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Re: NRC Licensing Conditions



Small detail:

> The formal answer must be "no". Otherwise a logical non sequitur would be
> implied due to the fact that the authority of the NRC derives from the Code
> of Federal Regulations. 

The "authority" must actually derive from the law. Since NRC writes the CFR it 
could write anything it wants and "derive" its authority with no constraint
otherwise. 

> >Does the NRC have the authority to place a CONDITION on a license that is
> >not directly supported by a specific Federal regulation?
> >
> >If so, what gives them the authority to do this?

I "asks questions" and drags its feet until you "volunteer" to write your own
condition beyond CFR requirements; then they hold you to them as though they
were in the CFR :-)  This is part of the "ratcheting" process that has NRC
chasing "requirements" far beyond what it could get in trying to work through
a rulemaking. 

Regards, Jim 
====================

> >**************************** /^\   /^\ *********************************
> >Tad  Blanchard              /__ \ /___\    NASA-Goddard Space Flt Ctr 
> >Nat'l Health Svc, Inc            O             Greenbelt, Maryland     
> >Sr Health Physics Tech          / \            Phone: 301-286-9157     
> >                               /___\           Fax:   301-286-1618       
> >                  Tad.M.Blanchard.1@GSFC.NASA.gov                   
> >************************************************************************