SECY-21-0021, SRM-SECY-23-0021: Enclosure 4 - Table of Typographical Errors and Inconsistencies

SRM-SECY-23-0021: Enclosure 4 - Table of Typographical Errors and Inconsistencies

ML24064A052
Person / Time
Issue date:	03/04/2024
From:	NRC/SECY
To:
Shared Package
ML24064A047	List: SECY-21-0021, SRM-SECY-23-0021: Enclosure 4 - Table of Typographical Errors and Inconsistencies
References
SECY-21-0021, 10 CFR Part 53, NRC-2019-0062, RIN 3150-AK31 SRM-SECY-23-0021
Download: ML24064A052 (1)

Text

Table of Typographic Errors and Inconsistencies in the Current Regulations Affected Section Comment 50.10 Paragraph 50.10(e)(1)(iii) should be modified to replace the period after the word met with a comma and the period after the word authorized with a comma and the word and along with corresponding changes to capitalization. These modifications would reflect that this paragraph contains a continuous list of items required for issuance of a limited work authorization.

50.33 Paragraph 50.33(j) should be edited to use the term classified National Security Information instead of the undefined term other defense information. The former term is defined in § 95.5. The latter term dates back to an Atomic Energy Commission (AEC) amendment of this section on January 19, 1956 (21 FR 355, 357) and was not changed with the promulgation of 10 CFR P art 95 (45 FR 14476; March 5, 1980) after the establishment of the NRC and the 1975 reissuance of the former AEC regulations.

50.36b Paragraph 50.36b(b) should be edited to replace the phrase for which the certification of permanent cessation of operations required under

§ 50.82(a)(1) or § 52.110(a) of this chapter with that no longer authorizes operation of the reactor under § 50.82(a)(1) or § 52.110(a) of this chapter to reflect the potential for removal of the authority to operate the reactor when a final, legally effective order to permanently cease operations comes into effect under §§ 50.82(a)(1) or 52.110(a).

50.36b The language in §§ 50.36b(a) and (b) should be reconciled so that there is a comma after the phrases attachment to the permit or license in

§ 50.36b(a) and "attachment to the license" in § 50.36b(b); this comma is missing in § 50.36b(b). Alternatively, the comma in § 50.36b(a) after the phrase attachment to the permit or license may be deleted to reconcile the two paragraphs.

50.37 The language in this paragraph should be edited to parallel that in

§ 52.54(c). Specifically, the word "or" should be added between "have access to" and "any facility" to correct a drafting error in this paragraph.

The preamble for the 2007 rulemaking that modified the parallel language in 10 CFR Part 52 provides a discussion on the intended language for this paragraph (73 FR 49352).

50.43 In § 50.43(e), there are typographic errors where (1) a period follows the year 1997 rather than a comma and (2) the word "Or" is inadvertently capitalized due to the errant period. These errors have resulted in incomplete sentences.

50.55 Paragraph 50.55(e)(2)(i) should be edited to reflect the correct scope of license holders that are subject to this regulation. The existing requirements in this paragraph conflict with the scope of applicability in the prefatory paragraph in this section (i.e., the regulations are only applicable to holders of a construction permit, combined license, or a manufacturing license and not all licensees subject to the regulations in 10 CFR part 50).

1 Affected Section Comment 50.55 Paragraph 50.55(e)( 3)(iii) should be modified to include or manufactured reactor after the phrase if the construction or manufacture of a facility or activity, in this paragraph b ecause the § 21.3 definition of "basic component" does not appear to be broad enough to cover a manufactured reactor due to that being a structure, system, or component, or part of an a structure, system, or component.

50.55 Paragraph 50.55(e)( 4)(ii) should be modified to include or manufactured reactor after the phrase or any defect found in the final design of a facility in this paragraph because the § 21.3 definition of "basic component" does not appear to be broad enough to cover a manufactured reactor due to that being a structure, system, or component, or part of an a structure, system, or component.

50.55 Paragraph 50.55(e)(9)(iv) should be modified or deleted (reserved) to reflect that suppliers of basic components must follow applicable requirements in 10 CFR part 21. Record retention for suppliers of basic components is governed by § 21.51 and differs from the periods set forth in § 50.55(e)(9)(iv).

50.55 The initial notification requirements in § 50.55(e)(5)(i) should be updated to reflect that emails are also a permissible initial notification method in addition to facsimileand phone notification options. This would reflect that the existing requirements were likely developed during a time period where different means of communication were dominant.

50.30 Paragraph 50.30(d) should be modified to remove references to an amendment to an application for a license to construct and operate a production or utilization facility as this appears to be an outdated license application type (i.e., a forerunner to the current combined license).

50.59 Paragraph 50.59(c)(1)(i) should be edited to replace the phrase A change with An amendment to avoid using the defined term change.

50.75 Paragraph 50.75(e) should be modified to include applicant or in all appropriate places where currently only licensee is referenced. This change would address the fact that applicants or licensees would be subject to the requirements under this paragraph. Currently, only

§ 50.75(e)(1)(iii)(C) contains the inclusive applicant or licensee.

50.82 The semicolon is misplaced after the word "and" rather than after the word "arise" in § 50.82(a)(8)(i).

50.82 Paragraph 50.82(a)(6) should be edited to correct the reference to the term decommissioning activities since this term is not defined, contrary to the current wording suggesting that the term is defined in § 50.2.

50.82 Paragraph 50.82(a)(1)(iii) should be edited to replace the phrase "the effective date of this rule" with the date of the rule that inserted that provision in the regulations to correct the regulation and provide clarity to readers.

50.100 The reference in § 50.100 to § 50.42(a) should be modified to instead reference § 50.42. The provisions of § 50.42(a) were moved to § 50.42 by 73 FR 44620 and the reference to § 50.42(a) is no longer valid.

50.109 Paragraph 50.109(a)(4) should be modified to eliminate a typographical error at the end of this provision. Specifically, the phrase with appropriated documented should be replaced with with appropriate documented.

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Affected Section Comment 51.53 In § 51.53, a reference to § 52.110 should be added after § 50.82 to reflect that 10 CFR part 52 also includes license termination provisions.

52.26 In § 52.26(b), t he words early site should be inserted after the phrase timely application for renewal of the to specify that the term "permit" refers back to the early site permit and not to the construction permit for which an application was submitted.

52.31 P aragraph 52.31(a) should be modified to read as follows: The Commission shall grant the renewal only if it determines that:. As drafted, this paragraph mandates the renewal by the Commission if the subparagraphs are met but does not prohibit the renewal if they are not met. The word "only" is inserted after the word "renewal" in order to make this a criterion for renewal.

52.31 Paragraph 52.31(b) should be modified to replace the phrase for failure to comply with with under to reflect that the provisions in § 52.31(a) are applicable to the Commission and not the applicant for renewal of an early site permit. F ailure to comply with those provisions would only result when the Commission does not grant renewal despite the provisions of the subparagraphs having been met.

52.39 Paragraph 52.39(c)(2) should be modified to remove two instances of t he word should after early site permit and that permit to improve the clarity of this paragraph.

52.39 In § 52.39(e), t he phrase changes to the early site permit, including the site safety analysis report, should be modified to read as changes to the early site permit or the site safety analysis report to clarify the relationship between the early site permit and the Site Safety Analysis Report. As currently written, the language incorrectly implies that the Site Safety Analysis Report is part of the early site permit.

52.91 Paragraph 52.91(b) should be edited to replace the phrase paragraph (a) of this section with a limited work authorization issued under § 50.10 of this chapter to reflect that the sole activities permitted under paragraph (a) of this section are the submittal of an application for a limited work authorization under § 50.10. The activities are described in § 50.10.

52.103 Paragraph 52.103(b)(2) should be edited to remove the word "that" after the word "nonconformance. " The word that which is already included before the em dash in § 52.103(b) eliminates the need for the superfluous that in § 52.103(b)(2).

52.110 The semicolon is misplaced after the word "and" rather than after the word "arise" in § 52.110(h)(1)(ii). This paragraph should be edited to modify the placement of the semicolon.

52.110 Paragraph 52.110(f) should be edited to correct the reference to the term decommissioning activities since this term is not defined, contrary to the current wording suggesting that the term is defined in § 52.1.

52.158 The semicolon between "manufacturing license" and "the provisions of the Act" in § 52.158(a)(1)(i) should be replaced with a comma.

52.177 The word license should be used instead of permit in § 52.177(d) to reflect that a manufacturing license is considered a license in accordance with the definitions in § 52.1.

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