ML20126E504
| ML20126E504 | |
| Person / Time | |
|---|---|
| Issue date: | 10/29/1992 |
| From: | Parler W NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| References | |
| FRN-57FR60975 AE42-2-002, AE42-2-2, SECY-92-368, NUDOCS 9212290162 | |
| Download: ML20126E504 (25) | |
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RULEMAKING ISSUE SECY M October 29, 1992 (Affirmation)
EOB:
The Commissioners Q
FROM:
William C.
Parler General Counsel
SUBJECT:
FINAL RULE AMENDING 10 CFR PART 52 DISCUSSION:
On October 5, 1992, the Congress passed the
" Energy Policy Act of 1992."
The Act revises the Atomic Energy Act of 1954, as amended, to provide procedures for the issuance of combined construction permits and operating licenses.
The purpose of this final rule is to make those changes in 10-C.F.R. Part 52 that are necessary to conform the regulation to the language of the Energy Policy Act.
Because the rule does nothing more than adopt the language of the newly passed Act, public comment on the rule is not required.
Attached are (1) the Federal Register notice amending Part 52, and (2) a comparative text showing what language has been added to and removed from the regulstion.
RE.CONLQ]DATION:
That the Commission:
(1)
ApyIqy.n this final rule amending the licensing process for-nuclear power plants for publication in the Eeshtgl Ecgisiqr (Enclosure 1).
(2)
Eple:
(a)
That a summary regulatory analysis is. included in the final rule;
Contact:
NOTE: - TO BE MADE PUBLICLY AVAILABLE Michael Rafky, OGC WHEN THE FINAL SRM IS MADE 504-1606 AVAILABLE
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(b)
That neither.an environmental impact statement nor an j
environmental assessment and finding of no significant impact has been prepared for this final rule because it meets the critoria for a categorical exclusion under 10 CFR 51.22(c)(2).
(c)
That because this rule is being issued in final form without a notice of proposed rulemaking, the Regulatory Flexibility Act does not apply.
Accordingly,.no Regulatory Flexibility Analysis has been issued in conjunction with this final rule.
I (d)
That this final rule contains no information collection requirements and is therefore not subject to the Paperwork Reduction Act.
(e)
That appropriate Congressional committees will be notified of this rulemaking action.
(f)
That a public announcement will be issued.
(g)
That a copy of the final rule will be distributed to all affected licensees and other interested-persons.
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William C.
Parler General Counsel
. Attachments:
1.
Federal Register Notice of Final Rulemaking.
2.
. Comparative Text y
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3 Commissionerc' conunents or consent should be provided directly to the Office of the Secretary by COB Priday, flovember 13, 1992.
Commission Staff Offico comments, if any, should be submitted to the Commincioners llLT Thursday _, IJovember 6, 1992, with an iaformation copy to the Officc
>f the Secretary.
If the paper is of such a nature that it requires additional review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
This paper is tentatively scheduled for affirmation at an Open Meeting during the Week of IJovember 16, 1992.
Please refer to the appropriate Weekly Commission Schedule, when published, for a specific date and time.
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DISTRIBUTIOll:
Commissioners OCC OCAA OIC OCA OPA OPP EDO ACRS ASLBP SECY
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(7590-01) l HUCLEAR REGULATORY COMMISSION l
10 CFR Part 52 RIN 3150-AE42 Combined Construction Permits and Operating Licensos; Conforming Amendments AGENCY:
Nuclear Regulatory Commission.
ACTION:
Final rule.
SUM 1ARY:
The Nuclear Regulatory Commission ("NRC" or
" Commission") is amending its regulations governing the issuanco of combined construction permits and operating 11conson for nuclear poWor plants.
The final rule incorporates all the changes to those provisiona that are necessary because of the enactment of licensing reform logislation.
The amondments are necessary to c.onf orm the regulations to the provisions of Title -
XXVIII of Public Law 102-486, signed into law on October 24, 1992.
EFFECTIVE DATE: (30 days after publication in the Federal Register.)
FOR FURTHER INFORMATION CONTACT:
L. Michael Rafky, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555, tolophone 301-504-1606.
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SUPPLEMENTARY IliFORMATION:
I.
Background.
II.
Section-by Section Analysis.
III. Environmental Impact: Categorical Exclusion.
IV.
Paperwork Reduction Act Statement.
V.
Regulatory Analysis.
VI.
Backfit Analysis.
I.
Background
Title XXVIII of-Public Law 102-486, the " Energy Policy Act of 1992," signed into law on October 24, 1992, amends the Atomic Energy Act to facilitate the standardization of nuc1 car power plants and to provida explicit authority for the issuance of combined construction permits and operating licenses.
The legislation largely codifies the Commission's regulations in 10 CFR Part 52.
However, the legislation also makes several changes to the licensing process set forth in those regulations.
The purpose of this rule is to make those changes necessary to conform the language of Part 52 to the provisions of the newly enacted Public Law.
Because these changes are limited to incorporating the language of that statute into the regulations, the NRC finds, pursuant to 5 U.S.C.
553 (b) (B), that there is good cause not to seek public comment on this rule, as such comment is 2
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unnecessary.
The rule will become effective 30 days after the date of publication in the Federal Register.
The final rule incorporates all necessary changes resulting from enactment of licensing reform legislation.
The significant changes --
(1) Provide that the commission may authorize a plant to operato during the pendency of a post-construction hearing on a combined construction permit and operating license (combined license) if it makes certain specified safety findings.
Previously, under Part 52, a post-construction hearing had to be completed prior to operation; (2) Provide the commission with the discretion to order-use of either formal or informal procedures for a post-construction hearing on a combined license.
Previously, under Part 52, only formal procedures were permitted; (3) Provide the commission-with the discretion to permit post-construction license amendments to a combined license, notwithstanding the pendency of a hearing request, to become effective if the commission makes a finding of "no significant hazards considerations."
Previously, Part 52 requited that hearings be completed prior to commencement of operatior. ;
(4) Eliminate the requirement that there be a pre-operational antitrust review by the Department of Justice ~of a l
combined license if there have been significant developments from 3
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1 an antitrust perspective arising since the issuance of the combined license; and (5) Eliminate the requirement that a combined license include the earliest and latest construction completion dates.
The amendments to the rule incorporate these changes as well as other less significant changes to ensure that Part 52 conforms as closely as possible to the statutory language.
II.
Section-by-Section Analysis The following analysis of those sections that are affected under this final rule provides additional explanatory information.
All references are to Title 10, Chapter I, U.S. Code of Federal Regulations.
Section 52.79 Contents of annlications; technical information.
The language of this section provides explicitly that the-inspections, tests, analyses, and acceptance criteria must include those applicable to emergency planning and that the objective of the inspections, tests, analyses, and acceptance i
criteria is to provide reasonable assurance that the facility was constructed and will operate in conformity with the combined i-license, the Atomic Energy Act, and the Commission's_ rules'and regulations.
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Section 52.83 Applicability of Part 50 provisions._
This section has boon revised to remove the applicability of cortain provisions of Part 50 which are no longer required under the legislation.
Those include S 50.33a, which had required in l
cortain circumstances information to be submitted, by a holder of a combined licenso, to the Attorney General of the United States i
for antitrust review; S 50.55(a), (b) and (d), which had required a construction permit for a nuclear power reactor to state the earliest and latest dates for the completion of the facility's construction, and other conditions thoroof; and S 50.58, which had required applications for construction permits or operating licensos to be reviewed by the Advisory Committoo on Reactor.
Safeguards (ACRS).
A final change to S 52.83 is the substitution of a reference to "S 52.99" for "5 52.103." This was done because the findings to which S 52.83 refers are now contained in S 52.99.
1 Section 52.97 Issuance of combined licenses.
This section has been amended with regard to making amendruents to a combined license immediately offective under. tho
-so-called "Sholly Amendment."
Under the Public Law,-an amendment to a combined license can be made immediately offectivo if the Commission dotormines there are no significant--hazards considerations.
This section of the rule has boon revised to-5
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incorporate the statutory provisions and previously issued Commission regulations implomonting the "Sholly" amendment.
The Commission,-however, stresses that it will not look with favor upon licenso amendments to a combined license filed shortly beforo planned operation that could have the offect of undermining standardization or changing the scope of imminent or pending hearings on conformance issues.
I Section 52.99 Inspection Durina Construction..
Like the other amended sections of Part 52, this section has boon changed to track the language of the Public Law.
In this caso, the only change is to require explicitly that, prior to operation under a combined license, the NRC staff shall find that the proscribed accoptanco critoria are met.
iaction 52.103 Operation under a combined license.
In an effort to adhere as closely as possible to the new statutory requirements of the Public Law, the NRC has replaced most of its old section S 52.103 with the-text of section 2802 of the Public Law.
Under the revised language, any request for a post-construction hearing must show, prima. facie, both that one l
or more of_the acceptance criteria are not or will not be mot, and thoso specific operational consequences of nonconformance that would be contrary to providing reasonable assurance that the 6
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public health and safety will be adequately protected.
The Comminnion may permit interim operation of a facility pending a hearing if it determinen that this nusurance exists.
The commission has the discretion to decide if any pont-construction hearing will use formal or informal hearing procedurco, and it must stato publicly the reasons for choosing either set of procedures.
The Comminnion must find, prior to operation of the facility, that the acceptance criteria have been met.
The procedurca with regard to S 2.206 petitions remain the same.
Additionally, thnre in now a new paragraph (g), which in a modified version of old S 52.103(c).
The Commission has done nothing in this section other than to incorporate the language of the Public Law into its rule.
III.
Environmental Impact: Categorical Exclusion The liRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(2).
Therefore, neither an environmental assesament nor an environmental impact statement has been prepared for the final regulation.
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4 IV.
Paporwork Roduction Act Statomont This final rule contains no information collection requirements and, therefore, is not subject to the requirements of the Paporwork Reduction Act of 1980 (44 U.S.C.
3501 et sog.).
V.
Regulatory Analysis The Nuclear Regulatory Commission has mado statutorily mandated changes in 10 CPR Part 52 in order to conform it to the language of the Energy Policy Act of 1992.
These changes roflect Congressionally mandated changes to the NRC' - licensing process for power reactors, only future applicants for combined construction permits and operating licensos will be affected by the changes to the regulations.
VI.
Backfit-Analysis The NRC has datormined that the backfit rule, 10 CFR 50.109, does not apply to this final rule and that a backfit analysis is r
not required for this final rule.
The backfit analysis is not required because these amendmonts are required by law and do not 4
require the modification of or additions to systems, structuros, compononts, or_decign of a facility or the design approval or manufacturing = license for a facility-or the procedures or organization required to design, construct or operato a facility.
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i List of Subjects Part 52 - Administrative practico and proceduro, Antitrust,
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i Backfitting, Combined licenso, Early site permit, Emergency l
planning, Foos, Inspection, Limited work authorization, Nuclear I
power plants and reactors, Probabilistic risk assessment, Prototypo, Reactor siting critoria, Rodress of sito, Reporting
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and recordkooping requirements, Standard design, Standard design j
cortification.
For the reasons set out in the proambio and under the authority of the Atomic Energy Act of 1954, as amended, and 5 U.S.C. 552 and 553, the NRC_is adopting the following amendments to 10 CFR Part 52.
t PART 52-EARLY SITE PERMITS; STANDARD DESIGN CERTIFICATIONS; AND COMBINED LICENSES FOR NUCLEAR POWER PLANTS 1.
The authority citation for Part 52 continues to road as follows:
AUTHORITY:
Socs. 103, 104, 161, 182, 183, 186, 189,'68 Stat. 936, 948, 953, 954, 955, 956, as amended, sec.-234, 83 Stat. 1244, as amended (42 U.S.C.
2133, 2201, 2232,_2233, 2236, 2239, 2282); soco. 201, 202, 206, 88 Stat. 1242, 1244, 1246, as 1
amended (42 U.S.C.
5841, 5842, 5846).
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2.
In S 52.79 paragraph (c) is revised to road as follows:
S 52.79 Contents of applications; technical information.
(c) The application for a combined licenso must include the proposed inspections, tests and analysos, including those applicable to omorgency planning, which the licensoo shall perform and the acceptance criteria thorofor which are necessary and sufficient to provide reasonable assurance that, if the inspections, tests and analyses are performed and the acceptance critoria met, the facility has been constructed and will operate in conformity with the combined license, the provisions of the Atomic Enorgy Act, and the NRC's regulations.
Where the application references a certified standard design, the inspections, tests, analyses and acceptance criteria contained in the certified design must apply to those portions of the facility design which are covered by the design certification.
3.
Section 52.83 is revised to read as follows:-
S 52.83 Applicability of part 50 provisions.
Unless otherwise specifically provided for in this subpart, all provisions of 10 CFR Part 50 and its appendices applicable to holders of construction permits for nuclear _ power reactors also apply to holders of combined licensos issued under this subpart.
10 I
t Similbrly, all provisions of 10 CTH Part 50 and its appendices applicable to holders of operating licenses also apply to holders of combined licenses issued under this subpart, once the Commission has made the findings required under S 52.99, provided that, as applied to a combined license, 10 CFR 50.51 must require r
that the initial duration of the license may not exceed 40 years from the date on which the Commission makes the findings required under S 52.99.
However, any limitations contained in Part 50 regarding applicability of the provisions to certain classes of facilities continue to apply.
Provisions of 10 CFR Part 50 that do not apply to holders of combined licenses issued under this subpart include SS 50.33a, 50.55(a), (b) and (d), and 50.58.
4.
In S 52.97 paragraph (b) is revised to read as follows:
S 52.97 Issuance of combined licenses.
(b) The Commission shall identify within the combined license the inspections, tests and analyses, including those applicable to emergency planning, that the licensee shall perform, and the acceptance criteria that, if met, are necessary and sufficient to provide reasonable assurance that the facility I
l has been constructed and will be operated in conformity with the license, the provisions of the Atomic Energy Act, and the Commission's rules and regulations.
Any modification to, addition.to, or deletion from the terms of a combined license, including any modification to, addition to, or deletion from the 11
l inspections, tests, analyses, or related acceptance criteria contained in such license, is a proposed amendment to such license.
There shall be an opportunity for a hearing on the proposed amendment pursuant to the procedures specified in 10 CFR j
i 50.91.
Where the Commission makes a final determination that no significant hazards consideration is involved and that the amendment should be issued, the amondment may be effective upon issuance, even if adverse public comments have been received and even if an jnterested person meeting the provisions for intervention in 10 CFR 2.714 has filed a request for a hearing.
The Commission need hold any required hearing only after it issues an amendment, unless it determines that a significant hazards consideration is involved in which case the Commission will provide an opportunity for a prior hearing.
5.
Section 52.99 is revised to read as follows:
S 52.99 Inspection during construction.
After issuance of a combined license, the NRC staff shall ensure that the required inspecticns, tests, and analyses are performed-and, prior to operation of the facility, shall find that the prescribed acceptance criteria are met.
Holders of combined licenses shall comply with the provisions of 10 CFR -50.70 and 50.71.
At appropriate intervals during construction, the NRC staff shall publish in the Federal Register notices of the successful completion of inspections, tests, and analyses.
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Section 52.101 is removed.
S 52.101 (Removed) 7.
Section 52.103 is revised to road as follows:
S 52.103 operation under a combined license.
(a) Not loss than one hundred and eighty days before the date scheduled for initial loading of fuel into a plant by a licenseo that has been issued a combined construction permit and
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operating license under section 105 b., the Commission shall publish in the Federal Register notice of intended operation.
That notice shall provide that any person whose interest may be affected by operation of the plant, may with:.n sixty days request the commission to hold a hearing on whether the facility as constructod-complies, or on completion will comply, with the acceptanco criteria of the license.
(b) A request for hearing under paragraph (a) of this section shall show, prima facle, that --
(1) One or more of the acceptanco critoria in the combined 11censo have not been, or will not be met;'and (2) The specific operational consequences of nonconformance that would be contrary to providing reasonabic assurance of adequate protection of the public health and safety.
(c) After receiving a request for a hearing, the commission expeditiously shall either deny or grant the request.
If the request-is granted,-the Commission shall determine, after-considering petitioners' prima-facio showing and any ansverr 13 I
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thoroto, whether during a period of interim operation, thoro will be reasonable assuranco of adequato protection of the public health and safety.
If the Commission determinos that there is such reasonable assuranco, it shall allow operation during an interim period under the combined license.
(d) The Commission, in its discretion, shall determino appropriate hearing proceduros, whether informal or formal adjudicatory, for any hearing under paragraph (a) of this section, and shall stato its reasons therefor.
(c) The Commission shall, to the maximum possible extent, render a decision on issues raised by the hearing request within ono hundred and eighty days of the publication of the notico provided by paragraph (a) of this section or the anticipated dato for initial loading of fuel into the reactor, whichever is lator.
(f) A petition to modify the terms and conditions of the combined licenso will be processed as a request for action in accord with 10 CFR 2.206.
The petitioner shall file the petition with the Socratary of the Commission.
Before the licensed activity allegedly affected by the petition (fuol loading, low power testing, etc.) commences, the Commission shall determino whether any immediato action is required.
If the petition is granted, than an appropriate order will be issued.
Puol loading and operation under the combined licenso will not be affected by the granting of the petition unless the order is made immediately offectivo.
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(g) Prior to operation of the facility, the Commission shall find that the acceptance criteria in the combined license are met.
If the combined license is for a modular design, each reactor module may require a separate finding as construction proceeds.
Commencement of operation under a combined license is nqt subject to paragraph (a) of this section.
Dated at Rockville, Maryland this day of 1992.
For the Nuclear Regulatory Commission, SAMUEL J.
CillLK Secretary of the Commission.
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4 List of Subjects 10 CFR Part 52 Applicability of part 50 provisions, contents of applications, Inspection during construction, Issuance of combined license, Operation under a combined license, Pre-operational antitrust review.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, and 5 U.S.C.
552 and 553, the NRC is adopting the following amendments to 10 CFR Part 52.
PART 52-EARLY SITE PERMITS; STANDARD DESIGN CERTIFICATI0FS; AND COMBINED LICENSES FOR NUCLEAR POWER PLANTS 1.
Section 52.79(c) is revised to read as follows:
S 52.79 Contents of applications; technical information.
(c) The application for a combined license must include the proposed inspectibn(2 testsy 4nspect4ener and analyses,
'inc10 ding]those7 applicable;t'67emErg[encyf p156nihgj which the licensee shall perform and the acceptance criteria therefor which are necessary and sufficient to provide reasonable assurance that, if the inspe;ctions/ tests, inspect 4 ens and analyses are performed and the acceptance criteria met, the facility has been constructed and will operate in conformity with the combined licenseyy th{yifoVisiodi}6f{thQybsiB3gb@f{AbEj{5hCth6]RC's Mcgdlhtidssy Where the application references a certified standard design, the 16sp@i6l6Q teste, 4nspectdoner analyses 1
and acceptanco criteria contained in the certified design must apply to those portions of the facility design which are covered by the design cortification.
2.
Section 52.83 is revised to road as follows:
5 52.83 Applicability of part 50 provisions.
Unless otherwise specifically provided for[ in this subpart, i
all provisions of 10 CFR part 50 and its appendicos applicable to holders of construction permits for nuclear power reactors also apply to holders of combined licenson issued under this subpart.
Similarly, all provisions of 10 CFR part 50 and its appendices applicable to holders of operating licensos also apply to holders of combined licensos issued under this subpart, once the Commission has made the findings required under S 52.p9404, provided that, as applied to a combined licenso, 10 CFR 50.51 must require that the initial duration of the licenso may not excond 40 years from the date on which the commission makes the findings required under S 52.9g403.
However, any limitations contained in part 50 regarding applicability of the provisions to cortain classos of facilities continue to apply.
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- 10};CFR]partf3.0' that"do7n6t~ispplyltE6Qi51dsis]6ffymbliisagidensos 5
is su bd[UndepTthis Tsubpis tV1661Ud(50733EE5,0] 55 M{sn'd[50'T581 3.
Section 52,97 is revised to road as follows:
S 52.97 Issuance of combined licenses.
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(b) The Commission shall identify within the combined license the testerinspections, tests and analyson', including those applicable' to' emergencyfplanning,- that the licensoo shall
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perform', and the acceptanco critoria therefee-which that,Eif mot, are necessary and sufficient to provido reasonable assurance that r 4-f-the-testor-inspect 4one7-and-analysen-are-performed-and the-acceptenoe-eri-teric-met r the facility has boon constructed and will be operated in conformity with the license, the provisiens of the Atomic Energy Act, and the Commission's rules and' regulations.
Any modification to, addition to, or dolotion from the terms of a combined license, including any modification to, addition to, or deletion from the tester inspecti~onsp tests, analyses, or related acceptanco critoria contained in such license, is a proposed amendment to such license.
There shall be an opportunity for a hearing on the proposed amendmenta-and-any h ea ri ng-held-mus t-be-completed-bo ro re-opera t4en-o f-t he-fool-14 ty pursuant 1tofth{ procedures.spe61fied71~nL10!CFlf50.91".fWhersthe commission makes"af finalidoterminationi that'noTsignifican.t ha r,ards' con siderationfis Tinvolvedsnd {thatitheTaniondmentishould be 71s sued ; l tho" amendment T may[bb"e f f eb bivelUpon~1's sdande7eVo6T i f
.advers e j public T'comisents ; h a'vej be en] received Pshd r eVen"^1f fan interested" peksonfmdeting3h'efprbvisjiohslf or]ntgrpintion} irj 10{CFR?2.7141h'asifiJedPa{rsqQedt7fofa]earingf *;The7 Commission n;o'od;.E holdfanp[rei U,1jedihbafi;ng}"on1'pjf tWrT4t{iysbeaf ari[smbndment}
f unless itLdetermines]th6t'a"sigrdfi*cantSliazards~cohsiderati6nEls r
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Involvediiniwhich? case th'e Commission';williprovide'an" opportunity forfa.Lpriorihearing; 4.
Section 52.99 is revised to road as follows:
S 52.99 Inspection during construction.
After issuance of a combined license, the NRC staff shall aocnsure that the required inspections, tests, and analysos are perf ormed andi, Tprior f to l operation": of? the'^ f acility,"_"shall fi'nd that the prescribed acceptance critoria are mot.
Holders of combined licenses shall comply with the provicions of 10 CFR 50.70 and 50.71.
At appropriato intervals during construction, the NRC staff shall publish in the Federal Register noticos of tho successful completion of inspections, testo, and analysos.
5.
Section 52.101 is deleted from the regulation.
6.
Section 52.103 is revised to read as follows:
S 52.103 Operation under a combined licenso.
(a) Not loss than MO bne]hUridrdd Thhd{eighty days before the date scheduled" forTinitial] loading of fuel into the--reactee -the r
ho ldo e-o f-t h e-co mb i ned--14eense-oha-1 1, in-writ 4tig7-not4-fy-the commi ssietH> f-t hem peoted-d at es-o f-bo th-fue4-4oad ituj-a nd oei t4ca-14tyr--a ~ pla n t~ byy l i c ein's e eJ th a U 9faglbse nlis s6 e dl
. lcombinodiconstrudt16djermi$alndToperatirigilicynde[undefsde,tjori 1857bT,]tThe Commission shall publish not4ee-of-theae-dates in the Fedoral Reginter[yotideTofdn,tehdedTopjeratlori.
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H eg l e ter-not4 ce--enus t-aleo-ad vice-pe rson e-w hea e-i n te res te-ma y-be a f4eot ed-by-fooi44 tef-o pe ra t4en-o f-t he4 M g h ts-u nde r-pa ra g ra ph
-(b)-of-thle-eeot4enr Tha tinoti'cel sha111p ros/1'd eltha tTa np]pe r s o n Whose~ interest mayjbe^affected]bp[operationi6f"thefplant;Umap with in ' a ixtp Tdays " kequ es.tiths"Commi.s.sion ' to? hold.f.aThea.rihgTon whether?the~facilityfaslconstrudtedicompliesCoCon[ completion will comply, witli theTacceptahce"criteila~of?theTlicolisey (b)-(-1+ Not-4 ster-than-60-days-af-ter-publ4 cat 4en-of-the not4ce-requ4-red-by A'requestlfor(hsdring~undeF; paragraph (a) of this section -eny-person-whose-4nterest-may-be-effected-by r
fa ci44ty-ope r a t4 cn-ma y-f44e-o ne-or-both-o f-the-fel4 owi ng-in weit 4ngo shall^ shoQ primaffable~jf that a-pet 4t4en-whleh-showe -pelma-foole -that one or more of (i) r r
the acceptance criteria in the combined license have not been[,for WillTn^otlbeTaetr andr-an-a-result r-there-de-good-oause-to-modify or-prohibit-operat4en1-or (ii) A-pe t4t4 o n-to-mod 1-ft-th e-te r me-e nd--condit4en e-o f-th e combined-1-leense the'specifio}perationjl[ddhsequeiides?d2 nonconf brmance ^ that {Vouldibe[c6ntrhWp]t6^ pr oji'diiigjyeid6hab10 i
hasubance }of f adequat{pfote'cti5d}f{ths?publ'ic]hlsalth[hrid[ssf atyl
-( 2 ) ( 1)
?. < food-eause-pet 4t4en-f44ed-undee-paregraph
-(b)-(-1) (1) Of-thie-sect 4en-w44-1 bc grant +d-by-the-Gommieslen-only
-if-it-ineludea -or-elearly-referencesMf-f4cini "RG-dooumenter r
documente-prepared-by-oe-fee-the-combined-14eense-holdee -or r
ev4dence-ednisaibic - ir a proceeding-under-subpart-G-of-part 2, whleh-ehow -pelina-feele -that-t-he-acceptenoe-er4-terlo-have-not-r r
5
E been-met,--The-combined-14oense-holder-and-NRG-sta f f-may-f44o a nswero-to-the-pe t4 t4 on-w i t h i n-t he-t4 me-s peel-f4ed-i n-10-G FH-Br7-30 for-a nswere-to-mot 4ons-by-pa rt4es-end-ste ff.
I-f-the-Commission 4 n-ite-jud g me n t-<lecid eo7-o n-t he-bas le-o f-th e-pe t4 t4ene-a nd-a ny anowere-thereto -that-the-pet 4t4en-meete-the-requiremente-of-this r
pa ra g ra phr-t h a t-the-l eeues-raleed-by-the--pet-it4e n-a re-no b-e x emp t f rom-adj udica t4cn-unde r -- S - U. C. G,-554&H-3+ r-that-genu ine-looues o f-ma te el a4-fa c t-e re-radeed r-a nd-t ha t-sebt-leme n t-or-o ther infernal-resolut4cn-of-the-lesues-le-not-posedble -then-the r
g e n u i ne-4e su ea-o f-ma te r4el-fe e t-radoed-by-t he-pe t4 t4c n-mu s t-be resolved-in-a ccorda noe-wit h-the-provielone-1 n-6-U. C. C. 554, 5657 a nd-557-w h ich-a re-a pp14ca ble-to-d e term i ning-o pp14ca b4cno-fo r In-ouch-easee -the-not4ee-of-hearing-f-rom-the 4 nit 4el-14eenseo.
r Co mm iss i on-mus t-o peul fy-t he-proced u ree-to-be-fo14 owed.
Habters exempt-f-rom-adjudicat4on-under-6-Ur67Gv-554-(c) (3) may-be-deoided by-t he-Gomm is o io n-col e4y-on-t he-ba o lo-o f-t he-sh ow ing-o f-g ood ca u se-a nd-a ny-respo ns ive-pleading er
-(44-)-A-pe t4t4 on-to-mod ify-t he-te rme-a nd-co nd it4e ne-o f-bh e combimed-14eense-w144-be-peooessed-ac a-request-foMot4en-fn a coo rd-with-10-GF R-FrGO 6r--The-pe t4t4ene re-s ha44-f44e-th e pet 4t4en-with-the-Georeta ey-o f-th e-Gomm ite ionv-Be fore-the 440eneed-act444ty-e44 egedly-a f4ected-by-the-pet 4t4en--(fuel load 4ng, low-powee-test 4n97-eter)-commeneee -the-Gommloolon-eha44-r con s4d e r-the-pet 4t4on-e nd-determine-whethe e-a ny-4 mmedle te-oo bio n 4s-required.
I-r-the-pet 4t4or. ic granted -then-en-appropelote 7
ordee-v144-be-leaued,
Fuc1 load 4-ng-end-operat4cn-under-the 6
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co m bi ned -14 eense-w l-1-1-no t-be-o f-fect ed-by-t he-g ra n t4ng-o f-th e pe t4t-4 on-u n l e ss-t h e-ord e r-le-made-i mmed iately-o ffeet4-vev ~
(c) Peier-te-feel-loadingrthe-Commissien-sha4-1-f4 nd-t h a t the-oecaptafwe-erdter4a-in-the-cambleed-14eense= have-been-met-and t h a tecoording lyrt he-fec i-14ty-has-been-cons t ruoted-e nd-wi44-ope ra to-1 n-son formity-wl th-th e-A bom i o-Energ y-Aot-a nd-th e Commissiend-o-regule t4ene.
M-the-combined-14eenec - ic-for-a modulae-design -each-reactor-nodule-may-requ4re-e-separate r
f4nd4 ng-as-cortetruet4en-proceede rff terJedbiyin{a" reqdsi{t]f drla hearing [the commission"expeditiobaly[sha11Teittisr]denp;of{gyaht theirequent. ;If L thb"requentTis"grantei), 'the[Commiss16nfahall determlho',f af her ' consideridQotiti'onbrs CypiE3?fshle{stiokihbTtind
~any ahskors1theretO{vhether?'ddringjalperiod{6ffinteris operation,thereivi117EereasonabidrasaursH5b';of[jdeijhsts p r o tse ti on~o f E ths"lpublic ~ h e althljnd Tsa f o ty,'((1ptijbicommi s s i6 ti datermlhes thatMiio're'_ d. kihub.. hts,as_onableTas,iu,f,Ahhs,Jfit@h611
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m h11oW~operationfddring{anEintbrimfphilod[bHdeE(the?c6Ebided licenssi l(dQThd7Com. m. ibslo,n.PinTi.t. h7'dlior,efibf_C. "^sh5.11.Tddt.e.f,ifil.iid m.
s a d j nd icato rP ;.,f f o.r.."sn.y~" he afihMii6d..E..aJ. phiipp.u p_h7(s)7B f 'Ith'is F
e ss0 tion. M,uhass,lia1175t.E. thTIE.R_TTFsss5HsT.tlin,f,,i,f5M
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1 f or "iriitial ' loading 1 of fuel': into" the"feactor.7_. khichsver_T,i.sClater.
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+14+ l(f);K'petitioh ^to] mod 17p]thf terms 7ahdisbnditib6slof thn" combined licensi W4,11~ bafpr6 cessed [anya~reque,sg fdr[Wetibn fin accord'lwithf10 CFR'21206] eThe}[potitj6pefs{sliall*fils}the petitibh' Vith?thst secretaryf 6f[~thelc6mmissibiiE'f Bs fof@ths licensed"activitpfal10 god 1V]affsetedTbyJthh]tstitibn((f061 i
loa d i ng;.' losjowe fte h tingifj t cMconshride s '.J th{ commissio63h a ll considor"thoj p.e_ titionl andTdotbimihoTkh.ot.h6rTuny7.1rsodiu. td 7detion
'is4requiredE (Ifj th67potitigis 3rahtdd;,jLthon{aii^)ypfopflat6, ord6r:.W111" bitis;sudd Q Fuel (loading ]ryid ypsrstichj'Onder"ths combirisd^ 11'esnsa 74111t'not E bh*af f ectedTb.. I7 thh..* Ira. ht.iii,@,Tof ' t..hd
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1 petition" unleasj ths_ Turd 6f. if ma;ds71km_s.diat's1.9.7E f f6ctiV3._71 s
( g )] Frior~tblopsr~ati'o67o f[thO f sbili;tp MtheTC6m(iis s icip sh all firid that~the.EadcopthridoT. erlthrlaTi.h. ith6, +~dbmbinedTrid.E,dsi.'~iro
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inots.1 (Ifl,ther co%ihed T.ibe. hsciisTfdr?s7s6.d.Q~1ErrdsW1.46~Tn.hs,e.l.i.
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r6sc to r'.l n6duleT mayy o gh irs? a ~ s spar a Esif ihdiij{aslbbns;trubtion procedds.? C6mmericondnt? of Mo. phrsti.b..riTu. n.ddr7std,o,mbihed[.11666s. cTid
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c-Eq{subjoct[toyaragraph((p)]
Dated at Rockville, Maryland this day of 1992.
For the Nuclear Regulatory Commission,
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SAMUEL J. CHILK Secretary of the commission 8
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