ML20238E018

Forwards Revised Commission Policy Statement Re Petitions for Rulemaking on Disposal of Radwastes Below Regulatory Concern,For Concurrence & Signature.Rev Based on Info Provided by EDO on 860627 & 30

ML20238E018
Person / Time
Issue date:	07/03/1986
From:	Jennifer Davis NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20238E005	List: IA-87-506, Forwards Paper Requesting Commission Approval to Publish Advance Notice of Proposed Rulemaking on Disposal of Radwastes Below Regulatory Concerns,For Concurrence & Signature ML20238E004 ML20238E014 ML20238E018 ML20238E031 ML20238E036 ML20238E044 ML20238E048 ML20238E052
References
FOIA-87-506 NUDOCS 8709140061
Download: ML20238E018 (2)

Text

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Victor Stello, Jr.

MEMORANDUM FOR: .

J Buchanan Executive Director.for Operations J-Philips FROM: John G. Davis, Director F Costanzi R Cunningham Office of Nuclear Material Safety H Denton and Safeguards F Brenneman

SUBJECT:

J Sniezek POLICY STATEMENT REGARDING DISPOSAL OF RADI0 ACTIVE W Schwink i WASTE BELOW REGULATORY. CONCERN K Dragonette Enclosed for your concurrence and signature is the revised Commission paper concerning petitions'for'rulemaking on disposal of radioactive wastes;below regulatory concern. The, paper was originally forwarded by my memorandum dated June 10, 1986. . The paper has been revised based on informal direction from your staf f on June 27 and 30,1986. It also incorporates legal changes provided by your staff from William Olmstead necessary for no legal objection

.from the Office of General Counsel. Earlier versions bad been coordinated closely with' Robert Fonner, DELD but we did not have final Office approval of -

.the final wording in the version forwarded to you.

The' changes directed by your staff concern the administrative procedures for handling the petitions. Our proposal transmitted June 10 included streamlined hybrid procedures for handling 'the petitions based ~on the existing procedures in NUREG/CR-0053, " Regulations Handbook". Our proposal also requested your generic prior approval to expend resources on the petitions instead of' submitting each petition to the " Control of Rulemaking" review process proposals were rejected. Realistically, the only time-saving aspect whichOur remains is for you to issue proposed and final rules instead of the Commission.

We have revised the implementation plan to 1) literally follow the procedures in NUREG/CR-0053, 2) to reference Control of Rulemaking procedures, and 3) reflect review time for reactor waste petitions by the Committee on Review of Generic Requirements. These changes involve significant additional staff resources by requiring analysis and consideration of two sets of public comments.

The changes also extend the expected time to complete action (i.e.,

final rules) from 1 year to 2 years.

I understand that you have directed that Control of Rulemaking procedures be examined to explore simplified procedures or exceptions for Congressionally or Commission mandated rulemakings such as this. You indicated in a recent staff meeting that staff initiated and mandated rulemakings should be handled in a different manner.

wouhdliketorequestthatourproposalsbereconsidered.If Forthis effort now, results in changes the 6-month i

' Congressional mandate can only be met if the paper is promptly forwarded to the

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