ML20027C293
| ML20027C293 | |
| Person / Time | |
|---|---|
| Issue date: | 09/16/1982 |
| From: | Stephen Burns NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Greene K Federal Emergency Management Agency |
| References | |
| NUDOCS 8210150236 | |
| Download: ML20027C293 (8) | |
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t July 16,1982 Ken Greene, FEMA Attn: SL-NT-TH Federal Center Plaza 500 C Street, N.W.
Washington, D.C.
20472 Dhar Mr. Greene:
Attached is a copy of 10 CFR 2.206 (and 10 CFR 2.202 which is referenced in Section 2.206) which you requested. I also enclose supplementary material that accompanied the issuance of the original rule in 1974 and a 1977 amendment as well as another Federal Register notice pertaining to 2.206 procedures.
Stephen Burns, Attorney Regional Operations and Enforcement Division Office of Executive Legal Director
Attachment:
as noted Distribution:
NRC Central ELD Bdr Rdg Burns chron Subject DESIGNATED ORIGINAL kkOOR R
CertifJed By_
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PART 2 o RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS (a)~ The Director ofNuclear Reactor (c) Upon completion of rerlew by the to admit or deny the $lofa'tlon and to-r F
Regulation or Director of Nuclear std and the ACRS of a submittal of the
,, ate the reasons for the violation,if ad.'
dese bed in of J
Material Safety and Safeguards, as ap, g g.
mitted. It may provide that,if an adequ.
n propriate,may deny an applicatson if an R actor Regulauco ahdl pubhah in the ate reply is not receised within the time e applicant fails to respond to a request for " Furrait. Rrczstra a dete mination ma._to specified in the notice, the Director, I additionalinformation within thirty (30) 5 whether or not the design la acceptable. R Office of Inspection and Enforcement.
" days from the date of the request, or a subject to sch cond!tkma as may be a9* propriate, and place ts the Pubbc Docu. $ may issue within such other time as may be c license should not be modified, sus.
met Roorn an analysis of the design in
_specified' a
the fort.a of a report.
~ Pended or revoked or such other action
" be taken as may be proper.
(b) De Director of Nuclear Reactor ReEulation or Director of Nuclear
$ 2.111 Prohibition of en discrimina.
(c) w, hen the Director,0ffice of in.
tion.
spection and Enforcement. finds that the Material Safety and Safeguards, as ap.
No person shall on the ground of sex pubHc bcalth, safety, or 1nterest so re.
propriate,will cause to be published in v the FEDERAL REGISTER a notice of be excluded from participation in, be quires, or that the violation as wallful,the denial when notice of receipt of the ap. = denied a license under, be denied the
" 'IC' of violation may be omitted and plication has previously been published, $ beneSts of, or be subjected to discrimi.
.a,n order to s nw cause issued.
but no notice of hearing has yet been ' nation under any program or acurity
"[ 2.202 Order so show cause.
published. The notice of denial will pro.
carried on cr receiving Fedezal assist.
. (a)The Executive DirectorI vide that, within thirty (30) days after ance under the Act or the Energy Reor. @ab Mq u mgg,or in S the date of publication in the FEDERAL ganization Act of 19R as
(
determined by the EDO, and Director of I
- e REGtSTER (1) the applicant may demand bpart B-ProcedurA I 6 I6nPo5ing m.
. Nuclear Reactor Regulation Director of f
e a hearing, and (2) any person whose in.
quiremeans by Order, or for T. Nuclear hfaterial Safety and Safeguards, R terest may be affected by the proceeding M odifica tion. Suspension, or E Director.O'fice ofinspection and may file a petition for leave to intervene.
Resocation of a License,or for Im' ' Enforcement, and Director, O!! ice of (c) When both a notice of receipt of posing Civil Penalties f Administration, as appropriate may the application and a notice of hearing have been published, the presiding
- .200 Scope of subpart.
Institute a proceeding 1., modify, suspend. or revole a license or for such staff u suant o i 2.73 (al This subpart prescribes the prg.
other action as may be proper by will rule whether an application should @ cedures in cases initiated by the serving the ll ensee an o, rder to show be denied by the Director of Nuclear c-staff.or upon a recluest by any
_cause w d w Reactor Regulation or Director of person.to impose requirements by order @ (1) Allege the violations with which D(.
Nuclear Material Safety and Safeguards, ? on a licensee or to modify, suspend, or 9 the licensee is charged,or the potentially as appropriate, pursuant to paragraph (a).
resoke a license.or for such oth r actior c hazardous conditions or other facts as may be proper.
{ 2.109. Effect of timely renewal ap.,-
g deemed to be sufficient ground for the proposed action.
plication.
E (b) This subpart also prescribes the
~
E procedurra in esses initiated by the stas (2)
Prov,de that the licensee may file i
I If, at least thirty (30) days prior to the a to impose cid1 penalues p :ssuant to see-a written answer to the order under oath I
expiration of an existing license c uon 2H of the Act and accuco 206 of the or affirmation within Iwenty (20) days of g authorizing any activity of a continuing g Energy ReorsnM=uon Act of 19M.
its dam or such other time as may be 9 nature, a licensee files an application for 5 a renewal or for a new license for the ac. "%
specif.cJ in the order; l
2.201 Notice of *iolation.
tivity so authorized, the existing license
. (3) Inform the licensee of his right, e
w thin twenty (20) days of that date of
" will not be deemed to have expired until (a) Before instituting any proceeding the order, or such other time as may be the application has been finally deter.
40 rnodify, suspend, or r&oke a license specified in the order,to demand a hear.
, mined or to take other action for alleged viola ing; y
tion of anyprovision of the Act or this (4) Specify the issues; and,
- f. g 2.110 F h saml A t.t.intw W
, chapter or the conditions of the license ~ (5) State the effective date of the on sehamirtals for demism reur ce the Director, Office of Inspection and Eerder.
E early re-of she every immen.
Enforcement,will serve on the licensee a c (b) A licensee may respond to an 4
written notice of vio'lation, except as ~ order to show cause by filing a written f(aK1)* A submittal pursuant to Appen., provided in paragraph (c)of this section. " answer under oath or affirmation. The E" dix O of Part 50 of this chapter shall be a The notice of violation will concisely answer shall specifically admit or deny subject to (( 2.101(a) and 2.790 to the E state the alleged violation and will re-each allegation or charge made in the
' same extent as if it were an application c cuire that the licensee submit, within order to show cause, and may set forth E or a permit or license.
~.wenty (20) days of the date of the notice the matters of fact and law on which the f (2) Except ali ' sew piwidad " or other specified time, a written ex.
licensee relies. The answer may demand otherwise by the proWhrw of App" "'
planation or statement in reply includ.
a hearing.
Q to Part 60 of this chapter a subatttM ing:
(c): If the answer demands a hearing ptusuant to Appendir Q shall be sweet (1) Corrective steps mhich have been the Commission will issue an order the M2 taken by the licensee, and the results designating the time and place of hear.
n g permit or Isodase.
achieved; ing.
R abFUpeIn th!tistion of review or tae (2) Corrective steps which will be (d) An answer or stipulation may
" stas of a submittal of a type descreed taken; and consent to the entry of an order in subs.
$ to paragraph 6eMD of tMs sectieur 4, (3) The date when full compliance tantially the form proposed in the order w Director of F"ck Pa=Mw Regunstion will be achieved.
to show cause.
f reee of the s ti t
(b) The notice may require the li;ensee (c) The consent of the licensee to the.
ing comments imm intwsted persons
- R'8'5i8"d 42 FR 22an2-within to days of rht"=+w or such waiver by the licensee of a hearing, find-other time as may be spectSed, for con-stderation by the stag and ACRS in their 29 teview.
August 1,1980
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.PART 2 o RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS ings of fact and conclusions of law, and to impose a civil penalt) under section tor, Of6ce of Inspection and Enforce.
J of all right to seek Commission and 234 of the Act, the Director of Nuclear ment, as appropriate, upon considera.
I judicial resiew or to contest the validity Reactor Regulation, Director of Nuclear tion of the answer, will issue an ordes l
of the order in any forum. The order Material Safety and Safeguards, Direc.
dismissing the proceeding or imposing, I
shall have the same force and effect as an.
tor, Office of Inspection and Enforce-mitigating,or remitting the civil penalty, order made after hearing by a presiding '
ment as appropriate.shall serve a written The person charged may, within twenty officer or the Commission.
notice of violation upon the person.
(20) days of the date of the order or
~
(f) When the Executive Director foe charged. This notice may be included in other time specified in the order request Operations, during an emergency as a notice inued pursuant to i 2.201. The a hearing.
determined by the EDO, or the Director n tice of violation shall specify the date (e) If the person charged Mth viola.
Of Nuclear Reactor Regulation, Director or dates, facts, and the nature of the tion requests a hearing, the Commission
- cf Nuclear Material Safety and alleged act or omission with which the M;lissue an order designating the tlane 2 Safeguards, Director. Office of person is charged, and shall identify anfg place !
rtn
{ Inspection and Enforcement, as sPecifically the particular provision or be issued af ter the hearing by the preald.
appropriate, finds that the public health.
Provisions of the law, rule, regulation-ing omeer or the Commission h.t
- safety, orinterest so requires or that the license, permit, or cease and desist oruer the proceeding or imposing, mitigating, violation is willful, the order to show involved in the alleged violation and or remitting the civil penalty.
cause may provide, for stated reasons, shall state the amount of each penalty (g) The Director of Nuclear Reactor that the prodposed action be which the Director of Nuclear Reactor Regulation Director of Nuclear temporarily effective pending further Regulation, Director of Nuclear Material Safety and Safeguards, Direc.
ptder.
Material Safety and Safeguards, Direc.
tor, Office of Inspection and Enforce.
I 2.203 Settlement and conipromise, tor, Office of Inspection and Enforce, ment., as appropriate, may* compromise J
At any tiirse after the issuance of an' ment as appropriate proposes to impose, any civil penalty, subject to the provi.
The notice of violation shall also advise sions of { 2.203.
order designating the time and place of hearing m a proceeding to modify, sus.
the person charged that the civil penalty (h) If the civil penalty is not com.
pend.or revoke a license or for other ac-may be paid in the amount specified Promised, or is not remitted by the
, tion,the staff and a licensee or other per.
therein, or the proposed imposition of Director of Nuc! car Reactor Regulation, g son may enter into a stipulation for the the civil penalty may be protested in its j Director of Nuclear Material Safety and 9 settlement of the proceeding or the com.
' entirety or in part, by a written answer, 9 Safeguards, Director Office of Inspec.
WM w showing c: tion and Enforcement,as apprbpriate the C promise of a civil penalty. The stipula.
extenuating circumstances. The notice of ' presiding officer or the Commission,and R ion or compromise shall be subject t t
violation shall advise the person charged if Payment is not made within ten (10) epproval by the designated presiding % that upon failure to pay a civ'I penalty days following either the service of the officer or, if none has been designated,. b subsequently determined by the Com.
order described in paragraph (c)or (f) of
~
by the Chief Administrative Law Judge,t according due weight to the position of 'E mission,if any, the penalty may, unless this section.or the expiration of the time the staff.The presiding officer.or if none g compromised, remitted or mitigated, be for requesting a hearing described in has been designated, the Chief Ad.
collected by civil action pursuant to sec.
Paragraph (d) of this section, no such re.
tion 234c of the Act.
quest having been made,the Director of mir istrative Law Judge,t may order such adjudication of the issues as he may!
(b) Within twenty (20) days of the Nuclear Reactor Regulation, Director of deem to be required in the public in.
date of a notice of violation or otner time Nuclear Material Safety and Safeguardt, terest to dispose of the proceeding. If ap.
specified in the notice, the person Director Office of Inspection and En.
proved, tpe ter ns of the settlemant or harged may either pay the penalty in the forcement, as appropriate,may refer the
, compromise shall be embodied in a deci.
amount proposed or answer the notice of matter to the Attorney General for col.
sion or order settling and discontinuing violation. The answer to the notice of lection.
the proceed, g.
violation shall state any facts, explana.
(i) Except when payment is made m
tions, and arguments, denying the after compromise or mitigation by the
'l 2.204 Order f)r modification of charges of violation, or demonstrating Department of Justice or as ordered by a
_ license.
any extenuating circumstances, error in court of the United States, foyowing The Commission may modify a license the notice of violation, or other reason reference of the matter to the Attorney by issuing an amendment on notice to the why the penalty should not be, imposed General for collection, payment of civil licensee that he may demand a hearing; and may request remission or mitigation Penalties imposed under section 234 of Ewith respect to all or any part of the' of the penalty.
the Act shall be made by check, draft,or E cmendment within twenty (20) days from (c) If the person charged with viola.
money order payable to the Treasurer of E the date of the notice or such longer:
tion fails to answer within the t;me the United States, and mailed to the g period as the notice may provide. The specified in paragraph (b)of this section, Director of Nuclear Reactor Regulation, amendment will become effective on the the Director of Nuclear Reactor Regula.
Director of Nuclear Material Safety and expiration of the period during which' tion, Director of Nuclear Material Safeguards, Director, Office of Inspec.
the licensee may demand a hearing, or, Safety ar d Safeguards Director, Office tion and Enforcement, as appropriate.
in the event that he demands a hearing, of Inspection and Enforcement, as ap. 'EP*
on the date specified in an order made propriate,will issue an order imposing L t 2.2M : Requnts for action undee this following the hearing. When the Com.
the civil penalty in the amount set forth d
- subpart, mission finds that the public health,i in the notice of violation described in 2 safety, or interest so requires, the order paragraph (a) of this section.
e (a) Any person may file a request for (may be made effective immediately.
(d) If the person charged with viola. k the Director of Nuclear Reactor Regula.
l tion, Director of Nuc! car Material 2.2 H N penah.
tion files an answer to the notice of viola.
Safety and Safeguards, Director, Office Q
tion, the Director of Nuclear Reactor (a) Beforc instituting any proceeding Regulation Director of Nuclear Q
Material Safety and Safeguards, Direc.
TAmended by 3a FR 2330.
Ammed a ra tsm.
August 1,1980 2-10
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9 F
N.
PART 2 o -BULES OF PRACTICE FOR DOM.ESTIC LICENSING PRO. CEEDINGS I.
of in pection and Er:foissmsm. as ap-
' reaciers. if the Commission has not pr.friair.i. inuitute a proceeding pur-found that a hearing is in the public in.
Swant to 2 202 to modify. suspend or tesest. the Director of Nuclear Reae.r k
res..Le s lisenw.or for such other action
- 2. 00 Scope of s6bpart.
Regulation till, preor to acting ther un.
cause.u t>e puelished in the Ft R AI as m9 be pnper Such a rer,uest shall be Das ubpart describes procedures ap*
R t ctSita. pursuant to ( 2.105.
otice addrewed io the Director of Nuclear Heactor Regulaium. Director of Nuclett phcable o licenung proceedings which of proposed action with respec to each Maierul Sateiy and Safeguards. Direc*
involve t considerat' ion in' heanngs of application as soon as practs le ahei
'h' 'PP 'caisons base been d keted.
I e..r. Of fice.. Inspection and Enforce-a number s applications. filed by one or rnent. as appropriate,and shall be filed more apphc nts pursuant to Appendas N cither iI) by dein cry to the Pubbe of Part 50 of is chapter, for bcenses to t23 yearings on op ications for opnating finnses p rsuant to Ap.
% adington. D.C.. or (2) b3 mail or reactors of esse tially the same design to pendit N of Part f
Document R..m at 1717 H 5treet NW.,
construct an operate nuclear power telegram addressed to the Director of be located at di rent sites.
Nuclear Reactor Regulation.Derector of If a request for a ating and/or pets-tion for lease to in rsene es filed withia ;
3 Nuticar Maierial Satet> and Safeguards.
[ 2.401 Notice hearing es applic,,
3 Director. Otf'.cc of Inspection and En-tions pursuant to Appendia N of the time prescrib in the notice of pro -
t'
= torcement, as appropriate. U 5. Nuclear p.,, go r,,,,
,,ci;,, p,,,, gig, posed action or an apphcation for an
- Regulatory Commission. Washington, operating Iner pursuant to Appendis N of Part 50 e th
- s chaptee with respect i
" D.C. 20555 The requests shall specify (a) In the case of aphcations pur, the action requested and set forth the suant to Appendis N o Part 50 of this to a specific eactorW at a spect6c sne and the Co nassion or an at-sue safety facts that constitute the basis for the re-chapter for construciso permits for and hcen g board designsted by the nuclear power reactors of the type q uest - Within a reasonable tirne after a described in i 50.22 of the chapter. the Commis
.n or by the Chai man of the Atomic afety and 1. ice'. sing Board f-the request pur>uant to paragraph talof this Secreter 3 un'll issue notice > c. nearing Panel s issued a notice of hearing or wo..n has been recen ed, the Director pursuant to 3 2.104.
other peropriate order, the Commis-
..I N.cte.ir R eactor Regulate..n. Dirutor (b) The notice of hearing will also of N us lear Material Safety and state the time and ' place of the. eatings sion r the atomic safe.y and licensing Larguards. Direciot. OfGee of Inspec*
un any separate phase of the pro eding, R tm may order serarate hearings on tion and inforcement. as appropriate.
R pa icular phases of the proceeding sh.ill cather eratitute the requested pro-t 2.402 Separate hearings on se rate c: a J.or consolidate for hearing two or i:
f inre proceedings in the manner mdmg in anordance with this subpart iuucs ennsolidation of pr
- described in t 2A02.
shall adsiw the psrson who rnade the ing s,
..e proceeding
- r. q uest in w ritir:g that no mit be untituted in whole or in part.
(al In the case of appbcations pu t 2.405 initial decisions in eensoll.
unn e csput to his r quest. and the suant to Appendis N of Part 50 of th, dated hearings.
'C.8" *5 8he'Cl"'-
chapter for construction permits for At t'he concluuon of any hearing held nuclear pow e r reactors of a typ pursuant to this sunpart, the presiding
[se(ction will be filed with the Office of c)(1) Director's decisions under this
. descrebed en 150 22 of this chapter, e
M 'ccr *ill render a panial initial deci.
ff E CommiS5'"a or the P'e5' ding officer ay
" rder separate hearings on pani tar
' 5'on which may be appealed pursuant to the Secretary. Within twenty.five [25)
[ " phases of the proceeding. such as 2.762. No conuruction permit or full tiers days after the date of the Director's decision under this section that no g related to ite acceptability of the esign ower operating license mitt be issued til an initial decision has Decn issued of the reactor. in the contest of he site
_ proceeding will be instituted or other o all phases of the hearing and allissues parameters postulated for the d ign:en.
g action taken in whole or in part, the un r the Act ar.d the National Envir.in-seronmental matters;or antur t aspects al Policy Act of 1969 appropriate to b.
, Commission msy on its own motion of the application.
me
{ review that decision. In whole or in part.
(b) If a separate bearin is held on a the oceed;ng have been resolved.
to deterrnine if the Director has abused 7
particular phase of the p.ceeding. the his discretion.This review power does commisson or presidans cfr ers of each af.
{ 2.40 Finality of decisions on separ-not limit in any way either the (ceted proctedin;* may, p uant to [ 2.716, att ssues.
Commission's supervisory power over consolidate for hearing,n that phase two Not wit tanding any other p'rovision delegated staff ections or the or more proceedings o consider com.
' Commission's pcwer to consult with the mon issues relating the applications of this ch pter, in a proceeding con-staff on a formal or informal basis involved in the pr cedings, if it finds ducted pur ant to this subpart and Ap.
' regarding institution of prockedings-that such action wi be conducive to the pendix N o Part 50 of this chapter, no maner which as been reserved for con.
l under this section.
proper dispatch o its business and to the sideration in ne phase of the hearing ends of justice. I fixing the place of any g
shall be consi red at another phase of g
such consolid d hearing due regard g
t2 No petition or other request for will be given to the convenience and thc hearing esc t on the basis ef signifi.
cant acw infor tion that subsiantially Commission review of a Director's dec1*
necesuty of e parties, pet tioners for c
affects the conel ion (s) reached at the y sion 1:nder this section will be entertained leave to in rvene or the attorneys or g
representa es of such persons, and the other phase or ot r good cause.
U public in rest.
L
{ 1.407 A pplicab ty of other sec.
8 Io"S*
Subpart C [Dekied 40 FR E774.]
{ 2.40 Notice of proposed action os P cations for operating licenses li fSutepara D-Ad litional Precedures Ap.
"'5"'"8 80 Appendix N of Part 50.
The provisions of 5, parts A and G plicable so Proceedings for t.he is.
relating to constructi permits and
~
- w suaner of L tenses To Constreet oc Operate N ielear Power Plants of n the case of applications pursuant to Operating licenses apply, spec *ively, to g.
ppendia N of Part 50 of this chapter for construction permits a d operating Duplicate l >csign at Multiple Slees
- operating licenses for nuclear power licenses subject to this subp rt.cacept as I
I
- Amended 43 l'R I??98.
,1 2 41 November 14,1980
)
L s
,U 9
e e
PART 2 o STATEMENTS OF CONSIDEMATION tion 189 a. of the Act. le.. the involve. Part 50 pertatning to plans for coping cation fer amendment of the license to
(
ment of "a significant hazards cons: der.
sith emergencies in the operstion of a manufacture. An opportun!t? for hear-atton" rather than *- fnincant hszards facility which tnvolve f aciuty design fes.
ing wiu be provided in connection with considerations not previously evaluated."
tures are appDesble to manufacturtng the appucation for license amendment.
In addition, i 2.106 of part 2 has been beenses and a conforming amendment Applications to amend a manufacturing amended to prodde for pubhcation of has been made to paragraph 2. of Ap.
license to authorira manufacture of ada notice of issuance of an amendment of a.
pendix M.
ditional unita could, of course, be facility construction permit or crerat:ng
- 2. Paragraph 5. of Appendix M of Part submitted..,
license, in the case of a facility cf the
- 50. which specifee the findioss which In the construction permit proceeding, type described in 150.21(b) or 150.22 of must be made by the Commtuion for the the focus wiu be on the spec!Se site part 50 or a < ting facihty, whether or issuance of a manufacturing licenaec has chosen by the utiuty appucant, including not a notice ba proposed action on the been modiSed to require a nnding. among whether that site fans within tEs pos-amendment had been published.
others, that there is reasonable assur-tulated site psrsmeters spec 1 Sed at the The Commission has found that since ance that any unnaolved safety ques.
manufacturt-g Ucense stase. In cases to the extent these amendments relate Mons v1H be resolved before any of the where a manufacturing licenae is sought, to matters other than procedural mat.
nuclear power reactors to br manufac-no constmetion permit 3111 be tasued to ters, they are of a minor, clarifying na.
tured pursuant to the license are re-the utiuty untu after the manuf acturing ture. good cause exists for omitting moved from the mannfacturing site.
license has been issued to the manufac=
notice of proposed rulemaking and pubhc
- 3. The fees for manuf acturing licenses turer.The environmentaJ report required procedures thereon as unnecessary, and and construction permits for power re-of the utiitty appucant wiu not be es-for making the amendments efective actors for shich s manufacturing license pected to C4pucate matters covered in without the customary 30-day notice.
has been issued have been revised to be the environmenta2 report submitted in Pursuant to the Atomic Energy Act of casistent utth h mised schedule d connecuon with 2e appheaugn fe a 1954, as amended, and sections 552 and license fees pubushed by the Commis-muufacturing license.
553 of title 5 of the United S*.ates Code sion on July 11,1973 (38 FR 18443).
One of the major purposes of the the foUowing amendiants to Title 10*
Ohr changu nSecung add!uons b amendmenta is the WmMm d un-Chapter I. Code of Feders1 Regulations Part 50 since pubucation of the pro-necessary duplication in the review proc.
parts 2 and 50 are pubushed as a docu-p med amendments and certain claruy.
eaa. Accordingly, h amenhnta pm-ment subject to codification, to be ef-ing changes have also been made.
vide that matters resolved at any stage fective on April 18, 1973*
ne amendments wh!ch foUow con-of the licensing process will, in general.
template the manuf acture of several nu-not have to be neonsidered at subsequent clear power reactors of standard design stages of that. process na Commhion at an industrial location. De reactors may, however, reopen matters pnviously
_ thus manufactured wtB eventually be ruolved in the licensing process on the located and operated at utiuty sites.
bash d sisdSent new idumatbn that 38 FR 30251 Some of these sites may be ocean sites, Pubbshed 11/2/73 created by the construction of breal-su
- "Ha"? afecta the conclusion (s) i Effective 12/3/73 waters at which previously manufac.
reached at the earlier stage or other good tured barge-mounted reactors could be cause.
r STAraDARD1ZATION Of DESIGN: UCENSES installed and operated. The manufac*
Pursuant to the (tomic Energy Act of
(.-
REACTORS TO MANUFACTURE NUOLEAR POWER ture of these reactors requires the issu*
1954. as amended, and sections 583 and ance of a Commwion ucense to the MisceBaneous Amendments manufacturer, n!ter review of the app!!-
553 of Title 6 of the United States Code, On April 25,1973, the Atcmic h cation by the CommM^"_'s reguistory the foDowing amendmenta of.10 CFR CommM1on published in the Prasaar. stag and the Advisory Committee on Parta 2, 50, and 170 are published as a Escurra (38 FR 10158) proposed a:nend. Reactor Safeguards and the holding of a document subject to codiScation.
ments to its regulations in 10 CFR Part pubuc hurmg. A castmcum permit 2,
- Rules of Practice;" Part 50, "IJcens-fro *n 14 DammMn is nquimd d be utility prior to the commencement of mg of Produccon and Uti?mn PaciU-necessary construcuon at me uunty sik ties;" and Part 170, " Fees for Faciuties and Materials f hemma Under the Atomic to accommodate the reactor and prior to 39 FR 12353 D
'I Energy Act of 1954, As Amended." The
[$f 5
t that s1 Co m pmp ud ameta wucid change me 11 cense is, of courne, also nqt. ired for the rwmen's eMsg regulauens to ac-e-mm de'an approach to sum *ardiza.
m n d h nan, hoe To W ome %iwA by e
Under the amendments set forth below.
Order on a LJeannee, or To Modtfy. Sun-tion of reactor design that would provide which relate to matters of radiological pend or Revahe a Uconee for 11cem+nr the manufacture at an in-bes12 and safety, envintmental protec.
dustrial location of severn! nuclear power tion and the common defense and secu De Atomic Energy Commission has reactors of standard design to be op-rity, an applicant for a license to manu-adopted amendments to its Rules of ersted at siW not identined M W ap-facture nuchar power reactors pursuant Praedce in 10 WR Part 2, hat make pi en for the license to manuf acture.
spec 1Sc provision fu meben d me to a new Appendix M of Part 50 is re-ne m3ss would com such appucauons quired to include in his applicauon, in WW to nwest W Mr M Regu.
as appucauons fw h manufacta d add' tion to design informauon, the pos-lation to institute a proceeding to mod-barge-mounted ramctors that an subse-tulated site parameters
- ify, smped cr rmke a Ucme, w W quently instAfled and operated at ocean such other action as may be proper,Un-sites.
Such an applicant is also required to der existAng rules such requests are not Interested persons wen bMted to sub-submit an environmental report discuss
- precluded, though there is no spec 1Se mit written commets and suggenuous ing the environmental efects of the provision therefor.- The purpose of the for consideration in connection with the manufactm d W reactas and. in gen" amedments is to provide a procedure proposed amendments by June 11, 1973. eral tems, the environmental efects of
~
for the submittal of such rquests to the Af ter consideration of the camments re-their installation and operation at Director of Re,ments add new I 2.208 that gulatlan.
ceived and o@er factors involved, the an hypothesized alte pr snes haMng g,.m,n, Commkian has adopted the proposed chancteristics that fall within h pos*
provides fer the Bling of a request ad-amen?ments with certain modiScations, tulated site pamneten.
dresud
- .o the Director of Reeulatica in the form set forth below, A manuf acturing license,1f issued. will to modify, suspend or revoke a Ucense, Signifbant diferenram from the authorize manufa ture of a spec 1 Sed or take such action as may be proper, amendments published for comwnt an: unber d reacton.Once the Snal stand-Upon the Sung of such a rmest, the 1 Paragradh 4 of Appendtz M of Part ardized design is developed by the holder Director of Regulation may instaute the So 'has been mo'd1 Sed to provide that d a Ucense to manufacture, me Mer ncuested proceeding, w advise me per-must request approval of the Snal stand-son who Sled the request that no pro-
'cMain requimmenta d Appendix E d ardized design by submitting an appll-ceedir r1H be instituted and the Masons 2-SC 25 August L 1980
^
D N
j '.
PART 2 e STATEMENTS OF CONSIDERATION th wefor.
Parts 2,20,50, and 73 are pubHshed as a I"lo'ma0" 8'*'8d by A "orary C'aer*h I
l Unless otherwise directed by the Com-document subject to codification.
- '"'" *F'#d"# L" A M "*"'
1 intulon, any reque=1 for modiacation.
suspension or revocation of a license. or See Part 50 Statements of Consideration.
for other like action, win be referred to the Director of Regulation and proc-essed pursuant to new 12.206.
Pursuant to the Atomic Energy Act 39 FR 24219 of 1954, as amended, and sections 552 Published 7/1/74 39 FR 33202 nnd 553 of ' He 5 of the United States EHec+ive 7/Ind Published 9/16/74 Code, the.., dowing amendments to 'ntle Delegation of Certain Authority to the o'ns Part 2 are p tav CMn sk EndwnmentaWwreenon: Licensing end 1 ed ad ment subject to codification.
'Ihe Atomic Energy C-m'"Ws Retulatory Policy and Procedures Correc.
statement of Organization and General Information (10 CFR 1.13), describes in general terms the duties and authority of See Part $1 Statements of Consir:eration.
the Secretary of the Cnmmtalon. De 39 FR 14506 Secretary's responsibilities include as.
Published 4/24/74 sisting the Commission in the schedul-Effective 4/24/74 ing and conduct of its business. Pursuant to this authority, the Secretary occasion-39 FR 35332 Pre-Conrrruction Permir A ctivities ally acts for the NmmMon on proce.
Published 10/1/74 dural matters arising in connection with ENwe 10/W4 See Par: 50 Statements of Consideration.
the CnmmMon's role in adjudicatory hikneous Arnendments and rulemmMng proceedings.
Because clari$ cation of the Secretary's Notice is hereby given of amenetments authority with respect to procedural to 10 CPR Part 2 of the Atomic Energy matters is desirable, the Commicslon has CnmmMon's regulations.
39 FR 17972 amended its Rules of Practice to specify The amendments pertain to the ad-Pubished 5/22/74 in greater detail the Secretary's author-drednt of commtmications, docanents, Effec'ive 5/22/74 ity to act on procedural aspect 1 of vari-and plenAinrs in adjudications suWest to ous matters arising in' connection with Part 2. 'Ibe amendments resect changes Miscellaneous Arnendtnents to Chapter adjudicatory and rulemaking proceed-which have escurTed to the eryhh ings after consulting w".h the General of the Omee of the Secretary of the Cons.
1-otice is hereby given of the amend-Cocusel or, where appropriate, with the mt=1an and provide for the addressing of ment of the Atomic Energy CnmmMnn's Soucator. The Secretary's authority in-mmmimicaticos.
regulations in 10 CFR Parts 2, 20, 50.
cludes, but is not limited to. estabHsh-Because these amendments aclate and 73.
ment of schedules for Sling of briefs, solely to agency organtsation, notice of (7
The amendments of Part 2 amend motions, responses or other pleadings, proposed rule mnHna and public proce-l2.104(e) to provide that the Secretary where such schedules difer from those dure thereon are not required by sect'.on cf the CommWon, rather than the Di-prtsented elsewhere in the rnles of prac-553 of Title 5 of the United States Code.
rector of Regulation, win tranemit copies tice; r innt on motions for extension of Accordingly, pursuant to the Atomic of the notice ci hearing to State and time; and issuance of orders concerning Energy Act of 1954. as amended, and local occials in accordance with the pro-oral arguments in any proceeding where sections 552 and 553 of 'nue 5 of the visions of I 2.104;e). Section 2.700 is the C-mMon has determined that an United States Code, the fonowing amend-amended to clarify that the scope of Sub-oral argument will be held.
ments of Part 2 of the Cnmmt= ton's ret-part 0-Rules of General Applicabihty*
Since the amendments which fonow ulations are published as a document sub-includes rules governing procedure in concern rules of agency proMure and ject to codiacation, adjudications initoted by issuance of a practice, the Commission has found that notice pursuant to i 4102(d)(3) regard
- general notice of proposed rulemaking ing the antitrust aspects of the applica*
and pubhc procedure thereon are unnec-tion. A minor editorial emre also is essary, and that good cause exists to made in i 2.714.
make the amendments erective July 1*
30 FR 43195 Appendix D of Part 20 and Appendix 1974-Published 12/11/74 A of Part 73 are amended to Ust the new Pursuant to the Atom!c Energy Act of Effective 1/10/75-dayt.ime telephone number for the Region 1954, as amende2., and sections 552 and V omee. Directorate of Regulatory Opera-553 of Tftle 5 of the Un!ted States Code.
PANT 2--RULE'OF PftACTICE '
tions.
the fonoring amendments to Title 10 Section 50.30(c) (2) of Part 50 is Chapter 1. Code of Pederal Regulations, Denial of Applicstion Procedure amended to clarify that any amendments Part 2, are published as a document sub-Under the CommMon's regulations in to the appucation served on the hearing ject to codiacation.
10 CFR 2.108 the Director of Regulation board after the proceeding has been may deny an appucation if the appucant noticed murt be filed also in the regular fails to respond to a request by the regu-manner for filing such amendments with latory stan for additional information.
the Director of Regulation.
Notice of such a denialis required to te Inasmuch as the amendments set forth 39 FR 26279 pubushed in the PEDERAr. Rsctsrsa when below are of a minor nature or are proce*
Published 7/18/74 a notice of receipt of the application has a
dural and clarifying changes, notice of Ef fective 8/19/74 previously been published. De notice proposed rule maHnr and pubHe proce-must provide that within thirty days, the dure thereon are not required by section Environmental Proreciion; Licensing and appUcant may demand a hearing and any 533 of title 5 cf the United States Code.
Rerulatory Policy and Procedures person whose interest may be alrected and the CommMon has found good cause may file a petition for leave to inter-for mmHnr the amendments effective See Part 51 Statements of Considermon.
vene. Where the notice of hearing has May 22,1974.
not yet been published, the procedure set Pursuant to the Atomic Energy Act of forth in the present i 2.108 appears satis-1954, as amended, and sections 552 and factory. However, in instances where a 553 of title 5 of the Unit-d States Code, notice of hearing has already been pub-
[.
the fonowing amendments to Title 10, 39 FR 34394 lished, there does not appear to be any
(
need ior a separate notice in the Progr Chapter I Code of Pederal Regulations, Published 9/25/74 Recistra as provided by!! 2.108(b).jr, Effective 10/25/74 A
August 1,1980 2-SC 26 n
l
?
.e
~
PART 2 e STATEMENTS OF CONSIDERATION I 2.788(h) dealing with a stay of a stay. 42 FR 36239 York. Inc. (Indian Polpt, Units 1,2 and the Commission believes it more desira-Published 7/14/77 3 8," 2 NRC 173 (1975). " Consumers ble that the Apocal Board review in the Effective 8/15n7 Power Company (Midland Plant, Units first instance the request of a stay of I and 21," 6 AEC 1082 (1973), Requests its decisions or actions on substant!ve PART 2-RULES OF PRACTICE for Commission review of the Director's issues.
Petitions for Review of Director's Denial of dental of enforcement action regarding (6) Former i 2.788(h) has been re. '
Enforcement Requests the Bailly plant are presently before the numbered as 12.188(g), and has been A
Nuclear Regulatey mmmb Commission, redrafted as suggested by a commentor The Commission has decided that fur-to provide greater clarity and precision ther petitions seeking Commission re-as to the extraordinary request for a ACTION: Pmal rule.
view of Director's denials under 10 CFR temporary stay to preserve the status
SUMMARY
- This amendment to the 2.206 wiu not be entertained. He Com-quo. Also, a provision has been added to the efect that a party applying orally Commission's rules of practice provides mission wul conunue to receive copies must make au reasonable efort to in-procedures under which the Commission of Director's decisions under 10 CFR form other parties oraHy of the applica*
may, on its own motion, review a Direc-2.206 and retains the power to review tor's decision de as a request to in-Director's denials sua sponte. in whole tion for a stay to preserve the status quo prior to the niing of answers, I stitute enforcement proceedings in order' or part. h amndment to 10 Cm (7) A request was made to deSne to determine whether the Dtrector has 2.206 set forth below is intended to codify
" decision or actibn" as used in both abused his discretion. The amendment this Commission decision. Under the also makes clear that the Cnmmi" ton amendant, any sua sponte review by 112.786 and 2.788.'Ibe Cnmmittien does j wiu not entertain petitions for Commis, the Commission would be conducted not beneve it is necessary to do so at this time. If experience shows that the sion review of a Director's denial of en-within 20 days of the Director's denin phrase leads to unnecessary applications forcement requests. Prior to this amend, unless the time is extended by the Com-for review or a stav, the Committion can ment, the Gmmission,s mles contained mission. This sua sponte review power amend the rule to further limit its scope, no provisions respecting review of such does not limit in any way either the Cnmmiuton's supervisory power over Pursuant to the Atomii: Energy Act dedah although the Commfuton has on delegated StaE authority under 10 CFR of 1954, as amended, the Energy Re-several occasions ' conducted such re-2.206, or the Commission's power to con-orgenbation Act of 1974, as amended.
views. The amendment sets out proce-sult with the Staf on a formal or in-and sections 552 and 553 of title 5 of the United States Code, the fonowing dures which win give the Commieton an formal basis regarding initiation of pro-amendmen*,a to 10 CFR Part 2 are pub-opportunity to determine whether or not ceedings under 10 CFR 2.206.
lished as a document subject to codifica. to institute a review of a Director's de-Because this amendment relates solely to matters of agency procedure, notice tion, to be efective on June 1,1977, cision on its own motion.
of proposed rulemaking and pubHe pro.
EFFECTn*E DATE: August 15, 1977.
cedure thereon are not required by sec-l FVR FURTHER INFORMATION' CON.
TO Accordingly, pursuant to the Atom!c 42 FR 22882 Martin G. Malsch, OSce of the Execu-Energy Act of 1954, as amended the 7
Pubushed 5/5/77 t!*e Iegal Director, U.S. Nuclear Reg.
Energy Reorganization Act of 1974, as
=
Effective 6/6m ulatory Commi" ion. Washington, D.C.
amended, and sections 552 and 553 of l
20555, phone 301-492-7203.
Title. 5 of the United States Cbde, the Early Site Reviews and Limited Work SUPPLEMENTARY INFORMATION:
amendmnt to M 10. Chap.
i Authorizatiotis Under 10 CFR 2.206 of the Cnmmiuton's ter I,-Code of Federal Regulations, Part rules of practice, any person may request 2, is published as a document subject to See Part 50 Statements of Consideration.
that the Directors of the Omces of Nu.
codiacation.
N clear Reactor Regulation, Nuclear Ma-N terial Safety and Safeguards, or Inspec-tion and Enforcement institute a pro-ceeding'to modify, suspend or revoke a 42 FR 56950 42 FR 28891 heense or take other enforcement action.
Published 10/31/77 Pubbshed 6/6M When such requests are received, the s
Effective 10/31/77 Effective 7/6#7; { j 21.6,21.21(a), and 21.51 afected licensee or permittee is noti $ed, effective 1/6n -
/
and a notice of receipt of the request is (7/6/77 effective date extended to 8/10n7j published in the PrzraAL Rsczsvra. ' Ibis PART 2-RULES OF PRACTICE process is ioDowed except for those occa-Petitions for Rulemaking *
"I "
Reports to the Commission Conceming Defects
,, th t a mee p ed AGENCY:
U.S.
Nuclear Regu!'atory and Noncompliance may appropriately be foHowed; Commission.
If the request is granted and the 11 ACTION: Final rule, See Part 21 Statements of Consideration.
censee or permittee protests, the result-ing contested proceeding win be heard
SUMMARY
- The Nuclear Regulatory by an Atomic Safety and Licensing Board Commission is amending its " Rules of or Ar'mt*trative Law Judge and wiU Practice" to state that the Director, Di.
vision of Rules and Records OSce of 42 FR 34886 Administration, or his designee, will an cens Bo rd and om-Pubbshed 7/7/77 mission review. If, on the other hand, the prepare on a quarterly basis a summary Effective date ertended to 8/10/77 request is denied, the requester is always of petitions for miemaking pending be-provided by the OSce Director with a fore the Commission, including he Reports to the Ccmmission Concerning Defects written detaDed statement explaining status thereof, and a copy of the report and Noncompliance; Extension of Effective the reasons for denial. The Commission's will be available for public inspection rules make no provision for review of and copying in the Commission's Public Date Director's decisions. However, in three Document Room,1717 H Street NW.,
See Part 21 Statements of Consideration.
instances the Commission has in fact re.
Washington, D.C. The amendment pro-viewed denials of t n'orcement requests. Vides a procedure for informing the
" Licensees Authorized to Possess or pubuc of the status of petitions for Transport Strategic Quantitles of Spe.
rulemaking pending before the Commis-cial Nuclear Materials," 5 NRC 16 (197U.
sion. This information has not been
~ *,. g
" Consolidated Edison Company of New available to the puhuc in summary form.
August 1,1980 2.SC.34
N1TICES 3359 a'
IDocket No'. AO-471]
. action, see (1) the application for* cecding. Only in instances wh:re th)
For further detaHs.fith respect to this ' not itself %utomaticaHT initirte any pro-
+
d*
BOSTON EDISCN GOMPANY, ET AL-
'(PILGRtM NUCLEA t GENERATING STA-amendment dated Jtnuary 9,1976, (2) Commission sta: authorized to 'act upon I
TION, UNIT NO. 2) l A!nendment No.17 t{ License No. DPR-t 2.206 requests decides, after careful I
26, and (3) the Cenmission's related evaluation of the facts, to proceed upon it.
Order and Evid :ntiary Hean.ng Sa.fety Evaluation. A:; of these ite..is are a request, is a notice of violation or an b-11 is ordered, nas hearing herein wtH available for public inspection.at the order to show cause issued pursuant to A
be resumed on January 26,1976, at 1 Commission's Pubuc ! Document Roo:n, other rules in Subpart B of Part 2 (10 0*
p.m. in the Blue Rcom, Memorial Hall, 1717 H Street, NW
' Washington, D.C.
CFR 2.201, 2.202) which provide proce-83 Court Street, P mouth, Massachu-and at the Hendrict Hudson Free L1-dural safeguards and remedies adequate id setts, and that the aring win continue'. brary, 31 Albany Po;t Road, Montrose, to protect the interests of licensees.
during the followin week beginning on New Ycrk 10548.
In respondir.g to a request made pur-i 7
February 2.1976, 11 a.m. in Court-A copy of items (2) and (3) may be ob-suant to 10 CFR 2.206, the sta! is guided room 9A, Middlesex $uperior Courthouse, tained upon request addressed to the U.S.
by both general and specinc standar.ts 4
40 Thomdike Str,' East Ca= bridge, Nuclear Regulatory
?cmmission, Wash - provided in the Atomic Energy Act, in Massachusetts, ington, D.C. 20555, dttention: Director, the Commfuion's regulations and in Jt is fitrther ord
- d. That *dWF con. Division of Reactor Licensing.
statements of Commission policy, nus, 87 diser on un er 0 0 w e on be g
ary 6,
76, t
f January 1976.
be guided both by the overriding stand-t!
wiU be heard be ning February 17, U
1976, at a place to be designated.
For the Nuclear : 'egulatory Commis-ard of adequate protecticn of public Jt is further orderrd. That MWF con. sion.
l.
health and safety, which governs every tentions 2(a)(b), (a ) and 3(c) are dis-e u
,and W l
Y to8ER W Rrm-missed at the reques f MWP.
speciac regulations or criteria, which wiu l
- Chief, Op rcting,, Recciors vary with the particular issues raised in l
Dated at Bethesds, Md., this 15th day Branch Nc d, Diriston of Re-a given request under 10 CFR 2.206. 'Ihe Lt if January 1976.
ccior I.ier sing-it staff's exercise of this discretion may be Arome S rrry awn Lierns.
[rR Doc.76-1978 Ced 1-21-76;8:45 em]
reviewed by the Comminion, which wig,
i-Dic Bom, s - consider, inter chc, whether the stas Fartra2c J Corrat,,
correctly understood governing law, reg.
l b
Chcirman.
ID chet No PRM-2-21 ulations and policy in reaching its judg--
I h
tra Doc.76-1974 rad 1-21-Te;s:45 am].i LEBOEUF, LAMB,.LElBY & MACRAE
{nt.
o on t n
o.
New I
Denial of Petition for Rulemaking NRCI 75/8-173.
L
[ Docket b ).50-2471 '
On April 22, 1974, the law firm of Le.
A demonstration of interest is required E
SON COMPANY OF '_Boeuf Lamb, Leiby & MacRae, of Wash. under 10 CFR 2.714 as a prerequisite to s
CONSOLIDATED ED ington, D.C., filed a petition with the intervention in any subsequent proceed-MK W C.
Atomic Energy Co= mission to amend 10 ing that may be held based on the Com-e, issuance of Amerkiment to Facihty CFR 2.206, which a110ws any person to mission staff evaluation of the facts.
Operatin ; Ucense ILIe a request for an order to modify, sus. Howeser, the Commission does not be-5*
Nuclear Regulaterf Ccn Won (the other action as may be proper. The pe.ti-be required merely to bring alleged facts Nctice is hereby ' hven that the U.S.
pend or revoke a license or to take such lieve that a showing of interest should G
Comission) has isled Amendment No. tion asked that persons requesting Com. to the Commi"1on's attention and initi-I 17 to Facility Op ating License No. mission action under 10 CFR 2.206 be ate a staff evaluation of them. Further.
E DPR-26 issued to onsolidated Edison required to comply with certain formal more, except in the case of clearly friv-E Company of, New ork, Inc. wb.ch re-filing requirements in 10 CFR 2.708, and olous requeets that can be quickly denied, vised Technical S
+ cations for opera. also support the request with factual af-it has been and will continue to be the tion of Indian Poin. Nuclear Generati,ng fidavits showing personal or property in-Unit No. 2, located Ln Buchanan, West-jury. In addition, the petitioner sug-Comm!"!on's practice to notifT the af-I York. The a=end. gested that personal notice of each re-fected licensee promptly of requests un-chester County, Neti ment becomes efec:ive as of its date of quest for Commission action under 10 der i 2.206 as well as the d!sposition issuance.
[
CFR 2.206 Le given each afected 11 thereof. Having been so notiSed, the af-I This amend =ent Jreviset the schedule censee, and that each such licensee be fected licensee is free to provide to the for measurements with the movab'e in. aHowed to respond to the request. The Commte. ion any information beadng on core instrumentatic 1 system for Indian petition would have thus formalized the Point Nuclear Gene ~ating Unit No. 2.
procedure to be fonowet* under 10 CFR the matter behed Mhd The application or the amendment 2.206 by the imposition of requirements In view of the foregoing, the Com*.
i ccmplies with the st; ndards and require. that are used in acudicatory proceed, sion has denied the petition.for rule-ments of the Atcmic Energy Act of 1554, ings. FinaHy, the petitlen noted the ab. making on the grounds that no purpose as amended (the Ac 3, and the Co= mis. sence of standards to guide the sta!! in would be served by additional formaliza.
sion's rules and regulations. The Com-acting upon a request under 10 CFR miWon has made n;propriate nndings as 2.206.
tion of procedures for persons to request required by the Act rnd the Commission's The Nuclear Regulatory Commission an order to modify' suspend or revoke rules and regulatio] 3 in 10 CFR Ch. I, considers that such formalization of pro-a license or to take such other action as which are set forth 11 the license amend-cedures for requests made under 10 CFR may be appropriate.
ment. Prior public rotice of this amend-2.206 is not warranted. Such formaliza.
A copy of the petition for rulemaking ment is not required since the amend. tion would defeat the purpose for which is available for public inspection in the mint does not irvolve a s!gniacant 10 CFR 2.206 was promulgated-to pro-Commission's Public Document Room, hazards considerati n.
vide a simple procedure for a person to The Commission. Las determined that request enforcement action or license 1717 H Street NW' Washington' D'C*
th2 issuance of this unendment win not modincation based on facts brought to Dated at Washington, D.C. this 19th result in any si.*nifpant environmental the Commission's attention, a practical day of January 1976.
impact and that pjrsuant to 10 CFR recourse that existed but was not previ.
For the Nuclear Regulatory Commis.
51.5(d) (4) an emiropmental statement, ously refected in AEC regulations before sion.
n;gative declarat!cn or environmental the adoption of f 2.206 on April 5,1974.
impact appraisal ne<d not be prepared It should be emphasized that the mere SurvrL J. Cmuc.
in connection with { issuance of this filing of a request for enforcement action Secref ary of the Commission, j
amendment.
or IIcense mod 1Scation under { 2.206 does
[FR Doc.76-1976 yued 1-21-76;8:45 am)
L.-
FEDERAL REGISTER, VOL 41--NO.15-THURSDAY, JANUARY 22,1976
/