ML20215F016
| ML20215F016 | |
| Person / Time | |
|---|---|
| Issue date: | 06/12/1987 |
| From: | Thompson H NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Rehm T NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| REF-PROJ-M-38 NUDOCS 8706220200 | |
| Download: ML20215F016 (3) | |
Text
~
%g me
! NMSS]M Cyde Material 312 W FCty _. ._
FCAF..
File:
MEMORANDUM FOR: Thomas A. Rehm Assistant for Operations Proi m il 1 8 Office of the Executive Director f g rations _
FROM: Hugh L. Thompson, Jr., Director a AA - i Office of Nuclear Material Safety ar d"$ teguarfs
SUBJECT:
DOE DRAFT LEGISLATIVE PROPOSAL ON I 0 RED RETRIEVABLE STORAGE (MRS) FACILITY QteI/;URI10 $$h> m d -
SS 396 ,
We have reviewed the draft legislation proposed by the Department of Energy (DOE) that would authorize construction and operation of a Monitored Retrievabic j Storage (MRS) Facility at the Clinch River site in Roane County, Tennessee. We' recommend the following additions to the proposed legislation: !
- 1. Add a phrase at the end of the last sentence of the first full paragraph-of the Bill to read:
... Volume 1, The Proposal, March 1987, which facility Congress finds to be one within the definition of Sec. 202(3) of the Energy- Reorganization~
Act of 1974 [42 USC 5842(3)]." ,
- 2. Add a SEC. 3 to the Bill to read as follows: -
"SEC. 3. In reviewing the application filed by the Secretary for licensing of the facility, the Nuclear Regulatory Commission may not 1 consider any alternative site for such facility." .j The added language in Item 1 above is to assure the clear intent of Congress, as stated in Sec. 141(d) of the Nuclear Waste Policy Act (NWPA), that any MRS authorized by Congress shall be subject to NRC licensing. The addition of.the proposed Sec. 3 to the Bill is to clarify NEPA responsibilities of ths-Commission. If authorized by Congress, Sec. 141(c)(2) and (d) of the NWPA clearly specify that neither DOE nor NRC shall consider _the need for MRS.-
However, the NWPA is silent concerning NEPA requirements'for evaluation of- .
alternative sites. This might create an anomalous situation if Congress not '
only authorizes MRS but also approves the particular site proposed by DOE.
The MRS proposal submitted to Congress by DOE includes a, proposed limitation that D0E. operation'of the MRS not take place prior to the granting;ofc a construction authorization for the first repository by NRC. As Chairman Zech '
indicated in his April 7 letter to Ben Rusche DOE, on-the DOE' draft Mission Plan Amendment "the basis for the NRC's review of the license application for the repository and the awarding of a' construction authorization will be public health and safety and will not include considerations related to the MRS schedule for receipt of spent fuel."
0706220200 870612 '[
NB PDR ,
Thomas A. Rehm 2 The Draft Bill specifically provides that DOE implement the MRS proposal and prograra plan submitted to Congress in March 1987. The schedule for operation ,
of the MRS in that document indicates that the MRS will begin operation in l 1998. If the Bill is passed in its present form, the schedule for operation /
of the MRS would be codified into law, which could be construed to' limit the Commission's options for reviewing a DOE application for repository construction authorization. To prevent such a possibility, the staff would also suggest amending the Bill to assure that "nothing in this Bill shall affect any independent responsibilities of the Commission to protect the public health and safety under the Atomic Energy Act of 1954" and "nothing in ,
this Bill shall be construed to amend or otherwise detract from the licensing requirements of the Nuclear Regulatory Commission as established in Title II of the Energy Reorganization Act of 1974."
(Signed) Robert la Bemero Hugh L. Thompson, Jr., Director Office of Nuclear Material Safety and Safeguards ;
i cc: T. B. Rothschild (0GC)
O!STRIBUTION ED0 002927 LCRorse FBrown FCMA Central Files Project M-35 4 NMSS E/F ATClark i NMSS Office R/F GTerry ,
TCSil R/F JRoberts i EDO R/F 3r,z by (OM )
BClausser CJenkins VStello f RECunningham W
TRehm EDO ,
DMorris l MBell, WM
- See previous concurrence sheet OFC: FCSB* ~ ~~iWi* :FCMA* :NMS :NMS :
........................................ . .... y p ...............
NAME:LCRouse/as:MBell :RCunningham:RBernero:HT10 ps ,: :
DATE:6/11/87 6/11/87 :6/11/87 :6/11/87 :6/11/87 : :
OFFICIAL RECORD COPY i
r.
I Thomas A. Rehm 2 l 1
The Draft Bill specifically provides that DOE implement the
)
program plan submitted to Congress in March 2987. The schedule foy operation of the MRS in that document indicates that the MRS will begin operation in 1998. If the Bill is passed in its present form, the schedulgefor operation of the MRS would be codified into law, which could be construed to limit the Comission's options for reviewing a DOE application for y/pository construction authorization. To prevent such a possibil ty, the staff would also suggest amending the Bill to assure that "nothing)in this Bill shall affectanyindependentresponsibilitiesoftheCommjssiontoprotectthe public health and safety under the Atomic Energy 'Act of 1954" and "nothing in this Bill shall be construed to amend or otherwjse detract from the licensing requirements of the Nuclear Regulatory Commission as established in Title II of the Energy Reorganization Act of 1974." /'
/
,/
/,/ Hugh L. Thompson, Director Office of Nuclear Material Safety
/ and Safeguards
/
cc:
T. B. Rothschild (OGC)//
DISTRIBUTION EDO 002927 /
LCRouse f
/
FBrown FCMA Central Files / Tclark NMSS R/F ,/ Project M-38 NMSS Office R/F /- GTerry FCSB R/F JRoberts EDO R/F BClausser CJenkins ,
VStello RECunningh m ~
SECY <
TRehm,J 0 )
DMorrit MBell,' WM S. bby, CGc 0FCr FCS, :WM :FCMA S :NMSS : :
. y m ................................
NAME:LCouse/as: Mea}..fL.....
- Ecunrvrigha :RBernero:HThompson:
- l DATE:6/ /) /87 :6////87 :6/g/87 :6/ /87 :6/ /87 : :
0FFICIAL RECORD COPY a