ML20041E508

Advises That 820129 Request for Relief from 820201 Deadline for Implementation of Prompt Notification Sys Has Been Denied.Mitigating Circumstances Will Be Weighed in Determining Enforcement Action

ML20041E508
Person / Time
Site:	Beaver Valley
Issue date:	02/25/1982
From:	Eisenhut D Office of Nuclear Reactor Regulation
To:	Carey J DUQUESNE LIGHT CO.
References
TAC-46213, NUDOCS 8203110026
Download: ML20041E508 (7)

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DISTRIBUTION Docket File '

NRC PDR Local PDR FEB 2 51982 ORB 1 File D. Eisenhut Docket No. 50-334 C. Parrish ppph J. Heltemes g,s D. Chaney s

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q [gf (fg? A Mr. J. J. Carey, Vice President I&E (1)

Duquesne Light Company NSIC 0

.7 Huclear Division ACRS (10) g@g, g

Post Office Box 4 K. Perkins, IE Shippingport, Pennsylvania 15077

Dear Mr. Carey:

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.D This is in response to your January 29, 1982 letter, requesting relief from the February 1,1982 deadline for implementation of your prompt notification system. The final rule establishing this deadline, which became effective i

December 30, 1981, does not specifically address requests for exemption or relief from the February 1, 1982 implementation date. However, pursuant to 10 CFR 550.12, your request for exemption was determined not to be meritorious.

As noted in the proposed rule (46 FR 46587), the Commission stated that, in its judgment, prompt public notification is an important consideration in the i

offsite protection of the public in the event of a nuclear accident. The emergency planning rule is premised on reducing, to the extent possible and to the extent the NRC can regulate, the time required for and the uncertainty associated with each step in the prompt public notification process. Therefore, i

timely implementation of a prompt notification system is considered to be beneficial to the health and safety of the public.

(See 46 FR 46587 & 46 FR 63031 for additional information).

In view of the foregoing, it has been detemined that granting an extension of time would not be in the public interest.

However, the Comission recognizes that there may be mitigating circumstances i

beyond your control that should be weighed in determining what enforcement action should be taken. Specifically, these considerations are:

(1) whether the licensee demonstrated diligence in attempting to fulfill the requirements; I

(2) whether or not the HRC was kept informed of the steps taken, and any signi-l ficant problems encountered; and (4) an updated timetable established to achieve j

full compliance with the prompt public notification capability requirement.

The infomation you have provided will be taken into consideration in determining l

appropriate enforcement action.

Sincerely.

Original cigne d by i

Darrell G. Einedmt

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8203110026 820225 Darrell G. Eisenhut, Director PDR ADOCK 05000334 Division of Licensing i

F PDR Office of Huclear Reactor Regulation

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, hRC FORM 318 (10-80) NRCM Q24o OFFICIAL R EC'OR D COPY usa m i.u-w m

Mr. J. J. Carey Duquesne Light Company 5

cc: Mr. H. P. Williams Mr. J. D. Sieber, Manager Station Superintendent Nuclear Safety and Licensing Duquesne Light Company Duquesne Light Company Beaver Valley Power Station Nuclear Division Post Office Box 4 Post Office Box 4 Shippingport, Pennsylvania 15077 Shippingport, Pennsylvania 15077 Mr. T. D. Jones, Manager Resident Inspector Nuclear Operations U. S. Nuclear Regulatory Commission Duquesne Light Company Post Office Box 298 Post Office Box 4 Shippingport, Pennsylvania 15077 Shippingport, Pennsylvania 15077 Ronald C. Haynes B. F. Jones Memorial Library Regional Administrator - Region I 663 Franklin Avenue U. S. Nuclear Regulatory Commission Aliquippa, Pennsylvania 15001 631 Park Avenue King of Prussia, Pennsylvania 19406 Gerald Charnoff, Esquire Jay E. Silberg, Esquire Shaw, Pittman, Potts and Trowbridge 1800 M Street, N.W.

Washington, D.C.

20036 Karin Carter, Esquire Special Assistant Attorney General Bureau of Administrative Enforcement 5th Floor, Executive House Harrisburg, Pennsylvania 17120 Marvin Fein Utility Counsel City of Pittsburgh 313 City-County Building Pittsburgh, Pennsylvania 15219 Mr. John A. Levin Public Utility Commission P.O. Box 3265 Harrisburg, Pennsylvania 17120 Irwin A. Popowsky, Esquire Office of Consumer Advocate 1425 Strawberry Square Harrisburg, Pennsylvania 17120 Charles A. Thomas, Esquire Thomas and Thomas 212 Locust Street Box 999 Harrisburg, Pennsylvania 17108

I I

Federal Register / Vol. 46. No.182 / Monday September 21. 1981 / Proposed Rules 46587 10 CFR Part 50 B) JJy 1.1981. se nue: ear pcwer reactor the extended time period for hcensee shall demens* rate that co'mpliance.

Emergency Planning and admin stratne and phys: cal rneans base been Preparedness for Production and estabbshed fcr a!emng a.d prceding prernpt De Commission's decision to defer 6e date fomqdng full i"*CDC" e' w'h' F"ac.nNn de pkme Utlitzation Facliities esposae pa ay EFZ. ne des:gn objectne implementation of the prornpt public ActNcy: Nudcar Regulatcry sh.11 be to haie the ca;ata > to essential?y notificarica capsibihty requirement was Commission.

cc nplete the eat not.Ecancn of the pubhc made, as described above, after within the pLrne expos;.re pathway EPZ a dditional consideration of industry.

A CTIO N: Notice of prcposed rulemakirg.

wahin about 15 minutes.

wide difficulty in acquiring the suu uaRY:The Nuclear Regulaery The NRC staff has evaluated the level necessary equipment, permits, and Commission is proposing to amend its of compliance by the industry and noted clearances. nis proposed deferral does regulations to extend the date by which that only about 12% of NRC power not represent any fundamental prompt public notification systems must reactor licensees have been able to meet departure from the rationale the be operational around all nudear pow er fully the July 1.1M1 date fer installation Commission used in adopting and plants.ne proposed extension is based of a prompt public notificatio'n system sustaining the public notification on industry. wide difficulty in acquiring which meets the criteria in 10 CFR 50.47 capability requirement. See Final Rule the necessary equipment, permits, and 50.54, and Appendix E to Part 50.The on Ernergency Planning. 45 FR 55402, clearances. If adopted the proposal licenaces inability to rneet the July 1.

55407 ( Ai.te,19.1980). reconriderution would extend the compliance date for 1981 date has been attributed to the denied. CLI-8040.12 NRC 63e (1980). It these systems from July 1.1981Io no unforeseen difDculties and uncertainties is the Commission's continued judgment later than February 1.19a2.

surrounding the designing, procuring, that prompt public notification is an-c A n s: Comment period expires October and ins'sPme of the prompt notification important consideration in the offsite 21.1981. Comments received after this systems. In establishing the protect!on of the public in the event of a date will be considered ifit is practical imple=entation date. the Commission nudear accident. Dis offsite protection to do so,but assurance of consideration was concerned that these factors wodd of the public indudes a number of cannot be gived except as to commenta inhibit the ability to comply with a short separate stepe-recogniti, of the received on or before this date.

schedule and set the Jdy 1981 date with potential severity of the

.?ent by the Acoatssts: Interested persons are this in mind (45 FR 55407).

utility, communication i perceived invited to submit written comments and While licensee s' compliance with the threat to effsite authorities decision by suggest;ons en the proposal to the prompt notification requirement has offsite officiala on the need for Secretary of the Commission. U.S.

been delay ed, the NRC considers that protective action, capability to spread Nuclear Regulatory Commission.

e:nergency plans and preparedness have public wa ning, and actual response by Washington. D.C. 20555. Attention:

!gnificantly improved within the last the public. The emergency ph nning rule Docketing and Service Branch. Copies of year at and around every nudear power is pre =Ised on reduong to the extent cornments receised by the Commission plant site.This insignificant possible--and to the extent the NRC can may be examined in the Commission's improvement has been confirmed by regulate--.the time required for and the Public Document Room at 1717 H Street NRC teams who have visited a number uncertahty associated with each step.

NW.. Wa shingt on, D.C.

of plant sites to evaluate the licensees' Every arect of the rule. induding the FOR F1.lRTNER INFORWAT10N CONTACT".

compliance with the upgraded prompt r stification system. is still Biian K. Grimes. Director. Disision of e:nergency plarHng regulations of required. In 4 sering the Emergency Preparedness. Office of August 1980, in addition, the Federal implementation date of the prompt Inspection and Enforcement. U.S.

Emergency Manage =ent Agency public not"ication capability Nuclear Regulatory Commission, (l'EMA) and the NRC have monitored requirement. the Commission recognizes Wa shington, D C. 20555 (telephone: 301-numerous nudear e=ergency exercises the continued need for this requirement 49ue14).

involving State and local governments and expects all utilities to complete the and the licensees, and again have installaticn of this system as soon as SUPPLE M ENT ARY INFO RM ATtON.

witnessed a sig:nficant i=provement on practicable but not later than February 1.The Proposed Rule onsite and offsite emergency 1.1982. However, the Commission On August 19.1980. the Nuclear preparedness, intends to take appropriate enforcement Regulatory Commission published in the Based on the above information and action against licensees who did not.

Federal Register (45 FR 55402) on a recognition that there exist prior to jdy 1.1961. notify the i

amend =ents to its regdations (10 CFR customary warning systems (police.

Commission of their inability to meet l

Part 50 and Appendix E) concerning the radio, telephone), which are viewed as the July 1.1981 deadline.

upgrading of emergency preparedness.

sufficiently effective in many postulated The effective date of these regdations accident scenarios, the Commission is SGificant lic.ensee perfor=ance was Nosember 3.1980. Among other proposing to defer the implementation strengths and weaknesses are evaluated a

things, the regulations required licensees date of the prc=pt public notification in the NRC Syste=stic Assessment of to submit upgraded emergency plans by capability requirement from July 1.1981 Licensee Performance (SALP).The SALP jandary 2.1981, submit i=plementing to February 1.1982. In view of the program specifically includes evaluation procedures by March 1.1981. and above the Commissien finds that there of bcensee performance in emergency implement the emergency plans by April exists sufficient reason to believe that preparedness. Accordingly, a licensee's 1.1981, appropriate prctectise =easures can efforts in attempting to meet the July 1.

One element that must be and wi'l be taken for the protection cf 1981 date for instalhng the prompt demonstrated in an acceptable the health and safety of the public in the public notification capability will.be a

!.censee's emergency plan is that:

esent of a ra6clogical e=eagency duri7g factor in that licensee's SALP.

I 46583 Federal Register / Vol. 48. No.1a2 / Monday. September 2L 1961/ Proposed Rules II. Proposed Application of the Final fms! ru e, w hen effective. will be 12+4.1246 (42 U.S C 5a41. 5642. 56461. unless Rula applied to engoing licensing proceedings otherwise troted_ Section Sofa also issued i

now per: ding and to issuea or ur: der sec.122. 6a Stat. 939 (42 U.S C 21521 F

De Commission also is proposing in contentions therein. Union ofConcerned Secti n so.7m et also issued under sec.184.

sa StatMM. as amended (42 U S C 22543 thl rule that the four. month period for Scie-"s!s v. AEC 499 F 'd 1069 (D.C correcting deficiencies, prosided in C:f 19 4)-

sa Stat. s55 (42 U.S C 22361. For the purposes i 50 54(s)(2). should not apply to any f sec 223. to Stat. s58. as amended (42 Ucensee not in compliance with the Regulatory Flexibility Certification U.S Cq.2731. I 50 41(ilissued under sec.161a,.

public notification system require nent In accordance with the Regulatory 6e Stat. G49 (42 U.S C 22c1(ill; il 50.70. 50 71.

by February 1,1982. the new deadline Fleubility Act of 1980. 5 U.S C. 605(b).

and so 7e issued under sec. telo, se Stat. 950.

date. lf a license

• is not in compliance-the Commission concludes that th'is rule as mended (42 U.S C 2201(o). and the laws with this requirement by February 1.

will not.if promulgated nave a referred toin Appendices.

1982, the Cor.missicn will consider significant econor-D impact on a

1.Section IV.D.3 of Appendix E to taking appropriate enforcement actions substantial number of small entities. De Part So is revised to read as h!!ows:

promptly at that time. In dete mining proposed rule concerns an extensiert of apptcpriate enfcreement action to, to the operational date for public p,,,',"d2

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initiate, the Commission will take in notification systems for nuclear power Facih eccount. among other factors, the plants licensed pursuant to Sections 103 dzmonstrated diligence of the licensee and 104b of the Atomic uergy Act of D

e don as in atternpting to fulfill the prompt public 1954. as amended. 42 U.S.C. 2133,21}4b.

notification capability requirement The The electric utility companies owTiing Cornmission will consider whether the and operating these nuclear power

3. A licensee shall hase the capabihty to licensee has kept the NRC informed a plants are dominant in their serdce

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minutes the steps that it has taken, when those areas and do not fall witnin the after declaru g an emergency.ne licensee steps were taken and any significant definition of a small business found in da!! de enstrate that the State /!ccel problems encountered, and the updated Section 3 of the Small Business Act.15 officials base the capabihty to make a public timetable which the hcensee expects U.S.C. 632 or within the Small Basiness not2fication decision promptly on beir.

w31 be met in achiesing full cornpliance Size Standards set forth in 13 CFR Part informed by the licensee of an emergency with the prempt public notification 121.In addition since the amendment condition By February 1.19e2, each nuclear p wer nactor hcmn sha!! demonstrate that capability requiretrents.

extends for cne year the date by which administrative and physical means have been With respect to requests for the pub!;c notification s) stems are to be exemptions that NRC has received from operational, the businesses and state

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"j;*,"dy;*3 fp y,* P' nuclear pow er reactor licensees and local governments mvolved in the exposun pa6way F.'PZ.De forr month concer.iing the prompt public manufacture and installation cf these period in to CTR 50 54[s)(21 for tne correction notification requirement and deadlines.

s} sterns are not econorn!cally affected in of ernergency plan deficiencies shall not for installation and cperational any significant manner. Accordingly, apply to deficiencies in the initial installation capability the commission has decided there is no significant economic impact of this pubhc notification system that is to deny these requests in light of the on a substantial number of small required by February 1.1982.The design proposed extension cf the July 1,1981 entities, as defined in the Regn atory objective of the prompt pubbe notification date. Any licensee not able to meet the Flexibihty Act ofISSO.

8)' tem shall be to have the capabihty to new deadhne date of February 1,1982 mentiatiy complete the ini'ial neufication of will be subject to enforcement penalths Paperwork Reduction Act Staternent the public within the plurre exposure after the new date. This provision will Pursuant to the provisions cf the

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• ih",*, bout 15 nutes e

eliminate amecessary and costly Paperwork Reduction Act of1980 (Pub.

from immed2 ate notification of the pubhc admin; stratis e actions needed to L 96-511), the NRC ha s made a (within 15 minutes of the time that State and consider pasent exernption requests determination that this proposed rule local officia!s cre nonfied that a situation that will essentially become rr. cot by the dces not impose new recordkeeping.

exists requiring ursent action) to the more propcsed extension of the July 1,1981 information collection, or reperting laely events where there is substantial time date. This approach will also pernut the requirements.

assilable for the State and local NRC to focus its censideration upon a Pursuant to the Atomic Ene gy Act of govemmental officials to make a judgment whe er or not et a p ic reduced number of noncompliance 1954, as amended, the Energy 9,,

,a edsien s:tuations which remain at the time of Reorganization Act of1974, as amended, to activate the notification system. the 5: ate the new deadhne. It is expected that the and Section 553 of Title 5 of the United and Iccal officials will determme whether to most efficient use of NRC resources will States Code, notice is hereby given that acuvate the entue notificaton s> stem be achieved by this treatment of present adoption of the following amendment to simultaneously or in a graduated or stased exemption requests relating to the July 1.

10 CFR Part 50. Appendix E is manner The responsibihty for activatirs

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1961 operational date requirement.

contemplated, such a public netification s> stem shall remain if the pr: posed ru!e is subsequently with the apprepnate gesemment authonties pro nu! gated as a final ruIe. it is the PART 50-DOMESTIC UCENSING OF Commissien's present intention to make PRODUCTION AND UTILIZATION it effecttve iminediately upon FACILITIES Dated at Washingten. D C. this 16th day cf pubhcation. pursuant to 5 U.S.C-September 1981.

553(d)(1). since the rule is expected to The authority citation for Part 50 For the Lelen Regulatery Ccmmission rehese the cbhgation of certain reads as follows:

g licensees mth tespeet to the present Authority-Secs. Ic3.104.161.182.183.189.

Sectero"y offhe Commission-pv 1.19M deadhne for cperational 68 Stat. 936. 937. 948. 953 954. 955 956. a s pMc noticttien s} stems. In that amended (42 U.S C. 2133,21:3. 201. 032.

pDus a m s e aoem

%;&rd. the Com.mssica notes that the C33 2234 secs. 201. MI N 86 S'at 1:43.

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Rules and Reguistions r d<>ai kesie'<<

Vol. 46. No. ;30 Wednesday. December 30, 1981 Trms sec%n of 19 FECERAt. REGtSTER On August II,1531. the Cc:. mission nis decision is based on a cows ra g.Wy dxs 4nts t.av n3 discussed possible actions because reccgnificn that emergency plans and er general ankcat#y and le;al eMect, rnest

censees fai'td to comply with the July preparedness han significantly a

70 n e par at ar.d te de Fe e al Re ate s h n is 50.4{(b){5) and 10 CFR 50. Appendix E, around every nuclear power plant site.

p.Misr.ed t,nder 50 tettes pursuant to 44, SectiorilV.D.3.'The licensees

• failure to This significant improvement has been U E C. 1510.

The Code of Fedsral Regstat.ons is sold meet the July 1,1981 date was attributed confirmed ty NRC teams who have by te,e Supenntendent of Documents.

to unforeseen difficulties and visited a number of plant sites to Pnces of new books a'e f.sted h the uncertainties surrounding the design.

evaluate the licensees' compliance will f,rst FEDERAL REGISTER issue et each procurement and installation of the the upgraded emergency planning rnonth prompt notification systems.

regulations of August 1980. !n addition.

At the Augast 11.1981 meeung, the the Federal Emergency Management Commission approved publication of a Agency (FEMA) and the NRC have NUCLE AR REGULATORY proposed rule change which would monitored numerous nuclear emergency exercises invoMng State and local COMMISSION provide an extension eithe July 1,1981 governments and thelicensees and date to February 1.1932. (See 46 FR 10 CFR Part 50 465S7). %at Federal Register notice again have witnessed a significant requested public comment dtiring a 30..

improvement on ensite and offsite Cmergency Planning and day period ending October 21,1981, emergency preparedness.

Preparedness for Production and To date, commer.ts have been The dects!ca to delay the Utilization Facihtjes received from four NRC licensees, five implementation data is also based on AGENCY: Nuclear Regulatory individuals or organiza0ons in the the recognition that there exist nuclear industry, one from the general customary warning syste ns (police, Commiss.'on.

public, three frcm environmenta]

radio, telephone) which are viewed as sufficiently effective in many postulated

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organizations, cne from a mass transit accident scenarios.In dew of the above

SUMMARY

The Commission is making system directer, and one from a State the Commission finds that there exists Iwo changes to its emergency planning governor.The comments received from 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 erwitonmental organizations were and will be taken for the protection of prompt public notification systems must aga!nst delaying the implementation the health and safety of the publicin the be operational around all nuc! car power date to February 1982. De letters from event of a radiological emergency durin; plants.The change to { 50.54 clarifies the other commenters generally agree the language of the rule to conform with with extending the implementation date the extended time period for the Commission's intent at the time of along with addidonal suggestions.

complJance.

promulgation.

One suggested modification to the II.The Amendment to lo CFR 50.54 ErFECTwE DATE: December 30,1981.

proposed rule change, which has been A

oa 10 50.54[sX2),

accepted and included in these final

,g FOR rURTHER INFORMATION CONTACT 1 amendments,is not to eliminate the Michael T. Jamgothian. liuman Fa ctors f 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 emergency response plans Research, U.S. Nuclear Regulatory tesung of the prompt notification shall be implemented by April t.1981, excer Commission. Washington, D.C. 20555 system. The Commission now belleves as provided in Section IV.DJ of Appendix E (telephone 301-443-5942)'

that the ehminatien of this four-month of this part.lf after Aprilt.19et,the NkC SUPPLEM E NT ARY INFORM ATION period wouId be inconsistent with the fmde that the state of emergency I.%e Amendment to 10 CFR Part 50, need toperform a reasonable test of the preparedness does not provide reasonable Appendix E system and male any needed changes assurance that adequate protective nessure-can and will be iden in the event of a as indicated by the test results.The.

On August 19.198'0, the NRC enclosed effective regulation radiological emergency and if the'deficiencit are not corrected within four months'of that published a revised emergency planning incorporates this concept.The Ending. the Commission will determine regulation which became efrective on installation date, however. remains whether the reactor shall be shut down unti?

November 3,1950.The rule required February 1,1952, and any licensee not such deDelencies are remedied or whether licensees to demonstrate. among other completing the installation by that date other enforcement actionis appropriata."

things, by July 1,1981:

would be subject topnforcement action.

"that administratise and ph sical means After evaluating all public comment It has come to the Commission's l

have been estabbshed for alerting and letters received. the Commission has attention that because this section of11 decided to publish, as immediately regulation was written as one.

the plur.fe e po r pathw ne effective, a final rule change to 10 CFR paragraph,it can be interprdted to' met w

des 4n objective sha!! be to have the capabihty to essentially complete the initial part 50. Appendix E which wi]! delay the that the four. month period for the notication of the pubhc within the plume implemertation date for the prcmpt correction of emergency preparedness esposure pathway EPZ withirt abcut 15 public notification systems from July 1.

deficiencies does not apply to "Section minutes."

1951 to Februa.y 1,1982.

IV.D.3 of Appendix E."

2 Tederal P r / Vol G. No. 2~20 / W(1.t i day. D6ccmber 30, 1951 / Rules and Rol. ' na l

Th.s is a rnis:nterpre Len of the Re;;ulatory nesibility Act Statcment D..W r:/. ret e Frvcel rcr Co=miss:en s intent, which was that the Pursuant to the Rtgulatory Flexibility feur. month period is to ap;,1y to any Act of 1950. Pub. L 9"r3M. t'he NRC ha s 3 ^ I*'"'ce shall has e the ca;abity to dc f.ciencies identif:cd in the emergency determined. (1) That the delaying of the n ofy rupensak Stau andIcal 8*"***""I '8'"" " #". The license

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plans.The Cernmission is therefore Ircp!cincntation date fcr the prompt after decla ing an emergency rnodifyir g ( 50 M's)(2) to rnore cfear!),

public notification sy stems will not have spa j demons' rate that de Statehoed i

rc fket that inte r.t. The four. month a s!;n!!icant economic impact on a cr cla!s have the capabaty to male a pbhe

ericd presidgd in ! !1WsH2). wdl not substantal number cf smr,!) entities, netificatica decNen prcr;dy cn heir; apply to any bcensoc fcr the instaUatjen pursuant to the Regdatcry Flexibihty infc =.ed by the 1

censee of an ci.e.gcr.cy and initial tcs! of the p.;blic notificsilon Act of 19:2. section (45!b) and (2) that cc:.nten. P) Tehr.;ary 1.19si escb nuclear n stem by February 1.19 2.1f a licensee the rule change to I 50.M(s)(2)is not power reacter licensee sha'.! demonstrate the.

ad=!n!strative and ph)sicalineans hase hetr-Is not in co=pliance with this subject tp the prodsions of the estabhshed for alernr.g and presidir:g pro =;?

requwment for instal!ation and Iesting Regdatq Dexibility Act of1960,

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by Febru y 1.1552, the Comnission

, because the Cor.=!ssion has determined

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E wt cons: er ta.m; appropriate pursuant to 5 U.S.C. 553 that a notice of period in 10 CFR 5054[sX:) for the correction ns promptly at that propdsed rulemaking for ( 50.54 (s)(2) of emergency plan deficiencies shali not cnforcement act}ng appropnate t;me. In determ need hot be issued and that the ru}e may apply to the init;alinstaliation of this public cnforcement action to initiate, the be promulgated in final form and notiScadon system that is required by Commiss!ca win take into account.

become effective on December 30 '9St.

February 1.1982. The fcur.conth pet /od w///

among other factors. the demonstrated c; ply to correction of def.ciencies identped diligence oI the licensee in attempting to Papersork Reduction Act Statement duritzt the initiolinstalkrion ond testi.y of i

fdfill the prompt public notification Pursuant to the provisions of the d'Prertpf pub //e not$cotion sJ stems os m e!/ or tAose deficsencies discoiered capability requirement. Uc Commissics Paperwork Reduction Act of19S0(Pub.

estufren The des!gn objectae of the pro =pt will consider whether the lice:uce has L. 9G-511) the NRC has made a kept the NRC informed of the steps that determination that this Enal rule does 7, c\\'p" b to essInt. c p ete it has taken. when those steps were not impose new recordkeeping.

If,jtial cotif;eatico of the pub!!c within the teken and any sigtncant problems information cch: Con. ct reporting plume exposun pathway CZ within about enceuntered, and the updated timetable requirements.

capabihty will ranse f,'. not Scation 15 minutes.The sie of t W. mediate which the licensee expects will be met Pursuant to the Ato=!cEnergy Act of in achieving full compliance with the 1954, as amendedt the Energy notiScation of the put i th!n ts minutes prcmpt public notification capabilitT Reorganization Act of1974, as amended. of the time that State a.

. cal ofScials are requirements. He four.menth period and section 553 cf title 5 of the United not5ed that a s!!vatien asts requiring will, however, apply to correction of States Code, the following amendments QQ'[j,'" N" ',

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deficiencies identiSed durmg the initial to lo CFR Part 50 are published as the State and local sos ernmental ofncials to test t the prompt pubhc not:ficat2on documents subject to codificatient make a judgment whether or not to acusate systems as well as those deficiencies the pubhc cotiScation system. Where there is discovered thereafter.

PART 50---D0f/.ESTIC LICENSING OF a dec!ston to activate the notiScauon s3 stem.

Because the amendment to PRODUCTION AND UTILtZATION the State ar.d local ef5cla!s wiD deter =ine i !0.54(s)(2)is interpretative and of a FACILtTIES whether to activate the entire r.ctification

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acta ating such a public notification system Commission's intended meaning at the sha11 remain with the appropriate Authoritu Secs. tes. St.161.152.182. 6a

.me of promulgation, the Commission Stat 938. 937. 94!L 553. SM. 955. 958 as gos ernmental authorities.

finds good cause to dispense with amended 142 U.S.C. 2133. 2134. =o1. =32.

advance notice and opportunity for 2233. 2239h secs. cos. :02. 20s sa Sta t.1243.

2. I 50.54(s)[2]is revised to read as pubbe comment thereen as unnecessary. 1244.1246 [42 U.S C. 5841. 5842. 564e), unle ss ' foHows*

For this reason, this change shall be otherwise noted. Section soja also lsrued effective as a final rule on December 30 under sec.122 68 Stat 939 U2 US C 152).

{ 50.54 Cond!tions of recenses.

1931, Sect.on 5176-5021 also issued under sec.

1st. 68 Stat sus amuded 92 U.S.C. r341 Likewise, the Commission is Sections So.100-50.1c2 issued under sec.168.

(s) * *

• fe'dhipses (2)(i) For operating power reactors. the so pe ix E te d t..e S

ss licensee. State, and local emergency implementation date for the installation U.S.C. =73). t 50 41tilisruea under sec.tett.

nsponse plans shall be implemented by of a prompt public notification system) 68 Stat. 949 (42 U.S C. 2201{i)h 115010. 50J1, as effective immediately upon -

and 5038 issued under sec.1sto.6astat 950.

April 1,1981. except as provided in -

publication. pursuant to 5 U.S.C' as amended 32 U.S C. =o1[oll. 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' I Amendedl that the state of emergency preparedness licensees with respect to the present

. Sect 2on IV.D.3 o! Appendix E to does not provide reasonable assurance jdy 1,1981 deadline for operational o is used to nad as foUows:

that adequate protective measures can a

public notiScatics systems. In that and will be taken in the event of a regard the Commission notes that the Appendix F,--Ernergency Manning and radiole;;ical eme gency (includmg final rule, when cffective, will be Preparedness for Production and Utilization findings based on req:.u,rement.s of app!!cd to ongoitig licensing proceedings Appecdh & Section IV.D.3) and if the now pendi.n; and to issues or

-Tacilities' contention.s therein. Unicn of Ceno % i Scicatists s. AEC. 499 F. :d 1059 (IU

• ne v.?.taa hs bm w d in ceteraue cha.se rMehed de rederamegister on Cir.1974).

teu ccws ch ps t c= the nro.ed rue septe= der :2. sset.

Fedcral Perister / Vcl. 46. No. 250 / Wcdnesday Decemb: -

m1 / Rules and Rcpsicti:ntt f.%

dt ficicncies tincluding dchciencies apphes to the e;plic-hon.

D.te d st r-:thoda. htari and. Ns 11:h i'.

l b.v e d on requirements of Appendis E.

recordb eepkg. ar.d tcpon g of Dece:r:ber.we1.

Section WSJ) are not corrected within requirernents co::tained JRC For the Nuclear Regula' cry Co=niu;on.

four months of that finding, the regulations.

Williarn J. Dirds.

Commission will dc tctmine w bether the On October 30.154L the NRC Eiecutier Dimforfor Opero:io/:s.

reactor shall be shut down unul such obtained ONG reap; os al for the trat n.nc ru m a s..)

dcficiencies are tcmedkd or whcther informstien ect!ection require ments aw o ecy nm t the r e aforcement nctkn is appropriate.

centained in 10 CFR Part 50. T"ris

~

~

In dcterminir.g wheher a rhutdow a or amendment adds a new i 50 8 to Part 50 cther enforcement action is appropriate.

setting out the ONG approval nurnber.

DEPARTMENT OF ENERGY the Commission shall tal e into account, the exp! ration date of the current amor.g other f actors, w bether the approva]. and a hs cf sections within 10 CFR Part 503 lice.vec t.an demonstratelo the Par 150 that conlain mA approved

[ Docket No. ERA-R-81-061 Commission's satisfactica that the information coUectica requirement. This deficiencies in the plan are not cmendment also removes the note Powerplant and IndustrLil Fuel Use Ac' significant for the plant in question. or concernicg the espited CAO clearance of 1978; Final Rules that adequate interim compensating that foDows i 51120.

actions has e been or will be taken Because this is a consubstantive Correction promptly, or that that there are other amendment dealing with a minor In FR Doc. 81-34 70 oppearing on compelling reasons for contmued procedural matter, good cause exists for PaEe 59372 in the issue of Monday.

operation.

finding that the notice and ;omment December 7.1931. male the following procedures of the Administratave corrections:

Pr ccdure Act (5 U.S C. 553) are (1) In i 503.6(c)(2), the following line's Dated at Washington.D C. this anf day cf u et se r a Decernt er.1931.

were inadvertendy omitted above the equadon on page 5m For the Nuclear Reg:.f atory Cerut.issicn.

Undt.r the Atc=ic Energy Act of19.

A sel f. E as c:nendtd. the Enc gy RecrpnL aticn EQ4 DELTA-COST Sectetur ofiAe Commissio^

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

(ALTERNATE)-COST (OIL) where pm n.ran rw inn a as..I 552 and 553. the foUcwing amendments COST (ALTERNATE) and COST (OIL) e e s coor1s m as to 10 CFR Part M are published as a are determined by:

document subject to codi5 cation. ne (2)1n i 503.36(a), paragraph (5) was 10 CFR Part 50 authcrity citatien for thls document is:

Incorrectly designated es (b); therefore, on paEe 59914. first column, in the 30th Reporting, Recordkeeping, and PART 50-DOMESTIC LICENS!NG OF

.line. **(b) For powerplants..." should Application Requirements; Approval PRODUCTION AND UTILfZATION have read **(5) For powerplants...".

ActNcY: NucIcar Regulatory FACILITIES s e GcooeSaoses-es Co.

$sion.

Autbo:ity Sec. Ici Pub. L fJ-703. f.8 StaL AcTios: Final rule.

sie 142 U.S C. ::m)

FEDERAL HDME LOAN BANK BOARD d SecU n 50.8 is added to read as 12 CFR Parts 522 and 545 suvu ARr The Nuclear Regulatory ws.

Commis sion is amending its regulations

[No. 81-8001 on the dom ~ e5ticlicens!ng of production

{ 50.8 Reporting. recordh eeping, and and utilization facilities to indicate appucation requirements: ous approva!-

' Payment of Utigadon Expenses of -

Office of Managcment and Budget (a) the Nuclear Replatory Federal Home Loan Bank Officers, approval of the information coUection Commission has submitted the Directors, and Employees requirements contained in the information coUection requirements reEulations.nis action is cequired bY contained L this part of the Office of Dated: December 17.1981.

the Paperwork Reduction Act of1980.

Management and Budget (OMB) for AcENCY: Federal }!ome Loan Bank ErFEcT VE DATER December 30,1981.

approval as required by the Paperwork Board.

Reduction Act (Pub. L 9S-511). OhG Ac n ON: Final rule.

FOR F11RTHER INFORM ATION CONT ACT:

approved the information coUecta,on Steve Scott, Chief. Document requirements on October 30,1981.

suuuARr.The Federal Home Loan Bani ecbcalI fo.$ti n a..d !$o.. ent (1)

OMB approval numhr is Board is amending the Regulations for 3150-0011.

the Federal Home Loan Bank System te Cont I {

A stra'aos (2) OMB approval expires April 30 liberalize the terms on which the Ban) e

.r ]

- 1982.

may pay expenses of officers, directort.

SUPPLEt/cNT ARY INFORM ATION:The

• (b)The approved information and employees involved in litigation Paperwork Reduction Act of 1930 (Pub, collection requ!rements include the arising out of their Bank duties.The L 96-511;44 U.S.C. Chapter 35) applicatien. reccrdierping, and amendment will allow the Federal Hot-trar.sferred the responsibility for reporting requireme::ts contained in lean Banks to establish their own approving the information collection' i 1 50.30. 56.33. !a33 a. 50.34(b), (c), (d),

policies regarding litigation expenses.

requirements imposed by the Nuclear (f). 50.34a. 50.35%). 50.30,50.36a. 50 48-EFrEcTrvE DATE: December 17.1981.

Regulatcry Commission (NRC) on the 50.54(f). (p). (q). (r). (s). (t). (u), 50.55(e),

r-ER WORYAtoN CONTACT 7 public from the Ceneral Accountin8 50 55a. 50 59,'b). (c). 50.71(a) (b) (c). (d).

James C. Stewart U202) 37W57). OfE O!fice (CAO)1o the Office of (e). 50.72(a) (b). 50 80. 50.82. 50.90, and d

Management and Budget (OMB). The Appendices A. B. C. E. C. H. ), K. and R.

S ee(

Boa Act requires that each existing information collectica requirement be I5 W I A'"wl Washington. D C. 20552.

reappros ed by OMB as existing CAO

2. The note fo'!cwi g ( 50.110 is SUPPLE MENTARY INFORM ATION:The c!carances expire.This requirernent removed.

Federal Home Loan Bank Board is

.