ML19353A859

Final 10CFR51 Rule Clarifying Amend Re Enforcement Activities

ML19353A859
Person / Time
Issue date:	10/19/1989
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML19353A853	List: ML19353A852 ML19353A858 ML19353A859 ML19353B220 ML19353B221 ML19353B222 ML19353B223
References
FRN-54FR43576, RULE-PR-51 AD41-2-7, NUDOCS 8911220088
Download: ML19353A859 (18)

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1 NUCLEAR REGULATORY COM11SSION 10 CFR Part 51 RIN 3150-AD41 Clarifying Amendment Relating to Enforcement Activities AGENCY:

Nuclear Regulatory Comission.

ACTION:

Final rule.

SUMMARY

The Nuclear Regulatory Comission (NRC) is amending its environ-mental regulations to make clear that the provision excluding NRC enforcement activities from the requirements of the National Environmental

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Policy Act of 1969, as amended, not only encompasses formal enforcement actions but also encompasses informal administrative mechanisms relating to j

l enforcement such as bulletins, information notices, generic letters, notices of deviation, notices of nonconformance and confinnatory action letters.

1 This minor amendment will help to clarify the manner in which this provision l

will be applied.

EFFECTIVE DATE:

(Insert date final rule is published in the Federal Register.)

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FOR FURTHER INFORMATION CONTACT:

Stuart A. Treby, Assistant General Counsel for Rulemaking and Fuel Cycle, U.S. Nuclear Regulatory Commission, 'Jashington, DC 20555; Telephone (301) 492-1636.

SUPPLEMENTARY INFORMATION:

On March 12,1984, (49 FR 9352) the Commission promulgated final regulations l

implementing section 102(2) of the National Environmental Policy Act of 1969, 1

as amended, (NEPA) in a manner which is consistent with the NRC's domestic licensing and related regulatory authority. These regulations, 10 CFR Part 51. Subpart A, reflect the Commission's policy of developing regulations voluntarily subject to certain conditions to take account of the regulations of the Council on Environmental Quality (CEQ) implementing the procedural provisions of NEPA. Section 51.14(b) of the NRC regulations adopts certain j

definitions used in the CEQ regulations. These definitions include the definition of " Major Federal action" in 40 CFR 1508.18.M As this definition 1/

40 CFR 1508.18 states:

" ' Major Federal action' includes actions with effects that may be major and which are potentially subject to Federal control and responsibility. Major reinforces but does not have a meaning j

independent of significantly (61508.27). Actions include the circumstance J

where the responsible officials fail to act and that failure to act is reviewable by courts or administrative tribunals under the Administrative Procedure Act or other applicable law as agency action.

"(a) Actions include new and continuing activities, including projects and programs entirely or partly financed, assisted, conducted, regulated, or approved by federal agencies; new or revised agency rules, regulations, plans, policies, or procedures; and legislative proposals (il 1506.8, 1508.17). Actions do not include funding assistance solely in the form of general revenue sharing funds, distributed under the State and Local Fiscal o

(Footnote Continued on Next Page)

p makes clear, for NEPA purposes, the term " Major Federal action" does not include "... bringing judicial or administrative civil or criminal L

enforcement actions...." This pnrtion of the CEQ definition of " Major Federal action" is highlighted in 9 51.10 of the Commission's regulations which addresses the purpose and scope of NRC's regulations implementing section 102(2) of NEPA and states in paragraph (d):

"(d) Comission actions initiating or relating to admini-strative or judicial civil or criminal enforcement actions or proceedings are not subject to section 102(2) of NEPA. These actions include issuance of notices, orders, and denials of requests for action pursuant to Subpart B of Part 2 of this chapter, and matters covered by Part 15 and 160 of this chapter."

Although the Comission's regulations make clear that enforcement matters are not subject to the NEPA process, there has been some uncertainty as to whether certain types of informal administrative actions used by the NRC (Footnote Continued from Previous Page)

Assistance Act of 1972, 31 U.S.C. 1221 et seq., with no Federal agency control over the subsequent use of such funds.

Actions do not include bringing judicial or administrative civil or criminal enforcement actions.

"(b) Federal actions tend to fall within one of the following categories:

"(1) Adoption of official policy, such as rules, regulations, and interpre-tations adopted pursuant to the Administrative Procedure Act, 5 U.S.C. 551 et seq.; treaties and international conventions or agreements; formal documents establishing an agency's policies which will result in or substantially alter agency programs.

"(2) Adoption of formal plans, such as official documents prepared or approved by federal agencies which guide or prescribe alternative uses of federal resources, upon which future agency actions will be based.

"(3) Adoption of programs, such as a group of concerted actions to implement a specific policy or plan; systematic and connected agency decisions allocating agency resources to implement a specific statutory program or executive directive.

"(4) Approval of specific projects, such as construction or management activities located in a defined geographic area.

Projects include actions approved by permit or other regulatory decision as well as federal and federally assisted activities.".

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staff as an adjunct to the Commi.,sion's formal enforcement mechanisms, which include the issuance of orders pursuant to 10 CFR Part 2, Subpart B, are intendedtobeincludedwithinthescopeof10CFR51.10(d). See 10 CFR Part 2, Appendix C General Statement of Policy and Procedure for NRC Enforcement Actions,Section V.H.

These infomal administrative actions include, among others, various written notices such as bulletins, information notices, generic letters, notices of deviation or non-conformance and confimatory action 1etters. As use of the word " include" in the second sentence of i 51.10(d) j makes clear, 5 51.10(d) does not purport to provide a comprehensive list of Comission activities relating to enforcement. The types of enforcement actions mentioned were intended to be only illustrative.

As described in the Comission's General Statement of Policy on Enforcement, "Confimatory Action Letters are letters confirming a licensee's or a vendor's agreement to take certain actions to remove significant concerns about health and safety, safeguards, or the environment." A confirmatory action letter is an informal enforcement tool issued by the NRC staff pursuant to 10 CFR Part 2, Appendix C, V, H, 3.

The letter memorializes comitments made by the licensee to the NRC staff that the licensee will take certain specific actions with regard.to a facility.

The NEPA status of such informal tools, including resumption of plant op-eration, was not explicitly addressed in i 51.10 since the Comission believed, as it argued in Comonwealth of Massachusetts v. United States Nuclear Regulatory Comission, No. 88-2211, that such infomal enforce-ment tools did not involve agency action.

However, in that case the.

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- First Circuit Court of Appeals concluded that resumption of operation of the Pilgrim facility, after an extended shutdown for corrective actions reflected in a Confirmatory Action Letter, involved NRC action to reinstate the license.

The Court went on to uphold the NRC actions against related challenges.

The case did not raise and the Court did not address any NEPA related issues.

Licensee actions undertaken voluntarily, as documented in a confirmatory action letter, are generally directed to restoring compliance with NRC regulations, thereby enabling the licensee to resume licensed activities. Consequently, the only environmental effects of the licensee's voluntary actions to reestablish that licensed activities will be undertaken in accordance with the license are those evaluated at the time the facility or activity was licensed and assessed in the NRC Environmental Impact Statement prepared in connection with the initial issuance of the license and in subsequent environmental evaluations in connection with license amendments. The environmental effects of NRC activities 1

associated with the supervision of such licensee actions, including NRC approv-j al and supervision of the licensee's subsequent resumption of licensed activi-ties are the same and do not require additional environmental review.

Although the Comission did not intend 6 51.10(d) of its NEPA regulations to be read as if it applied exclusively to the types of enforcement activities specifically enumerated therein, it recognizes that clarification would be helpful. Accordingly, the Commission is promulgating this final rule.

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l It should be clearly understood that it has always been contemplated, unde,r

'l 51.10(d), that when licensee actions to remediate the matters underlying the

enforcement action have been completed to the satisfaction of the Commission, the conditions of operation previously reviewed in an environmental context will be restored. Accordingly, when the NRC authorizes licensed activities to resume, no additional environmental review pursuant to NEPA or the Conrission's regulations is needed.

If it should be necessary for the licensee to obtain a license amendment to resttire compliance with the Commission's safety require-ments in order to satisfy the concerns underlying the enforcement action, any environmental effects associated with issuance of the license amendment would either be addressed in an Environmentti Assessment or encompassed by a categor-ical exclusion under 10 CFR 51.22(c).

In this way, appropriate consideration of any environme.ntal impact would be assured.

Because this amendment is merely clarifying and interpretative in nature, relates solely to matters of agency practice and does not involve a significant question of policy, good cause exists for omitting notice of proposed rulemak-ing and public procedures thereon as unnecessary and for making the amendment effective upon publication in the Federal Register without the customary thirty day notice.

Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final regulation.

fL Paperwork Reduction Act Statement n

This final rule contains no new or amended information collection requirements and therefore is not subject to the requirements of the Paperwork Rbduction Act of 1980 (44 U.S.C. 3501 et seq.).

Regulatory Analysis Questions have arisen as to whether 10 CFR 51.10(d), which excludes Commission actions relating to enforcement from the NEPA ~ process, encompasses informal administrative actions such as those described in section V.H. of the Commis-sion's General Statement of Policy and Procedure for NRC Enforcement Actions, 10 CFR Part 2, Appendix C, i.e., bulletins, information notices, generic letters, notices of deviation or nonconformance and confirmatory action let-ters. Section 51.10(d) of the Commission's regulations is not limited to a The portion of the C2nmission's enforcement activities but is all-inclusive.

NRC staff has a need to assure a uniform understanding of the scope of actions encompassed by this regulation. This rule change revising the text of 6 51.30(d) to make clear that it applies to the entire spectrum of the Commis-sion's enforcement activities is the appropriate means to achieve this end.

Backfit Analysis The LRC has determined that the backfit rule,10 CFR 50.109, does not apply to this final rule because this amendment to 10 CFR 51.10(d) does not contain any provisions rhich impose backfits as defined in 10 CFR 50.109(a)(1) and there-fore a bacxfit analysis is not required.

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List of Subjects in 10 CFR Part 51 Administrative practice and procedure, Environmental impact statement, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements.

For the reasons set forth in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, the National Environmental Policy Act of 1969, as amended, and 5 U.S.C. 552 and 533. the NRC is adopting the following amendment to 10 CFR Part 51:

j PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS 1.

The authority citation for Part 51 continues to read as follows:

AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); secs. 201, as amended. 202, 88 Stat.1242, as amended, 1244 (42 U.S.C. 5841, 5842).

Subpart A also issued under National Environmental Policy Act of 1969, secs. 102, 104, 105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335);

and Pub. L.95-604, Title II, 92 Stat. 3033-3041. Sections 51.20, 51.30, 51.60, 51.61, 51.80, and 51.97 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241, and sec.148, Pub. L.100-203,101 Stat.1330-235 (42U.S.C.10155,10161,10168). Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, sec.121, 96 Stat. 2228 (42 U.S.C.10141).

Sections hk L'l-s s, ::.:.

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h 51.43, 51.67, and 51.109 also issued under Nuclear Waste Policy Act of 1982, sec.114(f), 96 Stat. 2216, as amended (42 U.S.C.10134(f)).

2.

Paragraph (d) of 9 51.10 is revised to read as follows:

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6 51.10 Purpose and scope of subpart; Application of regulations of l

Council on Environmental Quality, i

L; (d) Commission actions initiating or relating to administrative or judicial civil or criminal enforcement actions or proceedings are not subjecttosection102(2)ofNEPA. These actions include issuance of notices, orders, and denials of requests for action pursuant to Subpart B of Part 2 of this chapter, matters covered by Part 15 and Part 160 of this chapter, and any other matters covered by Appendix C to Part 2 of this chapter.

Dated at Rockville, Maryland, this /9 day of d

1989

- For the Nuclear Regulatory Commission

/

Ja es M. Tayloff ting ExecutMe Director for Operations

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NUCLEAR REGULATORY C0lHISS10N-10 CFR Part 51 RIN 3150-AD41

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Clarifying Amendment Relating to Enforcement Activities AGENCY:

Nuclear Regulatory Comission.

ACTION:

Final rule.

The Nuclear Regulatory Comission (NRC) is amending its environ-

SUMMARY

mental regulations to make clear that the provision excluding NRC enforcement activities from the requirements of the National Environmental Policy Act of 1969, as amended, not only encompasses fomal enforcement actions but also encompasses. informal administrative mechanisms relating to enforcement such as bulletins, information notices, generic letters, notices of deviation, notices of nonconformance and confimatory action letters.

This minor amendment will help to clarify the manner in which this provision l-will be applied.

l EFFECTIVE DATE:

(Insert date final rule is published in the Federal Register.)

l i

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' FOR FURTHER INFORMATION CONTACT:

Stuart A. Treby, Assistant General Counsel for Rulemaking and Fuel Cyc1),

U.S. Nuclear Regulatory Commission Washington, DC 20555; Telephone (301)492-1636.

SUPPLEMENTARY INFORMATION:

12,1984, (49 FR 9352) the Connission promulgated final regulations On March implementing section 102(2) of the National Environmental Policy Act of 1969, asamended,(NEPA)inamannerwhichisconsistentwiththeNRC'sdomestic licensing and related regulatory authority. These regulations, 10 CFR Part 51, Subpart A reflect the Commission's policy of developing regulations voluntarily subject to certain conditions to take account of the regulations

. of the Council on Environmental Quality (CEQ) implementing the procedural Section 51.14(b) of the NRC regulations adopts certain provisions of NEPA.

definitions used in the CEQ regulations. These definitions include the definition cf " Major Federal action" in 40 CFR 1508.18.M As this definition

" ' Major Federal action' includes actions with 40 CFR 1508.18 states:

effects that may be major and which are potentially subject to Federal 1/

control and responsibility. Major reinforces but does not have a meaning independent of significantly (i 1508.27). Actions include the circumstance where the responsible officials fail to act and that failure to act is reviewable by courts or administrative tribunals under the Administrative

]

Procedure Act or other applicable law as agency action.

"(a) Actions include new and continuing activities, including projects and programs entirely or partly financed, assisted, conducted, regulated, or approved by federal agencies; new or revised agency rules, regulations, plans, policies, or procedures; and legislative proposals (il 1506.8 1

Actions do not include funding assistance solely in the fonn of general revenue sharing funds, distributed under the State and Local Fiscal 1508.17).

(Footnote Continued on Next Page) i -

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makes clear, for NEPA purposes, the term " Major Federal action" does not include "... bringing judicial or administrative civil or criminal enforcement actions...." This portion of the CEQ definition of " Major Federal action" is highlighted in i 51.10 of the Comnission's

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i regulations which addresses the purpose and scope of NRC's regulations implementing section 102(2) of NEPA and states in paragraph (d):

"(d) Commission actions initiating or relating to admini-strative or judicial civil or criminal enforcement actions or These proceedingsarenotsubjecttosection102(2)ofNEPA.-

actions include issuance of notices, orders, and denials of requests for action pursuant to Subpart 8 of Part 2 of this chapter, and matters covered by Part 15 and 160 of this chapter."

Although the Commission's regulations make clear that enforcement matters are not subject to the NEPA process, there has been some uncertainty as to whether certain types of informal administrative actions used by the NRC 1

j (Footnote Continued from Previous Page)

Assistance Act of 1972, 31 U.S.C.1221 et seq., with no Federal agency Actions do not include control over the subsequent use of such funds.

bringing judicial or administrative civil or criminal enforcement actions.

"(b) Federal actions tend to fall within one of the following categories:

"(1) Adoption of official policy, such as rules, regulations, and interpre-tations adopted pursuant to the Administrative Procedure Act 5 U.S.C. 551 et seq.; treaties and international conventions or agreements; formal documents establishing an agency's policies which will result in or j

substantially alter agency programs.

"(2) Adoption of formal plans, such as official documents prepared or approved by federal agencies which guide or prescribe alternative uses of federal resources, upon which future agency actions will be based.

"(3) Adoption of programs, such as a group of concerted actions to implement a specific policy or plan; systematic and connected agency decisions allocating agency resources to implement a specific statutory program or executive directive.

"(4) Approval of specific projects, such as construction or management activities located in a defined geographic area.

Projects include actions approved by permit or other regulatory decision rs well as federal and federally assisted activities."

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- staff as an adjunct to the Commission's formal ~ enforcement mechanisms, which include the issuance of orders pursuant to 10 CFR Part 2. Subpart 8 are intendedtobeincludedwithinthescopeof10CFR51.10(d). jgg,10 CFR Part

2. Appendix C General Statement of Policy and Procedure for NRC Enforcement Actions,Section V.H.

These infonnal adninistrative actions includeg among others, various written notices such as bulletins, information notices, generic letters, notices of deviation or non-conformance and confirmatory action As use of the word " include" in the second sentence of f 51.10(d) l letters.

makes clear, 5 51.10(d) does not' purport to provide a comprehensive list of j

Comission activities relating to enforcement. The types of enforcement actions mentioned were intended to be only illustrative.

As described in the Comission's General Statement of Policy on Enforcement, "Confinnatory Action Letters are letters confirming a licensee's or a vendor's agreement to take certain actions to remove significant concerns about health and safety, safeguards, or the environment." A confirmatory action letter is an informal enforcement tool issued by the NRC staff pursuant to 10 CFR Part 2 Appendix C V. H, 3.

The letter memoria11res comitments made by the licensee to the NRC staff that the licensee will take certain specific actions with l

regard to a facility.

The NEPA status of such informal tools, including resumption of plant op-eration, was not explicitly addressed in i 51.10 since the Comission believed, as it argued in comonwealth of Massachusetts v. United States Nuclear Regulatory Comission. No. 88-2211, that such informal enforce-l ment tools did not involve agency action. However, in that case the l >

First' Circuit Court of. Appeals concluded that resumption of operation of the Pilgrim facility, after an extended shutdown for corrective actions reflected

-in a Confirmatory Action Letter, involved NRC action to reinstate the license.

The The Court went on to uphold the NRC actions against related challenges.

case did. net raise and the Court did not address any NEPA related isgues.

Licensee actions undertaken voluntarily, as documented in a confirmatory action letter, are generally directed to restoring compliance with NRC regulations, thereby enabling the licensee to resume licensed activities. Consequently, the only environmental effects of the licensee's voluntary actions to reestablish that licensed activities will be undertaken in accordance with the license are those evaluated at the time the facility or activity was licensed and assessed in the NRC Environmental Impact Statement prepared in connection with the initial issuance of the license and in subsequent environmental evaluations in connection with license amendments. The environmental effects of NRC activities associated with the supervision of such licensee actions, including NRC approv-al and supervision of the licensee's subsequent resumption of licensed activi-l ties are the same and do not require additional environmental review.

l Although the Comission did not intend i 51.10(d) of its NEPA regulations to be read as if it applied exclusively to the types of enforcement activities specifically enumerated therein, it recognizes that clarification would be helpful. Accordingly, the Commission is promulgating this final rule.

It snould be clearly understood that it has always been contemplated, under i 51.10(d), that when licensee actions to remediate the matters underlying the 5-1 l

l

i enforcement action have been completed to the satisfaction of the Commission.

.the conditions of operation previously reviewed in an environmental context will be restored. Accordingly, when the NRC authorizes licensed activities to resume, no additienal environmental review pursuant to NEPA or the Co, mission's e

regulations is needed. If it should be necessary for the licensee to obtain a license amendment to restore compliance with the Commission's safety require-ments in' order to satisfy the concerns underlying the enforcement action, any environmental effects associated with issuance of the license amendment would either be addressed in an Environmental Assessment or encompassed by a categor-ical exclusion under 10 CFR 51.22(c).

In this way, appropriate consideration of any environmental impact would be assured.

t Because this amendment is merely clarifying and interpretative in nature, relates solely to matters of agency practice and does not involve a significant question of policy, good cause exists for omitting notice of proposed rulemak-ing and public procedures thereon as unnecessary and for making the amendment effective upon publication in the Federal Register without the customary thirty day notice.

Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(2). Therefore, neither an environmental l

impact statement nor an environmental assessment has been prepared for this L

l final regulation.

l 1 !

7_

1 l1 Paperwork Reduction Act Statement This final rule contains no new or amended info-mation collection requirements l

and therefore is not subject to the requirements of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

~

Regulatory Analysis Questions have arisen as to whether 10 CFR 51.10(d), which excludes Comission actions relating to enforcement from the NEPA process, encompasses informal administrative actions such as those described in section V.H. of the Comis-l sion's General Statement of Policy and Procedure for NRC Enforcement Actions, 10 CFR Part 2, Appendix C, i.e., bulletins, infomation notices, generic 1etters, notices of deviation or nonconfomance and confirmatory action let-j l

Section 51.10(d) of the Commission's regulations is not limited to a I

ters.

The f

portion of the Commission's enforcement activities but is all-inclusive.

NRC staff-has a need to assure a unifom understanding of the scope of actions encompassed by this regulation. This rule change revising the text of 5 51.10(d) to make clear that it applies to the entire spectrum of the Commis-sion's enforcement activities is the appropriate means to achieve this end.

Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this final rule because this amendment to 10 CFR 51.10(d) does not contain any provisionswhichimposebackfitsasdefinedin10CFR50.109(a)(1)andthere-fore a backfit analysis is not required.

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5 List of Subjects in 10 CFR Part 51 1

Administrative practice and procedure, Environmental impact statement Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements.

I For the reasons set forth in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, the National Environmental Policy Act of 1969, as amended, and 5 U.S.C. 552 and 533, the NRC is adopting the following amendment to 10 CFR Part 51:

PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMES LICENSING AND RELATED REGULATORY FUNCTIONS The authority citation for Part 51 continues to read as follows:

1.

Sec.161,68 Stat.948,asamended(42U.S.C.2201); secs.

AUTHORITY:

201, as amended. 202, 88 Stat.1242, as amended. 1244(42U.S.C.5841,5842).

Subpart A also issued under National Environmental Policy Act of 1969, secs. 102, 104, 105, 83 Stat. 853-854, asamended(42U.S.C.4332,4334,4335);

and Pub. L.95-604. Title II, 92 Stat. 3033-3041. Sections 51.20, 51.30, 135, 141, Pub. L.

f 51.60, 51.61, 51.80, and 51.97 also f ssued under secs.97-425, 96 Stat. 2232, 2241, and sec.148, Pub. L.100-203,101 Stat.1330-235 (42U.S.C.10155,10161,10168). Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C. 2021) and under Nuclear Sections Waste Policy Act of 1982, sec.121, 96 Stat. 2228 (42 U.S.C.10141). -.

k

,y 51.43, 51.67, and 51.109 also issued under Nuclear Waste Policy Act of 1982

'M sec.114(f), 96 Stat. 2216, as amended (42 U.S.C.10134(f)).

?aragraph (d) of i 51.10 is revised to read as follows:

2.

6 51.10 Purpose and scope of subpart; Application of regulationf of I

Council on Environmental Quality.

(d) Commission actions initiating or relating to administrative or judicial civil or criminal enforcement actions or proceedings are not subject to section 102(2) of NEPA. -These actions include. issuance of notices, orders, and denials of requests for action pursuant to Subpart B of Part 2 of this chapter, matters covered by Part 15 and -

Part 160 of this chapter, and any other. matters covered by Appendix C to Part 2 of this chapter.

Dated at Rockville, Maryland, this /

day of d

1989 For the Nuclear Regulatory Commission Ja es M. Tayloff '

ting ExecutMe Director for Operations - - - _ _..

.