ML20002C844

Delegates Appropriate Authority to Ofc of Nuclear Reactor Regulation.Transmittal Notice,Organization & Functions Section from NRC Manual & Fr Notice Re Domestic Licensing Proceedings Encl

ML20002C844
Person / Time
Issue date:	01/20/1975
From:	Anders W NRC COMMISSION (OCM)
To:	Office of Nuclear Reactor Regulation
Shared Package
ML20002C843	List: ML20002C842 ML20002C844 ML20002C847 ML20002C851
References
NUDOCS 8101120164
Download: ML20002C844 (32)

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NUCt. EAR REGULATORY COMMISSION f

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Director, Office of Nuclear Reactor Regulation b

DELEGATION OF AUTHORITY The Nuclear Regulatory Co:=sission intends to consider and decide upon

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EE tne cost appropriate organizational structure of NRC consistent with the Energy Reorganization Act of 1974, after you and other NRC officers study and report thereon to the Co==ission. Pending such future decision f

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by the Co-4ssion, you are hereby delegated authority to:

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issue, renew, and anend licenses for: construction and operation of'

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utilization facilities and production facilities other than fuel

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reprocessing plants and isotopic enrichment plants required by the Eiff Atomic Energy Act of 1954, as amended, and section 202 (1) and (2)

[.L of the Energy Reorganization Act of 1974, including amendments to "j.ise such licenses with respect to safeguard matters and transportation as within the site boundary, limited work authorizations pursuant to ISO.10(e) of 10 CFR Part 50; operators of utilization facilities f"== ~

and production facilities other than fuel reprocessing plants and isotopic enrich:ent plants; except where the decision rests with an

N Ad=inistrative Law Judge, an Atomic Safety and Licensing Board, an U,,.

Ato:ic Safety and Licensing Appeal Board, or the Conmission after a

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hearing pursuant o 10 CFR Part 2; and for byproduct, source, and 7.1.

special nuclear caterial used or produced in utilization facilities

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and production facilities other than fuel reprocessing plants and f.;.y isotopic enrich =ent plants.

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issue, pursuant to 10 CFR Part 2, notices of the denial or the g

proposed denial of: applications for licenses for utilization g

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facilitics and production facilitics other than fuel reprocessing plants and isotopic enrichcent plants; applications for operator

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licenses for utili:ation facilities and production facilities other f.:.i.i";

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than fuel reprocessing plants and isotopic enrichment plants; and

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applications for acendnent or renewal of such licenses.

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issue amendments to licenses changing the technical specifications t=n E

for utilization facilities and production facilities other than fuel reprocessing plants and isotopic enrichment plants, authorizing k=

changes in the facility or facility procedures, or. authorizing the j

ij.MY conduct of tests and experiments, in accordance with 10 CFR Part 50.

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sake necessary or appropriate action in accordance with decisions l

E of an Administrative Law Judge, an Atomic Safety and Licensing Board, the Ato=ic Safety and Licensing Appeal Board, or the gjj; commission after a hearing pursuant to 10 CFR Part 2.

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execute indemnification agreements with licensees pursuant to sections 170 c, 170 k, 170 1 of the Atomic Energy Act of 1954, as

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consistent with NRC regulations, grant exemption from NRC regulations

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and production facilities other than fuel reprocessing plants and

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isotopic enrichment plants.

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evaluate, as requested, the nuclear safety aspects of proposals to ish build or significantly modify any facility owned by the U.S. Energy E.7 Research and Development Administration exempt from licensing.

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pursuant to AEC-DOD memorandus of understanding dated February 4, 1967, evaluate the nuclear safety aspects of the design of military power, testing, and research reactors e::enpt from licensing; review r=

and evaluate the health and safety aspects of the location and

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. s operation of reactor facilities of the Department of Defense and

?E-their general nuclear safety standards and instructions; and review 95 reports submitted by the Department of Defense in connection with

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F this program including operating reports, inspection reports, safety evaluation reports, and reports of potential health and safety i.

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problems and other significant events or conditions involving; health l

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and safety considerations.

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serve as the principal point of staff contact with the Advisory Co=mittee on Reactor Safeguards for matters within your delegated

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takesuchactionasmayberequiSedtoc'arryoutthefunctions

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assigned pursuant to Sections 2.202, 2.204 and 2.206 of 10 CFR s

!En Part 2 pertaining to utili:stion facilities and production facilities other than fuel reprocessing plants and isotopic

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enrich =ent plants and materials used or produced in such facili-ties, other than action related to any alleged violation of the.

Eg.y Atomic Energy Act of 1954, as amended, the regulations in Title "jjid.

10, Chapter 1 of the Code of Federal Regulations, and any orders "or conditions of licenses.

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'!.454 pursuant to 10 CFR Part 51, prepare and cirediate draft and final ggF 11.

environmental i= pact state =ents and environmental appraisals on

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5 licensing actions within your delegated authdrity.

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reco==end to the Co:sission rules and reguletions on catters

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develop policy options for Co= mission consideration on matters

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within your delegated authority.

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s In exercising the above authority, you may communicate with or report directly to the Commission as provided in Section 209(b) of the Energy

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Reorganization Act of 1974.

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'The above authority may be redelegated. Any redelegation must be made in writing. A copy of any redelegation should be filed with the

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The above delegation will be appropriately reflected in the NRC Manage-

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cent Directives System.

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William A. Anders p=.:

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Form NRC-489 U. S. NUCLEAR REGULATORY COMMISSION g

O NRC MANUAL TRANSMITTAL NOTICE CHAPTER NRC-0123 ORGANIZATION AND FUNCTIONS OFFICE OF NUCLEAR REACTOR REGULATION SUPERSEDED:

TRANSMITTED:

Number Date Number Date TN 0100-41 Chapter Chapter Page Page Appendix NRC-0123 5/23/80 Appendix NRC-0171 9/8/80 Part II, pg.3 Part II, pg.3 REMARKS:

NRC Appendix 0123, Section F, is revised to add a delegation of authority for the Director, Division of Licensing.

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NRC-0123-022 OFFICE OF NUCLEA3 REACTOR REGULATION 022 r: views, evaluates, and makes safety findings on problems and X

incidents that result from the construction and operation of production and Q

utilization facilities other than fuel reprocessing plants and isotopic enrichment plants subject to licensing.

023 develops and administers policies, programs, and procedures for implementation of the Commission's policy on standardization (10 CFR Part 50, Appendixes M, N, and O) of production and utilization facilities other than fuel reprocessing plants and isotopic enrichment plants; and reviews, evaluates, and processes applications for licenses and amendments to such licenses in accordance with such policies.

024 develops and administers programs, as delegated, for:

a.

antitrust review of license applications for production and utilization facilities and related compliance; b.

financial protection requirements for licensees, and indemnification of licensees and others against public liability claims arising out of nuclear incidents (Price-Anderson).

025 approves applicants' programs for safeguarding nuclear material within the site boundary involving any license for a production and utilization facility other than fuel reprocessing and isotopic enrichment plants.

026 evaluates, as requested, the nuclear safety aspects of proposals to build or significantly modify any DOE-owned reactor, reactor-related facility, or 1,

other system exempt from licensing.

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027 evaluates, as requested, the nuclear safety aspects of the design of Departmen. of Defense power, testing, and research reactors exempt from

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licensing; reviews and evaluates the health and safety aspects of the location and operation of reactor facilities of the Department of Defense (DOD) and their general nuclear safety standards and instructions; and reviews reports submitted by the DOD. in connection with this program including operating reports, inspection reports, safety evaluation reports, and reports of potential health and safety problems and other significant events or conditions involving health and safety considerations.

028 provides advice and assistance to the Office of Standards Development' in the development of standards, guides, and code,s,.

029 serves as the principal point of contact for the NRC with the Advisory Committee on Reactor Safeguards for matters under review by the Office.

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Approved: July 21,1978 Reprinted: November 26, 1979

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6 U.S. NUCLEAR REGULATORY COMMISSION NRC MANUAL Volume: 0000 General Administration Part : 0100 Organization NRR CHAPTER 0123 ORGANIZATION ANO FUNCTIONS OFFICE OF NUCLEAR REACTOR REGULATION 0123-01 SUPERVISION Under the supervision of a Director who reports to the Executive Director for tion Act of 19"6,,.the, Direc1cc.may.. communicate.with.or" rep'oF{gy Reorgan Operations. However,-consistent with Section 209 of. the Ener

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dire ~ctly to the'

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ComTmis,sTinMen. he4 ems-it -necessary 4F ea rry--ou t-.. his -. res p onsibilitie r.

IGeh case-the--Director-"shall*keetFthe-Exsdutive-D&edfor for' Operation's' fully and. currently--infonned con ~cerning the content of all such-direct-communications--with-the Commission.

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0123-02 FUNCTIONS Administers regulations governing the licensing of:

a.

production and utilization facilities other than fuel reprocessing plants and isotopic enrichment plants.

b.

operators of production and utilization facilities other than fuel reproces. sing plants and isotopic enrichment plants.

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the receipt, possession, ownership ud use of special nuclear and j

byproduct material used or produced in utilization and production facilides other than fuel reprocessing plants and isotopic enrichment plants.

Provides special assistance as requested inc matters involving reactors or critical facil.ities exempt from licensing; and performs other functions required for implementation of NRC's licensing program such as those delegated involv-ing antitrust and idemnity matters and the conduct of environmental impact reviews. Specifically, the Office:

021 reviews, evaluates, and processes applications for licenses and t

l amendments to such licenses for the construction and operation of production and utilization facilities other than fuel reprocessing plants and isotopic enrichment plants subject to licensing; and applications for such facility operator Ifcenses.

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Approved: November 26, 1979 M

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i ORGANIZATION AND FUNCTIONS NRC-0123-033 OFFICE OF NUCLEAR REACTOR REGULATION f

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Part 2.

This authority may include the licensing of byproduct, source,

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and special nuclear material used or produced in utilization and produc-tion facilities other than fuel reprocessing and isotopic enrichment plants.

033 issue, pursuant to 10 CFR Part 2, notices of the denial or the y

proposed denial of:

applications for licenses for utilization and production facilities other than fuel reprocessing plants and isotopic I

enrichment plants; applications for operator licenses for utilization and production facilities. other than fuel reprocessing plants and isotopic enrichment plants; and applications for amendment or renkwal of such licenses.

i 034 issue amendments to licenses changing the technical specifi-j cations for utilization and production facilities other than fuel repro-j cessing plants and isotopic enrichment plants, authorizing changes in the facility or facility procedures, or authorizing the conduct of tests and experiments, in accordance with 10 CFR Part 50.

j 035 take necessary or appropriate action in accordance with deci-sions of an Administrative Law Judge, an Atomic Safety and Licensing 3

Board, the Atomic Safety and. Licensing Appeal Board, or the Commission 5

y after a hearing pursuant to 10 CFR Part 2.

d 036 carry out antitrust reviews of license applications for nuclear facilities, pursuant to Section 105 of the Atomic Energy Act of 1954, as amended, and 10 CFR Part 50, and assure that activities under facility 1

licenses would not create or maintain a situation inconsistent with the

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antitrust laws specified in Section 105a.

.x 037 execute indemnification agreements with licensees pursuant to 1

sections 170 c., 170 k., 1701., of the Atomic Energy Act of 1954, as amended.

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038 consistent with NRC regulations, grant exemptions from NRC f regulations or impose special conditions on licensees of utilization and J

production facilities other than fuel reprocessing plants and isotopic j

( enrichment plants.

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039 pursuant to provisions of 10 CFR sections 2.202, 2.204, and 2.206, issue orders for imposing requirements, and other appropriate orders for modification, suspension, and revocation of licenses, con-d cerning:

(a) the manufacture, construction, and operation of utilization and production facilities other than fuel reprocessing plants and isotopic 1

enrichment plants and materials used or produced in such facilities; (b) poperators of such facilities, 2d (c) use of source, byproduct and special i

nuclear materials, except where the decision rests with an Administrative Law Judge, an Atomic Safety and Licensing Board, the Atomic Safety and

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ORGANIZATION AND FUNCTIONS J

OFFICE OF NUCLEAR REACTOR REGULATION NRC-0123-0210 1

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0 210 develops procedures to assure the timely scheduling, review,

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and processing of all matters under review by the Office.

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0 211 cooperates with State and other Federal agencies in the parallel j

processing of licenses as noted above.

o 0212 identifies research needs required for above programs.

0 213 prepares and processes environmental impact statements perti-nent to reactor licensing activities.

7 0 214 performs such other functions as.may.be assigned by the

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1 0123-03 DELEGATION OF AUTHORITY TO THE DIRECTOR '

The Director is authorized and directed to:

031 take such action as is necessary to carry out the functions assigned by this chapter or other official directives or communications, i

subject to the limitations prescribed therein. (Delegations of authority i

for specific actions and applicable limitations are contained in manual chapters or other directives covering specific subjects.

In addition, 1

delegations of authority for actions no.t within the scope of other manual j

chapters or other directives are given in succeeding paragraphs in this section.)

1 032 take action to:

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issue, renew, and amend licenses for manufacture, construc-c tion, and operation of utilization and production facilities other than fuel reprocessing plants and isotopic enrichment plants required by the Atomic Energy Act of 1954, as amended; V

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sections 202(1), 202(2), and 203 of the Energy Reorganization Act of 1974; and 10 CFR Part 50, including _amendmante to such l

licenses with respect to safeguards matters and transportation

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issue, renew and amend licenses for operators of utilization and production facilities other than fuel reprocessing plants and Jl isotopic enrichment plants; and

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issue and amend limited work authorizations pursuant to 10 CFR l

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except where the decision rests with an Administrative I.aw Judge, an Atomic Safety and Licensing Board, the Atomic Safety and Licensing t

Appeal Board, or the Commission, after a hearing pursuant to 10 CFR

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i ORGANIZATION AND FUNCTIONS NRC-0123-051 OFFICE OF NUCLEAR REACTOR REGULATION

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t 051 Such redelegation must be made in writing and a copy filed with the Executive Director for Operations and the Office of Management and Program Analysis.

052 The Director must stipulate any limitations on further redele-gations of authority which the Director redelegates.

0123-06 ORGANIZATIONAL STRUCTURE AND INTERNAL ASSIGNMENTS Organization charts showing internal organization of the Office and a

statements of functions of the subdivisions of the Office are issued as Appendix Parts I and II.

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4 ORGANIZATION AND FUNCTIONS

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OFFICE OF NUCLEAR REACTOR REGULATION NRC-0123-0310 Licensing Appeal Board, or the Commission after a hearing pursuant to,n_

the Act and 10 CFR Part 2, other than action related to any alleged

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violations of the Atomic Energy Act of 1954, as amended, the regulations /

in 10 CFR Chapter.1, and any orders or conditions of licenses.

0310 pursuant to 10 CFR Part 51, prepare and circulate draft and final environmental impact statements and environmental appraisals on licensing actions within delegated autLority.

0311 evaluate, as requested, the nuclear safety aspe'ets of proposals to build or significantly modify any DOE-owned reactor, reactor-related facility, or other system exempt from licensing.

J 0312 serve as the principal point of contact for the NRC with the Advisory Committee on Reactor Safeguards for matters under review by the Office.

0313 evaluate as requested the nuclear safety aspects of the design of Department of Defense (DOD) power, testing, and research reactors exempt from licensing; review and evaluate the health and safety aspects of the location and operation of reactor facilities of the Department of f

1 Defense (DOD) and their general nuclear safety standards and instruc-i tions; and review reports submitted by the DOD in connection with this program including operating reports, inspection reports, safety evalua-9 tion reports, and reports of potential health and safety problems and other significant events or conditions involving health and safety considerations.

recommend to the Commission rules and regulations 0314_

pohey options for, Commission consideration on matters within delegated pv,

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0315 perform, on behalf of the NRC, all functions of the Federal

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" Agency Official," as that term is defined in 36 CFR Part 800, and 1

execute, on behalf of the NRC, such Memoranda of Agreement as are pre-scribed by those procedures.

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0123-04 DELEGATON OF AUTHORITY TO THE DEPUTY DIRECTOR

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The Deputy Director is authorir!sd and directed to act in the stead of the Director during the absence of tne Director.

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0123-05 REDELEGATION OF AUTHORITY BY THE DIRECTOR

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The Director may, except where expressly prohibited, redelegate to others authority delegated to the Director by this or other official directives or communications, subject to the limitations stated below and to such other stipulations as the Director may deem necessary.

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ORGANIZATION AND FUNCTIONS i

OFFICE OF NUCLEAR REACTOR REGULATION NRC Appendix 012:

PART 1 ORGANIZATIONAL CHART OFFICE OF NUCLEAR REACTOR REGULATION 1

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ANTITRUST AND PROGRAM SUPPORT INDEMNITY GROUP BRANCH 1

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DIVISION OF DIVISION OF DIVISION OF SITE SAFETY AND DIVISION OF q

OPERATING PROJECT ENVIRONMENTAL SYSTEMS SAFETY i

REACTORS MANAGEMENT ANALYSIS

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ORGANIZATION AND FUNCTIONS NRC Appendix 0123 OFFICE OF NUCLEAR REACTOR REGULATION DIVISION

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& OPERATIONS WATER REACTORS AND (FINANCIAL

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d A/D FOR A/D FOR A/D FOR A/D FOR ENVIRONMENTAL ENVIRONMENTAL SITE ANALYSIS SITE TECHNOLOGY

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h COST BENEFIT HYDROLOGY ENVIRONMENTAL TR TMENT METEOROLOGY ANALYSIS PROJECTS SYSTEMS BRANCH 2 BRANCH BRANCH BRANCH ny 1

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ORGANIZATION AND FUNCTIONS NRC Appendix 0122 OFFICE OF NUCLEAR REACTOR REGULATION 1

4 DIVISION

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OF SYSTEMS SAFETY 1

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1 MECHANICAL REACTOR AUXILIARY SYSTEMS SYSTEMS ENGINEERING i

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MATERIALS CORE CONTAINMENT SYSTEMS PERFORMANCE ENGINEERING 1

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STRUCTURAL ANALYSIS

& CONTROL SYSTEMS i ENGINEERING BRANCH BRANCH 4

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1 ORGANIZATION AND FUNCTIONS

-1 OFFICE OF NUCLEAR REACTOR REGULATION NRC Appendix 0123

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DISTRIBUTION OF FUNCTIONS f)

A.

THE DIRECTOR:

Develops and administers regulations, policies, a:)d procedures 1.

goverdmg:

a the licensing of manufacturing, production and utilization M

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i facilities other than those concerning fuel reprocessing 1

plants and isotopic enrichment plants; s

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source, byproduct, and special nuclear material used or produced at such facilities; and j

the licensing of operators of such facilities.

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Reviews reactor safety aspects of proposed berthing of nuclear j

powered vessels.

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3.

Provides special assistance as required in matters involving facilities exempt from licensing and performs other functions required for implementation of the licensing program.

B.

THE DEPUTY DIRECTOR:

Assists the Director in the accomplishment of Office functions, an.1 i

oversees direction of management activities related to the Office's assigned missions. During the absence of the Director, acts for the Director with full and complete responsibility for the activities of the

'l Office.

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THE CHIEF, PROGRAM SUPPORT BRANCH:

.=j Assists the Director in the planning, coordination, direction and execution of the admmistrative affairs of the Office. Administers the j

Office's activities in the areas of contractual arrangements and agreements; budget formulation; fiscal management; management surveys; management directives; personnel administration, develop-

'i ment and training; and general office services. Provides technical assistance, new program development and support to the Director in

]j evaluating proposed office activities or positions and in the administration of highly technical and diversified licensing projects.

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Responsible for the porting reviews of nuclear-powered vessels.

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THE CHIEF, ANTITRUST AND INDEMNITY GROUF:

J Establishes and athninisters delegated NRC functions as required to -

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carry out (1) antitrust reviews of license applications for nuclear i

facilities, including responsibility for compliance with license j

conditions pertaining to antitrust matters; and (2) the indemnifica-

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tion of licensees against public liability claims arising out of nuclear

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incidents. The Chief, Antitrust and Indemnity Group, is authorized to execute indemn2fication agreements with licensees pursuant.to__.

i sections 170 c.,170 k., and 1701., of the Atomic Energy Act of 1954, as amended.

i The Chief, Antitrust and Indemnity Group, is delegated the author-ity contained in Chapter NRC-0123, subsections 036, 037 and 024.

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The Economics Section reviews, investigates, and evaluates existing and potential anticompetitive activities by applicants e

a for nuclear power plants; prepares testimony relating principles of competition and monopoly to factual situations in each antitrust case, and furnishes technical assistance on economic aspects of theories applicable to investigations and development i

of antitrust cases; and prepares industry studies, analyzes i

broad economic issues and assists in antitrust policy

.s formulation.

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The Power Supply Analysis Section investigates and evaluates

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power supply and intersystem coordination activities by appli-g cants for nuclear power plants and prepares testimony relating 1

thereto; assesses potential license conditions and their impact, 1

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including need for power in the affected area; provides

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i technical assistance on engineering and power supply aspects of antitrust cases; and carries out compliance activities with

.j respect to antitrust license conditions.

4 E.

THE DIRECTOR, DIVISION OF OPERATING REACTORS:

5 Directs and administers the regulatory program for all reactor 1

facilities IIcensed for operation, the evaluaton of applications and J

issuance of construction pemits and op"eratimr licenses for nonpower 1

reactors and the evaluauon of operational and design modifications of 9

DOE-and DOD-owned operating facdities exempt from licensing, as requested; directs and supervises the processing of applications for 4

licens ents for all licensed reactor facilities; issues, denies

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and amends permits and licenses for nonpower reactorsN amen erating power reactor lic_enses; directs and administers the systemauc evaluauon propam engaged in the overall technical safety review and evaluation in support of the re-review of operating b

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ORGANIZATION AND FUNCTIONS NRC Appendix 0123 OFFICE OF NUCLEAR REACTOR REGULATION Part II reactors; and directs and administers the program of reactor safeguards development and licensing review with respect to 9

industrial security at all production and utilization facilities other than fuel reprocessing plants and isotopic enrichment plants.

j J

The Director, Division of Operating Reactors, is delegated the l

authorities defined in Chapter NRC-0123, subsections 032 a., 033, n

034, 035,.038, 039, 0311, 0312, 0313 and 021, 022, 025, 026, 027, 028, j

029, 0210, 0211 and 0212.

i THE DEPUTY DIRECTOR, DIVISION OF OPERATING REACTORS:

i Assists the Director in the accomplishment of Division functions and i,

acts for the Director in his absence.

1.

The Assistant Director for Systems and Projects plans and S

directs the technical safety review and evaluation of licensed 1

operating pow 2r reactors, licensed test, research and critical facilities, and the review of proposed amendments to operating i

licenses; the evaluation of operational safety and design modifications of DOE-and DOD-owned reactors exempt from 3

licensing; the technical safety review and evaluation of reactor 1

systems and plant systems; the technical review of applications

,l

-a and issuance of construction pennits and operating licenses for nonpower reactors.

3 a.

The Operating Reactors Branch I performs the overall j

project management for assigad licensed power operating L.

reactors including review of technical and procedural 1) aspects involving proposed amendments to operating d

licenses.

1 j

b.

The Operating Reactors Branch 2 performs overall coor-1 dination and project management, including technical and

,Jj procedural aspects, involving proposed amendments for those operating power reactors which are under re-review q

as part of the NRC's program to systematically evaluate

,1 the margins of safety of the design and operation with I

.h respect to current licensing requirements.

Q The Systematic Evaluation Program Branch performs multi-c.

ple discipline technical evaluations of older operating 1

power facilities to reconfirm and document their safety and i

to determine the extent to which they meet current 9

licensing requirements. Bases may be established requir

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ing plant or procedural modifications for selected facilities for particular safety considerations.

i 0 1

9 Approved: July 21,1978

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- s d.

The Reactor Safety Branch performs engineering safety reviews, analyses and evaluations of the reactor coolant systems, engineered safety features, and accidents and transients for all reactor facilities licensed for operation; evaluates applications for construction permits and operating licenses for nonpower reactors and evaluates the operational and design modifications of DOE-and DOD-owned operating facilities exempt from licensing as requested.

e.

The Plant Systems Branch performs the technical safety review and evaluation of modifications to plant systems for all ~ reactor facilities licensed for operation, of all appilcations to construct and operate nonpower reactors, and, as requested, of operational and design modifications of DOE-and DOD-owned reactor facilities exempt from licensing; performs technical safety review and evaluation of containment systems, power conversion systems,

auxiliary systems, electrical systems, control systems and j

all other safety-related instrumentation for the above facilities.

j 2.

The Assistant Director for Engineering and Projects plans and directs the safety and environmental reviews of licensed

/

operating power reactors, licensed test, research and critical s ~

facilities, and the review of proposed amendments to operating licenses; the evaluation of operational safety and design modification of DOE-and DOD-owned reactors exempt from 1

licensing; the technical evaluation of the engineering and j

environmental aspects of applications for license amendments for all licensed reactor facilities; the terhr+al review of applica-tions and issuance of construction permits and operating l

licenses for nonpower reactors. Supervises the Standard Tech-nical Specification Group which develops and implements stand-ard technical specifications for nuclear power plants, research 1

and test reactors.

The Operating Reactors Branc1f 3 performs the overall a.

project management for assigned licensed power operating reactors including review of technical and procedural aspects involving proposed amendments to operating licenses.

b.

The Operating Reactors Branch 4 performs the overall

, project management for assigned licensed power and non-power operating reactors including review of technical and procedural aspects involving proposed amendments to operating licenses and the processing of applications for construction. permits and operating licenses for test reactors and critical facilities.

l Approved: July 21,1978 10 l

I

O' RGANIZATION AND FUNCTIONS NRC Appendix 0123 h

OFFICE OF NUCLEAR REACTOR REGULATION Part II o..

O 1.

The Resources and Scheduling Branch develops and maintains data and records on priorities, schedules and assignments of NRR resources and of the status of all projects and tasks; performs long-and short-range program planning, resource forecasting, budget preparation and coordination, manpower 'and program support resource management, auditing of performance against established goals and objectives.

2.

The Management Analysis Branch manages all personnel administra-tion matters; performs management and organizational studies and prepares proposals thereon; recommends, prepares and reviews

~ management and administrative operating procedures, policies and directives; implements procedures for fiscal control of all program support and travel resources; develops and implements procedures and models for analyzing and presenting NRR staff and program support expenditures; manages the personnel development and training function; controls and coordinates correspondence, FOIA requests, action items and records management.

3.

The Technical Support Branch provides technical coordination and oversight for resolution of si,ecial technical problems and those which involve more than one division and other offices; provides technical assistance to the Director of NRR; serves as the staff interface with the ACRS; recommends and develops improvements to the licensing program; provides overall review, coordination, alloca-O tion and management of the NRR technical assistance program includ-ing development of procedures for resource control; establishes and coordinates Office procedures for contracting and interagency agree-ments; responds to correspondence and Commission actions of a general nature; prepares and coordinates NRR inputs to the NRC Annual Report.

F.

THE DIRECTOR, DIVISION OF LICENSING Directs and administers the licensing process for all utilization and pro-s duction facilities, other than fuel reprocessing and isotopic enrichment plants, including safety and environmental evaluations of power and non-power reactors required to be licensed and facilities licensed for operation.

Directs the evaluations of defiign, operation and modification of DOE-and DOD-owned facilities exempt from licensing, as requested.

Directs and supervises the processing of applications and petitions for license amendments for all licensed reactor facilities. Develops related i

policies, procedures and programs and assures proper implementation.

Issues, denies and amends aH limited work authorizations permits and licenses for power and non-power reactors. Serves as NRR coordination with the Office of Inspection and Enforcement.

The Director, Division of Licensing, is delegated the authorities defined in Chapter NRC-0123, Subsections 021a, 022, 023, 025, 026, 0210, 0212.

032a, 032c. 033a, 033c, 034, 035, 038,039 (only for orders pursuant to 10 CFR 2.202 and 2.204), 0310, 0311 and 0313.

3 Approved: September 8, 1980

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THE DEPUTY DIRECTOR, DIVISION OF LICENSING Assists the Director in the accomplishment of Division functions and acts for the Director in his aL=ence.

1.

The Assistant Director for Operating Reactors plans and directs the safety and enviornmental reviews of licensed operating power reactors and the review of proposed amendments to operating licenses. Supervises the programs and acitvities of the Operating Reactors B ranches.

Assists the Director in administering the

.I Division's prograzes.

The Operating Reactors Branches 1-4 > ?r.* en me 'verall safety and environmental project management 4r usigned licensed operating power reactors, including m12w of technical and procedural aspects invclving proposed suendments to operating licenses.

2.

The Assistant Director for Licensing plans and directs the program i

for safety and environmental review and evaluation of applications for limited work authorizat ans, construction permits, operating licenses, preliminary and unal standard design approvals, early site approvals and topical report approvals. Evaluates design,

operation and modification of test, research and critical facilities, Naval reactors, DOE-and DOD-owned facilities exempt from licens-ing, and advanced reactor concepts. Supervises the programs and activities of the Licensing and Standardization and Special Projects Branches.

Assists the Director in administering the Division's T '.

programs.

a.

The Licensing Branches 1-3 perform the overall safety and environmental project management for assigned power reactor limited work authorization, construction permit and operating license applications.

b.

The Standardization and Special Projects Branch performs the overall safety and environmental project management for assigned preliminary and final standard design approval, early site approval, topical report approval, research and test reactor and critical facility applications. Performs similar functions for Naval reactors, advanced reactor. concepts and DOE-and DOD-owned facilities exempt from licensing. Provides the NRR interface and coordination with NMSS on reactor safeguards matters; conducts porting reviews of nuclear-powered vessels.

3.

The Assistant Director for Safety Assessment plans and directs the safety and environmental reviews of licensed operating power reactors undergoing systematic re-review and the technical evalua-tion of proposed routine operating license amendments. Supervises the programs and activities of the Operating Reactors Branch 5, the Systematic Evaluation Program Branch and the Operating Reactors Assessment B ranch.

Assists the Director in administering the Division's programs.

i Approved: May 23,1980 4

l Reissued: September 8, 1980 i

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ORGANIZATION AND FUNCTIONS NRC Appendix 0123 OFFICE OF NUCLEAR REACTOR REGULATION Part II

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c.

The Engineering Branch performs evaluation of structural and mechanical components for all reactor facilities licensed for operation; evaluates applications for con-struction permits and operating licenses for nonpower reactors and evaluates the operational and design modifi-cations of DOE-and DOD-owned operating facilities exempt from licensing, as requested.

d.

The Environmental Evaluation Branch performs the safety and environmental reviews and evaluates modifications to systems for all reactor facilities licensed for operation, of all applications to construct and operate nonpower reactors, and, as requested, of operational and design modifications of DOE-and DOD-owned reactor facilities exempt from licensing; evaluates radioactive waste treat-ment methods and effluents, radiological accident analyses, radiation protection, emergency plans, and j

overall environmental assessments and analyses.

I i

3.

The Assistant Director for Reactor Safeguards plans, directs and administers the NRR reactor safeguards program; and pro-

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vides management direction and supervision to the Reactor Ir; Safeguards Licensing Branch and the Reactor Safeguards j {,'

Development Branch.

a.

The Reactor Safeguards Licensing Branch reviews safeguard-related sections of PSAR's and FSAR's; reviews applicants' physical security plans and contingency plans; reviews amendments to these plans for operating reactors; participates in operating reactors re-reviews; and directs technical assistance programs.

t b.

The Reactor Safeguards Develocment Branch develops reactor safeguards policy recommendations; develops and j

analyzes new regulatory requirements involving l

safeguards; coordinates research and development a

programs; develops evaluation criteria for use in the i

l licensing function; identifies and initially develops required standaids; and prepares and maintains NRR/IE reactor safeguards response plans.

F.

THE DIRECTOR, DIVISION OF PROJECT MANAGEMENT:

Directs and administers the reactor licensing process for all utilization and production facilities, other than fuel reprocessing and isotopic enrichment plants, including safety evaluations in connection with facilities required to be licensed, including amendments, emergency plans, quality assurance and transportation within the i

.1 site boundary, operator licenses, and as requested, on facilities l

1 11 Approved: July 21,1978 i

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NRC Appendix 0123 ORGANIZATION AND FUNCTIONS Part II CFFICE OF NUCLEAR REACTOR REGULATION

]

s owned by DOD.

Develops related policies,

procedures and programs, and assures proper implementation.

Issues, denies and amends all pemits and licenses through full power operating license issuance for above facilities; issues, denies, and amends all operator licenses; issues, denies, and amends limited work authorizations.

The Director, Division of Project Management, is delegated the authorities defined in Chapter NRC-0123, subsections 032, 033, 034, 035, 038, 039, 0311, 0312, 0313, 0315 and in 021, 022, 023, 026, 027, 028, 029, 0210, 0211, and 0212.

THE DEPUTY DIRECTOR, DIVISION OF PROJECT MANAGEMENT:

Assists the Director in the accomplishment of Division functions and acts for the Director in his absence.

1.

The Assistant Director for Light Water Reactors plans and directs the program for safety review, analysis, and evaluation i

of applications for construction permits and operating licenses and performs similar functions for certain reactors exempt from i

licensing; evaluates technical specifications for these reactors; evaluates operational safety and design modification of DOD-owned reactors exempt from licensing.

The Light Water Reactors Branchs 1-4 analyze, evaluate

~

and manage the safety aspects of applications for con-struction permits, operating licenses and standard plant designs; perform similar functions for DOD-owned reactors exempt from licensing; evaluate technical specifications for these reactors.

2.

The Assistant Director for Standardization and Advanced Re-actors plans and directs the Commission's Standardization pro-4 gram and the project management functions for standard plant I

design reviews and for review of applications for construction i

permits, operating licenses and amendments, and licensability l

reviews for fast breeder, gas-cooled and other advanced power reactors; plans and directs reviews of military and non-military.

4 nuclear propulsion and power systems and nuclear-related facilities; plans and directs safety reviews of certain aspects of

~

fast breeder, gas-cooled and other advanced reactor concepts.

Develops and implements standardization pol'cy and procedures.

The Standardization Branch coordinates the Standardiza-n.

tion program including development and wplementation of policies and procedures and the project management func-tions associated with safety - reviews for approval of designs of standard plants and major portions thereof, plant systems and components; provides project N

management functions for reviewing design, construction I

J Approved: July 21,1978 12 e

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ORGANIZATION AND FUNCTIONS NRC Appendix 0123 g

OFFICE OF NUCLEAR REACTOR REGULATION Part II i

and operation of licensed nuclear power reactors and for other military and non-military government nuclear systems and facilities, as assigned.

b.

The Advanced Reactors Branch evaluates design and performance of fast breeder, gas-cooled and other advanced reactor concepts; manages safety reviews of applications to construct and operate such reactors; performs licensability evaluations of advanced reactor concepts; reviewc and evaluates advanced reactors exempt from licensing, including technical specifications for such reactors.

3.

The Assistant Director for Quality Assurance and Operations plans and directs programs for the review of license applica-tions to assure compliance with quality assurance criteria as applied to design, fabrication, construction, operation and 2

maintenance of nuclear power plants; for evaluation of the i

adequacy of applicants' plans for actions in the event of radiological emergency; for examination and licensing of senior reactor operators and reactor operators; for review of applicants' financial qualifications.

y-The Financial Review Staff reviews financial qualifications. of Lj reactor license applicants and licensees; prepares hearing testimony on financial qualifications; and specifies license conditions to assure utility commitments for construction and

(,

operation of plants.

i a.

The Operator Licensing Branch examines and licenses candidates for reactor operator and senior operator licenses; develops qualifications requirements, testing techniques, and standards for evaluation of candidates; and approves the operator requalification program.

3 I

b.

The Quality Assurance Branch reviews reactor license i

applications to assure compliance with Commission quality l

assurance criteria during plant design, construction and j

operation; and evaluates technical and administrative competence of reactor operating organization for the 3

l protection of the public health and safety; evaluates adequacy of preoperational and startup test programs.

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c.

The Emergency Planning Branch reviews and evaluates

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j reactor site plans regarding radiological emergencies; i

evaluates and specifies license conditions related to these areas; and performs a coordinating role in the area of state emergency plans with the Office of Nuclear Material 3

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Safety and Safeguards, the Office of State Programs, and l

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other Federal and State agencies.

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13 Approved: July 21,1978 i

4

NRC Appendix 0123 ORGANIZATION AND FUNCTIONS

' Part II OFFICE OF NUCLEAR REACTOR REGULATION

.i G.

THE DIRECTOR, DIVISION OF SITE SAFETY AND ENVIRONMENTAL ANALYSIS:

Directs and administers the program for safety and environmental evaluations of proposed and existing sites for naclear facilities. The program encompasses the suitability of proposed sites with respect to radiological safety considerations and the assessment of the environmental impacts of construction and operation of nuclear facilities including the preparation and processing of environmental impact statements for such facilities.

Issues, denies or amends limited work cuthorizations.

The Director, Division of Site Safety and Environmental Analysis, is delegated the authorities defined in Chapter NRC-0123, subsections 032 c., 0310, 0315, and 028, 0210, 0211, 0212, 0213.

THE DEPUTY DIRECTOR, DIVISION OF SITE SAFETY AND

.i ENVIRONMENTAL ANALYSIS:

f Assists the Director in the accomplishment of Division functions and acts for the Director in his absence.

j 1.

The Assistant Director for Environmental Profects plans and directs the program for assessing the environmental impact of construction and operation of reactor facilities proposed for J

licensing and for the preparation and processing of environ-mentalimpact statements for such facilities.

The Environmental Profect Branches 1 and 2

review, evaluate, and manage all NRC activities pertaining to the environmental evaluation and processing of applicatiops for construction permits and operating licenses for reactors; directs and manages environmental and site suitability review activities for early site reviews.

i I

2.

The Assistant Director for Site Analysis plans and directs the Division's program for safety and environmental evaluations of proposed applications for construction permits and operating licenses for nuclear facilities with respect to the physical location of the proposed site, the potential radiological effects to the public of routine operation and postulated accidents, the i

program for radiation protection of the plant work force to I

assure that exposures are ALARA, the radioactive waste treatment systems and plant systems to reduce radiological and environmental effects; conducts and supervises reviews of population distribution, fission product removal system designs, radiological exposure pathways, accident assumptions, and area hazards to the safe operation of the facility.

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Approved:

July 21,1978 14 e

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ORGANIZATION AND FUNCTIONS NRC Appendix 0123 OFFICE OF NUCLEAR REACTOR REGULATION Part II a.

The Accident Analysis Branch reviews and evaluates design and performance of contamment spray systems, and secondary containment systems for fission product removal effectiveness; reviews and evaluates control rooms for habitability under postulated radiological r.nd toxic release conditions, reviews and evaluates capability of plant to safely withstand postulated turbine failures, tornado and other missiles from causes external to the facility; evaluates risks associated with nearby industrial, transportation and military facilities; develops models for and performs calculations of radiological consequences of the spectrum of postulated accidents for both environmental statements and safety evaluations; develops criteria for and performs evaluations of suitability of proposed and alternate sites from the standpoint of population and land use.

b.

The Effluent Treatment Systems Branch reviews reactor i

, license applications to evaluate plant systems and equip-ment for fission product removal, and the treatment of radioactive wastef and process and effluent monitoring systems, including the development of analytical models, I

s assumptions, and calculation methods for evaluating the

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effectiveness of proposed systems.

c.

The Radiological Assessment Branch reviews reactor license applications to evaluate the radiological impact of the facilities on the environment, including all potential j

pathways for radiation exposure to man, and to determine the adequacy of the program for radiation protection of the plant work force, to keep radiation exposures ALARA.

Develops analytical models, assumptions and calculational

.i methods to support these reviews, and in support of other NRC offices regarding the protection of the health and safety of the work force and population related to nuclear fuel cycle facilities.

n 3.

The Assistant Director for Environmental Technologv plans and directs the Division's program for the technical review and evaluation of the nonradiological environmental impact and benefits and costs of proposed nuclear power reactor facilities.

)

a.

The Environmental Specialists Branch provides specinhzed technical capabilities in the areas of water quality engineering, aquatic and terrestrial ecology, and land use assessments; provides technical overview of NRC contractors in the preparation of Environmental State-N.

ments; interfaces with other NRC divisions and Federal, and State agencies in the resolution of generic and case-I related environmental issues; identifies NRC research 15 Approved: July 21,1978 1

i

f NRC Appendix 0123 ORGANIZAT!ON AND FUNCTIONS Part II OFFICE OF NUCLEAR REACTOR REGULATION

)

needt and monitors research activities; develops guides for the preparation of environmental reports and state:nents.

~

b.

The Cost-Benefit Analysis Branch provides specialized technical capabilities m the areas of socioeconomic impacts and the benefits and costs of nuclear facilities; provides technical overview of NRC contractors in the preparation of Environmental Statements; interfaces with other NRC divisions and Federal and State agencies in the resolution of generic and case-related environmental issues; identifies NRC research needs and monitors research activities; develops guides for the preparation of environ-mental reports and statements.

4.

The Assistant Director for Site Technology plans and directs the Division's program for safety and environmental evaluations of proposed sites for nuclear facilities with respect to the j

physical characteristics of the proposed area.

Reviews meteorology, seismology, geology, hydrology, and geotechnical g

engineering aspects of the proposed facilities.

l The Geosciences Branch performs the technical review and I

a.

evaluation of the acceptability of proposed nuclear power sites with respect to the seismological, geological and v

geotechnical engineering aspects of the site; directs the analytical effort of consultants and assesses their input in

}

the preparation of appropriate portions of -the site selection of safety evaluation reports; identifies areas in i

l which appropriate earth science methodology needs further research and development; and assists in developing l

programs required to fill these needs.

'j b.

The Hydrologv-Meteorology Branch performs the technical review and evaluation <d the acceptability of proposed nuclear power sites with respect to hydrologic engineer-ing, coastal engineering and meteorological characteristics I

of the proposed reactor site; directs the analytical effort of consultants and assesses their input in the preparation l

l of the hydrology and meteorology section of safety 4

evaluation and environmental reports. Identifies areas in l

which the hydrological or meteorological methodology needs further research and development; assists in developing licensing, standards and research programs required to fill these needs.

H.

THE DIRECTOR, DIVISION OF SYSTEMS SAFETY:

j m

Directs and administers the detailed safety reviews and evaluations g

C.-

of nuclear power reactor applications through the operating license l

l 16 l

Approveli: July 21,1978 O

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(~

OFFICE OF NUCLEAR REACTOR REGULATION Part II stage. Develops and administers related safety programs and poli-cies governing the licensing and authorization of nuclear reactors other than for export.

The Director, Division of Systems Safety, is delegated the authori-ties defined in Chapter NRC-0123, subsections 023, 028,,0212.

THE' DEPUTY DIRECTOR, DIVISION OF SYSTEMS SAFETY:

Assists the Director in the accomplishment of Division functions and

~

acts for the Director in his absence.

1.

The Assistant Director for Reactor Safety plans and directs the Division program for the review, analysis and evaluation of reactor plant safety systems designs pertaining to licensing (construction and operation) of nuclear power plants and 1

provides technical bases for guides and standards.

I a.

The Reactor Systems Branch reviews and evaluates the design and performance of reactor thermal-hydraulic systems, reactor coolant systems and emergency core cooling systems and associated auxiliary systems.

i

/

b.

The Core Performance Branch reviews,

develops,

and executes calculational methods in the physics, thermal and hydraulic, and reactor fuel aspects of nuclear reactor design.

c.

The Analysis Branch reviews, analyzes, and evaluates calculational methods used by applicants for the licensing of nuclear power plants in the nuclear, thermal, and j

hydraulic areas of reactor and engineered safety features design; develops, in conjunction with consultants, inde-pendent calculational methods, including complex computer codes, for analyzing nuclear, thermal, and hydraulic performance during steady-state, transient and accident conditions.

2.

The Assistant Director for Engineering plans,

directs,

and supervises the programs and activities of the Mechanical Engineering, Materials Engineering, and Structural Engineering Branches.

a.

The Mechanical Engineering Branch reviews and evaluates seismic and pipe whip design and the mechanical design of reactor vessels, reactor core supports,

reactor fuel components, reactor coolant pumps, steam generators, j

reactor coolant piping, pressurizers, component supports, i

and other safety-related mechanical components.

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NRC Appendix 0123 ORGANIZATION AND FUNCTIONS Part II OFFICE OF NUCLEAR REACTOR REGULATION

-.)

b.

The Materials Engineering Branch ~ evaluates materials of pressure retaining components of fluid systems important to safety and performs general technical review, analysis, and evaluation of the materials, fabrication, inspection and testing of nuclear power reactor components and systems.

c.

The Structural Engineering Branch reviews and evaluates missile design, design of concrete and steel containments, and design of other safety-related plant structures; and

. performs technical review, analysis, and evaluation of the design, construction and operation of nuclear power reactor structures.

3.

The Assistant Director for Plant Systems plans and directs the programs and activities of the Auxiliary Systems, Containment Systems, Instrumentation and Control Systems, and Power Systems Branches.

a.

The Auxiliary Systems Branch reviews reactor license applications and related documents to evaluate the design, fabrication and operation of auxiliary systems and fire protection programs.

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b.

The Conninment Systems Branch reviews reactor license applications and related documents to evaluate the con-q tainment system and associated subsystems, including

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such factors as heat removal, heating and ventilation, isolation equipment and controls, and combustible gas control systems, c.

The Instrumentation and Control Systems Branch reviews and evaluates the design, fabricatien, and operation of reactor protection and safety instrumentation, and control instrumentation; and participates in the development of l

guides and regulations pertaining to instrumentation and control systems.

i 1

I d.

The Power Systems Branch reviews reactor license appli-l l

cations and related documents to evaluate the design, fabrication and operation of onsite and offsite electrical power systems and the steam and power conversion I

systems; participates in the development of guides and regulations pertaining to these systems.

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Approved: July 21,1978 18 i

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Federal Register / Vcl. 44. No. ::19 / Friday. November 9.1979 / Rules c.nd Regulations 65049 g

(Seca.1-19. 4s Stat 31. as amended; 7 Usc.

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dosed under these procedures include:

marketing ageement. as amended, avl.

consideratics of petitions to review or Order No.910, as amended (7 CFR Pan no2-e74)

.ases that have been reopened or 910), regdating the handling of lemons Dated: November 7. ters.

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redewed pursuant to 5 C.F.R. 5 E01.114 grown in California and Arizona.De D. S. Kurylookl, p

r. rough CCL117: ad&ntrative law agreement and order are eHective tmdat Acting Director. Fruit and Vegetable Division.

2 ydge disciplinary cases heard initiallT the AgriculturalMarketing Agreement Agriculturc1MarketingService.

0 by an ad+=trative law judge under 5 Act of 1937, as amended (7 U.S.C. 001- '

p o ma.ee mw m.s==i i

C.F.R. I 1:01.131 et seq: and Special 674).De acrion la based upon the '

sea cooe sai Counsel acticus heard by an recommendaticus and information -

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id:.inistrative law judge unders CF.R.

submitted by the Lemon Administrative NUC R REGUI.ATORY y

I1201128-

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Committee, and upon other information. -

2.

(b) Announcement Public it is hereby found that this action will laca. d tend to eHectuate the declared policy of, O CFR Part 2 8]""*t o

,,,,, og

,pcrdans e act.

I dereof that are closed under this

%e committee met on November 6.- [

Domestic Ucensing Proceedings; Modified Adjudicatory Procedures provision shall be made at the earliest -

1979. to consider supply and market.

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-racticable time. ~

' (c) Procedure for Closing-At the conditions and other factors affecting Acancy:U.S. Nuclear Regulatory

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9;.ning of a meeting cr por*fon of a the need for regulation and Commission.

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eting to be closed under dis section, recommended a quantity oflemons acnote Suspension of10 CFR 7764 and

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re Board may, by recorded vote of two deemed advisable to be handled during Statement of Policy on Conduct of

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r d as members, dete.mine to close the the speciSed week.The committee Adjudicatory Proceedings.

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J meeting of partion thereof to public reports the demand for lemons is As a result of the Three Mile

SUMMARY

r cbservation following receipt of a somewhat easier.

Island accident, the Commission has

[.

e Central Counsel's certi5 cation pursuant '

It is further found that itis decided to make interi= modiScations y

to i 1".03.6(b).

impracticable and contrary to the public, to the procedures by which it supervises p

j

.g (d) Record AraSobility:In the_ case of interest to give preliminary notice. ~ ~

an mWews a Ndicatory UcensW j

a mecting or portion of a meeting dosed engage in public rulemaking, and -

decisions involving power teactors. It, -

7 5

I aursuant to this subsection, as soon as postpone the effective date until 30 days has decided to suspend until further b

$acticable the Board shall maka -

after pMcation in the Fedaral Register notice 10 CFR :.764 which is its rule of r:

P.

'. l blic! available:,

(5 U.S.C.553).because ofinsuficient practice on issuance oflicenses after (1) A written rtw:ord reflecting the vote time between the date when information adjudicatory decisions.' Furthermore, it -

If czch participating member of the became available upon which this has specified the procedures by which y

i F<

Mrd to close the meeting: and regulationis based and the effective new licenses, permits and L

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(*) The General Counsel certification date necessary to effectuate the authorizations may be issued. As

rsuant to i1206.6(b).

declared policy of the act. Interested provided in the Interim Statement on ~

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Policy and Procedure. 44 FR 58559 13 USC. ss:b) persons were given an opportunity to

• q N " " " #*****'l submitinformation and views on the (October 10.1979), this action will not

[,t,;

regulatbn at an open meeting.It is affect non. adjudicatory proceedings or F'

Q

""3 * * " " - "

necessary to effectuate the declared other adjudicatory matters including j

puposes of the act to make these enforcement and license arr.endment

{~

regulatory provisions effective as proceedings, appellate dec.sions and 9l CEpARTMENT OF AGRICULTURE

, i specified, and handlers have been partial initial decisions not authorizing Agricuhural Marketing Service issuance of new licenses or permits.

r.

apprised of such provisions and the.

This suspension of10 CFR 2.764 and 3

l J CFR Part 910 effective time.

the related statement of policy deal with kLernon Regulation 2751 Further.in accordance with Commission rules of practice.For that l' 3t procedures in Executive Order 12044 reason, and because prior notice and

'emons Grown in California and the emergency nature of this regulation f"zon:ti!mitationof Handfing warrants publication without

• • [d elay adh E

wo e

pportunity for further public comment.

decisions from being rendered and from i

N

' '..itNev:Ag-icultura'l Marketing Service, ne regulation has not been classtfied being addressed by the Commission.

f N

l CSDA.

-I significant under USDA criteria for and so would be contrary to the public

-%%g'-

C7" implementing the Executive Order. An interest, this suspension and statement

luuA:ty:This regulation establishes Impact Analysis is available from of policy shall be effective without prior

[

s 2 l quan4 of fmsh Cahfornia-Arizona Malvin E. McGaha. 002-447-5975.

public notice and comment and Food cause exists for making the suspension

.gce 3,

Cns $at may be shipped to market i 910.525 Lemon Regulation 225.

and statement effect.e upon

, ACg}ng the period November 11-17.1979.

Ortler. (a) ne quantity oflemons publication. However, the Commission p

m action is needed to provide for cly =arketing of fresh lemons for -

gr'own in California and Arizona which will consider any public comments on

(.

L period due to the marketing may be handied during the period these modified procedures which are

.y

~

November 11.1979 through November, filed with the Secretary of the p

(d to

,t! n confronting the lemon industry.

17.1979.Is established at 00.000 7

• anfT1vt DaTc Nove=ber it.1979.

"URTNER psPORaaADON CONTACT:

• The Comemssion currently has underway a

,1 cartons.

mter.n E. McGaha. 207A47-5875.

(b) As used in this section." handled" gr

• g'r"j*g',mqr don 5 IMENTARY INPORaAAT)O8C Findings and " carton (s)" mean the same as red modined or stichshed Mu-@ todais E

defined in the marketing order.,, "

ection la intended to prejudice the outcome of that d to) quiation is issued under the -

study.

ib L

t' I

y si 65050 Federal Register / Vol. 44'. Ns..'19 / Frid[y], Nsycmber 9. l'979 / P.ults/and Reguhtions-f n..;

i

~

i I

publication of this notice.

published as~a document subjectio I 'otherwise authoNiiNnsing'a'cdon.the' ~

i Cornmission within 30 days of ' ~ ~ '

codification.w Appeal Board shall decide any stay ~ motJons that am timely filed.'For &e purpose of &ls i

The actions described herein -

. f 2.764 [ Amended] '

poucy, a " stay" motion is one that see_ks to constitute the Co= mission's final action

1. Section 7.764 of 10 CFR Part :is

.derer the effectiveness of a ucensing Board-on the petitions it has received in the -

^ amended by adding a footnote I at the n be P

Na'ed

{

B'ack Fox and Skagit proceedings.

~

~

desenbed herein.Ifno stay papera are filed..

1 33 d

i E.FFECTIVE DATE: November 9,1979. 3 end thereof.

4 FOR FURTHER INFORhtATION CONTACTP 2.10 CFR Part :is amended by edding ' the Appeal Board shan, within the~aame time

/

b Stephen S. Ostrach. Esq Of5ce of the an Appendix B at the end thereof to.

period (or earuer !! possible), analyn thef I

General Counsel. (202) 634-32:4..

read as follows: " Appendix B-.

record and decision below on its own modon D'e g. Suspension of10 CFR 2.764 and and decide whether a stay is warranteJ.It SUPPt EMENTARY INFORIAATION:

Commission's Interim Statement of..

Statement of Poh,ey on Conduct of -

shall not, however decide that a stay is ed hm 6e aNected pedes w

Adjudicatory Proceedings...-.

an oppormnity to k bed. 2 u.

Polley and Procedure. 44 FR 5855g (October 10.1979). Indicated that the Appendix B-Suspension of 10 CTR I L"64 In deciding then stay questions, the,.

Commission would subsequently decide and Statement of Policy on Conduct of Appeal Board sha!! employ the procedures the procedures by which it would Adjudicatory :h.4s set out in to CPR L"sa. However. In addidon du t ryIICe d sions in 32 a end aftermath of the investigations of the -

At mic Safety and ucensing Boards shah whether issuance of the license or permit hear and decide allissues that come before prior to full admmstrative review may:(1)

Three Mile Island accident.That them. indicating in their decisiers the type of Cmate novel safety or environmental issues State =ent also mdicated that new ljcensing action. if any, which their dec2sion in light of the Three Mile Island accident: or construction per=its. limited work wodd otherwise authonze. The Boards' (2) prejudice review of significant safety or authorizations and operating licenses decsions shall not become effective until the environmentalissues. In addition to deciding for power reactors would be issued Appeal Board and Commission actions the stay issue, the Appeal Board will inform "only after action of the Commission,

outilned below have taken place.

the Commission ifit believes that the case.

~

In nachint 6eir decisions the Boards raises issues on which prompt Commission Itself The Com=lssion has now determined sh uld inte put exi8dna Msuladdu and

- policy guidance, particularly guidance on'. '-

regulatory policies with due consideration to,.

possible changes to present Commission " ' -

that, until further notice, adjudicatoryv; the implicadons for those regulations and regulations and policies.would advance the proceedings wul be conducted as

.Y described below.He Commission has ~. policies of the Dree MUs Island accident. In Boards appeHate review.If the AppealBoard l

this regard it should be undentood that as a l

adopted this approach because it

.- result of analyses still under way the is unable to issue a decision within the sixty-day period. it should explain the cause of the achieves the objective ofincreased Commission may change its pmsent delay to the Commission.ne Commt== ion Commission supervision of licensing ngulations and regulatory policies m shall thereupon either aDow the Appeal i

P actions while (1) avoiding undue delay.

,P' Board the additional time necessary to d

t ooar and duplication of effort by adjudicators warrant approval of a license application. As c mplete its task or taxe other appropriate De running of th@e 8txty-day period shah no a*n. Mudng h mam oetsel and parties; and (2) allowing the provided in paragraph 3 below,in addition to Commission maximum flexibility in

+aking generic rulemaking acticas, the pe t m e terms of deciding whether in light ofits Commission will be providing case-by-ca se "gp g ve.

s e

W other responsibilities, particular.

guidance on changes in regulatory policies in ~

proceedings or issues warrant its early conducting its reviews in adjudicatory by ee Commission.&e AppealBoard win -

ds s in pply

, g g g,ppgg, g g intercession or can appropriately be left

[',

• • d d n, p

Ucensing Board decision after it has issued to the crdinary adjudicatory processes cases then pending before them to the extent its decision on any stay request.

(subject. of course, to ultimate that they are applicable. De Commission 1 Commission Commission review at the conclusion of expects the Ucensing Boards to pay the proceeding).

particular attention in their decisions to Reserving to itself the n. ht to step m.at any g

When no formal adjudicatory analyzing the evidence on those safety and,, '*#I*

,8 '

p u in he

, to i eua g

gce proceeding has been conducted on an enwonmentalissues ansing under Boarfs initial 2ecision. the Commission application for an operating license for a syhich t shall, pr mptly upon receipt of the Appeal '

rd eve pres at power reactor, and insofar as issues serious, close questions and which the B ard decision on whether the effectivenes, have not been placed m controversy or Boards believe may be crucial to whether a of a Ucensing Board decision should be detemined by the Ucensing Board or license shorJd be come effective before full further delayed. review the matter on its own Appeal Board in a formal adjudicatory appellate review is completed. Furthermore.

motion.De parties shah have no right to file proceeding on such an application, the the Boards should identify any aspects of the pleadings with the Comrnission with regard Commission will infor= ally review the case which, in their judgment. present issues to the Appeal Board stay decision unless recomendations ofits staff on license on which promp.t Commis lon policy requested to do so.

issuance and any such license will be guidance is called for.De Boards may De Commission will seek to issue a Issued only after acton of the aquest the assistance of the parties in decision in each case within ::o days of identifying such poIIcy issues but. absent receipt of the Appeal Boards decisions Ifit Commission itself. In conducting such specific Co= mission directive, such policy an informal review, there will be due inues shan not be the subject of discovery.

's.ch monans shan be thd a provided by to regard for rights to a hearmg as emination. or crose-examination.

f

[r"dI h ad rd provided under preseut law.

1 Atomic Sofety andI.lcensing Appeof acord. cisbbe semce company ofsaa Pursuant to the Atomic Energy Act of Boards

""o"***t

• futC 20 (tsratm l5**b'o k stauart 1954, as amended, the Energy At m

Reorganization Act of1974. as amended d'ci o 2 t w uld DNMten nieetedin 4

y B

and Sections 55:: and 553 of Title 5 of the

• Hawins time foe

]

,,,,,,,37 m.,, y. *$,*1,'y, P".~

d b tam the Appeal no.rd b.M United States Code, the following

,,,,,,,,.ry sup. mien of this nde in==nais amendments to Title 10 Chapter L Code proe dices and n1sted mattar* *a.dd, a ta beta = is. s.cnnd. Lbe Appeal Beard may and of Federal Regulations. Part ? are.

Appendix s,in this part, a--r to baid armi arsum.at.

jy

~

Fed:ral Regist:r / Vol 44. No. 219'/ Friday.hvember 9.1979 / Rults cnd R:gul ti:ns 65051' that provision permits rem:te insurance does not act finally within that time.it wi!!:

acnowiFinal rule.-r.-i- :.

agency activities not intended to be rd.

state the reason for its further consideratia.::

The United States Court of authonzed by the Act....- -.. -i.

and indicate that time it anticipates will be

$UMMAw:

The Board solicited public comments.

required to reach its decision. In such an Appeals for the Fifth Crcuit. in in accordance with the Court's opinion '

event,if the Appeal Board has not stayed the. Alabcma Association ofInsurnnce Lcensing Board's decision, the uutial Agents. Inc v. Boord of Covernors of the regarding the provision of Regulation Y on wdl,be, considered stayed peding FederclReserve System 533 F:d 2 4 authonzing bank holding companies to e

[5th Cir.1976); rehearing denied. 558 F:d conduct generalinsuranca agency 3

In ann the te

'ofits review of.

7 9 (5th Cir.1977); cert. demed. 435 U S.

aetivities in communities with a...._

904 (1978). remanded to the Board for population not exceeding 5.000 r~ m.

any Appeal Board stay decsion, the.

.L k:

Commission may allow the proceeding to run further consideration that part of the..

inhabitants. In addition. the Board -

its ordinary course or give'whatever, f the-Board's Regulation Y authorizing bank solicited comments from the public proceeding it deems appropriate (for holding companies to act as agents or regarding whether the activity as acting instructions as to the future handling o as generalinsurance agent in.

brokers with respect to general example. it may direct the Appeal Boani w_

insurance sold in a community that has communities demonstrated to have a population not exceeding 5,000 inadequate insurance agency facilities is r.

t di on:

h ca with respect to particular issues; or decide to persons.12 CFR :25.4(a)(9)(lii)(a).The closely related to banking within the -

review the tnents of particular issues itself.,

Board published that provision, together meaning of section 4(c)(8) of the Act.

The Board has considered all bypasaing the AppealBoa.-d).Furthermore.y. with the provision of Regulation Y-comments received an'd completed its the Commission may in a particular case authorizing bank holding companies to.

review of 1: CFR 225.4(a)(9)(iii). No deter =ine that compliance with existing sell insurance in towns with inadequate requests for a hearing were received by resulations and policies rnay no lo::ger oe seiScient to werrant approval of a license insurance facilities (12 CFR the Board. The Board now makes certain appucation and may alter those regulations 2:5.4(a)(9)(iii)(b)) for public comment in findings and adopts certain amendments and pohcies.

accordance with the Court's opinion. 43 to that portion of Regulation Y in order 4 Applicction ofPiecedures FR 23588 (1978).

to conform it to the opinion of the Fifth The Board has considered all Circuit Court of Appeals.~. _

3 ne above procedu:es apply only to comments received and has determined From the record, including public J, matters consideredin adjudicatory. - -

that the sale of generalinsurance by comments received, the Board has.

proceedings for the issuance of nuclear power reactor construction permits (including bank holding companies in communities. concluded that the sale of gene limited work authorizations) and operatng with populations not exceeding 5.000 is insurance in communities with a. _.

licenses.ney do not govem the isananca of,.. an activity." closely related" t_o bankmg population not exceeding 5.000 la an. '. -

within the meaning of section 4(c)(8) of '

e as een eted ~ the Bank Holding Company Act of1956, activity closely related to bankmg. -

aheat on the merits of the application for the as amended.12 U.S.C.1843(c)(8).The within the meanino of section 4(c)(8) of proc e the Act.21n this connection, the Board.

license or (b) to the extent that some of theBoard also has detennined that the notes that since 1916 national banks in

.e matters considered in the course of the stad. regulatorylanguage authorizing that fact have been authorized pursuant to 12 review of the operating license application activity was so broid as to permit U.S.C. 92 to sell general insurance in have been neither placed in issue before nor determined by the t.icensing Board or Appeal remote insurance agency activities not Board in the formal adjudicatory vnn.m.wg " intended to be authorized and the Board communities having a popu

?.J.

appropriately restricted the scope of exceeding 5.000. Additionally,it appears j r that state banks in approximately 34 s

er ee d a 21 o y to -

that acuvity. Finally, the Board has l

appellate decisions in cases where a : -

fourd that the sale ofinsurance in -

states may conduct generalInsurance -

~

complete initial decision has been issued by agency activities to the extent that f-a Ucereg Board before the eEactive date of can'nunities having inadequate nationalbanks may engage in that this 5tmeent of Policy. or to partialinitial

nsurance facilities is not an activity activity and,in fact, many state banks decisions not authonzing issuance of new

" closely related" to banking within the are engaged in that activity. Moreover.

meaning of the Act and has deleted that the record shows that many permits or licenses.

=Y (Sec.161. Pub. I. 83-r03. 68 Stat. 948 (4:

provision from Regulation Y.

commentators view the, sale of general U.S.C. =c11: sec. : tot. as amended. Pub. L S3 1 EFFECTIVE DATE: December 5.1979.

insurance in a, small town to be a t'

438. 88 Stat.1:43. Pub. I. 94-79, 89 Stat. 413 FOR FURTHER INFORMATION CONTACTt financzal service similar to banking and Richard M. Whiting. Senior Attorney thatin small towns bankers often are Dated at Washington. D. C this 5th day of (202/452-3779). Legal Division. Board of the only persons qualified to provide Governors of the FederalReserve Insurance agency sewices. Finally.

g

.3 For the Nuclear Regulatory Commission.

System. Washington,D.C. 2055L numerous commentators noted that the Samuel J. Chilk.

SWWEMARONFORM AtoNt (1%e economic viability of banks located in s

T.e d

Secretary of the Commission.

Fifth Circuit Court of Appeals remanded small. towns frequently depends upon

~

m m

,y to the Board for further consideration the incc=e derived from general i that part of 12 CFR 225.4(a)(9] that authorized bank holding companies to

,The couns have set forth se fouowins seneral l

engage in gerieralinsurance agency swdelines for deternucins whether e proposed actidty may be found by the Board to be closely FEDERAL RESERVE SYSTEM activities in commtmities with a ed to bankmg:(1) Banks generaHy have in fact population not exceeding 5.000.The M*' ded the proposed services; (:) banks genera pron Courtinstructed the Board to make

("nona

" $e bees as 12 CFR Part 225 further findings to establish whether so a o po

[ Reg. ;DochetNo.R-0050-51 that activity is closely related to io equip them particularfy weil to prende the propond ames:orbanks smracyprovsde Bank Holding Companies and Change banking within the meaning of the Act.

• ' " * " * * ' * " * '"*8'*"Y "Id '" **

t in Bank Control; Nonbank Activities Also, the Court instructed the Board to proposed semens as to require thest provision in a AGENcv: Board of Governors of the make findings directed toward specanzed fann. xouona/ courier Associouon e.

~

determming whether tlie language of soaM of covernors, sin r:d 1::s (D.C. cir. 2s7s).

Federal Reserve System..

-3a l

l

..