ML20214K214

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Comments on Proposed Amends to 10CFR30,40,50,61,70 & 72 Re Notification of Bankruptcy Filing.Suggests Part 30 Be Codified in New & Separate Section.Proposed Rules Should Apply to General Licensees Under Part 31
ML20214K214
Person / Time
Issue date: 02/19/1986
From: James Keppler
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Arlotto G
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
Shared Package
ML20210C089 List:
References
FRN-51FR22531, RULE-PR-30, RULE-PR-40, RULE-PR-50, RULE-PR-61, RULE-PR-70, RULE-PR-72 AC16-1-11, NUDOCS 8608200032
Download: ML20214K214 (2)


Text

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    • "* February 19, 1986 ,

MEMORANDUM FOR: Guy A. Arlotto, Director, Division of Engineering Technology, Office of Nuclear Regulatory Research FROM: James G. Keppler, Regional Administrator, Region III

SUBJECT:

AMENDMENTS TO 10 CFR PARTS 30, 40, 50, 61, 70 AND 72

-REQUIRING LICENSEES TO NOTIFY NRC 0F CASES OF BANKRUPTCY FILING

- By memorandum dated February 6,1986 you requested coments on a proposed rule requiring licensees to notify NRC in the event the licensee files for bankruptcy. Region III believes that such a rule is desirable and offers the following comments for your consideration.

1. The rule is proposed to be put in the " terms and conditions of licenses" section of 10 CFR Parts 30, 40, 50, 61 70 and 72. Because this section of the regulations typically has numerous subsections we have some concern that small, non-reactor licensees may never become aware of this new requirement. We believe this is particularly apt to occur with Part 30 industrial-type licensees. Therefore, to give this requirement added visibility, we suggest, at least for Part 30 licensees, that the requirement be codified in a new and separate section of Part 30. One 3

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possibility would be to codify the requirement in a new 930.42 entitled

" Notice of Bankruptcy Filings."

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2. As written, the proposed rule would not apply to general licensees under i

10 CFR Part 31 since 531.2 only incorporates by reference 6630.34(a) to (e). The new rule would be codified as 530.34(h). Region III believes l that general licensees should be subject to the notification requirement since generally licensed devices may pose potential health and safety hazards equal to some specifically licensed devices. We recommend that the proposed rule be revised accordingly.

3. The proposed rule requires that the bankruptcy notice be sent by cattified mail to the Comission. First class mail service is all that is usually required or expected from licensees for other correspondence. We suggest that the basis for the certified mail requirement be explained in the draft federal register notice and r ulatory analysis. .

8608200032 860818 51 22531 PDR; g g Regional Administrator See Attached Distribution

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Guy A. Arlotto February 19, 1986 Distribution ..

R. E. Cunningham, NMSS R. E. Browning, NMSS W. J. Olmstead, ELD J. Lieberman, ELD J. D. Saltzman, SP T. P. Speis, NRR D. Grimsley, ADM J. G. Partlow, IE Regional Administrators e