ML20211C247
| ML20211C247 | |
| Person / Time | |
|---|---|
| Issue date: | 10/10/1986 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Sinderbrand C WISCONSIN, STATE OF |
| Shared Package | |
| ML20211C250 | List: |
| References | |
| RULE-PRM-71-10 NUDOCS 8610210306 | |
| Download: ML20211C247 (2) | |
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UNITED STATES
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.h NUCLEAR REGULATORY COMMISSION 5
,l tVASHING TON, D. C. 20555
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October 10, 1986 Carl A. Sinderbrand, Esquire Assistant Attorney General Department of Justice State of Wisconsin P.O. Box 7857 Madison, WI 53707
Dear Mr. Sinderbrand:
This letter responds to the petition for rulemaking (PRM-71-10), which you submitted to the Nuclear Regulatory Commission (NRC) on behalf of the State of l
Wisconsin in December 1984, requesting that the NRC expand the scope of its regulations pertaining to spent nuclear fuel transport to ensure that both the need for and.the safety and environmental consequences of proposed shipments have been considered in a public forum prior to the approval of the shipment and route.
In support of the petition you cited a number of alleged deficiencies in the transportation regulatory programs of the entire Federal regulatory system and the NRC program in particular.
These alleged deficiencies, as consolidated from the petition, can be described as follows:
1.
No Federal agency considers the safety or environmental risks associated with selected routes; 2.
No Federal agency requires adequate safeguards to protect the public in the event of an accident or other emergency; 3.
The NRC does not regulate the carrier of spent nuclear fuel or consider its safety record; 4.
No Federal agency considers the need for or propriety of individual ship-ments of spent nuclear fuel; and 5.
The public has no opportunity for meaningful participation with respect to the decision to transport spent nuclear fuel.
NRC published a notice of receipt of your petition in the Federal Register on February 4, 1985, 50 FR 4866, and requested comments.
Forty-four comments were received and were provided to you by letters dated April 24, 1985 from J. M. Felton and May 24, 1985 from John Philips.
The NRC has considered the petition and the public comments submitted in support and opposition to it.
For the reasons specified in the enclosed Federal Register Notice, the Commission has found that the justification provided in the petition for the new procedure requested for individual approval of spent nuclear fuel shipments is insufficient for that purpose and that the suggested procedures j
would not significantly serve to improve the protection of the public against 8610210306 861010 PDR PRM 71-10 PDR l
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Mr. Sinderbrand 2
unreasonable risk from the transportation of radioactive materials.
Therefore, your petition is denied.
While denying your petition for rulemaking, the Commission certainly recognizes the concern on the part of Wisconsin and other States about the transportation of spent nuclear fuel and high level radioactive waste.
The transportation of spent nuclear fuel is an issue which will affect many States.
A safe and reli-able spent nuclear fuel transportation system will be an important element for a successful nuclear waste disposal program.
While believing that the existing Federal system provides adequate protection of the public health and safety, the Commission realizes the desire of States for greater participation in the transportation regulation process.
If you desire an additional degree of confidence that spent nuclear fuel is being transported safely within your borders, the Commission suggests that you examine the inspection and escort program of the State of Illinois.
Each spent nuclear fuel shipment traveling in Illinois is inspected by the State's Department of Nuclear Safety to assure that all applicable Federal and State radiation protection requirements are met.
The Illinois State Police inspect and escort trucks carrying these shipments.
The Illinois Commerce Commission inspects rail shipments.
This inspection and escort program provides Illinois with an added measure of assurance that spent nuclear fuel is being transported safely without, it appears, imposing burdensome procedures on licensees and carriers.
i,ce el Samuel J. 1D6fik Secretary of the Commissi
Enclosure:
Federal Register Notice Denying Petition
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