ML19322C665
| ML19322C665 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 02/02/1979 |
| From: | Shapar H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19322C664 | List: |
| References | |
| TAC-61468, NUDOCS 8001180303 | |
| Download: ML19322C665 (5) | |
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February 2,1979 L.,
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MEMORANDUM FOR:
Harold R2 Denton, Director N
Office of Nuclear Regulatory Regulation Q.
FROM:
lloward K. Shapar y"
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Executive Legal Director
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SUBJECT:
REVISED PROCEDURE FOR DELD IISOLVEMENT IN PROCESSItG T.L..
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OPERATING LICENSE AMENDMENT APPLICATIONS E=ig
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means to process the large numbers of appli. cations for operating license
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This office is aware of your ongoing efforts to introduc.e more effective
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In an effort to provide constructive assistance to your ef-i==
forts we have developed a procedure which we believe will inject additional 9-3..
efficiencies into the process.
The purpose of this memorandum is to inform
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you of this procedure.
As you are aware the Safety Evaluation Reports (SER) and the Environmental Impact Appraisals (EIA) prepared by the NRR staff in connection with its processing of applications for operating license amendments are subject to multiple levels of technical and administrative review within NRR.
These documents have also traditionally been the subject of OELD review.
After careful study of tne content and nature of these primarily technical documents, we have concluded that our continuing to review them is unnec-essary.
Accordingly, commencing February 15, 1979, weproposetodiscon_-%
tinue the review of SERs and EIAs relating tn nrn-M ooerating license amendments unless you, your oeputy or the Director, Deputy or an Assistant Director of the Division of Operating Reactors specifically request such
. assistance.
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In this cohnection, we also propose to discontinue our review of NRR determi-nations as to whethe'r proposed amendments are subject to arenoticina or cost-_:
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Such determinations are based primarily on tec1nical information en wnicn your staff is capable of reaching appropriate conclusions.
Here too,
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of course, we stand ready to provide assistance if it is specifically re-ii=.
quested by one of the NRR management officials identified above.
IR Alti.ough we propose to discontinue certain aspects of the review of,hmats supporting action on proposed operating license amendments, we will 6ntinuQ e
to review the languaoe of the actual license amendments (excluding ach..gr.y-
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Ing tecnnical specifications) and tne proposed Federal Reaister notices re-E lating to operating license amenaments.
The legal nature of these documents mandate our continued involvement with them.
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s, "In view of our proposed' discontinuance of aspects of the license amendment Mj.' 'r: view process, I have had prepared as an interim guide for your staff a W sumary of the principei 6 ind ing whicn your statt must make in support of.
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f _pic sopport for these findings must be identified in the SER or the EIA.
An
!;=!E en operau ng 11 cense amenamen_t.
inese findings and tne issuance v1 cxpanded guidance document is now in preparation and will be provided to you
[E as soon as it is completed.
s The. proposed revised procedure discussed above is designed to assist you in more effectively processing operating license amendment applications.
We continue to be available to you and your staff to respond to specific prob-
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1 ems or concerns regarding any matter involving the processing of these appli-cations.
gg If you have any questions or problems with this proposed revision in our pro-
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lE Howard K. Shapar Executive Legal Director Encl.osure.
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Summary of principal Findings Necessary to Support Operating License Amendments
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SUPPORT OPERAilNG L] CENSE M4ENDMENTS
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SAFETY t-)
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ALL AME,NDMENTS - FOR all amendmen.ts to reactor operating licenses.-
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the " applicable" findinos to be made are set forth in 10 CFR 50.57(a).
Generally, the a'pplicable findings to be made are those of 50.57(a)
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(2),(3)and(6).
The license amendment document expresses these b
findings'as:
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A.
The application for' amendment complies with the standards and
. requirements of the Atomic Energy Act of 1954, as amended (the Act) and the Commission's rules' and regulations set forth in l"5..
. 10 CFR Chapter I; B.
The facility will operate in conformity with the application, the provisions of the Act, and the rules' and_ regulations of e....
the Commission;
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C.
There i anable assuranc (i) that the activities authorized-
, by the amendment can be conhied without endangering the health and safety of the public, and (ii) that such activitipe _will be conducted in compliance with the Commission's regulations;
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D.
The issuance of 'the amendment will not be inimical to the common
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defense and security or to the health and safety of the public.
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Very seldom do amendments require the findings 'in 50.57(a)(1) (constuc-gy gj:
tion completion), (a)(4) (technical and financial qualifications), :(a) k.::
(5) (Price, Anderson financial protect. ion), however, these must not be..
K jg overlooked since in some instances they may be applicable.
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2.
AMENDMENTS INVOL ING 110 SIGNIFICANT HAZARDS CONSIDERATION -
~~W Inaddition to the findings described above, for those applications 95=
in which prenotice is not required,5 the NRC must base its action on y=E
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' a finding that "no significant, hazards consideration" is presented by' the application for amendment. (See 50.581(b));
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. Although there is no definition of this term in the statute or in w..
the regulations, the statement presently used should _ e continued
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until modified by the Commission.
This statement i "We have
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concluded, that because the amendment does not involve a significant increase in the probability or consequences of accidents previously considered and does not involve a significant decrease in a safety p
nargin, the amendinent does not involve a significant hazards
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. consideration."
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3.
THE SER - The SER Me document which expresses the basis for the
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required findings, The_SEPu hould specify the exact changes being s
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authorized.
It should specify each of the " applicable" ultimate
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findings, discussed above.
It must set forth the subsidiary findings upon which each of the ultimate findings are based.
In" short, it must L
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completely, although succinctly, describe the reasoning used by
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the NRC staff reviewer to reach the findings which are the
...m prerequisite for the issuance of the license amendment.
m ENVIRONMENTAL
.m All license amendment applications must be evaluated for envi-ronmelita'i impact.
For those covered by 10 CFR Sl.5(a)(10),-
"any -
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other action which the Comission determines is a major Commission j
g action significantly affecting the quality of the human envi-i.
mnment" - an environmental impact statement is to be prepared in g.
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accordance with 10 CFR Part 51.}l For license amendments identified in
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J 10 CFR 51.5(b) (particularly 9 51.5(2). The impact must be evaluated tc to determine if an impact statement is required.
If it is determined N
that no impact statement is required an impact appraisal and a L,.:
negative declaration are required.
These should conform to 10 CFR 51 F
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The findinn to be containad in th= licanse amendment is: "The issuance
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of this amendment is in accordan~ce with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.'
W Y-The EIA or the EIS similar to the SER, must completely, although l
succinctly, describe the reasoning used by the NRC to reach the
' findings prerequisite to the issuance of the license amendment.
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