Text

PR-002,040,050,051,070,110,140,150 & 170 - 58FR46739 - Uranium Enrichment Regulations
	ML23151A530
Person / Time
Issue date:	09/16/1991
From:	Chilk S; NRC/SECY
To:	;
References
	PR-002, PR-040, PR-050, PR-051, PR-070, PR-110, PR-140, PR-150, PR-170, 58FR46739
	Download: ML23151A530 (1)
	v • d • e

{{#Wiki_filter:DOCUMENT DATE: TITLE: CASE

REFERENCE:

KEYWORD: ADAMS Template: SECY-067 09/16/1991 PR-002,040,050,051,070,075, 110,140, 150&170 - 56FR46739 - URANIUM ENRICHMENT REGULATIONS PR-002,040,050,051,070,075, 110,140, 150&17 0 56FR46739 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

STATUS OF RULEMAKING PROPOSED RULE: PR-2, 40,50,51,70,75 1 110,140,150,170 OPEN ITEK (Y/N) N RULB NAME: URANIUM ENRICHMENT REGULATIONS PROPOSED RULE FED REG CITE: 56FR46739 PROPOSED RULE PUBLICATION DATE: 09/16/91 ORIGINAL DATE FOR COMMENTS: 12/02/91 NUMBER OF COMMENTS: 2 EXTENSION DATE: I I FINAL RULE FED. REG. CITE: 57FR18388 PINAL RULE PUBLICATION DATE: 04/30/92 NOTES Qlf FILB LOCATED ON P1. TATUS F RULE TO FIND THE STAFF CONTACT OR VIEW THE RULEMAKING HISTORY PRESS PAGE DOWN KEY HISTORY OF THE RULE PART AFFECTED: PR-2, 40,50,51,70,75,110,140,150,170 RULE TITLB: URANIUM ENRICHMENT REGULATIONS PROPOSED RULE SECY PAPER: 91-219 FINAL RULE SECY PAPER: 92-076 CONTACT1: C. W. NILSEN CONTACT2: PROPOSED RULE SRM DATE: FINAL RULE SRM DATE: I I I I DATE PROPOSED RULE SIGNED BY SECRETARY: DATE FINAL RULE I I SIGNED BY SECRETARY: 04/23/92 STAFF CONTACTS ON THE RULE MAIL STOP: NLS-139 PHONE: 492-3834 MAIL STOP: PHONE:

DOCKET NO. PR-2, 40,50,51,70,75,110,140,150&170 (56FR46739) In the Matter of URANIUM ENRICHMENT REGULATIONS DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT 09/12/91 09/09/91 FEDERAL REGISTER NOTICE - PROPOSED RULE 11/06/91 10/31/91 COMMENT OF NEPA/EPA (RICHARD E. SANDERSON) (

1) 12/02/91 12/02/91 COMMENT OF LOUISIANA ENERGY SERVICE (J. MICHAEL MCGARRY, III) (

2) 04/28/92 04/23/92 FEDERAL REGISTER NOTICE - FINAL RULE

/ OOCKEiED USNRC [7590-01]

92

~PR 28 p 4 :54 10 CFR Parts 2, 40, 50, 51, 70, 75, 110, 140, 150, and 170 RIN 3150-AD90 Uranium Enrichment Regulations AGENCY: Nuclear Regulatory Commission. ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations concerning the licensing of uranium enrichment facilities to reflect changes made to the Atomic Energy Act of 1954, as amended (the Act) by the Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990. The principal effect of these amendments is that uranium enrichment facilities will be licensed subject to the provisions of the Act pertaining to source material and special nuclear material rather than under the provisions pertaining to a production facility. EFFECTIVE DATE: [Insert a date 30 days following the date of publication in the Federal Register].

FOR FURTHER INFORMATION CONTACT: Mr. C. W. Nilsen, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-3834. SUPPLEMENTARY INFORMATION:

Background

On November 15, 1990, the President signed the "Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990," Pub: L. 101-575, which, among other things, amended the Atomic Energy Act (the Act) with respect to the licensing of uranium enrichment facilities. The principal effect of these changes is that uranium enrichment facilities will be licensed pursuant to the provisions of the Act pertaining to source material and special nuclear material rather than the provisions pertaining to a production facility. Under the new provisions, licensing of uranium enrichment facilities will be a single step licensing process with one license issued pursuant to 10 CFR Parts 40 and 70 rather than a two-part licensing process under 10 CFR Part 50. The amendments to the Act which address the licensing of uranium enrichment facilities also mandate an environmental review, adjudicatory hearing, inspection before operation, and third party liability insurance.

However, uranium enrichment facilities remain production facilities for other purposes of the Act such as controlling the export of specially designed or prepared uranium enrichment equipment and preservation of Federal authority in Agreement States.

2

On September 16, 1991 (56 FR 46739), the Coninission published a proposed rule, which was essentially conforming in nature, to amend 10 CFR Parts 2, 40, 50, 51, 70, 75, 110, 140, 150, and 170 as required to implement Section 5 of Pub. L. 101-575 as it pertains to the licensing of uranium enrichment facilities. Public Comment and NRC Response The NRC received one comment letter on the proposed rule. Based on that comment, the Convnission has made a nonsubstantive clariftcation in the wording of the regulatory text. The proposed wording "financial protection" and ~ "public liability insurance" has been replaced with "liability insurancen in order to remove any perceived requirement for ftPrice-Anderson protection" which is not the intent of this amendment. This wording change was made to §§ 40.31(1), 70.22(m), 140.l(b), and 140.13b. Final Rule Text With the exception of these nonsubstantive changes and simplifying style changes, the text of the final rule is as proposed and published for comment in the Federal Register on September 16, 1991 (56 FR 46739). To reflect the requirements of Pub. L. 101-575, a definition for uranium enrichment facility is added that includes both (1) a facility used for separating the isotopes of uranium or enriching uranium in the isotope 235 and (2) any equipment or device capable of this action. The new definition continues to exclude laboratory scale facilities designed or used for 3

experimental or analytical purposes from licensing as a uranium enrichment facility as was the case prio.r to enactment of Pub. L. 101-575.

However, commercial laboratory scale enrichment becomes a licensed activity, and licensees are required to have appropriate source material and special nuclear material licenses and to comply with all applicable regulations.

Uranium enrichment facilities remain production facilities for chapters other than Chapter 10, 11Atomic Energy Licenses, 11 and Chapter 16, "Judicial Review and Administrative Procedure," of the Act. Therefore, there is no change for purposes of controlling the export of specially designed or prepared uranium enrichment equipment and the preservation of Federal authority over uranium enrichment licensing in Agreement States. Changes added to the Act by Pub. L. 101-575 contain five (5) new licensing requirements specific to the licensing of uranium enrichment facilities. The amendments to 10 CFR Chapter I to implement these requirements include: The requirement to conduct a single adjudicatory hearing before issuance of a license for construction and operation(§§ 40.33 and 70.23a}; The requirement prohibiting issuance of a license to allow construction and operation until a hearing is completed and a decision issued(§§ 40.32(g) and 70.3l(e)); The requirement that an Environmental Impact Statement (EIS) be prepared in accordance with the National Environmental Policy Act before the licensing hearing is completed(§§ 40.3l(k}, 51.97(c), and 70.2l(h)); The requirement that the Co1T111ission verify by inspection prior to commencement of operation that the facility has been constructed in accordance 4

with the license, and publish a notice of the inspection results in the Federal Register{§§ 40.41(g} and 70.32(k)); and The requirement that the licensee carry liability insurance against bodily injury, sickness, disease, death, loss of or damage to property, and loss of use of property arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of chemical compounds containing source material or special nuclear material. The insurance requirement specifically includes the chemical toxicity risks (§§ 40.32(g), 70.23{a)(l2), and 140.13b). Environmental Impact: Categorical Exclusion The NRC has determined that this regulation is the type of action described as a categorical exclusion in 10 CFR 51.22{c)(l) and (3). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared. Paperwork Reduction Act Statement This final rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These requirements were approved by the Office of Management and Budget approval number 3150-0020, -0021, -0009, -0039. The public reporting burden for this collection of information is estimated to average 60,000 hours per licensee response, including the time required for reviewing instructions, searching existing data sources, 5

gathering and maintaining the data needed, and reviewing the collection of information. Send corrments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Information and Records Management Branch (MNBB-7714}, U.S. Nuclear Regulatory Co1t111ission, Washington, DC 20555, and to the Desk Officer, Office of Information and Regulatory Affairs, NEOB-3019, (3150-0020, -0021, -0009, -0039}, Office of Management and Budget, Washington, DC 20503. Regulatory Analysis The Commission prepared a regulatory analysis on this final rule. The analysis examines the costs and benefits of the alternatives considered by the Commission. The Commission requested public co11111ents on the draft regulatory analysis, but no comments were received. The final regulatory analysis is available for inspection at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC. Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605{b), the Commission certifies that this rulemaking will not have a significant economic impact on a substantial number of small entities. The final rule will affect only persons who build or operate enrichment facilities for producing enriched uranium. The owners of enrichment facilities do not fall within the scope of 6

the definition of "small entitiesn set forth in Section 601(3) of the Regulatory Flexibility.Act, 15 U.S.C. 632, or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121. Backfit Analysis The Commission has determined that the backfit rule, 10 CFR 50.109, does not apply to this final rule. Thus, a backfit analysis is not required for these amendments because they do not involve any provisions that would impose backfits as defined in 10 CFR 50.l09(a)(l). List of Subjects 10 CFR Part 2 - Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalty, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal. 10 CFR Part 40 - Criminal penalty, Government contracts, Hazardous materials - transportation, Nuclear materials, Reporting and recordkeeping requirements, Source material, Uranium. 10 CFR Part 50 - Antitrust, Classification information, Criminal penalty, Fire protection, Incorporation by reference, Intergovernmental relations, Nuclear power plants and reactors,* Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements. 7

10 CFR Part 51 - Administrative practice and procedure, Environmental impact statement, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements. 10 CFR Part 70 - Criminal penalty, Hazardous materials - transportation, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material. 10 CFR Part 75 - Criminal penalty, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures. 10 CFR Part 110 - Administrative practice and procedure, Classified information, Criminal penalty, Export, Import, Incorporation by reference, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Scientific equipment. 10 CFR Part 140 - Criminal penalty, Extraordinary nuclear occurrence, Insurance, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements. 10 CFR Part 150 - Criminal penalty, Hazardous materials - transportation, Intergovernmental relations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Source material, Special nuclear material. 10 CFR Part 170 - Byproduct material, Non-payment penalty, Nuclear materials, Nucle~r power plants and reactors, Source material, Special nuclear material. For the reasons set forth in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, 8

as amended, and 5 U.S.C. 552 and 553, the Convnission is adopting the following amendments to 10 CFR Parts 2, 40, 50, 51, 70, 75, 110, 140, 150, and 170. PART 2--RULES OF PRACTICE FOR DOMESTit LICENSING PROCEEDINGS I. The authority citation for Part 2 is revised 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. 10134{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, 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132;.. 2133, 2134, 2135, 2233, 2239). Section 2.104 also issued under sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243). 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. 161b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 220l{b), (i), (o), 2236, 2282); sec. 206, 88 Stat. 1246 {42 U.S.C. 5846). 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 and Table IA of Appendix C also issued 9

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). Appendix A also issued under sec. 6, Pub. L. 91-560, 84 Stat. 1473 (42 U.S.C. 2135). Appendix B also issued under sec. 10, Pub. L. 99-240, 99 Stat. 1842 (42 U.S.C. 2021b et seq.). § 2.104 (b) * (2)

2.

In § 2.104, paragraph (b)(2) is revised to read as follows: Notice of hearing. That, if the proceeding is not a contested proceeding, the presiding officer will determine (i} without conducting a de nova evaluation of the application, whether the application and the record of the proceeding contain sufficient information, and the review of the application by the Commission's staff has been adequate to support affirmative findings on (b)(l) (i) through (iii) specified in this section and a negative finding on (b)(l}{iv) specified in this section proposed to be made and the issuance of 10

the construction permit proposed by the Director of Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards, as appropriate, and (ii) if the application is for a construction permit for a nuclear power reactor, a testing facility, a fuel processing* plant, a uranium enrichment facility, or other facility whose construction or operation has been determined by the Commission to have a significant impact on the environment, whether the review conducted by the Commission pursuant to the National Environmental Policy Act (NEPA) has been adequate. PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

3.

The authority citation for Part 40 is revised to read as follows: AUTHORITY: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. lle(2), 83, 84, Pub. L. 95-9 604, 92 Stat. 3033, as amended, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2014(e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L. 97-415, 96 Stat. 2067 (42 U.S.C. 2022); sec. 193, 104 Stat. 2835 (42 U.S.C. 2243). Section 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 40.31(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 40.46 also issued under sec. 184, 68 Stat. 954, as 11

amended (42 U.S.C. 2234). Section 40.71 also issued under sec. 187, 68 Stat. 955 (42 u.s.c. 2237). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); §§ 40.3, 40.7(g), 40.25(d)(l}-(3), 40.35(a)-(d) and (f), 40.4l(b) and (c), 40.46, 40.Sl(a) and (c), and 40.63 are issued under sec. 161b, 16li, and 1610, 68 Stat. 948, 949, and 950, as amended (42 U.S.C. 220l(b), 2201(1), and 2201(0)); and§§ 40.5, 40.9, 40.25(c), (d)(3), and (4), 40.26(c)(2), 40.3S(e), 40.42, 40.60, 40.61, 40.62, 40.64, and 40.65 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(0)).

4.

In § 40.4, the term "Uranium Enrichment Facility* is added to read as follows: § 40.4 Definitions. Uranium enrichment facility means: (1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or (2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235. 12

5.

Section 40.5 is amended by adding paragraph {b}(l)(vi) to read as follows: § 40.5 {b) (1) Communications. {vi} Uranium enrichment facilities.

6.

Section 40.31 is amended by adding paragraphs (k) and (1) to read as follows: § 40.31 Applications for specific licenses. (k) A license application for a uranium enrichment facility must be accompanied by an Environmental Report required under Subpart A of Part 51 of this chapter. 13

(l) A license application that involves the use of source material in a uranium enrichment facility must include the applicant's provisions for liability insurance.

7.

Section 40.32 is amended by revising paragraph (e) and adding paragraph (g) to read as follows: § 40.32 General requirements for issuance of specific licenses. (e) In the case of an application for a license for a uranium enrichment facility, or for a license to possess and use source and byproduct material for uranium milling, production of uranium hexafluoride, or for the conduct of any other activity which the Co11111ission determines will significantly affect the quality of the environment, the Director of Nuclear Material Safety and Safeg~ards or his designee, before co11111encement of construction of the plant or facility in which the activity will be conducted, on the basis of information filed and evaluations made pursuant to Subpart A of Part 51 of this chapter, has concluded, after weighing the environmental, economic, technical and other benefits against environmental costs and considering available alternatives, that the action called for is the issuance of the proposed license, with any appropriate conditions to protect environmental values. Commencement of construction prior to this conclusion is grounds for denial of a license to possess and use source and byproduct material in the plant or facility. As used in this paragraph, the term 14

"commencement of construction" means any clearing of land, excavation, or other substantial action that would adversely affect the environment of a site. The tenn does not mean site exploration, roads necessary for site exploration, borings to detennine foundation cbnditions, or other preconstruction monitoring or testing to establish background information related to the suitability of the site or the protection of environmental values. (g) If the proposed activity involves use of source material in a uranium enrichment facility, the applicant has satisfied the applicable provisions of Part 140 of this chapter.

8.

A new§ 40.33 is added to read as follows: § 40.33 Issuance of a license for a uranium enrichment facility. {a) The Commission will hold a hearing pursuant to 10 CFR Part 2, Subparts A, G, and I, on each application with regard to the licensing of the construction and operation of a uranium enrichment facility. The Convnission will publish public notice of the hearing in the Federal Register at least 30 days before the hearing. (b) A license for a uranium enrichment facility may not be issued before the hearing is completed and a decision issued on the application. 15

9.

Section 40.41 is amended by adding paragraph (g) to read as follows: § 40.41 Terms and conditions of licenses. (g) No person may commence operation of a uranium enrichment facility until the Commission verifies through inspection that the facility has been constructed in accordance with the requirements of the license. The Commission shall publish notice of the inspection results in the Federal Register.

10.

In § 40.65, the introductory text of paragraph (a) is revised to read as follows: § 40.65 Effluent monitoring reporting requirements. (a) Each licensee authorized to possess and use source material in uranium milling, in production of uranium hexafluoride, or in a uranium enrichment facility shall: 16

PART 50--DOMESTIC.LICENSING OF PRODUCTION AND UTILIZATION FACILITIES

11.

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 50.10 also issued under secs. 101, 185, 68 Stat. 936, 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). Sections 50.33a, 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). 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). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); §§ 50.5, 50.46(a) and (b), and 50.54(c) are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 220l{b)); §§ 50.5, 50.7(a), 50.lO(a)-(c), 50.34(a) 17

and (e), 50.44(a)-(c), 50.46(a) and (b), 50.47(b), 50.48(a), (c}, {d), and {e), 50.49(a), 50.54(a), (i), (i)(l), (1)-(n), (p), (q), {t), (v), and {y), 50.55{f), 50.55a{a), {c)-(e), {g), and (h), 50.59{c), 50.60(a), 50.62{c), 50.64(b), 50.65, and 50.80(a) and {b) are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(1)); and§§ 50.49(d), (h), and (j), 50.54(w), (z), {bb), (cc), and (dd), 50.55(e), 50.59(b), 50.6l(b)~ 50.62(b), 50.70{a), 50.71(a)-{c) and {e), 50.72(a), 50.73(a) and (b), 50.74, 50.78, and 50.90 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(0)).

12.

In § 50.2, paragraph (2) of the term "Production Facilityw is revised to read as follows: § 50.2 Definitions. As used in this part, Productjon facility means: (2) Any facility designed or used for the separation of the isotopes of plutonium, except laboratory scale facilities designed or used for experimental or analytical purposes only; or 18

13.

In § 50.33a, paragraph {e) is revised to read as follows: § 50.33a Information requested by the Attorney General for antitrust review. (e) Any person who applies for a class 103 construction permit for a fuel reprocessing plant shall submit the information requested by the Attorney General for antitrust review, as a separate document, as soon as possible and in accordance with § 2.101 of this chapter. PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS

14.

The authority citation for Part 51 is revised to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); 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. 853-854, 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, 51.61, 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. 19

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 1982, sec. 114{f), 96 Stat. 2216, as amended (42 U.S.C. 10134(f)}.

15.

In § 51.14(a), the term "Uranium enrichment facility" is added to read as fo 11 ows: § 51.14 Definitions. (a) As used in this subpart, Uranium enrichment facility means: (1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or (2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235. 20

16.

Section 51.20 is amended by adding paragraph (b}{lO) to read as follows: § 51.20 Criteria for and identification of licensing and regulatory actions requiring environmental impact statements. (b) (10} Issuance of a license for a uranium enrichment facility.

17.

Section 51.60 is amended by adding paragraph {b}(l)(vii) to read as follows: § 51.60 (b} (I} Environmental report - materials licenses. (v11) Construction and operation of a uranium enrichment facility. 21

18.

Section 51.97 is amended by adding paragraph (c) to read as follows: § 51.97 Final environmental impact statement - materials license. (c) Uranium enrichment facility. As provided in Section 5(e) of the Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990 (104 Stat. 2834 at 2835, 42 U.S.C. 2243), a final environmental impact statement must be prepared before the hearing on the issuance of a license for a uranium enrichment facility is completed. PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

19.

The authority citation for Part 70 is revised to read as follows: AUTHORITY: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 {42 U.S.C. 5841, 5842, 5845, 5846); sec. 193, 104 Stat. 2835 (42 U.S.C. 2243). Sections 70.l{c) and 70.20a{b) also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 70.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.2l{g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 22

70.31 also issued under sec. 57d, Pub. L. 93-377, 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36 and 70.44 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). Section 70.~2 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); §§ 70.3, 70.7(g), 70.10, 70.19(c), 70.21(c), 70.22(a), (b), (d)-(k), 70.24(a) and (b), 70.32(a)(3), (5), (6), (d), and (i), 70.36, 70.39(b) and (c), 70.4l(a}, 70.42(a) and (c), 70.56, 70.57(b), (c), and (d), 70.58(a)-(g)(3), and *(h)-(j) are issued under sec. 161b, 161 i, and 1610, 68 Stat. 948, 949, and 950, as amended (42 U.S.C. 220l(b), 2201(i), and 2201(0)); §§ 70.7, 70.10, 70.20a(a) and (d}, 70.20b(c) and (e), 70.2l(c), 70.24(b), 70.32(a)(6), (c), (d), (e), and (g), 70.36, 70.5l(c)-(g), 70.56, 70.57(b) and (d), and 70.58 (a)-(g)(3) and (h)-(j) are issued under sec. 16li, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and§§ 70.5, 70.9, 70.20b(d) *and (e), 70.38, 70.50, 70.5l(b) and (i), 70.52, 70.53, 70.54, 70.55, 70.58(g)(4), (k), and (1), 70.59, and 70.60(b) and (c) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(0)).

20.

In § 70.4, the term "Uranium enrichment facil ityA is added to read as follows: § 70.4 Definitions. 23

Uranium enrichment facility means: (1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or (2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235.

21.

Section 70.5 is amended by adding paragraph (b)(l)(vii) to read as follows: § 70.5 (b) (1) Co11111unications. (vii) Uranium enrichment facilities.

22.

In § 70.8, paragraph (b) is revised to read as follows: § 70.8 Information collection requirements: 0MB approval. 24

(b) The approved information collection requirements contained in this part appear in §§ 70.19, 70.20a, 70.20b, 70.21, 70.22, 70.24, 70.25, 70.32, 70.33, 70.34, 70.38, 70.39, 70.42, 70.50, 70.51, 70.52, 70.53, 70.57, 70.58, 70.59, and 70.60.

23.

Section 70.21 is amended by revising paragrap-h (a){l) and adding paragraph (h) to read as follows: § 70. 21 Filing. (a)(l) A person may apply for a license to possess and use special nuclear material in a plutonium processing or fuel fabrication plant, or for a urantum enrichment facility license by filing 25 copies of the application with the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. (h) A license application for a uranium enrichment facility must be accompanied by an Environmenta1 Report required under Subpart A of Part 51 of this chapter.

24.

Section 70.22 is amended by adding paragraph (n) to read as follows: 25

§ 70.22 Contents of applications. (n) A license application that involves the use of special nuclear material in a uranium enrichment facility must include the applicant's provisions for liability insurance.

25.

Section 70.23 is amended by revising paragraphs (a)(7) and (a){ll) and -by adding paragraph {a){l2) to read as follows: § 70.23 {a) (7) Requirements for the approval of applications. Where the proposed activity is processing and fuel fabrication, scrap recovery, conversion of uranium hexafluoride, uranium enrichment facility construction and operation, or any other activity which the Commission determines will significantly affect the quality of the environment, the Director of Nuclear Material Safety and Safeguards or his designee, before commencement of construction of the plant or facility in which the activity will be conducted, on the basis of information filed and evaluations made pursuant to Subpart A of Part 51 of this chapter, has concluded, after weighing the environmental, economic, technical, and other benefits against environmental costs and considering available alternatives, that the action called for is the issuance of the proposed license, with any appropriate conditions to protect environmental values. Commencement of 26

construction prior to this conclusion is grounds for denial to possess and use special nuclear material in the plant or facility. As used in this paragraph, the term "commencement of construction 11 means any clearing of land, excavation, or other substantial action that would adversely affect the environment of a site. The term does not mean site exploration, roads necessary for site exploration, borings to determine foundation conditions, or other preconstruction monitoring or testing to establish background information related to the suitability of the site or the protection of environmental values. (11) Where the proposed activity is processing and fuel fabrication, scrap recovery, conversion of uranium hexafluoride, or involves the *use of special nuclear material in a uranium enrichment facility, the applicant's proposed emergency plan is adequate. (12) Where the proposed activity is use of special nuclear material in a uranium enrichment facility, the applicable provisions of Part 140 of this chapter have been satisfied.

26.

A new§ 70.23a is added to read as follows: § 70.23a Hearing required for uranium enrichment facility. The Commission will hold a hearing under 10 CFR.Part 2, Subparts A, G, and I, on each application for issuance of a license for construction and 27

operation of a uranium enrichment facility. The Commission will publish public notice of the hearing in the Federal Register at least 30 days before the hearing.

27.

Section 70.25 is amended by revising paragraph (a) to read as follows: § 70.25 Financial assurance and recordkeeping for decommissioning. (a) Each applicant for a specific license of the types described in paragraphs (a)(l) and (2) of this section shall submit a decommissioning funding plan as described in paragraph (e) of this section. (1) A specific license for a uranium enrichment facility; (2) A specific license authorizing the possession and use of unsealed special nuclear material in quantities exceeding 10 5 times the applicable quantities set forth in Appendix C to §§ 20.1 - 20.601 of 10 CFR Part 20. A decommissioning funding plan must also be submitted when a combination of 5 isotopes is involved if R divided by 10 is greater than 1 (unity rule), where R is the sum of the ratios of the quantity of each isotope to the applicable value in Appendix C to §§ 20.l - 20.601 of 10 CFR Part 20.

28.

Section 70.31 is amended by adding paragraph (e) to read as follows: 28

§ 70.31 Issuance of licenses. (e) No license to construct and operate a uranium enrichment facility may be issijed until a hearing pursuant to 10 CFR Part 2, Subparts G and I, is completed and a decision issued on the application.

29.

Section 70.32 is amended by adding paragraph {k) to read as follows: § 70.32 Conditions of licenses. (k) No person may commence operation of a uranium enrichment facility until the Co11111ission verifies through inspection that the facility has*been constructed in accordance with the requirements of the license. The Commission shall publish notice of the inspection results in the Federal Register.

30.

Section 70.59 is amended by revising the introductory text of paragraph (a) to read as follows: § 70.59 Effluent monitoring reporting requirements. 29

(a) Each licensee authorized to possess and use special nuclear material for processing and fuel fabrication, scrap recovery, conversion of uranium hexafluoride, or in a uranium enrichment facility shall: PART 75--SAFEGUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF US/IAEA AGREEMENT

31.

The authority citation for Part 75 is reviserr 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); sec. 5, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243). Section 75.4 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 u.s.c. 10155, 10161}. For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); the provisions of this part are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(0)).

32.

In§ 75.4, paragraph {k)(6) is added to read as follows: § 75.4 Definitions. 30

As used in this part: (k) (6) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235. PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

33.

The authority citation for Part 110 is revised to read as follows: 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, 68 Stat. 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). Section 110.l(b)(2) 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 31

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 ]tat. 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 110.30-110.35 also issued under 5 U.S.C. 553. For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); §§ 110.20-110.29, 110.50, and 110.120-110.129 also issued under secs. 161b and *i, 68 Stat. 948, 949, as amended (42 U.S.C. 220l(b) and (i)); and §§ 110.7a, 110.7b, and 110.53 also issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(0)).

34.

In § 110.2, the term "Uranium enrichment facility" is added to read as follows: § 110.2 Definitions. Uranium enrichment facility means: (1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or 32

(2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235.

35.

Section 110.9a is amended by adding paragraph (e) to read as follows: § 110.9a authority. (e)

36.

List of nuclear equipment and material under NRC import licensing Uranium enrichment facilities. PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS The authority citation for Part 140 is revised to read as follows: AUTHORITY: Secs. 161, 170, 68 Stat. 948, 71 Stat. 576, -as amended (42 U.S.C. 2201, 2210); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 u.s.c. 5841, 5842). Section 140.13b is issued under sec. 193(d), 104 Stat. 2835 (42 U.S.C. 2243). 33

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); §§ 140.ll(a), 140.12(a), 140.13, and 140.13a are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 220l(b)); and § 140.6 is issued under sec. 1610, 68 Stat. 950, as amended {42 U.S.C. 2201*{0)).

37.

Section 140.1 is revised to read as follows: § 140.1 Purpose. The regulations in this part are issued to provide appropriate procedures and requirements for determining: {a) The financial protection required of licensees and for the indemnification and limitation of liability of certain licensees and other persons pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and {b) The liability insur.ance required of uranium enrichment facility licensees pursuant to Section 193 of the Atomic Energy Act of 1954, as amended.

38.

In § 140.2, paragraph (a)(4) is added to read as follows: § 140.2 Scope. 34

(a) (4) To each person licensed pursuant to Parts 40 and 70 of this chapter to construct and operate a uranium enrichment facility.

39.

Section 140.3 is amended by adding a new paragraph (m) to read as follows: § 140.3 Definitions. As used in this part: (m) Uranium enrichment facility means: (1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or 35

(2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235.

40.

In § 140.9a, paragraph (b) is revised to read as follows: § 140.9a Information collection requirements: 0MB approval. (b) The approved information collection requirements contained in this part appear in §§ 140.6, 140.7, 140.13b, 140.15, 140.17, 140.20, 140.21 and 140.21.

41.

A new§ 140.13b is added to read as follows: § 140.13b Amount of liability insurance required for uranium enrichment facilities. Each holder of a license issued under Parts 40 or 70 of this chapter for a uranium enrichment facility that involves the use of source material or special nuclear material is required to have and maintain liability insurance. The liability insurance must be the type and in the amounts the Commission considers appropriate to cover liability claims arising out of any occurrence within the United States that causes, within or outside the United States, bodily injury, sickness, disease, death, loss of or damage to property, or 36

loss of use of property arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of chemical compounds containing source material or special nuclear.material. Proof of liability insurance must be filed with the Commission as* required by § 140.15 before issuance of a license for a uranium enrichment facility under Parts 40 and 70 of this chapter.

42.

PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 The authority citation for Part 150 is revised to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 274, 73 Stat. 688 {42 U.S.C. 2201, 2021); 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 150.3, 150.15, 150.15a, 150.31, 150.32 also issued under.-secs. lle{2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84, 92 Stat. 3033, 3039 {42 U.S.C. 2014e(2), 2111, 2113, 2114). Section 150.14 also issued under sec. 53, 68 Stat. 930, as amended {42 U.S.C. 2073). Section 150.15 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 {42 U.S.C. 10155, 10161). Section 150.17a also issued under sec. 122, 68 Stat. 939 {42 U.S.C. 2152). Section 150.30 also issued under sec. 234, 83 Stat. 444 {42 U.S.C. 2282). For the purposes of sec. 223, 68 Stat. 958, as amended {42 U.S.C. 2273}; §§ 150.20(b){2)-{5) and 150.21 are issued under sec. 161b, 68 Stat. 948, as 37

amended (42 U.S.C. 220l(b)); § 150.14 and 150.20(b)(3) are issued under sec. 16li, 68 Stat. 949, as amended (42 U.S.C. 220l(i)); and §§ 150.16-150.19 and 150.20(b)(l) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(0)).

43.

In § 150.3, paragraph (h) is revised and paragraph (m) is added to read as follows: § 150.3 Definitions. (h) "Production facility" means: (1) Any equipment or device determined by rule of the Commission to be capable of the production of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public, including a uranium enrichment facility; or (2) Any important component part especially designed for such equipment or device as determined by the Co1T1Tiission. (m) "Uranium enrichment facj]jty" means: 38 r -

(1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or (2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235. PART 170--FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT LICENSES AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED

44.

The authority citation for Part 170 continues to read as follows: AUTHORITY: 31 U.S.C. 9701, 96 Stat. 1051; sec. 301, Pub. L; 92-314, 86 Stat. 222 (42 U.S.C. 2201w); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

45.

In § 170.3, paragraph (2) of the term production facility is revised and a new term "Uranium enrichment facilityR is added to read as follows: § 170.3 Definitions. As used in this part: 39

Production facility means: (2) Any facility designed or used for the separation of the isotopes of plutonium, except laboratory scale facilities designed or used for experimental or analytical purposes only; or Uranium enrichment facility means: (1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or (2) Any equipment or device, or important component part especially designed for this equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235. § 170.21 [Amended]

46.

In § 170.21, the table "Schedule of Facility Fees* is amended by removing and reserving Category E, Uranium Enrichment Plant. 40

J

47.

In § 170.31, the table "Schedule of Materials Fees" is revised by adding lE to read as follows: § 170.31 Schedule of fees for materials licenses and other regulatory services, including inspections and import and export licenses. SCHEDULE OF MATERIALS FEES (See footnotes at the end of table) Category of materials licenses and type of feesY

1.

Special nuclear material: Fee ii V E. Licenses for construction and operation of a uranium enrichment facility. Application........ License, Renewal, Amendment Inspection: Routine.* Non routine... $125,000 Full Cost Full Cost Full Cost llrypes of fees - Separate charges as shown in the schedule will be assessed for preapplication consultations and reviews, applications for new 41

licenses and approvals, issuance of new licenses and approvals, amendments and renewals to existing licenses and approvals, safety evaluations of sealed sources and devices, and inspections. The following guidelines apply to these charges: (a) Application fees - Applications for new materials licenses and approvals; applications to reinstate expired licenses and approvals except those subject to fees assessed at full cost; and applications filed by Agreement State licensees to register under the general license provisions of 10 CFR 150.20, must be accompanied by the prescribed appl"ication fee for each category, except that: 1) applications for licenses covering more than one fee category of special nuclear material or source material must be accompanied by the prescribed application fee for the highest fee category; and 2) applications for licenses under fee Category IE must be accompanied by an application fee of $125,000. (b) License/approval/reyjew fees - Fees for applications for new licenses and approvals and for preapplication consultations and reviews subject to full cost fees (fee Categories IA, 18, IE, 2A, 4A, 58, I0A, 11, 12, 13A, and 14) are due upon notification by the Convnission in accordance with § 170.12(b), (e), and (f). (c) Renewal/reapproyal fees - Applications for renewal of licenses and approvals must be accompanied by the prescribed renewal fee for each category, except that fees for applications for renewal of licenses and approvals subject to full cost fees (fee Categories IA, 18, IE, 2A, 4A, 58, l0A, 11, 12, 13A, and 14) are due upon notification by the Commission in accordance with § 170.12(d). 42

(d) Amendment fees - (1) Applications for amendments to licenses and approvals, except those subject to fees assessed at full cost, must be accompanied by the prescribed amendment fee for each license affected. An application for an amendment to a license or approval classified in more than one fee category must be accompanied by the prescribed amendment fee for the category affected by the amendment unless the amendment is applicable to two or more fee categories, in which case the amendment fee for the highest fee category applies. For those licenses and approvals subject to full costs (fee Categories IA, 1B, IE, 2A, 4A, 58, IOA, 11, 12, 13A, and 14), amendment fees are *due upon notification by the Co1T111ission in accordance with § 170.12(c}. (2) An application for amendment to a materials license or approval that would place the license or approval in a higher fee category or add a new fee category must be accompanied by the prescribed application fee for the new category. {3) An application for amendment to a license or approval that would reduce the scope of a licensee's program to a lower fee category must be accompanied by the prescribed amendment fee for the lower fee category. {4} Applications to tenninate licenses authorizing small materials programs, 4t when no dismantling or decontamination procedures are required, are not subject to fees. (e) Inspection fees - Separate charges will be assessed for each routine and nonroutine inspection performed, including inspections conducted by the NRC of Agreement State licensees who conduct activities in non-Agreement States under the reciprocity provisions of 10 CFR 150.20. Inspections resulting from investigations conducted by the Office of Investigations and nonroutine inspections that result from third-party allegations are not subject to fees. If a licensee holds more than one 43

materials license at a single location, a fee equal to the highest fee category covered by the licenses will be assessed if the inspections are conducted at the same time, unless the inspection fees are based on the full cost to conduct the inspection. The fees assessed at full cost will be determined based on the professional staff time required to conduct the inspection multiplied by the rate established under§ 170.20 to which any applicable contractual support services costs incurred will be added. Licenses covering more than one category will be charged a fee equal to the highest fee category covered by the license. Inspection fees are due upon notification by the Commission in accordance with § 170.12(g}. See F~otnote 5 for other inspection notes. Z/Fees will not be charged for orders issued by the Conrnission pursuant to 10 CFR 2.204 nor for amendments resulting specifically from such Commission orders. However, fees will be charged for approvals issued pursuant to a specific exemption provision of the Co1T111ission's regulations under Title 10 of the Code of Federal Regulations (e.g., §§ 30.11, 40.14, 70.14, 73.5, and any other sections now or hereafter in effect} regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form. In addition to the fee shown, an applicant may be assessed an additional fee for sealed source and device evaluations as shown in Category 9A through 9D. liFull cost fees will be determined based on the professional staff time and appropriate contractual support services expended. For those ~pplications currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the review 44

of the application w111 be determ1hed at the professional rates established for the Ju'ne 20, 1984, January 30, 1989, July 2, 1990, and July 10, 1991, rules, as appropriate. For those applications currently on file for which review costs have reached an applicable fee ceiling established by the June 20, 1984, and July 2, 1990 rules, but are still pending completion of the review, the cost incurred after any applicable ceiling was reached through January 29, 1989, will not be billed to the applicant. Any professional staff-hours expended above those ceilings on or after January 30, 1989, will be assessed at the applicable rates established by§ 170.20, as appropriate, except for topical reports whose costs exceed $50,000. Costs which exceed $50,000 for each topical report, amendment, revision or supplement to a topical report completed or under review from January 30, 1989, through August 8, 1991, will not be billed to the applicant. Any professional hours expended on or after August 9, 1991, will be assessed at the rate established in § 170.20. In no event will the total review costs be less than twice the hourly rate shown in § 170.20. Dated at Rockville, Maryland, this ~day of~. 1992. For the Nuclear Regulatory Comission. ecretary of the onnnission. 45

~~f ~= Pl ~ YO,, s o t;t_ ti1 _ WINSTON & STRAWcNrEo USNRC {Sb FYL "1'673, 1400 L STREET, N.W. FREDERICK H. WINSlON (1853-1886) SILAS H. STRAWN (1891-1946) WASHINGTON, D.C. 20005-3502 '9) DEC -2 P 3 :57 (202) 371-5700 FACSIMILE (202) 371-5950 WRITER'S DIRECT DIAL NUMBER

,r~*,c~ Jf ~f

CR[TM'f OUChl ~ !t\\H.i.-, ::~ ~t\\/1[ r*

~:t~.~ rJC' i December 2, 1991 Mr. Samuel J. Chilk Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Docketing and Service Branch Subj: Notice of Proposed Rulemaking uranium Enrichment Regulations (RIH 3150-AD90) 56 Fed. Reg. 46,739 (Sept. 16, 1991)

Dear Mr. Chilk:

CHICAGO OFFICE 35 WEST WACKER DRIVE 2 CHICAGO, ILLINOIS 60601 (312) 558-5600 NEW YORK OFFICE 175 WATER STREET NEW YORK, NY 10038-4981 (212) 269-2500 In accordance with the above-referenced Notice of Proposed Rulemaking (the Notice), we hereby submit the following comments on behalf of Louisiana Energy Services, L.P. (LES). LES has a substantial interest in the proposed regulations that would govern uranium enrichment facilities. LES filed with the NRC, on January 31,

1991, an application for a

license to possess and use byproduct, source, and special nuclear material and to enrich natural uranium to a maximum of five percent U-235 by the gas centrifuge process. LES operations under this application would specifically be governed by the proposal contained within the above-referenced Notice. Receipt of the LES application has been noticed in the Federal Register. 56 Fed. Reg. 23,310 (May 21, 1991). LES generally supports the proposed regulations and urges the Commission to promulgate the proposal with specific changes as suggested below. Comments of LES Concerning Financial Protection Requirements and Indemnity Agreements Section 5 of the Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990, Pub. L. 101-575, "Licensing of Uranium Enrichment Facilities" (the Act), provides that the NRC must require "liability insurance" for licenses issued for uranium enrichment facilities to cover liability claims "arising out of or

U.S. NUCLEAR REGULATORY COMMISSION DOCKETING & SERVICE SECT10N OFFICE OF THE SECRETARY Of THE COMMISSk>N Oocument Statistics Postmark Dall A e,1_4?, ( I J _p V' ~ Copies Ae0eiYed __. ______ _ Adcft Copies ReorOCKed _ _.____,.,......_ S~I Distribution lll i Ls e.v:z-1""'-'-"'--,1..,.Q,.,l:=----"- 1

Mr. Samuel J. Chilk December 2, 1991 Page 2 resulting from the radioactive,

toxic, explosive, or other hazardous properties of chemical compounds containing source or special nuclear material."

104 Stat. 2836. The Act further specifically provides that " [s]ection 170 of this Act [the Price-Anderson Act] shall not apply to any license under section 53 or 63 for a uranium enrichment facility constructed after the date of enactment of this section." I d. ( emphasis added)

In summary, the Congress intended in the Act that the NRC adopt requirements for "liability insurance" for uranium enrichment facilities.

The Congress also specifically intended, in the Act, that the Price-Anderson Act, 42 u.s.c. § 22 10, not apply to uranium enrichment facilities. The amendments proposed in the Notice are intended to conform Part 140 to the Act to require liability insurance for uranium enrichment facilities. 56 Fed. Reg. at 46,740. Unfortunately, the language used in the proposal could be construed to imply that the Price-Anderson indemnification scheme applies to uranium enrichment facilities, contrary to congressional intent. Proposed Section 140.l(b) would provide that The regulations in this part are issued to provide appropriate procedures and requirements for determining: (b) The financial protection required of uranium enrichment facility licensees pursuant to Section 193 of the Atomic Energy Act of 1954 (88 Stat. 919), as amended. 56 Fed. Reg. at 46,745 (emphasis added). Further, a new Section 140.13b would read, in part, as follows: § 140.13b Amount of financial protection required for uranium enrichment facilities Each holder of a license issued under parts 40 or 70 of this chapter for a uranium enrichment facility that involves the use of source material or special nuclear material is required to have and maintain financial protection in the form of liability insurance *

Proof of financial protection must be filed with the Commission as required by § 140.15 before issuance of a license for a uranium enrichment facility under parts 40 and 70 of this chapter.

Mr. Samuel J. Chilk December 2, 1991 Page 3 56 Fed. Reg. at 46,745-46 (emphasis added). Both of these proposed provisions ostensibly use the term "financial protection" to describe the nuclear liability insurance that is to be maintained for a uranium enrichment facility. The proposed sections implicitly assume that the term "financial protection" is simply a synonym for liability insurance.

This, however, is not the case.

"Financial protection" is a term of art which is defined by the Atomic Energy Act of 1954, as amended, 42 u.s.c. §§ 2011 et seq. (AEA), as follows: "financial protection" means the ability to respond in damages for public liability and to meet the costs of investigating and defending claims and settling suits for such damages. 42 u.s.c. § 2014(k) (emphasis added). The term "public liability" is itself implicated by its use i n the definition of "financial protection." "Public liability" is another term of art for purposes of the AEA. The AEA defines "public liability" as any legal liability arising out resulting from a nuclear incident ** of or 42 u.s.c. § 2014(w) (emphasis added). Again, the term "nuclear incident" is implicated by the use of "financial protection." And again, "nuclear incident" has special meaning under the AEA. "Nuclear incident" is defined as any occurrence, including an extraordinary nuclear occurrence, within the United States causing, within or outside the United states, bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of

source, special nuclear, or byproduct material ****

42 u.s.c. § 2014(j) (emphasis added). In terms of the Price-Anderson Act, an extraordinary nuclear occurrence triggers waivers of defenses that are only applicable in Price-Anderson cases. 42 u.s.c. § 2210(n) (1). Thus, the use of the term "financial protection," and the statutory construction that necessarily accompanies use of that term ("financial protection" includes "public liability" which includes "nuclear incident" which includes "extraordinary nuclear occurrence"), leaves an ambiguity that the Price-Anderson coverage, including waivers of defenses thereunder,

Mr. Samuel J. Chilk December 2, 1991 Page 4 could apply to uranium enrichment facilities, a result !Tlearly contrary to the intent of Congress as set out in the Act. To avoid such a result, we urge the Commission to simply refer, in the proposed sections 140.l(b) and 140.13b, to "nuclear liability insurance" in place of the proposed term "financial protection." Substitution of this language would accomplish the stated purpose of this rulemaking, i.e., to conform NRC regulations with the requirements of the Act. If our suggestion is incorporated, the regulation would still require LES to obtain nuclear liability insurance, without any possibility of application of the Price-Anderson Act to uranium enrichment facilities. Thus, Congressional intent would be satisfied. Conclusion We appreciate the opportunity to comment on this proposed rulemaking. 1/ J. ich el McGarry, III J os . Knotts, Jr. Mitchell s. Ross Counsel to Louisiana Energy Services, L.P. See 104 Stat. 2836 ("Section 170 of this Act [Price-Anderson Act] shall not apply to any license under section 53 or 63 for a uranium enrichment facility constructed after the date of enactment of this section").

DOCKET NUMtn:tt p PROPOSED RULE ~ t/ d S d ft.AL* G '1ff<r.Jto,3J) UNITED STATT:S ENVIRONMENTAL PROTECTION AGENCY r. ;CLi U:,Nr WASHINGTON, O.C. 20460

91 0\\1 -6 mo :s1 r

vi f. l I ti jCt\\ rf,~ef~ENT OCT 3 I ..,v Mr. Samuel J. Chilk Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Docketing and Service Branch

Dear Mr. Chilk:

In accordance with Section 309 of the Clean Air Act and the National Environmental Policy Act (NEPA), the U.S. Environmental Protection Agency (EPA) has reviewed the U.S. Nuclear Regulatory Commission's proposed rule concerning 10 CFR Parts 2, 40, 50, 51, 70, 75, 110, 140, 150 and 170 (uranium enrichment regulations) and has no comments. Thank you for the opportunity to review the proposed rule. Should you have further need to contact EPA regarding this rulemaking, please have your staff contact Ms. Susan Offerdal of my staff at (202) 260-5059. Richard E. Sanderson Director Office of Federal Activities (!) Acknowtedged b DEC 3 JJ.19 'I~ ttm I I I I 4 It l Iii Prilrud on "R,c,clul Pap<<r

U.S. NUCLEAR REGULATORY COMMISSION DOCKETING l SERVICE SECTION OFFICE OF THE SECRETARY OF THE COMMISSION Dorument Statistics Postmark Date Cf f Copies Received_! ________ _ Add'I Copies Reproduced -=:..__~-- Special Distribut',on -:P D R _,_____......,1~----==...c:::~ tJ i I.Sel'\\J L.~ ~ ~ ---

'91 EP 12 P12 :56 T NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2, 40, 50, 51, 70, 75, 110, 140, 150, and 170 RIN 3150-AD90 Uranium Enrichment Regulations AGENCY: Nuclear Regulatory Corrmission. ACTION: Proposed rule. [7590-01]

SUMMARY

The Nuclear Regulatory Commission (NRC) is proposing to amend its e regulations concerning the licensing of uranium enrichment facilities to reflect changes made to the Atomic Energy Act of 1954, as amended (the Act) by the Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990. The principal effect of these amendments is that uranium enrichment facilities will be licensed subject to the provisions of the Act pertaining to source material and special nuclear material rat~_,r t han under the provisions pertaining to a production f aci 1 ity. I 2-j 2-(1 f DATE: Comment period expires (75 days from the date of publication in the Federal Register). Comments received after this date will be considered if it lql v\\ \\1~\\ 1 f Jr* '17 i q~

is practical tq do so, but the NRC is able to assure consideration only for comments received on or before this date. ADDRESSES: Mail written comments to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and Service Branch. Deliver co11111ents to One White Flint North, 11555 Rockville Pike, Rockville, MD, between 7:45 am and*4:15 pm Federal workdays. Copies of the draft regulatory analysis and conments received may be examined at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC. FOR FURTHER INFORMATION CONTACT: Mr. C. W. *Nilsen, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory ComiTlission, Washington, DC 20555, telephone (301) 492-3834, or Mr. P. Loysen, Office of Nuclear Material Safety

and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-0685.

SUPPLEMENTARY INFORMATION:

Background

On November 15, 1990, the President signed the "Solar, Wind, Wdste, and Geothermal Power Production InGentives Act of 1990, 11 Pub. L. 101-575, which, among other things, amended the Atomic Energy Act (the Act) with respect to the licensing of uranium enrichment facilities. The principal effect of these changes is that uranium enrichment facilities will be licensed pursuant to the provisions of the Act pertaining to source material and special nuclear material rather than the provisions P.ertaining to a production facility. 2

Under the new P.rovisions, licensing of uranium enrichment facilities will become a single step licensing process with one lice~se issued pursuant to 10 CFR Part,s 40 and 70 rather than a two-part licensing process under 10 CFR Part 50. However, amendments to the Act which address the licensing of uranium enrichment 'facilities also mandate an environmental review, adjudicatory hearing, inspect1on before operation, and third party liability insurance. Also, uranium enrichment facilities remain production facilities for other purposes of the Act such as controlling the export of specially designed or prepared uranium enrichment equiprrent and preservation of Federal authority in Agreement States. Proposed Action The Commission is proposing this, rulemaking, which is essentially conforming,in nature, to amend 10 CFR Parts 2, 40, 50, 51, 70, 75, 110, 140, 150, ,\\ and 170 as required to implement Section 5 of Pub. L. 101-575. Section 5 of Pub. L. 101-575 amended the Act to remove uranium enrich-ment facilities from consideration as production facilities for the purposes of Chapters 10 and 16 of the Act. As a result, licensing of uranium enrichment facilities will be subj~ct to the procedural licensing provisions of the Act for source material and special nuclear material under 10 CFR Parts 40 and 70 with* the addition of new requirements concerning facility construction and operation. To reflect Pub. L. 101-575, t~e addition of a definition for uranium enrichment facility is. being proposed that would include both (1) a facility used for separating the isotopes of uranium or enriching uranium in the isotope 235 and (2) any equipment or device capable of such action. The new definition continues*to exclude laboratory scale facilities designed or used for experimental or analytical purposes from licensing as a uranium enrich'!!.ent facility as was 3

the case prior,..to enactment of Pub. L. 101-575. However, commercial laboratory scale enrichment would be a licensed activity, and licensees would be required to have appropriate source material and special nuclear material licenses and to comply with all applicable regulations. Uranium enrichment facilities remain production facilities for chapters other than Chapter 10, 11Atomic Energy Licenses/' and Chapter 16, 11Judicial Review and Administrative Procedure/' of the Act. Therefore, there is no change for purposes of controlling the export of specially designed or prepared uranium enrichment equipment and the preservation of Federal authority over uranium enrichment licensing in Agreement States. To conform with the changes added to the Act by Pub. L. 101-575, the proposed amendments contain five (5) new licensing requirements specific to the licensing of uranium enrichment facilities. The amendments to 10 CFR Chapter I which are necessary to implement these requirements include: The requirement to conduct a single adjudicatory hearing before issuance of d license for construction and operation (proposed§§ 40.33 and 70.23a); The requirement prohibiting issuance of a license to allow construction and operation until a hearing is completed and a decision issued (proposed §§ 40.32(g) and 70.3l(e)); The requirement that an Environmental Impact Statement (EIS) be prepared in accordance with the National Environmental Policy Act before the licensing hearing is completed (See§§ 40.31(k), 51.97(c), and 70.21(h)); The requirement that prior to commencement of operation the Commission verify by inspection that the facility has been constructed in accordance with th~ license, and publish a notice of the inspection results in the Federal Register (proposed§§ 40.41(9) and 70.32(k)); and 4

The requirement that the licensee carry public liability insurance against bodily 'injury, sickness, !'.iisease, death, loss of or damage to property, and loss of use of property arising out of or resulting from the radioactive, toxic, explos;ye, or other hazardous properties of chemical compounds containing source materia1 or special nuclear material. The insurance requirement specifically includes the chemical toxicity risks associated with uranium hexafluoride (proposed§§ 40.32(9), 70.23(a}{l2), and 140.13b).

e A number of minor conforming changes to the provisions of 10 CFR Chapter I are proposed to implement the amendments to the Act.

Of specific note is the fee category change in 10 CF8 Part 170. Categorty E has been deleted from 10 CFR Part 170.21 and a new category lE has been added to 10 CFR Part 170.31. Environmental Impact: Categorical Exclusion The NRC has determined that this proposed regulation is the type of action described as. a categorical exclusion in *10 CFR 51.22(c)(l) and (3). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared.for this proposed regulation. Paperwork Reduction Act Statement This proposed rule'amends information collection requirements that are subject to the Paperwork Reduction A'ct of 1980 (44 U.S.C. 3501 et seq.)~ This rule has been submitted to the Office of Management.and Budget for review and approval of the paperwork'requirements. 5

Public r~porting burden for this collection of information is estimated to average 60,000 hours per response, including the time for reviewing instructiQns, searching existing data sources, gathering and maintaining the data ne~ded, and completing and reviewing the collection of informatiqn. This estimate includes the entire licensing process, includi~g preparation of the application and environmental report, and is not due to the minor conforming ch?nges being proposed here. Send corrments regarding this burden estimate or any other aspect of this collection of information, including suggestions for . reducing this burden, to the Information and Records Management Branch (MNBB-7714), U.~. Nuclear Regulatory ColllTiission, Washington, DC 20555; and to the Desk Officer, Office of Information and Regulatory Affairs, NEOB-3019 (3150-0020, -0011, -0021, -0009, -0055, -0036, -0039, -0032), Office of Management and Budget, Washington, DC 20503. Draft Regulatory Analysis The Commission has prepared a draft regulatory analysis on this proposed I regulation. The analysis examines thl costs and benefits of the alternatives considered by the Commission. The draft analysis *is available for inspection at *th~ NRC Public Document Room, 2120 L Street NW. {Lower Level), Washington, DC-. Single copies of the analysis may be obtained from Mr. C. W. Nilsen, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory CoITBTiission, Washington, DC 20555~ telephone* (301) 492-3834. The Co1T111ission requests public coll111ents on the draft regulatory analysis. Comments on the draft analysis may be submitted to the NRC as indicated under the ADDRESSES heading. 6

Regulatory Flexibility Certification In accordance with the Regulatory Flexibility. Act, 5 U.S.C. 605(b}, the , Commiss*ion certifies that, if pronrulgated, this rulemaking will not have a significant economic impact on a substantial number of small entities. The proposed rule, when promulgated, would affect only persons who build' or operate enrichment facilities for producing enriched uranium. The owners of e~richment facilities do not fall within the scope of the definition of,. 11 small entities 11 e set* forth in Section 601(3) of the Regulatory Flexibility Act, 15 U.S.C. 632, or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121. Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this proposed rule. Thus, a backfit analysis is not required for -these amendments because they. do not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a){l). List of Subjects Part 2 - Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalty, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal. Part 40 - Criminal penalty, Government contracts, Hazardous materials - transportation, Nuclear materials, Reporting and recordkeeping requirements, Source material, Uranium. 7

Part 50 - Antitrust, Classification information, Criminal penalty, Fire 'protection, Incorporatio~ by reference, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria~ Reporting and recordkeeping requirements. 'Part 51 - Administrative practice and procedure, Environmental impact. statement, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements. Part 70 - Criminal penalty, Hazardous materials - transportation, Nuclear e materials, Packaging dnd containers, Radiation protection, Reporting*and recordkeeping requirements, Scientific equipment, Security measures, Special, nuclear material. Part 75 - Criminal penalty, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures. Part 110 - Administrative practice and procedure, Ciassif,ied informatio*n, Criminal penalty, Export, Import, Incorporation by reference, *Intergovernmental

relations, Nuclear.materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Scientific equipment.

Part 140 - ~riminal penalty, Extraordinary nuclear occurrence, Insurance, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements. Part 150 - Criminal penalty, Hazardous materials - transportation, Intergovernmental relations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Source material, Special nuclear material. Part 170 - Byproduct material, Non-payment penalty, Nuclear materials, Nuclear, power plants and reactors, Source material, Special nuclear material.* .a

For the reasons set forth in the preamble and under the author,ity of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and~ U.S.C. 553,.the NRC is proposing to adopt the following conforming amendments to 10 CFR Parts 2, 40, 50, 51, 70, 75,' 110, 140, 150, and 170. PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS

1.

The authority citation for Part 2 is revised 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 (

~mended (42 U.S.C. 10134(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, 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Sec. 193 Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243). Section 2.105 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 2.200-2.206 also issued under secs. 186, 234, 68 Stat. 955, 83 Stat. 444, as amended (42 U.S.C. 2236, 2282)~ sec. 206, ab S~at. 1246 (42 U.S.C. 5846). 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 9

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 and Table lA of Appendix C 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.G. 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). Appendix A, also issued under sec. 6, Pub. L. 91-560, 84 Stat. 1473 (42 U.S.C. 2135). Appendix B also issued under sec. 10, Pub. L. 99-240, 99 Stat. 1842 (42 U.S.C. 2021b et seq.). SOURCE: 27 FR 377, Jan. 13, 1962, unless otherwise noted. EDITORIAL NOTE: For nomenclature changes to this part, see 45 FR 14200, Mar. 5, 1980.

2.

In§ 2.104, paragraph (b)(2) is revised to read as follows: § 2.104 Notice of hearing. (b) * (2) That, if the proceeding is not a contested proceeding, the presiding officer will determine (i) without conducting a de novo evaluation of the ' 10

application, whether the application and the record of the proceeding contain. sufficient *;nformation, and the review of application by the Commission 1s staff

has been adequate* to su.pport *affirmative findings on (b)(l) (i) through {iii) specified in this section and a negative finding on (b){l)(iv) specified in this section proposed to be made and the issuance of the construction pennit proposed by the Director of Nuclear Reactor Regulation or Director of Nuclear Material. Safety and *Safeguar~s, as appropriate, and (ii) if the application is for a construction_permit for a nuclear power reactor, a testing facility,' a fuel orocessing plant, a uranium enrichment facility, or other facility whose construction or operation has been detennined by the COlllllission to have a significant impact on the environment, whether the review conducted by. the Commission pursuant to the National Environmental Policy Act (N.EPA) has been adequate.

PART.40--DOMESTIC LICENSING OF SOURCE MATERIAL

3.

The authority citation for Part 40* is revised to read as follows:* AUTHORITY: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. lle(2), 83, 84, Pub. L. 95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.~. 2014(e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236; 2282); sec. 274, Pub. L. 86-373, 73 Stat. 688 (42 U.S.C. 20*21); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842,

5846;; sec. 275, 92 Stat. 3021, as amended by Pub. L. 97-415, 96 Stat. 2067 {42 U.S.C. 2022); sec~ 193, 104 Stdt. 2835 (42 U.S.C. 2243).

Section 40.7 also issued under Pub. L.,95-601, sec. 10, 92 Stat*. 2951 {42 U.S.C. 5851). Section 40.31(9) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 40.46 also issued under sec. 184, 68 Stat. *954, as amended (42 U.S.C. 2234). Section 40.71 also iss~ed under sec. 187, 68 Stat. 955 (42 u.s.c: 2237). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273)_; §§ 40.3, 40.7{g), 40.25(d)(l)-(3), 40.35(a)-(d) and (f), 40.41(b) and (c), 40.46, 40.Sl(a) and (c), and 40.63 are issued under sec. 161b, 1611, and 1610, 68 Stat. 948, 949, and 950, as amended (42 U.S.C. 220l(b), 2201(i), and 2201(0),); and§§ 40.5, 40.9, 40.25(c), (d)(3), and (4), 40.26(c)(2), 40.35(e), 40.42, 40.61, 40.62, 40.64, and 40.65 are issued under sec. 1610, 68 Stat. 950, as amended (42 u.s.c. 2201(0)).

4.

In § 40.4, the term "Uranium Enrichment Facility" is added to read as follows: § 40.4. Definitions. Uranium enrichment facility means: (1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or 12

(2) Any ~quipment or device, or important component part especially designed for such equipment or device, capable of separating the iso.topes of uranium or enriching uranium in the isotope 235.

5.

Section 40.5 is amended by adding paragraph (b)(l)(vi) to read as follows: § 40.5 ColTiTlunications. (b) (1) * (vi) Uranium enrichment facilities.

6.

Section 40.31 is amended by adding paragraphs (k) and (1) to read as follows: § 40.31 Applications for specific licenses. 13

(k) A license application for a uranium enri,chment facility must be accompanied by an Environmental Report required under Subpart A of Part 51 of, this chapter. (1) A license application that involves the use of source material in a uranium enrichment facility must include the applicant's provisions for public ltability insurance.

7.

Section 40.32 is amended by revising paragraph (e) and-adding

paragraph {g) to read as follows:

§ 40.32 General requirements for issuance of specific licenses. { e) In the *case of an application for a license for a uranium enrichment fadlity, or for a license to possess and use source and byproduct material for uranium mil 1 ing, production of uranium hexafluoride, or for the conduct of any other activity which the Commission determines will significantly affect the quality of the environment, the Director of Nuclear Material Safety and Safeguards or -his desig.nee, before commencement of construction of the plant or facility in which the activity will be conducted, on the basis of information filed and evaluations made pursuant to Subpart A of Part 51 of this chapter, has concluded, after weighing the environmental, economic, technical and other

benefits against environmental CQsts and considering available _alternatives, that the action called for is the issuance of the proposed license, with any 14

~ppropriate cond.itions.to protect environmental values. Commencement of construction prior t9 this conclusion is grounds for denial of.a license to poss,ess and use source dnd byproduct material in such plant or.facility. As used in this* pdragraph, the term 11 commencement of construction 11 means any. clearing of land, excavation, or other substantial action that would adversely affect the ~nvir6nment of*a.sit~. The tenn does. not mean site exploration, l roads necessary for*site exploration, borings to determine foundation . con~itions, or o~her preconstruction monitoring or testing to establish

- '. background infonnation related to the suitability of the site or the protection of environmental values.

(g) Where the proposed activit:Y inv_olves use of source material in a ur~n~u.m enrichment facility, the applicable provisions of Part 140 of this chapter have been satisfied.

8.

A *new§ 40.33 is added to read as follows: § 40.33 Issuance of a license for a uranium enric_hment facility. (a) The Commission will hold a hearing pursuant t~ 10 CFR Part 2~ Subparts A, G and I, on each application with regard to the licensing of the construction and operation of a uranium enrichment faci 1 ity. The Commi'ss ion will publish public,notice of the hearing in-the Federal.Register at least 30, ) days before the hearing. ; r r )

( b ). A license for a uranium enrichment facility*may not be issued before

the hearing is completed and a decision issued on the*application.

9.

Section 40.41 is amended ~Y adding paragraph (g) to read,as follows: § 40.41 Terms and conditions of licenses. {g) No person shall commence operation of a uranium enrichment facility until. the Commi$Sion verifies through inspection that the facility has been. constructed in accordance with the requirements of the license. The Corrmission shall publish notice of the inspection results in the Federal Register.

10.

In § 40.65, the introductory text of *paragraph (a) is revised to read as follows: § 40.65 Effluent monitoring reporting requirements. (a) Each licensee authorized to possess and us,e source material in uranium milling, in production of uranium hexafluoride, or in a uranium enrichment facility shall: 16

) PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES d

11.

The authority citation for Part 50 continues to read as follo~s: 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. 936, 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 43j2). 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 ~0.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 223~). Sections 50.33a, 50.55a and Appendix Q also issued under *sec. 102, 'Pub. L. 91-190, 83 Stat. 853 {42 ~.S.C. 4332). Secti~ns 50.34 and 50.54 also issued,under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). 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 - I 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).

For the purposes of sec. 223, '68 Stat. 958, as amended (42 U.S.C. 2273);

§§. 50.46(c1) and (b), and 50.54(c) are issued under sec. 161b, 68 Stat.,948, as amended (42 U.S.C. 2201(b)); §~ 50.7(a), 50.lO(a)-(c), 50.34(a) and (e), -50.44(a)-(c), 50.46(a) and (b), 50.47(b), 50.48(a), (c), (d), *and (e), 50.49(a), 50.5~(a), (i), (i)(l), (1)-(n), (p), {q), (t), (v), and {y), 17

50.55(f), 50.~~a(a), (c)-(e), (g), and (hY, 50.59(c), 50.60(a), 50.62(c), 50.64(b), and 50.BO(a) and (b) are fssued under sec. 1611, 68 Stat. 949, as amended (4i U.S.C. 2201(1)); and§§ 50.49(d), (h), and (j}~ 50.54(w), (z), (bb), (cc), and (dd), 50.55(e), 50.59(b), 50.6l(b), 50.62(b), 50.70(a), 50:71(a)-(c) and (e), 50.72(a), 50.73(a) and (b), 50.74, 50.78, and 50.90 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(0)).

12.

In § 50.2, paragraph (2) of the term "Production Facility 11 is revised to read as follows: § 5Q.2 Definitions. As used in this part, Production facility means: (2) Any facility designed or used for the separation of the isotopes of plutonium, except laboratory scale faailities designed or used for experimental or analytical purpos~s only; or 18

13.

In §~50.33a, paragraph (e) is revised to read as follows: § 50.33a Information requested by the Attorney General for antitrust review. ' (e) Any person who applies for a class 103 construction permit for a fuel reprocessing plant shall submit such information as may be requested by the Attorney General for antitrust review, as a separate document, as soon as possible and in accordance with§ 2.101 of this chapter. PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS

14.

The authority citation for Part 51 is revised to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); 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. 853-854, 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, 51.61, 51.80, and 51.97, also issued under secs *.135, 141 Pub. L. 97-425, 96 Stat. 19

2232, 2241, and sec. 148, Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10f68). 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)." Secs. 51.43, 51.67, and 51.109 also issued under.Nuclear Waste Policy Act of 1982, sec. 114(f), 96 Stat. 2216, as amended (42 U.S.C. 10134(f)).

15.

In § 51.14, the term "Uranium enrichment facility" is added to read as follows: § 51.14 Definitions. (a) As used in this subpart, 'Uranium enrichment fac1lity means: (1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except* laboratory sea 1 e f aci 1 ities designed or used for experimental or an~lytical purposes only; or (2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 2.35. 20

16.. Section 51.20 is amended' by. adding paragraph (b)(lO) to read* as fol fows: § 51.*20 Criteria for and identification of licensing and regulatory actions requiring environm'entaL impact statements. . ( b) * (10) Issuance of a license for a uran,ium enrichment facility.

17.

Section 51.60 follows: § 51,. 60 Environmental (b) * (1)' * . ' amended by adding paragraph ( b )( 1 )( V i i* ) 1S report - materials licenses. to read ,. (vii) Construction and operation of a uranium enrichment facility. as

18.

Sectio.n 51.97 is amended by adding paragraph (_c) to read as follows:* 21 (.

j

§ 51.97. Fina] environmental impact statement - materials license. (c) Uranium enricnment facility. As provided in Section 5(e) of the Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990 (104 Stat. 2834 at 2835,*42 U.S.C. 2243), a final environmental impact statement must be prepared before the hearing on the issuance of a license for a uranium

e enrichment facility is completed.

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

19.

The authority citation for Part 70 is revised to read as follows: AUTHORITY: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846); sec. 193, 104 Stat. 2835 (42 U.S.C. 2243). Sections 70.l(c) and 70.20a(b) also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 70.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152)~ Section 70.31 also issued under sec. 57d, Pub. L. 93-377, 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36 and 70.44 also issued under sec. 184, 68 Stat. 954, as 22

amended (42 U.§.C. 2234). Section 70.61 also issued under secs. 186,. 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued unaer sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); §§ 70.3, 70.7(g), 70.19(c), 70.21(c), 70.22(a), (b), (d)-(k), 70.24(a). and (b), 70.32(a)(3), (5), (6), (d), and (i), 70.36, 70.39(b) and (c), 70.41(a), 70.42(a) and (c), 70.56, 70.57(b), (c), and (d), 70.58(a)-(g)(3), and (h)-(j) are issued under sec. 161b, 161i, and 1610, 68 Stat. 948, 949, and 950, as amend~d (42 U.S.C. 2201(b), 2201(;), and 2201(0)); §§ 70.7, 70.20a(a) and (d), 70.20b(c) and (e), 70.21(c), 70.24(b), 70.32(a)(6), (c), (d), (e), and (g), 70.36, 70.51(c)-(g), 70.56, 70.57(b) and (d), and 70.58 (a)-(g)(3) and (h)-(j) are issued under sec. 161i, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and §§ 70.5, 70.9, 70.20b(d) and (e), 70.38, 70.5l(b) and (i), 70.52, 70.53, 70.54, 70.55, 70.58(g)(4), (k), and (1), 70.59, and 70.60(b) and (c) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(0)).

20.

In§ 70.4, the term "Uranium enrichment facility" is added to read as follows: § 70.4 Definitions. Uranium enrichment facility means: (1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or 23'

(2) Any ~quipment or device, or important component part especially desig~ed for such equipment or device, capabl~ of separa,ting the isotopes of uranium or enriching uranium in the isotope 235. ' ~

21.

Section 70.5 is amended by adding paragraph (b)(l)(vii) to read as fo l'lows: § 70.5 Co111T1unications. ( b) * (1) * (vii) Uranium Enrichment Facility.

22.

'In § 70.8, paragraph (b) is revised to read a.s follows: § 70.8 Information collection requirements: 0MB approval. (b) The approved information collection requirements contained in this part appedr in§§ 70.19, 70.20a, 70.20b, 70.21, 70.22, 70.24, 70.25, 70.32, 70.33*, 70.34, 70.38, 70.39, 70.51, 70.52, 70.53,,70.57, 70.58, 70.59, and 70.60,.' 24

23 *. Section 70.21 is amended by revising paragraph (a)(l) and _adding paragraph {h) to read as follows: § 70.21. Filing. (a)(l) A person may apply for a 11cense to possess and use special nuclear material in 1a plutonium processing or fuel fabrication plant, or for a uranium enrichment facility license by filing 25 copies of the application with the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. (h) A license application for a uranium enrichment facility must be accompanied by an Environmental Report required under Subpart* A of Part 51 of this chapter.

24.

Section 70.22 is amended by adding paragraph (m) to read as follows: § 70.22 Contents. of applications. . (m) A license application that involves the use of special nuclear material in a uranium enrichment facility must include the applicant's provisions for public liability insurance. 25

25.

Section 70.23 is amended by revising paragraphs (a)(7) and (a)(ll)

and by adding paragraph (a)(12) to read as follows:

§ 70.23 Requirements for the approval of applications. (a) * (7) Where the*proposed activity is processing and fuel fabrication, scrap recovery, conversion of uranium hexaflu~ride, uranium enrichment facility construction and operdtion, or any other activity which the Commission determines will significantly affect the quality of the environment, the Director of Nuclear Material Sdfety and Safeguards or his designee, before commencement of construction of the plant or facility in which the activity will be conducted, on the basis of information filed and evaluations made pursuant to Subpart A of Part 51 of this chapter, has concluded, dfter weighing the environmental, economic, technical, and other benefits against eniironmental costs and considering available alternattve~, that the action called for is the issuance of the proposed license, with any appropriate conditions to protect environmental values. Conmencement of construction prior - to this conclusion *is grounds* for -denial to possess and use special nuclear material in such plant or facility. As used in this paragraph, the term 11 corrmencement of construction 11 means any clearing of, land, excavation, or other substantial action that would adversely affect the environme_nt of a site. The term does not mean site exploration, roads necessary for site exploration, borings to determine foundation conditions, or other preconstruction monitoring or testing to establish background information related to the suitability of I the site or the protection of environmental 1values. 26

~ '

( 11), Where the proposed activity i~ processing and fuel fahrication, . ~ '". I scrap recovery, conversion of uranium hexafluoride, o~ involves. the use o1 special nuclear.material _in a uranium enrichment facility, the applicant's* proposed emergency plan is adequate. _(12) Where the* proposed activ.i~y: is use of special nuclear material in a. uranium enrichlJ!fnt facility,' the applicable provisions of Part i4o of this e, chapter have be~n satisfied;

26.

A new§ 70.23a is added to read as follows:

§ 70.23a Hearing required for uranium enrichment facility. i The Convnission will hold a hearing under 10 CFR Part 2, Su~parts A, G, and _i, on each application for issuance of a license for construction and operati~n ota-ur*an1um enrichment facility *. The Coiimfssion-will publish public* notice of the hearing in the Federal Register at least 30 days before the hearing.

27.

Section 70.25 is amended by revising paragraph (a) to read *as

follows:

§ 70.25 Finan'cial*assurance and recordkeepfog for decommissioning. (a) Each applicant for a specific license of the types enumerated,in paragraphs (,.a)(l) and (.2).~f this section shall ~ubmit a decommissioning. fundin~ plan as ~escribed in paragraph(~) of.this section. 27

(1) A specific license for a uranium enrich~ent facility;* ~ (2) A specific license authorizing the possession and use of unsealed

special nuclear material in quantities exceeding 105 times the applicable l

quantities set forth in Appendix C to§§ 20.1 - 20.601 of 10 CFR Part 20. A decommissioning funding plan must also be submitted when a combination of isotopes is involved if R divided by 105 is greater than 1 (unity rule), where R is the sum of the-ratios of the quantity of each isotope to the applicable value in Appendix C to§§ 20.1 - 20.601 of 10 CFR Part 20.

28. Section 70.31 is amended by adding paragraph. (e) to*read as follows:

§ 70.3i' Issuance of licenses. (e) No license to construct and operate a uranium enrichment facility shall be issued until a hearing pursuant to 10 CFR Part 2, Subparts G and I, is completed and a decision issued on the application.

29.

Section 70.32 is amended by adding paragraph (k) to read as follows: § 70.32 Conditions of licenses. 28

( k). No person shall corrmence operation of a uranium enrichment faci.lity until the Con1T1ission verifies _through inspection that the facility has been. constructed in accordance with the requirements of the 11cen~e. The Commission shall publish notic~ of the inspection results in the Federal Register.

30.

Section 70.59 is amended by revising the introductory text of paragraph (a) to read as follows: § 70.59 Effluent monitoring reporting requirements. (a) Each licensee authorized to possess and use specia'l nuclear material for processing and fuel* fabrication, scrap recovery, conversion of uranium hexafluoride, or in a uranium enrichment facility shall: PART 75--SAFEGUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF US/IAEA AGREEMENT *

31.

The authority citation for Part 75 is revised to read as follows: AUTHORITY: Secs. 53, 63, 103, 104, 122, 161, 68 Stat. 930, 932, 936, 937, 939, 948, ~~ amended (42 U.S.C. 2073, 2093, 2133, 2134, 2152, 2201); 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). 29

Sec.tion 7_?.4 also issued under secs. 135, 141, Pub. L.'97-425, 96 Stat.

2232, 2241 (42 u.s.c. 10155, 10161).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); the provisions of this part are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(0)).

32.

In § 75.4, paragraph (k)(6) is added to read as follows: § 75.4 Definitions. ( k) * (6) Any facility used for s~parating the isotopes of uranium or enriching* uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235. PART 11O--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

33.

The authority citation for Part 110 is revised to read as follows: 30

AUTl:IORITY: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104, 109, 111, 126, 127, 128, 129, 161, 181., 182, 183, 187, 189, 68 Stat. 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 Stdt. 2835 (42 U.S.C 2243). s~ction 110.l(b)(2) 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 110.30-110.35 also issued under 5 U.S.C. 553. For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C~ 2273); §§ 110.20-110.29, 110.50, and )10.120-110.12~ also ~ssued under secs. 161b and i, 68 Stat. 948, 949, as amended (42 U.S.C. 2201(b) and (i)); and §§ 110.7a and 110.53 also issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(0)).

34.

In § 110.2, the term 11 Uranium enrichment facility 11 is added to read as follows: § 110.2 Definitions. 31

Uranium e~richment facility means: (1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or (2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235.

35.

Section 110.9 is amended by adding paragraph (e) to read as follows: § 110.9 List of nuclear equipment and material under NRC import licensing authority. (e) Uranium enrichment facilities. PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS

36.

The authority citation for Part 140 is revised to read as follows: 32

AUTHORITY: .Secs.- 161, 170, 68 Stat. 948, 71 Stat.,576, as amended (42-I U.S.C. 2201, 2210); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 ,,2 u.s.c. 5841~~5842). Section 140.13b is issued under Section 193(d) 104 Stat. 2835 (42 U.S.C *. '2?43). For the purposes of sec. 223, 68 Stat.*958, as amended (42 U.S.C. 2273);' -* §§ 140.ll(a)', 140.12(a),' 140.13, and 140.13a are issued under se~. 161b, 68' Stiit. 948, as amended (42 U.S.C. 2201(b));* and§ 140.6 is issued under sec. 1610, 68 Stat. 950, as ~mended (42 U.S.C. 2201(0)). *

37.

Section 140.1 is amended to read as follow: . *-§. *140.1 Purpose. -The regulations in'*this part are issued to provide appropriate procedures

and requirem,ents for determining,:

(a) The financial protection required of licensees and for the indemnification and limitation of liability*of certain licensees.and other persons 'pursuant to section 170 of the Atomic Energy**Act of 1954 (68 Stat. 919), as amended; and (b)

Th,e financial *protection required of uranium enrichment facil'ity j

li~e~sees pursuant to s~ctibn 193 of the Atomic Energy Act. of*1954 (88 Stat. 919), as amended. 33 \\ ' '

38.

Sec~jon 140.2 is amended b~ adding paragraph (a)(4) to ~ead as follows~ § 140

2 Scope.

(a) The regulations in this part apply e (4) To each person licensed pursuant to Parts 40 and 70 of this*chapter to construct and operate a uranium enrichment facility.

39.

Section 140.3 is amended by adding a new paragraph (m) to read as fol lows: § 140.3 Definitions. As used in this part: .(m) Uranium enrichment faci-lity means: (1) Any facility used for separating the isotopes of uranium or enriching uran-ium in the isotope 235; except laboratory sea le facilities designed or used for experimental or analytical purposes only; or

(.2)

Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching urani~m in the isotope 235. 34

40. In§ 140.9a, paragraph (b) is revised to read as follows:,

§ 140.9a. Information collection requirements: 0MB app~va1. * (b)' The approved information collection requirements contained in this part appear in§§ 140.6, 140.7, 140.13b, 140.15, 140.li,, 140.20, 140.21 and

---140.22. [49 FR 19629, May 9, 1984]

e

41.

A new§ 140.13b is added to*read as follows: § 140.13b Amount of financia1 protection required for uranium enrichment faci l it1es. Each holder of a license i.ssued under Parts 40 or 70 of 'this chapter for a uranium enrichment facility that involves the use of source material or special .nuclear material is required to have and maintain f1n~ncial protection in the form of liabi1ity insurance. Such liability-insurance must be-the -type and in the amounts the Corrmission considers appropriate to cover liability claims - arising ovt of any occurrence within the United-States that causes, within or* outside the United States, bodily injury, sickness, disease, death, loss of or damage to property, or, loss of use of property arising out of or resulting from the rad1oactive, toxic, explosive, or other h~zardous properties of cnemical compounds containing source material or,special nuclear material. Proof of financial protection must be filed with the Commission as required by§ 140.15 before issuance of a license for a uranium eprichment facility under Parts 40 and 70.of this chapter *. 35

PART~i50--EXEMPTIONS AND CON1INUED*REGULAT0RY AUTHORITY IN AGREEMENr STATES AND IN OFFSHORE WATERS UNDER SECTION 274 I

42.

The authority citation for Part 150 is revised to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 274, 73 Stat. 688 (42 u.s*.c. 2201, 2021); *sec. 201, 88 Stat. 1242, as amended (42 u.s.c. 5841); sec. 5, Pu~. L. 101-575,' 104 Stat. 2835 (42 U.S.C. 2243). Sections 150.3, 150.15, 150.15a, 150.31,* 150.32 also issued under secs. lle(2.), Bl~ 68 Stat. 923, 935, as amended, secs. 83, 84, 92 Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). Section 150.14 also issued under sec. 53, 68 Stat. 930, as amended (42 U.S.C. 2073). s'ection 150.15 also issued under*.' secs. 135, 141, Pub. L. 97-425, 96 Stat. 2?32, 2241 (42 U.S.C. 10155, 10161); Section 1_50.17a also issued under sec. 122, 68 Stat. 939* (42 U.S.C. 2152). Section 150.30 also issued under sec. 234, 83 Stat. 444 (42.U.S.C. 2282}.

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);.

§§ 150.20(b)(2)-(4) and 150.21 are *fssued under sec-. 161b, 68 Stat. 948, as amended (42 U.S~C. 2201(b)); § 150.14 is issued unde~ sec. 161i, 68 Stat. 949, -as a~nde*d (42 U.S~C. 2201(;)); and§§ 150.16-150.19 and 150.20(b)(l)**are issued under sec. 1610, 68 Stat. 950, as aine.nded (42 U.S.C. 2201(0)).

43.

In § 150.3, paragraph (h) is revised and paragraph (m).is added to I read as follows: § 150.3 Definitions.* 36 . I

( h). 11 Prot;luction f acil i ty 11 means: (1) Any equipment or device determined by rule of the Commission to be capable of the production of special nuclear material in such quantity as to be of s~gnificance to the colllTIOn defense and security, or in such manner as to ~ affect the health and safety of the public, including a uranium enrichment facility; or (2) Any important component part especially designed for such equipment or device as determined by the CoITITiission. (m) "Uranium enrichment faci11ty 11 means: (1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope,235, except laboratory scale facilities designed or used for experimental or analytical purposes only;* or (2) Any equipment or device, or important component part especially ~ designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235. PART 170--FEES FOR FACILITIES AND MATERIALS LICENSES AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED

44.

The authority citation for Part 170 continues to read as follows: 37

AUTHORITY: 31 U.S.C. 9701, 96 Stat. 1051; sec. 301, Pub. L. 92-314, 86 . Stat. 222 (42 U.S.C. 2201w); sec. 201, 88 Sta~. 1242, as amended (42 U.S.C. 5841). 45~ In§ 170.3, paragraph (2) of the term production facility is revised ,.an-d a new term "Uranium enrichment facility" is added to read as follows: § 170.3 Definitions. Production facility means: (2) Any facility designea or used for the separation of the isotopes of plutonium, except laboratory scale facilities designed or use~ for experimental or analytical purposes only; or Uranium enrichment facility means: (I') Any facility used for separating the isotopes of uranium or enriching uranium in the isotope' 235, except laboratory sea le facilities designed or used for* experimenta.l or ana lyt i cal purposes* only; or 38

(2) Any ~quipment or device, or important component part especially designed for such equipment or device, capabl~ of separatin~ the isotopes of uranium or enriching uranium in the isotope 235. § 170.21 [Amended]

46.

In § 170.21, the table "Schedule of Facility Fees" is amended by removing and* reserving Category E, Uranium Enrichment Plant.

47.

In§ 170.31, the tabie "Schedule of Materials Fees 11 is revised by adding lE to reid as follows: ( § 170.31 Schedule of fees for materials licenses and other regula~ory servi.ces, including inspections and import. and export licenses. I ' 1' - 39

SCHEDULE OF MATERIALS FEES (See footnotes at the end of table) Category of materials licenses and type of fees!/

1.

Special nuclear material:
E.

Licenses for construction and operation of a uranium enrichment fdcility. Application.**.***. License, Renewal, Amendment Inspection: Routine.*.*** Nonroutine..*.*** $125,000 Full Cost Full Cost Full Cost !/Types of fees - Separate charges as shown in the schedule will be assessed for preapplication consultations and reviews, applications for new licenses and approvals, issuance of new licenses and approvals, amendments and renewals to existing licenses and approvals, safety evaluations of sealed sources.and devices, and inspections. The following guidelines apply to these charges: (a) Application fees - Applications for new materials licenses dnd approvals; applications to reinstate expired licenses and approvals except those subject to fees assessed at full cost; and applications filed by Agreement State licensees to register under the general license provisions of 40

10 CFR 150.20, must be accompanied by the prescribed application fee for-each category, except that: 1) appl icatfon~ for l_icenses covering more than one fee category of special nuclear material or source material must be accompanied by the prescribed application fee for the highest fee*category; and 2) applications for licenses under fee Category lE must be accompanied by an application fee of $125,000., (b) License/approval/review fees - Fees for applications for new licenses and: approval~ and for preapplication consultations and reviews subject to full

- cost fees (fee Categories IA, 18, lE, 2A, 4A, 58, lOA, 11, 12, 13A, and 14) are due upon notification by the CoITlllission in accordance with§ 170.12(b), (e),

and ( f). (c) Renewal/reapproval fees - Applications for renewal of licenses and approvals must be accompanied by the prescribed renewal fee for each category, except that fees for applications for renewal of licenses and approvals subject to full cost fees (fee Categories lA, 1B, 2A, 4A, 58, lOA, 11, 12, 13A, and

14) are due upon notification by the Commission in accordance with§ 170.12(d).

(d) Amendment fees - (1) Applications for amendments to licenses and approvals, except those subject to fees assessed at full ~ost, must be accompanied by the prescribed amendment fee for each license affected. An application for an amendment to a license or approval classified in more than one fee category must be accompanied by the prescribed amendment fee for the category affected by the amendment unless the amendment is applicable to two or more fee categories, in which case the amendment fee for the highest fee category applies. For those licenses and approvals subject to full co*sts (fee Categorie5 lAi 18; lE, 2A, 4A, 58, lOA, 11, 12, 13A, and 14), amendment fees are due upon notification by the Commission in accordance with§ 170.12(c).

(2) An application for amendment to a'materials license or approval that would 41

place the license or approval in a higher fee category or add a new fee category* must be accompanied by the prescribed application fee for the new category. (3) An application for amendment to a license or approval that would reduce the scope of a licensee 1s program to a lower fee category must be accompanied by the prescribed amendment fee for the lower fee category. (4) Applications to terminate licenses authorizing small materials programs, when no dismantling or decontamination procedures are required, are not subject to fees. ( e) Inspection fees - Separate charg'es wi 11 be assessed for each routine and nonroutine inspection. performed, including inspections conducted by the NRC of Agreement State licensees who conduct activities in non-Agreement States under the reciprocity provisions of 10 'CFR 150.20. Inspections resulting from investigations conduc~ed by the Office of Investigations* and nonroutine inspections that result from third-P,arty allegations are not subject to fees. If a license~ holds more than one materials licen~e at a single location, a fee equal to the highest fee category covered by the licenses will be assessed if the inspections are conducted at the same time, unless the inspection fees are* oased on the full cost to conduct the inspection. The fees asse*ssed at full

cost will be determined based on the professional staff time requir~d to conduct the inspection multiplied by the rate established under§ 170.20 to which any applicable contractual support services costs incurred will be added.

Licenses c*overing more than one category will be cha.rged a fee equal to ~he hignest fee category* covered by the license *. Inspection fees* are due upon , notification by the ColTITiission in accordance with§ 170.12(g). Se~ Footnote 5 for other inspection notes. '?:_/Fees will not be charged for orders issued by the Co111111ssion pursuant to 10 CFR 1 2.204 nor~ for amendments resulting specifically from such Commission 42

orders. However, fees will be charged for approvals issued pursuant to a specific exemption provision of the Commission's regulations under Title 10 of the Code of Federal Regulations (e.g.,§§ 30.11, 40.14, 70.14, 73.5, and any other sections now or hereafter in effect) regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form. In addition to the fee shown, an applicant may be , assessed an additional fee for sealed source and device evaluations as shown in Category 9A through 9D

11Full cost fees will be determined based on the professional staff time and appropriate contractual support services expended.

For those applications currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the review .of the application up to the effective date of this rule will be determined at the professional rates established for the June 20, 1984, January 30, 1989, and July 2, 1990, rules, as appropriate. For those applications currently on file-for which rev~ew costs have reached an applicable fee ceiling established by the June 20, 1984, and July 2, 1990 rules, but are still pending completion of the review, the cost incurred after any applicable ceiling was reached through January 29, 1989, will not be billed to the applicant. Any professional staff-hours expended above those ceilings on or after January 30, 1989, will be assessed at the applicable rates established by§ 170.20, as appropriate, except for topical reports whose costs exceed $50,000. Costs which exceed $50,000 for each topical report, amendment, revision or supplement to a topical report completed or under review from January 30, 1989, to the effective aate of this rule will not be billed to the dpplicant. Any professional hours expended on 43

or after the effective date of this rule will be assessed at the rate established in§ 170.20. In no event will the total review costs be less than twice the hourly rate shown in§ 170.20. Dated at Rockville, Maryland, this qt<-- day of ~T::, 1991. Regulatory ColTlllission

44}}

ML23151A530

Text

REFERENCE:

SUMMARY

Background

Dear Mr. Chilk:

Dear Mr. Chilk:

SUMMARY

Background

Navigation menu

Search