Home > Electronic Reading Room > Document Collections > Commission Documents > Staff
Requirements Memoranda (SRM) > 2003
> SECY-03-0009
February 19, 2003
MEMORANDUM TO: |
William D. Travers
Executive Director for Operations |
FROM: |
Annette L. Vietti-Cook, Secretary /RA/ |
SUBJECT: |
STAFF REQUIREMENTS - SECY-03-0009 - DENIAL OF PETITION FOR RULEMAKING
(PRM-63-1) - THE STATE OF NEVADA |
The Commission has approved denial of the petition for rulemaking (PRM-63-1)
submitted by the State of Nevada. The staff should incorporate the changes
to the Federal Register notice and the letter to the petitioner
shown in the attachment.
|
(EDO) |
(SECY Suspense: 2/21/03) |
Attachment: Changes to the Federal Register
notice and the letter to the petitioner
cc: |
Chairman Meserve
Commissioner Dicus
Commissioner Diaz
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 and the Letter
to the Petitioner
Changes to the Federal Register Notice
-
On page 1, paragraph 1, line 3, delete the "s" at the end of "wastes".
In line 11, delete "completely". In the last line delete "and".
-
On page 2, line 1 from the top, delete "recent". In line 2, insert
a comma after "63".
-
On page 3, paragraph 1, revise line 2 to read ' ... Part 63" (Ppetition)
which ...'
-
On page 3, paragraph 2, revise the line to read ' ... petition requests
the following amendments to Part 63 ;
as discussed below.'
-
On page 6, middle of the page, insert a period after "43".
-
On page 7, the next to last paragraph should be single-spaced.
- On page 8, paragraph 1, delete the last sentence (Petitioner's proposed
... deficiencies.) and replace it with the following:
-
Petitioner identifies five basic elements to be added to Part 63:
1) provisions ensuring that geologic isolation is the primary barrier
against the release of radiological contamination to the environment,
2) provisions requiring the submission of an affirmative safety
case, 3) provisions requiring the verification of the lack of materially
adverse or potentially disqualifying conditions for Yucca Mountain
following closure of the repository, and 5) provisions relating
to the provision of "reasonable assurance" of the safety of the
repository. Id. at 39.
-
On page 8, last paragraph, revise lines 6 and 7 to read ' ... at
11 - 18. In particular, petitioner believes that the mandate
in sSection 112(a) requires to
DOE to issue ....' Revise the next to last line to read ' ... seismic
activity...." Petitioner claims that this section obligates the
means that NRC to must
set the same ....'
-
On page 11, paragraph (2), revise the last line to read ' ... reconsider
issues already so recently resolved in
the ....'
-
On page 11, last paragraph, in line 4 replace "Petition" with "Id."
-
On page 12, paragraph (1), line 2, change the quotation mark to be
a closed quotation mark.
-
On page 13, paragraph 1, line 2, insert a comma after "repository".
-
On page 13, paragraph 2, revise line 2 to read ' ... Part 60. (
46 FR 13971 ; (February.
25, 1981).' Revise line 3 to read ' ... ( 48 FR 28194
; (June 21, 1983).' Correct the cite in
line 5 to read ' ... Id. at 28195. (48 FR
28195). '
-
On page 14, 1st full paragraph, revise line 9 to read
' ... isolation performance." Id. at
(48 FR 28196 ).'
-
On page 15, revise the cite in line 1 from the top to read (
64 FR 8640 ; (February.
22, 1999).' Revise line 8 from the top to read ' ... CFR Part 60."
Id. at (64 FR 8641).'
Revise line 9 from the top to read ' ... informed and ,
performance-based ....'
-
On page 15, line 1 after the indented text, correct the cite to read
'Id. at (64 FR 8643 ).'
In line 2, insert a comma after "barriers". Revise lines 3 and 4 to
read ' ... not assess set numerical goals for
the performance of individual those barriers
by establishing numerical goals for the performance of individual
barriers. See Id. at 64
FR 8647-50 - 8650.'
-
On page 16, in the footnote, line 2, remove the parentheses around
the cite. In line 6, revise the cite to read 'Id.
(64 FR 8649 (quotations ....' In the last line, revise
the cite to read 'Id. (64 FR 8649).'
-
On page 18, last paragraph, revise line 1 to read ' ... NWPA do not
demand mandate that NRC ....'
-
On page 19, revise line from the top to read ' ... an inquiry for
which where it ....' Revise line 7 from the
top to read ' ... guidelines. Congress thus had no need
....'
-
On page 19, last paragraph, revise lines 2 and 3 to read ' ... characterization
plan , for site characterization activities at YM,
which shall ....' Revise line 5 to read ' ... Section 113(b)(1)(A)(iv)
; See Petition at ....'
-
On page 20, revise line 1 from the top to read ' ... selection.
On the same theory, petitioner also claims the and
NRC must promulgate ....'
-
On page 20, 1st full paragraph, revise lines 4 and 5 to
read ' ... the YM site. ( 66 FR 57298, 57311-12
57312; (Nov.ember
14, 2001).' Revise the cite in line 11 to read Id. at
(66 FR 57312).
-
On page 21, in the footnote, line 4, replace "Sec." with "§". In
line 5, delete the 3 periods. In line 6, delete both sets of brackets.
In line 10, revise the cite to read '( 46 FR 13971
n.1 ( Feb.ruary
25, 1981), .' In line 13, replace "Sec." with "§".
In line 15, replace "Section" with "§".
-
On page 22, indented text near the top, remove the parentheses around
"b". At the end of the indented text, add a 4th period.
-
On page 22, 1st full paragraph, line 2, delete the comma
after "6".
-
On page 23, paragraph 1, line 6, remove the parentheses around the
cite and insert "at" before "66 FR". In line 10, delete "very". At
the end of the sentence in line 12, start a new paragraph.
-
On page 23, last paragraph, revise the cite on the last 2 lines to
read 'See 66 FR 55739-40 55740; November
2, 2001.'
-
On page 24, revise lines 3 and 4 from the top to read ' ... Subparts
E, K and L." (Id. at 66 FR
55740 ).9'.
-
On page 24, 1st full paragraph, revise line 3 to read
' ... geologic setting ; i.e., (pre-waste-emplacement
....' In line 5, insert a close parenthesis after "years". In the
last line, revise the cite to read 'See 10 CFR 60.113(a)(2).'
-
On page 24, footnote 9, revise the last line to read ' ... public."
( 66 FR 55740. November 2, 2001).'
-
On page 25, after the 1st section of indented text, revise
the cite to read '( 64 FR 8649 ;
(Feb.ruary 22, 1999).'
-
On page 26, revise line 1 from the top to read 'Id./
at ( 64 FR 8650 ; February 22, 1999).'
-
On page 26, revise the cite after the indented text to read '(
66 FR 55759 ; (Nov.ember
2, 2001).'
-
On page 27, 1st full paragraph, line 3, replace "§" with
"10 CFR".
-
On page 28, in line 1 after the 1st section of indented
text, correct the cite to read '( 64 FR 8650 ;
(Feb.ruary 22, 1999).' In line
3, replace the semicolon with a comma.
-
On page 28, line 3 from the bottom, correct the cite to read '(
66 FR 55748 ; (Nov.ember
2, 2001).' In the next to last line, insert a comma after "site".
-
On page 29, revise line 1 after the indented text to read ' ... requirement
is purportedly needed ....'
-
On page 29, footnote 11, revise line 3 to read ' ... in EPA's regulations.
Since tThose regulations ....'
-
On page 30, in line 1 after the 1st section of indented
text, revise the cite to read '( 64 FR 8647 ;
February 22, 1999).' In line 1 after the 2nd section
of indented text, insert a comma after "proposal".
-
On page 31, in line 1 after the indented text, revise the cite to
read '( 66 FR 55760 ; November 2, 2001).'
-
On page 31, 1st full paragraph, line 5, insert a comma
after "disposal". In line 8, replace "§" with "10 CFR". Revise line
10 to read ' ... and longer), such as those
shown in ....'
-
On page 33, in line 1 after the indented text, revise the cite to
read '( 66 FR 55746 ; November 2, 2001).'
-
On page 33, last line, replace "§" with "10 CFR".
-
On page 34, line 7 from the top, replace "§" with "10 CFR".
-
On page 34, 1st full paragraph, line 1, insert a colon
after "DOE". In line 3, insert a comma after "concerns". Revise line
4 to read ' ... repository; provide an evaluation of how
....' Revise line 5 to read ' ... performance; and show
the ....'
-
On page 34, last paragraph, revise the last line to read ' ... risk-informed
and , performance based ....'
-
On page 35, line 3 from the top, replace the semi-colon with a comma.
Changes to the Letter to the Petitioner
-
In paragraph 2, revise line 3 to read ' ... denied because NRC
has we have determined that: (1) the
petition's assertions that Part 63 is not
in full ....' Revise line 4 to read ' ... as amended, and
nor the Atomic ....' Revise line 5 to read ' ...
as amended , are completely without substance ; and
(2) the petition ....' Revise line 6 to read ' ... the Commission
has did not ....' Revise line 7 to read
' ... already considered in the recent rulemaking
that established Part 63, and it would ....' In line 8, replace
"involved" with "resolved".
-
In paragraph 3, revise line 1 to read ' ... notice of denial
of denying the petition ....'
-
In the list of enclosures, revise it to read ' ... Notice of
Denial Denying Petition'
|