ML20137L145

Requests Review of Policy Statement on Agreement State Programs & Views on Whether Revs Need to Be Considered.Final General Statement of Policy Published in 811204 Fr Encl. Reply Requested by 860115

ML20137L145
Person / Time
Issue date:	11/21/1985
From:	Kerr G NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Cunningham G, Jennifer Davis, Taylor J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
Shared Package
ML20137L143	List: ML20137L139 ML20137L145
References
NUDOCS 8601270287
Download: ML20137L145 (13)

Text

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" %< UNITED STATES f NUCLEAR REGULATORY COMMISSION

[ } *'~ MTI, 3

N, WASHtNGTON D. C. 20555 Ref: SA/J0L

' , ;l, . / . NOV 2 I G85 MEMORANDUM FOR: John G. Davis, Director, NMSS James M. Taylor, Director, IE Guy H. Cunningham, ELD Harold R. Denton, Director, NRR Clemens J. Heltemes, Director, AE00 Robert B. Minogue, Director, RES' Thomas E. Murley, Regional Administrator, RI J. Nelson Grace, Regional Administrator, RII James G. Keppler, Regional Administrator, RIII Robert D. Martin, Regional Administrator, RIV John B. Martin, Regional Administrator, RV FROM: G. Wayne Kerr, Director Office of State Programs

SUBJECT:

HRC POLICY STATEMENT ON GUIDELINES FOR REVIEW 0F AGREEMENT STATE PROGRAMS-REQUEST FOR REVIEW In 1980, NRC published in the Federal Register a proposed Policy Statement, " Guide for Evaluation of Agreement State Programs." Based on the comments received, NRC made changes to the proposed Policy and the Final General Statement of Policy was approved by the Commission and published in the Federal Register on December 4,1981 (enclosure).

In 1983, the National Governors' Association published a report of its study of the Agreement State program which' included the following recommendation:

"The present guidelines for evaluating Agreement State programs are considered adequate and offer the proper degree of flexibility in reviewing State programs for adequacy and compatibility. Any proposed changes in the present system should be thoroughly discussed with the States."

We believe that in the nearly 5 years of experience with the present guidelines that they have worked well. Nonetheless, this experience base has suggested that clarifying and editorial amendments could be considered that would enhance the effectiveness of the Policy Statement.

Such a process can also afford us an opportunity to review the guidelines in light of present and projected program needs.

We are not including in this review the guidelines related to uranium milling and mill tailings. This aspect will be undertaken as a separate effort following finalization of NRC regulations relating to control of groundwater aspects. The NRC regulations have the potential for affecting a number of the existing guidelines.

8601270287 e60117 PDR STPRO ESGGEN PDR

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I would appreciate your review of the Policy Statement and your views on whether any revisions need to be considered. If your staff is not entirely familiar with the Agreement State program, including the process for reviewing Agreement State radiation control programs for adequacy and compatibility, I would like an opportunity for our staff to meet and familiarize them with it. We will also be glad to meet with you and your staff to informally discuss preliminary questions or comments you may have. Please contact Donald Nussbaumer at 492-7767.

I would appreciate a reply by January 15, 1986, s Y Ab G. Wayne r, Director Office of State Programs

Enclosure:

As statad 4

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cc: w/ encl.

RSAR's RSLO's I

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t Feder:I Register / Vd. 46. Na. 233 / Frid y December 4.'1981/ NoticIs 59341 herehy given th:t the f;ll: wing meeting surmany: W Nuc!cir RIgul t:ry regulations and that other regulations cf the !!umanities Panel will be held at Ccmmission is adopting as a general must have a high degree of uniformity 80615th Street NW., Washington. D.C. statement of policy the recently revised with NRC regulations. This is basica!!y 2050cc Cuidelines for NRC Review of

,, . what is meant by compatibility as it is o D:te: December 18.1981. ,'t* .

Agreement State Radiation Control applied to regulations.

Time: 9.00 a.m. to 5:30 p.m. Programs." His statement of policy la .

With regard to the Organization Room: 314. .

being Issoed to inform the States and the section. the only significant change was Program: This meeting will review public of the criteria and guidelines . the moving of the ind.icator Legal applications for Summer Stipenda in which the Commission intends to use In Authority, to a new section.

English Literature I, submitted to the its periodic evaluations of Agreement The section on Management and Division of Fellowships and Seminars. State Programs.

for projects beginning after May 1. Administration has been revised in a arrectiva oATa:This general statement number of areas.The guidelines under 'I 1982. of polley la eIIective on December 4 Budget have been revised to list the ne proposed meeting is for the 198L specific program areas we feel require purpose of Panel review, discussion. ,

Pon runTwot INFORt.fATION CONTACT , budgClary support. A specific dollar I evaluation and recommendation on Donald A.Nussbaumer. Assistant range however, has been deleted. With 1 applications for financial assistance Dire,ctor for State Agreements Program, the growing complexity of radiation under the National Foundation on the Of! ice of State Programs. U.S. Nuclear control ptograms. (e.g. the additional Arts and the Humanities Act of1965, as Regulatory Commission. Washington, amended including discussion of requirement on States Rcensing ytanium DC 20555. Telephone: 301-192-7767 mills), inflation. and other

• information given in confidence to the * -

SUPPt.EMENTARY INFORM ATloN: On considerations,it is becoming agency by grant applicants. Because th? October 3.1980, the NRC published in increcsingly difficult to establish proposed meeting will consider the Federal Register as a proposed specific funding levels which could be information that is likely to disclos.: General Statement of Policy its " Guide usefulin comparing State programs. A (1) Trade secrets and commercial or for Evaluation of Agreement State number of points should be stressed:(1) financialinformation obtained from a . Radiation Control Programs."(45 FR Dere have been a number of occasions p;rson and privileged or confidential: 33726 43734). Interested persons were in the past where States have not met (2) Information on a personal natura invited to submit written comments and' the NRC's recommended guidelines and the disclosure of which would Constitute suggestions on the proposed policy yet the overall program has functioned a clearly unwarranted invasion of statement during the comment period satisfactorily:(2) The States utilize a personal privacy; and which expired on December 22,1980 (45 variety of accounting techniques and it (3) Information the disclosure of FR 80937. December 8,1980). Based on has been difficult to develop a guideline which would significantly frustrate the comments receivedsand the that would be generally applicable to all implementation of proposed agency acti:n. Commission's own evaluation, a number States: (3) Past experience has shown of changes have been raade to the policy th&t there is not a strong correlation Pursuant to authority granted me by the statement. between budget problems and problems Chairman's Delegattor) of Authority to his document is or nized in much in other program areas. For, example,in Close Advisory Committee Meetings, the same manner as th former" Guide

• most States, salaries constitute a major dit:d January 15.1978, t have  !! contains six major sections, each of part of the radiation control program datermined that this meeting will be which deals with a separate program budget. There have been a number of clos;d to the public pursuant to element.These sections are: Legislation cases where a State's overall budget subsections (c)(4), (6) and (9)(B) of and Regulations. Organization. was within the reccmmended guideline section 552b of Title 5. United States Management and Administration. but yet the salaries were too low to Code. Personnel. Licensing, and Compliance. recruit and retain adequate staff.

Further information about this As in the former " Guide" each program Conversely. States with more than meeting can be obtained from Mr. element contains " Indicators" which adequate salaries have had an overall Stephen J.McCleary. Advisory address specific functions within the budget below the recommended Committee Management Officer. program element. A number of guideline. Our conclusion is that the

' National Endowment for the recommended " Guidelines" are listed diversity of State programs and the Hum,nities. Washin; ton. D.C. 20:06, or under each " indicator." ne vanety of accounting techniques

- cnll (:02) 724-9307. "Cuidelines* replace the former " Guides employed by the State makes the use of Stephen .\tcC'eary, for Acceptable Practice." specific budget level guidelines oflittle Aderso,y Ccmmarce Mane;en cer orf!cer. The indicator " Legal A uthunty" has value. Orher editonal changas have

rn om s%m nw : 2.c e.s.m been taken out of the Organization been made to the Management and snas cece tsa.c.e section and combined with Regulations Administration section.

to form a new section. Legislation and The indicator " Duties" has been Regulations. De underlying authonty changed to " Staff Supervision" which NUCLEAR REGULATORY granted the radiation control program in we feel more accurately expresses the COMMISSION State le; .lation together with subjett of the guidelines. We have implementing regulatior.s form the eliminated " salaries" as a separate Ev:!uation of Agreement S' ate foundation of any regulatory program mdicator, and have placed it under e Ra'lation Control Programs; General and are essential to the effectiveness of new indicator " Staff Contmusty " Salary Stat: ment of Policy that program. A new indicator " Status of levels are important only from the acENcV: Nuc!est Regulatory Regulations

• has replaced standpoint of being able to recruit and Commission. " Compatibility." The guidelines under retain staff. The indicator " Recruiting

• ccTtcN: Final 3eneral statement of the indicator " Status of Regulations" has been eliminated. The guide!!ne po; icy. indicate that certam State regulations relating to job desenptions has been must be essentially identical to NRC moved to " Qualifications." ne t

O

59342 Fed;r:1 R; gist:r / VoI. 48. No. 233 / Friday. December 4.1981 / Notices

?

guideline regarding vacancy noeification A determinatio'n is also made that the inadequate and incompatible with the '

procedures has been eliminatM since. program is eithen NRC program.

as pointed out by one commenter. State (1) Compatible with the NRC Cuidelines for NRC Rev.iew of recruitment practices vary according to Regulatory program in areas related to ,

Agreement State Radiation Control State personnel office procedures. Based the public health and safety; or Pmgrams on our experience, there do,es not (2) Incompatible with the NRC appear to be any reason for Regulatory program; or 1981. .

recommending one recruitment practica (3) NRC is unable to make a Cnding at Prepared by Omco of State P ograms.U.S..

over another. the time of the review because of . Nuclear Regulatory Commission. '

Only minor changes have been made unresolved items or inadequate Washington. D.C. :csss.

to the f.icensing section. Under Informathn. Introduction "I.icensing Procedures" the guideline A dispositive finding of adequacy and pertaimng to the preliminary review of com'patibility is made at the time the Section 2N of the Atomic Energy Act applications within 30 days of receipt staff submits a consolidated assessment was enacted by the Congress in 1959 to has been eliminated.The time needed,to to the Commission in an annual report recognize the interests of the States irr review an initial!! cense application is a en all Agreement States. atomic energy. to clanfy the respective purely administrative matter. An In making a finding of adequacy. the responsibilities of Sta's and Federal artificial time limit serves no useful -

NRC considers areas of the State Covernments and to provide a purpose. It is the quality of the !! censing program which are critical to its primary mechanism for States to enter into actiun that has a bearing on pub!!c function.i.e protection of the public formal agreements with the Atomic health and safety. The timely review of health and safety. For example, a State Energy Commission (AEC), and later the

, licensee renewal applications may, that does not have qualified personnel. Nuclear liegulatory Commission (NRC).

however, be important. The fails to take adequate licensing actions under which the States assume

.I ' or has n inspection program, would not regulatory authority over byproduct.

t i ance f noe exp ra be considered to have a program .

source, and small quantities of special notices to licensees 30-.60 days prior to adequate to protect the public health nuclear matenals. collectively referred expiration has'also been eliminated, and safety. Basic radiation protection to as agreement materials. De t.fcense renewalls the responsibility of standards, such as exposure limits, also mechanism by which the NRC the licensee. De issuance of expiration directly affect the States ability to discontinues and the States assume

" b the S is a pureiy protect public health and safety.The regulatory authority over agreement

, stru , ,,

NRC feels 'hatp-is important to st:ive matenals is an agreement between the No significant changes have been for a high des-ee of umformity in Covernor of a State and the

~

me.de to the Compliance section. technical definitions and terminology; Commission. Before entering into an A number of changes have been made Agreement. the Covernor is required to particularly askelated to units of

'o the Categories assigned to various certify that the State has a regulatory indicators. Category !!! has been measurement 4.d radiationxiose.

hfaximum perrmssible doses and lovels program that is adequate to protect the climinated. All guidelines previously public health and safety. In addition. the included in Category !!! !ndicators were of radiation and concentrations of radioactivity in unrestricted areas as Commission must perform an considered to be more appropriately independent evaluation and make a ,

identified as Category II. A separate specified in to CFR Part :0 are considered to be important enough to finding that the State's program is C.tegory !!! is no longer needed. adequate from the health and safety The "Cuidelines for NRC Review of requits States to be essentially equivalent in this area in order to standpoint and compatible with the Agreement State Radiation Control Commission's regulator program.

Ptna, rams" will be used by the NRC staff protect pub 9c health and safety. Certain dunng its onsite reviews of Agreement administrative procedures, such as those Carrent CuideHnes State programs. Such reviews are involving the licensing of products l containing radioactive matenal intended In 1980, the NRC staffinitiated a conducted at approximately 18 month intervals or less if deemed necessary. for interstate commerce. also requtre a major revision of the guide for review of high degree of uniformity. If no serious Agreement State programs (two ear!ier As a result of the review of a State revisions reflected pnmanly minor and

! pro; ram, the NRC determines that the performance problems are found in an Agreement State program ar.d ifits editorial changes). His was

! Agreement State's propam is either: necessitated by changes in NRC (1) Adequate to protect the public standards and program procedures are health and safety; or compatible with the NRC program, a licensmg and compliance policy, the i

( ) Inadequate to protect the public finding of adequacy and compatibility is Uranium Mill Tailings Radiation Control l

health and safety. made.In a case where a State has not Act of 1978 and inflationary impacts on A program may be adequate to protect formally updated radiation standards in budgeting. In view ofincreased public the poblic health and safety although in important areas.but other areas of the interest in radiation control matters and need of improvement in specified areas. program are not deficient. a State could tha Agreement State pregram. the In some cases, the NRC may be unable be found to be adequate but not Commission has pubhshed these to make a finding at the time of the compatible with the NRC program. It is Guide!ines, which constitute review because of unresolved items or also possible that a State program could Ccemission policy in the form of a inadequate information necessitating a have up.to.date regulations, all proper document entitled "Caidelines for NRC follow 4 p review. !n such cases. NRC procedures, and adequate staff. but still Review of Agreement State Radiation fo!!av.s up on these matters by fail to perform the necessary work. In Can:rol Programs.'* nis document correspondence, fo!!ow up onsite this case a program could be found to provides guidance for evaluatien of reviews or at the time of the next regular be inadequate to protect the public operating Agreement State programs scheduled review. No sigmficant items health and safety, yet compatible with based on 20 years of combined AEC-will be left unresolved over a prolonged the Commission's program. In the worst NEC expenence in admimstering the penod. case, a program can be found to be both Agreement State program. The

l L Federr.1 Register / Vcl. 48, No. 233 / Fridty. DIcember 4.1981 / Notices 5'J313 o

I document will be used by the NRC la its the commitments made in their more than one significant Category i I continuing program of evalcating applications and that they observe the comment is provided, the State will be 1

Agreement State programs. . requirements set forth in the regulations notified that the need of Improvement in The " Guidelines" contaic six sections, !s the objective of the compliance the particular program areas is critical

!, each dealing with one of the essential program.De essential elements of an The NRC would request an immediate t elements cf a radiation control program adequate compliance program are (1) ' response, and perform a follow.up

? (RCP) which are: Legislation and -

the conduct of onsite inspections of . re.iew of the program within six I Regulations. Organizrfon. hfanagement licensee activities. (2) the performance months.lf the State program has not i and Administration. Personnel. of these inspections by competent staff. Improved or if additional deficiencies Licensing. sr.d Compliance.Each section and (3) the taking of appropriate have developed the NRC may institute contaim (a) a summary of the general enforcement actions. Another very ~~

proceedings to suspend or revoke all or significance of the program elements. (b) important factor is the ability to plan part of the Agreement. Category II t indicators which address specific for, respond effectively to, and

' functions within the program element. comments would concern functions and Investigate radiation incidents. activities which support the State (c) categories which denote the relative Category /I-Essentic/ Technico/ cod impertance of each indicator, and (d) program and therefore would not be Administintive Support. Category II critical to the State's ability to protect guidelines which de!!neate specific Indicators are:

objectives or operational goals. the public. The State will be asked to

• Updating of Regulations. respond to these comments and the Categories opopdors p7,g 3, ;th ae rgan a on. a% ach d h oakaW %

ne indicators IIsted in this document

• Intemal Organization of Radiation ec next regular pmgram review.

cover a wide range of program Control Program. It should be recognized that the functions, both technical and .

• Legal Assistance. catydzation pertams to the administrative. !t should be recognized

• Te:hn!c.tl Advisory Committees. sigmNance of the overallindicatorand that the indicators. and the guidelines

• Bud et. not n esch of the guidelines within that under each indicator. are not of equal

• Laboratory Support. IndMa tur. q example. " Technical importance in terms of the fundamental

• Administrative Procedures. QusDy of Li:ensing Actions"is a .

goal of a radiation control program,i.e.

• hfanagement. Category I frflicator. De review of

- protecting the public health and safety.

• Office Equipment and Support Feense app!! cations fur the purpose of Therefore, the indicators are categorized Services. evtluating the applicant's qualifications.

in terms of theirimportance to the

• Public Information. facilities, equipment, and procedures is fundamental goal of protecting the

• Qualifications of Technical Staft essential to assunng that the pub!!c public health and safety. Two categories

• Staffing Leveld health and safety is being protected.

are used.

• Staff Supervision. One of the guidelines under this Cate;oryI-Direct Bearing on Neo/t3

• Training. n.

Indicator concems prelicensing visits.

andSafety. Category I!ndicators are:

• Staff Continui . . The need for such visits depends on the

• Legal Authonty.

• Licensing Pro utes.

nature of the specific case and is a a Status of Regulations.

• Inspection Pro &dures. .

• Inspection Reports. matter of judgment on the part of the

• Quality of Emergency Planning. licensing staff.ne success of a State

• Technical Quality of Licensing

• Independent hiessurements.

Actions, nese mdicators address program program in meeting the overall objective

• Adequacy of Product Evaluations, functions which provide essential of the indicator does not depend on

• Status ofInspection Prograrn. techmcal and admmistrative support for literal adherence to each recummended

• Inspection Fre uency. the primary program functions. Good 82Id'li" .

• Inspectors' Per ormance and performance in meeting the guidelines As a matter of policy, the Commission Capability. for these indicators is essentialin order supports the development of more

• Response to Actual and Alleged to avoid the development of problems in specific objective measures of incidents. one or more of the principal program Agreement State regulatory

• Ehforcement Procedures. areas. l.e. those that fall under Category performance. The difficulties of Dese indicators address program l indicators. Category ll indicators implementing this policy are also functiens which directly relate to the frequently can be used to identify reccgnized (e g., lack of adequate data.

State's abi!!!y to protect the public underlying problems that are causing. or lack of cause and effect relationships health and safety.If sign:ficant contnbuting to. difficulties in Cate;ory I between State radiation control problems exist in several Category 1 indicators. programs and radiation exposure data, indicator areas, then the need for  !!is the NRC's intention to use these cost of co!!ectmg data). Nonetheless. the improvements may be entical. categories in the following rr.tnner. In Commission believes there a potential Legislation and regulations together reportmg findings to State mana;cment, ment in using objective rather than form the foundation for the entire the NPC willindicate the cate;ory of subjective measures where appropriate.

program. establishing the framework for each comment made. lf no sigmficant NRC will work toward estabbshing the licsnsing and compliance programs. Category I comments are provided, this more quantitative measures on a State.

The technical review of!! cense will mdicate that the program is by. State basis to improve the quality applications is the imtial step .: the adequate to protect the public health and consistency of NRC reviews.

regulatory process. The evaluation of and safety. If at least one sigmficant Reccg:lition will be given to State applicant qualifications facilities. Cate;ory I comment is provided. the un:que factors. the difficulty in equipment, and procedures by the State will be notified that the program campanng cne State to another. and the regulatory agency is essential to assure deficiency may sencusly affect the as ailab:iity and cost of data collection.

protection of the public from radiatio State's abi!ity to prote'et the public NRC solicits State assistance and hazards associated with the proposed health and safety and shou!d be su;gestions in identifying objective activities. Assunng thatlicensees fulfill addressed on a pnonty basis. When perf:rmance indicators.

i

'5934'4 Federal Regi:ter / Vcl. 46. N:. 233 / Friday, D;cembIt 4.1981/ Nr.;tices -

Cenem/NRCMicy , protect public health and aafety. Certsin >* c, o a.r De "Culdelines for NRC Review of administrative procedures, such as those j Agreement State Radfation Control involving the licensing of products n si w,,,,, .,;.g Programa" will be used by the NRC stag containing radioactive materialIntended S .,. e-,

during its onsite reviews of Agreement Statwregrams. Such reviews are for Interstate commerce, a!so require a high degree of unifannity. If no serious i

'"8", Q e e. un condu'eted at approximately is month performance problems are found in an ' C&,, '

intervals. or !sss if deemed necessary. Agrwement State program and ifits '

4a m is7e As a result of the review of a State standards and program procedures are program, the NRC determines that the compatib!e with the NRC program, a '

[ L. n. . "'"'

Agreernent State's program is eithen flnding of adiquacy and compatibility la "'""a***

(1) Adequate to protect the publ!c . *"

hes!!h and safety; or made. In a case where a State has not . s"=.$,"

formally updated radiation standards In  !

(2)!nadequate to protect the pubtle Important areas but other areas of the " ""%'.= =,p = "=

health and safety. program are not deScient a State could ==a===

A program may be adequate to protect be found to be adequate but not '

the public health and safety although in compatible with the NRC program. It la C.UU.

need of improvement in specified areas. '

ac===. ===

In some case, the NRC may be unable to also possible that a State program could have up.to-date regulations, all proper C2.

e *=' e make a findmgat the time of the review because of unresolved items or procedures, and adequate staff. but still '"'"

inadequate information necessitating a fail to perform the neessary work. In .

si e i _ m sw.

%"UIIE we follow.up review. In such cases. NRC this case

• a PtoIf** could be found to ****= = '** rnea ==

follows up on these matters by correspondence, followwp onsite be inadequate to protact the public ,

health and safety, yet compatible with y

c,, , ,

reviews or at the time of the next the Commission's program. !n the worst to n =

regularly scheduled review. No case. a program can be found to be both C';'Q significant ite=s will be Icft unresolved inadequate andincompatible with the == r over a prolonged period. f.'RC program. .

Q'r,,

A determination is also made that the program is either: Guldsfloes--I.egislation and Regulations C " *'

(1) Compatible wi$ the NRC m s:n va e ne effectivenesstof anP State .n, Regulatory program in areas related to radiation control program (RCP)!s the public health and safety; or dependent upon th derlying authority .'*a***7,*

(21 Incompatible with the NRC granted the RCPin te !cgislation, and ***""r-'*

Rc;ulatory proa,rsm: or NRC is unable to imp!cmented in the '

make a finding at the time of the review te regulattons.

Regulations provide the foundation upon unawg w e nNce aia*ta8 7'

because of unresolved items or which licensing, inspection, and 7,".*"* "

• Inadequate information. A dispositive finding is made et the time the staff enforcement decisions are made. . = cam Regulations also;irovide the standards s Tu. "r.

submits a conso!idated assessment to the Commission in an annus! report on and ru!cs within which the regulated a**=r must operate. Periodic revisions are "

necessary to reflect changing l

l

! a ga ding of adequacy, the NRC considers areas of the State technology, improved knowledge, ."*"[.Nac.i "*"*7 gc

,,,on, program which are entical to its primary current rscommendations by technical advisory groups, and consistency with ano ;

function. i.e. protection of the pub!!c u.c, 3 ,

her.ith and safety. Fo? example, a State NRC regulations. Procedures for 9a==wwd that does not have qustified personnel, providing input to the NRC on proposed ** *T""'

fmts to take licensing sctions or has no changes to NRC regulations are esma ea a.

Inspection program. would not be necessary to assure consideration of the e f;""f,(8fp considered to hase a program adequate State's interests and requirements. The o. u ..ww to protect the public health and safety. pu;fic and. In particular, affected ,"'f*Jg, Basic radiation protection stendards, classes oflicensees should be granted swaw ruch as exposure limits, also directly the opportunity and time to cornment on sfrect the States' ability to protect public rule changes.

'Q ra + n or health and safety. The NRC feels that it W'" W "

is important to strive for a high degree of c.,m j uniformity in technical definitions and i,.s , l o.,,

f.[U aa== = r= i terminology. particularly as re!ated to Lee a sear - e c'. n ena r '"y*

units of measurement and radiation *

• • • "'r""*

zeer vu dose. Maximurs permissible doses and .U,U y,,g*

levels of radistion and concentrations of **""""=r am radioactivtry in unrestricted r.reas as specified in 10 CFR Part 20 are i,%77 - e*5a .sa=

=* ' ' " " ' '

considered to be important enough to - y'w&'O. ,,,,

require States to be essentially 8 .m=r-s equivalent in this area in order to L

Federal Register / Vcl. 46, Nr. 233 / Friday. December 4.1981/ Notices - 50345

~

. ' Organization .e=== em , o Laborst:ry support sirvices should be ne effectiveness of any State RCP administered by the RCP or be readily r d*'*=r 8 fad =* available through estab!Ished may be dependent upon its location c.-=.== ca within the overall State organizational ' * * " * ^ ' " ' ' ' " , administrative procedures.

structure. %e RCP should be In a In order to meet program goals, a position to compete effectively with .

i",."."" State RCP must have adequate da other health and safety programs for -

budgetary support. ne total RCP budget -

budget and staff. Program management as%", ".=w must provide adequate funds for must have access to individuals or groups which establish health and -

g=

"'*a o.'

salaries, travel costs associated with the comp!!ance program. !aboratory and safety program priorities.no RCP - 8Wy bewahn ad &r -

should be organized to achieve a hlgh 44 7,,,,,,, equipment, and other administrative degree of efficiency In supervision, work costs. De program budget must reflect functions, and communications. Ce,,

, *.**8 annual changes in the number and ea8"ca = = complexity of applications and licenses.

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,= ,7,,, ,',,, and the increase in costs due to normal te e w "n." ",O'*"a inflation.

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"." and Administration -

= ". ". *.'".'

O'.*, 'w*,""" State RCP management must be able *

,",,,,",,", % sU

• . =vm

• to meet program goa:s through streng. se.aca aar.

",',"'"o',7, ., direct leade: ship at alllevels of Z",, ,,

w= s i= =..', supervision. Administrative procedures we co =.

%*",,*,,'"*** are necessary to assure unir,.,rm and ',",",".*"*e me'oa soaev. appropriate treatment of all regulated , vaae t=

"*,*"*"* parties. Procedures for receiving ",",,,,,',",,,',*

tess a..iane. a te:m ma v e informstion on tsdiological incidents, ear- - aa e.

• ','f*,*,c'* ,, cmeryney rr sponse, and providir g **"******

neceu. we infoimation to the public are necessa.y,  % p.aa gov.4 w O '*,,",,'0",,

.,-=ww.

Procerfures to provide feedback to supervision on status and activities of

"q'f*,

= .a.s.aev

, 7",,*",',"*,*,*, , the RCP are necessary. Adequate *, ";Q,, ,

<esam w. facilities, equipment and suppcrt ar .

7,,*,* services are needed for optimum *

,", ;8 '" ,, ,,,

,c,a uis utilization of personnel resources. e. ..

~.

. 59248 Federal Register / Vd. 48, NA 233 / Fridcy. DecembIt 4.1981/ Notices e c, o. mas e Dia mme came=, ase*= **c=een came=, cw*=

a operseg a es seen empee es aras reew es semen ====,===d

.e=,==

,=,s.d

e. me e i.

. ,m me e w = =

m.earspayum

• sesamory , leger 6 M -

snees asun se pecess Theme Icerinese amW Deuus peceases eruud . poyamt SW

, to gne speens suomat tarwas eruud smeae of as posseegof De ovelaces e  ;

onesene Inerus regonad ornces d

. amoquamine -; vawat pe m behstag - _

pasose Pues kiemetmeon_ 8 beoecie erud

=sse sw recommen, scar =riesee Deem =Wat W stuwd De

, tussense er med **ar evepenas to es goed newage regared pwate conmatard emessene of me psywsk erm Stae Ducswerig pe. _ _ _ , _

s Progree '

semssr.9we ameneng voet annasened posseest andremesmosse ,

snowns esemae opport. swr te runeste arid parede recorts puciEC Pearrge eats Dore es stan on atuami be e=umagensma, Pe steam of prtruided et

. = eien _ sepaaary setore ' acecreance met arts aper gasmega. UMmcA arid omsesnese to poews canog appecacee Saats emeert me RCP. eeBest e@westaDue aero-eme so,ae poconseu-s esses si aeorneig reveesk eepeywa McP meriegenerd e cm.eae r e n.ad p.r ecear Persconel e-on pe=1 an== eariaad

=rs w=r==ry === r=~e= The RCP must be staffed with a OM m-d ===='s L'*"."

r=*a==v

. sufficient number of trained personnel The evaluation of!! cense applications

• 7ese,,

, , g,, ,,e.es",, and the conduct ofinspections require as aear=eva -

e.:r==d .ua. staff with in-depth training and

, ,e,, ei. Co,, experience in radiation protection and

. asereews n,imavs related subjects. The staff must be T , 7,,,,g ,

' adequate in number to assure licensing.

==a esines 4r ane enmad inspection, and enforcement actions of

" " " ' ' ' ' ,,, ,'** ' Z "*"* appropriate quality to assure protection re e=ry. ta. sc e. caa e of the public hes!th and safety. Periodic C,"O ,,, ,*****W*',,"d'~

training of existing :taffis neccssary to swee w e doewnere es maintain c:pabilities in a rapidly 7,,,",.*.*.e 'OCy changing technological environment.

eas uace,ars Program management nersonnel must be

• • • "* qualified to exercise adequate tan ==-, si.e.i_ s n.e a"cP veind- ***

r,ee a""e"ree-

,s .

no.e ce or supervision in all aspects of a State

==*'t*

newee, or reader

• • • a

reneeses as radiation control program.

e.=ee.e e en ear ,isas O ** **

esisemened snowd rocarve becaere Caiegwy aceer'*me pae ee a

y e.,a. ,,,,,,,,,,

senar -, e ,e se isc== mas in.- -

• o.ae.c ear. e e. P ..a. ... ;

e=ovs co -

recnt== s:aa .now.e eg.e a9erreB CDPosfla4 gaceescr 9 609ee

-~"= s - e., ., e ee neeessa arwrie re we or re.cg a re tap' Des cOAccted escoctuy'% pr*ytar.as ana/Qt try c40ec1crt ett regoris ared we sciences en 4 M en*erc 'two A41 S083 tra^^g Get3Dbaned DT Po aC90pf SAOwed and papenence et eCP a'te De rge graort aesseescue e the ACP enoud permratet pro:ee g fa, Presseemt estachen unnetet otAce eeweature $ De AcP toowed gea,erp viegag gne $.ggepg 8W e edesi.aag Bress De prece@ des W ser**Ces Ben ##W 864 cWaturate crerca, eussart asese mas esas w e ce free of Per' ope ste Aw80m8W W , tcentes sawed swees 40 regnes and at.tomats one etpected Dy ano to rowse a Dars Proces8 eeswa

. o

+

e e

~

T l 59347 Feders! Register / Vcl. 46. Nr.133 l Frid:y. Dec mbir 4.1981/ Notices o.no appropriate for determining that the o.no en ,,,,,,,, e ,,,,,

'e - e,,,,, applicant can operate safely and in g ,,,,ess,,, compliance with the regulations and ,

1

,,,,,,, pe=*e=e. license conditions. An acceptable es==*=ean '** "*

- Z ,e .".',"e,."' licensing program includes: preparation

= =srow', and use of laternal licensing guides and pe===is 7 ,. po!!cy memoranda to assure technical

,,,0,, as quality in the IIcensing prog *sm (when

.ec===

sey w === e= -

==

em e =m=emac appropriate, such as in small programs.

- The acy ea.,e swp e amerewmannas n=eepope. NRC Cuides may be used): prelicensing

- ne amar -way

• y,",,,",,*,"',*,,g inspectfon of complex facilities: and the

$W messa map

==en a. implementation of administrative a==';* 0 ,,

sg ,,,,, procedures to assure documentation and maintenance of adequate files and m an = car.cm poen.ense eene of can,no records.

veewie .'4 isomeegn ese= wee no oweseos

"* kidceere l Caiegcry I w

e=====e av reasos omreenaamns of Tecreeces ousety of f Theact eroad

• eenenseum tscenseg Actaarm easure ew asserewuess ser esverage epid vanws eurem l enreewy eiemeats af pomotent and For States accaca' ions have comosesse reguaatseg urermas twea swera tteJ to amarist Ifie ageswy erd mes one sus smary erweg erciad togt twvere =ruca meer De sese,a a se

• siiscamone me arent regJeaory recrus ane retan penance ser psee4-2JS persome of pesammenes oescnorig the eseroemene ectoces ans ow' af posesourief enet eiciusertg e.anstes le De*

esen(coment Wael%

canadanet are $ meets enchse resees to ensarcaDor's of ,

to conesame le persona one =40 pecess a new acuter sees Eceese ime masenaL opgeeryrnere et SMCiulbng sesshp vacanes ane es geogregraced ethsoment, arts n=se or mater est renewel. to steet

• operewig aree

• rheACp e*8'gerwy reesswacus of Organtason -

L>arture hae pecessee

- gewone snoise . tuPcie's to Taengs Reshaene -

Canarce act et

1. . be sia:n Piet saae es'ac'sn IPs hafwwer e Das,s nor steasareg 1971 The enort rnpunwies and suume ersaae actant progreen coatmary bece'seg v sres et0erwse e # maciaree rae.oege af endhme De mace preugt lor corao4W arte metterg np90eogy.

_r n ter marW BCettenrig geelogy, NW N acterm J Memonen Lgentes shou se be sructure cesurgsweise eagneenrg' cwar. comoseses snaune emm two sae acewere as a sieerweary star t keerween personnes srome p,ner eve is

• 1e isotopes e sewer aever a Icr**& 31.apMeet De asemaste to euse%ssey powWe gunAarue adiaenroe Waes, possuans frere ane review me and ceraussr=e or erse armse e De resreuve ears of sermar oceanurey ser and asucr corotars pemec smary personnet inieaCP steue s= creases nave peces.ree Ser=er gernowne comoeuene use for revie. wig snowe review esognence erW assaceterw aes acerses paar to rencoaseWy

,,ae.m to assu r e cosect sceasse

• coeoencocey. test s6coorang a monsor aos af e mssecos gueance e movices e f*e entera go,,,3an , ce sonesi, ance of Sisies aae NaC e o..secoa'.ewee iery awowrity and ass.conson Tweeece ey 5:aies t'vo,gn pa, or Nde'er os=> j ste .en c., gne pasce and sm* oe'cisaie e . eur e-t wooo af ce enc >snm e at e*'**

OfDemy f, me powers tsceasee Jurner oe'sorwies aseouacy of I. . . Ac7 e.esuanons as snees be vu.asy mas.ce i matteracewrer e cr towise se {,[ censing E,e w oons espeutor e aata eenemmag acease ""**'#'"

"****'*  !!is DCCessar) in llCensing by product. one eewee espechag smas w.e e =ac.

source, and specol nuc! car matenals popea i ac=

• ** that the Stsie regulatory agency obtain i 5g',,*,,, ,,

I c res nn.,.e es

,, ,,'",, e.%e ee information about the proposed use of s.e

" * * * * "C I

"d'**' . .*r esswe ,

nuclear matenals. fact!ities and i we,, ,ar

=,,e se .segcei,"we eequipment. training and expenence of g ****

*"'*** personnel, and operating procedures

~

. . 59344 Federal Regist:r / Vct. 46. Ns. 233 / Friday. DIcemb1r 4.1981/ Notices _

te==O cas , -

seem=e] Compilance om-=e ce=,., o, se,e

.  % i,, ,,,,d, Periodicinspections of!! censed ,,,,,,,,,,

. i , -

~ 3,, ,c, ,,,,,,

r operations are essential to assure that J rre , .simaan .,

a=*"As** eing conducted in wo= Paar w.=ess activities compliance are wi b.th regulatory ,e ,n.

imeme e . ,se ,e.,e,,,,

s requirements and consistent with good -

• *==cer=

t'e*== r*A*'m anmes i. naam

rose.s

w ,. ,, nee safety practices.The frequency of- , .,,n,-

• • *=ar== inspections depends on the amount and ha== =

,,e

- i .

w :--

C '" the kind of material. the type of -

- operation !! censed, and the results of s,,,, e ause ==ces -s 5 uma Amas e.e,

, ce,es ,,e previous inspections. ne capability of ar u.u

,,c,,,,

• =ws m ass. maintaining and retrievirg statistical reseyaer=e U."". data on the status of the complisnes '.

O more-ta*r

=e=am l="it- program is necessary. The regulatory

,s.",",,""'~ agency must have the necessary legal e='*ete== authority for prompt enforcement ofits ,

operanoas may

'""'"""** regulations.This may in:!ude, as

",,',',',,**'*'7'

,,, n e-noses appropriate, administrative remedies. n= news

"",,",s",s".* orders requiring corrective action. Q.

he-='s e sem suspension or revocstion oflicenses, the - es a sarum

""*C***

74 Impounding of materials, and the , .

e===-e a imposing of civil or criminal penalties. n wa,,as and ,0.- is

.,.e wec cases =, e.emm ne Forest, are safry lateige esseaW45 poem *ie end W

. ,,,,,,,,s, mezaase cassory >

omaeunes ,,,,

rear-est redd a stase rey,aaorm ,

to he'*ene8 saanse of especept I . steen AcP snose espectors armat coevs of progress meetam an osmansvate to sco cre reene especisan , moerwisan an and feeJetery pograan psee.see urtownwnsirq cf peeeem to assess esgunaecrg

. The PJoefe hCW'see esceChon gladet ee8'WhenSe staede . Ces'WherEs esfl arid 00 hoes peer of torusse .r same espaeare no . - -- h erehde es grug hgemes Corehacerig CIredired H aptemeE

• reseCoorsk tceaang h*tuem ..

The RCP artmad The corremerne Unser ee esAC map:an stassees aeorwucr (mer Ocnangeef" ansen are De ACP managet e'rerraeuse anos sie to snouse conouca Popes % # permie Nare annual Aeas evenassen eneout taenegament to eves.siaans af savneasemos .e.,,e ye staan eacn enesca se and hopusse of fue steestems eatees

• asetemasrg 70yern on a ponermance med seoGasket 5 pygget thes&

• attse 400eCa00n gears sammenu ironymeten Of acercerase arid

1. 58 ers*4 anoemig re carmeiere gosose ese"41 *We reerveer of are 9Lacet hcapermsarquead enegoctone ,escortes to AC1Jef l irisasses snowed tie to swamined es coruhached, tu ans Aseged ptrgey made to

'884C en 8 eme8P ,

riuseer evetsk kicamenth evasuste tu resse tema me empei a we lor aande stanswe Ste*se Ourer$fe ene FW vuwestegagert CortteWW prayey Categires artie ewesDgaciet comemes* s'en snouse os reessy snendo tse CWrreal h88C evenassa , poe*0ey maos of Mance*G bceate As least ne'eanreud etWer"s femmar1 CO* Shops a tindd

• rsggciagre regwien g to lhe to n.SNI to par q gy ageve:y e its, eteedle arW numeer of :Paa 30 cavs 00 Powes artfarawey escactors le to Cpe 20 403 m eg hcevasng penorweg ryges 3 E poseek asa.gnraerws W liar triosa inceenta M 8Ahd' Is sen@ vt $dnut *ief f 93mRft$

8med*0eed m et sta# asa.gnmense regirerug de tre cre+*y teethWI W se soporm agerey e iete ee0* 'en asent'iCahDft (W f%Brt30 dave acev'aie terWWW seeC9s neede arW divesinga' tone G8 d'hJrsisismen arid perices steem SmCivs4 De d40e GetVWaia20n Of eesyg Sptg t'*e eest osai St=rms art $ ba*sibed weth enscoctmys t

9

% O o l m_.__,,w. -., , , - . , , - - _ - ,,-_v-___,-,--,__,_-__,-w- , _ _ - . - - . --____-._-.y,-._---,w- ,r___,--c- y - , _

Federal R:g! ster / Vcl. 48. Nr. 233 / Friday. December 4.1981 / Notices 59340 7.--..,--

ah tidsmasse Caregory Owdseries busensure Categwy h nes h CassesT

=

oesse9,,sengen E,w.eese,d innere vaeen especnoe '

wumed to . samme he 'essed pomoes stead to presug8y eness of sent 30 deve eaued be W

rienveepseene ee'aown a scacy needeses seems bsoccare and .

ser consecarg may be of . afundd eughey 6#enneurted symement p.ede

• aceropease . emeschone.

Dement and reg 4aewy of'Jerung aerenen e S. ter,.ege cseersy , cenerve ac'm guimestseus escafyeq es 1080=*4 usseu8 eesswes e same er -

curs'ag aus besmengenerie nanopredence frevem sfused lnesame and finadut and ceases 4 genseet rensene af esposy *is*we'

• assisittg ass i

---__--_-_s sonneesd aeog newees saan

• andsnameto ye . . srategement, and "

esigaseed en a med refererweg esung Pagn peseyteam fie aserepees accregreie What espooneng regwsesen er needcaan of bessengenere Scores cond Jan ==onates of WimAl escdyum toeg wetsted , hf 8'tPt and safery '

_ _ i arid Erifieceviere teners poDe8th tenc>eaady SRmad speciry Os P'ocemees poiAd

_._ , tvis pared lor De estaatsmed ser triormafy weren e i me ace nee se 8 masweewng les daysk esegend sicicating &cemees' *

• InvesSgsfea for comeCDwe actaate coNance becoctent residie eed acnone lanen *stenet sneund to to poverd re- '

C.as bre4eg of deciance:ed ered eJ.M svoevsors er the enforcomard (riorma*y 2bd teact espects ,

acaen saaen ones daysk De arose to e sapelme84 . Iriepector and , gyrtormed upon [

Stase acomees and comgr, wee

• return frone Ute 8s8tC aname to seebed of meerwear anoted reces acenoes nonroutane inepectoria l'i .

peneure resrenees Fre Swes sewa *

. esarmeeen need Lm:easee rescoesee , s. ca are Cce<*ssg ar'y incoene to e'ecreenere and eseacton unen cci,as ce ionses s8tmed es starts pre,ceanee eveeva1 te cerer pompey neowns be

"{

GEermed scanomisoge es est208sned for I sesroemre (* S. to adeg.acy one feedbacs of essemere taAse6 #. resonwel of eferfasios te enerecer ,

peviousry -

Icease re==ses conserg , ureenarved news inspectori flesarse 3. Finorgs of posseseek * ' won pocos res Ucemaeon oss esce w e er was enes ear snowq ce sw. emus se,ormag faane at num - arurneated ei e

, escaisied resort cescr ewg essGmene samed areorcenere ee secos of te povafed 18 WIS cases of verywg snegoceant agenev doyees '

euersaeatavig ad

1. sesorotes ter i,neau,eerg as amer:s of .

evenacean of fue enesomes entsad noncompanares dowee 8er se te se ecccreense and nomin and i af saut State ne'ery mettert sessen 9enere se'eresessie ocscre"4 Pe don'ge 8ecency arecesses accos of TPe ACP samed luccesees' CCoorts1FF Gor ,6 he=e access as nearrs;s araad p'3g'a*s. arms

. racece be

• aces se ee'catne me cameumants one' as rapartes nuestance or  !

nascos to

• eareww vemn or esc.sseas e ci Gaftete er sea Pe res$ates, hcensee reesienvestos coness proges t

• ar'ageaie*is and TheDCs stuued e,see, non e inspecuan gusses, hearsee s use oeur e, ecee,og cons,sie,e e.gi eewoese.

tecniacas eg,n,1 menc Pecor's snowas cce%t'ets ser gweance snouas wrm'orm'y edif

/ s:ce a poc'eas te wsee ey aceosaicay

• • • a acedet .aseernre te ox=tr eat Ine Ca8srce*ere i Erdec e**e assies wrwame 'ews ce 8 ocesses P'eteourse one compieis esoec*eas and anoind es esoec e cea**y a<easos sur hcare es pectees and Pe fesasae a powee e pe=ce tocaaca payam .* cn enestaruuss pecance vi me sac %=s ect e==o oeserrere to espect,on cd 9 'c's e"ea'as' eccasse licensed a t*e aest aoncuw*o6ance prog' set T*e escec'm

=an 'egustory peacagreeme,e a::wes sens.us ressee*euL States Gwrwe s'e= re staw P'ew'sdBas tW fie *ey be bles e of p'evuL*Vs lewy'1 Of mome9 acrTW'*lPa#Es "artenart succ*emeated by and Pe peaarees are pacey seeomenere rscamposest m ma,armat  :*)s<m ege ry *e a sus #* er e eie*gteda' ewe.

• sfe DV i'4 eil*. d'sGoC1G-e t

h.

• I

~39350 Federal Register / Vcl. 48. No. 233 / Friday. Decembi.r 4.1981/ Notices

' ~ ~~ For the Nuclest Regefatory Commission.

memme.e cameny7 on emas Commission's Of! Tee of Nuclear Reactor Regulation related to the proposed s. J. Younsblood.

~

~! Chief. Ucensing Bronch &. L Division of

' ******* operation of the. Byron Station. Units 1

~'

and 2. by the Commonwealth Edison ucensing. .

~

• d"*** Company.De site for this station is [nt oss ai-24ano ruw it.wi. a ss ..t

,,,,,,, b.

i. e located in Rockyale Township. Ogle ' enma caos mwi.as

• ='""a=** County. Illinois. approximately

" Oe,.*

• seventeen miles southwest of Rockford, a====

• Illinois. [ Docket No. 50-3691 De Draft Environmental Statement acri Duke Power Co.; issuance of

ad8 8* (DES) addresses the aquatic, terrestrial. . Amendment. Facility Operating

"".,.".,l" radiological, social and economic costs Ucensa No. NPF-9

===== te s. s and benefits associated with normal The Nuclear Regulatory Commission E"*7 station operation. Also considered are e= = s station accidents, their likelihood of (the Commission) has issued occurance or their consequences. Amendment No. 9 to Facility Operating 7 '" ' Finally, the statement presents an Ucense No. Npf-9. :ssued to Duke m-'a====i d Power Company ('4censeej for the

=

o@$

o.ao ,=or update discussion of a need for the facility since the construction permit McGuire Nuclear Station. Unit 1 (the app!! cation. faci!ity) located in Mecklenburg County.

7*, ***_50 North Carolina.This amendment revises

'e w soar This DES is available forinspection the minimum reactor coolant system "C,', by the pub!!c in the Commission's Public flow rate to permit an option for

- sine, uc o. . Document Room at 1717 H Street. N.W., operation at a reduced flow rate (95%)In

• • • • ""^ ' Washington D.C.20555 and in the .

conjunction with a reduced powerlevel Yl=I.".'* Rockford Public Ubrary,215 N. Wyman C*""a Ca* (90%). The amendment is effective as of Street. Rockford. Illinois 61103. De DES its date of issuance, E7 sa. ***

is also being made available at the State C!caringhouse. Dureau of the Budget, ne application for the amendment complies with the standards 'and

$,^,,*

!.Incoln Tower Plaza. 5:4 S. Second requirements of the Atomic Energy Act

• • www Street. Room 315. Springfield. Illinois of 1954, as amended (the Act), and the

• ***'"" 62700. Request for copies:of the DES

, , , , . , Commission's regulalions. ne

- (NUREG-0848) should be addressed to Commission has made oppropriate

• ',=*a

• ' . " . *veas

,, * , , , the U.S. Nuclear Regul 'ry findings as required by the Act and the armoe.= w Commission. Washingt . D.C. 20553,- Commission's regulations in 10 CFR

"**"*' Attention: Director. Tec ical Chapter I, which are set forth in the

""'D.T "*

Information and Document Cont'r ol Heen,se amendment. Prict public notice Interested persons may submit 0.f this amendment was not required

%"O

=== e comments on this DES for the smce the amendment does not involve a

""'"****** Commission's consideration. Federet. significant hazards consideration.

.'."7"ia". '" State, and specified local agencies are We Commission has determined that

• • • '****8 being provided with copies of the DES the issuance of this amendment will not

'8. Y.

^9e=v **e.==

(local agencies may obtain these documents upon request).

result in any significant environmental impact and that pursuant to 10 CFR

.N . - Comments by Federal. State and local officials. or other members of the public 51.5(d)(4) an environmentalimpact statement, or negative declaration and,

'*"'=

" "" received by the Commission will be environmentalimpact appraisal need ar==o=1 made available for gublic inspection at not be prepared in connection with

• "" the Commission's Public Document issuance of this amendmtnt.

Rcom in Washington. D.C. and in the For further deta ts with respect to this Dated .it Wahington. DC this :cth day of Rockford Public 1.ibrary. 215 N. Wyman action see (1) Duke power Company Novembcr 1981. Street. Rockford. !!!inois 61103. letter dated November 11.1981. (2)

Fcr the Nuclear Regulatory Commission. After consideration of comments- Ame mW. . 9 to Fa4 Opuadng Smuel J. Chn, submitted with respect to the DES. the U:ense No. NpF-9 with Appendix A Secmory o/the commission. Commission's staff will prepare a Final ** ** " " " E ' 8 ' * ""I"'

Environmental Statement, the I tra o. ei.wre ni.4 it.wt ass.=t sumo coot rs*wi-u availabdity of which will be published Iust in the Federal Re;ister. Comments are All of these items are available for due by January 18.1982. public inspection at the Commission.a

[ Docket Nos.STN 50-454 and STN 50-4!51 Comments on this report from Pub!!c Document Room.1717 H Street.

Av'ilibility of Draft Environmental e ad d the b l,b should N.W., Washington. D.C and the Atkins atement for Syron Station, Units 1 Regulator) Comsnission . Washington. C at te a n) 'or D.C. 20555. Attention: Director. Division Carolina 08:23. A copy ofitems : and 3

• I UC'"'I"8- may be obtained upon request Stice is hereby given that a Draft Dated at Bethesde. Maryland, this :sth day addressed to the U. S. Nuclear Ens.ronmental Statement (NUREC. Regulatory Corvnission. Washington.

0648) has been prepared by the of November 19st.

{ ' .. .

Federni R;gister / Vcl. 48. N:. 233 / Friday December 4.1981/ Notices Sa351 1 __ _ _ _ _ __

__ _ _ _ -=

.. .y -

• ? For the NucInr Rc;ulatory Commicsion.

c,20535. Attention: Director. Division D.C and at the Rochester Public

'I!.icensing. E2tner C. Adensam. Library.115 South Avenue. Rochester.

LJated at Bethesda. Maryland, thie 23rd day Chiefucensin: Omnch No. 4. Division of New York 14627. A copy ofitems (1) and I.ecensms. (2) may be obtsmed upon request

! .f govember 19st. .

addressed to the U.S. Nuclest yor the Nucteer Regulatory Commission.

. sa.uma coon rsso.es-u Regulatory Commission. Washington.

g,gaor C. Adensam. D.C. 20555. Attention

Direchr. Disision 4 (pelLice Smach No. 4. Division of (Docket No. 50' 2441

• I ' "I' M'#8"'I' Dated at Dethesda, Maryland, this 30th day s Da "'8"' "'d 22-* * '"i Rochester Gas and Efectric Corp.; c.f Nos ember.1 sat. '

s.ame coon me.es-a Issuance of Amendment to Provisional For the Nuclear Regulatory Commission.

[, - Operating License nomas v. wombach.

ne Nuclear Regulatory Commission Actics Chief Operorin:Recaors Emach Na

• C:cket No. 50-414l (the Commission) has issued s. pfri,fo , of f.je,,, fog.

Duke Power Co., et al.;!ssuance of ' Amendment No. 48 to Pruvisional p g, ,.iu.es . .m Amendment to Construction Permit Operating L! cense No. DPR-18 for the R. . go3, ,,,,,

E. Cinna Nuclear Power Plant to Notice is hereby given that the U.S. Rochester Cas and Electric Corporation Nuclear Regulatory Commission (the (the licensee). De Cinna Plant is i ammission) has issued Amendment located in Wayne County, New York. A m et .5b3121 No. 2 to Construction Per nit No. CPPR- ne amendment is effective ss of the 117.The amendment reflects the Sacramento Municipal Ut.*;;f Cistrict; dste ofissuance and !s to be issuance of Amendment to Faci:ity

..ddition of Piedmont hfunicipal Power implemented within CO da)s of 1sency as a new co-owner of the Operating Ll:ense Commission approvalin accordance Catawba Nuclear Station. Unit 2 (the with previsions of to CFR 73.55(b)(4). The U.S. Nuclear Regulatory facility) along with present owners Duke ne amendment adds a license Commission (the Commission) has Power Company and North Carolina condition to include the Commission- Issued Amendmerit No. 37 to Fac21ity St.micipal Power Agency Number One. approved Guard Training and Operating License No. DPR-54. issued to Oake Power Company has sole Qualification P!sn as part of the license. Sacramento hfunicipal Utdity District responsibdily for the design and The !! censed .: filing, as revised, which (the licensee), which revised the license construction of the facility, which is hss been hano!ed by the Conunission as for operation of the Rancho Seco located in York County. South Caro!!na. an application. complies with the Nuc! car Cenerating Statfon (the facuity)

The application for the amendment standards and require, ment = of the located in Sacramento County, complies with the standards and Atomic Energy Act of:1054. s amended California. De amendment is effective requirements of the Atornic Energy Act (the Act), and the Co mission's rules as of its date ofissuance.

of 1954, as smended (the Act), and the and regulations. The mmission has ne amendment modifies the license Commissinn's reguistfons. The made appropriate fin gs as required to include revisions to the previously Commission has made appropriate by the Act and the Columns:on's rules approved Physical Security Plan for the findings as required by the Act and the and regulations in 10 CFR Chapter I, facdity.

Commission's regulations in 10 CFR which are set forth in the license Chapter I. which are set forth in the amendment. Prior public notice of this g g;,,,,,.s filing, which is being amendment was not reqwred since the handled by the Commission as an amendment.

amendment does not involve a application, complies with the standards Print public notice of the amendment .

and requirements of the Atomic Energy -

was not required since the amendment sig '

cy az rdnkOs e rn ned that Act of 1954. as amended (the Act), and does not involve a significant hazards the Commission's rules and regulations.

consideration. the issuance of this amendment wdl not result in any sigmficant environmental ne Comnussion has made appropriste For further details with respect to this findinCs as required by the Act and the action. see (1) the application for the impset and that pursuant to 10 CFR 51.5(d)(4) an environmental impact Commission s rules and regulations in to amendment dated Apnl 8.1931. (2) CFR Chapter I, which are set forth in the statement or negative dec:aration and

.\aiendment No. 2 tn Constru: tion license amendment. Pnor pubhc notice ens ironrnents! impact a ppraisal need Penmt No. C.:l'R-117. c.td (3) the not be prepared in connection with of this amendment was not required Commis.wn s related Safety Evalustion. since the smendment does not involve a issusnee of this amendment.

All 0f thof e items are ava:Isble for The licensee's filings dated Afay 4. si;;mficant hazard: cons:detation.

pubh,c mspection at the Commission's 1981, and July 30.1981. are being The Commission has determined that Public Document Room.1717 H Street. withheld fro n public disclosure the issuance of this smendment wd! not NW., Washmron. D.C. 20555. and at the pursuant to 10 CPR 2J00(d). The result in any significant environmental York County 1.ibrary. 325 South Oakland w ahheld iafermation is subject to impact and that pursuant to 10 CFR

• Avenue. Rock Hdl. South Carolina. In disclosur: m accordance with the 51.5(d)(4) an environmentalimpact addition. a copy of the soove items (2) statement. or negative declaration and provisisns of 10 CFR 912. 8 and (3) may be obtained upon request. For further details with respect to this environmentalimpact appraisal need I addressed to the U.S. Nuclear not be prepared in connection with

!!egulatory Commission. Nashington. action. see (1) Amendment No. 48 to ,

License No. DpR-18. and (2) the issuance of this amendment. .

D C. *0535. Attention: Director. Division Commission's related !ctter to the The licensee's filing dated June 10.

of Licensing. Ofrice of Nuc! car Reactor licensee datcJ November 20.1981. These 1981. as revised September 22.1981. is Reguladon.

, items are avadable for public inspection bemg withheld from public disclosure ,

Dared at Octhesda. Ataryland the 24th day at the Commission's Public Document pursuant to 10 CFR 2JG0(d). He of Nos ember 1981. Room.1717 H Street NW., Washington, withheld information is subject to ,

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