ML23153A093

PR-002, 015 - 57FR04152 - Revisions to Procedures to Issue Orders

ML23153A093
Person / Time
Issue date:	02/04/1992
From:	Taylor J NRC/EDO
To:
References
57FR04152, PR-002, PR-015
Download: ML23153A093 (1)

Text

ADAMS Template: SECY-067 DOCUMENT DATE: 02/04/1992 TITLE: PR-002, 015 - 57FR04152 - REVISIONS TO PROCEDURES TO ISSUE ORDERS CASE

REFERENCE:

PR-002, 015 57FR04152 KEYWORD: RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

STATUS OF RULEMAKING PROPOSED RULE: PR-002, 015 OPEN ITEM (Y/N) N RULE NAME: REVISIONS TO PROCEDURES TO ISSUE ORDERS PROPOSED RULE FED REG CITE: 57FR04152 PROPOSED RULE PUBLICATION DATE: 02/04/92 NUMBER OF COMMENTS:

ORIGINAL DATE FOR COMMENTS: I I EXTENSION DATE: I I FINAL RULE FED. REG. OXTE: 57FR04152 FINAL RULE PUBLICATION DATE: 02/04/92 NOTES ON SIGNED BY THE EDO AND PUBLISHED AS A FINAL RULE. FILE LOCATED ON P STATUS 1.

F RULE THE STAFF CONTACT OR VIEW THE RULEMAICING HISTORY PRESS PAGE DOWN KEY HISTORY OF THE RULE PART AFFECTED: PR-002, 015 RULE TITLE: .EVISIONS TO PROCEDURES TO ISSUE ORDERS

.OPOSED RULE PROPOSED RULE DATE PROPOSED RULE SECY PAPER: SRM DATE: I I SIGNED BY SECRETARY: 01/17/92 FINAL RULE FINAL RULE DATE FINAL RULE SECY PAPER: SRM DATE: I I SIGNED BY SECRETARY: 01/17/92 STAFF CONTACTS ON THE RULE CONTACTl: MARYE. WAGNER MAIL STOP: P-1042 PHONE: 492-4976 CONTACT2: MAIL STOP: PHONE:

DOCKET NO. PR-002, 015 (57FR04152)

In the Matter of REVISIONS TO PROCEDURES TO ISSUE ORDERS DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT

- 03/04/92 01 / 17/92 SIGNED BY THE EDO AND PUBLISHED AS A FINAL RULE .

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USHRC NUCLEAR REGULATORY . COMMISSION 10 CFR PARTS 2 and 15 *92 t\;R -4 p 5 *., 3 RIN 3150-AE14 r \-

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Revisions to Procedures to Issue tlb'rde:rs w_:1~

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations to conform several sections in 10 CFR Parts 2 and 15 to the changes in Part 2 contained in the final rule "Revisions to Procedures to Issue Orders; Deliberate Misconduct by Unlicensed Persons," which was effective September 16, 1991 (56 FR 4067 8; August 15 , 1991) .

EFFECTIVE DATE: FEB 4 1992 FOR FURTHER INFORMATION CONTACT: Mary E. Wagner, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-4976.

SUPPLEMENTARY INFORMATION: The final rule, "Revisions to Procedures to Issue Orders; Deliberate Misconduct by Unlicensed Persons", 56 FR 40664 (August 15, 1991), contained revisions to 10 CFR Part 2 that, in part, removed the provisions on orders to show cause from the Commission's general ordering authority contained in§ 2.202, and substituted "order" for "order to show cause" in § 2.201. It also revised § 2. 202 to establish a

mechanism to issue orders both to licensees (as the previous rules had done) and to any person subject to the jurisdiction of the l

Commission, when necessary to protect public health and safety or to minimize danger to life or property or to protect the common defense and security.

There are a small number of sections in the Commission's regulations where conforming changes consistent with the new rule were not accomplished. Specifically, SS 2.702, 2.1201 and 15.29 continue to refer to an "order to show cause," although such an order is no longer specifically defined in new Subpart B,of 10 CFR Part 2. These sections have been revised so that "order" is substituted for "order to show cause", and "order for modification of license" is replaced by "order" in S 2.1201. A reference to "demand for information" is added*to S 15.29 to clarify that either an order or a demand for information may be issued before a suspension or revocation. Accordingly*, SS 2. 702, 2.1201, and

15. 29 are being revised to conform to the new rule that became effective on September 16, 1991.

Because this is an amendment dealing with agency prac~ice and procedures, the notice arid comment provisions of the Administrative Procedure Act do not apply pursuant to s.u.s.c. 553(b)(A). The amendment is effective upon publication in the Federal *Register.

Good cause exists to dispense with the usual 30-day delay in the effective date because the. amendment is of a minor and

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administrative nature consisting of conforming amendments to an existing procedural rule.

Environmental Impact: categorical Exclusion The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22(c) (2).

Therefore neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.

Paperwork Reduction Act statement This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980 (44 u.s.c. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget approval number 3150-0136.

Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this final rule, and therefore, that a backfit analysis is not required for this final rule, because this amendment does not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(l).

List of Subjects in 10 CFR Part 2

Administrative practice an~ 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.

List of Subjects in 10 CFR Part 15 Administrative practice and procedure, Debt collection.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 u.s.c. 552 and 553, the NRC is adopting the following amendments to 10 CFR Parte1 2 and 15.

PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS

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

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

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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. 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, (42 u.s.c. 2132, 2133, 2134, 2135, 2233, 2239).

issued under Pub. L.97-415, 96 Stat.

954, 2073 955, as (42 u.s.c.

amended Section 2.105 also 2239).

Sections 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, 88 stat 1246 (42 u.s.c. 5846). Sections 2.600-2.606 also issued under sec. 102, Pub. L.91-190, 8.3 Stat. 853, as amended (42 u.s.c.

4332}. Sections 2.700a, 2.719 also issued under 5 u.s.c. 554.

Section ~.754, 2.760, 2.770, 2.780 also issued under 5 u.s.c. 557.

Section 2.764 and Table 1A 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.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. 1.0154). 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. Section 2.702 is revised to read as follows:

S 2.702 Docket *

• The Secretary shall maintain a docket for each proceeding subject to this part, commencing with the issuance of the initial notice of hearing, notice of consideration of issuance of facility operating license or other proposed action specified in S 2.105, or order. The Secretary shall maintain all files and records, including the transcripts of testimony and exhibits and all papers, correspondence, decisions and orders filed or issued.

3. Section 2.1201, of Subpart L, is revised to read as follows:

S 2.1201 Scope of subpart.

(a) The general rules of this subpart govern procedure in any adjudication initiated by a request for a hearing in a proceeding for (1) The grant, transfer, renewal, or licensee-initiated amendment of a materials license subject to Parts 30, 32 through 35, 39, 40, or 70 of this chapter; or

(2) The grant, renewal, or licensee-initiated amendment of an operator or senior operator license subject to Part 55 of this chapter.

(b) Any adjudication regarding, (1) a materials license subject to Parts 30, 32 through 35, 39, 40,. or 70, or an operator or senior operator license subject to Part 55 that is initiated by a notice of hearing issued under S 2 .104, or (2) a notice of

• proposed action under S2 .105, or a request for hearing under subpart B of 10 CFR Part 2 on an order or a civil penalty, is to be conducted in accordance with the procedures set forth in Subpart G of 10 CFR Part 2.

PART 15 - DEBT COLLECTION PROCEDURES

4. The authority citation for

• Part 15 continues to read as follows:

AUTHORITY: secs. 161, 186, 68 stat. 948, 955, as amended (42 u.s.c. 2201, 2236); sec. 201, 88 Stat. 1242, as amended (42 u.s.c. 5841); sec. 3, Pub. L.89-508, 80 stat. 308, as amended (31 u.s.c. 3711, 3717, 3718); sec. 1, Pub. L.97-258, 96 Stat. 972 (31 u.s.c. 3713); sec. 5, Pub. L.89-508, 80 Stat. 308, as amended (31 U.S.C. 3716); Pub. L.97-365, 96 Sat. 1749 (31 U.S,C. 3719);

Federal Claims Collection Standards, 4 CFR 101-105.

5. Section 15.29 is revised to read as follows:

S 15.29 suspension or revocation of license.

The NRC may suspend or revoke any license or approval which the NRC has granted to the debtor for any inexcusable, prolonged, or repeated failure of the debtor to pay a delinquent debt. Before

• suspending or revoking any license or approval for failure to pay a debt, the NRC shall issue to the debtor (by either registered or certified mail) an order or a demand for information as to why the license or other privilege should not be suspended or revoked. The NRC shall allow the debtor no more than 30 days to pay the debt in full, including applicable interest, penalties, and administrative costs of collection of the delinquent debt. The NRC may suspend or revoke the license or approval at the end of this period. If a license is revoked under authority of this part, a new application, with appropriate fees, must be made to the NRC. The NRC may not consider an application unless all previous delinquent debts of the debtor to the NRC have been paid in full.

Dated at Rockville, Maryland, this 1992.

For the Nuclear Regulatory Commission.

I ctor for Operations.