ML20207R786
| ML20207R786 | |
| Person / Time | |
|---|---|
| Issue date: | 09/19/1986 |
| From: | Cunningham R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Shao L 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 AC16-2-13, NUDOCS 8703180134 | |
| Download: ML20207R786 (3) | |
Text
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,8 o NUCLEAR REGULATORY COMMISSION D -l wAsMiwoTow, p. c. 2osas l
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\ 'b) l MEMORANDUM FOR: Lawrence C. Shao, Deputy Director Division of Engineering Safety Office of Nuclear Regulatory Research FROM: Richard E. Cunningham, Director Division of Fuel Cycle and Material Safety Office of Nuclear Material Safety and Safeguards
SUBJECT:
FINAL RULE AMENDMENTS TO 10 CFR PARTS 30, 40, 50, 61, 70, AND 72 REQUIRING LICENSEES TO NOTIFY NRC OF CASES OF BANKRUPTCY FILING We concur in the final rule amendments forwarded by your memorandum of September 9, 1986. Minor changes which we propose in a portion of the response to the electric utility coment are mar $ed on the enclosed pages.
ichard E. Cunningham, Director Division of Fuel Cycle and Material Safety
Enclosure:
Federal Register Notice Pages 5 and 6 l
l 8703180134 870318 PDR PR 30'52FR1292 PDR ,
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[7590-01)
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lT The comment letter from the electric utility licensee indicated
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' opposition to the rule as it applies to 10 CFR Part 50 licensees for the following reasons: the regulatory analysis supporting the rule relates to non-utility licensees and applying it to utilities for the sake of i I
l consistency is an inadequate basis for the Part 50 amendment; it is an incorrect assumption that the act of filing a bankruptcy petition affects' l a utility license's ability to safely handle licensed material; the amend-ment would further involve NRC in utility financial matters which is an area where NRC should proceed cautiously; and NRC already possesses methods of monitoring a utility licensee's financial condition including the
. availability of credit agency ratings which can be monitored and including _
required submittals of financial statements under 10 CFR 70.71(b) which NRC could review and use to observe trends. In response to this commenter the regulatory analysis indicates other reasons for proceeding with this rulemaking besides consistency in the regulation. These reasons include
! the fact that there is some potential for reduction in public and occu-pation exposure, that there is an improvement in NRC's inspection and enforcement capabilities, and that the burden on industry and NRC is minimal.
The amendment by itself would not further involve NRC in utility financial matters but would only make NRC aware of a specific situation. Actions taken in response to the situation are not treated in this rulemaking.
Finally, it appears that a direct notification of bankruptcy would be a P:.f"9C5:00 'Gf r.;;
N :'ert t: th: :ite:thr th:r : monitoring of 5:tt:r ::: r.
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The comment letter from the other private cmipany indicated that the Supplementary Information and the rule text shou'.: make it clear that a licensee only has to notify the NRC if involved i a bankruptcy as a debtor.
09/03/86 5 Enclosure A
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[7590-01)
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The commenter noted that a licensee might be involved as a creditor in a j ,'J 3
4, bankruptcy and should not have to worry about notifying the NRC in this situation. This commenter also suggested that the rule text be changed s
from "Each licensee shall notify...(NRC) of a petition for bankruptcy...by or against (i) A licensee" to "Each licensee shall notify ...(NRC) of In response a... petition for bankruptcy... by or against (i) The licensee."
to the first comment, the Commission believes that the rule text ,itself is clear in that it states the specific situations which would require a
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licensee to submit a notification to the NRC.
cr:dit:r :r di t:r h ::t:id: th: re':. ::: ::Ieintentoftheruleis a that NRC be aware of severe financial situations which could affectg licenseh capability to handle radioactive material.
.[ ( Based on this intent, the rule st tes specifically that a licensee should notify the NRC if there is a filing of a petition for bankruptcy by or against the licensee, an entity controlling the licensee, or an It is these situations that the Supplementary affiliate of the licensee.
Information is referring to when it discusses a licensee as being " involved" q- %'With tai &9- c s. a. M w -ck. & & ; 4 regard to the second comment, the rule text has been in a bankruptcy.j '
changed to reflect the comment.
AM M#
ENVIRONMENTAL IMPACT A
, ' 7 ,tr 3:-a Categorical Exclusion The NRC has determined that this regulation is the type of action Therefore, described in categorical exclusion 10 CFR 51.22(c)(3)(iii).
neither an environmental impact statement nor an environmental assessment has been prepared for this regulation.
l 6 Enclosure A 09/03/86
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