ML23156A622

PR-115 - 31FR00017 - Procedures for Review of Certain Nuclear Reactors Exempted from Licensing Requirements

ML23156A622
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Issue date:	01/04/1966
From:	Mccool W NRC/SECY
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PR-115, 31FR00017
Download: ML23156A622 (1)

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ADAMS Template: SECY-067 01/04/1966 PR-115-31FR00017-PROCEDURES FOR REVIEW OF CERTAIN NUCLEAR REACTORS EXEMPTED FROM LICENSING REQUIREMENTS PR-115 31FR00017 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

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DOCKET NUMBER PR PR0f~0SEl:LE

. "°".~j f 5 Rural Cooperatiue Power AssociatioM ~

-EL EPHONE 612-441 -1414 February 3, 1966 Secretary ELK RIVER, MINNESOTA 55330 "First with the Future" U.S. Atomic Energy Commission Washington, D. C.

20545

Dear Sir:

DOCKETED USAEC FEB TWX-612-960-0422 The proposed revision of paragraph (b) of § 115.3 changes the definition of "applicant" for the purpose of proceedings for operating authorizations from "the prime contractor for operation" to "the prime contractor which will operate the reactor for the Commission and the division, operations office or other designated unit of the Commission having programmatic r es ponsibility to construct and operate the reactor."

It would appear that defining the applicant as both the "operator" and the Commission operation office (which, in the case of the Elk River Reactor is the Rural Cooperative Power Association and the Chicago Operations Office) would result in undefined division of responsibility which could lead to uncertainty as to discharge of the obligations of the applicant in compliance and reporting in accordance with the requirements of the operating authori-zation.

True control and responsible operation can best be achieved when only one organization is designated as the applicant and in our estimation the "applicantl' for this case is best defined as the operator.

In particular, we consider it mandatory that the operator be totally responsible for reactor safety and immediately responsive to the requirements of the regu-latory agencies in this area.

We therefore respectfully request that the proposed revision to paragraph (b) of§ 115.3 be amended to read as follows:

(b)

"Applicant" means, in proceedings for construction authori-zations, the prime contractor for construction, the prime contractor which will operate the reactor for the Commission or the division, operations office or other designated unit of the Commission having programmatic responsibility for the con-tracts to construct and operate the reactor.

In proceedings

U.S. Atomic Energy Connnission February 3, 1966 Page 2 for operating authorizations, "applicant" means the prime contractor which will operate the reactor for the Commission or the division, operations office or other designated unit of the Connnission having programmatic responsibility for the contracts to construct and operate the reactor.

Sincerely yours, RURAL COOPERATIVE PCMER ASSOCIATION I~ £ 9/~'r@u)

Edward E. Wolter, General Manager

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ATOMIC ENERGY COMMI:SSION (10 CFR PART 115]

PROCEDURES !FOR REVIEW OF CERTAIN NUCLEAR REACTORS EXEM:TED FROM LICENSING REQUIREMENTS Des-fgnation of Applicants The Atomic Energy Commission has under consideration amendments of its Procea.ures for Review of Certain Nuclear Reactors Exempted from Licensing Requirements," Part 115, which would provide for participation in Part 115 proceedings by the appropriate diyision or operations office of the Com-mission having programmatic responsibility for reactors subject to Part 115 proceedings. Part 115 sets out the procedures for Commission review of safety considerations involved in the construction and operation of Commission-owned reactors which aTe not located at Commission installations and which will be I

operated as part of the power generation facilities of an electric utility system. The procedures parallel tbose of 10 CFR Part 50 which are applicable to the licensing of

.. privately-owned-reactbrs. Under the present.regulations in Part 115, the a_pplica~t is the prime contracto.r.. of the Commission

• responsible f.or the c~pstruction or operation*-0f the facility.

The proposed amendment~ would revise§ 115.3(b) to include, as applicant at tile const :r- :.,: ion authorization stage, in addition t;*U to the prime eomt:rae~.for eoostrueti-on and test operation, (a) the electric utili~y which will eventually operate the re-actor and (b) the opet~tions office or division of the Commission havihg progr~mmatic repponsibility for the contracts to construct and operate the facili~y. The proposed amendments would specify r.,

that at the operating ~uthorization stage, the applicants will be that electric utility and the appropriate Commission operations office or division.

All interested persons who desire to submit written comments or suggestions for consideration in connection with the proposed

.amendments should send them to the Secretary, United States Atomic Energy Commission, Washington, D. C. 20545, within 60 days after publication of this notice in the FEDERAL REGISTER.

1 Comments re-ceived after that period will be considered if it *ir practicable.

to do so, but assurance of consideration cannot be given except as to comments filed within the period specified.

ii.

1. Section ll5.2 ;is amended by revising the preamble ta read as follows:

§ 115.2 ScoEe.

This part ap~lies to any prime contractor of the Commission t o !the extent that such contractor proposes to c9nstruct or operate a nuclear reactor and to the diyision, operations office, or other designated unt t of the Commission which has pro-grammatic responsibility for the contracts to construct andl operate the nuclear reactor which ***

I

2.

Paragraph (b ); of § 115. 3 is amended to read as follows:

§ 115.3 Defi~itions.

(b)

"Applicant 11 means, in proceedings for construction authorizations, the prime contractor for construction, the prime contractor :which will operate the reactor for the Commi~sion and the division, operations office or other designated unit of the Commission having programmatic responsibility for the contracts to construct and operate the reactor.

In proceedings for operating authorizations, 11applicant" means the prime contractor which will operate the reactor for the Commiss i on and the division, operations office or other designated unit of the Commission having programmatic responsibility for the contracts to construct and operate tlhe reactor.

FOR THE A~~~C ~ID!RGY<CO~SSION Secr.etary