ML20141G913
| ML20141G913 | |
| Person / Time | |
|---|---|
| Issue date: | 05/08/1997 |
| From: | Rogers K NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20141G895 | List: |
| References | |
| SECY-97-046A-C, SECY-97-46A-C, NUDOCS 9705230080 | |
| Download: ML20141G913 (3) | |
Text
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. A F F I_.R M_A T I_^ N V O T._E RESPONSE SHEET TO: John C. Hoyle, Secretary FROM: COMMISSIONER ROGERS
SUBJECT:
SECY-97 -04 6A - FINAL RULE ON RADIOLOGICAL CRITERIA FOR LICENSE TERMINATION sonen ' Abstain Approved col *entf Disapproved Kcet Not Participating Request Discussion COMMENTS: s'ee n rrs v uenT.
ww SIGNATdRE Release Vote / X
/ @t /If7 V DATE Withhol'd Vote / /
Entered on "AS" Yes x No 9705230080 970521 PDR- COMMS NRCC CORRESPONDENCE PDR
4 Commissioner Rogers Comments on SECY-97-046A:
I approve the staff's recommendation to publish a final rule on radiological criteria for license termination in the Federal Recister subject to the following comments:
- 1. Dose criteria,- The staff's recommended criteria for i release of sites radioactivity whichforisunrestricted usefrom distinguishable are that the residual background, (1) would result in a Total Effective Dose Equivalent (TEDE) to the average member of the critical group that does not exceed 25 mres/yr (including the dose from groundwater sources) and (2) has been reduced These to levels that are criteria areas. low as reasonably achievable (ALARA).
consistent with the recommendations of national and international bodies that have been tasked with theMore development of, guidance for radi'ation protection.NCRP No. 116 specifically, they are consistent with ICRP 60,and draft Federa the recommendation of the ACNW.
I believe these criteria are sufficiently restrictive to protect public health and safety with an ample margin.
2.
Separate Groundwater Protection Standard.- The 25 ,
mrem /yr dose criterion and the ALARA principle would apply l to all pathways, including those which involve the use of groundwater. I believe that these criteria will provide l adequate protection of groundwater and are the mosteffect Therefore, I see no reason to include a separate groundwater ,
protection standard in the final rule and support the !
staff's recommendation on that point.
j 4 3. Alternate Site criteria < Section 20.1404 of the proposed final rule provides for the termination of licenses using alternate dose criteria (which would be less restrictive than those of ThisSections 20.1402 should reduce and 20.1403) the need for in certain circumstances.
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' exemptions that was anticipated when the proposed rule was issued for comment. I approve the approach of Section 20.1404 provided that:
(a) The staff seeks Commission approval for each application of Section 20.1404; (b) The staff specifically solicits comment from EPA during the public comment period that would be required under 20.1405; and (c) A requirement for substantive public participation is added to Section 20.1404 which would be similar to the requirement for such participation for license termination under restricted conditions.
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- 4. Public participation _ The proposed rule required the l use of a Site Specific Advisory Board (SSAB) in situations j where a license would be terminated in conjunction with )
restricted use of the site. I believe that in such ;
situations as well as in situations where a license would be terminated using alternate criteria under 20.1404, a SSAB l l
can be a uniquely effective means for obtaining public views on issues concerning termination of the license and For for this gaining community acceptance of the final outcome.
reason I continue to endorse the general concept of establishing an SSAB in those relatively few cases where potential restrictions on site use may be underAlthough I recognize t consideration.
such cases may be such that an SSAB may not always be appropriate, I believe that the performance-based approach in the final rule does not provide sufficient direction on the matter of public participation and the use of SSABs.
Thus, the final rule should include provisions which would assure that in those situations wh'ere public participation is required (i.e. license termination under 20.1403 or 20.1404), the licensee would provide for (1) participation by representatives of a broad cross section of community interests who may be af fected by the decommissioning, (2) an opportunity for a comprehensive, collective discussion of the issues by the participants represented, and (3) a publicly available summary of the results of all auch discussions, including a description of the individual viewpoints of the participants on the issues and the extent ;
of agreement and disagreement among the participants on the )
issues. In addition, the guidance that the staff develops to implement the final rule should address the matter of public participation and, in particular, should include criteria for establishing and using SSABs. The criteria should be such that the expected starting point in providing '
an opportunity for public participation would be an SSAB.
I agree with the
- 5. Agreement State Compatibility Level. i staff's recommendation that the compatibility level be 1 Division 2.
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