ML20137B264
| 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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- E a NUCt. EAR REGULATORY COMMISSION 3 ij REGloN I 475 ALLENDALE ROAD i KING oF PRU$stA, PENNSYLVANIA 194041415
% ' " * * ,o 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.
4 My staff has informed me that, after Ileft, certain statements were made to the Committee
- 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.
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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 l 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 l 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 a hesitate to contact our State 1.laison Officer, Mr. David Chawaga, at (610) 337 5246 or me at (610) 337-5299. Sincerely, s i j Hu ert J. Miller l 4 Regional Adminis rator p l
Enclosures:
As Stated l 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 ' l C. Toppan, SLO, Department of Human Services i 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 s Distribution w/ encl: Region l Docket Room (with concurrences) I
- Nuclear Safety Information Center (NSIC) l
- PUBl.lC j R. Conte, DRP 1
4 i Distribution (VIA E-MAIL): I
- 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 4 To receive a copy of tNo docu,nont, indicate in the box: "C' = Copy without attachment / enclosure *E* = Copy with attachment / enclosure
*N* = No copy 0FFICE Rl/DRP lE NRR l DEDO Rj/$ f / l
- NAME RConte JZwolinski EJordan Van ( *4 HMiF W f/'
- DATE 03/11/97 03/ /97 03/ii /97 03/ rI/97 03/ /97 i 0FFICIAL RECORD COPY DP I con 6A 1
1 i i J 1 4 4 ) 1
____ - _ _ _ - - - - - -- - - ~ scLo$ME ~~ ~~~~ i Federal Register / Vcl. 61. Ns.185 / Menday, Septembw 23, teve i rroposed Rules 49711 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. aspecu oms l (c) Any remedies permitted CCC Signed at Washington, DC, on September Matmut.Wilham 1 1f.1996. 1.ambe, tele one ( 1)415-1277 e-i under this part shall be in addition to mall srw a, webee, . gov. l including, but not l
- ,any limi
- edother to crimina remedy,l nmedies.or actions Adshfor.Farrri ServWpMy, SMstDtfARY DeF0RetATICsu 1 i
for damages in favor of CCC.or the andW Embe VWdent, Coeunodsty Qedst Corporetion. I PurPoes Unlied States, as may be permitted by i law. (FR Doc. 96-2s264 Filed 6-16 4e; 8:sl eel ne purpou of this drah policy
,w statement is to provide a discuulon of
{ (d) Abunt a scheme or devios to the NRC's conostas regarding the
- , defeat b purpose of b program, when j potential safetyimpacts on NRC ower an owner loses controlof CRP acrup NUCLEAR REQULATORY metoe beensom muldag kom due to foreclosure and the new owner economic dengulation and
! choows not to continue b contract COAMASSION
- 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 acreage initially enrolled aher October Cqr.of tie Electrio Utility utility industry and the importance i industry thm changa may han for the NRC and 12.1994, as determined by the Deputy l j Administrator. Aotsscv: Nuclear Regulatory its limams.no NRC's principal ' . Commission. mission is to agulate b Neuon's i (f) Land enrolled in CRP thall be civilian use of byproduct, ocurce, and I i classified as cropland for 6 time ACTION:Dran Policy Statement requwt
- puiod enrolled in CRP and, aAn the special nuclear matwials to ensure 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 3 a b draA cawmat of pohey defenu and security, and to protect b a determination bynothe countfonger environmat. As put of carrying out committee that such land mgare[nts expectadons foi, and this mission, the NRC must monitor j meets the condidonsidenti8ed in put ad a proe its e ctor
"'Y licenm activities and any changes in
. l 718 of this title. I licenm activities, as well as extunal i (g) Research projects me be 1 by the State committee andeut$orizedrepond mons reguladon toward greater he an environent competition. factors that ofmaymk affect the ability of 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 pubuc health and safety. no electric utility industry is . consistent with this part, involve land 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 monitored by a bona fide remarch Sinn except as to comments received hus, ystems into funedonal some licensees may divest areas. 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. kind may be planted or harvested from Disaggmgetion may involve utility Acoatsses: Mail comments to: restructuring, morpts, and corporate designated CRP acnage during the Seentary, U.S. Nuclear contract period. atory opin offs that lead to chanps in ownns 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 gu e F As Io at Pb,RochuleMa land,betwun 7:45 50.2.8 Such chanys may affect the s.m. and 4:15 p.m.. ederal workdays.
concurrence of 6 NRCS at national. State, and locallents. Examine copies of comments received 'secues so.2 deem -decWe mW m "or et: ne NRC Pubuc Document Room, *1",d g14to.es PeperwortiReductee Act 2120 L Street NW (Lower Level), $$'g,'".'E",",,,dNl , dir. coy w tadu cuy arough eca utmed try enigned numt>ere. Washington, DC. a ne Of8ce of Management and Budget FOR mmam #dmaT10N CONTACT: a. enmy lueua = w e =pete ros siwy has approved the informtion collection Robert S. Wood, Office of Nuclear ',,f, uo e "/ p h4 requinments contained in bse ainygeu. ;cipew..nec eecsnc 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 Anancially guellSed to construct, indlitin. For example, rete deregulation
- - ructor Ucensus of bli ongoing could crate situuons where a licenses operste or own it: pown plant, as wou nsponsibility to inform, and obtain 4 as to accumulete adequate bde to that previously quell 8ed u an " electric advance approval from the NRC for any ensure decommissioning et b end of changes that would constitute a transfer utlhty" undu to CFR 50.2 may, at some
- reactor life. point. no longer qualify for such status.
of b license, diactly orindirecdy. At that point, b NRC may require Rate regulators have typkally allowed throu6h transfer of control of b NRC i an electric utility to recover prudendy licensees 16 submit proof pursuant to 10 license to any pwoon pursuant to 10 i lacurnd costs of genuating. CFR $0.33(f)(4) bt by remala j Cnt 50.80. Afs administrative letter transmitting, and distribuung electric Snancially quall8ed and will require also aminded addruseos of bit 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 those licensees that met the deanluon of funding amurance which may have a appucable to non electric utilldes.
! " 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 s j *b rete process assures that bda 8 Ceauniselon wiu emcia erect i III F*licT 8888 ment oversight of euch reviews to maintala i needed for safe operadon will be made.. 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, la its t988 decommissioning rule, the u timately laat shutdown, to protect g,lagg considereuon of these concerns. 1 { NRC again disunguished betwun Pubuch and safety. However. lf a g g electric udlides and other licenwes by P l antis rmanendy shut down, that ad rutru i allowin " electric utilities"to Pl at's cenam(s) may no longer have evolve n% ude W g e NRC will take all { accumu sto funds for decommissioning acce od n um r er g, over the remaining terms of their (
,PP$on
,iu to rotect the th and safety operating licenses. NRC auons b faciuty. If nw deguladon and of M ublIt P and, to the extent ofits 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 nuclear plant either by NRC sedon or by
' vernment licensees of certain & 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 fun s.ms, the assurance of de:ommissioning NRC believes that its power reactor licensees remain up front funding or by some allowable responsible for safe operations and ! concuns with deguladon and guarantee or surety mechanism. decommissioning. In summary.the NRC i A discussion of the current and futun astructuring lie primarily in the arm of will: 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 i NRC lans to issue-one for Saancial Pdudal effect est ecommnic (uallScadons, decommissioning
; qualikcadons and decommissioning mgulada may han on opwadonal ding and anutrust reviews as i decribed in b Standard Review Plans funding for antitrustassurance reviews nyiews. In addidon, theand the other t NI'he electric utility ladustry moves being developed la conce from an environment of substandal Policy statement; i' economic reguladon to one ofincreamd (2) Identify all.ownm, indirect as unio"ns'*.*fYny [rN competidon, the NRC is concerned . well as dind, of nuclear power plants:
tac 1k.d.e wteta a. menins of ei.N$. m twi as= roume ser.ty imp eis etse cssc outny.-- uc about the pace of restructuring and rete (3) Estabush and maintain staff level j, deguladon. Approval of organizational working reladonships with State and Performnsace recentives FinalPelley FR m40 July 24. tse 1. lor the MtC s cenam* $seternest,(se and nte dMeguladon changM may j occuris idl pedml nk regulators *' A 4 Nn'd)$[nd pkrYE.N*d.N"a.i knov.le[ge, bwithout theand e pace NRC's 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 norganisations that willlikely arise as dial don and daea==issioning a neult of electric utility deregulation,
,,,,fregulation or obt actions bte andecul that mutmfse utrom b poutbility of for safe o rete dereguladon 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 The NRC has recognized the primary owners as co licenms who are Island Lighting role that Stste and Federal economic responsible for complying with the endty. (shoreharo SeeNucLon1 ear Power UStation. ' nit regulators serve in setting rates that terms of hit licenus. Pubuc Service 1) CL!-92-4. 35 NRC 89 (1992). The 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 For example, the preamble to the 1988 obtained under $ 50.80 for the formadon (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 does not thedeal NRC's implernentation with financial ratemel and ofit,dng decommissioning funds, and about transactions including those involving b division of responsibility for issues such as rate of fund collection. 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 between early and 1ste ratepaym. the staff on a case by case basis to dif5culty.8 The NRC is evaluating determine whebt $ 50.80 consent is accounting proceduns. ratepayer v esus courses of action to ensure that stockholder considerations. nquind. The NRC is evaluating what responsiveness to chan operating and decommissioning costs types of transim or restructurings 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 allorders the responsibility of the State PUCs and Effective proving $ December 50.80 transfers28,1995' b ave been The NRC believes that b existing afgned a by the Director. Of5ce of Nuclear lthe Federal Energy Regulatory regulatory framework contained in 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 to take actions that may affect a The NRC believes that the existing licensees under the various ownersh!P decommissioning funding assurance licenue's financial situation when thm arrangements of which the staffis actions are warranted to protect public provisions in $ 50.75 generally provide health and safety. To date. 6 NRC has currently aware. Licensees that remain ' an adequate regulatory basis for new
" 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. related operational and jgcgdmg , I'""" issues related to decommissioning 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-allowable proSt margins through rate d See advance nollCe of proposed rulemaking Q**e, *,poraior p gpg of Up,pu,,e (ANPR)(61 FR 15427; April 8.1996). disallowances, or licensees have for other reasons encountered Snancial v.,4, (csiun fwe .,4 of a comer c.j,, then,,,$, p,,,, plasi. River Send c p ,euve Sosa E.Mirust Reviews 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 y, identify all ownm ofits licensees to views known and to encourage rate ***'
,ue...v4 M , Q,,,f' L , m p, icy c,P"'"meaningfully g g ,,, assess whether there have regulators to continue bit practice of receeins in eensivpicy. been "significant changes" since the l
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s 49714 Federal Register / Vo!, $1. No.145 7 Mauey. Septembet 23,1996 /A.M Reiss l l licensing reviews. N NRC anticipet,se wiD nd hanJoosen tode %h. > . 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 W regulatory review ad 4A6a the Itales Massa. AEcsWi ,n Mn Wh MMb hY ,, u , , . r j-transfer of crotrol of licenees is y'cu wilde able to ' 4
*- \1g 3J. . . ,
o CFR 50.80 wiU be used to detmnine ==ts and leave massage, you wiD ADong$sts:.'Sulxnit writtee comments whether new owners or opentors will act be able to wdte -* ar upload to & Dockets Managemoni Bnnch be subject to an NRC signiacant change Alee (canments). If you ocastad * {HFA 005), Food and Dms -
)
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, Wordperfect format (venion 5.1 or hise within a subdirecta Safety and Applied Nutrition (HFs- a later), by calling the NRC electrale descriptions, is available.y, Wreis a 15 wtth456),200
- C St.SW., Washington, DC
! 20204,202-401-9658, Bulletin Board (BBS) on FedWorld.W minuts time limit for FIP urama. '
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=== ;
for downloa alas an does not
- FDhand a communications directly via Internet.softwam Beck packa[,or display the Rules Manu. mise usinfant fomm[mP mguladons 2**d au documents on the dran pohun For more inf establish mquimnents fu qualhy s are also available, as practic1a for boards call Mr.qmatim
, stat'ement ArthurDevis,cm NRC buDetin Systems ' '"#'"'e and current good manufacturing ,,
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 form f ath day and r[eto contain, and brequire that infant 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 W C, BW 4
%, parameters should be set as follows: p.,.,,,, % ,
- throughout their shelf life, and be Ir. arity to none, data bits to 8' and stop producmd undar strict microbiological its to 1 (N,8,1). Using ANSl or VT-100 96-2427sF h M M M matrols; to require that manufacturers q h' ,? terminal emulation, the NRC **
- CC** * *
implement the CCMP and quality V Rulemaking subsystem can then be control procedure requirements by I' 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 to implement cartain notiScatim k also have a "Hel /Information Center" requirements in the Federal Food, Drug, 4 option that is tal ored to the particular F 6d and % AMisW and Cosmetic Act. Intemsted persons 4 3 subsystem. wem ginn until October 7,1996, to '- 21 CFR Parts 106 and 107 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 MM ensi e of the mment peM m us F uaing Telnet via Internet: fedworld. gov. Curnnt Good Manufacturirg Practboe, Q If using (703) 321-3339 to contact Quanty Control Proceduros, Quanty *S lad can FedWorld, the NRC subsystom will be omstdendon, mA has decided to Factors, Molffication Requirements, . accessed from the main FedWorld menu and Records and Reports, for the extend the comment period to December s
,' by selecting the " Regulatory. Production ofinfant Formula; 6,1m M aDow addh um fw tha .
Government Administration and State Extension of Comment Period '"h*I"I" d ** ~"" " O' ' 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 may return to FedWorld by selecting the the Federa2 Register of July 9,1996 (61 Comets am a k idend$ed th b .
FR 38154). N documect proposed in docket number found in bnclets in the
" Return to FedWorld" option from the 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 NRC's toll free number, you will han abon htween 9 a.m. and 4 p.m., full access to all NRC systems, but you response the commant toperiod. a request for an extension of, Mmday through Fridsp This exionsloo'is
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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 been talen. rulemaking. $ 50.2, to set aside funds annually ovsr. n 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 comprodes or ed)ustment. or b Federal ahry' ." '- . . 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 l other than electric.utilitin to set'aside ' ' ' l luis will approve only those financial mebntarns will require a an aternal sinking fund ompled with; l 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 . u,nfun l (a) Compromise. A compromise is an bh=]iowesp idth One.., ' qJ7 y current finandal assurance . advent of agreement by RitS to release a debtor ty!stinctiost , ,
-t requirements were promulgated.
from liability upon receipt of a speciSed Additionally, the NRC is mnatdaring htweeni K.' "% i lump sum that Is less than the total . requiring power reactor limnsees to
' other Ecensees wS1 Mct..S 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 amount paid as an initiallump sum and also be considered. This edvana not!'8 th .'.Y' 7?k' periodic additional payments over a TypicaDy,powerimodar dd"i;- period of up to five years-of proposed rulemaking is issued to jt.c.am.nmwune,w h hingd,. A =7 W invita public comment on issues (c) Timing of offers. (1) For a niemal tmst or escodamoe' tsW/ Il d ~' l settlement offer to be considered. pertaining to the form and content of the . are sonenved for da m==I=l=8C I 'iC ' NRC's nuclear power reactor secured debts must be fully matured decommissioning finandal assuranm activities.3 Under the Mnftion old .: .: Jf-under the terms of the debt instrument
, '. Nj requirements as they relate to electricHeimaw ' .uternal sinking fand.
or must have been accelerated by RIIS. utility deregulation. must occum a the khde (2) Unsecured debts owed after the
, estimstad tohsmoedeMau.JJ'Mg;' 4 -
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 s fadlities are =daly %'y)thethes88metde ev AdanW. proposed for compror se or adjustment will be considered if it is practical to do Ahhough $50.y5{e)n3po s C"@*$ ' 'I ^ at any time. Debts that were never secured may be propceed for so, but the Commisalon consideration only for mmments is able to assure reactorlk= r toanesp c compromise or adjustment whan they lettersofaodit,W,Z J. received on or before this date. are due and payable. @povWe fundingW ,M m - (d) liefenuon of security property. The mm Mail mmments p b
. 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 payment made as part of an adjustment Washington, DC 20555-0001. Attention. . that an gibdric utility J.
Docketing and Service Braneh. . Covernmergistensee o!Ier is at least equal to the not recovery value, and it is in the best interest of the . Deliver comments to: 11555 Rockville adsurancoln the form ofa' 'g"k ;-q government to allow the debtor to retain Pike, Rockville, Maryland, between 7:45 Intent indicating'that'deM eN'j.4;b ^ aan. and 4:15 p.m. Federal woridays. funds wfD be'obtained, the security property. - For information on submitting comments electronicany, see the
' N N'y~ ,& ' t 5 3650.2M-3550.300 pteserved) -
i-m:nse vamy aneses' s=== eses
- discussion under Electronic Acrees in er ern=t e
. Dated: March s,1996.
Inga scaulkstys,
'-- lementary Information'Section. . con as es.cascay, nedess1M**j aN. .*7, s the Sup[ne copies of mmments received th'"Sh "''"d bF .- >P"M y,x,,
Acting Un der Community Dnelop" secretary. Rural Economk and . al The NRC Public Document Roorn,. . * ,78 ie i 'h' ' ' [FR Doc. 96-6492 Filed 4-5-06; 8.45 aml 2120 0 Street Washington,DC. " # NW. (Lower
*- ,IM Levelh'
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FoR Brian J. FURTHEiONFCAssAT1001 Richter, Oi!1ce of Nuclear (-t ; -
' weate w CONTAdTt @ bssrdad, y- e Regulatory Research,-1,l.S. Noclear2 ., ,#'"u s 6s .. g NUCLEAR REGULATORY Regulatory CommW Washingion..- "d COMMISSA.
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. DC 20555-0001,ttdephone,(3N 4%5L -
e221, e-mail b)tonrc, gov, ;; L .;am
'*" *L af " " QK b-10 CFR Part 50 ', .- .
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.q .na.r..%iso.tud ,,e, w p--Q ets,4, W, .M d.p/*-
RIN 3150-AF41
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.d 7"dh N i Financial Assurance Requirements for Background
- 3 '- ,,
g ,, 4,,, ,,,, g!m e "3 ,, c. Requirements pertaining to finkncial eaoada that deartyM f, Decommissioning Nuclear Power **b" '**t N assurance for the decommisaloning of jmsae muraum a'"xiumanet t Reactoes %- nuclear power readors are contained in, .
,t.ma.=L bW ests's2ndeld t
be s.M . tipulatedje
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AGENCY: Nuclear Regulatory - 5 50.75. under 5 50.75(e)(3), the NRC covw NRC.denEd Gah.bd 3 ctets ha&sp , . N Commission. allows power reactor licensees, who are ' ay otbn purpcmew y l 71. 4.p;Q,,p]"
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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 The Commission is considering C8Pi talimprovement funds should such _ - 3 decommissionin amending $$ 50.2,50.75, and 50.82 to a nuclear generator decide to continue , 5 i when necessary.g will be availableThe inability of the require that electric utility reactor operadons? What win be the sourm M 8 licensee to provide funding for 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. be available through an acco table I Also, a lack o decommissioning funds guarantee mechanism if b censees transmissim tc, cover stranded costsaccus likelyfor o6er surchapj( , 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 mmissfor gt guaranteed source ofincome. W
'a. .
mately pai bill . yers would C.1. If nuclear in a related issue, w en the amendment would also allow licensees P"""'I' b
- plants are shut.doGa#' M g" Pass wiu costsU""**" whSo ~
Commission issued the to assume a positive real rate of return 8 can a decommissioningrule theCommission on decommM=% funds during the * I '*
.N At g' i saf, storage pw3, L,gjy a pariodic d P'I*'['_
.*4 I
- believed that, for a regulated electric
' utility, an external reserve accoimt MPo 8'
- m
< . C2. At what pidat does se mins funds? av- D- .e t colleded over the estimated remaining "t* hed.
a nuclear power plant cease to Y -t t reactor life would provide the necessary SPecificConsiderations " utility".es definedin $ 50.2 elpap,, , reasonable assurance. However, as a Advice and recommendations on a '.Es aguladonshP-@M. f q conservatism built into the rule, the rule reDecting b foregoing
- 3.Ilane utD r t
NP9 decided not to allow licensees to take credit for earnings on their trust h other pcInts cmsidend pertinent are invited from all interested p eat 6e smaining and useu, including (imdag Ad - : j c roadw is no funds chile their reactors were in extended safe storage. Rather, the NRC persons.-Comments and supporting
. .br.wg %
i assumed that durin safe storage the rate of return on extern decommissioning reasons are particularly requested foljowing questions arranged by topic: jp be on'b [ setting State.or re q 7
- /t trust funds would equal the A. Timing andExtent ofEfectric Wfify- mum operation.- H be M
- g4 .r decommissioning cost escalation rate. . Industrylyregulation appropriate to #==&>yg ,L M -
g
' Thus, the after tax, after-inflation ' ,
A.1.What is the bly timeta'ble for- assurance forde' ,, ,,, Q earnings rete effedively would be seri 'industry and de egulationf costsin full bN 7 y When thd NRCpromulgated the 1988 A.2. Will the el e utility industry ,:. such g ' the foem ofe decommissioning rule, it did not require go through several phases as itiisoponds pould
.p
. ,,w licensees to report periodically on the tive ent m m -
to deregulation and der compbly esrets- ._ .q status of their decommisalor.ing funds. NRC v ewed licenscuompliance with pressures? If so, wlaa major changes in N6se strudme that the funding assursace twuirements as a may occur in each - d!! be'
-{MW, n
unlimdad - T ,, r_ . matter to be determined through the remain regulatedtheretail at"i se? Will .; ratasW theNHC Wpire 7, .c inspection promas when naca==ry. distribution level, with dengulation assurancoforM A'so, the NRC recognized in the 1988
.g ocxLrring (or generation and . -
OPeradort and m,w_ ,g de.ommissioning rub, the PUCs' and transmission? Will retail wheeling - . antidp%f1, f .,, FERC's authority to setrnnual become widerpeed and leed to
- NRCrequge,,apj jy 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 --
, iI other management criteria for the funds. regulated at the retail distribution la isl. .*1P lant, that'aiewly -
'fhe PUCs and FERC also actively (c monitor these dommmissioning funds with deregulatice oaurring within the ,1er hording generation and transmission sectoret agr==it that s'Ign s y _. p as part of their rate regulatory pg What will bly be the final strudure of. .for deco ==l=fonings,rets-responsibility. Moreover, the Financial . ths electric utility industry, assuming with that fi>Nepowgr %d h- VE Awounting Standards Board (FASB), a national organizatfoe that sets either partial or full derogalation? *
- wtadd be theimped et. not
- 4g C4.Should E accounting standards, recently initiated d@etagulation'Will they be able to.3. r .a, Some States hj_ _ q5
,g .
s'ppea a review of reporting of maintain their5 oI pdsitionif aefghb@oring Lesurena IM decommtulontag obligations on electric States ddtogulate? Whitt wD)be the p 4d'a==fa'W utility financial stataments. Ahhough ind structure If sognefstatine .V minhauniW
$q w, FASB has not established a final *> . d to more thad othiers? Can a * 'S y
. standard,it appears that it willincrease "h d" system exik effe'divelyf..Q. Rh Part. ~ . ar'other ham 4al m 4'
the level of detail on power roedor 8
' ' 1 . Stmnded Costs.
licensees
- finandal statements. lf . .
.yh ".M ~T* N'N ;,would so .
' B.1. How 'will r=ti,e-dwii eFacI'g'. ecetamdaite -- - - - _ , , ' A:
adopted, this standa'rd would bly give ' , the NRCand others additional , large baseloed yilanla that currently ' r J'diq information on the status of. . receive. rate raf to covar construction.'M'retn'aining 1a goarmates that,, decommtmat fun's. However, the ... .: . tmots or M - a portion yet to 6e phased availableJor advent of d co tion, and .~ - eto the retus? Spac**Fy, whatis '"various !!n'aq"dal _NW {I by P oently ess oversight by FERC or the probability that and degree to which financiailnessurkirculdbii'? malma it im tive that the
;d
. 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 ]
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~ ' I Federcl Register / Vol. 61 No. 68 / Monday, April 8,1996 / Proposed Rules 15429 financial assurance for Internet: fedworld. gov. If using (703)
Part 50 licensees oder than electric 321--3339 to contact FedWorld, the NRC utilities, would be allowed to collect decommissioning is providedt sufficient revenues through rates to subsystem will be maessed from the ' complete decommissioning fundlagt 8#"# M##"""l"I Fun s ring afe tagePemd "I"8 PU8# main FedWorld menby selecting the C.6. What would be the impact if the " Regulatory, Covernment 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 l such that decommissioning funding for for earnings on the decommissioning Mall." At that point, a menu will be . f trust funds during the extended ufe displayed that has an option "U.S. all plants would be complete within to , 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 "Reurn to FedWorld" option from ik. - dismantlement occurs aner a 50. year Decommissioning Funds safe storage period), hw will NL MIna Main Menu. Ilowever,if 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 obtaining assurance of funds for such Paiodk mpmting utremets? full access to all NRC symfama butyou .
" "* *N will not have saess to the main 1- -
situations? Should the NRC require
!arger contingency factors in estimates M9u M I censee8 M MPmt idecommissioning fundingt e de status FedWorld rystem. - " '. .'
to cover such situationst If you contad FedWorld usin" Telnet; ' Preliminary views expressed in will see the NRC area and menus, , , C.8. Would it be feasible for the ins nce o pay y u wil b ed ano y or doments and Q menages,MM . , decommiss ning funding shortfalls that udditional public comment in n result from pmmatum connection with any p posed rule that Eles ( a e to ts de uenes matad a upy ( decommissioning? Could such a pool be may be developed by e enmmt=f on. FedWorld using , all fDes can'b"e . ;, structured similarly to Nuclear Mutua) 1.imited (NML) and Nuclear Electric Electronic Aecess --I and downloaded but.uploaA.'d,.* Insurance 1.imited (NEIL), who . am not aDM Aa 7 currently insure on. site property Comments may be submitted electronically,in either ASCH text or of Eles wi6out @g, g,
,p damage and replacement power of Wordperfect fc nat (version 5.1 or .Copherlook). An ,e.,;
'Mes wi&in a M,j member utilities? later), by calf y 4e NRC Electronic d**dP dmeS avh.
C.9. If PUC or FERC oversight is either Bulletin Scm m.,5) on FedWorld.He minute time limitloc j substantiall limited or eliminated, an bulletin board may be accessed using a . there any other options for financial personal computer;a modem, and one ' A16WedWoM , assurance of decommissioning that the of the commonly available
""I O'"8h O* EN - +
NRC should consider 7 communications software packa or. ea mode y , D. Decemmiasioning Funding Assurance f** 9g g lay the,NRC Rulais Sha W more camation and a FederalGovernment fJcensee , g gy g g ,, - 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. glattion and Developnie. t Brandg Covernment licensee need only provide if using a personalcomputer and '. assurance in the form of a statement of (301)(1 b6 @ % , (W"D*"*4 DC 2M , intent indicating that decommissioning on modem, FedWorld can thebeNRC rutam=Wno accessed directly subsystem ~ #'
- pggy M-funds will be obtained when necessary. 3y chaling the toD free number 1.(800)
Since a Feders) utility licensee will 303-9672. Communhtion software , ' N y gg.y AND. ~ '[7-M 2 likely be confronted with many oithe parameters should be set as follows: s-, , t. 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
*dcensees provide finandal assurance im ' option from the "NRC Main 954 p l-ptar. Mena." .3,T (4a,os3, .? .
^
.l 334,as 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 ormation Center . 1sW42 m Wsac ihe Tennessee Valley Authority's also bve a "He . f.nancial decommissioning obugations ' option that is , ' to the particular shdd TVA be unab! to do so. Does subsystem.
,o [ . %q g - f*
this ta-t or any other fadors militate for ne NRC onFedWorld an Pa. t 102% sec. 29o2.% or against allowing Federal utility also be accessed a direct dial phone' ; u,3,c 53333 Sect 5on56.trolsutasecd. I a,7 licensees tc continue to use statements number fo* the main FedWorld BBS. 142 U.S.c 2131,'r23$litec. iD2.P4 StT ofintent as the method by which (70M 321-3339, or by using Telnet via 190, e3 Stat. 653 (42 U.S.4,443213a**Y ci
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f5130 h I i ' Federal Register / Vol. 61, No. 68 / Monday, April 8,1996 / Proposed Rules , I 50.13, so.54(ddl, and 50.1o3 also inued : ;.( -",
, undrr sec.108. 68 Stat. 939, as amended (42 FAA is thersfors allowing additional pro osal will b2 filed in the Rules' $'
time for the public to cornment and is Doc et. NI 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'
( .C25 ons 50 3 The proposed actions are intended to acknowledge receipt of their mmenants . --
, 5 prevent crankshah failure, which can in ,
submitted in response to this notice crj end Pub. LAppendix 91-190. 83 StelQ853also issued (42 U.S.C 4332'under resultsec, to2"). in engine failure, propeUer must submit a self-addnseed, stamped Sections 50.34 and 50.54 also isrued under' separation, forced landing, and possible Postcard on which the following ' Q cr i sec. 204,88 Stat.1245 (42 U.S.C 5844). damage to the aircaft. , ,,.., se Sections So 58,50.91, and 50.92 also lasued statement is made: " Comments to .. o; ! 1 N under Pub. L 97-415,96 Stat. 2073 (42 DATES: Comments must be received by will beet date No.stamped94-M."and noreturned W
- fT th:e,".O tt 4
U.S.C 2239). Section 50.78 also issued under June 7,1996* ' 4
- I*,1 at i
sec.122,68 Stat. 939 (4 2 U'.S.C 2152). commenter. ADORE 85Es: Submit comments in ir. j t. * '. c . $ j Sections 50.80 and 50.81 also issued under sec.164,68 Stat. 954, as amended (4 2 U.S.C 2234). Appendix F also issued under sec. triplicate to the Federal Aviation Administration (FAA), New England Region, OfDce of the Assistant Chief Availability o(NFRMs Any person may obtain a copy~ of thiq%
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187,68 Stat. 955 (42 U.S.C 22371 NPRM by submitting a request to0 the+*p Counsel, Attention: Rules Docket No. PAA, New England Dated et Rockville, Maryland, this 1st day 94-ANF,-44,12 New England Executive ~ on.Offios of theM, h of APril,1996. Assistant Chief , Att#ticau?. *i Park, Burlington, MA 01803-5299. h<' For the Nuclear Regulatory t'ammission. Comments may be inspected at this Rules Dociet No. 94-ANE-44/12Neir Joba C Heyne, .
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Eagland Executive Park, BurlingtseW M6k Secretaryofthe Commission. , location between 8:00 a.m. *and 4 p.m., Monda through Friday, ex 01803-5290. ,-<
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pg, IFR Doc. 96-8599 Filed 4-5-96; 8.45 em] Federal boli ys. ' . , ys.% . -;.c.
,g an.tseacoes n m . De service information referenmd in On October 18,1993,,W.n M
the Cvil,g. _ the proposed rule may be obtained from Aviation Authodty(CAM.'which1shr.p: lie t p
- Textron Lycoming,652 Oliver St.,
' DEPARTMENT OF TRANSPORTATION Williamsport, PA 17701: telephone airworthinees authority of the United. , ,p_ Kingdom, rem!ved a report aPiper,g.g *{6 (717) 327-7080, fax (717) 327-7100. PA-28-161 aircraft, with a T Federal Aviation Administration This information may be examined at Lycoming 0-320-03G reci
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14 CFR Part 39 the Assistant Chief Counsel,12 New an aankahnh failure , to
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, [ 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 . e; Certain 320 and 360 Series Engineer' New York
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. Certification OfBee, FAA, Engine and. , " '
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- Proposed rule; extension of telep one (516) 256-75'32, fax (516).. - Proportion of the emnkshall , .
i 568-2716' #* **"" comment period. <
., renyining unseparate(! - ,_ ,. .
SUPPLDIENTARY #dFORMAT10NP failed as a result of suasMARY: his document extends the '? comment period for an earlier proposed Coments Invited cinching occurredia '
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ahdit had p% oinvessi ] j r.lsworthinese directive (AD), applicable Interested persons are Invited to * - to all Textron Lycoming 235 Series and participate in the making of the . period of servion/ At,thitGo(bf ahV1 ., , _ ' N$P 1 290 Series, and cr.:tain 320 and 360 proposed rule by. submitting such acddent the engine badopented 1,950 hours time iti servios
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! series reciprocatino engines, that.
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written data, views, or arguments as " *
- proposed to requus in'tlal and they may desim. enmmun! cations otirhaul and had accum hours 'nS since new ser ayerkid' 10; -;['.-
L . 4[ *8 repetitive inspectiou. ;.f the crankshaA , should identify the Rules Docket . years. In addition,the Fedegal'AviaB "* Innrr diameter (IDITor corrosion and cacks, and replacement of cracked number and be submitted in triplicate to Admintaus tion (FAA)hasredstjM' M j'.~* the addr.ss specified above. All' reporta of ten additional 2 1 %=ek cranhhafts with a servimable part. In ' communications received on or before - V h addition, that AD proposed to rmit crecisorfailureta Jhecredsha the closing date for mmments, spedfled behindthelropek(tflange ~ M N)
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cperation of engines with. hafts above, will be considered before taking
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f th:t am found to have corrosion pits but action on the proposed atle'. he Teitron L ; 4 *;d'E due to crackhn! ; <-kU are free of creeks provided repetitive proposals contained ~ln this notice ntisy ~ pits In the a=nTahan
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iqspections are performed until the next be chan 'in Ifght of the comrbents ' CA, : . -MT ' sngine overhaul or 5 years afta;the Initial ins' pection, whichever occurs recei '% , . , , condition'ifnot,@6rejw in' crankshaft fa0
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Comments are specifically e failure, p'ropetter '!b C
.foinvited on in ' lahding, and poesth first, at which time crankshafts with - the over'all regulatorg, economic, i^.
N corrosio2 pN but no cracks must be _ replaced wbh wvimable cranhhafts. environmental, and energy aspects of .g- ', the aircraft. f.f:.3.C 4 the proposed rule. All mmments . A proposal toamen. d v ' Jt' Q
- Since 5.ublication of that proposal, the submitted will be avalfable, both bdore' ' Federal Aviation ons %y-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 r 320 and 360 ,1 det:rmined there is a need to receive summarizes each FAA.public contacs mo o information from the public. ne eerles redprocatingengines'was ' g.n g - 4 concerned with the substance of this pub!Ished in the Federal Register on M. , #p ,t
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