ML20196B645

Affirmation Vote Approving with Comments & edits,SECY-98-237 Procedures Applicable to Proceedings for Issuance of Licenses for Receipt of High Level Radwaste at Geologic Repository

ML20196B645
Person / Time
Issue date:	11/12/1998
From:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
To:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20196B643	List: ML20196B638 ML20196B645 ML20196B650 ML20196B656 ML20196B670 ML20196B693
References
FRN-63FR71729 AF88-2-021, AF88-2-21, SECY-98-237-C, NUDOCS 9812010156
Download: ML20196B645 (8)

Text

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I A F F I R M A T I O N VOTE RESPONSE SHEET TO: John C. Hoyle, Secretary FROM: CHAIRMAN JACKSON

SUBJECT:

SECY-98-237 - FINAL RULE, PART 2, SUBPART J,

" PROCEDURES APPLICABLE TO PROCEEDINGS FOR THE ISSUANCE OF LICENSES FOR THE RECEIPT OF HIGH- i LEVEL RADIOACTIVE WASTE AT A GEOLOGIC REPOSITORY" w/ the attached comments and edits Approved . Disapproved Abstain j Not Participating COMMENTS: l l

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l SIGNATURE '

November 12, 1998 1

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Entered on "AS" Yes No 9812010156 981124 i PDR COMMS NRCC l@ ,, , -_ .' ..CO,RRESPONDENCE PDR 1

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CHAIRMAN JACKSON'S COMMENTS ON  ;

SECY-98-237 1

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I approve the final rule (10 C.F.R. Part 2, Subpart J) on procedures applicable to proceedings for l

the issuance of licenses for the receipt of high-level radioactive waste at a geologic repository, and I offer the following comments on a few aspects of the rule. t i

in particular, I feel that the revised definition of documentary material in the final rule is a general improvement over the definition in the proposed rule, because among other matters, it reinstates the phrase, "is likely to lead to the discovery of relevant information," in subpart 4 of the definition, to be consistent with the general paramaters of discovery. See, e.g., Federal Rule of Civil Procedure 26(b)(1). Relative to subpart 4 of the definition, however, I feel that it should I

be clarified to explain to what the information must be r&unt. Therefore, I recommend that P

subpart 4 be revised to read as follows: "(4) any information that is likely to lead to the discovery J

- of information that is relevant to, the licensing of the candidate site for a geologic repository. The  ;

scope of documentary material shall be guided by the topical guidelines in the applicable NRC Regulatory Guide." l I support the retention of the advisory review panel as opposed to an informal users group, in view of the complex issues that will need to be coordinated among the various interested participants in the implementation phase of the rule in a more structured and efficient context.

Likewise, I believe that maintaining the panel membership as currently structured is manageable i without sacrificing representation of the affected entities, particularly since past practice has l j

demonstrated that individual members of the various coalitions have been afforded the I opportunity to attend and participate in the panel meetings.-

Finally, i emphasize my support of a separate rulemak'ing to amend 10 C.F.R. 2.715, the regulation on participation by a person not a party, to ensure that this rule is clearly inclusive of

. federally recognized Native American tribal governments.

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l* 9 Vegas, Reno, Carson City, Nye County, and Lincoln County. DOE requests that the rule be clarified to specify which of these locations are the responsibility of DOE and which are NRC's.

j Response: The best options for providing the required public access to the LSN will need to be explored by DOE and NRC in consultation with the Advisory Review Panelin the L

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implementa1io The NRC position on maintaining Local Public Document Rooms will be changing because of the future planned availability of all agency documents via the Intemet accessible from a personal computer from home, office, or a public library. NRC does not l believe that it is necessary or practical to add further detail to this portion of the rule at this time.

Comment The DOE states that S 2.1007(c) appears to require both NRC and DOE to treat docketed documents as agency documents under the Freedom of Information Act.(FOIA).

DOE finds the phrase "if these documents remain under the custody and control of the agency or organization that identified the documents" to be confusing. DOE proposes a clarification that all documents entered into the docket, other than those submitted by another agency, are NRC l documents for FOIA purposes.

l Response: NRC agrees that the text of S 2.1007(c)is confusing. Furthermore, that text appears to be unnecessary, because S 2.1007(b) states that the regulations of NRC and DOE regarding availability of copies apply to the respective agencies' records. Therefore, proposed S l 2.1007(c) has not been adopted.

Certification of comoliance 4 2.1009(b)

Comment The DOE noted that the proposed rule replaces the six month interval for certifying that the procedural requirements have been met with an unspecified interval "upon order of a duly appointed presiding officer." DOE suggests that a regular and prescribed interval for certification would facilitate the success of the system and proposes a twelve-month period as appropriate.

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29 the 10 CFR Part 2, subpart G, rules of general applicability, except for the following provisions: l

$$ 2.702, 2.703, 2.704, 2.707, 2.711, 2.713, 2.715, 2.715a, 2.717, 2.718, 2.720, 2.721, 2.722, j l

t 2.732, 2.733, 2.734,2.742,2.743, 2.750, 2.751, 2.753, 2.754, 2.755,2.756,2.757, 2.758, 2.759, l 2.760, 2.761, 2.763, 2.770, 2.771, 2.772, 2.780, 2.781, 2.786, 2.788, and 2.790.

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l 3. Section 2.1001 is amended by removing the definitions of ASCll File and LSS l l l Administrator. adding definitions of Electronic docket, Licensina Support Network, LSN l

l Administrator. Pre-license application electronic docket, and_ Topical Guidelines; and revising the definitions of Documentary material, Party,_ Potential party, Pre-license application phase, and Searchable full text, to read as follows:

l @ 2.1001 Definitions.

Documentary material means (1) any information upon which a party, potential party, or interested govemmental participant intends to rely and/or to cite in support of its position in the '

proceeding for a license t,o receive and possess high-level radioactive waste at a geologic L repository operations area pursuant to part 60 of this chapter; (2) any information that is known I

to, and in the possession of, or developed by the party that is relevant to, but does not support, that information or that party's position; (3) all reports and studies, prepared by or on behalf of the potential party, interested governmental participant, or party, including all related " circulated drafts,", relevant to both the license application and the issues set forth in the Topical Guidelines in Regulatory Guide 3.69, regardless of whether they will be relied upon and/or ci

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and (4) any information that is likely to lead to the discovery o(r levant nformatihe scope of documentary material shall be guided by the topical guidelines in the a ficable NRC

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, , i i-1001

31 L provided that a host State, affected unit of local government, or affected Indian Tribe shall file a

' list of contentions in accordance with the provisions of SS 2.1014(a)(2) (ii) and (iii).

l Potential oarty means any person who, during the period before the issuance of the first pre-hearing conference order under @ 2.1021(d), is given access to the Licensing Support Network and who consents to comply with the regulations set forth in subpart J of this part, including the authority of the Pre-License Application Presiding Officer designated pursuant to S 2.1010.

Pre-license aoolication electronic docket means the NRC's electronic information system that receives, distributes, stores, and maintains NRC pre-license application docket materials during the pre-license application phase.

Pre-license aoolication chase means the time period before the license application to receive and possess high-level radioactive waste at a geologic repository operations area is l docketed under 9 2.101(f)(3). For the purpose of this subpart, this period begins 30 days after the date the DOE submits the site recommendation to the President pursuant to section 114(a) of the Nuclear Waste Policy Act of 1982, as amended (42 U.S.C.10134(a)).

l Searchable full text means the electronic indexed entry of a document that allows the l

identification of specific words or groups of words within a text file.

Topical Guidelines means the set of topics set forth in Regulatory Guide 3.69, Topical l

Guidelines for the Licensing Support System, which are intended to serve as guidance on the 1

scope of" documentary material".

4. Section 2.1002 is removed and reserved.

S2.1002 [ Removed]

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(e) A party, potential party, or interested governmental participant who has made available in electronic form all material relevant to any discovery request or who has responded

- to a request for discovery with a response that was complete when made is.under no duty to supplement its response to include information thereafter acquired, except as follows:

19. In 9 2.1019, paragraphs (d), (e), and (i) are revised to read as follows:

2.1019 Depositions.  ;

..... I (d) When the testimony is fully transcribed, the deposition shall be submitted to the deponent for examination and signature unless the deponent is ill or cannot be found or refuses to sign. The officer shall certify the deposition or, if the deposition is not signed by the deponent, shall certify the reasons for the failure to sign, and shall promptly transmit an electronic copy of the deposition to the Secretary of the Commission for entry into the electronic docket.

(e) Where the deposition is to be taken on written questions as authorized under gira spacu 6 2.1018(a)(2) , the party or interested govemmental participant taking the deposition shall electronically serve a copy of the questions, showing each question separately and consecutively numbered, on every other party and interested governmental participant with a i

notice stating the name and address of the person who is to answer them, and the name,

, description, title, and address of the officer before whom they are to be asked. Within ten days after service, any other party or interested govemmental participant may serve cross-questions.

The questions, cross-questions, and answers shall be recorded and signed, and the deposition certified, returned, and transmitted in electronic form to the Secretary of the Commission for entry into the electronic docket as in the case of a deposition on oral examination.

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. 46 (i)(1) After receiving written notice of the deposition under paragraph (a) or paragraph l

(e) of this section, and ten days before the scheduled date of the deposition, the deponent shall submit an electronic index of all documents in his or her possession, relevant to the subject matter of the deposition, including the categories of documents set forth in paragraph (i)(2) of this section, to all parties and interested govemmental participants. The index shall identify l

1 those records which have already been made available electronically. All documents that are ca dfa@

not identical to documents already made available electronicall , whether by reason of subsequent modification or by the addition of notations, shall be treated as separate documents.

I (2) The following materialis excluded from the initial requirements of S 2.1003 to be made available electronically, but is subject to derivative discovery under paragraph (i)(1) of this section-(i) Personalrecords; (ii) Travelvouchers; (iii) Speeches; (iv) Pretirninary drafts; (v) Marginalia.

(3) Subject to paragraph (i)(6) of this section, any party orinterested govemmental j participant may request from the deponent a paper copy of any or all of the documents on the index that have not already been provided electronically.

(4) Subject to paragraph (i)(6) of this section, the deponent shall bring a paper copy of j all documents on theindex that the deposing party or interested governmental participant requests that have not already been provided electronically to an oral deposition conducted i

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The Honorable A President of the oreh ited States Senate Washington, D.C. 20510

Dear Mr. President:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996,5 U.S.C. 801, the U.S. Nuclear Regulatory Commission is submitting final amendments to the Commission's rules in 10 C.F.R. Part 2 regarding Procedures Applicable to Proceedings for the issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository.

The amendments are intended to allow application of technological developments that have occurred after the original rule was adopted in 1989, while achieving the original goals of facilitating the NRC's ability to comply with the schedule for decision on the construction authorization for the repository contained in Section 114(d) of the Nuclear Waste Policy Act, providing for a thorough technical review of the license application, and providing for equitable access to information for the parties to the hearing.

We have determined that this rule is not a " major rule" as defined in 5 U.S.C. 804(2). We have confirmed this determination with the Office of Management and Budget.

Enclosed is a copy of the Final rule that is being transmitted to the Office of the Federal Register for publication. The Regulatory Flexibility Certification is included in the final rule. This final rule will become effective 30 days after it is published in the Federal Reaister.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Final Rule l

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