ML20029D337
| ML20029D337 | |
| Person / Time | |
|---|---|
| Issue date: | 04/10/1991 |
| From: | Lesar M NRC OFFICE OF ADMINISTRATION (ADM) |
| 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 AD90-1-018, AD90-1-18, NUDOCS 9405050154 | |
| Download: ML20029D337 (55) | |
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UNITED STATES
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p, NUCLEAR REGULATORY COMMISSION gf 7
.Aj WASHINGTON, D C. 20555
%V p)o q H o\\t MEMORANDUM FOR:
C.
W.
Nilsen office of Nuclear Regulatory Research FROM:
Michael T.
Lesar, Chief l
Rules Review Section i
Regulatory Publications Branch Division of Freedom of Information and Publications Services Office of Administration
SUBJECT:
URANIUM ENRICHMENT REGULATIONS l
l l
The Rules Review Section has reviewed the proposed rule that i
would amend the regulations pertaining to the licensing of uranium enrichment facilities in 10 CFR Chapter I to reflect the requirements of Pub. L.
101-575.
We have enclosed a marked copy of the proposed rule that presents our comments.
We have suggested a revised sunmary statement that more clearly meets the requirements of the Office of the Federal Register (OFR) set out in 1 CFR 18.12.
In addition, we have made adjustments to the amendatory language and the presentation of the amendments that are necessary tc comply with OFR publication requirements.
You should consult with the Office of the General Counsel to determine whether the authority citations for the parts affected by this rulemaking must be amended to include a reference to Pub.
L.
101-575.
If the authority citationa are amended, then the corrected text should be presented as a revised citation.
If a change to the authority citation is not required, the correct amendatory instruction for the authority citation is "The authority citation for Part X continues to read as follows."
We have forwarded a copy of the proposed rule to the Records and Reports Management Branch, IRM for their comment / concurrence concerning paperwork management aspects of this rulemaking l
action.
In order to assist in the preparation of the list of documents
)
centrally relevant to this rulemaking action that is required by NRC's regulatory history procedures, the designator "AD90-1" should be placed in the upper right-hand corner of each document concerning the rule that is forwarded to the Nuclear Document System.
[gg505IS4940421 3,56FR4673Y ppg
C.H.
Nilsen 2
If you have any questions concerning this matter, please contact
- ne on extension 27758.
Nd N
Michael T.
Lesar, Chief Rules Review Section Regulatory Publications Branch Division of Freedom of Ir. formation and Publications Services Office of Administration
Enclosure:
As stated I
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N 1
For:
The Commissioners From:
James M. Taylor, Executive Director for Operations Subfect:
PROPOSED RULEMAKING - CONFORMING AMENDMENTS TO TITLE 10 0F THE CODE OF FEDERAL REGULATIONS FOR URANIUM ENRICHMENT REGULATION i
Purpose:
To obtain Commission approval of the proposed amendments.
Ba ckgrot.nd:
On November 15, 1990, the President signed the " Solar, Wind, Waste and Geothernal Power Production Incentives Act of 1990", Public Law 101-575, which amended the Atomic Energy Act (the Act) with respect to regulating uranium enrichment facilities.
By memorandum dated December 20, 1990, the Office of Nuclear Material Safety and Safeguards (NMSS) requested that the Office of Nuclear Regulatory Research (RES) initiate a rulemaking to incorporate appropriate sect 4erfs or
/,, m is h nt Public Law 101-575 by = cent +-to-T4t4edfl./Tife principa gi/hi^
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amendment to the Act made by Public Law 101-575 changes the
, ge i
definitior. of a production facility to exclude uranium gpp & g
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enrichment. Thus, licensing of uranium enrichment plants now wi_11 be performed pursuant to 10 CFR Parts 40 and 70, rather L, p /N,'
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thanl10 CFR Part 50. Further, a new Section 193 added to the J
Act by Public Law 101-575 contains requirements for environmental review, adjudicatory hearings, inspection before operation, and liability insurance.
and conforming changes need to be made to T4t-le-10sAs a result, a num jj, gep/,
j "I
Dfscussion:
This paper proposes amendments to 10 P r s 40 50, l
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.
CONTACT:
' C. Milsen
-(301)492-3834
l l
l INSERT A (2)
Certify that this rule, if adopted would not have l
a significant economic impact on a substantial number of small entities in order to satisfy the requirements of the Regulatory Flexibilit.y Act (5 U.S.C. 605(b))
(3)
Note:
l (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 final rule because it meets i
the criteria for a categorical exclusion under 9 51.22 (c)(1).
(c)
That the Subcommittee on Nuclear Regulation of the Senate Committee on Environment and l
Public Works and the Subcommittee on Energy l
and Power of the House Committee on Energy and Commerce and the House Committee on
)
Interior and Insular Affairs will be informed i
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 l
Small Business Administration will be informed of the certification and the reasons-for it as required by the Regulatory Flexibility Act.
l l
(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 interested persons.
NOTE-If the proposed rule is submitted for ACES and/or CRGR review, these actions should also be included in this notation section.
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The Commissioners 3
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Con resliona) commit 6 will be in Dr3ed of this c.
p ro p,o s e d rIil e ma k i rig ~( EiicT DIlifd'T).
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'~~ L ___. _
James M. Taylor Executive Director for Operations
Enclosures:
4 4. Federal Register Notice of Prcpesed Rulemaking
- 07. Draft Regulatory Analysis 61 -3. Draft Public Announcement-C 4. Congressional Letters o
t i
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o The Commissioners 2
On January 31, 1991, NMSS received the anticipated application from Louisiana Energy Services (LES) for a license to construct and operate a facility for enrichment of uranium using the gas centrifuge process. The receipt of the LES application initiated this proposed rulemaking as high priority rulemaking. These conforming amendments to Title 10 are scheduled to be completed. (final) in early 1992.
5z rF/t (}nphn E The staff and OGC do not foresee any procedural obstacles for the LES license application proceeding that cannot be f/ /id accommodated within existing Comission procedures.
/4/3
',// g Nevertheless, 0GC has advised the staff thatIconforming
/foa/ je/f rulemaking should be undertaken with the goal of making
}t.cefer-%g -"1x final before the mandatory hearing on the LES license application is expected to be completed (July 1992).
~
This'rulemaking aclion meets the criterion for categorical ~'
exclusionif4a.f[R 51.,22[c)(3}Tand theFeiore an environmental assessmentyn-enTTYonmentaLimpact statement is not required N_
Coordination:
The Offices of Administration, Enforcement, and Nuclear Material Safety and Safeguards concur in this proposed rulema king. The Office of General Counsel has reviewed this proposed rulemaking and has no legal objections.
j Recommendation:
That the Commission:
1.
Approve for sublication the Notice of Proposed Rulemaking (Enclosure 1) for a 75-day public comment Y
~~s pyhF 4)7 2 b ote that:
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'~,1 a.
A draft gulatory analysis (Enclosure 2) will be availabl inst goom.-
b.
A publig announcement'(Enclosure 3) will be Mssve~3 N
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_-/
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1
o The Commissioners 3
c.
Congressional committees will be informed of this proposed rulemaking (Enclosure 4).
James M. Taylor Executive Director for Operations Enciosures:
- 1. Federal Register Notice of Proposed Rulemaking
- i
- 2. Draft Regulatory Analysis j
- 3. Draft Public Announcement i
- 4. Congressional Letters Distribution NILSEN/COM. PAPER / URANIUM DCool RPHEB R/F Cfr./Chron EDO R/F JMTaylor OGC PLoysen, KMSS (MS-6H3)
EBeckjord CJHeitemes EMorris MCostanzi JUang CNilsen 0FFC:RFifEB:DRA RPHEB:DRA RPHEB:DRA DD:DRA D:DRA OGC NMSS RAME:CHilsen:dm JWang DCool NCostanzi BMorris DATE: /- /91
/ /91
/ /91
/ /91
/ /91
/ /91
/ /91 0FFC:DD/GIR:RES D:RES ED0 RAME:CJHeltemes EBeckjord JMTaylor QATE: / /91
/ /91
/ /91 0FFICIAL RECORD COPY I
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[7590-01]
NUCLEAR REGULATORY COMMISSION 10 CFR Parts 40, 50, 51, 70, 75, 110, 140, 150, and 170
/UA) JJ50 - AD PO C:nferainy Amenaments to i1 tie strui i.he--Cude Uf-Federaid.
- Dan" 4tiuna fin-Uranium Enrichment Regulations J
AGENCY: Nuclear Regulatory Commission.
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ll p.1ACTION: Proposed rule.
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SUMMARY
- The Nuclear Regulatory Commission (Ndis proposing to amend its rul far the licensing of uranium enrichment facilities to conform to amendments s
made to theftomic Energy Act of 1954 (the Act) by the " Solar, Wind, Waste,
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and Geothermal Power Production Incentives Act of 1990," signed by the-'/
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The principal effect of these/
Frasident on November 15,N 1990.
conforming
.7 chariger ts that uranium enrichmeqt facilities will be licensed subject to the N
prnvisfons of the Act for source and special nuclear material rather than the N
provfifons for a production facility. These' proposed conforming changes for j~
N the Ticensing of uranium enrichment facilities also include specific requirements
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f(or environmental review, adjudicatory hearings, inspection before operation, N
and Tiability insurance. The proposed conforming changes apply to tlie dicensing 1
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SUMMARY
The Nuclear Regulatory Commission (NRC) $s proposing to i
amend its regulations copncerning the licensing of uranium f
i enrichment facilities.
The proposed rule is necessary to' reflect-l changes mandated by the Solar, Wind, Waste, and Geothermal Power j
f Production Incentives Act of 1900.
The intended effect of the i
i l
proposed rule would be to license uranium enrichment' facilities urider the statutory provisions f or source and special nuclear material i.nstead of the statutory provisions-for a production facility.
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/ 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," as defined in the amended Act._
%.~,_-_'
DATE: Coment period expires (75 days from the date of publication in the FederalRegister).
Comments received after this date will be considered if it 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 a [n and 4:15 p m Federal workdays.
g g
Copies of the draft regulatory analysis and comments received may be examined at the NRC Public Document Room, 2120 L Street NW. (Lower Level),
Washington, DC.
FOR FURTHER INFORitATION 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, TeTephone(301)492-0685.
2
1 SUPPLEMENTARY INFORMATION:
Background
On November 15, 1990, the President signed the " Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990," Pubgeg 101-575, which amended the Atomic Energy Act (the Act) with respect to licensing uranium enrichment facilities. The principal amendment changes the definition of a production facility to exclude uranium enrichment for the purposes of Chapters IO and 16 of the Achus, licensing of uranium enrichment plants will be performed pursuant to 10 CFR Parts 40 and 70 rather than 10 CFR Part 50. However, Fyhe unium en,g,h,o ent S =d asfacility remains a production facility for other purposes of the Act.
Further, a new Section 193 added to the Act revised the requirements for licensing enrichment facilities with respect to the environmental review, adjudicatory hearfngs, inspection before operation, and liability insurance. A number of admirristrative and conforming changes need to be made to TM4e to implement S
p< g /jHr,gJ tire amendments to the Act.
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/0 CFA lJ f()r Of in/ n) EA
'h jpx Proposed Action
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The Commission is proposing eenf+rming lemaking. to amend 10 Parts 40,50, 51, 70, 75, 110, 140, 150, and 170 as required to implement 1
Puhycg 101-575.
FuhgiL 101-575 amended the Act to remove uranium enrichment facilities from
?
consideration as production facilities for the proposes of Chapters 10 and 16 i
3
))g of the Act.
result it-the icensing action on uranium enrichment applications will be subject to the licensing provisions of the Act for source and special nuclear materials. This change makes applicants for uranium fo C/=/2 enrichmentfacilitieswhoweresubjecttolicensingunder(Part50nowsubject i
r w rFP to licensing under/ Parts 40 and 70. The principal conforming amendments to st e//ec t n> ain h e inde ro a cpst Effect this change are-4Earts 40, 50, and 70. A definition for uranium
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7'o each of erTrichment facility is also addedf Uranium enrichment facilities remain j
i production facilities for chapters other than 10 and 16 of the Act for purposes afcontroTlingfex:/he th,
j portgofsensitiveequipmentandpreservationofFederal cuthorityinggreementstates.
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Five new licensing requirements, specific to the materials licensing ofy, w hU w dfu on uranium enrichment facilities,an[ required by the new Section 193 o[the Act N> e o '
are incTud$[/svenh foin the proposed confer-i)rehangen scs r p sc r,w s f o r s1 I'ici,
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The requirement for a single adjudicatory hearing before i{ssuance
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of a Ifcense for construction and operationf j J"
The requirement that a single license to allow construction and operation cannot be issued until the hearing is completed and a decision l
issued / /
The requirement that an Environmental Impact Statement (EIS) be prepared in accordance with the National Environmental Policy Act before the Ticensing hearing is completed.F i l
The requirement that the Comission, prior to commencement of operation, f
must vertfy by inspection that the facility has been constructed in accordance with the Ticense, and that a notice of the inspection results must be published in the Federal Register P '
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j 4
The requirement for public liability insurance. The licensee must carry public liability insurance against bodily injury, sickness, disease,' or death, or 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 or special material. The tnsurance must cover the risks of chemical compounds containing source or special nuclear material, thus specifically including the chemical toxicity risks associated with uranium hexafluoride.
Environmental Impact: Categorical Exclusion l
The NRC has determined that this proposed regulation is the type of action described in categorical exclusion 10 CFR 51.2P(c)(3). Therefore l
neither an environmental impact statement nor an environmental assessment has l
heen prepared for this proposed regulation.
Paperwork Reduction Act Statement This proposed rule contains no information collection requirements and therefore is not subject to the requirements of the Paperwork Reduction Act of 1980 (44 U. S. C. 3501 et seq.).
5
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4 Draf t Regulatory Analysis The Commission has prepared a draft regulatory analysis on this proposed reguTatton. The analysis examines the costs and benefits of the alternatives considered by the Commission. The draft analysis is available for inspection at the RRC Public Document Room, 2120 L Street NW. (Lower 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 of the draft analysis may be submitted to the NRC as indicated under the ADDRESSES heading.
Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act, 5 U. S. C. 605(b), the Commfssion certifies that, if promulgated, this rulemaking will not have a significant economic impact on a substantial number of small entities. The proposed rule, when prorculgated, 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 "smaIT 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.
6
1 i
Backfit Analysis i
The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this proposed rule, and 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 1
7
- art 40
,00 :: tic Licensin; cf ';uur w Mait:r iel P
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C csimiran t sien e //v R
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'Governmentcontracts?)
I Hazardous materials - transportation g C Nuclear materials p
pe=2!ty___O C
Reporting and recordkeeping requirements p ] )
C.Source material
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cUranium 2
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// Part 50 -femest40-Mcein;ng or Production and Utilization Facilities
' Antitrust ;
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7 CTassification information Dimin
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Fire protectiony) -)
Incorporation by referencepy C Intergovernmental relations C
MucTear power plants and reactors p
'Penafty A 7
Radiation protection,
CReactor siting criteria, 7 y
CiIeportisandrecordkeepingrequirementsg h Part 51 - Jnydeental Protection 4egulations for-06HiestWricensing'aD hi&TdtkResu4a-tory _EunctTON_
Administrative practice and procedure 7; b nmental impact statement
'3 C~Riclear matTrRis CRucWpower pla6ts and reactors p 3
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9e~poriingandrecord5eepingrequirementsg
[/ Part 70 ;De e: tic Lice-datof SpeciaLhuclear4ater4a4--Q.
L rh mil) pene H y -n a
(WIZ &rduus materials - transportation,
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~/y C RucTear mater Els 'D
- Packaging anc containers 77
'PenaTty-m-Radfation protection 7r 3 C' Reporting and recordkeeping requirements C
gA Scientific equipment y
C Security measures p
-~~..-.-~J (Specialnuclearmaterial g Part 75
,94feguards o_pM6cTear-Mater 4al'c'TipTeirentation nt us/IAEA p
'Mg_rkepent On'" i a al f)Pn
- Ny,9J e
Intergovernmental relations,
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!!ucTear materials,
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d a
k1 Ruclear power plants and reactors Venalty Reporting and recordkeeping requirements C~e~curity measuresg S
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Part 110,brpor.t_And JapoWUf nuclear Eqtripment and-ftaterta-1 q
Administrative practice and procedure g Classified information C7 h"/aa / />' " // j7
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g c
Export
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a s) g _ ort l
Imp yg c
Incorporation by reference p -)
c Intergovernmental relations CNucTear materials yi l
E NucTear power plants and reactorsy3 j
fenalty c
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Reporting and recordke ng requirements g
Scientificequipmentg
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Part 140 -Jinanci3TP70tection Recuirements andJdemnity Agreementsb C
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'Lt $YdinaIy "nII e
occurrence
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7 E rgovernmental relations c
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Ruclear materials, CNaclear power plants and reactorsy
'FenMt&
- Reporting and re dkeepingrequirementsg 9
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D Part 150,Exempttons-and Cont 4mted4egulatory-Atrtherity in Ayeement4tetes Y
{antf in Gifshcrc L'aters Under Sedien 274 -O 1
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TETardous materials - transportation
@tergovernmentalrelationsb s HucTear materials
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' Reporting and recordkeeping requirement;D
@rity measures '
I Sourcemateriai")
Mcialnuclearmaterialg
_ art 4744eEKhr-facilitiE!randeter_ials_14re1Gie'ihrnd4ther Regulator i krvtres4ndeNtetaic-Ece%Act of_ IS54 Wended.
M> pr My Byproduct material en-/>aymee/
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y c Nuclear materials,
7 ScTear power plants and reactorsg RepKTty-Saurce materialg je)
'Special nuclear materialg For these reasons set forth in the preamble and under the authority of the l
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 confirming amendments to 10 CFR Parts 40, 50, 51, 70, 75, 110, 140, 150 and 170.
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PART 40- DOMESTIC LICENSING OF SOURCE MATERIAL i
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1.
The authority citation for Part 40 k revin to read as follows:
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AUTHORITY: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat. 932, 933,935, 948, 953, 954, 955, as amended, secs.11e(2), 83, 84, Pub. L.95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C.
20I4(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).
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);
El40.3,40.7(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,1611, and 1610, 68 Stat. 948, 949, and 950, as amended (42 U.S.C. 2201(b), 2201(i), and 2201(o)); and 59 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)).
11
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2.
In 5 40.4 the term " Uranium Enrichment Facility" is addied to read as 7/
foT10ws:
E 40.4 Definitions.
l
" Uranium. Enrichment Facility means - -
l
[ (1) Any facility used for separating the isotopes of urr'ium or l
//
enriching uranium in the isotope 235; or
/h (2) Any equipment or device, or important component part especially designed for such equipment or device, capable or separating the i isotopes of uranium or enriching uranium in the isotope 235.
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pos u up h 3.
Section 40.5 is amended by adding b)(1)(vi) to read as follows:
1 E 40.5 Communications.
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/[(b)
//0 (1.)
// (vi) Separating the isotopes of uranium or enriching uranium in the tsotope 235.
12
f y,ea y v/'/'3 4.
Section 40.31 is amended by adding
) and (1) to read as follows:
E 40.31 Applications for specific licenses.
M (k) An application for a license to possess and use source material in an mn7
~vranium enrichment facility sha41;be accompanied by an Environmental jj Report required under Subpart A of Part 51 of this chapter.
/8 (1) Each application for a license for aguranium enrichment facilityk psrust jf sha&T includ? the applicant's provisions for public liability insu rance.
O
.f t1/19)/lY 5.
Section 40.32 is amended by revising paragraph (e) and adding
)and (h) to read as follows:
E 40.32 General requirements for issuance of specific license.
(e) In the case of an application for a license to possess and use source and byproduct material for uranium milling, production of uranium hexafluoride, uranium enrichment or for the conduct of any other s
i 13
'j activity which the Commission determines will significantly affect f
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 f
pursuant to Subpart A of Part 51 of this chapter, has concluded after
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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, I'
with any appropriate conditions to. protect environmental values.
f ois Commencement of construction prior to such_ [ conclusion shall bc [ if f
grounds for denial of a license to posses and use source and l
byproduct material in such plant or facility. As used in this i
4
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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
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exploration, necessary roads for site exploration, borings to
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j determine foundation conditions, or other preconstruction monitoring
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or testing to establish background information related to the uitability of the site or the protection of environmental values.
8 (g) Where the proposed activity is uranium enrichment, the applicant's C
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4publicliabilityinsuranceisadequate.
/0 (h) The Commission will hold a hearing after at least 30-days' notice and publication once in the Federal Register on each application for a license to construct and operate an uranium enrichment facility.
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of 6.
In 5 40.65, paragraph (a) is revised to read as follows:
E 40.65 Effluent monitoring reporting requirements.
// (a) Each licensee authorized to possess and use source material in I' uranium milling, production of uranium hexafluoride, or in ag uranium enrichment facility shall:
PART 50- D0t1ESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES 7.
The authority citation for Part 50 is revised to read as follows:
l AUTiiORITY: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat.
936, 937, 938, 948, 953, 954, 955, 956, as amended, 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.
15
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 50.70 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);
if 50.46(a) and (b), and 50.54(c) are issued under sec.161b,161+and-1frio 68 Stat. 948, as amended (42 U.S.C. 2201(b)); il 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),
l l
50.49(a), 50.54(a), (i), (i)(1), (1)-(n), (p), (q), (t), (v), and (y),
t 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 il 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,and50.90are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
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8.
In 5 50.2 the term " Production Facility" is revised to read as follows:
j i
i 50.2 Definitions.
A*Productionpcilitykeans-([
- W 16 l -
i
[(2)Anyfacilitydesignatedorusedfortheseparationofthe
[isotopesofplutonium,exceptlaboratoryscalefacilitiesdesignedor used for experimental or analytical purposes only; or
+
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+
9.
In 5 50.33a, paragraph (e) is revised to read as follows:
I E 50.33a Information requested by Attorney General for antitrust review.
1
/8 (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 l 2.101 of this chapter.
PART 51-ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS
/j (cm l} nuer
- 10. The authority citation for Part 50 i-s revised to read as follows:
AUTHORITY: Sec.161, 68 Stat. 948, as amended (42 U.S.C. 2201); secs.
ZOI, as amended, 202, 88 Stat.1242, as amended, 1244 (42 U.S.C. 5841, 5842).
17
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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 41.
Sections 51.20, 51.30, 51.60, 51.61, 51.80, and 51.97, also issued under secs. 135, 141 Pub. L.
l 100-203,101 Stat.1330-223 (42 U.S.C.10155,10161, in1GB). section 51.22
,r~
also tssued under sec. 274, 73 Stat. 688, as amended by 92 Stat. g6-3038 r!Of[, \\
cf :
(42 U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, sec.121, 96 Stat.
U l
2228 (42 U.S.C. 10141).
Secs. 51.43, 5167, and 51 09 also issued under Nuclear l
Waste Policy Act of 1982, sec.114(f), 96 Stat. 2216, as amended (42 U.S.C.
l l
10I34(f)).
(h
- 11. In 5 51.14 the term " Uranium Enrichment Facilitv' is added as 2
foTlaws:
/0
/
E El.I4 Definitions.
" Uranium. Enrichment Fac3ty" m ans
// (1) Any facility used for separating the isotopes of uranium or
//
enriching uranium in the isotope 235; or
//
(2) Any equipment or device, or important component part especially jj f designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235.
18
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- 12. Section 51.20 is amended by adding
)(15) to read as follows:
E 5I.20 Criteria for and identification of licensing and regulatory actions requiring environmental impact statements.
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(b)
(15) Issuance of a license for construction and operation of a uranium enrichment f acility.
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- 13. Section 51.60 is amended by addingi(b)(1)(vii) to read as follows:
E 51.60 Environmental report - materials licenses 9 (b)
(I)
(vfi)
Possession and use of special nuclear material for N
f e
a( uranium enrichment facility.
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1 I4. Section 51.6 is amended by adding (c) to read as follows:
19
_,...,.... - _. ~.. _ _
E 51.97 Final environmental impact statement - materials license.
1
/[ (c) Uranium enrichment facility. A final environmental impact statement mn>
\\
s be prepared before the hearing on the issuance of a license for construction and operation of a uranium enrichment facility is ompleted.
l PART 70- DOMESTIC LICE!! SING OF SPECIAL NUCLEAR fiATERIAL l
confiners IE. The authority citation for Part 70 is-rev4 o read as follows:
l f
l 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, l
ZZ32,2233,2282); secs.201,asamended, 202, 204, 206, 88 Stat.1242, as amended, 1244,1245,1246 (42 U.S.C. 5841, 5842, 5845, 5846). ;
Sections 70.1(c)and70.20a(b)alsoissuedundersecs. 135, 141, Pub. L.
(97-425, 96 Stat. 2232, 2241 (42 U.S.C.10155,10161). Section 70.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C. 5851). Section 7U.21(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152). Section 1
70.3L 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 amended (42 U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68 Stat. 255 (42 U.S.C. 2236, 2237). Section 70.62 also issued under sec.108, 68 Stat 939, as amended (42 U.S.C. 2138).
20
1 For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
f 5 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(1),70.36,70.39(b)and(r',70.41(a),
70.42(a) and (c), 70.56, 70.57(b), (c), and (d), 70.58(a; :s)W. 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)); $9 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 ES70.5,70.9,70.20b(d)and(e), 70.38,70.51(b)and(1),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)).
+
- 16. In 5 70.4 the term " Uranium Enrichment Facility is added to read as follows:
i 70.4 Definitions.
(p
'UraniumEnrichmentFacility*keans, 71 (1) Any facility used for separating the isotopes of uranium or
~d enriching uranium in the isotope 235; or
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21
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[(2) Any equipment or device, or important component part especially
///
isotopes of uranium or enriching uranium in the isotope 235.
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- 17. Section 70.5 is amended by addingl(b)(1)(vii) to read as follows:
I f 70.5 Comunications.
(b)
M (1)
(vii) Uranium Enrichment Facility.
n aw yrh pe 18.
Section 70.21 is amended by' revising paragraphy (a)(1) and adding (h) to read as follows:
E 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 f uranium enrichment facility, by fil copies N
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of the application with the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, n
Washington, D C 20555.
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// (h) An application for a license for a) uranium enrichment facility shell
[be accompanied by an Environmental Report required under Subpart A of
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j Part 51 of this chapter.
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- 19. Section 70.22 is amended by adding
) to read as follows:
fn3 E 70.22 Contents of applications.
I rn
/8(n()-Eachapplicationforalicensewheretheproposedactivityisuranium f/
enrichment shall include the applicant's provisions for public liability insurance.
hy 20 Section 70.23 is amended by revising paragraphs (a)(7) and (a)(11) andladding((a)(12) and (c) to read as follows:
jnney -pla i 70.23 Requirements for the approval of applications.
)
8'(a)
// (7) Where the proposed activity is processing and fuel fabrication, scrap recovery, conversion of uranium hexafluoride, uranium genrichment y
//'
or any other activity which the Commission determines will significantly affect the quality of the environment, the Director of tluclear Material Safety and Safeguards or his designee, before 23
s E
1
,f
]
j/
commencement of construction of the plant or facility in which the f
activity will be conducted, on the basis of information filed and evaluations made pursuant to Subpart A of Part 51 of this chapter, i
has concluded, after weighing the environmental, economic, technical,
)
i i
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 se & #4/r 15
~
conclusion shalH[ grounds for denial to possess and use special nuclear material in such plant or facility. As used in this l
paragraph the term " commencement of construction" means any clearing a
of land, excavation, or other substantial action that would adversely k
affect the environment of a site. The term does not mean site exploration, necessary roads for site exploration, borings to determine foundation conditions, or other preconstruction monitoring a
or testing to establish background information related to the suitability of the site or the protection of environmental values.
[ (II) Where the proposed activity is processing and fuel fabrication, scrap
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[ recovery, conversion of uranium hexafluoride, or uranium enrichment j
the applicant's proposed emergency plans are adequate.
//2 (12) Where the proposed activity is construction and operation of an uranium enrichment facility, the applicant's public liability
//
]
insurance is adequate.
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s 24
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(c) The Commission will a hearing,af ea t 0-da o
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publicatiortanc the Federal Registee each application for a y
X license to construct and operate af uranium enrichment facility. 'f 7}e devir; a il/ Je de/c/,n.
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21 Section 70.25, is amended by revising paragraph (a) to read as follows:
E 70.25 Financial assurance and recordkeeping for decommissioning.
/ (a ) Each applicant for a specific license authorizing the possession and 5
use of unsealed special nuclear material in quantities exceeding 10 times the applicable quantities set forth in Appendix C to 10 CFR Part 20 or a uranium enrichment facility shall submit a decommissioning funding plan as described in paragraph (e) of this section. A deconsnissioning funding plan must also be submitted when a combination 5
of isotopes is involved if R divided by 10 is greater than 1 (unity rule), where R is defined here as the sum of the ratios of the quantity of each isotope to the applicable value in Appendix Cv4 /0 N /" #
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- 22. Section 70.31 is amended by adding 3(e) to read as follows:
-. ~ _..
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[ 70.31 Issuance of the license.
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8 (e) N icense for a uranium enrichment facility will be issued before
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the completion of the hearing and a decision issued on the application for license to construct and operate such a facility.
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- 23. Section 70.32 is amended by adding (k) to read as follows:
E 70.32 Conditions of licenses.
M
[ (k) 14{p son with a license authorizing the possession and use of f
,C special nuclear material in a# uranium enrichment facility may /c>b commence operation of the facility before the Commission verifies i
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through inspection that the facility has been constructed in accordance with the requirements of the license for construction and I
operation. The Commission shall publish notice of the inspection results in the Federal Register.
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- 24. Section 70.59 is arrended by revising paragraph (a) to read as foTTows:
E 70.59 Effluent monitoring reporting requirements.
(a) Each licensee authorized to possess and use special nuclear material
//
f for s'ep' Arc'tGrr%fghpf)6pfA ofMM6r,1nrichmetft' oNPranilmRirG-5
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26
X ifs 40pe4%p processing and fuel fabrication, scrap recoveryg conversion of uranium hexafluoride, or Ghe( uranium enrichment y
(4fity shall:
PART 75-SAFEGUARDS ON NUCLEAR MATERIAL-IMPLEMENTATION OF US/IAEA AGREEMENT (an tin"N
- 25. The authority citation for Part 75 is-rev4 o read as follovs:
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).
Section 75.4 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat.
2232, 2241 (42 U.S.C. 10155, 10161).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
the provisions of this part are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
- 26. In i 75.4 the i.e., term-*17EffilimTn~rTthmeni recility"-iw added and-a--.
s 7
ar>c/ rs) as e p
mparagraphI(k)(6)(k added to read as follows:
i 75.4 Definitions.
27
[(G
/t ium Enrichment Facility means 8 (1) Any facility used for separating the isotopes of uranium or hnrichinguraniumintheisotope235;or N
I (2) Any equipment or device, or important component part especially
)
//
[designedforsuchequipmentordevice,capableofseparatingthe
=
i isotopes of uranium or enriching uranium in the isotope 235.
f x
4 (k) 4 (6) Uranium enrichment facility.
PART 110- EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL y,, fi nen
- 27. The authority citation for Part 110 is-revhe to read as follows:
AUTHORITY: Secs. 51, 53, 54, !, 63, 64, 6'5, 81, 82, 103, 104, 109, Ill, I26,127,128,129,161,181,182,183,187,189, 68 Stat. 929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as amended (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, 2112, 2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-2233, 2237, 2239); sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841).
28 w
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.S.C. 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 LLO.50(h)(3) also issued under sec. 123, 92 Stat. 142 (42 U.S.C. 2153).
1 Section 110.51 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C.
Z234). Section 110.52 also issued under sec.186, 68 Stat. 955 (42 U.S.C.
Z236). Sections 110.80-110.113 also issued under 5 U.S.C. 552, 554. Sections I10.30-110.35 also issued under 5 U.S.C. 553.
I For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
if I10.20-110.29, 110.50, and 110.120-110.229 also issued under secs. 161b and t, 68 Stat. 948, 949, as amended (42 U.S.C. 2J01(b) and (1)); and 5 110.7a, 110.53 also issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C.
j 2201(o)).
- 28. In i 110.2 the new term " Uranium Enrichment Facility" is added to read as follows:
1 110.2 Definitions.
l
//
Uranium Enrichment Facility [means ;
//
(1) Any facility used for separating the isotopes of uranium or enriching ff uranium in the isotope 235; or l
29 l
(2) Any equipraent or device, or important component part especially designed for such equipment or device, capable of separating the Qsotopes of uranium or enriching uranium in the isotope 235.
cpof/r W b
- 29. Section 110.9 amended by adding to read as follows:
ce
$ 110.9 List of nuclear equipment and material under NRC import licensing authority.
(e) Uranium enrichment facility.
v-G PART 140- FINANCIAL PROTECTION REQUIREltENTS AND INDEliNITY AGREEliENTS duwn vi
- 30. The authority citation for Part 140 inevised to read as follows:
AUTHORITY: Secs.161,170, 68 Stat. 948, 71 Stat. 576, as anended (42 ti.5.C. 2201, 2210); secs. 201, as amended, 202, 88 Stat.1242, as amended,1244 (42U.S.C.5841,5842).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
if 140.11(a),140.12(a),140.13, and 140.13a are issued under sec.161b, 68 30
Stat. 948, as amended (42 U.S.C. 2201(b)); and 6140.6 is issued under sec.
I610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
II. Anew $140.13fb)isaddedtoreadasfollows:
b v'
E I40.I3A Amount of financial protection required for uranium enrichment faciTfty.
,uuta Each bolder of a license issued pursuant--t! Parts 40 or 70 of this chapter Ne#
n Hs o e it ~7-- es
/hr on af
/fer S.: ;= pares of separatin[the isotopes of uranium or enriching uranium in A
the isotope 235 is required to have and maintain liability insurancgof such-84 I"
' ' /
Me inteur"rrnw type and in sucf.. am>ounts p5 the Comission judges appropriate to cover liability he /he ihn/ r avs er,r cTaims; arising out of any occurrence within the United States hwithin u
or outside the United States, bodily injury, sickness, disease, or death, or Tass' of or damage to property, or loss of use of property arising out of or resuTting from the radioactive, toxic, explosive, or other hazardous properties of chemical compounds containing source or special nuclear material.
Proof of inwr ur & p a s n el financial protection sha[be filed with the Comissionb th nnner-of 6 140.15 b efes e rior-to issuance of the license under Parts 40 and 70 of this chapter.
31
PART 150- EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AfiD IN OFFSH0RE WATERS UNDER SECTION 274 32 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, a C amended (42 U.S.C. 5841).
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 secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
Section 150.17a also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152).
l Section 150.30 also issued under sec. 234. 83 Stat. 444 (42 U.S.C. 2282).
l For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
if 150.20(b)(2)-(4) and 150.21 are issued under sec.161b, 68 Stat. 948, as 1
l l
amended (42 U.S.C. 2201(b)); i 150.14 is issued under sec. 1611, 68 Stat. 949, i
as, amended (42 U.S.C. 2201(1)); and li 150.16-150.19 and 150.20(b)(1) are
(
fssued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
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- 33. In i 150.(the-new-tera."Uranitrir Eiirichment-Fac444ty"-is-edded and j
paragraph (h) is revised to read as follows:
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i
)
l 5 150.3 Definitions.
l 8)
Uranium Enrichment Facility,9 I
i means
// (1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235; or
//#(2) Any equipment or device, or important component part especially
[designedforsuchequipmentordevice,capableofseparatingthe p
\\
isotopes of uranium or enriching uranium in the isotope 235.
~
means:kiAnyequipmentordevicedetermined
/O (h)
' Production Facilit i
\\
[
by rule of the Comission 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 affect the IP health and safety of the public; orf(2) any important component part especially designed for such equipment or device as determined by the Commission. As used in this part production facility includes uranium enrichment facility.
33
PART 170- FEES FOR FACILITIES AND MATERIALS LICENSES AND OTHER REGULATORY SERVICES UNDER THE AT0f11C ENERGY ACT OF 1954, AS AMENDED gyy fim'r s
- 34. The authority citation for Part 170 i o read as follows:
AUTHORITY: 31 U.S.C. 9701, 96 Stat. IC51; 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).
- 35. In i 170.3,a new term " Uranium Enrichment Facility" is added and
'of Me Mm s'%4dsk ra u/).ty ;3 y-paragraph-(2)hevised to read as follows 1
f 170.3 Definitions.
f l
' ~ '
" Uranium Enrichment Facility means:
- 3 (1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235; or p'(2) Any equipment or device, or important component part especially designed for such equipment or device, capable of sep.arating the isotopes of uranium or enriching uranium in the isotope 235.
34
fgo VrlN') fqrc/ Ih h
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1 I
/f'(2) Any facility designed or used for the separation of the isotopes bofplutonium,exceptlaboratoryscalefacilitiesdesignedor ff used for experimental or analytical purposes only; or
[ /70, Y3 [A rrkn cl'C0
,,,,e,ppcl
- 36. In i 170.21 the table" Schedule of Facility Fees"is revise y
remoying OWcl A' er MAM 4 "'Y E-
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i 70::2 chedule of fees for production and utilization facilities review of.
standardreferenc.edesignapprovals,specialprojects,andinspectiIn.
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- 37. In 5 170.31 the table Schedule of Material Fees is revised by adding 11 (1)(E) to read as follows:
E 170.31 Schedule of fees for materials licenses and other regulatory services, including inspection.
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SCHEDULE OF MATERIALS FEES (See footnotes at end of table)
Category of materials licenses and type of feesU U' U Fee Sp u i;,) /2 url*'"' A ? 2 'wa ' !
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License for possession and use of special nuclear material in a uranium enrichment facility.
Application...
$125,000 License, Renewal, Amendment...
Full Cost Inspection:
Routine...
Full Cost
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Nonroutine...
Full Cost
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activit'ics pursuant to 10 CFR Parts 30, 40, 70 and 72:-
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Import and Export licenses:
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Licenses for the. import and export only'of N,
special nuclead material, source material,'N, and byproduct material issued pursuant to 10 CFP.
Part 110.
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Renewal.
Full Cost N
Amendment Full Cost 1/ ynes of fees - Separate charges as shown in the schedule T
will be assessed for preapplication reviews and applications for new licenses and approvals, issuance of new licenses and approvals, amendments and renewals to existing licenses and approvals, safety evaluations of sealed sources and devices, and inspections.
The following guidelines apply to these charges:
(a) Annlication fees - Applications for new materials
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licenses and approvals or applications to reinstate expired i
licenses and approvals not subject to fees assessed at full cost i
l must be accompanied by the prescribed application fee for each category, except that 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.
(b)
License /aporoval/ review fees - Fees for applications j
for new licenses and approvals subject to full cost fees (fee Categories 1A, 1B, 2A, 4 A, SB, 10A, 11, 12, 13A, 14, and 15) are due upon notification by the Commission in accordance with j
S 170.12(b), (e) and (f).
1 (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 I
(fee Categories 1A, 1B, 2A, 4 A, 5B, 10A, 11, 12 13A, 14, and 15) are due upon notification by the Commission in accordance with S 170.12(d).
(d)
Amendment fees - Applications for amendments to licenses and approvals, except those subject to fees assessed at full costs, must be accompanied by the prescribed amendment fee for each license affected.
An application for an amendment to +
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For those licenses and subject to full costs (fee Categories 1A, 1B, 2A, 4A, appr:
5B, 10A, 11, 12, 13A, 14 and 15), amendment fees are due upon notification by the Commission in accordance with S 170.12(c).
An applic
. 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 applis. ; ion 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 procedure is required, are not subject to fees.
(e)
Inspection fees - Separate chargee will ha assessed for each routine and nonroutine inspection performed, includihg inspections conducted by the NRC of Agreement State licensees who
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provisions of 10 CFR 150.20.
Inspections resulting from investigations conducted by the Office of Investigations and 1
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 S 170.20 to which any applicable contractual support services costs incurred will be added.
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 S 170.12(g).
See Footnote 5 for other inspection notes.
2/ ees will not be charged for orders issued by the F
Commission pursuant to 10 CFR Part 2.204 nor for amendments resulting specifically from such Commission orders.
- However, fees will be charged for approvals issued pursuant to a specific exemption provision of the Commission's regulations under Title 10 of the Code of Federal Regulations (e.g., SS 30.11, 4 0'. 1 4,
70.14, 73.5, and any other sections now or hereafter in effect)
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'ghregardless 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 Categories 9A through 9D.
2/ ull cost fees will be determined based on the F
professional staff time and appropriate contractual support services expended.
For those applications currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the review of the application up to the effective date of this rule will be determined at the professional rates established for the June 20, 1984, January 30, 1989, and July 2, 1990, rules, as appropriate.
For those applications currently on file for which review costs have reached an applicable fee ceiling established by the June 20, 1984, and July 2, 1990 rules, but are still pending completion of the review, the cost incurred after any applicable ceiling was reached through January 29, 1989, will not be billed to the applicant.
Any professional staff-hours expended above the~,e ceilings on or after January 30, 1989, will be assessed at the applicable rates established by S 170.20, as appropriate, except for topical reports whose costs exceed $50,000.
Costs which exceed $50,000 for each topical report, amendment, revision or supplement to a topical report completed or under revisw from January 30, 1989, to the effective date of this rule will not be M2 _.
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Any professional hours expended on or after the effective date of this rule will be assessed at the rate established in S 170.20.
In no event will the total review costs be less than twice the hourly rate shown in S 170.20.
ULicensees paying fees under Categories 1A and 1B are t
subjhot to fees under Categories 1C and 1D for sealed sourcesi
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Applicants for new licenses or renewal of existing l
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licenses that cover both byproduct material abd special nuclear f
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material in sealed N'ources for use in gauging devices will pay the appropriate applic tion or renewal fee for fee Category 1C 1
only.
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, installations or manufacturing inssallations at more than one i
address, a separate fee will be assessed for inspection of each location, except that if the multiple installations are inspected during a single visit, a single inspection' fee will be assessed.
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The heading for 10 CFR Part 171 is revised to read as follows:
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PART 171 -- ANNUAL FEES FOR REACTOR OPERATING LICE S'ES, AND FUEL CYCLE LICENSES AND MATERIALS LICENSES, INCLUDING
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Dated at Rockville, Maryland, this day of
, 1991.
1 For the Nuclear Regulatory Commission.
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Samuel J. Chilk, Secretary of the N
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Regulatory Analysis t4*-tif Proposed Rulemaking Conforming tO j
l 10 CFR PARTS 40, 50, 51, 70, 110, 140,-150, and 170/er hium Enrichment Regulation; xJW-4,s pf $d. A.
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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 Energy Act (the Act) with respect to regulating uranium enrichment. The principal amendement changed the definition of a production facility to exclude uraniumenrichment4 us, licensing of uranium enrichment plants will be performed pursuant to 10 CFR Parts 40 and 70, rather than 10 CFR Part 50.
8 -O ^.h ::. g new Section 193 of the Act contains revised requirements for enrfchment facilities with respect to environmental review, adjudicatory hearings, inspection before operation, and liability insurance and decom-missioning, and indemnification. A number of administrative and conforming CF/t C/jejrfest 3
changes need to be made to Mo /G implement the amendments to the Act.
The Parts that need chang include 40, 50, 51, 70, 110, 140, 150, and 170.
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Obfective
)& CfX CAa/th a 2' Conforming amendments to the pertinent parts of Tit.le lu uFthe-Ccdc cf '
5edera4-Regula-t4 ens will be published for public comment in the Federal Register.
PubTic comments received will be considered in final rulemaking action.
3.
ATternatives fl' t There appear to be no alternatives to the codification of nforming reguTations. h pYrti ent paEtk of Title 10 of the~C6d ~ f7e~ ~ri1~lieguiations tred amendment to conform to he %ic Energy Actra amende N
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4.
Benefits and Costs 1
The chief benefit to the public, industry and NRC will be to have codified w wn csspfo s reguTations in T4*1e 10(conforming to the Atomic Energy Act as amended.
j This action 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.
The principle cost will be the expenditure of staff resources in codifying the requirements which is estimated at 0.5 staff years.
Codification of the requirements will also result in understanding of the procedures and requirements for Ticensing of enrichment facilities, and reduce the litigation burden that couTd result from not having the provisions of the Act codified in regulation.
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5.
Decision Rationale and Conclusion 1
Public Law 100-575 by amending the Atomic Energy Act of 1954, changes the way uranium enrichment facilities are licensed and adds several new procedural requirements. TheCommissions'regulationsseedtd~ con?d57 F
form to these changes.
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A proposed rule providing eenfermin(amendments to the Commissions' Jhe /> r e essey
,R'egulations should be published for public comment and codified through the j
formai rulemaking process.
1 6.
Implementa tion j
6.1 Schedule for Implementing the Proposed Requirements l
The rule is expected to be issued in final form in May 1992.
There are no current NRC licensees which will be covered under the rule. Accordingly, there i
are no issues pertaining to implementation for existing facilities.
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1 6.2 Relationship to Other Existing or Proposed Requirements There are no known impacts on or conflicts with other existing or proposed requirements.
3
t 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 40, 50, 51, 70, 75, 110, 140, and 17 g f t M Commi :icn r> A 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 f
special nuclearf aterial 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 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 isotope 235'G n / sdefined in the mended Act.
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g The NRC is issuing the proposed rule EcgiibTFc_commenfi er 5 da s nd has f
specifically requested corrments on the proposed rule, and the ra t regulatory analysis.
Sincerely, Eric S. Beckjord, Director Office of Nuclear Regulatory Research
Enclosure:
Federal Register Notice ccr Senator Alan K. Simpson Identical letters sent to:
The ifonorable Peter H. Kostmayer, Chairman cc: Representative John J. Rhodes The Honorable Philip R. Sharp, Chairman cc: Representative Carlos J. Moorhead See next page for Distribution 0FFC:RPHEB:DRA RPHEB:DRA DD:DRA D:DRA DD/GIR:RES D:RES RAME:CNilsen:dm JWang NCostanzi BMorris CJHeltemes EBeckjord DATE: / /91
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/ /91 0FF: OCA NAME:DRathburn DATE- / /91 0FFICIAL RECORD COPY