ML20134D995
| ML20134D995 | |
| Person / Time | |
|---|---|
| Site: | Portsmouth Gaseous Diffusion Plant, Paducah Gaseous Diffusion Plant |
| Issue date: | 11/13/1996 |
| From: | Woolley R UNITED STATES ENRICHMENT CORP. (USEC) |
| To: | Nilsen C NRC |
| References | |
| CON-#197-18058, FRN-62FR6664 AF56-2, AF56-2-026, AF56-2-26, AF56-2-27, NUDOCS 9702050473 | |
| Download: ML20134D995 (4) | |
Text
/[06Y United States Ennchment corporation DOCXETED 2 oernacracy cent,.r T-usunc me3 n,cm e,, o,i..,
Bethstsda. MD 2081/
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0FFICE DF 5E'.RETARY DOCtU o i v W K5 November 13,1996 Mr. Charles W. Nilsen SERIAL: GDP 96-0195 US Nuclear Regulatory Commission Two White Flint North 11555 Rockville Pike Rockville, MD 20852-2738
)
Paducah Gascous Diffusion Plant (PGDP)
Portsmouth Gaseous Diffusion Plant (PORTS)
Docket Nos. 70-7001 and 70-7002 Direct Final Rulemaking - Part 76 This letter is in response to the posting on FedWorld, the NRC's electronic bulletin board, of the "Rulenaking Plan - USEC Privatization Act" for information and comment. The United States Enrichment Corporation (USEC) is pleased to provide proposed revisions to 10 CFR Parts 76, 70 and 40 for the purposes ofimplementing the USEC Privatization Act signed into law by President Clinton on April 26,1996.
In addition to these revisions, we have also proposed language to 76.45 to clarify the agency's intention concerning Director's decisions on applications for amendments to the Certificate.
This proposed clarification is consistent with the process followed by the agency concerning decisions on license amendment requests for nuclear power plants. Finally, we have also proposed deleting certain sections which are immaterial now that the Director's decision on the initial certification has been issued.
We would be pleased to discuss these proposed revisions and respond to any questions.
Please contact me or Ms. Lisamarie Jarriel at (301) 564-3247.
Sincerely, L&.0
/
Robert L. Woolley
[
Nuclear Regulatory Assurande and Policy Manager Enclosure
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9702050473 961113 l
PDR ADOCK 07007001 1
C PDR Offices en Paducah. Kentucky Portsmouth. Ohio Washington DC
b UNITED STATES ENRICHMENT CORPORATION Comments on NRC's Rulemaking Plan - USEC Privatization Act Section #
Proposed Revision 10 CFR 76 76.31 "The Corporation shall.. and therefore, the Corporation shall apply to the Commission eaeh year en or before April 15 periodically, as determined by ths Commission; but not less than every 5. years, for renewal of a certificate of compliance in accordance with 76.36. Any certificate of compliance issued by the Commission shall specify ths date by which lthe next application is due "
Q 76.36
"{ 76.36 Annual renewals Renewal of certificates.
"(a) After issuance by the Commission of.. the Corporation shall periodically file an annual application for renewal,.
Q 76.43
" 76.43 Annuel-dDate for decision."
76.45
"(a) Contents ofamendment application. In addition to the annual an application for eertifwetten renewal 'of a certificate submitted.
i
"(b) Director's decision. Upon receipt..the Director will, after appropriate review, issue a decision pursuant to subpart C of this part, except that Director's decisions on. applications for amendments will be effective upon issuance. l Such' decisions.will become. final as prescribed in Q 76.62(c) "
Q 76.55 "In any case in which the Corporation has timely filed a suflicient annual application for rene_wal of a certificate.. does not expire until the application for a certificate of compliance renewal has been finally determined.
76.60
"(a) The Corporation shall.
"(b) The Corporation shall not bs owned, controlled, or' dominated by an alien, a foreign corporation, or a foreign government.
"(c) Certification shall not be inimical to the maintenance of a reliable and economic source ofenrichment services.
"(bd) The Corporation shall.
USEC Comments on Enclosure NRC's Rulemaking Plan - USEC Privatization Act Page 2 of 3 o
Section #
Proposed Revision 10 CFR 76 (cont.)
% 76 60 (cont.)
"(ee) The Corporation shall comply with the applicable provisions of 10 CFR part 19, " Notices, Instructions and Reports To Workers: Inspection and Investigations l," ve;;h the fc!!cv.ing modifica:;cas.
(1) Civil penaltic'; may not be imposed en :he Corporation pursuant :c Sec.19.30 cf this chap;cr except4cr violations of See:ica 206 cf the Energy Recrganization Act.-
(2) The Corporation sha!! pos NRC Form 3 not la:cr than the daic of Dirce:cr's decision on the initial certificate of comp!!ance and/cr an initial plan for achievmg compliance, during the term ef the certif;cate and for 30 days fc!!cv.ing certifica:c terminatica r
"(df) The Corporation shall comply with the applicable provisions of 10 CFR part 20, " Standards For Protection Against Radiation " with-the follevving modifica::cas.
(1) Civil penalties may not be imposed on the Corpora:ica pursuant :c Sec. 20 2101 af thi>
chapter execp: for v;clat:cas of scetica 206 cf the Energy Reorganizatica Act.
(2) The Corpora::ca sha!! comply v.ith the requiremen:s in this par: no: later than the daic of the Direc:cr's decia;cn on the im:ial cenificate of compliance and/or as specified in an approved plan for achieving compliance.
"(eg) The Corporation shall comply with the applicable provisions of 10 CFR part 21, " Reporting of Defects and Noncompliance.," ve;;h the fc!!cveing modification *
(1) The Corpcatica sha!! comply. ith the requirements in Secs. 2!.6 and-N 21 no: la:cr :han the4 ate of the Direc: cts decisica on :he initial certificate of compliance and/or an initial plan fer
-,,L*m..'..,,m_1*.mm uv a u w v i n s5 'v'" F'3"6 5 -
(2) Under Sec. 21.31, procurcmen'. dccuments issued by the Corporation after it :;ubmits the initiakpplica:ica for a cenificate of compliance must specify that the provision; cf 10 CFR part
,,_m..t.
4s uyyg.
"(fh) The Corporation shall.
"(gi) The Corporation shall.
"(hj) The Corporation shall.
"(ik) The Corporation chall comply with the applicable provisions of 10 CFR part 95, " Security Facility Approval and Safeguarding of National Security Information and Restricted Data," as specified in subpart E to this part! provided, hovvever, that civil penalties sha!! not be insposed on the Corpora:ica pursuant :c Sec. 95 61 cf thi; chapter except for v;claticas of Sectica 206 cf the Energy Reorganizatica Act."
@ 76.66
"(c)If the Corporation does not submit an annual a timely rerz,al application under s 76.376.. "
USEC Comments on Enclosure NRC's Rulemaking Plan - USEC Privatization Act Page 3 of 3 Section #
Proposed Revision 10 CFR 76 (cont.)
76.72
"(d) The procedures set forth in 10 CFR 2.205, and in 10 CFR part 2, subpart G. will be applied in connection with NRC action to impose a civil penalty pursuant :0 Sectica 206 cf the Energy Recrganizauon Act of 1971 and the imp!cmenting regulations in 10 CFR part 21 (Reporting of Defects and Noncomplianec), as-euthorized by See:icn 1312(c) cf the Atomic Energy Ac: cf 1954, a'; amended,"
Q 76.131
"(b) The Commission may obtain a court order for the payment of a civil penalty imposed under Section 1312(c) of the Atomic Energy Act of 1954, as amended, and Sectica 206 cf the Energy Recrganizatica Act of 1974, as amended, and for a v:clation of Secuca 206 cf the Energy Recrganizatica Act of 1974, as amended. 234 of the Atomic Energy' Act:
(1) For violations of any licensing o'r certification provision of:
- (i) Sections 53, 57, 62,63, 81, 82,.101,103,104,- 107,' 109, or 1701 ;of the Atomic Energy Act of 1954,-as amended, (ii) Section 206 of the Energy. Reorganization Act;
- (iii) Any rule, regulation, or order issued pursuant to the sections specified in paragraph 4
(b)(1)(i)'of this section; (iv) Any term, condition, or limitation of any license or certificate' issued under the sections specified. in paragraph (b)(1)(i) of this section.
(2) For any violation for which a license may be revoked under section' 186 of the Atomic Energy 'Act of1954, as amended.
10 CFR PART 70
<a G 70.4
" Uranium enrichmentfacility means:
(1) Any facility used for separating the isotopes of uranium or enriching uranium i.' the isotope 235 including a facility using atomic vapor laser isotope separatiorhechnology except.
10 CFR PART 40
% 40.4
" Uranium enrichmentfacility means:
(1) Any facility used for separating the irotopes of uranium or enriching uranit m in the isotope 235 including a facility using atomic vapor laser isotope separation technology except.