Home > Electronic Reading Room > Document Collections > Commission Documents > Commission Meetings, Slides, Transcripts, Meeting SRMs, and Full Written Explanation for Closed Meetings > 2003 > Meeting SRM M030307

IN RESPONSE, PLEASE
REFER TO: M030307

I. SECY-02-0221 - Final 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⁽¹⁾ approved a final rule amending 10 CFR Parts 2, 20, and 50 to standardize the process for allowing a power reactor licensee to release part of its facility or site for unrestricted use before the NRC approves the license termination plan. The rule also clarifies that the radiological criteria for unrestricted use in 10 CFR Part 20 apply to a partial site release.

Following incorporation of the attached changes, the Federal Register notice should be reviewed by the Rules Review and Directives Branch in the Office of Administration and forwarded to the Office of the Secretary for signature and publication.

Attachment: As stated

Attachment

1. On page 2, last paragraph, line 2, replace "to" with "of".

2. On page 3, 2^nd full paragraph, revise lines 2 and 3 to read ' ... site for unrestricted use or require a licensee to obtain NRC approval of a partial site release.' Revise line 4 to read ' ... requirement to meet guidance as to the release criteria ....'

3. On page 3, last paragraph, revise line 4 to read ' ... license termination, this rule provides that the LTP must ....'

4. On page 4, last paragraph, revise lines 1 and 2 to read 'The strategy for developing t This rulemaking is applicable was to narrow its applicability to power reactor licensees in order to be responsive to current industry needs, while also ....'

5. On page 5, 1^st full paragraph, revise line 5 to read ' ... these cases, because as ....' Revise line 13 to read ' ... adequately justified. If should NRC should determine that ....' Revise line 14 to read ' ... are needed, such surveys and sampling would be ....'

6. On page 10, item 1. comment, revise lines 6 and 7 to read ' ... option to effectively use property , which that does not directly ....'

7. On page 12, last paragraph, revise lines 4 and 5 to read ' ... criteria. Rather, for purposes of partial site release, the focus is on it is clarified that the relevant site area to be considered in demonstrating compliance with 10 CFR 20, Subpart E, is the ....'

8. On page 14, item 4. comment, revise line 3 to read ' ... with 10 CFR Part 20 ....' Revise line 7 to read ' ... outside the scope of the EPA's limits under ....' Revise line 8 to read '... 40 CFR Part 190 ....' In line 11, replace "to" with "on" in both places.

9. On page 14, last paragraph, revise line 3 to read ' ... use in 10 CFR Part 20, ....'

10. On page 15, 1^st full paragraph, line 5, insert a comma after "Consideration". In line 11, insert a period after "standards" and correct the spelling of "previously". In line 16, replace the comma with a period.

11. On page 16, revise line 1 from the top to read ' ... material released at the time from an operating ....' Revise line 2 to read ' ... reinterpret 40 CFR Part ....' In line 3, insert a comma after "(d)". Revise line 7 to read ' ... final rulemaking arise from the voluntary action of the licensee to seek partial site release are voluntary and thus do not ....'

12. On page 17, revise line 2 from the top to read ' ... released, it is no longer ....' Revise line 5 to read ' ... within the scope of the EPA's regulations at 40 CFR ....' Revise line 10 to read ' ... if the EPA regulations had ....' Revise line 11 to read ' ... component, i.e., they were it was intended to ....' Revise line 12 to read ' ... regulations contains no temporal limitation and simply states that the ....' Revise line 16 to read ' ... their the total contribution must be ....'

13. On pages 18 - 20, determine whether item 5. constitutes a criterion or criteria.

14. On page 23, 1^st full paragraph, revise line 3 to read ' ... criterion of 10 CFR Part 20, ....' Revise line 9 to read ' ... authority or a court of ....'

15. On page 24, 1^st full paragraph, revise lines 2 and 3 to read ' ... Commission has approved the development of a proposed rule to address the is currently re-examining its approach for control of solid ....'

16. On page 24, item 8. comment, revise line 1 to read ' ... commented that, after once the Commission ....'

17. On page 24, item 8. response, paragraph 1, revise line 6 to read ' ... stating that these provisions are this criteria is an important in addition providing for ....'

18. On page 25, revise line 1 from the top to read ' ... July 21, 1997] points out that, ....'

19. On page 28, 1^st full paragraph, revise line 6 to read ' ... HSA, but may yield information be as inadequate ....' Revise line 17 to read ' ... need to present the this information obtained in its proper ....'

20. On page 29, revise line 1 from the top to read 'Sections 10 CFR 50.83(c)(2) and 10 CFR 50.83(d)(2) of the ....'

21. On page 29, 1^st full paragraph, revise line 2 to read ' ... areas. Hhowever, licensees ....' Revise line 4 to read ' ... with whether the adequacy of HSAs and the site characterization process are adequate bases to conclude in concluding that there ....'

22. On page 30, 1^st full paragraph, verify that the next to last sentence is consistent #2 on page 8.

23. On page 34, paragraph 2, revise lines 2 and 3 to read ' ... policy statement articulates the NRC's provides a revised policy concerning that the NRC will follow in opening meetings ....'

24. On page 35, item 15. response, revise line 3 to read ' ... any regulations, license conditions, or technical specifications impacted as ....'

25. On page 36, 1^st full paragraph, line 6, underline "Federal Register".

26. On page 36, last paragraph, revise line 6 to read ' ... of 10 CFR Part 20, ....'

27. On page 38, last paragraph, revise line 2 to read ' ... Analysis Report, which that form part of ....'

28. On page 39, revise line 2 from the top to read ' ... of the viability of obtaining requesting NRC ....'

29. On page 39, 1^st full paragraph, revise line 4 to read ' ... the activities that are outside the scope of the NRC's jurisdiction of non-licensed ....' Revise line 5 to read ' ... engaging in such activities which ....' Revise lines 9 and 10 to read ' ... well - such as suspending the license, issuing an order, or suspension, or issuing a demand for ....'

30. On page 40, 4^th full paragraph, revise line 3 to read ' ... specified in Section 50.83(f).'

31. On page 41, paragraph 2, delete the period after the section number to be consistent with the remainder of this section.

32. On page 42, last paragraph, revise line 7 to read ' ... as well as, in for the ....'

33. On page 43, line 1 from the top, use of the word "lower" is not clear.

34. On pages 45, 48 & 49, delete the period after the citations.

35. On page 50, line 5 from the top, clarification is needed on when sampling would be done.

1. Section 201 of the Energy Reorganization Act, 42 U.S.C. Section 5841, provides that action of the Commission shall be determined by a "majority vote of the members present." Commissioner Diaz was not present when this item was affirmed. Accordingly the formal vote of the Commission was 4-0 in favor of the decision. Commissioner Diaz, however, had previously indicated that he would approve this paper and had he been present he would have affirmed his prior vote.

Privacy Policy | Site Disclaimer
Thursday, February 22, 2007