ML20127P063
| ML20127P063 | |
| Person / Time | |
|---|---|
| Issue date: | 01/21/1993 |
| From: | Lessler L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19341G172 | List: |
| References | |
| FRN-57FR60975, RULE-PR-52 AE42-2-001, AE42-2-1, NUDOCS 9302010177 | |
| Download: ML20127P063 (3) | |
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- AE42-2 eM January 21, 1993 MEMORAllDUM FOR: 110 DOCS Document Control Dock P1 White Flint
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FROM: LindaLonclorgh,esMDddf>Mt/
Office of the General Councol _
SUBJECT' DOCUME!1TS COMPRISI!1G REGULATORY llISTORY FOR FIllAL BULE EllTITLED "COM13I11ED CollSTRUCTIOli PERMITS AllD OPERATIllG LICE!1SES; ColirORMlllG AMEllDMEllTS" (10 CPR PART 52)
The enclosed documento comprico the regulatory history of a final rule published at 57 FR 60975. Also enclocod is a copy of tho -
index of documents for the final rule which has been cent to '
Michael Lonar in tbo Rules Review and Directiven Dranch. The designator "AE42-2" has boon placed in the uppor right-hand corner of each document, ac well an "PDR" for each document that can be made availablo to the public, or "CF" for each document that should be placed in contral Files only.
If there are any questionn about those documents, pleaso fool froo to contact me on 504-1612.
Thank you for your assistance.
Enclosutos: An atated 9302010177 930121 PDR PR 52 57FR60975 PDR AV
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l AE42-2 l REGULATORY HISTORY INDEX FOR FINAL RULY COMDINED CONSTRUCTION PERMITS AND OPERATING LICENBES; CONFORMING AMENDHENTS i
, 10 CFR PART 52 57 FR 60975 '
DECEMBER 23, 1992 DOCURIl{IS FOR PDR 10/29/92 SECY-92-368, Memorandum to the Commissioners from William C. Parler, General Counsel, subject: Final Rulo Amending 10 CFR Part 52 12/14/92 Memorandum to the Commission from Samuel J. Chilk, Socrotary, subject: Staff Requirements Memorandum 12/23/92 Toderal Registor Notice, 57 FR 60975, " Combined Construction Formits and Operating _Licences; Conforming-Amendments" (Final rule) p_QQEliTLFOR CENTR 7& FILES 10/28/92 Memorandum for Trip B. Rothschild, OGC, from David L.
Meyer, Chief, Rules and Directives Review Branch, DFIPS/ADM, subject: Review of Final Rulo Concerning Conforming Amendments to Part 52 11/6/92 Affirmation Vote from Commissioner Rogers, subject:
SECY-92-368 - Final Rule Amending 10 CFR Part 52 11/12/92 Affirmation Voto from Commissioner Remick, subject:
SECY-92-368 - Final Rule Amending 10 CFR Part 52 11/12/92 Affirmation Vote from Commissioner De Planque, subject:
SECY-92-368 - Final Ru e Amending 10 CFR Part 52 11/12/92 Memorandulu for Michael T. Losar, Chief, Rules Review Section, DFIPS/ADM, from Brenda Jo Shelton, Chief, Information and Records Management Branch, DISS/IRM,
, subject: Request for Comment and Concurrence on the Final Rule, "10 CFR Part 52: Conforming Amendments to Part 52" t-11/17/92 Affirmation Vote from Commissioner Curtiss, subject:
SECY-92-368 - Final Rulo Amending 10 CFR Part 52 11/18/92 Affirmation Voto from Chairman Selin, subject: SECY 368 - Final Rule Amending 3 0 CFR Part 52 o
11/20/92 Memorandum for the Commission from William C. Parler,-
General. counsel, subject: Public Comment on Final Fulo Amending 10 CFR Part 52 12/7/92 Affirmation Iton for December 8, 1992, subject: SECY-92-368 - Final Rule Amanding 10 CFR Part 52 12/15/92 Memorandum for William C. Parler, General Counsel, from Samuel J. Chilk, Secretary, subject: Staff Requirements - SECY-92-368 - Fina) Hulo Amending 10 CFR Part 52 12/15/92 Note to Michael Rafky from Mike Lesar attaching comments on final draft rule of Part 52 Conforming -
Amendments
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I RULEMAKING ISSUE ' '
l october _29, 1992 ggghg SECY-92-368 l
- EQE
- The Commissioners I l
l TROM: William C. Parler ,
General Counsel
SUBJECT:
FINAL RULE AMENDING 10 CFR PART 52 .
l QIECHEElgd: On October 5, 1992, the Congress passed the j " Energy Policy Act of 1992." The Act revices '
the Atomic Energy Act of 1954, as amended, to l provido proceduros for the issuanco of ,
combined construction permits and operating licenses. The purpose of this final rule is 7
to make those changes in 10 C.F.R. Part 52 ,
that are noccusary to conform the regulation .
l to the language of the Energy Policy Act.
l Because the rule does nothing more than adopt i the language of the newly passed Act, public comment on the rule is not required. ;
Attached are (1) the Federal Register notico i amending Part 52, and (2) a comparativo text showing what language has boon added to and removed from the regulation.
, RECOMMENDATIOU: That the Commiselon: ,
i j (1) Annrove this final rule amending the i licensing process for nuclear power plants for publication in the Endgral Reaister (Enclosuro 1),
a (2) Ents:
(a) That a summary regulatory analysis is included in the final rule.
Contact:
NOTE: TO BE MADE PUBLICLY AVAILABLE Michael Rafky, OGC WHEN THE FINAL SRM IS MADE i 504-1G06 AVAILABLE F
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(b) That neither an environmental impact statement nor an environmental assessment and finding of no significant impact has been prepared for this final rule because it meets the criteria for a categorical exclusion under 10 CPR 51. 22 (c) (2) .
(c) That because this rule is being issued in final form without a notice of proposed rulemaking, the Regulatory Flexibility Act does not apply. Accordingly, no Regulatory Flexibility Analysis has been issued in conjunction with this final rule.
(d) That this final rule contains no information collection requirements and is therefore not subject to the Paperwork Reduction Act.
(e) That appropriate Congressional committees will be notified of this rulemaking action.
(f) That a public announcement will be issued.
(g) That a copy of the final rule will be distributed to all affected licensees and other interested persons.
William C. Parler General Counsel Attachments:
- 1. Federal Register Notice of Final Rulemaking
- 2. Comparative Text 2
1 3
Commissioners' comments or consent should be provided directly l to the Office of the Secretary by COB Friday, November 13, 1992. ;
- Commission Staff Office comments, if any, should be submitted ,
to the Commissioners NLT Thursday, November 6, 1992, with an ;
information copy to the Office of the Secretary. If the paper is of such a nature that it requires additional review and comment, the Commissioners and the secretariat should be apprised of when comments may be expected.
This paper is-tentatively scheduled for affirmation at an Open Meeting during the Week of November 16, 1992. Please refer to-the appropriate Weekly Commission Schedule, when published, for a specific date and time.
. DISTRIBUTION: ;
Commissioners OGC
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NUCLEAR REGULATORY COMMISSION 10 CFR Part 52 RIN 3150-AE42 Combined Construction Permits and Operating Licenses; Conforming Amendments AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
SUMMARY
- The Nuclear Regulatory Commission ("NRC" or ,
"Conmission") is amending its regulations governing the issuance i
of combined construction permits and operating licenses for nuclear power plants. The final rule incorporates all the changes to these provisions that are necessary because of the enactment of licensing reform legislation. The amendments are necessary to conform the regulations to the provisions of Title XXVIII of Public Law 102-486, signed into law on October 24, 1992.
EFFECTIVE OATE: (30 days after publication in the Federal Register.)
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FOR FURTHER INFORMATION CONTACT: L. Michael Rafky, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone: 301-504-1606.
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SUPPLEMENTARY IN.70RMATION: j l
I. Background, i l
II. Section-by-section Analysis.
1 III. Environmental Impact: Categorical Exclusion.
IV. Paperwork Reduction Act Statement.
V. Regulatory Analysis.
VI. Backfit Analysis.
I. Background Title XXVIII of Public Law 102-486, the " Energy Policy-Act of 1992," signed into law on October 24, 1992, amends the Atomic Energy Act to facilitate the standardization or nuclear power plants and to provide explicit authority for the issuance of combined construction permits and operating licenses.- The legislation largely codifies the Commission's regulations in 10 CPR Part 52. However, the legislation also makes several changes to the licensing process set forth in those regulations.
The purpose of this rule is to make those changes'necessary to conform the language of Part 52 to the provisions of the newly enacted Public Law. Because these changes are limited to-incorporating the language of that-statute-into the regulations, the NRC finds, pursuant to:5 U.S.C. 553 (b) (B) , that there is good-
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cause not to sock public comment on this rule, as such comment is:
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unnecessary. The rule will become effective 30 days after the date of publication in the Federal Register.
The final rule incorporates all necessary changes resulting from enactment of licensing reform legislation. The significant changes --
(1) Provide that the Commission may authorize a plant to operate during the pendency of a post-construction hearing on a combined construction permit and operating license (combined license) if it makes certain spccified safety findings.
Previously, under Part 52, a post-construction hearing had to be completed prior to operation; (2) Provide the Commission with the discretion to order use of either formal or informal procedures for a post-construction hearing on a combined license. Previously, under Part 52, only formal procedures were permitted; (3) Provide the Commission with the discretion to permit post-construction license amendments to a combined license, notwithstanding the pendency of a hearing request, to become effective if the commission makes a finding of "no
' significant hazards considerations." Previously, Part 52 required that hearings be completed prior to commencement of
/
operation; (4) Eliminate the requirement that there be a pre-operational antitrust review by the Department of Justice of a combined license if there have been significant developments from 3
an antitrust perspective arising since-the issuance of the combined license; and . ,
(5) Eliminate the requirement that a combined license include the earliest and latest construction completion dates.
The amendments to the rule incorporate those changes as well as other less significant changes tc ensure that Part 52 conforms as closely as possible to the statutory language.
II. Section-by-Section Analysis 9 The following analysis of those sections that are affected under this final rule provides additional explan.;ory information.. All references are to Title 10, Chepter I, U.S. Code of Federal Regulations.
Eggtion 52.79 Contents of annlications; technical information< .
The language of this section provides explicitly that the inspections, tests, analyses, and acceptance criteria must include those applicable to emergency planning and that the objective of the inspections, tests, analyses, and acceptance criteria is to provide reasonable assurance that the facility was constructed and will operate in conformity with the combined license, the Atomic Energy Act, and the Commission's rules and regulations.
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Sagtion 52.83 An,plicability of Part 50 nrovisions. ,
This_section has been revised to remove the applicability of certain provisions of Part 50 which are no longer required under the legislation. These .nclude S 50.33a, which had required in certain circumstances information to be submitted, by a holder of a combined license, to the Attorney General of the United States ;
for antitrust review; S 50.56(a), (b) and (d), which had required ,
t a construction permit for a nuclear power reactor to stata the earliest and latest dates for the completion of the facility's i construction, and other conditions thereof; and S 50.58, which had required applications for construction permits or operating licenses to be reviewed by the Advisory Committee on Reactor Safeguards (ACRS). A final change to S 52.03 is the substitution of a reference to "S 52.99" for "S 52.103." This was done because the findings to which S 52.83 refers are now contained in S 52.99.
.Section 52.97 T s su ajlg_e o f_ comb i n esL,l i ce n s e s .
This section has been amended with regard to making ,
amendments to a combined license immediately effective under the so-called "Sholly Amendment." Under the Public Law, an amendment to a combined license can be madc immediately-effective if the-Commission determines there are no significant hazards considerations. This section of the rule has been revised to 1
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incorporate the statutory provisions and previously issued Commission regulations implementing the "Sholly" amendment. The Commission, however, stresses that it will not look with favor ,
upon license amendments to a combined license-filed shortly before planned operation that could nave the effect of undermining standardization or changing the scope of imminent or pending hearings on conformance issues.
Secfion 52.99 I,nspectiqD Durina Construction.
Like the other amended sections of part 52, this section has been changed to track the language of the Public Law. In this case, the only change is to require explicitly that, prior to operation under a combined license, the NRC staff shall find that the prescribed acceptance criteria are met.
f Section 52.103 Operation under a eqpbined license.
In an effort to adhere as closely as possible to the new statutory requirements of the Public_ Law, the NRC has replaced most of its old section 5 S2.103 with:the text of section 2802 of the Public Law. Under the revised language, any request for a post-construction hearing must show, prima facio, both that one e or more of the acceptance criteria are not or will not be met, and those spccific operational consequences of nonconformance that would be contrary to providing reasonable assurance that tho 6
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public health and safety will be adequately prctected. The Commission may permit interim operation of a facility pending a hearing if it determines that this assurance exists. The Commission has the discretion to decide if any post-construction hearing will use formal or informal hearing procedures, and it must state publicly the reasons for choosing either set of procedures. The Commission must find, prior to operation of the facility, that the acceptance criteria have been met. The procedures with regard to S 2.206 petitions remain the same. ,
Additionally, there is now a new paragraph (g), which is a a modified version of old S 52.103(c). The Commission has done nothing in this section other than to incorporate the language of the Public Law into its rule.
III. Environmental Impact: Categorical Exclusion The NPC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51. 22 (c) (2) . [
Therefore, neither an environmental assessment nor an environmental impact statement has been prepared for the final regulation.
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4 IV; Paperwork Reduction Act State:acnt 2
t This~ final rule contains no information collection requirements and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1900 (44 U.3.C. 3501 et seq.).
' V. Regulatory Analysis The Nuclear Regulatory Commission has mado statutorily mandated changes in 10 CFR Part 52 in~ order to conform it to the language of-the Energy Policy Act of 1992. These changes reflect Congressionally mandated changes to the NRC's licensing process-for power reactors. Only future applicants for combined construction-perm its and operat i ng licenses.will be affected by the changes to the regulations.
VI. Backfit Analysis The NRC has dotermined that the backfit rule, 10 CFR 50.109, dcas not apply to this final rule and that a backfit analysis is not required for this final rule.. The backfit analysis is not required because these amendments are required by law and do not require the modification of or additions to systems, structures, components, or design of a facility or the design approval cr manufacturing license for a facility or the procedures or I
organization required to dasign,. construct-or operate a facility.
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List of Subjects ,
Part 52 - Administrative practice and procedure, Antitrust, Backfitting, Combined license, Early site permit, Emergency planning, Fees, Inspection, Limited work authorization, Nuclear power plcnts and reactors, Probabilistic risk assessment, Prototype, Reactor siting criteria, Pedress of site, Reporting and recordkeeping requirements, Standard design, Standard design certification.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR Part 52.
PART 52-EARLY SITE PERMITS; STANDARD DESIGN CERTIFICATIONS; ,
AND COMBINED LICENSES FOR NUCLEAR POWER PLANTS
- 1. The authority citation for Part 52 continues to read as-follows:
f AUT110RITY: Secs. 103, 104, 161, 182,-183, 186, 189,-68 Stat. 336, 948, 953, 954, 955, 956, as amended, sec. 234, 83.
Stat.. 1244, as amended (42 U.S.C. 2133, 2201, 2232, 22'3, 2236, 2239, 2282); secs. 201, 202, 206, 88 Stat. 1242, 1244, 1246, an amended (42 U.S.C. 5841,-5842, 5846).
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- 2. In S 52.79 paragraph (c) is revised to read as'follows:
S 52.79 Contents of applications; technical information._
(c) The application for a combined license must include the proposed inspections, tests and analyses, including those -
applicable to emergency planning, which the licensee shall perform and the acceptance criteria therefor which are necessary and sufficient to provide reasonable assurance that, if the inspections, tests and analyses are performed and the acceptance criteria met, the facility has been constructed and will operate ,
in conformity with the combined license, the provisions of the Atomic Energy Act, and the NRC's regulations. Where the application references a certified standard design, the inspections, tests, analyses and acceptance criteria contained in the certified design must apply to those portions of the facility ,
design which are covered by the design certification. ,
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- 3. Section 52.83 is revised to read as follows:
S 52.83 Applicability of part 50 provisions.
Unless otherwise specifically provided for in this subpart, all provisions of 10 CFR Part 50 and its appendices' applicable-to i holders of construction permits for nuclear power reactors also apply to holders of combined licenses issued under this subpart.
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Similarly, all provisions.of 10 CFR Part 50 and'its. appendices i applicable to holders of operating licenses also apply to 1.olders l
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of combined licenses issued under this subpart, once the Commission has made the findinga required under S 52.99, provided that, as applied to a combined license, 10 CFR 50.51 uust require that the initial duration of the license may not exceed 40 years from the date on which the Commission makes the findings required under S 52.99. However, any limitations contained in Part 50 regarding applicability of the provisions to certain classes of facilities continue to apply. Provisions of 10 CFR Part 50 that do not apply to holders of combined licenses issued under this -
subpart include SS 50.33a, 50.55(a), (b) and (d), and 50.58.
- 4. In S 52.97 paragraph (b) is revised to read as follows:
$ 52.97 Issuance of combined licenses.
(b) The Commission shall identify within the combined license the inspections, tests and analyses, including those applicable to emergency planning, that the licensee shall perform, and the acceptance criteria that, if met, are necessary and sufficient to provide reasonable assurance that the facility-has been constructed and will be operated in_ conformity with the license, the_ provisions of-the Atomic Energy Act, and the l
l Commission's rules and regulations. Any modification to, l
l addition to, or deletion from the terms of a combined license, ,
including any modification to, addition to, or deletion from the 11 i
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inspections, tests, analyses, or related acceptance criteria contained in such license, is a proposed amendment to such )
licence. -There she.11 be an opportunity for a hearing on the proposed amendment pursuant to the procedures specified in 10 CFR Where the Commission makes a final determination that no 50.91.
significant hazards consideration is involved and that the amendment should be issued, the amendment may be effective upon issuance, even if adverse.public comments have been received and i even if an interested person meeting the provisions for intervention in 10 CFR 2.714 has fi3ed a request for a hearing.
The Commission need hold any required hearing only after it issues an amendment, unless it determines that a significant hazards consideration is involved in which case the Commission will provide an opportunity for a prior. hearing.
- 5. Section 52.99 is revised to read as follows:
S 52.99 Inspection during construction.
After issuance of a combined licence, the=NRC staff shall ensure that the required inspections, tests, and analyses are performed and, prior to operation of the facility, shall find that the prescribed acceptance criteria are met. Holders of combined licenses shall comply with the provisions of 10 CFR 50.70 and 50.71. At appropriate intervals during construction, the NRC staff shall publish in the Federal Register noticos of the successful-completion of inspections, tests, and analyses.
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,.. 6. Section 52.101 is removed.
5 S2.101 (Removed)
- 7. Section 52.103 is revised to read as follows:
S 52.103 operation under a combined license.
(a) Not less than one hundred and eighty days befnre the date scheduled for initial loading of fuel lato a plant by a licensee that has been issued 4 combined construction permit and- ;
operating licence under section 185 b., the Commission shall publish in the Federal Register notice of intended operation.
That notico shall provide that any person whose interest may be -
affected by operation of tha-plant, may within sixty days request the commission to hold a hearing on whether the facility as constructed complies, or on completion will comply, with the
[ acceptance criteria of the license. .
(b) A request for hearing under paragraph (a) of this section shall show, prima facie, that --
(1) One or more of the acceptance criteria in the combined license have not been, -cnr will not be met; and .
(2) The specific operational consequences of nonconformance that would be contrary to providing reasonable assurance of adequate protection of the public health and safety. ,
(c) After receiving a request for a hearing, the Commission expeditiously shall either-deny or grant the request. If the request is granted, the Conmission shall determine, after considering petitioners' prima facie showing and any answers 13
i thereto, whether during a period of :erim operation, there will be reasonable assurance of adequate protection of the public health and safety. If the Commission determines that there is such reasonable assurance, it shall allow operation during an interin period under the combined licanse.
(d) The Commission, in its discretion, shall determine appropriate hearing procedures, whether informal or formal adjudicatory, for any hearing under paragraph (a) of this section, and shall state its reasons therefor.
(e) The Commission shall, to the maximum possible extent, render a decision on issues raised by the hearing request within one hundred and eighty days of the publication of the notice provided by paragraph (a) of this section or the anticipated date for initial loading of fuel into the reactor, whichever is later.
(f) A petition to modify the terms and conditions of the combined license will be processed as a request for action in accord with 10 CFR 2.206. The petitioner shall file the petition with the Secretary of the Commission. Before the licensed activity allegedly affected by the petition (fuel loading, low power testing, etc.) commences, the Commission shall determine whether any immediate action is required. If the petition is granted, than an appropriato order will be issued. Fuel loading and operation under the combined license will not be affected by the granting of the petition unless the order is made immediately effective.
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.(g) Prior to operation of-the facility, the Commission shall.
find that the acceptance criteria.in the combined license are met. If the combined -license is for a modular design, each -
. rcactor module may require a separate finding as construction '
proceeds. Conunencement of operation under a combined license is -
nQt subject to paragraph (a) of this section.
I Dated at Rockville, Maryland this day of __ ,
1992.
For the Nuclear Regulatory Commission, SAMUEL J. CHILK Secretary of the Commission. ,
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-List of Subjects 10 CFR Part 52 Applicability of part 50 provisions, Contents of applications, Inspection during construction, Issuance of combined license, Operation under a combined license, Pre-operational antitrust review.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR Part 52.
PART 52-EARLY SITE PERMITS; STANDARD DESIGN CERTIFICATIONS; AND COMBINED LICENSES FOR NUCLEAR POWER PLANTS
- 1. Section 52.79(c) is revised to read as follows:
S 52.79 Contents of applications; technical information.
(c) The application for a combined license must include the proposed ihap6ctiohsj tests { -inspeet-ione r and analyses,
'incibdingRhoso? app}i,Eable}E6[eiiisf5EH5p]dpHHih@yj which the licensee shall perform and the acceptance criteria therefor which are necessary and sufficient to provide reasonable assuranco that, if the iniipscEib[s]! testar-4rt.*peet4cne and analyses are performed and the acceptance criteria met, the facility has been constructed and will operate in conformity with the combined 1icense',,- t{e{g69igi6H5}{ig{AtisiiEfgefyf{fci67@ihi{t.hb[NRC[s pegulati'ong Where the application references _a certified standard design, the IHspEctfi6hs2 teste, 4nspect4ener analyses 1
and acceptance criteria contained in the certified design.must apply to those portions of the facility design which are covered by the design certification.
- 2. Section 52.83 is revised to read as follows:
S 52.83 Applicability of part 50 provisions.
Unless otherwise specifically provided fof in this subpart, all provisions of 10 CFR part 50 and its appendices applicable to holders of construction permits for nuclear power reactors also apply to holders of combined licenses issued under this subpart.
Similarly, all provisions of 10 CFR part 50 and its appendices applicable to holders of ope.;ating licenses also apply to holders of combined licenses issued under this subpart, once the Commission has made the findings required under S 52.99 Ma, provided that, as applied to a combined license, 10 CFR 50.51 '
must require that the initial duration of the license may not exceed 40 years from the date on which the Commission makes the findings required under S 52.99&M. However, any limitations contained in part 50 regarding applicability of the provisions to certain classes of facilities continue to apply. RF6if1;s,1biiHT6f 10TCFR7jih.~i-tT. 50?tE.
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- 3. Section 52.97 is revised to read as follows:
5 52.97 Issuance of combined licenses. 2
# 9 4 0 (b) The Commission shall identify within the combined license the tent +rinspections, tests and analyses, inc16 ding thoss'applicablo 7toEsmergenbylplanning?that the licensen shall perform, and the acceptance criteria t-herefor-Wieh th' ati pif
- not) are necessary and sufficient to provide reasonable casurance that r -if-thewest c, inopeet4+ne,-ens -ana-tyees-ere-per-f+rAed%,A the-aeeept-ance-est+da-met r the f acility has been constructed and will be operated in conformity with the license, the provisions of the Atomic Energy Act, and the Commission's rules and? regulations. Any modification to, addition to, or deletion from the terms of a combined license, including any modification to, addition to, or deletion from the t+ ster inspactichh[ t6stsi .
analyses, or related acceptance criteria contained in such license, is a proposed amendment to such license. There shall be an opportunity for a hearing on the proposed amendmente-and-any near4ng--he-14-eust--be-completed-bef+ee-epeca t-lon -- o f -- tiMo i-144y pui'suant.. sto'1the p_ro5eddrds_; sp6_cifled_FihtiO?_CFRT
< .m 50_791U "WhhFs.'the- .
Commi'ssi_dhSu,akes' a? fI.E. _6.1"dstW._fm.f_dati_lonTt_hatTn_o7si1E.
. m. - ~ i. fichhu h a z ard sic 6nsids_rstib. ._h'T,i.h_71hV,6_1Vi_d?s_hdm!t_hEt_5 t_hsis,m_sha_msnt.
- . Rah, o. h_ld be ~15sB68 pthsTimendmentlnypJgysf fsd Elys" lip 5KTishiiEE66',T6ysn'fi f advsrse*pubridTd6msis.h_ts?hs,VB71ss.-'sH,WsEs,iV6Fshd?sildh*1f
+ -
- ~.~ . _. -- -- f~sh ihtersstsd f pef son [ asEbincjjtEdyF6Vih ibssEf 6EEiHEEEysht[ip63h 10' CFR32 ? 714 (hh5 (f11sd[d}icciU55 tff 6F{57 hdsfihyp{Ths}C6mmfshi un ne sd ? hold Pa'np]i edidifsd[hesgihf6 hlplsf tisFMtTi'JsdssT{Kn';stisudssnti uhle s s 1itPd e teknine s[thatilsyigififibhhtilhitards'M6h51d dFstib n Eis 3
Apvolvedrintwhich^ case tho' commission l will providolaniopportunity for a7priorihearing.
- 4. Section 52.99 is revised to read as follows:
S 52.99 Inspection during construction. . After issuance of a combined license, the NRC staff shall asensure that the required inspections, tests, and analyses are performed and, prior;tofoperationTof??tho7 fac'111ty/ph'all? find that the prescribed acceptance criteria are met. Holders of combined licenses shall comply with the provisions of 10 CFR 50.70 and 90.71. At appropriate intervals during construction, the NRC staff shall publish in the Federal Register notices of the successful completion of inspections, tests, and analyses.
- 5. Section 52.101 is deleted from the regulation.
l 1 l
- 6. Section 52.103 is revised to read as follows:
l . 5 52.103 operation under a combined liccnse. (a) Not lens than 460 c_hs?hundf_6diandidi.ghty days before the
.-- ~-
dateTscheduled:for'initis1]Ioading of fuel into the-reaeterr-the ho4detwf-the -combkned-14eenoe--eha44, !*-wr4t4-nggotify-t-he Gom misaien-o f-the-ex pected-d abee-of-both-f4*el-4ea d4tuy-omi er-i-t4ea-14tyr-a/ plantibfyl'iE5Hdss{thjl "haslbeenf.ih50ed[h t cchbirisd ic6n stru c tioisysimitiTs Hd T opers tTngf 1'ih onss"undFdoc ti6n 185~ b/,f EThe Commission sha11 publish not4ee-of-these-<lates in the Fedora 1 RegisterEndtico "of' intended?'operstifon. WH.4 edere4' 4 i
R eg io te r-not4ce-mu s b,iloo-a d vloe-pe rsone-whooe-in teres to-wa y-be a f fec ted-by-f-o o 444-t y-opera L4en-o f-t he41-r4gh ts-u nde o-pa rag ea ph
-(-b)-o C-thin-eeot4en r That" notice ~shE117proVideYthat~snp[ person whoso interest mapfbeMaftseted by operstion}yf the[ plant",;7may t
within~ aixtyjdays rsquest"the~-Commisafosfto 7 h61d"alhaarihg;[ori whetherEthd7facilit?[hniconstrdctod~complTds~foF#on 6r cmp 1btidn villLcomply,fwithithsJdcceptance!cri'cerifiofJtheflic6nss( (b) +1-). Notrinter-than-40-dayo-+f toe--publ4 cat 4on-of4he not4ee-eequired-by AfroquestTfor' hearing Undiff;l paragraph (a) of this section -any-person-whone-1nterest-may-be-ef-f+oted-by r Fa o444 t y-ope ra t4e n-ma y--f44e-one--o r-both-of-the-f o44eving-in writing + sh611?show,ypriual fa61eilthat (i) a-pet 4-t4cn-wnloh-ehowsr-pt4ma-fooleAhat one or more of the acceptance criteria in the combined license have not beenk or w111Tnot!bif; metr cndr-es-a-resu14 r-there-ko-good-cauoe-to-mod 4-Fy or-prohibi-t-operat4en t-or (ii) h-pet 4 tdon-to-modify-the-termo-and-cond4-t4ena-of-the combined-14eenne the] specific}yperational}c6iiseqdsnced}yf; nondonf ormhnde?thatipob}dj~goly'ohtrdry[t{py@idihbf]F6HFonsbili assui'ancEToff adsquatd]ypcE6ct'ibif'of];thpTphBH6Th'6h~1th]hdTd5f aEp.
-(4t-(4-)-~---h-good-ea us e-pet 444cn-f44ed-under-pa rag eaph fb-) tit-{ l) of-this-section v444-be-<Jeanted-by-the--Gommiselon-onl-y 4-f-4-t-ineledeer-or-eleaely-eefeeeneee -offdeie4-NRG-dooumento r r documente-prepared-by-or--foe-the--oombined-14eenne-holdeer -or evide noe-ad mis sib-le-4*-a-proceed 4-ng-u nde e-su bpa rt-G-of-part-Gy which-shour --pelea-foole7-that-the-eooephanoo-cel-toe 4*rhave-not S
1
been-met. The-combkned-1-leensc -holder-and-NRG-stef4-may-f4-le anewers-to-the-pet 4t4en-within-the-t4me-epee &f4ed-in--l-O-GTR 2. 7 30 for~answere-te-mot-ione-by-part4ee-and-sta f f . I f-the--Gemmieshn in-i-te-sudgment-deeldec , on the-basis-of-the-pet 4-biens-and-any anewere-thereter-that-the-pet 4 tion-meete-the-requ-i-eemente-of-this paragraphr-t-hat-the-4esues-reieed-by--the--pet 4t4en are -not-exempt f-rom-adsudication-undee-54GrC . 554 (a) (2) , t-hat-genuine--leeues of-mateeiel-feet-are-redeed 7-and-that--eett4ement-ee-ether in formal-resel-u t4en--o f-the-issu c c ic not-possibler -thon-the g enuine-besues-of-ma teele-1-feet-eaised-by--the-pet 4t4en-must-be resolved-i-n-aecordance w ith-the-provie4 enc in - 5 U. C . C. 554, 556, and 55 whieh-are-app 14eable-to-detersnieg-epp14 eat 4ene-for in-it4a1 1 ieensee, In-auch-easear -the-not4ee-of-heanng-f-rom-the Gommiselen-muet-spee44y-the-proceduree-to-bc--fc11 awed. Mattere exempt-f-rew-edfudicat4on-under 5 U.svC. 554 (e-) ( 2 ) may-be-deelded by-the-Gemeise4en-eelely - On the-basse-of-the-showing-of--good cause-and-any-responaive pleadinger
-(4-it-A-pet-Lt4en-to -eod44y-the-terms-and-condit-ione-of-the combined-14eense-wi41 be peseessed- Oc c request f or-aet4en-in accord-#i-th-14-GER-e rB0 5 . T h e-pet 4t-lenero-eha-14-f41e-the pet 4 tion-with-t-he-Geemteey-ef-the-Commissien . Defsee-the 4-leensed-act4+i-ty allegedly-af-feeted-by-t-ho-pet 4t4on--tfne+
4ead i-ng , low powcr- tect-legr-etert-eemmenecc , the-Cemmise4en-sha-1-4 eensidee-the-pet 4tien-and-det+rwine-whether any iemed4et-e-eet4en 4e-required. I-f-the-pet 4t4cn ic granted,--thon-an-eppropr-lete order wi11 bc -- lesuedr--Fuel-leading-and--eperet4en-amder-the 6
combined Heenoewi44-not-be,rf-fected-by-the-graftt4ng-of-the y et4t4en-unlesa-the-order-4e-made-4mmedletel-y--ef-fect-i-ver-(c) Prier-to-fue4-4ead4 ngr-+he-Gommise4en-eha44-f4nd-the b th e-a ccept e noe-o el-t e ri e-4n -th e--comb ined-14eense-ha ve-been-me t-a nd that, aceerdingl-y y--the-fee 44-i-ty-hae-bc en - conoteuct-ed-and-wi44 opere to-4-n-con fo r m 14y+1th-thtWomic-Energy-Aet-a nd-the comm4ssion's-reyusetlene. I f-t he-comh4-ned-1-leens e-le-fo r-a modulee-des 4 9rn -each-reaetee-module-may- requ4-re--a-sepavate f4ed4ng-ae-conat+uot4en-proceedorAf thr]r6deiViWa{ request [for' a h6arin<fFth. o'l Commissioni es_ipe. ditibssi_ pTshair?sither,"~dehyF6f_Tg_ rant
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7
1 provided by_ paragraph ((a) of'thislsectidnTorEthejanticipatsd?date for initialfloa'dinglof1 fuel int'oTtheEreactorifwhich;everfisflater.
-(44t '(f T]At phtition";to rmodifyftheIt6fas?andlyond1Eisns fof the combined' license will?birprbcessed Tas (a"ysquesty f of.7act16n T in accord 7Vith'10iCFR121205. ' Thdyetip16ney{pEsipfile7ths petition Vith'j.the ?$ecretaryj'of{thb7C6siss}bii77Bef6fe rthe ,
licensed? activity!s116ged1lyJhff66tedby[thd[pstitibnl(fdel loadingiflosiposer tdatifig][i,tcf.EcommehEBi((th{cosissT6[sha11 consider'the petition"and*determ16sTsh;othbigahy[irdedipto] action is' required; If th6 phtitiohfiilgeshted~,Tth6n"an7 app (6pyists
~
order W111'~b6fissdod. Fuel flbagling}ahd'[ opcrstion) 6ndbM thd combinod 11censslylllTnotf M&'affsete by[th6^jgfahtiW6f ~ths petitibn"unids. s 7ths/ order Eis_is..a._d_drim_bodi,'aEs1_9~7Ef_fs.o, tips.71 _ (V ) F Prios Ttb?6pe r atioE]6f {fKoIf so1111ttgthp[CdmmissiWn3hs11 find 7that" thb"ac6Eptadce : critEV1'siiQhd}d6shih6d[ TIE 6^65b}Wfs metU lIf"theMcbmbined[11cs6seTi.hEf + ~6F&is.
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7 reactor mod 61bJmhy! require aldepsiatej'(fiEd,inyfdi!Q66stiQition proceeds 1 "Coms6ncoment]fropafatich?hhddf]"E{66mbihed"1fd6nsifis nqt 'subjectTto7 paragraph {(h)1 Dated at Rockville, Maryland this day of , 1992. For the Nuclear Regulatory Commission, l SAMUEL J. CHILK Secretary of the Commission 8 i
. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ - _ - _ _ _ _}}