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The Commission has approved the staff's rulemaking plan for potential development of a rule to allow entombment as a decommissioning option for power reactors. The Commission has approved publication of the Advance Notice of Proposed Rulemaking (ANPR) in the Federal Register subject to the changes noted in the attachment. Also, the staff should either revise the Federal Register notice to include a more substantial plain language discussion of the issue and options or include in the Federal Register notice a reference to another paper that provides a more in-depth plain language discussion. If the additional paper option is chosen, the paper should be easily retrievable by a member of the public (i.e. on the web) and should be available in a time frame which allows for public review and comment during the comment period allowed for the notice.

The staff should assess the number of licensees that are likely to pursue entombment as a decommissioning option as part of the ANPR. This information should be considered by staff in formulating a recommendation on which option to pursue.

Attachment: Changed to the Federal Register Notice in SECY-01-0099

Attachment

1. On page 4, last paragraph, revise line 2 to read ' ... in termination of the its license.'

2. On page 5, delete the sentence in lines 1 through 3 from the top (This collection of ... source term.)

3. On page 5, 1^st full paragraph, revise line 4 to read ' ... prevent inadvertent intrusion into the containment intruder exposures (e.g., use ....'

4. On page 5, 2^nd full paragraph, revise line 2 to read ' ... depends on the specific ....'

5. On page 5, last paragraph, revise line 6 to read ' ... other site-specific factors, such ....'

6. On page 6, paragraph 1, revise line 9 to read ' ... Part 20, Subpart E. Thus, the , such that ....'

7. On page 7, last paragraph, revise line 1 to read ' ... this option is that in some cases current ....' Revise line 3 to read ' ... flexible in some cases to achieve ....' Revise line 4 to read ' ... regulating by exemption. Also, additional resources would be requested to process the site-specific exemptions for extension of time if ....' Revise lines 6 and 7 to read ' ... health and safety reasons it may require additional resources to process the site-specific exemptions for extension of time. Another disadvantage ....'

8. On page 8, revise lines 3 and 4 from the top to read ' ... over the entombment. For example, Therefore, States and compacts have authority for disposal of LLW , and might may prescribe means ....'

9. On page 8, 2^nd full paragraph, revise line 7 to read ' ... acceptable for restricted or unrestricted release.'

10. On page 9, revise lines 1 and 2 from the top to read ' ... permits flexibility in defining of requirements to meet for a broad variety of possible situations, which . This would result in ....' Revise line 4 to read ' ... than compared to retaining a disposal license, as ....'

11. On page 9, 1^st full paragraph, revise line 5 to read ' ... as in Option 1, is that Option 2 it does ....' Revise line 11 to read ' ... entombment. For example, Therefore, States and compacts have authority for disposal of LLW and might may ....'

12. On page 9, last paragraph, revise lines 2 and 3 to read ' ... characterized as a disposal, rather than ....'

13. On page 10, last paragraph, revise the last 3 lines to read ' ... have ever been entombed, and given the potential source term for a power reactor, setting performance objectives and continuation of an NRC license would permit greater confidence that the dose criteria ....'

14. On page 11, paragraph 1, revise lines 1 through 3 to read ' ... does not terminate the license and may raise questions as to why the radiological dose criteria for license termination alone are not adequate for protecting public health and safety.' Revise lines 7 and 8 to read ' ... disposal facilities, subject to however, DOE's has overall ....'

15. On page 13, paragraph 1, revise line 1 to read ' ... The Thus, the NRC is considering that approval of ....' Revise line 2 to read ' ... entombment be based on a ....'

16. On page 13, combine paragraphs 1 and 2 into a single paragraph.

17. On page 13, last paragraph, delete the comma in line 2. Revise the last 2 lines to read ' ... to occupational workers but these exposures can be maintained within regulatory limits.

18. On page 14, delete the 1^st full paragraph (Alternatively, it may be possible ... classified as LLW.)

19. On page 15, revise D.3 to read ' ... other issues not covered above for an ....'

20. On page 15, item D.4, line 2, move footnote 2 to after 'categories'.

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Thursday, February 22, 2007