ML20062D854
| ML20062D854 | |
| Person / Time | |
|---|---|
| Site: | Waterford  |
| Issue date: | 11/21/1978 |
| From: | Harold Denton Office of Nuclear Reactor Regulation |
| To: | Aswell D LOUISIANA POWER & LIGHT CO. |
| References | |
| NUDOCS 7811300406 | |
| Download: ML20062D854 (4) | |
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UNITE D STATES 3
'4 MUCLEAR REGULATORY COMMISSION f'
WASMtNGTON. D. C. 20565 k-NOV 2 1 197g Docket No. 50-382 Mr. D. L. Aswell Vice President, Power Production Louisiana Power & Light Company 142 Delaronde Street New Orleans, Louisiana 70174
Dear Mr. Aswell:
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SUBJECT:
REQUEST FOR EXEMPTION FROM CERTAIN REOUIREMENTS OF 10 CFR PART 21 In my September 19, 1978 letter to you concerning your July 28, 1978 request for exemption, I indicated that we were deferring action on your request until the Comission acted on pending recomendations regarding amendments to 10 CFR Part 21.
On October 19, 1978 the Comission issued an amendment to Part 21 that might eliminate the need -for an exemption to the regulation for the situation you described in your letter. You should reexamine your request in light of the amendment to Part 21, a copy of which is enclosed, and detennine if you still believe an exemption is required.
In the meantime, we will not process further your present request for an exemption.
Sincerely,
///f Harold R. Denton, Director Office of Nuclear Reactor Regulation
Enclosure:
10 CFR Part 21 Amendment i
cc w/ enclosure:
See next page
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F 7811300406
2-Mr. O. L. Aswell 4-f ;. g73 W. Malcolm Stevenson, Esq.
cc:
Monroe a Lemann 1424 Whitney Building New Orleans, Louisiana 70130 Mr. E. Blake Shaw, Pittnen, Potts and Trowbridge 1800 M Street, N. W.
Washington, D. C.
20036 Mr. D. B. Lester Production Engineer i
Louisiana Power & Light Company 142 Delaronde Street New Orleans, Louisiana 70174 e
=
.m....
RULES ANO REGULATIONS 48621 (7590-01-M]
mission staff in October 1977 pub.
turer/ distributor on the basis of the lished NUREO-0302 Rev.1. " Remarks manufacturer's pubushed specifica.
Title 10-EnWY Presented (Questions / Answers) Dis-tiot,s. At a defined stage of procure-cussed at the Public Regional Meet-ment, when the item is
- dedicated" to dlAPTft -NUCLEAR REGULATORY ings To Discuss Regulations (10 CFR a "hasic component" (see 10 CFR COMMIS$loN Part 21) fcr Reporting Defects and 21.3(e-1)) the item wiu become subject l
Noncompliance." NUREO-0302 Rev.1 to the requirements of 10 CFR Part PART 21-REPORTING OF DEFECTS contains staff guidance relaung to the 21.
ANO NONCOMPL!ANCE implementation and enfortement af 10 Prtor to these amendments 10 CPR CFR Part 21 and is avausble through Part 21 included within its scope direct the Nauonal Technteal Information inspections of licensees and suppliers menh Regardag Seals Service Springfield. Va. 22181. In the as provided under secuan 20s of the Component preamble to the effecuve rule, the Energy Reorgaritwattaa Act of 1974.
1 AGENCT: Nuclear Regulatory Com-Commt=ian stated that it intended The revised rule will narrow the scope m
"to esamine closely the implementa. of the NRC inspecuen authority based tion of 10 CFR Part 21 with a view to on 10 CFR Part 21. However, NRC will ACTION: P1nal rule.
maktne any clattfring or other retain the authority to inspect suppli.
SUMMARY
- The Nuclear Regulatory changes that may be warranted in the era of==mantal grade items pro.
Commianlon is amending its regula. light of expertence."
vided by suboscuon 206(d) where res.
tions to limit the types of items that Part 21 defines a " basic component" sonably necessary to aid in the identi-are within the scope of its rule for re-subject to the reporting and other te.
fication by the Commiaanon of defects porting defects and noncompliance. quirements of the rule. In response to and noncompliance reportable by 11-This action is believed nec==many since inquiries during and subsequent to the censees and suppliers of basic comro.
the currently effective rule is being public restonal meetings relaung to nents as provided in 10 CFR Part 21.
applied by organizations within its "off.the-shelf" or " catalog" items, the Procurement documents that were scope to an extent not contemplated staff provided guidance that such issued in accordance with 10 CFR and is causing problems relating to the items may be within the scope of 10 21.31 after August 10,1977, and in-
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supplying of equipment. The amend-CFR Part 21 depending on the cireum. voked 10 CFR Part 21 may be amend-ments provide that items that are stances at the time of procurement. ed to delete reference to 10 CFR Part i
available in general commerce and This guidance has been construed by 21 If the item being procured compiles which hue no unique requirements numerous organisations to mean that with the definluon of a "coaunercial i
imposed for nuclear application win the requirements of 10 CFR Past 21 grade item" tsee 10 CFR 21.3(s-1)).
not be within the scope of the revised apply to manufacturers and distribu.
The amended rule will Cr4fy the
- rule for reporting defects and noncom-tors who are involved to any extent in applicahulty of 10 CFR Part 21 mi puance. These amend =nnes wiu nuevi-supplying basic components, or parts thereby muow for precise Wie=*taa ate the above problem.
of basic components, of a faculty = of the rule to these items that are sub.
activity including supplytag base ma. ject to desten or specification require-DATE These amendments win be ef.
terial or functional -hH= to the ments unique to factutles or activtues fective on October 19,1978.
manufacturer of the " basic comapo. lleensed pursuant to part 30, 40,50,60, POR PURTHER INPORMATION nent." This maan w has led to the in-or 71 of 10 CFR Chapter I.
CONTACT:
postuon of 10 CPR Part 21 at a pro.
Since the amendments are intandans curement stage where there are no in part, to respond to a number of re-1 Mr. W. E. Campbell, Jr., Offlee of design or specifleaths recuirements questa for exampuans front 10 CPR Standards Development, UJ5. Nucle-that are unique to annie = ba of the Part 21 which may be'nesammary to at Regulatory Com=hmian Wash
- tten at a nuclear facotty or activity, insure tne continued avaumbuity of ington D.C. 20554,301-443-4913.
e.g., relays.
components for the nuclear industry SUPPr M'MTARY DfFORMATION:
The use of this meaning of hanse and since the anhts narrow the 1
Nouce is hereby stven that the Nucle. component has not improved the qual. scope of the regulation thereby reliev.
at Regulatory &= = iadan (herein. ity of such items and, therefore, has ing a restricuan on persons subject to f
after the "Oommissian") has decidad not enhanced safety, insta=418 la coun.
it, but without any significant adverse
(
to amend 10 CFR Part 21. " Reporting ing cost increases ard inahtuty to safety consequences, the N=ma=ia=
of Defecta and Noncompliance." 6pe. obtain needed supplies. To tho extent has found that good cause exists for cificany, the Commi= tan has decided that the purehaser is unable to obtain omitting notace of proposed rulemak-to impose limits on the types of itens a needed item from the most quaufted ing and pubue procedure thereon as that are used in facilities or acutttaan.suppuer and must turn to other less unneceamary. Accordingly, the amend.
licensed pursuant to part 30,40, So,70, quaufled suppuern, defining basic com. ments are to be effecuve October 19, or 'll that are within the scope of 10 ponent to include such an item may to I M S.
CFR Part 21.
some estent detract frema amfety. "14 Public comments on thens amend.
On March 3,1975, le CFR Part 21 relieve the -Na== '. hat are result-menta and on other peruens of 10 was pubitehad as a propoemd rule (e ing froan the above interpretmann ad CFR Part 21 are invited in order to PR 8832). On June 4,1977, le CPR to antusaae this notanual rushastian ed evahamaa the need for any further Part 21 was r*l=had as an effeessve safety part 21 is betag =- to clartrytus or other changes to 19 CPR rule (42 PR 23801) win.h asuno portlean remove frees the snope of le M Part Part 21. Commusuas that are reenhed of the rule to be effeettve on July a,
- 21. duftna soseifte stages of pregnare. prter to n===h-18, IMS, wul be IMT, and the remaining peruons to be meat, those items of a cumnamareial particularly unaftat in evalusung the effecuve on January 8, IMS. On July grada, e.g., beartnsa, relare, and har need for and content of adetlanal 7, IM7, a Fumanah Ranaerum nouce (42 stock that are (1) not suhjeet to design
==='h="*
PR 34480) changed the instaal effective or %.vanemale requirements smione
- 1. The final==atanan of f21.2 is data to Auguse 18. IM7. vice July 6, to fact 11tles or activitJes *====4 by
==*e=d to read as follows:
1977. To facilitate implementauan of the N===-M (2) used in aopuca.
10 CPR Part 21 a series of public re.
Uons other than facillues or activttles 1 21.2 Seeps.
stenal meetinas were held in July IM7 utenaed by the r'm==Hsfon. and (3)
- *
- Nothing in these resulsuons and beasd on those meetinas the Com-able to be ordered from the manufac-abould be deemed to preclude either MmAt M VOL. 43, NO. Seb -TyuamY, OCr00m 19,1979
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- We Eutas m w y t.gesvru an individual or a manufacturer /sup-4714-41.M]
rector, Divistin cf Bank Supervision, plier of a commercial grade item (see to the Rrg1:nal Diractor of th1 Rest:n SenhoeM RenWa9 ist which the applicant bank is located,
$ 21.3(a-1)) not subject to the regula.
the authority to approve section 19 apa tions in this part from reporting to the
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CHAPTER IH-MDERAL DEPO 5tf plications. The scope of the delegation Commission a kr.own or suspected INSURANCE CORPORATION goes to applications by all insured defect or fauure to comply and, as au-banks, since the statute (Section 19 of a thorised by law, the identity of anyone susotansa 6--s000LAnONS AND the Federal Deposit Insurance Act) 8 so reporting will be withheld from dis-STAT 5stSNTS OF GENesAt POUCY applies to all insured banks and is not 88"#
PART 303-APPUCATIONS, limited to nonmenbers. Section 303.11 has bee ended to re
- 2. A new sentence is added to the REQUESTS, ANO SUSMITTALS end of I 21.3(a) to read as follows:
FDIC's regulations. PDICs Board of b O*3898'I'#8 'I
- Directors did not follow the require-
$ 21.3 (MI therity Respecting Section 19 Ap-ments of section 553(b) of Title 5 of (a) * *
- A===**cial grade item is the United States Code and il 302.1 not a part of a basic component until and 302.2 of FDICs regulations with after dedication (see i 21.3(c-13).
AGENCY: Federal Deposit Insurance respect to notice and public particips-Corporation.
tion because the amendment relates ACI' ION: Final rule.
solely to rules of agency organization, procedure, and practice, and because i
- 3. New paragraphs (s-1) and (c-1)
SUMMARY
- The purpose of this the Board of Directors found that are added to i21.3 to read as follows-amendment is to provide a faster notice and opportunity for pub!!c com-method of processing requests for em-ment thereon would be unnecessary ployment with insured banks. No and would serve no useful public.pur.
pers n is allowed to serve as a director, pose.12 CFR 303.11 la amended by g3 grade item,,
officer, or employee of an insured adding the following paragraph:
means an item that is (1) not subject bank Lf he or she has been convicted to design or specilleati= requirements of a crime involving dishonesty or i 303.11 Delegation of authority to act ea that are unique to facilities or activt-breach of trust unless FDIC gives its certain :;;"-"
ties Ucensed pursuant to part 30, 40, approvat At present, all requests for 50, 70, or 71 of this chapter and (2) employment are processed through used in apptimuons other than facili, the FDICs natonal and Washington (e) Appliestions Aled pursuant to i
sech H of N hderal Wt h.
IC of I ecto s.
e sursace Act (1) The Board of Direc.
part 30,40,50,70, or 71 of this chapter ployment does not constitute a signift-tors of the Federal Deposit Insurance and (3) to be ordered from the manu* cant threat to the safety and sound-Corporauon has delegated to the Cor-facturer/ supplier on the basis of speci. ness of the bank, the request may be fications set forth in the manufactur-handled faster by the Board of Review pwauon a Board M Revin the au-er's published product decription (for (a standing committee of the PDIC) or mutty on behalf M the Board W Di-example a catalog).
the Director of PDICs Division of sectas to approu appHeauons fued Bank Supervision and the Regional by lasured banks with the Corporation Director of the Region in which the pursuant to section 19 of the Federal,
4 employer is located.
Deposit Inswance Act seeking the (e-1) " Dedication" of a commercial consent of the Corporation for the em-EFFENE DATE: This amendment ployment of any director, officer, or grade item occurs after receipt when is e fectin November 20,1978.
employee who has been convicted or is that item is d*=ignaamd for use as a baale component.
FOR PURTHER INFORMATION hereaf ter convicted of any criminal of-CONTACT:
fense involving dishonesty or a breach of trust Such authority to approve in-Karl J. Self Senior Attorney, Peder-a eposi Insurance Cwporauon. ' cludes any director, and any officer or employee who has authority to partici.
- 4. A new sentence is added to the m 41
-P, 8 17th SLMet NW*
pate or may hereafter p.rticipate in
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end of $ 21.7-Washington, D.C.
20429, 202-349-g policymaking furictions of such in.
4422.
sured bank, or has direct or indirect 1 21.7 Es..
j5UPPLEMENTARY INFORMATION: control of 5 percent or more of the
..
- Suppliers of en==**cial grade Section 19 of the Federal Deposit In-voting rights of any class of voting items are exempt from the provisions surance Act (12 U.S.C.1819) provides stock of such insured bank: PmWded, of this part to the extent that theY that no person may serve as a director. That the lasured bank's primary su.
supply commsercial grade items.
officer, or employee of an insured pervisory authority intetposes no ob-(Sec. let, Pub. 1. 83 703, ad Stat 944; asc.
bank who has been convicted of a lection to such applicauon. This au-234. Pub. to st-Ist as stas. 444; esc. 204.
erime involving dishonesty or breach thority shall extend to the approval Puh 1.93-438. se stat 1244 (43 UAC. 2301.
of trust without the written cor.sent of but not to the denial of such applica.
Ess2. seesu FDIC. Normally consent has been tions. The delegation of authority to granted by the PDICs Board M Dime-the Board M ReMw to appmu appil-Dated at Washington.
D.C" this tors upon applicadon by an insured muons under this subparagrsch and 13th day of October 1978, bank desiring to employ or conunue to I 303.11(ex2) does not preclude the 1%r the Nuclear Regulatory Com, amploy such an individual. In order to Board of Directors from acting on any mission.
expedite the handling of section 19 ap-application upon which the Board of Semen...Cmt4 plications. FDIC's Board of Directors Review may not wish to act. Any Secretary of fAe Commiseton.
la delegating to the Board of Review, voting member of the Board of Review as the case may be, or to the Director, attending the meeting at which an ap-(FR Dec. 78-29484 Pued 10-1s-74; s.46 ami Division of Bank Supervision, or plication is considered may request where confirmed in wrlung by the Di-that the application be referred to the i
FWEEAt ESSISTSE. VOt. 48, NO. SOS-DeutSDAY, OCfoest 19, lors
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