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UNITED STATEE -
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NUCLEAR REGULATORY COMMISSION
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JUL 2 8 ISB2 MEMORANDUM FOR:
William J. Olmstead, OELD FROM:
William C. Parler
SUBJECT:
CONFERENCE AGREEMENT ON "SHOLLY" AND
" TEMPORARY OPERATING LANGUAGE" AUTHORITY (H.R. 2330)
There is attached the language on these subjects on which I understand the conferees have agreed.
Please note that the "Sholly" language calls for implementing regulations to be promulgated "during the ninety-day period following the effective day of this 7
paragraph".
I do not know when H.R.
2330 will finally be reported by the i
conferees.
.This could happen in August, sometimes before the next scheduled (Labor Day) recess.
As you know, once the conference report is filed, passage in each body usually occurs promptly thereafter.
Bill Parler
Attachment:
As stated 8604170385 860327
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0491 PDR
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12
[ July 15, 1982 Agreements)
[ Showing Proposals As Offered at July 15 Meeting with Deletions Agreed to by Conferees. Indicated by Ganeelled Type
.and Ne.w Material greed to by Conferees Indicated by Underlined Type) 1 TEMPORARY OPERATING LICENSES
'2 SEC. 'll. Section 192' of th'e Atomic Energy Act of 1954 3
(42 U;S.C. 2242) is amended to read.as follows:
4
SEC. 192. TEMPORARY OPERATING LICENSE.--
?
5
a.
In any proceeding upon an application for an 6
operating license for a utilization facility required to be t
7
!.icensed under s9etion 103 or 104 b. of this Act, in which a 8
hearing is otherwise required pursuant to section 189 a.,
9 the applicant may petition the ' Commission for a temporary 10 operating license for such facility' authorizing fuel
' ~
11 loading, testing,.and operation at a specific power level to '.
12 be ' deter =ined by the Commission, pending. final action by"the, 13 Cc==ission on the application. The initial petition for a 14 temporary operating license for each such facility, and any 15 temp'orary operating license issued for such facility based 16 upon the initial petition, shall be limited tc power levels
~
17 not to exceed 5 percent of rated full thermal power.
IE Following issuance by the Cor. mission of the temporary
~
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1 operating license for each such facility,,the licensee may 2
file petitions with the Commission to amend the license to 3
allow facility operation in staged increases at' specific 4
power levels., to be deterbine.d hy the Commission, exceeding 5
5 percent of rated full thermal power. The initial petition 6 "for.a temp. orary operating license for each such facility may'
__7, j>,e, filed at any ' time 'af ter the fflidg of: (1.) the report of 8
the Advisory CommiEee '5n Reactor Safeguards required by 9
section 18 b.; (2) the filing of the initial Safety 10 Evaluation Report by the Nuclear Regulatory Commission staff 11 and the Nuclear Regulatory Commission staff's first 3
12 supplement to the report prepared in response to the repor,t 13 of the Advisory Committee on Reactor Safeguards for the i-14 Tacility; (3) the, Nuclear Regulatory Commission staff's 15 final detailed statement on the environmental impact of the 16 facility prepared pursuant to section l'02(2)(C) of the l7 National Environmental' Policy Act of 1969 (42 U.S.C.
18 4332(2)(c)); and (4) a State, local, or utility emergency 19 preparedness plan for the facility. Petitions for the 20 issuance' of a temporary operating license, or for an 21 zoendment to such a' license allowing operation at a specific 22 power level greater than that authorized in the initial 23 te perary operating license, shall be accor.panied by'an 24 affidavit or affidavits setting forth the specific f acts 25 upon which the petitioner relies to justify issuance of the M
O e
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14 1
temporary operating' license or the amendment thereto. The
~2 Com=ission shall publish notice of each such petition in the 3
Federal Register and in such trade or news publications as 4
the Commission deems appropriate to give reasonable notice 5
.to persons who might have a potential interest in the grant 6 aof such temporary operating license or amendment thereto.'
.7 Any person may file affidavits or statements in support of, 8
or in oppositiWn to,-the petition within thirty days after
'9. tie publi' cation of such notice in the Federal Register.
~
10
' 'b.
With. respect to any petition filed pursuant to Il subsection a.
of this section, the commission may issue a
-P 12 temporary' operating license, or amend the license to 13 authorize temporary operation at eac'h specific power level 14 'grea'ter than that authorized in the initial temporary
- t..
15 operating license, as determined by the Commission, upon 16 finding that--
17
' '(1) in all respects other -than the conduct or 18 completion of any required hearing, the. requirements of.
~
19 law are met; 20-
(2) in accordance with' such requirements, there is 21 reasonable assurance that operation of the facility 22
'during the period of the temporary operating license in 23 accordance with its; terms and conditions will provide 24 adequate protection to the public health and safety and 25 the environment during the period of temporary
(
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.f 15; ;
1 operation; and 2
(3) denial of such temporary operating license 3
will result in delay ~between the date on which 4
construction of the facility is sufficiently completed, 5','
in, the judgmint of the'* Commission, to permit issuance of 6-the temporary operating license, and the date when such *
~
7 facility'would otherwise receive.a final operating 8
lic'ense pursuant-- to_this Act.
~
'9 The tempo'rary operating license shall become effective upon
~ 10 issuance and shall contain such terms and conditions as the 11 Commission may deem necessary, including the duration of the 12 license and any provision for the extension thereof. Any 13 final order authorizing the issuance or amendment of any 14
' temporary operating lice.nse pursuant to this section shall 1
15 recite with specificity the facts and reasons justifying the
~
16 findings under this subsection, and shall be transm'itted ""
17 upon such issuance to the Committees on Interior and Insular
~
18 Affairs and Energy and Commerce of the House of 19' Representatives and the Committee on Environment and Public 20 Vorks of the Senate. The final order.of the Commission with 21 respect to the issuance or amendment of a temporary 22 operating license shall be subject to judicial review 23 pursuant to chapter 158.of title 28, United States Code. The 24 recuirements of section 189 a.
of this Act with respect to 25 the issuance or amendment of facility licenses shall not
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p 16 1
apply to the. issuance or amendment of a te=porary operating 2
license under'this section.
3
' ' c. Any hearing on the application for the final 4
operating license for a facility required pursuant to 5
section 189 a. shall be coiicluded as promptly as 6.. practicable. The Commission shall suspend the temporary 7
operating'Tidense if it finds that the applicant is not B
prosecuting-the-appi,1c.ation for the final operating license 49 with due diligence. Issuance of a temporary operating
' - 10 licens.e under subsection b. of this section shall be without 11 prejudice to the right of any party to raise any issue in a 12 hearing requirei pursuant to sect' ion 189 a.; and failure to 13 assert any ground for de.nial or limitation of a temporary 14
' operating license. shall not bar the assertion of such ground t.,
15 in connection with the issuance of a subsequent final 16 operating license. Any party to a hearing required pursuant
~
17 to section 189 a. on the final operating license for-a 18 facility for which a temporary operating license has been 19 issued under subsection b., and any member of the Atomic
20 Safety and Licensing Board conducting such hearing, shall 21 pro =ptly notify the-Commission of any information indicating 22 that the terms and conditions of the temporary operating 23 license are not being met, or that such terms and conditions 24 are not sufficient to comply with the provisiens of 25 paragraph (2) of subsection b.
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d. The Commission is authorized and directed to adopt
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2 such administrative remedies as the Commission deems 3
appropriate to minimize the n.eed for issuance of temporary 4
operating licenses pursurn,t to this,section.
5.'
' 'e. The authority to issue new temporary operating 6 ' licenses under this section shall expire on December 31,'
,7 1983..*-
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.[SHOLLY'8]
8 OPERATING llCENSE AMENDMENT HEARINGS 9
SE'C. 12. (a) Section 189 a. of the Atomic E' ergy Act of n
10 1954 '(42 U.S.C.~2239(a)) is amend,ed--
11 (1) by inserting
(1)
after the subsection i
12
, designation; and s
13 (2) by adding at the end thereof the following new 14 paragraph:
15
(2)(A) The Commission may issue and make immediately 16 effective any amendment to an operating license, upon a 17 determination by the Commission that such amendment involves 18 no significant hazards consideration, notwithstanding the 19 pendency before the Commission of a request for a hearing 20 from any person. Such amendment may be issued and made 21 immediately effective 1n advance of the holding and 22 completion of any required hearing. In determining under 23 this section whether such ameniment involves no significant
[
c 18 1
hazards consideration, the.Com=ission shall consult with the
'2 State in which' the facility involved is located. In all 3
other respects such amendment shall meet the requirements of.
4 this Act.
5
' '(B) The Co==ission sEall periodically (but not less 6
frequently than once every thirty days) publish notice of
.7 any amendments issued, or proposed to be issued, as provided 8
in subparagraph-(A37-Each such notice shall include all
'~
9.mmendment's issued, or proposed to be issued, since the date
~ ~ 10 of publication of the last such peri. odic notice. Such. notice 11 shall, with respect to each amendment or proposed amendment 12 (i) identify the facility involved; and (ii) provide a'brief 13 description of such amendment. Nothing in this subsection shal'1 be constru{d to delay the effective date of any 14 15 amendment.
16
(C) The Commission shall,* during the ninety-day peri $d 17 following the effective date of this paragraph, promulgate
'~
18 regulations, establishing (i) standards for determining 19 whether any amendment to an operating license involves no 20- significant hazards consideration; (ii) criteria for 21 providing or, in edtrgency situations, dispensing with prior 22 notice and reasonable opportunity for public comment on any 23 such determination, which criteria shall take (ntoaccount 24 the exigency of the need"for the amendment involved; and 25 (iii) procedures for consultation on any such determination
r 19 1
with the State in which the facility involved.is located..
2' (b) The authority of the Nuclear Regulatory Co==ission, 3
under the provisions of the amendment made by subsection 4
(a), to issue and to make immediately effective any 5
,a= en ds,en t to an operating Iicense shall take effect upon the 6
promulgation by the Co==ission of the regulations required 7
in such prTvisions.
8
-QUALITY ASSURANCE 9
SEC. I'3. (a) The Nuclear Regulatory Commission is
. 10 authorized nd directed to implement and accelerate the 11 resident insp tor program so as to assure the assignemnt of 12 at least one res ~ dent inspector by the end of fiscal year 13 1982 at each site.
which a co=mercial nuclear powerplant 14 is dnder constructio nd construction is more than 15 15 percent co=plete.'At ca such site at which construction is 16 not more than 15 percent c plete, the commision sh'all 17 provide that such inspection ersonnel as the Commissions 18 deems appropriate shall be phy ally present at the site at 19 such times following issuance of e construction permit as 20 cay be necessary in the judgement o he Commission 21 e e r.me r c i a l-nu e l e e r - p ew e rp i en t - s i t e - e t -
feh-there-ere-22 constructien-activities-that-are-engeing-as-determined-by-23 th e-Cee.is s i oni-end - fe r,-whi e h-e - e en s t r u c tien - p e rr.i t-is -
24 r equi re d pu rsuan t-te-the -At er_ie - Ene rgy - Ae t-e f 0 54.
study of e. isting and 25 (b) The Corr.ission shall conduct a
(,
g g.2 pg 12
[ July 15, 1982 Agreements)
[ Showing Proposals As Offered at July 15 Meeting with Deletions Agreed to by Confere s. Indicated by Gancelled Type
.and Ne.w Material greed to by Conferees Indicated by
~
Underlined Type)
~.
1 TEMPORARY OPERATING LICENSES
'2 SEC. 'll. Section 192 of th'e Atomic Energy Act of 1954 3
(42 U.S.C. 2242) is amended to read.as follows:
4
SEC. 192. TEMPORARY OPERATING LICENSE.--
5
a.
In-any proceeding upon.an application for an 6
operating license for a utilization facility required to be
~
7 licensed under section 103 or 104 b. of this Act, in which a 8
hearing is otherwise required pursuant to section 189 a.,
9 the applicant may petition the ' Commission for a temporary 10 operating license for such facility' authorizing fuel 11 loading, testing,.and operation at a specific power level to.
12 be determined by the Commission, pending. final action by the 13 Co= mission on the application. The initial petition for a 14 temporary operating license for each such facility, and any 15 temporary operating license issued for such facility based 16 upon the initial petition, shall be limited tc power levels
~
17 not to exceed 5 percent of rated full thermal power.
15 Following issuance by the Cornission of the temporary
NRC8283
~
13 1
operating license for each such facility,the licensee may 2
file petitions with the Commission to amend the license to 3
allow facility operation in staged increases at ' specific 4
power levels-, to be determ1ne.d hy the Commission, exceeding 5
5 percent of rated full thermal power. The initial petition 6 'for.a temporary operating license for each such facility may'
'. ~ -
. 7. Jte filed 'at any time af ter the fflidg of: (1) the report of 8
the Advisory Committee 5n Reactor Safeguards required by 9
section 182 b.; (2) the filing of the initial Safety Evaluation Report by the Nuclear Regulatory Commission staff 10 11 and the Nuclear Regulatory Commission staff's first 12 supplement to the report prepared in response to the repor,t 13 of the Advisory Committee on Reactor Safeguards for the 14 Tacility; (3) the Nuclear Regulatory Commission staff's 15 final detailed statement on the environmental impact of the
~
16 facility prepared pursuant to section 102(2)(C) of the l'7 National Environmental' Policy Act of 1969 (42 U.S.C.
18 4332(2)(c)); and (4) a State, local, or utility emergency 19 preparedness plan for the facility. Petitions for the 20 issuance' of a temporary operating license, or for an 21 amendment to such a license allowing operation at a specific 22 power level greater than that authorized in the initial 23 tempcrary cperating license, shall be accompanied by'an 24 a f fidavi t or affidavits setting forth the specific facts 25 upon which the petitioner relies to justify issuance of the
~
4
.mme-w, 14 1
temporary operating' license or the amendment thereto. The Commission shall publish notice of each shch petition in the 2
3 Federal Register and in such trade or news publications as 4
the Commission deems appropriate to give reasonable notice 5
.to perpons who might have i potential interest in the grant 6 aof such temporary operating license or amendment thereto.'
~,_
7 Any person ma'y file affidavits or statements in support of, 8
or in oppositr0n tor-the ' petition within thirty days after
~9 the publi' cation of such notice-in the Federal Register.
10
b. With. respect to any petition filed pursuant to 11 subsection a. of this section, the Commission may issue a
?
12 temporary' operating license, or amend the license to 13 authorize temporary operation at eac'h specific power level 14 'grea'ter than that authorized in the initial temporary t.
15 operating license, as determined by the Commission, upon 16 finding that--
17
(1) in all respects other than the conduct or 18 complet, ion of any required hearing, the. requirements of 19 law are met; 20-
(2) in accordance with such requirements, there is 21 reasonable assurance that operation of the facility 22
'during the period of the temporary operating license in 23 accordance with its terms and conditions will provide 24 adequate protection to the public health and safety and 25 the environment during the period of temporary
(
nacceca 15 operation; and '
1 2
(3) denial of such temporary operating license 3
will result in delay between the date on which 4
construction of the facility is sufficiently completed, 5
in,the judgmint of the,, Commission, to permit issuance of 6-the temporary operating license, and the date when such '
7 facility'would otherwise receive.a final operating 8
lic'ense pursuant-to this Act.
'9 The temporary operating license shall become effective upon 10 issuance and shall contain such terms and conditions as the 11 Commission may deem necessary, including the duration of the 12 license and any provision for the extension thereof. Any 13 final order authorizing the issuance or amendment of any 14
' temporary operating license pursuant to this section shall 1
15 recite with specificity the facts and reasons justifying the
~
16 findings under this subsectionf and shall be transm'itted ~~
17 upon such issuance to the Committees on Interior and Insular
~
18 Affairs and Energy and Commerce of the House of
^
19 Representatives and the Committee on Environment and Public 20 Vorks of the Senate. The final order of the Commission with 21 respect to the issuance or amendment of a temporary 22 operating license shall be subject to judicial review 23 pursuant to chapter 158 of title 28, United states code. The 24 requirements of section 189 a. of this Act with respect to 25 the issuance or amendment of facility licenses shall not 4
16 1
apply to the. issuance or amandment of a temporary operating 2
license under'this section.
3
c. Any hearing on the application for the final 4
operating license for a facility required pursuant to 5
section 189 a.
shill be cois*cluded as promptly as 6.. practicable. The Commission shall suspend the temporary 7
operating ['Tidense if it finds that the applicant is not 8
prosecuting-the-appi,ication for the final operating license 9
with due diligence. Issuance of a temporary operating 10 Meens.e under, subsection b. of this section shall be without 11-prejudice to the right of any party to raise any issue in a 12 hearing required pursuant to sect' ion 189 a.; and failure to 13 assert any ground for denial or limitation of a temporary 14 bperating license. shall not bar the assertion of such ground 1
15 in connection with the issuance of a subsequent final 16 operating license. Any party to a hearing required pursuant 17 to section 189 a. o.1 the final operating license for a 18 facility for which a temporary operating license has been 19 issued under subsection b., and any member of the Atomic 20 Safety and Licensing Board conducting such hearing, shall 21 promptly notify the Commission of any information indicating 22 that the terms and conditions of the temporary operating 23 license are not being met, or that such terms and conditions 24 are not sufficient to comply with the provisiens of 25 paragraph (2) of subsection b.
1 e
F~
bxLczos 17 1
d.
The Commission is authorized and directed to adopt 2
such administrative remedies as the Commission deems 3
appropriate to minimize the need for issuance of temporary 4
operating licenses pursuKn,t to thi.s,section.
5
e. The authority to issue new temporary operating 6
licenses under this section shall expire on December 31,'
7 19 83. ' '. -
~
[SHOLLY)
OPERATING LICENSE AMENDHENT HEARINGS 8
9 SE'C. 12. (a) Section 189 a. of the Atomic E' ergy Act of n
10 1954 (42 U.S.C. 2239(a)) is amend,ed--
11 (1) by inserting
(1)
after the subsection 12
, designation; and s
13 (2) by adding at the end thereof the following new 14 paragraph:
15
(2)(A) The Commission may issue and make immediately 16 effective any amendment to an operating license, upon a 17 determination by the Commission that such amendment involves 18 no significant hazards consideration, notwithstanding the 19 pendency before the Commission of a request for a hearing 20 from any person. Such amendment may be issued and made 21 immediately effective in advance of the holding and 22 completion of any require,d hearing. In determining under 23 this section whether such amendment involves no significant
~
4
w s 18 1
hazards consideration, the. Commission shall consult with the
'2 State in which' the facility involved is located. In all 3
other respects such amendment shall meet the requirements of.
4 this Act.
~
5
(B) The Commission sEall periodically (but not less 6
frequently than once every thirty days) publish notice of
~
7 any amendments issued, or proposed to be issued, as provided b subparagraph-(A);-Each such notice shall include all 8
9 ; amendment's issued, or proposed to be issued, since the date 10 of publication of the last such periodic notice. Such. notice 11 shall, with respect to each amendment or proposed amendment 12 (i) identify the facility involved; and (ii) provide a brief 13 description of such amendment. Nothing in this subsection shal'1 be construpd to delay the effective date of any 14 15 amendment.
16
(C) The Commission shall,' during the ninety-day peridd 17 following the effective date of this paragraph, promulgate
~~
18 regulations, establishing (i) standards for determining 19 whether any amendment to an operating license involves no 20- significant hazards consideration; (ii) criteria for 21 providing or, in emergency si tua tions, dispensing with prior 22 notice and reasonable opportunity for public com. ment on any 23 such determination, which criteria shall take into account 24 the exigency of the need"for the amendment involved; and 25 (iii) procedures for consultaticr. on any such determination
V 19 I
with the State in which the facility involved.is located..
2' (b) The authority of the Nuclear Regulatory Commission, 3
under the provisions of the amendment made by subsection 4
(a), to issue and to make immediately effective any 5, amends,en t to an operating Iicense shall take effect upon the 6. promulgation by the Commission of the regulations required 7
in such provisions.
8 QUALITY ASSURANCE l
9 SEC.'I'3. (a) The Nuclear Regulatory Commission is 10 authorized nd directed to implement and accelerate the 11 resident insp tor program so as to assure the assignemnt of 12 at least one res dent inspector by the end of fiscal year 13 1982 at each site which a commercial nuclear powerplant 14 is dnder constructio nd construction is more than 15 15 percent complete.'At ca such site at which construction is 16 not more than 15 percent c plete, the Commision sh'all I
suchinspection\\ersonnelastheCommissions
~
17 provide that 18 deems appropriate shall be phy ally present at the site at 19 such times following issuance of e construction permit as 1
l 20 may be necessary in the judgement o he Cocmission 21 e emm ere s e l-r.n e le e r-p ew e rpl an t - s i t e - e t -
ich-there-are-22 constreetien-activities-that-are-enseing-as-determined-by-23 t h e - Ger _e.i s s i o n i - a nd - f e r -wh i e h - e - e e n s t r u c t i e n - p e rmi t - i s -
24 required-pu rsuant-to-the-Atemit -Energy-Ae t-e f C54.
study of e. isting and 25 (b) The Co:r.ission shall conduct a
. _ _.. _ _ _ _