ML20137B264

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Forwards Info Requested by Committee on Electric Util Deregulation & Restructuring & Clarifies NRC Position on Few Specific Issues
ML20137B264
Person / Time
Site: Maine Yankee
Issue date: 03/11/1997
From: Miller H
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Carey R, Kenneth Jones
HOUSE OF REP., SENATE
References
NUDOCS 9703210244
Download: ML20137B264 (12)
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Text

{{#Wiki_filter:_. -_7_ -_..m = sang 4 fg UNITED STATES E NUCt. EAR REGULATORY COMMISSION a 3 ij REGloN I 475 ALLENDALE ROAD i % ' " * *,o KING oF PRU$stA, PENNSYLVANIA 194041415 j March 11, 1997 i [I Honorable Richard J. Carey, Senate Chair i Honorable Kyle W. Jones, House Chair 1 Joint Standing Committee on Utilities and Energy 118 Maine Legislature ] c/o Jon Clark 13 State House Station i Augusta, Maine 04333-0013 4

Dear Senator Carey and Representative Jones:

2 Thank you for providing us the opportunity to address your Committee on the important issues involving the Maine Yankee Atomic Power Station. This letter forwards information requested by the Committee on electric utility deregulation and restructuring and clarifies l NRC's position on a few specific issues, t ) During the Committee meeting, Representative Charles LaVerdiere requested information regarding activities undereay or being considered by the NRC in response to current trends i in restructuring and deregulation. I have enclosed a draft Commission policy statement on i " restructuring and economic deregulation of the electric utility industry." This draft policy j statement was published for public comment on September 23,1995, and does not propose to revise existing Federal regulations. Also enclosed is a proposed regulation designed to assure that adequate funds are available for decommissioning nuclear power plants. The Commission published proposed amendment to its financial assurance I requirements for comment on April 8,1996, i On another note, I regret having to leave your Committee meeting prior to its conclusion. My staff has informed me that, after Ileft, certain statements were made to the Committee 4 by other speakers that may lead to misunderstandings about NRC positions or documents. For example, a speaker noted that NRC's Independent Safety Assessment Team (ISAT) 4 used the categories superior, good and acceptable to rate licensee performance. The speaker indicated that, using that standard, the licensee could not be rated lower than acceptable. The same categories are used by NRC in i+s Systematic Assessment of l Licensee Performance (SALP) process. Let me clarify that the use of these categories does not and would not preclude NRC from concluding that licensee performance is unacceptable or assuring operations cease where issues of safety significance arise. j Certain issues raised during the ISAT and in the ensuing months are matters of regulatory compliance that led to plant shutdown and have prevented restart. While not all violations require plant shutdown, some are of sufficient significance to warrant such action. 1 Enforcement actions for such violations have been and will continue to be handled using NRC's well defined policies and procedures. ~i . 1 \\ \\ 9703210244 970311 PDR ADOCK C5000309. kIlE%lIkII,5)l I Qf P PDR.

Honorable Richard J. Carey, Senate Chair 2 Honorable Kyle W. Jones, House Chair One speaker noted that four (out of forty) plant systems were inspected by the ISAT and 3,200 deficiencies were found in examining those systems alone. Let me clarify that the 3,200 issues referred to in the ISAT report represented the total list of issues previously identified by the licensee. It included outstanding issues in all systems within the plant. Both plant equipment and process related issues are included. As Iindicated in my remarks before your Committee, Maine Yankee needs to continue strengthening problem identification and corrective action processes. Realistically, the number of open or backlogged issues may increase during this discovery process. This will be an area of emphasis in inspections we are conducting at the facility. A specialinspection of the licensee's corrective action program and review rnaintenance and engineering backlogs I was completed in February 1997. The results will be reported in NRC Inspection Report 97-01. Another speaker stated that numerous misrepresentations were made by the NRC and the State to the Committee during the meeting. As evidence, the speaker noted that Maine Yankee claimed to have discovered the cable separation problem and the NRC did not contest that claim. The speaker implied that the specific problems with cable separation at Maine Yankee have been known for years and were not licensee identified. As evidence, he referred to draft notes dated March 1,1978, from an NRC audit that focused on the fire protection aspects of cable separation. The recent deficiencies identified by the licensee involve errors in the routing of specific cables. It is our understanding that these specific deficiencies were only recently identified by the licensee in pursuing broader issues arising from the ISAT. While these specific issues were not identified until recently, as a general matter, cable separation has been an issue since initiallicensing of the plant, it has been an issue in the sense that NRC l regulations and applicable codes and standards require appropriate separation of redundant equipment and cable at all nuclear power plants. This concern was reinforced as a result of a fire at the Brown's Ferry Nuclear Plant in 1975. The 1978 NRC audit at Maine Yankee was similar to those performed at virtually all plants at that time to identify fire related vulnerabilities following' the Browns Ferry incident. Subsequently NRC changed its regulation to require plant modifications. Some modifications were made at Maine Yankee. We are reviewing the record to confirm that the issues raised in the draft notes from 1978 were appropriately addressed. As discussed in our meeting, the Maine Yankee plant will restart only after these electrical issues and other issues identified in the Confirmatory Action Letter of January 30,1997, have been resolved by the licensee. NRC will continue to oversee corrections being taken through a special agency process defined in NRC Manual Chapter 0350, " Staff Guidelines for Approving Restart". This restart process is open to the public. NRC reports are placed in the public document room, the Wiscasset Public Library, and on the NRC's We5 site (www.nrc. gov /opa/ reports). In addition, significant meetings will be open for public observation and comment.

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1, 1 Honorable Richard J. Carey, Senate Chair 3 l Honorable Kyle W. Jones, House Chair 4 I trust Representative LaVerdiere and other members of the Committee will find this information useful. As indicated in the Committee meeting, NRC will continue to i vigorously assess the equipment and activities at the Maine Yankee Station to ensure that, prior to restart, the staff has sufficient confidence that reasonable assurance regarding public health and safety exists. We remain fully committed to serving the needs of the State of Maine and your Committee. If you would like more information, please do not hesitate to contact our State 1.laison Officer, Mr. David Chawaga, at (610) 337 5246 or a me at (610) 337-5299. Sincerely, s i j Hu ert J. Miller Regional Adminis rator p 4

Enclosures:

As Stated i i cc w/ enclosure: l P. Wiley, Governor's Office J. Clark, Office of Policy and Legal Analysis U. Vanags, Maine State Planning Office C. Toppan, SLO, Department of Human Services P. Dostie, State Nuclear Safety inspector First Selectmen of Wiscasset W. Linnell, Maine Safe Energy l R. Shadis, Friends of the Coast P. Blanch H. Myers M. Sellman, President, Maine Yankee Atomic Power Company i 3 s 4 4 4 4 I k 6

1 i Honorable Richard J. Carey, Senate Chair 4 Honorable Kyle W. Jones, House Chair i i i Distribution w/ encl: s Region l Docket Room (with concurrences) Nuclear Safety Information Center (NSIC) l PUBl.lC j R. Conte, DRP 4 1 i Distribution (VIA E-MAIL): NRC Resido it inspector J. Wiggins, DRS R. Conte, DRP l H. Eichenholz DRP J, Zwofinski, NRR i E. Jordan, DEDO j W. Dean, OEDO S. Varga, NRR D. Dorman,' PM, NRR R. Correia, NRR D. Taylor, NRR l D. Screnci, PAO j N. Sheehan, PAO i R. Bangart, OSP l S. Droggitis, OSP j l DOCUMENT NAME: P:\\ maine \\U&E_mtg.ltr To receive a copy of tNo docu,nont, indicate in the box: "C' = Copy without attachment / enclosure

  • E* = Copy with attachment / enclosure 4
  • N* = No copy 0FFICE Rl/DRP lE NRR l

DEDO Rj/$ f / NAME RConte JZwolinski EJordan Van ( *4 HMiFW f/' DATE 03/11/97 03/ /97 03/ii /97 03/ rI/97 03/ /97 i 0FFICIAL RECORD COPY DP con 6A 1 1 i i J 1 4 4 ) 1

~ scLo$ME ~~ ~~~~ Federal Register / Vcl. 61. Ns.185 / Menday, Septembw 23, teve i rroposed Rules 49711 i payments that otherwise could be made reguladons under provisions 44 U.S.C. Regulat:rythamission Wuhington, under this put may be withhsid to b Chapter 35 and OMB number 0560-DC 20555, telephone (301) 415-1255.e- { extent provided forin part 12 of this 0125 has been assigned, mail RSWitarc. v; or, for the antitrust { title. (c) Any remedies permitted CCC Signed at Washington, DC, on September aspecu oms Matmut.Wilham 1 1f.1996. 1.ambe, tele one ( 1)415-1277 e-i under this part shall be in addition to srw a, webee, mall . gov. l ,any other remedy,l nmedies.or actions Adshfor.Farrri ServWpMy, SMstDtfARY DeF0RetATICsu including, but not limi:ed to crimina 1 for damages in favor of CCC.or the andW Embe VWdent, Coeunodsty Qedst Corporetion. I PurPoes i Unlied States, as may be permitted by (FR Doc. 96-2s264 Filed 6-16 4e; 8:sl eel ne purpou of this drah policy law. i { (d) Abunt a scheme or devios to ,w statement is to provide a discuulon of defeat b purpose of b program, when the NRC's conostas regarding the potential safetyimpacts on NRC ower j an owner loses controlof CRP acrup due to foreclosure and the new owner NUCLEAR REQULATORY metoe beensom muldag kom choows not to continue b contract COAMASSION economic dengulation and occording 1o $ 1410.51, refunds shall not restructuring of the electric uulity 10 CFR Part 80 Industry and the mans by which NRC be required hom any peticipant on b intends to addmss those concerns, nis contract. Desit Statement on tie draA policy statement neognises the (e) Crop insurance requirements in end Economie chanys that are caurring in the electric part 1405 of this chapter apply to all Cqr.of tie Electrio Utility utility industry and the importance acreage initially enrolled aher October industry thm changa may han for the NRC and 12.1994, as determined by the Deputy i j Administrator. Aotsscv: Nuclear Regulatory its limams.no NRC's principal (f) Land enrolled in CRP thall be Commission. mission is to agulate b Neuon's i civilian use of byproduct, ocurce, and i classified as cropland for 6 time ACTION:Dran Policy Statement requwt special nuclear matwials to ensure puiod enrolled in CRP and, aAn the for Public comment, i time pertod of enrollment, shall be adequate protecuon of the pubuc health j removed from such classi8 cation upon EleittARY: ne NRCla mking commnt and safety,to promote b coramon a b draA cawmat of pohey defenu and security, and to protect b a determination by the countfonger mgare[nts expectadons foi, and environmat. As put of carrying out 3 committee that such land no this mission, the NRC must monitor j meets the condidonsidenti8ed in put ad a proe its e ctor licenm activities and any changes in l 718 of this title. I "'Y by the State committee andeut$orizedrepond mons he an environent of mk licenm activities, as well as extunal (g) Research projects me be i reguladon toward greater competition. factors that may affect the ability of 1 I by the Deputy Administrator to addrus The NRC is concerned that rete ladividual Ucums a ufely opnaw defineri conservation or land use de lation and disaggmgedon ud decominia Ucawd pan j problems, water quabty issues, or mm ung fran various nnructurings pmducum incuiun, wildlife habitat. The rmarch projects involvin8 Power reactor licenms could IL Background must include objecuves that are have adverse effects on the protection of no electric utility industry is consistent with this part, involve land pubuc health and safety. entering a period of economic that otherwise meets required eligibility DAT38:De Pubbela invited io submit dmgulation and nstructuring which is criteria, provide bene 8dalinformadon comments on this dren Policy Statement latended to lead to incmaud on economically and environmentally by December 9,1996. Comments competidon in the industry. Incmasing sound agricultural practices, not nesind aAn this date will be competition may force integrated power adversely affect local agricultural considad if it is practical to do so, but swtems to separate (or "disaggregate") markets. and be conducted and assurance of considnedon cannot be tiielt s hus, ystems into funedonal areas. monitored by a bona fide remarch Sinn except as to comments received some licensees may divest

entity, on or before this date. On the basis of electrical pneration assets from the submitted comments, the transmiulon and distribuuon essets by

$ 1410.63 Permlealve unsa. Commission will determine whether to forming separate subsidiaries or even Unless otherwise speci8ed by the modify the draA Policy Statement before separate companies for gennedon. Deputy Administrator,no crops of any lasuing it in final form. Disaggmgetion may involve utility kind may be planted or harvested from Acoatsses: Mail comments to: restructuring, morpts, and corporate designated CRP acnage during the Seentary, U.S. Nuclear atory opin offs that lead to chanps in ownns contract period. Commission, Washington

20555, or operators oflicensed power ructors Attention: Docieting and Service and may cause some Ucenws,

,0,k'v $ N,'*h 7g,,,,,,, Branch. including owers, to cease being an DeUnr Comments to:11555 Rockville " electric utility" as defined in to CFR Pb,RochuleMa land,betwun 7:45 50.2.8 Such chanys may affect the gu e F As Io at concurrence of 6 NRCS at national. s.m. and 4:15 p.m.. ederal workdays. State, and locallents. Examine copies of comments received 'secues so.2 deem -decWe mW m "or $$'g,'".'E",",,,dNl

  • 1",d et: ne NRC Pubuc Document Room, g14to.es PeperwortiReductee Act 2120 L Street NW (Lower Level),

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ne Of8ce of Management and Budget FOR mmam #dmaT10N CONTACT: ',,f, "/ a has approved the informtion collection Robert S. Wood, Office of Nuclear uo e p h4 ainygeu.

cipew..nec eecsnc requinments contained in bse Rasetor Regulation, U.S. Nuclear ca u

gg qg 7 (( i licensing basis under which b NRC ' NRCissued an Ad=Infetratin lette on over the apareting lives of bir l criginally f:und a licenses to be fune 21.1996, that infirmed power indlitin. For example, rete deregulation Anancially guellSed to construct, ructor Ucensus of bli ongoing could crate situuons where a licenses operste or own it: pown plant, as wou nsponsibility to inform, and obtain that previously quell 8ed u an " electric as to accumulete adequate bde to advance approval from the NRC for any 4 ensure decommissioning et b end of changes that would constitute a transfer utlhty" undu to CFR 50.2 may, at some point. no longer qualify for such status. reactor life. of b license, diactly orindirecdy. At that point, b NRC may require Rate regulators have typkally allowed throu6 transfer of control of b NRC h licensees 16 submit proof pursuant to 10 i an electric utility to recover prudendy license to any pwoon pursuant to 10 CFR $0.33(f)(4) bt by remala i lacurnd costs of genuating. Cnt 50.80. Afs administrative letter j transmitting, and distribuung electric also aminded addruseos of bit Snancially quall8ed and will require t services. Consequendy,in 1944. the responsibility to assure that information them to meet b more stringent j NRCelirnineted Anandalquali8cedons regarding a licensee's hanciat a.,===tssioning beag usurance nquirements of to CFR 50.75 that are reviews at the operating Ucense stage for quali8 cations and decammluioning appucable to non electric utilldes. those licensees that met the deanluon of funding amurance which may have a " electric uulity"in to Cnt 50.2 (49 FR eigni8 cant implication for public beelth Although new and unique i j 35747; Sept.12.1984). N NRC based and safety is promptly reported to the restmcturing proposals will necessarily this decision on the suumpdon bt NRC. involve ad hoc reviews by b NRC, the j

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III F*licT 8888 ment 8 i needed for safe operadon will be made.. oversight of euch reviews to maintala i evellable to regulated electric uulides b NRCla concerned with the consistent NRC policy toward new i (49 FR at 35750). However, the NRC Po enualimpact of utility restructuring entitles no NRC has considesed I recognised that Anancial queuficadona on pubuc health and safety. N NRC mergere, the formadon of holding i reviews for operating licenu applicants has not found a consistent reladonship compania, and the outright sales of i might be appropriate in puticular casa betwwn a licanm's Snandal health indlides. or portions of facilities, to whm, for example. "b local public and genalindicators of safety such as aquire NRC notlacadon and prior uuuty commission will not allow the the NRC's Systemade Asussment of approvalin accordance with to CFR i total cost of operaung b facility to be 1.icensee Performance (SA1.P). Thus, the 50.80 in order to ensure that the i recovered through rates"(49 FR at NRChas tredidonally relied on its transfme is appropriately qualined. For i 35751). The Commission also has inspection process to indicate when example, b NRC determines whether i expressed potenual concern with "f*ty Performance has begun to show the surviving organlaation will remain j various State proposals to implement advuu tands. Based on inspection an " electric utthty" as deAned in to i economic performance incenuve Prograin,resulu, the NRCcan take CFR 50.2. Pro 5 runs.: a propnete action, including, 1 la its t988 decommissioning rule, the u timately laat shutdown, to protect la considereuon of these concerns. { NRC again disunguished betwun Pubuch and safety. However. lf a g, gg g g l ad rutru P antis rmanendy shut down, that evolve n% ude W electric udlides and other licenwes by i allowin " electric utilities"to P at's cenam(s) may no longer have e NRC will take all l g g, acce od n um r er { accumu sto funds for decommissioning ,PP$on to rotect the ,iu th and safety over the remaining terms of their ( of M ublIt and, to the extent ofits operating licenses. NRC auons b faciuty. If nw deguladon and P organizauonal divestiture occur - etstutory mandate, to ensure I added ex ep on of St and e eral concurnatly with b shutdown of a consistency with Fedwal andtrust laws. I vernment licensees of certain nuclear plant either by NRC sedon or by & NRCintends toimplement cilides) to provide fundin a licensee's economic dedston, bt polides and take aedon as described in for the full utimated cost of assurance heenm may not be able to provide this policy statement to ensun that its decomrnissioning, either through full adeguate assurance of de:ommissioning power reactor licensees remain up front funding or by some allowable fun s.ms, the NRC believes that its responsible for safe operations and guarantee or surety mechanism. concuns with deguladon and decommissioning. In summary.the NRC A discussion of the current and futun astructuring lie primarily in the arm of will: i NRC mview process will be contained adequacy of decomminioning funds. i in two Standard Review Plans that the aleough the also concerned wie the (1) Continue to conduct its Anancial NRC lans to issue-one for Saancial Pdudal effect est ecommnic (uallScadons, decommissioning i qualikcadons and decommissioningmgulada may han on opwadonal ding and anutrust reviews as decribed in b Standard Review Plans i funding assurance reviews and the other NI'he electric utility ladustry moves being developed la conce for antitrust nyiews. In addidon, the t from an environment of substandal Policy statement; i unio"ns'*.*fYny [rN economic reguladon to one ofincreamd (2) Identify all.ownm, indirect as tac 1k.d.e wteta a. menins of ei.N$. m competidon, the NRC is concerned . well as dind, of nuclear power plants: twi cssc outny.-- about the pace of restructuring and rete (3) Estabush and maintain staff level as= roume ser.ty imp eis etse uc deguladon. Approval of organizational working reladonships with State and j, Performnsace recentives FinalPelley $seternest,(se and nte dMeguladon changM maypedml nk regulators *' j FR m40 July 24. tse 1. lor the MtC s cenam* occuris idl A Nn'd)$[nd pkrYE.N*d.N"a.i knov.le[ge, bwithout the NRC's 4 e pace and degrw of such (4) Evaluate b nledve sietu instnuted stany of these programs as a mesas changes Could affect the factual MSPonsibilides of power p ant co- } . eu mpos.i.evic vutinn i. i .i.ctne undupi of 6 NRC's previous owners /co licensus and "EO"$."r'"Ei,N.$c'iieN.$NoQ cnclusius at poww mactor Ucensus (5) Rwvaluate its muladons for delt performase incennn prosrerne.litrierety in y 6. can reliably accumulate adequate funds adequacy to address changes resulting replaced by Mi e arhi competata.e. for operations and decommfuloning from rate dmguladon. i t i

m uulum.NAMbwWinELJ uEUU fy,lanum Related to itsetructurtag and all: wing edequate ape:ditune for other than to determine that such Econ:mic Dereguloden of the Electric nucjur plant safety as electric uulides licensees, la fact, remain " electric Uutity ladustry feca deguladon, the NRC intends to utilities." H wever,the NRC is The NRC believes thatits agulatory take a number of actions to increase evaluatin b need to dmlop framework is generally sufScient I coo redon with State and Federal tete addidona requinments to ensure address many of the retructurings and and Anandalregulators to promote against potenual djtudon of capability dial ,,,,fregulation or obt actions bte and mutmf u b poutbility of for safe o don and daea==issioning norganisations that willlikely arise as that ecul se trom rete dereguladon a neult of electric utility deregulation, In many instances the NRC e review would have an adverse safety impact. and restructurina. PmC*u wiu fouow the curwot We latend to work and consult with b Secdon 184 ofthe Atomic Energy Act tramework, or wiu otherwise follow State PUCs through the Nadonal and to CF1L 50.00 provide that no policies consistent with the NRC's Associadon ofitmeulato Utility license shall be transferred, directly or curnot regulations. However, the NRC CommisionmT( ARUC.and with ladinctly, through transfer of control of belleves theI wveral other policy lasues FERC and the Securities and Exchange the license, unless the Commission need to be further evaluated and opdone Commlulon (SEC)to coordinate consents in wiiting. N NRCintends to developed. brefore.this section utivida and uchange information. review transfon to detamine their addasses NRCpolicios with nopect Io D. Co owner Division of Responalhility tential impact on the li<ansee's ability electric utility nstructuring and to maintain adequate techalcal economic dmgulation both as thes* Many of b NRC's power reactor quallBendons and organiandonal control policies can be carried out under licensees own bit plants jointly with and authority over the indlity and to current regulations and as matters und*' obr.non.nlated organizations. provide adequate funds for safe consideration for further resoludon, Although some co owners may be only operation and decommissioning. Such authorised to posms b nuclear conant is clearly requind where a A. NRC Responsibilities vis.o.vis State facility and its nuclear material, and not corporate endty seek's to transfer a and Federo/ Economic Regulofors to operate it, the NRC views all co- !!anseit holds to e different cor rate owners as co licenms who are endty. See Lon1 ear Power Station. ' nit Island Lighting The NRC has recognized the primary role that Stste and Federal economic responsible for complying with the (shoreharo Nuc U terms of hit licenus. Pubuc Service

1) CL!-92-4. 35 NRC 89 (1992). The regulators serve in setting rates that Company ofIndiana. Inc. (Marble Miu NRC staff has advised licensees that include appropriate levels of funding for Nuclear Generating Stadon, Units 1 &

agency consent abould be sought and safe operation and decommissioning.

2) ALAB-459,7 NRC 179,200-201 obtained under $ 50.80 for the formadon For example, the preamble to the 1988 (1978). The NRC is concemed about b of a new holding company over an decommissioning rule stated:"The rule, effects on the eval! ability of operatingexisting licensee. Other types of and the NRC's implernentation ofit,dng does not deal with financial ratemel and decommissioning funds, and about transactions including those involving issues such as rate of fund collection.

b division of responsibility for transfers of operating subrity or procedures for fund collecdon. cost to operating and decommissioning funds. raponsibility to nun licensed when co owners Ale for bankruptcy or organizadons, have ban considmd by ratepayers, taxadon effects, equitability obrwise encounter Snancial the staff on a case by case basis to between early and 1ste ratepaym. dif5culty.8 The NRC is evaluating determine whebt $ 50.80 consent is accounting proceduns. ratepayer v esus courses of action to ensure that nquind. The NRC is evaluating what stockholder considerations. operating and decommissioning costs types of transim or restructurings responsiveness to chan similar concems' ' *.ge and other are paid by ownm. should be subject to 5 50.80 review. These matters are outside NRC's jurisdiction and m C. Financial Qualificofions Reviews Effective December 28,1995' ave been allorders proving $ 50.80 transfers b the responsibility of the State PUCs and The NRC believes that b existing afgned by the Director. Of5ce of Nuclear lthe Federal Energy Regulatory regulatory framework contained in a Commission) FIRC"(53 FR at 24038; i 50.33(f) and in the guidance in 10 CFR Ructor Regulation.The NRC staff will June 27,1988). part 50 appendix C.is genmlly inform the Commission of unique or Notwithstanding the primary role of sufficient at this tirne to provide unusual licensa restructuring actions. economic regulators in reth roatters, the reasonable assurance of b anancial D. Decommissioning runding Assurance NRC has authority under the Atomic quali8 cations of both electric utility and Compliance Reviews Energy Act of 1954. as amended. (AEA) non-electric utility applicants and The NRC believes that the existing to take actions that may affect a licensees under the various ownersh!P decommissioning funding assurance licenue's financial situation when thm arrangements of which the staffis provisions in $ 50.75 generally provide actions are warranted to protect public currently aware. Licensees that remain ' an adequate regulatory basis for new health and safety. To date. 6 NRC has " electric utilitin" will not be subject to licensees to provide reasonable found no signl5 cant instances whm NRC Anancial qual 18 cations nytow, State or Federal rate reguladoe has led assurance ofdecommissioning funds. However, to address this and obr to disallowance of funds for safety. jgcgdmg issues related to decommissioning I'""" related operational and decommissioning expenses. Some rete er exwr power pleess ud wbe eied ande, funding assurance in anticipation of rete chape, u of the U.s. Butrvpte, code. Putne dmgulation, the NRC published an ngulators may have chown to nduce Servles Campuy of New Hampdire (P$NHL e co-advance nollCe of proposed rulemaking allowable proSt margins through rate Q**e, *,poraior of U pu,,e (ANPR)(61 FR 15427; April 8.1996). d See disallowances, or licensees have for p gpg p, other reasons encountered Snancial v.,4, fwe.,4 c.j,, n,,,$, p,,,, c p,euve E.Mirust Reviews (csiun a comer of the River Send plasi. Sosa difBculty. P5NH and IPEC coeus d their pro reis The NRC must be able to accurately In order for the NRC to make its safety ***' M, Q ' L, m p, icy c,P"'" g g,,, identify all ownm ofits licensees to y, views known and to encourage rate ,ue...v4 ,,,f meaningfully assess whether there have regulators to continue bit practice of receeins in eensivpicy. been "significant changes" since the l I t

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rO yi' Y s 49714 Federal Register / Vo!, $1. No.145 7 Mauey. Septembet 23,1996 /A.M Reiss h l licensing reviews. N NRC anticipet,se wiD nd hanJoosen tode %. > f* Wad to anow laterested persona i that competiljve reviews of er b next FedWorld sptase., aa,.* m adottkaal thms tesemit =am=ots to 5 to 10 years will arise primarily fnan if you amiut FedWorld mains Telnet. FDA on the proposed regulations. changes in matrol of licensed ferilities wiD see ths NBCaires and aseman,A Mn Wh MMb hY W regulatory review ad 4A6a the Itales Massa. AEcsWi,n j- ,, u,,. r 4

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==ts and leave massage, you wiD ADong$sts:.'Sulxnit writtee comments CFR 50.80 wiU be used to detmnine whether new owners or opentors will act be able to wdte -* ar upload to & Dockets Managemoni Bnnch {HFA 005), Food and Dms ) be subject to an NRC signiacant change Alee (canments). If you ocastad review with respect to antitrust matters. FedWorld using FTP, all Eles can be. Mmf ahdon,12420 Parklawn Dr Doctronic Acteu acxmued and downicoded but uploads nn.1-as, Rockville, MD 20837, are not allowed; aD wiU see is a iner Comments may be submitted of ales without ces (normaj Fca mumFCMADON CCMA@ electronicaUy,in elbr ASCD text or Copherlook). An ale listing all - Carolyn W. Miles, Center for Food j, hise within a subdirecta Safety and Applied Nutrition (HFs-a Wordperfect format (venion 5.1 or later), by calling the NRC electrale descriptions, is available.y, wtth - Wreis a 15 456),200 C St.SW., Washington, DC Bulletin Board (BBS) on FedWorld.W minuts time limit for FIP urama. 20204,202-401-9658, bulletin board may be accessed by using Although FedWceld can also be ,,,pon g a y, g a nalco uter, a modem, and one accessed through the Wctld Wide Web, Federal Register of July 9' 1996 (61 FR o the comm y available Ib FIP that mode caly dee w r===

  • FDhand a mise usinfant fomm[mP **d a u communications softwam packa[,or for downloa alas an does not mguladons 2 directly via Internet. Beck display the Rules Manu.

documents on the dran pohun For more inf establish mquimnents fu qualhy are also available, as practic1a, stat'ement boards call Mr.qmatim cm NRC buDetin '"#'"'e and current good manufacturing s ArthurDevis, Systems ' for j downloading and viewing on the Integration and Development Branch. Izectica (CCMP); to amend its bulletin board. NRC, Washingtm, DC 20555, telephone requimnents m quality control J If using a personal com uter and (301) 415-5780; e-mail AXD30nrc. gov. Procedures, notificatim, and records 4 4 modem, the NRC Rulema subsystem Deted at RociviDe, Maryland, this f ath day and r[eto require that infant form contain, and b tested for, ) on FedWorld can be acces directly et September toes. i by dialing the toll free number (800) FJr the NucleelRegulatory Commtaston. cerisin nutrients, be tasted im any .i 303-9672. Communication software nutrients added by the manufacturer 4 W C, BW throughout their shelf life, and be parameters should be set as follows: p.,.,,,, % Ir. arity to none, data bits to 8' and stop producmd undar strict microbiological 96-2427sF h M M M its to 1 (N,8,1). Using ANSl or VT-100 matrols; to require that manufacturers q h',? terminal emulation, the NRC

  • CC** * *

implement the CCMP and quality I' V Rulemaking subsystem can then be control procedure requirements by accessed by selecting the " Rules Menu" establi=Mng a production and in procese option from the "NRC Main Menu." DEPARTMENT OF HEAlTN AMD coaao! system of their own design; and Many NRC subsystems and data bases HUMAN SERVICES k to implement cartain notiScatim also have a "Hel /Information Center" 4 option that is tal ored to the particular F 6d and % AMisW requirements in the Federal Food, Drug, and Cosmetic Act. Intemsted persons 4 3 subsystem. 21 CFR Parts 106 and 107 wem ginn until October 7,1996, to p The NRC subsystem on FedWorld can comment on the proposed rule. g also be accessed by a direct dial [ Docket No. 95N-0300) g F or ,(703) 3 - 9, or by ensi e of the mment peM m us MM F uaing Telnet via Internet: fedworld. gov. Curnnt Good Manufacturirg Practboe, Q

  • S ad l

can If using (703) 321-3339 to contact Quanty Control Proceduros, Quanty omstdendon, mA has decided to FedWorld, the NRC subsystom will be Factors, Molffication Requirements, extend the comment period to December accessed from the main FedWorld menu and Records and Reports, for the 6,1m M aDow addh um fw tha s by selecting the " Regulatory. Production ofinfant Formula; '"h*I"I" d ** ~"" " O' Government Administration and State Extension of Comment Period Systems," then selecting " Regulatory proposed revisions to its infant formula Information Mail." At that point, a A006cY: Food 'and Drug AdmInt<tration,, regulationa.. rnenu will be displayed that has an HHS. Interested persons may, on or before option "U.S. Nuclear Regulatmy ACDON: Proposed rule; extensim cf December 6,1996, submit to Dockets Commisalon" that will take you to the mmment period. Managanent Branch (address above) NRC Online main menu. N NRC written mmments regarding this Online area also can be accessed suwwm b Food and Dmg propcsal.Two los of any comments

  • ?,

directly by typing "/go nic" at a Ad minf stration (FD A) is extending to en to k submitted, except that FedWorld command line. If you aaess December 6,1996, the comment period individuals may submit one co y. NRC from FedWorld's main menu,you on the proposed rule thatpublished in Comets am a k idend$ed th b may return to FedWorld by selecting the the Federa2 Register of July 9,1996 (61 docket number found in bnclets in the " Return to FedWorld" option from the FR 38154). N documect proposed in NRC Online Malg Menu. However,if revise FDA's infant formula regulations. beeding of this document. Received you access NRC at FedWorld by using N agency is taking this action in c mments may b seen in 6e omce abon htween 9 a.m. and 4 p.m., NRC's toll free number, you will han response to a request for an extension of, Mmday through Fridsp the commant period. This exionsloo'is 'fg full access to all NRC systems, but you .] M

Federal Register / Vol. 61. No. 68 / Monday, April 8,1996 / Pro' posed Rules 15427 w ths

  • tovestigating or prosecuting entity has Acnom Advance notice of proposed defined as "eledric utilities" 8 under n

been talen. rulemaking. $ 50.2, to set aside funds annually ovsr. n (b) Offset.o. Ells may request o!Isets as the estimated life of the reactw for itil described in $ 3550.2t0 of subpart E of suusR RY: W Nuclear Regulatory e mmmtu!oning. We NRC provided. hr this part to collect amounts owed. Conunission is considering amending its more flexibility to lie electric utility k (i) Escrowfunds. At liquidation al] regulations relating to H nancial licensees than obr licensees because. funds held in escrow or unapplied assursace requirements for the electric utilities have existed in a highly, funds will be applied against the debt. decommissioning of nuclear power structund envirmnumt regulated by plants. Potential deregulation of the State public utility mmm61ma (PUCs). j 3650.253 Settlement of a detA try power generating industry has ceste 1 or b Federal ahry'." '- comprodes or ed)ustment. uncertainty with respect to whether Commiasion () to Compromise or adjustment offers may current NRC regulations concerning $ 50.75(e)(2), the NRC reqtdrte licensees be initiated by the debtor or by RilS. decommissioning funds and the other than electric.utilitin to set'aside ' ' ' luis will approve only those financial mebntarns will require a an aternal sinking fund ompled with; compromises and adjustments ht are modification to acrount for utility method or la=>**= b eny.. ,1 : ) in the best interest of the government. reorganizations not contemplated when.,nfun bh=]iowesp idth One.., ' qJ7 u y (a) Compromise. A compromise is an current finandal assurance . advent of ty!stinctiost agreement by RitS to release a debtor requirements were promulgated. htweeni K. -t from liability upon receipt of a speciSed Additionally, the NRC is mnatdaring ' other Ecensees wS1 Mct..S lump sum that Is less than the total . requiring power reactor limnsees to suminatsd. hs,.tlas s4 O ik'" ( amount due. periodically report on the status of their clarify the definition ofTelschic'g'- b (b) Adfustments. An adjustment is an decommissioning funds. Allowing and to requin'ndditicanal tarD4 hoe as -lMu. agreement by R11S to release a debtor credit for earnings on dammmtninni"? h Ecesese whoes 4"> from liability upon receipt of a reduced trust funds during extended storeGe Will - costs are nolooger th.'.Y' 7?k' amount paid as an initiallump sum and also be considered. This edvana not!'8 TypicaDy,powerimodar dd"i;- periodic additional payments over a of proposed rulemaking is issued to jt.c.am.nmwune,w h hingd,. A =7 W period of up to five years-invita public comment on issues niemal tmst or escodamoe' tsW/ Il d ~' l (c) Timing of offers. (1) For a pertaining to the form and content of the. are sonenved for da m==I=l=8C I 'iC ' settlement offer to be considered. NRC's nuclear power reactor activities.3 Under the Mnftion old.:.: Jf-secured debts must be fully matured decommissioning finandal assuranm , '. Nj requirements as they relate to electric '.uternal sinking fand. under the terms of the debt instrument Heimaw must occum a the khde estimstad tohsmoedeMau.JJ'Mg;' 4 - or must have been accelerated by RIIS. utility deregulation. (2) Unsecured debts owed after the s fadlities are %'y)thethes AdanW. cATIs: Submit comroents by June 24 de== t==6 t== b sale of the security pro y may be 1996. Comments recdved after this date Ahhough $50.y5{e)n3po C @*$ ^ =daly 88metde ev proposed for compror se or adjustment will be considered if it is practical to do s " ' 'I at any time. Debts that were never so, but the Commisalon is able to assure reactorlk= r toanesp c secured may be propceed for consideration only for mmments lettersofaodit,W,Z J. compromise or adjustment whan they received on or before this date. @povWe fundingW,M m - are due and payable. mm Mail mmments p b (d) liefenuon of security property. The . debtor may retain the security property Secretary of the Commission, U.S. mink fundymastedcf r -- N j if the compromise payment or the initial Nuclear Regulatary r%mmladon, Y tion. 5 t Washington, DC 20555-0001. Attention.. that an gibdric utility J. payment made as part of an adjustment Docketing and Service Braneh. Covernmergistensee 'g"k o!Ier is at least equal to the not recovery . Deliver comments to: 11555 Rockville adsurancoln the form ofa'

-q value, and it is in the best interest of the Pike, Rockville, Maryland, between 7
45 Intent indicating'that'deM eN'j.4;b ^

government to allow the debtor to retain aan. and 4:15 p.m. Federal woridays. ' N N'y~ the security property. - For information on submitting funds wfD be'obtained, t 5 3650.2M-3550.300 pteserved) comments electronicany, see the nedess1M**j i-m:nse vamy aneses' s=== eses * . Dated: March s,1996. discussion under Electronic Acrees in er ern=t e aN. .*7, lementary Information'Section.. con as es.cascay, the Sup[ne copies of mmments received th'"S "''"d b Inga scaulkstys, s >P"M 'h' ' ' h F y,x,, Acting Un der secretary. Rural Economk and. al The NRC Public Document Roorn,. *,78 ie i Community Dnelop" 2120 0 Street NW. (Lower Levelh - i' M Miarses essas ' Wg. [FR Doc. 96-6492 Filed 4-5-06; 8.45 aml Washington,DC. " #

  • -,IM "a3 lth *.

FoR FURTHEiONFCAssAT1001 CONTAdTt @ bssrdad, e sewa ecos seem M-Brian J. Richter, Oi!1ce of Nuclear (-t ; ' weate w y-Regulatory Research,-1,l.S. Noclear2., ,#'"u 6s g ~ s NUCLEAR REGULATORY Regulatory CommW Washingion..- a "d JW COMMISSA. e221, e-mail b)tonrc, gov, ;; L.;a .q '*" *L af . DC 20555-0001,ttdephone,(3N 4%5L - QK . P.na.r. iso.tud --Q ".M .p/*- b-10 CFR Part 50 d 8U m .%,,e, w p ets,4, W, .s7"dh N i RIN 3150-AF41 .d 3 '- g,, 4,,,,,,, g!m e

Background

"3 c. Financial Assurance Requirements for Requirements pertaining to finkncial eaoada that deartyM f, Decommissioning Nuclear Power assurance for the decommisaloning of

    • b"

'**t N t jmsae muraum a'"xiumanet ~ Reactoes ,t.ma.=L bW ests's2ndeld be s.M. nuclear power readors are contained in, t tipulatedje AGENCY: Nuclear Regulatory - 5 50.75. under 5 50.75(e)(3), the NRC covw NRC.denEd Gah.bd y l 71. 4.p;Q,,p]" 3 ctets ha&sp,. N Commission. allows power reactor licensees, who are ' ay otbn purpcmew e' Q ;,f ? 2,- . 3 <. .. - %[. v),.G '.y ,I s r , Y/. r}'frg ?. ,e l* a ...a. w s

15428 Federal Register / Vol. 61.*No. 68 / Monday, April 8,1996 / Proposed Rules W:intsnt of 5 50.75 is to provide SpectAc Proposal source of operating, maint:nancs,and.. rmonable assurance that funds F1 C8P talimprovement funds should such _ 3 i decommissionin The Commission is considering when necessary.g will be availableThe inability of the amending $$ 50.2,50.75, and 50.82 to a nuclear generator decide to continue, 5 i licensee to provide funding for require that electric utility reactor operadons? What win be the sourm M 8 gjcensees provide suurance that the full funds to prematum and safely shut. decommissioning may adversely affect estimated cost of dammmf= toning will down an unecono eplant? Are, protection of ubbc health and safety. transmissim accus or o6er surchapj, I Also, a lack o decommissioning funds be available through an acco table tc, cover stranded costs likelyf guarantee mechanism if b censees ( is a financial risk to taxpayers (i.e.,if the are no longer subject to rate regulation 'C Nuclear Financia1 Qualiff<rtlone age ' licensee cannot pay for by'PUCs or FERC, and do not have a DicommluloningFunding Assurance 'a. mmissfor gtbill. yers would guaranteed source ofincome. W P"""'I' b

  • plants are shut.doGa#' M C.1. If nuclear mately pai in a related issue, w en the amendment would also allow licensees wiu U""**" whSo ~

8 Commission issued the to assume a positive real rate of return .N At g' can a g" Pass costs decommissioningrule theCommission on decommM=% funds during the i d P'I*'['_ _ mins funds?.e . I I '*

  • 4 believed that, for a regulated electric saf, storage pw3, L,gjy a pariodic m

- D-t av ' utility, an external reserve accoimt MPo 8' <. C2. At what pidat does se Y -t "t* hed. colleded over the estimated remaining a nuclear power plant cease to " utility".es definedin $ 50.2 elpap,, t reactor life would provide the necessary S ecificConsiderations P reasonable assurance. However, as a Advice and recommendations on a '.Es aguladonshP-@M. q f t conservatism built into the rule, the rule reDecting b foregoing - 3.Ilane utD NP9 decided not to allow licensees to h other pcInts cmsidend useu, including (imdag Ad r j c take credit for earnings on their trust pertinent are invited from all interested p eat 6e smaining and funds chile their reactors were in roadw is no reasons are particularly requested on'b [ setting State.or ..br.wg i persons.-Comments and supporting extended safe storage. Rather, the NRC foljowing questions arranged by topic: jp 7 - /t assumed that durin safe storage the rate be re of return on extern decommissioning q H be M

  • g4 trust funds would equal the A. Timing andExtent ofEfectric Wfify-mum operation.-

.r

  1. ==&>y

, M g L g decommissioning cost escalation rate.. Industrylyregulation appropriate to ' Thus, the after tax, after-inflation A.1.What is the bly timeta' le for-assurance forde',, Q b earnings rete effedively would be seri ' ndustry and de egulationf costsin full bN i 7 When thd NRCpromulgated the 1988 A.2. Will the el e utility industry,:. such decommissioning rule, it did not require go through several phases as itiisoponds pould the foem ofe g y .p licensees to report periodically on the .,,w to deregulation and der compbly ent m m -{MW, tive .q status of their decommisalor.ing funds. esrets-pressures? If so, wlaa d!! be' may occur in each - unlimdad - T,, NRC v ewed licenscuompliance with major changes in N6se strudme that r_ n the funding assursace twuirements as a remain regulated at"i se? Will ratas matter to be determined through the theretail W theNHC Wpire 7, .c inspection promas when naca==ry. distribution level, with dengulation assurancoforM .g A'so, the NRC recognized in the 1988 ocxLrring (or generation and. OPeradort and ,g de.ommissioning rub, the PUCs' and transmission? Will retail wheeling - . antidp%f1, f m,w_ FERC's authority to setrnnual become widerpeed and leed to

  • NRCrequge,,apj j y contribution rates to decommlutoni g deregulation or all sedbrs'of the ekctric ofcastain

,r funds and to establish investment and utility industry? Or will rates respals.. transfer of ,h other management criteria for the funds. regulated at the retail distribution la isl..*1P ant, that'aiewly , iI l 'fhe PUCs and FERC also actively with deregulatice oaurring within the,1er hording s'Ign s (c y _. p monitor these dommmissioning funds generation and transmission sectoret agr==it that p g as part of their rate regulatory What will bly be the final strudure of..for deco==l=fonings,rets-h- VE responsibility. Moreover, the Financial. ths electric utility industry, assuming with that fi>Nepowgr , %d either partial or full derogalation?

  • wtadd be theimped et.

not 4 Awounting Standards Board (FASB), a d@etagulation'Will they be able to.3. Some States s'ppea national organizatfoe that sets C4.Should E g r .a, hj_ _ q5 ,g accounting standards, recently initiated maintain their oI pdsitionif aefghb@oring Lesurena a review of reporting of 5 IM decommtulontag obligations on electric States ddtogulate? Whitt wD)be the p 4d'a==fa'W $q utility financial stataments. Ahhough ind structure If sognefstatine.V minhauniW w, FASB has not established a final *>. d to more thad othiers? Can a * 'S y d" system exik effe'divelyf..Q. ~. ar'other ham 4al 4' . standard,it appears that it willincrease "h Rh Part. the level of detail on power roedor m ' ' 1. Stmnded Costs. ".M T* N'N ;,would so 8 licensees

  • finandal statements. lf

' B.1. How 'will r=ti,e-dwii eFacI'g' .yh large baseloed yilanla that currently ' r ' A: ~ adopted, this standa'rd would bly give . ecetamdaite -- - - - _,, receive. rate raf to covar construction.'M'retn'aining J'diq the NRCand others additional, information on the status of.. _ W {I 1a goarmates that,, decommtmat fun's. However, the tmots or M - a portion yet to 6e phased availableJor advent of d tion, and .~ - eto the retus? Spac**Fy, whatis '"various !!n'aq"dal N oently ess oversight by FERC or the probability that and degree to which financiailnessurkirculdbii'?

d co by P malma it im tive that the

. these costs will beYecoverable should 6 and renscombid?M*Wh %

n. s, NRC have a sourm o infonnation to nuclear power plant b's deemed t'o be C5.Would PUCh'ind FERC

'L monitor the status of decommissiordog non-cornpetitive'because of hi ~ to certify that licenseea under ] funds. construction costs? What will the' jurisdictions,both eledric ~ ,. 6: 'R',. 3f' ' l., ' h1 i .QI [., .t l Y rg i j?

  • u

l Federcl Register / Vol. 61 No. 68 / Monday, April 8,1996 / Proposed Rules 15429 ~ ' I Part 50 licensees oder than electric financial assurance for Internet: fedworld. gov. If using (703) utilities, would be allowed to collect decommissioning is providedt 321--3339 to contact FedWorld, the NRC subsystem will be maessed from the ' sufficient revenues through rates to 8#"# M##"""l"I "I"8 PU8# main FedWorld menby selecting the complete decommissioning fundlagt Fun s ring afe tagePemd " Regulatory, Covernment C.6. What would be the impact if the NRC required licensees to accelerate E.1. What real rste(s) of return should Ariministration and State Systems," collection of decommisslocing funds the NRC allow licensees to use as credit then seloding " Regulatory Information f such that decommissioning funding for for earnings on the decommissioning Mall." At that point, a menu will be. all plants would be complete within to trust funds during the extended ufe displayed that has an option "U.S. years (or some other time period)? storege period? Nuclear Regulatory enmmf=fon" that C.7. Assume that licensees have E.2. What time period (s) should the will take you to the NRC Online main accumulated funds that are determined NRC allow licensees to use in estimating menu.ne NEC nnifn area also can be to be adequate based on current the cmdit for cam 6gs on the - accessed diredly by ' "/go nic".at estimates of decommissioning costs. If decommisaloning trust funds during the a FedWorld enmman . :1fyouacteu these estin.ates turn out to be low far in extended safe storage periodt NRC from FedV/orld'imain meau,you the future (for example,if final F. Reporting on the Status of may return to FedWerld by seloding the 'l dismantlement occurs aner a 50. year Decommissioning Funds "Reurn to FedWorld" option from ik. - NL MIna Main Menu. Ilowever,if safe storage period), hw will F.1 What information should the you acceu NRC at FedWorld usMg. underfunding be remedad? What NRC require to be included in the . NRC's toll-free number, you have measures should the NRC consider for Paiodk mpmting utremets? full access to all NRC symfama butyou. obtaining assurance of funds for such

  • N will not have saess to the main 1-situations? Should the NRC require M9u M I censee8 M MPmt e de status FedWorld rystem. - "

!arger contingency factors in estimates idecommissioning fundingt If you contad FedWorld usin" Telnet; ' to cover such situationst Preliminary views expressed in will see the NRC area and menus,,, C.8. Would it be feasible for the y u wil b ed ins nce o pay ano y or doments and Q menages,MM. decommiss ning funding shortfalls that udditional public comment in a e to de enes a upy ( n result from pmmatum connection with any p posed rule that Eles ( ts u matad decommissioning? Could such a pool be may be developed by e nmmt=f on. e FedWorld using , all fDes can'b"e. ;, --I and downloaded but.uploaA.'d,.* structured similarly to Nuclear Mutua) 1.imited (NML) and Nuclear Electric Electronic Aecess @g, g, Insurance 1.imited (NEIL), who Comments may be submitted . am not aDM Aa 7 of Eles wi6out ,p currently insure on. site property electronically,in either ASCH text or damage and replacement power of Wordperfect fc nat (version 5.1 or .Copherlook). An ,e.,; 'Mes wi&in a M, member utilities? later), by calf y 4e NRC Electronic j d**d dmeS avh. j P C.9. If PUC or FERC oversight is either Bulletin Scm m.,5) on FedWorld.He minute time limitloc substantiall limited or eliminated, an bulletin board may be accessed using a A16WedWoM there any other options for financial personal computer;a modem, and one ' ""I O'"8h O* EN - + assurance of decommissioning that the of the commonly available ea mode y NRC should consider 7 communications software packa or. D. Decemmiasioning Funding Assurance f** 9g g lay the,NRC Rulais Sha W and a FederalGovernment fJcensee more camation g gy g g,, - Covernment licensee need only provide if using a personalcomputer and '. glattion and Developnie. t Brandg D.1. Section 50.75(e)(3)(iv) provides as practical, for downloading and n that an electric utility which is a Federal viewing on the bulletin board. (301)(1 b6 @ %, (W"D*"* DC 2M 4 assurance in the form of a statement of modem, the NRC rutam=Wno subsystem - pggy ~ '[7-M M-intent indicating that decommissioning on FedWorld can be accessed directly ~ funds will be obtained when necessary. 3y chaling the toD free number 1.(800) N AND. Since a Feders) utility licensee will 303-9672. Communhtion software, ' y gg.y , t. 2 likely be confronted with many oithe parameters should be set as follows: s-, same new competitive pressures as non. parity to none, data bits td 8, and stop :. Isoltith6.,ritycita

iA Federal utilities, the question arises. -

bits to 1 (N,8,1). Using ANSI or VI'-100r continues toteed'ad, . should the regulations continue to terminal emulation,the NRC '<[ g. permit the provision of a statement of rulemaling subsystem can then be... ' is2ltss,

Ise, 7

Intent as the method by which these accessed by seloding the " Rules Menu 954 ^ p .?. l-

  • dcensees provide finandal assurance im ' option from the "NRC Main Mena.".3,T (4a,os3, 334,as ptar.

.l decommissioning. bre is, for example. Users will find th{"fydWorld Online.f 21:2;213a,the, no Federal law which clearly provides ~ User's Culdes" particularly helpful."l7 -223a,224 22s2 -r -. a ms and data baseW 202c206, sa Stat.1M2, that the Federal Government would pay Man" NRC j ihe Tennessee Valley Authority's also bve a "He ormation Center. 1sW42 m Wsac f.nancial decommissioning obugations ' option that is to the particular [ . %q g ,o shdd TVA be unab! to do so. Does subsystem. Pa. t 102% sec. 29o2.% f* onFedWorld an this ta-t or any other fadors militate for ne NRC a direct dial phone' ; u,3,c 53333 Sect 5on56.trolsutasecd. I a,7 or against allowing Federal utility also be accessed 142 U.S.c 2131,'r23$litec. iD2.P4 StT licensees tc continue to use statements number fo* the main FedWorld BBS. 190, e3 Stat. 653 (42 U.S.4,443213a**Y ofintent as the method by which (70M 321-3339, or by using Telnet via ci % & Q Q&?)) n. a ..x.r.%q f- ,~. ' ,.. 4 ?,'. [f( ' ......,n -,W, yl.s l, J

h f5130 Federal Register / Vol. 61, No. 68 / Monday, April 8,1996 / Proposed Rules I i

;.(

50.13, so.54(ddl, and 50.1o3 also inued FAA is thersfors allowing additional pro osal will b2 filed in the Rules' NI , undrr sec.108. 68 Stat. 939, as amended (42 time for the public to cornment and is Doc et. U.S.C 213s1. Sections 50.23.50.35,So.55-ac i republishing the AD without change. Commenters wishing the FAA to s n' The proposed actions are intended to acknowledge receipt of their mmenants. -- in, ( .C25 ons 50 3 5 prevent crankshah failure, which can submitted in response to this notice crj end Appendix Q also issued 'under sec, to2"). result in engine failure, propeUer must submit a self-addnseed, stamped Q Pub. L 91-190. 83 Stel 853 (42 U.S.C 4332 separation, forced landing, and possible Postcard on which the following ' cr i Sections 50.34 and 50.54 also isrued under' sec. 204,88 Stat.1245 (42 U.S.C 5844). damage to the aircaft. statement is made: " Comments to se Sections So 58,50.91, and 50.92 also lasued et No. 94-M." no W o; ! DATES: will be date stamped and returned fT th:e,".O 1 N under Pub. L 97-415,96 Stat. 2073 (42 Comments must be received by tt U.S.C 2239). Section 50.78 also issued under June 7,1996* 4 commenter. ' 4

  • I*,1 at i

sec.122,68 Stat. 939 (4 2 U'.S.C 2152). ADORE 85Es: Submit comments in

t. * '. c. $

ir. j Sections 50.80 and 50.81 also issued under triplicate to the Federal Aviation Availability o(NFRMs . 1,',.. j - {i j sec.164,68 Stat. 954, as amended (4 2 U.S.C Administration (FAA), New England Any person may obtain a cop ~ of thiq% NPRM by submitting a request to the+*p'i ' 2234). Appendix F also issued under sec. Region, OfDce of the Assistant Chief y 187,68 Stat. 955 (42 U.S.C 22371 0 Counsel, Attention: Rules Docket No. PAA, New England on.Offios of theM, h h<' Dated et Rockville, Maryland, this 1st day 94-ANF,-44,12 New England Executive ~ Assistant Chief , Att#ticau?. *i of A ril,1996. Park, Burlington, MA 01803-5299. Rules Dociet No. 94-ANE-44/12Neir P For the Nuclear Regulatory t'ammission. Comments may be inspected at this Eagland Executive Park, BurlingtseW M6k Joba C Heyne,. location between 8:00 a.m. *and 4 01803-5290. ,-< '.$ xip t/ F ,(( ~ Secretaryofthe Commission. , p.m., Monda through Friday, ex On October 18,1993, the Cvil. pg, , ys.%.c. IFR Doc. 96-8599 Filed 4-5-96; 8.45 em] Federal boli ys. ,g ,W.n an.tseacoes n m. De service information referenmd in ,g M the proposed rule may be obtained from Aviation Authodty(CAM.'which1shr.p: lie t p Textron Lycoming,652 Oliver St., airworthinees authority of the United.,,p_

  • {

DEPARTMENT OF TRANSPORTATION Williamsport, PA 17701: telephone Kingdom, rem!ved a report aPiper,g.g 6 (717) 327-7080, fax (717) 327-7100. PA-28-161 aircraft, with a T $...g Federal Aviation Administration This information may be examined at Lycoming 0-320-03G reci g, a 14 CFR Part 39 the FAA, New England Region. OfBce of engine executed a formd.. g! 'j to. ,., ' i-j the Assistant Chief Counsel,12 New an aankahnh failure [ Docket No. 94-ANE-44) land Executive Park, Burlington, Pglier g Altworthiness Directives; Textron FoR FURTHER INFORMATION CONTACT'. Lycoming 235 Series,290 Series, and Raymond Reinhardt Aeros " g** * "'I . e; r "! m,h ]

  • j g L'*'-

=-- Certain 320 and 360 Series Engineer' New York Reciprocating Engines . Certification OfBee, FAA, Engine and., " ha bm i Ano#CY: Federal Aviation, U rec 581 1 Progressed through a subst ~' ,1 ACTION: Proposed rule; extension of telep one (516) 256-75'32, fax (516).. - Proportion of the emnkshall, 568-2716' i comment period. renyining unseparate(! - SUPPLDIENTARY #dFORMAT10NP failed as a result of '? suasMARY: his document extends the . LO: comment period for an earlier proposed Coments Invited cinching occurredia ahdit had p% oinvessi .,, _ ' N ] r.lsworthinese directive (AD), applicable Interested persons are Invited to period of servion/ At,thitGo(bf ahV1 $P j to all Textron Lycoming 235 Series and participate in the making of the. acddent the engine badopented 1d 290 Series, and cr.:tain 320 and 360 proposed rule by. submitting such 1,950 hours time iti servios 1

t * *.

series reciprocatino engines, that. written data, views, or arguments as otirhaul and had accum L 4[

  • proposed to requus in'tlal and they may desim. enmmun! cations hours 'nS since new ser ayerkid' 10; -

years. In addition,the Fedegal'AviaB "* ;['.- .~* repetitive inspectiou. ;.f the crankshaA, should identify the Rules Docket. Innrr diameter (IDITor corrosion and number and be submitted in triplicate to Admintau tion (FAA)hasredstjM' M j' s cacks, and replacement of cracked the addr.ss specified above. All' reporta of ten additional 1 %=ek V M N) h cranhhafts with a servimable part. In ' communications received on or before - 2 crecisorfailureta Jhecredsha addition, that AD proposed to rmit the closing date for mmments, spedfled behindthelropek(tflange ~ ' Ifjd. f cperation of engines with. hafts above, will be considered before taking Teitron L ~'

  • d'E th
    t am found to have corrosion pits but action on the proposed atle'. he due to crackhn!

<-kU 4 are free of creeks provided repetitive proposals contained ~ln this notice ntisy ~ pits In the a=nTahan

. -M '

'~ T iqspections are performed until the next be chan sngine overhaul or 5 years afta;the recei 'in Ifght of the comrbents ' CA, -fVI. , condition'ifnot,@6rejw in' crankshaft fa0 Initial ins' ection, whichever occurs Comments are specifically invited on in ' lahding, and poesth N p e failure, p'ropetter '!b C first, at which time crankshafts with - the over'all regulatorg, economic, i^. .fo corrosio2 pN but no cracks must be environmental, and energy aspects of.g- ', the aircraft. f.f:.3.C 4 replaced wbh wvimable cranhhafts. the proposed rule. All mmments. A proposal toamen. d ' t' Q

  • J Since 5.ublication of that proposal, the submitted will be avalfable, both bdore' ' Federal Aviation v

%y-ons S Fedtral Aviation Administration (FAA) and after the closing date for comments, part 39) to include an AD that .4 '~ bas received numerous comments on in the Rules Docket for examination by apply to Textron Lycoming 235 ? 'I ths proposed actions, and has interested persons. A report th'at. and 290 Series, and, ce'tain 320 and 360 eerles redprocatingengines'was ' g.n g r ,1 det:rmined there is a need to receive summarizes each FAA.public contacs pub!Ished in the Federal Register on M., #p - 4 mo o information from the public. ne concerned with the substance of this ,t . Nf.P. ...n ., q f.: w y s .m ;.5 f _}}

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