ML20155D563

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Affirmation Response Sheet Approving,As Modified in Encl, SECY-83-16B Re Revised Regulations to Implement Legislation on Temporary OL Authority & NSHC (Sholly amend),SECY-83-16 & SECY-83-16A
ML20155D563
Person / Time
Site: 05000000
Issue date: 03/09/1983
From: Palladino N
NRC COMMISSION (OCM)
To: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20150F521 List:
References
FRN-45FR20491, RULE-PR-2, RULE-PR-50 AA61-2-121, NUDOCS 8604170364
Download: ML20155D563 (5)
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. RESPONSE SHEET o

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SAMUEL J. CHILK) SECRETARY OF THE COMMISSION FROM:

CHAIRMAN PALLADIN0

SUBJECT:

SECY-83-163 - REVISED REGULATIONS TO IMPLEMENT LEGISLATION ON (1) TEMPORARY OPERATING LICENSING AUTHORITY AND (2) NO SIGNIFICANT HAZARDS CONSIDERATION (THE "SHOLLY AMENDMENT")

- SECY-83-16 AND 83-16A APPROV!$

DISAPPROVED ABSTAIN ~

NOT PARTICIPATING REQUEST DISCUSSION COMMENTS:

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2 45FR20491 PDR SECRETARIAT NOTE:

PLEASE ALSO RESPOND TO. AND/OR COMMENT ON OG MEMORANDUM IF ONE HAS BEEN ISSUED ON THIS PAPER.

NRC-SECY FORM DEC. 80 t

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clearly contemplate that t, e procedural framework is both useful and needed h

to govern the.Comission's actions in exercising the new authority and to preserve for the public its right to participate in licensing ' decisions.

i Proposed Subpart C to 10 C.F.R. Part' 2

Procedures Under Section 192 for tne Issuance of Temporary Operating Licenses."

Subpart C would simply add procedural requirements to 10 C.F.R. Part 2 needed to implement the temporary operating licensing authority in section 192 of the Act as provided for in a new i 50.57(d) of 10 C.F.R. Part 50. Unlike the hearing process on the final operating license, the temporary operating licensing process would be subject neither to the hearing requirements of section 189a. of the Act nor to the requirements of subparts A or all the requirements of subpart G of the Rules of Practice in

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10 C.F.R. Part 2.

However, certain sections of subpart G would be applied to-resolve needless controversy about such items as the filing of papers, service on parties, and so on. These are 10 C.F.R. 6 2.701, 2.702 and 2.708 - 2.712, relating to service and filing of documents,' maintaining

. a docket, and time computations and extensions; i 2.713, relating to appearance and practice before the Comission; i 2.758, generally prohibiting challenges to the Comission's rules; and i 2.772, generally granting the Comission's Secretary the authority to rule on procedural matters.

It should be noted that 10 C.F.R. 6 2.719 and 2.780, relating to separation of functions and ex parte comunications, would not apply. This would mean that the Comission's staff, applicants and intervenors would be free to contact individual Comissioners as well as the Comission's Office of General Counsel and Office of Policy Evaluation.ko argue their respective positions A L.

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3 on the temporary operating license.

The Comission is sens'itive to the concern h

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.y that infomal contacts 'should not be extensive and that they should not result

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g in sionificant data or argument that is both relied on by the Comission A

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% ! in its temporary operating licensing decision and unavailable to the parties for coment before the decision.

It'will separate ex parte contacts in the I

withrespectto) 6 lin the area of temocrarv operatina licensina from thos

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N 6 operating licensing proceedings and attenpt to ensure that such contacts do not contaminate operating licensing proceedings. The Comission's decision s

ij not to apply separation of functions and ex parte rules to temporary

' < $ oerating licensi is. based on the belief that operating licensing and

' tM temporary operating licensing proceedings on a given plant 'are separate I/ proceedings for the purpose of application of the femal hearing reauirements of the Administration Procedure Act (ApA).

The amendment to section 192 of

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the Atomic Energy Act (Act) states that section 189a. of the Act does not acoly to a temporary operating licensing proceeding; thus, if section 189a.

' does not apply, then the APA's femal hearing reauirements do 'not apply

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Consecuently, the Commission',s consideration of private

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>t Am th w rrn M R ; cc:munications with the parties in 4 temporary operating licensing ql oroceeding would nok revent the Comission from eventually edn'sidering, as

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,f necessary, issues arising from the operating licensing proceeding.'l In this c'ntext, it bears mention that the Conference Committee noted that, under o

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[. h section 192, the Comission cannot issue a temporary operating license e

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"all significant safety issues specific to the facility in question have been l

[S resolved to the Comission's satisfaction."

See Conf. Rep. No.97-884, 97th 5E Cong.. 2d Sess. 35 (1982).f f%/lsr, &~EllW92- /Wf WrS -/hstI cny g

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[7590-01]

NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 Standards for Detemining Whether License Amendments Involve No.Significant Hazards Considerations AGENCY:

Nuclear Regulatory Comission.

ACTION:-

Interim final rule.

SUMMARY

Pursuant to Public Law 97-415, NRC is amending its regulations to specify standards for detemining whether requested amendments to operating licenses for certain nuclear power reactors. nd testing facilities involve no significant hazards considerations. These standa.!<.will help NRC in its

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evaluations of these requests.

Research reactors are not covered.

The Comission specifically requests EFFECTIVE DATE:

Coments received after coments on this interim final rule by this date will be considered if it is practical to do so, but assurance of consideration cannot be given except as to coments received on or before this date.

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30 days following publication in the FEDERAL REGISTER. This' footnote will be deleted after the Comission has acted.

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J te-invelve-a-s4gniffeant-hazards-eensideratien3-aeserdinglys-a-new-example (v444)-has-been-added-te-the-14st-ef-examples-48-5-59,92(b}{1}-te-make elear-that-a-rerasking-ef-a-spent-fuel-sterage-peel-sheuld-be-treated-4n the-same-way-as-an-example-eens4dered-14kely-te-invelving-a-s4gnif4eant 1

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44-wswid-take-the-ferm-ef-a Ehybrid"-hear 4Rgr has been providing, as a matter of oublic interest, prior notice and an opportunity for a prior hearin'g on amendment reouests involving this issue. As explained in the i

separate FEDERAL REGISTER notice, it will continue to offer prior notice for public coment of these and other amendment reouests.

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prepared to say, though, that a reracking of a spent fuel storage pool ko sb l's 7.ai d ne ue wth Ms= = ^ - e% c -... :ind l

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^J likely or not likely to involve a significant hazards consideration.

Each such amendment reouest should be treated with respect to its own intrinsic circumstances, using the standards in 4 50.92 of the rule to make a judoment about significant hazards considerations.

Consecuently, the Commission has decided not to include reracking of a spent fuel storage pool in the list of examples or in the rule.

If it does determine that a particular reracking involves significant hazards considerations, it will provide an opoortunity for a orior hearing, as explained in the separate FEDERAL REGISTER notice.

Additionally, it should be noted that Y

under section 134 of the Nuclear Waste Policy Act of 1982, an interested party may reouest a " hybrid" hearing rather than a fonnal adjudicatory hearing in connection with reracking, and may participate in such a hearing, if one is held.

The Comission will publish in the near future a FEDERAL e

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