ML20006B394

Responds to 891204 Request for NRC Views on S.1966, Advanced Nuclear Reactor Research,Development & Demonstration Act of 1989. Policies Sound

ML20006B394
Person / Time
Issue date:	01/19/1990
From:	Carr K NRC COMMISSION (OCM)
To:	Jeanne Johnston SENATE, ENERGY & NATURAL RESOURCES
References
NUDOCS 9002020033
Download: ML20006B394 (53)

Text

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o OldlTE3 STATES NUCLEAR REGULATORY COMMISSION M

n

,p WASHINGTON, D. C. 20t66 J

January 19, 1990 CHAIRMAN l

l The Honorable J. Bennett Johnston, Chairman'

.Comittee on Energy and Natural Resources

.l United States Senate Washington, D.C.

20510 i

Dear Mr. Chairman:

i I am responding to your December 4, 1989 request for the views of the Nuclear t

Regulatory Comission (NRC) on S.1966, the " Advanced Nuclear Reactor Research, Development, and Demonstration Act of 1989."

The Comission appreciates your extending to us an opportunity to comment on this bill.

The Comission believes that the policies embodied in S.1966 are sound.

The specific provisions of S.19E6 are improved in certain respects over the specific provisions of its prececessor bill, S.2779 (100th Congress).

Also, the licensing objectives set forth in S.1966 are largely consistent with 10 C.F.R. Part 52 (enclosed), which is the NRC's regulation establishir.g a framework for the standardization and combined licensing of advanced reactors, including those of modular design.

Nonetheless, we believe that the specific provisions on licensing in S.1966 i

should be revised in certain respects.

Revisions are needed in subsection 5(f)(1), the new subsection on hearings between construction and operation of the types of facilities covered by the bill.

The provisions in this subsection differ from the NRC's new Part 52 in certain important respects, and insofar as they differ, they tend to increase the risk of there being a lengthy and highly formal hearing between construction and operation of a facility.

For example, subsection 5(f)(1)(C) provides that any person may request such a hearing.

Subsection 52.103(b)(1) of 10 C.F.R.., on the other hano, takes the more conventional approach in adminstrative practice, found, for example, in section 189 of the Atomic Energy Act, of entertaining requests for hearings only from a person "whose interest may be affected" by the proposed agency action.

Moreover, although subsection S(f)(1)(B) of S.1966 requires that the Comission use inspections, tests, and analyses to ensure that construction confonns to the combined construction permit and operating license, the bill does not require that the inspections, tests, and analyses actually be incorporated in the combined license. Unless they are incorporated, however, the license will contain only general criteria for judging the adequacy of construction.

As a consequence, a request for a hearing, which can be made only on the grounds that the facility has not been constructed or will not operate in conformity with the license, will very likely be general, thereby hampering the Comission's ability to deal with the request and, if a hearing is granted, the generality will hamper the Comission's ability to narrow the focus of issues for consideration, q

9002020033 900119 PDR COMMS NRCC t

CORRESPONDENCE PDC

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The Honorable J. Bennett Johnston 2-i for these reasons, we recomend that paragraphs (B), (C), and (0) of subsection 5(f)(1) of S.1966 be deleted from the bill.

There were no analogous provisions in the predecessor bill, and there is less reason for S.1966 to 4

contain such provisions now that the Comission's new regulations on standardi-zation and combined licensing are in place in 10 C.F.R. Part 52, If paragraphs (B), (C), and (D) of subsection 5(f)(1) of $ 1966 were to become law, there would t,e one licensing process for stanNrdized, advanced plants covered by the-legislation and a different licensing process for standardized, advanced plants covered by Part 52 but not by the legislation.

We are confident that Part 52 provides an adequate framework for the efficient licensing of all standardized, advanced nuclear facilities.

If specific provisions of Part 52 prove to be inadequate, they can be changed readily through rulemaking, We would also recomend two minor chances to two other paragraphs of S.1966.

First, the intent of paragraphs 5(f)(2) and 6(d)(2) needs to be clarified. We t

interpret those paragraphs as assigning to the Secretary of Energy the responsibility for recomending to the NRC changes in tM NRC's regulations that would improve prospects for the successful licensing of the facilities covered by sections 5 and 6 of the bill. We do not, however, interpret those provisions to require the Commission to adopt the regulatory changes suggested by the Secretary.

The intent of these paragraphs would be clearer if the following changes were made (added words are underlined):

... the Secretary,-4n eenultanton-with-the-Gem 4se4ony shall (dent $fy recomend t

to the Comission changes in Comission regulations..."

Second, these saae two paragraphs, 5(f)(2) and 6(d)(2) of S.1966, provide that the Secretary shall identify regulatory changes within a given time after the Secretary has selected proposals for facilities covered by Sections T"ai"d 6.

As we said last year in comenting on the analogous provision in the prede-cessor bill, the Commission believes that such recomendations would be far more useful if they were prepared before final designs were submitted to the Secretary for appreval so that the designs could be developed in a manner consistent with any changed regulatory requirements.

Therefore, we would again suggest that any such recomendations be made no later than eighteen months after enactment of this legislation.

We thank you again for the opportunity to coment on this important legislation.

l Sincerely.

Kenneth M. Carr

Enclosure:

54 Fed. Reg. 15372 (10C.F.R.Part52) cc: Senator James A. McClure e

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j Federal Resister / W1. 54. Nr. 73 / Tuesday. Aprtl 18. Ipes / Rules and Resuistions 15372 Paperwork Red.ction Act of 1980 (44 POR PUerreen peponstenen eewrACT public workshop. this time on the text US.C. 3501 et seq.).

Steven Croctett Attorney.OSce of the the proposed rule.:

i Em Oedw 18372 General Counsel, telephone (301) 408-Darung the second, ys-day comunent 1800, on procedural mattere, or Jerry pened. the a===aam received over e

This program / activity is listed in the Wilson.OfBee c3 Nuclear Regulatory sets of commenta. ranging from one pt }

Catalog of Federal Domesuc Assistance Research, telephone 1301) 493-3720. on lettere to multi. paged documents, one under No.10 Ass andis subject to technical matters. U.S. Nuclear whichincluded an annotated rewnte t l I

F.aecuevt Order 12372. which roquares Regulatory c=

t Washington, the whole rule,ne commenters I

intergovernmental consultation with DC 20666.

state and local ofncials. (See F CFR Part included the Deperusent of Energy

)

j 3016. Subpart V.)

supeusserrary mesonenavsose (DOE), a i

of'"genmes and ofBose in the stat 2t Indiana.New York,an i i

last of Subjectsin 3 Cm Part 77 L Backgroind North Carshna, the Nuclear Utility i

Animal disonnes. Bison, Cattle.

The t'a=='aa'a= bas long sought Managemant and Resources Couned

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Transponanon. Tuberculosis.

nuclear power plant standardissuon (NUMARC),the AmeneenNuclear f

and the enhanced safety and licensing EnergyCounmL Weenaghouse.Genere i Accordingly,we are adopting as a reform which standardisanon could Elecine. Combusties Enginsonna. Stoc !

final rule. without chanes, the interan make possible. For more thaa a decade.

& Webster, the U.S. Chamber of rule that amended 9 Cm Part 77 and the t'a==ia= ion has been adding Commerce.the Unlea of Concerned that wcs published at M FR 1145-1148 orovisions to to Cm Part 40 and Part 2 Scientists (UCS). the Nuclear on January 12.1900.

Att allow forlimited degrew of Information and Resource Service Authener:st U.st tt1.114,11es.11s.117 etandardination, and for as many years.

(NDtS), the Ohio Citisens for m ut.tutmat: F Cnt L17.241 and the Comimaston has been proposing Responsible Energy (OCRE1 the 37t.2(d).

legislation to Congress on the subject.

Maryland Nuclear Safety Coalition. an -

Done et Wuhtagten. DC. this 1:th da y of The Comnussion was frequently asked several utdities, corporations. public Apnlises.

by Members of Congress to what extent laterest groups, and ladividuals. All the Adameumor. A$r kgulauon on the subject was neewaary, conunenu aney be memWin et Ismas W.Clemme malandnaarRechh and in doing the analysie necessary to agency's public document room.

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reply to these quesnons. the The Commission has carefully

[rR Doc abstes Filed 6 tr-se; s.46 am)

Commission came to believe that much considered all the comments and wishe ;

i of what it sought could be accomplished to express its sincere appreciation of tl

)

within its current statutory authonty, often considerable efforts of the Thus the Comnussion embarked on commenters. While the broad outlines, NUCLE.AR RESULATORY standardnaation rulemaking.

and even many of the dotatia, of the COtAtald880N he rulemaking procase has been proposed rule r==aimad unchanged in lengthy and highly public. A year and a the Analrule,few seceans of the

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10 CFR Parts 2. 50. 81' 52. and 1y0 half ago, the Comnussion announced its rule have esesped revisionin intent to pursue standardisation t of the comments, and some have ntesstao Acei rulemaking m its Policy Statement on.

been thoroughly revised. In the Nuclear Power Plant Standardisation (82 rematador of this section of thi Early Site Permits;Staneerd Design M 344M: September 15.1987).De rule preamble, the Comunasion makes Certofloseones and Comestned Lloonees Policy Statement set forth the principles two general twponses to comments ani f for Nuclear Power Reestors that would guide the rulemaking and then summarises both the comments l

assescv: Nuclear Regulatory provided for a forty five day comment and its responses to them. in Section !!

Comnussion.

penod on the Policy Statement. On of this final rule preamble, the actioet Final rule.

October 20.1987. about aud way Comuussion twpones to comments on.,

throuah the comr ent penod the NRC the chief issues raised by the comments sunsenaavine Nuclear Regulatory staff held a public workshop on the Comnussionle now adding a new part Policy Statement. Dunne the Workshop, - While SeenonIIoften broad policies which lie behind the rule to its regulations which provides for the staff presented a detailed outline of readers wwhing to know more about issuance of early site pernuts. standard the proposed rule and answered those broad policies may consult the design cernfications, and combined preliminary questions about it. A statement of consideranons which was construccon permits and opereting traneanpt of the workshop may be found published with the proposed rule. In licensw with conditions for nuclear in the Comanssion's public document Section !!L which proceeds section.by.

power reactors, ne new part sets out room Gelman Building. 2120 L Street..

section through the finalrule the the review procedures andlicensing NW. Washington, DC. After a lengthy Conunission notes amor changes and requirements for applications for these internal consideration of the conunents offers some minor clanfications of the riew licenses sad cerufications. The received on the Policy Statement and meaning of some provisions. For a final acuan is intended to achieve the the outline of the rule presented at the complete record of the differences

Y"" uno oflice s e ues d Workshop, and after public briefings of the Commission and the Advisory a cim au nesser and nbh e ance ee ty and n y

nuclear power plants.

Committee on Reactor Safeguards commeeienises,me e>r samen,se mmm iere a uw spracttyt cats: May 18.1989, (ACRS), the Commission issued a.

Papeesd mk who ehm est h pahah ww ne proposed rule (53 m 32000: Auguest 23

[" ""m*e Ne"en*)",n",,*," ", O sonnee i

aponess:Docutnante relative to this 1988) and provided for a sixty day (Nms) sere usi aves e aponeses of the ruk, finalrule may be examined and copied for a Ice at the NRC Public Document comment penod. The comment period one wouw ans Wik wac weeg eewen e, ;

was extended to 75 days on October 24.

• • "''"6"*

Room. 21:0 L Street NW. Washington, 1983 ($3 FR 418001. Mid way through M'" day, 'd M'******

• • *d ""-$

DC, that pened the NRC staff apana held a h-est s

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u Federal Repeter / Vcl. 54. N2. 73 / Tuesday. April St.1980 / Rules and Resulations 133 i

1 i

betwwn the proposed rule and the final States. On the noe hand. the scope onlyin highly teetnoted rule, readore asy consult the Pa==na-is vigorously assumed of ciromastaneos, comparouve text of the final rule, which promotas the nacisarindustry asd As to how designs should be certafts is evailable in the apacy a puchc Auttinglocalgovernments and most -= amass think the===iaan r

document room.

inctvidual citizens out of the hoensing has authority to certify either by rule t Two Genern/Aeeponsee to comments pro 6 sea.On the other hand, the by Doense. However, some rammente.

Comaussion is told that thelicensas see advantagesin cornnonnen by Before sumaung up the comments and process is "the reason" for "the loss of boenne.OCRE forinstanos,says that the Commission's responses to them. the the nuclear option", and that reform of cert 18 cation by Booneeis som i

Comnussion wishes to make clear what that process ta3he "sino que non" of the appropriate, and some industry it has not tned to do in this ruismaking.

viabihty of that option.

commenters think that seen protecho.

First. although this is an unportant Certaanly, the a=waa hopes that are available to the holder of a demen c

rulemaking,it does not resolve all the this rate wdl have a beneacial effect on license than are evadable to the safety, environmental and political the licensing procesa. in other words.

" holder" of a design rule.Some losues facing nuclear power.ne the a==iaan= hopes that effort has c

Comnussion reemved urpass to not been wested on a rule which wiu comunentere prefer oern8ceton by heense because they beheve that a undertake deep reforms before issuing never be need.But the m *'"is -

hearms on a heense has to be a forma e

this final rule. N Commission was, for not out to secure, single handedly, the adjudication. -

i instance. urged to streamune the hearms webiuty of the industry or to shut the procedures in to CFR Part 2. Subpart C.

L sneral public out, ne future of nuclear

- ne final rule renects the restructure the utdities'ilabilities under power depends not only on the licensas Comnussion's long standing proferenc the Price-Anderson Act, decide once process but also on econoeuc trends and for certificauon by rulemalang (see thi 4

and for allwhat safety entena shau be events, the safety and rehability of the old 10 CFR Part 30. Appendia 0.

I applied to all future plants. solve the plants, pohtical fonunes, and much else, agraph y), and for ownSosnon I

problem of nuclear weste, turn su beelth The Comnussion's intent with this earms proMurn which, whde eey and safety regulanon-not just the ndemakms is only to have a sensible

' peruut formal produrn when onde NRC*a over to the states, reconsider and stable procedural framework in do not assume that formal procedures i whether econonuc considersuona place for the consideranon of future are the best means for reeoinns every 1 should ever enter into safety decisions, designs. and to make it possible to

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conduct localrunnme referends on resolve safety and environinental lasues Fhmu Ib' '"""y, t Emun amt' whether a given nuclear power plant before plants are budt.rather than after.

should be built, and have Congress consequences of standanhsation and

+

I

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directly review designs. In sum, the Summary of de Cosiments andde other devices for early resolution of Comuussion was urged to do everything Commismn's Responsw licensingiseum for the hasasing i

before it did anything.

We comsnents on the proposed rule Procus. One comumenter believes that However, the Comnussion has stuck are charactensed both by their broad once a plant is budt under a combinec,

l to the simple aim in this rulemaking of agreement that standardisauen and license, there need be no haanns at al,

i prending procedures for the early resolution of licensms issues are befom operation begins. Semel of the

(

standardisation of nuclear power plants desirable, and by their often deep commentam charnownm the propose ;

and more genereUy for the early diferences on what kinds of designs rule s provision for an opportumty for resolution of safety and ennronmental should be cerunod, how they should be hearme just before operation as the ci issues in licensing proceedings. N certined, and what consequences two owp licensing prooms under e i

Commission has dochned to tie the late cert 1Restion should have for the diDerent name. Others believe not on]

of this rulemaking to the progress of the licensms process, that there should be such a heanns be -

agency's many other onsoms efforts.

As to what kinds of designs should be also that resolution of issues m earuet such as revision of the agency's heanns certilled. except for the very few who proceedings does not ented any procedures implementation of the opposed anylicensas of any nuclear rootnction on the issues which may be.

Policy Statement on Salsty Goals ist FR power plant, no commenter opposes the raised in the hearms after constructior 30028: August 21.1938), development of certification of designs which differ Many of these conumentere ettnbute t(

techniques of analysis of risk and cost.

signiBoantly frein the designs which the Commission an intent to do away and preparanon for the licensing of a have been built thus far: but some: UCS.

with public parucipauon in the licensi high level waste repostory. ne final for instance, say that only " advanced"

process, rule necessanly touches on substance designs should be certtRed, and many, no Comunission has given more whenever it sets forth requirements for laciuding UCS. DOE. and Westinghouse, consideration to this issue than to any the technical content of appucatons for say that only designs for whole plants other procedural genetion raised by th,

l early site peruuta, design cernficatons, should be certined.

proposed rule. As a result, the propose or combined licenses or discusses the Whue not withholding certincation rule's provteions on hearmes just befo:

applicability of existing standards to from incomplete designs or designs operation have been revised in the fin-new designs and new situanons. But which are not advanced. the final rule rule (the revised pronsions are even bere, the Commission has avoided has moved a long way from the position discosud in more detail belowl.

establishing new safety or the Cammi== ion took in the legislative However, the final rule stiu prendes f ennronmental standards, although the proposalit made shortly before this an oppcatunity for a hearms on limitec Commission may choose to adopt rulemaking began, here. certi8 cation issues before operation under a additional safety standards applicable was held out only for evolutionary light combined License. But the mere fact of to new designs prior to the advent of water designs. but was permitted for the this opportunity does not mean that th design cernficauona.

design of any "maior portion" of a plant. rule is hiding the old two etep process i

Second. many saw this rule as the ne final rule prendes for certtfication under a different name. By for the occasion for arguments over the future of advanced designs and permits greater part of the 6ssues which in the i viability of nuclear power in the United certification of designs of less than full past have been considered in operstm-f

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15374

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Federal Rosieter / Vol. 54. No. 73 / Tuesday. April it.1980 / Rules aid Reeulati j

i license beanage would, under the new rule be considered at the combmed As is noted above, the rule, unhke the

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license Hage orin a cornfication legislative propoesis which preceded it.

is already secured. See 10 CFR 50,10' t i

and UCS v.NAC 324 F.2d 100 proceeding. including the bulk of provides for cornAcanon of advanced 1937). Howe or.initialcerance(D.

designs. However, it also primdas for uen c !

emergency plannes leaves. Similarly, ceruAcados of evoluti usht water of corse, strive for a cost-effective i not involve bookatting. Designers wi !

the mere fact that any heanns pnot to designs. ne t'a==naalon's tive design, but the Comsnission dochnes operetion would be limited does not proposals on standardisation ve mean that the Comumanion is attemptmg always focused on these desias, on the incorporate a cost.beneAt test in the !

3 to remove the public from the licensmg groteds that the light.weter designe now Handards for carencation.

i process.h rule does not prevent the in operation provide a high degree of

r. R i

utamenun Supe ognign e ;

public from participatag ha the protocuan to poetic health and safety, on wypes resolution of any operetag hcente leeue. Moreover, the a=='aal" does not

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lt simply aseves the bulk of the issues up believe that the requirementin some la the eletament of seasiderations -

i design certincation, early site peruut.

cases for a prototype le auch a burden, sesompanytag the proposed rule, th front in thelicenstag process to the 4

Metever burden having to test a t%memanion noted that the proposed

• and combined boense parts of the Prototype asey be, the burden may be nde peruutted cornnoscon of i

proceu, lessened by agreements of oost ehanns incomplete designs only in limited ca 11.no PrincipalIssues annong utdities and other organisations, whue thelegistenen the Communion and bylicensing the prototype for had proposed to the100th Congress b 1

1. Aequiremente for Applications for commercial operetion. It le well to beenlose etnngent about scope of Design Certficocon remember also that under the rule, design. ne r*a=='a='= invited l

Because design certincation is the hey promtype tunne is mquired only for comment on whether the finalrule cernfication t r an unconditional flnal should return to the policy reflected t-out e ed a ety and early fpp'f[y[P$',*fg 4^

d*8AgR the proposed legalaeon. DOE.

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Wee and UCS, amo other a""seila'f**""2"M!-f tu 2Wam:1,,'",ing 6,,ay,' u,dLhm,g pnncipalissue withrespons e to prototype teenne. See to CFR Part 82.

e

[g*,"ed prototype NUMARC. however, advocates a retu eq mn or op uma for h" [

y rep t

r

s. " Advanced" Designe

b. Requirement to Addrwe Untwolved firm argues that requiring complete n

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ne proposed rule provided for Safety issues and Safety Goals doengns would limit market forces tha ceruficauon both of evolutionary light' Several commenters object to the could contribute to standardination.

water desisas, that is, improved proposed rule's twquirement that h finalruleis em mom strings i versions of the light. water designs now applicants for cornAcation propose about completenees of design than the in operation, and of " advanced" designs. technical resolutions of Unresolved proposed rule was.no Anal rule's that is, designs which differ sigmacantly Safety issues and high, and medium.

Prov sions on scope, ses i 8147,tdet from the evolutionaryitsht water pnonty Genenc Safety leeues. Die a policy that certain desips, especiall,

designs, or which incorporate, to a requirement, and similar ones relating to designs which are evolutions of ligh probabillotic risk assessments and the greater extent than evolutionary light',

weter designe do, simphned, innerent Commission's nroe MileIsland water designe now in operation, shoul passive, or other innovative means to requirements for new plams.10 CFR not be ceruned unless they include all,

a plant which can affect safe operano accomplish their safety functions (the 5044(f). were announced in the of the plant except its site-specific distincuon between evolutionary light

• Comanaaton's Severe Accident Policy elements.See 4 5&47 water designa and advanced duisns is Statement (80 FR 32134: August s.1985) designs which are evo(b). E.'xamp lunons of discussed at greater length belowl no and in the Commission's Policy proposed rule required that some Statement en Standardisadon(62 FR currently opereting light. water desips' i are GeneralElectnc's ABWR, advanced designs could not be cerufled 34a64: Septeenber 13.1987). Some Westmshouw's SP/so, and Combustio.

until full.ecale prototypes of them were commentere call it "lnappropriate" to built and tested. While agreems with the impose this burden on applicants, Engineerms's System 30+. Full. scope requirement for prototype testma of Others say that no resolution of one of may also be required of certata some advanced designs, several these issues should be imposed on a advanced designs.namely, the commenters. UCS pronunent among dwign unlew the resolution had paned. " passive" light water design them, say that cern8 cation should be a cost.benent test.

GeneralElectnc's 8BWR and held out only to advanced designs. UCS no Conunission believes that it is not Westinshouse's Argoo.Considera argues that without such a limitation on inappropriate to require that an of safety. not tuarket forces, coautute the desips which could be offered up applicant for certtAcation show sither the basis for the final rule's requiremen for cerufication, the proposed rule that a particular issue is not relevant to that these designs be full.acope ciosips would disenminate against the the design proffered in the application.

lang exponence with operstmg light.

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or that the applicant has in hand a water designs taore than adequately development of advanced designs of des greater safety, because, gwen the choice (the%spemAc resolution of the issue demonstrates the adverse safety tmpaci which portions of the balance of plant between seeking certification of a applicant is of course not required can have on the nuclear island. Given to propose a generic resolution of the famdiar design and seeking certificauon issuch As to cost benefit tests the this exponence, certification of these of a design which the Commission might Comnnssion wdl of course app,ly them to designs must b require to be tested in a full. scale the resolution of safety issues where the considereuon of the whole plant. or else '

3 prototype, an applicant weuld choose to avo.d having to build a prototype.

resolutions are being imposed on the cernnections of those designs will lack that degree of Anality which shoule )

existing plants and adequate protection be the mark of certification.

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a l'ederal Register / Vol. M. No. 73 / Tuesday. April it.1933 / Rules and Rerulations 153?

Howeyw. the Comano6en has att funcuone, such as passin decay heet provisions in to CI1 Part so for traneft adopted UCS's position that no desip of removal and avocanty control. which or revooston of a license. See to CI'R 1

incomplete poope could ever be have not been licensed and operated in 50 g0 and 60.100. However, a rule cernfied. nore te no reason to conclude the United States.See id.

that thm could nevw be a dwien which cernfyms a design does not. etnctly l

protects the cuclearisland agamet

d. Corn 8 cation by Rulemaking speaking, belong to the designer.

nerefore.auch a rule cannot be adverse effects oeused by evente in tie ne proposed rule provided for design i

balance of plant. no Anal rule therefore ceruAcenos by mismaking.Hm the transferred or revoked by adjudicatory 'i prendes the opportunity for cerufication proposed rule was in accord with the enforcement. Applytag i go.go. in i

of destene ofless than osesplete scope. if old to CFR Part go, Appendix 0-parcoular to a rune cornfying a design they be.ong to the class of advanced Paragraph y(this paragraph le now would be skin to smas the vendor of 1

designe. See i 63.4F(b). Esamples of being replaced by Subpart 8 of Part $2).

the design a potent, but the Conumissio i designe la this class teolude the passive However.in the nouos of pmpond has no authenty to toene patente, i

ruleuaMas, the m=='aa'a= tankd Nonetheless, the vender whose desis i light. water desquis mesmoned above e

and non.hsht weier designe such as commate on wheter oerunoeuen is cornaed by mle is not without 1

General Esectnc's PRISM. Rockwou's should be by heemse rather than rule.

protecuen.Secuan St.g3(a). the i

Aleough es a==*=='a= expuend Adadmetrouve procedure Act, and.

SAFR. and General Atomsc's heffGR, r

i But hose too the rule sets a high some doubts on es maner, commonwre ultimately. Judiolai renew protect the ;

1 standard. Carnaceties of an advanced genetsuy apse that the

=='a='aa has vendor egemet arbitrary amandmaat or r

deelen of incomplete coops wiu be given uisueanty to hoense dungna.Soad reoneston of the cornacation rule, and !

i caly after a showing, uoms a full ecale industry commentere and some public thelaw of patente and trade escrete prototype, that the balance of plant intest smups ahke go funhar and protects the vendor assinet unlawful ur !

i cannot siswheantly affect the safe arvu est een:Romuon by Hoenseis of the destga. In order to gave the vendt i opereuon of the plant, prefersble. Industry comumenters argang more opportunity to treet elements of Standardiention along these knee may this position believe that the nghts and the deelen as trede scorete. the final ru) 1 idad has was markW fwm.

obligonone which attach to e license m provides that propnetary information !

i bm *,i,20ee wMa encou,ege a ca-r *= *- -w* a * * -

containedin an opphoanon for desian ehly differentiated range of products, rule. Tw anHance, a Umse is poemoed ce,encan shan be given ihe same j

However, the Anal rule's requusmente hY,',0"' ',"th be givenin a proceedme on an tteetment that such informanon would Co en on scope in no way hanitinnoveuve g

w, g

arrangements em vendoreand og,.e consent. Some public intervet appk.auon fw e omwucum pennu w ;

I"o "".e eey beneve eaprofw men 8 canon by hmm an opereungliconee under 20 CFR Part

~*i-i*== ~ 6= ow 6e hee,.8 on m s-om u-. = PPu=i i designs before the Comuniesion, he Analrule is clearer than the e licones would have to be a forme.1 referencing a design ceru8 cation and adlud.astion.

enhas to m a duisner een een the Proposed rule wee la idenhtying those designs which amanot be cornned g, cm==laa'an continues to belim duism wMob echimd be i

1 l

without a program of testing. For that ceranostion by ruleis etable to con:Acouon wald hm to maply wid certi8oenen by licones. As E sa il $3.g3(c) and 58.73. and the othw Purposes of detenntnias which designe design cornfloation will. like a rule,ys, ahave designer would have to pay a po must undergo a testing program to be to cost of review of the apphostion for i generic anplication. Moswover'vn the certincation.See to CFR 1m12 (d) and cornaed. the rule distinguishes betwnn ceruAceton by ;"* le au advanced designe-be they passive light.weier or non. light water-end Comummion free to adaptbarms (e). as amended in this document.

evolutionary hght.weter designs. Some procedures to the requiremente of the

e. Applicabihty of Exteting Standarde !

testing may be requited of all advanced subject metter, rather than mly exclusively on fonnal adjudicatory With one exception the proposed rul,

designs. Posesve usht. water designs are devices even when they are not useful did not any what safety standanie -

to some extent also evolutions of the light.wetet deelsne now licensed. but theanns procedicos are niore fully would be opphed to e design proffered they have design features which are not dieaussed below). Finally, cert:Acation fw ewnAcauon, or ma pacieAy who:

Present on plante licensed and operating by rulemaking perants the Commiselon exhonnginfonneum mquammente

~1 io consider remotor designe submitted by spPlicants would have to meet.s in its in the United States.Derefore the rule foreign corporations. Howevw. the leasthy and highly detailed commente, requires that the insturity of the possive Comeuselon wiu give priority to designe NUMARC proposes adding to the rule s. ;

light.weter designs be demonstrated for which there is a demonstrated lasse number of highly specific crop.

through a combmetion of exponence.

interest in the United States. ne references to Part to, and a statement appropnate tests, or analyses, but inoot r ammia ine will e, view other designs that no other portions of Part 60 apply, likely not through prototype tes

..See se resources permit.

ne Analrule provides that the 4 82.47(b)(tl.While analyses may For the reasono lust given, the Anal standenis set out in to CFR Port 30. Per relied upon by the staff to demonstrate rule retaine previolone for certincation 50 and its appendiosa, and Parte 73 and the acceptability of a particular safety by rulemaldas. Westinghouse suggeste 100 will apply to the new designs where i feature which evolved from previous also adding provietone for cert 18 cation those standards are technicauy relevan '

exponence or to justify the seceptability of a scale model test,it le very unlikely by license. leaving it to the applicant to to the design proposed for the facihty.

that an advanced design would be choose between certincation by license See new i 52.43. Appucation of Parts 20 and certification by rulemaking. De

50. y3. and 100 to the certiacauon of nes,

cernfied solely on the beste of analyses.

Commiselon, however, prefers Prototype teenne ie !!kely to be required rulemaking and sees no advantage to for cornBeaton of advanced non. light.

provtding such an option.

Iw eerunessee womid been io semene ine erosoned rule ed enem ihei se sp water designs boosuse those NUMARC. while supporting daies essaued me me manmaeur men uniun revolutionary designs use innovative certincation by rule suggests adding MUE3,c'yn"a' E*d means to socompheh thelt safety provtalone analogous to existing i swiet, as rm says (pnessed runei.

)

resleral Regisaar / Vel. 54. Nm 73 / Tuesday. April 18, tage / Rules and Resulations 15373 J

]

f desiana, u reflected in 4 $2.43 abould must be a fonnal adjudicanoa. However, portenof theesemasennesin j

)

l 30 a long wey toware estakhaMag the this asseissies is cleariy not the laws regaisties.Delevelof fees a mese a regulatory standard that new deaagas therefore, the face an a ceru8eation line with the pennies behsed these must meet and thereoy prende the proceeding are not wholly adledicatory.

statutes thee a poteen es beroen of i

regulatory stahluty that to an essential Moreover,if such facts must be j

prerequisite a reahang the benants of catesonsed at all. they are more amennatary en the pobha.

i atendardinanon.ne %==='an "legninnve" than "ad6mdiennee", as W M'Y r

tecosmaes that new deangas anay UCS de8mes thoes terms. fee while they stemdesdessen has the eleshie aim t i incorporete new features not addreened are "related to acovines of the pareee".

enhammes seiety and makseg at poembi i by the current standards in Parte at 80.

they are not enaquely so, and they are 73 or too and that, accordingly, new facts abem "ladestry preename, to renonve denen teseos befase i

constreeman.Of these twoamme.

standards iney be required to addreas emana8e dets", eagmeenas priemples.

J any such new design features.

and the like.

enhensed safety to the eh6et, bonesse )

nerefore, the NRC statt shall, as soon Seversiesamentsee else argue that pse asmessenenseneindes eldense as pracccable. advise the t'amanaalon the ceru8comes presseems obsold be e issues emeld he nobleved maply throeg i of the and for antena for judging the formal ad6mdicataea besseee erese-combined museneses permum and i

opermeas hasmass wnh eenedoes.

safety of demens o5ered for cert Boetion examassmos to an unsupposeed meano 3

that are dt!!erent from or supplementary far " -., the truth. Agata, the Achieveneet eithe embanned selety

?

Io current standards in to Cm Parte 30.

s.rgument proves too mesh,anmely that which standanhennes makes posedde 50,73, and 200. N Commission shall very. " -

• a-indeed every species wig be trustrated d toe dregamit cheest

?

consider the NRC staffe news and oflawmaking, should be femal to either a sernRed elemene to pianu determme whether additional adjudicaban. Part u does met assume referenoms at are pensatsed, l

rulemaking is needed or opprepnate to the supenonry, or even the usefulness, g,,,,,,,,g,,g,,,g,,,g i

tenotve genenc goesnone that are of formal procedures for resolvsag every pnncipaDy dess mea,ns of preee d

ryphcable to annitiple dreisne. He issue: but it does prende for their use croonnuairegreemas dren i

objecove of such rulemaking would be where they are the only ineans avedable standardaeusa.First, b W M )

to incorporate any new standards in for resolving an issue property.

required that any amendmans profferes I by dm holdw of a enaa k s e tYea e

lop d rde in gJeu h Renew of Apphoene la e meses and osumment i

the context of the Comnuseton's renew N finalrule adheres to the fee policy and grenad if es and approval of individual applications embodied in the proposed rule. An

===]t comphed wnh the Atouc ]

}

}

for design cernBostone. On the other apphcant for design aero8 cation does Baergy Act and the Commenen e -

i hand, new design featurve that are not have to pay an application fee, but pguladoes.Seemd, ne proposed rule I

unique to e paracular d would be the apphoan willhave to pay the full prohibited the basesse of a plant built addressed to the context a rulemaking cost of the NRCreview of the socordas to a care 8ed denga from proceedag for that parocular design, apphoenoa,although not untu the maldag any change e any pan of es j

f. Heanage on Applications for Design ceru8 canon na referencedin as Plant which was desaribedin the Caruficauona applicanon for a consosodon pennit or ceru8 cation undese de hoessee had Like the prapanasi rule, the final rule combined license. or, fading that. not been granted an esempees under to l

untd the cernficauen aspires. He Cm aatt from es nde omrnfyms um provides for notice and comment dotade of the acheme of deferralof the design.Rir L the propossal nde stated rulemakma on an applicanon for a fees appear to scaformung assendmente that the Comausanon woodd not backSt design ceruficahon, togethat with an to the recendy amended 10 Cm Part 170 ceru6ed design or the plaats built 1

opporturuty for an informal heanns on (53 FR 52832 December 231988).

according toit unises a boekat were an applicanon for a deoen cornfication.

UCS asserts that the provianon for necessary to assure aa-chaaaa with the The rule also pernuts the see of more deferralof fees for NRC renew to apphenble requiadoes or ta annure formal procesarse where they are the "unaaaaaaaaahla". To the sentrary, the adequate protecnom of public health anc only picosauros avedoble for resolvint

• -M believes that there is safety. See i 52.g3 of the propoemd role. i a stven snees property. See 6 53.81. UCS nottung " unconscionable" about deferral 53 3 32074 col.3. to 330F5, col LThe and others argue that any hearms on of fees for a program whoes aim is to

""""=iaa mvited comment on cornficaton should be a formal enhance safety, whether the =%a=* and exemption adtudicauca. in paruoalar. UCS argues Some industry commentare anaert that standards were etnagent enough, and or that the carn 8cecon proomeding will be the requirement for payment of the full whether the back8ttag standard gave dealms with adrudicauve. as opposed to cost of NRC review presents an cernficanons a reasoothle degree of legislauve facts and therefore should be "insunnountable disineeneve" to the finahty.See 63 m aager, col.L fully adjudicatory. UCS charactenses development of cernSed desagna. Some De comments foons on the standard

)

adludicante facts as "umquely related industry comumentere propose putting a of amending the earnacation. one group to actmuse of the parose that are at coding on fees for ceru8 cation review, of comments wannas to makeit harder issue" and lapslauve facts as "facta in order to help vendore better estimate for the " holder" of a careBosuca to get about industry procuces, me the costa of developing and certdying a impact, scienn6c data and other design. N Comunission fully raaagamaa an ammad===t. and another groep informacon about which the parties that it wd! be diffloult for a vendor to wanting to make it easier.Several estimate the coats of taking a desi commentere any that the proposed rule heve no specialinformation."

UCS' argument proves too much. If the through to caruncauon. However,gn wrongly makas at easier for the designer a

to amend the ceruSed deems than it le -

facts to be considered in a ceruScation ceiling on be only displaces the burden for the Comuniesson to back8t the proceedmg are wholly adjudicative, of that uncertainty from the vendor to design.To correct this peraerved then because those feete are like the the public. in recent years, the NRC has facts considered in any ndemaking on been obhged by statute to charge fees labalance. UCS. among othere. proposes that no amenament be granted unless it safety trenes, every such ruleading which return to the f'ederal Trossary a consututes a safety maka=a===st, and

l L

i i

I Tederal Rouleter / Vcl. 54. No. F3 / Tuesday. Apnl 18. 1933 / Rules cad Reeulations 153; I i

I i

that any amendment granted be regulations.The Atomic Energy Act features that i 80.80 prohibits changap.

backfitted on all plants built ecoormng allows the N==inama to consider costs without pner NRC approval Moreover,

i to the design being amended.OCRE only in deciding whether to sotablish or the level of deosp dotad in comAcetior

~

proposes that. et a nununum, no whether to enforce through backfitting should a5ard boensees an opportunity,

amendment should be granted which safety requuements that are not to take advantage ofimprovements in ;

would ented a decrease an safety. On noossaary to previos adequate equipment.

the other side. NUMARC proposes protection. See UCS v.NRC.824 F.2d he comments on the proposed rulo,

virtually the same standard as a 108,120 (1ssF).

raise two other imponant fknahty tesue "

maximune Any ammanhamat which has

%e Baalrule.like the proposed rule.

both connected with backAtting. De i

no safetyimpact abound be granted.

perunits appucants for combined first bears on the enteria for renewal o -

DOEin effect arpes that the licensesissued unear the rule, and a design comRostion. De proposed rui i Commuesion does not have authonty to licensees of a plant built according to a provided that the Comuusmen would ask for more than OCRE's minimum, cert 18ed desism, to request an esemption grant a request for renewal of a design because this type of ammanimaat would be proposed for econounc plant under to CFR 30.12 from a rule osmfytag certification if the desip complied w tl l I

a design. Among the comunests on the regulations in effect at renewal and an? 3 efficiency or other buameos reasons and appropriateness of using i 80.13 in the anose strtagent safety requusments the NRC has no experuse or authontyin standardination context were NIRS' whleh would bring about a substantial areas invol - bustnese judgments,ne coessaast that t 80.12 perudtted increase in safety at a cost justified by law firm of Cook. Purcell. and exemptions at a whim" and DOE's the increase (strictly speaking, the Reynolds representag several utdities, uggestion that no exemptions should be back8t rule would not apply at renews ;

proposee a backBtting standard more granted at all Out of respect for the but the proposalnonetheless stringent than the one in the proposed unforeseen, the Comm'esion has decided incorporated the back8t rule's cost.

rule: na Connaission should not impose to adhere to 6 80.12 but the final rule benefit standards).See 4 $2.as(e). 53 FI ;

backfits on a design for the sake of does requus that before an exempton 32074, col. 3. Bishop. Cook, among l

comphance with appucable regulations can be granted, the effect which the othere, proposes that the standard for unless the lack of comphance has an exempuon unsht have on renewal be compliance with regulation-adverse impact on safety. Goins even standardisanon and its safety beno6ts in effect not at renewal but rather et thi

• further m the same vem, the U.S.

must be considered.

4 Chamber of Commerce proposes that time the comScation was ongmally even where thelack of comphance has As a further guard against a loss of issued. together with any other more

~1 an adverse impact on safety, the backfit standardisation, the final rule, again like stringent requirements which are should have to pass muster under a b proposed rule, also prohibits a justined under the backAt rule.no cross. benefit analysis, licensee of a plant built according to a proposed rule's critens were in fact cerufted desip from making any change equivalent to Bishop. Cook's in their The finalrule places a designer on b to any part of the plant whichis impact on a given design certt8 cation.

same footing as the Comumosion or any descnbod in the com8 cation unless the but they differed in their impact on the other interested member of the public.

Licensee has been granted an exemption timing of some backSt analyses, the No matter who proposes it, a change under to CFR 80.12 from the rule Proposed rule providing that some wdl not be made to a design certifying the design. Because the would be done in rul== airings while the certification whue it is in effect unless certification is a rule.10 CFR 80.12. not given certification was in effect.

the changeis necessary to bring the certificanon into compliance with 80.89 is the standard for deternuning However, the final rule adopts Bishop.

Commission regulations applicable and whether the licensee may make changes Cook's proposal because it more clearl) to the ceru6ed portion of the design of says that imposition of more strmgent -

in effect when the cernfication was the plant without pnor approvalfrom requirements on a design dunns e issued, or to assure adequate protecuon the NRC.NUMARC says that, given the renewal proceedmg wdl be govemed b) of public health and safety. See practicauties of construction and the backfit standards.

t 62.63(a)(1) nus, the final rule cannot be said to make it easier for a designer llanted resources of the NRC staff.

De second of the otherimportant to amend a cernfication than for the licensees need the flexibility afforded by finality issues raised by the comments i 80.5e. However, the Commission Comnussion to backfit the design. But believes that the certifications concerne the Anality of to Cm Part 52.

more 'mportant. the final rule thus Appendix 0 (formerly in Part 50) final provides greater assurance that themselves and i 50.12 will provide the '

design approvals (FDAs) already in -

standardisation and the concomitant necessary flexibility with respect to the effect on the effective date of this rule.

certified portion of the plant (or at least Section 82.47(a)(2) of the proposed rule ;

safety benefits wdl be preserved, as much noxibility as is consistent with stated that holders of FDAs in effect on '

no Comuussionis not adopting achievms the safety benefits of the effective date of the rule might have ;

Blehop. Cook's suggestion that standardisation), while i 50.50 will to submit more information to the staff compliance be requued only when non.

continue to apply to the uncertified in connection with the review for compliance would have an adverse portion. How :much flexibility 9 80.11 certification. NUMARC proposes addins 1 Impact on safety. Licensees seeking wdlprovide dependsinlarge part on a " grandfather" clause which would rehef from a design cerufication, who believe that non. compliance would have how n.uch detail is present in a design prohibit the Comunesion from imposing, certification. and just how much is during the certification proceeding, any no adverse impact on safety, should present will be an issue which will have change on that part of the design which request an exemption under to CFR to be resolved in each comfication is covered by an already effecuve FDA

$0.12. Neither is the Commission rulemaking.no Commission does unless the change meets the enteris of i

adopting the suggestion of the U.S.

expect. however, that there wdl be less the backfit rule.

Chamber of Commerce that cost. benefit detailin a cerufication than 'tt an Adoption of NUMARC's proposal analysis be used to deteraune whether application for comfication, and that a would not only ented a significant to impose backfits on designs to brira rule certifying a designis likely to change in the force of an FDA. it would them into compliance with applicable encompass roughly the same design also extend the range of application of -

4 1

i

t

?

f' 333/3 l' adoral Resister / Vcl. 54. No. 73 / Tuaeday. April 18 toes / Rules cnd Resralations

'I i

the backfit rule. Under existas NRC to Cm Laos and10 Cm Part EL applicante for early site permits. See reguisuona, as JDA binds the staff in a Appenden Q(formestyla Part 301.

I SL17(ab l

i hoename proosedag but notin a perseraph 8.De Conneenet Siting Last.although the Comenemon certificauon procesame; ans even tn a Counal strongly onegents that the State acknowledges the poembility that no.

l ucensing proesedias, the stati may, on of Conneonet would be unable to nuclear development of a one wtmid the grounds of sigmficant new parecipate in an NRC beenne en as postponed when a eteis resorevo fe' i

informauen or other good causa, appheation foran early ette parent nuclear plant and then a plant never i

reconsider an earlier desonamauca. See unless the appheatica proposed a built there, the th== bebene,

10 CPR Part && Appsomx 0, paragraph

" spool 6c" nacisar power planL Finally.

that such a po'ieibility does not loom J

5.Moreover, the FDA does not bind the one commenteris,=====i hatland t

Commasanon or the Comausmen's approved underen earty ate perunt very large. Persons are not likely to t a djudicatory panale-Id. at paragraph g.

might never be used for a naoneer power the expense of applytag for a na back6t rule apphes to any proposal plant andtheedevelopmentof theland peruut unless there to a good prospec which would respaare the holderof an for a nee ameiser noe wonid beve been -

that the este will be used for a socies FDA to meet a new standardin order to needlessly deleyed.

power plant. Mersever.it may be the j many of the mise forwhieb early site !

remain in possessaan of the IVA. aos 10 CTR 50.10g(e)(1). but the beak 8t rule ne ('a==nenh believes that earty penste midst be sought am enresey t !

does not change the force an FDA hasla site peruuta can asefully serve as ashle for see by utillnes:thus,even a licensing proceeding or carnfication vehicles for resolving most site issues proceedina.

before large commannants of resoseems though non.neelear development of tl,

4 m made. Moroever, the th====

site sucht be postponed, non.utdity u i NUMARC's p al. however, would of the site woidd not be. last. even j

bind both the e and the Comnussion believes that a term of ten to twenty during the pened in whink en earty m i i

in a certification proceedme and would pare for earty one perupts wdlmake i

perant is in effect. nom.nmelear uses e add a cost.beneSt test to the tests wtuch early site permits snore useful for enriy the site are not prohibited altogether.

must be met before a determmation resoiuuan of one nesses than would the See68L35.

made in an PDA could be reconsidered.

five.vear tenn in to CTR 2.gos and 10 NUMARC's proposal thus would CTR Part 52. App. Q. becaese the ioneer he comunents on the proposed rult (ffecuvely amend both the backfit rule term wdl require less freguest raise two otherunportant toenes and the cited parasrephs of Appendix teenessments of issues than would the consermas the rule's provisions on es 0: It would. in effect. turn any eustine shorter term. b five-year term is a site permns no 6mt tesse concerns 1 TDA into a partial cernficauon. Here the funcuan not of the reliability of the division of methority between the Commission would rather adhere to Be information avadable to make the Federalgovenument andlocal finality provisions in the assung decisions, but rather of the fact that the goverraments ovw the a dag of nuclea.

regulations, including Appendix 0 and decasions made tander those provisions power feedities.h New York State the backfit rule he Comnussion may only resolve isolated site tasses

• Energy Officeis concerned that the believes that. in this situabon, these and annoipate site utdination m the very pmposed tale leaves the hupressio revisione adequately balance the need near unn. N 'h====

is con 6 dent only an early site peruut from the NRt or finality with the need for flexibility thM thre wdl be informanon adequam is poemonary to est asideland for e to deel with unforeseen safety advances to support site approvals lastang up to 30 nuctur paw pimd.'TW wruy.

or nsks.

pne. Almr au the t'-

t licenses the rule does not.indeed, could not.

O. Early Site Artause pianu and esir anse k operauon k change the division of authonty penods of up to twice twenty years, wwd ygwal go,enment and t

What deslan certification is to the Wham adequew infonnanonis nd the states over the siung of nuclear early resolution of deeian issues. the svedable, early site permits wdl not be planw. An early sue permit consutute-rarly site penrnt is to the early issued.

oppmvel of a site only under the fede,

resolution of site-relsted issues. Both the no N==taaion is also confident that statutes and regulanons administered l cernfication and the penart makeit ennshinfonnamon on necer demeia the Comuuselon, not under any other i

possible to resolve important licensmg wiu be andable in an early sim peruut applicable laws.

issues before a construenon peruut Proceeding to peruut sound ludgmente Delastimportantissue reised by t! l the proposed rule'y ette penets c proceeding. They in effect make possible about environmental impacts and thus comunents on earl the banking of designs and stes, thereby Io enable state and local asenmes such making the liaaname of a arven plant as the Connocuout Siung Consed to applicanon contain a plan for re s regerernent that it more efficient.However. seine parecipaw effecavelyin sa maiy este the onein the event that the site commentate question whether the penna pmonedans. na Counod saye py,parotion work and einular work aru Co. - < - ebound issue sim that for it to meaningfuuy participate in siedlar work allowed by to CFR peruute.no AttorneyGo of New a decision on an application for an estly 50.10(e)(1)la performed and the site York. !or instances sees no need for site parent. the appboation would beve pernut expires before it is referenced ti early site permite and questons whether to contain "

an application for e constreetion pertru -

there conid be gronds adagnate to discharges, projected emesson.

nim impaces, safMy factare<

or combinedliconeeisoned under the support approvalof a sne for twenty and exact operetional parametere * * '

rule. b proposed rule regnated that t}

years, the terni of early site pernuta proposed for a site". It is lust auch plan provide reasonable assurance the under the proposed ruse (the final rule infonnetton which both the redress camed out under the plan wou provideo that pernuts wdl beve terms og rule and the Analrule woum, pmposed achieve a "self maintaining, require of betwwn ten and twenty yearel.He environmentally stable. and pomts out that under the NRC's current

• Ties. se ceasemise destems m senew me conformed to local soning laws. ne aesthetic 2Hy acceptable site" which regulations. NRC early docutone on site

• • == sf *e enemmens aim e emes

• suitability issues raised in noenscuon only traportant difference between the with a construction permit genersil

$$%**M' MMM" proposed and final rules on this subject remam effecuve for only Bye years.y men me essee w annwr wesen e enemi is that the final rule requires such a ple j See tamme me en i==ms, resa emme been.

only of applicanta who wish to perform ;!

1

p l

l'odoral Register / Vol. 54. No. 73 / Tuesday. Aortl 18. 1900 / Rules cod Rerulations 15379 the acunces allowed by to CTR (for the text of secoon las, see below).

thall thmePee mue e liosase to the 53.10(e)(1). NUMARC says thet this They often cite Powne Asocsor aPPheanc...

j requuement is " inherently unworkable" Development Co. v. insernaconal Union 42 U.S.C. :3L To be sure, the section sad would involve the Coaumssion in of Electncal Workm. 337 U.S. 396 speaks in terms of a construenon i

matching rearees against a vanery of (19611 as support for this interpretation permit's being issued first, and then a local eotung laws, of secuon ist.To these arguments, licom(presumably an oparetmg To the contrary. the rule's pronsions those who believe that there should be licensel. However, the contreet between en site redress, acluding the pronsion no hearias,or else only a highly the two licensee is not fundamental to on senas. are modeled on the redress restncted hearms, after construction is the section. De substanes of the secuen i

I regturements imposed on the Cunch complete wply that section teih of the is c early indicated by the title of the River Breeoer Reactor protect. See la the Atoauc Energy Act gives the section and by eslist of findings the Matter of the U.S. Department of Energy. Comaussion authoney to combine a r'a=== ion must make. The secnon rt al. (C11ach River Breeder Reactor constrocuen persut and an operetag may be paraphrased thus: A Planti. WIP-46-7. 21 NRC 307 (1986).

License a a smale liosaae (for the text of construcuan permatis not a grant of Moreover, the Comaussion has long secuon leth, see belowl-sueonty to operate enos construenen is requtted that applicants' ennronmental A closer look at secuan16th and185 reports discuss compliance with local shows that section teth clearly gives the compg,ge., before operation begas, the i

laws includmg sonas laws. See 10 CI'R Con. minion authenty to combine a ongmal application must be brought up to date, and the Comanesion must make 51.45(d). Apparently NUMARCla not cor.struccon peraut and operetin opposed to redrese per se, for alicense in a ainsielicense and that certain affirmative fadings.Thus the entical matter is not the separonon of NUMARC's proposed rension of I $2.:5 secton 185 is not inrensistent with the two licenses, but the need for of the proposed rule speaks of the section telh Secton 18th says,in possibility that redress of adverse pertinent part, that the Comnussion has specific findings before opereuon. With ennronmentalimpacts might be the authonty to " consider m a smeio this substance, both the proposed rule and the final rule are enurely in accord j

necenary.no Comuussion is only applicauon ene or mme of the scavities (the prunent provnions of b imalrule l requinns that such redress follow the for wtuch a license is required by this mil be desanbod in more detati belowl.

precedent established at Clinch River Act (anol combme tn a smale license and proceed according to a plan one or more of such acttwties..." 42 Moreover,in differenualms between a lacorporated in the early site pernut.

U.S.C. :.101 ne plain language of this

".construcuon peruut" and a later Contamma a redrese plan, the permit section clearly applies to the combining

. lloonse", section las is not taking exception to secuon strih, Section las itself wiu consatute assurance that,if of construction peruuta and operating does not say, for instance, site preparacon activities are carned licenses, for both construccon and out but the site never used for a nuclear operanon of nuclear power facilities am

..Notwithstanding any& lag in section Power plant. the site will not be left in

" activities for which a license is leth to the contrary, apphcants shall be j.

an unacceptable condition.

required by this Act". namely by granted initiaDy only a construction

3. Combineducensee sections 101 and 188 of the Act, see 42 pundt." By speakhs of a separate U.S.C. :231 and 2235, and section losa issuance of a license after completion of

a. no Comaussion's Authonty to !ssue of the Act makes any license to operate construction, section las simply Combined ucenses a commercialnuclear power facility conforms itself to the simpleet case,in l

here are two important questione in

" subject to such conditions as the which the licenses arein their j

connecuon mth the proposed rule's Commission may by rule or regulation elementary. uncombined states, and i

pronsions on combined construcuan establish... See 42 U.S.C. 2233. Had avoids havtag to make an alreadylong peruuts and operettag licenses with Congress intended that construction section longer in order to acknowledge conditions. no first te whether the pernute and opereting licenses for Qw can wluch sechon18th maku possible. Monover, section 185 Comnussion has the authonty to issue commamalnuclear powr plants be acknowledges secuon 16th implicitly l

i combinedlicenses. ne second la excluded from the language of section whether,in cases where all design leth, surely Congress would have said whenit speaka not of a separate Issues are resolved before construction so right in that section, for the plain application for an operates license but beams, there should be a hearms after language of that section inntee their simply ot an updating of the onsnal construcuon is complete, and if so, what inclusion. and they are the most application.Therefore.nmbr the leeues should be considered at the important licensee issued under the Act.

proposed rule nor the final rule can be hearms.

S**D'" 188 38 8 th' C'"'Y faulted for not prending foe a separate Comments on whether the Secuon 188 says,in portment part '

losuance of an operennelicense.

his interpntation of section 185 ls Commission has the authonty to issue CONg'f1tUC110N pERMITE.--All confirmed by the legislative history of combined licenses tend to nuner the appucents for heenses to construct...

the section. In 1954. when Congress was commenters' vtews on what kind of unuseboa feathum shall... be tattially considenne proposed amendments to heanns should be held after a

on ee j

the Atoauc Ene Act of 1948.

construcuan is complete. In other words, the discussion of this issue tends to be feathry, upon the alias of any additional mpmsentauves o the hdustry informanen needed to bnes es wunnel complained that the proposed section result.onented. Rua, many who believe appucauon up to date, ame upon findes that 185 required that construction of a that there should be a hearms after the facanty authonsed has been construewd facihty be completed "under a mere construccen. and that it should be as and will operste in conforuuty mth the construction peruut. without any -

full a heanns se operstmg license apPbcanon as amended and la confomuty assuranta at that stage that there will be hearmes often are, argue that the y,88,P,",",,",7,,d fgf,$$j,',,,

issued any license te... operate it after 3

Comnussion has no authonty to issue combined licenses. ney claim that la se heepf any pd mu %

11 has met all the specifications of the section 185 of the Atomic Energy Act shown to the t'a=== way the greatme of construction peruut." Atosuc Enetwy Act.

a ucense womid not be en eenereasse me of1954: Heannes on S. 3323 and H.R.

mandates a two-step licensing process the provu6oes of thle Act, the Ce===aa 8862 before the lolat Committee on n,,._-..-.,--e-r,-m

~~-~=

~ ~ ' ' '

' ~ ' ~ '

~"

~

y l

4 I

I i

asses Federal Resister / Vel. 54. Ns. 73 / Tuanday. April 18. 2983 / Rulee and Reeulations l

Atomic Energy. 83rd Congrees. 2d Admimetrente Procedure Act (APA) hesnas also believes that anissuein Senion.113 (May 10.'1984). These which says. m effect, that adtudication beenne should be whether construcuc reprnentatives proposed instead that is not requtrodin cases in which the has been completedin accord with th, power facihty appucants should be able agency oecision rests solely on tenne of the combined license, and the to obtain a single license covenns all inspecuona. testa, or elocuens". See &

faal rule so provides. Also, under aspects of their senynne>-construenon.

U.S.C. $54(e)(3). Under Part 6t's i

ponneton of fuel, and operation-end provisions of combinedliconees, a acetion 185 of the Atomic Energy Act.

that the beense should contain the combined license wsil contain the tests.

the Commission must find, pnor to conditions the applicant would have to inspecton, and analyses, and facility operanon. that the facility has :

3 meet before o non of a constructed -

acceptance entena therefor, which are been constructed and wdloperate in !

i l

facthtycould Id. at 113 and 118.

necessasy and suf8cient toprovide rules and regulatoms of the Comunissii conforuuty with the application and ti On this pro took place:posal the fouowing colloquy reasonable assurance that une facility This statutory flading. in the context o 1

has bwa construced and will operomin i

Repmanisun HINSHAW. net seems to conforsuty with the license and the Act.

SubpartCof thisrule tronalstesinto me to be rueenable, that you should put oil See i 62.37. DOE's argument amounts to two separate but related regulatory t

the coneboas less t baseos that een to put the claim that the kind of teste and andings. that==rl'=aa= with the into 1 Itcense. That would be fair enoush.

inspections spoken of in Part at la the atoeptance Entenain the combined I

i Chatrean cotA would you med my interrupcoot Why samaet that be done under rame es the kind of tests and license wdlprimde reasonable 5

'as tions spoken ofin the APA.

assurance that the facility has been the tenne of the bill as at is nowf l

Mr.McQUIlm tmpmenans Detroit e Cosumseien agrees that findings constructed and wiu operatein so thinkit undoubtedly would te to which rest solely on the results of tests accordance wie b Commmion's and inspecuent should not be

'm chatnnan C0110! course et would.

u ca and an l'

c Mu H

N former finding milbe made pnor to Id. at 119. Chairman Cole estd this evenevery im'dma the Comuussion must issuance of the combined license, and thouah neither of the draft bills before the Comnuttee contamed the text of make before operabon betems under a wdl necessanly be the subject of any what is now secnon 16th. Twelve days comomedlicense wdl necessanly comMned heense beenne under acum later, as if to put the matter beyond all always be based on wholly self-189a of ee Act.no lauw Ansne doubt, the Committee incorporated the implemenung acceptance enteria and cannot by its nature be made untill present text of action leth into both therefore encompassed within the APA ahw construcconis substanuaHy bills. The final rule provides for just excepuon.The Comunassion does not complete. and therefore cannot by its such a smgle license, with conditions, as believe that it is prudent to decide now nature be the subject of any hearms was discussed in this colloquy.

before the Comaussion has even once,

ficonse.Thus, to se enmat es or toissuance of the combined PowerReactorDevelopment Co. v.

gone through the process olludging Elecincel Workers. 367 U.S. 396 (19611a whether a plant built under a combined jo portunity for beanas should be is not to the contrary. The issue in that license is ready to operste, that every i

o8ded not to oPeretion. it should be,

P can was not whether the Commission finding the Commission wdlhave to conBned to the smgle issue that cannot had the authonty to combine a make at that post wdl be cut and-have been litigated earlied-whether th,

construenon permit with an operating dned-procuding according to highly acceptance entena are satisfied. No i

l license with conditions but whether thedetailed " objective artteria" entailing comunenter has offered anylegal Commission could postpone the uitimate little judgment and discretion in their argument to the contrary.*

s safety imdmgs until construction was application, and not involving questions Commentere disagree greatly on 4

complete.The Court ruled that the of " credibility, conQlets, and whether any otherissue should be Comnuuion could. and found support sufficiency". Quesuons which the Court considered in a heenne. De proposed for its conclusion in wetion its, which in UCS v.NRC. 735 F.2d 1437 (D.C. Cir. rule provided that intervenore could showed, the Court said. that " Congress 19a4). held were marka of issues which contend that sismficant new informatio:

contemplated a step.by-step procedure." should ba litigated at least under the showed that some modi 8 cation to the 367 U.S. at 405. But the Court did not facts of that case. Indeed, tryms to site or the desian was necessary to i

say. "secuen 165 mandates a separate assure that the tests. inspections, and -

t issuance of an opereung license.

related acceptance entens in the assure adequate protection. To this, notwithstanding section leth." The combined License are wholly self.

NUMARC responds that "no one could i interpretation of section 16th of the Act implemennas may well only succeedin sonously consider ordering a new plant l l

with the licensms uncertataties it would '

was not at issue.

mtroducm3inorchnete delayinto the face." NUMARC proposes a complete heannson the applicauon for a

b. Hesnnes After Construction is combined license, townte of I 5L103 elements of which

(

Compgete Thus, the question becomes whether are discussed below. Sevaral industry The firstissue concorrung beannas the rule should provide an opportunity

. commenters point to the "added i

burdens" that applicants would be

)

after completion of construction under a for a poet. construction beanas on the combined licenseis whether there issues v'hich are not excepted from assuming under the proposed rule as should be such heannes at all.Most adludicauon by the APA. Whether the grounds for uverely limiting the lunes commentere, whatever their affiliation.

Comminion could or should go further for heanns. Rockwell laterneuonal.

under its governing statutts we leave lastance. claims that with the hear believe that there should be the opportunity for such beannga. They future consideration and expenence: to dissgree only over how limited the this rule adopts an approach within the 3,,,,,,,,3, heannes should be. DOE argues t.'at bounds of ourlegal authonty which sets then me.s es ne,n,. sees et sees eens.,

shoemo heins there should be no such hearmes at all. reasonable limits os any post.

h"*" **the ~ - - wer as spammes et she d8 ** **

,[,,,,,,." ***"eem ine en,,",,

As the prmcipal support for its construction beanns. In this regard.

• * ^ "

argumeot. DOE cites the section of the every comrsenter who believes there should be such an opportunity for esereas en ops nuent ser hennes es en asemos mennu h.moe on.,= seeney eswesen.

l l

I.

f'ederal Resister / Vol. 54. No. 73 / Tuesday. Aon! 18, 1988 / Rules aid Reeulatio 15 $

3 i

under i 51103, there w 11 be four pubhc To the extent that these commenters CFR L20s.nle approach toissues heannes for each plant.

offer any procucal argumente in favor of Public interest groups also take a dim concermas the inadequacy of the view of the pro this approach they m not paroussive.

combined hoense is wed founded in t,

on the hearms, posed rule's hartanonaRockwelllaternauonalmay engagein discronos afforded the Commission thoush their reasons are not the industry's. UCS says that a ecme double.counnas whenit asserte under secconits of the Act to that there are four public haannge for determine what ceasetutes " good licensing proceeding mthout uncertamty each plant. but when the Maryland conse" for not peruutting operonen. a le a sham. OCRE goes further and i

j noserte that the uncertainty should be Nuclear Safety Coahtion says that the in the analogy which this approach h. ;

dietnbuted equauy:"la a perfectly fair public can debate licenome issues only proceeding. [ thel chance (of mruunal in an early she pernut beenne and after with the way conseruccon peruuts er i would be 60E? The Maryland Nuclear toastroonom, and therefore needs treated in operetag hoemse proceedir :

Safety Coahtion counts only two another haanns on design nuew,it Cententiene alleges madequamos in '

haannge for each plant. NIRS says that inexphcably sumplyignores the construence perant am not now i

many problems with the current mandatory pubhc heareg on the adsdesiblein an opersang license.

generation of remotors wm cured under applicauen for the combmed licones and proceeding.Similarly.nac;st the firial rule, conteneoes allegag inadequecie,

l the fuu two etoplioonoms process.

the oppornalty for a public beenne ce in a combined boense are not admissi This letter group of commentere an apphanton for a design cornAcetion,

)

appears to be opposed to any limitstion Moreover, contrary to NIRS.

in a post construenos bassing.

on the poet.construccon beenng. for not shortemmnpa in certain niants were not Moreover, as we noted, this approach one of them proposes a concrete En.J beceum the Iloonems fuuy setisfies appucable law.

alternanve to the proposed rule's proceedings consseted of two steps but

' I""**

provisions on the beenng. UCS does seY rather because design issues had to be These are takenup secuen by sects

}

i l

that the hennas should encompase "au resolved and construction made to Not discussed are most of the many issues that are tastenal to the NRC's conform to deeien before operanon 1

e proval of an operettnglicense for the began. Part $2 provides for no lose.

changes mode to the proposed rule fo the sake of clanty, brevity, consistene !

p ant'. but that statement to either so The final rule adopte e straight-ePecificit general as to be just another way to put forward approach to linunnt theinun however.y, and the 8ske. Worth nou is that this Federal Repeter the quesnon of what teaues should be in any post construction heanns on a notice moves Appendices M.N.O.anc.

encoinpassed, or at le the claim the t' combined license. As a matter of logic, Q of Part to to Part SL so that, except

• '$','g *,**d

]in could be rensed at that stage would Comnueston's requianone on every conceivable contenuoriwhich for Subpart F of to CFR part 2. all of tr '

confornuty with the terms of the nenwanly take one of two genml standanhaston and eady wwludon o combined license, all the operstmg forma. It would allege etther that licensmsissues willbe a one part of1 i

licenu tasun resolved beim

' construction had not been completed-CFR Chapter 1. Readere are ternanded construenon should be treeted as tf they and the plant would not operate -in that a comparative text showmg all had never been resolved. Many conforuury with the terms of the deletions from and additions to. the t

commentare dois fact seem to be combined license, or that those terme proposed rule is avadable in the NRC*4 I

making such a claim. for they contend

, were themselves not in conforuuty with public document room.

against any haute on the poet.

the Atonue Energy Act and perunent construction hearms at the same time Comades6on requirements. The final rule J. Early& Primhs that they support the idea that design makw tanum of conforuuty with the At the ausseenon of NUMARC and issues should be resolved before terms of the combined license any post construccon heanns.part ofothers. 5 52.17 now gives applicants fo construccon.

There tieve to be substantiallimits on those leeues are excepted from early este pernute the opnon of unless i

the leaves that can be raised after adjudication by the APA exception for submitting parnalor complete i

emergency plana, for faal approvel.

construccon. A lleensins proceedmq findings which are based solely on the Also, the escuon requtres a redren ple' without any uneartataty to result may be results of testa andinspecuona.The only of applicants wno wish to be able a sham. but the bulk of the uncertainty finalrule does not atteinpt to sayin to perform the site properation work en should be addressed and ruolved pnor advance what tasues might fall under -

similar work allowed under to Cill 1o not after, construction. Part 52 does that exception.The commente are 50.10(e)(1).1.ast, mcorporsung not remove uncenataty. it staply marly na==aus in the optaion that reallocates it to the besmams of the leeues of conforuuty with the combined suggesuone by UCS and othere, the -

licenoms procesa. ne alternauve license are properly encompassed in any considered in deterinuung w secuon says what factors should be apparently offered by opponents of post construction heanns. Moreover, area surrounding the este is " amenable. ;

limits on the poet. construction hearmg this limited opportumty for beanos is to emergency plaruung. To avoid is,in effect to double the uncertainty by consistent with the Comaussion's belief suggesting that the Comnussion is

'i considenns every design teene twice 6 that. even il secuon tg5 did not speak at adopting new emergency planmng all to the need for a conformity finding, standarda. 6 52.17 abandona the

. n,.

, ems ocas e semen eta ' asset.co, the ^mion itself would need to proposed language of"smenabthty to r

ter presseems a w= asst eartsoi fasesse esmd be i

nheed be menses messe ene io eee alcains.

make such a finding pnor to opersuon in emergency planmagin favor of

'"7,",'",,,','*,", J'8("'j*,,'",'g**g order to conclude. in the language of language drawn from existing 1

y section 103. that operation is not i

doeien issues. sui two seen saanese ese eeweemmi Inimical to the health and safety of the regulations on emergency plannmg.

%,,,,w,,,,,i,,,,,,,,ee,pg,%

Section 52.18 now makes clear that ie s in chasse os u ses, uw cannes es coeuw public. The final rule also provides that need for power to riot a consideretton at issues of whether the terms of the j*Q L"'*"j,' *,",,*,",,'l7 combined license are themoeives the early site pernut stage.

'8 chance er wumme a esi. neervene w ocur.

inadequate are to be brought before the in a number of places.-44 52.23. 52.53 "pwinortur.

Comaussion under the provisions of to 52.37, and portone of other sectinne-the rule provides explicitly for ACRS 1

l i

1 s

H382 Federal Resister / Vol. 54. No. y3 / Tuesfav. April 18.1980 i Rules and Resulations renew of inues to make clear thst. even though the Atomic Energy Act does not, shorter than twenty yeare. See perfeemance regarements andlac engsnalpermit can be fixed at a term in terms give the ACRS e rolein the I $2.27(a).

thenecessarycodes standards,ar i

granung of early site permits. design in its comment on 4 52.31. LeBoeuf.

other socoptance and performance cernficanons, or combined licenses, the ACRSis to have the same role with Lamb suggests that at renewal the cnteria to which the equipment an respect to these devices that it does with burden should be on the N==iaaion to matenals wdlbe fabricated and te respect to construction permits, show why an early site permit should Construction andlastaustion operettaglicensee, and the like.

not be renewed, but that a given permit spemAcetions would have toident Whereur the ACRSis spoken ofin Part should be renewed only once,and for enteria and methods by which sys'

$1 the intention is that the ACRS renew not more thhnJan yeare.no finalrule structures and components are ere.

the perunentissues accordin retains the provisions of the proposed or installed in the facility and inclu standarda spectned therem. g to the rule, because they provide more neceptance,perforumance inspectic i

flexibility to both the Comaussion and and testing requirements and criter As in ths proposed rule, l 52.25 holdere of rmits.

in l 82.47. the provisions on testi-provides that the holder of an early site Much of a discussionin Sections prototypes have bun reworded to.

I pernut which contains a site redress ILt.f. and IL3.b. above on the Anali of suggestmg a tion that desit I

plan or the applicant for a construenon design corn $ cations and beennes the effected could be certified ter

{

peruut or combined license which construction is relevant to the after successful teettaa of a prototy references such an early site peruut.

provisions in 152.39 on the Anality of One individual and the U.S. Metn may perform the activities at the site early site permits. Section 52.39 now Association urged that the rule regt allowed by 10 CFR 50.10le)(1) without states that, except in certain hmited that techalcalinformationin i

first obtaining the separate circumstances, lum mulwd in a appbcations be inanetnc unne.b authonsstion required by 4 50.10. ne proceedmt on an early site pernut chall staff believes thereis much ment New York State Energy Office oppears be treated as resolved in anylater reposal, but because the public hai to take this to mean that the holder of proceedmg on an application which ad an opportumty to comment un t the penmt may perform the work refmncu be earW sHe pennit. On M is notincorporatedin the finalrule w thout NRC approval. To the coritrary.

NRC staffis considenna propoems.

the eatly site permit which contams a d

2

&a e

a amendment to Part 52 on the subject redress plan is itself NRC approval. De earh sue penna should be snodified:

• • "*" ".5A SLES. and 52.6 law firm of LeBoeuf. !amb. Leiby a MacRae. representing several utilities.

h5 a2 ss a a '

Onil52 g

),

g sun remarks in Section IILt.above on argues that recent case law, especially raised by the petition in accordance ll 52.2152.27. and SL38 respectivel NRDC v. EPA. 659 F.2d 156 (D.C. Cir. with the standard in paragreph (a)(1) of Also. I 52.55 of es pmpo, sed nile at 1968), calls into question the g' '"I"' "CUO"'

Commission's limitations on non safety years as the duration of cernfication.

related construction before issuance of a

2. Desip Cemfications N finalrule extends the duretion i fliteen yeare, to perant more operstir permit. LaBoeuf.1.amb concludes that la the proposed rule. I 52.45 contained "penence wnh a 3 wn d i 52.25 and related pornone of Part 52 matenal on scope of design and testing socumulate before the cert 18 cation should be deleted and the limitations tnog p.ototypes. nie matenal now i 50.10 reviewed in the light of the case appears,in modined form. in i 52.47 comes up for renewalor ceases to be law, ne Office of the General Counsel N phnu essentially complete available to applicants for combined is undertaking a review and will nuclear power plant." which is used in licenses. In addition. I 52.83(s) limits Commion ordend recommend to the Comnussionif any 5145. In defined as a design which modifications of design.cern$ed channes to these secuona are warranted. locludes all structures, systems, and elements of a spec Sc plant to situatic In the meanttme, the Comuussion has components which can affect eafe in which as modification is necepar-decided to keep Part 52's provisions on operation of the plant except for site, for adequate protection and special site work intact and consistent with the specific elements such as the service circumstances as dannedin 10 CTR j

related provisions in Part 50-water intake structure and the ultimate 50.12(a) are present.nis double Section 52.27 now contains some of heat sink. Werefore, those portions of the matenal which appeared in i 52.29 the design that are either site spectfic requirement does not mean that if a of the proposed rule. OCRE objects to (such as the service waterintake specific plant presents an undue nsk i no special circumstances are present t the provision in i 52.27 which treats an structure or the ultimate heat sink) orplant will not be modified. Rather, the early sue perirut as valid beyond the include structures, systems and date of expiration in proceedings based components which do not affect the safe modtfication will take place thro on applications which have referenced operation of the facility modification of the cerufled design the early site pernut. OCRE argues that warehouses and sewage (such as itself, as provided for elsewhere in the treatment this provision allows clever applicants facilities)may be excluded from the same section.

to avoid new site requirements by scope of design,in addition an Noreticeuy. it would be possible fi as applicant whose application referenemg an early site permit just euentiaDy complete designie a design referenced a cern8ed design to select before it expires. At bottom, this is that has been finalized to the point that really an argument that early site procurement specifications and designer (s) other than the designer (s) permits should have shorter durations.

construction and installation which had achieved certification o ne Commission is confident that the spectfications can be completed and standard design. Section 52.63(c) make.

spency will be able to make site made avallable for audit ifit is clear that such an applicant arught be judgments which will retain their determined that they am required for required to provide informanon which :

validity for the duretions provided for in Commission review in accordance with normally contained in procurement the final rule. However, the final rule the requirements of I 52.47(a),

specifications and construction and does provide that the duration of an Procurement specifications would have instaBation spectfications and which is to identify the equipment and material consistent with the cerufled design and available for audit by the NRC staff.

i I

Federal Resister / Vol. 54. No. 73 / Tuesday. April 18. 1909 / Rules and Resulations 153:

2 Also, i 52.73 requires a demonstration Secnon 52.43 t.ow provides that the thatit would be acceptable for Jiat the riew cesigner is quahfied to initial term of a combined license shall interested persons to west until notice i

supply the design. Last, the new not exceed forty years from the date on received before they exasune the reco designer would have to pay a portion of which the Commission makes the of construccon.nese time periods are :,.

the cost of the renew of the appbcation findmge required by i 52.103(c).

like the sixty.daylimit in the Hobbs A -

for cernficanon. See to CFR 170.12td)

On i 52.87. see the discussion in 23 U.S.C.2344 for petitions for direct and (e), as amended in this document. !t Section m.1. on i SL25.

Judicialreyww of an agency rule.Thes i is expected, as a proctical matter, that NUMARC proposed removing from limits assume that the pettuoneris appbcante referenems a certfled desien i 52.a0 any reference to design familiar with the famiamentals of the j

would select the designer which had cornficanons,on the grounds that record before the limited pened betrmt ;

achieved cernfication of the standard environmentalimpact statements should helimited penedis then prended for design.

not be prepared in connection with consideranon of optons, consultat

3. CombmedLicense, ceruncanon rulemaMass.no with other interested persons, and Secuon 52.73 now prendes that the references in this section to design drafting of pleadings. In any event. the,,

enuty that obtained cernficabon for a certificahone are not meant toimply final rule provides samty days,in i

tiesign must be the entity that supphes that environmental impact statements considersuon of the pleading standard i the design to an applicant for a must be prepared in connection with I 82.103 imposes on petitionere.

combined license referencing the design. design cerancauons.

Moreover,asnotedabove toassin i

urdess it is demonstrated that another Secuan 52.93 has been reworded to Interested persons in becoming familis !

entity is quahSed to supply the design.

reflect more clearly that the inspection with the construction record. 5 52.99 This provision was added because an carned out during construction under a now prowdes that nonce of staff enury supplying the design should be combined license willbe based on the approvals of construction will be quahfied to do so: the enuty which tests, inspecuans. analyses, and related published penodically in the Federal !

obtained the ceruScauon will have acceptance entena proposed by the Register. Any heanns held under demonstrated its oushfications by applicant approved by the staff, and I 52.103(b)(2)(1) will use informal incorporated m the combined license, procedures to the maxunum extent et eate fI

.73 of the Severalindustry commenters proposed Practicable and pernussible under law proposed rule now appears m I 52.79 of adding to this section a requirement that In particular, the 'a==asion intends i,

r the fmal rule the staff prepare a renew schedule in make use of the provisions in 5 U.S.C.

DOE proposes redrafting I 52.79 to C08'nection with each combined license.

554,556, and 557 which are applicable.

require that no application for a However. such a requirement would be deteraming applications for initial combined license be considered unless largely duplicative of a long-standing licenses. Under i SL103(b)(2)(ill. the it references a cerufled design. The final statipracuce under which the staff NRC staff willrenew the I L206 rule does not contain this restnction Prepares an annualinspection plan petition and make appropnate.,

I becoure there may be circumstances in which allocates resources according to recommandations to the Commission which a combinedlicense would the pnontles among all pending concerning the pention.The properly unlise a non. standard desian, inspection tasks. De annual plan Commission itself willissue a decision i and because such a restriction would should assure the timeliness of staff granting or denymg the petition in who,

mean. among other things, that every renew of construction under a or in part.

prototype would have to be licensed in a combined license. Section 52.99 Finally. Urenco. ine is concemed fully twHtep process. In connection envisions a " sign as-you go" process in the last subsecuon of I $2.103 not be with I 52.71re provisions on submission which the staff signs off on inspection taken to suggest that the Commission l of complete emereency plans. NIRS units and nouce of the staff's sign-offis would have to make separate findmus '

somet.ow concludes that Subpart C*a published in the Federal Register. UCS for each of the numerous " m provisions on emertency planrung says that it is " totally inappropriate" for gaseous diffusion facility. The issue of

" extend

• to the detnment of state and the Comnussion. while construction is how the modules of a gaseous diffusion local govemments, the " realism" going on, to sign off on inspections and facility should be licensed is beyond th doctnne set forth in to CFR 50.47 and thus put matters beyond dispute which scope of this rulemaking'. I 52.103 recently affinned in Commonwealth of might otherwise be raised after therefore cannot suggest that the Massachusetts v. NRC. 886 F.2d 378 (1st construction is complete. However. UCS Comnussion would have to make Cir.19aal. Apparently. N!RS believes has misunderstood the Comnussion's separate findines for each of the that to settle emeregency plannmg role in the inspection process. While modules of such a facility, i

issues before construction is to " extend

• construction is going on. only the staff the doctnne. To the contrary, although signs off on inspectiona. ne IV. Replicate Plant Concept Subpart C assumes the " realism" Comuussion makes no findings with in the notice of proposed rulemaking. -

doctnne as it is enutled to do,it does respect to construction until the Commisuon published a revised i

not extend it.The doctnne remains construction is complete. Section 52.99 policy statement on replication of plant I precisely what it is in 4 50.47. Moreover, has been modified to make this point andinnted comment on the rensed I

the Commission's aim in drafting more clearly, policy. See 53 f'R 33057, col. 3. to 320% i Subpart C's pronsions on emergency UCS and other commenters object to col.1. Severalindustry commenters i

plannmg has been to follow to the the section in i 52.103 of the proposed remarked that the statement's maximum feasible extent the National rule which provided interested persons requirement that the application for Govemors' Association's thirty days after notice of proposed replication be submitted within five Recommendation. at its 79th annual authonsation of operation in which to years of the date ofissuance of the stal:

meeung. in 1987. that "... emergency request a heanns on the specified safety evaluation report for the base plans should be approved by the NRC grounds. Yet the thirty day requirement plant effectively made replication i

before it issues the construction permit was rirewn from section 189a of the Act.

unavailable for the short term. They for any new nuclear power plant."

Neither the Act nor Part 52 imagines recommended removmg the restnction.

c 15384 1

Federal Rosaster / Vol. 54. Nr. 73 / Tuesday. April 18,1938 / Rules and Reeulations or at least lenge=== tt. The subsequentlyiduu6ed by the ACRS or Comnussion has deaded to retain this durag the pubhc haannes on the base Paperwerk Redusalsa Act Statsmen restncnon. De 6ve-year figure is in fact plant application as reqmnaslater

% fint mle amuds inimmana l

alredy a lengthenmg of the analogue resolution:

collecnon regaremsats that are sub figure m theimmecuately preceding vemon of the poucy statement. De (5)Idenuficauon of the major to the Paperwork Redochon Act of1 restncuonis a reDection of the contractors, with jush8cataan for the (64 U.S.C. 3301 er84). Does Comnussion's belief that applications acceptability of any that are ddlerent mgutsmats how bus submined t which reach back further than a given than those med by the base plant OHloe of Management and Budget applicant and (Wor anynw appmpnata u number years probably ought to be considered as custom-plant pla(6) A discunston of how the replicate 6e Act ne e5ecen dan of this at nt design wtll confona to any prende fw es days mquim applications.

changes to the a==="s regulations OMB mnw of es non.

c Policyon Aaplication which have become effective since the couection requirements contained in

%e repHoste plant conceptinvolves muance of he hconse for the bau rule.

an appucanon by a utility for a license plant.

Public reportma burden for this to construct or operate one or more Envimesmestal Wlogerinal collocuan ofinformationis estima averess 21000 hourw per respon nuclear power plants of essentially the

'"A"d""

same design as one alreadylicensed, including the time for reneweg De design of the plant already ne finalrule amends the procedures instruccons. ese omsting data licensed (termed the base plant designl currently foundin Part 80 andits sources, gathenne maatsining ti may be replicated at both the appendices for the filing and renewing data needed,and completas the construcuan permit and operetmg of applications for construction permits, license stages, and in appucations for operstma licenses, early site renews.

tenewmg the collocuan ofinformath combined construction portruta and and standard design approvala. As such Send comments meerding this burden operating licenses m a one step they meet the ehgibility enterte for the estimate or any other aspect of this licensme process. Replication of an catesoncal exclusion set forth in to CTR collocuen of information. including approved base plant design at the 51.22tc)(3). net secuon applies to suagestone for reduems this burden.

construccon permit stage is a

"{s)mendments to... Part the Recoros and Reports Managemen prerequisite for its replication at the which relate to (i) procedure [] 50.... Branch.Dinston of Informanon s for fihng oPerstaglicense stage. Althouah and reviewmg applicanons for licenses Suppport Semces. Office ofInformat repheation of the base plant design at or construction permits or other forms of and Resources Management. U.S.

the opersunglicense stage is not perminion...." As the Commisalon Nuclear Regulatory ca=== alan rnandatory, that is, the operstmg license explained in promulaatma this Washlagton. DC 20558: and to the application may be submitted as a exclusion. "[s]lthough amendments of Paperwork Reduction Project (3154 custom plant applicauon. It is strongly this type affect substantive parts of the

- 0000). Office of u...

- tand mcommuded.

Commisalon's regulations, the Budget Washington, 20803.

An appucation for a replicate plant amendments themselves relate solely to Regulatory Analysis -

must demonstrate comphance with the fourlicenseg requirements for new have anQe ect on the environment. 49* * * %

As pmoutly constituted, the NM I

plant designs as set forth in the 9352. 9371. col. 3 (March 12.1934) Amencan populabon of nuclut powe Conummon's Severe Accident Policy

@h*I"Vironmnt*lPWCliOR reactors consists largely of one of a.

Ststement (50 FR 32138: August 8.1985).

mgulations). Accordingly pursuant to kind desians. Exponence has shown ti Each application propoems to 16 81.22(b). no unma,antal the highly individualisuc character of replicate a pronously licaansed plant impact stakunt or ennronmntal this popuistion has consumed enonnot will be subjected to a quahficauon assusment nwd be pmpamd in resources in the processes of design. =

tewew to detennme the acceptability of conneWon with thesdna%s,

construccon and safetyrenew, the base plant for rephcstion and to Because, typically, design of a plant w; define specific matters that must be ahmehm m miniesm sam m fu **

not complete when construenon ofit addressedin the application for the P,",',*",d** ", M d* E U M p began many safety questions were not replicate plant. A further requirement resolved unullatein the heensma ior quahhcation is that the application sa ne amenemann we. m ten amamemene se n,n proceedmg for that plant.The late for a replicate plant must be subautted Pan se psesseum and asund how base pieemd la resolution of questions introduced rea e

• "**'t.

within fwe years of the date ofissuance

' "* ""*"'** "*"'eus mass W hilem uncertainty into proceedings, because 3

of the staff safety evaluation report for 7," M O "isen," M,"*F the process of resolution often entailed the base plant. The quahfication review will consider the following information:

I st.sstetten. umse se esmeer one to segmeenseen.

lengthy safety renews, construction -

asopphemmine h delays, and backfits.Moreover the low (1) The arrangement made with the Pl**' ** ** ***,'*m in tend see met a seeissype incidence of duphcanon amo

"* ** "**'"""8 8's**'

developers of the base plant design for of a enley vale winsk appuee w esme,'a,s,p,ie has meant that exponence gained in the its replication:

construcuon and operation of a giveri

( )The compatibihty of the base plant plant has often not been useful in the.

n the Iwmaisemen et poemmaseem design with the charactenstics of the d,8***g,",,,"","s 6 asar hoe endy aconstruction and operation of any other c n,,,,, g,,,,,,, gn,,w,,e,g",,,,,, e,,,,,,,,,

plant, and has made the genene sits proposed Ior the replicate plant 8***

(3) A desenption of any changes ta the base plant design, with justificanon ior Unew un presses swemmenensen. en mosassend the changes:

enwommensen massesamme w imenen einissent een cameeveses pwat and sess ons bessee Iw e (4)The status of anY matters be mes a e n et ears, um imerne==

preimyne eiest wound, et eewes me e meest ledere ne amt wun e amm enen esmanam W ee ema me e esmannimesa a me mammes identified Ior the base plant design in Aissue sessur Asi hee es immenseis a mesewette nas wand mind en powenese er es toe rotety evaluetion report. or een,ummament emusea and meswee wanesa e envereenseina smoest sessammet a 4d conseneet nessammt ne inesen W me same mesi eswam emanas sowsmm mmi ennsym umwe eey gesmes some seenent

1 rederal Resister / Vol. $4 No. N / Tuesday. Anni 18. 1989 / Rules cad Rerulations n

I resolution of continuma safety issues standardmauon. Clearly.if the (Dec. 9.1936). The impact on inten e-1 I

more complicated.

Commission and the industry spend the or potentialintervonors mil be neuu L

in the face of this exponence mth a resources necessary to cerufy a score of For the most part. the final rule will I

opulation of unique plants there have designs and then no apphcant affect the timing of beenngs rather t: -

ong been fundamentally only three references any of them. those resources the scope ofissues to be heard.For I alternanves for Comaussion accon. the will have been larply wasted. On the example, many site and design issue last two of them not mutually exclusive:

other hand. it is lust as clear that if a will be considered earber. In connec either make no effort to bnns about an score of planta uses a smgle cernfled with the issuance of an early site pei inornsed degree of standardtsanon. or design, there will have been a great or standard design ceruficauon, rat propose legislation on standaraination.

savmg of the resources of the industry, than later,in connecnon with a fac:1 1 or enact by rulemaking as much of a the agency, and the interested public licensing proceeding.Similarly, a scheme for promotme standardization alike. To be added to the uncertainnes combinedlicensed proceeding will f

as the Comnussion's cunent statutory surroundas the industry's response, include consideramon of authonty peruuts. The Commission has there are also uncertatnues concernmg issues that would ordinanly be defe:

for some tirie concluded a omst the first the costs of the ceruficauon process, until the operating license proceedin attemative, having decid that a and the costs of developmg the designs hus, the ttains rather than the cost substanual increase in standatossauon themselves, especially the advanced participatingin NRClicensing.

would enhance the safety and reliability designa, which may to unre testing of proceedings will be affected. interve '

of nuclear power plants and require rototypes. However, the industry may exponence someincreased fewer resources in safety reviews of de it in its interest to proceed with the lants, and that the Comnussion should development of nuclear power, there is preparation costa if they seek to reot ;

previously decidedissues because o ave in place provisions for the revie v every reason to expect that the safety increased showing that will be reout of standardised designs and other acei economic benefits of Once a beanns comunences, howeve '

devices for assunna early resoluton of standardissuon will far outweish the i

anintervenor e costs should be safety questions. The Comnussion has upfront costs of desian and Commission decreased because the issues will br i therefore pursued standardinanon both certiticauon: Review time for by propoems legislation-without appucaens fw heenen will be more clearly denned than under ext:.

succese-and by promulantma rules, in dresucally reduced. the public brought practice. Therefore, in accordance w t particular Appendices M. N. ano O to into the process before construcuen.

the Regulatory Flexibility Act of 198 U.S.C. costb), the Conumanion herete Pan 60 (now Part 62) of 10 CTR.1.acking construcuan umes shonened, econonnes i

i legislation on standardisauon. the of scale created, reliability of plant certifies that the final rule will not h. i I

Commission believes that the most Perfwmanceinemend maintenance a significant economic unpact on a sunable alternauve for encouragma made sesier, quahfied vendor support substantial number of small entities '

further standardisauon is to fill out and rnade ensin 2 maintain, and, most that, therefore, a regulatory flexibilit analysis need not be prepared.

expand the Comuussion's regulatory I"g,",88[8

,'MC' scheme for standardisabon and early p

&8 BackSt Analysis resolution of safety issues, whl this rulmaMngMmis no i

31s rule does not modify or add t -

8

,g'g',,gg"'","hthace ed wigne the systems, structures, components.

nerefore, the Comuussion now romulgates a new set of regulauons, to y,

e placed in a new part in to CTR.Part bowever. it is certain that if the daign of a facW.m es due

52. This new part facihtstes the early reasonably expected benefits of 8Pproval or manufactunnslicense (c I'*D resolution of safety issues by providing standardissuon are to be gained. then for pre construction permit approval of the Commission must have the wganissen mquimd 2 construc power plant sites. Comnussion procedural mechanisms tn place for opmu a fac ty. Howem, u coum - ;

cernfication of standardised designs, review of applications for early site argued that this rule mor'ifies and ac and the issuance oflicenses which approvals, design ceruficauona, and 2 eo pmcedum w myanisahn combine permission to construct a plant combined licenses. The most requimd to design a !scality, smee the '

mth permission to operate it once fundamental choice is, of course, the rule adds to, or else at least spells oL construcuen of it has ban successfully industry's, to proceed or not with se mquirmws (w apphcants fu completed. ldeally, a future applicant standardi stion, accordme to its own design certifications. Moreover, the r,

willreference an approved site and a weighing of costs and benefits. But the at the very least, substantially modif ;

certified design in an application for a Commission must be ready to perform the expectations of anyone who had -

its review res naibilitiesif theindustry hoped to apply for a design certificat combined license, thus obvistmg the choom stan rdisation.

under the previously existing section.

need for an extensive review of the application and construcuon. The Regulatory Flexibility Act Certification of Appendix 0 particularly of any su who presently hold preliminary or fir '

provision in Part 62 for Commission ne finalrule willnot have a design approvals under that Appenas cerufication of designs has the sigruficantimpact on a substantial Nonetheless, the Commission belir additional objective of encouragmg the number of small entities. The final rule that the backfit rule does not apply t:

use of standardised designs, thereby will reduce the proceduralburden on this rule and, therefore, that no backi adding to the benefits of early resolution NRC licensees by improvmg the reactor analysis pursuant tc 10 CFR 60.109fel <

the safety benefits of accumulated licenoms process. Nuclear power plant required for this rule.The backfit rule expenence and the economic benefits of licensees do not fall within the was not intended to apply to every I

economies of scale and transferable definition of small busmuses in action acuon which substantially changes exponence.

3 of the Small Business Act.15 U.S.C.

settled expectations. Clearly, the bac Quantification of the costs and 632, the Small Business 61:e Stanards rule would not apply to a rule which.

benefits of this rulemaking is probably of the SmallBusiness Administrauonin would impose more strmgent not possible.Much depends on the 13 C11t Part 121. or the Commission's requirements on all future applican's,

extent to which the industry pursues Slee Standards published at 60 FR $0241 construction permits, even thougn se

]

f' 1533s Federal Reestar / Vcl. 54. No. 73 / Tuesday. Apnl 18 1900 / Rules and Resula fons

?

I rule arpsbly aught have an advme impact on a petson who was the Energy Reorgantastion Act of1974,

see, as amenced, and 5 U.S.C. 552 and &&3.

Stas Environmentalrenew.

considerms applytng for a pertmt but the Comanaston is adding 1010 CTR 52st Authonsenes to conduct site had not done so yet.in this latter case, Chapter i a new Part 82 and adopung the backSt rule ptotects the construction amendments to to CTR Parta 2. 50. 51.

p Exempnons and venances.

econun.

permit holder, not the prospecuve and 170:

Sur lunance Wcombned beansu.

apphcant, or even the present applicant.

t Part 521s added to read as follows:

$I*'P"*"

sms Opemeen$",",',*,"

su o ede e Th al PART 52-EARLY SITE PERMtT5:

underacembeedhe rule arguably imposes more etnnaent STANDARD DESIGN CERTIFICATIONS:gPP"*'" ^4 I""'"I requirements for desten cem$ canon and AND COMBINED UCENSES FOR Appendam M-6tendenhamman of Deoe thereby may have an adverse impact on NUC1J.AR POWER PLANTS Manufactam os Numiser power koet some persons. However, the effects of Constresses and Opersoon of Nuci the fmal rule will be largely prospecove, o p,,,ien,

power Roseters Mammfutund pursi arid the rule does not require any Sec.

to cosemoeien Limmee Appendia N-Standanhannon of Nucles present holder of a design approval (no 111 Scope-Power Plam Dwigne: useaan m person holds a design cernficanon) to 5L8 De6nitions.

Construct and Operate Nuclear Pow i

meet new standartie in order to remain Ammers W Duphew Due et Mul 1

in ponession of such an approval SLS Informanon collection requiremeents:

Snes OMB 8PPNY8L 1Ast of Subjects Appendia p-(Reserved) subsert A-4ary site permees 20 CFR Part2 Appendut 0-Standardinanon of Desier: !

$111 Scope of subparc Arlministranve precoce and 5L13 Reletronotup to Subpart r of to CFR Staft Review of Stenaart Dwigna procedure. Antitrust. Byproduct Part 2 and Appendia Q of this part, Appendia Q-Pm-#.pphast6on Early Res of Site Sultabthty Leones matenal Casstfied informacon.

$113 Filing of applicacons.

$;g7 Contenta of oppbcations.

Authentyi Sece.10L 104.101.181 183. -

Enytronmental proteccon. Nucleat Matenals. Nuclear power plants and stis standarer for renew of appucauona.

180. as Stat. 93L 944 Ost. 964. 966. 9ha.

$2.19 Peruut and renewal fees.

amenced. ac. 234. as stat.1244 as amen reactors pentity. Sax disenminauon.

Sul lieannes.

(4a U.S.C. 21:3. asm. 2:st 2:33, 2:sa. 2:3 Source matenat Special nucjear sus Referral to the ACRS.

22 2h was. apt.20L 30s as Stat 1:41 W matenal Weste treatment and disposal 32 3******* *I*arly este peruut.

124a.1244. as ameoned (43 U.Sc sa4L f,r l naes).

sus Extent of acovtues peruutted.

10 CTR Part 50 LL27 Dureuea el pernnnt.

O****E Y"NI**

Antitrust. Classilled information. Fire

^

i $8'1 8**'

protecuan. incorporauon by reference-1 n o w

Intergovernmental rela tions. Nuclear Gus Duronon of ternweL Wa part governs the issuance of power plants and reactors. Penalty.

sus Use of site tot other purposes.

early site peruuta, standard design Euf Reportma of defects and certifications. and combined licenses Radiation protection. Reactor siting noncompbance: revocation, suspension.

entena. Reportmg and recordkeepmg inedsfleetion of pernuts for eenee.

nuclear power facilities licensed undi requirements.

$139 Finahry of earl section 103 or 104b of the Atonue Enc deteramecons y site peruut Act of 1954, as amended (68 Stat. 919 10 CTR Part31 and Title 11 of the Enetty Reorgantzat Administrative praccca and Subpart B-Senneerd DeWpn Cerenaeuene Act of 1974 (88 Stat.1 42).

procedure. Environmentalimpact not Scope M subpart.

I SL3 Dennmem, n43 Relationstup to Appendices M. N. and statement. Nuclear matenals, Nuclear o of this pari, As used in this part, power plants and reactors. Reporung 5145 rtline of appbcations.

(a)" Combined license" means a and recordkeeping requirements.

5147 Contents of appuceuona.

20 CTR Part32

$148 Standards for renew of appucanoas.

combined construction pertet and Administrative practice and Stes Fose for renew of apphcanons.

operstmg license with conditions for i

$2.81 Adnumstranve renew of applicauona. nuclear power facility issued pursuan procedure. Antitrust.Backfitting.

SLS3 Referral to the ACRS.

to Subpart C of this part, Combined license, Early site permit.

3*'34 8'

" d"'8 (b)Early site perttut" means a Emergency planning. Fees. !nspection-Comaussion approvalissued pursuan un 1.!mited work authontation. Nuclear sus Dureton of certificauon.

to Subpart A of this part for a site or

$157 Appbcation for renewal sites for one or more nuc, lear power power plants and reactors. Probebillstic risk assessment. Prototype. Reactor stas Critena forrenewet facilities, stet Duretion of renewal siting r.nteria. Redreas of site. Reporting

$143 Finahry of standard desten (c)" Standard design" means a desis and recortikeeptna requirments.

certificecons.

whichis sufficiently detailed and Standard design. Standard design certification.

subpartCC1 Weenees complete to support ceruficauon in accordance with Subpart B of this part SL71 Scope of subpart.

And whichis usable for a multiple 10 CTR Part J;p 5L73 Relauonatup to Subpans A and B.

number of units or at a multiple numbe Dyproduct matenal Nuclear SL75 Filing of apphcetions.

matenals. Nuclear power plants and Centents of apphcauone:seneral of sites without reopenmg or repeatmg 52.77 informenon.

the revsew, reactors. Penalty. Source matenal.

52.?9 Contents of appbcations: technical (d)Shdud den ce&m

Special nuclear matenal informanois.

..duign certificeuon", or "certificatio'n' For the reasons set out in the 5131 Standards for renew of appheations.

means a Commission approvalissued preamble and under the authonry of the stas Appbcebility of Part 80 provisions, pursuant to Subpart B of th!a part, of a Atomte Energy Act of 1954, as amended. c:.as Admuustrenve nnew of apphceuona, standard design for a nucle star Referral to the ACKS.

facility. A design so approved mey be i

s Tedseal Resister / Vcl. 54. No. 73 / Tuesday. Aortl 18,190s / Rules and Reestatione 15387 I

referred to as a "cernfhed standard from the Comuussies separately froni an need notinclude an aseosament of the l

design.

spphcanon for a coneewetion permit or benefits (for example, need for powerl (r) All other terms in this part have a combmed hoense for a facuity.

of the proposed seson. but eust include the mesmas set out to 10 CIR 60.L or secuon 11 of the Atomic Energy Act. as i Saal %f "

an evaluation of alternative sites to apphcable.

(s) Anyperson who may apply for a deterunne wheter thereis any obv6omely supenor alternative to the site I s3J interpretamens.

construccon perant under to CFR Part

50. or ior a ca=Maad license under 10 proposed.

F.xcept as speadicauy authonsed by CPR Part 62.may fue with the Director (b) (1) The application must identify the Comnussion1:2 wnung. no of Nuclear Reamor Regulation an physical charactenenes unique to the interpretanon of the meanas of the applicanon for an early este peraut. An proposed site. auch as agrees limitations from the ares surroundtas the sits. that regulauona in this part by any officar or application for an early site permit may could pose a sign Acantimpedhnent to employee of the 85a==* other than be Aled notwithstanding the foot that as a wntten sterpatation by the General appucanon for a construction peruut or the devdopnem Wemergency plans.

Counsel will be recognised to be bindmg a combmedlicense has not been Aledin (1)h appuca6an may alm mew:

upon the Commiaanon, connecnon with the esto or sites for (i)Propas maphra of the Isle incomenenonessmen wMch a pennais sousM.

emergency plans, such as the exact sises -

rqueesnma one approom.

(t)no appucauon must como y with - of the amargency planning sones, that (s)ne NuclearRegulato the fi!!ng requirements of to CFR 80.30 can be mviewed and approted by NRC 8s). (b). and (T) as they would apply to in consulmusin wie FEMAin the Commission has subanitted e informanon collection unrements an application for a construction pernut.

absence of complete andlatograted contamed in this part t e Office of M foDowing Pwomis d I W. 6

,,,,,,,,,y pg,,,,,

Management and Budget (OMB) for is nknneed by 6 @W. an (11) Propose complete and integrated approval as required by the Paperworic appucable: paragraphs (e) (b) (1)-(3),

emergency plans for review and Reduccon Act of 1980 (44 U.S.C. 3501, et Ic). (d), and (e).

approvd by the NRC.in consulhuon wnh the Fedwal r a

seo.l. OMB has approved the iSL17 Contenteetasemessene.

Management Agency,in accord with the informanon collecaon requirements

{

contamed in this part under control (s)(1)ne applicanon must contain

• pPlicable provisions of 10 CFR W7.

number 3153(b).

the informauon required by 10 CIR 50.33 (3) Under paragraphs (b)(1) and (2)(i)

(b)ne approved information (s)-(d), the first three sentences of of this secuen, the arglicahon must i 50.34(s 1 collection reqmroments contained in this of emerge)(nc), and, to the extent approval include a desmpoosa _ ' contacts and part appear m Il $2.18,52.17. 52.29, y plans is sought under arrangements made wok local, state, 52.45. 52.47. 52.87. 52J8. $257, and 52J9. paragraph lb)(2)(li) of this section. the and federal gevenumental agenmes with taformanon required by 6 80.33 (3) and emergency planning responsibuities.

Subpart A-Early SNe Perrnets (J). and i 80.34(b)(6Kv). In particular. the Under the opnon set forth to paragraph '

applicanon abound desenbe the (b)(2)(U) of this secnon, the applicant llLti senseof advart foDowms:

shall make good faith efforts to obtain his subpart sets out the requirements (1)ne number, type and thermal fross the oesne sovonumental agencia and procedures appucable to power level of the facdities for which certifications that:(i)ne pmpond Comuussionissuance of early site the site may be used:

emergency plans are precocable; (ii) permite for approval of a site or sites for (ii)De boundaries of the site:

Dese agencies are consutted to one or more nuclear power facilities (111) ne proposed general location of Participatas in any further development separate from the fikas of an application each facthey on the site:

of the plana. includina any required Seld for a construction peruut or combined (iv)De anticipated maximumlevels demonstracons and(10) that these license for such a faculty, of radiological and therinal of0uents agencies are comautted to esecutans iSits meeseensedeseeuhoortFof te each facihtywdlproduom their responsthihties under the plans in CPR part Ione Appenas e of Wee part' (v)he type of coohng systema, the event of an emergency, he

%e procedures of this subpart do not intakes, and potBowe that may be application must contain any replace those set out in Subpart F of to associated with each facility-cert Acanons that have been obtained. lf (vi) he seismic, meteorological, these corn 6 canons cannot be obtained.

CTR part 2 or Appendix Q of this part.

bydrologic, and geologic characteristics the application must contain Subpart F spphee only when early of the proposed site (see Appendix A to information. including a utility plan.

review of site suitabuity leeues is sought 10 CFR P.irt 100):

sufficient to show that the proposed in conneenon with an appliction for a (vil)Delocation and description of plans nonetheless provide reasonable peruut to construct evrteta power any nearby industrial niilitary, or assurance that adequate protective factlities. Appendix Q applies only when transportation feedities and routes: and measures can and willbe taken.in the NRC staff review of one or more site (viill no existing and protected future event of a radiological emergency at the suitability issues is sought separately population profile of the area

site, from and pntir to the submittal of a surroundma the site.

(c)If the applicant w6abes to be able construccon pennit. A Staff Site Report (2) A complete environenental report to perform, after grant of the early site d

issued under Appendix Qla no way as requued by to CFR 51.65 and $1.50 permit the acovines at the site allowed

{

affects the authonty of the Commission must be included in the application, by to CFR Ba.10(s)(1) wnhout first

{

or the presiding officerin any provided. however, that such cbtaining the separete authorisation i

proceeams under Subpart F or G of to envtroamental teport must focus on the reqmred by that secnon, the applicant CFR part 2. Subpart A spplies when any environmental effects of construction shall propose. in the early site permit, a person who tney apply for e and operstion of a resetor, or reactore.

plan for redress of the site in the event 1

construccon peruut under 10 CFR Part which have charactanatics that fan that the activities are performed and the 1 50 or for a combined liconee under10 within the postulated site parameters, site permit expues betore it la CFR part 52 seeks an early site peruut and provided further that the report referencedin an application for e

e t

15308 l'oderal Resister / Vol. 54. No. 73 / Tuesfay. April 18. 1989 / Rules and Rerulations construccon permit or a combined license issued under Subpart C of this requirements for docketingin (b)1f the acovities peruutted by ll2.101(a)(1)-(4), and the requirements paragraph (a)of this section are part. De opphcanon must demonstrate forissuance of a nonce of heannsin performed at any site for which at that there is reasonable assurance that li t.106(s). (b)(1)(iv) and (v) (b)(2) to site permit has been granted, and redress carned out under the plan wiu the extent it runs parallel to (b)(1)(lv) i schieve an ennronmenteUy stable and and (v). and (b)(3), prended that the site is not referenced m an apphc for e construccon perupt or a c seethencally scoeptable site suitable for designated sectons may not be hoenseissued under Subpart C of I whatevernon nuclear use may conform construed to require that the l

with local sonas lawa.

part while the peraut remams veli 1 ennronmental report or draft or final the early site peruut must remain 1 ie sammarestermeeW ennronmental impact statement include effect solely for the pwpose of sitt i an assosoment of the benefits or the redress,and the holder of the Apphostions filed under this subpart proposed acnon.In the beanns, the shallredress the sitein a e

willbe mmwed according to b presiding officer shall also determine the terms of the site redress plan :

applicable standards set out in to CFR whether, taking into conalderetion the required by i SLly(c).lf, before te '

Parm andits appendices and Part 100 e to entens contamed in to CFR Part is complete, e use not envisaged tr. '

as they apply to appucations for too, a reactor, or reactore, having redress planis found for the site os l

construence peruuts for nuclear power charactenstics that fall within the thereol the holder of the peruut ab.

plants. In particular, the Commission parameters for the site can be carry out the redrese plan to the at !

{

shaU prepare an environmental impact constructed and operated without undue extent possible consistent with the '

l statementdunngrenewof the risk to the health and safety of the alternate use.

applicanon. in accordance with the public. Allbeanngs conducted on j

spphcable pronsions of to CDL Part St.

applications for early site permits filed Ista7 Dummena pomm.

l prended, however, that the draft and unoer this part are governed by the (a)Except as providedin paragr '

final ennronmental impact statements procedures contatned in Subpart G of (b) of this section, an early site per prepared by the Comnussion focus on part 2, losued under this subpart may be s the ennronmentaleffects of Istas Refereestotrw Acets.

for not less than ten not more than i

construcuan and opersoon of a reactor.

twenty years from the date of leeut or reactore, which have charactenstics The Commission shall refer a copy of (b)(1) An early site permit contti that fall within the postulated site the applicanon to the Advisory to be vahd beyond the date of parameters, and prended further that Comuuttee on Reactor Safeguards expirationin any proceedmg on a (ACRS).no ACRS shallreport on those construcuon peruut application or <

ases of1 ben fi fo example, portions of the applicabon which need for power) of the proposed action, e.micarn safety, combled lk.ense ap@ canon whic.

r e th' '

but mustinclude an evaluation of y hw th o

~

alternenve sites to determine whether 1 53.24 leeuense et eerey one permet, exptration of the early site peruut,i hi,rn arei After conducting a hearing under a tienely ap lication for renewalof e p o

N 8 52.2% of this subpart and receiving the permit has filed, before the Comuussion shall de* ermine, after report to be subnutted by the Advisosv Conur.tssion has deteramed wheth consultation with the Federal Comnuttee on Reactor Safeguards unoer renew the peruut Emergency Management Agency.

152.23 of this subpart, and upon

) An early site pornut also cont whether the information required of the deterunning that an application for an to valid beyond the tiate of appbcant by 6 5L17(b)(1) shows that early site pernut meets the applicable expiration in any proceeding on an there is no sigmficant impediment to the standards and require > nents of the operettne liceau appbestion which development of emergency plans.

Atonus Energy Act and the based on a construccou pernut whi-whether any major features of Commission's regulations, and that references the early site peruut. ant emergency plans submitted by the notificanons. if any, to other agencies or any heanas held underi 61103 ofi apphcant under i 52.17(b)(2)(i are bodies have been duly made, the part before operanon begins under i acceptable, and whether any e)mergency Comnussion shallissue an early site combinedlicense which references plans submitted by the applicant under peruut. in the form and containing the early atte pernut.

15L17(b)(2)(U)prende reasonable conditions and linutations, as the apurance that adequate protective Comaussion dums appropriate and (c) An apphcant for a construcuor.

measures can and willbe taken in the necesary.

permit or combined licanoe may, at event of a rediological emergency.

own nok. niemnos in its applicatioi 153.38 gment W esevmes pometsee.

"'[ f y

t 163.1e pernet and renewal fees.

(allf an early site ruut containe a

granted, f I ne fees charged for the review of an site redress plan. th holder of the appbcanon for the initial issuanoe or peruut. or the applicant for a l81.39 AppaastenformneweL renewal of an early site peruut are set construction pernut or combined license (a)Notless than twelve nor more forth in 10 CTR 1?O,11 together with a who references the permit. may perform thirty.six months pnot to the end of schedule for their deferred recovery, the activities at the site allowed by to initial twenty. year penod, or any let 1

Nro is no apphcanon fee.

CFR 50.10(e)(1) without first obtaining renewal penod. the pernut holder m.

I Ist.:t Heartnes, the separets authonzation required by apply for a renewal of the peruut. A that action, prended that the final appbcation for renewal must contal:

An early site peruut la a partial enytronmentalimpact statement informanon necessary to bnns up to construccon permit and is therefore prepared for the pernut has concluded date the informanon and data contas subiect to all procedural requirements its 10 Cllt Part 2 which are applicable to that the activities will not result in any in the prenous applicanon.

sigmficant adverse ennronmental (b) Any person whose interests mr construenon pernuta, including the impact which cannot be redressed.

be affected by renewalof the pernut i

- ' -- ~ ~ ~ ~ ~ "

~ ~ ~ ~

s Federal Reelster / Vol. 54. No. 73 / Tuesfav. April 18.190s / Rules and Reestatious 15389 may request a hearms on the opphesuon acuvities. ne infonnamon prended feele, that the asesponsee entena heee for renewal.no request for a hearms could be the basis forimpoems new not been met.De parut holder and j

l must comply with 10 CTR L?tt. lf a requirements on the permit.in NRC staff may Ale answere to the heanns is eranted, nonce of the hearms accordance with the pronsions of petition within the ti o spers8ed in 10 t'

will be puolished in accareance with to i Stas. !! the paraut holder snionna the CTR1730 lor answere to monens by CTR 2.703.

Director that the holdernolonger partise and staff.lf the a==-

in (c) An early site peruut. alther onsinal intends to use the este for a nuclear its ledgment. deeldes, en the basis of the r

or renewed for wnich a timely power plant the Director than tot 'unate peuttone and any answere thereto, that application for renewal has been fued.

the peruut.

the penties meets the regarements of remame in effect unalthe Comaussion has oetermined whether to renew the Isam noperungWesseemano this paragraph. that the leases are not pernut. lf the potut is not renewed. It exempt tres adiodieneen ender a U.E.C.

contmues to be vaudin certain

$84(e)(3), that gamman tasses of mateaal !

proceedings in accordance with the For purposes of Port 21 and to Cm foot are raised, and that seidenest pronssons of 6 52r(bl.

$0.W. an wly sik pennit is a og,,g,g.,,,g,,,,g,g,, g g g,,er j

,,a j

(dlne Commission shallrefer a copy conneuchon pensat.

not possible, thee the geanne tasmes of

[

of the opphcanon for renewalto the material feet ruesd by the pondon must Adnsory Commuttee on Reactor 183.33 pWieseyeteartyenspornet be resolvedla asserdanes with the esserunnseena.

Safeguards (ACR$1.De ACRS shall provisions in too 680. and 657 which are report on those porcone of the (w)(1) Notwtthetending any pronsion applicable to detenmams appueston for i

applicaticn which concern safety and in 10 CPR 50.100, while an early site inidallicensee.

shall apply the entens set forthin permit is in effect under il 82.2? or 6133 (111) A postion whieb alleges that the -

I $2.31.

the Cornaussion may not impose new terms and conditions of the early site requirements including new emergency peruut should be modaned willbe I $1.3t Onens tw runeueL planruns requirements, on the early site proosseed in socord with 10 CTR L208.

(s)ne Comnussion shau grant the pernut or the site for which it was Before constmenon comumences, the renewal t! the Comaussion determmes issued, unless the Comaussion Comaussion shau consider the pention I

that the site complies with the Atom:c detwmmes that a modificauonis and detersune whether any unmediate

?

Energy Act and the Comaussion's swy dw w b pe m sedon h regered.if te paum n j

regulauono and ottiers appucable and in h w m empum@me i

md em an appmpnau wddl effect at the time the site pernut was Comaussion's regulations and orders issued. Construccan under the l

ongtnally issued, and any new appucable and in effect at the time the construction pernut or cominned Econse aun m sna

'i pwnut was issued, or to assure wiu not be affected by the panting of.

"1",'""'s h

h adequate protection of the public besith the peution unless the orderis made 1

there is a substancelincrosse m overall and safety or the comunon defense and immediately effective.

I protection of the public health and secunty.

(ivl Prior to construction. the safety or the common defense and (2)In making the findings required for l'a==wan aball And that the terms of secunty to be derwed from the new issuance of a construction pernut.

the early site penst have been met.

requirements and that the direct and oPereting Ucense. or combined Ucense.

(b) An appucer.t for a construenon indirect costs ofimplementation of those or the findings required by I 82.103 of requtrements are justified in new of this du part. If 6e appucadon for de emit, opwoung utense, or oossbined increased protecnon, custmcdm pennat. opwanns license.

conse who has hied an appucadon (b) A derualof reaewelon this basis or combined ucense references an early refwenmos an early site permit issued does not bar the peraut holder or site pornut, the Comunission shall treat under this subpart may include in the another apphcant from fihna a new as resolved those mattwo moolvedin applicanon a request for a vanance from application for the site which proposes the proceeding on the app!! cation for one or more elements of the peruut. In changes to the site or the way in which issuance w mnewal of es wly site detwauning whether to past the lt is used which correct the deficiencies perm t. unless a contention is admitted vanence, the Conumasion shall apply cited in the denial of the renewal.

that a reactor does not fit within one or the uma technicaDy relevant cntena as more of the site parameters included in were apphcable to me appbcabon for the ongmal or renewed site peraut.

Ist.33 DuremenetreneweL the site permit. or a petition is filed

- lasuance of the vanance must be subject Each renewalof an early site peruut which alleges either that the site is not i

may be for notless than ten not more la compliance with the terms of the to busation dunn6 the construcuon l -

than twenty years, early site pennit, or that the terms and pertn.t. opera ting bconse, or combined l St.35 use et one ter other purpeces.

conditions of the early site permit hcense proceedagin the same manner should be modined.

as otherissues matenal to thoes A site for which an early site permit (i) A contention that a reactor does proceedangs.

has been issued under this subpart may not fit within one or more of the site tuboart 5-Standard Design

-j be used for purposes other than those parameters included in the site permit Ceranostione duenbed in the permit. including the -

may be litigated in the same manner as location of other types of energy factlities. The peruut holder aball inform other issues material to the proceeding.

IBL41 Seepe of outpart.

(11) A petition which aueses that the This subpart set out the requirements j

the Director of Nuclear Reactor site is not in compliance with the terms and procedures appucable to -

Regulation of any significant uses for the of the early site peraut must include, or Cummission issuance of rules granung site which have not been approved in clearly reference, official NRC i

the early site pernut, ne information standard design cernficadon for nuclear about the acuvities must be given to the documents, documents prepared by or power facilities separate from the filing for the pwmit holder, or evidence Director m advance of any actual admissible in a proceeding under of an application for a construccon i

permit or combined!! cense for such construcuan or site modification for the Subpart G of Part 2 which show, pnma

facility, i

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g. m y-

-m-

I e

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15399 rederal Regleter / Vol. 54. No. 73 / Tuesday Aprd 18.1933/ Rules and Regulations g as.es neaemonssup to Aapaneses es, N.

Nuclear Reactor Reguladon an be suf$destly detailed to a enso eteenpen, I

apphcation for a naal design approval (a) Appendix M to this part governs and cert:8 cation.

i the issuance of !!conses to manufacture (2) Any person who teoks cornnestion and destge.epom8s bihetic nsk 1 i

nuclear power reactore to be installed acessement by paragraph !

but aboady holds,or has opplie final design approwl, also anau_d for, a (a)(1)(v)of thneeconses and operated at entes not identified in file with the manufactunne license opphoebon.

the Director of Nuclear Reactor (vui)Justi8comen that compliance '

i Appendix N licenses to Regulation an appucation for with thelaterless requirements of pareyeph (a)(1Xvli) of this secnon is construct operste nuclear power corn 9 cation. because the NRC staff may vennable through inspe i

reactore of duphosto design at multiple require that the informanon before the sites neee appendices sney be used stasin connection with the review for (ettbarin the plant er elsewherel or Independently of the provisione a this the Analdesign approvalbe analysia.De mothed to be used for -

subpart unless the applicant also wishes supplemented for the review for venSostos oflaterface r

- rtr ;

to use a corn 8ed standard design corancation.

meet beinohaded as part olthe propc approved under this subpart.

(d)no applicant must compt with teste, ta=Pamiana analyses, and (b) Appendix 0 governs the staff the filing requirements of to paragraph (aM1)(vi) of this seenon: ar acceptance enteria required by review and approval of prehminary and

$0.30(a) (1)-(4), and (g) and 40.30(b) as final standard designs. A staff approval they would apply to an appucation for a la) A representative conceptual-de(sign for those persons under Appendia O is no way affects the. nuclear power plant construction peruut.

authonty of the Comaussion or the ne following portior.a of I 80.4. which which the application does not seek pneiding oincer an any proceeding is referenced by I 50.30(a)(1), are certification, to aid the staff in its rev,

t under Subpart G of to CFR Pa/t 2.

appucable to the extent technically of the naalsafety analysis and l

Subpart 5 of Part at governs relevant: parastrophs (e): (bl. except for probabilistic risk assessment reqmrei Commission appeevel, or cornAcauon.

paragraphs (6):(c): and (e),

by paragraph (e)(1)(v) of this secnon, j of standard designe by rulemakins.

and to pernut amaa====at of the g g3,47 c.ne.ne g.,,e

gens, adequacy of the ints:(ace mqmtemen l A pe dm O s a m i

r (a) ne requirements of this paragraph

'd Ior by partgraph (a)(1)(vii) of t cernfication of a standard design under apply to all applications for design u

this subpart. An application for a hnal cernfication.

le[of designinfonnation sufA applicadon must contain a i

desip approval must state whether the (1) An application for design applicant intends to seek cornfication of cerufication must contain:

enable the

=sa to fu e the :

the des if the applicant does so intend,g applicanon for the naal (1) ne technical information which is applicant a proposed means o assuri required of appucants for constmcuan h mmh Wm a b es -

desip approval must,in addition to peruuta and operetinglicenses by to and to emb a Analconclusion on all >

containing the information required b Appendix 0, comply with the applicable CFR Part 20. Part 80 and its appendices.

safety queuono ensemated with the and Parts 73 and too, and whichis design befom the oeruAestionis requirements of Part SL Subpart B, technically relevant to the design and granted.Seinformauen submitted f particularly ll $2.48 and 52,47, not site-specinc:

design certification mustinclude Iss.es plangseopposemann-(11) Demonstration of compliance with Performance ms[mmments and design (a)(1) Any person may seek a any technically relevant portions of the information sumciently detailed to standard design corn 8 cation for an

%ree Mile Island requirements set forth Peruut the preparation of acceptance essentially complete nuclear power in to CFR 50.34(f):

andinspection requirements by the (111) ne site parametere postulated for NRC, and procurement specificanons >

plant design which is an evolutionary the design. and an analysis and change from light water mactor designs and construction andinstallation j

of plants which have been licensed and evaluation of the design in terms of such specifications by an applicant. The in commermaloperation before the parameters:

Comnussion will restuire, pnor to desi-effecave date of this rule..

tho(iv) Proposed technical resolutions ofcertincation, that information normell I

(2) Any perece may also seek a se Unresolved Safetylesues and containedin certain procurement standard desip certacation for a medium and high pnority Generic specincations and construccon and t

nuclear power plant design which Safety issues which are identified in the installauon specifications be complett version of NURFEA033 current on the and available forauditif such differs sientAcantly from the light water date six months prior to application and. Information is necessary for the reactor designs desenbod in paragraph which are technically relevant to the rammiasion to make its safety -

(a)(1)of thissecuosorutilises design:

simplified. inherent, passive, or other determination.

innovadve means to accomplishits (v) A design speciBc probabilistic risk (3) The staff shall advise the applict,,

saaessment:

(vi) Pro on whether any technical information safety functions.

(b) An application for certi6 cation analyses, posed tests. inspections, beyond that required by this secuon and acceptance criteria which must be submitted.

may be filed notwithstanding the fact that an application for a construction are necessary and sufBelent to provide (b)This paragraph applies, accrardin i permit or combinedlicense for such a reasonable assurance that,if the tests, to its provisions, to particular facility has not been filed.

inspections and analyus are performed applications:

(c)(1) Because a final design approval and the neceptance criteria met, a plant (1) ne application for certification c under Appenvia O of this partis a which references the designis built and a nuclear power plant design which is willoperate in accordance with the prerequisite for cert 16 cation of a design certification.

an evolutionary change from light watt standard design, a person who seeks such a ceru8 cation and does not hold, (vtil The interface requirements to be reactor designs of plants which have or has not applied for, a final desisa met by those portions of the plant for been licensed and in commercial approval, shall file with the Director of which the application does not seek operation before the effecove date of cerufication. These requtrements must this rule must provide an essentially complete nuclear power plant design

.. -, ~ +,

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_ _ _ _ _ _ _ _. _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~,

1 J

s i

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l'odoral Rosieter / Vol. 54. No. 73 / Tuesday. April 18. 2980 / Rules and Rerulations 15:

except for site specific elements such as vanous options, including any in a formalbearms.no staff willbe.

,he service waterintake structure and the uiumste heat sink, restnctions which willbe necessary party a the hoanas.

dunns the construction and startup of a (2)(1) Certification of a standard given module to ensure the safe (c) Tbs decisionin such a hearms s be based only oninformatien on whic desian which differs significantly from operation of any module already au parnes have had an opportunity tt the light water reactor designe desenbed opusung.

is paragraph (b)(1) of this section or comment,either m response to the utilises sunplified, inherent, passive, or I$3.ag StoneeresformWowW notics of proposed rulemaidag or a tl.

otherinnovauve means to accomphsh appmessons.

informalhearms.Notwithstanding I

its safety funcuens wdl be granted only if Applications filed under this subpart anythme mio CPR L790 to the contrs 1 wiu be reviewed for compliance with propneuryinformanen wiH be (A)(J)The performance of each safety feature of the design has been the standards set outin to Cm Part 30.

protectedin the same meaner and to. i demonstrated through either entlysis, Part 80 and its appendices, and Ports 73 same satent as peopnetary informanc <

subantud in cona=*'han was applicanons for corwomeno and 100 as they apply to applications for sppropnate test programs, expenence.

or a combination thereof:

construction peruuts and operating j

(t) Interdependent effects among the licenses for nuclear power plants, and and operaung haansa eder 10 CFR safety features of the design have been as thou standards are technically Part 80.provided that the design 1

found acceptable by analysis.

elevant to the design proposed for the cornacanon shau be publishedin

'acihty.

ChapuriM tMa Tide appropnate test programs, expenence.

or a combination thereof:

llt.4e poseserreveswof appasemens.

I 53.68 fWheral W um MflS.

(3) Sufficient data exist on the safety feetures of the design to assess the ne fees charged for the review of an The Coimnission shah refer a copy,

analyncal tools used for safety analyses appbcation for the initialissuance or the application to the Advisory.

i over o sufficient range of normal renewal of a standard design Communn on Reecer Safeguards operstmq conditions, transient certification are set out in to CI'R 170.12.

(ACRS).ne ACRS shall report on the '

conmtions, and specified accident together with a schedule for their portionsof theappucationwhich seq e es uding equilibnum core -

deferred recovery. There is n9 concan safety.

gg spphcation fee.

(4)The scope of the designis I33.54 leeuenseWstoneereessen I

g ga.st Aenenmereen reWow W complete except for site-specific appasseena, i

elements such as the service water After conducting a rulemandag intake structure and the ultimate heat (a) A standard design certification is a procwding under i 32.51 on an

'I"k '

rule that will be issued in accordance application for a standard design (B) There has been acceptable testing with the provisions of Subpart H of to con Acauon and meeMas the mpon t ;

I of an appropnetely sited. full.plse, CFR Put 2. u supplemented by b be submitted by the Advisory prototype of the design over a sufficient prov lons d tMe ucuom The Computtee on Reactor Safeguards unc.

range of normal operating conditions, Communion shah inluaw tim I 82.53, and upon determining that the $

transient conditions, and specified r iemaking dur an appucahon has application meets the applicable g

g g

sundade and requireannu d b q

n co o tion tf the g

Procedures to be used for the A y

cntenon la paragraph (b)(2)(1)(A)(d) of this section is not met, the testmg of the (b)The rulemaldng procedures must Coaunsuion shauim sunded I

prototype must demonstrate that the provide fornotice and comment and an design cornficauon in the form of a rui, i

non-cerufled portion of the plant cannot opportunity for aninformal heanns for the design which is the subject of ti osmficantly affect the safe operation of before an Atomic Safety and Licensing opphcanon.

the plant.

Board. no procedures for the informal (ii) The application for final design heanns must include the opportunity for iSt.85 DwesenWserensenes approvst of a standard design of the wntten presentations made under oath (a) Except as provided in paragraph type desenbed in this subsection must or afArmation and for oral presentations (b) d this wcuom a standard duien propose the specific testmg necessary to and questioning if the Board finds them certtfication issued pursuant to this support cernfication of the design. -

either necessary for the creation of an subpart is valid for fifteen years from whether the testing be ptototype testmg or the testing requued in the alternative adequate record or the most expeditious the da'e ofissuance, way to resolve controversies, (b) A standard design certification by perseraph (b)(2)(1)(A) of this section.

Ordinarily, the questioning in the contmuse to be valid beyond the date i The Appendix 0 final design approval informalheanns wul be done by of such a design must identify the membere of the Board, using either the expirationin any proceeding on an of the design.

Board's questions or questions application for a combined license or specific testing required for cernfication l

operatmg license which references the (3) An application seeking submitted to the Board by the parties, standard design certinostion and is certification of a modular design must The Boed may also request authonty desenbe the various options for the from the Commission to use additional docketed either before the date of l

configuration of the plant and site, procedures. such as direct and cross expiration of the certification. or,if a timely application for renewal of the includmg variauons in, or sharing of, examination by the parties, or tney certification has been filed. before the ;

request that the Commission convene a common systems, interface formalheanns under Subpart G of to Commission has determined whether t<

requirements, and system interactions.

CFR Part 2 on speafic and substantial renew the cerafication. A design The finalsafety analysis and the certtfication also continues to be valid probabilistic nok asaessment should disputes of fact, necessary for the beyond the date of expiration in any Commission's decision, that cannot be 1

also account for differences among the resolved with sufficient accuracy except heanns held under i 52.103 operation begins under a combined j

- " ~ ~ ^~~

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15392 Toderal Ressister / Vol. 54. No. 73 / Tuesday. April

18. 1980 / Rules and Rerulations 5

license wiuch references the design i

cemficanon.

requtrements an tuen$ed in view of this to usure adequie prt tecuen of th (c) An applicant for a construction increaseo protecuen. La addition. the l

permit or combined 1; cense may, at its applicant for renewalmay request an pubhc health and safety or the corr l

own nak. reference m its applicauon a ne Commission shall grant the circumstanose as denned in to CIT amendment to the design cernfication.

defense and secunty, and fli) spect design for wtuch a design cernfication appbcanon has been docketed but not amendment request tfit deterames that 50.12(a) an present. tbs Commissic granted.

the amendment will comply with the may notimpose newrequirements Atonue EnerTy Act and the plant-specinc order os any part of a

~

i I IW W ""'""

Commussion a regulanons in effect at the design of a specinc plant referenca (s) Not less than twelve not tuote than tune or renewel. If the amendment design cerufication tf that pan was approved in the design certtKcation thirty 4tx months pnor to expiration of request entails such an extensive change addition to the factors hated the trunal fifteen-year penod, or any to the design cernfication that an I to 12(a), the t'a-a== shall I

later renewal penod any person may essonnauy new standard design is being considet whether te spec 4

apply for renewal of the certt8 cation.

proposed, an applicanon for a design An appbcation for renewal must contain ceruBcanon shall be fded in accordance circumstances which i to.12(a)(2) auinformanon naaes to bang up to with 6 5145 and $147 of this part.

requins to be present outweigh an date theinformanon an data contatned (b)Detual of;snewaldoes not bar the decreasein safety that may result La the previous appucation. De a phcant. or a'iother applicant. from the redoction in standarszation cat j

Comnussion wiu require, pnot to a new appucation for cert 1Acetion by the plant specinc order.

renewal of ceru8 canon, that information of the desian, which proposes design (4)Except as providedin to CTR normaUy containedin certain channes wroch correct the deficiencies 2.756. in making the findings reqture procurement spect6cauona and cited to the denial of the renewal.

issuance of a combinedlicense or ope sunglicense, or for any heanns i

j construccon and installabon i St.8t Dure #en et reneweL specificanons be completed and d,I

'f,,",*,h" I

avstlable int audit if such informauon is Each renewal of cernfication for a necessary for the Comnusaton to make standard desien wtll be for not less than in connecuon with the issuance or its safety ceterminanon.Nouce and ten not more than fdteen years.

tenewal of a design ceru6cauon.

(b)(1) An applicant or beensee wh comment proceduns must be used for a i 53.es meety of siensore sessen references a standard design rulemakmg proceemns on the cochemons.

cuuncauoninay nqtiest an exempu application for renewal. De (a)(1) Notwithstanding any provision from one or more elemams Comtnission.in its discretion, may in to CFR 50.109, while a standard ceruficauon.De C-,of the der require the use of additional procedures in individual renewal proceedings, desian ceru8 cation is in efioct under such a request only ifit determmes t.

on may g l 52.55 or 52.81, the Commission may the exempuon will comply with the (b) A design cernfication, either not modtfy, resemd, of tmpose new ongmal or renewed, for which a timely requirements on the ceruncation, requirements of10 Cf'R 50.12(a). In application for renewal has been filed whether on its own motion, or in addition to the factore ustedin ii i 60.12(a), the N-aa shall remams in effect untd the Commission nsponse to a petition from any person, consider whether the speaal j

has deteramed whether to renew the unless the Commission determines in a i

I.

cernficanon. lf the cerufication is not rulemaking that a modiBcation la circumstances which I 50.12(a)(2)

I renewed. it conunues to be valid in necessary either to bnns the requires to be resent outwetah any decrease in sa ty that may result fro certam proceedinas,in accordance with certificauon or the referencmg plants the provisions of 6 52.55.

the reduction in st lnto comphance with the Commission's by the exempuon.andarmsauon c i

I (c)ne Comnussion shaU refer a copy regulations applicable and in effect at no granung of an of the opplication for renewal to the Advisory Comnuttee on Reactor the time the certtficanon was issued, or exempuon on request of an applicant l

• i Safeguarcs (ACRS). De ACRS shall to assum ad%uste protocuon of the must be subject to litigation tn the sar manner as otherissues in the operett I

repon on those pornone of the pubhc health and safety or the common license or combined license heanng.

3 applicanon which concern safety and defense end secunty. no rulamakmg (2) Subject i 50.59, a hoensee who shau apply the entens set forth in proce/ures must provide for notice and references a standard design i 52.59.

comment and an opportunity for the ceruficaton may make channes to the par:y which appbed fct the certiReation I 52.59 Crnerte for mneweL to request an infortss,1 heannt which design of the nuclear power faciaity.

without pnor Conumaston approval.

(ap he Comaussion shallissue a rule uses the procedures desanbed in i 52.51 unless the proposed channe mvolves t granting the renewalif the design, either of this subpart, as ongmally cerufied or as moddied (2) Any modification the NRCimposes change to the design as osse rule certdying the design. ne licensee dunna the rulemaking on the renewal, on a des:an cernficanon rule under shall mamtain reconis of all channe comphes with the Atomic Enetty Act paragraph (s)(1) of this section will be l

and the Comuussion's regulatioas appbed to all plante referenems the the facility and these records must be applicable and in effect at the time the cerufied design, except those to which maintained and available for audit unt cenificauon was issued and any other the modtScanon has been rendered the date of termmenon of the license requirements the Commission may wish technically irrelevant by action taken (c) ne Comnussion wtll regmre, pnt to granung a constrocuan permit.

to itcpose after a determmation that under paragraphs (a)(3), (s)(4), or (b) of combined license, or opers ung license i

this section.

there is a substantialincrease in overall protecuan of the public health and (3) While a desian certfication is in which references a standard design safety or the common defense and effect under 152.55 or i 52.81. unless (i) ceruficahon. that informanon norm secunty to be denved from the new a modificauon is necessary to secure contained in certain procurement requirements and that the direct and compliance with the Commission's specifications and constracuon and indirect costs ofimplementation of those regulations apphcable and in effect at installation specificanons be compietet the time the ceruncation was issued, or and available for audit if such informauon is necessary for the t

l

~ - -

- ^~~- --- - ~ -

1 s

s Federal Resister / Vcl. 54, No. 73 / Tuesday. April 18.19ag / Rules and Resulatione t

1

' Communion to make its safety Commasion a connecnon mth the referenese a cornoed standard desi.

detersuaanons trcluding the early site peruut. but must contain, in the test. laspeccons, analyses and 9,, detersunscon that the applicauonis addition to the information and analyses saceptamos critana containedin the 4 consistent mth the cerufad desym. nis othermee required. informanon cert Sed design must apply to those 9 informauon may be acquired by suincient to demonstrate that the design poruons of the fatahty nesign which I T: appropnete arrangessents with the of the facility falls within the parameters covered by the doenga corn 6 canon.

6 dwign ceruncanon applicant.

opecinesi in the early site perunt. and to (d)hea tem must contain I k resolve any oeer sigan6 cant 1

;e tubpart C 4emMnot Usensee environavatal issue not considered in emergency p wWeb provide

{

reaseeable assuranos that adequeu I 88.71 Seepe W Guba ut.

any[mvious proceeding on the site or protootive measures saa and will be

[\\

his subpart sets out the requirements t) application does not

,$,"g'"*

r e

f o bined

,,",gM D,,7 apphootoa rdenm ar K lleenees for nuclear pown facthties, e

hoe ma requirements of to.30(f) by Q

h I88.7s Recomenscuptotubparte AeneS.

Including with the appliceman as 7

An applicanon for a combinedlicacee

',8

',"Iwpon mpendin pg,,,,,,,,,g,,,,,,,,g,,,,,,,,

under this subpart me, but need not.

g g

plana, approved in connecnon with.

reference a standard isa certificebon Subpart A of to CFR Part St.

P'""I' issued under Subpart B of this part or at.

(3)If the application does not (2)If the opphostos does not early site permit issued under Subpart A reference an early site pernut which.

mimnos as early site pwatt, orif:

of this part, or both. In the absence of a contems a site redress plan as desenbad

'*"Pacy Plans were apped la demonstrecon that an entity other than in i 52.1?lc), and !! the oppheast wishes comannon mth theissuanos of the t

the one ongmally sponsonna and to be able to perform the acuvities at the

t. the appheast shau make goc i

l obtaining a cesign cernficauon is site allowed by to CFR 80.10(e)(1), then 6th efforts to obtain corn 8canone1 quahfied to supply such desian, the the opplicauon must contain the the local and State governmental Comnussion wtti entertain an informauoc required by i EL17(c),

agencies with emergency plamna applicauon for a combined license (b)The apphcanon mamain h f#ponsibedu 0)est es proposeo which references a standard design technicauy relevant information emergency plane ese preencable. (11'. <

l ceruficanonissued under Subpart B required of a licants for an opweting that these egenmee am connutted k onlyif the enoty that sponsed and license by 10 50.84.The Baal safety Participating in any further develo u obtained the ceruncanon supplies the analys a report and oew squired of the plana, including any required 1

carnfled dmen for the appucant a use, information mayincorporate by demonstrances and(iii) that these reference the final safety analyste report agencies are committed to essoutag g ps.ys pung et==pm. m -.

for a certtfled standard la their responsibilities under the plaar Any person except one excluded b pardoular, an apphoedon moomsa se met of an emergencySe 10 CFR 50.38 may file an application or certined de must desenbe those application must oostata any a combined license for a nuclear power Portone of a design which are site.

certi8 cations that have been oo facihty with the Director of Nuclear spectBc, such as the seion water these certincations cannot be obtair Reactor Re ation. De opplicant shall intake structure and the ultimate heat the application must ecstain comply wi the filing requirements of sink. An oppheauon mimnoing a infonnehoa. including a utihty plan.

10 CFR 50.4 and 50.30 (6) and (b), except cert Red design must also demonstrate sufficient to show that the proposed for parseraph (b)(6) of I 80.4. as they comphance with the interfeos plans nonetheless provide reasonab.

would apply to en appucation for a requirements estebushed for the design assurance that adequate protocove nuclear power plant construction peruut. under i 6147(e)(1), and have avetlable measures can and mit be takenin tt The fees assocsated with the fihng and for audit procurement speca8 cations and event of a radiological an.orpa review of the opphcation are set out in construccon andinstahaboa she.

10 CFR Part 170.

opecincauono in sonordance with reference (a certined design, theI 8147(a) 2). If the applica I 88 88'"8 appe'81mmena.

8' ""'

l St.77 contente et aspeest6ene: generes Intemamen, application must comply with the Ap lications Aled under this subp:

The applicatica must contain all of the requirements of 4 5147(e)(2)forlevelof will e teviewed accordma to the informanon required by to CFR $0.33, as designinformauon.and shau contain standards set out in to CFR Parts 20.

that section would apply to applicants the technical information required by 61,88,73, and'100 as they apply to for construcuon permits and opereting Il $147(a)(1) (1), (ll). (iv), ar.d (v) and apphcations for construenon peruuts licensw. and to Cm 80.33a. as that (8), and.11 the design is modular, and operating licenses for nuclear pc section would apply to en applicant for i 8147(b)(3).

plants. and as those standards are a nuclear power plant construction (c)The application for a combined technicaUy relevant to the design permit. in paracular, the applicant shall license must include the p test.

proposed for the fechhty, comply mth the requirement of laspections, and analyses ch the i 50.33alb) regarding the subirJesion of lloonsee shah perform and the i BRAS AppenbMy of part 90 ppm antitrust information.

acceptance enteria therefor which are Unless othermee specsEcally IBL79 contentsof asemessens:seennesel necessary and outScient to provide la'* * *#85 reasonable assurance that. if the tests, provided in this subpart, all provisto:

of to CFR part 50 andits appendices (a)(1)In general. If the applicauon inspecnons and analyses are performed applicable to holders of construenon and the acceptance entens met. the references an early site perunt, the facility has been constructed and wsil -

permits for nuclear powet reactors al opphcation need not contain apply to holders of combined license operate in confornuty with the combined Informonen or scalyses submitted to the license. Where the apphcation issued under this subpart. Similarly, :

previolons of to CFR Part 50 and its

i

.I

)

L 5

Fedesel Reesene / Vol. 54. No. 73 / Tuesday. April 18. Iges / Rules and Resulations 15394 appendam opphenble to houlm of ecovitin anewed by to CpR so.10(eM11 isaar isomenseeresmemmeeieneen 1

operetag liosaaes alas apply to holders without Aret submitting a ate roepees of combtaed liosases teseec under this plaa is monard with 6 4LFe(aM8)nad (e) As Comades%s shallissue a subpart. once the Comensaios has made I

the Andimos regered under i 6L103.

obtalains the esperate authoneames combinedllosase for a nuclear powee i

prended that. as apphed to e combined required by 10 Cm to.10(e)(1).

feedity opon Anding that the oppbcat i requusments of to Cm 30.48,80.4L i

11oenes.10 CFR 80.81 meet require that Authonannos must be granted sely after 30.43. 30,47, and 30.00 hav theinitialduranon of the beense may the prooidtag ofBose la the proceedias not exceed 40 years from the date on ou the opphostion has made the Andings and that these is reasonable which the N===='a= mahee the and detenminetton required by to CFR that the fee 6hty wdl be consoucted at,

t l

finchnss rogmeed ander i 81103, 30.10(e)(3) and has determined that the operated la ceafonetty with the been,

However, aer unitences esetshied in site redress plan meets the anterie la the provielene of the Atomes Energy A '

i Part to reparthas apphenbihty of the i SLiylc).

and the N===='=='s segeistions.

the(b)De Comedeelen ebenidanu t

pronsions to senaan classes of facdities (3) Authensados to conduct the liosase the testa.inspeenons,and !

contmus to apply.

sedvities desenbod in to CFR analyses thet the hasasse shau perior !

'l lSSAS Amenesweevereviewof 80.10(e)(3)(i) may be granted only after and the neceptance arteena therefor which are messesary and seposomens-the pree6 ding of$oerin the combined A proceeding on a combined licenseis license proceeding makes the additional finding required by to Cm Psonde reasonable assuranse that, if i tests.imopsonoas. and enslysse em subloct to allappuceble procedural

',,0.10(e)(3)(U).

perfonned and the nosoptease entens 4

requirements contained in to CFR Part 1 including the requirements for docketm8 (b)If, after an a plicant for a met, the faculty has been constructed ;

l

{l1101) andisemamos of a nonce of combined license se performed the and wiB be opewd in confonnity w eenna(I m). AH heannes on acttvities pennteted by pareyeph (a) of O'U""***O" "** " O ' A'8" l!

^

combined lloonees are governed by the this section, the applicacon for the

""II ^"

prt,cedures contamed in Part L Subpart beenu is wiedrawn or dead and ge regulations". Any snodifloenon to, i

G.

early site pernut referenced by the addition to, or deletion from the tenns !

!EL8F fiefeevelto the AC8tS.

spphcation expires, then the applicant a combinedlicense, naciuding any

%e Comausaton shad refer a copy of shah redtsee the site in accord with the modsAcetion to, addition to, or deleuor i the appuestion to the Advisory terms of the site redress plan.lf, before from the tests inspectoes, analyses, o

• Commuttee on Reactor Safeguards redress is cosaplete a use not envisaged related acceptance arttena contamedi s (ACRS). De ACR5 shall report on thow in the redrese plan is found for the site such lleenee,is a proposed amendmen' i t

portions of the opphostion which or parts thereof, the appucant shau to such hoenee.Dere shad be an concern safety and shau apply the carry out the redress plan to the greatest opportunity for a beanas on the

(

cnteria set forth in i Stal.in extent posenble consistent with the proposed amendments. and any heenn ;

alternate use, held must be completed before accordance with the finahty provisions operation of the facility.

I of this part.

I53.88 Esemptioneandvertonese.

I 83.30 Insposeen eletng seneoussen, Isa.se sawwesenesneereview.

(a) Appheants for a combinedlicense Afterissuance of a combinedlicens If the application referen:es an early under this subpart, or any sawndinenuo site permit or a car:1Aed standard a combined lioenee, sney include in the se NRC stan shah aasm that ee design the ennronmentalreview must oppilaation a request. under to CFR required hispectioits, testa, and focus on whether the design of the 50.12. for an exemption from one or are performed and that the prucnbed acceptance enteria are met. Holders of.

facility falls within the parameters more of the t'a==ianian's regulations, combined licenses shau comply with th specified in the early site peruut and including any part of a design provisions of 10 CFR 80.70 and 50.71. A ;-

any other sism5 cant ennronmental cerufication rule. De Comaussion shall - appropnote intervals dunas Issue not considered in any previous proceeding on the este or the decipu. lf grant such a request sf it deterames that.

the application does not refanoe an the exemption willcomply with the construction the NRC staff shau pubb,s -

in the FederalRegister nonces of the early site peruut or a cert:5ed stancard requirements ti10 CFR 80.12(a) or successful completion of inspections.

I j

design the envuonmentalreview 5163(b)(1) if the exemption includes any tests, and analyses.

l procedures set out in to CI'R part 51 part of the design certincapon rule, i

g33.101 pre operanenst enuwust review. -

mut be followed. lacluding the issuance (b) An applicant for a combined 1

I of a final envuonmentalimpact license, or any===asi==at to a if,before the Ca==imaion makes the statement. but excluding the issuance of combined license, who has filed an

" '"8 a supplement under i 81.95(e),

oppucation referenes an early site Att ey th t permit issued under this subpart may g g3.31 Aumertaneen se sensuet one include in the appalcation a request for a sigmBcant changes in the beenm's

soevouse, vanance from one orsnore elements of activities or proposed activities have (a)(1)If the application references an the permit. in determining whether to occurred subsequent to the previous early site perupt whsch contams a site frant the vetaance. the Commuasion shall review by the Attorney General and the '

redrese plan as dwonbed in i 52.1?(c) apply the same technicaHy relevant Commission in connection with the the opphcant is authonged by I 52.:.5 to a

perform the site preparation activities enteria as were applicable to the issuance of the combinedlicense the s

applica tion for the onginal or renewed antitrust review required by section desenbed in 10 C?R $0.10te)(1).

site permit. Issuance of the variance 105c(2)of the Atomic Energy Act must (2)If the application does not reference an early site peruut which must be subloot to litigation during me be completed prior to coinmencement of -

commercial operation of the facility.

contains a redress plan, the apphcant combined license proceedme m the Upon completion of this renew, the may not perform the ette preparation same meaner as other teones material to Director of Nuclear Reactor Regulation that proceedmg.

may impose any additionallicense

,-,e---v

• ev

~

• ~^

~

_ _ _ _ _. _ ~ _. _ _. _.. _. _ _ _ _ _.. -,

W sI Fedesel Rouletar / VGl. 54. No. 73 / Tuesday. April 18. 1985 / Rules ;ad Reestations 1839 j

i

?"""

c6aditions as authorised by esches tote be processed as a regaaet for actosin power seassoas es he menelesemed poenaet of the Atome Energy Act.

anoord with 10 CFR 2.30s.De peedoner to e commession besses and subsequemuy I 88.10B operemen unser e esmtmos shall file the pontius with the Secretary i=a-und at the one pneum a e Geomesic of the Commise6en. Before the liosased momenismet m of the type demie beenee.

(e1 Notlose than1to days before acdvHy aHegedy aNeced by es to 4 30.as of this shapeer. It dies sedese one loading of fuellate the reactor, the pention (fuel loadias. Iow power teetias.

'8'"*'"***"'8"*""'"'"'

holder of the aa=waasi liaanse shall. In 0m.) #m"'M** he a===

abaB P"."Emps e ahemse spemand is ein 1

i wriuns.nonly the Cosmesten of the Ot.

M ","

"",a"a l

aspected dates of both fuelloading and opphenbl ;

enucalay.N Commsenas shah requed. If the pention to greated. then tosensenseenpomme melsenethe i

l pukhsh sauce of these desee ta the an appropriate order will be teamed. Fuel regenement a 6 as6as of this shapeer ser j

Federal Aegmeer. De Fedeemi Regleter loading and operosen under the moow of the oppheemse by the Adelsery J

nouco nuet alas advies peesoes whose cesshined usease wdl not be a5ected by commans en aseenersale l

Intervete may be afected by tacility g, g,,,,,, og g, pegge, ages, g, halens of a puhke haemos,somede a apply a asetent operettoes of their rights undet paragraph ordw to made iemandiately ar5eceve*

wnh respeet to mesame of enesissioni honad of this eschon.

(c) Prior w limiloading, th end etimy. esesummental pestemmes, and ab (b)b)(1)Notlater than to days afterC""""i** shau And that tb' mema d om med assey.m home i

passent a this A n W to ecoopman mmria in es em ned mi

,,,,,,,ppeme,,,,,g,mannissen ?

pu licanon of the. moues required by

,a,s

,h(sia ie e s m,e con n - * - 4**

umemim - udm - m-s*

I whm interut oney b a5nud 8=-.

o F. the facility has been in the baseos appmessen.

facih o constructed and willoperate la L Aa appheeses ter a meneteessnes O'I* "perstica esay file one or oth of confortmty with the Atomic Energy ActDeusse puument to this Appemma he meet he l

'"88 """"8 and the Comansanon's regulations.lf the whmsteed.as opemandin e and of this fac(1) A penuon which shows, pnas ie, that one or more of the acceptance combined license is for a modular chapier and meet as the sesessmene of entena to se comhaned license have not desten, each reactor module may requu, 18 te.netel(t Hel and saaea (el and ibl ef

,g em chapter essopi tat en psenamery been met and. as a result there ne good cause to modify or pronibit opersuon: or pmceeds.

seisey amanyme r.eport shall he demosend se

. g,,,,,,,,,,

,,g,,,,,,,,,g 1

(11) A pendon to moddy the terms and Appendioso A-.t.[ Reserved l infesmessa er aanlysse suisses to sue i

conditions of the combined licones, (t)(1) A good cause pection filed under Appendiz "

""a =.u^ *I estesse eheu be pedanced en pesadened ett paremens wheek ames hespemandis to paragraph (b)(1)(i) of this section will be hmem Manufaceum of Noelm Poww apphessa,ine oppheatles meet aloe granted by the Commesion onlyifit Roemem Ceestruction aest Opension of imdele 6mimann percentes e demon includes, or cleari refersaces, official Nealeer power Reestees u==# m-ed fesames of the peepened sessantel that asec NRC documenta focenente preparedPusment to h=='a=l== 1.lcomm Plans fw mpus me magenes m es i

by or for the combined license holder. or i.e.eoues not.d the Atenne E.mes.sy Aet of S"As S

evidence admissibio in e,re.seding Hom

. ae ame. ed. and iin.i of ie.bepis,

,u,seem,,6, A,,,mes h,,,, mhm, ei under Subpart G of Part 2. which show, requus a ra===== basase to esseter s',

with ble opphaemes as sneerummental sport -

pruns iscas, that the acooptamos criterie roome to tatenum sommeses, meaufsense beve not been met. he combined pralues. menafer acquus. possess. m.

se regered of appheeses ter essairecuon license holder and NRC staff may file I"""' " ""#8" '8Y '"d"U88 8' parate to essardemos wtth Subpart A of Per 81 of thle shopter. provided, bewesor, set anewere to the petition wethin the time requus tho

[fcoae seek mport chan be emoted et the spectfled in 10 CFR 2.y30 for anowere to by the Commise6es before aa=======t of

"*""I***" 'I **

I *' "'

I t

motions by parttee and staff. lf the constracnon of a peducties or unheause

'""""I*"""'8 "'" **dd" 8""I ""'

Comnussion in its judgment decides. on

• • d

" *** *I *'

feedity, and the teone.nse of an operstme g"a"'"'*"r'=a'*==' g =,

as basis of the,etitione a.d any ii. eses hees.e opere of ihe isoihty. rhe mowers as,eio.aaime,e.

n m eets me re.,emmte of ode,eregre,b. asi g = ie d r ei = r * =i. w h is e ty em

. and.daud,,,, _ i,,,oin,, d,o,,

,e,,

the issues reind by the petition are not

,,,,,,,,,,,,,,e; g,, aged

-m

.aissessemosmi,m,es, ememos, exempt froin adjudication under 6 U.S.C.

seeemWed and seossenmed een h mee R propend by the Commesme's agelMwy l

564(a)(3). that gemune isones of matenal which n h a he opmend.in equee HaR wlu be emuarly erected.

fact are tened, and that settlement or caromastasses. both feedity cloeise and alte.

4. (a) Soonene ekte (b) and ick 80.12fbl.

stemd isomos een be enesidered la the inimal. so.as, soaoldt so.se(estiek saaes8cL so.a other mformal resolution of the issues is constreones persmt stage of the liasesteg and (c). Satolet sats. SaSO(dl. 30.86 of this not posenble, then the genuine issues of Presem shapeer and Appemen iof Part a do not.

matenal fact raised by the petition must Howeser, under the Atome Energy Act. e appry 2 -

ha=== Appendius

___m be resolvedin accordance with the homme may be muW and tuned aseenms E and H d Pan M aply w namismanns provisions in 8 U.S.C. 554. 556, and 557 the naciu'esesse of femhties but not their lioneses seiy to the esteet that the i

which are applicable to determming asnowuouse and testaustans et the mies on requuements of these appendiose involve opphcottons for initial licenses. In such wMob es feeWees are 2 be sepumed.Petw femhty destes featuses.

to,he ---

--.as of erussuousa", se (b)1he Annemalinformation subsaitted cases, the notice of beanns from the defined in iIo.so(ol of this chapter of a pursuant to i 30Js(f) d thle shapter and Commismon must spemfy the feedity tennuteeNred pursuant to such e Appendix C of Part a shau be directed at e '

i procedures to be followed. Mattere "a=""='os hasanel on the este at wtuck it to demonstrecon of the Saanmal quahticeuone..

exempt from adjudication under 5 U.S.C.

to operem-est le prepareues of b mm and of the applicant for the manufactunas license 5541a)(3) may be t!*cided by the innausuon d de feeddy--e cetruccon to carry out the emaufactates activtty for Cominiseuin mkly on me bame oItbe Permit that. amens other things. reDeets which the hoense te sought.

abowmg of good cause and any approval of the ette on which the feedity is to 5.Ther====== may issue a heense to be operend. met be head by h responsive pleadmge.

Comeuse6am 1hle appendam sets out the man *mure one w mero enlow pww reactoso to be operated at ettee not identl.ed (ii) A pectice to Inodify the tenne and perncular regesemente and provisions la the license opphcationif the m

e conditions of the combined license will appucable to such estuauone where nuclear finde that:

e 4

i J.,

o 2330s rederal Resister / Vol. St. No. 73 / Tuesfay. April

18. 1989 / Rules and Resulations i'l i'

(eine apphenat has desenbod the -

rapeeed destes of and the site parameters power reesterte) mameleetwed pwomaat to roctulated let the remeter(el, taalunas, but this opponen trous to ===8====ms fashly Appenew F "'-^ t '

' el i

not hunited to, the prompal archatectual and to the som at winah the seenenel wdl be Nealear Power Plaat Deelges:! Jean engmeonne arttena for the design, and has instaued and operated. la addinsa, such To annesuet and Opsease Naciew

,i 1.iennaed the meter featwoo of componente nuaiser power remeter(s)obau act be Power Reestore el Durhaaan Design incorporated therena for the prosecusa of the n,,gg,e,go--

~

site unut the Mdeple Shoe o t health and aslety of the pubho.

Anal design of the reesterte) has boom

}

lb) Such fwther technient er design appened by es Commissism.h Seemesipt of the Atomne Raergy Act t taformones se may be required to complete wie pampoph F test to amended, and 8 30.10 of this she es destes report and wlueh osa masonably

9. An opphost$a for a permit to eenewest a c

mim a a====== busse a mensem be left for later seasideremon, wiu be nuelem power readertel wWeb le to ouWe renewe la laserstate esemeses, menuis p,,,,,g gg,g,,,g y,,,, big heemse preslose, passler, seques, peessee, see,t suppbd is a supplemano the damen mpon.

of an appusseen Iw a mandsetu wh have age.m h "b,.nd imperi er sepset any puedessen er enhei

,mytem.semb talena,nmen er ea.siyees se base feesty.De mgelatenein Pat 30 mguin i

a contain h

ser e epposaat aa e oess e*mtia. em=---

a=== d as===s panor a apphosat has idenunod, and there wiu be is cosasonsa one es appheation for a Comaneesen belem usemessement of l

a=d===d a reseemh and development mammisemanas basana, bat aban by amensmen of a pedessen er seheater pnpen resseeably designed to resolve any 18 to.84(el and to. sea of this shapter, laelhty, sesept as posended in 8 88.101o1 t saleer quessene assemated with each feetwee of esoponents:and tedBeleet taformates to demnastrate that the this shapter, and the teemassa of na (d) On the beeis of the forogome. there to one on which ti o reestartel to to be operated reassemble asewease that (il such safety faus within the postulated site parametere deseos belere the opereces of the feathis Cueseene snu be senefactordy moolved epmhed to the selevant -"

De Commissisa's regelstems in Part t before any of the proposed anaiear power hcease opphaeuom.

thle shopter spee8enEr psevide for tim mesurte) ese matwed ima the

10. he f'a===aion may toene a permit to holehms of heenap en pareseler leases gm construct e nuclear power rosatortel which le esperately trem other leases tavelved is te subiect of na opphaeton for e beenese la heemane praesedage ($ RJet Part 100 of this abapter, the proposed men edMns em,"#8 Appeacha A. saamen 1(ell, and for the caeebdenen of edimeestery procedme mactorte) een be enestructed and opere.ted at the site on wiuch the reaeter to to be operated and Appeams omausessa fa at one hvme charemermece est fad wi m 8

es site paramotore postulated for the design IaDe eneta the postuland We paraneum attushastery preenedage such as beeneir.

cith heni.e resetorte) one.out u.ndue nok to the 8peci6d in the akvant oppheauen for a pressedias ($$ 8318a.8#181 au safet, e,

he.

=-ea ca i n e ap,hea.n m is o i. a y n a saa

• - - m nd m = -

• his appensa este set the parteular to

,e,aremente a.u,,oo,sisse a,, hen,we t w br e-i = a -

mao,,u.

t. desaga na e-i win a con-u-- pe-be -aw situe.sas, w..,,,,emeens are p

roasula the propeeed aucisar power un the vont manufactuneslicense hae on, e, me,, e,,,eman,

,o ifios ies.anoe ur a u.enee to.e

u. Am e, ore.nossa.e for a m.eien, des--m a - a.e be w-wdlnot be toiminal to the common Power tetoterial that has bees manufactured at ellemet atua.8 a

nad sesenty or to the heale sad salety el the puhue, useler a Co===as== heense tesued purennet

1. Basept as othennes opented la this -

(s) On the basis of the evaluetions and to tie Appendix M may be lasued by the analyses of the environmental effects of the Coeumaeton pursuant to i to.sy and Subpart oppensa er as the esatent otherwtee proposed eenos required by Subpart A of A of part 81 of thle taapter emespt that the ladiestee, the provisieme of pen elk Part $1 of this chaptoe and paropoph 3 of this CommiselonshauRad pwomaatto opphenble to esasemaman pernets and Appendan. the sonen eaued for to the i as7(e)(1), that construseon of the operetag heemsee, taehedseg the requireen issuanes of the boonse.

reactorie) has been substastauy completed la l Saas of thle shopter der mysew of the Noter When as appucaat bas supphed La conformity enth both the manufacturms oppbesboa by the Advisory Committee or ininauyallof the tenhaicallaformauca heemse and the cometruccoa permut and the Reactor Saloguards and the holekna of put mgand to compime es opphesuon, opphoebone therefoe. se amended, and the hoarage, apply to construence permute en includseg the Anal deessa of the reactor (s).

proviesene of the Act, and the ruise and operonas hcease subioet to this Appendia reguledone M es.Comauseks.

8' PP *"***8" * * * * * * ' * " " ' ' )

the nadass requesd for the teouance of the Notwithstanding e other provisions of thle I""**

• ^#'""'""*'

tconee.welbe apprepnately taodined to

,coe aiiec tmeroph.no appucauen for an

=aa include the informadas required by ll 301 p-uaniio.a t.

sea ma caa'"ag;,m::';;rgaaa;,i*to,

..es as uoories ieeuw

==a.miusinu m a isiaw m of.

c inr i,e, aapie,.aw be e miita ao speana a woiopewy me ho,a,,,e,uo,u,ou,a,,..,,s co, b

h nect od

""g A,,en.,

i. of aa aa,ter.no a,,henni anu,

g eg.

g, wiu be docketed untd the apphestion for as outua ne nionsauen minud by i stJo ;

O',,"g",",",I*'"

• luch gg,,,,,"

7 h

t a.

a= wdl extend such compleuen

docketed, For th technicallaformance requ6ted b il 8024(e)(1) through (8) and (t) and 80.3<

date for a reasonable pened of time, u.in maklag tim nadage mquimi by thie (e)and b) of ele shapur,mimace may b 7.no holder of a manufactunne bcense part for the leeuanes of a conewucuan penut issued pursuant to this Appendix M shau or as operettag heemse for a muelear pooree made to a smale prehadeary safety analye sutaalt to the t'a====ian the haal design of j

the nuclear power toectortel covered by es reestor(s) that has boom meaufactured under of the design S whld. for the pwposes of a C-- -

_ license 6sareed pursuant to this tiosase as soon as such design has been appendia. or an amendment to seek a

• If the dense ter the power see annel propose completed. Such subauttal shall be in the taamulacturtag Doanes, construction permit. or to e perneeler e,ptseases to see tenement to the form of an application for amendment of the manu'# wing honnes, opereung lioenee. the t'-=== ion will treat othere met esposenes enne est he pressesse se une seseness aos Sebyest D et port e of Gus L Tt.. protubition in I 80.10(c) of thle se resolved those matters which beve boca chneter.

chapter agemet commencement of resolved at an earher stage of the liconema i As need la this esseenes, the desses of e ease construcuan of a producson or utilisation pretees, unnees there emnete sigatBcant new fanhty pnor to noeuance of a construcuon information that substasuauy effects the powensemer testeems to e ameh mhrename at peruut opphee to the transport of a auctur conclusion (e) reached at the earber stage or fy,,,",,','"u*"

MM' other good cause, henne see seley aos ao essanse desesse one --

e eenty.

YP Federal Resister / Vcl. 54. No. 73 / Tuesday, April 18, 1980 / Rul:s and R:suladong 15397 l i

F l 80J4(a)(1)laciudas one set of ette rae6er pornoa themet 'Itie eutimattal shall to the Commissisa's Staf for lie myiew b

parametere postulated for the desian of the also include talormanen portaming to design separately fren and pner to an appheation j

reactors. and an analyene and evalaauon of features that affect plans for coping mth for a construenas paumet for a fealaty. Sura a j

' "3 the reactore in terms of suca postulated este emergenmes in the operenon of the toector or subauttal shall be assempeaned by any be

.K parameters. Such stacle preununary safety -

maior porcon thereot regeued by Part UO et this shapter and shall i

6 ' analysis shau also teclude utionnenon

4. Once the regwatory staN has initiated a commet of the pornen of the intersannoa pertaming to deeien features of the proposed techucal renew of a subautal under this required of apphennes for acessusana reactors that affoot plane for copens with appendas the subauttal wdl be referred to penste by il no.asleHc)and(e)of this

'. " seiersencies in the opersoon of the reactors, the Advisory Comauttee on Reactor chapter, and. inesier as 6t relates to the -

and abau desonoe uw qualaty soeurance Sa'syuards (ACRS) for e review and sport-t program with respect to espects of design,

5. Upon conspienon of their review of a Leome(s) of site sembnity for which early P. febncauon. procurement and cohetrecnon submittal under this appendus, the myulatory rev6ew to sousht, by 14 8024(e)(1) and that ere common to all of the smotore, stas shall pubheh to the Fodseal Rosieser a 50Ao(t) of this chapter.easept that -

3. Applicanone for operenas he= eses deternumanon as to winether or act the informanen wnh respect to operenes of the subautted pursuant to this Appendix N shall F ' - M or Anal deessais asseptable, faenity at the progeseed initial power level l 'M.

Include the informenos regaared by ll 50.33.

sub6ect to such osaditions as may be need not be sapphesL

i. N 50J4 (b) and (c), and 30Jealc) of this chapter, appropnate, and make avaalable in the Public

2. no subauttal for early renew of site 1 4 De opphcant shau also subaut the Doomment Room as analyste of the designin outtahnity teeWe) must be niede in the same l 7 Informanon requesd by 9 81.53 of this the form of a report. An approved design manner and la the same number of copies as

. h required by il 8044(b)(2) tiuouen (6) and chapter. For the toaluuoal informatL.

oball be sullaed by and is!aed upon by the la ilIIL4 seri8830 of thle chapter p

repalatory staff and the ACRS ta their review beanse appheatona, ne subnattal must

-l a

dc 50.34alc), referenes may be made to a omgle if hay individual facdity beense opphosuon include suiBcient informonen eeneerums

' ';r faal safety analysis of the desagn.

which incorporates by reference a design reap of poomilahd faakty doets and approved in accorcanoe with this parsgraph -

operatiemrameters to enable the Staf to p,,g,,, g,,,,,,,gg,,,,, g, g

)~

Appendix 0-Standardination of Design: $",','h*Nd*b*

a b aHau se estebuity teouse, ne submastal must contain uo Staff Review of Standard Designe 7

eerber determanecon or other good cause.

susented ~~ia==== on the issues of site

6. De detersunanon and report by the sustability subautted for renew and must be His appenmx sets out procedures for the regulatory staff eball not coneutute a accompemed by a statsmaat of the bases or filina. starf review and referral to the communnant to taeue a peruut or beenee or in the reases for eau====*4-na Adnrory Commuttee on Reactor Safeguarde any way affect the authority of the subauttal must slee list to the extent

?-

of standard darciens for a nacisar power Comnussion. Atoaue Safety and Ucenoms

$bg g

uvae g,t resetor of the type desenbod in 4 50.22 of this Appeal Panel. Atoauc Safety and uceaams ch;pter or maior pornone thereof.

Board Panel, and other presading ofBcare in wheeer any a lesna proco'n wn und

1. Any person may subaut a proposed any proceeding under Subpart G of Part 2 of I" 7,, P"'"',g,"u"d **P

• • '" ben 'I des any ite ci prelunmary of final standard desite ice a this chapter.

g

'A nuclear power reactor of the type d%cnbed

y. Informauon requeste to the appmval canoiderance. tf any, was gives to alternauve in i 50.22 to the seguistory staff for.to holder regardme an approved design shan be a

renew. Such a suonuttal may crmsi st of evaluated pnor to issuance to ensure that the huf shah abhd a e of P

i !

either the prehnunary or final deeian for the burden to be iniposed on respondents is docketing of the submittelin the Federal entire reactor facahty or the preh==ary or justified in new of the potannal safety Regieur, and shah send a copy of es nouce final design of maioTortone therect significance of the isene to be addressed in of docksting to the Governor or other

2. De subauttal u renew of the standard the requested informanon. F:.ch such appropnate official of the State in which the desum must be made in the same manner and evaluation performed by me NRC staff shall ein le locand. Ma nonce shah idanufy the I

in the same semeet of copies ao prended in be in accordance with 10 CFR 50.54(f) and location of the esta, brie 0y desenbe the site

!~

ll50.4 and 50.30 of this chapter for license shall be approved by the Executive Director suitabihty isome(s) oder rmw, and 1 inte I

appheations, l

for Operations or his orher designee pnor to comumente from federal. State, and local 3.no suncuttal for renew of the standard desian shall tocanoa the informanon issuance of the requeet.

agencies and interested persons within 120 desenbad in il 50.33 (a) through (d) of this Appendix P[Reserveell days of publication er such other time se may be specified, for considersaan by the staff in cbpter and the opphcable techmcal informauon required by ll Sc.34 (a) and (b).

Appendix Q Pro Applicadon Eady conneonon with the inacanon or outcome ci es appropnare, a:.d 50.34a of this chapter Review of Site Suitability leenses in connection w'ith the outeams of their

'# "P"*"

• ^

iother than that requued by II 80J4f a) (6) his appenduc sets out F L.. for the review. De person aquesting myiew shau and (101, 504tt b)(1). (6) (ll. (B). (iv), and (v) filing. Staff review, and mferral to the rwve a copy of the subauttal on the Governor and 50.34(b)(?) and (6)).Re subauttal shall Adyteory Comauttee on Reactor Safegua. de or other appropnate official of the State in eleo include e descnpuca analysis and

( ACRS) of requeste for early review of one or which the site la loosted, and on the chief evaluation of the sterfaces between the more site suitabthey leemos relaung to the executive of the municipahty in which the submitteo design end the balance of the construcuan and opersuon of certain site is located or. af the este is not located in a nuclear power plast. With respect tu the utthastion faculties separately from and prior municipality,on the chief execouve of the j

requiremenu of Il SIL34(a)(1) of this chapter, to the submittalof appucations for county.De person of the submittal the submittal!or renew of a standard design construcuon permite for the faculties. ne containing informanon requested of

)

shallinclude the site persmatere postulated appendix alto sets out procedures for the applicants for construction peruute by -

for the detien.and an analyste and -

paparauou andissuance of Staff Site il 50.33 (a)-(c)and (e) and atL34(a)(1) of this evaluation of the dessen in terms of each Reports and for thest incorporation by chapter wdl be referred to the ACRS for a j

postulated site parametera. no informacon refsance in appucauons for the construction - renew and report. nere wdl be no referrel submitted puvuant to i 50J4(a)(y) of this and operatica of certain utilization facilities.

to the ACRS unless early renew of the site 1

chapter, shall be luntad to the quahty De utdization facihties are those which are safety issues under i 50J4(a)(1)le requested, assurance program to be applied to the subject to 4 61.20(b) of this chapter and are of

. 4. Upon completion of renew by the staff deeien procursment and fabricauon of the the type specified in 4 50.21(b)(2) or (3) or end.if appropnete by the ACRS.of a etructures, evsama, n.d components for i 50.22 of this chapter or are testing facilities.

submittalunder this appendex. the staff shall wiuch design renew hea been regt.asted and This appendix does not apply to proceemnes - propero e Staff Site Report which shall the informacon suomitted pursuant to conducted pursuant to Subpart F c? Part 2 of identify the W-of the eitn. state the ette 150.34f al(9) of this chapter shall be hmited to this chapter.

suitabihty isease renewed, explain the the queltfacanons of the person suhautting the

1. Any person may submit information nature and scope of the review. state the standard desten to design the reactor or regarding one or more site suitability tesues conclusions of the staff regareme the issues

- - --- ~ ~ ~ ~

18338 j

Federal Resister / Vol. 54. No. 73 / Tuesday. April

18. 1989 / Rules and Reeulati2ns 2

reewwed and state the muone for than t

conclusions. Upon teemance of a Statt Site PART 2-4 TULES OF PRACTICE FOR PART!! W M UCENSU Report, the staff aball pubbah a nonce of the DOMESTIC UCENSING PROCEEDINGS PR0 avettabate of the report a the Fedesel Regleter aae shall place copies of the report 2.De authortty citation for Part 2 FACluTIES j

in the Comuusanon's Public Document at 2120 continues to read in part as follows:

13.The authonty citatica for P

{

L Street NW.,lawer Level (Room Lice),

Ausber6ty:Sec.101 es Stat. 948, se continues to read in part as follo '

Weehangton, DC anott. and in a local Public Document Room (siloceted near the site amended (42 U.S.C 220th sec 201. as Stat.

Amhere Sea, E es mat.Det. as idenuined a the Staff Site Report. The staff 124L as amended (42 U.S.C LM).

amadeO42 U.EC 33mk pc.m se shall also send a copy of the report to the i t.HO (Ameneeml 1242. as amoded 142 ESC 5841).

Governor or other appropnete official of the State in wtuch the site a located. and to th* 3. In paragraph (a)(1) the reference to

!00.100 tAmenseel i

chief exeevove of the sunsetpahty in which Appendix 0 of Part 50is amended to H In the one is located or. af the site is not located refer to Appendix 0 of Part 82, and in g"" *perefroph (aX1XIv). Die

• "^

1 in a mumapahty, to the chief execuove of the paragraph (s)(2) the regerence to Part 80 are amended to refer to county' Appendix Q of Part 50is ar ended to Appendices M. N and O of Part 5:

.J

5. Ariy Staf Site Report prepared and refer to Appendix Q of Part 52.

h ineued in accordance with this eppendan may PART S1--ENVIRONMENTAL be incorporated by refemnos, se appropnete. I 1 488 IA""8881 PROTECTION RESULATIONS in an applicanon for a construcuan peruut to a unliaanos facahty wluch to subject to 4.De reference to Appendix N of Part DOMESTIC UCENSING AN l

l $1.2o(b) of this chapter and is of the type 50 is amended to refer to Appendix N of REGULATORY PUNCTIONS i

spect6c in i 50.21tb)(2) or ;3) or i 30.22 of Part $2.

15.%e authority citation for Pa this chapter or to a teettna facdity. The continues to read in part as follow concluenone of the Sta5 Site Report wdl be g 3.401 [Amenseel AmherW Secoon m as Stat.944.

reexaauned by the staff where five years or

5. In the bending and paregrapb (a),

anwnded (42 U.S.C:201k uc.201 as t more beve eleased between the assuance ofthe references to Appendix N of Part 50 242. as amenced 142 U.S.C 5841) the Staff Site Report and its incorporanon by are amended to refer to Appendix N of reference to a construction permit Part 52.

5 51.30 tAmenseel coneutute a comnutment to teene a pernut or

$133r !Amenesel

16. In paragraph (a)(e), the refert ce of e Staff Site Report shali not e

to Appendix M of Part 501s ameno l

6. In paragraph (a), the reference to refer to Appendix M of Part 52.

','g*,E$',

,),$,

,",y ey affect Appendix N of Part 50 is amended to i

the authonry of the Comnunion. Atoaue refer to Appendix N of Part 52.

I51.54 [Amenesel i

Safety and ucanaine Appeal Penst Atonuc 17.De reference to Appendix M Safety and uceneang Board Panet and other l2A03 (Amendee)

Part 501s amended to refer to Appt presidins o! Beers m any proceeding under Subpart F end/or G of Part 2 of this chap'.or, 7.In the heading and paragraph (s),

M of Part 52.

1

r. The stad will not conduct more than one the references to Appendix N of Part 50 f St.ss (Amendeel tenew of one suitability tesues with regard to are amended to refer to Appendix N of it. In paragraph (b), the teferenc.

a perucular site pnor to the full construccon Part $2.

pemut review required by Subpart A of Part Appendix M of Part 50is amended 51 of this chapter. The sta# may dechne to g 3.404 (Amensest refer to Appendix M of Part 52.

prepare sad tuve a Sta5 Site Report in

8. In the heading and text of the

$ 51.78 (Amendeel response to a submittal under this appendix section, the references to Appendix N of 19.The reference to Appendix M where it appeare that. (alin cases where no Part 50 are amended to refer to review of the relauve mertte of the subeutted Appendix N of Part 52.

$$ ',* mended to refer to App site and alternanve sitee under Subpart A of Part 51 of this chapter la requested. there to a

$3.406 (Amendeel 9 51.77 [Ameneed)

Yn ou de tafy oYoreferable 9. The reference to Appendix N of Part altemative sites and the staff review of one 50is amended to refer to Appendix N of Appe M s amo de t fe o or more site sintability leeues would lead to Part 52, CFR Part 52. Appendix M.

an irreversible and irremoveble coaumtment of resources pnot to the subauttal of the i 2.800 (Asnenseel PART 170--FEES FOR FACluT analysis of sitemative sites m the ANO MATERIALS UCENSES AND Environmental Report that would prejudios 10.De reference to Appendix M of OTHER REGULATORY SERVICES the later review and decision on attematve Part 50 is amended to refer to Appendix UNDER THE ATOMIC ENERGY M of Part 52.

sites under Subpart F and/or C of Part 2 and 1954, AS AMENDED Subpart A of Part 51 of this chapten or (b)in $ 1.501 1Aanenseel cases where.m the ludgment of the staff.

The authonty citation for Part 170 II la the heading and paragraph (a)'

continues to read as follows:

se a would no t e the pu c t ren the references to Appendix M of Part 5O considerms (t) the degree oflikehhood that are amended to refer to Appendix M of Authortty: 31 U.S.C prot. se Stat. tost:

any early im.hnee on those issues would 3o1 b 1

Part 52.

p; 8 a 222(42 U C

retem their vandat obiect ons. tf any, y in later reviews. (2) the of cognizant atate orlocal

$2.502 ( M C l (42 U.S.C. sa41).

govemment agencies to the conduct of an 21.Section 170.2 is amended by early review on those issues, and (3) the

12. In the heading and text of the revising paragraphs (g) and (k) to resi possible effect on the public interest of section, the references to Appendix M of as follows:

having an eeriy. If not necessenly concluswe. Part 50 are amended to refer to resolution of those issues.

Appendix M of Part 52.

l 170.2 Scope,

- - - - - - - - - - ~

~~ ^

~'

n

+

\\

f'ederal Register / Vcl. 54. Ne. 73 / Tuisday. April 18. 1980 / Rules and Regulati:ns 153!;

t ipro(g) An applicant for or holder of a payeble upon not18 cation by the 52.no fullcost of review for a docuan or unusation facihty t'a==adaa nere is no fee for an standardised design approval or

% construenon permit, opereting license, application for renewal of an early site cernfication must be paid by the holde.

or manufactunne bcense issued.

permit or a standard design certiacation of the design approval, the applicant le k persuant to Part 60 of this chapter, or an issued under to CFR Part 52. Each certi8 canon, or other enuty supplyms -

MT early site permit standard design applicant other than an applicant for the daign to an applicant for a

gt. certiacation orcombinedlicenseissued renewalof an early site permit or a

. T' pursuant to Part $2 of this chapten standard design certification will be construction peraut, combined license lg.

billed at six monthintervals for au issued under Part 52, or operating l

e (k) Applying for or already has accumulated costs on each application license, as appropriate, in Sve (5) eque

~

l4 li d for reyww. under to CFR Part that the applicant has on file for review - instalt=mata. Aninstaumsatis payabk 1

'M.appe, 52, Appendix Q. of a facihty site prior to by the Comaussion untilthe reviewis each of the Bret Sve times the I

?;.-

the submission of an application for a completed. Each biH must identi'y the approwd/coru8d designis mierom i C construction permit:

appucations and the costs related to in an appucadon for a construceon ambind ucapsud undu

22. Section 170.3 is amended by

( Fees for review of an application I

Pa 52.

opera cann.In y

revising paragraph (1) to read as follows:

8I

,p

,M cert 1Bcation, the applicant for g 170.3 Dennmana.

follows:ne fuu cost of review for a

. certification shau pay the instaument.

renewed standard design certification unless another enoty is supplying the.

(1)" Manufacturing license" means a must be paid by the applicant for design to the applicant for the license pursuant to Appendix M of Part renewal or other entity suppiying the construction peruut, combined license.

52 of this chapter to manufacture a design to an applicant for a construction or operating Econse. in which case the i

nuclear power reactor (s) to be opersted permit. combined license issued under other entity shall pay the installment, i

at sites not idenufied in the license Part 52. or operating license, as (ii)(A)In the case of a design which I

application.

appropnate,in five (5) equal has ban approwd but not cerufled an i I

Instauments: an installment is payable for which no appucation for ceruficatic i 23.Section im12 is amended by each of the first fin times the renewed revising paragraphs (b). (d), and (e)(2) to cernficationis referencedin an is pending.if the design is not read as follows:

application for a construction permit.

referenced, orif all costs are not combined license, or operating license,

. recovered, within Sve years after the,

i17s.1 ' payment et teen-The applicant for renewal shall pay the dateof the reuminarydes P rova l (PW or tb Anal daign APPse Instaument, unless another entity is va (b) License fees. Fees for applications supplying the design to the applicant for

@Al. be #ppucant shah pay for permits and licenses that are subject the construction permit, combined w mmMnW Sose costa, at eat um to fue based on the fullcost of the license, or operating license. in which (B)In the case of a design which has rev.ew are payable upon nouBeation by case the other entity shall pay the

' been approwd and for which an the Commission.Except as provided installment.lf the designis not application for certification is pendingc below, each applicant will be buled at referenced. orif au costs are not =

no fees are due untilafter the six. month intervals for all accumulated recovend. within ten years after the certification is granted. If the design is costs for each appucation the applicant date of renewal of the certification, the not referenced. or if all costs are not has on file for review by the applicant for renewal shad pay the costs recovered, within ten years after the Commission untd the review is for the review of the applicamen for date of cernfication, the applicant shal '

completed. Dere is no application fee renewal erremainder of those costs, at pay the costs or remainder of those for early site permits issued under to that time.

costs, at that time.

CFR Part 52. Fees for the review of an (3) Fees for the review of an -

application for an early site permit are application for renewal of an early site

1. # "*" * "W"

• deferred as follows: The permit halder kermit shan be deferred as follows: The. cardne.auon has ban gran shall pay the applicable fees for the -

older of the renewed permit shah pay design is not referenced, or if all costs permit at the tune an application for a the applicable fees for the renewed.

are not recovered. within ten years afti construction permit or combined license permit at the time an appucation for a.

the date of the certification, the referencmg the early site permit is fled.

construction permit or combined license applicant shah pay the costs for the If, at the end of the initial period of tlw referencing the pennit is filed. lf, at the myiew of the application. or remaindes ~

permit.no facility application end of the renewal period of the permit, of those costs, at that time.

referenems the early site permit has -

no facuity application referencing the been docketed. the permit holder shall early site permit has been docketed. the pay any outseanrhns fees for the pern:n.

permit holder shall pay any outstanding -

23. Section im211s amended by Each bill must identify the applications fees for the permit.

amending the Schedule of Faciuty Fee' -

and costs related to each, Fees for (4) Renewal fees for materials licenses by revising Part A. Nuclear Power applications for materials licenses not and approvals not subject to full cost Reactors, revising foot note 4. and subject to full cost recovery must review must accompany the application adding a new second entry to Part F.

accompany the application when it is when it is filed.

Advanced Reactors to read as follows:

at d-

. H m =v

• te -

i-

.e, an. u.tse.en e et,ees to,-

(d)Renewdfees. (1) Fees for (2)(1) There is no application fee for

.eto,evie. ot stane.,

applications for renewals that are standardized design approvals or refer noeselenapproveen, spaces subject to full cost of the review are certifications issued under to CFR Part propets,and inspeemens,

- ~ ~

~-- ~~ ~

~

~~

1 25400 rederal Resister / Vol. 54. No. 73 / Tuesday. April 18, 1900 / Rules and Reenlations SCHEDUL.E OF FAcnJTY FEES

• cassem a = men man w a sme**v legislation wdlbe passed directly S.,*,",,*i,,,ef,es,*,",',,E*m,'""e'e"nse E"s ", affectaganumberof areasco (se momsme a ens

,rese.s.ee se eswevet.s.eem em e.e**a.em.eri a the Boa o.m.m m - om e v.a s, a e

,,,,3,,on.

e

,s

- e,.

se e.see rees o eu

- e e-== m sua - - e esa.m m.e.om i

i

>*a-as- -

O umcfm cam AprG 18.1900.

l C,,e,.'e',e"e"."exe"ls' ".m:"iemUo"""e

==m av orrae !

l Noemeen er Qiremmenn Pome-sias.oco sammen, u m ou emme p oems e m, tenr,,st conaves userne, coeru-see r>.eei, consusean Fd cost poemm a se seem we se sessme sem mee e# Richard M. Schwarm. Attorney (20' i

p, n

osasi e re*ennen m me *ws en am enen are 906 4as7;Deborah Dakin. Regul'atot ins unsrum a" s"*es w me ens es

,7,,,,',,v,", 'g.* e,",,,,,,",,u*me essomme ese**,"

Associate General Conneel. (202) 9t Counsel. (202) 905 4446:KarenSolo l

^ u mensuet ommnione. Fue cost g

C-

, are Toweeen, nc, p,

,e en su E ner*po YAaDAa" 7240. Regulations andlogislation sene are ansmuseere. M S Division. OfBoe of Genessi Counsel i

Fd cost mesmeers

[ $

• M "en",o'mmenmer s ar*e. eso el a ta Federal Home laan B F.Aeuwsos Menese t

Street.N.W., Washington.DC20552 )

l Aeoensean sor consmaann eerne-- stas. coo meissa case ww we to ease ison composan a me RobertFishman. AmanarPolicy Anal ;

terey ses remet conmoussen FJ cost

• • • =.

penet conense unnem operm.

(202) 331-4882.OfBoe of Regulatory m s***

Deted at Rockvdle MD. this 7th dey of AcuWdos. Federal Homeloan M Apng gang, Systam,80117th Street.NW.,

For the Nuclear Reguistory Commission.

Washington.DC 20008.

i Fees use not me enernes ser arene nimmt.aio n= cornrneman annues e t s.aos a m ensur s,,,g g, a s m ART m flossOn i

nor w emensenses remeeg & ewe ma Secrearyof the Comaussion.

December 23.1908, the Board p comumen esses Fees== no enmens er es"ma*n

[HL Doc. as-ass 2 Fl!ed 4-17-es; s:48 aml to amend its eqmty-risk inmmmat om amme swans e e seemse amenween oroo a

" ** We'n.'"*e."sn,"w'75 s*o i2.M '"** **** "*"

rule.8 Board Res.No. 88-1393 (Dec..

U com ena env omer memos now er noress 1968). 54 FR 155 Qan. 4.1989).De B

'**""* * *'"*' " ","*'"* * *ur n eneet proposed to extend the current equ'

• 'c"***",,""",",",5""",,,",",g" 7,,",,',",n'*,,",,,,"*""" *e,",,,Z FEDERAL. HOME LOAN BANK 80ARD risk investment rule for 120 days.* T l regulation was scheduled to sunset e e am power easme esensesv"eIsom."*.'."" "','

12 CFR Part 563 Aph1989.See12 CFR 5633 4@)

seu oom (1988).

er e annae.

" A8"' * ",,'y,,*,,'*,ns,y,,1,s,w p ne,n INe,as.t 1el no Board received six comments I rer, emene ear mes een as se,wer ens,ma,nn,e,n,,,. e y

re tv esasses as some anos my we a mannes. Ectdty Riskinvestments response to its proposal nroe of th.

l' E, m,wEeE's="ru[mes"s"enm*w"e comments were framinsured can esamen ess w as somer comem o some"r omnes

'% Aprd 12.19s8.

Institutions, two were from trade mn 1

omeen muss a wo se em as mesmans o.n v conces. Aeasecv:FederalHome faan Bank associations, and one was from a LJ/ J r oor a ser.

maner esamv ennus to esen men icos a te rates w government sponsesed corporegon. i 1 pomer. se== ease ear es easnee we me et vei oennes meer esmusis pesar w== ens not a me Actiose Final rule.

the four commente that addressed th 120 day extension of the equity risk Ts"ena"rea's se es timese en esenews ea, suessaany: The Federal Home Loan Bank g",I nsunan(reguladon 43fouM crossesem eien ame one usanunnie sonessaar Board (the Board ).as operatinghead g

mean =vens noseer n"******"

of the FederalSavings and Loan For the reasons set forth below, th

$"e"se'm$a"n"=IE"e"sEeEeI,sm*"in"e. Insurance Corporetion ("FSLIC"). Is Board has deteramed to enlarge the >

e inen sino. For mase esmassens amens m me tne orceamans sinn news mooneen ser me renew, hereby amending 12 CFR 563.9-8. Its extension of es equitNekinnsta et me esamesem un e me enesmo ese a em nee regulation governmg investments by regulation. from the 120 days ongina.

== es ossemines et me armesmans ease enum.

hanes ear me June so. isse nee. Fw men amen. institutions the deposits of which are proposed to 180 days.inits preposal insured by the FSLIC (" nsured Board stated eatit belmmt eat an tore c==*v en ** Wr ***

e a*

Jw.crua en econcame ese semis"am"enesn"ee"av"me -institutions )in equity securities, real extension was ame=aaavy because ree o, see nem ma m em s

• /s."s'e*ne"s*uo"m"e e"as"su"m'"es'enene eenman estate. service corporations, operating additional time was needed to study se Ee*m'n'e"s".*m subsidiaries. certain land loans, and empirical evidence accompanying rat es ames so en essmann Any oromanens nown 1**,e*s,*,*Je '""m*,*is e"sma"s n'e"Eg'*oE ("onresidential construction loana related Board acovity.Since the n

me voie se se masses en sammen equity risk investments").

Proposal. proposed legislation has be m

s

• • "*""' * ** "" *""*""" o eremmar es he finalrule amends the equity risk

'""'8

Ea"r e"eeIns*m'n eenw"v"eu"r."s"w investment regulation by extending the im ame embrem esmonummis e regulation ior 180 days, until October 13.

CA beenens esenne m e ons,mes,,o soenu 1989.This regulation was scheduled to

• • $",",*,',,",*"M g,

'",== se es, ymF ammL l

days bessie asen eesse mi swee by me sene reenneesemetwesemer-ma-e uma en e conense sweeucean somet ene ommt.

sunset on April 18,1989.The Board s econens pecame

,me scense vouse menet osamormv. or omen. me believes that the additional 180 days i

tot s'7 n8k 88"a m"e'n'emm*e

'9*

as 88 mea een crosse we es em mee a ein enen nor me will allow it to evaluate more carefully isteise ied to heenens ocean, the empirical evf dence resulting from ame summium sessens m ossesniw ss.n

, M"'*"*,"" O' ',',,**","',*d'",,,'**

the Board's recent proposal to amend its yn,se=L

,e

',a".ans canonnes ey Nec for me o,wpase et

• N soerd slee pressmed in semove me saece w mesaw or e enemme areyent iruseo. regulatory capital requirements and the eh 6 m meesassessed armerusener ion eenormes evouonous ow km isrm or me report on equity. risk investment sent to 12 m== ambit:1se omk ema by me Fat.

i. cense e ennen een me aumerneo acewese are the Congress on February 10.1989, moonalmewese Aessasses rosaw wee").

temo careennes m. _ won em Aione pursuant to the Competitive Equality se reder. mee uom mega,corosinaties M*

wNan*5ie Banking Act of1987 ("CEBA"). Pub. L

("rmdee meq. pweesse by asseres emuiuse ano os or efter ommmeerts sesa er e ease conmaare of tne neenes. NorWousne sneoeceans No.100-ea,101 Stat. 552. Bot. I1203 esempmu dete.ey mpupmipuhahmi

• • '"",g" *"H""Y ***#"'" "* " ** (1987). Moreover, the Board anticipates

• [e"s ",,*,,*,"a' intYD$N j

i that within the 180 day penod, rmed= me uses.

- - - - - - - - - - - - - - - - ~ ~ ~ ~ ~ ~

s II 101st CONORESS 4

18T SE881oN

,{

To focus existing programs in nuclear fission research at the Department of Energy and establish a program for research, development, and demonstra-tion of advanced technologies for the generation of commercial electric power from nuclear fission, and for other purposes.

1 1

IN THE SENATE OF THE UNITED STATES NOVEMBER 21 (legislative day, NOVEMBER 6),1989 Mr. JOHN 8 TON (for himself and Mr. McCLURE) introduced the following bill; which was read tuice and referred to the Committee on Energy and Natural 1

Resources 1

l A BILL 1

To focus existing programs in nuclear. fission research at the-l Department of Energy and establish a program for re-I search, development, and demonstration of advanced tech-i nologies for the generation of commercial electric power l

from nuclear fission, and for other purposes.

l 1

. Be it enacted by the Senate and House of Representa-2 tives of the United States of America in Congress assembled, 1

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the " Advanced' Nuclear

- 5 Reactor Research, Development,'and Demonstration Act of j

6 1989.".

i 4

'D a

I 2

1 SEC. 2. FINDINGS, PURPOSES, AND DEFINITIONS, j

2 (a) FINDING 8.-Congress finds that-3 (1) energy generated from nuclear fission now 4-supplants the burning of fossil fuels in an economical:

5 fashion and contributes substantially to the provision of 6.

needed supplies of electricity while reducing the rate

7 and scope of global environmental pollution; and 8

(2) it'is in the national interest for the Federal

-9 Government to provide leadership in encouraging ad 10 vanced technologies for generation' of electricity from 11 nuclear fission, so that such technologies may be-

)

12 adopted as needed.

13 (b) FURPOSES.-The purposes of 'this Act are to--

14 (1) require the Secretary to make decisions that -

15 will focus programs of the. Department for research,-

.l 16 development, and demonstration of techhologies for the

'17 generation of commercial electric power from nuclear' J

18 fission; 19 (2) authorize the Secretary to encourage the use 20 where needed of-technologies for: the generation 'of; 21 commercial electric power from nuclear fission; and 22 (8) ensure the timely availability of advanced -

28 technologies for the generation of commercial electric; 24 power from nuclear fission.

25 (c) DEFINITIONS.-For purposes of this Act, the 26 term-8 1966 IS

8 1

(1) " Commission" means the Nuclear Regulatory

)

2 Commission; 3

(2) " Department" means ~the Department of 4

Energy; and l

5 (8) " Secretary" means the Secretary of Energy.

6 SEC. 3. PROGRAM.

7 (a) RESEARCH, DEVELOPMENT, AND DEMONSTRATION 8' PROoRAM.-The Secretary shall carry out a comprehensive j

i 9 program of research, development, and demonstration in ac-l 10 cordance with the provisions of this Act to encourage appli-

)

11 cation of technologies for the generation of commercial elec-j i

12 tric power from nuclear fission that to the maximum extent-i 13 practicable-j 14 (1) are cost-effective in comparison to alternative l

15 sources of commercial electric power of comparable

.j 16 availability, reliability, and impact on the rate and l

17 scope of global climate change; 18 (2) can utilize modular construction techniques;.

]

19 (8) are adaptable to standardized design, construc-l 20 tion, and licensing; 21 (4) exhibit passive safety features; and i

22 (5) incorporate features that discourage diversion l

23 of fissile material for use in nuclear weapons.

l 24 (b) CERTIFIED DESloNS.-(1) The program of the Sec-j 25 retary under subsection (a) shall include appropriate steps for-S 1966 IS

4 the development and submission for certification by the Com-1 2 mission of completed standard designs for commercial nuclear 3 reactor facilities employing nuclear reactor technologies that 4 the Secretary determines exhibit the characteristics set forth 5 in subsection (a).

6 (2) The: Secretary shall provide Congress with ~an 7 annual report describing the progress in the previous year in.

1 8 certifying standard reactor designs under paragraph (1) and 9 setting forth plans for the: certification program for thE 10 coming year.

11 SEC. 4. DECISIONS BY THE SECRETARY.

t 4

12 (a) HEARING 8.-(1) Within sixty days after the date of 18 the enactment of this Act, the Secretary shall begin hearings-14 to develop information upon which to base the' decisions and 15 recommendations required by this section.

16 (b) HEARINGS ON FUTURE: PROGRAM.-These hear-17 ings shall examine-18 (1) the need for, and the potential for adoption in.

19 the future by electric utilities or other entities of, tech-20 nologies that are available or under development for 21 the generation of energy from nuclear fission; 22 (2) how much time and resources would be re-28 quired, under optimal circumstances, to complete re-24 search and development on-each of the technologies 25 now under development by the Department to the

.S 1966 IS

'"I>

J 5-I point that each would be ready for a demonstration of 2

the technology; 3

(3) how the Federal. Government,-acting. through 4

the Secretary (including actions of the Secretary under 5

this Act), can be effective in ensuring the availability of j

6 these technologies when they may be needed; and I

7 (4) whether the Secretary should solicit coopera-8 tion from the private sector in carrying out the nue:! ear 9

reactor demonstration programs authorized in sections.

10 5 and 6.

11 (c) HEARINGS ON EXISTINo PROGRAMS.-These hear-12 ings shall also examine the status, future prospects, and fund-18 ing sources for programs of the Secretary for research, devel-14 opment, and demonstration of technologies for the generation 15 of energy from nuclear fission in existence on the date of the 16 enactment of this Act, including programs provided for in 17 appropriations Acts as-18 (1) light water reactor research and development; 19 (2) advanced reactor systems (including the high-20 temperature gas reactor program,'the liquid metal re-21 actor program, and the integral fast reactor program);

22 (3) space and defense power systems (including 23 the SP-100 program);

24 (4) advanced nuclear systems; and S 1966 IS

,..g 6

i 1

(5) facilities (including the Fast Flux Test Facil-

-1 2

ity, Experimental Breeder Reactor-II, and the Energy 3.

Technology Engineering Center). -

4 (d) In carrying out the hearings under paragraph (1) the-e L

5 Secretary shall offer members of the public opportunity to

)

6 provide information and comment and solicit the views of the l

7 Commission and other interested parties.'

l 8

(e) REPORT.-(1) The hearings shall' conclude no later l

9 than one hundred and eighty days after the date of the enact.

10 ment of this Act.'

(

11 (2) Within ninety days after the conclusion of the hear--

12. ings the Secretary shall submit to Congress a report summa--

i 18 rizing the results of the hearings and setting forth the Secre-14 tary's plan for implementing the remammg provisions of this 15 Act. The report shall indicate how the Secretary's plan will-i 16 further each of the purposes of this Act set forth in section' 17 2(b). In developing the plan the Secretary shall; take into-u 18 account-19 (A) the views received during the hearings;:

0 i '

20

'(B) the need, as determined by the Secretary, for-21 available commercial electric power supply > technol-22 ogies based on nuclear fission' and the time when this 23 need will become urgent; and 24 (C) the probability that the Secretary's actions--

L 25 under this section will contribute substantially to the

't S 1966 IS I

c.

1 i

7 I

availability of commercial electric power technologies 2

based on nuclear fission consistent with the need for 8

these technologies.

~

4 (f) DECISIONS ABOUT FUTURE DEMONSTRATION pao.

5 ORAMS.-As part of the report under subsection (e) the Sec-4 6 retary shall issue a decision whether or not to conduct the 7 solicitations authorized under sections 5 and 6, together with 8 the reasons for this decision.-

0 (g) RECOMMENDATIONS ABOUT ExisTINO NUCLEAR 10 fission RESEARCH, DEVELOPMENT, AND DEMONSTRA-

{

11 TION PROGRAMS.-

i 12 (1) As part of the report under subsection (e), the 18 Secretary shall issue a decison whether to support each l

14 of the programs and facilities of the Department of 15 Energy for research, development, and demonstration.

i 16 of technologies for the generation of energy from nu-l 17 clear fission that are in existence on the date of the 18 enactment of this Act.- The Secretary shall promptly 19 transmit to Congress written recommendations about-20 the disposition of such programs under this paragraph.

21 (2) The Secretary may recommend providing sup-22 port for any such program or facility under the authori-l 28 zation set forth in section 7 only to the extent that ac-3 24 tivities under this Act are carried out under the pro-o 25 gram or at the facility.

l S 1966 IS v-

l 8

1 (8) The Secretary may recommend termination of' H

2 support for any program or facility or continued oper-8 ation of the program or facility under alternative meth-

)

i 4

ods of support, including support authorized under sec-H 5

tion 7, support using other appropriations 'available.

6 under other appropriate authority of the. Secretary if 7

any, support through user charges to. be paid by Feder-8 al agencies or other users of the program or facility for..

9 activities carried out, or any combination thereof.

10 SEC. 5. DEMONSTRATION OF SITING, LICENSING AND FINANC.

11 ING OF NUCLEAR REACTOR TECHNOLOGY.

12 (a) USE OF AUTHORITY OF-THE. SECRETARY.-The 18 Secretary shall use the authority under this section and other..

14. authorities available.to the Secretary to encourage the siting, 15 financing, licensing, construction, and ' operation of facilities 16 for the generation of commercial electric power from nuclear 17 fission in regions where the Secretary, after consultation with j

18 appropriate agencies in the affected States,. finds a nesd for-19 additional electric generating capacity.

h s

20 (b) SOLICITATION.-At any time after publication of-

'l 21 the report under subsection 4(e), the Secretary, in consulta-22 tion with the Commission, may solicit proposals for collabora-I l

28 tion with one or more private parties who agree to become:

24 -applicants for all necessary permits for the construction and i

25 operation of facilities for the generation of commercial elec-S 1966 IS I

..~

9 1 tric power from nuclear fission. In any solicitation under this 2 subsection, the Secretary shall offer, in the case of accepted 3 proposals, to-

~i 4

(1) assist in the identification of private financing:

5 arrangements that to the maximum extent practicable'-

6 under existing law minimize the risk in financing the 7

construction and operation of the proposed facility; 8

(2) appear on behalf of applicants before any au-9 thority, including the Commission or appropriate State 10 and local regulatory authorities, with jurisdiction over 11 the proposed facility; 12 (S) be responsible for the costs of any new re-18 quirements imposed by the Commission after issuance 14 by the Commission of a license for. the construction of-15 the proposed facility, provided that the Federal Gov-16 ernment shares equitably in the revenues from oper-17 ation by the facility; and 18 (4) otherwise seek to expedite the construction 19 and operation 'of the proposed facility using authority-0 20 available to the Secretary under existing law.

H 21 (c) COMMENT.-The Secretary shall offer an opportu'ni-22 ty for interested persons, including the Commission, to com-28 - ment on any proposal received under subsection (b). The Sec-24 retary shall offer technical assistance to any applicant whose 25 proposal shows proiJse for selection under this subsection S 1966 IS 2

m

,;. s q

10 I and shall permit such applicant to modify his proposal. The j

l 2 Secretary shall consult with the Com' mission on ways to im-3 prove the prospects for licensing any proposed facility that i

4 may be acceptable under this subsection.

5 (d) SELECTION.-

3 6

(1) The. Secretary shall decide whether to select 7-any proposal received under this section __within one 8

hundred and eighty day after the corresponding initial 9

proposal is submitted.

10 (2) The decision to accept any proposal-shall be e

11 transmitted promptly. to Congress,'and. not less than 12 forty-five days shall pass before such decision is L

18 effective.

-i 14 (3) The interpretation and application of the selec--

15 tion criteria set forth in subparagraphs (A) through'(F) 16 are within the sole discretion of the Secretary. In de -

17 ciding whether to. select a proposal under this section 18 the Secretary shall take into account-19 (A) the extent to which the technology 4

i 20 proposed exhibits the characteristics set forth in 21 section 8(a);

22 (B) whether acceptance of the proposal will-28 encourage use of a standard l reactor design for the.

24 technology in question; i

8 1966 IS 1

1 a

l 11 1

(C) the probability that the facility can be 2

successfully financed, constructed, and licensed; 3

(D) the probability under the proposal that 4

the Federal Government will receive an equitable -

5 share of revenues from operation of the proposed 6

facility; i

7 (E) the importance of the Secretary's contri-8

-bution under this section-to successful construc-9 tion and operation of the proposed facility; and 10 (F) the extent to which the successful con-11 struction and operation of the facility will improve l

12 the availability of technologies for generating 18 commercial electric power from nuclear fission, t

14 (e) FUNDING.-To the extent provided in advance in'ap-i 15 propriations Acts, the Secretary may provide funds to cover 16 costs referred to in subsection (b)(8).

l 17 (f) LICENSING.-

i 18 (1)(A) The facilities covered by any proposal se-19 lected under subsection (d) shall be subject to Commis.

i 20-sion licensing as provided by the Atomic Energy Act 21 of 1954, as amended, and this paragraph.

22 (B) The Commission may' issue' a combined con-28 struction permit and operating license for' a facility 24 covered: by a proposal selected under subsection (d) 25 after providing an opportunity for a hearing under sec-

\\

S 1966 IS

r 12 1

tion 189 a of the Atomic Energy Act, if the Commis-2 sion finds that there is reasonable assurance that the

~

3 facility will be constructed and will operate in conform.

4 ity with the application for the facility, applicable pro -

[

5 visions of the Atomic Energy Act, and applicable regu-6 lations of. the Commission. The Commission. shall 1

7 ensure through inspections, tests,;and analyses that 8

construction is completed in conformity with the com--

t 9

bined construction permit and operating ~ license.

5 10 (C) Before operation of any facility licensed under -

a 11 this subsection, the Commission shall publish in the_

12 Federal Register a notice'of the intended operation of 18 the facility, and shall provide a thirty-day period withini t

which any perso' may file a written objection to oper -

14 n

l 15 ation of the facility on the ground that the facility has E

L 16 not been constructed or will not operate in conformity 17

- with the license. The. objection must set' forth with 18 specificity and in reasonable detail the facts and argu-

,C 19 ments upon which the objection is based, and may be 20 accompanied by a request for a hearing. Unless a prior.

21 hearing is granted in accordance with the requirements?

I 22 of this subsection, operation of the facility shall com--

28

. mence and the Commission shall publish a brief state-24 ment of any issues raised in the objection and their res-25 olution by the Congress.

1 S 1966 IS

..-a

..~.,,s I

e.

13 l

1 (D) The Commission may designate an issue 2

under subparagraph (C) only if-i 1

8 (i) the issue consists of a substantial dispute i

4 of fact necessary for the Commission's decision

[

5 that cannot be resolved with sufficient accuracy 6

except at a hearing; and 7

(ii) a showing has been made that there has 8

- been nonconformance with the license that has 9

not been corrected and that could materially and 10 adversely affect the safe operation of the facility.

11 Following completion of any hearing, the Commission 12 shall decide whether or not to modify or condition the 18 license.

14 (2) Within two years after selection of a proposal 15 under subsection (d), the Secretary, in consultation 16 with the Commission, shall identify changes in Com-17 mission regulations that would improve, consistent with l

18 existing law, prospects for the successful' licensing of l

1 19 the facilities' covered by such proposal.

20 SEC. 6. DEMONSTRATION OF ADVANCED REACTOR TECH -

21' NOLOGY.

22 (a) USE-OF AUTHORITY OF THE SECRETARY.-The 23 Secretary shall use the authority under this section and other 24 authority available to the Secretary to demonstrate promising s

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t 14 1 technologies for the generation of commercial electric power 2 from nuclear fission.

8 (b) REQUEST FOR PROPOBALB.-

4 (1) Within ninety days after the publication of the 1

5 report under subsection 4(e), the Secretary, after con-6 sultation with the Commission, may issue a draft re-7 quest for proposals for the construction of a commer-8 cial-scale demonstration reactor-employing advanced 9

technology for the generation of commercial electric' l

10 power from nuclear fission that-11 (A) exhibits the characteristics set forth in 1

12 section 3(a);

}

18 (B) minimizes to the extent practicable. the-I 14 volume or toxic lifetime of nuclear waste produced 15 and the cost of nuclear waste disposal;.

16 (C) is reasonably designed to ' maximize ac-17

-ceptance by the public,' the financial community, i

18-electric utilities, state electric utility regulators, 19 and the Commission; and 1

20 (D) could provide commercial electric power j

21 to a utility grid as soon as practicable but not a

22 later than the year 2010.

I 28 (2) Any proposal under paragraph (1) shall-S 1966 IS w.

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(A) set forth the management structure for i

2 the project specifying a single entity that will be 8

in control of the project; and

~.

4 (B) indicate how this structure ensures 5

timely operation of the facility within the budget 3

6 proposed.

7 (8) The Secretary shall offer an opportunity for 8

interested persons to comment on the draft request for 9

proposals. The Commission shall comment on such

'l 10 draft request. The Secretary shall consider and publish 11 a summary response to any comments received within 12 ninety days after issuance of the draft request for.

18 proposals.

14 (4)(A) Within one hundred and eighty days after i

15 publication of the report under subsection 4(b)(2), the 16 Secretary may issue a request for a competition among 1

17 proposals for funding under this section. Final propos-4 18 als may be submitted to the Secretary within'one hun-l 19 dred and eighty days after the request for proposals is 1

20 issued under this paragraph, except that the Secretary 1

21 may extend this deadline for up to an additional-one.

22 hundred and eighty days if the Secretary determines I

28 that such extension is necessary to permit promising 24 proposals to be submitted.

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1 (B) The Secretary may provide technical' assist-2 ance for the development of proposals the Secretary 8

considers promising..

l 4-(C) If at any time it appears that there will be l

5 insufficient competition among proposals under this.

6 section, the Secretary may modify and reissue the re.

1 7

quest for proposals under subparagraph (A) so as to en-courage the submission of additional potentially accept-8 i

9 able proposals.

10 (5)(A) The Secretary shall decide whether to 11 select any proposal received under this section within 1

12 one hundred and eighty. days after the corresponding.

18 initial proposal is submitted.

14 (B) The decision 'to-accept any proposal shall be 15 transmitted promptly to Congress, and a period of-16 forty-five days shall elapse before such acceptance is 17 effective.

18 (0) The interpretation and application-of the se--

19 lection criteria set forth in clauses (i) through (vii) are.

20 within the sole discretion of the Secretary. In deciding 21 whether to-select a proposal under this section the.

22 Secretary shall take into account-28 (i) the extent to which - the technology 24 proposed exhibits the characteristics set forth in 25 section 8(a);

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-(ii) the probability that the demonstration 2

project can be successfully financed, constructed, 3

and licensed;

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(iii) the importance of the Federal contribu-5 tion under this subsection to successful demonstra-l 6

tion of the technology proposed; 7

(iv) the extent to which the successful con-4 l

8 struction of the demonstration project will -im-L 0

prove the availability of advanced technologies for 10 generating commercial electric power from-nu-11 clear fission; 12 (v) the probability that technology and design 13 l

features exhibited by the project can be deployed 14 commercially by the utility industry in a: timely 15 fashion to supply the nuclear generating capacity 16 reasonably expected to be required; 17 (vi) the probability under the proposal that-18 the Federal Government receive an equitable l.

19 share of revenues from operation of the proposed -

20 facility; and 21 (vii). the extent to which selection of the 22 project otherwise furthers the purposes of this-28 Act.

24 (c) FUNDING.-To the extent provided in advance in ap-25 propriations Acts, the Secretary may provide funds for con-1 8 1966 IS-

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3 18 1 struction of a demonstration project under an acceptable pro-2 posal selected under subsection (b). Such funds may be pro--

8 vided only if the proposalielected by.the. Secretary provides-4 for-l l

L 5

(1) at least 50 per centum of project costs to be 6

provided from non-Federal sources; and L

7 (2) non-Federal financial responsibility for anf and l

8 all costs in excess of the specific amounts authorized 0

by the Secretary to be paid under the ' accepted

]

10 proposal.

l 11 (d) LICENSING.-

12 (1) Any demonstration project under this subsec-o 18' tion shall be subject to licensing requirements of the 14 Atomic Energy Act of 1954, as-amended, as if such 1

15 project were a commercial utilization-facility under 16 such Act, and may be issued a. combined construction 17 permit and operating license in accordance with' the 18 provisions of section 5(f)(1).

.i 19 (2) Within one year after selection by the Secre-9 20 tary of a proposal.under subsection-(a)(4), the Secre-t 21 tary, in consultation with the Commission, shall iden-22.

tify changes in Commission regulations that would im-28 prove, consistent with existing law,- prospects for the 24 successful licensing of the demonstration project under.

25 this subsection.

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i 19 1 SEC. 7. APPROPRIATIONS.

2 (a) APPROPRIATIONS.-

3 (1) No more funds may be appropriated to carry 4

out the purposes of this Act set forth in section 2(b) 5 than the amounts set forth in paragraph (2). This Act 6

shall be the exclusive source of authorization for appro-7 priations of funds to support any activities of the Sec-i 8

retary for research, development, and demonstration -

9 technologies for the generation of commercial electric 10 power from nuclear fission.

l 11 (2)(A) For the fiscal year beginning on October 1, 12 1991, not more than $100,000,000 may be appropri-18 ated for activities described in paragraph (1).

14 (B) For the fiscal year beginning October 1,1992, 4

1 15 not more than $200,000,000 may be appropriated for 16 activities described in paragraph (1).

17 (C) For the fiscal year beginning October 1,1998, 18.

not more than $200,000,000 may be appropriated for

)

19 activities described in paragraph (1).

20 (D) For fiscal years beginning October 1,1994, 21 and thereafter, such sums as may be necessary may be 22 appropriated for activities described in paragraph (1).

28 (b) RESEARCH, DEVELOPMENT, AND DEMONSTRATION 24 FUNDING.-In accordance with the provisions of appropria-25 tions Acts, the Secretary may-8 1966 IS

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20.

1 (1) use a portion of the funds authorized to be ap-2-

propriated under this Act to pay the Federal share of 8'

support authorized under sections 5 and 6; and 4

(2) reserve a portion of the funds authorized to be 5

appropriated under this Act for ongoing.research and.

6 development on technologies that exhibit.the character-7 istics set forth in section'8(a), including research and' 8

development necessary for any project under sections 5 9

and 6.

10 SEC. 8. REPORTS.

11 (a) RECOMMENDATIONS BY THE COMMISSION.-

12' (1) Within two years after the selection of a pro-l 13 posal under section 6, the Commission, after consulta-14 tion with the Secretary and opportunity for public com-l 15 ment, shall submit to Congress specific recommenda-16 tions for changes in law that the Commission finds nec-17 essary for ' the-timely licensing, consistent. with the 18 public health and safety, of commercial nuclear power 19 reactors whose design is based on. the demonstration 20 project under section 6.

21 (2) The Secretary shall provide Congress with the 22 comments on the recommendations of the Commission -

23 submitted under paragraph (1).

24 (b) REPORT B1 THE COMMISSION.-

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g 21 1

1 (1)(A) In order to assess whether the purposes of 2

this Act may be achieved in-whole or in part by the

)

3 availability in the United States of-nuclear reactor 4

technologies already in use-or under development in 5

other nations, the Secretary shall review commercial-6 nuclear reactor technologies in use or under develop-7 ment in other nations and, within one year after tho' l

8 date of the enactment of this section, provide Congress 9

and the Commission with an initial assessment of the 10 extent to which any such technologies may exhibit 11 characteristics set forth in paragraphs (1), (2), and (4) 12 of subsection 3(a).

1 13 (B) If the Secretary finds that a technology re-14 viewed under subparagraph (A) has the potential to ex--

15 hibit such characteristics, he shall identify the technol-j 16 ogy and include a thorough discussion of his findings in -

17 the assessment under this paragraph.

18 (2) Within one year after receipt of the Secre-19 tary's initial assessment under paragraph (1), the Com-l 20 mission shall report to Congress on the problems of li-a 21 censing under the Atomic Energy Act of 1954, as i

1 22 amended, of commercial nuclear reactor technologies i

23 that the Secretary has identified under subparagraph 24 (1)(B).

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1 (8) Before submitting the report under paragraph 2

(2) the Commission shall make available to the public a '

1 1

8 draft report and provide opportunity for comment on 4

the draft report.

1 5

(4) The report of the Commission under paragraph 1

6 (2) shall identify specific impediments to licensing 7

under the Atomic Energy Act of 1954, as amended, 8

for each technology considered and shall. indicate how, 9_

or if, such impediments might be removed-by amend-10 ments to law or regulation consistent with the public 11 health and safety, t

12 (c) REPORT BY THE SECRETARY.-The Secretary, in' j

18 consultation with the Commission, shall submit an annual i

14 report to Congress on activities under this Act assessing the y

L 15 progress during the previous year in achieving the purposes t

l 16 of this Act and the prospects for further progress in the-17 coming year.

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