ML20207R754
| ML20207R754 | |
| Person / Time | |
|---|---|
| Issue date: | 09/19/1986 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Shao L NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20206T154 | List: |
| References | |
| FRN-52FR1292, RULE-PR-30, RULE-PR-40, RULE-PR-50, RULE-PR-61, RULE-PR-70, RULE-PR-72 AC16-2-11, NUDOCS 8703180099 | |
| Download: ML20207R754 (15) | |
Text
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8 g UNITED STATES NUCLEAR REGULATORY COMMISSION f}b-Q 5 <j wAsmuoros, o. c. 2osss a
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m SEP 19 W M l MEMORANDUM FOR: L. C. Shao, Deputy Director Oh l
Division of Engineering Safety Office of Nuclear Regulatory Research
^
FROM: Donnie H. Grimsley, Director Division of Rules and Records Office of Administration
SUBJECT:
BANKRUPTCY FILING: NOTIFICATION REQUIREMENTS The Divisi.on of Rules and Records, ADM, has reviewed the draft final rule con-cerning bankruptcy filings; notification requirements. We have enclosed a marked-up copy of the package that set out our comments.
In order to assist you in preparing the list of dccuments centrally relevant to the final rule that is required by NRC's regulatory history procedures, you i should place the designator "AC16-2" in the upper right hand corner of each document concerning this rule that is forwarded to the Document Control System.
We have forwarded a copy of the final rule to the Information and Records Manage-ment Branch, TIDC, for their comment / concurrence concerning the paperwork manage-ment aspect of this rulemaking proceeding.
a
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If you have any questions, please have a member of your staff contact Michael T.
Lesar on ext. 27758.
it <A Y "h a Donnie H. Grimsley, Director Division of Rules and Records Office of Administration
Enclosure:
As stated I
J 8703100099 870318 PDR PR 30 52FR1292 PDR 3 .
[7590-013 NUCLEAR REGULATORY COMMISSION 10 CFR Parts 30, 40, 50, 61, 70, and 72 Bankruptcy Filing; Notification Requirements AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
SUMMARY
The Nuclear Regulatory Commission is amending its regulations t
%o requirie[alicensee e YW notify the appropriate Regional Administrator of the NRC in the event that the licensee is involved in bankruptcy pro-ceedings. The amende'd regulations are'necessary because a licensee's severe financial conditions could affect its ability to handle licensed radioactive material and the NRC must be notified so that appropriate measures to protect the public health and safety can be taken.
EFFECTIVE DATE: (Insert a date 30 days following publication in the Federal Register).
Frank Cardile, Office of Nuclear Regu-FOR FURTHER INFORMATION CONTACT:
latory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 443-7784.
SUPPLEMENTARY INFORMATION:
l Discussion Requirements tablished by the rule. The NRC is amending its regu-
/
lations to provide requirements for notification in the event of bankrupt:y 1 Enclosure A 09/03/86 em . S , e
_ . . . - _ . -_. . . = _ . _ _ . _
. [7590-01) involving licensees. Specifically, the regulatio.s require each licensee to notify the appropriate regional office of the NRC, in writing, in the bs L
event om fili.3 ^' a bankruptcy petition invc?ving the licenseeffiled W
under Title 11 (Bankruptcy) of the United States Code. A licensee would not be affected by these amendments unless and urtil a bankruptcy petition is filed. The rule' prescribes the specific actic. that a licensee would e nepio e<J be required to follow at that time. Th[ action includes notifying the NRC within a certain time period by supplying the information specified in the rule.
Need for.the rule. A licensee who is experiencing severe economic l,
hardship may not be capable of carrying out licersed activities in a manner which protects public health and safety. In par:fcular, a licensee involved in bankruptcy proceedings can have problems affe:-ing payment for the proper handling of licensed radioactive material and for the decontamina-Im-tion and decommissioning of the licensed facilit in a safe manner.
- proper materials handling or decontamination act'vities can result in the spread of contamination throughout a licensee's facility, potential for l' dispersion of contaminated material offsite, anc problems affecting the l
licensee's waste disposal activities. Instances nave occurred in which i
licensees filed for bankruptcy and the NRC has n:: been aware that this
' has happened. NRC inspectors have found, belate:iy, that a licensee has vacated property and abandoned licensed material or has been unable to l
In some decontaminate its facility and properly dispose :f the waste.
cases, NRC inspectors have found significant am:. ,ts of radioactive con-i tamination present at licensee sites and the po:ntial for dispersal of 2 Encloswe A l 09/03/86 i
1
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[7590-01]
the contaminated material offsite. Because of the potential risk to pub-lic health and safety if the facilities were lef t in their as-found con-dition, it was necessary for the NRC or the State government to take pro-tective and remedial action and to expend substantial amounts of public funds for cleanup of the facilities because funds of the bankrupt licensee were no longer available. The NRC should be notified of these situations promptly, before they become more serious, so that it can take necessary actions to assure that the health and safety of the public is protected.
There is no current regulation requiring licensees to notify the NRC in cases of bankruptcy. filings. Therefore, the NRC may not be aware of a significant financial problem for a particular licensee and thus also not be aware of potential public health and safety problems. Notifying the NRC in cases of bankruptcy will alert the Commission so that it may deal with potential hazards to the public health and safety posed by a licensee that does not have the resources to properly secure the licensed material or clean up possible contamination. a !##
lI pgllIf $
Background
On June 20, 1986, the Commission published a Notice of Proposed r: f W w ic/ in the event Rulemaking
/be licutee (51irFR 22531)/*'d-19".;
jpa in e. ovui ndM require bankruptcy filing. The comment period expired on July 21, 1986. 44- /E M y indicated in the Notice that the proposed amendments applied to all licensees covered by 10 CFR Parts 30, 40, 50, 61, 70, and 72, including l
byproduct, source, and special nuclear material licensees, as well as production and utilization facility, low-level waste disposal facility,
! and independent spent fuel storage installation licensees.
3 Enclosure A l 09/03/86 ,
[7590-01]
l Analysis of Public Comments i
Eight comment letters were received on the pro:osed amendments. l .
Four were from state agencies, two from private costanies, o om a medical group, and one from an electric utility licensee, he state agencies indicated that they support the need for t*e rule and the method of implementation. Two of the state agencies speci'ically noted that ti/)eArknN fbese.
k f h they ha,d had[several cases of bankruptcy and that dbankruptcies had cost them significant amounts of time and effort duegin most casesg to the Y hI p
3, .[ fact that they learned of the bankruptcies long afts- the action was filed. These agencies also noted that they found radioactive material f/ The comment ither abandoned or in the possession of unauthorized persons.
yfg letter from one of the private companies indicated .nat, based on their experience of having been in Chapter 11 status and :ased on their discuss-ions with other companies who have been involved ir Dankruptcy situations, M they agree re is a risk involved and proposed rule is entirely justified.
The letter from the medical group indicated op:osition to the rulg bdieved
-e4*eeThe commenter fdthe ruie affected oniy phriicians and thas to be equitable it should affect others such as engineers, plum'bers, and N r- the cwninesdnt S}ufr/ In tradesmeg MS addition,Ithat the regulation is voluminous.
response to this comment the Commission believes tts commenter has mis-understood the regulation. As stated above, the re;ulation applies to all 10 CFR Part 30, 40, 50, 61, 70 and 72 licenstes which includes a In addition, the wide variety of types of companies and individuals.
on oves /f jwc/resome regulation is not voluminousr, but requires only a r:tification to the NRC of two pieces of information. 7d e Mh4 Mi> h d or A'epuN w "#
/fnj///7 ces sy o f) ecus })prosse fde some & /irensees /d s
/r>VI/ de prfcles On O c6$xes,l' W 6 xe/t? Wesles Oste A'e3uloYe/ uns/*x JGoW$ W /0 (f~ A' O x y f e.e Z , l/Jes e t'c x c , f.de sosee /os;yope sy>v/ }c MperYed' Enclosure A 09/03/E6 ny f/hp,J. 4 mw+..u.~......._.'. .
u - .-.
[7590-01]
The comment letter from the electric utility licensee indicated opposition to the rule as it applies to 10 CFR Part 50 licensees for the
])x revninesk be/joos thef 0) following reasonty (the regulatory analysis supporting the rule relates to non-utility licensees and applying it to utilities for the sake of consistency is an inadequateJ asis for thetPart50[ndment} s an ms ~ Q-incorrect assumption $hatfthe act of filing a bannrupu.y p5ition affects C3) a utituy iicense's ability to safely handle licensed material;(the amend C
ment would further involve NRC in utility financial matters which is an
(~ CY) area where NRC should proceed cautiously; andlNR; already possesses methods of monitoring a utility licensee's financial condition including the availability of credit agency ratings which can be monitored and including required submittals of financial statements under 10 CFR 70.71(b) which NRC could review and use to observe trends. kin response to this commenter the regulatory analysis indicates other reasons for proceeding with this rulemaking besides consistency in the. regulation. These reasons include the fact that there is some potential for reduction in public and occu-pation exposure, that there is an improvement in NRC's inspection and enforcement capabilities, and that the burden on industry and NRC is minimal.
The amendment by itself would not further involve NRC in utility firLcial matters but would only make NRC aware of a specific situation. Actions taken in response to the situation are not treate: in this rulemaking.
Finally, it appears that a direct notification of bankruptcy would be a better means of NRC becoming alert to the situaticn than a monitoring of trends or credit ratings.
The comment letter from the other private company indicated that the r- o f f4e n/c Supplementary Information and the M4e texttshou:: make it clear that a licensee only has to notify the NRC if involved i- a bankruptcy as a debtor.
5 Enclosure A -
09/03/86
.e ,
.. [7590-01)
The commenter noted that a licensee might be involved as a creditor in a bankruptcy and should not have to worry about notifying the NRC in this situation. This commenter also suggested that the rule text be changed from "Each licensee shall notify...(NRC) of a petition for bankruptcy...by or against (i) A licensee" to "Each licensee shall notify ...(NRC) of In response a... petition for bankruptcy... by or against (i) The licensee,"
to the first comment, the Commission believes that the rule text itself is clear in that it states the specific situations which would require a licensee to submit a notification to the NRC. A licensee's status as a creditor or debtor is outside the rule scope as the intent of the rule is that NRC be aware of severe financial situations which could affect the licensees' capability to handle radioactive, material.
Based on this intent, the rule states specifically that a licensee should notify the NRC if there is a filing of a petition for bankruptcy by or against the licensee, an entity controlling the licensee, or an 4
It is these situations that the Supplementary affiliate of the licensee.
Information is referring to when it discusses a licensee as being " involved" o / f}e "*-
in a bankruptcy. Withregardtothesecondcomment,ther.eletextrhasbeen I changed tc --n=r+ * % cc- mt. OMMllf9lYQ l
I ENVIRONMENTAL IMPACT l
l Categorical Exclusion The NRC has determined that this regulation is the type of action Therefore, described in categorical exclusion 10 CFR 51.22(c)(3)(iii).
neither an environmental impact statement nor an environmental assessment has been prepared for this regulation.
6 Enclosure A 09/03/86 Yr '
[7590-01]
i no action is required of a licensee by these amendments unless and until a bankruptcy petition is filed, there is no impact from this rule unless bankruptcy filing occurs. Even in the event of ba-kruptcy, the impact of l be ca us e-this rule on licensees is small sdthe United States Code contains This rule I
requirements regarding notification of creditors of bankruptcy.
requires one additional notification.
In additio , the required action consist.s only of a notification by mail to the NRC, an action representing less than one-half person-hour of ef fort. The net overall cost to the industry is negligible.
BACKFIT ANALYSIS gf Backfit Analysis Factors rLj [M 10 CFR 50.109 (50 FR 38097) requires that an analysis be performed for backfits which the Commission seeks to impose on power reactor licensees. This rule requiring notification of bankruptcy has been anal-yzed based on the factors listed in 10 CFR 50.109(c) as follows:
(1) The objective of the amendments is for MC to have means in place so that it would be alerted and would have the opportunity to take necessary action to deal with potential hazards t; the public health and safety that may occur at a facility where a licensee is involved in bank-ruptcy proceedings. Although the likelihood of cility bankruptcy is small and in most instances NRC would be aware of it occurring, there is a potential that NRC may not be aware of a partic;lar bankruptcy situa-tion involving a licensee.
(2) The amendments require a licent.ee to n::ify the appropriate regional of fice of the NRC, in writing, ' n the e.snt of the commencement 8 Enclosure A 09/03/86 .
', 6 _____ _ _ _ . _ . _
. [7590-01)
Part 70 - Hazardous materials - transportation, k. clear materials, Packaging and containers, Penalty, Radiation protectim, Reporting and recordkeeping requirements, Scientific equipment, Sect-ity measures, Special nuclear material.
Part 72 - Manpower training programs, Nuclear ma.arials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.
FINAL RULEMAKING For the reasons set out in the preamble and unde the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is ado: ing the following amendments to 10 CFR Parts 30, 40, 50, 61, 70, and 72 PART 30 - RULES OF GENERAL APPLICABILITY TO DOME! TIC LICENSING OF 8YPRODUCT MATERIAL ,j
, pe n IS The authority citation for Part 30 :=th o rea'd as follows:
1.
AUTHORITY:
Sections 81, 82,161,182,183,186, 68 Stat. 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C.
2 2.U 2111, 2112, 2201, 2232,k236, 2h82); secs. 201, as ammded, 202, 206, 88 Stat. 1242, as amended 1244,1246 (42 U.S.C. 5841, 5fd2, 5846).
Section 30.7 also issued under Pub. L.95-601, uc.10, 92 Stat.
Section 30.34(b) also issued .nder sec.184, 68 2951 (42 U.S.C. 5851).
Stat. 954, as amended (42 U.S.C. 2234). Section 30.f*. also issued under sec.187, 68 Stat. 955 (42 U.S.C. 2237).
12 Enclosure A 09/03/86
.p,
[7590-01)
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For purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
SS 30.3, 30.34(b) and (c), 30.41(a) and (c), and 30.53 are issued under sec. 161b, 68 Stat, 948, as amended (42 U.S.C. 2201(b)); and $$ k 1610, 68 30.51, 30.52, 30.55, and 30.56(b) and (c) are issued under sec.
Stat. 950, as amended (42 U.S.C. 2201(o)).
- 2. Section 30.34 is amended by adding a new paragraph (h) to read as follows:*
S 30.34 Terms and conditions of licenses.
A A A A A
(h)(1) Each licensee shall notify the ap;-opriate NRC Regional Administrator, in writing, immediately followirg the filing of a voluntary or involuntary petition for bankruptcy under a j Chapter of Title 11 (Bankruptcy) of the United States Code by or a;ninst: ,
(i) [A] The licensee; (ii)
An entity (as that term is defined i- 11 U.S.C. S 101(14))
controlling [a] the licensee or listing the license or licensee as property of the estate; or (iii) An affiliate (as that term is define: in 11 U.S.C: S 101(2))
of the licensee.
(2) This notification must indicate:
(i) The bankruptcy court in which the petition for bankruptcy was filed; and (ii) The date of the filing of the petit :n.
" Changes made from the proposed to the final *.le are shown in comparative text; deletions are bracketed and lined thro.;h and additions are under-i lined. Comparative text will be removed bef: e subnittal to the Office of the Federal Register.
j 13 Enclosure A
{ 09/03/86
_.- [7590-01)
PART 40 - DOMESTIC LICENSING OF SOURCE MATERIAL iS l,p}
- 3. The authority citation for Part 40 e^a+8 re. to read as ,
follows:
AUTHORITY: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat.
932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2), 83, 84, Pub. L.95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2014(e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274, Pub. L. 8 h 3, 73 Stat.
~
688 (42 U.S.C. 2021); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 275, 92 Stat.
3021, as amended by Pub. L.97-415, 96 Stat. 2067 (42 U.S.C. 2022).
Section 40.7 also issued under Pub. L.95-601, sec. 10, 92 Stat.
2951 (42 U.S.C. 5851). Section 40.31(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 40.46 also issued under sec. 184,
. 68 Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273); $$ 40.3, 40.25(d)(1)-(3), 40.35(a-(d), 40.41(b) and (c), 40.46, 40.51(a)and(c);and40.63areissuedundersec.161b,68 Stat.948,ja amended (42U.S.C.2201(b));andSS[40.25(c )(3)gnd(4), A 40.26(c)(2), 40.35(e), 40.42, 40.61, 40.62, 40.64gnd 40.65 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
09/03/86 14 Enclosure A O, .
.' [7590-01) 2233, 2236, 2239); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended 1244', 1246 (42 U.S.C. 5841, 5842, 5846).
Section 50.7 also issued under Pub. L.95-601, sec.10, 92 Stat.
2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68 Stat. 936, 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.23, 50.35, 50.55, 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sec-tions 50.33a, 50.55a, and Appendix Q also issued under sec. 102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34, and 50.54 also issued under sec. 204, 88 Stat 1245 (42 U.S.C. 5844).
Sections 50.58, 50.91, and 50.92 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 239). Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80-50-81 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C.
2138). Appendix F also issued under sec.187, 68 Stat. 955 (42 U.S.C.
2237).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273); $$ 50.10(a), (b), and (c), 50.44, 50.46, 50.48, 50.54, and 50.80(a) are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C.
2201(b)); SS 50.10(b) and (c) and 50.54 are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and SS SC.55(e), 50.59(b),
so. 73 n 50.70, 50.71, 50.72,Fand 50.78 are issued under sec.161o, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
7p.Section50.54isamendedbyaddinganewparagraph(cc)toread as follows: b/!bn' $[ 50. 3, !!* l*: "'i
$v.23, 49. J), 30.M, 30. Ee, .ro. /u SV. Srn , Sv. 36, su 7o, Sii. V 7, &9 6.1, 9* SY, SV ar,
/ r/ ires A , E , F, 2, ar/ G.
16 Enclosure A a . em . w. % . .. . . .
!)) /!)[lf 4)
[7590-01]
For the purposes of sec. 223, 68 Stat. 958, as anended (42 U.S.C.
j-s 2273); Tables 1 and 2, $$ 61.3, 61.24, 61.25, 61.27(p), 61.41 through ,
p on s 61.43, 61.52, 61.53, 61.55,'61.56, and 61.61 through 61.63l issued under sec.,161b, 68 Stat. 948, as amended (42 U.S.C. 2201(::; $$61.10 through ot '
61.16, 61.24, and 61.80rissued under sec.161o, 68 Sut. 950, as amended (42 U.S.C. 2201(o)). ,
7 M. ,
Section 61.24 is amended by adding a new pa agraph (k) to read as follows:
~~
$ 61.24 Conditions of licenses.
A A A ,
A .A (k)(1) Each licensee shall notify the appropriate NRC Regional Administrator, in writing, immediately following the 'iling of a volun-tary or involuntary petition for bankruptcy under an,. ChapterU of Title 11 (Bankruptcy) of the United States Code by or against: ,
(i) [A] The licensee; (ii) An entity (as that term is defined in 11 U.S.C. $ 101(14))
controlling [a] the licensee or listing the license c- licensee as property of the estate; or (iii) An affiliate (as that term is defined in 1*. U.S.C. '$ 101(2))
of the licensee.
(2) This notification must indicate:
(1) The bankruptcy court in which the petitior 'or bankruptcy was filed; and (ii) The date of the filing of the petition.
l 09/03/86 18 Enclosure A
cy ,_
e Q, , , [7590-01]
,\ { l 4,
- .f p'
'g.
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PART 70 - DOMESTIC LICENSIM OF SPECIAL NUCLEAR ",3 MATERIAL js /
(G )D. The authority citation for Part 70 cr.ti-"^f t o read as follows:
- y. AUTHORITY: Secs. E,3, 53,161,182,183, 68 Stat. 929, 930, 948, 953, 954,.as amended, sec. 234, 83 Stat. 444, as amended, (42 U.S.C 2071, z ,
~
' ' ' ' 2073, 2201, 2232, 2233, 2282); secs. 201, as amended, 202, 204, 206, r., ,
- 88. Stat.1242, as amended.. 1244,1215,1246 (42 U.S.C. 5841, 5842, 5845,
.,. 0346).
Section 70.7 a'so issued under Pub. L.95-601, sec.10, 92 Stat.
V '
- Section 70.11(g) also issued under sec. 122, 68 7 ;
29i1 (42 U.S.C. 5851).
Sectio- 70.31 also issued under sec. 57d,
'le.. ./. . Stat. 939 (42 U.S.C. 2152).
' Pub. L.93-377, 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36 and 70.44 1 ,,
also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234).
bection 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C.
o f 2236,2237). Section 70.62 also issued under sec. 108, 68 Stat. 939, as
- ~
9 c amended (42 U.S.C. 2138).
For the purposes of sec. 223, i8 Stat. 958, as amended (42 U.S.C.
2273); ss 70.3, 70.19(c), 70.21(c), 70.22(a), (b), (d)-(k), 76.24(a) and (b), 70.32(a)(3), (5), (6), (d), an: (i), 70.36, 70.39(b) and (c), 70.41(a),
70.42(a) and (c), 70.56, 70.57(b), (c), and (d), 70.58(a)-(g)(3), and
' D)-(j) are issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C.
2201(b)); SS 70.7, 70.20a(a) and (c. , 70.20b(c) and (e), 70.21(c), 70.24(b),
t 70.32(a)(6), (c), (d), (e), and (g). 70.36,70.51(c)-(g),70.56,70.57(b) 1611, 68 and (d), and 70.58 (a)-(g)(3) and (-)-(j) are issued under sec.
-(70 S Stat. 949, as amended (42 U.S.C. 22:1(i); and SS g70.20b(d)pand (e), 70.38, 70.51(b) and (i), 70.52, 70.53, 70.54, 70.55, 70.58(g)(4), (k), and (1),
19 Enclosure A 09/03/86 L =
. [7590-01]
PART 72 - LICENSING REQUIREMENTS FOR THE STORAGE OF SPENT FUEL IN AN INDEPENDENT SPENT FUEL STORAGE INSTALLATION (ISFSI)
- 1. The authority citation for Part 72 is revised to read as follows:
AUTHORITY: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2282); sec. 274, Pub. L.88-273, as ce 73 Stat. 688, as amendedes amenhjn m o>$e/,,
(42U.S.C.2021); secs.201,902,206,88 Stat.1242,b243,1246 O ^ ::.f:d (42 U.S.C. 5841, 5842, 5846); Pub. L.95-601, sec.10, 92 Stat.
J 2951 (42 U.S.C. 5851); sec. 102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C.
4332).
Section 72.34 also issued under sec. 189, 68 Stat. 955 (42 U.S.C.
2239); sec. 134, Pub. L.97-425, 96 Stct. 2230 (42 U.S.C. 10154).
- 2. Section 72.33 is amended by adding a new paragraph (b)(6) to read as follows:
~
$ 72.33 License conditions.
(b) Every license issued under this Part shall be subject to the following conditions, even if they are not explicitly stated herein:
(6)(i) Each licensee shall notify the appropriate NRC Regional Administrator, in writir:g, immediately following the filing of a volun-tary or involuntary petityion for bankruptcy under any Chapterh of Title 11 7
(Bankruptcy)oftheUnitedStatesCodebyoragainst:
09/03/86 21 Enclosure A 1
e
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