U.S. DEPARTMENT OF ENERGY

10 CFR 820/835 - Procedural Rules for

DOE Nuclear Activities and

Occupational Radiation Protection

Notice of Proposed Rulemaking (NOPR)

Docket Number EH-RM-02-835

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PUBLIC HEARING

SEPTEMBER 21, 2006

GERMANTOWN, MARYLAND

REPORTED BY: Robert Shocket

P-R-O-C-E-E-D-I-N-G-S

MR. O\'CONNELL: This is the Public Hearing

of the U.S. Department of Energy, 10 CFR 820,

Procedural Rules for DOE Nuclear Activities, and 10 CFR

835, Occupational Radiation Protection, Notice of

Proposed Rulemaking, Docket Number EH-RM-02-835, Public

Hearing. Today is September 21st, 2006, Germantown,

Maryland.

Good morning and welcome. I am Peter

O\'Connell, a Health Physicist with the Department of

Energy. On behalf of the Department of Energy, I would

like to personally thank you for taking the time to

participate in this public hearing concerning the

proposed nuclear safety and occupational safety

protection rules, particularly those of you who had to

travel to be here.

The purpose of this hearing is to receive

oral testimony from the public on the Department of

Energy\'s Notice of Proposed Rulemaking for proposed

nuclear safety and occupational protection rule 10 CFR

820 and 10 CFR 835. Your comments are not only

appreciated, they are essential in developing a final

rule.

The comments received here today and those

submitted during the written comment period, which ends

on October 10th, 2006, will assist the Department in

the rulemaking process. All written comments must be

received by this due date to ensure consideration by

DOE. The address for sending comments is: Peter

O\'Connell, U.S. Department of Energy, Docket Number

EH-RM-02-835, EH-52, 1000 Independence Avenue,

Southwest, Washington, D.C. 20585-0270.

As the presiding official for this hearing,

I would like to set forth the guidelines for conducting

the hearing and provide other pertinent information.

This is not an evidentiary or judicial hearing. It

will be conducted in accordance with Section 553 of the

Administrative Procedure Act, and Section 501 of the

DOE Organization Act, 42 U.S.C. Section 7191. To

provide the Department with as much pertinent

information and as many views as can reasonably be

obtained, and to enable interested persons to express

their views, the hearing will be conducted in

accordance with the following procedures:

Speakers have been allotted 10 minutes for

their verbal statements. We currently have no

scheduled oral statements. Anyone may make an

unscheduled oral statement. To do so, please submit

your name to the registration desk at this time.

At the conclusion of all presentations,

speakers will be given the opportunity to make a

rebuttal or clarifying statement. To do so, please

leave your name at the registration desk. Only the DOE

panel conducting the hearing may be allowed to ask

questions for the speakers.

In approximately 20 days, a transcript of

this hearing will be available for inspection and

copying on the website at:

http://www.eh.doe.gov/rulemaking. As mentioned

earlier, the comment period will close October 10,

2006\. All written comments received will be made

available for public inspection at the Internet web

address. Three copies of the comments are requested.

If you have any questions concerning the submission of

comments please contact me, Peter O\'Connell, at

301-903-5641.

Any person submitting information which he

or she believes to be confidential and exempt by law

from disclosure should submit to the Washington, D.C.

comment address a total of four copies; one complete

copy with the confidential material included and three

copies without the confidential information. In

accordance with the procedures established in 10 CFR

1004.11, the Department of Energy shall make its own

determination as to whether or not the information

shall be exempt from public disclosure.

We appreciate the time and effort you have

taken in preparing your statements and are pleased to

receive your comments. I would like now to introduce

the panel. Joining me today is: Dr. Joel Rabovsky,

Department of Energy.

It is now 10 past 9. At this time we don\'t

have any scheduled or registered speakers.

Accordingly, this will conclude the public hearing for

the Department of Energy\'s notice of proposed

rulemaking for Nuclear Safety and Occupational

Radiation Protection, 10 CFR 820 and 10 CFR 835. On

behalf of the Department, I would like to thank

everyone for participating in the rulemaking process.

(Hearing concluded at 9:10 a.m.)

State of Maryland.

Baltimore County, to wit:

I, ROBERT A. SHOCKET, a Notary Public of

the State of Maryland, County of Baltimore, do hereby

certify that the within-named proceedings personally

took place before me at the time and place herein set

out.

I further certify that the proceedings were

recorded stenographically by me and this transcript is

a true record of the proceedings.

I further certify that I am not of counsel

to any of the parties, nor in any way interested in the

outcome of this action.

As witness my hand and notarial seal this

6th day of October, 2006.

\_\_\_[Original signed
by]{.underline}\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Robert A. Shocket, Notary Public

20 My Commission Expires:

21 November 1, 2006