ML20054E559
| ML20054E559 | |
| Person / Time | |
|---|---|
| Issue date: | 06/02/1982 |
| From: | Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| References | |
| TASK-RIA, TASK-SE SECY-82-220, NUDOCS 8206110356 | |
| Download: ML20054E559 (6) | |
Text
,
~
e e-n pa na ll 2
i 'k@$)' \\
1 Q%.n.., f s y
June 2, 1982 SECY-82-220 RULEMAKING ISSUE (Affirmation)
For:
The Commissioners From:
Leonard Bickwit, Jr.
General Counsel
Subject:
CLARIFICATION OF IMMEDIATE EFFECTIVENESS RULE
Purpose:
To present for Commission consideration a Federal Reaister Notice clarifying the application of the immediate effectiveness rule where the Commission review is not on the critical path.
Discussion:
The immediate effectiveness rule, 10 CFR 2.764, sets a 30-day goal for Commission review of Licensing Board full power operating license decisions to determine whether the Boards' decisions should go into effect so as to authorize the issuance of the license in question.-
This " goal" is not legally binding on the Commission and may be relaxed in appropriate cases.
Where this Commission review is not a critical path item -- i.e., when the applicant is not prepared to commence operation beyond 5%
l of rated power -- the Commission and its advisors may take longer than 30 days to complete their review without impacting on the applicant's schedule.
We have draf'ted an amendment that would modify the langunge of 10 CFR 2.764 to make it clear that the 30-day goal would apply only when the applicant was prepared to implement a favorable Commission decision.
We propose to leave the 10-day comment period unchanged, explaining that the Commission can expand it in appropriate cases.
CONTACT Rick Parrish, OGC
^
634-3224 gowno35(o xA
2 3
Amendments of this nature may be issued in final form, effective upon publication, without the need for public comment.
We see no need to seek comment on this amendment or to defer its effective date.
We are currently prepari.ng a propo' sal to conform the construction permit effect'iveness review procedures to the operating license review procedures.
This proposal will include a similar modification to the 30-day goal.
Recommendation:
Adopt the amendment and approve the attached notice for publication in the Federal Register.
,.T
( {D1.-(w.
c s
s Leonard Bickwit, Jr. '
General Counsel
Attachment:
Draft Federal Register Notice: Final Rule Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Wednesday, June 16, 1982.
l Commission. staff office comments, if any, should be submitted to the Commissioners NLT Wednesday, June 9, 1982, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for' analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
[
This paper is tentatively scheduled for affirmation at an l
Open Meeting during the week of June 21, 1982.
Please refer to the appropriate weekly Commission Schedule, when published, for a specific date and time.
DISTRIBUTION:
Commissioners OGC OPE SECY OCA OIA OPA EDO ELD ASLBP ASLAP
k~
United States Nuclear Regulatory Commission 10 CFR Part 2 Commission Review Procedures for Power Reactor Operating Licenses; Immediate Effectiveness Rule AGENCY: ' U. S. Nuclear Regulatory Commission ACTION:
F NAL RULE
SUMMARY
The Nuclear Regulatory Commission is amending its rules of practice to modify the schedule for Commission review under the immediate effectiveness rule.
The 30-day goal for completion of this
~
review will apply only when the applicant is prepared to implement a favorable Commission decision. When the applicant' is not prepared to commence operating above low power, the Commission may take longer than 30 days but intends to complete its review in such a time frame that it would not delay full-power operation of the plant in the event tha't issuance of the license is authorized.
The amendment conforms the language of the rule with current Commission practice.
1 EFFECTIVE DATE:
[ Insert date of publication in the Federal Register].
FOR FURTHER INFORMATION CONTACT:
Richard A. Parrish,~0ffice of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555,(202)634-3224.
SUPPLEMENTARY INFORMATION:
Under the immediate effectiveness rule, the Commission established a 30-day goal for completion of its effectiveness l
+
l review of Atomic Safety and Licensing Board decisions on full-power l
l
2 operating license applications.
46 Fed. Reg. 47764 (September 30,1981).
The purpose of these reviews is to determine whether the Licensing Boards' decisions should go into effect so as to authorize issuance of full-power operating licenses pending the completion of administrative appeals.
Cases have arisen during the past year in which there was no need to complete this review within the allotted 30 days because the facility was not prepared to operate beyond low power.
This was generally because construction had not been completed or because fuel loading and low-power testing would require longer than 30 days.
In such instances, the Comission has disregarded the 30-day goal, not binding in any event, and has scheduled its effectiveness review for completion in such a time frame that it would not delay operation of the plant beyond low power in the event that the Comission authorized issuance of the license.
The Commission hereby modifies the immediate effectiveness rule to conform to this practice. Accordingly, the Comission intends as a goal to complete the effectiveness review of full-power operating license decisions within 30 days of the licensing board decision or before the applicant is prepared to operate beyond low power, whichever is later.
The Comission is not modifying the 10-day period in which parties may file brief coments pertaining to the effectiveness issue.
- However, where it appears that some substantial time will pass between the licensing board decision and the capability for full-power operation, the comment period may be extended for good cause pursuant to 10 CFR 2.711 and 2.772.
3
+
This minor amendment has no effect on the participatory rights of. the parties to contested operating license proceedings.
It does not affect the method or standards of review employed by the Comission.
Nor does it affect the availability of stays pursuant to 10 CFR 2.788 or the subsequent Appdal Board or Comission review of the merits of licensing board decis9ns.
It simply states in clear terms the scheduling goals presenth.pplicable to the Comission effectiveness review.
For these reasons and because the rule change deals solely with agency internal rules of procedure, the Comission believes that notice of proposed rulemaking and public coment on this amendment is unnecessary. Also, because this clarification relates solely to internal rules of procedure, the Comission has determined to make the change effective upon publi. cation in the Federal Register.
REGULATORY FLEXIBILITY ACT:
In accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b), the Comission hereby cert 1fies this rule will not have a significant economic impact on a substantial number of small entities.
This rule clarifies the Comission's Rules of Practice by codifying current scheduling guidelines for review procedures.
LIST OF SUBJECTS-IN 10 CFR PART 2.
Part 2 - Rules of Practice.
Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and section 553 of Title 5 of
4 6
the United States Code, notice is hereby given that adoption of the following amendments to 10 CFR Part 2 is contemplated.
10 CFR Part 2 is amended as follows:
1.
The, authority citation for Part 2 reads as follows:
1.
AUTHORITY:
Secs. 161p and 181, Pub. L.83-703, 68 Stat. 950 and 953 (42 U.S.C. 2201(p) and 2231); sec.191, as amended, Pub. L.87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, as amended, Pub. L.93-438, 88 Stat. 1242 (42 U.S.C. 5841); 5 U.S.C. 552; unless otherwise noted.
Sections 2.200-2.206 also issued under sec. 186, Pub. L.83-703, 68 Stat. 955 (42 U.S.C.
2236) and sec. 206, Pub. L.93-438, 88 Stat. 1246 (42 U.S.C.
5846).
Section 2.700a is also issued under Pub. L.89-554, 80 Stat. 384 (5 U.S.C. 554).
Sections 2.800-2.808 also issued under 5 U.S.C. 553.
Section 2.809 also issued under 5 U.S.C.
553 and Sec. 29, as amended, Pub. L.85-256, 71 Stat. 579, and Pub. L.95-209, 91 Stat. 1483 (42 U.S.C. 2039).
2.
Paragraph (f) of 10 CFR 2.764 is amended to read as follows:
(f) Nuclear Power Reactor Operating Licenses (2)
Commission (iii) The Commission intends to issue a stay decision within 30 days of receipt of the Licensing Board's decision or, when the applicant would not be pw.--
5 o
~
prepared to proceed beyond low-power operations within 30 days, within such a time frame that operation of the plant beyond low power would not be delayed in the event of a Commission decision authorizing issuance of the license.
The Licensing Board's initial decision will be considered stayed pending the Commission's decision insofar as it may authorize operations other than fuel loading and low-power (up to 5 percent of rated power) testing.
Dated at Washington, D.C. this day of
, 1982.
For the Commission SAMUEL J. CHILK Secretary of the Commission 1
l
a 2 m m u uTmmTnmmnVmVmMVMth%MW68V(MV(\\@(3\\iV(V(V(\\f(\\W(V(MMkkEM(,M$h.fl [g m
/
gg TRANSMITTAL TO:
Document Control Desk,/
Oh,y 016 Phillips
{o 4:>
N/p.
sg,g gC g
c i
~
$m%' 99g
~
ADVANCED COPY TO:
/'7 The Public Document P,o if;$$;g.,..
[h M l
DATE:
cc: OP 'F1 F
From: SECY OPS Branch
/
/
- p C&R (Natalte-)
p Attached.are] copies of a Commission meeting 1'
transcript /s/ and related meeting document /s/.
They 5,
are being forwarded for entry on the Daily Accession M
List and placement in the Public Document Room.
No 1:5!
other distribution is requested or required.
Existing
?
DOS identification numbers are listed on the individual
?p' documents wherever known..
g=::> ;
Meeting Tit 1e: hlSCa35Y h CIMon of $$c{GXJ'tES a kensmasaa Mns %< (M%m~ yfs f
hu.kW $GcenYe5
~
open X W
MEETING DATE:
[, f.2 8.'}.,
Closed DOS COPIES.
7
/
/
Copies (1 of each Checked) b ITEM DESCRIPTION:
Advanced May Pd=
To PDR:
kfunSCM\\O,k
.
- Original be Duolicate @
1.
- Docu:nent dup
- Copy
- l I
w
-c S$C s/- RJ - 4 a o 1
I 2.
==> 1 E1:'I
-c:
e 3.
h c
4.
5.
."p p
Cb
- Verify if in DCS, and g
change to "PDR 4=:
(PDR is advanced one of each docmnt, two available."
of each SECX paper.)
j 1
- L R
"*