ML20057A007
| ML20057A007 | |
| Person / Time | |
|---|---|
| Issue date: | 08/02/1993 |
| From: | Sniezek J NRC |
| To: | |
| Shared Package | |
| ML20057A006 | List: |
| References | |
| RULE-PR-140-MISC NUDOCS 9309100273 | |
| Download: ML20057A007 (5) | |
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[7590-01-P]
j NUCLEAR REGULATORY COMMISSION l
10 CFR PART 140
.,RIN'3150-AE75 I
Adjustment of the Maximum -
Standard Deferred Premium i
AGENCY:
Nuclear Regulatory Commission.
i ACTION:
Final Rule.
SUMMARY
The Nuclear Regulatory Commission (NRC). is amending its regulations to increase the maximum standard deferred premium, presently established at
$63 million per reactor per accident (but not to exceed $10 million in any one year), to $75.5 million per reactor per accident (but not to exceed
$10 million in any one year), in accordance with the aggregate percentage change of 19.9 percent in the Consumer Price Index (CPI) from August 1988 through March 1993.
EFFECTIVE DATE:
August 20, 1993.
FOR FURTHER INFORMATION CONTACT:
Ira Dinitz, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, telephone (301) 504-1289.
9309100273 930812 M
~ be made not later than August 20, 1998, and will be based on the incremental change in the CPI since March 1993.
Because this inflation adjustment by the Commission is essentially ministerial in nature (e.g., multiplying $63 million by the percentage increase in the CPI published by the Secretary of Labor and adding this amount to $63 million), the Commission finds that there is good cause for omitting notice and public procedure (in the form of a proposed rule) on this action as unnecessary.
In view of the impending statutory deadline for implementing this change to its regulations, the Commission finds that there exists good cause for making the rule effective on August 20,1993 (less than 30 days after publication of the final rule in the Federal Register).
Environmental Impact:
Categorical Exclusion The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement 4
l This final rule does not contain a new or amended information collection l
requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
Existing requirements were approved by the Office of Management and Budget, approval number 3150-0039.
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Regulatory Flexibility Certification
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As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b),
j the Commission certifies that t,his final rule will not have a significant impact upon a substantial number of small entities. The rule will potentially 4
affect licensees of approximately 116 nuclear power reactors.
Nuclear power plant licensees do not fall within the definition of small businesses as l
defined in Section 3 of the Small Business Act (15 U.S.C. 632), the Small
-i Business Size Standards of the Small Business Administration (13 CFR Part I
121), or the Commission's Size Standards (50 FR 50241; December 9,1985)..
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3 Backfit Analysis The NRC has determined that this final rule does not impose a backfit as l
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defined in 10 CFR 50.109(a)(1) because it is statutorily required. Therefore, 3
i a backfit analysis is not required for this rule.
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i List of Subjects in 10 CFR Part 140 l
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Part 140 - Criminal penalty, Extraordinary nuclear occurrence, j
i Insurance, Intergovernmental relations, Nuclear materials. Nuclear power l
l plants and reactors, Reporting and recordkeeping requiremei.+t.
i For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954 (as amended), the Energy Reorganization Act of 1974 i
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! (as amended), and 5 U.S.C. 552 and 553, the NRC is adopting the following i
i amendment to 10 CFR Part 140:
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Part 140 - FINANCIAL PROTECT 10t{ REQDIREMENTS AND INDEMNITY AGREEMENTS j
- 1. The authority citation for Part 140 continues to read as follows:
Authority: Secs. 161, 170, 68 Stat. 948, 71 Stat. 576, as amended l
(42 U.S.C. 2201, 2210); secs. 201, as amended, 202, 88 Stat. 1242, as amended, f
1244 (42 U.S.C. 5841, 5842).
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- 2. Section 140.ll(a)(4) is revised to read as follows:
5 140.11 Amounts of financial orotection for certain reactors.
(a) Each licensee is required to have and maintain financial j
protection:
I (4) In an amount equal to the sum of $200,000,000 and the amount available as secondary financial protection (in the form of private i
liability insurance available under an industry retrospective rating j
plan providing for deferred premium charges equal to the pro rata share of the aggregate public liability claims and costs, excluding costs payment of which is not authorized by section 1700.(1)(D), in excess of that covered by primary financial protection) for each nuclear reactor which is licensed to operate and which is designed for the production of electrical energy and has a rated capacity of 100,000 electrical
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. l kilowatts or more:
Provided, however, that under such a plan for deferred premium charges for each nuclear reactor which is licensed to operate, no more than $75,500,000 with respect to any nuclear incident (plus any surcharge asse,ssed under~ subsection 1700.(1)(E) of the Act).
and no more than $10,000,000 per incident within one calendar year shall i
be charged.
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f Dated at Rockville, Maryland this OM day of Nwus,I
, 1993.
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i For the Nuclear Regulatory Commission.
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t twk;rX=
- s H. Sniezek C
(c ng Executive Director i
or Operations i
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u CONGRESSIONAL CCRAESPONDENCE SYSTEM DOCUMENT PREPARATION CHECKLIST This checklist is be submitted with each document (or group of Qs/As) sent for e
- ing into the CCS.
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1.
BRIE 1' DESCRIPTION OF DOCUMENT (S)
'M f~c A
/MYe 4, 3hvf b
orrespondenseo Estriagge(esp.
2.
TTFE CF' N C
3.
DOCUMENT CONTROL Sensitive (NRC only)
N Non-Semeitive f
4.
CONGRESSIONAL COMMITTEE and sUBCCMMITTEES (if applicable)
Congressional Committee Subcommittee s
5.
SUBJECT CCDES (a)
(b)
(c) 6.
SOURCE OF DOCUMENTS (a) 5580 (document name (b)
Y scan.
(c)
Atlachmente (d)
Rakey (a)
Other 7.
SYSTEM LOS DATES (a) b b l '>
Date OCA seat document to CCS (b)
Date CCS. remaivees document (c)
Date returned to OCK for additional information (d)
Data resubmitted by-oCA to CCS
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(a)
Data entered into CCS by
~
)
(f)
Date OCA notified that document is in CCS 8.
COMMENTS 030(%
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