ML20210R916

Sanitized Version of Recommendation to Approve Publication of Proposed Additions to 10CFR72,including Requirements for Licensing Spent Fuel & High Level Radwaste in Monitored Retrievable Storage Installations

ML20210R916
Person / Time
Issue date:	11/25/1985
From:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20210R905	List: ML20210R901 ML20210R916
References
FOIA-86-107, TASK-RINV, TASK-SE SECY-85-374, SECY-85-374-01, SECY-85-374-1, NUDOCS 8605200116
Download: ML20210R916 (3)

Text

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~4 .<j RULEMAKING ISSUE (Notation Vote)

November 25, 1985 SECY-85-374 For: The Commissioners From: William J. Dircks .

Executive Director for Operations

Subject:

PROPOSED REVISION T0 10 CFR PART 72 ENTITLED, " LICENSING REQUIRE!iENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEA~

FUEL AND HIGH-LEVEL RADI0 ACTIVE WASTE," AND CONFORMING AMENDMENTS TO 10 CFR PARTS 2, 19, 20, 21, 51, 70, 73, 75, AND 150

Purpose:

Obtain Commission approval tp publish for public conraent proposed additions to 10 CFR Part 72 to include requirements for licensing spent fuel and high-level radioactive waste in monitored retrievable storage installations, certain clarifying modifications resulting from licensing experience, and related conforming amendments.

Category:

Summary:

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Contact:

W. R. Pearson, RES 443-7663 e605200116 860401 PDR FOIA ROSOLIE86-107 PDR r ~ ~ ~ -- --

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The Commissioners 3

Background:

On November 12, 1980, the NRC published in the Federal Register (45 FR 74693) a final rule, 10 CFR Part 72, -

covering the storage of spent fuel in an independent spent fuel storage installation (ISFSI). On January 7, 1983, the Nuclear Waste Policy Act (HUPA) was signed into law (Public Law 97-425). The NWPA directed the Department of Energy (DOE) to complete a detailed study of the need for and feasibility of, and to submit to Congress by June 1,1985, a proposal for the construction of an MRS.

DOE has announced that the proposal will be submitted in January 1986. Congress will then determine whether to authorize construction of an MRS. Section 141(d) of the NWPA requires that an IRS be subject to licensing by NRC, if any such facility is authorized by Congress.

Discussion:

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7 The Commissioners 4

Scheduling:  ;

b[ William . Dirc s Executive Director for Operations

Enclosures:

A - Federal Register flotice B - Regulatory Analysis C - Draft Congressional Letter

D - Comparative Text Showing Proposed Revisions to Part 72 E - Public Announcement f

Commissioners' comments or consent should be provided directly l

to the Office of the Secretary by c.o.b. Friday, December 20, l

! 1985.

1 Commission Staff Office comments, if any, should be submitted i to the Commissioners NLT Tuesday, December 10, 1985, with an j information copy to the Office of the Secretary. If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.

DISTRIBUTION:

Commissioners EDO (X;C ELD OPE ACRS OI ASLBP OCA ASLAP

, OIA SECY i ,' OPA REGIONAL OFFICES l

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June 11, 1985 '% , , , , , #,c SECY-85-209 POLICY ISSUE (Notation Vote)

For: The Comissioners From: William J. Dircks Executive Director for Operations

Subject:

ALTERNATIVE APPROACHES FOR IMPLEMENTING THE SH0LLY AMENDMENT ON N0 SIGNIFICANT HAZARDS CONSIDERATIONS Summary: In April 1983, the Commission published two interim final rules adopting standards, criteria and notice procedures for implementing the Sholly Amendment to Section 189 of the Atomic Energy Act of 1954 (as amended). The staff has been preparing a- final rule which considers the public .

coments and makes a few clarifying changes to the present procedures. The staff has been requested to provide alternative approaches to implementation which the Commission may wish t5 consider, since the resources required to administer the current approach have been greater than originally estimated. What follows is a brief outline of three alternatives, s

Background:

Among other things, Public Law 97-415 authorizes issuance of amendments to operating licenses involving no signifi-cant hazards considerations before the conduct of any requested hearing if prior notice of intent to make a no I significant hazards determination is given. The statute required implementing regulations within 90 days of enact- I ment, which establish: (a) standards for determining I whether any amendment to an operating license involves no l significant hazards considerations; (b) criteria for l 1

Contact:

Thomas F. Dorian, OELD , , , , , ,,

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. providing or, in emergency situations, dispensing with prior notice and reasonable opportunity for public comment on such a determination; and (c) procedures for consultation on any such determination with the state in which the facility involved is located. (See SECY-79-660 (December 13,1979); SECY-81-366 TJune 9, 1981); SECY-81-366A (August 28, 1981); SECY-83-16 (Janua ry 13,1983); SECY-83-16A (February 1,1983);

and SECY-83-168 (March 4, 1983)).,

On March 30, 1983, the Commission approved two Federal Register notices, an interim final rule on standards and criteria and an interim final rule on notice and state i consultation procedures. These two rules were published in the Federal Register on April 6, 1983 ((48 FR 14864) and 48 FR 14873)). Both solicited public comments and stated that the Commission would publish a final rule.

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I Scheduling:

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e William J. Dircks .

Executive Director for Operations Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Friday,. June 28, 1985.

Commission Staff Office comments, if any, should be submitted to the Commissioners NLT Friday, June 21, 1985, with an infor-mation copy to the Office of the Secretary. If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.

DISTRIBUTION:

Commissioners OGC OPE OI

- OCA OIA OPA REGIONAL OFFICES l EDO l ELD {

ACRS ASLBP ASLAP i SECY' l i

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