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Requirements Memoranda (SRM) > 2001
> SECY-01-0083
August 3, 2001
MEMORANDUM TO: |
William D. Travers
Executive Director for Operations |
FROM: |
Annette L. Vietti-Cook, Secretary /RA/ |
SUBJECT: |
STAFF REQUIREMENTS - SECY-01-0083 - PROPOSED RULE TO STANDARDIZE
THE PROCESS FOR ALLOWING A LICENSEE TO RELEASE PART OF ITS REACTOR
FACILITY OR SITE FOR UNRESTRICTED USE BEFORE NRC HAS APPROVED ITS
LICENSE TERMINATION PLAN |
The Commission has approved the publication in the Federal Register of
the notice of proposed rulemaking and acknowledged that this rule, if
adopted, will not have a significant impact on a substantial number of
small entities and satisfies the requirements of the Regulatory Flexibility
Act, 5 U.S.C. 605(b).
The Commission encourages the staff to work with stakeholders in developing
clear-cut regulatory guidance and acceptance criteria for reviewing Part
50 partial site release requests involving a co-located independent spent
fuel storage installation (ISFSI).
Section 50.75(g)(4) proposes 4 new record keeping requirements for licensees.
It requires licensees to keep records of: i) the original site boundary;
ii) any acquisition, or use of property outside of the original boundary;
iii) the licensed activities carried out on the property; and iv) documents
associated with a partial site release (site assessment, surveys, etc.).
Only the last item appears to be associated with partial site release.
It is therefore, not clear from the rulemaking package , which licensees
the staff believe should meet these regulations. The proposed rule wording
as written would apply to all licensees. However, the regulatory analysis
associated with the rule appears to indicate that these record keeping
requirements are only required for those licensees that request the release
of a portion of their facility prior to NRC approval of their License
Termination Plan. If it is staff's intention that 50.75(g) apply to all
licensees, then the regulatory analysis should make this clear and include
a description of the associated impacts for all licensees to develop and
maintain all records under the various provisions in 50.75(g)(i) - (iv).
If the new record keeping requirements are intended to apply only to the
subset of licensees requesting partial site release, the staff needs to
explain why those licensees are subject to additional record keeping beyond
those pertaining to partial site release, e.g. acquisition and use of
property.
Section 50.75(g)(4) should be modified to make the record keeping requirements
effective when the rule becomes effective if it applies only to partial
site release facilities.
Prior to public release of SECY-01-0083, the enclosure to attachment
4 should be revised. On page 1, item SRM-R1, sentences 4 and 5 should
be deleted (The U.S. Nuclear Regulatory ... and dose consequences.)
Attachment: Changes to the Federal
Register notice in SECY-01-0083
cc: |
Chairman Meserve
Commissioner Dicus
Commissioner McGaffigan
Commissioner Merrifield
OGC
CFO
OCA
OIG
OPA
Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
PDR |
ATTACHMENT
Changes to the Federal Register Notice in SECY-01-0083
- On page 1, revise line 3 to read ‘ ... unrestricted use before the
NRC approves ....'
- On page 2, last paragraph, line 2, add an ‘s' to ‘ensure'.
- On page 4, last paragraph, revise line 1 to read ‘ ... therefore,
provide adequate greater assurance that ....'
- On page 6, revise line 9 from the top to read ‘ ... should NRC determine
deem surveys and sampling were as being needed, such ....'
- On page 6, delete the last 2 lines (However, the ability ... above
background,) and replace it with ‘However, in light of the variability
in background and the limitation of survey instruments, the approach
would require the definition of some minimum dose or concentration above
mean background against which to compare survey results. Because the
NRC has not established such value, the NRC is no longer considering
the use of background as a release criterion.'
- On page 7, delete lines 1 and 2 and line 3 up to the period (such
as the ... by the NRC.) Revise line 4 to read ‘ ... impacted or non-impacted
will determine remains a criterion for determining
whether the release ....'
- On page 12, last paragraph, revise lines 2 and 3 to read ‘ ... under
Parts 30, 40, and 70 and would apply to the partial release of materials
sites. Section ....'
- On page 13, paragraph 1, revise line 1 to read ‘ ... in a part of
a reactor facility or ....' Revise lines 3 and
4 to read ‘ ... transfer of land, and not reactor
plant operations. The issues would also be This
approach is similar to the treatment of materials licensing issues ....'
- On page 15, revise line 2 from the top to read ‘ ... when it begins
becomes "decommissioning."'
- On page 16, 3rd full paragraph, line 1, delete ‘(4)'.
- On page 19, revise line 12 from the top to read ‘ ... process and
without ensuring that the ....'
- On page 20, last paragraph, revise line 11 to read ‘ ... should NRC
determine deem surveys and sampling were
as being needed, ....' Revise line 13 to read ‘ ... impacted and, therefore,
that do have some ....'
- On page 21, 3rd full paragraph, revise line 2 to read ‘ ... all other
applicable statutory and regulatory ....'
- On page 22, revise item 5. to read ‘ ... adequately clear that when
performing partial site releases and when releasing the entire site
at license termination, licensees must consider
the fact that, when performing partial site releases and when releasing
the entire site at license termination; potential dose contributions
from previous partial releases in must be considered
when demonstrating compliance with ....'
- On page 27, 2nd full paragraph, revise lines 1 and 2 to read ‘ ...
the application of the radiological criteria of the
license termination rule (LTR) [61 FR 39301; July 29, 1996, as amended
at 62 FR 39091 ; (July 21, 1997)]
for partial site ....'
- On page 31, the last line may need to be revise to reflect the final
Part 63 which will be promulgated later this year and supersede Part
60. Conforming changes are also needed throughout the document, such
as on page 32.
- On page 34, revise line 1 to read ‘ ... the areas with some reasonable
potential for residual ....'
- On page 36, revise 50.83(a) to read ‘Prior written
NRC approval is required to ... license termination plan. Section 50.75
specifies recordkeeping requirements associated with partial release.
Nuclear power reactor ....'
- On page 37, revise (vi) to read ‘ ... other applicable statutory
and regulatory requirements ....' [EXM]
- On page 37, revise (3)(b) to read ‘For release of
non-impacted areas, the ....'
- On page 37, revise (c)(1) to read ‘ ... whether the licensee's has
adequately evaluated the effect of releasing the property as required
by (a)(1) proposed release of the property meets all other applicable
regulatory requirements ;
- On page 37, revise (d) to read ‘For release of
impacted areas, the ....'
- On page 38, revise (e)(1) to read ‘ ... whether the licensee's has
adequately evaluated the effect of releasing the property as required
by (a)(1) proposed release of the property meets all other applicable
regulatory requirements
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