December 21, 2005 Letter Transmitting the State of Nevada's Supplemental Comment on EPA's proposed Yucca

December 21, 2005SecretaryU.S. Nuclear Regulatory CommissionWashington, D.C. 20555-0001Attention: Rulemaking and Adjudications StaffTo Whom It May Concern:In response to NRC=s Federal Register Notice of September 8, 2005(Federal Register/ Vol. 70, No. 173/ Proposed Rule, Page 53313 B 53320),please find enclosed a Supplemental Comment of the State of Nevada on NRC=sA Implementation of a Dose Standard After 10,000 Years@ (10 CFR Part 63).This Supplemental Comment is in two parts. The first is a copy of aSupplemental Comment submitted to EPA in regard to its Proposed Rule, APublicHealth and Environmental Radiation Protection Standards for Yucca Mountain,Nevada@ 40 CFR Part 197 (70FR161, August 22, 2005), to which the subjectNRC Rule must to be conformed. We recommend this Supplemental Commentfor your consideration because it contains relevant new information notpreviously considered in this rulemaking.And second, in our December 2, 2005 comments to the NRC on itsproposed change to 10 C.F.R. Part 63, @Implementation of a Dose Standard After10,000 Years,@ the State of Nevada called the NRC=s attention to its previousunderstanding of the limits on EPA=s standard-setting authority, citing to 1983and 1990 NRC documents (see Nevada comments at page 10). We should havealso included here a more recent NRC document, dated November 2, 1999, withthe same interpretation. See LSN NRC000013638. This more recent documentis especially relevant because it addresses ...