ML20134F974

Notation Vote Disapproving W/Comments SECY-96-215, Requirements for Shipping Packages Used to Transport Vitrified Wastes Containing Plutonium

ML20134F974
Person / Time
Issue date:	10/18/1996
From:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
To:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
References
SECY-96-215-C, NUDOCS 9611080219
Download: ML20134F974 (2)

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......................o.I RELEASED TO THE PDR.\\

NOTATION yOTE.

RESPONSE SHEET bat 5

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TO, J hn C. Hoyle, Secretary FROM:

CHAIRMAN JACKSON

SUBJECT:

SECY-96-215 - REQUIREMENTS FOR SHIPPING PACKAGES USED TO TRANSPORT VITRIFIED WASTES CONTAINING PLUTONIUM Approved Disapproved XX Abstain Not Participating Request Discussion COMMENTS:

See attached comments.

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SIdNATURE Release Vote

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October 18, 1996 DATE Withhold Vote

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Entered on "AS" Yes XX No 9611080219 961018 PDR COMMS NRCC CORRESPONDENCE PDR C O t l t@

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CHAIRMAN JACKSON'S COMMENTS ON SECY-96-215 I disapprove the staff's recommendation to make and issue a determination under 10 CFR 71.63 (b) (3) regarding canisters 4

containing plutonium-bearing vitrified wastes.

Such a determination could result in an exemption from the requirements of 71.63 (b) for double containment of plutonium shipments and set policy for a large number of plutonium shipments from U.S.

Department of Energy (DOE) facilities.

This policy issue should be addressed through rulemaking.

The staff should deny DOE's request for a determination under 10 CFR 71. 63 (b) (3).

The staff should immediately begin rulemaking on the issue of j

plutonium shipments.

The staff should initially focus on rulemaking that addresses DOE's issue of shipping plutonium-bearing vitrified wastes in single containment packages.

In the longer term, the staff should also address through rulemaking i

whether the technical bases for 10 CFR 71.63 remain valid, or whether a major revision or elimination of portions of 10 CFR 3

71.63 is needed to provide flexibility for current and possible i

future technologies.

In SECY-96-215, the staff does not discuss the reasons for pursuing a determination process over rulemaking.

If the staff has a compelling reason for an urgent Commission decision on DOE's determination request, or a strong basis for not pursuing rulemaking, then the staff should inform the Commission immediately, before starting rulemaking.

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