ML20029C489
| ML20029C489 | |
| Person / Time | |
|---|---|
| Issue date: | 08/19/1991 |
| From: | Jakel E NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Nilsen C NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML19352C222 | List: |
| References | |
| FRN-56FR46739, RULE-PR-110, RULE-PR-140, RULE-PR-150, RULE-PR-170, RULE-PR-2, RULE-PR-40, RULE-PR-50, RULE-PR-51, RULE-PR-70, RULE-PR-75 AD90-1-005, AD90-1-5, NUDOCS 9110030088 | |
| Download: ML20029C489 (2) | |
Text
b~
'T)DR
>> " rag'o Cfo-)
bo5
![ 3 UNITED STATES
+
,g g
NUCLEAR REGULATORY COMMISSION aE WASHING TON, D. C. 70555 k '... +,08 August 19, 1991 MEMORANDUM FOR:
Charles W. Nilsen Radiation Protection & Health Effects Branch Office of Nuclear Regulatory Research FROM:
Eric E. Jakel Senior Attorney Division of Rulemaking and Fuel Cycle Office of the General Counsel
SUBJECT:
EDITORIAL CHANGES TO SECY-91-219:
" PROPOSED RULEMAKING - CONFORMING AMENDMENTS TO TITLE 10 OF THE CODE OF FEDERAL REGULATIONS FOR URANIUM ENRICHMENT REGULATION" In response to the comments of Commissioner Curtiss indicated on an attachment to his Notation Vctc Response Sheet approving SECY 219, the following changes to Enclosure A, " Federal Register Notice of Proposed Rulemaking," to SECY-91-219 should be made:
1.
Beginning on page 33 of Enclosure A, items 37 through 44 should be renumbered as items 40 through 47, respectively.
2.
A new item 37 should be added to read as follows:
"37.
Section 140.1 is revised to read as follows:
S 140.1 Purpose.
The regulations in this part are issued to provide appropriate procedures and requirements for determining:
(a) the financial protection required of licensees and for the indemnification and limitation of liability of certain licensees and other persons pursuant to sec-tion 170 of the Atomic Energy Act of 1954 (88 Stat. 919),
as amended; and (b) the financial protection required of uranium enrichment facility licensees pursuant to section 193 of the Atomic Energy Act of 1954 (88 Stat. 919), as amended."
- 3. A new item 38 should be added to read as follows:
kLloo3 oD8b M y
-2 "38.
Section 140.2 is revised to read as follows:
S 140.2 Scope.
(a) The regulations in this part apply 1
(4) To each person licensed pursuant to Parts 40 and 70 of this chapter to construct and operate a uranium enrichment facility."
- 4. A new item 39 should be added to read as follows:
"39.
Section 140.3 is amended by adding a new paragraph (m) to read as follows:
S 140.3 Definitions.
As used in this part, (m) ' Uranium enrichment facility' means:
(1)
Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or (2) Any equipment or device, or important com-ponent part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235."
M O~.....-
Eric E.
Jakel Senior Attorney Division of Rulemaking & Fuel Cycle Office of the General Counsel
- ~.
Sn ato
[
vy'o -
UNITED STATES gD O - l oo6
g 8
NUCLEAR REGULATORY COMMISSION o
.,E ADVISORY COMMITTEE ON REACTOR SAFEGUARDS O,
,c WASHINGTON, D. C. 20555 4,,,+
July 23, 1991 MEMORANDUM FOR:
Bill M. Morris, Director Division of Regulatory Applications Officej Nuclear Regulatory Research j
l FROM:
R.
F.
Fraley Executive Director, ACRS
SUBJECT:
PROPOSED RULEMAKING CONFORMING AMENDMENTS TO TITLE 10 OF THE CODE OF FEDERAL REGULATIONS FOR URANIUM ENRICHMENT REGULATION i
Reference:
Memorandum dated June 26, 1991 for E. L. Jordan, Chairman, CRGR, and R. F. Fraley, ACRS, from Bill Morris, RES, Subject, as above i
During the 375th meeting of the Advisory Committee on Reactor Safeguards, the Committee decided not to review or hear a briefing on the proposed Rulemaking Conforming Amendments to Title 10 of the Code of Federal Regulations for Uranium Enrichment Regulation.
cc:
J.
Blaha, EDO S. Chilk, SECY
~C.
W.
Nilsen, RES A.
\\g.
T.L O $ 1 3 0 0 0
.J
f..,s 3,
5:
,I 1
du1 RU For:
u_1_991 LEM no-Ro-I 4
1_2,2 (NotatioAKIN o
a G IS Fr Subjie t:
The Commis in Vote) SUE om:
u s
c Ja oners m
e M. Taylor s
PROP Purpo THE OSED
, Exe s:
CODE RULEMAKING u
c tiv SE u
CY-9 Ba kor REGULATION e
OF eDir l-219 F
On Novtain Com is REGULATIONSORMINGe tor for Ope EDERAL CONF c
c u d:
To o n ob r tio m
FORAMENDMENTS a
ns sio appr URANIUM TO Waste e ber 15,199 m
n TITLE 1990, ", Pub l ENRICHMENT ov l ad n Geother 10 a
of the Atomic E0, the Pr the 0F ic Law 101-57 ml ur pr a
a iu s
opo Pow n
er Pr due ide t sd the Act m
nergy Act (th, wh e
e n
nrichme t ame dm 5
sign d o
n of m de by Publifacili ties.t) h, ction Inc ur ents.
a e
ic n
a ium e tivthe " Solar pur n
e Ac amo su lic e
at Sectio e isto 10nrichm n
n ng other thin with c Law 101-57 ens e
spe t s Act, Wind, ent The re CFR plants 5
s u d u der 10 c
of Parts 40 principal e
envir n 193 to gs, a n
will pr onm r
m added e t ichmoper tio,ntal e dme tegulating ovide e ded e
n 7,be am ad a
to CFR n
single ls that n
0 a
n n
r et and eview, the Act Part n:
n
- 50. r ther thathe lice a
to fa ilityliabil n
ity insadjudicatory hby Publ ic The ic LaFurther, n e
c nse iss nsing pr a tw part a iumoisio ur v
ud o
e n
uranc a
earingsw 101-575 ns new r
egulations. chme t Public Law e for lic,si enri of 10 in r
CFR n
spectioequir en which Parts 2, c fa ili A
es c
ng a o for ing inm, 50, gly, ties 101-575 c
n befor 40ordin a
are m de to the A ura iu c
n must e
n be incpertaining t m
51, this On Ja ct 70 pa ary 31 by Public Lanatur,, 75,pe r
orpo o
nu fr pr a
r r ted o
into theegulating m Lo isia, E1991 to im110 opo e
se str u
NMSS w 101-575.ple,me t14 0, s uct am the ad na e dme ts to n
n 150 n
ne,y Ser ic ga oper te n
rg s
a the,me dme170, ny c
r ad ec iv d cedur le trifuge a
n n
pro e
a proc v
a fa il e
n e
t ty fors (LES) he e ding that obsta le c
e a
sio pr es.i n
nts a ticipated oc n pro for s
c c dur e
The e
e.c alic be stafnrichm s for the LES annt o
s applic ens et Nev n
f ad of e to co atio acco lic OGC ur ertheles,mmodated n
a iu n
n n
s ens do m
NO e
OGC u ing nt s
o ha thin applic tio T:
wi E
for s
a es TO advis de isting Commi x
n ee BE WHEN ADE PUBLI e
M the THE AVAILABLE staff L
s-FINAL CLY s
SRM AVAILABLE
'~
IS 1
MADE
-/&
-y
//
The Commissioners 2
that this conforming rulemaking should be undertaken with the goal of making the final rule effective before the mandatory hearing on the LES license application is expected to be completed (July 1992).
A staff paper in response to COMFR-91-003
" Resumption of Rulemaking on Uranium Enrichment Facilities," dated May 31, 1991, is currently being prepared. As requested, the staff will " analyze the impact on existing agency priority activities of resuming the rulemaking effort" on a new 10 CFR Part 76 pertaining only to the licensing of uranium enrichment facilities.
In view of the OGC recommendation that these conforming amendments should be in place before the hearing on the LES license application, I believe that any rulemaking effort on a new 10 CFR Part 76 should be separate from the attached rulemaking.
If it is decided that rulemaking should be resumed on a new Part 76, the effective changes of the attached rulemaking would be appropriately incorporated in the new part, along with consideration of other appropriate requirements from the existing regulations.
The resources for this rulemaking and to review the LES License application for a uranium enrichment facility are included in the FY 1992-1996 Five Year Plan.
Coordination:
The Office of Governmental and Public Affairs concurs in this proposed rulemaking. The Office of General Counsel has reviewed this proposed rulemaking and has no legal objections.
Recommendation:
That the Commission:
1.
A3 prove for publication the Notice of Proposed Rulemaking (Enclosure A) for a 75-day public comment period.
2.
Certif that this rule, if adopted, would not have a sign 1 cant economic impact on a substantial number of small entities in order to satisfy the requirements of i
the Regulatory Flexibility Act (5 U.S.C. 605(b)).
3.
Note:
)
1 (a) That a reguhtory analysis has been prepared for i
this rulemaking action (Enclosure B).
1 (b) That neither an environmental impact statement nor j
an environmental assessment and finding of no j
significant impact has been prepared for this proposed rule because it meets the criteria for a categorical exclusion under 10 CFR 51.22(c)(1) and (3).
b 50-90-I %
f
....+
RULEMAKING ISSUE (Notation Vote)
July 22, 1991 SECY-91-219 For:
The Commissioners From:
James M. Taylor, Executive Director for Operations
Subject:
PROPOSED RULEMAKING - CONFORMING AMENDMENTS TO TITLE 10 0F THE CODE OF FEDERAL REGULATIONS FOR URANIUM ENRICHMENT REGULATION
Purpose:
To obtain Commission approval of the proposed amendments.
Background:
On November 15, 1990, the President signed the " Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990," Public Law 101-575, which, among other things, amended the Atomic Energy Act (the Act) with respect to regulating uranium enrichment facilities. The principal amendment to the Act made by Public Law 101-575 provides that the licensing of uranium enrichment plants will be a single license issued pursuant to 10 CFR Parts 40 and 70, rather than a two-part license issued under 10 CFR Part 50.
Further, a new Section 193 added to the Act by Public Law 101-575 requires environmental review, adjudicatory hearings, inspection before operation, and liability insurance for licensing a uranium enrichment facility.
Discussion:
The provisions of Public Law 101-575 pertaining to regulating uranium enrichment facilities must be incorporated into the regulations. Accordingly, this paper proposes amendments to 10 CFR Parts 2, 40, 50, 51, 70, 75, 110, 140, 150, and 170, which are conforming in nature, to implement the amendments made to the Act by Public Law 101-575.
On January 31, 1991, NMSS received the anticipated application from Louisiana Energy Services (LES) for a license to con-struct and operate a facility for enrichment of uranium using the gas centrifuge process.
The staff and OGC do not foresee any procedural obstacles for the LES license application proceeding that cannot be accommodated within existing Commis-sion procedures.
Nevertheless, 0GC has advised the staff NOTE:
TO BE MADE PUBLICLY AVAILABLE WHEN THE FINAL SRM IS MADE AVAILABLE CONTACT:
g$
C. W. Nilsen, RES Q
q, e-e 7 h n
w r As w 7 0r (301) 492-3834 I-
I The Commissioners 2
that this conforming rulemaking should be undertaken with the goal of making the final rule effective before the mandatory hearing on the LES license application is expected to be completed (July 1992).
A staff paper in response to COMFR-91-003
" Resumption of Rulemaking on Uranium Enrichment Facilities," dated May 31, 1991, is currently being prepared.
As requested, the staff will " analyze the impact on existing agency priority activities of resuming the rulemaking effort" on a new 10 CFR Part 76 pertaining only to the licensing of uranium enrichment facilities.
In view of the OGC recommendation that these conforming amendments should be in place before the hearing on the LES license application, I believe that any rulemaking effort on a new 10 CFR Part 76 should be separate from the attached rulemaking.
If it is decided that rulemaking should be resumed on a new Part 76, the effective changes of the attached rulemaking would be appropriately incorporated in the new part, along with consideration of other appropriate requirements from the existing regulations.
The resources for this rulemaking and to review the LES License application for a uranium enrichment facility are included in the FY 1992-1996 Five Year Plan.
Coordination:
The Office of Governmental and Public Affairs concurs in this proposed rulemaking. The Office of General Counsel has reviewed this proposed rulemaking and has no legal objections.
Recommendation:
That the Commission:
1.
A] prove for publication the Notice of Proposed Rulemaking (Enclosure A) for a 75-day public comment period.
2.
Certify that this rule, if adopted, would not have a significant economic impact on a substantial number of i
small entities in order to satisfy the requirements of the Regulatory Flexibility Act (5 U.S.C. 605(b)).
3.
Note:
(a) That a regulatory analysis has been prepared for this rulemaking action (Enclosure B).
(b) That neither an environmental impact statement nor an environmental assessment and finding of no significant impact has been prepared for this proposed rule because it meets the criteria for a i
categorical exclusion under 10 CFR 51.22(c)(1) and (3).
4 The Commissioners 3
(c) That the Subcommittee on Nuclear Regulation of the Senate Committee on Environment and Public Works and the Subcommittee on Energy and Power of the House Committee on Energy and Commerce and the House Committee on Interior and Insular Affairs will be informed of this rulemaking action (Enclosure C).
(d) That the proposed rule does not contain new or amended information collection requirements subject to the Paperwork Reduction Act.
(e) That the Chief Counsel for Advocacy of the Small Business Administration will be informed of the certification and the reasons for it'as required by the Regulatory Flexibility Act.
(f) That a public announcement will be~ issued (Enclosure D).
(g) That a copy of the proposed rule will be distributed to all affected licensees and other i
I interested persons.
/
E#
mes M. I#ylor xecutive Director for Operations 7
Enclosures:
A. Federal Register Notice of Proposed Rulemaking B. Draft Regulatory Analysis C. Congressional Letters D. Draft Public Announcement 1
l m
d
4 l
l Commissioners' comments or consent should be provided directly to the Office of the Secretary by COB Tuesday, August 6, 1991.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT Tuesday, July 30, 1991, with an infor-mation copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
DISTRIBUTION:
OCAA GPA REGIONAL OFFICES EDO ACRS ACNW ASLBP SECY 4
1 j
ENCLOSURE A Federal Register Notice of Proposed Rulemaking i
)
[7590-01]
NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2, 40, 50, 51, 70, 75, 110, 140, 150, and 170 i
RIN 3150-AD90 Uranium Enrichment Regulations j
AGFNCY: Nuclear Regulatory Commission.
ACTION:
Proposed rule.
SUMMARY
- The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations concerning the licensing of uranium enrichment facilities to reflect changes made to the Atomic Energy Act of 1954, as amended (the Act) by the Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990.
The principal effect of these amendments is that uranium enrichment facilities will be licensed subject to the provisions of the Act pertaining to source material and special nuclear material rather than under the provisions pertaining to a production facility.
DATE:
Comment period expires (75 days from the date of publication in the Federal Register).
Connents received after this date will be considered if it 1
is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date.
ADDRESSES: Mail written comments to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention:
Docketing and Service Branch.
Deliver comments to One White Flint North,11555 Rockville Pike, Rockville, MD, between 7:45 am and 4:15 pm Federal workdays.
Copies of the draft regulatory analysis and comments received may be examined at the NRC Public Document Room, 2120 L Streat NW. (Lower Level),
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Mr. C. W. Nilsen, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-3834, or Mr. P. Loysen, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-0685.
SUPPLEMENTARY INFORMATION:
Background
On November 15, 1990, the President signed the " Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990," Pub. L.101-575, which, among other things, amended the Atomic Energy Act (the Act) with respect to the licensing of uranium enrichment f acilities.
The principal effect of these changes is that uranium enrichment facilities will be licensed pursuant to the provisions of the Act pertaining to source material and special nuclear material rather than the provisions pertaining to a production facility.
2
Under the new provisions, licensing of uranium enrichment facilities will become a single step licensing process with one license issued pursuant to 10 CFR Parts 40 and 70 rather than a two-part licensing process under 10 CFR Part 50.
However, amendments to the Act which address the licensing of uranium enrichment facilities also mandate an environmental review, adjudicatory hearing, inspection before operation, and third party liability insurance.
Also, uranium enrichment facilities remain production facilities for other purposes of the Act such as controlling the export of specially designed or prepared uranium enrichment equipment and preservation of Federal authority in Agreement States.
Proposed Action The Commission is proposing this rulemaking, which is essentially conforming in nature, to amend 10 CFR Parts 2, 40, 50, 51, 70, 75, 110, 140, 150, and 170 as required to implement Section 5 of Pub. L. 101-575.
Section 5 of Pub. L. 101-575 amended the Act to remove uranium enrich-ment fecilities from consideration as production facilities for the purposes of Chapters 10 and 16 of the Act.
As a result, licensing of uranium enrichment facilities will be subject to the procedural licensing provisions of the Act for source material and special nuclear material under 10 CFR Parts 40 and 70 with the addition of new requirements concerning facility construction and operation.
To reflect Pub. L. 101-575, the addition of a definition for uranium enrichment facility is being proposed that would include both (1) a facility used for separating the isotopes of uranium or enriching uranium in the isotope 235 and (2) any equipment or device capable of such action.
The new definition l
continues to exclude laboratory scale facilities designed or used for experimental or analytical purposes from licensing as a uranium enrichment facility as was 3
the case prior to enactment of Pub. L. 101-575.
However, commercial laboratory scale enrichment would be a licensed activity, and licensees would be required to have appropriate source material and special nuclear material licenses and to comply with all applicable regulations.
Uranium enrichment facilities remain production facilities for chapters i
other than Chapter 10, " Atomic Energy Licenses," and Chapter 16, " Judicial Review and Administrative Procedure," of the Act. Therefore, there is no change for purposes of controlling the export of specially designed or prepared uranium enrichment equipment and the preservation of Federal authority over uranium 1
enrichment licensing in Agreement States.
To conform with the changes added to the Act by Pub. L. 101-575, the proposeo amendments contain five (5) new licensing requirements specific to the licensing of uranium enrichment facilities. The amendments to 10 CFR Chapter I which are necessary to implement these requirements include:
The requirement to conduct a single adjudicatory hearing before issuance of a license for construction and operation (proposed ss 40.33 and 70.23a);
The requirement prohibiting issuance of a license to allow construction and operation until a hearing is completed and a decision issued (proposed ss 40.32(g) and 70.31(e));
The requirement that an Environmental Impact Statement (EIS) be prepared in accordance with the National Environmental Policy Act before the licensing hearing is completed (See ss 40.31(k), 51.97(c), and 70.21(h));
The requirement that prior to commencement of operation the Commission verify by inspection that the facility has been constructed in accordance with the license, and publish a notice of the inspection results in the Federal l
Register (proposed ss 40.41(g) and 70.32(k)); and 1
The requirement that the licensee carry public liability insurance dgainst bodily injury, sickness, disease, death, loss of or damage to property, l
4
and loss of use of property arising out of or resulting from the radioactive, i
toxic, explosive, or other hazardous properties of chemical compounds containing source material or special nuclear material.
The insurance requirement specifically includes the chemical toxicity risks associated with uranium hexafluoride (proposed 5940.32(g),70.23(a)(12),and140.13b).
A number of minor conforming changes to the provisions of 10 CFR Chapter I are proposed to implement the amendments to the Act. Of specific note is the fee category change in 10 CFR Part 170. This change will be appropriately incorporated into the final 10 CFR Part 170 rulemaking entitled " Revision of Fee Schedules:
100 percent Fee Recovery (3150-A087)."
Environmental Impact:
Categorical Exclusion The NRC has determined that this proposed regulation is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(1) and (3). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed regulation.
Paperwork Reduction Act Statement This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
This rule has been submitted to the Office of Management and Budget for review and approval of the paperwork requirements.
5
Public reporting burden for this collection of information is estimated to average 60,000 hours0 days <br />0 hours <br />0 weeks <br />0 months <br /> per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Information and Records Management Branch (MNBB-7714), U.S. Nuclear Regulatory Commission, Washington, DC 20555; and to the Desk Officer, Office of Information and Regulatory Affairs, NE08-3019 (3150-0020, -0011, -0021,
-0009,-0055,-0036,-0039,-0032), Office of Management and Budget, Washington, DC 20503.
Draf t Regulatory Analysis The Commission has prepared a draft regulatory analysis on this proposed regulation. The analysis examines the costs and benefits of the alternatives considered by the Commission.
The draf t analysis is available for inspection at the NRC Public Document Room, 2120 L Street NW. (Lo'wer Level), Washington, DC.
Single copies of the analysis may be obtained from Mr. C. W. Nilsen, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-3834.
The Commission requests public comments on the draft regulatory analysis.
Comments on the draft analysis may be submitted to the NRC as indicated under the ADDRESSES heading.
6
Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), the Commission certifies that, if promulgated, this rulemaking will not have a significant economic impact on a substantial number of small entities. The proposed rule, when promulgated, would affect only persons who build or operate enrichment facilities for producing enriched uranium. The owners of enrichment facilities do not fall within the scope of the definition of "small entities" set forth in Section 601(3) of the Regulatory Flexibility Act,.15 U.S.C. 632, or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121.
Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this proposed rule. Thus, a backfit analysis is not required for these amendments because they do not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1).
List of Subjects Part 2 - Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalty, Sex discrimination, Source materiel, Special nuclear material, Waste treatment and disposal.
Part 40 - Criminal penalty, Government contracts, Hazardous materials -
transportotion, Nuclear materials, Reporting and recordkeeping requirements, Source material, Uranium.
7 i
i 1
Part 50 - Antitrust, Classification information, Criminal penalty, Fire protection, Incorporation by reference, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.
Part 51 - Administrative practice and procedure, Environmental impact statement, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements.
Part 7.0 - Criminal penalty, Hazardous materials - transportation, Nuclear materials, Packaging and ' containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material.
Part 75 - Criminal penalty, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures.
Part 110 - Administrative practice and procedure, Classified information, Criminal penalty, Export, Import, Incorporation by reference, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Scientific equipment.
Part 140 - Criminal penalty, Extraordinary nuclear occurrence, Insurance, Intergovenmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements.
Part 150 - Criminal penalty, Hazardous materials - transportation, Intergovernmental relations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Source material, Special nuclear material.
Part 170 - Byproduct material, Non payment penalty, Nuclear materials, Nuclear power plants and reactors, Source material, Special nuclear material.
8 l
_m
.-t-',
f For the reasons set forth in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following conforming amendments to 10 CFR Parts 2, 40, 50, 51, 70, 75, 110, 140, 150, and 170.
i i
PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS 1.
The authority citation for Part 2 is revised to read as follows:
AUTHORITY: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C 2201, 2231); sec. 191, as aiiiended, Pub. L.87-615, 76 Stat. 409 (42 U.S.C. 2241);
sec. 201, 88, Stat.1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552.
Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. L.97-425, 96, Stat. 2213, as amended (42 U.S.C.10134(f)); sec.102, Pub. L.91-190, 83 Stat. 853, as l
l amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871).
Sections 2.102, 2.103, 2.104, 2.105, 2.721, also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Sec. 193 Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C.
2243). Section 2.105 also issued under Pub. L.97-415, 96 Stat.
2073 (42 U.S.C.
2239). Section 2.200-2.206 also issued under secs. 186, 234, 68 Stat. 955, 83 i
Stat. 444, as amended (42 U.S.C. 2236, 2282); sec. 206, 88 Stat. 1246 (42 U.S C. 5846). Sections 2.600-2.606 also issued under sec. 102, Pub. L.91-190, 83 Stat. 853, as amended (42 U.S.C.4332).
Sections 2.700a, 2.719 also issued 9
i 1
4 under 5 U.S.C. 554 Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 2.764 and Table 1A of Appendix C also issued under secs. 135, 141 Pub. L.97-425, 96 Stat.
2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. P133) and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section j
2.809 also issued under 5 U.S.C. 553 and sec. 29, Pub. L.85-256, 71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also issued under sec.189, 68 Stat. 955 i
(42 U.S.C. 2239); sec.134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C.10154).
1 Subpart L also issued under sec. 189, IE, Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L.91-560, 84 Stat.1473 (42 U.S.C. 2135).
Appendix B also issued under sec.10, Pub. L.99-240, 99 Stat.1842 (42 U.S.C.
2021b et seq.).
SOURCE: 27 FR 377, Jan. 13, 1962, unless otherwise noted.
i EDITORIAL NOTE:
For nomenclature changes to this part, see 45 FR 14200, Mar. 5, 1980.
i i
2.
In 5 2.104, paragraph (b)(2) is revised to read as follows:
6 2.104 Notice of hearing.
I 4
(b)
- l (2) That, if the proceeding is not e contested proceeding, the presiding officer will determine (i) without condu *.ing a de novo evaluation of the i
10 a
,... ~
application, whether the application and the record of the proceeding contain sufficient information, and the review of application by the Commission's staff has been adequate to support affirmative findings on (b)(1) (i) through (iii) specified in this section and a negative finding on (b)(1)(iv) specified in this section proposed to be made and the issuance of the construction permit proposed by the Director of Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards, as appropriate, and (ii) if the application is for a construction permit for a nuclear power reactor, a testing facility, a fuel reprocessing plant, a uranium enrichment facility, or other facility whose construction or operation has been determined by the Commission to have a significant impact on the environment, whether the review conducted by the Commission pursuant to the National Environmental Policy Act (NEPA) has been adequate.
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL 3.
The authority citation for Part 40 is revised to read as follows:
AUTHORITY:
Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat. 932, l
933, 935, 948, 953, 954, 955, as amended, secs. lle(2), 83, 84, Pub. L.95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C.
2014(e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274, Pub. L.86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L.97-415, 96 Stat. 2067 (42 U.S.C. 2022); sec. 193, 104 Stat. 2835 (42 U.S.C. 2243).
11
1 Section 40.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 40.31(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152). Section 40.46 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also issued under sec.187, 68 Stat.
955 (42 U.S.C. 2237).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
5 40.3, 40.7(g), 40.25(d)(1)-(3), 40.35(a)-(d) and (f), 40.41(b) and (c),
40.46, 40.51(a) and (c), and 40.63 are issued under sec.161b,161i, and 1610, 68 Stat. 948, 949, and 950, as amended (42 U.S.C. 2201(b), 2201(i), and 2201(o)); and il 40.5,40.9,40.25(c),(d)(3),and(4),40.26(c)(2),40.35(e),
40.42, 40.61, 40.62, 40.64, and 40.65 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
4.
In 5 40.4, the term " Uranium Enrichment Facility" is added to read as follows:
5 40.4 Definitions.
Uranium enrichment facility means:
(1) Any f acility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or 12
(2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235.
5.
Section 40.5 is amended by adding paragraph (b)(1)(vi) to read as follows:
5 40.5 Communications.
l (b)
(1)
(vi) Uranium enrichment facilities.
6.
Section 40.31 is amended by adding paragraphs (k) and (1) to read as follows:
5 40.31 Applications for specific licenses.
13 1
( k) A license application for a uranium enrichment facility must be accompanied by an Environmental Report required under Subpart A of Part 51 of this chapter.
(1) A license application that involves the use of source material in a uranium enrichment facility must include the applicant's provisions for public liability insurance.
7.
Section 40.32 is amended by revising paragraph (e) and adding paragraph (g) to read as follows:
$ 40.32 General requirements for issuance of specific licenses.
(e)
In the case of an application for a license for a uranium enrichment facility, or for a license to possess and use source and byproduct material for uranium milling, production of uranium hexafluoride, or for the conduct of any other activity which the Commission determines will significantly affect the quality of the environment, the Director of Nucl e Material Safety and Safeguards or his designee, before commencement of construction of the plant or facility in which the activity will be conducted, on the basis of information filed and evaluations made pursuant to Subpart A of Part 51 of this chapter, has concluded, af ter weighing the environmental, economic, technical and other benefits against environmental costs and considering available alternatives, that the action called for is the issuance of the proposed license, with any 14
appropriate conditions to protect environmental values. Commencement of l
construction prior to this conclusion is grounds for denial of a license to possess and use source and byproduct material in such plant or facility. As used in this paragraph, the term " commencement of construction" means any clearing of land, excavation, or other substantial action that would adversely affect the environment of a site. The term does not mean site exploration, roads necessary for site exploration, borings to determine foundation conditions, or other preconstruction monitoring or testing to establish l
background information related to the suitability of the site or the protection of environmental values.
A A
2 l
(g) Where the proposed activity involves use of source material in a uranium enrichment facility, the applicable provisions of Part 140 of this chapter have been satisfied.
8.
A new % 40.33 is added to read as follows:
s 40.33 Issuance of a license for a uranium enrichment facility.
(a) The Commission will hold a hearing pursuant to 10 CFR Part 2, Subparts A, G and I, on each application with regard to the licensing of the construction and operation of a uranium enrichment f acility. The Commission will publish public notice of the hearing in the Federal Register at least 30 days before the hearing.
15
(b) A license for a uranium enrichment facility may not be issued before l
the hearing is completed and a decision issued on the application.
9.
Section 40.41 is amended by adding paragraph (g) to read as follows:
5 40.41 Terms and conditions of licenses.
(g) No person shall commence operation of a uranium enrichment facility until the Commission verifies through inspection that the facility has been l
constructed in accordance with the requirements of the license.
The Commission shall publish notice of the inspection results in the Federal Register.
I 10.
In s 40.65, the introductory text of paragraph (a) is revised to read as follows:
6 40.65 Effluent monitoring reporting requirements.
(a) Each licensee authorized to possess and use source material in uranium milling, in production of uranium hexafluoride, or in a uranium enrichment facility shall:
16
PART 50--DOMESTIC LICENSING 0F PRODUCTION AND UTILIZATION FACILITIES
- 11. The authority citation for Part 50 continues to read as follows:
AUTHORITY: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat.
936, 937, 938, 948, 953, 954, 955, 956, as einended, sec. 234, 83 Stat.1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282);
secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
Section 50.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68 Stat. 936, 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).
Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235).
Sections 50.33a, 50.55a and Appendix Q also issued under sec. 102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat.1245 (42 U.S.C. 5844). Sections 50.58, 50.91, and 50.92 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239).
Section 50.78 also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80 -
50.81 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234).
Appendix F also issued under sec.187, 68 Stat. 955 (42 U.S.C. 2237).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
ss 50.46(a) and (b), and 50.54(c) are issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); ss 50.7(a), 50.10(a)-(c), 50.34(a) and (e),
50.44(a)-(c), 50.46(a) and (b), 50.47(b), 50.48(a), (c), (d), and (e),
50.49(a), 50.54(a), (i), (i)(1), (1)-(n), (p), (q), (t), (v), and (y),
17
50.55(f), 50.55a(a), (c)-(e), (g), and (h), 50.59(c), 50.60(a), 50.62(c),
50.64(b), and 50.80(a) and (b) are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and ll 50.49(d), (h), and (j), 50.54(w), (z),
(bb),(cc),and(dd),50.55(e),50.59(b),50.61(b),50.62(b),50.70(a),
50.71(a)-(c) and (e), 50.72(a), 50.73(a) and (b), 50.74, 50.78, and 50.90 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
12.
In s 50.2, paragraph (2) of the term " Production Facility" is revised to read as follows:
$ 50.2 Definitions.
As used in this part, Production facility means:
(2) Any facility designed or used for the separation of the isotopes of plutonium, except laboratory scale facilities designed or used for experimental or analytical purposes only; or 18 i
13.
In 5 50.33a, paragraph (e) is revised to read as follows:
6 50.33a Information requested by the Attorney General for antitrust review.
(e) Any person who applies for a class 103 construction permit for a fuel reprocessing plant shall submit such information as may be requested by the Attorney General for antitrust review, as a separate document, as soon as possible and in accordance with 9 2.101 of this chapter.
PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS 14 The authority citation for Part 51 is revised to read as follows:
AUTHORITY:
Sec.161, 68 Stat. 948, as amended (42 U.S.C. 2201); secs.
l 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842).
l Subpart A also issued under National Environmental Policy Act of 1969, secs. 102, 104, 105, 83, Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L.95-604, Title II, 92 Stat. 3033-3041; and Sec. 193, Pub. L.
101-575, 104 Stat. 2835 (42 U.S.C. 2243).
Sections 51.20, 51.30, 51.60, 51.61, 51.80, and 51.97, also issued under secs. 135, 141 Pub. L.97-425, 96 Stat.
19
(
2232, 2241, and sec. 148, Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161,10168). Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, sec.121, 96 Stat. 2228 (42 U.S.C.10141).
Secs. 51.43, 51.67, and 511.09 also issued under Nuclear Waste Policy Act of 1982, sec.114(f), 96 Stat. 2216, as amended (42 U.S.C. 10134(f)).
15.
In 5 51.14, the term " Uranium enrichment facility" is added to read as follows:
6 51.14 Definitions.
(a) As used in this subpart:
Uranium enrichment facility means:
(1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale f acilities designed or used for experimental or analytical purposes only; or (2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235.
I 20
- 16. Section 51.20 is amended by adding paragraph (b)(10) to read as follows:
s 51.20 Criteria for and identification of licensing and regulatory actions requiring c1vironmental impact statements.
(b)
(10) Issuance of a license for a uranium enrichment facility.
17.
Section 51.60 is amended by adding paragraph (b)(1)(vii) to read as i
l follows:
5 51.60 Environmental report - materials licenses.
~
(b)
(1)
(vii) Construction and operation of a uranium enrichment facility.
- 18. Section 51.97 is amended by adding paragraph (c) to read as follows:
l 21 l
I
5 51.97 Final environmental impact statement - materials license.
i J
(c) Uranium enrichment facility. As provided in Section 5(e) of the Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990 (104 Stat. 2834 at 2835, 42 U.S.C. 2243), a fina1' environmental impact statement must be prepared before the hearing on the issuance of a license for a uranium enrichment facility is completed.
PART 70--DOMESTIC LICENSING 0F SPECIAL NUCLEAR MATERIAL
- 19. The authority citation for Part 70 is revised to read as follows:
AUTHORITY: Secs. 51, 53,161,182,183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282); secs. 201, as amended, 202, 204, 206, 88 Stat.1242, as dmended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846); sec. 193, 104 Stat. 2835 (42 U.S.C. 2243).
Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
Section 70.7 also issued l
l under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C.
2077).
Sections 70.36 and 70.44 also issued under sec. 184, 68 Stat. 954, as 22 1
amended (42 U.S.C. 2234).
Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138),
l For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
$$ 70.3, 70.7(g), 70.19(c), 70.21(c), 70.22(a), (b), (d)-( k), 70.24(a) and (b),
70.32(a)(3), (5), (6), (d), and (i), 70.36, 70.39(b) and (c), 70.41(a),
70.42(a) and (c), 70.56, 70.57(b), (c), and (d), 70.58(a)-(g)(3), and (h)-(j) are issued under sec.161b,1611, and 1610, 68 Stat. 948, 949, and 950, as amended (42 U.S.C. 2201(b), 2201(1), and 2201(o)); SS 70.7, 70.20a(a) and (d),
70.20b(c) and (e), 70.21(c), 70.24(b), 70.32(a)(6), (c), (d), (e), and (g),
70.36, 70.51(c)-(g), 70.56, 70.57(b) and (d), and 70.58 (a)-(g)(3) and (h)-(j) are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and Ss 70.5, 70.9, 70.20b(d) and (e), 70.38, 70.51(b) and (i), 70.52, 70.53, 70.54, 70.55, 70.58(g)(4), (k), and (1), 70.59, and 70.60(b) and (c) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
20.
In b 70.4, the term " Uranium enrichment facility" is added to read as follows:
i 5 70.4 Definitions.
Uranium enrichment facility means:
(1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or 23
(2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235.
- 21. Section 70.5 is amended by adding paragraph (b)(1)(vii) to read as follows:
5 70.5 Communications.
(b)
(1)
(vii) Uranium Enrichment Facility.
22.
In 5 70.8, paragraph (b) is revised to read as follows:
5 70.8 Information collection requirements: 0MB approval.
t 1
1 (b) The approved information collection requirements contained in this part appear in sl 70.19, 70.20a, 70.20b, 70.21, 70.22, 70.24, 70.25, 70.32, a
70.33, 70.34, 70.38, 70.39, 70.51, 70.52, 70.53, 70.57, 70.58, 70.59, and 70.60.
+
+
+
24
23.
Section 70.21 is amended by revising paragraph (a)(1) and adding paragraph (h) to read as follows:
s 70.21 Filing.
(a)(1) A person may apply for a license to possess and use special nuclear material in a plutonium processing or fuel fabrication plant, or for a uranium enrichment facility license by filing 25 copies of the application with the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555.
(h) A license application for a uranium enrichment facility must be dCCompanied by an Environmental Report required under Subpart A of Part 51 of this chapter.
24 Section 70.22 is amended by adding paragraph (m) to read as follows:
$ 70.22 Contents of applications.
l (m) A license application that involves the use of special nuclear material in a uranium enrichment facility must include the applicant's provisions for public liability insurance.
25 l
- 25. Section 70.23 is amended by revising paragraphs (a)(7) and (a)(11) and by adding paragraph (a)(12) to read as follows:
5 70.23 Requirements for the approval of applications.
(a)
(7) Where the proposed activity is processing and fuel fabrication, scrap recovery, conversion of uranium hexafluoride, uranium enrichment facility construction and operation, or any other activity which the Commission determines will significantly affect the quality of the environment, the Director of Nuclear Material Safety and Safeguards or his designee, before commencement of construction of the plant or facility in which the activity will be conducted, on the basis of information filed and evaluations made pursuant to Subpart A of Part 51 of this chapter, has concluded, after weighing the environmental, economic, technical, and other benefits against environmental costs and considering available alternatives, that the action called for is the issuance of the proposed license, with any appropriate conditions to protect environmental values.
Commencement of construction prior to this conclusion is grounds for denial to possess and use special nuclear material in such plant or facility. As used in this paragraph, the term
" commencement of construction" means any clearing of land, excavation, or other substantial action that would adversely affect the environment of a site.
The term does not mean site exploration, roads necessary for site exploration, borings to determine foundation conditions, or other preconstruction monitoring or testing to establish background information related to the suitability of the site or the protection of environmental values.
26
+
+
+
+
+
(11) Where the proposed activity is processing and fuel fabrication, l
scrap recovery, conversion of uranium hexafluoride, or involves the use of special nuclear material in a uranium enrichment facility, the applicant's proposed emergency plan is adequate.
(12) Where the proposed activity is use of special nuclear material in a uranium enrichment facility, the applicable provisions of Part 140 of this chapter have been satisfied.
- 26. A new 5 70.23a is added to read as follows:
5 70.23a Hearing required for uranium enrichment facility.
The Commission will hold a hearing under 10 CFR Part 2, Subparts A, G, and I, on each application for issuance of a license for construction and operation of a uranium enrichment facility. The Commission will publish public notice of the hearing in the Federal Register at least 30 days before the hearing.
l 27.
Section 70.25 is amended by revising paragraph (a) to read as follows:
l 5 70.25 Financial assurance and recordkeeping for decommissioning.
)
(a) Each applicant for a specific license of the types enur'erated in paragraphs (a)(1) and (2) of this section shall submit a decommissioning funding plan as described in paragraph (e) of this section.
27
(1) A specific license for a uranium enrichment facility; (2) A specific license authorizing the possession and use of unsealed 5
special nuclear material in quantities exceeding 10 times the applicable quantities set forth in Appendix C to s% 20.1 - 20.601 of 10 CFR Part 20. A decommissioning funding plan must also be submitted when a combination of 5
isotopes is involved if R divided by 10 is greater than 1 (unity rule), where R is the sum of the ratios of the quantity of each isotope to the applicable value in Appendix C to %s 20.1 - 20.601 of 10 CFR Part 20.
28.
Section 70.31 is amended by adding paragraph (e) to read as follows:
6 70.31 Issuance of licenses.
(e) No license to construct and operate a uranium enrichment facility shall be issued until a hearing pursuant to 10 CFR Part 2, Subparts A, G and I, is completed and a decision issued on the application.
- 29. Section 70.32 is amended by adding paragraph (k) to read as follows:
% 70.32 Conditions of licenses.
28
( k) No person shall connence operation of a uranium enrichment facility until the Commission verifies through inspection that the facility has been constructed in accordance with the requirements of the license. The Commission shall publish notice of the inspection results in the Federal Register.
30.
Section 70.59 is amended by revising the introductory text of paragraph (a) to read as follows:
5 70.59 Effluent monitoring reporting requirements.
(a) Each licensee authorized to possess and use special nuclear material for processing and fuel f abrication, scrap recovery, conversion of uranium hexafluoride, or in a uranium enrichment facility shall:
PART 75--SAFEGUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF US/IAEA AGREEMENT
- 31. The authority citation for Part 75 is revised to read as follows:
AUTHORITY:
Secs. 53, 63,103,104,122,161, 68 Stat. 930, 932, 936, 937, 939, 948, as amended (42 U.S.C. 2073, 2093, 2133, 2134, 2152, 2201); sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841); sec. 5, Pub. L.101-575,104 Stat.
2835 (42 U.S.C. 2243).
29
. ~.
4 Section 75.4 also issued under secs. 135,141, Pub. L.97-425, 96 Stat.
1 2232, 2241 (42 U.S.C. 10155, 10161).
3 For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
1
)
the provisions of this part are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
i 32.
In s 75.4, paragraph (k)(6) is added to read as follows:
s 75.4 Definitions.
{
i i
i (k)
(6) Any facility used for separating the isotopes of uranium or enriching i
uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235.
i PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL 33.
The authority citation for Part 110 is revised to read as follows:
4 30 i
l AUTHORITY:
Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104, 109, 111, 126, 127, 128, 129, 161, 181, 182, 183, 187, 189, 68 Stat. 929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as amended (42 U.S.C. 2071, 2073, 2074, 1
2077, 2092-2095, 2111, 2112, 2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 3
1 2231-2233, 2237, 2239); sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841);
]
sec. 5, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C 2243).
Section 110.1(b)(2) also issued under Pub. L. 96-92, 93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued under sec. 122, 68 Stat. 939 (42 U AC. 2152) and secs. 54c and 57d., 88 Stat. 473, 475 (42 U.S.C. 2074).
)
Section 110.27 also issued under sec. 309(a), Pub. L.99-440. Section
]
110.50(b)(3) also issued under sec. 123, 92 Stat. 142 (42 U.S.C. 2153).
Section 110.51 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C.
2234). Section 110.52 also issued under sec. 186, 68 Stat. 955 (42 U.S.C.
1 2236). Sections 110.80-110.113 also issued under 5 U.S.C. 552, 554 Sections I
110.30-110.35 also issued under 5 U.S.C. 553.
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
55 110.20-110.29, 110.50, and 110.120-110.129 also issued under secs. 161b and 1
j i, 68 Stat. 948, 949, as amended (42 U.S.C. 2201(b) and (i)); and SS 110.7a and 110.53 also issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C.
2201(o)).
34.
In s 110.2, a definition " Uranium enrichment facility" is added to read as follows:
s 5 110.2 Definitions.
31 1
.__s
Uranium enrichment facility means:
(1) Any facility useo for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or (2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235.
- 35. Section 110.9 is amended by adding paragraph (e) to read as follows:
9 110.9 List of nuclear equipment and material under NRC import licensing authority.
l (e) Uranium enrichment facilities.
l l
l PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS
- 36. The authority citation for Part 140 is revised to read as follows:
i 32
AUTHORITY:
Secs. 161, 170, 68 Stat. 948, 71 Stat. 576, as amended (42 U.S.C. 2201, 2210); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842).
Section 140.13b is issued under Section 193(d) 104 Stat. 2835 (42 U.S.C.
2243).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
ss 140.11(a), 140.12(a), 140.13, and 140.13a are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); and 5 140.6 is issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
37.
In 5 140.9a, paragraph (b) is revised to raad as follows:
5 140.9a Information collection requirements: OMB approval.
l (b) The approved information collection requirements contained in this part appear in 5% 140.6, 140.7, 140.13b, 140.15, 140.17, 140.20, 140.21 and 140.22.
[49 FR 19629, May 9, 1984]
l
- 38. A new $ 140.13b is added to read as follows:
l s 140.13b Amount of financial protection required for uranium enrichment facilities.
l 33 l
Each holder of a license issued under Parts 40 or 70 of this chapter for a uranium enrichment facility that involves the use of sour.:e material or special nuclear material is required to have and maintain finaacial protection in the form of liability insurance. Such liability insurance must be the type and in the amounts the Commission considers appropriate to cover liability claims arising out of any occurrence within the United States that causes, within or outside the United States, bodily injury, sickness, disease, death, loss of or damage to property, or loss of use of property arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of chemical compounds containing source material or special nuclear material.
Proof of financial protection must be filed with the Commission as required by 5 140.15 before issuance of a license for a uranium enrichment facility under Parts 40 dnd 70 of this chapter.
PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 39.
The authority citation for Part 150 is revised to read as follows:
AUTHORITY:
Sec. 161, 68 Stat. 948, as amended, sec. 274, 73 Stat. 688 (42 U.S.C. 2201, 2021); sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841); sec.
5, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243).
Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued under secs.
11e(2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84, 92 Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). Section 150.14 also issued under sec.
53, 68 Stat. 930, as amended (42 U.S.C. 2073). Section 150.15 also issued under 34
secs.135,141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C.10155,10161).
j Section 150.17a also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152).
Section 150.30 also issued under sec. 234, 83 Stat. 444 (42 U.S.C. 2282).
i For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
56150.20(b)(2)-(4) and 150.21 are issued under sec.161b, 68 Stat. 948, as i
amended (42 U.S.C. 2201(b)); @ 150.14 is issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and ss 150.16-150.19 and 150.20(b)(1) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
40.
In 5 150.3, paragraph (h) is revised and paragraph (m) is added to read as follows:
@ 150.3 Definitions.
(h) " Production facility" means:
(1) Any equipment or device determined by rule of the Commission to be capable of the production of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to dffect the health and safety of the public, including a uranium enrichment facility; or (2) Any important component part especially designed for such equipment or device as determined by the Commission.
35
(m) " Uranium enrichment f acility" means:
(1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used i
for experimental or analytical purposes only; or (2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235.
PART 170--FEES FOR FACILITIES AND MATERIALS LICENSES AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED
- 41. The authority citation for Part 170 continues to read as follows:
AUTHORITY:
31 U.S.C. 9701, 96 Stat. 1051; sec. 301, Pub. L.92-314, 86 Stat. 222 (42 U.S.C. 2201w); sec. 201, 88 Stat.1242, as amended (42 U.S.C.
5841).
42.
In s 170.3, paragraph (2) of the term production facility is revised and a new term " Uranium enrichment facility" is added to read as follows:
5 170.3 Definitions.
36
l i
i Production facility neans:
l (2) Any facility designed or used for the separation of the isotopes of l
plutonium, except laboratory scale facilities designec or used for experimental l
or analytical purposes only; or Uranium enrichment facility means:
l i
I (1) Any facility u:c for separating the isotopes of uranium or enriching a
uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or (2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235.
5170.21[ Amended]
43.
In 5 170.21, the table " Schedule of Facility Fees" is amended by removing and reserving Category E, Uranium Enrichment Plant.
37
j i
i 44.
In 5 170.31, the table " Schedule of Materials Fees".is revised by adding (1)(E) to read as follows:
s 170.31 ~ Schedule of fees for materials licenses and other regulatory services, including inspections and import and export licenses.
SCHEDULE-0F MATERIALS FEES (See footnotes at the end of table)
Category of materials licenses and type of fees 1/
Fee 2/
1.
Special nuclear material:
E.
Licenses for construction and operation of a uranium enrichment facility.
Application................
$125,000 License, Renewal, Amendment.........
Full Cost Inspection:
Routine..................- Full Cost Nonroutine...
Full Cost 4
1/
- Types of fees - Separate charges as shown in the schedule will be essessed for preapplication reviews and applications for new licenses and approvals, issuance of new licenses and approvals, amendments and renewals to l
38
existing licenses and approvals, safety evaluations of sealed sources and devices, and inspections. The following guidelines apply to these charges:
(a) Application fees - Applications for new materials licenses and approvals or applications to reinstate expired licenses and approvals not subject to fees assessed at full cost must be accompanied by the prescribed application fee for each category, except that:
- 1) applications for licenses covering more than one fee category of special nuclear material or source material must be accompanied by the prescribed application fee for the highest fee category; and 2) applications for licenses under fee Category lE must be accompanied by an application fee of $125,000.
(b) License / approval / review fees - Fees for applications 'or new licenses and approvals subject to full cost fees (fee Categories lA, 1B, lE, 2A, 4A, 5B, 10A, 11, 12, 13A, and 14) are due upon notification by the Commission in accordance with % 170.12(b), (e), and (f).
(c) Renewal /reapproval fees - Applications for renewal of licenses and approvals must be accompanied by the prescribed renewal fee for each category, except that fees for applications for renewal of licenses and approvals subject to full cost fees (fee Categories lA, 1B, lE, 2A, 4A, 5B, 10A, 11, 12, 13A, 14, and 15) are due upon notification by the Commission in accordance with
& 170.12(d).
(d) Amendment fees - Applications for amendments to licenses and approvals, except those subject o fees assessed at full cost, must be accompanied by the prescribed amendment fee for each license affected. An application for an amendment to a license or approva. classified in more than one fee category must be accompanied by the prescribed amendment fee for the j
category affected by the amendment unless the amendment is applicable to two or more fee categories, in which case the amendment fee for the highest fee i
39 l
category applies.
For those licenses and approvals subject to full costs (fee 1
Categories 1A, 1B, IE, 2A, 4A, 58, 10A, 11, 12, 13A, 14, and 15), amendment fees are due upon notification by the Commission in accordance with 9170.12(c).
An application for amendment to a materials license or approval that would place the license or approval in a higher fee category or add a new fee category must be accompanied by the prescribed application fee for the new category.
An application for amendment to a license or approval that would reduce the scope of a licensee's program to a lower fee category must be accompanied by the prescribed amendment fee for the lower fee category.
Applications to terminate licenses authorizing small materials programs, when no dismantling or decontamination procedures are required, are not subject to fees.
(e)
Inspection fees - Separate charges will be assessed for each routine and nonroutine inspection performed, including inspections conducted by the NRC of Agreement State licensees who conduct activities in non-Agreement States under the reciprocity provisions of 10 CFR 150.20.
Inspections resulting from investigations conducted by the Office of Investigations and nonroutine inspections that result from third-party allegations are not subject to fees.
If a licensee holds more than one materials license at a single location, a fee equal to the highest fee category covered by the licenses will be assessed if the inspections are conducted at the same time, unless the inspection fees are based on the full cost to conduct the inspection.
The fees assessed at full cost will be determined based on the professional staff time required to conduct the inspection multiplied by the rate established under h 170.20 to which any applicable contractual support services costs incurred will be added.
40 i
Licenses covering more than one category will be charged a fee equal to the highest fee category covered by the license.
Inspection fees are due upon notification by the Commission in accordance with % 170.12(g).
See Footnote 5 for other inspection notes.
2/ ees will not be charged for orders issued by the Commission pursuant to F
2.204 10 CFR 2.104 nor for amendments resulting specifically from such Commis-sion orders. However, fees will be charged for approvals issued pursuant to a specific exemption provision of the Commission's regulations under Title 10 of l
the Code of Federal Regulations (e.g.,
9 30.11, 40.14, 70.14, 73.5, and any other sections now or hereafter in effect) regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form.
In addition to the fee shown, an applicant may be assessed an additional fee for sealed source and device evaluations as shown in Category 9A through 9D.
Dated at Rockville, Maryland, this day of
, 1991.
For the Nuclear Regulatory Commission.
Samuel J. Chilk, Secretary of the Commission.
I 41 e
.m,
.-r, r., - - --
m.
,c.4-
,+ -
nu..-,
1 I
ENCLOSURE B Draf t Regulatory Analysis I
. _..... _.., _.. _ _ _ _ _ _ _ _ _________l
REGULATORY ANALYSIS Uranium Enrichment Regulation; Proposed Rulemaking-Conforming 10 CFR Parts 2, 40, 50, 51, 70, 75, 110, 140, 150, and 170 to the Requirements of Pub. L. 101-575 1.
Statement of Problem On November 15, 1990, the President signed the Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990, which amended the Atomic r
Energy Act (the. Act) with respect to regulating uranium enrichment. The principal effect of these changes is that uranium enrichment facilities will be licensed subject to the provisions of the Act pertaining to source material dnd special nuclear material rather than provisions pertaining to a production f acility. Thus, licensing of uranium enrichment plants will be performed pursuant to 10 CFR Parts 40 and 70 rather than 10 CFR Part 50. A new Section 193 of the Act contains revised requirements for enrichment facilities with respect to environmento' review, adjudicatory hearings, inspection before operation, 1
liability insurance, and decommissioning. A number of conforming changes need to be made to 10 CFR Chapter I to implement the amendments to the Act. The Parts that need amendments include 2, 40, 50, 51, 70, 75, 110, 140, 150, and 170.
1 2.
Objective i
Conforming amendments to the pertinent parts of 10 CFR Chapter I will be published for public comment in the Federal Register.
Public comments received will be considered in final rulemaking action.
4 3.
Alternatives i
i There appear to be no alternatives to the codification of the conforming 4
regulations, since they are required by statute.
4.
Benefits and Costs The chief benefit to the public, industry, and NRC will be derived from the codification of the Commission's regulations to conform to the changes to the Atomic Energy Act in accordance with Pub. L. 101-575.
Codification will facilitate the process for review of any license application for an enrichment facility and provide the final regulatory base for health and safety review of the application.
1 The principal cost will be the expenditure of staff resources in codifying the requirements, which is estimated at 0.5 staff years.
Codification of the requirements should also result in a better understanding of the procedures and requirements for licensing of enrichment facilities, and thereby reduce the l
litigation burden that might result from not having the provisions of the Act codified in regulation.
2 i
J
S.
Decision Rationale and Conclusion Public Law 100-575, by amending the Atomic Energy Act of 1954, changes the way uranium enrichment facilities are licensed and adds different procedural requirements. The Commission's regulations must conforto to these changes.
A proposed rule providing the necessary amendments to the Commission's regulations should be published for public comment and codified through the formal rulemaking process.
6.
Implementation 6.1 Schedule for Implementing the Proposed Requirements The rule is expected to be issued in final form in mid-1992. There are no current NRC licensees which will be covered under the rule. Accordingly, there are no issues pertaining to implementation for existing facilities.
6.2 Relat'anship to Other Existing or Proposed Requirements There are no known impacts on or conflicts with other existing or proposed requirements.
3
ENCLOSURE C Congressional Letters l
2 I
i
'-"+3
+-
6 pp
--,--e, 4
y
pn atauq
!i ii UNITED STATES E
NUCLEAR REGULATORY COMMISSION
{.;
%.... f[
o, WASHINGTON, D.C. 20556 i
i The Honorable Bob Graham, Chairman Subcommittee on Nuclear Regulation Committee on Environmental and Public Works United States Senate Washington, DC 20510
Dear Mr. Chairman:
In a few days, the Nuclear Regulatory Commission (NRC) will publish in the Federal Register the enclosed proposed amendments to the NRC's regulations concerning uranium enrichment facilities.
These proposed amendments are being promulgated by the Commission to change its rules for regulation of uranium enrichment facilities to conform to amendments made to the Atomic Energy Act of 1954 (the Act) by the " Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990," signed by the President on November 15, 1990. The proposed conforming amendments are to 10 CFR Parts 2, 40, 50, 51, 70, 75, 110, 140, 150, and 170.
The principal effect of these conforming changes is that uranium enrichment
)
facilities will be licensed subject to the provisions of the Act for source and special nuclear material rather than the provisions for a production facility, i
These proposed conforming changes include the specific requirements for environmental review, adjudicatory hearings, inspection before operation, and liability insurance. The changes apply to the licensing of "any equipment or device (or important component part especially designed for such equipment or device) capable of separating the isotopes of uranium or enriching uranium in the isotope 235," ds defined in the amended Act.
The NRC is issuing the proposed rule allowing 75 days for public comment and has specifically requested comments on the proposed rule and the draft regulatory analysis.
Sincerely, Eric S. Beckjord, Director i
Office of Nuclear Regulatory Research i
Enclosure:
Federal Register Notice cc:
Senator Alan K. Simpson
.~
l p**%g 3%-
-/
UNITED STATES 3'*
NUCLEAR REGULATORY COMMISSION g
f[
WASHINGTON, D.C. 20555 o
+...*
i i
The Honorable Peter H. Kostmayer, Chairman Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs i
United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
l In a few days, the Nuclear Regulatory Commission (NRC) will publish in the Federal Register the enclosed proposed amendments to the NRC's regulations 4
concerning uranium enrichment facilities.
These proposed amendments are being i
promulgated by the Commission to change its rules for regulation of uranium enrichment facilities to conform to amendments made to the Atomic Energy Act of 1954 (the Act) by the " Solar, Wind, Waste, and Geothermal Power Production i
Incentives Act of 1990," signed by the President on November 15, 1990. The proposed conforming amendments are to 10 CFR Parts 2, 40, 50, 51, 70, 75, 110, 140, 150, and 170.
The principal effect of these conforming changes is that uranium enrichment j
facilities will be licensed subject to the provisions of the Act for source and i
special nuclear material rather than the provisions for a production facility.
These proposed conforming changes include the specific requirements for 2
environmental review, adjudicatory hearings, inspection before operation, and liabilit device (y insurance. The changes apply to the licensing of "any equip.aent or
,i or important component part especially designed for such equipment or device) capable of separating the isotopes of uranium or enriching uranium in the isotope 235," as defined in the amended Act.
The NRC is issuing the proposed rule allowing 75 days for public comment and has specifically requested comments on the proposed rule and the draft regulatory analysis.
Sincerely, l
Eric S. Beckjord, Director Office of Nuclear Regulatory Research
Enclosure:
Federal Register Notice cc:
Representative John J. Rhodes
(
pa arov 3*
h UNITED STATES
^
NUCLEAR REGULATORY COMMISSION
- [%.% ' c WASHINGTON, D.C. 20566 o
pl The Honorable Philip R. Sharp, Chairman Subcommittee on Energy and Power Committee on Energy and Commerce United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
In a few days, the Nuclear Regulatory Commission (NRC) will publish in the Federal Register the enclosed proposed amendments to the NRC's regulations concerning uranium enrichment facilities. These proposed amendments are being promulgated by the Commission to change its rules for regulation of uranium enrichment facilities to conform to amendments made to the Atomic Energy Act of 1954 (the Act) by the " Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990," signed by the President on November 15, 1990. The proposed conforming amendments are to 10 CFR Parts 2, 40, 50, 51, 70, 75, 110, 140, 150, and.170.
The principal effect of these conforming changes is that uranium enrichment facilities will be licensed subject to the provisions of the Act for source and special nuclear material rather than the provisions for a production facility.
These proposed conforming changes include the specific requirements for environmental review, adjudicatory hearings, inspection before operation, and liabilit device (y insurance.
The changes apply to the licensing of "any equipment or or important component part especially designed for such equipment or device) capable of separating the isotopes of uranium or enriching uranium in the isotope 235," as defined in the amended Act.
The NRC is issuing the proposed rule allowing 75 days fo'r public comment and has specifically requested comments on the proposed rule and the draft regulatory analysis.
Sincerely, Eric S. Beckjord, Director Office of Nuclear Regulatory Research
Enclosure:
Federal Register Notice cc:
Representative Carlos J. Moorhead
.c.
4 4
i i
k 4
i 1
2 5
i i
1 j
ENCLOSURE D Draft Public Announcement s
4 4
4 4
a
)
i i
t l
Public Announcement i
NRC PROPOSES CHANGES TO REGULATIONS FOR URANIUM ENRICHMENT FACILITIES 1
1
)
j The Nuclear Regulatory Commission has issued a proposed rule setting out how it plans to change its requirements to conform to recent amendments to the Atomic Energy Act regarding regulation of uranium enrichment facilities.
Prior to the amendments to the Act, uranium enrichment facilities would l
have been licensed under the same part of the Commission's regulations as i
_ nuclear power plants. Under the amended Act they will be licensed under the j
portions dealing with other uses of nuclear materials.
Uranium must be enriched in the isotope uranium-235, whose atoms readily J
undergo fission and are therefore suitable for a chain reaction, before it can be used as a fuel in the type of nuclear power plants commonly used in the
]
United States.
There are no NRC-licensed enrichment plants in the country at the present time. All U.S. enrichment f acilities are owned by the Department of Energy and are not subject to NRC regulation.
However, on_ January 31, 1991,.the NRC received an application from Louisiana Energy Services for a license to construct and operate a facility for enrichment of uranium using' the gas i
centrifuge process. There is also a possibility, over a longer term, that i
legislation will be enacted that would put all or part of the Department of i
Energy's enrichment facilities under the jurisdiction of NRC regulations.
l Interested persons are invited to submit written comments by (75 days after publication of the proposed changes in the Federal Register on
).
The comments should be addressed to the Secretary, U.S.
-l Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and Service Branch.
l i
5 1
l I
)
i 1
i
, - - ~