ML19207A343

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Submits,For Transmittal to Pdr,Quarterly Rept Re Petitions for Rulemaking as of 790630
ML19207A343
Person / Time
Issue date: 07/19/1979
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Scott S
NRC OFFICE OF ADMINISTRATION (ADM)
References
RULE-PRM-000 NUDOCS 7908170247
Download: ML19207A343 (17)


Text

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j NUCLEAR REGULATORY COMMISSION 3#c WASHINGTON, D. C. 20555

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JUL 19 7979 MEMORANDUM FOR:

Steve Scott, Accessions Unit, Division of Technical Information and Document Control FROM:

J. M. Felton, Director Division of Rules and Records Office of Administration

SUBJECT:

TRANSMITTAL OF QUARTERLY PETITIONS OF RULEMAKING REPORT Enclosed for transmittal to the Public Document Rocm is the quarterly report on petitions for rulemaking as of June 30, 1979. This report has been prepared in accordance with 10 CFR { 2.802, and a notice will be published in the Federal Register soon announcing its av ilability in the Public Document Room for inspection and copying, s

J.

. Fe ton, Director Division of Rules and Records Office of Administration

Enclosure:

As stated 7908170?47 Se a

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NRC PETITIONS FOR RULEMAKING PENDING FINAL ACTION AS OF JUNE 30, 1979

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Petitlener Action PRM-#

(FR Citation)

Subject i

I PETITIONS COMPLETED LAST QUARTER 20-9 Tech / Ops To amend 520.205(c)(2) to pro-Coments by 7/18/77, Four l

(42 FR 25787, vide lower radiation levels conments were received.

Let-5/11/77) than the current regulation ter sent to the petitioner on in all. cases with the excep-12/5/77 describing measurements tion of devices with a source that meet the regulations in to surface distance in the question.

Received letter 1/3/

range of 2.00 to 4.82 inches.

78'from the petitioner express-i The petitioner contends that ing their needs would be satis-although the surface radiation fied if certain minor points level in this size region is were clarified.

Second letter greater, there is a greater was sent to petitioner on 2/13/

degree of control of whole 78.

The petitioner was not body exposure than is allowed satisfied.

The staff consider-for larger packages under the ed in detail the petition and current regulation.

the coments.

Notice of Denial published in the Federal Reg-ister on 4/13/79.

(44 FR 22232).

q Task Leader:

A. N. Tse, 050.

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71-5 Chem-Nuclear Sys-To limit the amount of infor-Comments by 12/5/77. No comments were received.

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mation required for trans-(42 FR 54475, porters of radioactive mate-of Denial published in the Federal Register on 6/13/79 10/6/77) rial.

(44 FR 33984).

Task Leader:

J. J. Henry, OSD.

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i Petitioner PRM-#

(FR Citation) bulject Action 2-5 of the Army, Secretary of the (con't)

Interior, Secretary of State, and Secretary of Transporta-tion, to adopt rules designed to achieve efficiency in the grant or denial of all li-censes required for the con-struction and operation of nuclear power facilities.

I rescribe time periods Comments by 4/6/79.

No -

2-6 Eckert, Seamans, To p' completion of licensing comments have been received.

for Cherin & Mellott (44 FR 6994, review by the Conmission's Task Leader:

M. Fleishman, 2/5/79) staff and Atomic and Licens-OSD.

ing Boards.

2-7 Wells Eddleman To clarify 52.714 to ex-Conments by 4/9/79.

Four (44 FR 8043, plicitly allow a person newly comments have been received.

2/8/79) arrived in the vicinity of a Task Leader:

M. Staenberg, nuclear power plant site to ELD.

petition with good cause to intervene and also an organi-I zation formed after the clo-sing date for intervention petitions.

2-8 Union of Concerned To develop a regulation.that Comments by 8/6/79.

Task Scientists and all proposed regulations be Leader:

Unassigned, SD.

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'c Natural Resources preceded by an advance Ei Defense Council notice of intent and Staff

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6/6/79) treated no diiierentiy from those generated by the public.

Petitioner l

PRM-#

(FR Citation)

Subject Action 7-1 Non Destructive To establish a review board Comen u by 11/13/78.

Four j

Testing Management made up of responsible members lucters of comment have been l

Association of the industry to review all received and are under review (43 FR 41100, pertinent NRC regulations and Task Leader:

J. J. Ilenry, 9/14/78) to clarify positions of the OSD.

industry prior to issuance of ali new regulations.

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l 20-6 Natural Resources To amend radiation protection Coments by 2/12/76.

Sixty Defense Council, standards as they apply to the comments were received.

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maximum permissible whole body six of the 60 coments received were in opposi ion to the pe-t (40 FR 50327, dose equivalent for occupa-10/29/7'5) tional exposure.

tition.

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petition was submitted by the NRDC on 11/4/77 prior to Com-mission decision.

The NRDC supplement requested consider-ation of recent epidemiological studies.

This issue wil. prob-1 ably be included in the hearing I

on occupational radiation pro-tection to be jointly sponsored by EPA, NRC, and OSHA.

Task

-j Leader:

J. M. Bell, OSD.

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Petitioner l

PRM-#

(FR Citation)

Subject Action 20-13 Victor E. Anderson To require that health physi-Comments by 4/30/79.

Fifty-(44 FR 11284, cists be certified by the six comments received as of 2/28/79)

Commission.

6/20/79.

Task Leader:

J. M.

Bell, OSD.

i 30.55 State of New Jersey, To establish criteria to quan-Comments by 10/11/77.

Six Department of Envi-tify the ALARA emission reduc-comments were received.

Task romental Protection tion policy for major facili-Leader:

L. Battist, OSD.

(42 FR 40791, ties using byproduct materials 8/11/77) from manmade fission reactions, etc.

I l

l 30-56 Gulf Nuclear, Inc.

To divide the NRC into two en-Comments by 6/16/79.

Task (44 FR 28896, 5/17/

tities, one area dealing with Leader:

J. Henry, OSD.

79) power reactors, etc. and any area that deals with fissile material; the second area would deal with byproduct materials.

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Petitioner i

PRM-#

(FR Citation)

Subject Action i

extend the comment period to 40-21 (cont) 9/26/79.

Public hearings on l

GEIS and proposed regulation changes to be held in 9/79.

i Leader:

11. Miller,. NMSS.

50-10 State of New Jersey To amend requirements in Ap-Comments by 7/5/74.

Six com-(39 FR 15900, 5/6/

pendix.E to apply to Commis-ments were received Original

74) and Nuclear sion licensees who are not petuion had four parts.

The 1

Energy Council (39 oti:erwise subject to Appendix fi c part, on reactor person-FR 25535, 7/11/74)

E and who receive, store, nel qualification, has been possess, and/or distribute withdrawn by the petitioner.

large quantities of radioac-The second part. on health phys-tive materials; to consider ics personnel, was satisfied.

Class 9 accidents for new or by regulatory guides (petition-i novel sites or reactors.

er agrees).

An amendment to Part 70 was published on 6/27/

75, which resolved another part of the petition.

Petitioner agreed that action on the-fourth pert, Class 9 accidents, should await completion of the liquid pathways study.

Task Leader:

Unassigned, 050.

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i Petitioner l

PRM-#

(FR Citation)

Subject Action 1

50-10 (cont) 4 i

i 50-17 Bost'on Edison Com-To amend Parts 2 and 50 with Comments by 8/13/76.

Eleven pany, et al. (41 respect to the issuance of comment letters received.

FR 24006, 6/14/76) amendments to operating li-Task placed in " hold" status censes for production and on 2/3/78 pending action on utilization facilities.

Spe-proposed legislation, " Nuclear cial criteria for determining Siting and Licensing Act of when a proposed amendment to 1978."

Task was reactivated j

an operating license involves.

on 11/28/78.

Task Leader:

l no "significant hazards con-W. E. Campbell, OSD.

siderations" and may bc is-sued without prior public no-i tice and a hearing.

,l

,O

?:

c-LO Petitioner PRM-#

(FR Citation)

Subject Action 50-20 Free Enviroment, To amend 10 CFR Part 50 be-Comments by 7/18/77.

Three Inc., et al.

fore pro weding with any pro-comments were received.

Items (42 FR 25785, cessing of licence applica-(1) through (3) were incorpor-5/19/77) tions for the Central lowa ated with action on PRM-50-19.

Nuclear Project to require Item (3) denial was published i

that (1) nuclear reactors 2/2/78 (43 FR 4466).

Items (1) be located below ground level; and (2) denial was published j

(2) nuclear reactors be housed 4/19/78 (43 FR 16556).

Item i

in sealed buildings, within (4) is related to PRM-100-2.

which permanent heavy vacuums An approach on that item will are maintained; (3) a full-be detennined by comon deci-l time Federal employee with sion on PRM-100-2, work is full authority to order the presently suspenr%d awaiting plant to be shut down in. case Siting Policy Task Force re-of any operational abno.mality port (5/15/79) and follow-on always be present in a nuclear Conmission action.

PRM-50-20 generating station; and (4)

Item (4) 5:fil be rescheduled che Central Iowa Nuclear following Conmission decision Froj ect and other reactors on PRM-100-2.

Task Leader:

ba sited at least 40 miles F. Costanzi, OSD.

fcom major population centers.

50-21 Northern States To include plant security in-Comments by 9/19/77.

Twelve Power Company dnd formation within the defini-comments were received.

Pend-Wisconsin Electric tion of Restricted Data or ing Congressional consideration Power Company National Security Informa-and decision for legislation (42 FR 37458 tion, etc.

to amend the Atomic Energy Act 7/21/77) of 1954, as amended to provide for the protection from un-g authorized disclosure of safe-6 guards information.

Task O

N

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Petitioner Action PRM-#

l'R Citation)

Subject Leader:

L. C. Solem, OSD.

50-21 (cont) 50-22 Public Interest Re-To require plant operators Conments by 10/7/77, extended l

search Group, et al. to post bonds to be held in to 11/4/77, further extended (42 FR 40063, escrow, prior to each plant's to 1/3/78.

Sixty-two letters j

8/8/77) operation to insure that were received conmenting on funds will be available for the petition.

Notice of Par-proper and adequate isolation tial Denial of petition Pub-of radioactive material upon lished in Federal Register each plant's deconmissioning.

6/22/79 (44 FR 36523).

Task leader:

D. F. Harmon, OSD.

50-23 Critical Mass To renew and supplement a pe-Conments by 8/6/79.

Task Energy Project, et tition on evacuation plans Leader:

M. Jamgochian, 050.

i al. (44 FR 32486, submitted to the NRC by PIRG C/6/79) and 30 other citizen groups on August 6,1975.

The NRC j

denied the petition on 6/7/77..

3 51 -1 New England Coali-To amend Table S-3-Sunmary Comments by 3/13/76, extended tion on Nuclear of environmental considera-to 4/26/76.

Ten comments were Pollution tions for uranium fuel cycle received.

Partial denial pub-q (41 FR 2448, and accompanying text.

lished 4/14/78 (43 FR 15613).

Remaining action deferred pend-9 1/16/76) ing a future rulemaking 9ro-

f ceeding to amer.d tk value for y

radon in Table S-3.

Task H

Leader:

J. Axelrad, ELD.

Petitioner i

PRM-#

(FR Citation)

Subject Action l

l 51 -4 Boston Edison Com-To limit the scope of the en--

Coments by 5/8/78.

Eleven pany, et al.

vironmental review conducted coments were received.

Task (43 FR 9542 at the operating license Leader:

S. Lee, OSD.

3/8/78) stage for Section 103 appli-i cants to those matters of en-vironmental significance which have not been resolved in the environmental review l

conducted at the construction permit stage.

70-6 Eberline Instrument To approve air transport of Coments by 10/17/77.

One Corporation calibration or reference comment was received.

To be (42 FR 41675, sources containing not handled in conjunction with a 8/18/77) more than 5 microcuries of rulemaking to implement Pub. L.

plutonium.

94-79 prohibiting air transport of plutonium unless in a crash-j proof container.

The petition will be considered in conjunc-tion with a rulemaking action to be initiated by the staff implementing Public Law 94-79.

l The rulemaking will consider among other things whether, under Public Law 94-97, the Commission may authorize air shipment of small quantities i

of plutonium'in a package other than an approved container, y

and if so, what regulatory-C i

y requirements should apply to si D)

I I Petitioner PRM-#

(FR Citation)

Subject Action such shipments.

l 70-6 (cont) 71-1 Energy Research To exempt " low specific ac-Coments by 11/25/75.

PRM's and Development tivity material" from the 71-1, 71-2, 71-3 and 71-4 are

{

Administration packaging requirements of being incorporated into a rule-(40 FR 43517, Part 71.

making action scheduled for Commission action in early j

9/22/75) 1979.

This rulemaking action would incorporate internation-ally developed transport & tion I

standards (IAEA) into domestic l

regulations, both NRC and D0T.

The action will identify inconsistencies in the various standards and made them compat-ible.

The rulemaking action l

should satisfy all four petitions, which are similar.

Five coments were received, all are in support of the petition.

Task Leader:

D. R.

Hopkins, OSD.

71-2 American National To exempt " low specific ac-Comments by 6/14/76.

See PRM-

-3 Standards Institute tivity material" from the 71-1.

Two comments were re-9

< Committee N14 packaging requirements of ceived, both are in support of' M

, (41 FR 15920, Part 71.

the petition.

Task Leader:

D. R. Hopkins, OSD.

4/15/76)

G)

. Petitioner PRM-#

(FR Citation)

Subject Action f

71-3 Diagnostics Isotopes To include the radionuclide Comments by 1/14/77.

See PRM -

Corporation lead-201 in Transport Group 71-1.

No comments were (41 FR 50359, IV.

received.

To be handled joint-11/15/76) ly with D0T.

Tack Leader:

D.

j R. Ilopkins, 050.

71-4 Chem-Nuclear Sys-To exempt " low specific ac-Comments by 3/28/77.

See PRM-tems, Inc.

tivity material" from the 71-1.

Two coments were re-(42 FR 5149, packaging requirements of ceived, both are in support I

1/27/77)

Part 71.

of the petition.

Task Leader:

D. R. Ilopkins, OSD.

71-6 Critical Mass Energy To impose the use of special Comments by 1/30/78.

Forty Prc, Ject, et al.

routes for the transportation coments were received.

In-(42 FR 61089, of radioactive materials, formed petitioner on 6/7/78 12/1/77) emergency plans for accidents, that NRC staff is delaying ac-financial responsibility of tion on petition until NRC/ DOT i

licensees for accidents, and special study on package plan for informing drivers of Requirement and Emergency Res-the nature of their cargo.

ponse (requested by Congressman Wirth) is completed in 1979.

Task Leader:

A. N. Tse, OSD.

71-7 Non Destructive To revoke Appendix E, " Quai,

Comments by 8/14/78.

Thirty-Testing Management ity Assurance Criteria for five coments were received.

Association, et al.

Shipping Packages for Radio-On 6/23/78 (43 FR 27174),

(43 FR 25749, active Materials," to 10 CFR date of implementation of the 6/14/78)

Part 71 and delay the effec-QA requirements of 10 CFR Part

%'?5 tive date of implementation 71 was extended from 7/1/78 to l

fi of Appendix E until a hearing 1/1/79.

Task Leader:

R. J.

y

?

1 Petitioner PRM-#

(FR Citation)

Subject Action 71-7 can be conducted.

Doda, OSD.

(cont) 73-2 Wisconsin Electric To eliminate the requirements Comments by 10/17/77.

Five Power Company, et for " pat-down" physical hundred and twenty-five com-al.

(42 FR 46431, search of individuals enter-ments were received.

Letter 9/15/77) ing a protected area.

sent to petitioner 8/1/78 noti-fying of Commission decision l

to delay decision.

Letter sent to petitioner 2/28/79, informing him of the action taken on SECY 79-59 i.e. to l

delay implementation of cer-tain complementary and alter-native measures for protection against the insider threat to 8/79, and thus continues the delay of action on the peti-tion.

Task Leader:

T. Michaels.

73-3 KMC, Inc., et al.

To amend H73.55 to include a Comment by 5/8/78.

Petitioner (43 FR 29635, statement that meeting the notified on 11/6/78 that action 7/10/78) specific requirements normal-petition would be delayed until ly will satisfy the perform-implementation of 573.55 is ance requirements for physi-completed.

Task Leader:

L.

cal protection at nuclear Solem, 050.

power plants.

t).i i

l Petitioner PRM-#

(FR Citation)

Subject Action 100-2 Public Interest To set numerical limits on Comments by 8/30/76. Twelve Research Group, minimum site distance and comments were received.

Peti-i et al. (41 FR maximum population density tioners advised by letter 27141,7/1/76) around nuclear reactor sites.

6/2/77 that role of population density criteria being consid-j ered in context of allied sit-ing subjects.

Status of peti-tion review was sent by letter 3/19/79 to petitioners regard-j ing delay due to review by I

Siting Task Force.

Task Leader:

F. D. Anderson, 050.

150-1 Chem-Nuclear Sys-To eliminate the paragraph Comments by 4/10/78.

No com-

- tems, Inc. (43 FR that provides for persons en-ments were received.

Task j

5442,2/8/78) gaging in activities in non-Leader:

J. J. Henry, OSD.

Agreement States not possess or use radioactive material f

for more than 180 days in any.

l calendar year.

The petition states that this creates ad-ditional paperwork and ex-pense and may in the future limit the performance of services to public utilities.

s!

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