ML20246K999

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Forwards Notice of Final Rulemaking for 10CFR62 to Be Published in Fr.Rule Sets Strict Requirements for Granting Emergency Access
ML20246K999
Person / Time
Issue date: 05/05/1989
From: Beckjord E
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To: Udall M
HOUSE OF REP., INTERIOR & INSULAR AFFAIRS
Shared Package
ML19316F918 List:
References
FRN-52FR47578, RULE-PR-62 AC24-2-48, NUDOCS 8905180213
Download: ML20246K999 (8)


Text

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UNITED STATES -

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The Honorable Morris K. Udall, Chairman Subcommittee on Energy and the Environment Committee.on Interior and Insular Affairs United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

Enclosed for your information is a copy of a notice of final rulemaking for 10 CFR Part 62 to be published in the Federal Register.

This rulemaking implements Section 6 of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (the'Act). Section 6 direc.ts the Nuclear Regulatory Commission (NRC) to grant a generator or State " emergency access" to any.non-Federal commercial LLW disposal facility if access to those facilities' has been denied but is necessary in. order to eliminate a serious and immediate threat to the public health and safety or the common defense'and security. Although the Act does not require NRC to develop a. rule to carry out its Section 6 responsibilities, NRC is proposing this rulemaking to establish the prncedures and criteria that will be used in m,aking the required emergency access decisions.

In developing this final _ rule, NRC has_tried to be consistent with.both the actual text of Section 6 and the Congressional. intent expressed in the legisla-the history and to reflect public comments to the extent possible. The final rule sets strict requirements for granting emergency access, places the burden of demonstrating that there is a need for emergency access on the party request-ing emergency access, and should serve to encourage potential requestors to 1 seek other means for resolving the problems created by lack'of access to LLW disposal facilities. 1 J

Sincerely, Eric S. Beckjord, irector Office of Nuclear Regulatory Research

Enclosure:

As stated l

cc: Ranking Minority Leader 0905100213 890505 i PDR PR P 1

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..... J The Honorable John Breaux, Chairman Subcommittee on Nuclear Regulation . 1 Committee on Environment and Public Works '

United States Senate Washington,'DC 20510 1

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Dear-Mr. Chairman:

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Enclosed for your. information is a copy of a notice of final rulemaking for 10 CFR Part 62 to be published in the Federal Register. ,

This rulemaking implements Section 6 of the' Low-Level' Radioactive Waste Policy i Amendments Act of 1985 (the Act). Section 6 directs the Nuclear Regulatory Commission (NRC) to grant a generator or State " emergency access" to any non- -] l Federal commercial LLW disposal facility if access to those facilities h'as been denied but'is necessary in order to eliminate.a serious and immediate threat to.the public health and safety or the common defense and security.. Although.

the Act does not require NRC to develop a- rule to carry out its Section 6 U responsibilities, NRC is proposing this rulemaking to establish the procedures 1 and criteria that will be used in making the required emergency access i decisions. J In developing this final rule, NRC has tried to be consistent with both the actual text of Section 6 and the Congressional intent expressed in'the legisla - '

tive history and to reflect public comments to the extent possible. The final rule sets strict requirements for grant {ng emergency access,' places the burden of demonstrating that there is a need for emergency access on the party request-ing emergency access, and should serve to= encourage potential requestors to seek other means for resolving the problems created by lack of access to LLW disposal facilities.

Sincerely, D

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Eric 5. Beckjord, '

D rector Office of Nuclear Regulatory Research j

Enclosure:

As stated cc: Senator Alan K. Simpson 1

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The Honorable Philip R. Sharp, Chairman

'l' Subcommittee on Energy and Power Committee on Energy and Commerce ,

United States House of Representatives i Washington,.DC 20515 -)

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Dear Mr. Chairman:

Enclosed for your information is a copy of a notice of final rulemaking for 10 CFR Part 62.to be published in the Federal Register. .)

This rulemaking implements Section 6 of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (the Act). Section 6 directs the Nuclear Regulatory .,

Commission (NRC) to grant a generator or State " emergency access" to any non-Federal commercial LLW disposal facility if access to those facilities ~ has been.

denied but is necessary in order to eliminate a serious'and immediate threat to the public health and safety or the common defense and security. Although the Act does not require NRC to develop a rule to carry out its Section 6-responsibilities, NRC is proposing this rulemaking to establish the procedures and criteria that will be used in making the required emergency access decisions.

In developing this final rule, NRC has tried to be consistent with both the actual text of Section 6 and the Congressional intent expressed in the'legisla-tive history and to reflect public comments to .the extent possible. The final-rule sets strict requirements for granting emergency access, places the burden of demonstrating that there is a need for emergency access on the party request-ing emergency access, and should serve.to encourage potential' requestors to-seek other means for resolving the problems created by. lack of access to LLW disposal facilities.

Sincerely, I S .? a Eric S. Beckjord, irector l

Office of Nuclear Regulatory Research

Enclosure:

As stated cc: Rep. Carlos J. Moorhead l

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The Honorable Mike Synar, Chairman Subcommittee on Environment, Energy and Natural. Resources-Committee on Government Operations United States House of Representatives Washington, DC 20515.

Dear Mr. Chairman:

1 Enclosed for your information is a copy of a notice of final rulemaking for 10 CFR Part 62 to be published in the Federal Register.

This rulemaking implements Sec. tion 6 of the Low-Level Radioactive Waste Policy' Amendments Act of 1985 (the Act). Section 6 directs the Nuclear Regulatory Commission '(NRC) to grant a generator or State emergency access" to any non-Federal commercial LLW disposal facility if access to those facilities has been denied but is necessary in order to eliminate a serious and immediate threat to the public health and safety or the common defense.and security. Although-the Act does not require NRC to develop a rule to carry out its Section 6 responsibilities, NRC is proposing this rulemaking to establish the procedures and criteria that will be used in making the required emergency access i decisions.

l In developing this final rule, NRC has tried to be consistent with both the 9

l actual text of Section 6 and the Congressional intent expressed in the legisla-tive history and to reflect public comments to the extent possible. . The final rule sets strict requirements for granting emergency access, pla:es the burden of demonstrating that there is a need for emergency access on the party request-ing emergency access, and should serve to encourage potential' requestors to i seek other means for resolving the problerts created by lack of access to LLW l disposal facilities.  :

Sincerely, T

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Eric S. Beckjord, irector Office of Nuclear Regulatory Research

Enclosure:

As stated cc: Rep. William F. Clinger, Jr. -

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The Honorable Joseph R. Biden, Jr. , Chairman Committee on Judiciary United States' Senate l Washington, DC 20510 l

Dear Mr. Chairman:

Enclosed for your information is a copy of a notice of final rulemaking'for 10 CFR Part 62 to be published in the Federal Register.

This rulemaking implements Section 6 of the Low-level Radioactive Waste Policy Amendments Act of 1985 (the Act). Section 6 directs the Nuclear Regulatory-Commission (NRC) to grant a generator or State " emergency access" to any-non-Federal commercial-LLW disposal facility if access to those facilities has been denied but is necessary in order to eliminate a serious and immediate threat to the public health and safety or the common defense.and security. Although the Act does not require NRC to develop a rule to carry out its Section 6 responsibilities, NRC is proposing this rulemaking to. establish the procedures _

and criteria that will be used in making the' required emergency access decisions.

In developing this final roN , NRC has tried to be consistent with both the' actual text of Section 6 and the Congressional intent expressed in the.legisla-tive history and to reflect public: comments to the extent possible.- The' final rule sets strict requirements.for granting emergency access, places the burden of demonstrating that there is a .need for emergency access on the party. request-ing emergency access, and should serve to encourage potential requestors'to seek other means for resolving the problems created by lack of access.to LLW 4 disposal facilities.

I Sincerely, P

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Eric S. Beckjord, l'irector Office of Nuclear egulatory Research

Enclosure:

As stated cc: The Honorable Stfom Thurmond 1

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The Honorable Morris K. Udall,' Chairman Subcommittee on Energy and the Environment Committee' on Interior and ' Insular Af f airs United States House of Representatives Washington,-DC' 20515

Dear Mr. Chairman:

Enclosed for your 'information is a copy of a notice of; final rulemaking.for 10 CFR Part 62 to be published in the Federal Register.

This.rulemaking implements Section 6 of the Low-Level Radioactive Waste Policy Amendments'Act of 1985'(the Act). Section 6 directs'the Nuclear Regulatory Commission (NRC) to grant a generator or State " emergency access" to any non ,

Federal commercial LLW disposal facility if access to those facilities has been denied but is necessary in order'to eliminate a' serious and immediate threat to the public health and safety'or.the common defense and security. Although the Act'does not require NRC to develop a ' rule to carry out its Section 6 responsibilities, NRC is proposing this rulemaking to establish the procedures and criteria that will be used in making the ' required emergency, access decisions.

In developing this final rule, NRC has tried to be consistent with both the actual text of Section 6 and the. Congressional' intent expressed in the legisla-tive history and to reflect public comments 'to the extent possible.- The -final.

rule sets strict requirements for granting emergency access, places _ the. burden of demonstrating that there is'a need for emergency access on the party request-ing emergency access, and should serve to encourage potential requestors to-seek other means for resolving the problems created by lack of access to LLW.

disposal facilities.

Sincerely,

3. L Eric S. Beckjord, irector Of fice of Nuclear Regulatory.Research )

Enclosure:

As stated cc: Ranking Minority Leader i

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- _ _ . . _ . _ . _ - - _ _ _ _ _ _ _ . . - _ _ _ . _ _ _ _ _ _ _ _ _ _ . - _ m._ _

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q The Honorable Morris K. Udall, Chairman' Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs.

United States House of Representatives i Washington, DC 20515

'{

Dear Mr. Chairman:

Enclosed for your information is a copy of a notice of final rulemaking for.

10 CFR Part 62 to be published in the Federal Register.

This rulemaking implements Section 6 of the Low-Level Radioactive Waste Policy  ;

Amendments Act of 1985 (the Act). .Section 6 directs the Nuclear Regulatory Commission (NRC) to grant a generator or State " emergency access" to any non-Federal commercial LLW disposal facility if access to those. facilities has'been denied but is necessary in order to eliminate a serious and immediate threat ..

to the public health and safety or.the common defense and security. -Although . l the Act does not require NRC to develop ~ a ruie'to carry out its Section 6 responsibilities, NRC is proposing this rulemaking to establish the procedures and criteria that.will- be.used in making the required emergency access decisions.

l In developing this final rule, NRC has tried to be consistent with both the l actual text of Section 6 and the Congressional intent expressed in' the'legisla-  !

tive history and to reflect public comments to the extent possible. The final rule sets strict requirements for granting emergency access, places the burden <

of demonstrating that there is a need for emergency access on the party request-ing emergency access, and should serve to encourage potential requestors to seek other means for resolving the problems created by lack of access to LLW disposal facilities.

Sincerely, Eric S. Beckjord, Director Office of Nuclear Regulatory Research .;

Enclosure:

As stated 1 cc: Rep. Manuel Lujan, Jr.

OFC: RES/WMB/DE :RES/WMB/DE :RES/WMB/DE :DE/RES :DE/RES :RES :RES l NAME:*JLambert : *DGrill  :*MSilberberg:*RBosnak:*GArlotto:TSpeis :ESBeck

...............................................................__......_...jord ...

l; DATE:9/ /88 :9/ / 88 :9/ /88 :9/ /88 :9/ /88 :9/ /88:9/ /88 .

OFFICIAL REC 6 lid COPY  !

  • See previous concurrence i
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-l The Honorable Morris K. ' Udall, Chairman l

Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

Enclosed for your information is a copy of a notice of final rulemaking for 10 CFR Part 62 to be published in the Federal Register.

This rulemaking implements Section 6 of the' Low-Level Radioactive Waste Policy.

Amendments Act of 1985 (the Act). Section 6 directs the. Nuclear Regulatory Commission (NRC)~to grant a generator or State " emergency access".to any non .

Federal commercial LLW disposal. facility if access to those facilities has been denied but-is necessary in order to eliminate' a. serious and immediate threat .

to the public health and safety or the common defense and security.. Although  !

the Act does not require NRC to develop a rule to carry out its Section 6.

responsibilities, NRC is proposing this rulemaking to establish the procedures and criteria that will be-used in making the required emergency access -

decisions, i In developing this final rule, NRC has tried to be consistent with both the actual text of Section 6 and the Congressional intent expressed in the legisla-l I

tive history and te reflect public comments to the extent possible. The final rule sets strict requirements for granting emergency access, places the burden of demonstrating that there is a need for emergency access on the party request-ing emergency access, and should serve to encourage potential requestors to seek other means for resolving the problems created by lack of access to LLW disposal facilities, i l

j Sincerely, j

' <~2 , ,

, i Eric S. Beckjord, irector  !

Office of Nuclear Regulatory Research

Enclosure:

As stated cc: Rep. Manuel Lujan, Jr.

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