ML20041F514
| ML20041F514 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 02/25/1982 |
| From: | Eisenhut D Office of Nuclear Reactor Regulation |
| To: | Morisi A BOSTON EDISON CO. |
| References | |
| NUDOCS 8203170053 | |
| Download: ML20041F514 (8) | |
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Q 3-y February 25, 1982 4
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Docket No. 50-293 M/lR 4 7982n 2-2 ne
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Mr. A. Victor Morisi, Manager
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Nuclear Operations Support Department cw Boston Edison Company ui M/C NUCLEAR 800 Boylston Street Boston, Massachusetts 02199
Dear Mr. Morisi:
Re: Pilgrim Nuclear Power Station This is in response to Mr. J. Edward Howard's January 21, 1982 letter, requesting an extension of the February 1,1982 deadline for implementation of Boston Edison Company's prompt notification system. The final rule establishing this deadline, which became effective December 30,1981, does not specifically address requests for exemption or relief from the February 1, 1982 implementation date. However, pursuant to 10 CFR 50.12, 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 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 stcp in the prompt public notification process. Therefore, timely implementation of a prompt notification system is considered to be beneficial to the health and safety of the public.
(See 46 FR 46587 and 46 FR 63031 for additional information).
In view of the foregoing, it has been determined that granting an extension of time would not be in the public interest.
j However, the Commission recognizes that there may be mitigatim circumstances beyond your control that should be weighed in determining what enforcement action should be taken. Specifically, these considerations are:
(1) whether Boston Edison Company demonstrated diligence in attempting to fulfill the l
requirements; (2) whether or not the NRC was kept informed of the steps taken to fulfill the requirements of the rule; (3) when those steps were l
taken, and any significant problems encountered; and (4) an updated timetable established to achieve full compliance with the prompt public notification capability requirement.
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The information you have provided in this and previous correspondence, will be taken into consideration in determining appropriate enforcement action.
Sincerely.
Original signed by Darrell G. Eisenhut Darrell G. Eisenhut Director Division of Licensing Office of Nuclear Reactor Regulation
Enclosures:
1.
46 FR 46587 2.
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s Federcl Regist:r / Vol. 48. No.182 / Monday. Septzmber 21, 1981 / Propostd Ruhs 465837 10 CFR Part 50 By luty 1.1981. the nuclear power reactor the extended time period for licensee shall demonstrate that compliance.
Emergency Planning and administutive and physicai rneans have been Preparedness f or Production and established for alerting and prodding prompt he Commission's decision to defer UtMtzstion Facilities instructions to the public within the plume the date for requiring full es posure pathway EPZ. The design objectn e implementation of the prompt public Ao t Ncy: Nuclear Regulatory shall be to have the capabihty to essentially notification capability requirement was Commission.
complete the initial notificaison of the pubbe made, ss described above, after A CT1oN: Notice of proposed rulemahrg.
"' thin the plume exposure pathmay ETZ additional consideration of industry-within about 15 minutes wide difficulty in acquiring the suMM ARY.The Nuc! ear Regulatory The NRC staff has evaluated the level necessary equipment. permits. and Commission is proposing to amerld its of compliance by the indus.try and noted clearances.nis proposed deferral does regulations to extend the date by which that only abou'l 12% of NRC'pewer 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 nuclear power fully the july 1.1981 date for installation Commission used in adopting and plants.The proposed extension is based of a prompt public notification system sustaining the public notification en industry wide difficulty in acquiring which meets the criteria in 10 CFR 50 47 capability requirement.See Fmal Rule the necessary equipment, permits, and 50.54, and Appendix E to Part 50. The on Emergency Planning. 45 FR 55402.
clearances. If adopted the proposal licensees inability to meet the July 1.
55407 (Aug.19.1980) reconsiderofion would extend the compliance date for 1981 date has been attributed to the denied. CLI-80-40.12 NRC 636 (1980).11 these systems from July 1.1981 to no unforeseen difficulties and uncertainties is the Commission's continued judgment later than February 1.1982-surrounding the designing, procu.ing, that prompt public noti 5 cation is an dates: Comment period expires October and installing of the prompt noti 5 cation important consideration in the o!Tsite 21.1931. Comments recch ed after this systems. In establishing the protection of the public in the event of a date will be considered if it is practical implementation date, the Commission nuclear accident. %is offsite protection to do so, but assurance of consideration was concerned that these factors would of the public includes a number of cannot be sved except as to comments inEbit the ability to comply with a short separate stepe-eecognition of'the received on or before this date.
schedule and set the July 1981 date with potential severity of the accident by the Acont.ssts-Interested persons r re this in mind (45 FR 55407).
utility, communica' tion of the perceived invited to submit written comments and While licensees
- compliance with the threat to offsite authodtfes, decision by suggestions on the proposal to the prompt noti 5 cation requirement has o!Tsite ofDdals on the need for Secretary of the Commission. U.S.
been delayed the NRC considers that protective action, cspabihty to spread Nuclear Regulatory Commission, emergency plans and preparedness have public warnmg. and actual respecse by Washington. D.C. 20555. Attention:
significantly improved within the last the public. De emergency ptening rule Docketing and Service Branch. Copies of year at and around every nuclear power is premised on redudng to the extent comments recch ed by the Commission plant site." Ibis insignHicant 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 uncertainty associated with each step.
NW., Wa shington. D.C.
of plant sites to evaluate the licensees
- Every aspect of the rule, including the rom FVRTNER INFORM ATION CONTACT:
compliance with the upgraded prompt notification system is still Brian K. Crimes. Director. Division of emerEency planning regulations of required. In ebndng the Emergency Preparedness. Office of August 1980. In addition, the Federal implementation date of the prompt Inspection and Enforcement. U.S.
Emergency Management Agency public notification capability Nuclear Regulatory Commission, (FEMA) and the NRC have monitored requirement, the Commission recognizes Washington. D.C. 20555 (telephone: 301-numerous nuclear emergency exercises the continued need for this requirement 492-4014).
Involving State and local governments and expects all utilities to complete the
$UPP11M E NT A RY IN FOR M ATIOPC and the licensees, and again have installation of this system as soon as witnessed a siginficant improvement on practicable but not later than February 1.%e Proposed Rule onsite and offsite emergency 1.1982. However, the Commission On August 19,1980, the Nuclear preparedness, intends to take appropriate enforcement R' gulatory Commission published in the Based on the above information and action against licensees who did not.
e l
Federal Register (45 FR 55402) on a recognition that there exist prior to July 1.1981, notify the amendments to its regulations (10 CFR customary warning systems (police.
Commission of their inability to meet radio, te ephone) which are viewed as the July 1.1981 deadline, l
Part 50 and Appendix E) concerning the upgrading of emergency preparedness.
sufficiently effective in meny postulated The effective date of these regulations eccident scenarios, the Com nission Is Significant licensee performance was November 3.1980. Among other proposing to defer the implementation strenEths and weaknesses are evaluated things the regulations required licensees date of the prompt public notiDeation in the NRC Systematic Assessment of to submit upgraded emergency plans by rapability requirement from July 1.1981 Licensee Performance (SALP).ne SALP jandary 2.1981, submit implementing b February 1,1982. In vicw of the program speciDeally Includes evaluation procedures by March 1.1981. and above. the Commission finds that there of licensee performance in emergency implement the emergency plans by April exists av71cient reason to believe that preparedness. Accordingly, a licensee *s,
1.1981.
appropriate protective measures can efforts in attempting to meet the, July 1,
One element that must be and will be te. ken for the prctection of 1901 date for installing the prortpt demonstrated in an acceptable the health and safety of the public in the public notification capability will be a licensee's emergency plan is that:
event of a radiolog' cal emerEency during factor in that licensee's SALP.
MS88 Fed:ral Redat;r / Val. 48. Ns.182 / Mond:y. September 2t 1981 / Proposed Ruhs H. Proposed Application of the Final imal rule. when efieetive, wil] be 12+4.124s. t42 U.S C 5841. 5842. so4e). unle:s Rule applied to ongoing bcensing proceedings otherwise noted. Section 50.78 also issued The Comnu.ssion also is proposing in now pendmg and to issues or under sec.122. ea Stat. 939 [42 U.S.C 21521 cont Section 5038 50 et also issued under sec.184.
this rule that the four. month period for Ses. entions therein. Union of Concerned ea Stat. 954. as scended (42 U.S.C 2:34).
correcting deficiencies. provided in entists v. AEC. 499 F. 2d 1069 (D.C.
I 50.5i[s)[2). should nat apply to any Cir.1974).
Sections 501oMo.102 issued under sec. ths.
es Stat. S55 [42 U.S C 22361. For the purpose licensee not in comphance with the Regulatory Fledbil.ity Certification f sec. 223. f4 Stat. ssa, as amended H2 public notification system requirement in accordance with the Regulatory e4 Stat. s49 (42 U.S.C 22c1(i)); il 5010. 50.71.
U.S C 2273). I 50.41(i) aseved under eec.1611.
by February 1.1082. the new deadline Fleubthty Act of 1980. 5 U.S.C. C05(b).
and 5078 issued under sec. teto.68 Stet.950, date. If a licensee is not in compliante the Commission concludes that this rule as amended f 42 U.S C 2201[o). and the laws' with this requirement by February 1..
will not.if promulgated.have a referred to in Appendices.
1982. the Commission will consider m
significant economic impact on a
- 1.Section IV.D.3 of Appendix E to tak, g appropriate enforcement actions substantial number of small entities.ne Part 50 is revised to read as follows:
promptly at that time. In determinir8 proposed rule concerns an extension of cppropriate enforcement action to the cperational date for pubbe Appendix re-Emergenc) Plann.mg and initiate, the Commission will take into en r Productico and Uh,oo notification systems for nuclear power cccount, among other factors, the plants licensed pursuant to Sections 103 demonstrated diligence of thelicensee and mlb of the Atomic EnerEy Act of in ettempting to fulnl1 the prompt public 1954. as a'nended. 42 U.S.C. 2133. 2134b.
D Notification Procedurer notification capability requirement. The The electne utility companies owning Commission will consider whether the and operating these nuclear power
- 3. A Lcensee shall hase the capability to licznsee has kept the NRC informed of plants are dominant in their service
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the steps that it has taken when those,
areas and do not fall within the e;, thi nutes stIps were taken and any sigmficant definition of a small business found in after declaring an emergeacy. ne licensee shall de:nonstrate that tb ":ste/ local problems encountered, and the, updated section 3 of the Small Business Act.15 cfLciais have the capabihty to male a public timzt:ble which the hcensee expects U.S.C. 632. or within the'Smal] Business notification decision promptly on being will be met in achieving full compliance Size Stendards set forth in 13 CFR Part informed by the beensee of an emergency with the prompt public notification 121. In addition. since the am,endment condition. By February 1.1982. each nuclest capability requirements.
extends for one year the date by which power reactor Lcensee shall demonstrate that a den stiaun and phWed man b bn With tespect to requests for the pub!;c notification systems are to be exemptiens that NRC has received from operational, the businesses and state established for alerting and,providing prompt nuclear power reactor licensees and local governments involved in the
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"p concer ting the prompt pubhc manufacture and installation of these p,,h sy FP e ui - on period in to CR 50 54[s)[2] for the conection notification requirement and deadiir.es,.
sy stems are not economically affected in of emergency p!an deficiencies sha!! not for n.stallation and operational any significant manner. Accordingly, apply to denciencies in the initialinstallation capability, the Commission has decided there is no significant economic impact of this pubbc 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 of the July 1.1981 entities, as defined in the Regulatory objective of the prompt public notification date. Any hcer.see not able to meet the Flexibihty Act of1980.
') stem shall be to have the capabihty to new deadline date of February 1.1982 essentially complete the mitial notification of will be subject to enforcement penalties Paperwork Reduction Act Sm.eroent the public within the plume exposure ofier the new date. This provision will Pursuant to the provisions of the P'0**Y.E.PZ within about 15 minutes.The eliminate unnecessary and costly Paperwork Reduction Act of1980(Pub.
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no i$ca ion f tfe p b! c administralise actions needed to L 96-511), the NRC has made a (within 15 minutes of the time that state and consider prtsent exemption requests determinaijon that this proposed rule local officials are notified that a situation thet will esser.tially become moot by the does not impose new recordkeeping.
exists requiring urgent action) to the more proposed extension of the }ely 1.1981 information collection, or reporting hkely esents where there is substantialtime date. This approach will also permit the requirements.
available for the State and local NRC to focus its consideration upon a Pursuant to the Atomic EnerEy Act of govemmental officials to make a judgment reduced number oinoncompliance 1954, as amended the Energy whether or not to activate the public situations which remain at the time of Reorganization Act of1974, as amended, n tification system. Where there la a dec,s,on ii the new deadline. Ills expected that the and Section 553 of Title 5 of the United
'* 'g*[,'i,h] "j,'IM,",'rf[ine ] ether to most efficient use of NRC resources will
,n States Code, notice is hereby given that activate the entire notification system be achieved by this treatment of present adoption of the following amendment to simultaneously or in a graduatedor staged exemption requests relating to the July 1.
10 CFR Part 50. Appendix E is c:anner.ne responsibihty for activating toS1 operational date requirement contemplated.
such a public notification s) stem shall remain if the propos'ed rule is subsequently with the apprepriate govemment authonties.
promu! gated as a final rule. it is the Commission s present intention to make PART 50-DOMESTIC LICENSING OF it effectsve immediately upon PRODUCTION AND UTILIZATION FACILITIES Dated at Washington.D.C this teth day of publicat,on, pursuant to 5 U.S.C.
i t
553[d)(1). since the rule is expected to The authcrity citatJon for Part 50 Sept e=ber 1981.
reliese the obligation of certam reads as follows:
For the Nuclear Regulatory Commission licensees with respect io the prer ent Authority: secs. 103.104.161. t s2. s a3.189.
july 1,1951 deadline for operational E.8 Sta t. 916. 937. 948. 953. 954. 955. 958. a s g,,,,fm,f g, g,,,j,,j,3, public notification systems. In that a ended (42 U.S C. 2133. 2:23. 2201. 2232.
I" D". n-rms twm ns mi regard. the Commission notes th'at the 2:33 22M). secs. 201. 202. 20s. ss stat.1243 ai.u ocea n % -es
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Rules and Reguistions nd"ar kni-Vol. 46. No. 250 Wednesday. December 30. 1981 This se: ten of the FE0 ERA 1. REGISTER On August 11.1981. the Commission This decision is based on a centams repatory documen:s hawng discussed possible actions because reccgnition that emergency plans and general a::i:ahrf and legaf eMe:t. mest e:S are ke ed to and c:cLed in licensees failed to cc= ply with the July preparedness have significantly cf r
nt$o 1.1981 requirement contained in 10 CFR i=preved within the last year at and 50@M and 10 3 50. Appenux E.
I es nder tt es s
around eyery nuclear pawn plant 4
nis sigmficant improvement has,sW U.S.C. 1510 Secticn IV.D.3. The bcensees' failure to The Cece of Federal Re;uiat.cns is soJd meet the Jcly 1. If81 dafe was attributed ccnfirmed by NRC teams who have ce -
by me Se:enntencent of Do:wments.
to urtforeseen difficulties and visited a number of plant sites to Pnces of r:en bons are 1.sted in the rest FEDERAL REGISTEA esue of ea:tt uncertainties surTounding the design.
evaluate the licensees' compliance w..
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procurement and installati6n of the the upgraded emergency planning prornpt notification systems.
regulations of August 1980.In additire At the August 11.1981 meeting. the the Federal Emergency Management Commission approved publication of a Agency (FEMA) and the NRC have HUCLEAR REGULATORY proposed rule change which would monitored numerous nuclear emergerr COMMISSION provide an extensics of the July 1.1981 exercises invoh-ing State and local 10 CFR Part 50 date to February 1.1982. (See 45 FR governments and the licensees, and 46587). That Federal Register notice agam have witnessed a significant Emergency Planning and requested public comment dtiring a 30-improvement on ensite and offsite Preparec' ness for Production and day period ending October 21.1981.
Utifi:ation FacStics To date, co=ments have been Le decision to delay the received from four NRC licensees, five implementation data 8is also based on ACENCY:Nuc} ear Regulatory individuals or organizations in the the recognition that there exist Commission.
nuclear industry, one from the general customary warning systems A CTION: Final rule.
public. Gree from environmental radio, telephone) which are v(police.
iewed as organizations. one from a mass transit sufficiently effective m many postulatet
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 cocinents received from the Commissien finds that there exists regulations. The change to 10 CFR Part the general public and from the sufficient reason to beheve that
- 50. Appendix E delays the date by which er vironinental organi:ations were appropriate protective measures can prompt public notification systems must against delaying the implementation and will be taken for the protection of be operational around all nuclear power date to February 1982. The letters from the health and safety of the public in thc plants. The change to i 50.54 clarifies the other commenters generally agree event of a radiological emergency during the language of the rule to conform with with extending the irnplementation date the extended time period for the Commission's intent at the time of along with additional suggntions.
compliance, promulgation.
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One suggested modificati6n to the II.The Amcodment to 10 CFR 50.54 EFFECTIVE oATE: December 30.1981, proposed rule change. which has been FOR FURTHER INFORMATION CONTACT:
accepted and included in these final Add tionally.10 CFR 50.54(s)(2),
hiichael T. Jamgochian. Hurnan Factors amendments is not to eliminate the cunen y requires Gat.
Branch. Office of Nuclear Regulatory f ur.mond puiod for correction of any ror operating power reactors, the licensee.
Research. U.S. Nuclear Regulatory deficiencies identified during the initial State. and local emersency response plans Commission. Washington. 0.C. 20555 tesung of the prompt notification shallbeimplemented by Aprili.iset,except (telephone 301-443-5942),
system. The Commission now believes as provided in Section IV.D.3 of Appendix E SUPPLEMENTARY INFORM AT'ON that the elimination of this four. month of this part. lf after Apnl1.1981, the NRC period wou}d be inconsistent with the finds that the state of emc;gency
(
I.ne Amendmcot to 10 CFR Part 50 need to perform a reasonable test of the Preparedness does not provide reasonable Appendix E system and make any needed changes assurance that adequate protective measures On August 19.1980, the NRC as indicated by the test results.The.
can and will be taken in the event of a published a revised emergency plannm.
enclosed effective regulation radiological emergency and if the deficiencies g
regulation which became effective on incorporates this concept. The are not corrected within four months of that November 3.1960. The rule required installation date however. remains finding. he Commission will determine licensees to demonstrate among other February 1,1982, and any licensee not whethu the nactor sho!! be shut down until thmgs. by July 1.1981:
completing the installation by that date such deficiencies are remedied or whether "vould be subject topcforcement action.
other enforcement action is appropriate."
"ihat administratis e and physical means After evaluating all public comment 11 has come to the Commission *i.
id ng pro pt nstru tio s e public ners received. the Commission has attention that because this section of'he' within the plume etrosure pathway EPZ. The decided I publish. as immediately regulation was wri!!cn as one t
design objective shall be to have the effective, a final rule change to 10 CFR czpability to essentis!!y complete the initial Part 50. Appendix E which will delay the paragraph. it can be interpreted to mean that the four. month period for the ntisfication of the public within the plume implementation date for the prompt correction of emergency preoaredness esposure pathway EPZ mthin about 15 public notification systems from July 1.
deficiencies does not apply to "Section inmules."
1981 to February 1.1982.
IV.D.3 of Appendix E."
E20n Feder:! ~
".-r / Vol. ;S. No. no / Wednni y. Duccmber 30.19c1 / Rules and Rc:v:. ;r-:
e n:s is a m:s:nter;rmten cf the Regulatory FiesibiUty Act Statement D. Wt beclica Proced ;'c-Com2ssien's mient. which was that the ch::suant to the Re: alaterv Flexibility fe ar.rnenth period is to apply to any Act cf 19&1 Pub. L 9'.-3M. the NRC has 3 ^ I*" 'h'd h* " 'h ' P0".'Y ~
cef;c.ene:es ident:fied in the emergency I#
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fter Ec[an,";s an erla1\\an pians.Tne Com nission is therefore deter nined;(1) That the celaying of the
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=cc:fying i 30.M(s)(2) to more clearly i=p!er:entat:ca date for de prcmpt l n st renect that inte.t. The four.cen6 public notificatien systems will not hav.e shall de=cestrate cat the State / local per.cd provicec 2n i 50.M(s)(2), willnot a signi5 cant eeenc=ic impact on a officials have de capabihty to make a pu apply to any Ocensee for the instaDat:en substantial number cf s=au entities.
not$cate: decision prempdy on being t d trutial test cf the public nctificatics pursuant to the Reg :latory Flex;bility infe: ced by thelicensee of an eme ge:ca 53 s:c= by r ec:.:ary 1.1922. If a licensee Act of1950, secten 655(b) and (2) &at ceniter. By yebr;ary 1.19!:. e a ch nuch is net in compliance mth this the ru!e change to f 50 M(s)(2)is not pown nacer heensn shad demencate, subject to de arc.isiens of the ad=Wstraun and physical means F.an a requ:rement fer instellatics and tesung Re~'ataO Fle5.ibt!ity A esta hshd for Cutmg and mMn; pren becauseahe Co. :ss<? ct of1950L tnstrucuens t the pubuc within the n,ume b.v February 1.1932. the Cc wi.d cc :s' der ta&.g approp.=.=issica
- pursur.nt to 5 l'.S.C. 553 that a not2ce cf cn r.as cete... ed na te
,3.po,u.e path ay Ep2. ne four.1:. - h enforcement actions promptly at that peried in to CFR 53.54ls)l:) for the t.rrect..
time.in determinin; appropriate proposed rule =:iing fer { 50.54 (s)(:)
of e=erge:cy plan denciencies shar. st enforcement action to initiate. the need not be issued and that the rule =av apply to de in:nalinstaDation of th ubi.
Co==ission wiU !ake tnto account.
be prc=u]cated is final.ior= aod
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not$cacco system datis required.'
becc=e efIective on Dece=ber 50.19S1.
Febn.ary 1.1982. The four. month per:cd w.
among other factors. the de=cnstrated cyply to correc: ion of deficiencies it'enuf t diligence of the licensee in atter:pting to Paperwork Reducion Act Statement dun,y tAe initiclinstellation end tn u.y cl fu.lfill the pro =pt public notifica tion Pursuant to the provisicas of the tA e sm=pt publie n,ctife' cation syster es capabitty requirement. He Commissica will consider whether the Utensee ha.s paperwork Reduction Act of 1950 (Pub.
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kept the NRC in!cr=ed of the steps that determination that this finsi rule does E ",,* "
it has taken. when those steps were e
pab o ess ct ce ple e not impose new recordkeeping, inidal netlication of the pubuc within the tuen and any signi5 cant problems info r. atien co' ection, or reporting plume exposure pathway EFZ within ak:t J
encountered, and the Updated tirnetabIe re quuc=ents.
25 cunutes De use of this ocuGeauon w hich the licensee expects will be met Pursuant to the Ate =ic Energy Act of capability will range fr=m imrnedia te f
in achieving full compliance with the 1954, as amended, the Energy notiScadon of the public(within15 rninates i prompt public nctification capabilit7 Reorganization Act of 2974 as amended, of the ti=e that State endlocalef5ci-Is are requirements. The four. month period and section 553 of title 5 of the United a tded that a situaton exists requiring will. however, apply to ccrrection of States Code, the foUowing amendments
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Y deficiencies identified during the irdtial to 10 CG part 50 are ubushed as
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test of Ge prompt public nonfication documents subject to codification:
the State a:d local governmental offic.als to r
systems as well as those deficiencaes rnale a judg:sest wheSer cr not to activate discovered thereafter.
PART 50-DOMESTlc LICENSING OF the public noufication system. Where there i.
Because the ame:dment to PRODUCTION AND UTILIZATION a decision to activate the notmcatier ys:e the State and local ef?icials wiD detuc.ine i 50.54(s)(2)is interpretative and of a FACILITIES whether to activate the ectire notificcCuu minor nature, simply resching,an ambiguity in the rules to the De authority citation for Part 50
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staged manner.De responsibility for Commission's intended meaning at the actnating such a public notificaden syue:n
.me of promdigation. the Co= mission Audorim Sees. sc3. m. 2 s1. 2e:.1t9. 6a shat! re=ais wie 6e appropriata finds good cause to dispense with Stat. 938. 937. 948. 953. 954. 955,958. as governmental authorities.
advance notice and opportunity for arcended (42 U.S C. 0133. :134. 2C1. 232.
pubhc comment thereon as unnecessary.
.,,33,.'239h ncm. Z m SS SM m3.
u44. ms (42 U.S.C 5841. 5842. 5846). unless
- 2. I 50.54[s)(2)is revised to read as for this reason. this change shall be otherwise ooted. secnon So. a else iseued ICUoW5:
i effective as a final rule on December 30, under sec.122 68 Stat. 929 (42 U.S.C :15:t 1981.
Section 5a 75-5021 also issued under sec.
!S0.54 Conditions of Ticenses.
t Likewise, the Commission is 154. La Stat. 954. as a:needed (4: U.S.C :234J.
publishing the final amendments to 10 Secum m10m::: issued under sec. ssa.
(s) * *
- CFR :) art 50. Appendix E (exlending the
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e s
9 a
de (2)(i) For operating power reaetnrs, the implementation date for the installation U.S.C =73). t 50 41fi) issued under sec. it:1.
licensee. State, and bctl emergency of a prompt public notification system) os Sta t. 949 (4:U.S C. 2:01(ilt i150.70. 50.n.
response plans shallbe finplemented by e effective immediately upon and 501s issued u. der sec. t1o. castat. 950.
April 1.1981 except as provided in publication. pursuant to 5 U.S.C.
as amended (42 U.S C :.=1(olk and the to Section IV.D.3 of Appendix E to this 553(d)(1). since,the rule is expected to referred to in Append.icea, part.
relieve the obligation of certain licensees with respect to the present Appendix E ! Amended]
(iij lf aher Aprill 1981, the NRC finds July 1,1981 deadline for operational
- 1.Section IV.D.3 of Appendix E to
- * * #E ' "# E*#'
public notification systems. In that Part 50 :s revned to read as follows:
does not provide reasonkble assurance that adequate protective measures can regard, the Commissioo notes that the final rule. when effective, wiU be Appcodix E Er.ser;eng Eaccing and and will be talen in the event of a pn.pmdness for Production end I.:titi:stico radiological emergency (including applied to ongoi::g licensing proceedinga reemties findings based on require =cnts of now pending and to issues or
'e APPCmdix f 80cfa31.*U] and if the 1
ccnter:tsons thcicin. l.!::icn of Concerned Scicalists v. AEC. 499 F. 2d 2003 (D.C.
Cir.1974).
.n, 4,,% x,, p..,g a 3 m 7,,.m esse WW e rWer.nes.%
%.to es 0.qn tm ee ; p
,d rr.J.
sepe=ber n. ne2.
Federal nc;ister / Ve!. 46. No. 250 / Wednesday. De:emb: W31 / Rules and Regulati:ns G3 9.*i
,d d:c:encies [includme defeciencies applies to the application.
Daicd al ikthesda. Mar >iand. :his 11th %
t.;s ed cn requirements of Appendiz E.
rccordkerp:ng. and teporting ci Dcc e = ber.1 sat.
Sectson /P.D.JI a.re not corrected w: thin requirements contained in NRC Fcr the Nuclear Replatery Commisse
! cur rnends cf that hnding, the regulatiens.
Wimam J.Dticks.
Cc==issien will determine whether the On October 30 Isst the NRC Executive Dhectorfor opero: ions.
reactor shaji be shut down unul such obtained OhfB reapp oval for the irmr= n-. morw s2.s o n=3 cef2c:encies are re=edied or whether infermation collectice requirernents eiw.,o coocrs.o.c cier en!creement action is appropriate.
centained in 10 CFR Part 50. This In deter =.ining wheder a shutdown or arnendment adds a new i 50.8 to Part 50 cier et!:rcement actica is appropriate.
setting out de OMB app oval number.
CEPARTMENT OF ENERGY tr.e Com=ission shad tale into account, the expiration date cf the current a=c: g c6er fatters, whether the approval and a list of sections within 10 CFR Part 503 liccn.ste can demonstrate to the Put 50 that contain an approved IDocket N. ERA-R-81-05)
Cc==issico's satisfaction that the infor=atien coUectics requirement.This deficiencies in de plan are not a=end=ent alio re= oves Ore note Powerplant and Industtfal Fuel Use -
signihcant for the plant in question.ur cencerning the ex7. ired GAO clearance of 197a; Final Rules that adequate interim compensating that foUcws i 50.110.
actions have been or will be taken Because this is a censubstar.tive Correction promptly, or that that there are other amendment dealing wii a minor In FR Doc. SIMD appeadng on compelling reasons for continued procedural matter, good cause exists for page 59672 in the issue of hicaday, operation.
finding that the notice and comment December 7.1981 make the foHowir#
procedures of the Administrauve corrections:
Procedure Act (5 U.S.C. 553) are (1) In i 503.S(c)(2), the foUowing line Dated at Washiraton. D.C. this :2rd day cf De c e mber.19st.
unnecessary and for =aking the -
were inadvertently omitted above,the amen
.e ee e e For the Nut! ear Replatory Cc= mission.
equation on page 59906:
g g
e S* *"'I I' N' as amended. the Energy Reorganization EQ4 DELTA = COST Ser. ret.:ry of:Ae Commissio^
Act of 1974, as ame::ded, and 5 U.S C.
(ALTERNATE)-COST (OIL) where fra ow. n.em rw swer m.=1 552 and 553. the foUcwing amendments COST [ ALTERNATE) and COST (OIL) 8'w'*c cost ww to 10 CFR Part 50 are published as a are determined by:
document subject to codi5 cation.He (2)In i 503.36(a), paragraph (5) was 10 CFR Part 50 authority citation for this document is:
incorrectly designated as (b): therefore, on pace 59914. first column,in the 30th Reporting Recordkeeping, and PART 50---DOMESTIC UCENSING OF line. '#(b) For powerplants..." should Application Requirements; Approval PRODUCTION AND UTILIZATION
'have read *[5] For powerplants...".
AcENCY: Nuclear Regulatory FACILITIES siw +ccoot w w Commission.
Autho:it3-Se c.161. Pub. L SMo3. 88 Stat.
ACTION-Final rule.
ras 3: U.Sc.::c2]
FEDERAL HOME LOAN BANK BOARD
- 1. Section 50.8 is added to read as SUM M ARY:The Nuclear Regulatory 12 CFR Parts 522 and 545 Cocunission is amending its reguiations f U wa:
on the domestic licensing of production
{ 50.8 R e porting, re cort!k eeping, and I No. 81-6001 and utili:ation facilities to indicate application requirements: OMB approval Payment of UtigatJon Expenses of Office of hianagement and Budget (a) the Nuclear Regulatory Directors, and Employees Federal Home Loan Bank Officers, approval of the information collection Commission has sub=it1ed the requirements contained in the information collection requirements regulations. This action is required bY contained in this part of the OfDee of Da ted: December 17. 2981.
the Paperwork Reduction Act of1980.
hianage=ect and Budget (OhfB) for Ac E NCY: Federal Home Loan Bank EFFECTIVE D ATE: Dece:nber 30,1981.
approval as required by the Paperwork Board.
FoR F1JRTHER INFORMAT1oM CoNTAC'T.
ReduClioD Act (Pub. L 95-511). OMB ACTION: Final rule.
Stev.e Scott. Chief. Document approved the informat2cn coUeeb,on hianagement Branch. Division of requirements on October 30.1981.
SUMMARY
- The Federal Home Loan Bank Technical Informauon and Document (1) The OMB approval number is Board is amending the Regulations for 3150-0011..
the Federal Home Loan Bank System to Control. Office of Admirustration.
, Telephone: (301) 492-8585.
(2) OMB approval expires April 30 liberalize the tenns on which the Banks 1982.
may pay expenses ciointers, direcio'rs.
SUPPLEF.'ENT ARY INFORM ATION* De
- (b)The approved !clormation and employees involved in litigation Paperwork Reduction Act of 1980 (Pub.
collection requirements include the arising cut of their Bank duties.The L 95-511: 44 U.S.C. Chapter 35) application. recordkeeping, and arncodment will allow the Federal Ho:ne transferred the responsibility for reporting require =cnts centained in Iman Banks to establish their own a;, proving the information coHection II 50.30,50.33,5033a. 52 34lb). (c). (d),
policies resciding litigation expenses.
requirementa imposed by the Nuclear (f). 50.34 a. 50.35(b) 50.36. 50.36a. 50 4 8.
i EFrECTrVE D ATE: December 17.1981.-
Regulatory Commission (NRC) on the 50.54(f). (p) (q). (r). (s). (1). (ul. 50.55(el.
public from the Ccncral Accounun8 50.55a. 50.59(b). (c). 50.71(a). (b). (c) (d).
FcR mRTHER INFoRLtATION CONT,ACT:'
Office (CAO) to the Office of (e). 5032(a) (b). 50 80. 50 E2. 50.90, and James C. Stewart ([202) 3N50. O&e, of General Counse!. Federal Home Loan Managemcot and Budget (OMB). The Appendices A. B. C. E. C. H. J. K. and R.
Act requires that each existing Bank Board.1700 C Street. NW.
Information co!!cction requirement be
{ 50.110 [ Amende d!
Wa shmgton. D.C. 20552.
I reapproved by OMB as existing CAO
- 2. The note following i 50.110 is SUPP' EMENTARY thFORM ATION:De l
charan:es expire.His requirement removed.
Federal Heme Loan Bank Beard is
L Mr. A. Victor Morisi Boston Edison Company cc:
Mr. Richard D. Machon Pilgrim Station Manager Boston Edison Company RFD #1, Rocky Hill Road Plymouth, Massachusetts 02360 Henry Herrmann, Esquire Massachusetts Wildlife Federation 151 Tremont Street Boston, Massachusetts 02111 Plymouth Public Library North Street Plymouth, Massachusetts 02360 Resident Inspector c/o U. S. NRC P. O. Box 867 Plymouth, Massachusetts 02360 Ms. JoAnn Shatwell Office of the Attorney General Environmental Protection Division 1 Ashburton Place 19th Floor Eoston, Massachusetts 02108 Ronald C. Haynes Regional Administrator, Region I U.S. Nuclear Regulatory Comission 631 Park Avenue King of Prussia, PA 19406 l
l Mr. J. Edward Howard Vice President, Nuclear Boston Edison Company M/C NUCLEAR 800 Boylston Street Boston, Massachusetts 02199 l