NRC Generic Letter 1983-19
| ML031080511 | |
| Person / Time | |
|---|---|
| Issue date: | 05/02/1983 |
| From: | Eisenhut D Office of Nuclear Reactor Regulation |
| To: | |
| References | |
| GL-83-019, NUDOCS 8305020455 | |
| Download: ML031080511 (37) | |
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TO ALL POWER REACTOR AND TESTING FACILITY LICENSEES
SUBJECT: NEW PROCEDURES FOR PROVIDING PUBLIC NOTICE CONCERNING
ISSUANCE OF AMENDMENTS TO OPERATING LICENSES (GENERIC
LETTER 83-19_)
On April 6, 1983 the NRC issued interim final rules (48 FR 14864) that significantly Impact the way in which the licensee and the NRC staff process operating license amendments. The purpose of this letter is to highlight those requirements that directly affect licensees.
The changes to 10 CFR Parts 2 and 50 provide for:
o Definitive criteria for determining whether an application for license amendment involves a significant hazards consideration.
A new 10 CFR 50.92 provides the standards for making a *no signifi- cant hazards determination".
o A new 10 CFR 50.91 requires notice to the general public and to state officials concerning applications for license anendments.
Of particular interest is the provision for prior public notice of an opportunity for hearing and a thirty (30) day comment period for license amendments which involve *no significant hazards considerations.0 Also of Interest are standards for Issuance of license amendments involving 'no significant hazards consideration" under emergency or exigent situations.
Changes have also been made to 10 CFR 50.58 and 10 CFR 2.105 to reflect the new requirements for providing notice to the public and state officials.
We request that all power reactor and testing facility licensees review the recent changes to 10 C&R Parts 2 and 50 concerning 'significant hazards considerations" as these considerations impact prior notice to the general public and state officials. For your convenience, we have provided this material as Enclosure 1, herein. Enclosure 2 provides excerpts from the subject rule changes which represent requirements, on licensees.-for submittals of applications for operating license amendments.
Enclosure 3 provides a list of designated state representatives who must ,l be provided, by licensees, with copies of license amendment applications and associated analyses concerning significant hazards considerations, '
pursuant to 10 CFR 50.91(b)(1). -1 8305020455
If you have any questions concerning this subject, please contact C. Tramnell
(301-492-7389).
Sincerely, j stna. Ab signe Darrell G.RPienhut, Director Division of Licensing Enclosures:
As stated h_ CIT
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00 w} WASHINGTON, D. C. 20555 TO ALL POWER REACTOR AND TESTING FACILITY LICENSEES
SUBJECT: NEW PROCEDURES FOR PROVIDING PUBLIC NOTICE CONCERNING
ISSUANCE OF AMENDMENTS TO OPERATING LICENSES (GENERIC
LETTER 83-19_)
On April 6, 1983 the NRC issued interim final rules (48 FR 14864) that significantly impact the way in which the licensee and the NRC staff process operating license amendments. The purpose of this letter is to highlight those requirements that directly affect licensees.
The changes to 10 CFR Parts 2 and 50 provide for:
o Definitive criteria for determining whether an application for license amendment involves a significant hazards consideration.
A new 10 CFR 50.92 provides the standards for making a "no signifi- cant hazards determination".
o A new 10 CFR 50.91 requires notice to the general public and to state officials concerning applications for license amendments.
Of particular interest is the provision for prior public notice of an opportunity for hearing and a thirty (30) day comment period for license amendments which involve "no significant hazards considerations." Also of interest are standards for issuance of license amendments involving "no significant hazards consideration" under emergency or exigent situations.
Changes have also been made to 10 CFR 50.58 and 10 CFR 2.105 to reflect the new requirements for providing notice to the public and state officials.
We request that all power reactor and testing facility licensees review the recent changes to 10 CFR Parts 2 and 50 concerning "significant hazards considerations" as these considerations impact prior notice to the general public and state officials. For your convenience, we have provided this material as Enclosure 1, herein. Enclosure 2 provides excerpts from the subject rule changes which represent requirements, on licensees, for submittals of applications for operating license amendments.
Enclosure 3 provides a list of designated state representatives who must
,be provided, by licensees, with copies of license amendment applications and associated analyses concerning significant hazards considerations, pursuant to 10 CFR 50.91(b)(1). d-N
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8305020455
If you have any questions concerning this subject, please contact C. Trammell (301-492-7389).
Sincerely, Division o Licensing Enclosures:
As stated
Enclosure 3 State Designees Alabama Ira L. Myers, M.D., State Health Officer State Department of Public Health State Office Building Montgomery, Alabama 36130
Tel.: (205) 832-3120
Arkansas E. Frank Wilson, Director Division of Environmental Health Protection Department of Health
4815 West Markham Street Little Rock, Arkansas 72201 Tel.: (501) 661-2301 California Joseph 0. Ward, Chief Radiological Health Branch State Department of Health Services
714 P Street, Office Building #8 Sacramento, California 95814 Tel.: (916) 322-2073 Colorado Albert J. Hazle, Director Radiation Control Division Department of Health
4210 East 11th Avenue Denver, Colorado 80220
Tel.: (303) 320-8333, Ext. 6246 Connecticut Arthur Heubner, Director Radiation Control Unit Department of Environmental Protection State Office Building Hartford, Connecticut 06115 Tel.: (203) 566-5668 Florida Ulray Clark, Administrator Radiological Health Services Department of Health and Rehabilitative Services
1323 Winewood Blvd.
Tallahassee, Florida 32301 Tel.: (904) 487-1004
. -2- Georgia James G. Ledbetter, Commissioner Department of Human Resources
47 Trinity Avenue Atlanta, Georgia 30334 Tel.: (404) 656-5680
Illinois Mr. Gary N. Wright, Manager Nuclear Facility Safety Illinois Department of Nuclear Safety
1035 Outer Park Drive, 5th Floor Springfield, Illinois 62704 Tel.: (217) 546-8100
Iowa Thomas Houvenagle Regulatory Engineer Iowa Commerce Commission Lucas State Office Building Des Moines, Iowa 50319 Tel.: (515) 281-6592 Louisiana William H. Spell, Administrator Nuclear Energy Division Office of Environmental Affairs P.O. Box 14690
Baton Rouge, Louisiana 70898 Tel.: (504) 925-4518 Maine Wallace Hinckley, Manager Radiological Health Program Department of Human Services State House, Station 10
Augusta, Maine 04333 Tel.: (207) 289-3826 Maryland Robert Corcoran, Chief Division of Radiation Control Department of Health and Mental Hygiene
201 West Preston Street Baltimore, Maryland 21201 Tel.: (301) 383-2744
- 3 - Massachusetts Robert M. Hallisey, Director Radiation Control Program Massachusetts Department of Public Health
600 Washington Street, Room 770
Boston, Massachusetts 02111 Tel.: (617) 727-6214 Michigan Mr. Ronald Callen, Supervisor Advance Planning and Review Section Michigan Public Service Commission
6545 Mercantile Way P.O. Box 30221 Lansing, Michigan 48909 Tel.: (517) 373-8690
Minnesota John W. Fernian, Ph.D.
Nuclear Engineer Minnesota Pollution Control Agency
1935 W. County Road B2 Roseville, Minnesota 55113 Tel.: (612) 296-7276 Mississippi Alton B. Cobb, M.D., State Health Officer State Board of Health P.O. Box 1700
Jackson, Mississippi 39205 Tel.: (601) 354-6646 Nebraska H. Ellis Simmons, Director Division of Radiological Health Department of Health
301 Centennial Mall, South P.O. Box 95007 Lincoln, Nebraska 68509 Tel.: (402) 471-2168 New Jersey Frank Cosolito, Acting Chief Bureau of Radiation Protection Department of Environmental Protection
380 Scotch Road Trenton, New Jersey 08628 Tel.: (609)292-5586
-4- New York Jay Dunkleberger Division of Policy Analysis and Planning New York State Energy Office Agency Building 2, Empire State Plaza Albany, New York 12223 Tel.: (518) 474-2178 North Carolina Dayne H. Brown, Chief Radiation Protection Branch Division of Facility Services Department of Human Resources P.O. Box 12200
Raleigh, North Carolina 27605 Tel.: (919) 733-4283 Ohio Helen W. Evans, Director Division of Power Generation Ohio Department of Industrial Relations P.O. Box 825 Columbus, Ohio 43216 Tel.: (614) 466-2743 Oregon Donald W. Godard, Administrator Siting and Regulation Oregon Department of Energy Room 111, Labor and Industries Building Salem, Oregon 97310
Tel.: (503) 378-6469 Pennsylvania Thomas M. Gerusky, Director Bureau of Radiation Protection Pennsylvania Department of Environmental Resources P.O. Box 2063 Harrisburg, Pennsylvania 17120
Tel.: (717) 787-2480
South Carolina Heyward G. Shealy, Chief Bureau of Radiological Health South Carolina Department of Health and Environmental Control
2600 Bull Street Columbus, South Carolina 29201 Tel.: (803) 758-5548
- 5 - Tennessee Michael H. Mobley, Director Division of Radiological Health T.E.R.R.A. Building
150 9th Avenue North Nashville, Tennessee 37203 Tel.: (615) 741-7812 Vermont Richard Saudek, Commissioner Vermont Department of Public Service
120 State Street Montpelier, Vermont 05602 Tel.: (802) 828-2321 Virginia James B. Kenley, M.D., Commissioner Department of Health
109 Governor Street.
Richmond, Virginia 23219 Tel.: (804) 786-3561 Wisconsin Clarence Riederer, Chief Engineer Wisconsin Public Service Commission P.O. Box 7854 Madison, Wisconsin 53707 Tel.: (608) 266-1567
. ENCLOSURE 1
;. .
148t64 Federal Regsel Val. t8, No. 87 / Wednesday, April B.I083 / Rules and Regulations
10 CFR Part 50 amendments to operating licenses or Background conrstruction permits for facilities A.AffeedLegislation Reulationsand Standards for Determining Whether licensed under i 1 5I2D(b) or 5022 Ucense Amendments Involve No Proceuese jincluding testing facilities) Involve no Significant Hazards Consideratons- significant hazards considerations (item When the Atomic Energy Act of 195 AoENcr. Nuclear Regulatory (a) above) were published for comment (Act) was adopted In 1954. It contained Commission. in the Federal Register by the no provision which required a public ACTION: Interim final rule. Commission on March 28 19 0(45 FR hearing on issuance of a construction
20491). Since the Commission rarely permit or operating license for a nuclear suumr. Pursuant to Public law 07- Issues amendments to construction power reactor In the absence of a
415, NCR Is amending Its regulations to permits and has never issued a request from an interested person. In specify standards for determining construction permit amendmcent 1957, the Act was amended to require whether requested amendments to involving a significant hazards that mandatory hearings be held before operating licenses for certain nuclear consideration. It has decided not to Issuance of both a construction permit power reactors and testing facilities apply these standards to amendments to and an operating license for power involve no significant hazards construction permits and to handle these reactors and certain other facilities.
considerations. These standards will case-by-case. This Is in keeping with the amending I 65-258 Public Law (71 Stat. 5M) help NRC in its evaluations of these legislation which applies only to 1B9a. of the Act.
requests. Research reactors are not operating license amendments. The 1957 amendments to the Act were covered. However, the Commission is Additionally. these standards will not Interpreted by the Commission as reviewing the extent to which and the now be applied to research reactors. requiring a "mandatory hearing" before way such standards should be applied The Comnmission is currently reviewing Issuance of amendments to construction to research reactors. whether and how It should apply these permits and operating licenses. See. eS., EFFECTIVE OATE: May 1983. The or similar standards to research hearing Before the Subcommittee on Commission specifically requests reactors. In sum. the interim final rule Legislation. Joint Committee on Atomic comments on this interim final rule by will amend Part 50 of the Commission's Energy, 67th Cong., 2d. Sess. (April 17, May 6L,13. Comments received after 1962), at S.Partially in response to the this date will be considered if it is regulations to establish standards for administrative rigidity and cumbersome practical to do so, but assurance of determining whether an amendment to procedures which this interpretation consideration cannot be given except as an operating license Involves no forced upon the Commission (see, joint to comments received on or before this significant hazards consideration Committee on Atomic Energy Staff date. The rule takes account not only of the Study, "Improving the AEC Regulatory ADDRESSES: Writtenrcomments should new legislation but also the public Process", March 1961, at 49-50), section be sent to the Secretary of the comments received on the proposed 189a. of the Act was amended in 1962 to Commission. U.S. Nuclear Regulatory utle. For the sake of clarity, affected eliminate the requirement for a Commission, Washington, D.C. 20555 prior legislation as well as the mandatory public hearing except upon Attention: Docketing and Service Commission's regulations and practice the application for a construction permit Branch. Copies of the documents are discussed as background for a power or testing facility. As stated discussed In this notice and of the information. In the report of the joint Committee on comments received on the proposed rule Simultaneously with the promulgation Atomic Energy which recommended the and interim final rules may be examined of these standards In I 50.0Z the amendments: In the Commission's Public Document Commission is publishing an Interim Accordingly. this section wlU eliminate the Room at 1717 H Street, NW. final rule which contains criteria for requirements for a mandatory hearing, except Washington. D.C. providing or. In emergency situations, upon the application for a construction permit FOR FURTHER INFORMATION CONTACr. for dispensing with prior notice and for a power or testing facility. Under this Thomas F. Dorian. Esq.. Office of the reasonable opportunity for and public plan, the issuance of amendments to such Executive Legal Director, US. Nuclear comment on a determination-about construction permits. and the Issuance of Regulatory Commission. Washington, operating licenses and amendments to such whether an amendment to an operating construction permits. and the issuance of D.C. 2055. Telephone: (3M) 492490 license Involves a significant hazards operating licenses and amendments to SUPPLEMENTARY INFORMATIWC consideration (item (bJ above). This rule operating licenesM would be only after a so- Introduction also specifies procedures for day public notice and an offer of hearing. In consultation on any such a the absence of a request for a hearing.
Pursuant to Public Law 07-415. NRC determination with the State in which Issuance of an amendment to a construction must promulgate. within 90 days of the facility involved Is located (item (c) permit, or issuance of an operating license, or enactment, regulations which establish above). The rule appears separately in an amendment to an operating license, would (a) standards for determining whether be possible without formal proceedings, but an amendment to an operating license the Federal Register. on the public record. It will also be possible involves no significant hazards These regulations are Issued as final. for the Commission to dispense with the Sa- considerations, (b) criteria for providing though in interim form, and comments day notice requirement where the application or. in emergency situations, for wil be considered on them. They will presents no significant hazards consideration.
dispensing with prior notice and become effective 30 days after This criterion is presently being applied by reasonable opportunity for public publication In the Federal Register. the Commission under the terms of AEC
Accordingly, Interested persons who Regulations 50.59. H. Rep. No. 1966.th comment on any such determination. Cong.. 2. Ses.. at .
and (c) procedures for consultation on wish to comment are encouraged to do any such determination with the State In so at the earliest possible time, but not Thus, according to the 1962 which the facility involved is located. later than 30 days after publication, to." amendments. a mandatory public Proposed regulations to specify permit the fullest consideration of their hearing would no longer be required standards for determining whether views. before issuance of an amendment to a
9
14865 Federal Register I Vol.8. No. 67 / Wednesday, April 6. 1983 rRules and Regulations notice and publication and may Issue the amendment entails prior notice. no construction permit or operating license amendment amendment to any license may be and a thirty-day prior public notice Issued unless it conforms to all would be required only If the proposed Thus. It is very Important to note that applicable Commission safety amendment involved a significant a determination that a proposed license hazards consideration." In sum, section amendment does or does not present a standards. Thus. the "no significant es9a. of the Act, now provides that. "significant hazards consideration" has hazard consideration" standard has upon thirty-days' notice published in the Involved the hearing and attendant been a procedural standard only, Federal Register, the Commission may notice requirements. Consequently, governing whether public notice of a issue an operating license, or an under Its present rules the Commission proposed action must be provided.
amendment to an operating license, or has generally coupled its determination before the action is taken by the an amendment to a construction permit. Commission. In short. the "no significant about whether It should provide a hazards consideration" standards has for a facility licensed unde? sections 103 hearing before Issuing an amendment or 204b. of the Act. or for a testing with its determination about whether It been a notice standard and has had no facility licensed under section 104c.. should Issue a prior notice. and the substantive safety significance, other without a public hearing If no hearing is central factor in both determinations than that attributable to the process of requested by any interested person. has been the determination about "no prior notice to the public and reasonable Section 289a. also permits the significant hazards consideration." It opportunity for a hearing.
Commission to dispense with such has been charged that in practice this B. The Sho!ly Decision and the New thirty-days' notice and Federal Register has meant that the staff has sometimes Legislation publication with respect to the issuance coupled the decision about the merits of of an amendment to a construction an amendment to the decision about The Commission's practice of not permit or an amendment to an operating when it should notice the amendment. providing an opportunity for a prior license upon a determination by the Le., whether It should glve prior notice hearing on a license amendment not Commission that the amendment or post notice. Additionally, there has Involving significant hazards involves no significant hazards been some concern that the Act and the considerations was held to be Improper consideration. These provisions have regulations have not defined the term In Sholly v. NAC, 651 F.2d 780 (1980). been incorporated into {l .105, 2L06. "significant hazards consideration" and rehearing denied. 792 F.2d 792 (1980). 50.58(s) and (b)and 50i1 of the thal they have not established criteria cartgrnted1015 Ct. 304(98l1 Commission's regulations. for determining when a proposed (Soil01y). In that case the US. Court of The regulations provide for prior amendment involves a "significant Appeals for the Distrct of Columbia notice of a "proposed action" on an hazards consideration." Section 50.59 Circuit ruled that. under section ~la of application for an amendment when a does set forth criteria for determining the Act. NRC must hold a prior hearing determination Is made that there Is a when a proposed change. test or before an amendment to an operating significant hazards consideration and experiment involves an "unreviewed license for a nuclear power plant can provide an opportunity for interested safety question," but It Is clear that not become effective. if there has been a members of the public to request a every such question involves a request for hearing (or an expression of hearing. See II 2L1O5(a)(3) and 50.91. "significant hazards consideration." In interest in the subject matter of the Hence. If a requested license any event. the Commission's practice proposed amendment which Is sufficient amendment is found to Involve a with regard to license amendments to constitute a request for a hearing). A significant hazards consideration, the Involving no significant hazards prior hearing, said the Court, is required amendment would not be Issued until consideration (unless. as a matter of even when NRC has made a finding that after any required hearing Is completed discretion, prior notice was given) was a proposed amendment involves no or after expiration of the notice period. to Issue the amendment and then significant hazards consideration and In addition. I 50.8b) further explains publish In the Federal Register a notice has determined to dispense with prior the Commission's hearing and notice of issuance. See I 2.16. In such a case, notice In the Federal Register. At the procedures. as follows: interested members of the public who request of the Commission and the The Commission will hold a hearing after wished to object to the amendment and Department of justice, the Supreme At least 30 days notice and publication once request a hearing could do so but a Court agreed to review the Court of in the Federal Register on each application request for a hearing did not by itself. Appeals interpretation of section 189a for a construction permit for a production or suspend the effectiveness of the of the Act. The Supreme Court has utilization facility which Isof a type amendment. Thus both the notice and remanded the case to the Court of described in I 50.21(b) or 1 50.22 or which Is hearing. If one were requested. have Appeals with Instructions to vacate it if a testing facility. When a construction permit amendment was It Is moot and. If It Is not. to reconsider has been issued for such a facility following occurred after the the holding of a public hearing and an Issued. Its decision in light of the new application Ismade for an operating license It is very important to bear in mind legislation.
or for an amendmnent to a construction permit that there Is not Intrinsic safety The Court of Appeals' decision did or operating license, the Commission may significance to the -no significant not involve and has no effect upon the hold a hearing after at least 30 days notice hazards consideration" standard. Commission's authority to order and publication once in the Federal Register Whether or not an action requires prior immediately effective amendments.
or. in the absence of a request therefor by without prior notice or hearing, when any person whose interest may be affected. notice, no license and no amendment may Issue an operating license or an may be Issued unless the Commission the public health, safety. or interest so amendment to a construction permit or concludes that it provides reasonable requires. See, Administrative Procedure operating license without a hearing, upon 30 assurance that the public health and Act. Section 9(b), 5, U.S.C. I S5(c).
days notice and publication once in the safety will not be endangered and that section 161 of the Atomic Energy Act.
Federal Register of its intent to do so. If the the action will not be inimical to the and 10 CFR 2.202(f) and 2.204. Similarly.
Commission finds that no significant hazards common defense and security or to'the the Court did not alter existing law with consideration is presented by an application for an amendment to a construction permit or health and safety of the public. See.'-eg. regard to the Commisssion's pleading operating license. Itmay dispense with such 1 50.57(a). Also, whether or not an requirements. which are designed to
1U&8: Federal Regiter / Vol 48 No. 67 I Wednesday, Aprl 0, 1983 1 Ruies and Regulations enable the Commission to datermte (B)lhe amendment shall periodicallyc bt regarding the aommerdal us ofoucla whether a per on requesting a hearing not hss frequently than once evry thirty power. u, the provision does not dispes Is, in fact, an "interested person" within daysl publisb notice of anr amendents with the requirement for a hear enathe NRC. tf requested (by an Interested pasnJ, the meaning of section 189a..-hat , -In subparaaph (A). Each such noticeshl snt conduct aearing aer the whether the persoDjhos demontrated chds a amendments Iued, or proposed amendment takes effecL S.Rqm No. 7-2, standing and Identified one or more to be Issued, sdouc the dat, of pubLiaon of 87th Cong. st Sees, at 24 D9M1) Issues to be litigated. See, BPI v.Afomkc the last guch periodic notice. &ud notio Etnery Commrssfon, 02 F.d 42, 428 shal, with respect to each amendment ce It should be also noted In light of the (D.C. Cir. 1074) where the Court stated ed aendment P Identify te facility previous discussion about the coupling tht, "Under Its procedural regulations It Involved: and pfl) provide a bdef deaption of the decision on the merits of an Is not unreasonable for the Commission of such amendmenL Nothing Inthi amendment with the deddson about usection sha e conued to dea when to notice the amendment, that to require that the prospective effective date of any anendment Intervenor first specify the basis for this (C)The Commission shalL during te Section 52 of Public Law 97-415, by providing for prior public notice and request for a hearing." oinety-day period following the efective date However, the Commission believed of this paragraph, promulgate regulations comment, In effect uncouples the establishing (i)standards for detemining determination about prior versus post that legislation was needed to change whether any amendment to an operating notice from the determinaidon about the result reached by the Court In Shoaf lcese Involves no significant hazards whether to Issue an amendment.
because of the Implications of the conu derstios ii) criterla for providing or, in In sm the Commission Is requirement that the Commission t emergency situations, dispensing with or promulgating as an Interim final rule the a requested bearing before It could Issue notice and reasonable opportunity for public proposed standards in j S=2 f a license amendment Involving no comment On any such determinatlon, which significant hazards consideration Te critera shall tale Into account the e rgeny determining whether an amendment to of the need for the amendment Involved. and an operating license involves no commission believes that, since most significant hazards consideratio and It requested license amendments involving (II procedures for consultation on any such no significant hazard consideration are determination with the State in which the is publishing separately an interim final facility Involved is located. rle to establish (a) procedures for routine in nature, prior hearing on such noticing operating license amendment amendments could result In Section 12b) of that law specifies hat requests for an opportunity for a unwarranted disruption or delay in the hearing, (b) criteria for providing or. in operations of nuclear plants and could (h The authority of the Nuclear Regulatory emergency siuations, dispensing with impose regulatory burdens upon It and Commission, under the ions of the amendment made by (. l to ine prior notice and reasonable opportuity the nuclear Industry that are not related for public comment On any proposed to significant safety matters. and to make immediately effective any Subsequently, on March 11, 2981, the amendment to an operating lcensehall take determination on no significant hazards Commission submitted proposed effect upon the promulgation by the consideration, and (c) procedures for C=omiion of th regulatins required in consulting with the requisite State an legislation to Congress (introduced as S. euch provition. any such determinationL 912) that would expressly authorize It to issue a license amendment before Thus, as noted above, the legislation nterim Final Rule on Standards for holding a hearing requested by an authorize NRC to Issue and make Determining Wlhethber an Amendment to interested person. when It has made a Immediately effective an amendment to an Operating License Involves No determination that no significant an operating license upon a Significant Hazards Considerations and hazards consideration Is involved In the determination that the amendment Examples of Amendments That Are amendment Involves no significant hazard Considered Likely or Not Likely To After the House and Senate conferees consideration, even though NRC has Involve Significant Hazards considered two similar bills, H.R. 2330 before It a request for a hearing from an Considerations and S. 127, they agreed on a unified Interested pen. At the same time, however, the legislative history makes It A. PetitionandPoposedAu.
version (See Conf Rep. No. 07-6, 97th clear that Congress expects NRC to Cong. 2d. Sess. (952)) and passed Public lhe Commission's interim final rule Law 97-415. Specifically section 12(a) of exercise Its authority only In the case of on standards for determining whether that law amends section 189a of the Act amendments not Involving significant an amendment involves no ignificant by adding the following with respect to safety questions. The Conference Report hazards consideration complet Its license amendments Involving no stateE actions on the notice of proposed significant hazard consideration The conference agrement maintains the rulemaking (discussed above) which requirement of the current section =a. of the was Issued in response to a petition for
(21(A) The Commission may issue and Atomic Energy Act that a hearing on the rulemaking (PRM 50-17) submitted by make imedistely effective any amendment license amendment be held upon the request letter to the Secretary of the to an operating license, upon a determination of any person whose Interest may be by the Commission that such amendment affectedt he greement simply authorizes Cofirnisslon on May 7,2978 M. Robert involves no significant hazards waslderation. the Commission. in those cases where the Lowenstein For the reasons discussed notwithstanding the pendency before the amendment involved poses no significant below, the petition Is denied. However, Commission of a request for a hearing from hazards consideration, to issue the license the Commission is promulgating any person. Such amendment may be Issued amendment and allow It to take effect before standards, as intended by the petitioner, and made Imeditly effective In advance this hearing is held or completed. Te though not the standards petitioned for.
of the holding and completion of any required conferees intend that the Commiuion will (PRM-50-17 was published for comment bearing. Indetermining under this section use this authority carefully, applying It only In the Federal Register on June 4, 197B whether such amendment Involves no to those license amendments which pose no (41 FR 24005)). Te stafis significant hazards consideration the significant hazard consideration. i at 2.
Commission shall consult with the State to tecommendations on this petition are in whic the facility Involved Islocated. Inall In this regard, the Senate streused 6ECY-79-60 (December 13.1979) The other respects such amendment shall meet its strong desir to presre for the public a notice of proposed rulemaking was the requirements of this Act. meaningfl right to participate Indecisions published in the Federal Register on
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Fedaral Register / Vol. 48. No. 187 / Wednesday. April 6, 1983 [--Rules and Regulation. 14867 March 28 1980 (45 FR 20491). The staffs the failure to Include accidents of a type no longer be used to make a recommendations on the interim final different from those previously determination about whether or not to rule are in SECY-8I-3OC. 8Z-38. 6- evaluated. bsue prior notice of an amendment
1L 83-iGA and 831-ICE (These During the past several years the request. As fully described in the documents are available for - Commission's stiff has been guided. In separate Federal Register notice examination in theCounmisslon's Public reaching Its determinations with respect mentioned before, the Commission has Document Room at 717 H Street, N.W. to no significant hazards consideration. formulated separate notice and State Washington. D.C.) by standards very similar to those now consultation procedures that will The petitioner requested that 10 CFR described In this Interim final rule as provide in all (except emergency and Part 50 of the Commission's regulations wvell as by examples of amendments some exigent) situations prior notice of be amended with respect to the likely to Involve, and not Ilkely to amendment requests. The standards and procedures for Issuance of amendments involve, significant hazards the examples will usually be limited to a to operating licenses for production and considerations. These have proven proposed determination and. when a utilization facilities. The petitioner's useful to the staff, and the Commission bearing request is received. to a final proposed amendments to the regulations employed them In developing the determination about whether or not would have required that the staff take proposed rule. The notice of proposed significant hazards considerations are Into consideration (in determining rulemaking contained standards involved in connection with an whether a proposed amendment to an proposed by the Commission to be amendment and. therefore, whether or operating license Involves no significant Incorporated Into Part 50. and the not to offer an opportunity for a hearing
4 hazars consideration) whether statement of considerations contained before an amendment in issued. The operation of the plant under the examples of amendments to an decision about whether or not to issue proposed license amendment would (1) operating license that are considered an amendment is meant to remain one substantially increase the consequences Ilkely and not likely to involve a that, as a separate matter. is based on of a major credible reactor accident or signiicant hazards consideration. The public health and safety.
(2)decrease the marjins of safety examples were samples of precedents B. Comments on the ProposedRule substantially below those previously with which the staff was famniliar', they evaluated for the plant and below those were representative of certain inds of 1. General. Nine persons submitted approved for existing licenses. Further, circumstances; however, they did not comments on the petition for rulemaking the petitioner proposed that, if the staff cover the entire range of possibilities; and nine persons submitted comments reaches a negative conclusion about nor did they cover every facet of a on the proposed amendments. The both of these standards, the proposed particular situation. Therefore, they had comments on the petition are in SECY-
amendment must be considered not to to be used together with standards in 7-O. The comments on the proposed involve a significant hazards determining whether or not a proposed rule are in SECY file PR-Z. S0(45 FR consideration. amendment involved significant hazards 20491). A summary of the comments and In issuing the proposed rule, the conslderatidns. initially-proposed responses to the Commission sought to improve the The three standards proposed In the comments are in SECY-81.
licensing process by specifying in the notice of proposed rulemaking were available for examination at the regulations standards on the meaning of whether the license amendment would. Commission's Public Document Room.
no significant hazards consideration (1)involve a significant increase In the In light of the legislation. the These standards would have applied to probability or consequences of an Commission has decided to make its amendments to operating licenses, as accident previously evaluated. (2) create approach more precise (as described requested by the petition for rulemaking. the possibility of an accident of a type below) and has, therefore, revised Its and also to construction permits, to different from any evaluated previously. response to the comments. The new whatever extent considered appropriate. or (2)involve a significant reduction in a response is found in SECY-W-46A and As mentioned before, the Commission margin of safety.
now believes that these standards Before responding to the specific One of the commenters stated that all should not be applied to amendments to comments on the proposed rule, it three standards are unclear and useless construction permits. not only because should be noted again that It was In that they Imply a level of detailed construction permits do not normally structured so that the three standards review of amendment applications far Involve a significant hiards would have been used to decide not beyond what the staff normally consideration but also because such only whether the Commisson would performs. Itis the Commission's amendments are very rare; the proposed publish prior notice of an amendment considered judgment that the standards rule has been modified accordingly. request (asopposed to notice after the have been and will continue to be useful Additionally. the Commission Is amendment was issued) but also to In making the necessary reviews.
reviewing the extent to which and the decide whether to grant an opportunity Moreover, the Commission believes that way standards should be applied to for hearing before Issuance of the the standards when used together with research reactors. Th Commission Wil amendment (as opposed to granting the the examples will enable it to make the handle case-by-case any amendments opportunity after Issuance). As requisite decisions. In ths regard. it requested for construction permits or for explained before, the standads were should be noted that Congress was more research reactors with respect to the not meant to be used to makce the than aware of the Commission's Issue of significant hazards ultimate decision about whether to Issue standards and proposed their considerations. an amendment-that final decision Is a expeditious promulgation. For example.
In the statement of considerations public health and safety judgment on the Senate Report No. 97-113, cited above.
which accompanied the proposed rule. merits. not to be confused with the stated.
the Commission explained that It did tot decisions on notice and reasonable
- I
- eCommittee jtes tat the agree with the petitioner's proposed- opportunity for a hearing. Commission has already iss ad for public standards because of the limitation to As a result of the legislation. under comment rules including standards for
"major credible reactor accidents" end the final rule the three standards would detemAining whether an amendment involves
4 tllR Fqderal Regsdter / Vol. 48 No. 67 / Wednesday, April 6 1983 / Rules and Regulations no significant hazards consideration. The issue tn the review of the proposed ts cnferees also xpect the Commistion, Committee believes that the Cmm-stolon amendment, at least arguably, could in promugatng tha regulations required by should be able to build upon this past effor prev ent a finding of no significant the new subsection (2XCXiJ of section I1a.
and it expectr the Comissbdon to act of the Atomic Eno.-g Ac to establish haz consideration, even though the standards that to tha extent practicable draw expeditiously tn promugtng the requ Issue would iqtimately be sisfactorily a lear distinction between Hien standards within the time specfiedi section resolved by the Issuance of the amendments that involve a significant 10111. withi n #LehNaer eetmentl. Id amendment Accordingly, the hazards consideration and those at IL amendments that Involve so su*
Commission added to the listaf Similarly, the House notad: examples considered likely to Involve a consideration. These standards should not Tne commfitee amendment provides the significant hazards consideration a new require the NRC staff lo predge the meits Commission with the authority to Uae and example (vii). of thes sues raised by a proposed license make Immediate effective amendments to amendment. Rather, they should only require When the legislation described before the staff to Identify those Issues and licenses prior to the conduct or completion of was being considered. the Snate any hearing required by section 109ta) when determine whether theyinvoive dgificamt Itdtermines that the amendment Involves no Committee on Environment and Public health, safety or environmental significant hazards consideration. However, Works commented upon the consideration These standards d be the authority of the Commission to do so Is Commission's proposed rule before It capable of being applied with ease and discretfonary, and does not aqate the reported S.UV. It stated: certainty, and should esure that the NRC
requirement imposed by the Sholly decision The committee recognizes that reasonable staff does not resolve doubtful or borderline that such a heaing, upon request. be cases with afinding of no significant hazards subsequently held. Moreover. th persons may differ on whether alicense consideration. Cona Rep. No. 7-1 s.ih amentment Involves asignificant hazbrs Cong. zd Sess. at 312862 Committee's action It in 4ht of the fct that consideration. herefore, the Committee the Commission has alreadyissuedforpublic expects the Commission to develop and It should be noted that the comment rules Including standardsjbr promulgate standards that, to the maximum Commission has attempted to draft determining whether an amendment invobe extent practicable, draw a clear distinction no signifcanthazardsconsideroTons. The standards that are as useful and as clear Commission also has a long line of case4y- between license amendments that involve a as possible, and it has tried to formulate case precedents under which ft has signficant hazards consideration and thos examples that wil help in the establishedcriteriafor such detenrinations. that Involve no sigficant hazards application of the standards. These final
' '* lRep No .9732tPr 2h 871h Cang& consideration. The Committee anticipates, for standards are the product of a long Ist Seas, at 26 (M8) (Emphasis added) example that consistent with prior practice.
the Commission's standards would not permit deliberative process. As will be recalled.
A number of commenters a"no significant hazar consideration7 standards were submitted by a petition recommended, in regard to the second determination for license amendments to for rulemaking in 1787 for the crilerion in the proposed rule. that a perit racdking of spent fuel pools. Id. at IL Commission's consideration. The threshold level for accident standards and examples are as dear consequences (for example, the limits In The Commisslon agrees with the and certain as the Commission can 10 CFR Part 100) be established to committee "that reasonable persons make them-and. to repeat the eliminate insignificant types of may differ on whether a license Conference Report, "should ensure that accidents from being given prior notice. amendment Involves a signifi the NRC staff does not resolve doubtful This comment was not accepted. Setting hazards consideration" Lad It has tried or borderline cases with a finding of no a threshold level for accident "to develop and promulgate standards significant hazards consideration." The consequences could eliminate a group of that, to the maximum extent practicable, Commission welcomes suggestions from amendments with respect to accidents draw a clear distinction between license the public to make them clearer and which have not been previously amendments that involve a sgnificant more precise, recognizing. in the Senate evaluated or which, If previously hazards consideration and those that Committee's words. "that reasonable evaluated. may turn out after further Involve no Significant hazards persons may differ on whether a license evaluation to have more severe consideration." The Commission amendment involves a significant consequences than previously believes that the standards coupled with hazards consideration." evaluated. the examples help draw as clear a With respect to the Conference It is possible, for example, that there distinction as practicable. It has decided Committee's statement, quoted above.
may be a class of license amendments not to Include the examples in the text that the "standards should not require sought by a licensee which. while of the rule in addition to the original the NRC staff to prejudge the merits of designed to Improve or Increase safety standards, but, rather, to keep them as the issues raised by a proposed license guidelines under the standards for the amendment," as will be recalled, it has may, on balance. involve a sgnificant hazards consideration because they use of the Office of Nuclear Reactor been the Commission's general practice Regulation. to couple the determination about prior result in operation of a reactor with a reduced safety margin due to other The Commission wishes licensees to versus post notice with the factors or problems (Ie^. the set effect Is note that when they consider lioense determination about provision of a prior a reduction In safety of some amendments outside the examples. the hearing venus a hearing after Issuance significance). Such amendments Commission may need additional time of the amendment. thus, occasionally.
typically are also proposed by a licensee for Its determination on no significant the issue of prior versus post notice was as an interim or final resolution of some hazards considerations; thus, they seen by some as including a judgment significant safety issue that was not should factor this information into their on the merits of issuance of an raised or resolved before Issuance of the schedules for developing and amendment. Consequently one operating license-and, based on an Implementing such changes to facility commenter suggested that application of evaluation of the new safety Issue, they design and operation. the citeria with respect to prior notice may result in a reduction of a safety The interim final rule thus goes a long in many instances will necessarily margin believed to have been present way toward meeting the intent of the require the resolution of substantial when the liscense was Issued. In this legislation. In this regard. the factual questions which largely overlap Instance, the presence of the new afety Conference Report stated: the issues which bear on the merits of
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6 1983 / Rules and Regulations lUB69 the license amendment. The implication has been quoted above; the discussion Involves no significant hazards considertin in the House is found at 127 Corg. the Commission should be especially of the comment was that the sensitive to the Issue posed by license Commission at the prior notice stage Record at H 8156. Nov. 1981. amendments that bave Irreversible could lock Itself into a decision On the The Commission Is not Including consequences (uch as thosepermittig an merits. Conversely. thbe.ommepter reracking in the liit of examples that hceose in the amount of effluenb or stated that the staff ii using the no will be considered likely to involve a radiotionemittedfrm aofiity orallowit significant hazards consideration ignlficant hazard consideration a facility to operatefor a periodof tme standards, was reluctant to give prior because a significant hazards without full safetyprotections.Z In those notice of amendments because Its consideration finding is a technical Issuing the order In advance of a
2ae determination about the notice might be matter which has been assigned to the hearing would, as a practical matter.
viewed as constituting a negative Commission. However, In view of the foreclose the public's right to have Its vews expressions of Congressional considered. In addition. the licensing board connotation on the merits. would often be unable to order any In any event, the legislation has made understanding. the Commission feels substantial relief as a result of an after-the- these comments moot by ng that the matter deserves further study. fact hearing. Accordingly, the conferees separation of the criteria used for Accordingly, the staff has been directed Intend the Commission be sensitive to those providing or dispensing with public to prepare by August 1,1983. a report (1) license amendments which Involve such notice and comment on no significant which reviews NRC experience to date breversible-eonsequences. (Emphasis added.) hazards consideration determinations with respect to spent fuel pool, Jd. at 37-4a from the standards used to make a expansion reviews, and (2)which This statement was explained In a determination about no significant provides a technical Judgment on the colloquy between Senators Simpson and.
hazards consideration. Under the asis which a spent fuel pool expansion Domenicl. as followsr legislation, the Commission's criteria for amendment may or may not pose a public notice and comment would not be significant hazards consideration. Upon Mr. Domenici. In the statement of receipt and review of this report the managers. I direct attention to a paragraph In the same as Its standards on the section 12 the so-called Sholly provision.
determination about no significant Commiss iton will revisit this part of the wherein It Is staled that in applying the hazards consideration. In fact, the rule. authority which that provision grants the Commission will normally provide prior During the interim. the Commission NRC 'should be especially sensitive to the notice (for public comment and for an will make a finding on the question of no Isue posed by license amendments that have opportunity for a hearing) for each significant hazards consideration for irreversible consequences." Is that paragraph operating license amendment request. each reracking application, on a case- In general, or specifically, the words Ilhe Commission's criteria on public by-case basis, giving full consideration 'irreversible consequences" intended to notice and comment are discussed in the to the technical circuinstances of the Impose restrictions on the Commission's uwe separate Federal Register notice noted case, using the standards in 1 50.2 of of that authority beyond the provisions of the the rule. It Is not the intent of the statutory language? Can the Senator clarify before.) Additionally, the Commission that. plese? believes that use of these standards and Commission to make a no significant Mr. Simpson. I shall. It Is not the intention examples wlU help Itreach sound hazards consideration finding for of the managers that the paragraph tn - decisions about the Issues of significant reracking based on unproven general, nor the words 'Irreversible versus no significant hazard technology. However, where reracking consequences." provide any restriction on the considerations and that their use would technology has been well developed and Commissions use of that authority beyond not prejudge the merits of a decision. demonstrated and where the the statutory provision In section I9.. Under It holds this belief because the Commission determines on a technical that provision. the only determination which standards and the examples are merely basis that reracking involves no the Commission must make is that Its action significant hazards, the Commission does not Involve a significant hazard. In that screening devices for a decision about context "Irreversibility" Is only one of th whether to hold a hearing before as should not be precluded from making many considerations which we would expect opposed to after an amendment Is such a finding. tf the Commission the Commission to consider. It Is the Issued and cannot be said to prejudge determines that a particular reracking determination of hazard which Is important.
the Commission's final decision to Issue Involves significant hazards not whether the action is irreversible.
or deny the amendment request. As considerations, it will provide an Cearly. there ae many Irreversible actions explained above, that decision Is a opportunity for a prior hearin, as which would not pose a hazard. Thus where separate one, based on separate public explained in the separate Federal the Commission determines that no health and safety findings. Register notice. significant hazard is involved. no further Additionally, It should be noted that consideration need be given to the
2 Rerocking of Spent FuelPools. Ile irreversibility of that action.
Commisslon has been providing prior under section 134 of the Nuclear Waste Mr. DomenicL I thank the Senator for the notice and opportunity for prior hearing Policy Act of 1982 an Interested party clarification. Tat Is consistent with my on requests for amendments Involving may request a "hybrid- bearing In readings of the language ... .s54 Cong. Rem reracking of spent fuel pools. 'Me connection with reracid and may (Pal It at 5.13038 (daily ed. Oct.i .192) Commission Is not prepared to say that articipate in such a hearing. if one is a reracking of a spent fuel storage pool Eeld. The Commission will publish in the The statement was further explained will necessarily Involve a significant near future a Federal Register notice In a colloquy between Senators Mitchell hazards consideration. Nevertheless, as describing this type of hearing with and Hart, as follows: shown by the legislative history of respect to expansions of spent fuel Mr. Mitchell. Te portion of the statement Public Law 97-415. section 2(a), the storage capacity and other matteSn of managers discussing section U of the Congress was aware of the concerning spent fueL report. the so-caled Sholly provisi.
Commission's practice and statements 3. Amendnents brnvalYi L-mveslble stresses that in determining whether a Conseque proposed amendment to a facility operating were made by members of both Houses. icense involves no significant hazards before passage of that law, that these The Conference Report stated consideration, the Commission -should be members tought the practice would be The conferees intend that in determiln especially sensitive ... to license continued. Th report on the Senate side whether a proposed license amendment amendments that have irreversible
-q l487b Federal Register / Vol. 48. No. 67 I Wednesday. April 6. 1983 / Rules and Regulations.
consequences." ismy understanding correct that the statement means the Commission roReactoredures of the Office of Nuclear Regulation. a copy of which will AIpurely administrative change to A
technicl specifications for example, ehould tke specal cenhevaluatins for be placed f the Conssion's Public change to achieve consistency possible hazrdous consIderations. Document Roqm. throughout the technical specifications.
amendments that in~volvin evepbawl -_ . correction of an error, or a chane In consequences? l't Examples of Amendments That Are nomenclature.
b~r lSe nator's understanding is Considered Ukly To Involve (II) A change that constitutes an correct. As you Fenow sees to th provison Significant Hazards iderations An additional limitation. restriction, ors overrule the bolding of the U.L Courlof Listed Below control not presently Included In the Appeals for tfie Distrct of Columbih in Sholly technical specifications: forsxaple 1 a against Nuclear Reguhtor~y CommIsion. Tht 'Unless the specific circunmstances of a case Involved the ventin of radioactve license amendment request when more stringent surveillance requirement.
kiwlon gas f!rom the damaeged Three Mie measured against the standards In (ili) For a nuclear power reactor, e island Unit 2 reactor-an irreversdble action. I 5.2 lead to a contrary conclusion change resulting from a nuclear reactor As in this case, once the Commsion has then, pursuant to the procedures in core reloading. If no fuel assemblies approved alicense amendment. nd nt has 150.91. a proposed amendment to an significantly diflerent from those found one into effecn It could prove Imposbl bt operating license for afacility licensed previously acceptable to the NRC for a corret any oversights of fact or errors of under I50.1(b) or f 50l22 or for a previous core at the facility In question Judgmnent Therefore. the Commission has an testing facility will likely be found to are Ivolved. Ths assumes that no obligation, hen asessng the health or safety implicatIons of an aendment having involve significant hazards significant changes are made to the.
irver ible consequences to insure that only considerations. Ifoperation of the acceptance criteria for the technical those amendeent tht clearly anbe hO facility in accordance with the proposed specifications, that the analytical sgneificant haezrdsitsues ill lake effect amendment Involves one or more of the methods used to demonstrate prior to a public hearing. Ido(art or at following 1322 conformance with the technical
(1I) A significant relaxation of the specifications and regulations are not In light of the Conference Report and criteria used to establish safety limits. significantly changed. and that NRC has colloquies quoted above, the a (ii)A significant relaxation of the prevlousljy found such methods.
Commission wishes to note that it wi bases for limiting safety system settings make sure "that only those amendments or limiting conditions for operation. (Iv) A relief panted upon that clearly raise no ignificant hazards (i A si dgnificant relaxation Inlimiting demonstration of acceptable operation issues will take prior to aeffect public conditions for operation not from an operatfing restriction that was hearinor" It wull do this by provadin8 In accompanied by compensatory changes. imposed because acceptable operation i5i0.2 of the nlethat It wil review conditions or actions that maintain a was not yet demonstrated. Ths assumes proposed amendments with aview as to commensurate level of afety (such as that the operating restriction and the whether they involve Irrever ible allowing a plant to operate at full power criteria to be applied to a request for consequences. Inthis regard. example during a period Inwhich one or more relief have been established In a prior (ili] makes clear that an amendment safety sytems are not operable). review a~d that It Is justified tn a which allows a plant to operateat full (iv) Renewal of an operating license. satisfactory way that the criteria have power during which one or tore safety (v)For a nuclear power plant, an been met.
systems are aot operable would be Increase Inauthorized maximum core (v) Upon satisfactory completion of treated In the same way av other power leveL. constru cti on in connection wvith an examples considered ltiey to involve a * (vi) A change to technical operating facility. a relief granted from ignificant hazards conideration lnthat specifications or other NRC approval anoperating restriction that was ti8 mLkes to mleet the critera din 52 Involving a sgnificant unre.iewed Imposed becus e the construction was not yet completed satisfactorIly. This Is Finally. it Is once again Important to (vr Achange Inplant operatin tntended to involve only restrictions note that the examples do not cover all designed to Improve safety but which. It Is justified that constrction possible examples and may not be due to other factors. in fact allows plant where has been completed satisfactorily.
representative of *l postible concerns. operation writh safety margins which either may result significantly reduced frm those (vi) Ak change s newinformation is developed the In some increase to the probabillty or Commision will refine these examples believed to have been present when the consequences of apreviously-analyzed and add new examples in k oeeping with license was Issued. accident or may reduce in some way a the standards in I 50.92 of thc Interim Examples of Amendments That Are safety margin. but where the results of final le-andm if necessany ItmwSIl Considered Not likely To Involve the change are clearly within all tirhten the standardsthemselves. Significant Hazards Considerations An acceptable criteria with respect to the The Coiumion has left the proposed Listed Below system or component specified in the uile intact to the extent that tple rue Plan: for example. a states standards wIth respect to the Unless the specific circumstances of a Standard Review from the application of change resulting meaning r of nodIgnificant hazards license amendment request. when a small refinement of a previously used considerationh The standards in the measured against the standards in calculational model or design method.
Interim final rule are substantially I 50.9. lead to a contrary conclusion (vii) A change to makce a license Identical to those in the proposed rule. then, pursuant to the procedures In conform to changes In the regulations.
though the attendant language In new 150.91. a proposed amendment to an where the license change results Invery
£ 50.92 as well as In £ 50.58 has been operatinglicense for a facility licensed changes to facility operatonsu revised to make the determination under I 50.21(b) or 150 22 or for atesting minor clearly in kzeeping with the regrulations.
easier to use and understand. To facility will likely be found to involve no ignificant hazards considerations. If (viii) AV change to a license to reflect a supplement the *tandards that are being mlinor adjustment in owgnership shares incorporated into the Commisslon's operation of the facility in accordnce among co-owners already shown In the regulations. the guidance embodied in with thxe proposed amendmnent Involves only one or more of the lollowin license.
the examples will be referenced In the
Federal Register I Val. 48, No. 67 / Wednesday, April S. 19ow Rules and Regulations 1 4871
Paperwork Reduction Act Statement
trL a Stat. CM ¶42 usc. 2112). sceions type described in 1 5021(b) or 1 0.2 or
10.80 and 5M so Issued under mc. 16 which Is a testing facility, and may This final rule contains no new or Stat. 54 as amended (42 U.S.C. 24), make the amendment I- mdiately amended requirements for record Sections 5&i0.I0-002 also issued - srec.
effective, notwithstanding the pendency keeping, reporting, plans or procedurs; 18.6 S. gm 0s3 (42 U.S.C. 1z2 before It of a request for a earing from app11catons or anylcier type of For the purposes of sec. 2L3 StaL 58 as Information collection. amended (42 U.S.C. W273) 1 11W 1.((b any person. In advance of the holding adcc). 50.4. 10.4650.48.10.4 and 50.80(a) and completion of any tequird hearing.
Regulatory Flexibility Certification fe issued under sec. lIb.68 StaL 48 as where It has determined that no In accordance with the Regltor amended (42 U.S.C. U20(b). II l0(b) and significant hazards consideration Is (Ckand 50.54 are Issued under sec. I6, 6fU Flexibility Act of t19e US.C05), Stat. 949. as amended (42 U.S.C 220(Q); and Involved.
the Commission certifies that this rule II 55(e]. 5.59(b). MM 750. 1 and L Section 50.M1 is redesignated as does not have a significant economic 5O.N are issued under ee Itle U SaL a% 10.92 and revised to read as follows: impact on a substantial number of smal es amended (42 U.S6C 22011) entities. This rule affects only the 2. In I 10.5 paragraph (b) Isrevised 502 Issuance of mwn_d.
licensing and operation of nuclear to read as follows: (a) In determining whether an power plants ad sting facilities. The amendment to a license or construction companies that own these plants do not I gaze Heatgs and repo f tod permit will be issued to the applicant.
fail within the scope of the defiition of Advio&y Commmlt"e on Reactor the Commission will be guided by the "small entities" set forth in the Safoguerda.
Regulatory Flexibility Act or the Sina1 * * 4 4 considerations which govern the Business Size Standards set out in (b) The Commission will bold a Issuance of Initial licenses or- regulations issued by the Small Business construction permits to the extent hearin after at least 3-days' notice and Administration at 13 CFR Part 121. Since publication once In the Federal Register applicable and appropriate. If the these companies are dominant In their on each application for a construction application involves the material service areas, this rule does not fall permit for a production or utilization alteration of a licensed facility, a within the purview of the At. facilty wichI 9,f a ?W deibed I construction permit will be Issued prior I W21(b or I MM a) ths part or, to the issuance of the amendment to the Regulatory Analysis which Is a testing facility. When a license. If the amendment Involves a The Commission has prepared a construction permit has been Issued for significant hazards consideration, the regulatory analysis on e such a facility following the holding of a Commission will give notice of its amendments, assessing the coats and public hearing and an application Is proposed action purmant to I £105 of benefits and resource Impacts. It may be made for an operating LBen" or for an this chapter before acting thereon. The examined at the address indicated amendment to a construction permit or notice will be Issued as soon as above. operating license, the Commission may practicable after the application has Pursuant to the Atomic Energy Act of hold a bearing after at least 20-days' been docketed.
1954, as amended, the Energy notice and publication once In the (b) The Commission will be Reorganization Act of 1974. as amended, Federal Register, or. in the absence of a particularly sensitive to a license and Sections 532 and 553 of Title 6 of the request therefor by any person whose amendment request that Involves United States Code, notice is hereby Interest may be affected, may Issue an given that the following amendments to Irreversible consequences (such as one operating license or an amendment to a' that., for example. permits a significant Title 10. Chapter LCode of Federa construction permit or operating license Regulations. 10 CFR Part 5.aruo Increase in the amount of eMuents ar without a hearisn, upon 30-days' notice radiation emitted by a nuclear power published as a document subject to andpubllcation In the Federal Register codification plant).
of Its
Intent
to do so. lf the Commission finds. In an emergency situation. as te) The Commission may make a final Lst of Subjects In 10 CER Part So determination. pursuant to the -
definedinID fai thatnosigifcant Antitrust, Classified Information. Fire hazards consideration Is presented by procedures In 1 50.92. that a proposed prevention. Intergovernmental relations. an application for an amendment to an amendment to an operating license for a Nuclear power p ants and reactors. operating license, It may dispense with facility licensed under I 5021(b) or Penalty, Radiation protection. Reactor public notice and comment may Issue £ 5022 or for a testing facility Involves i ing giteria. Reporting requirements the amendment. If the Commission finds no significant hazards considerations. if PART 60-DOMESTIC UCENSING OF that exigent circumstances exist, as operation of the facility In accordance PRODUCTION AND UTILIZATION described in 160.91, It may reduce the with the proposed amendment would FACILITIES period provided for public notice and not 0
comment Both in an emergency (1)Involve a snficant increase In i Ile authority citaton for Part 50ls situation and In the case of exigent the probability or consequences of an revised to read as follows: circumstances, the Commission wil accident previously evaluated, or Authority. sa. in3104, 18k2, 1. ". provide S0 days notice of opportunity for (2)Create the possibility of a new or
189,68 Stat. N
30.137,91. VA3 3VA as a hearln though thi notice may be different kind of accident from any amended. sec. 234.93 Stat. 1244, as amended published after issuance of the
(42 US.C 233.2134L 220n. =2. 22= 3. amnendmsent If the Commission accident previously evaluated; or 2239. 82); s. ML.2D = 82StaL 4 determines that no significant hazards (3) Involve a significant reduction in a 1244,1240. as amended (42 Y U 41. 1642, considerations are Involved. The margin of safety.
14.unless otherwise noted. The views of Chairman Commission will use the standards In Section 50.7 also issued under Pub L 95- 150 92 to determine whether a Palladino and Commissioners Aheame.
001. s 10 2 Stat. 2951 (42 U.SC Gai1. significant hazards consideration hs Gllinsky and Asselstine follow.
Sections W0 50.92 and 10.32 also Issued under Pub. L 9741L36 Stat. MM7 (42 U. presented by an amendment toan Dated at Washington. D.C. Ws 4th day of 291. Section 60.78 also issued wider wc operating license for a fcility of the - April 19s3.
14872 Federal Register I Vol. 48, No. 67 / Wednesday, April 6,1983 / Rules and Regulations For the Nuclear Regulatory Commission. During the past several years. the Staff has do and do not Inv;lnv a significant hazard Samuel J Oaflk. been guided in reaching Its findings with consIderation. In the final version. these Secreforth* Commission:
Chairman Palldlo.Additial Views- respect to no significant haza Itonsdrtion" by staf crteri and exaples of amendmens likely to invoivs. and not r
examples have been downgraded to the amible of the rule where they wilsbe of ttle or nO lgal consequence and where, a a ily to Involv, ignificant practical ter1hey will be inccessible to In my opinion the Commisdon's decison considertions. Tese 0tcri a examples anyone but the NRC historian This on reraddig represents its best tecical have been promulgated within e Staff and diinishes the vlue of the rle so much that judgment at this me on the generic no- have proven useful to the Staff The I can no longer approve IL
igrnfcant-huzards questio. That s. the Commission believes It would be useful to The earlierversio of the rule placed Commission cannot say that reacng.t u a consider Incorporating these afteria Into the amendments authorizing substantial spent general matter, would or would not involve a Commission's rtions for we in fuel pool expansions In the significant significant hazards consideration The determining whether a proposed amendment hazards consideration category.The technical considerations of remacin to an operating license or to a construction Commision should have retained this proposals can wary significantly from oe to permit of any production or utilization facility categorization which Is consistent with the another. Involves no gnficant hazards terms of the rule. Moreover, the Commission It was this latter fac as well as the consideration.' should not have Ignored the strong public and With respect to the criticism that the Congressional views which have been statements made In the Congress an criteria are unclear, we have not received reracking. that caused me to vote for the staff expressed on this point, most recently by much assistance In developing clearer criteria Senators Simpson. Ht and Mltchell. I amIn to study the technica2 basis for judgments despite having obtained two rounds of agreement with Commissoner Asselatine's about the hazards considerations presented comment over the last seven years. For analysis of the legislative record underlying by particular reracking applications example, in the comments on the proposed this proviald I also believe that we may have cleared up rule mentioned sbove. NRDC and UCS
one of the Congressional concerns about simply urguedL The NRC sould-proulgate Additional VisY of Commissioner AsselJtind reracking by stating that it Is not our intent to a rle holding that prioroce ad I strogy disagree with the Commission make a no-significant-hazards-consideration opportunity for hearing should be provided majority's decision to permit the use of the finding for reracking based On unpoven for construction permit and operating "Shofly amendment" authority contained in technology. licenses amendmuents in all cases except section U of Public law 7-425, the NRC
those involving no significant p y- Authorization Act for fiscal years 1982 and Additional Comments of Comnm o unreviewid safety iuue" In additon the 1983 for license amendments for the Ahearn debate has oen bce confued by seracddng ofa spent fuel pool.
There have been several complaints that differing assumptions und philosophies thatt The Commission majority's interm final the criteria for determining when an are not usually dearly Idenxtified. Ypr rule would change the Commission's amendment involves significant hazard mple, the NRDC/U mplicathon of at longstanding and consitent policy of detailed level of review alse y requiring that any requested earing on a considerations are unclear or difficut to because of an Implicit assumption tht the apply. For example. in the current notice the license amendment for the reracking of a criteria are intended to require a merits type spent fud pool be completed prior to gnting Commission notes that a commenter on the review. In fct, what thestaffhis always proposed rule stated the standards are the license amendment. Although the done, and whet I believe we had In mind. Commisslon has considered and approved a
"unclear and useless in that they Imply a was to make a preliminary Judgment. hlae number of spent fuel pool reracking kvel of detailed review of amendment Basically. we have done the est we can. I amendments in the past. It has never used the applications far beyond what the staff would be willing to address any specific to significant hazards consideration normally performs."' However, the alternatives. However, after dealing with ts iso s in son 18 . of the Atomic criticisms must be considered In context for a number of years. I believe we must Etnergy Act of 15aBs a basis for approving tn May s7a a petitionfor rulemaidng u move ahead with what we have. the amendment before the completion of a fled which requested that criteria be Commissioner Glinky's Separate Views en requested hearing.
specified for determining when an the Interim fina Rude Regarding Standards It h clear to me from the legislative history amendment Involved no significant hazards for Determining Whether License of section 12 of Public Law P7415 that the conslderations.'The petition was published Amendments Involve no Significant Hazards Congress did not intend that the authority for comment in 197*The Commission Considerations (Amendments to 10 CFR Pant' granted by section 12 should be used to received few comments, primarily supporting 96) approve reracking amendments prior to the or opposing criteria which had been proposed compltion of ny requested hearing. ITe in the petition. Tle discussion focused an Standing by themselves, the standards Sholly amendment was first Included In the underlying philosophical/legal Issues rather NRC authorization bill for fiscal years 1982 which are set forth in the rule are so general and 2983 by the Senate Committee en than specific alternative crterla. that they offer no real guidance to the NRC
Tle rulemaking then lay dormant for staff. In a priorversion of the rule. the Environment and Public Works. The report of several years. In late WV the Commi sson Commission included. in the rule itself. some that Committee on the bill (Senate Report 97- addressed the matter and agreed to Issue a very useful examples of which amendments 113) makes It abundantly clear that the proposed rule for public comment. The Committee did not Intend the Shofly proposed rule was publIshed March 19a.'4A lid atd11 amendment to be ued by the Commission to ld At 12. 1 CFR 0.m deems actions to be an approve reracking amendments in advance of the Commission explained in that notice: the completion of a requested hearing.
unnrviewed safety questonnz
"(1) If the probability of occurrerc dthe Although the report of the Conferenoe 'This refes :n "Commets by the Natural consequances of an accient or malfunction of Committee on the bill did not repeat this tResources Defense Council and the Union gf equipment important to safety previously evlusted admonition, there Is no evidence to indicate a Concerned Scientists en Proposed amendmes bo
20 CFR Pars:2 and No Signficant Hazards ti tie safety analysis report may be 6sasoedi W contrary view by the House-Senate conferees Conuidertion' at 5 (May 1.130) (commenStl. PR-
(U)Ue possibility fur an acident or ulfnctUon of on the bill or by the two House Committees Lo (45 FR 2Osi). a diferent type than any evaluated prvously to that considered the legislation.
Me petition was filed May .I=5 by Ur. Robert the sy alysi eport may h sted or (il)If Moreover. I believe that the ue of the Lowenstein on behalf of 3oeton Eds Company.
the mqn ef saetyr as defined Intbrhe baisr t sIy tcnical specifcato bd Is sd Sholy amendment authority to approv Florid Power and Lght Company, and Iowa Power NDClUt did ot propose analtaata rtracing amendments before the completion Company. definition to be wed with their proosaL it is of any required hearing goes far beyond the
$ei RMSw oun Kws) toterstintlo bane the substantl OWN ty to'he justification offered by the Commission when '45 FR am (March 3 ;20). significant hazards conlderation t.aL It requested the Sholly amendment In
- e
. Federal Register / Vol. 48, No. _ 67 Wednesday, April 6. 1983 / Rules and Regulations 14873
.
requesting the enactment of the Mholly amendments volve no significant expeditiousl promlgate regulations on amendment the Commission described in hazards cons lerations. (2)to specify Items (b) an4c) above. RC is ao some detail the situations In which It foresaw criteria for dl lensing with such prior publishingpartely in the Feoral the need for this authority. The Commission notice and re sonable opportunity for Register Intetim fina regulatons on Item emphasized the need for a large nuber of public comm it lI emergency situations, (a) abe. . unforeseen and usantan ted chane to t and (3)to ish procedures for These regi ations are Issued. as final detailed teonicaspecofictn In the consutation ny suchdeterminations operating licenses for nudlesr powerplants though in Int rim form. and comments as ith the Stat Inwhich the facility will be consi ered on them. They will that arise each year through such activities refueln of the plant. The Commisson involved s Is ated. ese procedures become effec ve 30 days aeter argued that the need to bolda* aring on will nomally ,rovide the pubic and the publication I the Federal Reg.stat.
each of these changes. If one Isrequested. States with or notice of NRC's Accordingly. nterested persons who would be burdensome to th Commuslon and deterlInatio Involving no signficant wish to com are encouraged to do aent could dirrupt te operation of anubr of lerations and with an so at the earl est possible time, but not plants. In order to evoid thisr problem. te opportunity comment on Its actions. later than 30 ay after publication. to Commisson arsked the Congress to rinstate permit the fudest consideration of their the authority that the Commission htd DaTr Efcecti date: May 1983. ITe exercised In simlar situations since lIZ A Commission Wites comments on this views.
reracking amendment bs sbstantally Interim final xle by May 0,1983. Backgound different fro the situatlons described by tbe Commentssoe elved after this date will C dommsin In requesting the Sholly be considere if It is practical to do so. A. Affecec JLegislatio& Reat fions amendment, because the need for rerakn but assuran of consideration cannot andProcedt?8 can be anticipated. beaus reracking be gven exce ,t as to comments When the 4tomic Energy Act of 1954 involves a substantial physical mcodilicatlon received on 0 before this date.
to the plant and because of te signifcance (Act) was adqpted in 1954. It contained attached to reracking by State and locul ADORESSEt 1 tten comments should no provision Which required a public officials and by the public. be sent to the cretary of the hearing on Iss:ance of a construction Finally. I believe thaet there are dston Comnmission] S Nuclear Regulatory permit or opetating license for a nuclear public policy reasons for continuing the Commnission Vashington. D.C. 2055 power reactor in the absence of a Commissions past practice of compleing Attention: Do~ etng and Service request from ;n Interested person. In bearings on reracking amendmnent proposl D~nan the amendment. T~ese of comnments received on 1957, the Act *asamended to require aeor pproving amendme as well as on the pubic policy reasons Includete m~usion stheg and thie Is that mandato y hearings be held before Interest and concern on th part of State and Rcgulatory yeis proposed in Issuance of b tho construction permit local governments and the public regaring connection aendments mthe may and an operatig cense for power reracking proposal and the estent tb wIch be n ed the Commission's Public reactors and trtain other facilities.
proceeding with rerckcing In*dvance of the Document Ro m at 7l H Street. NW. Public law 85258 (7 StaL 578) heaig may prejudice the later consideration Washiton amending sec on l89a. of the Act.
of other alternatives to the proposed FOR FUNMlER FORMATION eONTAC The 1057 amendments to the Act were rerackig plan Thomas F. Do an Esq, Office of the Interpreted by the Commission as For these reasonsaes a mastter of polcy. I requiring a "msndatory hearing before would not permit the use of the Sholly Executive Leg I Director. U.S. Nuclear amendment authority to approve rerakng Regulatory Cc snmlon. Washington. Issuance of amendments to construction amendments prior to the completion of any D.C. 2055. Te ephone: (301) 492-890. pernits and operating licenses. See. e requested hearing. I would therefore hav SUPPLEMENTA Heang Before the Subcommittee on added a provision to the Commissionse Legislation. lotat Committee on Atomic interimn final rule that would hav requird Introduction Energy. 87th Cpng.. ad. Seas. (April 17.
as apolicy matter, the completion of an Public Law 1715C signed on January 1962), at 6.) Paitially in response to the requested bearing on a spent fuel pool 4.1983. amonj other things. directs NRC administrative~rigidity and cumbersome rercking amendme nt before Comisson approval of thie amendment. to promulgate gulations which rocedures whIch this Interpretation Rooc~ .. establish (a) a andards for determining rce upon the Commission (see. oint whether an ar &endmentto an operating Committee on Attomic Energy Stafi license involv rs no significant hazards Study. "Improving the AEC Regulatory consideration (b) criteria for providing Process". Marci 1961, pp. 49-0). section
10 CFR Parts 2 u l0 or. In emerger situations, dispensing 189a. of the Act was amended in 1962 to with prior not ce and public comment on eliminate the requirement for a Notie and State aonsufttlon any such dete tminaton; and (c) mandatory pub'lic bearing except upon ACENmC Nuclear egulatory procedures fo consulting on such a the application for a construction permit Commission. determinatioc wth the State in which for a power or (sting facility. As stated the facility In, Ived is located. See In the report of the Joint Committee on Acmo Interim ai re. Conf. Rep. Ne 97;.'884 97th Cong., ad Atomic Energy whlch recommended the sUMimRY; Pursua t to Public aw 97- Ses. (19U2). 1 e legislation also amendments:
415. NRC Is amen in8 Its regulations (1) authorizes NY to issue and make Accordingly, a section will eliminate the to provide proced rer under which Immediately i ective an amendment to requirements for mandatdry hearing. except normally It would give prior notice of a license. upo a determination that the upon the applics on for a construction permit opportunity for a tearing on amendment It volver no significant For a power or tcoUng fclty Under this ives to amend hazards conslI1eraton (even though plain the Issuanc of amendments to such applications It ret construction perits and the Issuance of operating license for nuclear power NRC has befc e Itarequest for a hearing by an terested person) and in operating lcenae and amendments to such reactors and test, gfacilities (research construction permits. and the Issuance of reactors are not c vered) and prior advance of tb&holding and completion ep hearing. This rulemaking operating llcense4 and amendments to notice and reasor ible opportunity for of any requir operating llcense would be only after a 3D-
public comment c iproposed and request f o comments responds to day public notice nd an offer of hearing. In determinations al out whetheriase sstatutory trectie that NRC the absence of a quest for shearing.
Federal Register / Vol. 48. No. 67 / Wednesday, April 6. 1983 l Rules and Regulations 14873 requesting the en ctnent of the Sholly amendments Involve no sgsdficant expeditiously promulgate regulations on amendment the Dlmisslon described In hazards considerations, (2)to specify tems (b) and (c) above. NRC is also some detail the r uateons Inwhich It foresaw criteria for dispensing with such prior publishing separately In the Federal the need for thir athority te Commission notice and reasonable opportunity for Register Interim final regulations on Item emphasized the n ed for a arge number of public comment lb emegency situations.
unforeseen and anticipated changes to the- and (3)to furnish proce ures for These regulations are Issued, as final detailed technica speEastaons in the operating 3icense for nuclear powerplants consultafon on any such determinations though in interim form, and comments that aIse eaeh kr through such activities as with the State In which the facility will be considered on them. They will refuelIng of the pl tnt. The Commission involved Is located. These procedures become effective 30 days after -
argued that the d to hold a hearing an will normally provide the publc and the publication In the Federal Reg;ste.
each of these che *eLs If one is requested. S~tates with prior notice of NRCs Accordingly, Interested persons who would be burde Xne to the CommissIon nd determnhations Involving no significant wish to comment are encouraged to do could disrupt the peratlon of a number of hazards consliderations and with an plants. In order avoid this problem. the so at the earliest possible time, but not -
Commission ask I the Congress to reinstate opportunity to comment on Its actions. later than 20 days after publication. to the authority that the Commission had DA=E Effective date: May 1983 The permit the fullest consideration of their exercised Insil r situations since 16 A Commission Invites comments on this views.
rersckingaen ent is substantially interim final rule by May S 1983.
different from the situations described by the Comments received after this date will Badkgound Commisslon inr eusting the Sholly be considered if It is practical to do so, A. Affected gslation. Regulations amendment beca te the need for reacing but assurance of consideration cannot can be anticipate *because eaking andProcedures involves a ubs tial physical Duodlcation be given except as to comments When the Atomic Energy Act of 1954 to the plant and pcouse of the sgnificance received on or before this date. (Act) was adopted In 1954, It contained attached to rera by State nd rlocal ADDRESSE: Written comments should no provision which required a public officials and by rpublic. be sent to the Secretary of the hearing on issuance of a construction Finally. I believ that there are etrong Commission. US. Nuclear Regulatory permit or operating license for a nuclear public policy reas oontinuing the Commission. Washington. D.C 20555, power reactor in the absence of a CommissIons pas practice of completing Attention: Docketing and Service herings on rrac ~namendment propoals request from an interested person. In behre approving Pu mendmnent. These Branch. Copies of comments received on 1957, the Act was amended to require public policy reas Ins ude the strong the amendments as well as on the that mandatory hearings be held before Iterest nd wn on the part of State and Regulatory Analysis proposed In Issuance of both a construction permit local governmen and the publ1ic rearding connection with the amendments may and an operating license for power reracking proposal us ad the extent to which be examined in the Commission's Public reactors and certain other facilities.
proceeding writh rcklnr In advance of the Document Room at 1717 H Street. NW,, Public Law 85-258 (71 Stal. 578)
hiearing masy prej ce later consideration Washington D.C. amending section l8a. of the AcL of other aiternativ F to the proposed rerackdng plan FOR FURTHER INFORMAMON eONTACr. The 1957 amendments to the Act were For these ressor sass matter of policy. i Thomas F. Dorian. Esq. Office of the interpreted by the Commission as would nat permit I e use of the Sholly Executive Legal Director, U.S. Nuclear requiring a "mandatory hearing" before amendment authoi ty to pprove reacking Regulatory Commission. Washington. issuance of amendments to construction amendments prior eompleton of any D.C 20555. Telephone: (301) 492-890 permits and operating licenses. See eg.
requested hearing. ¢ vould therefore h SUPPLEMENTARY INFORMATIOC Hearing Before the Subcommittee on added a provision ko the Commisstons Legislation. Joint Committee on Atomic interim final rule C at would have required. Introduction as a policy matter,,the completion of any Energy. 87th Cong., 2d. Seus. (April 17.
requested hearing an a spent fuel pool Public Law 27-415. signed on January 1982). at 6.) Partially In response to the reracking amendm rnt before Commission 4. 1983, among other things, directs NRC administrative rigidity and cumbersome approval of the an !ntent . to promulgate regulations which procedures which this interpretation pa DcL m2rb ad4 sowa;< establish (a) standards for determining forced upon the Commission (see. Joint m.t coDE n whether an amendment to an operating Committee on Atomic Energy Staff license involves no significant hazards Study, "Improving the AEC Regulatory consideration. (b) criteria for providing Process", March 1981, pp. 49-50), section
10 CFR Parts 2 and 60 or, in emergency situations, dispensing 16Ba. of the Act was amended in 1292 to with prior notice and public comment on eliminate the requirement for a Notice and State Consultation any auch determination, and (c) mandatory public hearing except upon procedures for consulting on such a the appli cation for a construcUon permit AomNC= Nuclear Regulatory Commission. dtermsination with the State in which. for a power or testing faclity. As tated the facility involved Is located. See In the report of the Joint Committee on ACTIN Interim final rule. Conf Rep. No. 97-84.97th Cong. Zd Atomic Energy which recommnended the SuWmARY. Pursuant to Public Law 97- Sess. (982). The legislation also amendments 415. NRC is amending Its regulations (1) authorizes NRC to issue and make Accordingly, this section will eliminate the to provide procedures under which Immediately effective an amendment to requirements for a mandatory hearing, except normally It would give prior notice of a license, upon a determination that the upon the application for a construction permit opportunity for a hearing on amendment involves no sigificant for a power or testing facility. Under this applications It receives to amend hazards consideraton (even though plan. the Issuance of amendments to such operating licenses for nuclear power NRC has before It a request for a construction permits. and the Issuance ot hearing by an Interested person) and in operating licenses and amendments to such reactors and testing facilities (research Construction permits, and the Issuance of reactors are not covered) and prior advance of the holding and completion operating licaense and amendments to notice and reasonable opportunity for of any required hearing. This rulemaking operating licenses, would be only after a 20- public comment on proposed and request for comments responds to day public notice and cn offer of heari. in determinations about whetherhese the statutory directive that NRC the absence ol a re~quest for a heaig
148;4 Fedoral Register I Vol. 48. No. 67 / Wednesday, April 6, issuance of an amendment la a construction the olding of a public beaing and an Appeals for the District of Columbia permit. or Issuance of an operat license. or application is mde for an operating licens Circuit ruled that, under section 19a.-of an amendment to an operating license. would or for an amendment to a consasuction permit the Act. NRC must hold a prior hearing be possible without forms! proceedings. but or operating license, the Commission may bhefore an amendment to an operating on the public record. It will also be possib hold beearing aftcr at least 30 days notice license for a nuclear power plant can for the Commission ¶Fedi'ense witthe 3c - and publication once in the federa Realtor become effective, If there has been a day notie requirement wfcre the application or, In the absence of a request therefor by Dresents no significant hazards consideration. any person whose interest may be affected. request for hearing (or an expresion of criterion is presently being applied by may Issue an operating licene or an interest in the subject mater of the the Commission under the terms of AEC amendment to a construction permit or proposed amendment which Is euffiedent Regulat1.ns S 59. House Report No. 129f operating license without a bearing upon 30 to constitute a request for a bearing). A
th Cong Z -Ss.. p, days notice and pUblication once tn the prior hearing, said the Courl is required Feder Register oi't ntent to do so. If the even when NRC has made a finding that Thus, according to the 1862 Commission finds that no sficant hazards amendments, a mandatory public consideration Ir presented by an application a proposed amendment involves no hearing would no longer be required permt or significant hazards consideration and for an amendmoent to a eito before Issuance of an amendment to a operating license, It may dipense with has determined to dispense with prior construction permit or operating license notice and publication and Issue the notice In the Federal Register. At the and a thirty-day prior public notice amendmenL request of the Commission and the would be required only Uithe proposed The Commisdon's practice with Department of justice. the Supreme amendment Involved a agunificant regard to license amendments Involving Court agreed to review the Court of hazards consideration." In sum. section no significant hazards consideration Appeals' interpretaion of secton I8a,.
189a. of the Act, now provides that. (unless, as a matter of diusretion, prior of the A The Supreme CowlS has upon thirty-days' notice published in the notice was given) was to Issue the remanded the case to the Court of Federal Register, the Commission may amendment and then publish in the Appeals with instructions to vacate It If Issue an operating license, or an Federal Register a "notice of Issuance." It is moot and, if it Is not. to reconsider It amendment to an operating license, or See I 2.106. In such a case, interested In light of the new legislation.
an amendment to a construction permit. members of the public who wished to The Court of Appeals' decision did for a facility licensed under sections 103 object to the amendment and request a not Involve and has no effect upon the or 104b. of the Act. or for a testing hearing uld do so, but a request for a Commision's authority to order facility licensed under section 20ic., hearing did not. byr Itiel suspend the Immediately effective amendments.
without a public hearing if no hearing Is effectiveness of the amendment. Thus, without prior notice or hearing. when requested by any interested person. both the notice and hearing. If one were the public health, safety, or hnterest so Section 189a. also permits the requested occurred after the- requires. S.., Administrative Procedr Commission to dispense with such amendment was Issued. Act. section 9(b), 5 USC. 558(c, section thirty-days' notice and Federal Register of the Atomic Energy Act. and 10 publication with respect to the Issuance It ls fImportant to bear Imin d tfiat there Isno 161 CFR 2202(1) and 2.204. Similarly, the k caakty nlficanee to the mIo of an amendment to a construction dgcisderation" standard. Court did not alter existing lw with Eermit or an amendment to an operating Wether or not an acton rquires prior regard to the Commission's pleading icense upon a determination by the notice, no licese and no amendment my be requirings. which are designed to enable Commission that the amendment issued unless the Commission concludes that the Commission to determine whether a Involves no significant hazards It provides reasonable assnrance that the - person requesting a hearing ,. In fact.
consideration. These provisions have public health and safty w not be an "interested person" within the been incorporated into I I 2Lim5.2L10i, enDtangered and that the action wvill niot he meaning of section 189a.-that is, cal to the common defense and security t0o58(a) and (b) and 50.91 of the or to the health and safety of the public. See. whether the person has demonstrated Commission's regulations. eg. 1057(Me). Also wbether or not an standing and Identified one or more The regulations provide for prior amendment entails prior notice. nso Issues to be litigated See. BPI v. Atomic notice of a "proposed action" on an amendment to any license may be Issued Energy Commission. 502 F.2d 424, 428 application for an amendment when a unless It onforms to all applicable (D.C. Cir. 1974), where the Court stated determination Is made that there Is a Comnmission safety etandards. Tus, the "no that. 'Under Its procedural regulations It significant hazards consideration and significant hazards consideration standard is not unreasonable for the Commi sion provide an opportunity for Interested has been a procedural standard only.
governing whether public notice of a to require that the prospective members of the public to request a proposed action must be provided, before the intervenor first specify the basis for his hearing. See 11 L105(a)(3) and 0S.1. action is tdake by the Commission. short, request for a hearing." Hence, if a requested license the no signifcant hazad consideraffon" However, the Commission believed amendment Is found to involve a andard has been a notice standardand has that legislation was needed to change significant hazards consideration, the had no substantive safety sicance othr the result reached by the Court in Sholy amendment would not be Issued until than that attributable to the proces of prior because of the implications of the after any required hearing Is completed notice to the public to the public a requirement that the Commission grant or after expiration of the notice period. ueasonable opporty for a earn a requested hearing before It could issue In addition I 50.58(b) further explains B The Sholly DecisIon andthl New a license amendment Involving no the Commission's hearing and notice Legislaton significant hazards consideration.The procedures, as follow: The Commission's practice of not Commission believes that. since most Tle Commassion will hold a hearing after roviding an opportunity for a prior requested license amendments involving at least 30 days notice and publication once tearing on a license amendment not no significant hazards consideration ar In the Federal Register on each application Involving significant hazards routine in nature, hearings on such for a construction permit fora production or considerations was held to be Improper amendments could result In disruption utilization facility which Is of a type in Sholly v. NRC 6512 F.2d 780 (1980). described in I 5021(b) or I S022 or which Is or delay in the operations of nuclear rehearing denied. 51 F.2d 792(l98). powerplants and could impose a testing facility. When a construction permit cert gSnted 101 S.CL 3004 (1981) - hbs been Issued for such a facility following regulatory burdens upon it and the (Sholly). In that case the U.S. Court of
I Vol. 48. No. 67 1 Wednesday, April 6, 1983 / Rules and Regulations 14875 Federal Register amendment made by subsection (a). to Issue public comment on a proposed determination nuclear industry that are not related to and to make immediately effective any that a license amendment Involves no significant safety matters. Subsequently. amendment to an operating license shall take significant hazards consideration reflects the on March 11, 1981, the Commission effect upon the promulgation by the conferees intent that. wherever practicable.
submitted proposed legislation to Commission of the regulations required In the Commission should publish prior notice Congress (introduceqasl S. 2) that - ' such provisions. of and provide for prior public comment on.
would expressly authorize it to Issue a such a proposed determination.
license amendment before holding a Thus. as noted above. the legislatlon In the context of subsection (2XC)(I). the hearing requested by an interested authorizes NRC to issue and make conferees understand the term "emergency person. wEen it has made a Immediately effective an amendment to situations" to encompass only those rare an operating license upon a cases In which immediate action l necessary determination that no significant determination that the amendment to prevent the shutdown or derUting of an hazards consideration is involved in the involves no significant hazards operating commercial ector ... The amendment Commission's regulations should Insure that After the House and Senate conferees consideration, even though NRC has before It a request for a hearing from an the Emergency situations" exception under considered two similar bills. HR. 2330 Interested person. At the same time. section 12 of the conference agreement will and S. 1207, they agreed on a unified not apply If the licensee has failed to apply version (see Conf. Rep. No. 97-8 .97th however, the legislative history makes It for the license amendment In a timely Cong. 2d. Ses. (1982)) and passed Pub. clear that Congress expects NRC to hfshon. Inother words, the licensee should L 97-414. Specifically. section 12(a) of exercise Its authority only in the case of not be able to take advantage of the that law amends section 189a. of the Act amendments not Involving significant emergency Itself. To prevent abuses of this by adding the following with respect to safety questions. The Conference Report provision. the conferees expect the license amendments involving no states: Commission to independently assess the licensee's reasons for failure to file an significant hazards considerations: The conference agreement maintains the application sfficiently in advance of the
(2XA)The Commission way issue snd iequirement of the current section IMa. of the threatened closure or derating of the facility.
make Immediately effective any amendment Atomic Energy Act that a hearing on the Conf. Rep. No. 97-8 97th Cong. ad Se. at to an operating license, upon a determination license amendment be held upon the request by the Commission that such amendment of any person whose Interest maybe Involves no significant hazards consideration. affected. The agreement simply authorizes C. Notice for Public Comment mid for notwithstanding the pendency before the the Commission, In those cases where the OSportunt for a Hearin.
Commission of a request for a hearing from amendment Involved poses no significant hazards consideration. to issue the license The. Commission has decided to adopt any person. Such amendment may be Issued the notice procedures and criteria and made immediately effective in advance amendment and allow it to take effect before of the holding and completion of any required this hearing is held or completed. The contemplated by the legilation with hearing In determlning under this section conferees intend that the Commission will espect to determinations about no whether such amendment involves no use this authority carefully, applying It only da icant hazards consideration. In significant hazards consideration, the to those license amendments whilch pose no addition it has decided to combine th.
Commission shall consult with the State in significant hazards consideration. Id.. at 37. notices for public comment on no which the facility Involved is located. In all In ths regard. the Senate stressed. significant hazards considerations with other respects such amendment shall meet the notices for opportunity for a hearing.
the requirements of this Act. Ut strong desire to preserve for the public a meaningful right to participate In decisions thereby, normally providing both prior (BEThe Commiulon shall periodically (but notice of opportunity for a earing d not less frequently than once every thirty regarding the commercial use of nuclear days) publish notice of any amendments power. Tu he provison does not dispense prior notice for public comment of Issued, or proposed to be Issued, as provided withi te requirement for e hearing. and the requests It receives to amend operating in subparagraph (A). Each such notice shall NRC If requested [by an intereted person). licenses of facilities described In include all amendments issued. or proposed must conduct a hearing after te licensue I S21(b) or I 22 or oftesting to be Issued. since the date of publication of amendmenit tkes effect. S S. kep. No. l7- facilities.
the last such periodic notice. Such notice 1 97th Cong. 1st Sess. at 14 (18J. With respect to opportunity for a shall, with respect to each amendment or The public notice provision was hearing, the Commission would amend proposed amendment (i)Identify the facility explained by the Conference Report as I2LIDS to specify that It could normally Involved. and (U)provide a brief description of such amendment. Nothing In this Issue In the Federal Register at least - subsection shall be construed to delay tie he conferees note that the purpose of monthly a list of "notice of proposed effective date of any amendment. rquiring prior noticland an opportunity for actions" on requests for amendments to (C) The Commission shall during the public comment before a icense amendment operating licenses. These monthly ainety-day period following the effective data may takce effect, as provided Insubsection notices would provide an opportunity to of this paragraph. promulgate rgations 2JC)(il) for all~but emergency situations. Is request a hearing within thirty days. The establishing (i) standards for determining to alow at leat a mimum level of citizen Commission would also retain the whether any amendment to an operating iput Into the threshold question of whether option of Issuing individual notices, as It license involves no significant hz te proposed license amendment Iinvolves consideration; (11)criteria for providing or. In ignificant health or safety iues While this sees fit. If the Commission does not emergency situations, dispensing with prior eubsection of the conference agreement receive any request for a hearing on an notice and reasonable opportunity for public sreserves for the Commission ubstantial amendment within the notice period. it comment on any such determination, which to tilor the notice and comment fexibilty would take the proposed action when it criteria shill take into account the exigency procedures to the exigency of the need for the has completed Its review and made the of the need for the amendment involved; and lcense amendment, the conferees expect the necessary findings. If it receives such a (Hlil procedures for consultation on any such content, placement and timing of the notice to request, It would act under a new determination with the State in which the be reasonably calculated to allow residents I 50.91, which describes the procedures acility involved b located. of the area surrounding the facility an adequate opportunity to formulate and and criteria the Commission would use Section 12(b) of that law specifies submit reasoned comments. to act on applications for amendments that The requirement In subsection 2(CXII) that to operating licenses involving no (b) Te authority of the Nuclear Regulatory r the Commission promulgate criteria for significant hazards considerations. (Te Commission. under the provisions of the providing or dispensing with prior notice end Interim final rule on "Standards for
14876 Federal Register / Vol. 4a, No. 57 / Wednesday. April 6, 1983 / Rules and Regulations II Determining Whether Ucense amendment requests received for which where It has determined that no Amendments Involve No Significant the Commission Is publishing notice significant hazards consideration Is Hazards Considerations," published under 1O2105, It would also provide a Involved. The Commission wishes to separately in the Federal Register. reasonable opportunity for public state In this regard that any qestio redesignated the present1 50.1 -a comment by nlotlg this and about Its stairs determinations on the 1502.) =~ - amendment requests received since the Issue of significant versus no sinificant To implement the main them of the last sch mont-hly notice, and, like an hazards consideration that y be legislation, under new I 5M0the Individual notice, (a) providing a brief raised in any bearing on the mendment Commission would combine a notice of description of the amendment and of the wig not stay the effective data of the opportunity for a hearing with a notice fcility Inolve O noting the propo ed amendment.
for public comment on any proposed no signlificant hazards consideration The'Commilsson believes that te determination on no significant hazards de terminati on, (c) s oliciting public procedure just described would be Its consideration. Additionally, new 1 6091 comnment on t~he determination, and (d) ual way of handling license would permit the Commission to make providing for a 20-day comment period. amendments, because most of these do an amendment Immediately effective in While It Is awaiting public comment, not involve emergency or exigent advance of the holding and completion the Commission would proceed with the situations and do not entail a of any required hearing where It has safety analysis. In this context, the determination that significant hazad determined that no significant hazards Commission wishes to note that, though consideration Is involved. ese three consideration Is involved. Thus. I 50.91 the substance of the public comments situations and other unusual ones could would build upon amended I LIDS. could be litigated In a hearing, when one arise though.
providing details for the system of is held. neither it nor its Boards will Returning to the initial receipt of an Federal Register notices. For instance. entertain hearin; requests on its actions application, If the Commission receives exceptions would be made for with respect to these comments. It an amendment request and then emergency situations, where no prior believes that this Is In keeping with the determines that a significant hazard notices (for opportunity for a hearing legislation which states that public consideration Is involved, It would and for public comment) might be comment cannot delay the effective date handle this request In the same way It Issued. assuming no ignificant hazards of an amendment. does now, by issuing an Individual considerations are Involved. In s othis After the public comment period. the notice of proposed action and providing system would add a "notice for public Commission would review the an opportunity for Ehearing under comment" under I 5095 to the present comments. consider the safety analysi, I LIDS. The only change in its pst system of "notice of proposed action" and reach Its final decision on the procedure would be that It could notfiy under I L205 and 'notice of Issuance" amendment request If It decides that no the public of the final disposition of the under f L106 Under this new system, significant hazards consideration Is amendment by noting Its Issuance or the Commission would require an involved, ft would publish an Individual denial In the monthly Federal Register applicant requesting an amendment to "notice of Issuance" under I LIOB or notice Instead of in an Individual notice.
Its operating license (I) to provide Its publish the notice of Issuance hI its Another possibility might be that the appraisal on the Issue of sinicant system of monthly Federal Register Commission receives an amendment hazards, using the standards In I 59 notices, and thus dose the public record. request and finds an emergency and the examples discussed tn the Note that the Commission would not situation, where failure to act in a timely separate Federal Register notice. and make and publish a final determination way would result in derating or (2). If it Involves the emergency or on no significant hazards consideration shutdown of a nuclear power plant. In exigency provisions, to address the because such a determination Is needed this case, also discussed later In features on which the Commission must only If a hearing request Is received and connection with State consultation, ft make Its findings. (D~th points will be the Commission decides to make the may proceed to Issue the license discussed later.) amendment Immediately effective and amendment, If it determines, among When the Commission receives the to provide a hearing after Issuance other things. that no significant hazards amendment request, as described below r rather than before. consideration Is Involved. In this it would first decide whether there Is an If it receives a hearing request during circumstance, the Commission might not emergency or an exigency. If there Is no the comment period and the necessarily be able to provide for prior emergency. It would then make a Commission has decided that no notice for opportunity for a hearing or preliminary decision, called a `proposedI significant hazards consideration is for prior notice for public comment and determination.' about whether the involved, It would prepare a "final mgt hereore use Its present amendment involves no significant deternination" On that Issue, make the procedure, publishi an indivdual hazards consIderation-normally, this requisite safety and public health notice of Issuance under I Z108 (which would be done before completion of the findings, and proceed to Issue the provides an opportunity for a hearing safety analysis (also called safety amendment The hearing request would after the amenden tssued.) evaluation). In this determination, ft be treated the same way as In previous Additionally, the Commission's monthly might accept the appllcant's appraisal In Commission practice, that is, by Federal Register notice system woud whole or in part or It might reject the providing any requisite hearing after the note the Commitlon's action on the applicant's appraisal but, nonetheless, amendment has been Issued. As amendment request and, thereby, reach the same conclusio explained before, the legislation permits provide an opportunity for public At this stage, If the Commission the Commission to make an amendment comment In connection with emergency decides that no significant hazards immediately effective, notwithstanding requests, the Commission expects Its consideration Is involved, It could issue the pendency before it of a request for a licensees to apply for license an individual Federal Resister notice or hearing Irom any person (even one that amendments In a timely fashion. It will list this amendment In its monthly meets the provisions for intervention in decline to dispense with notice and publication In the Federal Register. This 1 L214). in *dvance of the holding and comment on the no sgnificant hazards monthly publication would not only list completion of any required hearln& consideration determination. If It
. .,
I r Federal Resdeter / Vol 48 No. J7/ Wednesday. April 6, 1983 / Rules and Regulatios 14877 determines that the applicant hu failed public of the licensee's amendment It should also be noted that these to make a timely application for the request. In these Instance&, the procedures only apply to license amendment In order to create the Comminsslon will provide the public a applications The Commison may, emergency and to take advantage of the reasonable opportunity to comment on unde r ex istin g 5! LZ Zf and Z )4 emergency provisI W-,henevhr a the proposed no'dgnlficant haard make a determination that the public threatened closure or ierating Is determination To ensure that the health, safety. or Interest requires It to involved. the Commission expects the comments are received on time, the order an amendment without prior applicant to explain to It why this Commission may also set up Insuch a notice for public comment or emergency situation has occurred and situation a toll-free hotline, allowing the opportunity for a hearing. In this cas why the applicant could not avoid It the oublic to telephone their cmuments to the Commission would follow Its Commission will assess thi applicants MC on the amendment request. It -present procedure and publish an reasons for failure to file an application should be noted that this method of Individual notice of Issuance in the sufficiently in advance of that event. prior notice for public comment will be Fderal Register and provide for an Still another possibility might be that In addition to the routine notice of the opportunity for a hearing on the order.
the Commission receives an amendment amendment In the monthly Fedral This new system would change only request and finds an exigency, that is, a Register compilation or to any the Commission's noticing practices; It situation other than an emergency individual notice of hearing that may be would not alter the Commission's where swift action is necessary. The published. It will not affect the time hearing practices. The Commssion has legislation, quoted above, states that the available to exercise one's opportunity attempted to provide noticing Commission should establish criteria to request a hearing, though it may procedures that are adInistratively which 'take Into account the exigency provide that opportunity oply after the mple, Involve the least cost. do not of the need for the amendment." The amendment has been issued, when the entai undue delay, and allow a Conference Report, quoted above. points Commission has determined that no reasonable opportunity for public out that "the conference agreement significant hazards consideration Is comment; nevertheless, they are quite preserves for the Commission involved. burdensome and Involve ignificant substantial flexibility to tailor the notice The Commission will use thse resource impacts and timing delays for and comment procedures to the procedures sparingly and wants to make the Commission and for icensees exigency of the need for the 11cmn sure that Its licensees will not take requesting amendments. Ucensees amendment" and that "the conferees advantage of these procedures. would be able to reduce these delay,. expect the content, placement and Therefore, It will use criteria, somewhat under the proposed procedures, by timing of the notice to be reasonably similar to the ones It will use with providing to the Commission their calculated to allow residents of the area respect to emergency situations, to appraisals on the issue of significant surrounding the facility an adequate decide whether It will shorten the hazards. There might also be other ways opportunity to formulate and submit comment period and change the type of to make the notcing procedure simpler reasoned comments." notice normally provided. Consequently, and to assure that the opportunity for The Commission believes that In connection with requests indicating public comment Is not curtailed. The extraordinary situations may arise, an exigency, the Commission expects Its Commission Is therefore particularly short of an emergency, where a licensee licensees to apply for licase interested in comments addressing the and the Commission must act quick amendments in a timely fashion. It will workability of Its proposed noticing and where time does not perit the not change Its normal notice and public procedures.
Commission to publish a F l comment practices where It determines Finally, with respect to amendment Register notice soliciting public that the licensee has failed to use its requests received before the Interim comment or to provide 30 days best efforts to make a timely application final rule takes effect. the Commission ordinarily allowed for public comment. for the amendment Inorder to create the proposes to keep Its present procedures For instance, such a circumstance may exigency and to take advantage of the and not provide notice for public arise where a licensee, while shutdown exigency provision. Whenever a cmment on amendment requested on for a short time, wishes to add some licensee wants to use this provision, It will have to explain to the Commission which the Commission has not acted component clearly more reliable than before the effective date of the Interim one presently installed or wishes to ue the reason for the exigency and why the final rule.
a different method of testing some licensee cannot avoid It the Commission will asseU the licensee's D State Consultatlo system and that method is dearly better As noted above, Public Law 97-4 than one provided for In Its Technical reasons for failure to file an application Specifications. In either case, the sufficiently In advance of Its proposed requires the Commission to consult with action or for Its inability to take th. the State in which the facility involved licensee may have to request an is located and to promulgate regulations amendment, and, if the Commisson action at some later time. which prescribe procedures for such determines, among other things, that no Another different circumstance may also present Itself to the Commission. consultation on a determination that an significant hazards consideration Is amendment to an operating license involved. It may wish to grant the For Instance, Itcould receive an involves no significant hazards request before the licensee starts the amendment request with respect to consideration. The Conference Report plant up and the opportunity to improve which It finds that It is in the public cited earlier, stated that the conferees the plant is lost. interest to offer an opportunity for a expect that the procedures for State In circumstances such as the two Just prior hearing. In this case, It would use consultation would include the following described, the Commission may use Its psresent Individnal notice proe elements: media other than the Federal Register. and notify the public about tae final for example, a local newspaper disposition of the amendment in anotc (!) Tbe State would be notified of a published near the licensee's facility. of Issuance or denial In Its monthly licensees request for an amendment widely read by the residents in the area Federal Register notice, instead of In an (2)The State would be advised of the surrounding the facility, to Inform the individual notice. .NRCS evaluation of the amendment request
.14878 Federal Register / Vol. 48. No. 07 / Wednesday. April S. 1983 1 Rules and Regulatidhs
(3)p e NRCs proposed determination on the State official designated to consult Regulatory Analysis whether the license amendment Involves so - with it together with a request to that The Commission has prepared a slgnificani hazards consideration would be person to contact the Commission if discussed with the State and the NRCs Regulatory Analysis on these there is any disreement or concern amendments, assessing the costs and reasons for making that determination would- about its proposed determination, l it be explained to the StlNli benefits and resource Impacts. It may be (4)The NRC would listen to and consider does not bear from the State in a timely examined at the address indicated any comments provided by the State official manner. it will consider that the State above.
designated to consult with the NRC and has no interest In Its determination-4n General notice of proposed
(5)The NRC would make a good faith this regard. the Commission intends to rulemaking Is not required for this attempt to consult, with the State prior to make available to the designated State Interim final rule because the issuing the license amendment. officials a list of its Project Managers amendments by their nature concern At the same time, however. the and other personnel whom it has rules of agency procedure and practice.
procedures for State consultation would designated to consult with these officials-but, nevertheless, before It Accordingly, pursuant to the Atomic not, Energy Act of 1954 as amended. the Issues the amendment. It will telephone Energy Reorganization Act of 1974. as
(1) Give the State a right toveto the the appropriate State official for the proposed NRC determnnation;
ction. amended, and sections 552 and 533 of
(2)Give the State a right to e hearing on the purpose of consua Title 5 of the United States Code, notice NRC determination before the amendment In an emergency sitation, the becomes effective: Commission would do its best to consult Is hereby given that the following
(3)Give the State the right to insist upon a with the State, before it makes a final amendments to 10 CFR Parts 2 and S0
postponement of the NRCdeterminatdon or determination about no ainiicant are published as a document subject to Issuance of the amendment: or hazards consideration, by simply codification.
(4)Alter present provisions of law that telephoning the appropriate State reserve to the NRC exclusive responsibility Ust of Subjects for setting and enforcing radiological health official before It Issues an amendment Finally. the Commission wishes to 10 CFR Part and safety requirements for nuclear power plants. note two points in connection with the Administrative practice and In requiring the NRC to exercise good faith legislative history. First, though the procedure, Antitrust. Byproduct In consulting with a State In determining Commission intends to give careful material, Classified information.
whether a license amendment Involves no consideration to the comments provided Environmental protection. Nuclear significant hazards consideration, the to it by the affected State on the materials. Nuclear power plants, and conferees recognize that a vy limited question of no significant hazards number of troly exceptional cases may arise reactors, Penalty, Sex discrimination, when the NRC despite Its pood faith efforts. consideration, the State comments are Source material, Special nuclear cannot contact a responsible State official for advisory to the Commission; th material. Waste treatment and disposal.
purposes of prior consultation. Inability to Commission remains responsible for consult with a responsible State official making the final administrative decision lo CFA Part go following good faith attempts should not On the question. Second, State Antitrust. Classified information. Fire prevent the NRC from making effective a consultation does not alter present license amendment Involving no significant prevention. Intergovernmental relations, provisions of law that reserve to the Nuclear power plants and reactors.
hazards consideraton, If the NRC deems It Commission exclusive responsibility for necessary to avoid the sbut-down or derating Penalty, Radiation protection. Reactor of a power plant. M. at 39. setting and enforcing radiological health sing criteria, Reporting requirements.
and safety requirements for nuclear The Commission believes that tde law power plants. PART 2- RULES OF PRACTICE FOR and Its legislative history are quite DOMESTIC LICENSING PROCEEDINGS specific. Accordingly, it proposes to
Paperwork Reduction Act Statement
adopt the elements described in the This rule contains a new reporting 1. The authority citation for Part 2 is Conference Report quoted above in requirement ivhlch the Office of revised to read as follows: those cases where it makes a proposed Management and Budget approved Authority. Secs. 161 11.68 Stat 94933.
determination on no significant hazards under 0M- No. 3150-0011 for the as amended (42 U.S.C 220s. 2231; sec. 191, as consideration. Normally, the State Commission's use through April 30,1985. amended. Pub. L 57615,7 Stat 40 (42 consultation procedures would work as U.SC. 2241r; sec. 2m1 8 Stat I2 as follows. To make the State consultation Regulatory Flexibility Certification amended (42 USC. 541); 5 U.SC. 52 process simpler and speedier. the In accordance with the Regulatory (Sec. LIM also issued under ses. 53. 62.
Commission would require an applicant Flexibility Act of 1980, 5 U.S.C. 05(b). 63, 61. 10, 10t. 105. 68 Stat. en930 933.M, requesting an amendment to send a the Commission certifies that this rule us 937,938 as amended (42 U.S.C. 07
20 2093,2111.2133.2134.2123); sec. 102.
copy of Its appraisal on the question of does not have a significant economic Pub. L 91-190.63 Stat. 853. as amended (42 no significant hazards to the State in impact on a substantial number of small US.C. 4332); sec. 301.8 Stat 1248 (42 USC.
which the facility involved is located. entities. This rule affects only the 5871) Sections 2.102 103. 104.2.105. rrn (The NRC is compiling a list of State lcensing and operation of nuclear also issued under secs. 102.103. 104 105.13.
officials who have been designated to power plants nd testing facilities. The 189. 68 Stat. 936,937, UB 954.155 as consult with it on amendment requests companies that own these plants do not amended (42 U.S.C. 2132.2133.2134 2sin Involving no significant hazards fl witin the scope of the definition of 2233.2239) Section .105 also Issued under considerations; It Intends to make this Wamall entities" set forth In the Pub. L 97-41L 96 Stat Z073 (42 U.S.C. 2 ) list available to all Its licensees with Regulatory Flexibility Act or the Small Sections W.200-208 also issued under eam.
158234. 68 Stat 955 U Slat. 444. as amended facilities covered by I 50.21(b) or 1 6012 Business Size Standards set out In (42 U.S.C 23, 222): sec. 208. U Stat. 124 or with testing facilities.) regulations Issued by the Small Business (42 US.C 848). Sections 2.600-e2e also The Commission would send Its Administration at 13 CFR Part 121. Since Issued under sec. 102. Pub. L 91-19o u3 Stal..
Federal Register notice, or other notice these companies are dominant in their W3. as amended (42 U.S.C. 4332). Sections in case of exigent circumstances. service areas, this rule does not fail 2700a. L719 also issued under 5 U.S.C.S4.
containing its proposed determination to within the purview of the Act. Sections 2754. V70270 also Issued under S
"- 1-- 21--1 U- " n w I WorAnonmnv- Anrfl A. 1983 I Rul~es and Resulations off. 147
14879 C @uctut Z 1b5UYIfs* '-NW a- '1 j J' - -- - U.S.C. 557. Sections 2.70 also Issued under 0102 also issued under sec 1868 UIsC issuance. even If adverse public sec. 103. 68 Stat 936. as amended (42 U.S.C. 955 (42 U.S.C. 2238).) comments have been received and even 2233) and 3 US.C. 552 Sections 2.8 and For the purposes of ec 2m.e8 Stat. 938.as ff an Interested person meeting the 2.808 also iuued under 5 U.S.C. 3 Section amended (42 U.S.C 2273]. it 50.10(a) (O provisions for Intervention called for In 2.609 also issued under t U.S.C. 553.and sec. and (c), 50.44. 50.48. 50.48. 0.54. and B500 I 2L714 has filed a request for a bearing.
29. Pub. L 5-258. ?lts 5. as aended. are issued under sec. 2S1b. 68 Stat. 148. as Ite Comminsion need hold any required
(42 U.S.C. 2039). Appendix A also Issued amended (42 U.S.C. 22012(b)): I 5.10(b) and hearing only after it issues an under sec. S.Pub. L n1-8664 Stat. 147 (42 (c) and 50.54 are issued under sec. 131L 68 amendment. unless It determines that a U.S.C. 2133). Stat. 949. as amended (42 U.S.C. 2Z1l and It5055(e). 50.59(b). 50.70.50.710S ad significant hazards consideration Is
2. In t 2.15 paragraphs (a)(4) through 5078 are issued under mec. 160o .6 Stat. 950, involved.
(a)(B) ue tdesinated as paragraphs u amended (42 U.SC. 2201()) (5)Where the Commission finds that (a)(5) through (a)(9) a mew paragraph 4. A new 1 01 Is added to Part s0 to an emergency situation exists, in that (a)l Is added, and redesignated failure to act in a timely way would paragraph (a)(5) is revised, as follows: read as follows:
result In derating or shutdown of a oiles of Piooed action.
50.91 Notice for pubic GOwneot Sta nuclear power plant, Itmay issue a I l105 consultstion license amendment involving wo
(4) An amendment to an operating Tle Commission will use the ignificant hazards consideration following procedures on an application without prior notice and opportunity for license for a facility licensed under received after May 6,1983 requesting an a hearing or for public comment In such I 50.21(b) or 50.22 or for a testing amendment to an operating license for a a circumstance. the Commission Will not facility, as follows: facility licensed under I 50.21(b) or (I) lithte Commssion determine. publish a notice of proposed
0.22 or for a testing facility; determination on no significant hazards under I 50.S8 that the amendment (a) Noticeforpubliccoment-{1) At consideration, but will publish a notice involves no significant hazards the time a licensee requests an consideration, though It will provide of issuance under I 2.10M providing for amendment. it must provide to the opportunity for a hearing and for public notice of opportunity for a hearing Its analysis. sing the pursuant to this section. It may make the Commission standards in i 50.92. about the Issue of comment after issuance. The amendment Immediately effective and Commission expects Its licensees to no significant hazards consideration. apply for license amendments In a grant a hearing thereafter; or (2) he Commission may publish in timely fashion. It wil decline to (ii) If the Commission determines the Federal Register under 12.105 either underlIS0,58.andlSO50 lthat an dispense with notce and comment on an individudl notice of proposed action the determination of no significant emergenc or exigent situation exists as to which it makes a proposed and that the amendment Involves no determination that no significant hazards consideration. If It determines
-significant hazards considerations. tt that the licensee has failed to make a hazards consideration Is involved, or. at timely application for the amendment In will provide notice of opportunity for a least once every 30 days. a monthly hearing pursuant to 1 2.106 (if a hewing order to create the emergency and to notice of proposed actions which take advantage of the emergency is requested. 1t will be held after identifies each amendment isued and issuance df the amendment); provision. Whenever a threatened
* . . . .
each amendment proposed to be issued closure or derating Is Involved, a since the last such monthly notice. For licensee requesting an amendment must
(6)An amendment to a license each amendment proposed to be issued.
specified in paragraph (a)(5) of this either notice will (I)contain the stafE' explain why this emergency situation section. or an amendment to a occurred and why It could not avoid this proposed determination. under the situation. and the Commission will construction authorization granted In standards in 1 50.92, (Ii)provide a brief assess the licensee's reasons for failure proceedings on an application for such a description of the amendment and of the license, when such amendment would to file an application sufficiently In facility involved. (liI) solicit public advance of that event authorize actions which may comments on the proposed significantly affect the health and iafety determination, and (iv)provide for a 30- (6)Where the Commission finds that of the public or day comment period. Normally, the. exigent circumstances exist. In that a
* * * * 0
amendment will not be granted until licensee and the Commission must act quickly and that time does not permit after this comment period expires. the Commission to publish a Federal PART 50-DOMESTIC LICEMSING OF (3)The Commission may inform the PRODUCTION AND UTILIZATION public about the final disposition of an Register notice allowing 30 days for FACILITIES amendment request where It has made a prior public comment. it will:
proposedl determination on no (i) Use local media to Inform the L The authority citation for Part 50 is public in the area surrounding a revised to read as follows: sdgnificant hazards consideration either by Issuing an Individual notice of licensee's facility of the licensee's Authority; Secs. 103.104.161. 12 183. 104 Issuance under 12.106 or by publishing amendment request and of its proposed
189. GStat. 936.937,48. 953. 54 955.96. as such a notice in Its monthly ystem of determination as described in paragraph amended. sec. 234.63 Stat. 244. as amended Federal Register notices. In either event. (a)(2) of this section; - -
(42 US.C. 2133.2134. 2201. 2232 2233,2 3. (II)Provide for a reasonable
2239. 282); secs. 21.202.20as Stat. 14 It will not make and publish a final
1244.1248, as amended (42 U.S.C. 5842. 54Z determination on no significant hazards opportunity for the public to comment.
1848), unless otherwise noted. consideration. unless It receives a sing its best effors to malce available (Sec. S0.7 also issued under Pub. L 95-1o. request for a hearing on that amendment to the pub~lc whatever meaNs of sM. 10.92 Slat 2951 (42 U.S.C. 6851) Sections request commnunication It can for the public to
50& 50.19 and 502 also Issued under ub. (4)Where the Commission makes a respond quickly; L 97-415.96 Stat. 2073 (42 U.S.C. 239). final determination that no significant (Iii) Publish notice of Issuance under Section 50.7E also issued under sec. 1228 M 1 2.106. providing an opportunity for a Stat. 339(42 U.S.C. 2152). Sections 50.0-5.81 hazards consideration Is involved and also issued under sec. 154.6 Stat. 95 as that the amendment should be issued,- hearing and for public comment after amended (42 U.S.C. 2234) Sections 0100- the amendment will Se effective upon issuance, if it determines that the
I-man ,
- Federal ReOlster I. rVal. 48. No. 67 / Wednesday. e
-- . r April S. 1983 I Rules aid Resrulations amendment involves no significant p) To veto the Comlsslonse visions.
hazards consideration. proposed determination Regulaon. Regulat on E contains (Iv)Require an explanation from the 2)To a hearino on the determination certain provisions at describe the licensee about the reason for tlho . be ore the amendpent becomos relationship betwet e rules governing exigency and why th-iicensee cannot effective; or electronic fund tran fers and Regulation avoid It. and use Its normal public notice (3)To Insist upon a postponement of Z (uth In Lending sThee provisions and comment procedures In paragraph the determination or upon Issuance of cover issuance of a, cess devices, (a)(2) of this section where It determines the amendment I 2055(dc)l)(i) and -s(c)(2)1k.
that the licensee has failed to use Its (4)Nor do these procedures alter liability for unauthc d transfers, best efforts to make a timely application presentprovisions of law that reserve to I 205S (d)(1)(1); doc entaion of for the amendment in order to create the the Commission exclusive responsibility transfers, I205.9(b) 3); and procedures exigency and to take advantage of this for setting and enforcing radiological for resolving errors, { 205.11(I). he procedure. health and safety requirements for changes set forth b low relate to the (b) State consultction.-() At the nuclear power plants. updating of Regulat on Z sectional time a licensee requests an amendment. Daled at Washington. D.C., h 4th day of references. These cr anges are needed it must notify the State In which Its April 1983. because Regulation Z sections were facility Is located of Its request by For the Nudear Regulatory Commission. redesignated when he Board revised providing to that State a copy of Its Samuel 1.Chlic 'Regulation Z, pursu nt to the Truth In application and Its analysis about no Secretawfor oeCommisslo. Lending Simplificat on and Reform Act significant hazards consideration and of 1980
I' ocir 0-mi rUs 44& 4asS
Indicate on the application that It has eI COD n 4 Commentary. Th Is the first periodic done so. (The Commission will make update to the Offi l Staff Commentary available to the licensee the name of the on Regulation Ewu ich was published In appropriate State official designated to FEDERAL RESER1 SYSTEM September1981 ( FR 4887). These receive such amendments.) changes were prop sed for comment on
(2)The Commission will advise the 12 CFR Pat 205, February 2183 (I FR 4887). Some of State of its proposed determination the revisions to th Commentary relate about no significant hazards (Roe. E.Doc. R4449 to amendments to ze regulation I .
consideration normally by sending It a ElectronIc Fund T nsfers; Technical published on Octo !r 12 1982 (47 FR copy of the Federal Register notice. Amendments and pdate to Official 708). Other cha rsrespond to
(3) The Commission will make Staff Commentay various questons at have arisen available to the State official designated concerning Regula on E since the to consult with It about Its proposed AOENCM Board of ofthe sveron commentary was iginally published.
determination the names of the Project Federal Reserve S tem. Questions that re ieing added between Manager or other NRC personnel It ACTIONW Final rule d official staff existing questions re designated ".5- designated to consult with the State. The interpretation. for example, questi in 2-. belongs after Commission will consider any question 2I- - comments of that State official. If Itdoes sumuARr. The Boa dli adopting It Is contemplate that future updates not hear from the State In a timely technical amendme its to Regulation E to the commenta r511 be published manner, it will consider that the State (Electronic Fund Tr insfers) to conform annually, unless ,umstances dictate has no Interest in Its determlnaton certain provisions at refer to more frequent revi on. The staff nonetheless, before It Issues the Regulation Z (Tru in Lending). These expects to publish ie next proposal In amendment It will telephone that official changes reflect red signated sections In November 1983 fo a60-day comment for the purpose of consultation. revised Regulat5in I This notice also period, and to issu a final version in the
(4) The Commission will make a good contains changes t the official staff first quarter of faith attempt to consult with the State commentarywh5 applies and Intepe terq ements of list of Subjects In ZCFR Purt 205 before It Issues a license amendment involving no significant hazards Regonaton E Banks. bantdng onsumer protection.
consideration. ILhowever, it does not UFECTIVE IDA1L nil 11983. Electronic fnd tra afers. Federal have time to use Its normail consultation FOR FUHER FO AATON
CONTACT
- Reserve System.
procedures because of an emergency John C. Wood or e se B.Filkins. Senior 3. Text of ula y oretvisions.
situation, it will attempt to telephone the Attorneys, orera P. Hurst. Staff Pursuant to the au ority granted in appropriate State official. Inability to Attorney. Diviin f Consumer and Section 904 of the ectronic Fund consult with a responsible State official Community Afar Board of Governors Transfer Act (15 .C.1893 et seq.). the following good faith attempts will not of the Federal Res vt System. Board amends Re lation E. 12 CFR Part prevent the Commission from making Washington. DC 51 at (202) 42- 205, by revising I effective a license amendment Involving 2412 or [202)4 37. 205.5(c)(2)(1). 205.Bt I)(1() 205.(b)(3), no significant hazards consideration If SUPPLEMENtARY IN ORMATIOM and 205.11(1) to re to the revised the Commission deems it necessary to 1. Cenezi The ectronic Fund sections of Regula on Z to read as avoid a shutdown or derating. Transfer Act (5 U C. 1693 at seq.) follows
(5)After the Commission Issues the governs any trans of funds that is ed and that debits 1205.5 Issuance o access deic requested amendment It will send a copy of Its final determination to the electronically hnti or credits a cons r's account This *- 01 *
State. statute is Impleme ed by the Boards (c) Relation to 7tth in Lendiig (1)
0* * (c) Caveats about State conutatctioa. Regulation E (12 RPart 205). The The Stale consultation procedures in Boardcs staff has a o Issued an official (Hi)Addition to a accepted credit paragraph (b) of this section do not give commentary that erprets the card as defined In 2 CFR 226.12(a)(2)
the State a right regulation ( footnote 21 (Regul ion Zl. of the
. I r I
i 492C Federal Register I Vol 48, No. 67 / Wednesday. April 6, 1983 / Proposed Rules
.
in I -
during the prior cro year ill be 22 Section 98.6 is revised to rid as 29. The first senti nce of I 9890a) la allocated raisins ur er these offers on follows: amended by addi at the end of the the basis of this aco uisitions (up to the sentence the words "less any amounts
1 89.65 Foe and r credited pursuant t I 989.53."
time the original ofi r Is made) of raisins :- The standardiai ins acquired by In the current crop lear Ifieldpricei- 30. Section eas.1 IJ revised by adding are not establishea the oser shall be handlers which are free tonnage, and paragraph (d) to ste d as follow:
made not more thai fifteen days any reserve tonnag purchased for free I N8M Assesso ts.
following such esta liahment The price use, may be dispos d of by him in any of reserve tonnage alsins offered to marketing channel, sub ect to the * * 0 0
applicable provislo 5 O this part A' Id) Lch handler hbal, with respect to handlers to sell as I ee tonnage, handler's free tonni ge of a varietal type dministrative asse isments not paid pursuant to this pau Lgraph. shl be the of raisin shall be el her the free established field pr [2 for free tonnage wlthin 30 calendar ays of the date of raisins of that vare altype, plus S percentage of the a indard raisins of t&e the Committee's mi nice. pay to th percent of the estat field price. varietal type acquh d by him or all of Committee Interest m the unpaid plus the estimated oats Incurred by the the standard raisin of the varietal type assessment at the r te of the prime rate holders. acquired by him If ot fee percentage Is established by the I ank In Which the Committee for equl established by the i 'ommittee or (h) Pubicisty.'he Committee shall Committee has Its I iministrative designated by theI !cretary forthat assessment funds d poeited. on the day promptly give reasc nable publicity to varietal type A hA dler's reserve that the administa ve assessment producers. dehydra ora, handlers, and tonnage of a valet Itype sall be the becomes delinquen plus 2 percent and the cooperative bar Waining reserve percentage f the standard association(s) of ea ;h meeting to further, that such ri te of interest be raisins of that varli al type acquired by added to the bill mi nthly until the consider a marketIz policy or any him. 1 delinquent handler assessment plus modification thereo and each such applicable interest as been paid meeting shall be op in to them. Similar 98M Amended publicity shall be ven to produRcers Pvlvded That the kommlttee may. with
23. Section 989. Is amended by, the approval of the iecretary. modify dehydrators. handlo rr, andth removing the provlu In paraaph (b)1) the Interest rate apj licable to delinquent cooperative bargair ing assodation(s) of and changing the pi nctuation after the handler's assesume it through the each marketing pob report or word "control" fror a colon (:) to a r
modification thereo filed with the period (1.)
establishment of a; )Licable rules and reiulations..
Secretary and of thi Secretary's action thereon. Copies of a)lmarketing policy 1 99.67 UAmend 9N25 VAmended reports shall be msl htained In the office 24. Section 989.62 j) is amended by 3. Section 989i is amended bv of the Committee. v here they shall be changing the refere zce km removing the word "and no member or made available for tiaffon by any 989.54(d)" to "I i W alternate member c the Executive producer, dehydrati r. handler, or Operations Commi *e".
cooperative bargain ing association 1 989.69 t[emoved representative. The Conttee shall 25. Section 989.6. Is removeid notify handlers, del dratorn ad the 28. Section 989.7 Is amended by redesignation cuar it paragraph (c) as 3Z Section ONS! is amended by cooperative bargait mn associations), removing the word "and the Executive and give reasonabli publicity to (d). and adding a ni w paragraph (c)
Operations Commi tee" from the first producers of Its coIn putation of the trade reading as follows: sentence; "or of the Executive demand, preliminar rpercentages, Interim percentages and sall notf and 198973 Reports.
a Operations Commi tee" from the second
* .. . sentence, and "or t e Executive handlers, dehydrat rs and the (c) Each handler haDl file such reports Operations Commi tee" from the third cooperative bargair ng association=s) of of creditable promc ion including paid sentence.
the Secretary's acti n on percentages by advertising as reco unended by the Siged at Washing ni.DC.on March 2.
registered or cerfffi d maiL. Committee and ap; oved by the 1983.
21. Section 989.55 s revised to read as Secretary. W111iam T. Manley.
follows: * * * 0 a DeputyAdministrut. MOFI*efft Progtram
9895 Reguation 40emdom.
I939.76 (Amended 9 or 5 1UsW
d "44 et5in]
Whenever the Se rtary finds, from 27. Section 989.71 Is amended by the recommendatio and supporting SMwi coca u10-u adding the followir sentence at the end Information supplie by the Committee of that section read ng as follows: "TU a or from other availe e information, that Committee, with th approval of the to designate final fd e and reserve Secretary, may pre dribe rules and NUCLEAR REGULATORY
percentages for any varetal type of regulations to inclu le under this section COMMISSION
standard raisins ac ulred by handlers handler records thu detail promotion during the crop yea w111 tend to and advertising act vitfes which the 10 CFR Parts 2and 60
effectuate the decla ed policy of the At Committee may nei d to perform Its the Secretary shall edignate such lTmporary Operating lcenses Lercentages. In the vent thie Secretary finds that suspensic or termilnation of functions under I .53.
19s9.77 tAmnded AGNC : Nuclear Regulatory Commission.
any percentages coi puted by the 2&Section 9W.7& is amended by ACTO: Proposed rule.
Committee or desig ated by the adding at the end o the fist sentence Secretary tend to el ctuate thze declared the phrase "and pni motion and sUmmARY: TIe Commission is proposing policy otthe Act th Secretary sha advertising activitli s conducted by to adopt amendments to Its "Rules of suspend or terminai such percentageL handlers under I9 m3". Practice for Domestic Licensing
I I
_ _ __
Federal _rgister /_VOL 4 No. 67 / Wednesday, April S. 1983 Proposed Rules . 14M7 Proceedings" in 10 CFR Part? and to Its Improvemnent. for continued operation General regulations in 10 CFR Part 60. "Domestic of nuclear powrer plants During thi A person applying for an operating Ucensing of Productfon and Utilization period, construction continued on those license for a nuclear power plant, wch Facilities." providing for tht Ismuance of nuclear power plants with construction Is licensed under sections 103 or 104b. of lemporary operating licenses forauclev permlts, although NRC applied only very the Act'and as to which a hearing Is power reactors. PuliUw 97-415. Mted effort to preparing and meeting otherwise required under section M9a.
enacted on January 4.198 amended the necessary safety reviews and of the Act, could ajply for a temporary section 192 of the Atomic Energy Act of hearing requirements for the issuance of operating license, pending final action
1954 (the Act), to authorize the NRC to operating licenses for these facilities. by the Commission on the application Issue such licenses. Section 9Z Initially Largely as a result of this state of for the final operiting license. The added to the Act on June 2. 972 affairs, In late 1980 Itwas argued that temporary operating license for the authorized the Atomic Energy there was a possibility that delays faclity would authorize fuel loading.
Commission (AEC) to Issue temporary would occur between the time when testing and operation at a specific power operating licenses for nuclear power construction of some of these plants reactors under certain prescribed level to be determined by the would be sufficiently completed to allow Commission. The initial petition would circumstances. (The AEs licensing fuel loading and the start of operations authority was transferred to the NRC In have to be limited to power levels not to and the time when all reirements for exceed a percent of the nuclear facilitys
1975.) The authority under the original the issuance of operating licenses rated lull thermal power, and the section 192 expired however. on (Including the hearing requirements of October 30, 1973 To the extent that the Commission could not initially authorize the Atomic Energy Act) would be me. a higher power leveL After the amended section 192 is in substance the Under the Atomic Energy Act of 1954.
same as the original section. the ternporary operating license b Issued.
Implementing regulations In the as amended (the Act), no person may the licensee may file one or more amendments to Parts 2 and S0 are also operate a nuclear power plant without additional petltions with the similar in substance to the now expired first obtaining an operating license from Commission to allow facility operation regulations which were nintially the NRC A formal on-the-record up to full power In staged increases in publIshed ln 1972 to implement the evidentiary hearing must be held-and a power level beyond the initial S percent section. he proposed amendment to decision rendered on the basis of that lidtation. All authorizations for Part 2 and 50 set out below are designed record-If requested by any person temporary operating license. under to conform Commission regulation and whose interest may be affected, before section 192 and these implementing procedures to the new temporary the Commisson may Issue an operating regulations must be pursuant to a vote operating licensing authority. license. Before the enactment of Pub. L and a final order of the Commission DATL! Comment period expir May 0, 97-415, In a case where a hearing is Itself and cannot be delegated to the
1983. Comments received after this date held, the Commission lacked the NRC staff. The authorizations will be considered if It Is practical to do authority to authorize fuel loading and themselves Be within the discretion of so. but assurance of consideration low-power operation and testing on the the Commission. This means, among cannot be given except as the comments basis of Its safety and environmental other things, that the Commission In a received on or before this date. evaluation; a utility was required temporary operating license would ADDRESSES: All interested persons who Instead to await authorization In the authorize both a given power level and desire to submit written comment. or course of the hearing process. See 10 the time It deems appropriate for suggestions for consideration In CFR 50.7(c). eration at that level before Issuance connection with the amendments d2ould It continues to be argued that. ofhe full power license.
send them to the Secretary of the notwithstanding the administrative The present authority and procedures Commission. US. Nuclear Regulatory changes to the licensing process In I 50.7(c) of the regulations (under Commission. Washington. D.C. 20555 designed to reduce the time required to which a presiding Atomic Safety and Attention: Docketing and Service complete the licensing of these plants, Ucensing Board may, an motion. and Branch. Copies of comments received on there remains a possibility that some after a decision based on the the amendments as well as on the licensing delays might occur for some of evidentiary record or upon agreement of Regulatory Analysis prepared in the plants scheduled to be completed the parties to the contested proceeding connection with the amendments may before the end of t983. In order to authorize the issuance ofa fuel load or be examined in the Commission's Public obviate the possibility of such delays low-power and testing license) remain Document Room at 1717 H Street. NW. ever occuring, on March 1& 1981. the available and are not affected at all by Wahington. D.C. Commission submitted a legislative these regulations implementing section FOR FURTHER INFORMATION
CONTACT
. proposal to amend the Act so as to 192 of the Act. In other words, the new Thomas F. Dorian. Esq.. Office of the authorize the Commission to Issue a I 50.57(d) (described below) for Executive Legal Director. U.S. Nuclear temnwrar operating license for a temporary operating license authority Is Regulatory Commission. Washington. nuclear power plant. allowing fuel not coupled to the present i 50.57(c).
D.C. 20555. Telephone: (301) 492-89 loading and low-power operation and and a licensee proceeding under SUPPLEMENTARY INFORMM1OC testing. in advance of the conduct or I 50.57(c) may also proceed separately completion of an on-the-record - under I SO.57(d) without any ights being Bafctround evidentlary hearin8 on contested Issues waived under I 50.57(c). If a license After the March 979 accident at the relating to the final operating license. already has a low power license and Three Mile Island nuclear power plant. Pub. L 97-415 Is the final legislative wishes to So to higher or full power the NRC focused Its attention on product of the Commission 's proposaL using the temporary operating license evaluating the accident and its It is an "extraordinary and temporary procedure (that is it wants to translate Implications for the safe regulation of cure for an extraordinary and temporary Its low power authority under 50.57(c) nuclear power in this country and on situation. Conf. Rep. No. 97-84 97th to low power authority under I 50.57(d) developing the necessary regulatory Cong, 2d Sess. at 35 (982) and then to po to higher power under
-
14928 Federal Register / Vol. 48, No. 67 / Wednesday, Aprfl 8, 1983 / Proposed Rules i 50o7(d) for some specified time ubpart A. or to all the requirements of It bears mention that the Conference period), It should show that It Is in subpart G of the Rules of Practice In 10 Committee noted that, under section 192, satisfactory compliance with J B01579d) CFR Part L However, certain sections of the Commission cannot Isue a and that the temprgaxZ operating license subpart G wiuld be applied to resolve temporary operating license before "all or low power wo ld aein all respects needless controversy about such items gnificant safety Issues specific to the the same as or more restrictive than-the as the filing of papers, service on facility in question have been reolved low power license. Although the parties, and so on. These are 10 CFR lo the Commission's satisfaction." See Commission does not wish to require B70. 2.702 and 2.708-.712, relating to Conf Rep. No. 97-8 897th Cong. id priobrin acts. a licensee In the service and filing of documents. Sess. at 35 (1982). situation described above should show maintaining a docket and time Subpart C provides all of the that the time periods and authorized computations and extensions; I L713, necessary procedural guidance power level for both types of licenses relating to appearance and practice regarding requests for, and Commission are compatible. Additionally, to simply before the Commission; I2 758& authorization of temporary operating the Commission's considerations, It generally prohibiting challenges to the licenses. Breffly. Subpart C would should show that the parties affected by Commissions rules; and I m77Z provide: this situation (ordinarily the parties In enerally grantn the Commission's
- For the petition for a temporary.
the proceeding under I 50.57(c)) have ecretary the aulority to mble an operating license or for an amendment not waived their rights and agree to its procedural matters. to that license to be filed In the form of a proposed course of action; consequently, It should be noted that 10 CFR 27 written motion. The written motion, with to make sure that there truly Isan and 2.780, relating to separation of supporting affidavits, must be served on agreement and that everyone's rights are functions and ex parte communications, all parties to the proceeding for the being protected, the Commission would not apply. However, the issuance of the final operating license.
expects licensees to demonstrate to It Commission is sensitive to the concern
- The initial petition must be limited (under the procedures described in that the informal contacts that would be to power levels not to exceed 5 percent I 2.301 et seq., described later) that allowed thereby should not be extensive of rated full thermal power. After the fected parties were on notice of and and that they should not result in Issuance of the temporary operating have not objeted to the lcee's significant data or argument that are license, the licensee may file subsequent proposed action. If licensee does not both relied on by the Commission in Its petitions with the Commission to amend or can not makeo such a showing, the temporary operating licensing decision the temporary operating license by Commission may still issue e Incremental Increases in power levels in temporary operating license. but may and unavailable to the parties for use additional procedures to make Its comment before the decision. Thus, If excess of the initial 5 percent limitation.
decision.. Informal contacts do take place which Each new petition can request only one In delineating the circumstances provide significant data or argument and Incremental Increase.
under which petitions may be filed and which are both relied on by the
- The proposed subpart provides conditions under which the Commission Commission and unavailable to the general guidance on the contents and may exercise its authority, the proposed parties, then that data or argument will requirements for affidavits which may rule carefully follows the prescriptions be made available for comment before be filed In support of or In opposition to in section 11 of Pub. L 97-415 These the decision. The Commisslon's decision petitions for the Issuance, or the provisions are reflected In the proposed not to apply separation of functions and amendment, of temporary operating amendments to Parts 2 and 50 set out exparte rules to temporary operating licenses.
below. Inessence, these amendments licensing reflects a preferenc not to
- The Proposed rules provide for would establish a detailed procedural apply Intended for foral, trial prompt publication of notices of framework for considering and issuing type proceedings, and is based on the petitions for temporary operating temporary operating licenses. Section belief that operating licensing and licenses as well as for amendments to
192, as amended and Its accompanying temporary operating licensing such licenses and also provide for a > legislative history clearly contemplate proceedings on a given plant are day period for public comment. the that the procedural framework Is both separate proceedings for the purpose of notice will Inform interested persons useful and needed to govern he application of the formal hearing about the way they can obtain access to Commission's actions In exercising the requirements of the Administration the petition and Its supporti affidavits.
new authority and to preserve for the Procedure Act (APA). The amendment access is needed so that such auch public its right to participate in licensing to section 192 of the Atomic Energy Act persons might, as the rules also provide, decisions. (Ac) states that section 1Ba9. of the Act We responsive affidavits to the petition does not apply to a temporary operating
- Te proposed rules do not specify a Proposed Subpart C to CFR Part 2- licensing proceeding thus, If section time after the 30-day public comment
"Procedures Under Section 102 for the INa&does not apply, then the APA's period for Commission action on the Issuance of Temporary Operating formal hearing requirements do not LUcenses." petition. In keeping with thle purpose of apply either. Furthermore, the the temporry operating license Subpart C would simply add Commission's consideration of Informal authority, the proposed rules provide procedural requirements to 10 CFR Part communications with the parties In an that the Commission will act as
2 needed to Implement the temporary Informal temporary operating licensing expeditiously as possible on petitions operating licensing authority in section proceeding would not prevent the for temporary operating licenses and for 192 of the Act as provided for in a new Commission from eventually amendments to such licenses.
1507(d) of 10 CFR Part 50. Unlike the considering, as necessary, Issues arising
- Issuance of a temporary operating bearing process on the final operating from the formal operating licensing -license or an amendment must be license, the temporary operating proceeding. Information provided in the pursuant to a final order of the licensing process would not be subjct normal proceeding will uot be used In Commission Itself, which recites the to the hearing requirements of section the formal proceeding, unless It s reasons called for in section 192 of the li9a. of the Act, to the requirementsof formally Included In the record. Act and In 50.57(d) of the regulations.
A -_
.O
Federal Register /Vol. 48, No. 67 1 Wednesday, April 6, 198 / Proposed Rules 14929 As called for by the legislation, the The Commission will also ensure that the Initial license limitation. as the case order would be transmitted upon Its any administrative remedies It adopts may be, if the Commission Itself Issuance to the Committees on Interior will not themselves Infinge upon the determined that. (1)All requirements of and Insular Affairs and Energy and right of any party-to a full and fair law other than the conduct or Commerce of the House of hearing under the Act, again !n keein completion of any required hearing on Representatives and the Committie on with the conferees' expectations. t. the fn era cense are met; (2)in Environment and PublioWorks of the And, lastly, the Commission will notify accordance with such requirements.
Senate. The final order of the the Committees on Interior and Insular there Isreasonable assurance temporary Commission would be subject to judicial 'Affairs and Energy and Commerce of operation of the facility in accord review under section 189b. of the Act. It the House of Representatives and the with the terms and conditions of the should be noted that, pursuant to the Committee on Environment and Public license'will provide adequate protection legislation, the requirements of section Works of the Senate of all to the public health and safety and the
189a. of the Act would not apply to the administrative remedies Itproposes to environment; and (3)denial of the Issuance or amendment of a temporary adopt lo in keeping with the temporary operating license will result operating license. us, the legislation tonfereee'Intntions.
Id. In delay between the time when the authorizes the Commission to use Proposedfs.57(d7 of 10 CFA Part50 facility is sufficiently completed, In the procedures other than formal udgment of the Commission. to permit adjudicatory procedures In Issuing a A new I O.57d) would be added to Issuance of the temporary operating temporary operating license. In this reflect the substance of the temporary license, and the time when a fina regard, the Commission will develop operating censing authority pranted by operating license for the facility would Informal procedures case-by-case to Public baw 97-415 and the special otherwise be Issued. For a petition to resolve particular issues as they arise. povisions which must be Satisfied amend the temporary operating license The proposed rules restate the before the Commission exercises this to permit operation at a power level In procedural constraints in section 192 to authority. Puruant to section 11 of Pub. excess of 5 percent of the facility's rated assure that the isuance of a temporary L 97415 and I 50.57(d). the following full thermal power, the Commission's operating license does not prejudge the requirements would be applicable to a findings must, of course, be directed to outcome of the licensing hearing for the petition for and the issuance of a operation at the increased power level final operating license for that nuclear temporary operating license and which would be authorized by the power plant or prejudice the rights of mendments to that license: amendment.
any party to the hearing to raise any A petition for the Issuance of a
- Any final Commission order proper issue in that hearing and to have temporary operating license could not authorizing the issuance of a temporary that issue decided. be filed with the Commission until the operating license pursuant to section 192 Advisory Committee on Reactor (iew as distinguished from an order
- The proposed rules require. as does Safeguards (ACRS) report, the NRC
section 192. that any party to the final stafrs initial safety evaluation report which may be issued by a presiding operating license hearing or any (SER) and the staffs supplement to this Atomic Safety and Ucensing Board licensing board member conducting the under paragraph (c)of 50.57) of the report [SSER) prepared in response to Act must recite with specificity the hearing. promptly notify the Commission the ACRS report for the plant. the NRC about any ifooation made available staffs final environmental statement reasons justifying the findings required as part of that hearlng (1) That the0 and, a State, local or utility emergency by that section and I 60.57(d). The order rms and conditions of the temporary plan have been filed. must be sent upon issuance to the operating license are not being met or
- The Initial petition for a temporary Committees described before.
(2) that they are insufficient to provide operating license and amendments to
- The temporary operating license reasonable assurance that operation of that license would be handled as would contain such terms and the facility during the period of the described before. conditions as the Commission may deem temporary operating license will provide
- After the issuance of a Temporary necessary, Including the duration of the adequate protection to the public health operating license, subsequent petitions license and any provision for its and safety and to the environment. from the utility for increased power extension.
- The proposed rules state that a levels, notice and public comment
- Te Commission would suspend the temporary operating license ii subject to periods on each new petition. and the temporary operating license Ifit finds modification, suspension or revocation, Determinations by the NRC called for by that the applicant is not prosecuting the or to the imposition of civil penalties section 192 (and implemented in this application for the final operating pursuant to sections 168 and 234 of the new I 50.57(d)) would be required license (and on which ahearing under Atomic Energy Act and subpart B of la before the Commission could allow section 189a. being conductd) with CFR Part 2. operation at power levels beyond the due diligence The Commission could, of
- Fimally. It should be noted that. Itial 5 percent low-power testing leveL course, suspend the license for other pursuant to section 192d. of the Act. the
- Before issuing a temporary reasons, such a in the interest of public Commission will exert its best efforts to operating license or amending the health and safety.
adopt appropriate administrative license to allow the operation at an
- Section 192 provides that the remedies to minimize the need for the increased power level. NRC must Commission's authority to issue new issuance of temporary operating provide notice of the request for such temporary operating licenses shall licenses. This Is in keeping with the authority and a 30-day period for public expire on December 31, 1983. Since the conferees' agreement in the Conference comment. Commission cannot Issue new Report that a tenporary operating
- Upon the expiration of the 3Dday temporary operating licenses after license should be a 'last resort remedy. comment period, the Commission could December 31.1983 it expects any to be employed only when no other issue the temporary operating license, or licensee that wishes to apply for such a alternative is available." Conf. Rep. No. amend the license to allow temporary licensee to do so before November Z3,
97-884 7th Cong.. 2d Sess. at 3 (1982). operation at a power level in excess of 1983, to allow It to act before its
r .
14930 Federal Register I Vol. 48, No. 67 l Wednesday, April 6, 1983 ' Proposed Rules authority expires. See 6 2.301. Ucensees Environmental protection. Nuclear pursuant to section 192 of the Act and should also note that their licenses will materials, Nuclear power plants and £ 60.7(d) of this chapter. petitions the not expire on that date. Section 192 reactors. Penalty, Sex discrimination, Commission for a temporary operating simply states that the Commission's Source material, Special nuclear license authorizing fuel loading, testing, authority to Issue a new temporary - =aterial, Waite treatment and disposal. and initial low power operation (or for operating licensieU'it finds that the an amendment authorizing operation at
10 CFA Part So anIncreased power evel), pending applicant Is not prosecuting Its application for the final operating Antitrust. Cassified information, Fire action by the Commission on the license with due diligence. See 2.3!0 prevention, Inter-governmental application for the finl oprating Finally, where the Commission has relations, Nuclear power plants and issued a new temporary operating reactors, Penalty, Radiation protectionl license before December 21, 1983, and. Reactor siting criteria, Reporting 1 2.01 Fllrig olpstftlona subsequently, the licensee requests an requirements. accomanyngaffiavts amendment to that license, this (a) Before November 23, 1983. an provisl6n does not preclude the PART 2I-RULES OF PRACTICE FOR applicant-for an operating licens e may Commission from amending that license DOMESTIC UCENSING PROCEEDINGS file a written petition for a temporary after December 31,1983. L The authority dtation for Part 2 is operating license with the Commission
Paperwork Reduction Act Statement
revised to read as follows; for each such facility. The applicant Authorlty .Secs. 181. 181. 8 Stat 948 953, must serve the petition, including the This proposed rule contains no new or as amended (42 USC 2201,2231 sec. 19. as accompanying affidavits, on all parties amended requirements for amended. Pub. L 57-618. 78 Stat. 40 (42 to the proceeding for the lusuance of the recordkeeping. reporting, plans or US.C. 2241); sec. 201, Stat 1 as final operating license. The applicant procedures, applications or any other amended (42 USC. 5841); b USC 52. may file any such petition at any time type of information collection Section 2.101 also Issued under ocs. 53. 2, after thie docuents called for by section reviewable by the Office of 63.81.103.104, l0S. 8 Stat. 930 032.933.035, 192 of the Act and I 557(d) of this Management and Budget under the 08.37.e 38. as amended (42 US.C 207a chapter are issued.
Paperwork Reduction Act. 092. 093. 2121.233. 2134.21235; sec. 1 Pub. L 91-190. 3 Stat 5S3, as amended (42 (b) The initial petition for a temporary Regulatory Flexibility Certification US.C 4332): sec. O1. MStat 1248 (42 US.C. operating license for each such facility S1). Sections 2102. L103, 104.2 05= L721 shal In accordance with section 192 of In accordance with the Regulatory also issued under seca.192Z103, 104 1N,183 the Act and I 6057(d) of this chapter, be Flexibility Act of 1980, 5 U.S.C. 65(bj 2819, Stat. 3&937,53L05 1I as limited initially to a specified time and the Commission certifies that this amended (42 U.S.C 23 2.233,2134 2135, to a power level iot to exceed 5 percent proposed rule does not have a 223223a9). Sections 2.20.6 also Issued of the facility's rated full thermal power significant economic impact on a under sacs. 18 234. 68 Stat 953,6 3 Stat 444. for that specified time. After the substantial number of small entities. as amended (42 USC. 223I2282 sec.6 0288 Commission issues a temporary This rule affects only the licensing and Stat. 146 (42 USC. 5848). Sections L6OD-
206 also Issued under sec. 102 Pub. L 91- operating license for any such facility, operation of nuclear power plants. The 190 B3 Stat. 853, as amended (42 USC. 42). the licensee may file subsequent companies that own these plants do not Sections 2. 00L 2n. also issued under I petitions with the Commission. using the fall within the scope of the definition of US.C. 554. Sections I754,2 .02770 also procedure described In paragraph (a),
"small entities" set forth In the Issued under 5US.C. 557. Section 23 also requesting the Commission to amend the Regulatory Flexibility Act or the Small Issued under sec. 103, 8 Stat 93 as temporay operating license to allow Business Size Standards set out In amended (42 US.C 2133) and 6 US.C. 552 facility operation at incremental stages regulations issued by the Small Business Sections 2.B00 and 2808 also Issued under C beyond the Initial 5 percent level for Administration at I3 CFR Part 121. SInce U5.C. 553. Section 2809 also wed under 5 op to and includinsg these companies are dominant in their US.C. 553 and sec. 29, Pub. L 6-2571 Stat. cpecified times, power, pending
679, as amended (42 U.S.C 2039) Appendix A operation at full service areas, this proposed rle does also issued under sec L Pub. L 91 40.54 comnpletion of the proceeding On the not faDl within the purview of the Act. Stat. 1473 (42 U.S.C 2133). Ike provisions of final operating license.
Regulatory Analysis subpart C also Issued under Pub L 97-415. 96 (c) The Commission has full discretion Stat. 20(142 US.C. 2-3). to determine the initial power level up to The Commission has prepared a Regulatory Analysis on these proposed 2. A new Subpart C I added o to CFR 5 percent and the Incremental Increases amendments, assessing the costs and Part 2 to read as follows; in power levels It will authorize and the period for which the authorization Is benefits and esource impacts. It may be granted. It will not grant a temporary examined at the address indicated Subpart C-Procedures under Section above. 192 for the Issuance of Temporary operating license or an amendment to Accordingly, pursuant to the Atomic Operating Ucen that license for a period lasting beyond the date the final operating license Is Energy Act of 1954, as amended. the 1 2.300 Scope of subpart 8r nted, and the temporary operating Energy Reorganization Act of 1974. as This subpart prescribes the license and any amendments to that amended. and sections 552 and 553 of procedure. for Issuing a temporary license will expire when the final Title 5 of the United States Code, notice operating license and epecifies the operating license is issued.
is hereby given that adoption of the framework for Comison following amendments to 10 CFR Parts 2 determinations. These procedures apply I 02 Contents of affidavts and 50 is contemplated. In any proceeding where an applicant List of Subjects has applied for i final operating license The applicant's petition for a for a utilization facility (licensable under temporary operating license or an IO CFRPku * sections 103 or 104b. of the Atomic amendment to that license shal be Adminlstrative practice and Energy Act (Act) and otherwise accompanied by an affidavit or procedure. Antitrust, Byproduct requiring a licensing hearing pursuant to affidavits setting forth the specific facts material. Classified information. section 189a.) and the applicant. upon which the petitioner relies to
Federal Register j Vol. 48. No. 67 / Wednesday. April 6, 1983 / Proposed Rules . 14931 justify Issuance of the issuance of the for In section 192 of the Act and public health and safety and to the temporary operating license or the I S0o7(d) of this chapter. environment during the period of the amendment to that license. Any uach (b) Tie requirementi of section h1a. facility's temporary operation.
affidavit and any affidavit filed In of the Act with respect to the issuance 1306 UW of Informal procedure& response shall statWeparately the of or an amendment to a utilization specific facts and arguments and include facility license shall not apply to the 7ke Commission ordinarily will not - the exhibits upon which the person Issuance of or an amendment to a use formal adjudicatory procedures In relies. Te facts asserted in any temporary operating license. Thus, issuing a temporary operating license affidavit filed shall be sworn to or subpart A of this part does not apply to and will develop Informal procedures afiined by persons having knowledge of the consideration of a petition for the case-by-case to resolve particular issues those facts, and a statement to this Issuance of or an amendment to such a as they arise.
effect shall affirmatively appear In the temporary operating license; and only f 2309 Enforcement affidavit. Except under unusual I*27 ZL,2,702.2,708-2713, 2758 and circumstances, such persons should be .772 of subpart C of this part apply to The Commission may modify. suspend those who would be available to the consideration of such a petition. or revoke a temporary operating license.
substantiate orally the facts asserted. as or Impose a civil penalty pursuant to I f0 Harng on thsfna opetin sections 188 and 234 of the Act and the Commission deems appropriate. Any Boons& such affidavit shall be accompanied by subpart B of this part (a) Issuance of a temporary operating a list of documents relied on to support license under section 192 of the Act and PART 50-DOMESTIC LICENSING OF the facts stated in the affidavit and the I 50.57(d) of this chapter shall not PRODUCTION AND UTIUZATION place where such documents. otherfthan prejudice the right of any party to a FACIUTIES those issued by the Commission's staff proceeding for the Issuance of the final are available for Inspection. operating license to pursue properly 3.The authority citation for Part 50 is revised to read as follows: I2.303 Notice of pettion admitted issues in a hearing required The Commission will promptly pursuant to section 289a. of the Act. Authority. Secs. 103.104. 11. 18. 183.18
18g 68 Stat O3X 937,048 933. O54N G55.9 "
hailure to assert any ground for denial- publish notice off each petition for or limitation of such a temporary amended. sec 234. 63 Stat 1244, as amended Issuance of a temporary operating operating license shall not bar the (42 U.S.C. 2233.2134. 1.232.2233,SS.
license and any subsequent petitions for &229. 22=2t sec2. 2020 20e S8. Stat. 1242.
assertion of such ground in connection 1244 1240. as amended (42 UC 5841, U2 amendments to that license in the with the issuance of a subsequent final 88). unless otherwise noted.
Feddral Register and in such trade or operating license. No party shall argue SectIon 50.7 also issued under Pub. LOS- news publications as the Commission the issuance or denial of a temporary 601. sec 10.92 Stat. 2931 (42 U.S.C. 851). deems appropriate In order to give operating license by the Commission as Sections 50.57(d). 50. and 50.92 also issued reasonable notice to persons who might support for Its position In a proceeding under Pub. L 67-415.95 Stat. 207 (42 U.S.C.
have a potential interest In the rant of for the issuance to the final operating '2233). Section 50.76 also issued under s.
such a temporary operating license or an license. 122 68 Stat M3 (42 U.S.C. n252). Sections amendment to that license. ITe notice 5Ot50.82 also issued under sec. 14,68 Stat.
(b) Any hearing on the application for 954. as amended (42 U.S.C. 2234). Sections will inform such persons of the the final operating license for a facility arrangements for their access to the 50.10040.102 also Issued under sec. 188.
required pursuant to section 189a. of the U.S.C 05 (42 U.S;C. 28) petition and supporting affidavits. Any Act shall be concluded as promptly as For the purposes of sec. 22 68 Stat. 95 as person may file affidavits in support oL practicable. The Commission will amended (42 US.C. 2273). It 50.10 (al (bl or in opposition to, the petition within 30 suspend the temporary operating license and (c), 50.44. 50.48. S0.48 505.4, and 50.80(a) days after the publication of such notice If it finds that the applicant is not are Issued under sec. 1b. 08 taS 148. as in the Federal Register. The Commission prosecuting the application for the final amended (42 US.C. 221(b)): 1150.10 (b) and thereafter will act as expeditiously as operating license with due diligence. (ck and 50.4 are Issued under ec. 161L 68 possible to reach a determination on The Commission may suspend the Stat. 949, as amended (42 U.S.C. 22M(i)k and such petitions. It 50.55(e). .59(b). 50.70. 0.7. 50.7L and license for other public health and 0.78 are Issued under sec. 318, o8 Stat. 950 I'304 Responsivs aff*iavts safety or common defense and security as amended (42 U.S.C. 220(o)
reasons.
Responsive affidavits in opposition to 4. In I 57 of 10 CFR Part 0 a new the petition shall be accompanied by a 12307 Notification to the ComnissoL psragraph (d) is added to read as short and concise statement of the Any party to a hearing required material facts as to which It is puruant to section 189a. of the Act on 60.57 Issuance o operating llcens.
contended that thete exists a substantial the final operating license for a facility * * . * * issue concerning the Issuance of the for which a temporary operating license temporary operating license or an has been isued under section 192 of the (d)(1J Temporwry operatinglicense.
amendment to that license. Any Act and I 50.57(d) of this chapter, and An applicant for an operating license, in responsive affidavit and any any member of the Atomic Safety and a case where a hearing Is required in a accompanying statement shall be served ILcensing Board conducting such a pending proceeding for the final on all parties to the proceeding for the hearing, shall promptly notify the operating license for a facility required Issuance of the final operating license. Commission of any infromation that: to be licensed under sections 103 or (a) Te terms and conditions of the 104b. of the Act, pending final action by
2.235 CommIuslon authorizatioi temporary operating license are not the Commission on the application for (a) Issu4nce of a temporary operating being met; or that the final operating license. may petition license or an amendment to that license (b) Such terms and conditions re iot the Commission by a written motion.
shall be pursuant to a final order of the sufficient to provide reasonable pursuant to section 192 of the Act and Commission Itself which recites the assurance that operation of the facility this paragraph for (I)a temporary reasons for such authorzatio as called will provide adquate protection to the qperating license for the facility
I Z n-..a..- I 11.1 &a T~in mg I WskasAi..y. April S. 1083 I Provosed Rules VW= 3 - relucral n&~urM I V%0A.'us.. .- -. -. --- - - -
operating license, or subsequently Tor the Nuclear Reulato y Commissdon authorizing fuel loading, testing, and Sauel 1.cink.
operation at up to 6 percent rated full amend the license to authorize thermal power for a specified time and temporary operation at a specific power Swe*&yto tha Commiio (i) an amendment to the temporary level greater than that authorized in the operating licenserequestingior a ^- - initial temporhry operating liense. a Commissioner Gnky's Sparals specified time a&lCUtiemental Increase determined by the Commission, upn Views Regarig the Proposed Rule on of the power level beyond that Initially finding that Temporary Operating Licenses pranted by the Commission up to ful (I)in all respects, other than the (Amendments to 10 CF Part 2 and 50)
power. The Commiuon hs full conduct or completion of any required discreon to deteine the nitidal power hearing, the requirements of law are ApilL WM level up to 5 percent and the Incremenal meS I have voted against the Temporary increases in power levels It will Operating License rule because of the authorize and the period for which the (i) In accordance with such requirements. there is reasonable Commissions decision to exempt authorization Is granted. It will not grant Temporary Operating Ulcense a temporary operating license or an assurance that operation of the facility proceedings rom th~e expaite and amendment to that license for a period during the period of the temporary operating license in accordance with Its eparation of functos rules.
lasting beyond the date the final would mean that the Cuommsin's staff operating license Is granted. and the terms and conditions will provide applicants and intervenors wod be temporary operating license and any adequate protection to the public health free to contact individual amendments to that license will expire and safety and to the environment Commissioners as well as the when the final operating license is during the period of temporary Commission's Office of General Counsel issued. operation; and and Office of Policy Evaluation to argue
(2) The initial petition for a temporary (mii) denial of the temporary operating their respective position on the operating license for each such facility license will result In delay between the emporary operating license." (A may be filed at any time after the filing date on which construction of the sentence of explanation which appeared of: (I)the report of the Advisory facility is sufficiently completed. In the in the penultimate draftand whlch the Committee on Reactor Safeguards judgment of the Commission. to permit Commision was too modest to leave in (ACRS) required by subsection 182b. of issuance of the temporary operating the final versin.m the Act; li0)the initial safety evaluation license and the date on which a final report (SER) on the application by the This decision Is but another example reglatory taff and the staffs first operating license for such facility would of the Commission's deep-seated supplement to the SER prepared In otherwise be issued under the Act. hostility toward informing the publc response to the ACRS report (lJl) the (8)Any final Commissionorder and involving It in NRC's proceedings.
staffs final detailed statement on the authorizing the issuance of any The decision is incompatible with the environmental Impact of the facility temporary operating license or an basic notions of fairnes which underlie prepared pursuant to section 012(2)C) of amendment to that license pursuant to the exporte rules since the temporary the National Environmental Policy Act operating license Issues will ievitably section 192 of the Act and tis of 1989; and (Iv) a State, local, or utility paragraph will recit with specificity the be quite similar to the issues in the emergency preparedness plan for the reasons justfying e findings required operating license hearing which will be facility. by that section and this paraaph and going on at the same time. As has so
(5)Each petition for the Issuance of a w11i be transmitted ulpOn Its isuance to often happened. the course chosen by temporary operating license, or for an the Commission Is likely to be self.
the Committees on Interior and Insular defeating: It Is bound to result in endless amendment to that license allowing Affairs and Energy and Commerce of operation at a specific power level the House of Representatives and the litigation.
greater than that authorized In the inital Committee on Environment and Public temporary operating license, shall be Additional Views of Commissioner accompanied by an affidavit or Works of the Senate. Asselstine affidavits setting forth the specific facts (7)The temporary operating license will become effective upon Its Issuance I strongly disagree with the upon which the petitioner relies to Commission majority's decision not to justify issuance of the temporary and will contain such terms and apply the provisions of 10 CER Sections operating license or the amendment to conditions as the Commission may deem 2719 and 2L780. relating to separation of that license. necessary, Including the duration of the functions and exparte communication
(4) Tle Commission will publish a licenseand any provision for Its as part of the procedural requirements notice of each such petition In the extensiol for implementing the temporary Federal Register and in such trade or (8)The Commission will suspend the operating license authority in Section news publications as it deems temporary operating license If It finds 192 of the Atomic Energy Act of 195 as appropriate to give reasonable notice to that the applicant is not prosecuting the amended.
any persons who might have a potential application for the final operating In all likelihood, the Issues that *ill interest In the grant of such a temporary license with due diligence.
operating license or amendment The be ralsed before the Commission in the notice will Inform such persons of the (9)The authority to issue new temporary operating license proceedings arrangements for their access to the temporary operating licenses under under the provisions of Section 192 wIll petition and supporting affidavits. Any section 192 of the Act and this be similar to. or the same as, the issues person may file affidavits In support o£ paragraph expires on December 31. 1io being adjudicated In the hearing In the or In opposition to. the petition within 30 The views of Commission GMinky and final operating license proceedings. Ey days afer the publication of such notice Aussels' follow. permitting the NRC etaff and the applicantSamong others, to mae In the Federal Register. Dated at Wasinton. D.C this 4h day t.f
(5)With respect to any such petition. informal off-the-record contacts with the ApuL -
Commission on these Issues during the the Commission may Issue a temporary
Federal Register / Vol. 48, No. 67 1 Wednesday, April 6. 1I8S I Proposed Rules143 1493 -
4 U
temporary operating license ADDRESS: Commer on the proposal deal with commodi customelTrhus, proceedings, the Commission majorlty'I should be sent to: I mmodity Futures the Commisslonas I gsilative proposal to proposed rule presents a grave risk of Trading Commissil 2033 IKStreet NW, Congress would ha e required agents contaminating the formal on-the-record Washington. D.C. 581. Attention engaging in the act ties described operating license prq=* IngI
do not Secretariat. above to register ai associated persons believe that this risk of contaminating FOR FVRTHER INPOI ATION CONTACt. of the FCM for whc they procured the final operating license proceeding Kenneth M. Rosen velg, Assistant Chief business.'Althoug] Congress ultimately can be *volded easily If Informal, off- Counsel, or Lawrer ne B.Patent. Special determined that ag ntsb d Instead the-record contacts on similar issues Counsel, Division ciTrading and be required to regio er as Introducing arising in the temporary license Markets, Commodi i Futures Trading brokers or as APs c a futures proceedings are permitted. In order to Commission. 20331 Street NW. commission merchi nt, It was the
Intent
assue procedural fairness 1n oum Washington, D.C. 2 581. Telephone: of Congress to elim ate the existing operating license proceedin would (202) 254-55. regulatory disparit whereby certain apply our regulations relating to SUPPLEUMENTARY IN ORKATKIC individuals were re ulred to register as separation of functions and cx part. assocated persons hilne others escaped communicatons to tmporary operating L Introduction the Commission's ~ ctscrutiny by license proceedings, Just a we now do - The Commission proposing rules being designated at aoefntsy ofzFodsf for final operaUng license proceedings. and rule amendmei s to implement The new legislati ob efines the tenm VFRDWM or T d -S m recent modification to the Commodity Introducing brokei 'to mean: ULLUOco ?sbo41 Exchange Act whic require the any perso except at ndividual woeletd U registration of intro iucing brokers and toaoe and Isregisterec as ans usaed the associated pers ns of introductng person of a futures Go ODii merchant.
COMMODITY FUTI RES TRADING brokers. commodit trading advisors engaged In soliciting In accepting orders COMMISSION (CTAs"), and comn odity pool for the purchase or s e omm anycmodity for operators ("CPOs"]1Specificall, the future delivery on or ubecthto the rues of
17 CFR Parts t, 3, ,10,15,21,145. Futures Trading Ac of 1982 (Pub L No. any contract market, ho doesco ccept any
147 155, 166, and 170 97-444.96 Stat 229 amends Sections money. securIties, or roperty (or entnd
4d, 4f. and 4k of the I'to require. credit in lieuithereof) tenatin, ghantee, or Introducing Broke IIand Associated Inter olia. those per ons who could secure any trades or tracs that result or Persons of Introd. :Ing Brokers, formerly be characi raed s 'agents' of may result therefrom.
Commodity Tradil Advisors and futures commission erchants ("FCM") Accordingly. an as discussed CommodIty Pool Cperators; to register with the mmission as elsewhere In this F derad Register Registration and C her Regulatory Introducing broken and to requfe the notice, the Commis Ion Is proposing Requirements - registration of indii duals engaged in regulations which ~ould delineate, AGENCY. Commodit Futures Trading the solicitation of c tomers. consistent with the anentments to the Commission discretionary accov t clients, or pool Act and pursuant t the ossion's ACTION: Proposed r .-leL. particlpants (or the upervilon of any general rulemaking wuthority, the person or persons a engaged) to permissible activiti s nd corresponding SeUMMAR The Con nodity Futures register as assoati d persons. obligations of Introi [ucing brokers and Trading Commissic ("Commission" is Prior to the enact ent of the Futures which would requir certain commodity proposing rules to nplement recent Trading Act of 1982 the Commodity trading advisors to a8ster as amendments to the ommodity Exchange Act ultou d FCMs to operate Introducing brokers The Comission Exchange Act ("Ac ") whic establish through networks a unregistered has not, however. IIacifically addreused four new categoric of persons who "agents" whose pAi cipal function was in this Federal Rest ter notice the extent must be registered vlth the Commission. to procure custome! business. 'The of an FCM`s respo flbmlty for accountS Specifically, the Fu ures Trading Act of clearing (or -s g") FCM which which it carries on eHJllyRdiscloset 1982 has amended e Act generally to handled sch bus sson a "fully- basis because it do 's not view the require the registra on of introducing disclosed" basis of n attempted to Futures Tradin A of 1982su having brokers and the as xiated persons disavow any respo sibility for altered the law In is regard ("APs") of introdu rgbrokers. .violatlons of the A committed by these Prior to the enac nent of the Futures commodity trading advisors, and agents,. even thoug customers may Trading Actorig ODly those per ons commodity pool op 'rators. The have viewed the ag nt and the FCM as who were associat d with futues Commission Is *cc rdingly proposing one entity and did ot distinguish commission merch ots (fFCQs") hn rules and rule ame dments which would between services p vied by the agent certain specified tacities were establish registrati n requirements and and those provided bYtfe FCM' required to register as associated procedures for tho new categories of Congress recognize that a registration persons.That legi adion, hlowever, ha registrant. prescrib minimum financial. requirement would n ure that extended the AP re istration reporting, and reco dkeeping Individuals or firm who were formerly requirement to the ales and supervisory requirements for In roducing brokers, engaged as agents ould be subject to personnel of introd cing brokers. CTAs create certain exe ptions from the same ftness re irements that apply and CPOs, in order to "makce thfle registration, clang the fees charged for to other Commiss registrants whio registration writh Commission, and L3Fep. No.34atl ucHiJRep.5NS(ah1 by Pub.W
L No J7- at 41L
specify appropriat regulatory 444 sections 07. 2EL. OSee. g. a Rqp No.
responsibilities, i as trading ' Rep. No, 1M. 7 'IHL Pep. No. 585 (P 11at a. 112.
standards, for tho new categories of Rep. No. us (Pan
.L M Cong. ss. 13 OF"fres Trdi At 198. seton 8113 registrant amndiqW Secf on Rz}al OL Rep. No. 34 at 4 Re.WNo as mPu 1) Section 4k of the 7US.C 5k fSupp. V 1961 DAIT: Comments tst be received by at 49-.3 FR 28106 MI L. Ign (amended by Futr liXAct i .Pub.L
May 61983 *ILRep. No.a 4a 7at No. 7-444. section 21.
Enclosure 2 O ..
REQUIREMENTS ON LICENSEES CONCERNING
APPLICATIONS FOR OPERATING LICENSE AMENDMENTS
(SIGNIFICANT HAZARDS CONSIDERATION)
Subject Requirement Requirements for analysis REF: 10 CFR 50.91 (a)(l)
concerning significant "At the time a licensee requests hazards consideration an amendment, it must provide to the Commission its analysis, using the standards in §50.92, about the issue of no significant hazards consideration."
Definition of significant REF: 10 CFR 50.92(c)
hazards considerations "...operation of the facility in accord- ance with the proposed amendment would not:
(1) involve a significant increase in the probability or consequences of an accident previously evaluated; or
(2) create the possibility of a new or different kind of accident from any accident previously evaluated; or
(3) involve a significant reduction in a margin of safety."
Timely application and REF: 10 CFR 50.91(a)(5)
Emergency/Exigency Provisions "The Commission expects its licensees to apply for license amendments in a timely fashion. It will decline to dispense with notice and comment on the determina- tion of no significant hazards considerations if it determines that the licensee has failed to make a timely application for the amendment in order to create the emergency and to take advantage of the emergency provision. When- ever a threatened closure or derating is involved, a licensee requesting an anendnient must explain why this emergency situation occurred and why it could not avoid this situation, and the Commission will assess the licensee's reasons for failure to file an application sufficiently in advance of that event."
- 2 -
Subject Requirement REF: 10 CFR 50.91(6)(iv)
"Require an explanation from the licensee about the reason for the exigency and why the licensee cannot avoid it, and use its normal public notice and comment procedures in para- graph (a)(2) of this section where it determines that the licensee has failed to use its best efforts to make a timely application for the amendment in order to create the exigency and to take advantage of this procedure."
Requirement for licensees to REF: 10 CFR 50.91(b)(1) inform the State, in which "At the time a licensee requests an the facility is located, of a amendment, it must notify the State request for an Amendment to the in which its facility is located of Operating License its request by providing to that State a copy of its application and its analysis about no significant hazards consideration and indicate on the application that it has done so."*
- Attachment 3 contains the list of State Designees who should be contacted concerning requested license amendments.}}