response to all hearing related questions, for Parts 40,60/63, and 70, can be provided.
cc: J. Callan, EDO H. Thompson, EDO J. Thoma, EDO J. Gray, OGC L. Chandler, OGC S. Treby, OGC W. Reamer, OGC M. Schwartz, OGC CONTACT: J. HolorM., NMSS/DWM (301) 415-7238 I
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MEMORANDUM TO: Karan D. Cyr G2neral Counsel FROM:
Malcolm R. Knapp, Acting Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
INCLUSION OF PART 40 IN ANALYSIS OF NEED FOR H RINGS -
Recently the Office of Nuclear Material Safety and Safeguards (NMSS) informa asked the Office of the General Counsel (OGC) whether the U.S. Nuclear Regulatory C mission (NRC) can license a U.S. Department of Energy (DOE) high-level waste repositorypnder existing law using informal or legislative-style hearing procedures. Subsequently, the)dMSS informally requested that OGC provide similar advice on hearing procedures for li nsing under 10 CFR Part 70 as well. The purpose of this memorandum is to confirm the fo oing requests, and to ask that OGC further expand the analysis to include uranium recove facilities covered -
by 10 CFR Part 40.
As part of the analysis, NMSS would like OGC te assess who r there is a legal obligation to continue to allow Subpart L hearings for uranium recovery fyllities. NMSS recognizes that the current regulation provides for such hearings, but is questjening if a change could be made to the regulation (without subjecting uranium recovery facil' tes to the more complex Subpart G procedures) so that there would be no opportunity for earing for uranium recovery licensing actions.' However, members of the public would co inue to have the opportunity to request action through the filing of a 10 CFR 2.206 petitio A single response to all hearing related questi s, for Parts 40, 60/63, and 70, can be provided.
cc: _ J. Callan, EDO H. Thompson, EDO J. Thoma, EDO
. J. Gray, OGC L. Chandler, OGC
- S. Treby, OGC W. Reamer, OGC M. Schwartz, OGC CONTACT: J. Holoni, NMSS/DWM (301) 4 -7238 DISTRIBUTI FILE CENTER PUBLIC NMSS r#
URB r/f CNWRA BSpitzber IV ACNW DWM r/f MFederline Dir.Off.r/f '
CAbrams MLayton WFord JPark JMarshall JLambert DGillen
- DOCUMENT NAME: S:\\DWM\\ URB \\JJH\\ HEARING.MRK
' *See previous concurrence OFC' URB
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'JGreeves MKnapp DATE 6/11/98
~ 6/11/98 6/ /98 OFFICIAL RECORD COPY
MEMORANDUM TO: Karsn D, Cyr G:nertl Counsel FROM:
_ Malco;/n R. Knapp, Acting Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
INCLUSION OF PART 40 IN ANALYSIS OF NEED FOR HEARINGS Recently the Office of Nuclear Material Safety and Safeguards (NMSS) informally asked the Office of the General Counsel (OGC) whether the U.S. Nuclear Regulatory Commission (NRC) can license a U.S. Department of Energy (DOE) high-level waste repository under existing law using informal or legislative-style hearing procedures. Subsequently, NMSS informally requested that OGC provide similar advice on hearing procedures for licensing under 10 CFR -
Part 70 as well.: The purpose of this memorandum is to confirm the foregoing requests, and to ask that OGC further expand the analysis to include uranium recovery facilities covered by 10 CFR Part 40.
As part of the analysis, NMSS would like OGC to assess whether there is a legal obligation to continue to allow Subpart L hearings for uranium recovery facilities. NMSS recognizes that the
- current regulation provides for such hearings, but is questioning if a change could be made to the regulation (without subjecting uranium recovery facilities to the more complex Subpart G procedures) so that there would be no opportunity for hearing for uranium recovery licensing actions. However, members of the public would continue to have the opportunity to request action through the filing of a 10 CFR 2.206 petition.
A single response to all hearing related questions, for Parts 40,60/63, and 70, can be provided.
l
' cc: J. Callan, EDO H. Thompson, EDO i
J. Thoma, EDO -
J. Gray, OGC L. Chandler, OGC S.Treby, OGC W. Reamer, OGC i
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M. Schwartz, OGC l
CONTACT: J. Holonich, NMSS/DWM (301) 415-7238-p DISTRIBUTION' FILE CENTER PUBLIC NMSS r/f URB r/f CNWkA BSpitzberg/RIV ACNW DWM r/f MFederline Dir.Off.r/f CAbrams MLayton WFord JPark JMarshall JLambert DGillen DOCUMENT NAME: S:\\DWM\\ URB \\JJH\\ HEARING.MRK
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