ML19329C198
| ML19329C198 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 05/08/1972 |
| From: | Mccool W NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| Shared Package | |
| ML19329C196 | List: |
| References | |
| RULE-PR-50 NUDOCS 8002120923 | |
| Download: ML19329C198 (2) | |
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D619 RULES AND REGULATICNS 0
Title 10-ATOMIC ENERGY Chapter I-Atomic Energy Commission PART SO-LICENSING OF PRODUC-TICN AND UTILIZATION FAClllTIES Implementation of Notienol Environmental Policy Act of 1969 On September 9.1971. the Atomic D.-
ergy Commission published in the Ft:-
FIDERAL RECISTER, vot 37, NO. 94-5ATURDAY, MAY 13,1972 8 0 02120 TN
9620 RULES AND RE2ULATIONS En4L*Rsolsran (36 F.R.1807D n r; vision Beccuse this amendment relates solely of Appendix D ollts regulation in 10 CFR to elimination of an obsolete require-Part 50, efective 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 Lnd pro-proposed rtale making and public proce-cedule for the implementation of the dure thereon as unnecessary and for National Environmental Policy Act of making the amendment effective with-1969 (NEPA) in 11ght of the decision of the U.S. Court of Appeals for the District out the customary 30-day notice.
Accortlingly, pt:rsuant to the National of Cclumbia Circuit in Calvert Cit!!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. 24.839 and 24.871. The United States Code, the following procedures in Appendix D apply to 11-amendment to Title 10, Chapter 1. Code censing proceedings for nuclear power of Federal Regulations. Part 50, is pub-reactoral testing facilities; fuel reproc-lished as a document subject to codift-essing plants; and other production and utilization facilities whose construction cation to be effective upon publication or operation may be determined by the in the Panzarf. Rrctstra (5-13-72),
In Appendix D, paragraph 13 of sec-Commission to have a signal! cant impact tion A is revoked.
on the environment. 'Ite procedures also apply to proceedings involving certain (sec.102,83 stat. a53; secs. s. tel: 68 stat.
922, 948, as amended: 42 U.S.C. 2013. 2201) activities subject to materials Dated at Germantown, Md this 2*h Paragraph 13 of section A 6f Appen-day of May 1972.
dix D of Part 50 provides that:.
For the Atomic Energy Commission.
The Commisalon will incorporate in all con.
W. B. McCoot.,
struction permite and operating Itcenses for Secretdry of the Commi33 fort.
production and uttilzation factitttes de-scribed in paragraph 1, a condition. In addt,
[FR Doc.72-7344 Filed 5-12-72;8:51 am]
tion to any conditions imposed pursuant to paragraph II. to the erect that the licensee shalt observe such standards and require; menta for the protection of the environment se are validly imposed pursuant to authority estabitahed under Federal and State law and as are determined by the Commlaston to be cpplicable to the facility tPat is subject to the !! censing action involved. This condition wm not apply to radiological effecta einen radioloetcal effecta are dealt with tn other provistons of the construction permit and operating license.
The central premise of Appendix D prior to its revision in !!ght of the esrlier referenced Calvert Cliffs' decision, was the concept that the preservation of en-vtronmental values could best be ac-comp 11shed through the estab!!shment of environmental quality standards and re-quirements
')y appropriate Federal.
State, and regional agencies having re-sponsibility for environmental protec-tion. The condition referred to was an aspect of NEPA Implementation by the Commission ref!ecting that concept.
81nce the decision in the Calvert Clifs' case, the Commission. In compliance with the faandate of the Court of Ap.
peals, has revised its NEPA regulations to provide for an independent review of the environmentalimpact of the matters covered by such standards and require-menta. Accordingly, the condition no lonuer serves the purpose intended. Any license condittons resulting from the Commtalon's Independent review will be trilored to the particular facility. The Commission han, therefore, revoked paragraph 13 of section A of Appendix D of Part SO since it is no longer neces-rary or appropriate. This amendment does not, of course, tellemt holders of i
AEC licentes of any obligation which i
they otherwise have in regard to app 11 cr.ble standards and requirements im-posed by other agencies under Federal cr St. +4 law.
790 Etat REGISTit, Vot. 37, NO. 94--SATUtoAY, MAY 13, 1972
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