ML23151A392

PR-001,002,007,009,050,51,52,60,62,72... - 64FR24531 - Electronic Availability of NRC Public Records and Ending of NRC Local Public Document Room Program

ML23151A392
Person / Time
Issue date:	05/07/1999
From:	Reiter S NRC/OCIO
To:
References
PR-001, PR-002, PR-007, PR-009, PR-050, PR-051, PR-052, PR-060, PR-062, PR-072, 64FR24531, PR-075, PR-076, PR-110
Download: ML23151A392 (1)

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{{#Wiki_filter:DOCUMENT DATE: TITLE: CASE

REFERENCE:

KEYWORD: ADAMS Template: SECY-067 05/07/1999 PR-001,002,007,009,050,51,52,60,62,72... - 64FR24531 - ELECTRONIC AVAILABILITY OF NRC PUBLIC RECORDS AND ENDING OF NRC LOCAL PUBLIC DOCUMENT ROOM PROGRAM PR-001,002,007,009,050,51,52,60,62,72... 64FR24531 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

STATUS OF RULEMAKING PROPOSED RULE: PR-001,002,007,009,050,51,52,60,62,72... OPEN ITEM (Y/N) Y RULE NAME: ELECTRONIC AVAILABILITY OF NRC PUBLIC RECORDS AND ENDING OF NRC LOCAL PUBLIC DOCUMENT ROOM PROGRAM PROPOSED RULE FED REG CITE: 64FR24531 PROPOSED RULE PUBLICATION DATE: 05/07/99 ORIGINAL DATE FOR COMMENTS: 06/21/99 NUMBER OF COMMENTS : EXTENSION DATE: I I 10 FINAL RULE FED. REG. CITE: 64FR48942 FINAL RULE PUBLICATION DATE: 09/09/99 NOTES ON: IMPLEMENTING NEW DOCUMENT MANAGEMENT SYSTEM THAT WOULD PERMIT THE STATUS ELECTRONIC STORAGE, RETRIEVAL, AND ON-LINE ORDERING OF PUBLICLY OF RULE: AVAILABLE NRC OFFICIAL RECORDS THRU NRC WEB SITE. HISTORY OF THE RULE PART AFFECTED: PR-001,002,007,009,050,51,52,60,62,72... RULE TITLE: PROPOSED RULE SECY PAPER: FINAL RULE SECY PAPER: ELECTRONIC AVAILABILITY OF NRC PUBLIC RECORDS AND ENDING OF NRC LOCAL PUBLIC DOCUMENT ROOM PROGRAM PROPOSED RULE SRM DATE: FINAL RULE SRM DATE: I I I I DATE PROPOSED RULE SIGNED BY SECRETARY: 04/13/99 DATE FINAL RULE SIGNED BY SECRETARY: 08/24/99 STAFF CONTACTS ON THE RULE CONTACT!: RUSSELL A. POWELL CONTACT2: MAIL STOP: T-6D8 MAIL STOP: PHONE: 415-6527 PHONE:

Docket No.: PR-1, 2, 7 et al FR Cite: 64FR24531 Comment Comment Number Submitted by Martha Dibblee 2 Russell A. Mellor Vice President - Operations and Decommissioning 3 Stephen J. England, Esq. 4 Lynn Connor 5 Sarah M. Fields 10/05/2000 In the Matter of Electronic Availability of NRC Public Records and Ending of NRC Local Public Document Room Program Representing Self Connecticut Yankee Atomic Power Company Illinois Department of Nuclear Safety Self Self Docket Date Document Date 05/18/1999 05/14/1999 06/02/1999 05/20/1999 06/02/1999 05/27/1999 06/17/1999 06/15/1999 06/22/1999 06/21/1999 1 Miscellaneous Description Accession Number

Docket No.: PR-1, 2, 7 et al. FR Cite: 64FR24531 Comment Comment Number Submitted by 7 Roger W. Huston 8 Anonymous Person 9 Kathryn M. Sutton, et al. 10 Gerry C. Slagis 10/05/2000 In the Matter of Electronic Availability of NRC Public Records and Ending of NRC Local Public Document Room Program Representing Licensing Support Services Anonymous Person Winston & Strawn G C Slagis Associates Docket Document Miscellaneous Date Date Description 06/23/1999 06/18/1999 06/24/1999 06/21/1999 06/25/1999 06/23/1999 06/25/1999 06/23/1999 07/06/1999 06/29/1999 Letter from Kay Drey to SECY 2 re obtaining paper copies once public records become only electronically available Accession Number

Docket No.: PR-001, 002, 007, 009, 050, 051, 052, 060, 062, 072, 075, 076, 100 ANDll0 10/05/2000 FR Cite: 64FR24531 Comment Number Comment Submitted by In the Matter of Electronic Availability of NRC Public Records and Ending of NRC Local Public Document Room Program Representing Docket Date Document Date Miscellaneous Description 09/02/1999 08/24/1999 Federal Register Notice - Final Rule 3 Accession Number

DOCKET NUMBER P SED RU E PR,, :i, 7 tf o/.. ( Cot/ FR~'t~31) OOC"\::TEO IJSt ?C [7590-01-P]

• 99 SEP -2 P12 :23 OFr.

NUCLEAR REGULATORY COMMISSION l. - ADJ, i 10 CFR Parts 1, 2, 7, 9, 50, 51, 52, 60, 62, 72, 75, 76, 100, and 110 RIN 3150-AG07 ELECTRONIC AVAILABILITY OF NRC PUBLIC RECORDS AND ENDING OF NRC LOCAL PUBLIC DOCUMENT ROOM PROGRAM AGENCY: Nuclear Regulatory Commission. ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRG) is amending its regulations to reflect a change in the way its records are made available to the public. The amendments reflect the NRC 's decision to implement a new document management system that will permit the electronic storage, retrieval, and on-line ordering of publicly available NRC official records through the NRC Web site.

~/~1<t9CJ EFFECTIVE DATE: (SS 9*1/* fro1+1 date of f'Ublicatio, 1). FOR FURTHER INFORMATION CONTACT: Russell A. Powell, Chief, Information Services Branch, Information Management Division, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, telephone (301) 415-6527, email: RAP1@nrc.gov. Pu.I,. tm q/q/q9 a:f (It/ FR'i'aCJ'/-Z

) SUPPLEMENTARY INFORMATION: The Nuclear Regulatory Commission (NRC) is amending its regulations to reflect the use of a new electronic record keeping system for NRC records. The NRC is establishing the Agencywide Documents Access and Management System (ADAMS) to provide for the electronic submission, storage, and retrieval of NRC official records. When ADAMS becomes operational, any NRC official records that are. normally publicly available under the Commission's regulations will be available electronically through ADAMS. The regulations governing which records are publicly available are unaffected by this final rule. Publicly available records will be accessible electronically from the ADAMS Public Library component on the NRC Web site, http://www.nrc.gov, (the Electronic Reading Room). When ADAMS becomes operational, NRC will discontin_ue furnishing paper and microfiche copies of its publicly available records to the NRC Public Documen,t Room (PDR), located in Washington, D.C., and the Local Public Document Rooms (LPDRs), located near nuclear power plants and other nuclear I facilities. Under ADAMS, NRC will initially begin making available electronically through the Electronic Reading Room on the NRC Internet Web site, imaged copies of its newly received and created publicly available official records that are in paper form. However, ultihlately, NRC's newly created official records will all be stored in ADAMS only in electronic form, and NRC will maintain only its pre-ADAMS records as paper copies. Because of budget constraints and the improved access to newly received and created records via the NRC Web site under ADAMS, the Commission decided to discontinue funding of the LPDR program beyond Fiscal Year 1999. The NRC currently maintains 86 LPDRs in the vicinity of nuclear reactor and materials licensees: 72 support power reactors; 2 support gaseous diffusion plants; 3 support high-level waste repositories; and the remaining 9 support fuel-cycle, low-level waste, and other facilities. A survey of the facilities 2

where LPDRs are currently located revealed that all but six now provide, or will provide Internet access to its patrons by the end of 1999. Additionally, although NRC plans to discontinue the LPDR program, it has offered each of the current LPDR libraries the opportunity to keep their current LPDR document collections so the pre-ADAMS LPDR collections can continue to be available in the local communities. Of the 86 current LPDRs, 64 have expressed an interest in maintaining their current LPDR document collections after the LPDR program is discontinued. The decision to accept this offer to transfer ownership of these collections and the length of time they will be maintained will be at the sole discretion of each library. In addition, the Government Printing Office (GPO) has agreed to accept the LPDR microfiche collections that were not kept by the current LPDR libraries. GPO will place these collections in their Federal Depository Library Program (FDLP). This assures the continuation of at least one LPDR microfiche collection in each of the states which now has one. ADAMS will provide the following added benefits that should preclude or minimize any public concerns regarding the impact from discontinuing the LPDR program:

1. ADAMS Internet access will provide access to new records in full text and image.

2. ADAMS will provide an improved electronic search capability. Under the existing system, only the bibliographic indexes and abstracts for most records are available from the online BAS and NUDOCS.

3. Some new records will be available to the public within days instead of the two weeks or longer it now takes for LPDRs to receive microfiche or paper copies of new accessions.

4. Internet public access to the NRC Web site will provide direct access to a much broader range of the public than just to those who, because of their close proximity, have access to the PDR and LPDRs.

3

The NRC PDR will still have pre-ADAMS paper and microfiche records on site and available to the public for viewing and copying. The PDR will also have computer terminals available for the public to access new documents on the NRC Web site. The public will still be able to obtain paper copies of new electronic records by printing them from the NRC Internet Web site, by ordering them for a fee from the PDR directly from the NRC Web site, or by using current ordering methods. The current methods are: in-person at the PDR, mail, e-mail, fax or by calling the PDR Reference Services on the toll-free 800 telephone number. Bibliographic descriptions of documents currently identified in the PDR's Bibliographic Retrieval System (BRS) and in NUDOCS will be posted on the NRC Web site. :fhis will also allow the public to order copies of pre-ADAMS paper and microfiche records. The public will also have access to the NRC Web site from any computer with Internet access, and will be able to download the records to the computer they are using for printing or other supported functions. PUBLIC COMMENT

SUMMARY

The NRC published a proposed rule on May 7, 1999, (64 FR 24531). In response, the NRC received ten comments from the public. The comments are addressed indMdually below: )

1.

Martha Dibblee, received via email May 14, 1999. Comment: If you eliminate the public document room and put it on the Internet (which I believe is a wonderful idea since I use the Internet) the rule or an appendix should include a list of public libraries in the U.S.

Response

The Public Document Room (PDR), in Washington, DC, is not being eliminated. The Local Public Documen't Room (LPDR) program, supporting document collections set up in libraries near nuclear facilities, is being discontinued. However, most of those libraries are retaining their collections. A list of public libraries,in the U.S. should be available at any public library as well as on the Internet. 4

2.

Connectlcut*Ysnkee Atomic Power Company (C-YAPCO), dated May 20, 1999. Comment: CYAPCO fully supports the NRC's initiative to implement a new docull"lent management system that would permit the elect_ronic storage, retrieval, and on-line ordering of publicly available NRC official records through the NRC Web site.

Response

response. Comment: NRC considers this comment supportive of the rule and it requires no further CYAPCO also supports expanded use of ADAMS for electronic licensee submittals and agency documents for docketed correspondence.

Response

response. NRC considers this comment supportive of the rule and it requires no further

3.

State of Illinois, Department of Nuclear Safety (IDNS), dated May 27, 1999. Comment: IONS supports the expanded availability of NRC records through the NRC Web site. This should facilitate greater public access to the records and cost savings to NRC.

Response

NRC considers this comment supportive of the rule and it requires no further response. Comment: Will documents relating to Part 30 and Part 40 licenses be available on the.NRC's Web site?

Response

Yes, publicly available documents received or created after the implementation of ADAMS, relating to Part 30 and Part 40 licenses will be available on the NRC's Web site. luocuments prior to the implementat[on of ADAMS, will not routinely be placed into the ADAMS system, but they can be identified from the legacy systems indexes available online in the ADAMS Electronic Reading Room and ordered from the PDR; or, if convenient, can be acce~sed on the microfiche at one of the libraries that has retained the LPDR record collection. Those libraries and their locations will be identified on the NRC Web site. 5

Comment: NRC, not licensees, will be responsible for imaging paper copies into electronic form. Is this correct? How will NRC handle oversize documents?

Response

Yes, NRC will be responsible for imaging paper copies if licensees do not submit documents in electronic form, including oversized documents. Comment: Is there a legal requirement that facilities, where LPDRs are currently located, provide Internet access?

Response

No, NRC has no authority to do so and has never established any requirement that facilities where LPDRs are currently located provide Internet access. Comment: Whose responsibility is it to provide and maintain such access?

Response

The decision as to whether or not an LPDR or any other public or educational library provides and/or maintains Internet access is not within NRC's jurisdiction. However, under the Telecommunications Act of 1996, the Federal government is supporting Internet access from public libraries and schools through fees collected under regulations issued by the Federal Communications Commission. Likewise, many States have programs supporting Internet access from public libraries. Comment: Has it been determined that such Internet access is Y2K compliant? If not, when will Y2K compliance be determined?

Response

NRC has no jurisdiction over Internet access at any of its current LPDR library facilities, including whether or not such access is Y2K compliant.

4.

Lynn Connor, Portland, Oregon, dated June 15, 1999. Comment: I believe it is impossible to provide any meaningful comment on a system that is not yet operational and for which there is very little public information available on how it will work.

Response

NRC acknowledges this comment and believes that sufficient information has been provided regarding the planned operation of the new system.

5.

Sarah M. Fields, Moab, Utah, dated June 21, 1999. 6

Comment: The NRC should maintain at least one LPDR in each state that currently has an LPDR. I

Response

Of the 73 LPDRs that have microfiche, 54 have agreed to keep their collections and the remaining 19 will be transferred to the GPO Federal Depository Library Program, assuring the continuation of at least one LPDR collection in each of the states which now has one. The libraries that currently house the collections to be relocated will receive the final shipments of microfiche from the current document management system, making the collections complete before any transfers. The LPDRs that have opted to keep their collections have been asked to contact the GPO first before making any disposition decisions if they change their mind and no longer wish to maintain their collections. Comment: The NRC should facilitate the transfer of the LPDR collection from any LPDR which does not wish to keep its collection to an appropriate library near the site of uranium mills which have operated under license to the AEC and/or the NRC.

Response

See response to previous comment. Comment: The NRC should establish a priority list for the transfer of LPDR_ collections to mill site areas. First on the list should be the Grants and Gallup areas of New Mexico, Wyoming, and southeastern Utah.

Response

The first priority that NRC established was to allow current LPDR libraries to keep the collections they now have. The next priority was to transfer any microfiche collections that LPDR libraries did not elect to keep to the GPO for placement in their Federal Depository Library Program (FDLP) in, at minimum, each of the states which now has an LPDR microfiche collection. The NRC currently maintains an LPDR in the Grants and Gallup areas of New Mexico, located at the Dine College, Crownepoint, New Mexico. An LPDR also exits in the state of Utah at the Marriott Library, University of Utah, Salt 'Lake City. Both of those libraries have elected to keep their collections. There is not currently an LPDR in the state of Wyoming. 7

The change will not lessen the public's accessibility to NRG information, except to those few who, because of their close proximity, have had convenient access to the PDR and LPDRs prior to relocation of an LPDR. Overall, public access to the NRG Web site via the Internet will provide direct access to a much broader range of the public than just those few for whom they were conveniently located before the move. The public can now use any access to the Internet to access NRG publicly available documents, whether it be from a public, college, or university library, their place of business, or their home using their own personal computer.

6.

Nuclear Energy Institute (NE/), dated June 21, 1999. Comment: NEI commends the NRG on its initiative to make its records available electronically. The availability of NRG records via an electronic format will provide broader, more timely access of this information to all of the NRC's stakeholders. Furthermore, the cost savings that will be realized through the e,limination of the Local Public Document Room (LPDRs) will be beneficial to all stakeholders.

Response

response. NRG considers this comment supportive of the rule and it requires no further

7.

Licensing Support Services, dated June 18, 1999. Comment: It is prudent to try out a new system first, to debut it and verify that it can accomplish what is intended, before abandoning the tried-and-true method it is to replace.

Response

The NRC's current document management system, NUDOCS, was not Y2K I I compliant. A decision had to be made whether to expend funds to keep that system operating after ADAMS. The NRG determined that it was not economically feasible to keep NU DOCS operational. Comment: The likelihood of a delay in implementing ADAMS, combined with the end of support for LPDRs at the beginning of FYOO, makes it very likely that public access to information will be interrupted for a time. 8

Response

ADAMS should begin providing public access to documents effective October 1999. Public access to information is not expected to be interrupted. As previously described, most of the current LPDRs that have microfiche have agreed to keep their collections and the remaining ones will be transferred to the GPO Federal Depository Ubrary Program. Should ADAMS implementation be delayed, NRC would continue with the current process until the new system is in place. Comment: LSS is concerned that the volume of material, and the practical needs of preparing it for web availability, will make it difficult or impossible to fulfill the promise made in the proposed rule.

Response

Currently, documents to be posted to the Web site have to first be coded in hypertext markup language. This process can take several days. However, ADAMS is not currently being used for the posting of documents to the web. ADAMS does not require coding to post to the Web and, when it becomes operational, the only delays in release will be those which the NRC staff purposely establishes to preclude premature releases to the public.

8.

Unsigned and undated, received June 24, 1999. Comment: The commenter provides various comments regarding concerns or dissatisfaction with the current status of public accessibility to records and interest in expansion of the current LPDR. system.

Response

The proposed rule announced the change in the way the NRC will provide publicly available information. The change will not lessen the accessibility to NRC information, except perhaps in a few instances where LPDRs relocate, thereby making access to those records less accessible to. those for whom they were conveniently located before the move. Overall, public access to the NRC Web site via the Internet will provide direct access to a much broader range of the puqlic than just to those few who, because of their close proximity, have had convenient access to the PDR and LPDRs. The public can now use any access to t~e Internet to access NRC publicly available documents, whether it be from a public, college, or university library, their place of business, or their home using their own personal 9

computer. These changes to NRG regulations only affect the way records are made available to the public by formally discontinuing the LPDR program and making the Web the main avenue for public access. No other changes have been made or addressed. Comment: Has NRG done an assessment of the use of the LPDRs and how do members of the public feel about NRC's plans?

Response

Over the years, NRG has received quarterly reports of public usage of the LPDRs and found use at many of them to be minimal. Based on the limited number of comments in response to the proposed rule and other miscellaneous responses in direct conversations with LPDR librarians, the current PDR and LPDR users welcome the new system which promises to provide much broader and easier access than currently available. Comment: Should users be forced to pay a fee to access NRG documents?

Response

Libraries do not charge their patrons to view on the Internet, but as with paper copies, charges may-be made for printing. Users now pay fees for copies of documents whether th~y ./ obtain them from the PDR or the LPDR. Under ADAMS, many users will be able to obtain documents at no cost via their home cor:nputers by downloading to a disk or printing a document. However, just as they do now, th~ public can still order documents from the PDR for a fee. Comment: The NRG needs a customer feedback process to ensure that public's comments are obtained and acted upon during the transition period.

Response

NRG is very much aware of the need for public feedback to resolve problems that are certain to be encountered in this major transition. The PDR will continue to serve as the public interface to assist the public in obtaining timely and full access to NRC's publicly available information and the ADAMS Web site will provide information and a means for the public to ask questions and provide comments.

Comment: printers in LPDRs? Will NRG fund and maintain and upgrade the computer terminals, software, and

Response

No. The NRG is discontinuing its LPDR program and will no longer be funding libraries that keep those collections. Comment: If NRG is replacing the LPDR with the Internet why can't those records made available through NTIS also be made available through the Internet?

Response

Records made available through NTIS will be available through the Internet in ADAMS. Comment: Shouldn't NRG build a relational information system such that a member of the public can locate all NRG and li~ensee information, including upcoming meetings about a specific licensee?

Response

The PDR staff has been assigned primary responsibility for the design of the - organizational scheme for ADAMS to ensure that the transition from the current systems (BRS and NUDOCS) for locating documents to ADAMS will be as easy as possible for the public.

9.

Winston & Strawn, dated June 23, 1999. Comment: Given the magnitude and volume of official record material created and received by the Agency, we urge that a similar organizational scheme be adopted for the ADAMS to help facilitate the public access to documents by docket number, reference group, or subject area.

Response

See the previous response. Comment: We recommend that the ADAMS or the PDR accommodate the public availability of records that are not suitable for electronic dissemination (e.g. video tapes, audio tapes, etc.). \

Response

The NRG will accommodate the public availability of records that are not suitable for electronic dissemination. 11

) Cqmment: signature?

Response

Will imaged records in the ADAMS include the official NRC watermark and The electronic copy of documents in ADAMS will show a signature (and watermark if it is present and visible enough to be imaged) just as is currently available in the microfiche and photocopies of paper records. Comment: We believe that all NUREGs should be available on ADAMS.

Response

All publicly available NUREGs published after the implementation of ADAMS will be available in ADAMS. NUREGs published before the implementation of ADAMS may be placed in ADAMS on a selective basis. Comment: The NRC should implement controls to ensure that the document processing contractor is properly qualified to classify "externally generated" documents.

Response

The NRC document processing contractor is the same contractor that processed, documents under the NU DOCS system and will be qualified to classify those documents it-processes under ADAMS. The document processing contractor determines the public availability of documents only _J for certain documents using pre-determined criteria. All others are made publicly available by staff review of the documents and instructions to the document processing contractor or by the staff processing them directly into ADAMS. Comment:

Response

The NRC should include an advance copy public library in the ADAMS architecture. There will not be a need for an advance copy public library, since once a document is marked to be released to the public, the release is made. There will not be any backlog of unprocessed documents in this document management system.

10.

Gerry C. 5/agls, Pleasant HIii, CA, dated June 23; 1999. Comment: I applaud the use of ADAMS to make NRC official records available to the public. However, I am against the shutting down of the LPDR program beyond Fiscal Year 1999. The problem is 12

public access to the NRG official records prior to ADAMS. A person needs to be able to view the documents before copying certain pages or ordering the entire document.

Response

Although the NRG is going to discontinue the LPDR program at the end of September 1999, documents issued prior to ADAMS implementation will still be accessible to the public. Documents published or issued before the implementation of ADAMS, will not routinely be placed into the ADAMS system. However, these documents can be identified from the legacy systems (BRS and NUDOGS) indexes available online in the ADAMS Electronic Reading Room and ordered from the PDR; or, if convenient, can be accessed on the microfiche at one of the libraries that has retained the LPDR record collection. Most of the LPDRs are keeping their microfiche collections. Therefore, most of the public who have access to an LPDR now will continue to have access after ADAMS is operational. Those libraries and their locations will be identified on the NRG Web site. Because records will be released electronically to the public rather than in paper or microfiche, this rule amends the regulations in 10 GFR Parts 1, 2, 7, 9, 50, 51, 52, 60, 62, 72, 75, 76, 100, and 110 to reflect the manner in which these records would be made publicly available. To reflect the discontinuance of NRG support of libraries serving as LPDRs, references to NRG LPDRs will be deleted in 10 GFR 2.1231 ( a)(1 )(ii), and (b); 9.35 (b) and (e); 50.30(a)(5); Part 50 Appendix Q, Section 4; 51.120; Part 52, Appendix 0, Section 5; Part 52, Appendix Q, Section 4, and 76.37 (a). In addition, several other minor confom,ing changes will be made. The definition of the PDR in 1 O GFR 2.4, 60.2, and 110.2 is now in a new paragraph and will be revised to reflect that records newly created or received since the implementation of ADAMS that are publicly available are now available in the PDR in electronic form for inspection and copying, and that copies can be ordered from the PDR. A 13

new paragraph will define the NRC Web site as the Internet location where NRC records are made available for public inspection and copying and that the public can also order copies of documents from the PDR through the NRC Web site. Section 9.2 (a) will be revised to delete the reference to the availability of records on 48x microfiche through the National Technical Information Service (NTIS). When NRC begin5Jmaking its records available from the NRC Web site, microfiche copies will no longer be produced. The address for the NTIS and a statement that certain listed documents can be ordered from the NTIS will be added to §9.21 (a). Section 9.21 (d) will be deleted because the publication Tltle Ust of Documents Made Publicly Available, NUREG-0540, will no longer be published. Section 9.21 (e) will be revised to show that only the published versions of final opinions and orders, referred to in §9.2(c)(1 ), are available from the NTIS in the publication, Nuclear Regulatory Issuances (NUREG-0750). The reference to interpretations in §9.21 (c)(2) will be deleted because they are not available from NTIS. Section 9.23(a)(2) will be deleted because it repeats information included in the revised §9.21 (a). Section 51.123(a) and (b) will be revised to reflect the correct address where requests for draft environmental impact statements and draft findings of no significant hazard can be submitted. Changes are made in several sections* to reflect the correct name of the NRC PDR. In addition, several misspelling corrections are made. National Technology Transfer and Advancement Act The National Technology Transfer and Advancement Act of 1995, Pub. L. 104-113, requires that Federal agencies use technical standards developed or, adopted by voluntary consensus standards 14

bodies unless the use of such a standard is inconsistent with applicable law or is otherwise impractical. There are no industry consensus standards that apply to the electronic availability of public records. / Thus, the provisions of the Act do not apply to this rulemaking. Environmental Impact - Categorical Excluslon The NRC has determined that this final rule is the type of action described in categorical exclusion 1 0 CFR 51.22(c)(1) and (2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule. Paperwork Reduction Act Statement This final rule does not contain a new or amended information collection requiremerit subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget, approval numbers 3150-0943, 3150-0011, 3150-0021, 3150-0151, 3150-0127, 3150-0143, 3150-0132, 3150-0055, 3150-0093, and 3150-0036. Publlc Protection Notification If a means used to impose an information collection does not display a currently valid 0MB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection. Regulatory Analysis This final rule implements a new NRC procedure for making records available for public inspection and copying. This rule does not have any adverse economic impact on any class of licensee or the NRC. To the contrary, the final rule with its new provisions allowing Internet access from homes, offices, 15

schools, and-public libraries to NRC publicly released records provides some new and additional benefits to those seeking access to NRC records. A survey of the facilities where LPDRs are currently located revealed that all but six now provide, or will provide, Internet access to its patrons by the end of 1999. Additionally, although NRC plans to discontinue the LPDR program, it has offered each of the current LPDR libraries the opportunity to keep their current LPDR document collections so the pre-ADAMS LPDR collections can continue to be available in the local communities. Of the 86 current LPDRs, 64 have expressed an interest in maintaining their current LPDR document collections after the LPDR program is discontinued. This constitutes the regulatory analysis for this rule. Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b), the Commission certifies that this rule does not have a significant economic impact upon a substantial number of small entities. The final rule implements a new procedure for making r-ecords available to the public. The NRC believes that the changes will not have an adverse economic impact on any class of licensee, including small entities, or the general public. On the contrary, the NRC believes that the final rule provides wider opportunities and make it easier for interested persons to obtain or review publicly available NRC records. Backfit Analysis The NRC has determined that the backfit rule does not apply to this final rule; and therefore, a backfit analysis is not required for this final rule because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR Chapter I. Small Business Regulatory Enforcement Fairness Act 16

In accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRG ( has determined that this action is not a major rule and has verified this determinatjon with the Office of Information and Regulatory Affairs of 0MB. List of Subjects In 10 CFR 10 CFR Part 1 Organization and functions (Government Agencies). 10 CFR PART 2,, Administrative practice and procedure, Antitrust, Byproduct material, Classified Information, ( Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalties, Sex discrimination, Source material, Special nuclear material, Waste.treatment and disposal. 10 CFR Part 7 Advisory committees, Sunshine Act. 10 CFR Part 9 I Criminal Penalties, Freedom of Information, Privacy, Reporting and recbrdkeeping requirements, Sunshine Act. 10 CFR Part 50 Antitrust, Classified information, Criminal penalties, Fire protection, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements. 10 CFR Part 51 Administrative practice and procedure, Environmental impact statement, Nuclear materials, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and records. 1 O CFR Part 52 17

I Administrative practice and procedure, Antitrust, Backfitting, Combined license, Early site review, Emergency planning, Fees, Inspection, Limited Work Authorization, Nuclear power plants and reactors, Probabilistic risk assessment, Prototype, Reactor siting criteria, Redress of site, Reporting and recordkeeping requirements, Standard design, Standard design certification. 1 0 CFR Part 60 .,I Criminal penalties, High-level waste, Nuclear power plants and reactors, Nuclear materials, Reporting and recordkeeping requirements, Waste treatment and disposal. 10 CFR Part 62 Administrative practice and procedure, Denial of access, Emergency----..,access to low-level waste disposal, Low-level radioactive waste, Low-l~vel radioactive treatment and disposal, Low-level waste policy amendments act of 1985, Nuclear materials, Reporting and recordkeeping requirements.. 10 CFR Part 72 Manpower training programs, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures. 10 CFR Part 75 Criminal penalties, Intergovernmental relations, Nuclear m.aterials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures. 10 CFR Part 76 Certification, Criminal penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Special nuclear material, Uranium enrichment by gaseous diffusion. 10 CFR Part 100 Nuclear power plants and reactors, Reactor siting criteria. 10 CFR Part 110 18

Administrative practice and procedure, Classified Information, Criminal penalties, Export, Import, _ Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Scientific equipment. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553; the NRG is adopting the following amendments to 1 O CFR Parts 1, 2, 7, 9, 50, 51, 52, 60, 62, 72, 75, 76, 100 and 110. PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION

1. The authority citation for Part 1 continues to read as follows:

AUTHORITY: Secs. 23,161, 68 Stat. 925,948, as amended (42 U.S.C. 2033, 2201); sec. 29, Pub. L. 85-256, 71 Stat. 579, Pub. L. 95-209,91 Stat. 1483 (42 U.S.C. 2039); sec. 191, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); secs. 201,203,204,205,209, 88 Stat. 1242, 1244, 1245, 1246, 12~, as amended (42 U.S.C. 5841, 5843, 5844, 5845, 5849); 5 U.S.C. 552, 553; Reorganization Plan No. 1 of 1980, 45 FR 40561, June 16, 1980.

2. In §1.3, paragraph (a) is revised to read as follows:

§1.3 Sources of additional information. (a) A statement of the NRC's organization, policies, procedures, assignments of responsibility, and delegations of authority*is in the Nuclear Regulatory Commission Management Directives System and. other NRC issuances, including local directives issued by Regional O~ices. Letters and memoranda containing directives, delegations of authority and the like are also issued from time to time and may not yet be incorporated into the Management Directives System, parts of which are revised as necessary. Copies of the Management Directives System and other delegations of authority are available for public 19

inspection and copying for a fee at the NRC Public Document Room, 2120 L Street, NW., Washington, D.C., and at each of NRC's Regional Offices. Information may also be obtained from the Office of Public Affairs or from Public Affairs Officers at the Regional Offices. In addition, NRC Functional Organization Charts, NUREG - 0325, contains detailed descriptions of the functional responsibilities of NRC's offices. It is revised annually and is available for public inspection at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room, or for purchase from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 37082, Washington, D.C. 20013 - 7082; and from the National Technical Information Service, Springfield, VA 22161. PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS

3. The authority citation for-Part 2 contim;1es to read as follows:

AUTHORITY: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231 ); sec 191, as amended, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 u.s.c. 5841); 5 u.s.c. 552. Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. L. 97-425, 96 Stat. 2213, as amended (42 U.S.C. 10143(f)). sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended(42 _U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103 104, 105, 183i, 189, 68 Stat. 936,937,938,954,955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Section 2.105 also.issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 161 b, i, o, 182, 186, I 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C.2201 (b), (i), (o), 2236, 2282); sec. 206, 20

88 Stat. 1246 (42 U.S.C. 5846). Sections 2.205U} also issued under Pub. L. 101-410, 104 Stat. 90, as amended by section 3100(s), Pub. L. 104-134, 110 Stat. 1321-373 (28 U.S.C. 2461 note). Sections 2.600-2.606 also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 2.764 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155,10161). Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553 and sec. 29, Pub. L. 85-256, 71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Subpart M also issued under sec. 184 (42 U.S.C. 2234) and sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. 91-560, 84 Stat. 1473 (42 U.S.C. 2135).

4. Section 2.4 is amended by adding the definition of NRC Public Document Room and NRC Web site to read as follows:

§2.4 Definitions. NRC Public Document Room means the facility at 2120 L Street, NW., Washington, D.C. where certain public records of the NRC that were made available for public inspection in paper or microfiche prior to the implementation of the NRC Agencywide Documents Access and Management System, commonly referred to as ADAMS, will remain available for public inspection. It is also the place where NRC makes computer terminals available to access the Electronic Reading Room component of ADAMS on the NRC Web site, http://www.nrc.gov, and where copies can be made or-ordered as set forth in §9.35. The facility is staffed with reference librarians to assist the public in identifying and locating 21

documents and in using the NRG Web site and ADAMS. The NRG Public Document Room is open from 7:45 am to 4:15 pm, Monday through Friday, except on Federal holidays. Reference service and access to documents may also be requested by telephone (202-634-3273 or 800-397-4209) between 8:30 am and 4:15 pm, or by e-mail (PDR@nrc.gov), fax (202-634-3343), or letter (NRG Public Document Room, LL-6, Washington, D.C. 20555-0001 ). NRG Web site, http://www.nrc.gov, is the Internet uniform resource locator name for the Internet address of the Web site where NRG will ordinarily make available its public records for inspection.

5. In §2.101, paragraph (a)(2) is revised to read as follows:

§2.101 Filing of application (a) (2) Each application for a license for a facility or for receipt of waste radioactive material from other persons for the purpose of commercial disposal by the waste disposal licensee will be assigned a docket number. However, to allow a determination as to whether an application for a construction permit or operating license for a production or utilization facility is complete and acceptable for docketing, it will be initially treated as a tendered application. A copy of the tendered application will be available for public inspection at the NRG Web site, http://www.nrc.gov, and/or at the NRG Public Document Room. Generally, the determination on acceptability for docketing will be made within a period of thirty (30) days. However, in selected construction permit applications, the Commission may decide to determine acceptability on th~ basis of the technical adequacy of the application as well as its completeness. In these cases, the Commission, pursuant to §2.104(a), will direct that the notice of hearing be issued as soon as practicable after the application has been tendered, and the determination of acceptability will be 22

made generally within a period of sixty (60) days. For docketing and other requirements for applications pursuant to Part 61 of this chapter, see paragraph (g) of this section.

6. In §2.110, paragraph (c) is revised to read as follows:

§2.11 o Filing and administrative action on submittals for design review or early site review of site-suitability issues. (c) Upon completion of review by the NRC staff and the ACRS of a submittal of the type described in paragraph (a)(1) of this section, the Director of the Office of Nuclear Reactor Regulation shall publish in the Federal Register a detennination as to whether or not the design is acceptable, subject to conditions as may be appropriate, and shall make available at the NRC Web site, http://www.nrc.gov, a report that analyzes the design.

7. In §2.206, paragraph (a) is revised to read as follows:

§2.206 Requests for action under this subpart. (a) Any person may file a request to institute a proceeding pursuant to §2.202 to modify, suspend, or revoke a license, or for any other action as may be proper. Requests must be addressed to the Executive Director for Operations and must be filed either by delivery to the NRC Public Document Room at 2120 L Street, NW., Washington, D.C., or by mail or telegram addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001. The request must specify the action requested and set forth the facts that constitute the basis for the request. The Executive Director for Operations will refer the request to the Director of the NRC office with responsibility 23

for the subject matter of the request for appropriate action in accordance with paragraph (b) of this section.

8. In §2.701, Paragraph (a)(1) is revised to read as follows:

§2.701 Filing of documents. (a) (1) By delivery to the NRC Public Document Room at 2120 L Street, NW., Washington, D.C., or

9. In §2.740, paragraph (b) (1) is revised to read as follows:

§2.740 General provisions governing discovery. (b) (1) In general. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the proceeding, whether it relates to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. When any book, document or other tangible thing sought is reasonably available from another source, such as at the NRC Web site, http://www.nrc.gov, and/or the NRC Public Document Room, sufficient response to an interrogatory involving such materials would be the location, the title and a page reference to the relevant book, document or tangible thing. In a proceeding on an application for a construction permit or an operating license for a production or utilization facility, discovery begins only after the prehearing conference provided for in §2. 751 a and relates only to those matters in controversy which have been identified by the Commission or the presiding officer in the prehearing order entered at 24

the conclusion of that prehearing conference. In such a proceeding, no discovery may take place after the beginning of the prehearing conference held pursuant to §2.752 except upon leave of the presiding officer upon good cause shown. It is not ground for objection that the information sought will be inadmissible at the hearing if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

10. In §2.750, paragraph (a) is revised to read as follows:

§2.750 Official reporter; transcript. (a) A hearing will be reported under the supervision of the presiding officer, stenographically or by other means, by an official reporter who may be designated by the Commission or may be a regular employee of the Commission. The transcript prepared by the reporter is the sole official transcript of the proceeding. Except as limited pursuant to Sec. 181 of the Act or order of the Commission, the transcript will be available for inspection at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room. Copies of transcripts are available to parties and to the public from the official reporter on payment of the specified charges.

11. In §2.790, the introductory text of paragraph (a) and paragraph (c) are revised to read as follows:

§2.790 Public inspections, exemptions, requests for withholding. (a) Subject to the provisions of paragraphs (b), (d), and (e) of this section, final NRC records and documents, including but not limited to correspondence to and from the NRC regarding the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, or order, or regarding a rulemaking proceeding subject to this part shall not, in the absence of a compelling reason for nondisclosure after a balancing of the interests of the person or agency urging 25

nondisclosure and the public interest in disclosure, be exempt from disclosure and will be made available for inspection and copying at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room, except for matters that are: (

• I *

(c) If a request for withholding pursuant to paragraph (b) of this section is denied, the Commission will notify an applicant for withholding of the denial with a statement of reasons. The notice of denial will specify a time, not less than thirty (30) days after the date of the notice, when the document will be available at the NRC Web site, http://www.nrc.gov. tf, within the time specified in the notice, the applicant requests withdrawal of the document, the document will not be available at the NRC Web site, http://www.nrc.gov, and will be returned to the applicant: Provided, that information submitted in a rule making proceeding which subsequently forms the basis for the final rule will not be withheld from public disclosure by the Commission and will not be returned to the applicant after denial of any application for withholding submitted in connection with that information. If a request for withholding pursuant to paragraph (b) of this section is granted, the Commission will notify the applicant of its determination to withhold the information from public disclosure.

12. In §2.802, paragraphs (e) and (g) are revised to read as follows:

§2.802 Petition for rulemaking. (e) If it is determined that the petition includes the information required by paragraph (c) of this section and is complete, the Director, Division of Administrative Services, Office of Administration, or designee, will assign a docket number to the petition, will cause the petition to be formally docketed, and will make a copy of the docketed petition available at the NRC Web site, http://www.nrc.gov. Public comment may be requested by publication of a notice of the docketing of the petition in the Federal 26

\ Register, or, in appropriate cases, may be invited for the first time upon publication in the Federal Register of a proposed rule developed in response to the petition. Publication will be limited by the requirements of Section 181 of the Atomic Energy Act of 1954, as amended, and may be limited by'order of the Commission. (g) The Director, Division of Administrative Services, Office of Administration, will prepare on a semiannual basis a summary of petitions for rulemaking before the Commission, including the status of each petition. A copy of the report will be available for public inspection and copying at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room.

13. In §2.804, paragraph (b)(2) is revised to read as follows:

§2.804 Notice* of proposed rulemaking. (b) (2) The manner and time within which interested members of the public may comment, and a statement that copies of comments may be examined will be made available at the NRC Web site, http://www.nrc.gov;

14. In §2.809, paragraph (a) is revised to read as follows:

§2.809 Participation by the Advisory Committee on Reactor Safeguards. (a) In-its advisory capacity to the Commission, the ACRS may recommend that the Commission initiate rulemaking in a particular area. The Commission will respond to such rulemaking recommendation in writing within 90 days, noting its intent to implement, study, or defer action on the 27

recommendation. In the event the Commission decides not to accept or decides to defer action on the recommendation, it will give its reasons for doing so. Both the ACRS recommendation and the Commission's response will be made available at the NRC Web site, http://www.nrc.gov, following transmittal of the Commission's response to the ACRS.

15. In §2.1007, paragraph (a)(3) is removed and reserved and paragraph (a)(2) is revised to read as follows:

§2.1007 Access. (a) (2) A system to provide electronic access to the Licensing Support Network shall be provided at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room beginning in the pre-license application phase. (3) [Reserved].

16. In §2.1231, paragraphs (a)(1)(ii), (a)(2), and (b) are revised to read as follows:

§2.1231 Hearing file; prohibition on discovery. (a) (1) (ii) Making the file available at the NRC Web site, http://www.nrc.gov. {2) The hearing file also must be made available for public inspection and copying at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room. (b) The hearing file will consist of the application and any amendment thereto, any NRC environmental impact stj:ltement or assessment relating to the application, and any NRC report and any correspondence between the applicant and the NRC that is relevant to the applic;ation. Hearing file 28 \

documents already available at the NRC Web site, http://www.nrc.gov, and/or at the NRG Public Document Room when the hearing request is granted may be incorporated into the hearing file at those locations by a reference indicating where at those locations the documents can be found. The presiding officer shall rule upon any issue regarding the appropriate materials for the hearing file.

17. In §2.1301, paragraphs (a) and (c) are revised to read as follows:

§2.1301 Public notice of receipt of a license transfer application. (a) The Commission will notice the receipt of each application for direct or indirect transfer of a specific NRC license by placing a copy of the application at the NRC Web site, http://www.nrc.gov. (c) Periodic lists of applications received may be obtained upon request addressed to the NRC Public Document Room, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

18. In §2.1303, the section heading and the introductory text are revised to* read as follows:

§2.1303 Availability of documents. Unless exempt from disclosure under part 9 of this chapter, the following documents pertaining to each application for a license transfer requiring Commission approval will be placed at the NRC Web site, http://www.nrc.gov, when available:

19. In §2.1306, paragraph ( c)(2) is revised to read as follows:

§2.1306 Hearing request or intervention petition. (c) 29

(2) 45 days after notice of receipt is placed at the NRG Web site, http://www.nrc.gov, for all other applications; or

20. In §2.1330, paragraph (b) is revised to read as follows:

§2.1330 Reporter and transcript for an oral hearing. (b) Except for any portions that must be protected from disclosure in accordance with law and policy as reflected in 1 O CFR 2.790, transcripts will be placed at the NRG Web site, http://www.nrc.gov, and copies may be purchased from the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. PART ?--ADVISORY COMMITTEES

21. The authority citation for Part 7 continues to read as follows:

AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201 ); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841 ); Pub. L. 92-463, 86 Stat. 770 (5 U.S.C. App.).

22. In §7.10, paragraph (b}(6) is revised to read as follows:

§7.10 The NRG Advisory Committee Management Officer. (b) (6) Ensure that, subject to the Freedom of Information Act and NRC's Freedom of Information Act regulation-s at 1 O CFR Part 9, subpart A, copies of the records, reports, transcript minutes, appendices, working papers, drafts, studies, agenda, or other documents that were made available to or prepared for 30

or by each NRC advisory committee are available for public inspection and copying at the-NRC Web site http://www.nrc.gov, and/or at the NRC Public Document Room, until the advisory committee ceases to exist.

23.,In §7.11, paragraph (d)(5) is revised to read as follows:

§7.11 The _Designated Federal Officer. (d) (5) Make copies of committee documents required to be maintained for public inspection and copying pursuant to §7.14(b) available at the NRC Web site, http://www.nrc.gov, and/or at the NRG Public Document Room.

24. Section 7.14 is revised to read as follows:

§7.14 Public information on advisory committees. (a) The Nuclear Regulatory Commission shall maintain systematic information ori the nature, functions, and operations of each NRC advisory committee. A complete set of the charters of NRC advisory committees and copies of the annual reports required by §7.17(a) will be maintained for public inspection at either the NRC Web site, http://www.nrc.gov; and/or at the NRC Public Document Room. (b) Subject to the provisions of the Freedom of Information Act (5 U.S.C. 552) and NRC's Freedom of Information Act regulations at 1 O CFR Part 9, subpart A, copies of NRC advisory committees' records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, and other documents shall be maintained for public inspection and copying at the NRC Web site, http://www.nrc.gov; and/or at the NRC Public Document Room. -31

25. In §7.17, paragraphs (a) and (b) are revised to read as follows:

§7.17 Reports required for advisory co.rnmittees. (a) The Commission shall furnish a report on the activities of NRC advisory committees annually to the Administrator and the GSA Secretariat on a fiscal year basis. The report must contain information regarding NRC advisory committees required by Section 6(c) of the Act for the President's annual report to the Congress and be consistent with instructions provided by the GSA Secretariat. A copy of the report is made available at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room. (b) Any NRC advisory committee holding closed meetings shall issue a report, at least annually, setting forth a summary of its activities consistent with the 'policy of the Government in the Sunshine Act (5 U.S.C. 552b), as implemented by 1 O CFR 9.104. A copy of the report is made available at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room. PART 9-PUBLIC RECORDS

26. The authority citation for Part 9 continues to read as follows:

AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201 ); Sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841). Subpart A is also issued under 5 U.S.C. 552; 31 U.S.C. 9701; Pub. L. 99-570. Subpart Bis also issued under 5 U.S.C. 552a. Subpart C is also issued under 5 U.S.C. 552b.

27. Section 9.21 is revised to read as follows:

§9.21 Publicly available records. 32

(a) Single copies of NRG publications in the NUREG series, NRG Regulatory Guides, and Standard Reyiew Plans can be ordered from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia, 22161. (b) For the convenience of persons who may wish to inspect without charge, or purchase copies of a record or a limited category of records.for a fee, publicly available records of the NRC's activities described in paragraph (c) of this section are also made available at the NRG Web site, httpJ/www.nrc.gov, and/or at the NRG Public Document Room located at 2120 L Street, NW., Washington, D.C., open between 7:45 am and 4:15 pm on Monday through Friday, except Federal holidays. (c) The following records of NRG activities are available for public inspection and copying: (1) Final opinions including concurring and dissenting opinions as well as orders of the NRG issued as a result of adjudication of cases; (2) Statements of policy and interpretations that have been adopted by the NRG and have not been published in the Federal Register; (3) Nuclear Regulatory Commission rules and regulations; (4) Nuclear Regulatory Commission Manuals and instructions to NRG personnel that affect any member of the public; (5) Copies of records that have been released to a person under the Freedom of Information Act that, because of the nature of their subject matter, the NRG determines have become or are likely to become the subject of subsequent requests for substantially the same records. (6) A general index of the records released under the FOIA. (d) The published versions of the records made publicly available under paragraph (c)(1) of this section are available under the title, Nuclear Regulatory Issuances, NUREG-0750, for purchase through the National Technical Information Service. 33

28. In §9.23, paragraph (a){2) is removed and reserved and paragraphs (a)(1 ), (c), (d){2), and (e) are revised to read as follows:

§9.23 Requests for records. (a)(1) A person may request access to records routinely made available by the NRC under §9.21 in person or by telephone, e-mail, fax, or U.S. mail from the NRC Public Document Room, 2120 L Street, NW., Washington, D.C. 20555-0001. (i) Each record requested must be described in sufficient detail to enable the NRC Public Document Room staff to locate the record. (ii) In order to obtain copies of records expeditiously, a person may open an account at the NRC Public Document Room with the private contracting firm that is responsible for duplicating NRC records. (2) [Reserved] (c) If a requested agency record that has been reasonably described is located at a place other than at the NRC Web site, http://www.nrc.gov, the NRC Public Document Room, or the NRC headquarters, the NRC may, at its discretion, make the record available for inspection and copying at either of the locations. (d) (2) If the requested record has been placed on the NRC Internet Web site, under §9.21, the NRC may inform the requester that the record is available at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room, and that the record may be obtained in accordance with the procedures set forth in paragraph (a) of this section. (e) The Freedom of Information Act and Privacy Act Officer will promptly forward a Freedom of Information Act request made under paragraph (b) of this section for an agency record tq the head of the office(s) primarily concerned with the records requested, as appropriate. The responsible office will 34

conduct a search for the agency records responsive to the request and compile those agency records to be reviewed for initial disclosure determination and/or identify those that have already been made publicly available at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room. , 29. In §9.35, paragraph (e) is removed, paragraphs (a)(2), (a)(5) and the introductory text of paragraph (b) are revised to read as follows: §9.35 Duplication fees. (a) (2) Self-service duplicating machines are available at the NRC Public Document Room for the use of the public. Paper to paper copy is $0.08 per page. Microfiche to paper is $0.1 0 per page on the reader printers. (5) Any change in the costs specified in this section will become effective immediately pending completion of the final rulemaking that amends this section to reflect the new charges. The Commission will post the charges that will be in effect for the interim period at the NRC Public Document Room. The Commission will publish a final rule in the Federal Register that includes the new charges within 15 working days from the beginning of the interim period. (b) The NRC will assess the following charges for copies of records to be duplicated by the NRC at locations other than the NRC Public Document Room located in Washington, D.C.:

30. In §9.45 paragraph (b) is revised to read as follows:

§9.45 Annual reports to the Attorney General of the United States. 35

(b) The NRC will make a copy of the most recent report available_ to the public at the NRC Web site, http://www.nrc.gov.

31. In §9.105, paragraph (b) is revised to read as follows:

§9.105 Commission procedures. (b) Within one day of any vote taken pursuant to paragraph (a) of this section, §9.106(a), or §9.108(c), the Secretary shall make publicly available at the NRC Web site, httpJ/www.nrc.gov, a written copy of such vote reflecting the vote of each member on the question. If a portion of a meeting is to be closed to the public, the Secretary shall, within one day of the vote taken pursuant to paragraph (a) of this section or §9.106(a), make publicly available at the NRC Web site, http://www.nrc.gov, a full written explanation of its action closing the portion together with a list of all persons expected to attend the meeting and their affiliation.

32. In §9.107, paragraph (d)(1) is revised to read as follows:

§9.107 Public announcement of Commission meetings. (d) (1) Publicly posting a copy of the document at the NRC Web site, http://www.nrc.gov,; and, to the extent appropriate under the circumstances;

33. In §9.108, paragraph (b) is revised to read as follows:

§9.108 Certification, transcripts, recordings and minutes. 36

(b) The Commission shall make promptly available to the public at the NRG Web site, http://www.nrc.gov, the transcript, electronic recording, or minutes (as required by paragraph (a) of this section) of the discussion of any item on the agenda, or of any item of the testimony of any witness received at the meeting, except for such item or items of such discussion or testimony as the Commission determines pursuant to paragraph (c) of this section to contain information which may be withheld under §9.104 or §9.105(c). Copies of such transcript, or minutes, or a transcription of such recording disclosing the identity of each speaker, shall be furnished to any person upon payment of the actual cost of duplication or transcription as provided in §9.14. The Secretary shall maintain a complete verbatim copy of the transcript, a complete copy of the minutes, or a complete electronic recording of each meeting, or portion of a meeting, closed to the public, for a period of at least two years after such meeting, or until one year after the conclusion of any Commission proceeding with respect to which the meeting or portion was held, whichever occurs* later. Part 50 --DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES

34. The authority citation for Part 50 co~tinues to read as follows:

AUTHORITY: Secs. 102,103,104,105,161,182,183,186,189, 68 Stat. 936,937,938,948, 953,954,955,956, as amended, sec. 234, 83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended 1244, 1246, (42 U.S.C. 5841, 5842, 5846). Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851 ). Section 50.10 also issued under secs. 101, 185, 68 Stat. 955 as amended (42 U.S.C. 2131, 2235), sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd) and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). Sections 50.23, 50.35, 50.55 and 50.56 also issued 37

under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Section 50.33am 50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Section 50.37 also issued under E.O. 12829, 3 CFR 1993 Comp., p. 570, E.O. 12958, as amended, 3 CFR 1995 Comp., p. 333, E.O. 12968, 3 CFR 1995 Comp., p. 391). Sections 50.58, 50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix Falso issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

35. In §50.30, paragraph (a)(5) is revised to read as follows:

§50.30 Filing of application for licenses; Oath or affirmation. (a) (5) At the time of filing an application, the Commission will make available at the NRC Web site, http://www.nrc.gov, a copy of the application, subsequent amendments, and other records pertinent to the facility for public inspection and copying.

36. In §50.44, paragraph (c)(3)(iv)(C) is revised to read as follows:

§50.44 Standards for combustible gas contr?I systems in light-water-cooled power reactors. (c) (3} (iv) (C) Subsubarticle NE - 3220, Division 1, and Subsubarticle CC - 3720, Division 2: of Section Ill of the ASME Boiler and Pressure Vessel Code, referenced in paragraphs (c)(3)(iv)(B)ill and (c)(3)(iv)(B).(g}. 38

of this section, have been approved for incorporation by reference by the Director of the Office of the Federal Register. A notice of any changes made to the material incorporated by reference will be published in the Federal Register. Copies of the ASME Boiler and Pressure Vessel Code may be purchased from the American Society of Mechanical Enginee~s, United Engineering Center, 345 East 47th Street, New York, N.Y. 10017. It is also available for inspection at the NRC"Technical Reference Library, Two White Flint North, Room 289, 11545 Rockville Pike, Rockville, MD.

37. In §50.66, the introductory text of paragraph (a), paragraph (a)(2), the introductory text of paragraph (f)(2), and paragraph (f)(3) are revised to read as follows:

§50.66 Requirements for them,al annealing of the reactor pressure vessel. (a) For those light water nuclear power reactors where neutron radiation has reduced the fracture toughness of the reactor vessel materials, a thermal annealing may be applied to the reactor vessel to recover the fracture toughness of the material. The use of a thermal annealing treatment is subject to the requirements in this section. A report describing the licensee's plan for conducting the thermal annealing must be submitted in accordance with §50.4 at least three years prior to the date at which the limiting

• fracture toughness criteria in §50.61 or Appendix G to Part 50 would be exceeded. Within three years of the submittal of the Thermal Annealing Report and at least thirty days prior to the start of the thermal annealing, the NRC will review the Thermal Annealing Report and make available the results of its evaluation at the NRC Web site, http://www.nrc.gov. The licensee may begin the thermal anneal after:

(2) The NRC makes available the results of its evaluation of the Them,al Annealing Report at the NRC Web site, http://www.nrc.gov; and 39

(f) (2) Within 15 days after the NRC's receipt of the licensee submissions required by paragraphs (c)(1 ), (c)(2) and (c)(3)(i) through (iii) of this section, the NRC staff shall make available at the NRC Web site, http://www.nrc.gov, a summary of its inspection of the licensee's thermal annealing, and the Commission shall hold a public meeting: (3) Within 45 days of NAC's receipt of the licensee submissions required by paragraphs (c)(1 ), (c)(2) and (c)(3)(i) through (iii) of this section, the NRC staff shall complete full documentation of its inspection of the licensee's annealing process and make available this documentation at the NRC Web site, http://www.nrc.gov.

38. In Appendix Oto Part 50, paragraph 5 is revised to read as follows:

Appendix O to Part 50 - Standardization of Design; Staff Review of Standard Designs.

5. Upon completion of their review of a submittal under this appendix, the NRC regulatory staff shall publish in the Federal Register a determination as to whether or not the preliminary or final design is acceptable, subject to such conditions as may be appropriate, and make available at the NRC Web site, http://www.nrc.gov, an analysis of the design in the form of a report. An approved design shall be utilized by and relied upon by the regulatory staff and the ACRS in their review of any individual facility license application which incorporates by reference a design approved in accordance with this paragraph unless there exists significant new information which substantially affects the earlier determination or other good cause.

39. In Appendix Q to Part 50, paragraph 4 is revised to read as follows:

40

Appendix Q to Part 50 - Pre-application Early Review of Site Suitability Issues.

4. Upon completion of review by the NRC staff and, if appropriate by the ACRS, of a submittal under this appendix, the NRC staff shall prepare a Staff Site Report which shall identify the location of the site, state the site suitability issues reviewed, explain the nature and scope of the review, state the conclusions of the staff regarding the issues reviewed and state the reasons for those conclusions. Upon issuance of an NRC Staff Site Report, the NRC staff shall publish a notice of the availability of the report in the Federal Register and shall make the report available at the NRC Web site, http://www.nrc.gov. The NRC staff shall also send a copy of the report to the Governor or other appropriate official of the State in which the site is located, and to the chief executive of the municipality in,which the site is located or, if the.

site is not located in a municipality, to the chief executive of the county. PART 51-ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS

40. The authority citation for Part 51 continues to read as follows:

AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs. 201, as amended, 202, 88 Stat. 1242, as amended 1244 (42 U.S.C. 5841, 5842). Subpart A also issued under National Environmental Policy Act of 1969, secs. 102, 104, 105, 83 Stat. 853-954, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L.95-604, Title 11, 92 Stat. 3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243). Sections 51.20, 51.30, 51.60, 51.80, and 51.97 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241, and sec. 148, Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168). Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste I 41

Policy Act of 1982, sec. 121, 96 Stat. 2228 (42 U.S.C. 10141). Sections 51.43, 51.67, and 51.109 also issued under Nuclear Waste Policy Act of 1982, sec. 114(f) 96 Stat. 2216, is amended (42 U.S.C. 10134-(f)).

41. In §51.62, paragraph (a) is revised to read as follows:

§51.62 Environmental report-land disposal of radioactive waste licensed under 1 0 CFR Part 61. (a) Each applicant for issuance of a license for land dispo,sal of radioactive waste pursuant to Part 61 of this chapter shall submit with its application to the Director of Nuclear Material Safety and Safeguards the number of copies, as specified in §51.66 of a separate document, entitled "Applicant's Environmental Report -- License for Land Disposal of Radioactive Waste.* The environmental report and any supplement to the environmental report may incorporate by reference information contained in the application or in any previous application, statement or report filed with the Commission provided that such references are clear and specific and that copies of the information so incorporated are available at I the NRG Web site, http://www.nrc.gov, and/or at the NRG Public Document Room.

42. Section 51.120 is revised to read as follows:

§51.120 Availability of environmental documents for public inspection. Copies of environmental reports, draft and final environmental impact statements, environmental assessments, and findings of no significant impact, together with any related comments and environmental documents, will be made avail.able at the NRG Web site, http://www.nrc.gov, and/or at the NRG Public Document Room.

43. In §51.123, paragraph (a) and (b) are revised to read as follows:

§51.123 Charges for environmental documents; distribution to governmental agencies. 42 _)

(a) Distribution to public. Upon written request to the Reproduction and Distribution Services Section, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, and to the extent available, single copies of draft environmental impact statements and draft findings of no significant impact will be made available to interested persons without charg~. Single copies of final environmental impact statements and final findings of n_o significant impact will also be provided without charge to' the persons listed in §51.93(a) and §51.119(c)', respectively. When more than one copy of an environmental impact statement or a finding of no significant impact is requested or when available NRG copies have been exhausted, the requester will be advised that the NRG will provide copie*s at the charges speci~ed in §9.35 of this chapter. _ (b) Distr\bution to governmental agencies. Upon written request to the Reproduction and Distribution Services Section, Office of the Chief Information Officer, U.S. Nuclear Regulatory, I Commission, Washington, D.C. 20555-0001, and to the extent available, copies of draft and final environmental impact statements and draft"final findings of no significant impact will be made available in the number requested to Federal, State and local agencies, Indian tribes, and State, regional and metropolitan clearinghouses. When available NRG copies have been exhausted, the requester will be advised that the NRG will provide copies at the charges specified in §9.35 of this chapter. PART 52--EARLY SITE PERMITS; STANDARDS DESIGN CERTIFICATIONS; AND COMBINED LICENSES FOR NUCLEAR POWER PLANTS

44. The authority citation for Part 52 continues to read as follows:

• AUTHORITY: Secs. 103, 104, 161, 182, 183, 186, 68 Stat. 936, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 1244, as amended (42 U.S.C. 2133, 2201, 2232, 2233, 2236, 2239, 2282);

secs. 201,202,206, 88 Stat. 1242, 1244, 1246, as amended (42 U.S.C. 5841, 5842, 5846). 43

45. In Appendix A to Part 52, Section VI, paragraph E.1.b. is revised to read as follows:

Appendix A to Part 52-Design Certification Rule For the U.S. Advanced Boiling Reactor. VI. Issue Resolution. E. *

1. *

b. The reason why the information currently available to the public at the NRG Web site, http://www.nrc.gov, and/or at the NRG Public Document Room, is insufficient;

46. In Appendix B to Part 52, Section VI, paragraph E.1.b. is revised to read as follows:

Appendix B to Part 52 - Design Certification Rule for the System 80+ Design. E. *

1. *

b. The reason why the information currently available to the public at the NRG Web site, http://www.nrc.gov, and/or at the NRG Public Document Room, is insufficient.

47. In Appendix O to Part 52, paragraph 5 is revised to read as follows:

Appendix O to Part 52 - Stand~rdization of Design; Staff Review of Standard Designs.

5. Upon completion of their review of a submittal under this appendix, the NRG regulatory staff shall publish in the Federal Register a determination as to whether or not the preliminary or final design is 44

acceptable, subject to such-conditions as may be appropriate, and make available at the NRG Web site, http://www.nrc.gov, an analysis of the design in the form of a report. An approved design shall be utilized 1 by and relied upon by the regulatory staff and the ACRS in their review of any indMdual facility license application which incorporates by reference a design approved in accordance with this paragraph unless there exlsts significant new information which substantially affects the earlier determination or other good cause.

48. In Appendix Q to Part 52, paragraph 4 is revised to read as follows:

Appendix Q to Part 52 - Pre-Application Early Site Review of Site Suitability Issues.

4. Upon completion of review by the NRG staff and, if appropriate by the ACRS, of a submittal under this appendix, the NRG staff shall prepare a Staff Site Report which shall identify the locatiqn of the site, state the site suitability issues reviewed, explain the nature and scope of the review, state the conclusions of the staff regarding the issues reviewed and state the reasons for those conclusions. Upon issuanc~ of an NRG Staff Site Report, the NRG staff shall publish a notice of the availability of the report in the Federal Register and shall make available a copy of the report at the NRG Web site, http://www.nrc.gov. The NRG staff shall also send a copy of the report to the Governor or other appropriate official of the State in which the site is located, and to the chief executive of the municipality in which the site is located or, if the site is not located in a municipality, tb the chief executive of the county.

PART 60--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE IN GEOLOGIC REPOSITORIES

49. The authority citation for Part 60 continues to read as follows:

45

Authority: Secs. 51, 53, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 929, 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2071, 2073, 2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88 Stat. 1244, 1246 (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. 95-601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851); sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 114, 121, Pub. L. 97-425, 96 Stat. 2213g, 2228, as amended (42 U.S.C. 10134, 10141), and Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851).

50. In §60.2, the definition of Public Document Room is removed and the new definitions of NRC Public Document Room and NRC Web site are added to read as follows:

§60.2 Definitions. NRC Public Document R0om means the facility at 2120 L Street, NW., Washington, D.C. where certain public records of the NRC Jhat were made available for public inspection in paper or microfiche prior to the implementation of the NRC Agencywide Documents Access and Management System, commonly referred to as ADAMS, will remain available for public inspection. It is also the place where computer terminals are available to access the Electronic Reading Room component of ADAMS on the NRC Web site, http://www.nrc.gov, where copies can be made or ordered as set forth in §9.35. The facility is staffed with reference librarians to assist the public in identifying and locating documents and in using the NRC Web site and ADAMS. The NRC Public Document Room is open from 7:45 am to 4:15 pm, Monday t~rough Friday, except on Federal holidays. Reference service and access to documents may also be requested by telephone (202-634-3273 or 800-397-4209) between 8:30 am and 4:15 pm, or by e-mail (PDR@nrc.gov), fax (202-634-3343), or letter (NRC Public Document Room, LL-6, Washington, D.C. 20555-0001 ). 46

NRG Web site, http://www.nrc.gov is the Internet uniform resource locator name for the Internet address of the Web site where NRC will ordinarily make available its public records for inspection.

51. In §60.18, paragraph (f) is revised to read as follows:

§60.18 Review of site characterization activities. (f) The Director shall publish in the Federal Register a notice of availability of the site characterization analysis and a request for public comment within a reasonable period, as specified (not less than 90 days). The notice along with copies of the site characterization analysis shall be available at the NRG Web site, http://www.nrc.gov, and copies of any comments received will also be made available there.

52. In §60.61, paragraph (a) is revised to read as follows:

§60.61 Provision of information. (d) Copies of all communications by the Director under this section are available at the NRG Web site, http://www.nrc.gov, and/or at the NRC Public Document Room, and copies are furnished to DOE.

53. In §60.63, paragraphs (b) and (f) are revised to read as follows:

§60.63 Participation' in license reviews. (b) In addition, whenever an area has been approved by the President for site characterization, a State or an affected Indian Tribe may submit to the Director a proposal to facilitate its participation in the review of a site characterization plan and/or license application. The proposal may be submitted at any 47

r time and must contain a description and schedule-of how the,State or affected Indian Tribe wishes to participate in the review, or what services or activiti_es the State or affected Indian Tribe wishes NRG to carry out, and how the services or activitjes proposed to be carried out by NRG would contribute to such participation. The proposal may include educational or information services (seminars, public meetings) or other actions on the part of NRG, such as employment or exchange of State personnel under the Intergovernmental Personnel Act. (f) Proposals submitted under this section, and responses thereto, shall be made available at the NRG Web site, http://www.nrc.gov, and/or at the NRG Public Document Room. PART 62--CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES

54. The authority citation for Part 62 continues to read as follows:

AUTHORITY: Secs. 81, 161, as amended, 68 Stat. 935, 948, 949, 950, 951, as amended (42 U.S.C. 2111, 2201 ); secs. 201, 209, as amended, 88 Stat. 1242, 1248, as amended (42 U.S.C. 5841, 5849); secs. 3, 4, 5, 6, 99 Stat. 1843, 1844, 1845, 1846, 1847, 1848, 1849, 1850, 1851, 1852, 1853, 1854, 1855, 1856, 1857, (42 U.S.C. 2021 c, 2021 d, 2021 e, 2021f).

55. In §62.11, paragraph (b) is revised to read as follows:

§62.11 Filing and distribution of a determination request. (b) Upon receipt of a request for a determination, the Secretary of the Commission shall publish a notice acknowledging receipt of the request in the Federal Register. The notice must require that public comment on the request be submitted within 10 days of the publication date of the notice. A copy of the 48

request will be made available for inspection or copying at the NRC Web site, t,,ttp://www.nrc.gov, and/or at the NRC Public Document Room. The Secretary of the Commission shall also transmit a copy of the request to the U.S. Department of Energy, to the Governors of the States of the Compact region where I the waste is generated, to the Governors of the States with operating non-Federal low-level radioactive waste disposal facilities, to the Compact Commissions with operating regional low-level radioactive waste disposal facilities, and to the Governors of the States in the Compact Commissions with operating disposal facilities.

56. In §62.22, paragraph (c) is revised to read as follows:

§62.22 Notice of issuance of a determination (c) The Secretary of the Commission shall make a copy of the final determination available for inspection at the NRC Web site, http://www.nrc.gov. PART 72 --LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE

57. The authority citation for Part 72 continues to read as follows:

AUTHORITY: Secs. 51, 53, 57, 62, 63, 65, 69, 81,161,182,183,184,186,187,189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C.2071,2073, 2077,2092,2093,2095,2099,2111,2201,2232, 2233,2234,2236,2237,2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 688, as amended (42 U.S.C. 2021 ); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846), Pub. L. 95-601, sec. 10, 92 Stat. 2951, as amended by Pub. L. 102-486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851 ); sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332); secs.131, 132,133,135,137,141, Pub. L. 97-425, 96 Stat. 49

2229, 2230, 2232, 2241, sec. 148, Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168). Secs. 72.44(g) also issued under secs. 142(b) and 148(c), (d), Pub. L. 100-203, 101 Stat. 1330-232, 1220-236 (42 U.S.C. 10162(b), 10168(c), (d)). Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97425, 96 Stat. 2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. L. 97-100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also issued under secs. 2(2), 2(15), 2(19), 117(a), 141 (h), Pub. L. 97-425, 96 Stat. 2202, 2203, 2204, 2222, 2224, (42 U.S.C. 10101, 10137(a), 10161 (h)). Subparts Kand Lare also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 U.S.C. 10198).

58. In §72.200, paragraph (c) is revised to read as follows:

§72.200 Provision of MRS information. (c) Copies of all communications by the Director or the Director's designee under this section must be made available at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room, and must be furnished to DOE. PART 75--SAFEGUARDS ON NUCLEAR MATERIAL-IMPLEMENTATION OF US/IAEA AGREEMENT

59. The authority citation for Part 75 continues to read as follows:

AUTHORITY: Secs. 53, 63, 103, 104, 122, 161, 68 Stat. 930, 932, 936, 937, 939, 948, as amended (42 U.S.C. 2073, 2093, 2133, 2134, 2152, 2201 ); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841 ). 50

Section 75.4 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).

60. In §75.2, paragraph (b) is revised to read as follows:

§75.2 Scope. (b) The United States eligible list is a list of installations eligible for IAEA safeguards under the US/IAEA Safeguards Agreement which the Secretary of State or his designee files with the Commission. A copy of this list is available for inspection at the NRG Web site, httpJ/www.nrc.gov, and/or at the NRG Public Document Room. In accordance with the provisions of the Agreement, the following activities are excluded from the United States eligible list: (1) Activities having direct national security significance. (2) Activities involving mining and ore processing. - PART 76--CERTIFICATION OF GASEOUS DIFFUSION PLANTS

61. The authority citation for Part 76 continues to read as follows:

AUTHORITY: Secs. 161, 68 Stat. 948, as amended, secs. 1312, 1701, as amended, 106 Stat. 2932, 2951, 2952, 2953, 11 O Stat. 1321-349 (42 U.S.C. 2201, 2297b-11, 2297f); secs. 201, as amended, 204, 206, 88 Stat. 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846). Sec 234(a), 83 Stat. 444, as amended by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 2243(a)). Sec. 76.7 also issued under Pub. L. 95-601. sec. 1 O, 92 Stat. 2951 (42 U.S.C. 5851 ). Sec. 76.22 is also issued under sec. 193{f), as amended, 104 Stat. 2835, as amended by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 2243(f)). Sec. 76.35U) also issued undersec.122, 68 Stat. 939 (42 U.S.C. 2152). 51

62. In §76.37, paragraph (a) is revised to read as follows:

§76.37 Federal Register notice. (a) A notice of the filing of an application specifying that copies of the application, except for Restricted Data, Unclassified Controlled Nuclear Information, Classified National Security Information, Safeguards Information, Proprietary Data, or other withholdable information will be made available for the public inspection at the NRC Web site, http://www.nrc.gov; PART 1 OD-REACTOR SITE CRITERIA

63. The authority citation for Part 100 continues to read as follows:

AUTHORITY: Secs. 103, 104, 161, 182, 68 Stat. 936,937,948,953, as amended (42*U.S.C. 2133, 2134, 2201, 2232); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842).

64. In §100.11 the undesignated paragraph after the note is removed and a new paragraph (c) is added to read as follows:

§100.11 Determination of exclusion, low population zone, and population center distance. (c) Copies of Technical Information Document 14844 may be obtained at the NRC Web site, http://www.nrc.gov, at the NRC Public Document Room, 2120 L Street, NW., Washington, D.C., or by writing the Director of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, j D.C. 20555-0001. PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

65. The a_uthority citation for Part 11 0 continues to read as follows:

52

AUTHORITY: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82,103,104,109,111,126,127,128,129, 161,181,182,183,187, 189,68Stat.929,930,931,932,933, 936,937,948,953, 954,955,956,as amended(42U.S.C.2071,2073,2074,2077, 2092-2095,2111,2112,2133,2134,2139,2139a, 2141, 2154-2158, 2201, 2231-2233, 2237, 2239); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841), sec. 5, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243). Sections 110.1 (b)(2) and 110.1 (b)(3) also issued under Pub. L. 96-92, 93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c and 57d., 88 Stat. 473, 475 (42 U.S.C. 2074). Section 110.27 also issued under sec. 309(a), Pub. L. 99-440. Section 110.50(b)(3) also issued under sec. 123. 92 Stat. 142 (42 U.S.C. 2153). Section 110.51 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 110.52 also issued under sec. 186, 68 Stat. 955 (42 U.S.C. 2236). Sections 110.80-110.113 also issued under (5 U.S.C. 552, 554). Sections 110.130-110.135 also issued under (5 U.S.C. 553). Sections 110.2 and 110.42(a)(9) also issued under sec. 903, Pub. L. 102-496 (42 U.S:C. 2151 et. seq).

66. In §110.2 the definition of Public Document Room is removed and new definitions of NRC Public Document Room and NRC Web site are added to read as follows:

§ 110.2 Definitions. NRG Public Document Room means the facility at 2120 L Street, NW., Washington, D.C. where certain public records of the NRC that were made available for public inspection in paper or microfiche prior to the implementation of the NRC Agencywide Documents Access and Management System, commonly referred to as ADAMS, will re~ain available for public inspection. It is also the place where computer terminals are available to access the Electronic Reading Room component of ADAMS on the NRC Web site, http://www.nrc.gov, where copies can be made or ordered as set forth in §9.35. The 53

facility is staffed with reference librarians to assist the public in identifying and locating documents and in using the NRC Web site and ADAMS. The NRC Public Document Room is open from 7:45 am to 4:15 pm, Monday through Friday, except on Federal holidays. Reference service and access to documents may also be requested by telephone (202-634-3273 or 800-397-4209) between 8:30 am and 4:15 pm, or by e-mail (PDR@nrc.gov), fax (202-634-3343), or letter (NRC Public Document Room, LL-6, Washington, D.C. 20555-0001 ). NRC Web site, http://www.nrc.gov, is the Internet uniform resource locator name for the Internet address of the Web site where NRC will ordinarily make available its public records for inspection.

67. In §110.70, paragraph (d) is removed and paragraph (a) is revised to read as follows:

§110.70 Public notice of receipt of application. (a) The Commission will notice the receipt of each license application for an export or import for which a specific license is required by making a copy available at the NRC Web site, http://www.nrc.gov.

68. Section 110. 71 is revised to read as follows:

§110.71 Notice of withdrawal of an application. The Commission will notice the withdrawal of an application by making a copy available at the NRC Web site, http://www.nrc.gov.

69. In §110.72, the section heading and introductory text are revised to read as follows:

§ 110. 72 Public availability of documents. 54

Unless exempt from disclosure under Part 9 of this chapter, the following documents pertaining to each license and license application for an import or export requiring a specific license under this Part will be made available at the NRG Web site, http://www.nrc.gov, and/or at the NRG Public Document Room:

70. 'In §110.112, paragraph (b) is revised to read as follows:

§ 110.112 Reporter and transcript for an oral hearing. (b) Except*for any classified portions, transcripts will be made available at the NRG Web site, http://www.nrc.gov, and/or at the NRG Public Document Room.

71.

In §110.113, paragraph (c) is revised to read as follows: § 110.113 Commission action. (c) If the Commission considers information not in the hearing record in reaching its licensing decision, the hearing participants will be informed and, if not classified or otherwise privileged, the information will be made available at the NRG Web site, http://www.nrc.gov, and furnished to the participants. Dated at Rockville, Maryland, this 24day of August, 1999.

• For the Nuclear Regulatory Commission.

Acting Chief Information Officer. 55

Mrs. Leo Drey DOCKETED 11s,rnc 515 West Point Avenue University City, MO 63130 "99 JUL -6 Al 1 :48 June 2 9 T 19. r I Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555 Attn: Rulemaking and Adjudications Staff H..... ADlJ,1 Re: News Release No. 99-96 -- Agencywide Documents Access and Management System (ADAMS)

Dear Sir or Madam:

Would you please suggest how I might be able to obtain paper copies of the following NRC documents once your public records become available only electronically? And how will I know when such documents have been released?:

1. information about the operation of the Callaway nuclear power plant (Docket No. 50-483);

2. NRC information notices, bulletins and circulars;

3. NRC Office of Public Affairs news releases.

I do not have a computer capable of accessing these documents, and am sorry to admit that I am basically computer-illiterate. Your response will be greatly appreciated. Sincerely,

U.S.NUCLEAR RE<.:iuu-.1v .~ RUlEMAKINGS & ADJUOICATIO STAF-F OFACE OF THE SECRETA OF THE COMMIS 10 Postmark Date _____.---,..::;.:'-'-I--'-' Copies Received ___ I

June 23, 1999 099-07 DOCKET NUMBER PROPOSED RUL.E.P I :l 7,f d ( <, FR :J'/531) Secretary US Nuclear Regulatory Commission Washington, DC 20555 Attn: Rulemaking and Adjudications Staff

Subject:

Comments on Proposed Rule RIN 3150-AG07

• 99 JUN 25 P 4 :31 OH Rt...

ADJ!_', r Electronic Availability of NRC Public Records and Ending of NRC Local Public Document Room Program I applaud the use of ADAMS to make NRC official records available to the public. However, I am against the shutting down of the LPDR program beyond Fiscal Year 1999. The problem is public access to the NRC official records prior to ADAMS. There is a definite need for the public to be able to view the pre-ADAMS records in a convenient location. Except for people in the Washington area, it is costly and time consuming to view the records at the PDR. The ability to order a document does not provide the necessary capability. A person needs to be able to view the documents before copying certain pages or ordering the entire document. Unless the ADAMS system is already fully operational and completely tested, it is imprudent to discontinue furnishing paper and microfiche copies to the LPDRs beyond Fiscal Year 1999. I recommend at least one year of overlap on the two systems. Sincerely, Gerry C. Slagis G C Slagis Associates 258 Hillcrest Place Pleasant Hill, CA 94523-2184 phone 925-687-8941 JUN 29 19gg_ ~cknowfedged by card---*-----

U.S. NUCLEAR REGULATORY COMWSSI RUIJ:MAKN3S&ADlllD\TICN STAFF Cffa~lHElltRETARY OFnE<DIIIBl()N

June 24, 1999 NOTE TO: Emile Julian Chief, Docketing and Services Branch FROM: Carol Gallagher /1 _ _ I) A.,, (} tJA _ J _,--,' ADM, DAS vCJ-H0 ~-'-1/

SUBJECT:

DOCKETING OF COMMENT ON PROPOSED RULE - ELECTRONIC AVAILABILITY OF NRC PUBLIC RECORDS AND ENDING OF NRC LOCAL PUBLIC DOCUMENT ROOM PROGRAM Attached for docketing is a comment letter related to the subject proposed rule. This comment was received via e-mail on June 24, 1999. The submitter's name is Gerry C. Slagis, 258 Hillcrest Place, Pleasant Hill, CA 94523-2184. Please send a copy of the docketed comment to Russell Powell (mail stop T6-D-9) for his records.

Attachment:

As stated cc w/o attachment: R. Powell

DOCKET NUMBER _ /J PROPOSED RULE. I ~ 7 fU a.r

• ITT1=R:itt53,) oor:KFTED

\ IS\iF{C WINSTON& STRAWN

• 99 o-A.'J,L..

JUN 25 P 4 :31 I 400 L STREET, N.W., W A SHINGTON, DC 20005-3502 202-3 7 I -5 700 35 W. WACKER DRIVE CHICAGO, IL 6060 1-9703 3 I 2 -558-5600 WRITER'S DIRECT DIAL NUMBER 2 00 PARK AVENUE NEW YORK, NY I O I 66-4193 2 I 2 -294-6700 43 RUE DU RHONE I 2 0 4 GENEVA, SWITZERLAND 4 1-22-3 I 7 75 June 23, 1999 Ms. Annette Vietti-Cook Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Ms. Vietti-Cook:

ATTN: Rulemaking and Adjudications Staff Electronic Letterhead 2 I AVENUE VICTOR HUGO 75 I I 6 PARIS, FRANCE 33-1-53-64-82-82 Re: Comments on Proposed Rule: "Electronic Availability on NRC Public Records and Ending of NRC Local Public Document Room Program" ( 64 Fed. Reg. 24,531 (May 7, 1999))

Dear Ms. Vietti-Cook:

On May 7, 1999, the U.S. Nuclear Regulatory Commission ("NRC") published in the Federal Register a proposed rule to amend the NRC's regulations to reflect the adoption of a new document management system, Agencywide Documents Access and Management System ("ADAMS"). Under ADAMS, official agency documents formerly obtained through the Public Document Room ("PDR") will be made available electronically via the NRC website. The following comments are submitted by Winston & Strawn on the above-captioned rulemaking. Comments on the Proposed Rule JUN 2 9 1999 ~ekno edged v card................... ~

U.S. NUCLEAR REGULATORY CO ION RU' &ADJUDICATD4S STAFF OFFICE OF"RESECRETARY OFTHECOMl~ON

Ms. Annette Vietti-Cook June 23, 1999 Page 2

1.

The NRC website is organized into various hyperlinked subject areas such as "Enforcement," "Selected Reports," "Commission Activities," etc. Likewise, the BRS system is organized by dockets, reference groups, etc. Given the magnitude and volume of official record material created and received by the Agency, we urge that a similar organizational scheme be adopted for the ADAMS to help facilitate the public access to documents by docket number, reference group, or subject area. There should be a consistent transition from the BRS system to ADAMS in terms of the how one would locate particular types of documents.

2.

The proposed rule assumes that official agency records are limited to the paper medium. The following is a list of non-paper agency records not addressed in the proposed rule:

3.

a.

Videotapes of Commission meetings;

b.

Videotapes submitted by third parties at Commission/Public meetings;

c.

Diskettes either containing data or software programs;

d.

Electronic messages (e-mail); and

e.

Other one-of-a-kind records We recommend that the ADAMS or the PDR accommodate the public availability of records that are not suitable for electronic dissemination. There is a distinction in the minds of the public about the Internet copy of an official agency record and the actual official record itself. Will imaged records in the ADAMS include the official NRC watermark and signature?

4.

The NRC generates a significant number of NUREGs during the course of the year. Traditionally, only selected NUREGs are posted to the website. We believe that all NUREGS should be available on ADAMS.

5.

The ADAMS calls for the document processing contractor to determine the public availability of externally generated documents. Inherent in this process is a scenario in which a contractor employee incorrectly classifies a document and thereby restricts the public's access to it. The NRC should implement controls to ensure that the document processing contractor is properly qualified to classify documents. Likewise, we recommend that controls be instituted to ensure that proprietary information that is not clearly marked or stamped is not made publicly available during the screening process.

Ms. Annette Vietti-Cook June 23, 1999 Page 3

6.

At present, the NRC has established a mechanism to provide the public with advance copy notice of recent correspondence, reports, meeting summaries, etc. This practice helps to provide the public with important documents whose dissemination would otherwise be delayed to due microfilming. The advance copy practice includes the maintenance of an advance copy file in the PDR and a similar Internet version. Despite the fact that ADAMS should hasten the public availability of documents, there will always be a backlog of unprocessed documents in any document management system. The NRC should include an advance copy public library in the ADAMS architecture. KMS:kmj Respectfully submitted, Kathryn M. Sutton Donald P. Ferraro Carlos L. Sisco

June 24, 1999 NOTE TO: Emile Julian Chief, Docketing and Services Branch FROM: Carol Gallagher /7 ,,. //. tJ I,A - ~ _ ___./ ADM, DAS ~ ~0-A-'

SUBJECT:

DOCKETING OF COMMENT ON PROPOSED RULE - ELECTRONIC AVAILABILITY OF NRC PUBLIC RECORDS AND ENDING OF NRC LOCAL PUBLIC DOCUMENT ROOM PROGRAM Attached for docketing is a comment letter related to the subject proposed rule. This comment was received via the rulemaking website on June 23, 1999. The submitter's name is Kathryn M. Sutton, Winston & Strawn, 1400 L. Street NW, Washington, DC 20005. Please send a copy of the docketed comment to Russell Powell (mail stop T6-D-9) for his records.

Attachment:

As stated cc w/o attachment: R. Powell

DOCKET N BER PR --f-a) PROPOSED RULE~

i, 1 ~..

( &L/ FR~t/531./ Comments on Proposed Rule RIN 3150-AG07 Electronic Availability of NRC Public Records"99 JU, 24 p 4 :32 The NRC system may work well for those industry, special interest, commercial and government users with fast access to the Internet, however the system may be slow, cu~ ijersome, and costly for home users with 33K and 56K modems. NRC states that it will make ""inaged copies of its newly received and created publicly available records that are in paper form." Scanned image files of single pages can be very large in terms of bytes of data, making download times very long for these kinds of documents for users who do not have high speed access. Has the NRC done an assessment of use of the Local Public Document Rooms (LPDRs) located near nuclear power plants and nuclear facilities by members of the public? Has NRC targeted these users and done an assessment to reach these users? For example, the Federal Register may not be a suitable mechanism to reach members of the public. How do these members of the public feel about NRC' s plans? NRC is asking where there are potential unique situations where electronic availability of records may not provide adequate availability. Many users, especially in economically disadvantaged communities, may not even have computers, thereby making access to ADAMS very difficult. Should these users be forced to pay a fee to access NRC documents? In addition, as highlighted in recent newspaper articles, many rural communities and parts of the United States, especially in the West, do not even have telephone systems capable of supporting electronic data transmission and some sy:,tems do not permit data transfer for higher speed modems. The NRC's existing electronic systems on the Internet and the new system as proposed will provide lots of data but not enough information. There will be a lot of data, but it will be hard to get information (understanding) just as it is today with NRC's Internet site and paper documents. For example, how many pages will one have to look at to find out that NRC has posted a record or document? How many hard copy documents will a user have to retain or find to understand an electronic record or document. For example, SECY-99-03 5 issued February 1, 1999 is a status of the Site Decommissioning Plan. Yet without the previous NRC documents that describe each site, one viewing the SECY-99-03 5 for the first time would know very little. Another example, NRC issued an important policy-setting related SECY-99-012 "Use ofUranium Mill Tailings Impoundments for the Disposal of Waste Other than l le.(2) Byproduct Material and Reviews of Applications to Process aterial Other than Natural Uranium Ores" on 04/08/1999, yet there is not a corresponding news release. How many web pages will one have to look at to find something important that is new? The NRC has few if any public Internet accessible databases. There are none for licenses, SDMP sites, radiation exposure from licenses, or those that discharge radioactivity to the air, water, or land. One cannot search by zip code. NRC's existing Internet is hard to locate along functional lines. It is not well integrated, except by NRC numbering systems such as SECY numbers and news release date. Search engines do not integrate in paper or microfiche or documents not yet posted. NRC states that it will discontinue the LPDR program at its 86 LPDRs. Eighty six LPDRs is a

U S UCLEAR REGULATORY COMMJSSION RLLEMAKINGS&ADJUDICATIONS STAFF OFFICE OFltlE SECRETARY Of THE COMMISSION DoctneAtStatlstics 1,/;;1 / q9 r I

significant number. NRC states it will offer current LPDRs the opportunity to keep their current collection. NRC states that the decision to accept transfer of ownership of the collection and the length oftime they will be maintained will be the sole discretion of each library. This implies that the NRC is literally abandoning the information in these LPDRs since the NRC is apparently not going to provide any funding or oversight to maintain the exisitng information in the LPDRs that is not in electronic format. Today the NRC places information on the Internet, however one often needs to refer to older documents in paper format to interpret the current electronic information that NRC is providing and gain the full understanding of the situation. Unfortunately, unless the NRC commits to placing paper copy and microfiche information in electronic format to ensure its availability to the public, there is a strong likelihood that over time there will be an information gap where paper copy information is needed but not available. Today the NRC places electronic information such as SECY documents on the Internet, however the electronic documents often reference documents that are not available in electronic format. Before the NRC finalizes a rule to change the way documents are made available to the public in electronic format and abandoning existing paper and microfiche systems, the NRC needs a transition period to get an electronic system truly functioning to the satisfaction of the customers most affected, the members of the public and other federal, state, and local government agencies. The NRC needs a customer feedback process to ensure that the public's comments are obtained and acted upon during the transition period. The NRC needs a system to actively seek customer feedback of problems that customers (as the public) experience with its new system, a system to provide an analysis of customer problems reported, and a system to make changes and improvements in response to customer feedback. The NRC's existing electronic system is not well integrated with existing paper documents to provide information. The NRC has no visible information system for member of the public to locate information by zip code. The NRC states that some new records will be made available to the public in days instead of the two weeks or longer it now takes for LPDRs to receive documents. The NRC should examine its existing electronic system as there are documents that the NRC has issued months ago in 1999 that are not on the Internet. For example, SECY documents and SECY-99-035 was issued in February 1, 1999 yet it is not available in electronic format months later. At http://www.nrc.gov/},.'RC/C01v1MISSION/SECYS/index.html#l999 SECY-99-009, 019, 023, 026, 032 - 036, 044, 053, etc. possibly dating back to the January February 1999 timeframe show no listings. Are some of these like SECY-99-035 and issued but not yet posted?? Will NRC fund and maintain and upgrade the computer terminals, software, and printers in LPDRs? Under the Regulatory Flexibility Certification, the NRC states that the action "will not have a

significant economic impact upon a substantial number of small entities". It goes on to say that "Any small entity subject to this regulation" and follows that with subsections (a) through (d) focused only on "licensees". If this regulation is for availability of public records, then who is the customer here, the licensee or the member of the public? Is not a member of the public or a LPDR in a community with low speed access to the Internet either because of limitations of the phone system or the computer hardware not a small entity?? Section 9.21 of the proposed regulation subsection (a) states that single copies certain NRC records will be available through NTIS. IfNRC is replacing the LPDR with the Internet, why can't these records in (a) also be made available through the Internet? Section 9.21 of the proposed regulation subsection (c) states "The following records ofNRC activities are available for public inspection and copying:" What records are not available for inspection? What about records of licensees or applicants for licenses submitted to the NRC? Shouldn't records like decommissioning plans and letters to the NRC also be made available in the electronic format? Shouldn't licensees be required to submit records in electronic format as well as paper format so that file sizes on the Internet be smaller rather than requiring NRC to scan and post the images or to conduct optical character recognition that may result in loss of data? Also what about information on sites and status of sites, and what about public outreach documents. Will these be placed on the Internet? Section 9.23 of the proposed regulation subsection (a)(I), shouldn't the NRC require the same of itself that each record or document be placed on the Internet be described in sufficient detail to enable the public to locate the document? Shouldn't the NRC require itself to build a relational information system such that a member of the public can locate all NRC and licensee information, including upcoming meetings, about a specific site or licensee? Section 9.35 of the proposed regulation subsection (2). What about making copies available on floppy disk, high density disk, or CD? Section 9.45 of the proposed regulation subsection (b). Why can't the NRC place similar measurable requirements such as the within one day after vote on other records? Section 9.107 of the proposed regulation subsection. How soon in advance? What about an e-mail notification system that lets people know rather than making them look at a web site? Part 50. What about decommissioning plans, letters, and other documents submitted to the NRC by a licensee or license applicant? Section 51. 62. How soon after will they be posted? The NRC should look at the DOE stakeholder Internet database to see what kinds of information the public wants on the Internet.

Singed,

ErEO L* s ~ll. I 1?,i, IC¢nsmg uppottt ~ttUIC¢S

• 99 JUN 23 P 2 :53 Roger W. Huston Roget@licensin~upport.net June 18, 1999 Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555

0. *1 I L.

ADJU_ ATTN: Rulemaking and Adjudications Staff DOCKET NUMBER PROPOSED RULE.PR ft::;,* 7 i/al. ( /pt/ R:lt/5 31)

SUBJECT:

Public Comment on Proposed Rulemaking re: Electronic Availability of NRC Public Records and Ending ofNRC Local Public Document Room Program (64 FR 24531) Licensing Support Services (LSS) is pleased to provide comments in response to the subject Federal Register notice. LSS is a small consulting firm providing services to nuclear utilities. Part of our mission is to monitor NRC activities and inform our clients of new developments. Access to NRC information is important in carrying out this mission. We have a strong interest in assuring that information is available broadly and promptly. The proposal would substitute electronic availability via the Agencywide Documents Access and Management System (ADAMS) for paper copy availability at central and local public document rooms (LPDRs). ADAMS would make documents accessible via the World Wide Web. LPDRs, which have heretofore provided access to paper and microfiche copies of documents near major nuclear facilities, would be eliminated. LSS supports the proposal to change to a records system that would make NRC documents available to the public via the World Wide Web. LSS has significant concerns, however, with how this change is being carried out. World Wide Web access has great promise. Realizing that promise depends on how the proposed change is implemented. ADAMS is, to our knowledge, an untried system. It may be capable of performing all of the tasks envisioned for it with ease. It may also, however, be unable to fulfill all ofNRC's plans. It is not uncommon for software to be marketed with great expectations only to find that the reality is somewhat less than expected once the system is in place. It is therefore prudent to try out a new system first, to debug it and verify that it can accomplish what is intended, before abandoning the tried-and-true method it is to replace. Here, that is not being done. The Federal Register Notice reports that the Commission has decided to terminate support of the LPDR system at the end ofFY99. Current plans .fdnowtedged bveard I I Ju,.. ~ !II '~~it 4204 Christine Place Alexandria, VA 22311-1109 703-671-9738 703-671-0828(fax)

i.ATORY COMMISSlai ,~GS & ADJUOICATIN; ll'Aff )FFICE OFTHESECRETARr OFTHECO ocumentStatlsb

Secretary June 18, 1999 Page 2 are that ADAMS will not be available until about the end ofFY99, but reports are that implementation of the system is not going according to plan. This is not surprising. Implementation of major computer*based systems of the scope of ADAMS often surfaces unexpected problems. Resolving those problems takes time. Implementation schedules must be viewed as likely to encounter delay, not as certain of being met, even in the best of circumstances. The likelihood of a delay in implementing ADAMS, combined with the end of support for LPDRs at the beginning ofFY00, makes it very likely that public access to information will be interrupted for a time. How long is unknown. If the system is implemented in calendar year 1999 and fulfills most or all of its expectations, that time will be brief. If the system does not become available, or cannot accomplish tasks now planned, public access to information could be seriously curtailed for an unknown duration. Given the magnitude of this undertaking, it would be prudent to maintain the existing system, which we know works, until its replacement is proven. The Federal Register notice states, in part, that "[s]ome new records will be available to the public within days instead of the two weeks or longer it now takes for LPDRs to receive microfiche or paper copies of new accessions". This too is part of the promise of the World Wide Web, but it is not an automatic outcome in any web.based system. LSS recently wrote to the Commissioners expressing concern with delays associated with recent posting of SECY and related documents on NRC's web site (LSS letter dated May 7, 1999, enclosed). A response to that letter was received on June 4, 1999, from Ms. Lynn Scattolini, Director, Information Management Division. Ms. Scattolini's letter reads, in part: "Commission documents intended for posting to the web site have to first be coded in hypertext markup language. Therefore, several days may lapse from the date of their release to the Public Document Room until the date of posting". This explains delays currently being experienced with the posting of a few (rarely more than ten) documents a day. The Public Document Room accession list often adds over 300 records in a day. LSS is concerned that the volume of material, and the practical needs of preparing it for web availability (the problem identified by Ms. Scattolini), will make it difficult or impossible to fulfill the promise made in the Notice. Again, the lack of a trial period makes it impossible to know whether these fears are misplaced. In any event, NRC needs to monitor carefully the timeliness of information availability, and its quality, once ADAMS is implemented. Problems, if identified, must be addressed. Resource needs for performing this function should be considered in implementing the change.

Secretary June 18, 1999 Page 3 LSS appreciates the opportunity to comment on this proposal. If there are any questions regarding our comments, please do not hesitate to contact me. Respectfully, Enclosure

May 7, 1999 Chairman Shirley Ann Jackson Commissioner Greta Joy Dicus Commissioner Nils J. Diaz Commissioner Edward McGaffigan, Jr. Commissioner Jeffrey S. Merrifield U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Commissioners: Enclosure Licensing Support Services m oviding ervic s to nuclear utilities. Part of our missi act orm clie ts of new developments. NRC's le ation rece tly made fulfilling that mission d. this lette bring t sit tion to your attention. The pro staff be do 0 pu th rele f information. C chnical , ften t e Nuclear Energy titute (NEI), are reportedly "sent" to the public e them available. PDR processing be accessed by a member of the or L S, ran public observer, to understand fully ati, hich ften follow. ecent exa mmission briefing this week on hanges to rule language had apparently been NEI in ssion also appeared to indicate that at f en made available to them. To our as otherwise publicly available. Although LSS t ocuments provided to NEI do not reach us. In o ity clients in a timely manner either. ailabl a tool to make information like this available promptly to the public at

e. That is its eb site. The NRC web site is generally a very useful source of rmation reg ding agency activities. SECYs and Staff Requirements Memoranda are tw of the categories of information now routinely made available through the web ite. H e too, however, information is not always posted in a timely manner. A 4204 Christine Place Alexandria, VA 22311-1109 703-671-9738 703-671-0828(fax)

The Commissioners May 7, 1999 Page 2 recent example is the Staff Requirements Memorandum on SECY-99-086, ap rov* g elimination of the watch list. That action was of significant interest. The Co action was reported in the trade press. We understand that a copy of e S April 16, 1999) reached the PDR on April 21. To date, it has not en ost site. In fact, no SRM dated after April 14, 1999, is posted on t webs e NRC's proposed rule change reflecting a shift to ele n web elimination of the local public document room r ederal Register. LSS intends to comment on that confidence that this change will mean better could be heightened through better use ofth present il release of documents to the broad spectrum ub We would appreciate your assist ce

• to be public to all interested mbers o e

not hesitate to call me. Sincerely, Original Signed By:

I Ooc 1<'-TFC I, L_ NUCLEAR ENERGY INSTITUTE June 21, 1999 Ms. Annette L. Vietti-Cook Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

• 99 Jut~ 22 P 4 :2s 01 j-F-,.

AUJ. Phyllis M. Rich SENIOR DIRECTOR, INFORMATION RESOURCES iJOCKET NUMBER PROPOSED RULE PB ~ ;; ' / J a). (&C/FR;J'/53 0

Subject:

Proposed Rule, "Electronic Availability of NRC Public Records and Ending of NRC Local Public Document Room Program," 64 Fed. Reg. 24531, May 7, 1999

Dear Ms. Vietti-Cook:

On behalf of the nuclear energy industry, Nuclear Energy Institute (NEI) 1 is submitting comments on the Electronic Availability of NRC Public Records and Ending of NRC Local Public Document Room Program, published in the Federal Register on May 7, 1999 (64FR24531). Nuclear Regulatory Commission proposal for public availability of NRC records. NEI commends the NRC on its initiative to make its records available electronically. The efficiencies inherent in this initiative will be far-reaching. As we move further into this age of information, it is important that the NRC continue its efforts toward using technology to streamline its activities. The availability of NRC records via an electronic format will provide broader, more timely access of this information to all of the NRC's stakeholders. Furthermore, the cost savings that will be realized through the elimination of the Local Public Document Room (LPDRs) will be beneficial to all stakeholders. The industry recognizes the complex nature of a project such as the Agencywide Documents Access and Management System (ADAMS) and the related Electronic 1 NEI is the organization responsible for establishing unified nuclear industry policy on matters affecting the nuclear energy industry, including the regulatory aspects of generic operational and technical issues. NEI's members include all utilities licensed to operate commercial nuclear power plants in the United States, nuclear plant designers, major architect/engineering firms, fuel fabrication facilities, materials licensees, and other organizations and individuals involved in the nuclear energy industry. NEI is the successor organization to the Nuclear Management and Resources Council (NUMARC). JUN 2 8 1999 ~edged by card m.., I 776 I STREET, NW SUITE 400 WASHINGTON, DC 20006 - 3708 PHONE 202 739 8079 FAX 202.785 4019

lJ.S. NUCLEAR REGULATORY COMMJS RULEMAKINGS&ADJUDICATIONS STAFF OFFICE lffESl!DEAAY OFntECOMIEStON DcmnentStallstics Postmark te _ _ tf,....tJ _ _ _ Copies lved ___ t __ _ A s --1!5~~~ ~-L,;j~.J::::..!__1.l>S

Ms. Annette L. Vietti-Cook June 21, 1999 Page 2 Information Exchange (EIE) initiative. We urge the NRC to consider the full range of industry experience in this area as they move forward. The industry offers its support and looks forward to working with the NRC to ensure a successful implementation of these activities. Sincerely, ~~ Phyllis Rich

DOCKET NLMBER PROPOSED RULE PR, d ?21. (p f:R~t/531) June 21, 1999

• 99 Secretary U. S. Nuclear Regulatory C*anmission O

Washington, D. C. 205~5-000l AC,..,l Attn:. Rulemaking and Ajudications Staff Re: Coll'lllents on 64 FR 24531, May 7, 1999, Proposed Rule, Electronic Availability of NRC Public Records and Ending of NRC Local Public Document Room Program I. The Nuclear Regulatory Commission's (NRC 1s) decision to open the door to the elimination of Local Public Document Rooms (LPDRs) must have been made based on some sort of determination that the documents created before the ADAMS system goes on line will no lon~er be important or relevant; therefore, LPDRs can dispose of these documents if they wish. Where exactly did this idea come from? It is totally absurd. Historical records, whether last month's,. last_year's, or last decade's, are still pertinent to the onp.:oing regulation of any NRC licensed facility. This is expecially true when it comes time to decommission a facility. Some pertinent records, such as applications, Environmental Inroact Stateme,,ts, arrl Technical Evaluation Reports (with their supporting documentation), are hundreds of pages. It does no good to have these records only available for viewing and copying in Washington or some distant LPDR. II. In the early 1980s the NRC disestablished the LPDRs that were in the vicinity of uranium mills, without notice to the LPDRs or anyone else. Today there are no LPDRs in the states where there ~re the greatest number of mill sites: New Mexico and Wyoming. Only recently did the NRC establish an LPDR in Salt Lake City, Utah. This LPDR does not have the complete microfiche collection of NRC publicly available record~ and it is many miles from the uranium mills operatin~ or undergoing decommissi oning in southeastern Utah.

U.S. NUCLEAR REGULATORY COMMISSI01 RUlElliW<INGS&ADJUDICATIONS STAFF os:Rl~OflHE SECRETARY OF THE CC>MML$ION Docuaant Statlsllcs

Rulemaking and Ajudications Staff June 21, 1999 Page 2 The reccrds in the LPDRs contain a great deal of current and historical information which should be made available near the mill sites. NRC's failure to provide LPDRs near mill sites was compounded by the Massive Suppression of Records for both Title I and Title II sites by the Uranium Recovery Field Office (URFO). Twenty thousand records is an awful lot of records not to have been made publicly available in a timely manner. I am hampered, my community is hampered, rrry state is hampered, my local and state government is hampered., on a daily basis.., by the lack of local availability of NRC and AEC licensing records. NRC's inability to understand that licensing documents and other pertinent records (like regulatory histories) must be made available locally has crippled public participation. III. Recently, legislation has been introduced in Congress which would provide compensation to uranium mill workers (or their families) if they suffered certain health effects caused by working at uranium processing facilities under contract to the AEC. Also, the NRC has recently made publicly available hundreds of AEC licensing documents pertaining' to these 'IU"anium processing facilities. These early records will be of great importance to uranium mill workers and their families, for they document the health and safety conditions and radiation exoosurea at these sites. Having seen7some -* of these records, I know there is no way a person can tell whether or not. a record is of significance without actually reading the record. The brief descriptions in NRC's record indexes do not provide enough information. A oerson has to be able to sift through many, many pages or records, one at a time. IV. There is one other issue that I think the NRC should take into consider-ation regarding the closing of the LPDRs. Section 114(e) of the Uranium

Rulemaking and Ajudications Staff June 21, 1999 Page 3 Mill Tailings Radiation Control Aet of 1978 (UMTRCA) states: The Commission, in cooperation with the Secretary, shall ensure that any relevant information, other than trade secrets and other proprietary information otherwise exempted from mandatory disclosure under *any other provision of la~, obtained from the conduct of each of the remedial actions authorized by this title and the subsequest peroetual care of those residual radioactive materials is documented systematically, and made publicly available conveniently for use. (Emphasis adciedJ This section, of course, is referrin~ to the remediation of Title I facilities. I have not been able to loc,1-te any written NRC Policy which indicates how the NRC implements this section of the Atomic Energy Act, as amended. I find no indicati on that there has been any opportunity for public conment on any proposed policy to implement* Section llh ( e)

• So, maybe it is time for the NRC to:

A. Consider what ma~e publicly available conveniently for use" means (that is, what was the intent of Congress?). B. Consider how the NRC should implement this provision of law. C. Consider how the NRC failed to implement Section 114(e) by not making the "relevant information" "publicly available conveniently for use". D. Consider how it came to be that the NRC for years failed to make publicly available thousands of pages of "relevant information" in the form of hundreds of Title I and AEC documents, in direct violation of UMTRCA. E. And consider how the NRC can facilitate the establishment of michrofiche collections ne;i.r Title I sites in order to implement Section 114 (e) of UMI'RCA. IV. In light of the above, I would recommend the following:

1. The NRC should maintain at least one LPDR in aaoh state that currently has an LPDR.

Rulemaking and Ajudications Staff June 21, 1999 Page 4 2

• The NRC should facili ta.te the transfer of the LPDR collection from any LPDR which does not wish to keep its collection to an appropriate library neRr the site of uranium mills which have operated under license to the AEC a.rrl/or the NRC.

3. The NRC should establish a priority list for the transfer of LPDR collections to mill site areas. First on the list s*hould be the Grants and Gallup areas of New Mexico, Wyoming, and southeastern Utah.

Sincerely, S~~

• ~ /1 o/dk Sarah*,_M. Fields P.O. Box 60.3 Moab, Utah

June 15, 1999 Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attn: Rulemaking and Adjudications Staff

• 99 Ot,1

-{ JUt~ 17 A 8 : 11 Re: Proposed Rule; Electronic Availability of NRC Public Records a~ 'Ending of NRC Loe~! Public Document Room Program; Federal Register, (64FR24531)

Dear Secretary,

I have reviewed the above referenced proposed rule and contend that the rule is premature. While in theory I support a new document management system that would permit the electronic storage, retrieval, and on-line ordering of publicly available NRC official records through the NRC Web site, I believe it is impossible to provide any meaningful comment on a system that is not yet operational and for which there is very little public information available on how it will work. The ADAMS FAQs on the NRC Web site provide no substantial information on ADAMS nor do the few documents in the PDR on ADAMs. If more information was provided on the capabilities of ADAMS and the electronic reading room, it would then be possible to comment on something besides the theory of the electronic reading room. Sincerely, Lynn Connor 111 SW Harrison St. - Apt. 22B Portland, OR 97201 301-346-0119 or 503-499-6750 lynnbc@compuserve.com (f) JU 2 2 t99L_ t,ycard.11*1 I............ l!Ct'

U.S. NUCLEAR REGULATORY COMrvi1... I RULEMAKINGS &ADJUDICATIONS ST1 OFFICE OFlffE SECRETARY OF THE COMMISSION v/2./_.. tfuid~ t~/1~ ~

June 15, 1999 NOTE TO: Emile Julian FROM:

SUBJECT:

Chief, Docketing and Services Branch Carol Gallagher /l _. /J

{ ~ /JtJ L~

ADM, DAS (_ftH-v ~- - DOCKETING OF COMMENT ON PROPOSED RULE - ELECTRONIC AVAILABILITY OF NRC PUBLIC RECORDS AND ENDING OF NRC LOCAL PUBLIC DOCUMENT ROOM PROGRAM

• Attached for docketing is a comment letter related to the subject proposed rule. This comment was received via the rulemaking website on June 15, 1999. The subrnitter's name is Lynn Connor, 111 SW Harrison St. - Apt. 22B, Portland, OR 97201. Please send a copy of the docketed comment to Russell Powell (mail stop T6-D-9) for his records.

Attachment:

As stated cc w/o attachment: R. Powell

STATE OF ILL! 01S DO~ ':~r~ DEPARTMENT OF NUCLEAR SAFETY 1035 OUTER PAf D.R,1VE * "-SPR1NGFIEL ILLINOIS 62704 *OQ JUt -2 p 3 :5 2 217-785-9900

• 2-17-782-6133 (TDD)

-J Secretary George H. Ryan Governor U.S. Nuclear Regulatory Commission Washington, D.C. 20555 May 27, 1999 Attn: Rulemaking and Adjudications Staff Thomas W. 0 ciger Director i-AD -- Re: Proposed Rule; Electronic Availability of NRC Public Records and Ending ofNRC Local Public Document Room Program; Federal Register: May 7, 1999

Dear Secretary:

The Illinois Department of Nuclear Safety (IDNS) has reviewed the above-referenced proposed rule and submits the following comments. IDNS supports the expanded availability of Nuclear Regulatory Commission (NRC) records through the NRC Web site. This should facilitate greater public access to the records and cost savings to NRC. In the Supplementary Information portion of the Proposed Rule, NRC states that, "Under ADAMS, NRC would initially begin making available electronically through the Electronic Reading Room on the NRC Internet Web site, imaged copies of its newly received and created publicly available official records that are in paper form." This statement implies that new documents (license applications, amendments, license transfers, etc.) for all classes of licenses will be available on the NRC's Web site. Will documents relating to Part 30 and Part 40 licenses be available on the NRC's Web site? The quoted statement also implies that NRC, not licensees, will be responsible for imaging paper copies into electronic form. Is this correct? How will NRC handle oversize documents? NRC states further in the Supplementary Information portion that, "A survey of the facilities where LPDRs are currently located revealed that all but six now provide, or will provide Internet access to its patrons by the end of 1999." Individuals residing near @ recyclable ~cknowfedQed JU card........... 91911 11 aw

l UtiLt:Ati HEGULATORY COMMISStON LEMAKINGS &ADJUDICATIONS STAFF OFFICE OF THE SECRETARY OF THE COMMISSION DocllnentStallstts Postma Date 5/;J&/ '19 Copies R80EliY8d ____ 1 _ __ Add'I s

Secretary U.S. Nuclear Regulatory Commission May 27, 1999 the subject facilities should be provided Internet access to NRC documents since hard copies of new documents will not be available in the facilities where the LPDRs are currently located. IDNS has the following questions regarding Internet access at those facilities: Is there a legal requirement that these facilities provide Internet access? Whose responsibility is it to provide and maintain such access? Has it been determined that such Internet access is Y2K compliant? If not, when will Y2K compliance be determined? Thank you for the opportunity to comment. If you have any questions, feel free to contact me at 217 /524-5652. s*

erely, tephen ~nti:fal Chief Legal Counsel SJE/fw

10C * ;:_O I C YANKEE ATOMIC POWER COMPANY

• 99 JU. -2 A 8 :56 HADDAM NECK PLANT 362 INJUN HOLLOW ROAD
• EAST HAMPTON, CT 06424-3099 0

Secretary, U.S. Nuclear Regulatory Commission Attention: Rulemaking and Adjudications Staff Washington, DC 20555 Connecticut Yankee Atomic Power Company Comments on the Proposed Rule Governing the Availability of NRG Public Records May 20, 1999 Docket No. 50-213 CY-99-076 The purpose of this letter is to provide Connecticut Yankee Atomic Power Company (CYAPCO) comments on the NRC's proposed amendments (64FR24531) to its regulations that would reflect a change in the way its records are made available to the public. CYAPCO fully supports the NRC's initiative to implement a new document management system that would permit the electronic storage, retrieval, and on-line ordering of publicly available NRG official records through the NRG Web site. CYAPCO understands that a new electronic record keeping system called the Agencywide Documents Access and Management System (ADAMS) is being developed. When ADAMS becomes operational, any NRG official records that are normally publicly available under the Commission's regulations will be available electronically through ADAMS at http://www.nrc.gov, (the Electronic Reading Room). Internet access is provided at CYAPCO's Local Public Document Room (LPDR) in the Russell Library in Middletown, CT. Therefore, the local public will continue to have access to NRG public records. CYAPCO also supports expanded use of ADAMS for electronic licensee submittals and agency documents for docketed correspondence. We are encouraged that the NRG staff is planning to implement rulemaking for electronic submittals in the next fiscal year. 1028-3 REV 2-91

U.S "JUCLEAR REGULATORY CO ION AULEMAKINGS & AOJlJDICATbS STAFF OFACE OFM SECRETAR'f OFTHECON!t85Kli

U. S. Nuclear Regulatory Commission CY-99-076/ Page 2 If you require further information or have any questions, please contact Mr. Gerry van Noordennen at (860) 267-3938. Very truly yours, CONNECTICUT YANKEE ATOMIC POWER COMPANY perations and Decommissioning

D CKET NUMBER (j) PROPOSED RULE L 2 1 J ( <,,/ F :lc./5 31) If you eliminate the public document room & put it on the internet (which I believe is a wonderful idea since I use the internet) the rule or an appendix should include a list of public libaries in the US. Not everyone -- in fact not a majority -- has a PC capable of internet access. Additionally, a notice should be posted in major US newspapers to ensure publicity. Martha Dibblee dibblee@teleport.com )> 0 O JJ~ Le* I C ~

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• 'rTl 0

, 199 '

NOTE TO: Emile Julian FROM: Chief, Docketing and Services Branch Carol Gallagher ADM, DAS May 14, 1999

SUBJECT:

DOCKETING OF COMMENT ON PROPOSED RULE - ELECTRONIC AVAILABILITY OF NRC PUBLIC RECORDS AND ENDING OF NRC LOCAL PUBLIC DOCUMENT ROOM PROGRAM Attached for docketing is a comment letter related to the subject proposed rule. This comment was received via e-mail on May 14, 1999. The submitter's name is Martha Dibblee. Please send a copy of the docketed comment to Russell Powell (mail stop T6-D-8) for his records.

Attachment:

As stated cc w/o attachment: R. Powell

DOCKET U

• ER PROPOSED RU OOCKEfED USNR':

[7590-01-PJ

• 99 NAY -4 AlO :47 OF I NUCLEAR REGULATORY COMMISS,J_S'~L 10 CFR Parts 1, 2, 7, 9, 50, 51, 52, 60, 62, 72, 75, 76,100, and 110 RIN 3150-AG07 ELECTRONIC AVAILABILITY OF NRC PUBLIC RECORDS AND ENDING OF NRC LOCAL PUBLIC DOCUMENT ROOM PROGRAM AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is proposing amendments to its regulations that would reflect a change in the way its records are made available to the public. The amendments are intended to reflect the NRC 's decision to implement a new document managem.ent system that would permit the electronic storage, retrieval, and on-line ordering of publicly available NRC official records through the NRC Web site.

~ ~l,1 Jf'l'I DATE: Submit comments by (41ii day:3 felle*ttiR~ i,ublieetier, in tl=l9 fa1d9ral Regiii9r). Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given except as to comments received on or before this date. 1

ADDRESSEES: Submit co~ments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Attention: Rulema:king and Adjudications staff. Deliver comments to 11555 Rockville Pike, Rockville, Maryland, between 7:30 am and 4:15 pm oh Federal workdays. You may also provide comments via the NRC's interactiv~ rulemaking web site through the NRC home page (http://www.nrc.gov). This site provides the capability to upload comments as files (any fonnat), if your web browser supports that function. For information about the interactive rulemaking web site, contact Ms. Carol Gallagher, (301) 415-5905 (email: CAG@nrc.gov). FOR FURTHER INFORMATION CONTACT: Russell A. Powell, Chief, Information Services Branch, lnfonnation Management Division, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, D*.c. 20555-0001, telephone (301) 415-6527, email: RAP1@nrc.gov. SUPPLEMENTARY INFORMATION: The Nuclear Regulatory Commission is proposing to amend its regulations to reflect the use of a \ new electronic record keeping"system for NRC records. The NRC is establishing the Agencywide Documents Access and Managerr:ient System (ADAMS) to provide for the.electronic submission, storage, and retrieval of NRC official records. When ADAMS becomes.operational, any NRC official records that I are normally publicly available under the Commission's regulations will be available electronically-through I ADAMS. The regulations governing which records are publicly available will be unaffected by this . proposed rule. Publicly available records will be accessible electronically from the ADAMS Public Library \ component on the NRC Web site, http://www.nrc.gov, (the Electronic Reading Room). 2

When ADAMS becomes operational, NRC intends to discontinue furnishing paper and microfiche copies of its publicly available records to the NRC Public Document Room (PDR), located in Washington, D.C., and the Local Public Document Rooms (LPDRs), located near nuclear power plants and other nuclear fapilities. Under ADAMS, NRC would initially begin making available electronically through the Electronic Reading Room on the NRC Internet Web site, imaged copies of its newly received and created publicly available official records that are in paper form. However, ultimately, NRC's newly created official records will all be stored in ADAMS only. in electronic form, and NRC will maintain only its pre-ADAMS I, records as paper copies. Because of budget constraints and the improved access to newly rec~ived and created records via the NRC Web site under ADAMS, the Commission decided to discontinue funding of the LP.PR program beyond Fiscal Year 1999. Although the Commission has already made,a decision to eliminate the LPDRs because of the future electronic availability of these records, the Commission is soliciting comment through this proposed rule to clarify any questions regarding the time and process for the electronic availability of records and ~o identify any potential unique situations where the electronic availability of records may not provide adequate records availability. The NR~ currently mainta.ins 86 LPDRs in the vicinity of nuclear reactor and materials licensees: 72 support power reactors; 2 support gaseous diffusion plants; 3 support high-level waste repositories; and the remaining 9 support fuel-cycle, low-level waste, and other facilities. A survey of the fa~ilities where LPDRs are currently located revealed that* all but six now provide, or will provide Internet access to its patrons by the end of 1999. Additionally, although NRC plans to discontinue the LPDR program, it plans to offer each of the current LPDR libraries the opportunity to keep their current LPDR document I collections so the pre-ADAMS LPDR collections can continue to be available in the local communities. 3

The decision to accept this offer to transfer ownership of these collections and the length of time they will be maintained will be at the sole discretion of each library. ADAMS will provide the following added benefits that should preclude or minimize any public \ concerns regarding the impact from discontinuing the LPDR program:

1. ADAMS Internet access will provide access to new records in full text and image.

2. ADAMS will provide an improved electronic search capability. Under the existing system, only the bibliographic indexes and abs~racts for most records are available fro"11 the online BAS and NUDOCS.

3. Some new records will be available to the public within days instead of the two weeks or longer it now takes for LPDRs to receive microfiche or paper copies of new accessions.

4. Internet public access to the NRC Web site will provide direct access to a much broader range of the public than just to those who, because of their close proximity, have access to the PDR and LPDRs.

• The NRC PDR would still keep pre-ADAMS paper and microfiche records on site and available to the public for viewing and copying. The PDR would also have computer terminals available for the public to access new documents on the NRC Web site. The public would still be able to obtain paper copies of new electronic records by printing them from the NRC Internet-Web site, by ordering them for a fee from the PDR directly from the NRC Web site, or by using current ordering methods. The current methods are: in-person at the PDR, mail, e-mail, fax or by calling the PDR Reference Services on the toll-free 800 telephone number. Bibliographic descriptions of documents currently identified in the PDR's Bibliographic Retrieval System (BAS) and in NUDOCS will be posted on the NRC Web site. This would also allow the 4

public to order copies of pre-ADAMS paper and microfiche records. The public would also have access to the NRC Web site from any computer with Internet access, and would be able to download the records to the computer they are using for printing or other supported functions. Because records would be released electronically to the public rather than in paper or microfiche, this rule would amend the regulations in 10 CFR Parts 1, 2, 7, 9, 50, 51, 52, 60, 62, 72, 75, 76, 100, and 11 0 to reflect the manner in ~ioh these records would be made publicly available. To reflect the anticipated discontinuance of NRC support of libraries serving as LPDRs, references to NRC LPDRs would be deleted in 10 CFR 2.1231( a)(1)(ii), and (b); 9.35 (b) and (e); 50.30(a)(5); Part 50 Appendix Q, Section 4; 51.120; Part 52, Appendix 0, Secti~n 5; Part 52, Appendix Q, Section 4, and 76.37 (a). In addition, several other minor conforming changes would be made. The _definition of the PDR in 1 0 CFR 2.4, 60.2, and 110.2 is now in a new paragraph and would be revised to reflect that records newly created or received since the implementation of ADAMS that are publicly available are now available in the PDR in electronic form for inspection and copying, and that copies can be ordered from the PDR. A new paragraph would define the NRC Web site as the Internet location where NRC records are made available for public inspection and copying and that the public can also order copies of documents from the PDR through the NRC Web site. J Section 9.2 (a) would be revised to delete the reference to the availability of records on 48x microfiche through the National Technical Information Service (NTIS). When NRC begins making its records available from the NRC Web site, microfiche copies will no longer be produced. The 5

address for the NTIS and a statement that certain listed documents can be ordered from the NTIS would be added to §9.21 (a). Section 9.21 (d) would be deleted because the publication Title Ust of Documents Made Publicly Available, NUREG-0540, will no longer be publish~d. Section 9.21 (e) would be revised to show that only the published versions of final opinions and orders, referred to in §9.2(c)(1 ), are available from the NTIS in the publication, Nuclear Regulatory Issuances (NUREG-0750). The reference to interpretations in §9.21 (c)(2) would be deleted because they are not available from NTIS. Section 9.23(a){2) would be deleted because.it repeats information included in the revised §9.21 (a). Section 51.123(a) and (b) would be revised to reflect the correct address where requests for draft environmental impact statem~nts and draft findings of no significant hazard can be submitted. Chang~s would be made in several sections to reflect the correct name of the NRC PDR. In addition, several misspelling corrections would be made. Plain Language The Presidential Memorandum dated June 1, 1998, entitled, "Plain Language in Government Writing,n directed that the Federal government's writing be in plain language. The NRC requests comments on this proposed rule specifically with respect to the clarity and effectiveness of the / language used. Comments should be sent to the address listed above. Environmental Impact - Categorical Exclusion 6

• The NRG has determined that this proposed rule is the type of action described in categorical exclusion 1 0 GFR 51.22(c}{1) and (2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed rule.

J Paperwork Reduction Act Statement This proposed rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.G. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget, approval nu!Tlbers 3150-0043, 3150-0011, 3150-0021,3150-0151,3150-0127,3150:()143,3150-0132,3150-0055,3150-0093,and3150-0036. Public Protection Notification If a means used to impose an information collection does not display a currently valid 0MB control. number. the NRG may not conduct or sponsor, and a person is not required to respond to, the information collection. Regulatory Analysls This proposed rule implements a new NRG procedure for making records available for public inspection and copying. The rule would not have any adverse economic impact on any class of licensee or the NRG. To the contrary, the proposed rule with its new provisions allowing Internet access from homes, offices, schools, and public libraries to NRG publicly released records would provide some new and additional benefits to those seeking access to NRG records. A survey of the facilities where LPDRs are currently located revealed that all but six now provide, or will provide Internet access to its patrons by the end of 1999. Additionally, although NRG plans to discontinue the LPDR program, it plans to offer each of the current LPDR libraries the.opportunity to keep their 7

current LPDR document collections so the pre-ADAMS LPDR collections can continue to be available in the local communities. This constitutes the regulatory analysis for this rule. Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b), the Commission certifies that this rule, if adopted, will not have a significant economic impact upon a substantial number of small entities. The proposed rule would implement a new procedure for making records _ available to the public. The NRG believes that the proposed changes would not have an adverse economic impact on any class of licensee, including small entities, or the general public. On the contrary, the NRG believes that the proposed rule would provide wider opportunities and make it. easier for interested persons to obtain or review publicly available NRG records. Any small entity subject to this regulation that determines, because of its size, it is likely to bear a disproportionate adverse economic impact should notify the Commission of this ha comment that indicates -- (a) The licensee's size and how the proposed regulation would result in a significant economic burden upon the licensee as compared to the economic burden on a farger licensee; (b) How the proposed regulations could be modified to take into account the licensee's differing needs or capabilities; (c) The benefits that would accrue, or the detriments that would be avoided, if the proposed regulations were modified as suggested by the licensee; and (d) How the proposed regulation, as modified, would more closely equalize the impact of NRG regulations or create more equal access to the benefits of Federal programs as opposed to providing special advantages to any individual or group. 8

Backfit Analysis The NRC has determined that the backfit rule does not apply to this proposed rule; and \ therefore, a backfit analysis is not required for this proposed rule because these amendments do not involve any provisions that would impose backfits as defined in 1 O CFR Chapter I. List of Subjects In 10 CFR 10 CFR Part 1. Organization and functions (Government Agencies). 10 CFR PART 2 Administrative practice and procedure, Antitrust, Byproduct material, Classified lnfortilation, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalties, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal. 10 CFR Part 7 Advisory committees, Sunshine Act. 10 CFR Part 9 Criminal Penalties, Freedom of Information, Privacy, Reporting and recor'dkeeping requirements, Sunshine Act. 10 CFR Part 50 Antitrust, Classified information, Criminal penalties, Fire protection, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements. 10 CFR Part 51 9

Administrative practice and procedure, Environmental impact statement, Nuclear materials, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and records. 10 CFR Part 52 I Administrative practice and procedure, Antit.rust, Backfitting, Combined license, E<<;1rly site \ review, Emergency planning, Fees, Inspection, Limited Work Authorization, Nuclear power plants and reactdrs,1 Probabilistic risk assessment, Prototype, Reactor siting criteria, Redress of site, Reporting and recordkeeping requirements, *standard design, Standard design certification. 1 0 CFR Part 60 Criminal penalties, High-level waste, Nuclear power plants and reactors, Nuclear materials, Reporting and recordkeeping r~quirements, Waste treatment and disposal. 10 CFR Part 62 Administrative practice and procedure, Denial of access, Emergency access to low-level waste disposal, Low-level radioactive waste, Low-level radioactive t~eatment and disposal, Low-level 'waste policy amendments act of 1985, Nuclear materials, Reporting and recordkeeping requirements. 10 CFR Part 72 . Manpower training programs, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors,- Reporting and recordkeeping requirements, Security measures*. 10 CFR Part 75 Criminal penalties, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures. 10 CFR Part 76 10

Certification, Criminal penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Special nuclear material, Uranium enrichment by gaseous diffusion. 10 CFR Part 100 Nuclear power plants and reactors, Reactor siting criteria. 10 CFR Part 110 Administrative practice and procedure, Classified Information, Criminal penalties, Export, Import, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Scientific eq~ipment. For the reasons set out in the preamble and under the authority of the Atomic Energy Act 9f 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 553; the NRC is proposing to adopt the following amendments to 1 O CFR Parts 1, 2, 7, 9, 50, 51, 52, 60, 62, 72, 75, 76, 100 and 110. PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION

1. The au~hority citation for Part 1 continues to read as follows:

AUTHORITY: Secs. 23, 161, 68 Stat. 925, 948, as amended (42 U.S.C. 2033, 2201 ); sec.* 29, Pub. L. 85-256, 71 Stat. 579, Pub. L. 95-209,91 Stat. 1483 (42 U.S.C. 2039); sec. 191, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); secs; 201,203,204,205,209, 88 Stat. 1242, 1244, 1245, 1246, 1248, as amended (42 U.S.C. 5841, 5843, 5844, 5845, 5849); 5 U.S.C. 552,553; Reorganization Plan No. 1 of 1980, 45 FR 40561, June 16, 1980.

2. In §1.3, paragraph (a) is revised to read as follows:

§1.3 Sources of additional information. 11

(a) A statement of the NRC's organization, policies, procedures, assignments of < responsibility, and delegatiohs of authority is in the Nuclear Regulatory Commission Management l Directives System and other NRC issuances, including local directives issued by Regional Offices. Letters and memoranda con,aining directives, delegations of authority and the like are also issued from time to time an_d may not yet be incorporated into the Management Directives System, parts of which are revised as necessary. Copies of the Management Directives System and other delegations of authority are available for public inspection and copying for a fee at the NRC Public Document Room, 2120 L Street, NW., Washington, D.C., and at each of NRC's Regional Offices. Information may also be obtained from the Office_ of Public Affairs or from Public Affairs Officers at the Regional Offices. -In addition, NRC Functional Organization Charts, NUREG - 0325, contains detailed descriptions of the functional responsibilities of NRC's offices. It is revised annually and is av~ilable for public inspection at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room, or for purchase from the Superintendent of Documents, U.S. Goyernm_ent Printing Office, P.O. Box 37082, Washington, D.C. 120013 ~ 7082; and from the National Technical Information Ser:vice, Springfield, VA 22161. PART 2-RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS

3. The authority citation for Part 2 continues to read as follows:

AUTHORITY: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231 ); sec 191, as amended, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841 ); 5 U.S.C. 552. 12

Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. { 114(f), Pub. L. 97-425, 96 Stat. 2213, as amended (42,U.S.C. 10143(f)). sec. 102, Pub. L. 91-190, 83 Stat. 853, as amen~ed(42 U.S.C. 4332); s~c. 301, 88 Stat. 1248 (42 U.S.C. 5871 ). Sections 2.102, 2.1,03, 2.104, 2.105, 2.721 also issued undersecs.102, 103104, 105, 183i, 189, 68 Stat.* 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133; 2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-415, 96'Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 161 b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C.2201 (b), (i), (o), 2236,2282); sec. 206, 88 Stat. 1.246 (42 U.S.C. 5846). Sections 2.2050) also issued under Pub. L. 101_-410, 104 Stat_. 90, as amended by section 3100(s), Pub. L. 104-134, ( 110 Stat. 1321-373 (28 U.S.C. 2461 note). Sections 2.600-2.606 aiso issued under sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 I U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C.1557. Section 2.764 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 22321 2241 (42 U.S.C. 1015~,10161). Section 2-.790.*also issued under sec. 103, 68 Stat. 936,.as amended (42 U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also Issued under 5 U.S.C.-553,and sec.,29, ~ub.'L. 85-256, 71 Stat. 579, as amended (42_U.S.C. 2039). Subpart K also issued under sec. 189, 6? Stat. 955 (42 U.S:C. 2239). Se,c. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Subpart M also issued under sec. 184 (42 U.S.C. 2234) and sec. 189, 68 Stat. 955 (42 U.S.C. 2239). I Appendix A also issued under sec. 6, Pub. L. 91-560, 84 Stat. 1473 (42 U.S.C. 2135).

4. Section 2.4 is amended by adding the definition of NRC Public Document Room and NRC Web site-to read as follows:

13

§2.4 Definitions. NRC Public Document Room means the facility at 2120 L Street, NW., Washington, D.C. where certain public records of the NRC that were made available for public inspection in paper or microfiche prior to the implementation of the NRC Agencywide Documents Jl:ccess and Management System, commonly referred to as ADAMS, will remain available for public inspection. It is also the place where NRC makes computer terminals available to access the Electronic Reading Room component of ADAMS on the NRC Web site, http://www.nrc.gov, and where copies _ can be maqe or ordered as set forth in §9.35. Th'e.facility is staffed with reference librarians to assist the public in identifying and locating documents and in using the NRC Web site and ADAMS. The NRC Public Document Room is open from 7:45 am to 4:15 pm,.Monday through Friday, except on Federal holidays. Reference service and access to documents may also be requested by ~ telephone (202-634-3273 or 800-397-4209) between 8:30 am and 4:15 pm, or by e-mail (PDR@nrc.gov), fax (202-634-3343), or letter (NRC Public Document Room, LL-6, Washington, D.C. 20555-0001 ). NRC Web site, http://www.nrc.gov, is the Internet 'uniform resource locatbr name for the Internet address of the Web site where NRC will ordinarily make available its public records for inspection.

5. In §2.101, paragraph (a)(2) is revised to read as follows:

§2.101 Filing of application (a) 14

I (2) Each application for a li~nse for a facility or for receipt of waste radioactive material from other persons for the purpose of commercial disposal by the waste disposal licensee will be assigned a docket number. However, to allow a determination as to whether an application for a construction permit or operating license for a production or utilization facility is complete and I acceptable for docketing, it will be Initially treated as a tendered application. A copy of the tendered application will be available for public inspection at the NRC Web sit~, http://www.mc.gov, and/or at the NRC Public Document Room. Generally, the determination on acceptability for docketing will be made within a period of thirty (30) ~ys. However, in selected construction permit applications, the Commission may decide to determine acceptability on the basis of the technical adequacy of the application as well as its completeness. In these cases, the Commission, pursuant to §2.104(a), will direct that the notice of hearing be issued as* soon as practicable after the application has been tendered, and the determination of acceptability will be made generally within a period of sixty (60) I days. For docketing and other requirements for applications pursuant to Part 61 of this chapter, see paragraph (g) of this section.

6. In §2.110, paragraph (c) is *revised to read as follows:

§2.110 Filing and administrative action.pn submittals for design review or early Site review of site- \ suitability issues. (c). Upon completion of review by the NRC staff and the ACRS of a submittal of the type described in paragraph (a)(1) of this section, the Director of the.Office of Nuclear Reactor Regulation shall publish in the Federal Register a determination as to whether or not the design is I acceptable, subject to conditions as may be appropriate, and shall make available at the NRC Web ( site, http://www.rirc.gov, a report that analyzes the design. 15

7. In §2.206, paragraph (a) is revised to read as follows:

§2.206 Requests for action under this subpart. 1 [ (a) Any person may file a request to instiMe*a proceeding pursuant to §2.202 to modify, suspend, or revoke a llcense, or for any other action as may be proper. Requests must be addressed to the Executive Director for Oper~tions and must be filed either by delivery to the NRG Public Document Room at 2120 L Street, NW., Washington, b.C., or by mail or telegram addressed to the. Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, D.C. I - 20555-0001. The request must specify the action requested and set forth the facts that constitute the basis for the request. The Executive Director for Operations will refer the request to the Director l of the NRG office with responsibility for the subject matter of the request for appropriate action in accordance with paragraph (b) of this section. I 8.- In §2.701,.Paragraph (a)(1) is revised to read as follows: §2.701 Filing of documents. (a) r (1) By delivery to tlie NRG Public Document Room at 2120 L Street, NW., Washington, D.C., or

9. In §2.740, paragraph (b) (1) is revised to read as follows:

§2.740 General provisions gove~ning discovery. (b) 16

I (1) In general. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the proceeding, whether it relates to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledg~ of any discoverable matter. When any book, document or other tangible thing sought is reasonably available from another source, such as at the NRC Web site, http://www.nrc.gov, and/or the NRC Public Document Room, sufficient response to an interrogatory involving such materials would be the lo~tion, the title and a page reference to the relevant book, document or tangible thing. In a proceeding on an application for a con~truction permit or* an operating license for a l production or utilization facility, discovery begins only after the prehearing conference provided for in §2.751a and relates only to those matters in controversy which have been identified by the Commission or the presiding officer in the prehearing order entered at the conclusion of that prehearing conference. In such a proceeding, no discovery may take place after the beginning of the prehearing conference held pursuant to §2.752 except upon leave of.the presiding officer upon good cause shown. It is not ground for objection that the infom,ation sought will be inadmissible at the hearing if the infom,ation sought appears reasonably calculated to lead to the discovery of admissible evidence.

10. In §2.750, paragraph (a) is revised to read as follows:

§2.750 Official reporter; transcript. (a)'A hearing will be reported under the supervision of the presiding officer, stenographically or by other means, by an official reporter who may be designated by the Commission or may be a regular employee of the Commission. The transcript prepared by the reporter is the sole official transcript of the proceeding. Except as limited pursuant to Sec. 181 of the Act or order of the 17

Commission, the transcript will be available for Inspection at the NRG Web site, http://www.nrc.gov, and/or at the NRG Public Document Room. Copies of transcripts are available to parties and to the public from the official reporter on payment of the specified charges.

11. In §2.790, the int~oductory text of paragraph (a) and paragraph (c) are revised to read as follows:

§2.790 Public inspections, exemptions, requests for withholding. (a) Subject to the provisions of paragraphs (b), (d), and (e) of this section, final NRG records and documents, including but not limited to correspondence to and from the NRG regarding the \ issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, or order, or regarding a rulemaking proceeding subject to this part shall not, in the absence of a compelling reason for nondisclosure after a balancing of the interests of the person or agency ur~ing nondisclosure and the public interest in disclosure, be exempt from disclosure and will be m~de available for inspection and copying at the NRG Web site, http://www.nrc.gov, and/or at the NRG Public Document Room, except for matters that are: (c) If a request for withholding pursuant to paragraph (b) of this section ~ denied, the Commission will notify an applicant for withholding of the denial with a statement of reasons. The notice of denial will specify a time, not less than thirty (30) days after the date of the notice, when the document will be available at the NRG Web-site, http://www.nrc.gov. If, within the time specified in the *notice, the applicant requests withdrawal of the document, the document will not be available at the NRG Web site, http://www.nrc.gov, and will be returned to the applicant: Provided, that information submitted in a rule making proceeding which subsequently forms the basis for the final rule will not be withheld from public disclosure by the Commission and will not be returned to the 18

applicant after denial of any application for withholding submitted in connection with that information. If a request !or withholding pursuant to paragraph (b) of this section is granted, the Commission will notify the applicant of its determination to withhold the information from public disc;:losure.

12. In §2.802, paragraphs (e) and (g) are revised to read as follows:

§2.802 Petition for rulemaking. (e) If it is determined that the petition includes the information requi~ed by paragraph (c) of this section and is complete, the Director, Division of Administrative Services, Office of Administration, or designee, will assign a docket number to the petition, will cause the petition to be formally docketed, and will make a copy of the docketed petition available at the NRC Web site, http://www.nrc.gov. Public comment may be requested by publication of a notice of the docketing of the petition in the Federa! Re~ister, or, in appropriate cases, may be invited for the first time upon publication in the Federal Register of a proposed rule developed in response to the 'petition. Publication will be limited by the *requirements of Section 181 of the Atomic Energy Act of 1954, as amended, and may be limited by order of the Commission. (g) The Director, Division of Administrative Services, Office of Administration, will prepare on ) a semiannual basis a summary of petitions for rulemaking before the Commission, including the status of each petition. A copy of the report will be available for public inspection and copying at the NRC Web site, http://www.nrc.gov, and/or at the NRC PubHc Document Room.

13. In §2.804, paragraph (b)(2) is revised to read as follows:

19

§2.804 Notice of proposed rulemaking. (b) (2) The manner and time within which interested members of the public may c::omment, and a ** statement that copies of comments may be examined will be made available at the NRG Web site, http://www.nrc.gov;

14. In §2.809, paragraph (a) is revised to read as follows:

§2.809 Participation by the Advisory Committee on Reactor Safeguards. (a) In its advisory capacity to the Commission, the ACAS may recommend that the Commission initiate rulemaking in a particular area. The Commission will respond to such rulemaking recommendation in writing within 90 days, noting its intent to implement, study, or defer I action on the recommendation. In the event the Commissi'on decides not to accept or decides to \ defer action on the recommendation, it will give its reasons for doing so. Both the ACAS recommendation and the Commission's response will be made available at the NRC Web site, http://www.nrc.gov, following transmittal of the Commission's response to the ACAS.

15. In ~2.1007, paragraph (a)(3) is removed and reserved and par~graph (a)(2) is revised to read as follows:

§2.1007 Access. (a) (2) A system to provide electronic access to the Licensing Support Network shall be provided

• at the NRC Web site, http://www.nrc.gov. and/or at the NRC Public Document Room beginning in the pre-license application phase.

20

(3) [Reserved].

16. In §2.1231, paragraphs (a)(1)(ii), (a)(2), and (b) are revised to read as follows:

,§2.1231 Hearing file; prohibition on discovery. (a) (1) (ii) Making the file available at the NRC Web site, http://www.nrc.gov. (2) The hearing file also must be made available for public inspection and copying at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room. (b) The hearing file will consist of the application and any amendment thereto, any NRC environmental impact statement or assessment relating to the application, and any NRC report and any correspondence between the applicant and the NRC that is relevant to the application. Hearing file documents already available at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room when the hearing request is granted may be incorporated into the hearing file at those locations by a reference indicating where at those locations the documents can be found. The presiding officer shall rule upon any issue regarding the appropriate material$ for the hearing file. J*

17. In §2.1301, paragraphs (a) and (c) are revised to read as follows:

§2. t301 Public notice of receipt of a license transfer application. (a) The Commission *will notice the receipt of each application for direct or indirect tra!lsfer of a specific NRC license by placing a copy of the application at the NRC Web site, http://www.nrc.gov. (c) Periodic lists of applications received may be obtained upon request addressed to the NRC Public Document Room, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. 21

18. In §2.1303, the section heading and ~e introductory paragraph are revised to read as follows:

§2.1303 Availability of documents. Unless exempt from disclosure under part 9 of this chapter, the following documents pertaining to each application for a license transfer requiring Commission approval will be placed at the NRC Web site, http://www.nrc.gov, when available:

19. In §2.1306, paragraph (c)(2) is revised to read as follows:

§2.1 ;306 Hearing request or intervention petition. (c) (2) 45 days after notice of receipt is placed at the NRC Web site, http://www.hrc.gov, for all other applications; or

20. In §2.1330, paragraph (b) is revised to read as follows:

§2.1330 Reporter and transcript for an oral hearing. (b) Except for any portions that must be protected from disclosure in-accordance-with law I and.policy as reflected in 10 CFR 2.790, transcripts will be placed at the NRC Web site, http://www.nrc.gov, and copies may be purchased from the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. PART 7-ADVISORY COMMITTEES

21. The authority citation for Part 7 continues to read as follows:

\ 22

AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201 ); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); Pub. L. 92-463, 86 Stat. 770 (5 U.S.C. App.).

22. In §7.10, paragraph (b)(6) is revised to read as follows:

§7.10 The NRC Advisory Committee Management Officer. (b) (6) Ensure that, subject to the Freedom of _Information Act and NRC's Freedom of Information Act regulations at 1 O CFR Part 9, subpart A, copies of the records, reports, transcript minutes, appendices, working papers, drafts, studies, agenda, or other documents that were made available to or prepared for or by each NRC advisory committee are available for public inspection and copying at the NRC Web site http://www.nrc.gov, and/or at the NRC Public Document Room, \ until the advisory committee ceases to exist.

23. In §7.11, paragraph (d)(5) is revised to read as follows:

§7.11 The Designated Federal Officer. (d) (5) Make copies of committee documents required to be maintained for public inspection and copying pursuant to §7.14(b) available at the NRC Web site, http://www.nrc.gov, and/or*at the NRC Public Document Room.

24. Section 7.14 is revised to read as follows:

23

§7.14 Public information on advisory committees. (a) The Nuclear Regulatory Commission shall maintain systematic information on the nature, functions, and operations of each NRC advisory committee. A complete set of the charters of NRC advisory committees and copies of the annual reports required by §7.17(a) will be maintained for public inspection at either the NRC Web site, http://www.nrc.gov: and/or at the NRC Public Document Room. (b) Subject to the provisions of the Freedom of Information Act (5 U.S.C. 552) and NRC's Freedomcof Information Act regulations at 1 0 CFR Part 9, subpart A, copies of NRC advisory committees' records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, and other documents shall be maintained for public inspection and copying at the NRC Web site, http://www.nrc.gov; and/or at the NRC Public Document Room.

25. In §7.17, paragraphs (a) and (b) are revised to read as follows:

§7.17 Reports required for advisory committees. (a) The Commission shall furnish a report on the activities of NRC advisory committees annually to the Administrator and the GSA Secretariat on a fiscal year basis. The report must contain information regarding NRC advisory committees required by Section 6(tj of the Act for the President's annual report to the Congress and be consistent with instructions provided by the GSA I Secretariat. A copy of the report is made available at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room. (b) Any NRC advisory committee holding closed meetings shall issue a report, at least annually, setting forth a summary of its activities consistent with the policy of the Government in the Sunshine Act (5 U.S.C. 552b), as implemented by 10 CFR 9.104. A copy of the report is made available at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room. 24

PART 9-PUBLIC RECORDS

26. The authority citation for Part 9 continues to read as follows:

AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201, 88 Stat. 1242,.as amended (42 U.S.C. 5841). Subpart Ais also issued under 5 U.S.C. 552; 31 U.S.C. 9701; Pub. L. 99-570. Subpart B is also issued under 5 U.S.C. 552a. Subpart C is also issued under 5 U.S.C. 552b.

27. Section 9.21,is revised to read as follows:

§9.21 Publicly available records. J. (a) Single copies of NRC publications in-the NUREG series, NRC Regulatory Guides, and Standard Review Plans can be ordered from the National Technical lnfonnation Service, 5285 Port Royal Road, Springfield, Virginia, 22161. (b) For the convenience of persons who may ~sh to inspect.without charge, or purchase

• copies of a record or a limited category of records for a fee, publicly available records of the NRC's activities described in paragraph (c) of this section are also made available at Ure NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room located at 2120 L Street, NW.,

Washington, D.C., open between 7:45 am and 4:15 pm on Monday through Friday, except Federal holidays. (c) The following records of NRC activities are available for public inspection and,,copying: l'< (1) Final opinions including concurring and dissenting opinions as well as orders of the NRC issued as a result of adjudication of cases; ( 25 \

(2) Statements of policy and interpretations that have been adopted by the NRC and have not been published in the Federal Register; (3) Nuclear Regulatory Commission rules and regulations; (4) Nuclear Regulatory Commission Manuals and instructions to NRC personnel that affect any member of the public; (5) Copies of records that have been released to a person under the Freedom of Information Act that, because of the nature of their subject matter, the NRC determines have become or are likely to become the subject of subsequent requests for substantially the same records. (6) A general index of the records released under the FOIA. (d) The published versions of the records made publicly available under paragraph (c)(1) of this section are available under the title, Nuclear Regulatory Issuances, _NUREG-0750, for purchase through the National Technical Information Service.

28. In §9.23, paragraph (a)(2) is removed and reserved and paragraphs (a)(1 ), (c), (d)(2),

and ( e) are revised to read as follows: §9.23 Requests for records. (a)(1) A person may request access to records routinely made available by the NRC under §9.21 in person or by telephone, e-mail, fax, or U.S. mail from the NRC Public Document Room,- 2120 L Street, NW., Washington, D.C. 20555-0001. (i) Each record requested must be described in sufficient detail to enable the NRC Public Document Room staff to locate the record. (ii) In order to obtain copies of records expeditiously, a person may open an account at the NRC Public Document Room with the private contracting firm that is responsible for duplicating NRC records. 26

(2) [Reserved] (c) If a requested agency record that has been reasonably described is located at a place other than at the NRG Web site, http://www.nrc.gov, the NRG Public Document Room, or the NRG headquarters, the NRG may, at its discretion, make the record available for inspection and copying at either of the locations. (d) (2) If the requested record has been placed on the NRG Internet Web site, under §9.21, the NRG may inform the requester that the record is available at the NRG Web site, http://www.nrc.gov, \ ) and/or at the NRG Public Document Room, and that the record may be obtained in accordance with the procedures set forth in paragraph (a) of this section. _ (e) The Freedom of Information Act and Privacy Act Officer will promptly forward a Freedom of Information Act request made under paragraph {b) of this section for an agency record to the head of the office(s) primarily concerned with the records requested, as appropriate. The responsible office will conduct a search for the agency records responsive to the request and compile those agency records to be reviewed for initial disclosure determination and/or identify those that have already been made publicly available at the NRG Web site, http://www.nrc.gov, and/or at the NRG Public Document Room.

29. In §9.35, paragraph (e) is removed, paragraphs (a){2), (a){S) and (b) are revised to read

~s follows: §9.35 Duplication fees. (a) 27 \

\ (2) Self-service duplicating machines are available at the NRG Public Document Room for the use of the public. Paper to paper copy is $0.08 per page. Microfiche to paper is $0.1 0 per page on th~ reader printers. (5) Any change in the costs specified In this section will become effective immediately pending completion of the final rulemaking that amends this section to reflect the new charges. The Commission will post the charges that will be in effect for the interim period at the NRG Public Document Room. The Commission will publish a final rule in the Federal Register that includes the new charges within 15 working days from the beginning of the interim period. (b) The NRG will assess the following-charges for copies of records to be duplicated by the NRG at locations other than the NRG Public Document Room located in Washington, D.C.:

30. In §9.45 paragraph (b) is revised to read as follows:

r §9.45 Annual reports to the Attorney General of the United States. (b) The NRG will make a copy of the most rec~nt report available to the public at the NRG Web site, http://www.nrc.gov.

31. In §9.105, paragraph (b) is revised to read as follows:

§9.105 Commission procedures. (b) Within one day of any vote taken pursuan~ to paragraph (a) of this section, §9.106(a), or., §9.108(c), the Secretary shall make publicly available at the NRG Web site, http://www.nrc.gov. a written copy of such vote reflecting the vote of each member on the question. If a portion of a 28

1 meeting is to be closed to the public, the Secretary shall, within one day of the vote taken pursuant to paragraph (a) of this section or §9.106(a), make publicly available at the NRG Web site, http://www.nrc.gov, a full written explanation of its action closing the portion together with a list of all persons expected to attend the meeting and their affiliation.

32. In §9.107, paragraph (d)(1) is revised to read as follows:

• §9.107 Public announcement of Commission meetings.

(d) (1) Publicly posting a copy of the document at the NRG Web site, http://www.nrc.gov,; and, tQ the extent appropriate under the circumstances; I

33. In §9.108, paragraph (b) is revised to read as follows:

§9.108 Certification; transcripts, recordings and minutes. (b) The Commission shall make promptly available to the public at the NRG Web site, http://www.nrc.gov, the transcript, electronic recording, or minutes (as requjred by paragraph (a) of this section) of the discussion of any item on the agenda, or of any item of the testimony of any witness received at the meeting, except for such item or items of such discussion or testimony as the Commission determines pursuant to paragraph (c) of this section to contain information which may be withheld under §9.104 or §9.1 0S(c). Copies of such transcript, or minutes, or a transcription , of such recording disclosing the identity of each speaker, shall be furnished to any person upon payment of th~ actual cost of duplication or transcription as provided in §9.14. The Secretary shall maintain a complete verbatim copy of the*transcript, a complete copy of the minutes, or a complete 29

electronic recording of each meeting, or portion of a meeting, closed to the public, for a period of at least two years after such meeting, or until one year after the conclusion of any Commission proceeding with respect to which the meeting or portion was held, whichever occurs later. Part SO-DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES

34. The authority citation for Part 50 continues to read as follows:

AUTHORITY: Secs. 102,103,104, 105, 161, 182, 183,186,189, 68 Stat. 936,937,938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended 1244, 1246, (42 U.S.C. 5841, 5842, 5846). Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 50.1 0 also issued under secs. 101, 185, 68 Stat. 955 as amended (42 U.S.C. 2131, 2235), sec. 102, Pub. L. 91-190, 83 Stat. 853 (42*.U.S.C. 4332). Sections 50.13, 50.54(dd) and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). Sections 50.23, 50.35, 50.55 and 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Section 50.33am 50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.O. 4332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Section 50.37 also issued under E.O. 12829, 3 CFR 1993 Comp., p. 570, E.O. 12958, as amended, 3 CFR 1995 Comp., p. 333, E.O. 12968, 3 CFR 1995 Comp., p. 391). Sections 50.58, 50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix Falso issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237). 30

35. In §50.30, paragraph (a)(5) is revised to read as follows:

§50.30 Filing of application for licenses; Oath or affirmation. (a) (5) At the time of filing an application, the Commission will make available at the NRC yveb site, http://www.nrc.gov, a copy of the application, subsequent amendments, and other records 1 pertinent to the facility for public inspection and copying.

36. In §50.44, paragraph (c)(3)(iv)(C) is revised to read as follows:

I §50.44 Standards for combustible gas control systems in light-water-cooled power reactors. (c) (3) (iv) (C) Subsubarticle NE - 3220, DMsion 1, and Subsubarticle CC - 3720, DMsion 2, of Section Ill of the ASME-Boiler and Pressure Vessel Code, referenced in paragraphs (c)(3)(iv)(B)(1) and (c)(3)(iv)(!3)(2) of this section, have been approved for incorporation by reference by the Director of the Office of the Federal* Register. A notice of any changes made to the material incorporated by reference will be published in the Federal Register. Copies of the ASME Boiler and Pressure Vessel Code may be purchased from the American Soci'ety of Mechanical Engineers, United Engineering Center, 345 East 47th Street, New York, N.Y. 10017. It is also available for inspection at the NRC Technical Reference Library, Two White Flint North, Room 2B9, 11545 Rockville Pike, Rockville, MD. \ 31

37. In §50.66, the introductory text of paragraph (a), paragraph (a)(2), the introductory text of paragraph (f)(2), and paragraph (f)(3) are revised to read as follows:

§50.66 Requirements for thermal annealing of the reactor pressure vessel. (a) For those light water nuclear power reactors where neutron radiation has reduced the fracture toughness of the reactor vessel materials, a thermal annealing may be applied to the reactor vessel to recover the fracture toughness of the material. The use of a thermal annealing treatment is subject to the requirements in this section. A report describing the licensee's plan for conducting the thermal annealing must be submitted in accordance with §50.4 at least three years prior to the date at which the limiting fracture toughness criteria in §50.61 or Appendix G to Part 50 would be exceeded. Within three years of the submittal of the Thermal Annealing Report and at least thirty days prior to the start of the thermal annealing, the NRG will review the Thermal Annealing Report and make available the results of its evaluation at the NRC Web site, http://www.nrc.gov. The licensee may begin the thermal anneal after: (2) The NRG makes available the results of its evaluation of the Thermal Annealing Report at the NRC Web site, http://www.nrc.gov; and (f) (2) Within 15 days after the NRC's receipt of the licensee submissions required by paragraphs (c)(1 ), (c)(2) and (c)(3)(i) through (iii) of this section, the NRG staff shall make available at the NRC Web site, http://www.nrc.gov, a summary of its inspection of the licensee's thermal annealing, and the Commission shall hold a public meeting: 32

(3) Within 45 days of NRC's receipt of the licensee submissions required by paragraphs (c)(1 ), (c)(2) and (c)(3)(D through (iii) ot' this section, the NRC staff shall complete full documentation of its inspection of the licensee's annealing process and make available this documentation at the NRC Web site, http;f/www.nrc.gov.

38. In Appendix Oto Part 50, paragraph 5 is revised to read as follows:

Append!x Oto Part 50 - Standardization of Design; Staff Review of Standard Designs. '5. Upon completion of their review of a submittal under this appendix, the NRC regulatory staff, shall publish in the Federal Register a detenTiination as to whether or not the prelimihary or final design is acceptable, subject to such conditions as may be appropriate, and make available at the NRC Web site, http://www.nrc.gov, an analysis of the design in the fonTI of a report. An approved design shall be utilized by and relied upon by the regulatory staff and the ACRS in their review of any individual facility license application which incorporates by reference a design I approved in accordance with this paragraph unless there exists significant new Information which substantially affects the earlier detenTiination or other good cause.

39. In Appendix Q to Part 50, pa,ragr~ph 4 is revised to read as follows:

Appendix Q to Part 50 - Pre-application Early Review of Site Suitability Issues.

4. Upon completion of review by the NRC staff and, if appropriate by the ACRS, of a submittal under this appendix, the NRC staff shall prepare a Staff Site Report which shall identify the location of the site, state the site suitability issues reviewed, explain the nature and scope of the review, state the conclusions of the staff regarding the issues reviewed and state the reasons for 33

those conclusions. Upon issuance of an NRC Staff Site Report, the NRC staff shall publish a notice of the availability of the report in the Federal Register a_!1d shall make the report available at the NRC Web site, http://www.nrc.gov. The NRC staff small also send a copy of the report to the Governor or other appropriate official of the State in which the site is located, and to the chief executive of the municipality in which the site is located or, if the site is not located in a municipality, to the chief executive of the county. PART 51-ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS

40. The authority citation for Part 51 continues to read as follows:

AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 Stat. 2951, 2952, 2953, (42 ~.S.C. 2201, 2297f); secs. 201, as amended, 202, 88 Stat. 1242, as amended 1244 (42. U.S.C. 5841, 5842). Subpart A also issued under National Environmental Policy Act of 1969, secs. 102, 104, 105, 83 Stat. 853-954, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L.95-604, Title,II, 92 Stat. 3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243). Sections 51.20, 51.30, 51.60, 51.80, and 51.97 also issued under secs. 135,, 141, Pub. L: 97-425'. 96 Stat. \ 2232, 2241, and sec. 148, Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168). Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, sec. 121, 96 Stat. 2228 (42 U.S.C. 10141). Sections 51.43,.51.67, and 51.109 also issued under Nuclear Waste Policy Act of 1'982, sec. 114(f) 96 Stat. 2216, as amended (42 U.S.C.10134(f)).

41. In §51.62, paragraph (a) is revised to read as follows:

34

§51.62 Environmental report-Land disposal of radioactive waste licensed under 10 CFR Part 61. (a) Each applicant for issuance of a license for land disposal of radioactive waste pursuant to Part 61 of this chapter shall submit with its application to the Director of Nuclear Material Safety and Safeguards the number of copies, as specified in §51.66 of a separate document, entitled

• Applicant's Environmental Report-- License tor Land Disposal of Radioactive Waste." The environmental report and any supplement to the environmental report may incorporate by reference information contained in the application or in any previous application, statement or report filed with the Commission provided that such references are clear and specific and that copies of the information so Incorporated are available at the NRG Web site, http://www.nrc.gov, and/or at the NRG Public Document Room.

42. Section 51.120 is revised to read as follows:

§51.120 Availability of environmental documents for public inspection. Copies of environmental reports, *draft and final environmental impact statements, environmental ~ssessments, and findings of no significant impact, together with any related comments and environmental documents, will be made available at the NRG Web site, j -, http://www.nrc.gov, and/or at the NRG Public Document Room.

43. In §51.123, paragraph (a) and (b) are revised to read as follows:

§51.123 Charges for environmental documents; distribution to governmental agencies. (a) Distribution to public. Upon written request to the. Reproduction and Distribution Services Section, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, and to the extent available, single copies of draft environmental impact statements and draft findings of no significant impact will be made available to interested persons 35

without charge. Single copies of final environmental impact statements and final findings of no significant impact will also be provided without charge to the persons listed in §51.93{a) and §51.119(c), respectively. When more than one copy of an environmental impact statement or a finding of no significant impact is requested or when available NRC copies have been exhausted, the requestor will be advised that the NRC will provide copies at the charges specified in §9.35 of this chapter. (b) Distribution to governmental agencies. Upon written request to the Reproduction and Distribution Services Section, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, and to the extent available, copies of draft and final environmental impact statements and draft final findings of no significant impact will be made available in the number requested to Federal, State and local agencies, Indian tribes, and State, regional and metropolitan clearinghouses. When available NRC copies have been exhausted, the requester will be advised that the NRC will provide copies at the charges specified in §9.35 of this chapter. PART 52-EARLY SITE PERMITS; STANDARDS DESIGN CERTIFICATIONS; { AND COMBINED LICENSES FOR NUCLEAR POWER PLAN:-Y-S

44. The authority citation for Part 52 continues to read as follows:

AUTHORITY: Secs. 103, 104, 161, 182, 183, 186, 68 Stat. 936, 948, 953,954,955, 956, as amended, sec. 234, 83 Stat. 1244, as amended ( 42 U.S.C. 2133, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, 202, 206, 88 Stat. 1242, 1244, 1246, as amended (42 U.S.C. 5841, 5842, 5846).

45. In Appendix A to Part 52, Section VI, paragraph E.1.b. is revised to read as follows:

Appendix A to Part 52-Design Certification Rule For the U.S. Advanced Boiling Reactor. 36

VI. Issue Resolution. E. *

1. *

b. The reason why the information currently available to the public at the NRG Web site, http://www.nrc.gov, and/or at the NRG Public Document Room, is insufficient;

46. In Appendix B to Part 52, Section VI, paragraph E.1.b.. is revised to read as follows:

Appendix B to Part 52 - Design Certification Rule for the System 80+ Design. E. *

1. *

b. The reason why the information currently available to the public at the NRG Web site, http://www.nrc.gov, and/or at the NRG Public Document Room, is insufficient.

47. In Appendix Oto Part 52, paragraph 5 is revised to read as follows:

Appendix O to Part 52 - Standardization of Design; Staff Review of Standard Designs.

5. Upon completion of their review of a submittal under this appendix,,the NRG regulatory staff shall publish in the Federal Register a determination as to whether or not the preliminary or final design is acceptable, subject to such conditions as may be appropriate, and *make available at the NRG Web site, http://www.nrc.gov, an analysis of the design in the form of a report. An 37 j

approved design shall be utilized by and relied upon by the regulatory staff and the ACRS in their review of any individual facility license application which incorporates by reference a design approved in accordance with this paragraph unless there exists significant new information which substantially affects the earlier determination or other good cause.

48. In Appendix Q to Part 52, paragraph 4 is revised to read as follows:

Appendix Q to Part 52 - Pre-Application Early Site Review of Site Suitability Issues.

4. Upon completion of review by the NRG staff and, if appropriate by the ACRS, of a submittal under this appendix, the NRG staff shall prepare a Staff Site Report which shall identify the location of the site, state the site suitability issues reviewed, explain the nature and scope of the review, state the conclusions of the staff regarding the issues reviewed and state the reasons for those conclusions. Upon issuance of an NRG Staff Site Report, the NRG staff shall publish a notice of the availability of the report in the Federal Register and shall make available a copy of the report at the NRG Web site, http://www.nrc.gov. The NRG staff shall also send a copy of the report to the Governor or other appropriate official of the State in which the site is located, and to the chief executive of the municipality in which the site is located or, if the site is not located in a municipality, to the chief executive of the county.

PART 60--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE IN GEOLOGIC REPOSITORIES

49. The authority citation for Part 60 continues to read as follows:

Authority: Secs. 51, 53, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 929, 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2071, 2073, 2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 38

202, 206, 88 Stat. 1244, 1246 (42 U.S.G. 5842, 5846); secs. 1 0 and 14, Pub. L. 95-601, 92 Stat. 2951 (42 U.S.G. 2021a and 5851); sec. 102, Pub. L. 91-190, 83 Stat. 853 {42 U.S.G. 4332); secs. 114, 121, Pub. L. 97-425, 96 Stat. 2213g, 2228, as amended (42 U.S.G. 10134, 10141 ), and Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.G. 5851 ).

50. In §60.2, the definition of NRG Public Document Room is revised and the definition of NRG Web site is added to read as follows:

§60.2 Definitions. NRG Public Document Room means the facility at 2120 L Street, NW., Washington, D.G. where certain public records of the NRG that were made available for public inspection in paper or microfiche prior to the implementation of the NRG Agencywide Documents Access and Management System, commonly referred to as ADAMS, will remain available for public inspection. It is also the place where computer terminals are available to access the Electronic Reading Room component of ADAMS on the NRG Web site, http://www.nrc.gov, where copies can be made or ordered as set forth in §9.35. The facility is staffed with reference librarians to assist the public in identifying and locating documents and in using the NRG Web site and ADAMS: The NRG Public Document Room is open from 7:45 am to 4:15 pm, Monday through Friday, except on Federal holidays. Reference service and access to documents may also be requested by telephone (202-634-3273 or 800-397-4209) between 8:30 am and 4:15 pm, or by e-mail (PDR@nrc.gov), fax (202-634-3343), or letter (NRG Public Document Room, LL-6, Washington, D.G. 20555-0001 ). NRG Web site, http://www.nrc.gov is the Internet uniform resource locator name for the Internet address of the Web site where NRG will ordinarily make available its public records for inspection. 39

51. In §60.18, paragraph (f) is revised to read as follows:

§60.18 Review of site characterization activities. (f) The Director shall publish in the Federal Register a notice of availability of the site characterization analysis and a request for public comment within a reasonable period, as specified (not less than 90 days). The notice along with copies of the site characterization analysis shall be available at the NRC Web site, http://www.nrc.gov, and copies of any comments received will also be made available there.

52. In §60.61, paragraph (d) is added to read as follows:

§60.61 Provision of information. / (d) Copies of all communications by the Director under this section are available at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room, and copies are furnished to DOE.

53. In §60.63, paragraphs (b)and (f) are revised to read as follows:

§60.63 Participation in license reviews. (b) In addition, whenever an area has been approved by the President for site characterizatjon, a State or an affected Indian Tribe may submit to the Director a proposal to facilitate its participation in the review of a site characterization plan and/or license application. The proposal may be submitted at any time and must contain a description and schedule of how the 40

State or affected Indian Tribe wishes to participate in the review, or what services or activities the State or affected Indian Tribe wishes NRC to carry out, and how the services or actMties proposed to be carried out by NRC would contribute to such participation. The proposal may include educational or information services (seminars, public meetings) or other actions on the part of NRC, such as employment or exchange of State personnel under the Intergovernmental Personnel Act. (f) Proposals submitted under this section, and responses thereto, shall be made available at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room. I PART 62-CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES

54. The authority citation for Part 62 c<;>ntinues to read as follows:

AUTHORITY: Secs. 81, 161, as amended, 68 Stat. 935, 948, 949, 950, '951, as amended (42 U.S.C. 2111, 2201); secs. 201,209, as amended, 88 Stat. 12.42, 1248, as amended (42 U.S.C. 5841, 5849); secs. 3, 4, 5, 6, 99 Stat. 1843, 1844, 1845, 1846, 1847, 1848, 1849, 1850, 1851, 1852, 1853, 1854, 1855, 1856, 1857, (42 U.S.C. 2021c, 2021d, 2021e, 2021f).

55. In §62.11, paragraph (b) is revised to read as follows:

§62.11 Filing and distribt.Jtion of a determination request. (b) Upon receipt of a request for a determination, the Secretary of the Commission shall publish a notice acknowledging receipt of the request in the Federal Register. The notice must \ require that public comm~nt on the request be submitted within 1 O days of the publication date of the notice. A copy of the request will be made available for inspection or copying at the NRC Web 41

site, http://www.nrc.gov, and/or at the NRC Public Document Room. The Secretary of the I Commission shall also transmit a copy of the request to the U.S. Department of Energy, to the Governors of the States of the Compact region where the waste is generated: to the Governors of the States with operating non-Federal low-level radioactive waste disposal facilities, to the Compact Commissions with operating regional low-level radioactive waste disposal facilities, and to the Governors of the States in the Compact Commissions with operating disposal facilities.

56. In §62.22, paragraph (c) is revised to read as follows:

§62.22 Notice of issuance of a determination (c) The Secretary of the Commission shall make a copy of the final determination available for inspection at the NRC Web site, http://www.nrc.gov. \ PART 72 -LIC,ENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE

57. The authority citation for Part 72 continues to read as follows:

AUTHORITY:Secs.51,53,57,62,63,65,69,81, 161,182,183,184,186,187, 189,68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended(42U.S.C.2071,2073,2077,2092,2093,2095,2099,2111,2201,2232,2233,2234; 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202,206, 88 Stat. 1242, as amended, 1244, 1246 (42 U,S.C. 5841, 5842, 5846), Pub. L. 95-601, sec. 10, 92 Stat. 2951, as* amended by Pub. L., 102-486, sec. 7902, 106 Stat. , 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 42

133,135,137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168). Secs. 72.44(g) also issued under secs. 142(b) and 148(c), (d), Pub. L. 100-203, 101 Stat. 1330-232, 1220-236 (42 U.S.C. 10162(b), 10168(c), (d)). Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2.239); sec. 134, Pub. L. 97425, 96 Stat. 2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. L 97-100-203, 101 Stat. 1330~235 (42 U.S.C. 10165(g)). Subpart J also issued under secs.. 2(2), 2(15), 2(19), 117(a), 141 (h), Pub. L. 97-425, 96 Stat. 2202, 2203, 2204, 2222, 2224, (42 U.S.C. 10101, 10137(a), 10161 (h)). Subparts K and L are also issued under sec. 133, 98 Stat.- 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 u.s.c. 10198).

58. In §72.200, paragraph (c) i$ revised to read as follows:

§72.200 Provision of MRS infonnation. \ (c) Copies of all communications1by the Director or the Director's designee *under this section must be made available at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public __ Document Room, and must be furnished to DOE. PART 75-SAFEGUARQS ON NUCLEAR MATERIAL-IMPLEMENTATION OF US/IAEA AGREEMENT

59. The a:uthority citation for Part 75 continues to read as follows:

AUTHORITY: Secs. 53, 63, 103, 104, 122, 161, 68 Stat. 930,932,936,937,939,948, as amended (42 U.S.C. 2073, 2093, 2133, 2134, 2152, 2201); sec. 201, 8;8 Stat. 1242, as amended (42 u.s.c. 5841). 43

4 Section 75.4 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 ( 42 u.s.c. 10155, 10161).

60. In §75.2, paragraph (b) is revised to read as follows:

§75.2 Scope. (b) The United States eligible list is a list of installations eligible for IAEA safeguards under the US/IAEA Safeguards Agreement which the Secretary of State or his designee files with the I Commission. A copy of this list is available for inspection at the NRG Web site, http://www.nrc.gov, and/or at the NRG Public Document Room. In accordance with the provisions of the Agreement, the following activities are excluded from the United States eligible list: (1) Activities having direct national security significance. (2) Activities invoMng mining and ore processing. ) PART 76-CERTIFICATION OF GASEOUS DIFFUSION PLANTS

61. The authority citation for Part 76 continues to read as follows:

AUTHORITY: Secs. 161, 68 Stat. 948, as amended, secs. 1312,1701, as amended, 106 Stat. 2932, 2951, 2952, 2953, 110 Stat.1321-349 (42 U.S.C.'2201, 2297b-11, 2297f); secs. 201, as amended, 204, 206, 88 Stat. 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846). Sec 234(a), 83 Stat. 444, as amended by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 2243(a)). Sec. 76.7 also issued under Pub. L. 95-601. sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Sec. 76.22 is also issued under sec. 193(f), as amended, 104 Stat. 2835, as amended by Pub. L. 104-134, 11 O Stat. 1321, 1321-349 (42 U.S.C. 2243(f)). Sec. 76.35U) also issued under sec. 122, 68 Stat. 939 (42 U.S.~. 2152). 44

62. In §76.37, paragraph (a) is revised to read as follows:

§76.37 Federal Register notice. (a) A notice of the filing of an application specifying that copies of the application, except for ) Restricted Data, Unclassified Controlled Nuclear Information, Classified National Security Information, Safeguards Information, Proprietary Data, or other withholdable information will be made available for the public inspection at the NRC Web site, http://www.nrc.gov; PART 100--REACTOR SITE CRITERIA

63. The authority citation for Part 100 continues to read as follows:

\ AUTHORITY: Secs. 103,104,161,182, 68 Stat. 936,937,948,953, as amended (42 U.S.C. 2133, 2134, 2201, 2232); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842).

64. In § 100.11 the undesignated paragraph at the end of the section is removed and a new paragraph (c) is added to read as follows:

§ 100.11 Determination of exclusion, low population zone, and population center distance. (c) Copies of Technical lnformatio*n Document 14844 ~ay be obtained at the NRC Web site, http://www.nrc.gov, at the NRC Public Document Room, 2120 L Street, NW., Washington, D.C., or by writing the Director of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001. PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

65. The authority citation for Part 11 O continues to read as follows:

45

AUTHORITY: Secs. 51, 53, 54, 57, 63, 64; 65, 81, 82,103,104,109,111,126,127,128, 129,161,181,182,183,187, 189,68Stat.929,930,931, 932,933,936,937,948,953,954,955, 956, as amended (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, -2112, 2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-2233, 2237, 2239); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841 ), sec. 5, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243). Sections 110.1 (b )(2) and 110.1 (b )(3) also issued under Pub. L. 96-92, 93 Stat. 71 O (22 U.S.C. 2403). Section 110.11 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) ands~. 54c and 57d., 88 Stat. 473, 475 (42 U.S.C. 2074). Section 110.27 also issued under sec. 309{a), Pub. L. 99-440. Section 110.50{b)(3) also issued under sec: 123. 92 Stat. 142 (42 U.S.C. 2153). Section 110.51 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). ~action 110.52 also issued under sec. 186, 68 Stat. 955 (42 U.S.C. 2236). Sections 110.80-110.113 also issued under (5 U.S.C. 552,554). Sections 110.130-110.135 also issued under (5 U.S.C. 553). Sections 110.2 and 110.42(a)(9) also issued under sec. 903, Pub. L. 102-496 (42 U.S.C. 2151 et. seq).

66. In §110.2 the definition of Public Document Room is removed and ne~ definitions of NRC Public Document Room and NRC Web site are added to read as follows:

§ 110.2 Definitions. NRC Public Document Room means the facility at 2120 LStreet, NW., Washington, D.C. where certain public records of the NRC that were made available for public inspection in paper or microfiche prior to the implementation,ef the NRC Agencywide Documents Access and Management SY$tem, commonly referred to as ADAMS, will remain available for public inspection. \ It is also the place where computer terminals are available to access the Electronic Reading Room 46

component of ADAMS on the NRG Web site, http://www.nrc.gov, where copies can be made or ordered as set forth in §9.35. The facility is staffed with reference librarians to assist the public In identifying and locating documents and in using the NRC Web site and ADAMS. The NRC Public Document Room is open from 7:45 am to 4:15 pm, ~onday through Friday, except on Federal holidays. Reference service and access to documents may also be requested by telephone (202-634-3273 or 800-397-4209) between 8:30 am and 4:15 pm, or by e-mail (PDR@nrc.gov), fax (202-634-3343), or letter (NRC Public Document Room, LL-6, Washington, D.C. 20555-0001). NRC Web site, http://www.nrc.gov, is the Internet uniform resource locator name for. the Internet address of the Web site where NRC will ordinarily make available its public records for inspection.

67. In §110.70, paragraph (d) is removed and paragraph (a) is revised to read as follows:

§110.70 Public notice of receipt of application. (a) The Commission will notice the receipt of each license application for an export or import for which a specific license is required by making a copy available at the NRC Web site, http://www.nrc.gov.

68. Section 110.71 is revised to read as follows:

§110.71 Notice of withdrawal of an application. The Commission will notice the withdrawal of an application by making a copy available at the NRC Web site, http://www.nrc.gov. 47

4'

69. In §110.72, the section heading and introductory paragraph are revised to read as follows:

§110.72 Public availability of documents. Unless exempt from disclosure under Part 9 of this chapter, the following documents pertaining to each license and license application for an import or export requiring a specific license under this Part will be made available at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room:

• 70. In §110.112, paragraph (b) is revised to read as follows:

§110~ 112 Reporter and transcript for an oral hearing. (b) Except for any classified portions, transcripts will be made available at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room.

71.

In §110.113, paragraph (c) is revised to read as follows: § 110.113 Commission action. 48

(c) If the Commission considers information not in the hearing record in reaching its licensing decision, the hearing participants will be informed and, if not classified or otherwise privileged, the information will be made available at the NRC Web site, http://www.nrc.gov, and furnished to the participants. Dated at Rockville, Maryland, this 13 day of April, 1999. For the Nuclear Regulatory Commission. I 7 49}}