ML20136G463

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Comment Supporting Proposed Rules 10CFR2,40,70 & 76 Re USEC Privatization Act Certification & Licensing of Uranium Enrichment Facilities
ML20136G463
Person / Time
Site: Portsmouth Gaseous Diffusion Plant, Paducah Gaseous Diffusion Plant
Issue date: 03/14/1997
From: Woolley R
UNITED STATES ENRICHMENT CORP. (USEC)
To:
NRC OFFICE OF THE SECRETARY (SECY)
References
FRN-62FR6664, FRN-62FR6672, RULE-PR-2, RULE-PR-40, RULE-PR-70, RULE-PR-76 62FR6672-00001, 62FR6672-1, AF56-2-050, AF56-2-49, AF56-2-50, GDP-97-0030, GDP-97-30, NUDOCS 9703180046
Download: ML20136G463 (2)


Text

a FROM USEC 301-564-3210 1997,03-14 15:10

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Secretary SERIAL: GDP 97-0030 US Nuclear Regulatory Commission Washington, D.C. 20555-0001 Attention: Docketing and Service Branch Paducah Gaseous Diffusion Plant (PGDP)

Portsmouth Gaseous Diffusion Plant (PORTS)

Docket Nos. 70-7001 and 70-7002 USEC Comments on NRC Direct Final Rulemaking Regarding "USEC Privatization Act:

Certification and Licensing of Uranium Enrichment Facilities," 62 Fed. Reg 6667 (February 12,1997)

Dear Sir:

On behalf of the United States Enrichment Corporation (USEC), I am pleased to provide commeurs on the NRC's Direct Final Rulemaking implementing the USEC Privatization Act. USEC has no "significant adverse" comments that would, under the NRC's notice, warrant any delay in the effective date of the rule changes. Indeed, USEC supports the proposed rule changes and commends the NRC for its expeditious development of regulatory changes implementing the requirements of the USEC Privatization Act.

We have identified one provision of the Privatization Act that does not appear to have been incorporated into the language of the Direct Final Rule. The Energy Policy Act of 1992, among o things, added section 1701(c)(2) to the Atomic Energy Act (AEA) specifying that the NRC "in consultation with the Environmerd Protection Agency, shall review any.,

application [for a certificate of compliance)..." The NRC implemented this provision in 10 CFR 76.53, which mandates that the Director of NMSS " consult with" EPA and solicit EPA's written comm certification applications.

Section 3116 of the USEC Privatization Act, however, amends section 1701(c)(2) of the AEA eliminating the requirement for NRC consultation with EPA on the certificate of compliancej f

applications. As amended, section 1701(c)(2) simply states that the NRC "shall review any such Ig application..

" The Direct Final Rulemaking package does not explicitly address this aspect of theI Privatization Act.

9703180046 970314 PDR PR h/C) 2 62FR6672 PDR

o FROM USEC

.301-564-3210 1997.03-14 15:11

  1. 334 P.03/03 l.

i i

Docketing and Service Branch March 14,1997 GDP 97-0030 Page 2 4

l USEC does not object to, and indeed, encourages the NRC to consult with the EPA whenever the NRC determines such consultation would be appropriate and helpfbl. However, the regulation should be changed to reflect the changes to section 1701(c)(2). Deletion of 76.53 would implement the statutory change while maintainlyr, the NRC's discretion to consult with EPA as necessary.

We would be pleased to discuss this comment with you. Please contact me at (301) 564-3413 or Ms. Lisamarie Jarriel at (301) 564-3247.

. Sincerely, S. D Wo& &

i Robed L. Woolley Nuclear Regulatory Assurance and Policy Manager t

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