NUREG-0116, Responds to 781030 Telephone Request for Copies of Info Re 1977 Amends to Clean Air Act.Forwards Matl Previously Supplied to EPA,NUREG-0116 & NUREG-0216 & Copy of NRC Decision on Mixed Fuel Cycle.W/Encl NRC Policy Statements
| ML20148Q041 | |
| Person / Time | |
|---|---|
| Issue date: | 11/14/1978 |
| From: | Hironori Peterson NRC OFFICE OF STANDARDS DEVELOPMENT |
| To: | Fowler T ENVIRONMENTAL PROTECTION AGENCY |
| Shared Package | |
| ML20148Q045 | List: |
| References | |
| TASK-ES-725-1, TASK-OS NUDOCS 7811290277 | |
| Download: ML20148Q041 (4) | |
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Central Fi T Minogue MMalsch SD RDG Smith RECunnin?-
SE St(ti3H1 Goller Ruollmer SD ALPHA Purple PDR NOV 141978 RHSB RDG Parsont RHSB Subject Peterson l
l 11r. Ted M. Fowler l
U.S. Environmental Protection Agency Eastern Environmental Radiation Facility P.O. Cox 3009 Montgomery, AL 36109
Dear Mr. Fowler:
This is in response to your October 30, 1978 telephone call which recuested duplicate copies of the information provided to EPA Head-quarters relative to the 1977 hnendments to the Clean Air /!ct.
We have copied the materials previously provided to EPA Hoedquarters and a set is enclosed.
Also enclosed are copies of NUfiEC-0115 and NU' LEG-0216 which update WASH 1248, " Environmental Survey of the Nuclear Fuel Cycle" and a copy of the Comission's decision on the mixed oxida fuel cycle.
If you have any questions on the enclosed caterials, or if we can be of any further assistance, please contact us.
Sincerely, Ofi1GINAL $13:l.~ Fi HARDLDI.I M EASQ.N, M,
Harold T. Peterson Radiological Mealth Standards Branch Office of Standards Development
Enclosures:
See attached page cc: w/cnclosures:
G. Burley, EPA l
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~ THIS DOCUMENT CONTAINS P00E QUAUTY PAGES itote Accession Unit Room 050 Phillips Building 9 Thru:
Program Sunr
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PDR File
[1dditional Info (Siilect one)
(Enter if appropriate)
Proposed Rule (PR)
ACRS itinutes t!o. _
Reg. Guide Relates to Proposed Rule (PiiT,___.
Petition (PRM) ~
Relates to Reg. Guide Effective Rule (tin)
Relates to Petition (PF.M)
Relates to Effective P,ule (RM) ~~"
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Federal ^ :gister i! alice V
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NOV 141978
Enclosures:
1.
letter dated 8/22/77, W. D. Rowe (EPA) to L. V. Gossick 2.
Ietter dated 12/7/77, J. Kastner to W. A. Mills (EPA) and enclosure:
59 page list of research reactor effluent data 3.
letter dated 2/21/78, J. Kastner to W. A. Mills (EPA) with enclosures:
(1) '2/8/78 NRC memo, R. E. Cunningham (NMSS) to J. Ka'stner describing availability of licensee effluent data and NRC licensing procedures (2) list of number of NRC source, byproduct, and special nuclear material licensees by category and 105-page list of institutional b"oroduct licensees.
(3) copies of Non-Uranium Fuel Cycle Special Nuclear Material Licensee Effluent Reports (101 pages) 4.
letter dated 2/22/78, j. Kastner to W. A. Mills (EPA) and enclosures:
(a) 5-page list of medical distributional byproduct licensees (b) 42-page list of byproduct licenses issued to physicians in private practice (c) 13-page list of byproduct broad distributional licensees (d) 6-page. list of byproduct material licenses issued for research and development (e) 5-page list of medical distributional broad licenses (f) 3-page list of uraniuia and plutonium facilities 5.
lett'er. dated 3/7/78 from G. Burley (EPA to J. Kastner) 6.
NUREG-Oll6 7.
NUREG-0216 8.
copy of Commission decision on GESM0,(42 FR 65374, 12/30/77)
,,[
POLICY S TATEMENTS to the final design approval phase. Two turinglicenst concept of standardization announced a nuclear nonproliferation alternative final design approvak for the h.s been acceptable and no changes in policy which called for the indefinite reference system concent are being con.
the definition or use of this concept ap-deferral of domestic commercial repro-templated.
pear to be needed at this time, cessa and recycling of plutonium A. A final design approval ( Alternate
- 4. The re;>l1 cation concept was de-and the commencement of domestic 1), designated FDA/1 which would be:
veloped to serve during the tranrition and international studies of alterna-7 (1) Based on the prehminary design phase of standardization und can con-Live fuel cycles. The Commission sus-on which the preliminary design ap-tinue to play a useful role in that re-pended the G ESM O proceeding in pmval (PDA) was basal except for those gard The concept has been uttHzed but Aprt! and in May announced its inten-necessary chamgen incident to convert- -
.o the extent expected and its need tion to reassess the November 1975 ing a preliminary der'En to a flnal design, appears to be diminishing. No changes poljcy statement and sought public (2) Subject to the Regulatory Ouldes in the definition or use of the concept comment anu the President's views on in effect as of the time the staff positions appear to be needed at this time; how-the appropriate future course for plu-were issued in connection with the re-ever, it is expected that this concept win tonium recycle-related proceedings, view of the PDA. Howeve, this cutof!
evmtually be discontinued, and the Public comments were received in date will not apply in the car.e of new sisff plans to evaluate this concept fur-i h P i fe t's significant safety issues.
ther to determine when this should be ew in ctober. The Cor is-(3) Acceptable for referencing by op.
accomplished.
sion then sought public comment on erating license applicants who have pre.
Tao Commission would oppreciate re-the President's views and on several vloumy referenced the PDA on which the ceiving comments and suggestions by FDA/l is tused, and remain in effect un.
August 4,1977, on (1) the proposed specified alternative courses of action.
til those referencing applications have changes and additional definition of the Comments were received in November.
revulted in the grantMg of operating 11 Commission's standardization program In light of these events and after censes or have beer; maquallfled for good developed by t.he staff and discussed consideration of all the comments re-cause as reference applications. An herein, (2) other matters that might be ceived, the Commission decided at PDA/l may not be referenced by con, considered and implemented in ordct to public meetings in December 1977-
)truction permit applicants after the provida further weeded definition to the (1) To terminate the GESMO pro.
PDA on which it is bued has expired.
C9mmission's standardization program.
ceeding; D. A final design approval (Alternate and (3) other eteps that the Commission (2) To terminate the proceedings on D, designat ' FDA/2. which would be:
might undertakt to further encourage, pending or future plutonium recycle-(1) Based on the prehmirary design standardization.
related license applications, except 8
on which the PDA was bued, except that Comments and suggei.lons should be for-1he appheant maiy mah n' hmited num, sent to the Director, Ofnce of Nuclear' (a) Proceedings on licenses for the g
ber of changm edch M cdden to be Reactor Regulation, rLS. Nuc' lear Itcray fabrication or use of small quantities latory Commission. Washington, of mixed oxide fuel for experimental 20555, in order that they may be q destrabte beyund those incident to con-cotg purposes, and yerting a pnliminxry dtsign to a final ddgn sidered and evaluated in the staff's de-(b) Those portions of proceedings (2) Dubject to all Regulatcry Guides tailed study of the standardization pr which involve only spent fuel storage,
)n effect at the time the FDA/2 rspplica-gram for nuchar power plants. Copies o disposal of existing waste, or decon-tion Is accepted;for docketing, comments received by the Commir,sion, tamination, or decommissioning of ex-(3) Acceptable for wferencing by ap-may be examined at the Commission'ai isting plants; plicants for combined co? *;ruction per-Public Document Room,1717 H Streetg (3) To reexamine the above matters, to and final design noprovals for pur-4NW., Washington, D.C.
after the complet.lon of the ongoing al-ternative fuel cycle studies, now ex-s 4 of issuance of opemmg licensee rom the time of docketing until five pected to take about two years;
/ cars after imuance of the FDA/2.
(4) To publish the draft safeguards' m
supplement to the OESMO document (4) Acceptable for referencing by ap, l licants for operating licenses who have p
42 FR 65334 as a staff technical report; (5) As a consequence of.the above
>reviously refenneed the PDA on which Pubbshed 12/30/77 decisions, to withdraw the November.
t is based, and have conforTned their d
higns to the design for which the it'ED OX10E FUEL 1975 polley statement; and PDA/2 has been Iwued.
(6) To reserve for decision, if it Order arises, the question of whether a facill-l It is the staff's view that the FDA/1 ty such as the Barnwell facility may tan be a useful mr~hanism to permit a Under a November 1975 policy statt, be licensed for experimental and feasi-single review at the OL stage for those ment (40 FR 53056), the Commission y Wposes on a noncommercial facility applications that reiferenced the has been conducting proceedings on basis to investigate processes which PDA on which the PDA/1 was based and
[icensing efforts.* Die staff believm that hus serve to reduce the duplication of n m xed oxide f e OESMO) to de objectives.
termine whether and under what con-note significant tx:nefits can be derived The proceedings affected by this de-ditions uranium and plutenlum might cision are the generic environmental l rom the FDA/2 in that It will permit be recycled from spent !!ght water nu' statement on mixt:1 oxide fuel (Docket haximum utilir.ation of FDAs in both MP and OL applications 3.nd advance clear reactor fuel and, fabricated into No RM-50-5), Allied-General Nuclear oward the gtal of a single wview by fresh mixed oxide fuel on a wide scale.
Services (Barnwell nuclear fuel plant he staff of a facility appticsiten.
Under the same policy statement, the separations fac'11ty, uranium hexa-
, 2. ' Die experience with the tiup11cate Commission has also been processtnt, fluoride facility, and plutonium prod-blant concept df standardhation has applications for the construction, op-uct facility) (Docket Nos. 50-332, 70-
>een favorable and.co thanges in the eration, and modification of facilities 1327, and 70-1821), Exxon Nuclear Co.,
lefinition or use of this concept appear to reprocess spent fuel, fabricate Inc. (Nuclear Fuel Recovery and Recy.
o be needed.
mixed oxide fuel, and perform related cling Center) (Docket No. 50-564),
- 3. The experience with the manufac-functions. The U.S.- Court of Appeals Westinghouse Electric Corp. (recycle for the Second Circuit held that the fuels plant) (Docket No. 70-1432), and Commission could not lastJe such 11-Nuclear Fuel Services, Inc. (West
- Under 20 cru am6(o), 50.3s hte, and censes for commercial-scale activities Valley reprocessing plant) (Docket No.
n a$ dekn until it had completed the OESMO 50-201). This order shall be filed in t cu pc an nrovat tm purponce of taeuanos ofin opems-proceedings. Natural Resoureca De-these dockets and shall be served on lng maa teatauon to yaciacany suumr-
/cnse Council, Inc. v. Nuclear Regula.
all parties of record.
he w=ce at snabinas ennstruc.uon per-fory Commission,539 P. 2d 824 (1976),
Commissioner Oilinsky notea that mne and gemung nennees han-been cert. granted. 430 U.S. 944 (197'{).
he (ensiders the inclusion of item (6)
DI * """3"""" ** * @
On April 7,1977, President Carter. above unnecessary and inappropriate
~
POLICY STATEMENTS in this order, dicates that the program is expected 43 F R 28058 Commissioner Kennedy notes that to be fully operations,1 by the end of Published 6/28/78 he would prefer the use of the term February 1978 and that six of the
" defer" to " terminate" in items (1) highest priority (Category A), generic DOMI5flC UCEN$f AFPt1 CATION $
and (2) above-tasks are currently scheduled for com-Open Meetings end Statement of NeC steff The Commission will shortly publish pletion in fiscal year 1978. One of the a statt.nent of the reasons underlying Category A tasks was completed in De-'
pg" this decision. This statement will in-cember 1977.
The Nuclear Regulatory Cdmmis-clude the separate views of Commis-Interested persons may review the sion's (NRC's) regulations in 10 CFR stoner Kennedy on the above men, report at the NRC's Public Document 2.102 permit applicants to confer in-tioned matter.
Room,1717 H Street NW., Washing.
formally wittr the NRQ technical staff it is so ordered-
- ton, D.C.
The report, idesignated' during reviews of domestic license or NURCO-0410, may be purchased from permit applicaticas. These meetings the National Technical Information have served as an ess.cntial rneans for Service, Springfield, Va. 22161, at the exchange of technical information
$14.50 a copy on or about January 17, and views necessary for the technical 43 FR 1565 1978.
review of appilcationa. For several years other parties or pote.ntial partles Published 1/10/78 to domestic licensing procetdings, as well as members of the general public, PaOGRAM FOR RE50tVTION OF CENttlC ht,ve, upon request. been permitted to 155Uts RitAffD TO NUCttAR POWER attend applicant-NRC technical stsif PLANil
! 43 FR 4294 Published 2/1/78
. meetings aS~ observers. However, the Report to Cer gms Commission's regulations do.not re-quire that others be permitted to Notice is hereby given that in accor.: CAMttA COVitAGE OF NEAtlNOS BEFORE d suc o al dance witn the reporting requirements ATOMIC ~$ATITY AND LKEN54NG SOARO$
gpp} g staf t
of Section 210 of the Energy Reorganly AND ATOMIC SAFETY AND LKIN5MG general practice being followed in this r.ation Act of 1974, as amended, the.
APPEAL BOARD $
regard has never been formally articu-O *"*3 I"*"' I'D ubli ed at ued r ort to Co pr de ch culati n. I al o gress entitigd NRC Program for the~
~ The Nuclear Regulatory Cummission noted that this matter is related to the Resolution of Generic Issues Related has considered requests.from televi-provision fcr increased public partleif to Nuclear Power Plants." The release slon so ons and newspapers to permit pation which was approved by the date is January 1,1978.
the um.d cameras during proceedings Commission during its consideration The Energy Reordanizaban Act of before Atomic Safety and"I.icensing of NURE0 0292 (Denton Report).
1974 was amended by Pub. I4 95-209 Boarps and At4mic' Safety andlicens-
'As a general matter, the Commission on December 12, 1977, to include: a ing AppeS1 Bohd*, In the past'the and staff try to involve concerned citi-l new section 210 as follows:
NRC has permitted cameras to be used zens in any Commission activity in only before and after adjudicatdy ses-which they have expressed an interest.
Unr. sot.ven 84rrry Issors Pan sions and during recesses. The Co*n-All meetings conducted by the NRC Sze. 210. The Commission shall develop.a.
mission has decided that, on a trial technical staff as part of its review of o unNaol e7s etyINua t1Ig to n basis, it will permit the use of televi-a particular domestic license or permit n s alon and still cameras by accredited application (including an application ar reactors and shall take auch action as news media under certain condltions, for an amendment to a lleense or may be necessary to tmplement corrective measures with respect to such issues. Buch Cameras may be used by news media permit) will be open to attendance by plan shall be submitted to the Congress on during hearings and related public all parties or petitioners for leave to or before January 1,1978, and ptsgress re.
proceedings before Atomic Safety and intervene in the case. These meetings ports shall be l#1uded in the annual report Licensing Boards and Atomic Safety are intended by the NRC technical of the Commission thereafter.
1md Licensing Appeal Boards provided staff to facillt3te an exchange of infor-In October 1976, the Commivion dj.
they do not require additional!!ghting mation between the applicant and the rected the NRC staff to devWp the beyond that required for the conduct staff. It is expected that' the NRC generic issues program described in of the proceeding and are stationed at technical staff and the applicant will and im.
a fixed position within the hearing actively participate in the meeting.
the report, and development, has pro.
plementation of the prograrn room throughout the course of the Others may attend as observers. Like-ceeded over the past year, the NRC: proceeding. It will continue to be the wise, when meeting 6 are scheduled be-program, as developed by the staff, is practice of the hearing and appeal tween the staff and other parties or considerably broader than the "Unre.
boards to use Federal or Biate court petitioners, applicants would be per-
~ ~
solved Safety Issues Plan" required by rooms when these facilities,are gall.
mitted to attend only as observers.
section 210. It includes plans for the able and in such casca the policy of The general policy of open meetings resolution of generic environmental those courts in regard to'the use pf described above will admit of orily a f w exceptions, which must be ap-issues, for the development of tr%
caw: ras will be. observed.
psovements in the reactor lleensh J The Cormnission plans to' reassess proved by the Director'of the relevant process, and for consideration of less this policy in about.six months aftet division. For example, some persons conservative design criteria or operat, its henring and appeal boarde hnH may not be permitted to attend m.eet-Ing limitations in areas where present had sufficient experience with'cantera ings where classified or proprietary in-requirements may be unnecessarily re.
coverage to determine whether it can formation (including sensitive safe-be carried out withouts disruption.to guards information) is 1.o be discussed.
strictive or costly, The NRC program described in the the proceeding or unacceptable dis.
The NRC staff will prepare a writt.en report provides for the identification tractior1.to the particlpanth,a summary of the unclassified and non-proprietary portions of such meetings of generic issues, the assignment of and forward the summary to interest-priorities, the development of detailed ed persons unable to attend so that Task Action Plans, projections of
,they will be informed of what tran-dollar an aanpower costs, continuous spired at the meeting. However, at-high level management oversight of tendance will not be limited solely be-task progress, and public disseminare cause preliminary cpirdons,' recom-tion of information related to the mendations,'or advice will be offered tasks as they progress. The report in.