ML20199C752
| ML20199C752 | |
| Person / Time | |
|---|---|
| Issue date: | 11/16/1998 |
| From: | Merrifield J NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20199C723 | List: |
| References | |
| SECY-98-225-C, NUDOCS 9901190105 | |
| Download: ML20199C752 (2) | |
Text
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NOTATION VOTE RESPONSE SHEET
- TO:
-John C. Hoyle, Secretary FROM:
COMMISSIONER MERRIFIELD
SUBJECT:
SECY-98-225 - PROPOSED RULE: 10 CFR PART 63
- DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A PROPOSED GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA" l
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Approved /
Disapproved Abstain
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Not Participating COMMENTS:
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l Commissioner Merritield's Comments on SECY-98-225 I approve publication of the notice of prnoosed rulemaking for 10 CFR Part 63 specific to the proposed geologic repository for higF-level waste at Yucca Mountain, Nevada. I concur with l
Commissioner McGaffigan's " general comments" of March 13.1998, as I believe that now is the appropriate time for NRC to publish its proposed rule for public comment.
Although I found Commissioner McGaffigan's " specific coma. nts" regarding the use of an all-pathways standard compelling. I need to conduct some additional analysis. before I am willing to fully endorse the approach he suggests. Nevertheless, I believe that the 25 millirem approach that is included in the proposed rulemaking is the app.opriate placeholder to be utilized until the Environmental Protection Agency promulgates generally applicable standards.
Finally, I fully concur with Commissioner McGaffigan's comment regarding the " hearing process." I believe that an informal rulemaking process will provide the NRC with a tool for more informed decision making and will ultimately result in the adoption of more well-reasoned l
decisions.
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b UNITED STATES NUCLEAR REGULATORY COMMISSION h
WASHINGTON. D C. 20555-0001 o,
5 January 12,1999 i
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~ SECRETARY MEMORANDUM TO:
William D. Travers -
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Executive Director for Operations (tf *
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FROM:
Annette Vietti-Cook, Secreta wM
SUBJECT:
STAFF REQUIREMENTS - SECY-98-225 - PROPOSED RULE:
10 CFR PART 63 - " DISPOSAL OF HIGH-LEVEL WASTES IN A PROPOSED GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA" The Commission has approved publication of the proposed rulemaking for 10 CFR Part 63, including riskiinformed, performance-based criteria for both pre closure operations and post-closure performance of the proposed geologic repository for high-level waste at Yucca Mountain, Nevada. The specific corrections identified in the attachment should be incorporated in the rulemaking package.
(EDO)
(SECY Suspense:
2/5/99)
While the FRN recognizes NRC's statutory mandate to use EPA standards when they are j
issued, the FRN should make clear the Commission's position that the proposed radiation dose f
standards (1) are protective of the public health and safety and environment and (2) are
- consistent with national and international recommendations for radiation protection standards.
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l The FRN should be revised accordingly.
it appears that proposed section 63.44 applies a 10 CFR 50.59-like change process to the entire,
l-contents of the license application rather than only the Safety Analysis Report (SAR). As a l
result, implementation of the proposed requirements for Commission approval, reporting and L
recordkeeping of certain program changes has the potential to be quite burdensome for both the applicant and regulator. Proposed language for Parts 50,52, and 72 would all suggest that the 50.59-like change process be applied only to the SAR. The staff should modify the FRN to solicit comments on whether the change process should apply only to the SAR.
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. Currently, a proposed rule containing draft language for sections 50.59 and 72.48 (applicable to the storage of spent nuclear fuel), among others, is out for public comment. To be consistent j
with earlier Commission direction on that proposed rule, the staff should include two rule
- language options for proposed section 63.44.' Specifically, the current proposed language for i
section 63,44 should be retained and a second option-language identical or equivalent to that currently prop &1 for 72 48 shou'd be add 4 to encourage public comment on this issue. The staff has the ficxklity to alter the proposed 72.48 tangt. age as time allows prior to issuance of the proposed rule, and subsequently, as needed. To explain the two language option approach.
the FRN should be modified to clearly indicate that the 72.48-equivalent language option is a 7
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template for discussion and that these issues are undergoing staff and Commission review and could undergo modification based on that review or public comments received on either rulemaking. Also, the FRN should recognize that it may be necessary to modify proposed sections 63.44 and 63.46 to eliminate the concept of an "unreviewed safety question' as is being done in the parallel 50.59,72.48 rulemaking.
With regard to human intrusion, the Statements of Consideration indicate that DOE is to assume that the borehole is not adequately sealed. However, section 63.113 is silent on this issue.
These sections need to be made consistent for clarity.
The staff should consider consolidating all the questions soliciting public comment located throughout the FRN into one section for ease of the reader. The questions should not necessarily be removed from their respective subject areas so as to keep them in context.
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Attachment:
As stated
.cc:
Chairman Jackson Commissioner Dicus Commissioner Diaz Commissioner McGaffigan j
Commissioner Mernfield i
OGC ClO CFO OCA OlG OPA Office Directors, Regions, ACRS, ACNW. ASLBP (via E-Mail)
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Specific Corrections to be included in the Rulemaking Package Changes to the FRN 1.
On page 7, paragraph 1, line 8, replace 'pending* with 'new,' and lines 8 and 9 replace
' passed and signed by the President' with ' enacted into law'.
~2.
On page 7, last line, replace ' believes' with toncludes'.
3.
On page 8, line 1, delete 'However' and start the sentence with 'In'. At the end of line 2, add:
However, in the interest of wenness, the Commission wishes to say that, at present, the Commission is inclined to provide for informal hearings for both construction authorization and licensing to receive and possess waste. No statute requires formal hearings in either case; EPA conducted none in certifying the Waste Isolation Pilot Project; and informal hearings allow for both greater efficiency and greater openness.
4.
.On page 13, paragraph 2, line 5, correct the spelling of ' judgment' and insert 'e g.,
defense-in-depth ' after ' judgment'.
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'5.
On page 13, paragraph 2, line 6. delete ' based upon risk insights'.
6.
On page 13, paragraph 2, line 8. insert '(4) provide flexibility to determine how to meet the established performance enteria in a way that voll encourage and reward improved outcomes: and change '(4)' to '(5)'.
On page 16,4* kne from the bottom, insert after ' Mountain.' the phrase 'or if new HLW 7.
legislation is enacted into law,'
8.
On page 17, line 1, insert the following after ' year':
exclusive of the dose contribution from background radiation, medical procedures, and sanitary sewerage disposals.
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9.
On page 17, line 8, insert the following footnote after 'Part 72':
i As a matter of policy, NRC considers 25 mrem TEDE as the appropriate dose limit within the range of potential doses represented by the current 10 CFR
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72.104 limit of 25 mrem (whole body),75 mrem (thyroid dose) and 25 mrem (to any other organ), it it also important to note that the average individual exposure l
in the U.S. from natural background radiation is approximately 300 millirem per year or 3 times the Part 20 public dose limit and 12 times the standard proposed for Yucca Mountain.
10.
On page 17. line 17, insert ' comparable to' after ' area be' i
l 11.
On page 17, at the end of the last line, add.
and for license termination (10 CFR 20.1402). The protection standard is j
consistent with the national and international recommendations for radiation protection (National Council on Radiation Protection and Measurements and 4
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- *e International Commission on Radiological Protection). The final dose limit used in this regulation and the requirement in 10 CFR 20.1101(b) to maintain doses to members of the public that are as low as is reasonably achievable (ALARA) will fully protect the public and the environment.
12.
On page 18, paragraph 1, lines 5 and 11, insert '. excluding background radiation,' after
'sourcest 13.
On page 19, paragraph 1, line 6, insert ', excluding background radiation,' after ' sources'.
14.
On pages 25, 34, and 45, delete the extra blank line in the text 15.
On page 27, paragraph 1, line 10, insert 'or Congress enact new high-level waste legislation into law' after ' Mountain'.
16.
On page 36, paragraph 2, line 3, delete the comma after ' believes'.
17.
On page 39, paragraph 2, line 5, insert ' expected' before ' annual'.
18.
On page 44. paragraph 2, line 8, insert ' expected annual' before ' dose'.
19.
On page 46. in section Xil. lines 13 and 16 delete the comma aftr ' events'.
20.
On page 48. last paragraph. Itne 5 replace ' based' with 'informedi 21.
On page 49. last paragraph, line 7. delete the 's' in ' conducts; 22.
On page 97, paragraph 1, line 2, insert 'only' after ' group'.
23.
On page 148, section 63.113, paragraphs (c) and (d), line 2, place parentheses around the 'b' after ' paragraph'.
Changes to the Press Release 24.
On page 1, parqraph 4, line 1, insert 'of 1992' after 'Act'.
25.
On page 1, paragraph 5, line 2, insert '(NAS) and were to be issued not later than one year after the NAS findings were available to EPA' after ' Sciences'.
26.
Or, page 1, paragraph 5, line 3, insert a new sentence after ' standards' ss follows:
EPA has yet to carry out this direction.
27.
On page 1, paragraph 6 line 3, insert 'or if Congress enacts new high level waste legislation into law' after ' standards'.
28.
On page 2,aragraph (1), line 2, insert ' expected' before 'annuar.
29.
On page 2, paragraph (1), line 5. insert 'all-pathways' after 'mittirem'
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On page 2, paragraph (1), line 6, add the following at the end:
l' The all-pathways limit will consider the dose contnbution from the groundwater
- pathway. It is also important to note that the average individual exposure from Li' natural background radiation in the U.S. is approximately 300 millirem per year.
31.
On page 2, paragraph (2), line 2, insert ' expected' before ' annual'.
32.~
On page 2, paragraph (3), line 3, insert 'all the way to the saturated zone' after
)
' package'.
i 33.
On page 2, paragraph (3), line 4, insert ' expected' before ' annual'.
34.
. On page 2. paragraph (4), line 2, insert ' located beyond the site boundary' after 'public'.
Changes to the Congressional letters 35.
. In paragraph 2, line 9, delete the hyphens in 'nevertheless'.
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