ML19247D384
| ML19247D384 | |
| Person / Time | |
|---|---|
| Issue date: | 09/12/1979 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | Harold Denton, Dircks W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19219A599 | List: |
| References | |
| REF-10CFR9.7 SECY-79-353, NUDOCS 8103040170 | |
| Download: ML19247D384 (8) | |
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.ATTACM!*ENT D O
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Harold R. Centon, Dire:cor Office of Huc1 cur Reactor F.egula^. ion
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Joseph M. Hendrie, Chair.an 3 23 g g.Q C...... i.
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i The Comission hereby delegates the authority to mai:e the "sienificant change" ceter r.ination under Section 105c(2) of the Atemic Energy Act of o U. s. C.
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i Attorney Ge:.eral's ad, ice purcuant to secticn 105(c)(i) of that Act to e t t.r,e r t.ne ci re::c-, Om...ce oi..iu cl e a r r.e acto r.ecu,i a i cn p..:r reactor;)
r cr the Dire: tor, Puclear I'.Ete-ici Stfety and Safeguarca (for productica facilities), as a:.grppriate...This delc;ati;n is made in connecti:n with
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The above delegations,re in accordance with Co mistien attica taken in
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0? ERAT:1', ' " ? E A.; ~ : T R L'E T ? ?'/ : E'. ' 7 t : I: :I Attachment D 1.
Upon docketing of an epplication for a facility operating license, the Office of Nuclear Reactor Regulation (NRR) or the Office of Nuclear Material Safety and Safeguards (NMSS), as appropriate, will cause to be published a " Notice of Receipt of Operating License Application and Reauest for Antitrust Information" in the Federal Register and in appropriate trade journals.
This Notice would invite the submittal to the NRC of comments or infermation concerning the antitrust aspects of the application to assist the NRC Staff in determining whether significant changes in the licensee's activities or preposed activities had occurred since the conpletion of the antitrust review at the construction permit stage, pursuant to Section 10Ec of the Atomic Er.ergy Act of 1954, as amended.
2.
Copies of the facility operating license application, including the antitrust information provided by the applicant under Regulatory Guide 9.3, will be transmitted to both the Office of the Executive Legal Director (DELD) and to the Antitrust and Indemnity Group of NRR (AIG) for review to determinr. whether there have been any significant chances since the completion of the ar'itrust reviest at the construction permit stage.
[3th of these reviews will take into acccunt comments or infornation r aceived in respc,nse to the published Notice and alco any informativ:, r egarding the applicant obtained infornally frcm the Department of Justice.
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3.
Upon ccT.pletion of its review, AIG will transmit the results to OELD together with a recommendation as to whether or not there have been significant changes.
OELD will then complete its own review.
AIG and DELD reviewe will be completed within a reasonable time after the operating license application has been submitted.
4.
If, as a result of their reviews, it is concluded that there have been no sicnificant changes since the ccmpletion of the antitrust review at the construction permit stage, a document in the form of a finding will be prepared jointly by OELD and AIG for the signature of the appropriate Office Director (NRR or NMSS).
This document will set forth the bases for the finding.
Copies of this document will be sent to the Conmission, to the NRR or h.55 licensing prcject 1
manager for the facility involved, to those persons prcviding comments or information in response to the Notice, and to the Washington and local public cocument rooms.
A copy of this document will also be published in the Federal I
Register, together with a notice stating that a request for reevaluation of the proposed determination should be submitted within 60 days of publication of the notice.
If no requests are received within that time, the proposed determinaticn shall become the NRC's final determination.
Requests for a significant changes determination shall be accepted after the date when the SRC deterninacion beccmes Attachment D
3
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final only if they contain new information such as information of facts or events of antitrust significance that had occurred since that date, or information that could 'not reasonably have been submitted prior to that date.
If, as a result of their reviews, it is concluded that sigeificant 5.
chres have occurred since the completion of the antitrust review at the construction permit stage, a document in the form of a finding will be prepared jointly by AIG and OELD for the signature This document of the appropriate Office Director (NRR or fiMSS).
This document, together will set forth the bases for the finding.
with a copy of the application and the information submitted under Regulatory Guide S.3, will be transmitted to the Attorney General OELD with a formal request for antitrust acv' ice, pursuant to of Section 105c(1) and (2) of tne Act.
Copies of the Office Director's finding and the request addressed to the Attorney General will be trarsmitted to the Commissien, the fiRR or NMSS iicensing project manager, those persons providing comments or information in respcnse to the Notice, and to the Washington and local public document rooms.
If a finding is made by an Office Director that there have been no 6.
significant changes since the cocoletion of the antitrust review at the construction permit stage and there is a subsecuent request Attacnment D
.s-from a member of the puolic for a determination that significant changes have occurred, then the finding will be reevaluated by OELD and AIG in light of any new information contained in the request.
If, as a result of the reevaluation, it is determined that there
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has been no significant change, then the Office Director shall deny the request, and issue a notice that contains his finding of no Such notice and finding shall become the significant changes.
final NRC decision 30 days after being made and only in the event that the Commission has not exercised its sua_ sponte_ review power.
Copies of the notice shall be published in the Federal Register, and shall also be transmitted to the NRR or NMSS licensing project manager, and to the Washington and local public document rooms.
If, however, as a result of the reevaluation, it is determined that there has been a signjfi.can.t change, OELD shall so inform the
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i t advice, pursuant t >-
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>-Atto'rney General. and formally re' quest his ant trus to Section 105c(1) and'fE}-of'the Act.
Copies of the notice setting forth the revised Office Director's finding along with copies cf the licence application, the information submitted under Regulatory Guide 9.3, and the information and request received from the rember Copies of the public shall be transmitted to the Attorney General.
of the notice setting forth the revised Office Direc:cr's finding and the request for advice addrerscd to the Attorne; General will be transmitted to the Commission, the NRR or NM55 licensing project manager, the requesting member of the public, and to the 'r,'ashington and iccai cub'i: docu Dr.t "
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Attachment D
ATTACHMENT E The Honorable Morris K. Udall, Chairman Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
Enclosei for your infonnation are copies of minor amendments to the Commission's Rules of Practice for Domestic Licensing Proceedings, 10 CFR Part 2 and conforming amendments to 10 CFR Part 1 (Statement of Organization and General Information), to be published in the Federal Register as proposed rule changes.
The amendments would implement the Commission's delegation of its authority under Section 105(c)(2) of the Atomic Energy Act to make a "significant changes" determination to the Director of Nuclear Reactor Regulation and the Director of Nuclear Mcterial Safety and Safeguards.
Sincerely, Howard K. Shapar Executive Legal Director
Enclosure:
As stated cc:
Representative Steven Symms Attachment E
s Identical letters sent to:
The Honorable John D. Dingell, Chairman Subcommittee on Energy and Power Committee on Interstate and Foreign Commerce Uni ted States House of Representatives Washington, D. C.
20515 cc:
Rep. Clarence J. Brown The Honorable Toby Moffett, Chairman Subcommittee on Environme.1t, Energy and Natural Resources Committee on Government Operations United States House of Representatives Washington, D. C.
20515 cc:
Rep. Paul fl. McCloskey, Jr.
The Honorable Gary Hart, Chairma'n Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate Washington, D. C.
20510 cc:
Sen. Alan Simpson Attachment E