ML20205K760

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Advises That Encl Proposed Rule Package for Signature Would Extend from 881004 to 900404 Implementation Schedule for Stabilization & Decontamination Priority & Trusteeship Provisions of Property Insurance Rule,Per 10CFR50.54(w)
ML20205K760
Person / Time
Issue date: 08/01/1988
From: Murley T
Office of Nuclear Reactor Regulation
To: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML19321B636 List:
References
FRN-53FR36338, RULE-PR-50 AC94-1-03, AC94-1-3, NUDOCS 8811010339
Download: ML20205K760 (1)


Text

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N'1 PbR MEf10RANDUM FOR:

Victor Stello, Jr.

AUG 1 13(3 Executive Director for Operations FROM:

Thomas E. Murley, Director Office of Nuclear Reactor Regulation

SUBJECT:

NEGATIVE C0tiSENT PROPOSED RULE Old EXTENDING THE

!!!PLEMENTATION PERIOD FOR CERTAIN PROVISIONS OF THE PROPERTY INSURANCE RULE The enclosed proposed rule package for your signature would extend from October 4,1988 to April 4,1990 the implemmtation schedule for the stabilization and decontamination priority and trusteeship provisions of the property insurance rule promulgated last year in 10 CFR 50.54(w). These provisions require, in part, that insurance proceeds be paid to an independent trustee to forestall any conflicting claims by the bondholders' trustee. OGC recommended inclusion of the trusteeship provisions shortly before final consideration of the rule last year by the Comission. As such, the insurers were not offered an opportunity to comment on the mechanics and logistics (nor, for that matter, the efficacy) of incorporating these trusteeship provisions into the policies that they offer reactor licensees.

The insurers now indicate that they will be unable to incorporate the stabilization and decontamination priority and the trusteeship provisions into their policies by the time required in the rule.

The result will be that, if the implementation period is not extended, all power reactor licensees will be in non-compliance with il50.54(w)(3) and (4) as of October 4, 1988.

In addition to preventing a non-compliance situation, extending the implementation period will also give the Comission time to consider three related petitions for rulemaking which address the efficacy of the trusteeship provisions and seek clarification of the stabilization and decontamination priority.

The NRR contact for this matter is Robert Wood (x-21280).

Note that OGC has no legal objection to the extension.

.gunal signed D7 prann J. Eireglia Thomas E. Murley, Director Office of Nuclear Reactor Regulation

Enclosure:

As stated m

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