ML20216E346
| ML20216E346 | |
| Person / Time | |
|---|---|
| Issue date: | 07/01/1999 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20216E333 | List: |
| References | |
| SECY-99-158-C, NUDOCS 9908020255 | |
| Download: ML20216E346 (6) | |
Text
. 4 A F F I R M A T I O N VOTE
'l RESPONSE SHEET TO: Annette Vietti-Cook, Secretary FROM: COMMISSIONER MCGAFFIGAN
SUBJECT:
SECY-99-158 - FINAL RULE: " CERTIFICATION RENEWAL AND AMENDMENT PROCESSES,"10 CFR PART 76 Approved I Disapproved Abstain Not Participating COMMENTS:
N h' y.
SIGNATURE
\hi U i 19 DATEj Entered on "AS" Yes / No
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NUCLEAR REGULATORY COMMISSION 10 CFR Part 76 RIN: 3150-AF85 Certification Renewal and Amendment Processes AGENCY: Nuclear Regulatory Commission.
ACTION: Finalrule.
l t).5EnnkulGrfoa%E(UStiC)
SUMMARY
- uclear Regulatory Commission (NRC) is amending the regulations governing gaseous diffusion plants to modify the certification renewal and amendment ;I processes. The amendments are intended to improve these processes so that they are more '
effective and efficient. The final rule modifies the process for certificate renewals, establishes a process for certificate amendments comparable to the process currently used to amend a fuel cycle license, revises the appeal process for amendments, eliminates the "significant" '
designation for amendments, simplifies the criteria for persons who are eligible to file a petition for review of an amendment action, removes references to the initial application because the initial certificates have been issued, and lengthens the time periods associated with filing a petition for review. 1
~
. I EFFECTIVE DATE: (30 days from the date of publication in the Federal Register).
FOR FURTHER INFORMATION CONTACT: Mr. John L Telford, Offica of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ,
telephone (301) 415-6229, e-mail JLT@nrc. gov.
\
SUPPLEMENTARY INFORMATION:
Background
[LY.>EC's
$ The regulations establishing NRC's requirements for Paducah and Portsmouth gaseous diffusion plants (GDPs) were published on September 23,1994 (59 FR 48960).
Subsequently, the Atomic Energy Act (AEA) of 1954 was modified to increase the period for certificate renewals from 1 year to up to 5 years. The regulations implementing this modification to the AEA were published on February 12,1997 (62 FR 6670). On March 3, 1997, the GDP's came under NRC's oversight. Since 1997, the NRC has implemented the initial certificatim a,nd numerous certificate amendments. As a result, the NRC staff identified several arras where changes would improve the effectiveness and efficiency of the certificate '
m.~.awal and amendment processes.
On September 15,1998 (63 FR 49301), the NRC published a proposed rule that presented amendments to 10 CFR Put 76 intended to make the certification renewal and amendment processes more effective and efficient.
2
Comments on the Proposed Rule The Commission received one letter commenting on the proposed rule. A copy of the letter is available for public inspection and copying for a fee at the Commission's Public Document Room, located at 2120 L Street, NW (Lower Level), Washington, D.C. This letter 0G9 C. .,
came from te UnP;d 0; is C...-J,cc.;n; Cepe La (t; 0;.pe. 2n,y, which leases and operates the GDPs. The Corporation supported the proposed rule, but had two specific comments. .
Comment 1: "The proposed wording states that a certificate amendment will be
. effective when issued by the NRC staff. Immediate implementation upon issuance of the amendment may be possible in some cases; however, in most cases some implementation time will be required. USEC anticipates that in submitting amendment requests, it will continue the current practice of requesting that site implementabon occur within a certain period of time (e.g., 30 days) or after completion of certain activities (e.g., equipment installation, testing) after the staff's issuance of the amendment. USEC assumes that the NRC, in granting an immediately effective certificate amendment, will continue to provide the requisite flexibility and time for effective implementation."
Response: The Commission agrees with the comment. When granting an amendment, the NRC staff intends to allow an appropriate implementation period (e.g., 30 days). To clarify this intent further, the regulatory text has been modified to make an amendment effective on a 1
date specified by the NRC staff.
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Regulatory Flexibility Certification ,
e in accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), the Commission certifies that this final rule does not have a significant economic impact on a substantial OS Gd-number of small entities because it only addresses b Ur:tf E' ^- -- 2.n n u in - cd O wc g r O ., q y or its successor. The Corporation does not fall within the scope of the definition of "small entities" set forth in 10 CFR 2.810 or the Small Business Size Standards set cut in regulations issued by the Small Business Administration at 13 CFR Part 121.
Backfit Analysis The NRC has determined that the backfit rule does not apply to this final rule because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 76.76. Therefore, a backfit analysis is not required for this final rule.
Small Business Regulatory Enforcement Faimess Act in accordance with the Small Business Regulatory Enforcement Faimess Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of OMS Ust of Subjects in 10 CFR Part 76 Certification, Criminal penalties, Radiation protection, Reporting and recordkeeping 15
y ed i ? o,\ UNITED STATES W u b * "1 '
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2 NUCLEAR RECULATORY COMMISSION ~
WASHINGTON. O.C. 2000M001
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-f e (Ae 's gas ,,h f E The Honorable James M. Inhofe, Chairman g }lces.1 ac t rem N Subcommittee on Clean Air, Wetlands, Private h
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Property and Nuclear Safety Committee on Environment and Public Works pbr,A (, h b]ai,e's 74c-United States Senate * *
- i q g lgi,c Washington, DC 20510 Au 6 6 - ydE% b
Dear Mr. Chairman:
@ ' (* W^
Enclosed is a copy of a final amendment to 10 CFR Part 76 for the information of the subcommittee. This final rule is being transmitted to the Office of the Federal Register for publication. It will become effective 30 days after the date of publication in the Federal Reaister.
The proposed rule was published on September 15,1998 (at 63 FR 49301) for a 60-day comment period. The Commission received one comment letter. This letter came from the United States Enrichment Corporation, which leases and operates the gaseous diffusion plants.
The Corporation supported the proposed rule overall, and had only two comments. These comments are addressed in the Federal Register notice.
This final rule will amend the regulations that apply to the Paducah and Portsmouth gaseous diffusion plants. These plants came under Nuclear Regulatory Commission oversight on March 3,1997. While implementing the initial certification and amendment processes specified in the current regulations, the NRC staff identified several areas in these processes that needed to be improved so that they would be more effective and efficient. This final rulemaking addresses these areas' and will: (1) modify the process for certificate renewals; (2) establish a process for a certificate amendment comparable to the process currently used to amend a fuel cycle license; (3) revise the appeal process for amendments; (4) eliminate the significant designation for amendments; (5) simplify the criteria for persons who are eligible to file petitions for review of amendment actions; (6) remove references to the initial applications because the initial certificates have been issu d; and (7) lengthen the time periods associated with filing petitions for review. !%uf}
A Regulatory Flexibility Certification is not needed for this amendment because it will have no adverse economic impact on NRC licensees, certificate holders, or the public. An abbreviated
" Regulatory Analysis" is included within the Federal Register notice.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs Federal Register notice cc: Senator Bob Graham
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