ML19323F381

Forwards 800328 Fr Excerpt Re Proposed Amends to NRC Regulations Specifying Criteria for Determining Whether Amends to OLs or CPs Involve Significant Hazards Consideration.Comment Period Expires 800527

ML19323F381
Person / Time
Site:	Barnwell File:Allied-General Nuclear Services icon.png
Issue date:	05/02/1980
From:	Rouse L NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Stribling G ALLIED GENERAL NUCLEAR SERVICES
References
NUDOCS 8005280893
Download: ML19323F381 (2)

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ECAF R/F PDR LPDR PLoysen Docket No. 50-332 LCRouse JShafer Allied-General Nuclear Services ATTN: Mr. George T. Stribling P. O. Box 847 Barnwell, South Carolina 29812 Gentlemen:

28, 1980 the NRC had published in the Federal Register On Friday, March proposed amendments to its regulations dealing with determination of.

The proposed amendments result no significant hazards consideration.

from a petition for rule making (PRM 50-17) filed on May 7,1976 requesting that criteria be specified to determine when no significant hazards consideration is involved.

We though that you might be interested in this matter.

If you wish to provide coments, plaaee note that the coment period expires on In case you had not seen the Federal Recister Notice when May 27,1980.

it was published last month, a copy. is enclosed with this letter.

Sincerely, C.:...

.::-d ty Idad C.Ee,_.

Leland C. Rouse, Chief Advanced Fuel and Spent Fuel Licensing Branch Division of Fuel Cycle and

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W Material Safety

Enclosure:

Federal Reaister_ Notice dtd 3/28/80

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Federal Register / Vol. 45. No. 62 / Friday. March 28, 1980 / Proposed Rules NUCLEAR REGULATORY Utilization Facilities." The purpose of The petitioners' proposed COMMISSION the amendments is to reviss amendments'to the regulations would il 2.105(a)(3). 50.58(b) and 50.91 to require that the staff take into 10 CFR Parts 2 and 50 specify criteria for determming whether - consideration. In determining whether a

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No SigrWficant Hazards Consideration

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• I license or to a construction permit for a fcens' involves a significant hazards'.nt E

e AGEHCT. Nuclear Regulatory commercial or other large production or conalderation whether operation of the

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Commission.

utilization facility (one licensed under plant under the proposed license i

AcTio*c Proposed rule, section 103 or 104(b)); or a testing amendment will(1) substantially facility licensed under 104(c) of the increase the probability or svuuanr.The Nuclear Regulatory Atomic Energy Act of1954, as amended consequences of a malor credible Commission is proposing to amend its

("the Act"). involves no significant reactor accident or (2) decrease the regulations to specify cnteria for hazards consideration. The pmposed nargins of safety substantially below determining whether a proposed amendments result from a petition for those previously evaluated for the plant aciendment to an operating license or,to rulemaking (PRM 50-17) submitted by and below those approved for existing a construction permit for a commerA letter to the Secretary of the licenses. it is proposed that,if the staff or large production or utilization facility Commission on May 7.1976 by Mr.

reaches a negative conclusion as to both involves no significant hazards Robert Lowenstein of the law offices of of these criteria, the proposed considerabon.If the, Commission 1.owenstein. Newman. Reis and amendment shall be considered not to determmes that no sigmficant hazards considerat on is involved,it may issue Axelrad acting on behalf of the Boston - involve a significant hazards -

I Edison Company. Florida Power and consideration.

an amendment to an operating license or Ught Company and Iowa Electric Ught ne petition (Docket 50-17) was.

to a construct,on permit and then publish a notice of the amendment in the and Power Company.De petitioners published for comment in the Federal Federal Register. Otherwise. it must request the Nuclear Regulatory '

Register on June 14.1976 (41 FR 24006).

i Commission to amend 10 CFR Part 2.

Comments have been received from 1

publish the notice at least 30 days

" Rules of Practice for Domestic e ght persons, four of whom are in favor l

8 before the amendment is issued.

The proposed amendments to the Ucensing Proceedings." and 10 CFR Part of granting the petition and four of regulations are in response to a petition

50. " Domestic Ucensing of Production whom are opposed. Those in favor.

for rulemaking filed on May 7.1976. by and Utilization Facilities." with respect generally argued that the petitioners' to theissuance of amendments to proposed amendments.if adopt'ed.

Mr. Robert Lowenstein en behalf of three petitioners (Boston Edison operating licenses for production and would help eliminate unnecessary utilization facilities.

delays in effecting amendments to an Cornpany Florida Power and Ught Company, and towa Electic Ught and Section 189a of the Act provides that.

operating license.Those opposed upon thirty days notice published in the generally argued that the petitioners' Power Company) requesting that criteria be specified to determine when no Federal Register, the Commission may proposed amendments would be significant hazards consideration is issue an operating license or an contrary to congressionalintent since involved.

amendment to an operating license or an they would tend to eliminate public amendment to a conshu: tion permit for participation. Opposing arguments were oaTc Comment period expires May 27 a facility licensed under section 103 or

. also made to the effect that the 1980.

104(b). or a testing facility licensed petitioners' proposed amendments ADORossas: A!! interested persons who under section 104(c) without a public would change the standard of review desire to submit written comments or hearing if no hearing is requested by any from one of finding "non. significance" to suggestions for consideration in Interested person. However, i 189a one of finding " substantial change " thus connection with the proposed permits the Commission to dispense shifting the burden of proof. One amendments should send them to the with such thirty days notice and Federal opposing commenter also stated that the Secretary of the Commission. U.S.

Register publication with respect to the amendments could result in lengthy Nuc!aar Regulatory Co= mission.

Issuance of an amendment to a litigation over the meanings of the Washington. D.C. 20555. Attention:

construction permit or an amendment to criteria proposed by the petitioners.

Docketing and Service Branch, by May an operating license upon a proposed amendments and public After consideratfon of the petitioners

• 27.1980.' Copies of comments received determination by the Commission that on the proposed rulemaking and the amendment involves no signiScant comments received. the Commission comments received on the petition for hazards consideration. la cases where believes that the licensing process can nilemaking (PRM 50-17) may be the Commission determines that 'here is be improved by specifying criteria with exam ned in the Commission's Public no significant hazards consideration, the respect to the meaning of "no significant Docu nent Roo:n at 1717 H Street. N.W Commission may issue the amendment " hazards consideration."The Washington. D.C.

and then publish a notice in the Federal Commission, however, does not' agree FOR FtJRTHER INFORMaITON CONTAcn Register. In such cases, interested with the petitioners' proposed criteria Mr. W. E. Campbell. Jr Office of members of the public who wish to because of the limitation to " major Standards Development. U.S. Nuclear object to the amendment and request a credible reactor accidents" and their Regulatory Commission. Wa shington.

hearing may do so, but a request for failure to include accidents of a type l

D.C. 20555. Phone 301-443-5913.

hearing does not, by itself, suspend the different from those previously SUPPt.ENEMT ARY INFORM ATION:The effectiveness of the amendment.

evaluated.

Nuclear Regulatory Commission has Sections 50.58(b) and 50.91.10 CFR, of During the past several years, the under consideration paendments to its the Commission's regulations Staff has been guided in reach'ng its reg latier.s in 10 CFR Part 2. " Rules of implementing i 189a contain no criteria findmgs with respect to "no sig:uficant P actice for Do=estic Ucensir4 for determining when an amendment hazards consideration" by staff criteria Proceedings." and 10 CFR Part 50, involves no significant hazards and examp!es of amendments likely to "Demestic Ucensing of Production and censideration.

involve, and not likely to involve.

.