ML20041C428

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Denies 810105 Request for Exemption from 10CFR App E Requirements Re Installation of Prompt Notification Sys. Implementation on Sys Required by 820201
ML20041C428
Person / Time
Site: Oyster Creek
Issue date: 02/08/1982
From: Eisenhut D
Office of Nuclear Reactor Regulation
To: Fiedler P
JERSEY CENTRAL POWER & LIGHT CO.
References
LSO5-82-02-027, LSO5-82-2-27, NUDOCS 8203010371
Download: ML20041C428 (7)


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Dear Mr. Fiedler:

This is in response to your letter received by us on January 5,1981 requesting an exemption from the 10 CFR Appendix E requirements con-cerning installation of the prompt notification system by February 1, 1982.

The revised emergency plannina regulation, which became effective November 3,1980, required that, by July 1,1981, the licensee decon-strate that administrative and physical means were established for alerting and providing prompt instruction to the public within the I

plume exposure pathway Emergency Planning Zone. Many licensees did not meet this requirement by July 1,1981; the failure attributed to unforeseen difficulties and uncertainties surrounding the design, procurement and installation of the prompt noti #ication systems.

In August, the Commission proposed the extension of the July 1,1981 date to February 1,1982, but detennined that if the systems were not installed and operable by February 1,1982, the licensees would be subject to enforcement action. On December 30, 1981, a final rule change which was immediately effective, delayed this implementation

.date for prompt public notification systems from July 1,1981 to February 1,1982 (46 FR 63031).

When the Commission chose the February 1,1982 deadline, they were aware that some licensees were estimating that they might not be able to complete installation of their systems by that date.

Even with this knowledge, the Commission decided that the February 1,1982 date was reasonable, given the fact that all licensees shcald have been able to meet this deadline by I

having applied sufficient resources to the task without delay. This is particularly true since the licensees have known of the requirement since September 19, 1979, when the proposed rule changing 10 CFR 50 Appendix E was published in the Federal Register (44 FR 54308).

In view of the above, and the requirements of the final rule on the prompt public notification system, your request for an exemption cannot be granted.

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..3 Mr. P. B. Fiedler February 3,1982 However, in the course of the decision to delay the implementation date to February 1,1982, the Commission was aware as discussed above, that a licensees' inability to meet the July 1,1981 date could be attributed to causes beyond his control. The Commission will take into consideration any mitigating circumstances in determining the degree of enforcement action.

In this regard, your attention is directed to Paragraph 3 of Part II of the Supplementary Information Section of the Final Rule published in the Federal Register on December 30,108'i (FR Vol. 46, No. 250, Pages 63031 - 63033 copy enclosed).

Sincerely, PM's '11 Gigned b'f

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Darrell G. Eisenhut, Director Division of Licensing Office of Nuclear Reactor Regulation

Enclosure:

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February 3,1982 Docket No. 50-219 LS05-82e02-027*

Mr. P. B. Fiedler Oyster Creek Nuclear Generating Station Post Office Box 388 Forked River, New Jersey 08731

Dear Mr. Fiedler:

This is in response to your letter received by us on January 5,1982, as supplemented by your letter to the Chairman dated February 1,1982, requesting an exemption from the 10 CFR Appendix E requirements concerning

. installation of the prompt notification system by February 1,1982.

The revised emergency planning regulation, which became effective November 3,1980, required that, by July 1,1981, the licensee demon-strate that administrative and physical means were established for alerting and providing prompt instruction to the public within the plume exposure pathway Emergency Planning Zone. Many licensees did not meet this requirement by July 1,1981; the failure attributed to unforeseen difficulties and uncertainties surrounding the design, procurement and installation ~of the prompt notification systems.

In August, the Commission proposed the extension of the July 1,1981 date to February 1,1982, but determined that if the systems were not installed and operable by February 1,1982, the licensees would be subject to enforcement action. On December 30, 1981, a final ' rule change which was immediately effective, delayed this implementation date for prompt public notification systems from July 1,1981 to February 1,1982 (46 FR 63031).

When the Commission chose the February 1,1982 deadline, they were aware that some licensees were estimating that they might not be able to complete installation of their systems by that date.

Even with this knowledge, the Commission decided that the February ~1,1982 date was reasonable, given the fact that' all licensees should have been able to meet this deadline by i

having applied sufficient resources to the task without delay. This is particularly true since the licensees have known of the requirement since September 19, 1979, when the proposed rule changing 10 CFR 50 Appendix E was published in the Federal Register (44 FR 54308).

Im view of the above, and the requirements of the final rule on the prompt public notification system, your request for an exemption cannot be granted.

?

Mr. P. B. Fiedler February 3,1982 However, in the course of the decision to delay the implementation date to

!ebruary 1,1982, the Commission was aware as discussed above, that a licensees' inability to meet the July 1,1981 date could be attributed to causes beyond his control. The Commission will take into consideration any mitigating circumstances in determining the degree of enforcement action.

In this regard, your attention is directed to Paragraph 3 of Part II of the Supplementary Information Section of the Final Rule published in the Federal' Register on December 30,1981 (FR Vol. 46, No. 250, Pages 63031 - 63033 copy enclosed).

Sincerely, arrell i's n u,

1 rector Division of Licensing Office of Nuclear Reactor Regulation

Enclosure:

As stated cc w/ enclosure:

See next page

Mr. P. B. Fiedler February 3,1982 ec G. F. Trowbridge, Esquire Resident Inspector Shaw, Pittman, Potts and Trowbridge c/o U. S. NRC 1800 M Street, N. W.

Post Office Box 445 Washington, D. C.

20036 Forked River, New Jersey 08731 J. B. Lieberman, Esquire Commissioner Berlack, Israels & Lieberman New Jersey Department'of Energy 26 Broadway 101 Commerce Street New York, New York 10004 Newark, New Jersey 07102 Natural Resources Defense Council Ronald C. Haynes, Regional Administrator 917 15th Street, N. W.

Nuclear Regulatory Commission, Region I-Washington, D. C.

20006 Office of Inspection and Enforcement 631 Park Avenue J. Knubel King of Prussia, Pennsylvania 19406 BWR Licensing Manager GGPU Nuclear

'100 Interplace Parkway Parsippany, New Jersey 07054 Deputy Attorney General State of New Jersey Department of Law and Public Safety 36 West State Street - CN 112 Trenton, New Jersey 08625 i

Ms. Phyllis Haefner 101 Washington Street Toms River, New Jersey 08753 Mayor Lacey Township 818 Lacey Road Forked River, New Jersey 08731 i

U. S. Environmental Protection i

Agency Region II Office ATTN:

Regional Radiation Representative 26 Federal Plaza New York, New York 10007 l

Licensing Supervisor 0yster Creek Nuclear Generating Station i

Post Office Box 388 Forked River, New Jersey 08731 b

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Rules and Regd!stions red =1 mimr Vol. 46. No. 250 Wednesday. December 30, 1981 This section of the FEDERAt. REGISTER On August 11.1981, the Cocunission This decision is based on a contains regulatory documents having discussed possible actions because recognition that emergency plans and general appheabity and legal effect. most licensees failed to comply with the July preparedness have significantly of which are keyed to and codified in 1.1981 requirement contained in 10 CFR improved within the last year at and 50.4r(b)[5) and to CFR 50. Appendix E, around every nuc! car power plant site.

p i d u der 5 ttes p uart o 44 Sect:an IV.D.3. The licensees' failure to This sigmficant improvement has been U.S C. t S t o.

The Code et Federal Regulations is told meet the July 1.1981 date was attributed confirmed by NRC teams wha have by the Supenntendent of Documents.

to unforeseen difficulties and visited a number of plant sites to Pnces of new books are listed in the uncertainties surrounding the design, evaluate the licensees' compliants with first FEDERAL REGISTER issue of each procurement and installation of the the upgraded emergency planning

  • ^ ^

prompt notification systems.

regulations of August 1980. In addition.

At the August 11.1981 meeting, the the Federal Emergency Management Commission approved publication of a Agency (FEMA) and the NRC have momtored numeroua nuclear emergency NUCt. EAR REGULATORY proposed rule change which would COMMISSION provide an extension of the July 1.1981 exercises invoiving State and local date to February 1.1982. (See 46 FR governmente and the licensees, and to CFR Part 50 46587).*112at Federal Register notice again have witnessed a significant requested public comment dtiring a 30 improvement on onsite and offsite Emergency Planning and day period ending October 21.1981.

emergency preparedness.

Preparedness for Production and To date comments have been The decision to delay the Utilization Facilities received from four NRC licensees, five implementation data is s!so based on AGENCY: Nuclear Regulatory individuals or organizations in the the recognition that there exist Commission.

nuclear industry, one from the general customary warning systems (police.

public, three from environmental radio telephone) which are viewed as ACTION: Final rule' organizations, one from a mass transit sufficiently effective in many postulated

SUMMARY

The Commission is making system director, and one from a State accident scenarios. In view of the above, two changes to its emergency planning governor.The comments received from the Commission finds that there exists sufficient reason to believe that regulations. The change to 10 CFR Part the general public and from the appropriate protective measures can
50. Appendix E delays the date by which environmental organizations were prompt public notification systems must against delaying the imple:nentation and will be taken for the protection of be_ operational around a!! nuclear power date to February 1982.The letters frem the health and safety of the public in the plcnts. The change to ! 5051 clarifies the other commenters generally agree event of a radiolegical emergency dcing the language of the rule to conform with with extending the imple=entation date the extended time period for the Commission's intent at the time of along with additional suggestions.

cumpliance.

promulgaton.

One suggested modification to the II. The Amendment to 10 CFR 50.54.

EFFECTIVE D ATE: December 30.1981.

proposed rule change, which has been Add ionally.10 CFR 50.54(s)(2).

accepted and included in these final curren y requires that.

FOR FURTHcR INFORM ATIoN CONTACT:

amendments. is not to eliminate the Michael T. Jamgochian. Human Factors I ur. month period for correction of any "For operating power reactors, the licensee.

Branch. Office of Nuclear Regulatory deficiencies identified during the initial State, and local emersency response plans Research. U.S. Nuclear Regulatory Commission. Washington, D.C. 20555 testing of the prompt notification shal' be implemented by April t.1981. except system. The Commission now believes as provided in Section IV.D.3 of Appendix E (telephone 301413-5942).

that the elimination of this four-month of this part.If after Apnll.1931.the NRC SUPPLEMENTARY INFORM ATION period Wou}d be inCCDsistent With the finds that the state of emersency f.The Amendment to 10 CFR Part 50 need to perform a reasonable test of the preparedness does not provide raasonable Appendix E system and make any needed changes assurance that adequate protective measures as indicated by the test results. The.

can and will be taken in the event of a On August 19,1980, the NRC enclosed effective regulation radiological emergency and if the deficiencies published a revised emergency plannm.g incorporates this concept. The are not corrected within four months of that regulation which became effective on nstallation date, however, remains finding. the Commission wi!! determine whether the reactor shall be shut down until November 3.1980.The rule required February 1.1982. and any licensee not such deficiencies are remedied or whether licensees to demonstrate, among other completing the installation by that date things, by July 1.1981:

would be subject to. enforcement action.

other enfcrcement action is appropriate."

that administratise and physical means After evaluating all public comment It has come to the Commission's ed o{ aler ng and letters received, the Commission has attention that because this section of the bnn esiabl

, o the public ecided to publish, as immediately regulation was wntien as one d,

, p within the plume exposure pathway EPZ.The effective, a f" mal rule change to 10 CFR paragraph. it can be interpreted to mean design objective shaII be to have the capabihty to essentially complete the initial Part 50. Appendix E which will delay the that the four month period for the notificat[on of the pubhc within the plume implementation date for the prompt correction of emergency preparedness exposure pathway EPZ within about 15 pubhc notification systems from july 1 deficiencies does not apply to "Section min u t es."

1901 to February 1.1982.

IV.D.3 of Appendix E."

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6 S 32 Federst E :: ster / Vol. 41 No. 250 / Wd:iesday. December 30. 1981 / Rules and Regulatiens j

This is a misinterpretation cf thi Rz:;ulit:ry Flexibility Act Statsmint D. A*otificanca Prvedures Commission's intent, which was that the Pursuant to the Regulatory Flexibility four month period is to apply to any Act of 1980. Pub. L 96-354, the NRC has

3. A licensee shallhave the capability to

"'d '" P "d' 8' # *'I deficiencies identified in the emergency determined:(1)Th.t the delaying of the Y

plans. The Commission is therefore implementation date for the prompt Ug!'j,$N'g'((e n',*rg"er' e see mocifytng i 50.M(s)(2) to more clearly public notification systems will not have shall demonstrate that the State / local reflect that Intent. The four-month a significant economic impa.:t on a oscials have the capability to make a pub 9 period provided in i 50.54(s)(2), wd. lnot substantial number of small entities, notification decision promptly on being apply to any licensee for the installation pursutnt to the Regulatory Flexibility infonned by the licensee of an emergency and initial test of the public notificadon Act of t9BO. section 605(b) and (2) that condition. By February L1982. each nucleaj system by February 1,1982.If a licensee the rule change to i 50.54(s)(2)is not power nactor licensee shah demonstrate L is not in compliance with this subject to the provisions of the administrative and physical means have be established for alerting and provid:,ns proE requirement for installation and testing Regulatory Flexibility Act of1980, by February 1.1982, the Commission because the Commission has determined p,]'u way a

men will consider taking appropriate

' pursuant to 5 U.S.C. 553 that a notice of period in la CFR 50.54(sX2) for the correctic enforcement actions promptly at that proposed rulemaking for i 50.54 (s)(2) of emergency plan deficiencies shan not time.In determimng appropriate need not be issued and that the rule may apply to the initialinstallation of th!s publiq enforcement action to initiate, the be promulgatedin final form and noti 5 cation system that is required by Commisdon will take Into account-become effective on December 30,1981.

February 1.1982. Thefour month period wi) among other factors. the demonstrated apply to correction of deficiencies identifie:

diligence of the licensee in attempting to Paperwork Reduction Act Statement during the initialinstallation and testing g/

fulfill the prompt public notification Pursuant to the provisions of the the Prompipublie n,otif/,'cotion systems er wellas dose de#ciencies desme.W capability requirement.The Commission Paperwork Reduction Act of 1980 (Pub.

there frer.The design objective of the pros _

will consider whether the licensee has L 96-511), the NRC has made a kept the NRC informed of the steps that detennination that this final rule does

[heepab 3t ss ati Hy piete it has taken, when those steps were not impose new recordkeeping, initial notification of the public with!n the taken and any significant problems information coDection, orreporting plume exposure pathway EPZ within about encountered, and.he updated timetable requirements.

15 minutes.The use of this notification which the licensee expects will be met Pursuant to the Atomic Energy Act of capability wi!! range from immediata in achieving full compliance with the 1954, as amended. the Energy no*ification of the public (within 15 ra'nutes prompt public notificarica capabilit7 Reorganization Act of1974, as amended, of the time that State andlocal of5cials am requirements.

  • Die four month period and section 553 of title 5 of the United notised that a situation exists requiring will however, apply to correction of States Code, the following amend nents

"'8'"' ***I"".I I" th* " " E'I '"

Y deficiereies identified during the initial to 10 CFR Part 50 are ublished as where there is substantial time available fog O' S' ""d I"C'I

  • """**'*I IUCI'I' '#

8 test of the prompt public notifi, cation documents subject to codification:

make a ludrnent whether or not to activate systems as well as those deficiencies the public notincation system. Where there i discovered thereafter.

PART 50--DOMESTIC IJCENSING OF a decision to activate the notincation syste-Because the amendment to PRODUCTION AND UTILIZATION the State and local officials wiD deterniine 1 i 50.54(s)(2) is interpretative and of a FACILITIES whether to setivate the entire nc+ific.Sen system simultane usly rin a graduated or minor nature, simply resolving,an The authority citation for Part 50 stage manner.The resp neibility for ambiguity in the rules to the re8d8 88 I II W8:

activating such a public notification system Commission's intended meaning at the

.me of promulgation. the Commission Authoritu Secs.103.104.181.18: 189. 63 shall remain with the appropriate Stat. 938. 937. 948. 953. 951. 955. SSS, as gcVernmental authoritses.

finds good cause to dispense with amended (4 U.S.C 2133. 2134. ni. :232.

advance ratice and oppornmity for 2,233,2:39);,,c,, g3,

,233,33 St,t 3 43,
2. I 50.54(s)(2) is revised to read as pubhc comment thereon as unnecessary. 1:44.1:46 (4:U.S.C 5841. 5842. 5848). unless For this reason. this change shall be otherwise noted.Section So. a also issued f0IIDW8:

effective as a final rule on December 30.

under sec.12:. 68 Stat. 939 (12 USC 0152).

[ 50.54 Cond;tions of Ucenses.

1981.

Section 50. s-50.a1 also issued under sec.

Likewise. the Commission is 184. 08 stat. 954. as amended (42 UAC. :234).

6" "" 30*INIO2 issued under sec.188.

(s) * *

  • publishing the final amendments to 10 CFR Part 50. Appendix E (extending the

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C.

dedy ' '

licensee. State. and local emergency (2)(i) For operati=g power reactors. @

implementation date for the installation U.S.C. r.:73) 5 So.41[ilissued under se.1811.

of a prompt public notification system) 68 Stat.949 (42 U.S.C 2201(i)): 1150.7u. 50.71.

response plans shall be implemented bg as effective immediately upon -

and 50.78 issued under sec.1 Slo. 68' Stat. 950, April 1.1981. cxcept as provided in -I publication. pursuant to 5 U.S.C.

as amended (42 U.S.C 201(o)). and the lawsSection IV.D.3 of Appendix E to this 553(d)(1). since the rule is expected to referred to in Appendices.

part.

relieve the obligation of certain

' Appendix E' IAmended]

(ii)If after April 1,1981,the NRCfin$

*"G YE#'E*"

licensees with respect to the present

1.Section IV.D.3 of Appendix E to july 1.1981 deadline for operational E

Part 50 is revised to read as follows-pubhc notification systems. In that that adequate protective measures can f

and will be taken in the event of a l

, regard, the Commission notes that the Appeedix E.-Emergency Planning and radiolog, cal emcgency (including final rule, when effective, will be Preparedness for Production and UtHization i

applied to ongoing licensing proceedings ' Facilities

  • findings based on requirement.s of I

APPendhE SectioniV.D.J) and if the '

now pending and to issues or l

contentions thctcia. Union of Concerned l

Scientists v. AEC. 499 F. 2d 10G9 (D.C.

  • ne regutetwas keeped Mr perstwo change pu%ehed in tSe rederal Register on -

Cir.1974).

text showeg changes from the p oposed rule sepie:mber 21.19a1.

l

p Federal Regist:r / Vol. 46. No. 250 / Wednesday. Decembc: ~]m ratt j

Dated et Bethisda. M:ryland, this 11th d*y

.1 deficirnciis (includlag d;//bhncies" applies to the application.

cf December.1981.

based on requirements of Appendix E.

recordkeeping..and teporting For the Nur.leat Regulatory Commission.

Section IV D.31 are not corrected within requirements contained in NRC William J. Dhr.ka.

four months of that finding.the regulations.

Executive Directorfor Operations.

On October 30.1981, the NRC Commission will determine whether theobtained OMB reapprovalfor the traou.n.mmni. aman 1 i

reactor shall be shut down until such information collection re,uirements siwwa coce rseo*as deficiencies are remedied or whether contained in 10 CFR Part 50.This other enforcement action is appropriate.

amendment adds a new I 50.8 to Paet 50DEPARTMENT OF ENERGY In determining whether a shatdown or setting out the OMB approval number.

other enicicement action is appropriste, the expiration date of the current 10 CFR Part 503 the Commission shall take into account,. approval, and a list of sections within among other factors, whether the Part 50 that contain an approved

[ Docket Na ERA 48W licensee can demonstrate to the information coUection requirement. This Commission's satisfaction that the amendment also removes the note Powerpiant and Industrial Fuel Use ut deficiencies in the plan are nct concerning the expired GAO clarance of 1978; Final Rules significant for the plant in question, or that follows i 50.110.

that adequate interim compensating Because this is a nonsubstantive Correction actions have been or will be taken amendment dealing with a minor In FR Doc. 81-34770 appearing on promptly,of that that there are other procedural matter. good cause exists for page 59872in the issue of Monday, compelling reasons for continued finding that the notice and comment December 7.1981. make the following operation.

procedures of the Arfminfitrative comedes-Procedure Act (5 U.S.C. 553) are (1) In i 503.B(c)(2), the following lines Dated at Washington. D.C. this 23rd day of unnecessary and for making the were inadvertently omitted above the equation on page 59908:

December.1981.

    • en For the Nuclear Regulatory Commission.

g9d o ic Fn c

1954 DELTA = COST EQ4 as amended, the Energy Reorganization (ALTERNATE]-COST (OIL 1where Samuel J. Chilk, Seueforyof the Commission.

Act of1974, as amended, and 5 U.S.C.

COST (ALTERNATE)and COST (OIL) 552 and 553, the following amendments are determined by:

im on. n-mn m mz au.=1 to 10 CFR Part 50 are published as a (2)In i 503.36(a), paragraph (5) was arwwocoot7s m s document subject to codification.The Incorrectly designated as (b); thereforc.

authority citation for this document is:

on page 59914.first column in the 30th 10 CFR Part 50 line. "(b) For powerplants..." should Reporting, Recordkeeping, and PART 50-DOMESTIC UCENSING OF

'have read *(5) For powerplants...".

App!ication Requirements; Approval PRODUCTION AND UTILIZATION siwwo coot isos-ei-es FACIUTIES ACENCY: Nuclear Regulatory Commission.

Authority Sec. 26L Fub. L 8M03. 68 StaL FEDERAL HOME LOAN 8ANK BOARD Action: Final rule.

c.48 ic ti.s.C :202) f[ Secti n 50.8 is added to read as 12 CFR Parts 522 and 545

SUMMARY

The Nuclear Regulatory ws.

Commission is amending its regulations

[No. 81-800]

on the domestic licensing of production i50.8 Reporting, recordkeeping, and and util!:ation facilities to indicate appucation requirements: OMB approval -

Payment of Ut!gation Expenses of Office of Management and Budget (a) the Nuclear Regulatory ~

Federal Home Loan Bank Officers, approval of the information co!!cction Commission has rubmitted the Directors,and Employees

+

requirements contained in the information collection requirements Dated: December 17.1981.

regulations.This action is required by contained in this part of the Office of Federal Home Loan Bank the Paperwork Reduction Act of1980.

Management and Budget (OMB) for AGENCY:

approval as required by the Paperwork Board.

EFFECTIVE D ATE: December 30.198L Reduction Act (Pub, L 95-511). OMB ACTION: Final rule.

l FOR FURTHER INFORM ATION CONTACT:

approved the information collection The FederalHome Loan Bank

SUMMARY

Steve Scott. Chiet Document requirements on October 30.19al.

Board is amending the Regulations for

(

e O.W approval numbr is the Federal Home Loan Bank System to echrucIl form on d 3154 0011.

ent

. tradoa (2) OMB approval expires April 30.

Jiberalize the terms on which the Banks uns T1 En-

- 198-may pay expenses of cificers, directors.

SUPP1.EMENTARY INFORMATION* The

  • (b)The approved information and employees involved in litigation Paperwork Reduction Act of 1980 (Pub.

collection requirements include the arising out of their Bank duties.The amendment will allow the Federal Home L 96-511: 44 U.S.C. Chapter 35) application recordkeeping, and Loan Banks to establish their own transferred the responsibility for reporting requirements contained in ii 50.30,50.33. 50.33a. 50.34(b). (c) (d),

policies regarding litigation expenses.

approving the information collection (fl. 50.34a. 50.35(b). 50.38. 50.36a. 50.48.EFFECTIVE D ATE:Dersmber 17.1981.

requirements imposed by the Nuclear 50.54(f). (p). (q). (r). (s). (t). (u). 30.55(e)*

FOR FURTHER INFORMAn0N CONTACT:

Regulatory Commission (NRC) on the 50.55a. 50.59(b). (c). 50.71(a) (b). (c). (d). James C. Stewart ((202) 37W57).

public frorn the General Accounting (e). 50.7:(a). (b). 50.80. 50.82. 50.90 and Office (CAO) to the Office of-Appencices A. B. C. E. G. H. J. K. and R.

  • ^

'S Management and Budget (OMB).The Boa Washington. D.C. 20552.

Act requires that each existing i 50.110 f Amended]

SUPFtEMENTARY tt. % AM ATION:The information collection requirement be 2.The note following i 50.110 is Federal Home Lear. Bank Board is reapproved by OMB as existing CAO removed.

1 c!carances expire.This requirement

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  • dr:ficier1L (l.n!sding dc!/clencies t.;;!%.s to the application.

Datcd et E thesda. Maryland. :his tith day based on re p:lrernents ofAppendLx E.

rzcordhecping, and tep:rting of December.198L Fct thm N' clear Regulattry Co:. mission.

Section IV.D.3) ars not correcttd within requirements centainId in NRC u

four months (! that finding, the regulations.

Wil!1am J. Dircka, Commission will determine whether the on October 30.1981, the NRC Lecu:!veDirectorforOperations.

reactor shallbe shut down until such obtained OhfB reapproval for the p o n.x.mo n:,4 u a n.us =

deficiencies are remedied or whether information collection requirements sume come isso.es.u other enforcement action is a,ppropriata.

contained in 10 CFR Part 50. His In determining whether a shutdown or amend =ent adds a new I 50.8 to Part 50 other enforcement action is appropriate.

setting out the OhfB approval number.

DEPARTMENT OF ENERGY the Commission shall take into account.

the expiration date of the current among other factors, whether the.

approval, and a list of sections within 10 CFR Part 503 licensee can demonstrate to the

~

Part 50 that contain an approved -

Commission's satisfaction that the information collection requirement. His (Docket No. ERA-R-41-061 deficiencies in the plan are not amend =ent also removes the note Powerp!:nt and Industrial Fuel Use /.ct significant for the plant in question, or concerning the expired CAO clearance of 1978; Final Rules that adequate intenm compensating that follows i 50.110.

actions have been or will be taken Because this is a nonsubstantive Correction promptly, or that that there are other amendment dealing with a minor.

In FR Doc. 81-34770 appearing on compelling reasons ice continued procedural matter, good cause exists for page 59872 in the issue of hiant;ay, operation.

finding that the notice and comment December 7,1981, make the following procedu'as of the Administrative corrections:

Dated at Washington. D.C. this 23rd day of Procedure Act (5 U.S.C. 553) are (1) In 1503.6(c)(2), the following lines December.198L unnecessary and for making the were inadvertently omitted above the amendment effective December 30.1981.

equation en page 59906:

For the Nuclear Regulatory Commission.

Under the Atomic Energy Act of 1954.

DM 6'I' 3_

as amended, the Energy Reorganization Secretary of tAe comoussion.

Act of 1974, as amended, and 5 U.S.C.

(ALTERNATE)-COST (OIL) whem p D= 82-m rw u-:sc us =l 552 and 553, the foltowing amendments COST (ALTERNATE) and COST (OIL) sumo coot 7sso-oi-as to 10 CFR Part 50 are published as a are determi y:

document su )iect to codiDention. Le (2)In I a), paragraph (5) was 5

to CFR Part 50 authority citation for this document is:

. incorrectly ated as (b); thereform on page 59914. first column, in the 30th Reporting, Recordkeeping, and PART 50--DOMESTIC LICENSING OF line. "(b) For powerplants..." should Application Requirements; Approval PRODUCTION AND UTILIZATION have read "[5] For powerplants...". -

ACE!JCY: Nuclear Regulatory FACILITIES sumo coes ises-os-as Commission.

Authority: Sec.161. Pub. L 8M03. Ca Stat.

Action: Final rule.

948 (c U.S.C. ::ct)

FEDERAL HOME LOAN BANK BOARD-I. Section 50.8 is added to read as

SUMMARY

ne Nuclear Regulatory 12 CFR Parts 522 and 545 gg;;g Commission is amendmg its regulations on the domestic licensing of production 5 50.8 Reporung, recordkeeping, and

-[No. 31-8ool and utilization facilities to indicate application requirements: OMB approval-Payment of L!tigation Expenses of OfUce of hianagement and Dudget (a) the Nu:: lear Regulatory Federal Home Loan Bank Officers, s

approval of the information collection Commission has submitted the Directors, and Employees requirements contained in the information collection requirements regulations. ~his action is required b7 contained in this pait of the Office of Da ted: December 17.1981.

the Paperwork Reduction Act of1980.

hianagement and Budget (OhfB) for AGENCY: Federal Home Loan Bank EFFECTIVE DATE: December 30,1981.

approval as required by the Paperwork Board.

ehchn Act approved the m, M L 96-5n). O.W FOR FURTHER INFORMATION CONTACT:

ACTION: Final rule.

formation collection Steve Scott. Chief. Document hianagement Branch. Division of requiremerits on October 30.1981.

SUMMARY

De Federal Home Loan Bank Technical Information and Document (1) The OMB approval number is Board is amending the Regulations for 3150-00n.

the Federal Home Loan Bank System to Control. Office of Adamistration.

Telephone:(301) 49 4585.

(2) OMB approval expires April 30.

liberalize the terms on which the Banks 1982.

may pay expenses of officers, directors.

SuPPLEucNTARY INFORM ATION:The (b) The approved information and employees involved in litigation Paperwork Reduction Act of 1980 (Pub.

cc,ilection requirements include the arising out of their Bank duties. The L 90-511: 44 U.S.C. Chapter 35) application recordkeeping, and

. amendment will allow the Federal Home transferred the responsibility for reporting requirements contained in -

Loan Banks to establish their own approving the information collection il 50.30. 50.33. 50.33a. 50.34(b). (c). (d).

policies regarding litigation expenses.

requirements imposed by the Nuclear (f). 50.34a. 50.35(b). 50.36. 50.36a. 50.48.

EFFECTIVE c ATE: December 17,1981.

Regulatory Commission (NRC) on tse 50.54(fl. (pl. (ql. (r) (sl. (tl. (ul. 50.55(el.

public from the General Accounting 50.55a. 50.59(b). (c). 50.71(a). (b). (c). (d).

,g,py,7pg,,ygg,,,73aygay7,g7 Office (CAO) to the Office of (e). 50.7:(a). (b). 50.80. 50.82. 50.90, and James C. Stewart U203) N57). G7 ice Managernent and Budget (OhtB). De Appendices A. B. C. E. C. H. J. K. and R.

Act requires that cach existing Boa S et '

inform.ition collection requirement be 1 50.110 (Amended]

Washm.gten. D.C. 2055; reapproved by OMB as existing CAO

2. The note follow'ing i 50.no is SUPPLEMENTARY INFORMATION:The clearances expire. nis requirement removed.

Federal Home Loan Bank Doard is 4

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