ML19319B425
| ML19319B425 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 05/08/1972 |
| From: | Mccool W US ATOMIC ENERGY COMMISSION (AEC) |
| To: | |
| Shared Package | |
| ML19319B420 | List: |
| References | |
| 10CFR50, NUDOCS 8001150995 | |
| Download: ML19319B425 (2) | |
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Title 10-ATOMIC ENERGY Chapter I--Atomic Energy Commission PART 50-LICENSING OF PRODUC-TION AND UTILIZATION FACILITIES Implementation of Notienel Environmental Policy Act of 1969 On September 9,1971. the Atomic D.-
ergy Commission published in the Fro.
PEDERAL f(Git *It, VOL 37, NO. 94--5AfutDAY, MAY 13, 1972
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g 9620 RULES AND REGULATIONS 3RAL Ractsyra (36 P.R.18071) a revision Because this amendment relates solely
- 4 of Appendix D of its regulation in 10 CFR to eliminat.on of an obsolete require-Part 50, effective on publication. Revised ment, the Commission has found that Appendix D as published is an interim good cause exists for omitting notice of statement of Commission policy and pro-proposed ride making and public proce-cedure for the implementation of the dure thereon as unnecessary and for National Environmental Policy Act of making the amendment efective with-1969 iNEPA) in !!sht of the decision of out the customary 30-day notice, the U.S. Court of Appeals for the District Accordingly, pursuant to the National cf Columbia Circuit in Calvert Ch#s' Environmental Policy Act of 1969, the Coordinating Committee. Inc., et al v.
Atomic Energy Act of 1954, as amended.
United States Atomic Energy Commis-and sections $52 and 553 of title 5 of the ston. et al Nos. 24.330 and 24.871. The United States Code, the following procedures in Append!x D apply to 11 amendment to Title 10. Chapter 1. Code censing proceedings for nuclear power of Federal Regulations. Part 50, is pub-reEtors; testir's facilities; fuel reproc-11shed as a document subject to codift-essing plants; and other production and cation to be efective upon pub!! cation utilization facilities whose construction in the FrotRAL Rectstra (5-13-72).
cr operation may be determined by the
'In Appendix D paragraph 13 of sec-Commission to have a significant impact tion Ais revoked.
Cn the environment. T716 procedures also (Sec.102. 83 Stat. s53; secs. 3.161: 68 Stat.
apply to proceedings involving certain 922, 94a. as amended; 42 U.S.C. 2013, 2201) r ed activities subject to materials Dated at Germantown Md.. this 8th day of May 1972.
Paragraph 13 of section A 6f Appen-dix D of Part 50 provides that:.
For the Atomic Energy Commission.
we commission win inecrporate u an con.
W. B. McCooL.
etrueuon permits and operating Licenses for Secrefary of the Commission.
production and ututzstion fac111ttes de-
[FR Doc.72-7344 Filed 5-12-72.s:51 am]
scribed in paragraph 1. a condition. in addi, tion to any conditione imposed pursuant to parnaraph 11. to the efect that the 1scenase shall observe such standarde and require; menta for the protection of the environment sa are valldly imposed pursuant to authority established under Federal and Sta* law and na are determined by the Commlaston to tw tpolleable to the facility that le subject to the licensing action involved. Dis condition will not app!r to radiolosteal efecta einet radiological efoote are dealt with in other provistons of the construction permit and operstans 11oer.ae.
The central premise of Appendix D prior to its revision in light of the ear!!er refarenced Calvert Clifs' decision, was the concept that the preservation of en-vironmental values could best be ac-complished through the estab!!shment of environmental quality standards and re-quirements by appropriate Federal.
State, and regional' agencies having re-nponalbility for environmental protec-tion. 'nte condition refernd to was an aspect of NEPA implementation by the Commission reflecting that concept.
Since the decision in the Calvert C112s' ceae. the Commission. in compliance with the mandate of the Court of Ap-peals, has revised its NEPA regulations to provide for an independent review of the environmetalimpact of the matters covered by s'Ich standards and require-mente. Accord 1ntr!y. the condition no lonuer nerves the purpose intended. Any liernw conditions resulting from the l
Commimmion's independent review will be tallored to the particular facility. The Commission has, therefore, revoked paragraph 13 of section A of Appendiz D of Part 50 since it is no lonser neces-rary or appropriate This amendment does not. of course, relieve holders of AEC licenses of any obligation which they othstwise have in regard to appil-cable standards and requirements im-posed by other agencies tander Federal or State law.
N00AAt eE405ftt YOL. 37, NO. 94--5ATUsOAY. MAY 13, 1972 e
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