ML20207R690
| ML20207R690 | |
| Person / Time | |
|---|---|
| Issue date: | 03/18/1987 |
| From: | Cardile F NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20206T154 | List: |
| References | |
| FRN-52FR1292, RULE-PR-30, RULE-PR-40, RULE-PR-50, RULE-PR-61, RULE-PR-70, RULE-PR-72 AC16-2-01, AC16-2-1, NUDOCS 8703180026 | |
| Download: ML20207R690 (1) | |
Text
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IU BRANCH July 18, 1986 FYC 86-010 CIA 86-139 Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Attention:
Docketing and Services Branch
Subject:
Comments Pertaining to Propo6*d Rule (10CFR, Parts 30, 40, 50, 61, 70, and 72), Regarding Bankruptcy. Filing Notification Requirements (FR Doc. 86-13998)
Dear Sir Yankee Atomic Electric Company (YAEC) appreciates this opportuni:y to comment on the proposed. rule regarding Bankruptcy Filing Notification requirements. YAEC owns and operates the Yankee nuclear power plant in Rowe, Massachusetts. Our Nuclear Services Division also provides engineering and licensing services for other nuclear power plants in the Northeast, including Vermont Yankee, Maine Yankee, and Seabrook.
The proposed rule reflects an assumption that the act of filing a bankruptcy petition affects a licensee's ability to safely handle licensed radioactive material and/or manage a nuclear power plant. This assumption is incorrect for a utility, because by law, utilities are permitted to collect revenues to cover operating expenses together with reasonable return on stockholders' investment. Handling of radioactive material certainly wolfld come under the heading of operating expenses and, therefore, would be protected from interruption. In fact, the filing of a bankruptcy petition may very well enhance a utility's financial position because filing protects.the utility _fromateditors. Such protection, where necessary, could well provide a mantle of calm and restraint which would enable a more reasoned approach to management than may have been possible under the extreme circumstances of a bankruptcy filing.
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i U.S. Nuclear Regulatory Commission July 18,1986 Attention: Docketing and Research Page 2 I
This change in reporting is not supported by the regulatory analysis presented. The background presented in the statement of consideration clearly relates to non-utility,Jaco-power _reactordicanate c_ircumstances. The f,
analysis concludes that such an additional report is justified for non-power 1
reactor licensees and asterials facilities, and should, therefore, be imposed on utilities for "cocaistenc1". Consistency of reporting requirements between i
fundamentally _different_ types _of_licenseesidoes not_seea_to be a' reasonable basis for this aaw.leguirement.
Under this proposal, the NRC would be further involved in utility _
financial matters which more properly ~ belong with agencies such a~s the Federal Energy Regulatory Commission or the State Public Utility Commission. This entire issue of NRC_involyamant =d financial management is a complex one involving rates, bankruptcy lews, and the respective responsibility of federal i
agencies. The NRC should approach this entire matter very cautiously.
The NRC already possesses several means of monitoring a utility licensee's financial condition which provides a greater likelihood of timely advance notice than that proposed. Certified financial statements are
.l currently submitted by licensees to the NRC in conformance wiTh
10CFR50.71(b). The NRC staff could review these reports and trend then looking for significant financial problems. In addition, utt'11ty licensees I
are publicly held companies which issue securities on the open market. These are routinely rated by various credit agencies and anyone can, thus, monitor l
the financial condition.,
We believe that this proposed rule is not appropriate for nor should it apply to utility licensees.
Very truly yours, D. W. Edwards Industry Affairs DWE/hja e
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Department of Human Resources
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BRANC*i l
July 18, 1986 Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attn: Docketing and Services Branch l
This letter is in response to proposed rule change by the Nuclear Regulatory Commission for 10CFR Parts 30, 40, 50, 61, 70 and 72 entitled Bankruptcy Filing: Notification Requirements.
This notice was filed in the Friday, June 20, 1986 Volume 51, No. 119, Federal Register.
l The State of Oregon agrees with this proposed rule change. As an Agreement State Oregon is willing to go through the rule changing process to make it,s rules compatible with NRC's if this proposed l
rule is promulgated.
l Since rely,
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)Cu ktG Y Ray D. Paris Manager Radiation Control Section RDP:ved AN EQUAL OPPORTUNITY EMPLOYER Mad ng A(kiress P O Don 231, Portland. Oregon 97207 7
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.luly 18,1986 Secretary of the Commission U.S. Nuclear llegulatory Commission Washington, D.C. 20555 Attn: Docketing and Services llranch lle: Proposed ttule Concerning 11ankruptcy Filing Gentlemen:
The Louisiana Nuclear Energy Division has reviewed the Proposed flule relative to Ilankruptcy Filing; Notification itequirements.
The Division finds itself in agreement with the need for the proposed rule and the method of implementation.
Thank you for the opportunity to comment on this mattere Sincerely, Y
William it. Spel4, Administrator Nuclear Energy Division
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July 17,1986 BRANCH Secretary U.S. Nuclear Regulatory Commission Washington, D.C.,
20555 Attention:
Docketing and Service Branch Re:
Bankruptcy Filing Notification Requirements To Whom It May Concern:
Your proposal is that any individual with a license filing bankruptcy would be unable,due to the severe financial conditions, to have the ability to handle li-censed radioactive material and the NRC must be notified so that appropriate measures to protect the public health and safety can be taken.
Be advised we are against such a proposal as again this affects only physicians.
If this law would af fect engineers, plumbers, carpenters, and all trades, then it would be a f air and applicable piece of legislation.
As it stands now, this appears to be discriminatory, voluminous regulations.
Sincerely, l
/ A..c /a. Jonathan J. W;/ yd.6egyn#&c obbagy, M.D., Inc.
. / Director of Radiology JJY/sr l'
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Secretary, U.S. Nuclear Pegulatory conmission Washington, D.C.
20555 Attn: Docketing and Services Bmnch Sir:
I am in favor of your proposed rule regarding notification to the.NRC of a Chapter 11 filing by a licensee. As RSO of a company which has only re-cent 19 energed fmm Chapter 11 status, I am familiar with the personnel and cash flow shortages which could contribute to a potential mdioactive source disposal problem.
I have also spoken to representatives of a few companies which have proceeded from bankruptcy to dissolution and wish to sell various exposure devices. In one of these cases, I did not feel that the representa-tive adequately appreciated the licensing amendmnts involved in transferring ownership, and I wondered if other such sales might be occurring without adequate docynentation.
I was appalled to note in your June 20,1986 " Proposed Rules" that a licensee chose to abandon mterial mther than pmperly dispose of it. I work in a steel foundry, which buys semp from various suppliers. I am sure you are aware of the mdioactive sources mixed in with the scrap at Aubum Steel (SSINS #6825), and Milton Manufacturing Co. Abandoned licensed mterial be-ccrms a mjor hazard to foundries, should it becom mixed in with semp mterials.
i In conclusion, I feel that there is a definite risk involved and that your proposed rule is entirely justified.
Peopectfully yours, N4
- 01 O T. A. Bruzo Minneapolis Electric Steel Castings nm i
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[d;hk**o M M ~A COLORADO DEPA I)A1310F HEALTH Richard D. Lamm y
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l July 24, 1986 Secretary U.S. Nuclear, Regulatory Commissioni Washington, D.C.
20555 Attention: Docketing and Services Branch
Dear Sir:
Colorado supports the proposed amendments to 10 CFR Parts 30, 40, 50, 61, 70 and 72 concerning bankruptcy filing.
Colorado has had several cases where, as a
result of bankruptcy, radioactive material has been transferred to unauthorized users and/or abandoned.
We believe the proposed amendments may help to reduce this problem.
Sincerely,
,1f6 bert J.
zie, Director Radiation Control Division AJH/WJ/ms cc:
G. Wayne Kerr, OSP/NRC l
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'85 AUG -4 P4 :18 Robert Bernstein, M.D., F.A.C.P.
1100 West 49th Street Robert A. MacLean, M.D.
Commissioner Austin, Texas 78756-3189 Deputy Commissioner (512)458-8tf1CE OF Shtt:.iAtf Y Professional Services 00CKETING A StkvlCI.
Hermas L. Miller l
Radiation Control BRANCH Deputy Commissioner (512)835-7000 Managementand Administration July 30, 1986 Secretary ATTN: Docketing and Service Branch U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Dear Sirs:
On June 20, 1986, notice was published in the Federal Register (51 FR 22531) of proposed amendments concerning notification of bankruptcy filings.
We are in total support of these proposed rule changes. Bankruptcies have caused this Agency untold amounts of time and effort because in most cases in the past, we have learned of bankruptcy long af ter the action was filed.
As a result, we have of ten found radioactive material in the physical possession of unknowing landlords, bankers, and Federal bankruptcy judges.
Being alerted to the filing of a bankruptcy petition at the time it occurs rather than several weeks or months af terwards will allow the Commission to take timely and appropriate actions.
You
- truly,
'f du David K. Lacker, Chief Bureau of Radiation Control cc:
G. Wayne Kerr Agreement States
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(6'S' '55-3 00 CKETIhG A Sgyy Law Department BRANCH July 30, 1986 Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D. C.
20005 Attention:
Docketing and Services Branch Re:
Bankruptcy Filing; Notification Requirements Gentlemen:
In the Federal Register for June 20, 1986 NRC published a proposed rule that would occasionally require an NRC licensee to notify the agency of the inception of a bankruptcy proceeding.
It is speculated that such a requirement might contribute to public safety.
On a merely editorial level, GA observes that the published summary, background information, and proposed rule amendments nowhere specify that the licensee subject to the new requirement must be enmeshed in a bankruptcy as a debtor.
In all common sense, that must be approximately what NRC intends, but literally a creditor also is
" involved" in a bankruptcy when its debtor takes action under Title 11 or suffers action taken against it by some creditor.
Therefore, we suggest NRC clarify that the involvement which stirs the June 20 proposal is involvement as a debtor.
No licensee should have to worry about whether it is required to notify NRC when one of its debtors files a petition in bankruptcy and lists the licensee as a creditor.
The structure of the proposed new rules is essentially as follows:
"Each licensee shall notify.
[NRC]
of a voluntary or involuntary petition for
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Secretary of the commission Page Two July 30, 1986 bankruptcy.
by or against (i) A licensee."
Surely that must be a clerical error, and NRC must mean that "Each licensee shall notify of a bankruptcy proceeding by or against (i) the licensee.
Very truly yours,
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ames P.
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