ML20058F636
| ML20058F636 | |
| Person / Time | |
|---|---|
| Issue date: | 11/24/1993 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| FRN-59FR6792 AE62-1-035, AE62-1-35, AE62-1-XX, SECY-93-285A, NUDOCS 9312080212 | |
| Download: ML20058F636 (103) | |
Text
. _ _ _ _ _
s RELEASED TO THE PDR l
?,wg%
b
//Ak7h h!
sa:e in
.................a e'
2 5-E
......a RULEMAKING ISSUE (Notation Vote)
November 24, 1993, SECY-93-285A FOR:
The Commissioners FROM:
James M. Taylor, Executive Director for Operations
SUBJECT:
SUPPLEMENTAL INFORMATION ON PROPOSED PART 76, " CERTIFICATION OF GASEOUS DIFFUSION PLANTS" PURPOSE:
To provide supplemental information on the certification of the gaseous diffusion plants.
BACKGROUND:
In SECY-93-285, the staff recommended a proposed rule to maet the enrichment provisions of the Energy Policy Act of 1992 (the Act), which requires the Nuclear Regulatory Commission to establish an annual certification process for the gaseous diffusion plants (GDPs) operated by the U.S. Enrichment Corporation (Corporation. On October 26, 1993, the staff briefed the Commission on the propose)d rule.
DISCUSSION:
The Commission briefing on October 26, 1993, raised several questions and concerns, primarily regarding the certification procedures, including the following:
i O
What is a certificate of compliance?
i O
What is the relationship between the NRC certificate and the application submitted by the Corporation?
CONTACT:
C. Nilsen, RES 492-3834 1
^l SECY NOTE:
TO BE MADE PUBLICLY AVAILABLE WHEN THE FINAL SRM IS MADE' VAILABL L g%[
XA 270009 93Mh8CdM rS h
i x
e The Commissioners 2
C)
How will the procedures for the initial certification differ from those for subsequent certifications?
C)
Will the certification process follow a predictable schedule, yet allow for continuing resolution of any open issues?
()
How should backfitting be addressed?
In response to these concerns, the staff has expanded the Federal Reaister discussion of the procedures (See enclosure). A " strikeout / redline" format has been used to aid review of the changes.
1 The proposed rule has been clarified as to the requirement that the Corporation must submit information on training programs as part of its certification application.
Previously, the proposed rule would have included training under management oversight, without identifying training as a distinct area to be addressed.
The staff has also made several additional changes to the proposed rule which reflect the recent agreement that the Department of Energy will retain responsibility for access authorizations.
Information on the handling of GDP related personnel clearances has been provided separately to the Commission's legal assistants by the Office of the General Counsel.
In recognition of Commission interest, the staff has further considered a backfit requirement in the proposed rule and concluded that such a provision could be included. However, because the staff has no experience with backfit provisions appropriate for the two gaseous diffusion plants, the backfit provision recommended by the staff in the rule reflects provisions contained in 10 CFR Part 50, with the baseline to be established after the first annual certification following the initial certification. Other options with respect i
to the baseline include the first certification, certification after several years, or even the existing plant configuration prior to the first certification.
The staff, as requested, also considered publishing the technical aspects of the proposed rule separate from the procedural aspects.
The staff believes that, given the statutory deadline, a complete rule should be published for public comment as soon as possible.
C0 ORDINATION:
The Office of the General Counsel has reviewed this paper and has no legal objection.
The Commissioners 3
i RECOMMENDATION:
That the Commission:
Acorove the proposed rule in SECY-93-285, with changes described in the enclosure.
/
,%G xecutive}$ flor ames M.
Director for Operations
Enclosure:
Revised FRN Commissioners' comments or consent should be provided directly to the Office of the Secretary by COB, Friday, December 10, 1993.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT, December 3, 1993, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional review and comment, the Commissioners and the i
Secretariat should be apprised of when comments may be expected.
DISTRIBUTION:
Commissioners OGC OCAA IG OPA OCA OPP DCD Central Files EDO ACRS ASLBP SECY
1 i
i Federal Register Notice i
1
i l-
[7590-01]
NUCLEAR REGULATORY COMMISSION 10 CFR Parts 19, 20, 21, 26, 51, 70, 71, 73, 74, 76 and.95 RIN 3150-AE62 T
Certification of Gaseous Diffusion Plants AGENCY: Nuclear Regulatory Commission.
ACTION:
Proposed rule.
t
SUMMARY
- The Nuclear Regulatory Commission (NRC) is proposing to amend its
~
i l
regulations to add a new part that would include the requirements for certification and operation of the U.S. Department of-Energy (D0E) owned gaseous diffusion plants that enrich uranium. These proposed regulations would protect the public health and. safety from radiological. hazards and would provide for the common defense and security, including' adequate safeguards, in I
all uranium enrichment activities of the United States Enrichment Corporation (USEC) in its operation of the two gaseous diffusion plants that USEC-is leasing from the DOE.
These two plants are located in Paducah, Kentucky, and Portsmouth, Ohio.
In addition to the proposed new part, a number of.
~
conforming amendments are also being proposed to NRC's Regulations.
1 i
l DATES:
Submit comments by (insert date 60 days after the date of publication-in the Federal Register). Comments received after this date'will be considered if it is practical to do so, but the Commission is able to assure-i 4
consideration only for comments received on or before this date.
1 ADDRESSES: Mail written comments to:
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, 20555. ATTN:
Docketing and Service Branch.
Hand deliver comments to:
11555 Rockville Pike, Rockville, MD, 20852, between 7:45 am and 4:15 pm Federal workdays.
1 J
Copies of comments received, the environmental assessment, finding of no i
significant impact, and the regulatory analysis may be examined at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC.
i FOR FURTHER INFORMATION CONTACT: Mr. C. W. Nilsen, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-3834; Mr. S. R. Ruffin, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 504-2696; w Mr. C. B. Sawyer, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 504-2366';for?MryDijGGKiddj{0ffice;ofj Administr.atioiR Division *of: Security,j U.[ShNuclear]Regulat# 1Commiss;iorifWaishingtorQ DC 20S5, ; tel eph' oriel (301)[492?4127]
SUPPLEMENTARY INFORMATION:
Background
The President signed H.R. 776, the " Energy Policy Act of 1992" (the Act), into law on October 24, 1992.
The Act amended the Atomic Energy Act-of..
1954 ("AEA"), to establish a new government corporation, the U.S. Enrichment Corporation (the " Corporation"), for the purpose of managing and operating the 2
e,
v
- ~
ewe w--
7 r,
-+t--vr,m--
e te-r =w
uranium enrichment enterprise previously owned and operated by the Department of Energy.
Section 1701 of the AEA, as amended, provides that within 2 years after enactment of the legislation, the NRC is required to promulgate standards that will apply to the two operating gaseous diffusion plants to protect the public health and safety from radiological hazards, and to provide for the common defense and security. The NRC is proposing to establish' requirements and procedures for the certification process by addition of a new part to Chapter I of Title 10 of the Code of Federal Regulations.
Section 1701(b)(2) of the AEA, as. amended, directs the NRC'to establish a certification process under which the two gaseous diffusion plants at Portsmouth, Ohio, and Paducah, Kentucky, to be operated by the Corporation, will be annually certified by the NRC for compliance with those standards.
Proposed Action The Commission is proposing to add a new 10 CFR Part 76 entitled
" Certification of Gaseous Diffusion Plants." This new part will include procedural requirements, generally applicable NRC health and safety standards, i
technical safety requirements, and safeguards andiseciiFity requirements specific to the gaseous diffusion plants.
The Commission will use the requirements included in this new Part 76 to satisfy Energy Policy Act l
requirements.
The certification requirements in this proposed rulemaking include actions that are either required by the Act or required by the Commission's own procedures to protect the public health and safety from radiological hazards, to provide for the common defense and security, and to i
ensure adequate safeguards.
3 l
A. General requirements.
The general requirements being proposed are based on and derived mainly from 10 CFR Part 70.
Part 70 contains the regulations used by the Commission to license the' possessio'n of'special nuclear material:at major fuel cycle facilities for which the NRC has regulatory responsibility for protecting 1
public health and safety, and the common defense and security.
Specific i
proposed sections in this new part, which are based on 10 CFR Part 70, as modified for the certification process, include the following:
Section 76.1 Purpose. This section defines the purpose of Part 76 to be limited to certification of the existing 40 year old gaseous diffusion plants previously operated by the Department of Energy.
(Reference 9 70.1).
Section 76.2 Scope.
This section defines the scope of Part 76 to cover the operation of gaseous diffusion plants previously operated by DOE and leased to the Corporation, and clarifies the new part applies only to those plants.
(Reference 1 70.2).
Section 76.4 Definitions.
This section contains definitions of terms as used in this part.
(Reference 9 70.4).
Section 76.5 Communications. This section describes requirements for oral and written submissions to the Commission.
(Reference 9 70.5).
Section 76.6 Interpretations.
This section contains requirements for interpretations authorized by the Commission.
(Reference 5 70.6).
Section 76.7 Employee protection. This section indicates that discrimination is prohibited.
(Reference 5 70.7).
Section 76.8 Information collection requirements: OMB approval not required.
This section indicates that the information collection requirements 4
.. - ~
contained in this part need not be reviewed and approved by the Office of Management and Budget in accordance with the paperwork Reduction Act l
(Reference s 70.8),
i 1
Section 76.9 Completeness and accuracy of information.
This section specifies that all information must be complete and accurate.
(Reference s 70.9).
Section 76.10 Deliberate misconduct.
This section prohibits certain Corporation activities and describes resulting enforcement action.
(Reference s 70.10).
Section 76.23 Specific exemptions.
This section specifies that the Commission may grant exemptions.
(Reference s 70.14).
Sectionj76.761Backfittinh [ThisXs'e~ctionisetsiforttilthe[conditjons3for backfitti ngl thelpi an ts (aftepthe difstfanndal[certi fi dat ionj followinglthe i niti'alfcert.i f;ication !Undirlthi;sipart ~aiidjyllisMiyjto2algsObs;eqdsnt.
s c erti fi c atilon tac ti on si whi ch" f al.lfb;nde rft hsWckfi t?guidel iheW
~
Section 76.81 Authorized use of radioactive material. The section sets forth requirements for the Corporation's possession and use of radioactive material.
(Reference 9 70.41).
Section 76.83 Transfer of radioactive material.
This section contains requirements for the Corporation's transfer of radioactive material.
(Reference s 70.42).
Section 76.89 Criticality accident requirements.
This section contains monitoring requirements for criticality accidents.
l Section 76.91 Emergency planning.
This section contains emergency planning requirements.
In addition to the emergency planning requirements of Part 70, the proposed rule requires continuation of some current emergency 5
t
i preparedness practices at the plants.
The Commission believes that this is appropriate considering their continuing operation and their longstanding arrangements with the surrounding community regarding offsite emergency response. (Reference s s 70.24 and 70.22(1)).
Section 76.120 Reporting requirements.
This section contains requirements for 1-hour notification, 4-hour notification, 24-hour j
l notification, and for preparation and submission of reports.
(Reference s 70.50, s 70.52, and 5 74.11).
Section 76.121 Inspections.
This section states that the Corporation shall afford the Commission opportunity for inspection and that office space for Commission inspection personnel must be provided.
(Reference s 70.55).
Section 76.131 Violations. This section specifies actions the Commission may take, to include obtaining a court order to prevent a violation and contains civil penalty provisions.
(Reference s 70.71).
Section 76.133 Criminal penalties. This section specifies criminal sanctions for violations.
For purposes of section 223 of the Atomic Energy Act of 1954, as amended, which provides for criminal sanctions, all regulations in Part 76 are issued under one or more of sections 161b,1611, or 1610 except for the sections listed in s 76.133(b).
(Reference s 70.72).
B. Procedural requirements.
As directed by Section 1701(c) of the AEA, as amended, the proposed rule contains procedures for the annual certification process. Apart from requiring an annual application for a certificate of compliance and a determination by the Commission, in consultation with EPA, of compliance with the NRC's standards, the legislation does not specify procedures for the 6
l i
f certification process.
In addition, the amendments provide that the 1
requirement for a certificate of compliance is in lieu of any requirement for l
a license. Thus, the NRC has substantial discretion in determining i
l appropriate procedures for the certification process.
By providing for public i
notice and a written comment period with respect to an application for a certificate of compliance, as well as the opportunity for the Corporation and I
other interested parties to petition the Commission for review of the decision j
to grant or deny a certificate or request for approval of a compliance plan, the Commission believes that it is proposing a fair and efficient procedural scheme.
J The procedural requirements being proposed for the certification
)2 process, to implement provisions of the Act and to constitute the Commission's l
proposed certification process, include:
Section 76.21 Certificate required.
This section contains the I
1 requirement to obtain a certificate of compliance to operate the gaseous 1
diffusion plants.
(Reference the Act).
l Section 76.31 Annual application requirement.
Thit section specifies the annual application requirements for the certificate of compliance.
3 l
(Reference the Act).
Section 76.33 Application procedures.
This section contains filing I
requirements and specifies the required contents of the application.
Section 76.37 federal Register notice. This section concerns public l
1 notice of the filing of an application and the opportunity for public comment.
i i
Section 76.39 Public meeting. This section describes the procedures for a public meeting on the application to be held at the discretion of the J
Director, Office of Nuclear Material Safety and Safeguards (NMSS), NRC, and i
7 4
I
l provisions for a transcript of a meeting. A public meeting will be held on~
the first certification application.
l Section 76.41 Recorti underlying decisions. This section specifies that' any decision must be based on information in the record and that significant-information on any proceeding, with limited exceptions, must be part of the public docket. This is not intended to constitute a requirement of adjudication on the record after opportunity for agency hearing under the Administrative Procedure Act.
Section 76.43 Annual date for decision.
This section describes the timing of the annual decision on the application by.the Director, NMSS.
I Section 76.45 Application for amendment of certificate. This section i
states the procedure for amending a certificate prior to the established date
{
of the next application for a certificate.
Section 76.51 Conditions of certification. This section requires compliance by the Corporation with all requirements set forth and referenced in Part 76 or in a certificate of compliance or approved compliance plan.
i Section 76.53 Consultation with Environmental Protection Agency (EPA).
This section requires that the Connission will consult with the EPA in making.
-l the annual decision on the application for a certificate, including the provisions of any compliance plan.
]
Section 76.55 Timely renewal. This section states that timely and j
sufficient filing of an application for a certificate of compliance maintains in effect any existing certification or approved compliance plan until issuance of a final and effective decision on the application. This envisions-the unlikely situation in which the Commission is unable to make its final, annual determinations regarding an application for a certificate of compliance 8
i l
l l
i despite the filing of a sufficient application.
In this case, the Commission will deem its prior determinations regarding compliance to be its' current and effective determinations until final resolution of the subsequent application and will advise Congress accordingly in its annual report under section 1701(b) of the AEA, as amended.
The Commission invites commenters to address this proposal.
Section 76.60 Regulatory requirements which apply.
This section-specifies the requirements which the NRC will apply for certification of the Corporation's operation of the gaseous diffusion plants.
Section 76.62 Issuance of certificate or approval of compliance plan, i
This section specifies that the Director, NMSS, may issue a certificate or
- l approval of a compliance plan, requires notice of the decision in the Federal Register, and states that the Corporation or affected members' of the public who have provided comments in the proceeding may seek the Commission's review of the Director's decision.
Section 76.64 Denial of certificate or compliance plan. This section states that the Director, NMSS, may deny a certificate or compliance plan and i
that the danial must be noticed in the Federal Register. This section also provides an opportunity for action by the Corporation before denial.
It also 1
states that the Corporation or affected members of the public who have provided comments on the application may seek the Commission's review of the Director's decision.
Section 76.68 Plant changes. This section describes plant or operational changes permitted by the Corporation without prior Commission approval. Documentation of revisions must be submitted to the NRC.
9 i
Section 76.70 Post issuance.
This section specifies procedures for amendment, revocation, suspension, or amendment for cause of the certificate.
Section 76.72 Miscellaneous procedural matters. This section concerns procedures for filing petitions, ruling on matters of procedure, and communication between Commission and staff. Additional guidance regarding the filing and service of petitions for review of the Director's decision and responses to such petitions may be provided in the Director's decision or by order of the Commission.
Except for proceedings under 10 CFR Part 2, Subpart.G for imposition.of a civil penalty, the Commission is not imposing restrict. ions on ex parte.
i communications or on the ability of the NRC staff and the Commission to j
communicate with one another at any stage-of this regulatory process. Staff would not participate in a review of the Director's decision as a p~ arty, but-3 rather would serve as an advisor to the Commission. Congress has not required formal adjudication, and the Commission believes that informal processing without such formal restrictions on communication are best suited for' resolution of applications for a certificate on an annual basis.
1 C. Technical safety requirements.
The major technical safety requirements proposed are found in the following sections:
Section 76.35 Contents of applications.
This section specifies that applications must include a safety analysis report, a compliance status report which includes environmental and effluent monitoring data, a quality assurance program description, a description of use of radioactive material, a nuclear material control and accounting plan, a physical protection plan for special 10
i 0
l nuclear material in transit, a plant physical security plan, an emergency plan, a plan for security facility approval and protection of classified information and hardware, a description of the Corporation's response necessary to implement International Atomic Energy Agency safeguards, and a description of W waste treatment and management program.
With respect to the proposed paragraphs 76.35(k) and (1), which would require a description of the depleted uranium and waste management. programs, including funding plans to assure availability of funds to implement the programs, the Commission requests public comment on appropriate interpretation of the Energy Policy Act of 1992 (the Act).
The Commission is inclined to interpret the Act to terminate NRC regulatory jurisdiction over the Department's gaseous diffusion plants if and when the Corporation ceases operations and the plants are brought to a cold shutdown condition.
Oversight responsibility would then revert to DOE which will be responsible for the plants' decontamination and decommissioning including disposal of all wastes and disposition of any depleted uranium at the sites. Under this interpretation, the Corporation's plans for wastes and depleted uranium will therefore be matters for DOE, rather than NRC, to address.
The Commission l
requests comments on this interpretation, and after taking into account any i
such comments, the Commission may eliminate the requirement under 76.35(k) and (1).
The proposed rule would require any application which contains Restricted Data, classified National ~ Security /Information,LSafeguards Information,-proprietary or other withholdable' data to be prepared in such a manner that all Restricted Data i ceparated from the ur.chssiried 11 1
in format 4ev such information'or data are separated from the information tolbe made available' to_ the public.
Section 76.85 Assessment of accidents.
This section contains the requirement for performance of a safety analysis of the potential for releases i
of radioactive material from accidents.
Specifically, the proposed rule requires that a safety analysis of the site activities be performed to evaluate the potential for releases of radiological material from the existing plants.
The analysis would evaluate
{
releases from a reasonable spectrum of postulated accident scenarios which may j
occur in the gaseous diffusion plants taking into account the existing systems 1
in operation that are intended to mitigate the consequence of any release.
Special attention must ensure that cite acti"itic:
"' be conducted in:
manner te prevent, reduce, er te -itig tc the radiclegical censequence cf internal and externa' event and natural phenemena.
These potential releases, i
together with site characteristics, including meteorology, are to be used to i
evaluate the potential onsite and offsite radiological consequences.
T, Corporation must provide a level of protection against accidents during plant operations suff kient to provide adequate protection of the public health and safety.
In assessing the level of protection provided by the Corporation, the operational safety objectives to be used by the Commission will be that no individual at the site boundary would be likely to receive a total radiation dose to the whole body in excess of.25 Sv (25 rems)
(total effective dose equivalent) or an intake of greater than 10 milligrams of uranium in soluble form in the event of an accidental release.
The proposed.25 Sv (25 rems) objective is also used for Part 50 licensees and is addressed in 10 CFR Part 100. This goal will be used by NRC as a factor to 12
assist in arriving at an overall public health and safety determination but it does not constitute a siting criterion for the uranium enrichment plants.
Instead, it will be used by the Commission as an operational goal, and the Corporation should accordingly provide information pertaining to specifications for conducting plant operations that would result in this goal ar.d the goal on uranium intake being met or that adequate supplementary protective measures are developed and implemented. The use of 10 mg intake of uranium is an amount that can be considered as equivalent in risk to a.25 Sv (25 rems) acute radiation dose in that there is little risk of permanent damage,'.
2 The Commission is proposing the 10 mg objective in consideration of chemical toxicity which would be used as the limiting factor for soluble 1
uranium in the accident analyses under this section.
The Commission's limited use of chemical toxicity considerations in Part 76 is consistent with its practice elsewhere (e.g.,10 CFR 20.1201(e)), and prevents any potential regulatory gap in public protection against the toxic effects of soluble I
The Commission is interested in comments on these safety objectives, including their magnitude, whether or not they should be included as part of the rule, and whether alternative values should be adopted.
l In a related matter, the NRC staff recently announced that it is I
i i
developing guidance and regulatory requirements on integrated safety analysis l
2Federal Register Notice? Volk: 53, NoO78U13276,K Friday," April'"22M1988,
Advanced Notice; of Proposed 1Rulemaking, ; Regulationf off UraniumJEnrichment Facilities.
'~
' ~ "
~
^
1
' Chemical Toxicity of? UraniumTComparedi to ? Acute? Effects"ofl Radiation!
NUGREG-1391, February-1991.
13 l
l l
1 i
]
(ISA) of licensed fuel cycle facilities (58 FR 40167, July 27,1993). An'ISA
)
]
is a systematic review process by which a licensee or applicant will analyze;
)'
its facility and processes and will assemble essential information for the l
i safety analysis report.
It is too early to determine how this effort will l
affect the gaseous diffusion plants.
However, when a determination is made in j
the future regarding any additional safety analysis requirements for licensed
]
fuel cycle facilities or the methodology for implementing them,- the j
applicability of these methodologies to gaseous diffusion plants will also be i
addressed.
]
Section 76.87 Technical safety requirements. This proposed'section i
l specifies that safety requirements must be included in the application.
Safety topics to be considered are those mainly associated with the plant 1
operations, management controls, and confinement of radioactive material.
i
\\
The proposed rule requires the Corporation to include technical safety
)
requirements derived from analyses and evaluations included in the' safety analysis report. These safety requirements would include safety limits and limiting control settings within which process variables would be maintained for adequate control to guard against the uncontrolled release of radioactivity. The safety requirements would also include limiting conditions i
for operation, surveillance requirements, design features, and administrative controls. The requirements are similar to operating technical specifications or license conditions applied to nuclear fuel cycle plants to assure that operations are controlled as described in the safety analysis report.
Section 76.93 Qua7/ty assurance. This section requires a quality assurance program. The Commission recognizes that the GDPs are fuel cycle facilities and that the appropriate quality assurance (QA) for GDPs is not the 14
. ~. _. - -
same as for reactors.
The GDPs are existing plants and they were designed, I
constructed, and assembled over 40 years ago.
The QA requirements for the l
GDPs will be based on applying the applicable QA criteria in.10 CFR Part 50, Appendix B, in a graded approach and to an extent that is commensurate with l
the importance to safety.
D. Incorporation of existing regulations.
In addition, portions of other existing Commission regulations will be applicable for certification of the Corporation's operation of the gaseous diffusion plants (proposed 5 76.60). They are contained in Title 10, Code of Federal Regulations as follows:
i Recuirements for notices, instructions, and reports to workers are' contained in 10 CFR Part 19, " Notices, Instructions, and Reports To j
Workers:
Inspection and Investigations."
It is the purpc;c cf Part 19 specifiesTthetc c teblish requirements for notices, instructions, and reports by the Corporation to individuals participating in gaseous diffusion activities.
It also sets forth the rights and responsibilities of the l
Commission and individuals during interviews on any matter within the Commission's jurisdiction.
l Requirements for protection against ionizing radiation are contained in l
10 CFR Part 20, " Standards For Protection Against Radiation."
It is the purpecc of Part 20. specifies thelrequirements to control the receipt,
~t possession, use, storage, transfer, and disposal of byproduct, source, and special nuclear material by the Corporation in such a manner that the total doec to an individual (including doses resulting from radioactive material and from radiation sources other than background radiation) does not exceed the 15
standards for protection against radiation prescribed by the NRC for normal operating conditions and anticipated operational occurrences.
Requirements for reporting of defects and noncompliance are contained in 10 CFR Part 21, " Reporting of Defects and Noncompliance."
It it the purpc:0 ef--Part 21 #ecifieslthetc establich procedures and requirements for persons to notify the Commission immediately of component defects or failure to-comply with regulatory requirements which could create a substantial safety hazard.
l Requirements for fitness-for-duty programs are contained in 10 CFR-t i
Part 26, " Fitness-for-Duty Programs."
It is the purpose of ? art 26 to prescribe requirements and standards for establishment and maintenance of i
fitness-for-duty programs to reduce the. likelihood of theft or' diversion of strategic special nuclear material. The requirements of this part are 4
relevant only to the extent that the Corporation elects to engage in activities which involve formula quantities of strategic special nuclear material.
Requirements for packaging and transportation are contained in 10 CFR Part 71, " Packaging and Transportation of Radioactive Material."
It is the i
purpose of Part 71 to establish requirements and procedures for packaging, i
preparation for shipment, and transportation of radioactive material.
Requirements for physical security and material control and accounting are contained in 10 CFR Part 70, " Domestic Licensing of Special Nuclear Material," Part 73, " Physical Protection of Plants and Materials," and Part 74, " Material Control and Accounting of Special Nuclear Material," as specified in Subpart E to this part.
It is the purpose of Subpart E to identify the specific sections that establish the requirements and procedures 16
,e
---.~y-
-e4 g
w a
a
for transfer, protection at fixed sites and in transit, and control and accounting of the various enrichments of U-235 covered under the certification.
I Safeguards regulation of special nuclear material is conducted on a graded basis. The grades reflect the importance of specified kinds and quantities of material to the public safety and to the common defense and security. Three grades of material are defined in Commission regulations.
In declining order of importance they are:
(1) Formula quantities of strategic special nuclear material (also referred to by the shorter phrase " Category I material");
(2) Special nuclear material of moderate strategic significance (Category II), and l
(3) Special nuclear material of low strategic significance (Category III).
The gaseous diffusion plants are to produce only Category III material and only the safeguards for that grade of material need apply to production activities. Nonetheless, the Commission recognizes that the Corporation may need to or may opt to engage in nonproduction activities that involve the other categories of material. One reason stems from the fact that in the past, the Portsmouth plant has produced high enriched uranium hexafluoride (UF3 As a result of this past production, there may be portions of the plant under lease by the Corporation or to which the Corporation will have access that will continue to have high enriched UF, fixed to interior surfaces of process equipment. Additionally, some areas, such as the analytical laboratory, may continue to have a high enriched inventory. A second reason stems from the possibility that the Corporation may elect to engage in 17
t nonproduction business activities that involve high enriched UF..
To be responsive to the full range of possible Corporation activities, safeguards regulations for all three categories of material are listed in Subpart E and are to be applied in accordance with the categories of material the Corporation actually uses, possesses, or has access to.
Requirements for security facility approval and protection of classified i formation and Sardware matter are contained in 10 CFR Part 95, " Security r
Facility Approval and Safeguarding of. National Security Information and Restricted Data."
It is the purpose of Part 95 to establish requirements and procedures for the foregoing matters. 00E is expected to 2dr %ister the accccc autheri::tien program for the g::ccuc diffucien plantc, 2nd therefere the propened rule decc not contai
- cccc: authori :tien requirements. The Corporation' and Ti.ts contractor;personnbl[Will;;be' considered TaEauthorizediby theiCommission under795;35(aEfor"acEessl';tofc1as~s;ifledimatt'er'LbajedionTtheif DOE accessLauthorizations; NRC1doesTnotintendlto? incorporate.?anyadditional[r@jirements(fof personnel security; screening ~ forf accessj to~o'rf cohtrol"overispecialpiiiclear material.'as.containedinTIOCFRPart;11d" Criteria'and.1 Procedures [for Determining Eligibilityffor' Access to oriControllover}peciallNuclear Material,." should the CorporationLelect'toiengag'ejinfactiVitieslWhich involve strategic special nuclear material.. The~ re'quirementsifor this~l separate' access program are met' by the DOE acces'slauth'orization program;for thefGDPsi 18 l
l
{
i t
j E. Overview of certification process.
The' Act specifically provide'slfor the'NRC:lto LissueTai;cer.tificatelof compliance,'in lieu'ofa license.'.The'Commissiontintends that the: certificate l
would be a relatively ' simp.le document..:whichicertifies compliance: with!NRC requirements, subject to 'any, applicable; conditions, Landissbjecttto'the j
Corporation's' adherence ~to~'the representaitons ancommitmentsfin its d
application.
The:-initial certification w6uld 'be ba' sed on" review of' an application submitted by the Corporation. The initialfapplidation wo61dicontainla i
complete description of operat. ions,]a. safety]analy)ifskandlothbr ;information required to demonstrate compliancefwith_NRC(regn;irements. ESubsequent.
applications could reference previously;lsubmitt;ed information.
Fopannual reviews ~afterL the initial;;certificationyth6f Co;mmi'ssionLwouldifocss~ 7onEnew information and changesE fromlthejprestousjye;ar, land [public; comments ( E;The Commission' anticipates: that' it wil.1[performla; comp 16telrevie(:simil~ r toith~ t
~
a a
performed.for' the" initial certification,feveryi10;;ydars.f This would correspond' to the 1ic6'n'se renewalipsriod 'for~oth~er.Jfuellfacilit1&s?
The proposed ' rule' also ' llows' foe un'schsduled"snbmittals?i~nTcashsLwhere a
the~Corporationpropos'snewormodifiedoperationsfandcan60twait1for"thb e
1 annual certification because oflthe'~significant3nats're'of{theimodtf1 cation; In such cases, the Commission couldLissue'an 'amendedTce~rtification; in cases where either the Corporation"or;the? Comniissio'n Tidentifiss' areas of non-compliance, a compliance planEwould beisubmitted for'NRCJapprovalras provided in the Act.
19
The Commission" intends that theTannual-l certification;p'rocessLwill; follow i
a ' predictable ~ schedule,Lwith anjapplicationibeingifilediin: April, publ.ication ofaFederalRegisternotice. shortly [there'afterprovidingl~at[least30Tdaisi.for public comment, a certification decision fin October,lany?appealsLacted upo6iby December,-'andthe' required; report'toCongressTin?Jan0ary[;ofthe.-nextyear.-
j However,-incaseswhere~therelarelsignificantTunresolvediissueslsuch;thatfthe Commission ~ cannot complete,certificationEinfa" given 'yeary a7 compliance l plan could be developed and? approv'ed::or,fif'this/is notlpossible> becausetof{ time ccastraints, ;a " timely 1' renewal";;provisi.on l allows thelprevio~usl certification to remai.n in.effect pending5 resolution; ;The?Commis'sion':'would st'ill: file an annual report with Congress.jand;identif fthiunresolvediissue' ?
s A more' detailed discussion ~of' th'e? certification lprosess (is[provided below:
I'.IINITIAl.lCERTIFICATION The Corporation)would be required'td71nitiallyfapply}tolth,e' Commission e
for certification 1six 'monthslafter promulgat'ionfofffinallrule'
~
(576.31). ' Depending";onlwhenithe finalliruleTislissued[th.e[dde date could be as early asfJa'nuary I,l1995.. The applica;tioniforEcertification 3
must include:.(a). a descriptionfofsoperations,;f(b)[afsafety analysis 7and
- ~
other information' to' demonstrate that' the. Corporation (lis Lin[ compliance with NRC requirements;1and/orl(c);;a plan 1 for ~ achieving [ compliance;with respect to any areas [of noncompliance withf theLNRC:' standards?(s76133).
The Director, Nuclear' Material 1Safetjland Safegu'ards/ would prom ~ptl e
publish in the Federal Register 'a ' notice'of' receiptJ ofTan"applic' tion a
20
(576:37)} "This?Would^incisdei;(a)~;l:Whotice1offopportunitylfodpublic commentdWith at leastfa 30daycomment; period,sa'ndf(b)ithel:date'of public; meetings 7nearsachtiite!
s' The~ staff would conduct:a;Treview base;d ontinformationjin;the" record and facts 1 officially.lnoticediin':the proceeding l1(976 41)b The staff would consult; WithEPA;;onfappl;icationsfreceivedE(17653))
E el The" Director would irender;a idec.ision' wit.hin ;6 Em6nthslof.;1re'esiptiof_ the applicatio'n. ;( 576;43);;
~
I. A.' FINDING' 0F COMPLIANCE OR' APPROVAF0F4 COMPLIANCE' PLAN Upon finding;;of compliance orJppr6?al::Toffcompliance.Jplan;jthe'Directo'r e-would" issue a~: written decision';;l((676162(a))y 2
- A;noticeofthslDirecto$sfdecistonisculdibe[ published [injthe* Federal Register !((576.62(b))}
7The Corporationfor?;any personlwhBselinterestiniay[be"affected;janWwho?is~
on l the : rec ordihavi ng i; app ropr,i a tsly[pfbfi ded [wri tten?o Boral :[Esaments ;
coul d (fi l efal pe t i ti on ? Wi tFthe?Commi s s i on' si thi n'[15[daysTo f ? the publication of the Federal 2 RegisterMotice[((i.76.62(c). e' Any psrsonTWho:is on the7ecordicouldifileja7responseitoTany[ petition forfreview within11_0'daysloff the!filinglofjtheytitioni((s_76162(c))} The~ Commiss.i.on could ~ adopt;[; modify;j[:'setNsideporf takeTotheWappropriate e action on the' Director's[decisionTwithin4607daysiofjublication"pf::the FederaT-Register notice. T0therviseh;the1 Director ls(decisionfwould becomeL final' and ' e ffective?((176.62(d)). 21
) 10nce'theTinitialfl certification bscame finalfadd:Leffective;ft.h'e NRClwould e-7 1 ass'Ume regulatory] jurisdiction over, the)facilitiest 1 The:CommissionTWould' report to Congresilin?Januaryjfollowing; initial ' ertification'on"the' status fof h'ealthy:'safetp; fandl environmental c conditions?atfthe(plants. \\
- 1. B '. FINDING OF' NON-COMPLIANCELOR70lSAPPROVAL'0FTCOMPLIANCE PLAN The Dil rector Lc6uld;.make anlinitial[ finding [offnon-comp 1 lance' orLnot e
approveTa compl.iance; plan llupon[reviewfof[alWrittenifinding;:thatLthe application'isllinTnonycompliancewithioneor~moFe-l6fltheiCommission's requ i rements,lo r;thit'it he l'compi i anEe[pl aiifi sli nadequat.si;;to} pro tec. tith.e publ i c; he al th Tand(s afetyEenvi ronment sorl common l defens h~angs ecuri ty ((176.64(a))'.. Before making?af:fi.nalffinding[offnon;;homplianceythelDirector1would e adviseI the' Corporation l:f ri'Wri t i ng]o fiaii}}a rdas7o ff hoh;compl i ahte[:Tand offer the Corporationisn'"opportunitiltoisubmit~a7 proposed compliancs plan'Tregarding;thoselareafLo ff no;nfcomp}i a)iceT( ( $ 76 :64 (c) )} 1 e~ lUpolnlmakingja.finalfdeterminatl1onlofl"nonskompliandeRthe Director 1would publish notic'e~off th6;fdecisi_onfinTthe? Federal Redistdr[((176;64(b));
- The Corporation *orTany;;personiwhoss?intersst?could"beTaffectedgandiwho et is on theLrecor_dLhivingfappropristel g rovided Mr.itten f orslEcommentsf could~ filea petition?withithe CommissionNithinT15;Tdays'ofithe publ ication of
- t.he ~ Federal :Reaisturinotice%(( 576;64(d))}
Any person whoiis onf the record;couldifile a"responseLtofanjipetition e for review within '10 dajs of the'filinglof the;l petition [(($76.6(d))'. 22
{ l ~ The-Commission could adopt, m6dify,Lset aside, or.tak'elother appropriate action on the Director's decision within 60 days'of thsl Federal Reaister notice of the decisi6n. Otherwise, theLDirector's'.; decision would become i final and effective. ((576:64(e)). The Commission" wouldL report to Congressiin January following initial certification on;the status of' health,. safety,'and' environmental conditions'at'the plants. 1 II. ANNUAL CERTIFICATION l Af ter the initial ' application, annual application for: certification would be required;to be received;by April 15 of eachly~ ear l(9.76.31). Information contained in;. previous ~' applications, statements;;or reports filed with the Commission' cduld.be ^inc'orporated(by reference (( 576'. 33 ( f))." The: Director. wouldipromptly;.p'ublish Linlthe; Federal? Reaister a not' ice of receipt of 'an application (576.37).= iThis would include a7 notice.of n opportunity for public comment for 'at'least 30 days. It. could!al so include a. notice of public meetings.if. they are determined by the ~ Director to be in the public interest. The Commission review would focus-on new and-previously. unreviewed-information and public comments-. The Director's decision would be rendered on review'of a satisfactory application by October ~of each'~ year. l The Director's decision would. result in a: 23
P (Al Finding'of complisnce orfapproval of compliancelplani-(see l1.lA{}, or 4 (B)._ Finding of.nonicompliance oridisapproval'of' compliance plani (see I~.B.). i III.. AMEN 0 MENT OF CERTIFICATE: l e ~ The Corporation co'uld make changes to plant l or plant.'s. operation without prior Commission l approval:thatEdo notl reduce thef safety margin,' result in'undueirisktothepublic'healthTandjsafety[env;ironment,fand]the common' defense'and security,;orTpresent knlunreviewed" safety question (176.68). The Corporation could atlany time;.a' plyffoFamendmentiof'the certificate e p to cover unreviewed~information^on~newfoE modified 'activitiss'not addressed 1in' the~~ certificate! ?Th6"subsn;ittaUshould"cient' aid?suffici6nt informationfor the Director' to:makeTfindihgp6f ~ compliance;ffos }ths propossd activities 'as7requ' ired forinf[otheFcertifica'tionf(17645). ~ Information. contained fin [ previous ~ spplicationsj [ statements,fc6 reports e filed with the CommissionTcouldlbefincorporated?byjeference-:71nlap ~ application for amendmentl((s76.33(f}}} The Director woul.d promptly publish"a request? for; amendment ~of the e certificate in the Federal' Register asf a;;' notice'Loffan-: application (576.37). This would include a notice of opportunity;fori;public comment. It could also includeL a notice 'of.;;a~public meeting 1ifLthe Director determines that almeeting is'in' the' public interest; ~ 24
9
- E
- The Director's decision would' beLrendered within 6"monthsiof receipt"of
~ ~ a" satisfactory request to' modify the safety; basis"or' compliance? status ~ l o f ' the.' pl ant. I e The Director's ' decision' would. result in a: (A) Findin'g; oficompliance or approval of'complianceL plan. (see"1.A;); or ] (B)' . Finding of non-compliance orldisapprovalEof compliance' plan (see l 1.B.). 1 IV. TIMELY RENEWAL l In any case where'the Corporation hasLfiledLa timelyLapplication.for certification or a.compliancefplan,;theLexisting1certificationi er compliance plan ^would not' expire'untillthe'~Commiss'ionfhasimade Y determination on'the ~ Corporation's submittall.(576;55); l l The Commission recognizes the gaseous diffusion plants were designed and i constructed before the new certification requirement was established in the Energy Policy Act of 1992, and that they have operated safely for approximately 40 years. This proposed rule is based upon comparable NRC requirements that have been in place for a number of years, and that the staff believes are adequate and appropriate for the gaseous diffusion plants, and are at least as stringent as the DOE requirements under which the plants currently operate. However, in notice and comment rulemaking there is the potential that as a result of public comment on the proposed rule, the final rule may include different criteria. In this connection, commenters should be 25 l l l
informed that the DOE has identified oversight operational requirements to be met by the gaseous diffusion plants for the transition period in which DOE continues to regulate the plants, until NRC assumes responsibility for regulatory oversight. The NRC will not assume regulatory oversight authority l until after it establishes the final rule and completes the first l certification process. The DOE submittal which describes oversight requirements may be reviewed in the NRC Public Document Room. Also, the Corporation has submitted unsolicited proposed standards for the gaseous diffusion plants which are included as Appendix A to this noticedocument. The Commission invites comments on whether some or all of the requirements proposed by the Corporation or contained in the DOE oversight requirements should be used in lieu of those proposed by the Commission. Based on public comments, the Commission will consider whether it should adopt i selected portions of them in the final rule. The Commission must determine that the certification process, including any modifications based on public comments, will provide an adequate level of protection of the public health and safety, the environment, and the common defense. In addition to the proposed new Part 76, a number of conforming changes are also being proposed to the provisions of Chapter I of Title 10 of the Code of Federal Regulations. These changes would be necessary to implement the new l part. Submission of Comments in Electronic Format Commenters are encouraged to submit, in addition to the original paper copy, a copy of the letter in electronic format on a DOS-formatted (IBM 26 l l
l. l ~ compatible) 5.25 or 3.5 inch computer diskette. Text files should be provided in Wordperfect format or unformatted ASCII code. The format and' version should be identified on the diskette's external label. i [ Finding of No Significant Environmental Impact: Availability; Categorical Exclusion i The Commission has determined under the National Environmental Policy - Act (NEPA) of 1969, as amended, and the Commission's regulations in Subpart A' ~ of 10 CFR Part 51, that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and therefore, an environmental impact statement is not required. The two pl'nts a to be regulated by this rule have already been subject to evaluation,in accordance with the National Environmental Policy Act. The Department of Energy has prepared an environmental impact statement for the gaseous v diffusion plant in Portsmouth, Ohio, and an environmental assessment for the 8 plant in Paducah, Kentucky'. The Commission's proposed certification requirements are intended to be at least as' stringent as the existing l' requirements applicable to the two plants which are currently operating and have been operating for nearly 40 years. The promulgation of a rule governing these plants and their subsequent regulation by the NRC will not result.in any environmental impacts beyond those which currently exist or would be expected Final Environmental Impact Statement, Portsmouth-Gaseous Diffusion Plant Site, May 1977, ERDA-1555; Final Environmental Statement, Portsmouth Gaseous Diffusion Plant Expansion, September 1977, ERDA-1549. Final Environmental Impact Assessment Of The Paducah Gaseous Diffusion Plant Site, August 1982, DOE /EA-0155, 27
1 i l l l to continue absent NRC regulatory oversight. The NRC environmental assessment i and finding of no significant impact on which this determination is based are i I available for inspection at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC. Similarly, subsequent certificates of compliance including amendments, l l modifications and renewals issued pursuant to this part will consist of . j findings of compliance with 10 CFR Part 76. Therefore, such actions will not j result in any significant new environmental impacts. Part 51 of Title 10 of the Code of Federal Regulations is being amended to include a categorical j i exclusion for such certification actions pursuant to Part 76. Under its procedures implementing NEPA, the Commission may exclude from preparation of an environmental impact statement or an environmental assessment a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in NRC procedures. In this rulemaking, the Commission proposes to find that the issuance, amendment, modification and revision of a certificate of compliance for the Corporation comprise a category of actions which does not individually or cumulatively have a significant effect on the human environment. Actions within this category are similar in that they will be based en a finding by NRC that the Corporation has demonstrated compliance with the requirements in Part 76. As noted above, after conducting an environmental assessment for Part 76, the Commission made a finding of no significant environmental impact, and concluded that Part 76 requirements, if promulgated, would not allow the enrichment facilities to operate in such a way as to result in any adverse environmental effects greater than the existing impacts which have been already evaluated. Accordingly, a Commission i 28 mee ~ o e-
finding of compliance with the Part 76 requirements would not have a significant effect on the human environment. Paperwork Reduction Act Statement The information collection requirements contained in this proposed rule of limited applicability apply only to a wholly-owned instrumentality of the United States and affect fewer than ten respondents. Therefore, Office of Management and Budget clearance is not required pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). Draft Regulatory Analysis The Commission has prepared a draft regulatory analysis on this proposed regulation. The analysis examines the costs and benefits of the alternatives i considered by the Commission. The draft analysis is available for inspection in the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC. The Commission requests public comment on the draft analysis. Comments on the draft analysis may be submitted to the NRC as indicated under the ADDRESSES heading. Regulatory Flexibility Certification As required by the Regulatory flexibility Act of 1980, 5 U.S.C. 605(b), the Commission certifies that this rule, if adopted, will not have a signifi-29 l 1
cant economic impact upon a substantial number of small entities since it only addresses the Corporation's operation of two existing plants which do not fall into this category. Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this proposed rule, and therefore, a backfit analysis is not required. List of Subjects 10 CFR Part 19 Criminal penalties, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health, Radiation protection, Reporting and rec 1rdkceping requirements, Sex discrimination. l 10 CFR Part 20 Byproduct material, Criminal penalties, Licensed material, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Special nuclear material, Source material, Waste treatment and disposal. I 30
l 1 10 CFR Part 21 l l Nuclear power plants and reactors, Penalties, Radiation protection, Reporting and recordkeeping requirements. l 10 CFR Part 26 Alcohol abuse, Alcohol testing, Appeals, Chemical testing, Drug abuse, Drug testing, Employee assistance programs, Fitness for duty, Management actions, Nuclear power reactors, Protection of information, Reporting and recordkeeping requirements. 10 CFR Part 51 Administrative practice and procedure, Environmental impact statement, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements. 10 CFR Part 70 I Criminal penalties, Hazardous materials transportation, Material control and accounting, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, j Security measures, Special nuclear material. l 10 CFR Part 71 Criminal penalties, Hazardous materials transportation, Nuclear materials, Packaging and containers, Reporting and recordkeeping requirements. 10 CFR Part 73 I l 31 l-
\\ Criminal penalties, Hazardous materials transportation, Export, Import, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures. 10 CFR Part 74 Accounting, Criminal penalties, Hazardous materials transportation, Material control and accounting, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Special nuclear material. 10 CFR Part 76 Certification, Criminal penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Special nuclear material, Uranium enrichment by gaseous diffusion. 10 CFR Part 95 Classified information, Criminal penalties, Reporting and recordkeeping requirements, Security measures. 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, as amended; and 5 U.S.C. 553; the NRC is proposing to adopt the following amendments to 10 CFR Parts 19, 20, 21, 26, 51, 70, 71, 73, 74, and 95 and the new 10 CFR Part 76. l 32
O PART 19--NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS 1. The authority citation for Part 19 is revised to read as follows: AUTHORITY: Secs. 53, 63, 81, 103, 104, 161, 186, 68 Stat. 930, 933, 935, 936, 937, 948, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C-i 2073, 2093, 2111, 2133, 2134, 2201, 2236, 2282); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); Pub. L. 95-601,-sec. 10, 92 Stat'. 2951 (42 U.S.C. 5851). i 2. Section 19.2 is revised to read as follows: % 19.2 Scope. The regulations in this part apply to all persons who. receive, possess, use, or transfer material licensed by the Nuclear Regulatory Commission pursuant to the regulations in Parts 30 through 35, 39, 40, 60, 61,. or Part 72 of this chapter, including persons licensed to operate a production or utilization facility pursuant to Part 50 of this chapter,-persons licensed to possess power reactor spent fuel in an independent spent fuel storage installation (ISFSI) pursuant to Part 72 of-this chapter, and persons required to obtain a certificate of compliance or an approved compliance plan under. Part 76 of this chapter. The regulations regarding interviews of individuals under subpoena apply to all investigations and inspections within the jurisdiction of the Nuclear Regulatory Commission other than those involving NRC employees or NRC contractors. The regulations in this part do not apply to subpoenas issued pursuant to 10 CFR 2.720. 33 l r w.
d PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION 3. The authority citation for Part 20 is revised to read as follows: Authority: Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68 Stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended (42 U.S.C. 2073, 2093, 2095, 2111, 2133, 2134, 2201, 2232, 2236), secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846). 4. Section 20.1002 is revised to read as follows: $ 20.2 Scope. The regulations in this part apply to persons licensed by the Commission to receive, possess, use, transfer, or dispose of byproduct, source, or special nuclear material or to operate a production or utilization facility under Parts 30 through 35, 39, 40, 50, 60, 61, 70, or 72 of this chapter, and to persons required to obtain a certificate of compliance or an approved compliance plan under Part 76 of this chapter. The limits in this part do not apply to doses due to background radiation, to exposure of patients to radiation for the purpose of medical diagnosis or therapy, or to voluntary participation in medical research programs. PART 21--REPORTING OF DEFECTS AND NONCOMPLIANCE 5. The authority citation for Part 21 is revised to read as follows: 34
l AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2201, 2282); secs. 201, as amended,206, 88 Stat. 1242, as amended 1246 (42 U.S.C. 5841, 5846). Section 21.2 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). i 6. Section 21.2 is amended by adding paragraph (e) to read as follows: 9 21.2 Scope. (e) The regulations in this part apply to each individual, partnership, corporation, or other entity required to obtain a certificate of compliance or an approved compliance plan under Part 76 of this chapter. l l l PART 26--FITNESS-FOR-DUTY PROGRAMS l 7. The authority citation for Part 26 is revised to read as follows: 1 l AUTHORITY: Secs. 53, 81, 103, 104, 107, 161, 68 Stat. 930, 935, 936, l i l 937, 948, as amended (42 U.S.C. 2073, 2111, 2112, 2133, 2134, 2137, 2201); secs. 201, 202, 206, 88 Stat. 1242, 1244, 1246, as amended (42 U.S.C. 5841, 5842, 5846). l l 8. Section 26.2 is amended by adding paragraph (d) to read as follows: 1 26.2 Scope. 35 l
(d) The regulations in this part apply to each individual, partnership, corporation, or other entity required to obtain a certificate of compliance or i an approved compliance plan under Part 76 of this chapter. PART SI--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS
- 9. The authority citation for Part 51 is revised to read as follows:
AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, FB42). 10. Section 51.22 is amended by adding paragraph (c)(19) to read as follows: i j_51.22 Criterion for categorical exclusion: identification of licensing and regulatory actions eligible for categorical exclusion or otherwise not l requiring environmental review. I (c) l (19) Issuance, amendment, modification, or renewal of a certificate of compliance of gaseous diffusion enrichment facilities pursuant to 10 CFR Part 76. 36
I PART 70--DOMESTIC LICENSING 0F SPECIAL NUCLEAR MATERIAL 1 11. The authority citation for Part 70 is revised to read as follows: 1 AUTHORITY: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246, (42 U.S.C. 5841, 5842, 5845, 5846). Sections 70.l(c) and 70.20a(b) also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 70.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. L. 93-377, 88 Stat. 475 (42 U.S.C. i 2077). Sections 70.36 and 70.44 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). l l I l 12. Section 70.1 is amended by revising paragraph (a) and adding paragraph (d) to read as follows: l 5 70.1 Purpose. l (a) Except as provided in paragraphs (c) and (d) of this section, the l regulations of this part establish procedures and criteria for the issuance of licenses to receive title to, own, acquire, deliver, receive, possess, use, and transfer special nuclear material; and establish and provide for the terms l and conditions upon which the Commission will issue such licenses. 37
(d) As provided in Part 76 of this chapter, the regulations of this part establish procedures and criteria for physical security and material control and accounting for the issuance of a certificate of compliance or the approval of a plan for compliance. PART 71--PACKAGING AND TRANSPORTATION OF RADI0 ACTIVE MATERIAL
- 13. The authority citation for Part 71 is revised to read as follows:
AUTHORITY: Secs. 53, 57, 62, 63, 81, 161, 182, 183, 68 Stat. 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2073, 2077, 2092, 2093, 2111, 2201, 2232, 2233); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846). Section 71.97 also issued under sec. 301, Pub. L. 96-295, 94 Stat. 789-790. 14. Section 71.0 is amended by adding paragraph (e) to read as follows: 5 71.0 Purpose and scope. (e) The regulations in this part apply to any person required to obtain a certificate of compliance or an approved compliance plan pursuant to Part 76 i of this chapter if the person delivers radioactive material to a common or contract carrier for transport or transports the material outside the confines ) of the person's plant or other authorized place of use. 38
PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS
- 15. The authority citation for Part 73 is revised to read as follows:
AUTHORITY: Secs. 53, 161, 68 Stat. 930, 948, as amended, sec. 147, 94 Stat. 780 (42 U.S.C. 2073, 2167, 2201); sec. 201, as amended, 204, 88 Stat. 1242, as amended, 1245 (42 U.S.C. 5841, 5844). Section 73.1 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 73.37(f) also issued under 1 sec. 301, Pub. L. 96-295, 94 Stat. 789 (42 U.S.C. 5841 note). Section 73.57 is issued under sec. 606, Pub. L. 99-399, 100 Stat. 876 (42 U.S.C. 2169).
- 16. Section 73.1 is amended by adding paragraph (b)(9) to read as follows:
l 6 73.1 Purpose and scope. (b) l (9) As provided in Part 76 of this chapter, the regulations of this part l establish procedures and criteria for physical security for the issuance of a i certificate of compliance or the approval of a compliance plan. PART 74--MATERIAL CONTROL AND ACCOUNTING 0F SPECIAL NUCLEAR MATERIAL i
- 17. The authority citation for Part 74 is revised to read as follows:
AUTHORITY: i Secs. 53, 57, 161, 182, 183, 68 Stat. 930, 932, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2073, 2077, 39 l l
3 2201, 2232, 2233, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
- 18. Section 74.2 is amended by adding paragraph (d) to read as follows:
I 74.2 Scope. (d) As provided in Part 76 of this chapter, the regulations of this part establish procedures and criteria for material control and accounting for the issuance of a certificate of compliance or the approval of a compliance plan.
- 19. A new Part 76 is added to 10 CFR Chapter I to read as follows:
i 40 l
4 PART 76--CERTIFICATION OF GASE0US DIFFUSION PLANTS Subpart A - General Provisions Sec. 76.1 Purpose. 76.2 Scope. 76.4 Definitions. l l 76.5 Communications. 16.6 Interpretations. 76.7 Employee protection. 76.8 Information collection requirements: OMB approval not required. 76.9 Completeness and accuracy of information. 76.10 Deliberate misconduct. l 76.21 Certificate required. I 76.23 Specific exemptions. Subpart 8 - Application Sec. 76.31 Annual application requirement. 76.33 Application proceduras. 76.35 Contents of applications. 76.37 Federal Register notice. 76.39 Public meeting. 76.41 Record underlying decisions. 41
t 76.43 Annual date for decision. 76.45 Application for amendment of certificate. Subpart C - Certification Sec. 76.51 Conditions of certification. 76.53 Consultation with Environmental Protecticn Agency. 76.55 Timely renewal. 76.60 Regulatory requirements which apply. 76.62 Issuance of certificate or approval of compliance plan. 76.64 Denial of certificate or compliance plan. 76.68 Plant changes. 76.70 Post issuance. 76.72 Miscellaneous procedural matters. 76.76 Backfitting, ( Subpart D - Safety Sec. 76.81 Authorized use of radioactive material. 76.83 Transfer of radioactive material. 76.85 Assessment of accidents. 76.87 Technical safety requirements. 76.89 Criticality accident requirements. 76.91 Emergency planning. 42
76.93 Quality assurance. l Subpart E - Safeguards and Security l l Sec. l 76.111 Physical security,ad material control and accounting';and protection ~ ! of certainfinformation. ~ 76.113 Formula quantities of strategic special nuclear material - Category I. 76.115 Special nuclear material of moderate strategic significance - l l Category II. 76.117 Special nuclear material of low strategic significance - Category III. 76.119 Security facility approval and safeguarding of National Security Information and restricted data. i Subpart F - Reports and Inspections Sec. 76.120 Reporting requirements. 76.121 Inspections. 76.123 Tests. Subpart G - Enforcement Sec. 76.131 Violations. 76.133 Criminal penalties. 43
~ 4 AUTHORITY: Secs. 161, 68 Stat. 948, as amended, secs. 1312, 1701, 136 Stat. 2392, 2951-53 (42 U.S.C. 2201, 2297b-ll, 2297f); secs. 201, as amended, 206, 88 Stat. 1244, 1246 (42 U.S.C. 5841, 5842). Sec. 76.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Subpart A - General Provisions s 76.1 Purpose. (a) This part establishes requirements that will govern the operation of the gaseous diffusion plants at Portsmouth, Ohio, and Paducah, Kentucky. These requirements are promulgated to protect the public health and safety from radiological hazards and provide for the common defense and security. This part also establishes the certification process that will be used to ensure compliance with the established requirements. (b) The regulations contained in this part are issued pursuant to the Atomic Energy Act of 1954, as amended; Title II of the Energy Reorganization Act of 1974, as amended; and Title XI of the Energy Policy Act of 1992. l 76.2 Scope. The regulations in this part apply only to the gaseous diffusion plants at Portsmouth, Ohio, and Paducah, Kentucky leased by DOE to the Corporation. This part also gives notice to all persons who knowingly provide to the Corporation or any contractor, or subcontractor any components, equipment, materials, or other goods or services that relate to the activities subject to this part that they may be individually subject to NRC enforcement action for 4 violation of 9 76.10. 44 i =
1-l i 5 76.4 Definitions. 4 As used in this part: i i Act means the Atomic Energy Act of 1954 (68 Stat 919), and includes any j amendments to the Act. Administrative controls means the provisions relating to organization i and management, procedures, recordkeeping, review and audit, and reporting l necessary to ensure operation of the plant in a safe manner. i Agreement State means any State with which the Commission has entered into an effective agreement under subsection 274b. of the Act. Non-Agreement State means any other State. 1 Atomic energy means all forms of energy released in the course of nuclear fission or nuclear transformation. Certificate of com,pliance means a certificate of compliance issued pursuant to this part. C7assified matteRmeansTdycuments?ogmateifiaycontaining31assifled informations Commission met.ns the Nuclear Regulatory Commission or its duly authorized representatives. Common defense and security means the common defense and security of the United States. Compliance plan means a plan for achieving compliance approved pursuant to this part. Corporation means the United States Enrichment Corporation (USEC), a wholly-owned corporation of the United States that is authorized under lease 45 -- = -.
from the Department of Energy to operate the gaseous diffusion enrichment plants in Paducah, Kentucky, and Portsmouth, Ohio. Director means the Director, or his or her designee, of the Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission. Department and Department of Energy (DOE) means the Department of Energy established by the Department of Energy Organization Act (Pub. L. 95-91, 91 Stat. 565, 42 U.S.C. 7101 et seq.), to the extent that the Department, or its duly authorized representatives, exercises functions formerly vested in the U.S. Atomic Energy Commission, its Chairman, members, officers and components I and transferred to the U.S. Energy Research and Development Administration and to the Administrator thereof pursuant to sections 104(b), (c) and (d) of the Energy Reorganization Act of 1974, as amended, (Pub. L. 93-438, 88 Stat. 1233 at 1237, 42 U.S.C. 5814) and retransferred to the Secretary 'of Energy pursuant to section 301(a) of the Department of Energy Organization Act (Pub. L. 95-91, 91 Stat. 565 at 577-578, 42 U.S.C. 7151). Depleted uranium means the byproduct residues from the uranium enrichment process in which the concentration of the isotope U is less than m that occurring in natural uranium. Effective dose equivalent means the sum of the products of the dose equivalent to the body organ or tissue and the weighting factors j applicable to each of the body organs or tissues that are irradiated, as defined in 10 CFR Part 20 (55 20.1001-20.2402). Effective kilograms of special nuclear material means: (1) For uranium with an enrichment in the isotope U-235 of 0.01 (1 percent) and above, its element weight in kilograms multiplied by the square of its enrichment expressed as a decimal weight fraction; and 46
I l (2) For uranium with an enrichment in the isotope U-235 below 0.01 l (1 percent), its element weight in kilograms multiplied by 0.0001. Formula quantity means strategic special nuclear material in any j combination in a quantity of 5000 grams or more computed by the formula, grams - (grams contained U-2SS) + 2.5(grams U-233+ grams plutonium). Limiting conditions for operation means the lowest functional capability or performance levels of equipment required for safe operation of the plant. Limiting control settings means settings for automatic alarm or protective devices related to those variables having significant safety functions. Nationa7 l Security Information~ meanslinformation' th' t has' beenl determined a pursuant' to ExecutiveL 0rder"12356orTanyf predecessorTorder to require protectionTagainst un' authorized ldisciosureland LthatEis % designated. ~ Person means: (1) Any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, Government Agency other than the l Commission or the Department, except that the Department shall be considered a person within the meaning of the regulations in this part to the extent that I its facilities and activities are subject to the licensing and related l regulatory authority of the Commission pursuant to Section 202 of the Energy I Reorganization Act of 1974, as amended, (88 Stat. 1244); any State or any political subdivision of or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and l (2) Any legal successor, representative, agent, or agency of the foregoing. 47 1
Process means a series of actions that achieves an end or result. Produce, when used in relation to special nuclear material, means: (1) To manufacture, make, produce, or refine special nuclear material; (2) To separate special nuclear material from other substances in which such material may be contained; or (3) To make or to produce new special nuclear material. RestrictedDatameansalldataconcernintdesign,fmanufacturelor ~ utilization _ of atomic weaponsLthe production of special nuclear material,)or tSe use of special.nuclearTmaterialfin theLproductionLoffenefgyj but does not include data declassified or removed from the Restricted Data category pursuant to Section 142 of the Act. Safety limits means those bounds within which the process variables must be maintained for adequate control of the operation and that must not be exceeded in order to protect the integrity of the physical system that is designed to guard against the uncontrolled release of radioactivity. Sealed source means any radioactive material that is encased in a capsule designed to prevent leakage or escape of the radioactive material. l Security facility approval means that a determination has been made by the NRC that a facility is eligible to use, process, store, reproduce, ) transmit, or handle classified matter. Source material means source material as defined in Section 11z. of the Act and in the regulations contained in Part 40 of this Chapter. Special nuclear material means: (1) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Commission, pursuant to the 48
i l i i provisions of Section 51 of the Act, determines to be special nuclear material, but does not include source material; or (2) Any material artificially enriched in any of the foregoing, but does not include source material. Special nuclear material of low strategic significance means: (1) Less than an amount of special nuclear material of moderate strategic significance, as defined in this section, but more than 15 grams of uranium-235 (contained in uranium enriched to 20 percent or more in the U-235 isotope), or 15 grams of uranium-233, or 15 grams of plutonium, or the j combination of 15 grams when computed by the equation, grams = (grams contained U-235) + (grams plutonium) + (grams U-233); or (2) Less than 10,000 grams but more than 1000 grams of uranium-235 (contained in uranium enriched to 10 percent or more but less than 20 percent in the U-235 isotope), or (3) 10,000 grams or more of uranium-235 (contained in uranium enriched l above natural but less than 10 percent in the U-235 isotope). Special nuclear material of moderate strategic significance means: (1) Less than a formula quantity of strategic special nuclear material but more than 1000 grams of uranium-235 (contained in uranium enriched to 20 percent or more in the U-235 isotope), or more than 500 grams of uranium-233 l or plutonium, or in a combined quantity of more than 1000 grams when computed by the equation, grams - (grams contained U-235) + 2 (grams U-233 + grams plutonium); or l l (2) 10,000-grams or more of uranium-235 (contained in uranium enriched 1 to 10 percent or more but less than 20 percent in the U-235 isotope). 49
4 Special nuclear material scrap means the various forms of special nuclear material generated during chemical and mechanical processing, other l than recycle material and normal process intermediates, which are unsuitable for use in their present form, but all or part of which will be used after further processing. l Strategic special noclear material means uranium-235 (contained in j uranium enriched to 20 percent or more in the U-235 isotope), uranium-233, or f j plutonium. Surveillance requirements means requirements relating to test, j calibration, or inspection to ensure that the necessary quality of systems and components is maintained, that plant operation will be within the safety j limits, and that the limiting conditions of operation will be met. United States, when used in a geographical sense, includes Puerto Rico and all territories and possessions of the United States. Uranium enrichment plant means: l l (1) Any plant used for separating the isotopes of uranium or enriching uranium in the isotope 235, using gaseous diffusion technology; or (2) Any equipment or device, or important component part especially i designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235, using gaseous diffusion technology. Work means the activity of a defined task; for example, research, development, operation, maintenance, repair, software development, software use, inspection, safeguards, security, data collection, and data analysis. 50
i 6 76.5 Communications. Except where otherwise specified, all correspondence, reports, I applications, and other written communications submitted pursuant to 10 CFR { Part 76 should be addressed to the Director, Office of Nuclear Material Safety 1 l and Safeguards, ATTN: Document Control Desk, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and copies sent to the NRC Region III Office (shown in Appendix D of Part 20 of this Chapter) and Resident Inspector. Communications and reports may be delivered in person at the Commission's offices at 11555 Rockville Pike, Rockville, Maryland, or at 2120 L Street, NW., Washington DC. s 76.6 Interpretations. Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Commission other than a written' interpretation by the General Counsel will be recognized to be binding upon the Commission, s 76.7 Employee protection. (a) Discrimination by the Corporation, or a contractor or subcontractor 1 of the Corporation against an employee for engaging in certain protected i activities is prohibited. Discrimination includes discharge and other actions that relate to compensation, terms, conditions, or privileges of employment. The protected activities are established in Section 211 of the Energy Reorganization Act of 1974, as amended, and in general are related to the administration or enforcement of a requirement imposed under the Atomic Energy Act or the Energy Reorganization Act. 51
(1) The protected activities include but are not limited to: (i) Providing the Commission or his or her employer information about alleged violations of either of the above statutes or possible violations of requirements imposed under either of the above statutes; (ii) Refusing to engage in any practice made unlawful under either of the above statutes or under these requirements if the employee has identified the alleged illegality to the employer; (iii) Requesting the Commission to institute action against his or her employer for the administration or enforcement of these requirements; (iv) Testifying in any Commission proceeding, or before Congress, or at any Federal or State proceeding regarding any provision (or proposed provision) of either of the above statutes. (v) Assisting or participating in, or attempting to assist or participate in, the above activities. (2) These activities are protected even if no formal proceeding is actually initiated as a result of the employee assistance or participation. (3) This section has no application to any employee alleging discrimination prohibited by this section who, acting without direction from his or her employer (or the employer's agent), deliberately causes a violation of any requirement of the Energy Reorganization Act of 1974, as amended, or the Atomic Energy Act of 1954, as amended. (b) Any employee who believes that he or she has been discharged or otherwise discriminated against by any person for engaging in protected activities specified in paragraph (a)(1) of this section may seek a remedy for the discharge or discrimination through an administrative proceeding in the Department of Labor. The administrative proceeding must be initiated within 52
l 180 days after an alleged violation occurs by filing a complaint alleging the violation with the Department of Labor, Employment Standards Administration, Wage and Hour Division. The Department of Labor may order reinstatement, back pay, and compensatory damages. (c) A violation of paragraphs (a), (e), or (f) of this section by the Corporation, or a contractor or subcontractor of the Corporation may be grounds for: (1) Denial, revocation, or suspension of the certificate. (2) Other enforcement action. (d) Actions taken by an employer, or other.s which adversely affect an employee may be predicated upon nondiscrimination grounds. The prohibition applies when the adverse action occurs because the employee has engaged in protected activities. An employee's engagement in protected activities does not automatically render him or her immune from discharge or discipline for legitimate reasons or from adverse action dictated by nonprohibited l considerations. (e)(1) The Corporation shall prominently post the revision of NRC Form 3, " Notice to Employees," referenced in 10 CFR 19.ll(c). This form must be posted at locations sufficient to permit employees protected by this section to observe a copy on the way to or from their place of work. Premises must be posted not later than 30 days after an application is docketed and remain posted while the application is pending before the Commission, during the term of the certificate, and for 30 days following certificate termination. (2) The Corporation shall notify its contractors of the prohibition against discrimination for engaging in protected activities. 53 w g
(3) Copies of NRC Form 3 may be obtained by writing to the NRC Region III Office listed in Appendix D to Part 20 of this chapter or by contacting the NRC Office of Information Resource Management, Division of Information Support Services, Information and Records Management Branch. (f) No agreement affecting the compensation, terms, conditions, or privileges of employment, including an agreement to settle a complaint filed by an employee with the Department of Labor pursuant to Section 211 of the Energy Reorganization Act of 1974, as amended, may contain any provision which would prohibit, restrict, or otherwise discourage an employee from participating in protected activity as defined in paragraph (a)(1) of this section including, but not limited to, providing information to the NRC or to his or her employer on potential violations or other matters within NRC's regulatory responsibilities. 9 76.8 Information collection reauirements: OMB approval not reauired. The information collection requirements contained in this part of limited applicability apply to a wholly-owned instrumentality of the United States and affect fewer than ten respondents. Therefore, Office of Management and Budget clearance is not required pursuant to the Paperwork Reduction Act I of 1980 (44 U.S.C. 3501 et seq.). l 76.9 Completeness and accuracy of information. (a) Information provided to the Commission or information required by statute or by the Commission's rules, regulations, standards, orders, or other conditions to be maintained by the Corporation must be complete and accurate in all material respects. 54
I (b) The Corporation shall notify the Commission of information identified as having for the regulated activity a significant implication for public health and safety or common defense and security. The Corporation violates this paragraph only if the Corporation fails to notify the Commission of information that the Corporation has identified as having a significant implication for public health and safety or common defense and security. Notification must be provided to the Administrator of NRC's Region III Office within 2 working days of identifying the information. This requirement is not applicable to information which is already required to be provided to the Commission by other reporting or updating requirements. l l 9 76.10 Deliberate misconduct. (a) The Corporation or any employee of the Corporation and any contractor (including a supplier or consultant), subcontractor, or any employee of a contractor or subcontractor, who knowingly provides to the Corporation, or any contractor or subcontractor, components, equipment, materials, or other goods or services, that relate to the Corporation's activities subject to this part; may not: (1) Engage in deliberate misconduct that causes or, but for detection, would have caused, the Corporation to be in violation of any rule, regulation, or order, or any term, condition, or limitation of a certificate or approval issued by the Commission, or i (2) Deliberately submit to the NRC, the Corporation, or its contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC. 55
(b) A person who violates paragraph (a)(1) or (a)(2) of this section may be subject to enforcement action in accordance with the procedures in 10 CFR Part 2, Subpart B. (c) For purposes of paragraph (a)(1) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows: (1) Would cause the Corporation to be in violation of any rule, regulation, or order, or any term, condition, or limitation of a certificate or approved compliance plan issued by the Director, or (2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order or policy of the Corporation, contractor, or subcontractor. 6 76.21 Certificate reauired. The Corporation or its contractors may not operate the gaseous diffusion plants at Portsmouth, Ohio, and Paducah, Kentucky without the issuance of a certificate of compliance, or an approved compliance plan, pursuant to this part. Except as authorized by the NRC under other provisions of this chapter, no person other than the Corporation or its contractors may acquire, deliver, receive, possess, use, or transfer radioactive material at the gaseous diffusion plants at Portsmouth, Ohio, and Paducah, Kentucky, s 76.23 Specific exemptions. The Commission may, upon its own initiative or upon application of the Corporation, grant such exemptions from the requirements of the certification regulations as it determines are authorized by law and will not endanger life, 56 m
or property, or the common defense and security, and are otherwise in the public interest. Subpart B - Application f 76.31 Annual application reauirement. 1 The Corporation shall apply to the Commission each year,' on or before April 15, for a certificate of compliance with the Commission's regulations i for the gaseous diffusion plants leased from the Department. t 76.33 Application procedures. (a) Filing requirements. An application for certificate of compliance shall be tendered by filing 20 copies of the application with the Direttor, Office of Nuclear Material Safety and Safeguards, with copies sent to tne HRC Region III Office and Resident Inspector, in accordance with 9 76.5 of this part. (b) 0ath or affirmation. An application for certificate of compliance l must be executed in a signed original by a duly authorized officer of the Corporation under oath or affirmation. (c) Contents of application. The annual application for a certificate { of compliance must contain: (1) The information set forth in 5 76.35. 2 The initial filing for a certificate of compliance must be tendered no later than 6 months after the date this rule is published in the Federal Register or by April 15, 1995, whichever is earlier. 57 .~--e w n .., -,w v-e-wn v
(2) A plan for achieving compliance with respect to any areas of noncompliance with the NRC's regulations that are identifiable by the Corporation at the time of the filing of the application, including: (i) A description of the areas of noncompliance: (ii) A plan of actions and schedules for achieving compliance; 1 (iii) A justification for continued operation with adequate safety and safeguards; and (iv) Sufficient information for the Commission to prepare an environmental assessment. (d) Pre-filing consultation. The Corporation may confer with the Commission's staff prior to filing an application. (e) Additional information. At any time during the review of an application, the Corporation may be required to supply additional information to the Commission's staff in order to enable the Commission or the Director, as appropriate, to determine whether the certificate should be issued or denied, or to determine whether a compliance plan should be approved. (f) Incorporation by reference. Information contained in previous l applications, statements, or reports filed with the Commission may be incorporated by reference, provided that the reference is clear and specific. s 76.35 Contents of applications. The application for a certificate of compliance must include the i i information identified in this section. (a) A safety analysis report which must include the following information: 58 u,. e- ---t-- w vm
e (1) The activities involving special nuclear material and the general plan for carrying out-these activities; (2) The name, amount, and specifications (including the chemical and physical form and, where applicable, isotopic content) of the special nuclear material, source and byproduct material the Corporation proposes to use, possess or produce, including any material held up in equipment from previous operations; (3) The qualifications requirements, including training and experience, of the Corporation's management organization and key individuals responsible l for safety in accordance with the regulations in this chapter; i (4)1 A[ description;off ths(training]pfograinjpincludingjinformatioh{on]ths p o s i t i ons i fo rL whi chlt Fa i ni ng!w~i I llbeyoVi dsdijlto[isstirsy th;atjsrionnelye qinalifisdltofdpsrate'aiidims1lritainithi} plants [sifel landMEomplijah6syitMhe; rhulatorWyequifesentii (5) A description of equipment and facilities which will be used by the Corporation to protect health and minimize danger-to life or property (such as handling devices, working areas, shields, measuring and monitoring instruments, devices for the treatment and disposal of radioactive effluent and wastes, storage facilities, provisions for protection against natural 1 l phenomena, fire protection systems, criticality accident alarm systems, etc.); (6) A description of the management controls and oversight program to ensure that activities directly relevant to nuclear safety and safeguards and security are conducted in an appropriately controlled" manner that ensures protection of employee and public health and safety and protection of the national security interests; and 59
(7) A description of the plant site, and a description of the-principal structure, systems, and components of the plant. (b) A quality assurance program that meets the requirements 'of 9 76.93 of this part. (c) Technical safety requirements in accordance with 9 76.87 of this part. A summary statement of the bases or reasons.for the requirements, other than those covering. administrative controls,'shall also be included in the application, but may not become part of the technical safety requirements. (d) An emergency plan that meets:the' requirements of 6 76.91.of this part. (e) A fundamental nuclear material control plan which describes the ^ measures used to control and account for special nuclear material that the Corporation uses, possesses, or has access to. The plan must describe, as appropriate: (1) How formula quantities of strategic special nuclear material will be controlled and accounted for in accordance with the relevant requirements of' l Subpart E; 1 (2) How special nuclear material of moderate strategic significance will be controlled and accounted for in accordance with the relevant requirements of Subpart E; and (3) How special nuclear material of. low strategic significance will be controlled and accounted for in accordance.with the relevant requirements of.- l Subpart E. l (f) A transportation protection plan which describes-.the measures used to protect shipments of special nuclear material of low strategic significance 60
d 4 in accordance with the relevant requirements of.Subpart E when in transit off site. (g) A physical protection plan which describes the measures used to protect special nuclear material that the Corporation uses, possesses, or has access to at fixed sites. The plan must describe, as appropriate: ) (1) How formula quantities of special nuclear material will be protected against both theft and radiological sabotage in accordance with the relevant requirements of Subpart E; (2) How special nuclear material of moderate strategic significance will be protected in accordance with the relevant requirements of Subpart E; (3) How special nuclear material of low strategic significance will be protected in accordance with the relevant requirements of Subpart E; and (4) The measures used to protect special nuclear material while in transit between protected areas, all of which are located on a single fixed site under the control of the applicant. The level of protection afforded the i material while in transit must not be less than that afforded the same l material while it was within the protected area from which transit began. (h) A plan describing the facility's proposed security procedures and controls as set forth in 5 95.15 (b) for-protection of classified information and hardware. (i) An application which contains Restricted Data, classified National SecurityInformation,SafeguardsInformation,erproprietarydata,orfothef withholdableiinformation? must be prepared in-such a manner that all such information or data are separated from the information'to be made available to the public. 1 61
1 l (j) In response to a written request by the Commission, the Corporation shall file with the Commission the installation information described in s 75.11 of this chapter on Form N-71. The Corporation shall also permit verification of this installation information by the International Atomic Energy Agency and take any other action necessary to implement the US/IAEA Safeguards Agreement, as set forth in Part 75. I (k) A description of the program, as-appropriate, for processing, s management, and disposal of mixed and radioactive wastes generated by operations and depleted uranium. The application must also include a description of the waste streams generated by-enrichment operations, annual-r volumes of waste expected, identification of radioisotopes contained in the waste, physical and chemical forms, and plans f e managing the waste. (1) A description of the funding program to be established to ensure that funds will be set aside and available for the ultimate processing and disposition of depleted uranium and any waste generated. The Corporation shall establish financial surety arrangements to ensure that suffici. int funds-will be available to adequately cover conversion of depleted UF, to a stable form, as well as ultimate disposition. The financial mechanism, such as prepayment, surety, insurance, or external sinking fund, must ensure availability of funds. The funding program must contain a basis for cost estimates for conversion and disposition of depleted UF., and must include means of adjusting cost estimates and. associated funding levels over the life of the plant. The Corporation shall ensure the adequacy of the financing mechanism, considering the volume of generated depleted uranium and any waste and estimates for future generation, in its annual application for certification. 62 -..~
2 (m) A compliance status report which includes the status of various stata, local and Federal permits, licenses, approvals, and other entitlements, i as described in s 51.45(d) of this chapter. The report must include environmental and effluent monitoring data. l 76.37 Federal Register notice. The Director shall publish in the Federal Register: (a) A notice of tne filing of an application (specifying that copies of the application, except for Restricted Data, classified National Security Information, Safeguards Information, of proprietary data, or other withholdable information will be made available for the public inspection in the Commission's Public Document Room at 2120 L Street, NW. (Lower Level), Washington, DC, and in the local public document room at or near the location i of the plant); b) A notice of opportunity for written public comment on the application; and 1 (c) The date of any scheduled public meeting regarding the application. l s 76.39 Public meetina. i (a) A public meeting will be held on an application if the Director, in his or her discretion, determines that a meeting is in the public interest j with respect to a decision on the application. l (b) Conduct of public meeting. (1) The Director shall conduct any public meeting held on the application. l 63 l l
l i (2) Public meetings will take place near the locale of the subject [ plant, unless otherwise specified by the Director. (3) A public meeting will be open to all interested members of the public and be conducted as deemed appropriate by the Director. j I (4) Members of the public will be given an opportunity during i public l meeting to make their views regarding the application known to the Director. j i (5) A transcript will be kept of each public meeting. (6) No Restricted. Data { classified NationaliSecurity;Information; I Sa fegua rds " In forma t i on/proprie t a rylda t afor Lo ther1wi thholda bl.e" iriforma t ion ~ i may be;introducsd~at'theTme'eting; % 76.41 Record underlying decisions, j (a) Any decision of the Commission or its designee under this part in any proceeding regarding an application for a certificate must be based on information in the record and facts officially noticed in the proceeding. (b) All public comments and correspondence in any proceeding regarding an application for a certificate must be made a part of the public docket of [ the proceeding, except as provided under 10 CFR 2.790. s 76.43 Annual date for decision. The Director will render a decision on an application within 6 months of the receipt of the application unless the Director alters the date for decision and publishes notice of the new date in the Federal Register. 64
4 6 76.45 Application for amendment of certificate. In addition to the annual application for certification submitted pursuant to s 76.31, the Corporation may at any time apply for amendment of l the certificate to cover proposed new or modified activities. The amendment l application should contain sufficient information for the Director to make findings of compliance for the proposed activities as required for the original certificate. l l Upon receipt of an application for amendment of the certificate, the Director will determine whether the proposed activities are significant, and if so, follow the procedures specified in 55 76.37 and 76.39. If the Director determines that the activities are not significant the Director will, after appropriate review, issue a decision pursuant to Subpart C of this part. Subpart C - Certification l s 76.51 Conditions of certification. The Corporation shall comply with all of the requirements set forth and i referenced in this part or set forth in the certificate of compliance or in an approved compliance plan. 9 76.53 Consultation with Environmental Protection Agency. I In reviewing an application for a certificate, including the provisions of any compliance plan, the Director shall consult with the Environmental Protection Agency and solicit the Environmental Protection Agency's written comments on the application. 65
1 6 76.55 Timely renewal. In any case in which the Corporation has timely filed a sufficient-annual application for a certificate of compliance, the existing certificate i of compliance or approved compliance plan does not expire until the Director i has made a determination on the application for a certificate of compliance. 5 76.G0 Regulatory reauirements which apply. j i The Nuclear Regulatory Commission will use the following requirements i for certification of the Corporation for operation of the gaseous diffusion plants: (a) The Corporation shall provide for adequate protection of the public health and safety and common defense and security. (b) The Corporation shall demonstrate compliance with the provisions of this part. (c) The Corporation shall demonstrate compliance with the applicable provisions of 10 CFR Part 19, " Notices, Instructions and Reports To Workers: Inspection and Investigations." I (d) The Corporation shall demonstrate compliance with the applicable provisions of 10 CFR Part 20, " Standards For Protection Against Radiation." (e) The Corporation shall demonstrate compliance with the applicable 1 provisions of 10 CFR Part 21 " Reporting of Defects and Noncompliance." (f) The Corporation shall demonstrate compliance with the applicable f provisions of 10 CFR Part 26, " Fitness-for-Duty Programs." The requirements of this section apply only if the Corporation elects to engage in activities involving formula quantities of strategic special nuclear material. When 66
i 1 applicable, the requirements apply only to the Corporation and personnel carrying out the activities specified in i 26.2(a)(1) through (5). (g) The Corporation shall demonstrate compliance with the applicable provisions of 10 CFR Part 71, " Packaging and Transportation of Radioactive 'l Material." (h) The Corporation shall demonstrate compliance with the applicable provisions for physical security and material control and accounting as specified in Subpart E to this part and contained in 10 CFR Part 70, " Domestic l Licensing of Special Nuclear Material," Part 73, " Physical Protection of Plants and Materials," and Part 74, " Material Control and Accounting of Special Nuclear Material." The requirements in these parts address safeguards for three different kinds of nuclear material: special nuclear material of low strategic significance (Category III), special nuclear material of moderate strategic significance (Category II), and formula quantities of 4 strategic special nuclear material (Category I). The requirements for Category III material apply to the production of low enriched uranium. The requirements for Category 11 and Category I material apply only if the Corporation elects to engage in activities that involve these kinds of l material and then only to the situations and locations that involve these kinds of material. (i) The Corporation shall demonstrate compliance with the applicable provisions for security facility approval and for safeguarding of classified infer = tion and h rdware matter as specified in Subpart E to this part. 9 76.62 Issuance of certificate or approval of compliance plan. (a) Upon a finding of compliance with the Commission's regulations for issuance of a certificate or approval of a compliance plan, the Director shall 67 l l l
l j i issue a written decision explaining the decision. The Director may impose such terms and conditions as deemed appropriate. (b) The Director shall publish notice of the decision in the Federal I i Register. i i (c) The Corporation, or any person whose interest may be affected who i submitted written comment in response to the Federal Register Notice on the j application or compliance plan under s 76.37, or who provided oral comments at any meeting held on the application or compliance plan conducted under s 76.39, may file a petition, not to exceed 30 pages, requesting review of the Director's decision. This petition must be filed with the Commission not later than 15 days after publication of the Federal Register Notice. Any person described above may file a response to any petition for review, not to exceed 30 pages, within 10 days after the filing of the petition. Unless the Commission grants the petition for review or otherwise acts within 60 days i after the publication of the Federal Register Notice, the Director's initial decision on the certificate application or compliance plan becomes effective and final. The Commission may adopt by order such further procedures as in I its judgment would serve the purpose of review of the Director's decision. (d) The Commission may adopt, modify, or set aside the findings, conclusions, conditions or terms in the Director's decision and will state the basis of its action in writing. 9 76.64 Denial of certificate or compliance plan. (a) The Director may deny an application for a certificate of compliance or not approve a compliance plan upon a written finding that the application is in noncompliance with one or more of the Commission's requirements for the 68 j s ,- - -, _. ~ -,, ,_.i
2 plJnt, or that the compliance plan is inadequate to protect the public health and safety or the common defense and security. (b) The Director shall publish notice of the decision in the Federal Register. (c) Before a denial of an application for a certificate of compliance, the Director shall advise the Corporation in writing of any areas of noncompliance with the Commission's regulations and offer the Corporation an opportunity to submit a proposed compliance plan regarding those areas of noncompliance identified. (d) The Corporation, or any person whose interest may be affected and who submitted written comment in response to the Federal Register Notice on the application or compliance plan under s 76.37 or who provided oral comment at any meeting held on the application or compliance plan conducted under s 76.39, may file a petition, not to exceed 30 pages, requesting review of the Director's decision. This petition must be filed with the Commission not later than 15 days after publication of the Federal Register notice. Any person described above may file a response to any petition for review, not to exceed 30 pages, within ten days after filing of the petition. Unless the Commission grants the petition for review or otherwise acts within 60 days after the publication of the Federal Register Notice, the Director's initial decision on the certificate application or compliance plan becomes effective and final. The Commission may adopt by order such further procedures as in its judgment would serve the purpose of review of the Director's decision. (e) The Commission may adopt, modify, or set aside the findings, conclusions, conditions or terms in the Director's decision and will state the basis of its action in writing. 69
i 6 76.68 Plant changes. (a) The Corporation may make changes to the plant or to the plant's operations without prior Commission approval provided all the provisions of this section are met. (1) The Corporation shall conduct a written safety analysis which demonstrates that the changes would not result in undue risk to public health and safety, the common defense and security, or to the environment. (2) The changes must be authorized by responsible management and approved by the plant safety review committee. i (3) The changes must not decrease effectiveness of the plant's safety, l and safeguards and security programs. (4) The changes must not cause projections of the annual individual or cumulative occupational radiation exposures to increase significantly. (5) The changes must not significantly affect the types of or increase the amounts of effluent released offsite. (6) The changes must not involve an unreviewed safety question. (b) To ensure that the approved application remains current with respect to the actual site description and that the plant's programs, plans, policies, and operations are in place, the Corporation shall submit revised pages to the approved application and safety analysis report, marked and dated to indicate each change. These revisions must be submitted within 90 days of their adoption as specified in 9 76.33 of this part. (c) The Corporation shall maintain records of changes in the plant and of changes in the programs, plans, policies, procedures and operations described in the approved application, and copies of the safety analyses on 70
i j l ( ) r l which the changes were based. The records of plant changes must be retained until the end of the plant's life. The records of changes in procedures must be retained for a period of 2 years. s 76.70 Post issuance. (a) Amendment of certificate terms and conditions. The terms and t conditions of a certificate of compliance or an approved compliance plan are subject to modification by reason of amendments to the Act, or by reason of rules, regulations, or orders issued in accordance with the Act. (b) Revocation, suspension, or amendments for cause. A certificate of I compliance or a compliance plan may be revoked, suspended, or amended, in whole or in part for: (1) Any material false statement in the application or statement of fact required by the Commission in connection with the application; (2) Conditions revealed by the application, or any report, record, inspection, or other means which would warrant the Commission to refuse to grant a certificate or approve a compliance plan on an ' original application; and l l (3) Violation of, or failure to observe any of, the applicable terms and conditions of the Act, or the certificate of compliance, the compliance plan, or of any rule, regulation, or order of the Commission. (c) Procedures governing amendment, revocation, or suspension. l (1) Except in cases of willfulness or those in which the public health interest, common defense and security, or safety requires otherwise, no certificate of compliance or compliance plan may be amended, suspended, or revoked unless, before the institution of proceedings therefor, facts or l 71 l l t ~, ....,_.A
conduct which may warrant the action must have been called to the attention of the Corporation in writing and the Corporation shall have been accorded an opportunity to demonstrate or achieve compliance with the lawful requirements related to such action. (2) In any proceeding to amend, revoke, or suspend a certificate of compliance or compliance plan, the Commission shall provide the Corporation and other interested persons with an opportunity to provide written views to the Commission. The Commission shall consider these views and may adopt by order further procedures for a hearing of the issues before making a final enforcement decision. (d) Additional information. At any time after the grant of a certificate of compliance or approval of a compliance plan, the Commission may require further statements from the Corporation in order to enable the Commission to determine whether the certificate or approved compliance plan should be modified or revoked. s 76.72 Miscellaneous procedural matters. (a) The filing of any petitions for review or any responses thereto shall be governed by the procedural requirements set forth in 10 CFR 2.701(a) and (c), 2.708, 2.709, 2.710, 2.711, and 2.712. Additional guidance regarding the filing and service of petitions for review of the Director's decision and responses to such petitions may be provided in the Director's decision or by order of the Commission. (b) The Secretary of the Commission shall have the authority to rule on procedural matters set forth in 10 CFR 2.772. 72 w.,
i i J ? [ (c) There are no restrictions on ex parte communications or on the ability of the NRC staff and the Commission to communicate with one another at any stage of the regulatory process, with the exception that the rules on ex i parte communications and separation of functions set forth in 10 CFR 2.780 and 2.781 shall apply to proceedings under 10 CFR Part 2, Subpart G for imposition 1 of a civil penalty. (d) The procedures set forth in 2.205 of Subpart B,10 CFR, and in 10 CFR Subpart G, shall be applied in connection with NRC action to impose a l civil penalty pursuant to Section 206 of the Energy Reorganization Act of 1974 i and the implementing regulations in 10 CFR Part 21 (Reporting of Defects and Noncompliance), as authorized by Section 1312(e) of the Atomic Energy Act of 1954, as amended; (e) The procedures set forth in 10 CFR 2.206 shall apply to a request by any person to institute a proceeding pursuant to Section 76.70 to amend, revoke, or suspend a certificate of compliance or approved compliance plan, or l for such other action as may be proper. i i i 76T76' Backfittino. ( a) (1)} Backfittingjis defined fap thei sodi ficat t orilofHdriadditi'onitol systems, struttures,/or' components lcf falpl. ant [of toJthe".prodedurei[or-l organ i zat i on requi red' to f ophrate L af pl ant [ anf]o ff shi ch [mlay[resul tUromXnew o r ; am6nded l p rov i s'i on "i n7the1 Commi s si of rul e for3 the^imphs i tioFo fTregsl at6ry staff position interpreting the Commission 7ulssith'atlisi16iths6.nsiitT6h ~ differentifrom the ~ staff position 'at.itheitimsloffissuan&[of?thelfipstfant ual certificati6n' following the initial (certiffEationlunderJth;if part] l 73 l l - - + - - m - i g-'y4 W (m e 9 w e "? e 77 ? frT* e9"9e1* 5-W-W-WDN+19
(2)'Except)asf provided inlparagraphT(a)(4)*of this 5section, the Commission (shall require:La.systematicEand'documentedfanklisis' pursuant ~to paragraph (c) of this:section for backfits which itTseek'si to(impose. '(3) Except aslproyided in paragraph 1(a)(4)T of_ thistsection, the ~ ComissionT shall T requi re : the' backfittingll off a(p1'antionly]whenlitidetermines,- based on the analysis Ldescribed,in paragraph l(b)[bffthisTsectionl,}thatithere ~ is. a sub'stantialLincrea'se in the; overal.l! protection 7of::theJpublic[ health and safety or the~ comon defense andisecurlity to be? derived from'the backfitrand that the direct and indirect costsLof implementation for that' plant 7are ju sti fied. i n - v i ew ' o f : thi s 1i ncreased protecti oni (4) The. provisions of; piragraphls^ (a)(2)Tandi(h)(3)[oflthis[se~ctiorifire inappi t cable' and,( therefore; ; backfit'analysisl i'sTnotirequired "and;the standards ~ in' paragraph (a)(3);of;thislsectionido notjapp1ffivhereithe Comission oristaff, as:: appropriate,jfinds).and declares? with? appropriate 1j documented evaluation for':1ts finding ("anMoff thelfollowing: 7 ~ (i) That a' modification:islnecessi'ri;lto;lbfingfa]plantiijto? compliance with a'certificatelor~the Lrules or' orders of thelCommissiorjfbrIinto conformance ~with written' comitments byfthe' Corporation {or (ii) /That regulatoryyfa'ction-isineces'saryjtoiehsure :thatfthe31a'nt provides.'idequateprotsctiontolthehealthl:andisifetyfoffthe;publip;andMsfin accord with the comonfdefense and. security; fob (iii) That the: regulatory;actioniinvolves[definingior] redefining [whht l level.of 'protectionito' the. publicThehlth.?and E afety]orl common ldefenseland s i securityj should be' regarded as: adequate. (5) The Commission shh11 alway ls requireTthe' backfittinsloffa; plant"liffit determines that 'such regulatory action;is 'necessary to ensure]that;the; plant 74 l +. o ,.--y,. ,,,%--,,,_,y..-.., y%-, .--,,___,_m.- 7,.ey,<,y7 n %,.y--.-
i a provides adequate protection'to the~ health'and! safety!of the;public"and 'is11n accord with the common' defense and; security. (6) The documented evaluationTrequired by paragraph (a)(4)'of this section shall include 'a~ statement 'of th'eM bjectives of and' rea' sons for.' the o modification and the basis for' invoking'the e~xception'. ~ If-immediately effective regulatory action is required,f.then1the documented evaluation may follow ~rather than' precede' the regulatoryf action.- 2 (7) If there are two or more' ways to; achieve compliance with 'a certificate or the rules or' orders of the Commissions,or.with written Corporation commitments, or there are~ twofor more' ways to reachla Llevel of protection which is adequ' ate, then ordinarily _the Corporationlis~freefto choose the way which best suit's its purposes' FHowever, 'should Eit;be' necessary ~ or appropriate for Lthe' Commission' to;' prescribe.[alspecific way toicomply with its requirements or to: achieve adequate; prot.ection,JthenTeost may be' affactor in selecting the' way, provided thatl the~ objective 'of' compliance ~o'rfadequate protection is met. (b) In reaching'the"determinationTrequired bylparagfaph;(a)(3);of'.this j section, the Commissioln'williconsider how the' backfitfshould be scheduled in ~ light of..other. ongoing regulatory ' activities 1at'the:plantrand,lin" addition, ~ will consider information 'available concerning anyTof the' followingTfactors.as 7 may be appropriate and any other information relev~ ant "and material: to Lthe proposed backfit: (1) Statement'ofthe1specificobjectivesthat'thelpropo~ sed:b~a~ckfitTis designed to achieve; (2) General description of the activity lthat would be.!'re. quired by'the Corporation in order to complete' the backfit'; ~ 75
i t (3) potenti 1l change in;the~r.isk to the:public from the' accidental 3 l release of ' radioactive material; l (4) Potential. impact oln radiological exposureLoff facility employees; (5)Installationand. continuing /costsassociatedwith'the.backfit; incluo!ng the^ cost ~of_' plant downtime (6) The potential safety. impact ofJchangesLin-plant or operational l complexity,"1scludingjthe~relationshipto'proposedandexisting regulatory requirements; (7) The' estimated resource burden on the NRC associated"with the proposed backfit and the' availability ofl'such fre~ sources; l (8) The potential' impact of differences in plantstype;ldesisn ~or'^ age on ~ l the relevancy ~ and practicality of'the~ propos~ed backfit;~ (9) Whether the proposed backfitfis interim or final. Land;iif interim, the justification;for imposing' the proposed'b~ackfit on';anL interim' b' asis. ~ (c).No certificate;will be? withheld' duringlthelpendencyTof ba'ckfit analyses required ~by' the Commission'sL; rules, (d)_ The' Executiv'e Director for. Operations shall be re~sponsib1_e for implementation of this's.ection, and all. analyses required. by; this section ~ shall be approved by.the Executive DirectorTfor?Operationsfor'his designee; i Subpart 0 - Safety 5 76.81 Authorized use of radioactive material. l l The Corporation shall confine its possession and use of radioactive material to the locations and purposes covered by the certificate or approved compliance plan. Except as otherwise provided, the certificate or approved 76 l
I d compliance plan issued pursuant to the requirements in this part entitles the Corporation to receive title to, own, acquire, receive, possess, and use l 8 radioactive material in accordance with the certificate. s 76.83 Transfer of radioactive material. l (a) The Corporation may not transfer radioactive material except as authorized pursuant to this section. (b) Except as otherwise provided and subject to the provisions of paragraphs (c) and (d) of this section, the Corporation may transfer radioactive material: (1) From one component of the Corporation to another; (2) To the Department; (3) To the agency in any Agreement State which regulates radioactive materials pursuant to an agreement with the Commission under Section 274 of l the Act, if the quantity transferred is not sufficient to form a critical mass; (4) To any person exempt from the licensing requirements of the Act and requirements in this part, to the extent permitted under such exemption; (5) To any person in an Agreement State, subject to the jurisdiction of that State, who has been exempted from the licensing requirements and 1 regulations of that State, to the extent permitted under the exemption; l (6) To any person authorized to receive such radioactive material under terms of a specific license or a general license or their equivalents issued by the Commission or an Agreement State; (7) To any person abroad pursuant to an export license issued under Part 110 of this chapter; or 77
(8) As otherwise authorized by the Commission in writing. (c) Before transferring radioactive material to any party.specified in paragraph _(b) of this section, the Corporation shall verify that the j transferee is authorized to receive the. type, form, and quantity of radioactive material to be transferred. (d) The following methods for the. verification ~ required by paragraph i (c) of this section are acceptable: i (1) The Corporation may have in its possession and read a current copy of the transferee's specific license or confirmation of registration. The Corporation shall retain a copy of each license or. confirmation for 3 years from the date that it was obtained. (2) The Corporation shall _have in its possession a written confirmation by the transferee that the transferee is authorized by license or registration confirmation to receive the type, form, and quantity of special nuclear. material to be transferred, specifying the license or registration confirmation number, issuing agency, and expiration date. The' Corporation shall retain the written confirmation as a record for 3 years from the date of receipt of the confirmation; (3) For emergency shipments, the Corporation may accept a certification by the transferee that he or she is authorized by license or registration-certification to receive the type, form, and quantity of special nuclear material to be transferred, specifying the license or registration number, issuing agency, and expiration date, provided that the oral confirmation is' l confirmed in writing within 10 days. The Corporation shall retain the written confirmation of the oral certification for 3 years from the date of receipt of the confirmation; l 78 l
l l l l (4) The Corporation may obtain other sources of information compiled by a reporting service from official records of the Commission or the licensing agency of an Agreement State as to the identity of licensees and the scope and expiration dates of licenses and registrations. The Corporation shall retain the compilation of information as a record for 3 years from the date that it was obtained; or (5) When none of the methods of verification described in paragraphs (d) (1) to (4) of this section are readily available or when the Corporation desires to verify that information received by one of these methods is correct or up-to-date, the Corporation may obtain and record confirmation from the Commission or the licensing agency of an Agreement State that the transferee is licensed to receive the special nuclear material. The Corporation shall retain the record of confirmation for 3 years from the date the record is made. l H 76.85 Assessment of accidents. The Corporation shall perform a safety analysis to establish the basis for limiting conditions for operation of the plant with respect to the i potential for releases of radiological material. Special attention must be l directed to assurance that plant operation will be conducted in a manner to l prevent or to mitigate the radiological consequences from a reasonable spectrum of postulated accidents which include internal and external events l and natural phenomena in order to ensure adequate protection of the public l health and safety. Plant operating history relevant to the assessment should l l 4 be included. In performing this assessment, the full range of operations should be considered including, but not necessarily limited to, operation at 79 i w-t
4 the maximum capacity contemplated. The assessment must be performed using an expected release rate resulting from anticipated operational occurrences and accidents with existing systems intended to mitigate the release consequences, along with site characteristics, including meteorology, to evaluate the 3 offsite radiological consequences. H 76.87 Technical safety requirements. 1 (a) The Corporation shall establish technical safety requirements. In establishing the requirements, the Corporation shall consider the analyses and ) results of the safety analysis report submitted pursuant to 9 76.35. (b) The format for the technical safety requirements shall be appropriate for each individual requirement. (c) Each of the following safety topics shall be considered under this section: (1) Effects of natural phenomena; (2) Building and process ventilation and offgas; (3) Criticality prevention; (4) Fire prevention; (5) Radiation protection; (6) Radioactive waste management; (7) Maintenance; (8) Environmental protection; (9) Packaging and transporting nuclear materials; (10) Accident analysis; (11) Chemical safety; 80
l I (12) Sharing of facilities, structures, systems and components; (13) Utilities essential to radiological safety; and (14) Operations. (d) Technical safety requirements shall include items. in the following l i categories: i (1) Safety limits. j (i) If any safety limit is exceeded, corrective action must be taken as stated in the technical safety' requirements or the affected part of the process must be shut down unless this action would further reduce the margin 1 of safety. (ii) The Corporation shall notify the Commission, review the matter, and record the results of the review, including the cause of the condition and t the basis for corrective action taken to preclude recurrence. l (iii) The Corporation shall retain the record of the results of each review until the Commission no longer has certification authority. (2) Limiting control settings. l (i) Where a limiting control setting is specified for a variable on 1 which a safety limit has been placed, the setting must be so chosen that protective action, either automatic or manual, will correct' the abnormal i situation before a safety limit is exceeded. If, during operation, the automatic alarm or protective devices do not function as required, appropriate actionmustbetakentomaintainthevariableswithinthelimiting' control-setting values and to repair promptly the automatic devices or to shut down the affected part of the process. 81 l I ._,,.m y ,o,, p g-9
1 (ii) The Corporation shall notify the Commission, review the matter, and record the results of the review, including the cause of the condition and the basis for corrective action taken to preclude recurrence. (iii) The Corporation shall retain the record of the results of each. 9 review until the Commission no longer has certification authority. (3) Limiting conditions for operation. When a limiting condition for . operation of any process step in the system is not met, the Corporation shall shut down that part of the operation or follow any remedial action permitted by the technical requirements until the condition can be met. (i) The Corporation shall notify the Commission, review the matter, and record the results of the review, including the cause of the condition and the basis for corrective action taken to preclude recurrence. (ii) The Corporation shall retain the record of the results of each review until the Commission no longer has certification authority. (4) Design features. Design features to be included are those systems, components, or structures of the plant which, if altered or modified, would have a significant effect on safety and are not covered in categories described in paragraphs (d)(1), (2), and (3) of this'section. (5) Surveillance requirement. (6) Administrative controls. (7) Initial notification. Reports made to the Commission in response to the requirements of this section must be made in accordance with 6 76.120 of this part. t i f 82 --.1
9 76.89 Criticality accident requirements. (a) Criticality accident requirements. The Corporation shall maintain in each area in which special nuclear material is handled, used, or stored, a monitoring system meeting the requirements of paragraph (b) of this section. The monitoring system must use gamma-or neutron-sensitive radiation detectors which will energize clearly audible alarm signals if criticality occurs. This section is not intended to require monitoring systems for transport of special nuclear material packaged in accordance with the requirements of Part 71 of this Chapter. i l (b) The monitoring system must be capable of meeting the requirements of paragraph (b)(1) or (b)(2) below. (1) The system must detect a criticality that produces an absorbed dose in soft tissue of 20 rads of combined neutron and gamma radiation at an unshielded distance of 2 meters from the reacting material within 1 minute. Coverage of all areas must be provided by two detectors. (2) The system must detect a criticality which generates radiation levels of 300 rems per hour, 1 foot from the source of the radiation. The monitoring devices in the system must have a preset alarm point of not less than 5 millirems per hour (in order to avoid false alarms) nor more than 20 millirems per hour. In no event may any such device be farther than 120 feet from the special nuclear material being handled, used, or stored; lesser distances may be necessary to meet the requirements of this paragraph on account of intervening shielding or other pertinent factors. 83
s 76.91 Emeraenc_y plannina. (a) Emergency plan requirements. The Corporation shall establish, maintain, and be prepared to follow a written emergency plan. The plan must describe how the plant and offsite response organizations will respond to ) i alerts, site area emergencies, and general emergencies. The plan must include the following information: (1) Pla1t description. A description of the plant and area near the plant site. (2) Types of accidents. An identification of each type of radioactive ) materials accident for which protective actions may be needed. (3) Classification of accidents. A system for classifying accidents as alerts, site area emergencies, or general emergencies. (4) Detection of accidents. Identification of the means of detecting each type of accident in a timely manner. (5) Mitigation of consequences. A description of the means and equipment for mitigating the consequences of each type of accident, including those provided to protect workers onsite, and a description of the program for maintaining the equipment. (6) Assessment of releases. A description of the methods and equipment ) i to assess releases of radioactive materials. Specific predetermined responses to be taken in response to emergency conditions must be developed. (7) Responsibilities. A description of the responsibilities of all individuals supporting emergency response should an accident occur, incl.uding identification of personnel responsible for promptly notifying offsite response organizations and the NRC, as well as a description of 84
y responsibilities for developing, maintaining, and updating the plan. The plan i-and its supporting documents must be reviewed and updated, as appropriate. l t (8) Notification and coordination. A commitment to and a description of the means to promptly notify and maintain continued communication throughout the event with offsite response organizations whenever an emergency is declared including the request for offsite assistance and medical assistance for the treatment of contaminated injured onsite workers, when appropriate. The notification and coordination must be planned so that unavailability of some personnel, parts of the plant, and some equipment will not prevent the notification and coordination. (9) Emergency operations center. Provisions for an emergency operations center to be established and kept habitable for the duration of all postulated j emergencies, or an alternate emergency center must be established. The emergency operations center must be capable of supporting assessment, i evaluation, and direction of emergency response organization activities. The 1 Corporation shall also notify the NRC Operations Center, as required in 5 76.120, after notification of the appropriate offsite response organizations of an emergency. A record or log of emergency response actions must be maintained for a period of 2 years and made available for inspection as required by 5 76.121. (10) Information to be communicated. A description of the types of information on plant status, radioactive releases, and recommended protective actions, which, if necessary, must be provided to offsite response organizations and to the NRC. (11) Public notification. A description of the means of notifying the public located in emergency planning zones (EPZ), established by the plant, of 85 rw avw*+r-i-rww w T --e--e mu9+- F
basic emergency planning and information. The established EPZ at the plant shall be appropriate for planning and response to radiological hazards. l (12) Training. A description of the performance objectives and plans for the training that the Corporation will provide emergency response workers on how to respond to an emergency including any special instructions, briefings, and orientation tours the Corporation would offer to fire, police,- medical, and other emergency personnel on an annual basis. The training must familiarize personnel with site-specific emergency procedures. The training must also prepare site personnel for their responsibilities for the accident scenarios postulated as most probable for the specific site, including the use of team training for these accident scenarios. Other site personnel must receive a general emergency preparedness course annually that describes the types of emergencies that could occur at their facility and the type of protective action required for each. (13) Plant recovery. A description of the means of restoring the plant to a safe condition after an accident and of provisions for recovery and re-entry into affected buildings or site areas. The provisions must include procedures for termination of an emergency, dissemination of information, establishment of a recovery organization, and criteria for resumption of 4 normal operations. l l (14) Drills and exercises. Provisions for conducting quarterly l l communications checks with offsite response organizations and annual onsite drills and exercises to test response to simulated emergencies. Communications checks with offsite response organizations shall include the check and update of all necessary telephone numbers. Drills must test the capability of individual plan elements. Exercises must test major portions of i l l 86 l l l
the emergency plan. The Corporation shall invite offsite response i organizations to participate in the annual exercises. Exercises must use accident scenarios postulated as most probable for the specific site. The accident scenarios shall not be made known to most exercise participants in advance of the exercise. The Corporation shall critique each exercise using individuals that do not have direct implementation responsibility for the plan. Critiques of exercises must evaluate the appropriateness of the plan, emergency procedures, facilities, equipment, training of personnel, and overall effectiveness of the response. Deficiencies found by the critiques L shall be corrected. (15) Hazardous chemicals. Confirmation that the Corporation has met its responsibilities under the Emergency Planning and Community Right-to-Know Act of 1986, Title III, Pub. L. 99-499, if applicable to the Corporation's activities at the proposed place of use of the special nuclear material. s 76.93 Quality assurance. The Corporation shall establish, maintain, and _ execute a quality assurance program satisfying each of the applicable quality' assurance criteria of Part 50, Appendix B. The Corporation shall execute the applicable criteria in a graded approach to an extent that is commensurate with the importance to safety. i 87 I __y y -t-
4 Subpart E - Safeguards and Security 9 76.111 Physical security and-material control and accounting, and protection' of certain"information. Nuclear Regulatory Commission regulations that will be used for certification of the Corporation' for physical security and material control and accounting are contained in Title 10 of the Code cf Federal Regulations as described in this subpart. The regulations referenced in this subpait contain requirements for physical security and material control and accounting for formula quantities of strategic special nuclear material (Category I), special nuclear material of moderate strategic significance (Category II), and special nuclear material of low strategic significance (Category III);fandLfor protection of Restricted Data, classified National Security lInformation) Safeguard., -InformationF andli_nformationTdesignated'bylthe.U!S.10epartmentlof Energy as Uncontrolled Classified ~~ Nuclear'Informatt6n. 9 76.113 Formula quantities of strategic special nuclear material - Category I. (a) The requirements for material control and accounting for formula quantities of strategic special nuclear material (Category I) are contained in 55 70.51, 74.11, 74.13, 74.15, 74.17. 74.51, 74.53, 74.55, 74.57, 74.59, 74.81, and 74.82. 'For the purpose of this subpart, the terms " licensee" or " license" used in Parts 70. 73, and 74 of this chapter, shall mean, respectively, the Corporation, or the certificate of compliance or approved compliance plan. 88
-~ 1 l> (b) The requirements for physical security for formula quantities of strategic special nuclear material (Category I) are contained in s 6 73.20, 73.21, 73.40, 73.45, 73.46, 73.70, and 73.71. (c)'The requirementifor1ths"protEctionfoff Safeguards Information 1 pertaining to; formula quantityfof[strategiclspecialLnuclear material i (Category?I)L afe contained;i_nfs;73;21. LInformationidesignated7by the U;S; ~ Department of Energy.as1 Uncontrolled Cisssified Nuclsar:Information"shallfb'e protected?at 'a. level 1 equivalent.to that? accorded SafegdardfInformation". l ) s 76.115 Special nuclear material of moderate strategic significance - Category II. (a) The requirements for material control and accounting for special nuclear material of moderate strategic significance (Category II) are contained in ss 70.51, 70.52, 70.53, 70.54, 70.57, 70.58, 74.11. 74.13, 74.15, 74.17, 74.81, and 74.82. (b) The requirements for physical security for special nuclear material of moderate strategic significance (Category II) are contained in s s 73.21, 73.67, and 73.71. 6 76.117 Special nuclear material of low strategic significance - Category III. (a) The requirements for material control and accounting for special nuclear material of low strategic significance (Category III) are contained in 55 70.51, 74.11, 74.13, 74.15, 74.17, 74.33, 74.81, and 74.82'. i I 89
l 4 (b) The requirements for physical security for special nuclear material of low strategic significance (Category III) are contained in ll--7A2+r l 73.67, 73.70. 73.71, and 73.74. 5 76.119 Security facilit_y approval and safequarding of National Security Information and Restricted Data. The requirements for security facility approval and for safeguarding of classified information and hardwwe matter are contained in Part 95 of this chapter. Subpart F - Reports and Inspections 9 76.120 Reportino reauirements. (a) Immediate report. The Corporation shall notify the NRC Operations Center' within one hour after discovery of: (1) A criticality event; (2) Any loss, other than normal operating loss, of special nuclear material; (3) Any theft or unlawful diversion of special nuclear material which the Corporation is authorized to possess or any incident in which an attempt has been made or is believed to have been made to commit a theft or unlawful diversion of special nuclear material. The commercial telephone number for the NRC Operations Center is (301) 951-0550. l l 90
W (4) An emergency condition that has been declared as an alert, site area emergency, or general emergency. (b) Four-hour report. The Corporation shall notify the NRC Operations l Center as soon as possible but not later than 4 hours after discovery of an event' that could prevent immediate protective actions necessary to avoid releases, or exposures to radiation or radioactive materials that could exceed regulatory limits. (c) Twenty-four hour report. The Corporation shall notify the NRC Operations Center within 24 hours after the discovery of any of the following ) events involving radioactive material: l (1) An unplanned contamination event that: i (i) Requires access to the contaminated area, by workers or the l public, to be restricted for more than 24 hours by imposing additional radiological controls or by prohibiting entry into the area; 1 (ii) Involves a quantity of material greater than five times the lowest l annual limit on intake specified in Appendix B to 55 20.1001-20.2402 of 10 CFR Part 20 for the material; or (iii) Causes access to the contaminated area to be restricted for any { reason other than to allow isotopes with a half-life of less than 24 hours to i decay to a level that would allow decontamination. (2) An event in which equipment is disabled or fails to function as designed when: (i) The equipment is required to prevent releases, prevent exposures to radiation and radioactive materials exceeding specified limits, mitigate l ' Events may include fires, explosions, radiological releases, etc. 91
I l 4 the consequences of an accident, or restore this facility to a preestablished I safe condition after an accident; j (ii) The equipment is required to be available and either should have been operating or should have operated on demand; or j (iii) No redundant equipment is available and operable to perform the i required safety function. l (3) An event that requires unplanned medical treatment at a medical l facility or individual with radioactive contamination on the individual's l clothing or w..,. (4) A fire or explosion damaging any radioactive material or any device, I container, or equipment containing radioactive material when: l [ (i) The quanti' .aterial involved is greater than five times the l lowest annual limit on intake specified in Appendix B to $ 5 20.1001-20.2402 of 70 CFR Part 20 for the material; and (ii) The damage affects the integrity of the radioactive material or its container. (d) Record or it., equirement. A record or log of all emergency actions carried out in response to an emergency plan shall be made and retained for a period of 2 years. (e) Preparation and submission of reports. Reports made by the Corporation in response to the requirements of this section shall be made as follows: (1) Operations Center reports. The Corporation shall make reports required by paragraphs (a), (b) and (c) of this section by telephone to the NRC Operations Center. To the extent that the information is available at the time of notification, the information provided in these reports must include: 92
I l (1) The caller's name and call back telephone number; (ii) A description of the event, including date and time; (iii) The exact location of the event; (iv) The isotopes, quantities, and chemical and physical form of the material involved; (v) Any personnel radiation exposure data available; and (vi) A description of any actions taken in response to the event. (2) Written report. A report required by paragraph (a),(b) or (c) of this section shall be followed by a written report within 30 days of the l initial report. Written reports prepared pursuant to other regulations may be submitted to fulfill this requirement if the reports contain all of the necessary irformation and the appropriate distribution is made. These written rept rts must be sent to the U.S. Nuclear Regulatory Commission, Document Control Desk, Washington, DC. 20555, with a copy to the NRC Region III Office l listed in Appendix D of Part 20 of this Chapter. The reports must include the following information: (1) A description of the event, including the probable cause and the manufacturer and model number (if applicable) of any equipment that failed or malfunctioned; (ii) The exact location of the event; (iii) A description of isotopes, quantities and chemical and physical form of the material involved; (iv) The date and time of the event; (v) The causes, including the direct cause, the contributing cause, and the root cause; 93 re
i l (vi) Corrective actions taken or planned and the results of any evaluations or assessments; j (vii) The extent of exposure of individuals to radiation or to i I l radioactive materials without identification of individuals by name; and (viii) Lessons learned from the event. 1 76.121 Inspections. j (a) The Corporation shall afford to the Commission at all reasonable times opportunity to inspect the premises and plants where radioactive material is used, produced, or stored. (b) The Corporation shall make available to the Commission for inspection, upon reasonable notice, records kept pertaining to receipt, possession, use, acquisition, import, export, or transfer of radioactive material. (c)(1) The Corporation shall provide rent-free office space for the exclusive use of Commission inspection personnel upon request by the Director, Office of Nuclear Material Safety and Safeguards or the NRC Region III Administrator. Heat, air conditioning, light, electrical outlets, and janitorial services must be furnished by the Corporation. The office must be convenient to and have full access to the plant, and must provide the inspector both visual and acoustic privacy. (2) The space provided must be adequate to accomt:,date the NRC resident inspection staff, a part-time secretary, and transient NRC personnel. Space must be generally commensurate with other office facilities at the site. The office space that is provided must be subject to the approval of the Director, Office of Nuclear Material Safety and Safeguards or the NRC Region III Office. 94
l l All furniture, supplies, and communication equipment will be furnished by the I Commission. (3) The Corporation shall afford any NRC resident inspector assigned to that site or other NRC inspectors identified by the Director, Office of Nuclear Material Safety and Safeguards, as likely to inspect the plant, l immediate, unfettered access equivalent to access provided regular plant l l employees, following proper identification and compliance with applicable l access control measures for security, radiological protection, and personal l l safety. l 5 76.123 Tests. The Corporation shall perform, or permit the Commission to perform, any tests the Commission deems appropriate or necessary for administration of the requirements in this part. These tests include tests of: (a) Radioactive material; (b) Facilities where radioactive material is utilized, produced or stored; (c) Radiation detection and monitoring instruments; and (d) Other equipment and devices used in connection with the production, utilization or storage of radioactive material. l l l Subpart G - Enforcement i 76.131 Violations. l (a) The Commission may obtain an injunction or other court order to prevent a violation of the provisions of: 95
(1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; (3) Title XI of the Energy Policy Act of 1992, as amended; (4) A regulation or order issued pursuant to those Acts. (b) The Commission may obtain a court order for the payment of a civil penalty imposed under Section 1312(e) of the Atomic Energy Act of 1954, as amended and Section 206 of the Energy Reorganization Act of 1974, as amended, for a violation of Section 206 of the Energy Reorganization Act of 1974, as amended. s 76.133 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under Sections 161b,161i, or 1610 of the Act. For purposes of Section 223, all the regulations in Part 76 are issued under one or more of Sections 161b, 1611, or 1610 except for the sections listed in paragraph (b) of this section. (b) The regulations in Part 76 that are not issued under Sections 161b, 1611, or 1610 for the purposes of Section 223 are as follows; 55 76.1, 76.2, i 76.4, 76.5, 76.6, 76.23, 76.33, 76.35, 76.37, 76.39, 76.41, 76.43, 76.45, 76.53, 76.55, 76.60, 76.62, 76.64, 76.70, 76.72, 76.131, and 76.133. l 96
l ? PART 95--SECURITY FACILITY APPROVAL AND SAFEGUARDING 0F NATIONAL l SECURITY INFORMATION AND RESTRICTED DATA l
- 20. The authority citation for Part 95 is revised to read as follows:
AUTHORITY: Secs. 145, 161, 68 Stat. 942, 948, AS AMENDED (42 U.S.C. 2165, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); E.O. 10865, as amended, 3 CFR 1959-1963 COMP., p.398 (50 U.S.C. 401, note); E.0. 12356, 47 FR 14874, April 6,1982. i l
- 21. Section 95.3 is revised to read as follows:
l 6 95.3 Scope. The regulations in this part apply to licensees and others regulated by the Commission, including persons required to obtain a certificate of compliance or an approved compliance plan under Part 76 of this chapter, or their contractors] who may require access to National Security Information and/or Restricted Data used, processed, stored, reproduced, transmitted or handled in connection with a license or application for a license, or in connection with a certificate, application for a certificate or an approved compliance plan under Part 76 of this chapter. l 97 l ~,
t 22T :Secti o_h'.?. 9_5 : 5?. fs~ r.eVi.s ed ;to Ta_dd '. th. e..: _fol.l 6w t h9. d._ef. i, n i t foni. l T i 195.5' Definit' ions Licensee'meansjf.for}the]purposeiof[thisfartQthelholdefoffallic;ense. issued [ pursuant to):;101CFR;Part' sis 0[70forh72]orl[theJholderloffcertificatelof 1 i'ompliancefor;;7 approved {domplianceplan'Jissedd[underi10:CFR'Part"]% Dated at Rockville, Maryland, this day of , 1993, i i For the Nuclear Regulatory Commission. t 1 9 Samuel J. Chilk, Secretary of the Commission. t l 5 i 98 ...}}