ML20214S128

Informs of Recent Realignment within Region I Div of Reactor Projects That Affects Responsibility for Insp of Research & Test Reactor Facilities.Revised 10CFR50 & 51 Final Rule Re Submitting Written Communication Encl

ML20214S128
Person / Time
Site:	Armed Forces Radiobiology Research Institute
Issue date:	05/27/1987
From:	Wenzinger E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Irving G ARMED FORCES RADIOBIOLOGICAL RESEARCH INSTITUTE, NAVY, DEPT.OF, PHILADELPHIA NAVAL SHIPYARD
References
NUDOCS 8706090146
Download: ML20214S128 (3)

Text

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MAY 2 71987 Docket No: 50-170 Defense Nuclear Agency Armed Forces Radiobiology Research Institute ATTN: Colonel George Irving, III, MC, USAF Director Bethesda, Maryland 20014 Gentlemen:

This letter is being sent to inform you of a recent realignment within the NRC Region I Division of Reactor Projects that affects responsibility for the inspec-tion of research and test reactor facilities. We had in the past retained that responsibility within a designated section of the Region I organization, using. j various elements of the organization as necessary to complete the regional inspec-tions. We have now distributed the inspection responsibility for individual re-search and test reactor facilities throughout the various Sections of the Division of Reactor Projects as indicated in the enclosure. Overall coordination of re-search and test reactor inspections will continue to receive my attention as well as that of Tom Elsasser, Chief, Reactor Projects Section 3C.

Our selection criteria for the realignment were based primarily on the location of each research or test reactor and its proximity to an " associated resident of-fice" at a power reactor facility. A resident inspector at that facility may as-sist in conducting routine or non-routine operations inrpections at your facility, or in responding to operational events. However, routine contacts regarding in-spection matters and communications, including event reporting, shall be with the regional project inspector and supervisors listed below:

Name Position Telephone Number Larry L. Scholl Project Inspector (215) 337-5173 Eugene M. Kelly Associated Resident Inspector at the Limerick Generating Station (215) 327-1344 James C. Linville Chief, Reactor Projects Section 2A (215) 337-5122 Robert M. Gallo Chief, Projects Branch No. 2 (215) 337-5225 A separate administrative matter, regarding recent issuance (on January 5, 1987) of the final rule, " Communications Procedures Amendments, 10 CFR Part 50," needs to be addressed. That rule was published in the Federal Register on November 6, 1986 (copy enclosed) and is now incorporated in the Code of Federal Regulations, Title 10, revised as of January 1, 1987. The rule changes the way licensees shall submit written communications. Under the new procedures the licensee shall send the signed original of all Part 50 submittals to the NRC Document Control Desk with copies to the appropriate Regional Office and Resident Inspector. This includes spond8E8lb O IE SI

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MAY 2 71987 l

i many submittals for which the Regions were previously the primary recipient. For Region I research and test reactor licensees, we request that, in addition to the copy provided to the. Regional Office (ATTN: Chief, Reactor Projects Section 2A) -

and to the associated Resident Inspector, you also send a copy to the Project In-spector listed above. It appears that these communication procedure changes were not being incorporated by most research and test reactor licensees. Therefore, please review the enclosure and the revised 10 CFR 50. If you have any questions regarding this matter, you should contact the Project Inspector.

0,risiS"$bI Edward C. Wenzinger, Chief Projects Branch No. 3 Division of Reactor Projects

Enclosures:

As Stated cc w/encls:

M. L. Moore, Reactor Facility Director Public Document Room (PDR)

Local Public Document Room (LPDR) iluclear Safety Information Center (NSIC)

State of Maryland (2) bec w/encls:

Region I Docket Room (with concurrences)

Management Assistant, DRMA (w/o encl)

Robert J. Bores, DRSS T. Elsasser, Chief, RPS 3C, DRP J. Linville, Chief, RPS 2A, DRP T. Johnson, SRI (Peach Bottom), DRP J. Williams, Project Inspector, DRP

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0FFICIAL RECORD COPY I

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MAY 1987 Rev. 1 DIVISION OF REACTOR PROJECTS Di rector - Wi l l iam f. Kane - 5229, 5230 Deputy Di rector - Samuel J. Collins - $126, 5127 Secreta ry - G. Natakas - 5384 Reactor Licensing / Risk Engineer - 8. Hillman - $236 PROJECTS BRANCil NO.I DLOJ[C_JT_S_pjtANCH t49d PROJECTS BRANCH NO.3 Chier - S. Collins (Actg) 5126, 5127 Chier - R. Callo - 5225, 5228 Chier - E. Wenzinger - 5224, 5219 Sgc reta ry - M. DlDonato - 5226 Sec reta ry - R. Levin - $383 Secreta ry - M. E. Oprendek - 5133 Oparator Licensing - V. Curley - 5319 Assistants D. Cruber - 5123 Section No. 2A Section No. 3A Section No. IA Chier - J. Linville - 5122 Chier - L. E. Tripp - 5227 Project Engineer - H. Williams - 5318 Project Engineer - D. Limroth - 5121 Chier - R. Blough - 5346 Reactor Engineer - L. Scholl - 5173 Reactor Engineer - A. Sidpa ra - Sil2 Project Engineer - W. Daunack - 5232 Limerick 1&2 Beaver Valley I & 2 l Reactor Engineer - S. Peleschak - 5134 Peach Bottom 2&3 Calvert Clirrs 1 &2 i ( Ent ry Leve l ) Ginna Maine Yankee l AFRRl/ Catholic Univ./ SUNY-Burralo NBS/ Univ of Ma ryland l TMl - 1 Westinghouse TR Oyster Creek Section No. 28 Penn State /Saxton Section No. 3B Chier - L. J. Norrholm - $ 414

• Section No. In Project Engineer - R. Summers - Sil5 Chier - E. C. McCabe - 5231 Iteactor Engineer - R. Brady - 5316 Project Engineer - E. Conner - 5104 Chier - J. Wiggins - 5128 Reactor Engineer - M. Kray - 5356 Project Eng ineer - L. Doorflein - $132 Indian Point 2 Reactor Engineer - R. ruhrmeister - 5355 llope Creek Haddam Neck Rasctor Engineer - P. Ifabighorst - 5316 Salem l&2 Millstone 1 & 2 Cintichem Millstone 3 Susquehanna I&2 Rhode Island AEC Shoreham Section No. 2C Pilgrim Section No. 3C Manhattan College / Columbia Univ. Chier - J. Johnson - 5234 MIT/ Army (Watertown) Project Engineer - G. Meyer - $183 Chier - T. C. Elsasser - 5378 Reactor Engineer - N. Pe r ry - 5173 Project Engineer - D. Haverkamp - 5120 Section No. IC Reactor Engineer - C. Carpenter - 5222 indian Point 3 Chier - R. M. Heller - $281 FitzPatrick Sea b roo k Lead Reactor Engineer - N. Dudicy - 5240 Nine Mile Point I&2 Vermont Yankee (Examiner) D. Lange - $124 Cornell Univ. (Tank /TRICA) Yankee Rowe RPl/ Univ, or Lowell

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D. Coe - 5171 Reactor Engineer - B. Norris - 5289 Worcester Poly Examiner A. flowe - 5084 S. Barber - 5060 R. Turner - $187 R. Temps - 5389 T. tumb - $381 * - l'aul Svetland, Section Chier L. Kolonauski - 5875 crfective 7/12/87 D. Silk - 5327 E, Yachimiak - 5060

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l Attachment 1 NUCLEAR REGULATORY COMMISSION 10 CFR Parts 50 and 51 Communications Procedures Amendments AGENCY: Nuclear Regulatory Comission.

ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Comission (NRC) is amending its regulations that est'ablish the procedures for submitting correspondence, reports, applica-tions, or other written communications pertaining to the domestic licensing of production and utilization facilities. The amendments indicate the correct mailing address for delivery of the communications and specify the number of copies required to facilitate action by the NRC. The proposed amendments will resolve a number of problems that have developed during the past several years regarding the submission of applications and reports. In addition to clarify-ing the procedures, these amendments will result in a reduction in reproduc-tion and postage costs for the affected licensees.

EFFECTIVE DATE:

FOR FURTHER INFORMATION CONTACT: Steve Scott, Information and Records Management Branch, Division of Technical Information and Document Control, Office of Administration, Nuclear Regulatory Comission, Washington, DC 20555, Telephone: (301)492-8585.

SUPPLEMENTARY INFORMATION: Because of varying and sometimes conflicting requirements for the submittal of infomation by applicants and licensees, confusion has arisen with regard to copy requirements and proper submittal procedures. In an effort to clarify these matters, the NRC issued Regulatory Guide 10.1 (Revision 4) " Compilation of Reporting Requirements for Persons Subject to NRC Regulations" and on August 8, 1982 the Director, Division of Licensing, Office of Nuclear Reactor Regulation, issued Generic Letter 82-14

" Submittal of Documents to the Nuclear Regulatory Comission." While these b

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efforts at clarification resolved much of the confusion, these guidance documents contain outdated information and in many cases conflict with re-quirements in regulations or individual licenses. Therefore, the NRC is issuing this rule to specify copy requirements and provide mailing in-structions. The rule also clarifies the current requirement in 650.30 for making an updated copy of the application available at an appropriate office near the site for inspection by the public..

This rule supersedes all existing requirements and guidance with respect to the number of copies and nailing procedures. The Commission's guidance documents dealing with communications procedures will be revised to conform with the rule. Licensees whose technical specifications contain conflicting submittal directions are authorized by this rule to delete the conflicting directions by pen-and-ink changes to their technical specifications. The l

Commission does not expect formal applications for amendment of license to result from this rulemaking.

This rule codifies NRC actions to reduce copy requirements. With few exceptions, copy requirements for licensee reports and applications are reduced to three. By reducing the number of copies transmitted to the Commission, the rule will result in reduced reproduction and postage costs for licensees.

Uncesignated paragraphs in the amended text have been designated and obsolete titles of NRC personnel have been updated to reflect current NRC

titles.

PROPOSED RULE l

l On March 26, 1985, the Commission published a proposed rule in the Federal Register (50 FR 11884) that would: (1)clarifyandstandardize,to the extent practical, the procedures for making Part 50 submittals to the NRC; (2) reduce overall the number of copies of Part 50 submittals that applicants and licensees are required to send to the Commission; and (3) facilitate the flow of written communications from the affected licensees to NRC staff by l

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ef eliminating the need for NRC to re-transmit Part 50 submittals between NRC Headquarters and the Regional Offices. After consideration of the public I

comments received, the Comission has modified the proposed rule as discussed in the following section. In addition, conforming amendments to 10 CFR Part 51 have been included to eliminate conflicting submittal directions.

COMMENTS ON PROPOSED RULE The Comission received fifteen letters comenting on the proposed rule.

Copies of tLose letters are available for public inspection and copying for a fee at the NRC Public Document Room, 1717 H Street NW, Washington, DC.

Thirteen letters were from utilities, one from a major nuclear vendor er.a one from a national organization representing non-power nuclear reactors. There was a total of 53 individual comments that are discussed by subject below.

Copy Requirements Comment: Eight commenters responded that the rule should go further in reducing the number of copies of submittals required by the Comission. The commenters recomended that NRC reduce the requirements for the following types of submittals: (1) applications for license amendments; (2) various descriptive material, such as analyses of hydrogen control systems, analyses to ensure safe plant operation pending completion of equipment qualification, information demonstrating compliance with requirements for reduction of risk from anticipated transients without scram (ATWS) events, and infomation concerning modification of structures, systems or components of a facility; and (3) submittals required of non-power nuclear reactors.

Response: The Comission is reducing its copy requirements as suggested by the commenters. The Comission found that in many cases NRC did not fully utilize copies of the submittals named by the comenters when multiple copies were furnished by licensees. As a result, the copy requirements for the submittals named by the commenters were reduced to avoid unnecessary copying and postage costs for licensees.

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Citation of Regulatory Requirement Comment: Eight commenters addressed the section of the proposed rule that requires applicants and licensees to cite in the upper right corner of the first page of each Part 50 submittal, the specific regulation requiring the submission of the communication. The comments ranged from supportive to strongly opposed. Several commenters stated that a single submittal may be governed by several regulations. In addition, many licensee communications are in direct response to NRC requests for infonnation, such as generic letters, inspection and enforcement bulletins, and Comission orders. For these responses, identifying the governing regulation would be turdensome to the licensee and a subjective decision open to interpretation.

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! Response: The Comission has revised this section to make citing the governing regulation on the upper right corner of the first page of the

! submittal a recommendation rather than a requirement for licensees and l applicants. Standardizing the method of citing the regulation governing a submittal will help NRC administrative staff quickly and accurately sort (for distribution purposes) the large volume of correspondence, reports, applications, etc., received at NRC. The quick and proper handling of submittals that results from citing the basis for the submittal is in the best interest of the respondent as well as the NRC. However, as the commenters' have pointed out, establishing this procedure as a recuirement can cause various interpretive problems for licensees and the Comission has revised the

rule accordingly.

Apparent Conflict in Proposed Rule Comment: Three comenters responded that the proposed rule contained conflicting directions for submitting information concerning the modification of structures, systems, or components of a facility pursuant to 550.109. This submittal type is listed in both 150.4(b)(1) and 650.4(b)(2). These sections have different copy requirements. i l

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Response: The conflicting language in the proposed rule was the result of a drafting error. In the final rule, format changes were made that removed the sections containing the conflicting language noted by the comenters.

Additional Submittal Types for Inclusion in Rule Comment: Three commenters recommended that the rule be modified to add several types of submittals. Two of these connenters cumulatively suggested expanding the coverage of the rule to 10 CFR Parts: 2, 20, 21, 55, 70, and 73.

The one other commenter suggested providing general guidance on submittal procedures for the types of written communications that are not specifically mentioned in the regulations, but frequently occur in the comunication process with applicants and licensees.

I Response: The Comission is presently working to standardize the comunication procedures in the other parts of Title 10. However, those efforts will be reflected in different.rulemakings and are beyond the scope of this particular rule. In response to the third comenter, language was added to 150.4(b)(1).to identify types of written communications made pursuant to 10 CFR Part 50, not specifically mentioned in the regulations.

Waiver of Fee For License Amendments Resulting from Rule i Comment: Three comenters responded that applications for amendment of license technical specifications, which may result from promulgation of the rule, should not be subject to fees since they only address administrative matters.

Response: Since the rule does address only administrative matters and it clearly supersedes any conflicting submittal directions which may be found in I an individual licensee's technical specifications or license conditions, licensees are not required to submit formal applications to amend their .

licenses to conform with the revised communications procedures. The Commission authorizes 10 CFR Part 50 licensees to dele'te any conflicting submittal requirements from their licenses or technical specifications by 5

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I pen-and-ink changes. The Office of Inspection and Enforcement, through the NRC inspectors, will work with individual licensees to see that their procedures are updated.

Address Requirements Comment: Three comments were made regarding the change in the address requirements contained in the proposed rule. Two comenters questioned whether communications would actually be addressed to the Document Control Desk or whether they would be addressed to the current NRC recipient and mailed to the Document Control Desk. The third comenter asked why other NRC organizations, such as the Office of Inspection and Enforcement, were not identified to receive separately mailed copies.

Response: The address requirements in the rule specify that the signed original of 10 CFR 50 communications must be addressed to the "U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555."

The purpose of this rule is to establish one primary addressee for 10 CFR 50 submittals. Applicants and licensees will no longer be required to determine which NRC organization is the correct primary or secondary recipient.

Nonetheless, it is required that copies of submittals be sent to the appropriate Regional Office and NRC Resident Inspector. No other NRC organizations were identified in the rule as recipients because the NRC internal distribution system will service them.

Elevation of Administrative Matters to Regulatory Requirements Coments: Two commenters responded that the administrative requirements such as those contained in the rule (i.e. address requirements, distribution requirements, fonns of comunication, and delivery of comunications) would be more appropriately issued in a guidance document (e.g. a regulatory guide or a generic letter) rather than placed in the regulations. One comenter stated that it would be too cumbersome to change the regulations every time NRC's administrative needs change. The other commenter considered the proposed rule i to be divergent from the directives of the Atomic Energy Act of 1954 because administrative matters, such as photocopying, do not impact the health and l

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safety of the public and as such should not be managed by rule, regulation or 1 order. The commenter also felt that the rule is diametrically opposed to the l spirit of the Paperwork Reduction Act of 1980 since licensees will have to develop strict procedures to assure compliance with administrative guidelines that have been elevated to regulatory requirements.

Response: The Comission recognizes its responsibilities to minimize the j number of administrative requirements placed in the regulations. It is also l understood that administrative requirements are usually minor in nature when viewed within the full scope of NRC's prcgrams for protecting the public

health and safety. However, some administrative requirements are necessary to effectively implement these programs and therefore must be based in regulation. During the development of this rulemaking, compliance with the intent of the Paperwork Reduction Act of 1980, i.e. minimizing the Federal paperwork burden for individuals, small businesses State and local governments and other persons, was a prime consideration. Based on a detemination of actual NRC needs, the Comission, through this rulemaking, is reducing the administrative burden placed on licensees especially with respect to copying requirements. The Comission has also, in response to comenters' concerns, revised the final rule to make citing the governing regulation on the upper right corner of the first page of the submittal, a recomendation rather than a requirement for applicants and licensees.

l The administrative requirements which are contained in the rule are similar to those requirements which were previously found in 10 CFR Part 50. This rule has compiled and to a great extent standardized those earlier requirements. The Comission has detemined that the Communications rule will actually reduce burden on licensees and is in full compliance with the Atomic Energy Act and Paperwork Reduction Act.

Clarify Subsection of Rule Regarding Reports Pursuant to 650.71(b)

Comment: Two commenters recommended that $50.4(b)(2)(xviii) of the proposed rule be clarified to better define what types of reports are covered by this subsection.

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l Response: Section 50.4(b)(2)(xviii) of the proposed rule was removed from f the final rule. However, in response to the commenter's suggestion language

! was added to 150.4(b)(1) to specifically identify additional types of written comunications covered by the rulemaking.

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l Distribution Requirements to Resident Inspector Coment: Two commenters responded that the Comission should clarify what is meant by the requirement to send one copy of certain 10 CFR Part 50 submittals to the " appropriate NRC Resicent Inspector, if applicable."

Response: The Commission intends that licensees and applicants, with NRC Resident Inspectors stationed onsite, send copies of certain 10 CFR Part 50 submittals to the Resident inspector. This has been clarified in the final rule.

procedures for proprietary Information Coment: One comenter recomended that special procedures be established to protect submittals containing proprietary information. The comenter suggested that proprietary infonnation, along with the appropriate application for withholding from public disclosure, be submitted to the O

responsible NRC management person and a copy (minus the proprietary information) sent to the Document Control Desk.

i Response: NRC's internal document control procedures provide specifically for the proper handling and distribution of proprietary infonnation.

Currently, the Document Control Desk is responsible for receiving and disseminating proprietary 10 CFR Part 50 submittals sent to NRC Headquarters.

Adopting the comenter's suggestion to send proprietary infonnation directly to the responsible NRC management person would unnecessarily impede NRC's dissemination process and would not improve NRC control of proprietary information. Licensees and applicants who wish to heve proprietary information withheld from public disclosure should submit the infonnation in accordance with 10 CFR 2.790. When submitted, the proprietary information should be clearly identified and accompanied by a request containing detailed 8

[7590-01) reasons and justifications that the proprietary information be withheld from public disclosure. A nonproprietary summary describing the general content of the proprietary information should also be provided.

Submission to Project Manager Comnent: One commenter suggested that it would speed up the processing of submittals if the NRC licensing project manager was specified as the primary addressee with a copy or copies sent to the Document Control Desk.

The commenter stated that this method of addressing communications is encouraged in Generic Letter 82-30 " Filings Relating to 10 CFR Part 50 Production and Utilization Facilities" dated December 28, 1982.

Response: In actual practice, the Document Control Desk is the direct recipient of all 10 CFR Part 50 submittals mailed to NRC Headquarters. This includes those submittals addressed in the manner described in Generic Letter 82-30. This rule designates the Document Control Desk as the official addressee so that (1) the regulations more accurately reflect NRC's internal procedures and (2) correspondence procedures are made simpler for applicants and licensees. It is true that some licensees have arranged or have been requested to mail informal or courtesy copies directly to key NRC personnel and this practice will likely continue after issuance of the communications rule. However, licensees should note that in general, courtesy copies are not regarded by NRC as substitutes for formal submittals.

Clarify Submittal Due Dates Coment: One commenter recomended that the rule fonnally clarify how submittal due dates are adjusted should the date occur on a weekend or holiday.

Response: Provisions for adjusting due dates were added to the rule in section 650.4 paragraph (d).

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Implementation Schedule Comment: One commenter recommended that the rule include an implementation schedule in view of the extensive changes to internal procedures and technical specifications that will be needed to implement the new requirements.

Response: The effective date of the rule is 60 days after publication in the Federal Register. This will allow those affected by the rule sufficient time to revise their internal procedures accordingly. As mentioned in a re-sponse to a previous coment, it will not be necessary for licensees to formally apply for changes to their technical specifications. Instead, the Commission authorizes licensees to make pen-and-ink changes to correct conflicting procedures in individual licenses and technical specifications.

Subnittals in Media Other than Paper Coment: One commenter objected to the provision requiring applicants and licensees to contact the Division of Technical Information and Document I Control before making submittals in other than paper fom. The commenter stated that this requirement would unnecessarily impede the timely flow of information to the NRC.

Response: The Comission recognizes the need to keep the flow of information to the NRC as timely as is reasonably achievable. This is the primary reason the rule contains provisions for submissions in alternative media. The requirement to contact the Division of Technical Information and Document Control before making alternative media submissions is included to ensure that a submittal is in a fom usable by NRC, i.e., compatible with NRC equipment.

Exemptions to the Copy Requirements Comment: Two commenters recommended modifying the provisions in the rule regarding requests for exemptions to the copy requirements. One comenter objected to the requirement for specific exemption under 10 CFR 10

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4 50.12 in order to submit other than the number of copies specified in the proposed rule. The commenter questioned whether the Comission really wants to tie up the exemption process with such trivial matters. The other comenter suggested that the rule include provisions allowing licensees to negotiate copy requirements with the NRC project manager. The comenter states that this would codify an existing desirable practice.

Response: The Comission has modified the section to allow licensees to

request case specific exceptions to the comunications procedures through the t NRC's Division of Technical Information and Document Control.

Determination of Receipt Date l

Comment: One commenter recomended that the rule be changed to specif-ically state that the NRC Document Control Desk is the official NRC organization responsible for determining whether submittals have been filed within the required time period.

Response: For the past several years, the Document Control Desk has served as the receipt point for 10 CFR Part 50 submittals mailed to NRC Headquarters. Af ter submittals are received, they are entered, or accessioned, in the NRC's document control system. It is at this point that j 10 CFR Part 50 submittals are generally regarded as being formally filed with NRC Headquarters. This practice will continue under the provisions of the f

revised comunications procedures. In parallel with NRC Headquarters, the Regional Offices serve as the official receipt detemination point for 10 CFR submittals mailed to them.

I Drafting Changes l

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! Coment: There were numerous other coments that suggested minor editorial changes in the rule.

1 Response: These suggestions were evaluated in light of the revised struc-I ture of the rule and changes were made when they improved the rule.

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ENVIRONMENTAL IMPACT: CATEGORICAL EXCLUSION The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(3). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.

PAPERWORK REDUCTION ACT STATEMENT This final rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These require-ments were approved by the Office of Management and Budget approval number 3150-0011.

REGULATORY ANALYSIS s

The Commission has prepared a ' regulatory analysis on this final regulation.

The analysis examines the costs and benefits of the alternatives considered by the Comission. Interested persons may examine a copy of the regulatory analysis at the NRC Public Document Room, 1717 H Street NW, Washington, DC.

Single copies of the analysis may be obtained from Steve Scott, Office of Administration, U.S. Nuclear Regulatory Comission, Washington, DC 20555:

telephone 301-492-8585.

REGULATORY FLEXIBILITY CERTIFICATION STATEMENT As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b), the i Comission hereby certifies that this rule does not have a significant economic impact upon a substantial number of small entities. This rule amends 10 CFR 50 by specifying submittal procedures which facilitate NRC processing.

This rule affects nuclear generating facilities by reducing the overall regulatory burden of reproducing and transmitting submittals to the Comission. Therefore, it is r.ot expected to have a significant economic impact on any licensee.

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APPLICATION OF BACKFIT RULE The Commission has determined that the backfit rule,10 CFR 50.109, does not apply to the final rule. The final rule is purely administrative in nature, and therefore does not result in the " modification of or addition to systems, structures, cor.ponents, or design of a facility...or the procedures or organization required to design, construct, or operate a facility...". See 10 CFR 50.109(a)(1).

LIST OF SUBJECTS 10 CFR Part 50 Antitrust, Classified information, Fire prevention, Incorporation by reference, Intergovernmental relations, Nuclear power plants and reactors, Penalty, Radidtion protection, Reactor siting criteria, Reporting and record-keeping requirements.

10 CFR Part 51 Administrative practice and procedure, Environmental impact statement, Nuclear l materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements.

For the reasons set out in the preamble and under 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 adopting the following amendments to 10 CFR Parts 50 and 51.

PART 50 - DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION OF FACILITIES

1. The authority citation for Part 50 continues to read as follows:

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AUTHORITY: Secs. 103, 104, 161, 182, 183, 189, 68 Stat. 936, 937, 948, 953, 954, 955, 956, as amended, Sec. 234, 83 Stat. 1244, as amended (42 U.S.C.

2133, 2134, 2201, 2232, 2233, 2239, 2282); secs. 201, 202, 206, 88 Stat. 1242, 1248 (42 U.S.C. 5841, 5842, 5846), unless otherwise noted.

Section 50.7 also issued under Pub. L.95-601, Sec.10, 92 Stat. 2951 (42 U.S.C. 5851). Sections 50.57(d), 50.58, 50.91, and 50.92 also issued under Pub. L.97-415, 96 Stat. 2071, 2073 (42 U.S.C. 2133, 2239). Sec. 50.78 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Secs. 50.80-50.81 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Secs.

50.100-50.102 issued under sec. 188, 68 Stat. 955 (42 U.S.C. 2236).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273),

6650.10(a), (b), and (c), 50.44,50.46,50.48,50.54,and50.80(a)areissued under sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); il50.10(b) and (c) and 50.54 are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C.

2201(i)); and il50.55(e), 50.59(b), 50.70, 50.71, 50.72, 50.73 and 50.78 are issued under sec. 1610,68 Stat.950,asamended(42U.S.C.2201(o)).

2. Section 50.4 is revised to read as follows:

6 50.4 Written communications.

(a) Address requirements. The signed original of all correspondence, reports, applications, and other written communications from the applicant or licensee to the Nuclear Regulatory Comission concerning the regulations in this part or individual license conditions must be addressed to the U.S.

Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555.

(b) Distribution requirements. Copies of all correspondence, reports, and other written communications concerning the regulations in this part or individual license conditions must be submitted to the Nuclear Regulatory Comission at the locations and in the quantities set forth below (addresses for the NRC Regional Offices are listed in Appendix D of Part 20 of this chapter).

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j (1) Applications for amendment of permits and licenses; reports; and other communications. All written cramunications (including responses to: l generic letters, bulletins, infomation notices, inspection reports, and miscellaneous requests for additional information), that are required of holders of operating licenses or construction pemits issued pursuant to this l

part, must be submitted as follows, except as otherwise specified in paragraphs (b)(2) through (b)(7) of this section: the signed original to the

, Nuclear Regulatory Comission, Document Control Desk, Washington, DC 20555, ,

one copy to the appropriate Regional Office, and one copy to the appropriate NRC Resident Inspector, if one has been assigned to the site of the facility.

(2) Applications for pemits and licenses, and amendments to applications. Applications for construction permits, applications for operating licenses and amendments to either type of application must be submitted as follows, except as otherwise specified in paragraphs (b)(3) through (b)(7) of this section.

(1) Applications for licenses for facilities described in 650.21(a) and I (c) and amendments to these applications: the signed original must be sent to the Nuclear Regulatory Comission, Document Control Desk, Washington, DC 20555 1

and one copy to the appropriate Regional Office.

(ii) Applications for permits and licenses for facilities described in 150.21(b) or 6 50.22, and amendments to these applications: the signed original and 37 copies must be sent to the Nuclear Regulatory Comission, Document Control Desk, Washington, DC 20555, one copy to the appropriate Regional Office, and one copy to the appropriate NRC Resident Inspector, if-

! one has been assigned to the site of the facility.

(3) Acceptance review application. Written communications required for an application for determination of suitability for docketing pursuant to

%50.30(a)(6) must be submitted as follows: the signed original and 13 copies l to the Nuclear Regulatory Comission, Document Control Desk, Washington, DC 20555 and or.e copy to the appropriate Regional Office.

(4) Security plan and related submittals. Written comunications, as l defined in paragraphs (b)(4)(1) through (iv) of this section must be submitted l as follows: the signed original and three copies to the Nuclear Regulatory Comission, Document Control Desk, Washington, DC 20555, and two copies to the appropriate Regional Office; (i) Physical security plan pursuant to 9 50.34; l

l 15

[7590-01]

! (ii) Safeguards contingency plan pursuant to i 50.34; (iii) Change to security plan, guard training and qualification plan, or safeguards contingency plan made without prior Comission approval pursuant to i50.54(p);

(iv) Application for amendment of physical security plan, guard training

. and qualification plan, or safeguards contingency plan pursuant to i 50.90.

(5) Emergency plan and related submittals. . Written comunications as defined in paragraphs (b)(5)(1) through (iii) in this section, must be ,

submitted as follows: the signed original to the Nuclear Regulatory Commission, Document Control Desk, Washington, DC 20555, two copies to the appropriate Regional Office, and one copy to the appropriate NRC Resident Inspector if one has been assigned to the site of the facility.

l (i) Emergency plan pursuant to i 50.34; (ii) Change to an emergency plan pursuant to i 50.54(q);

(iii) Emergency implementing procedures pursuant to Appendix E.V of this part.

(6) Updated FSAR. An updated Final Safety Analysis Report (FSAR) or replacement pages, pursuant to i 50.71(e) must be submitted as follows: the signed original and 10 copies to the Nuclear Regulatory Comission, Document ,

Control Desk, Washington, DC 20555, one copy to the appropriate Regional Office, and one copy to the appropriate NRC Resident Inspector if one has been assigned to the site of the facility.

(7) Quality Assurance related submittals. (1) A change to the Safety Analysis Report quality assurance program description pursuant to l 50.54(a)(3) or i 50.55(f)(3), or a change to a licensee's NRC-accepted quality assurance topical report pursuant to i 50.54(a)(3) or i 50.55(f)(3),

, must be submitted as follows: the signed original to the Nuclear Regulatory l Commission, Document Control Desk, Washington, DC 20555, one copy to the l appropriate Regional Office, and one copy to the appropriate NRC Resident

! Inspector if one has been assigned to the site of the facility.

(ii) A change to an NRC-accepted quality assurance topical report from nonlicensees (i.e., architect / engineers, NSSS suppliers, fuel suppliers,

, constructors, etc.) must be submitted as follows: one signed original to the Nuclear Regulatory Commission, Document Control Desk, Washington, DC 20555.

i (c) Form of comunications. All copies submitted to meet the reouirements set forth in paragraph (b) of this section must be typewritten, l

(

16 l

, [7590-01) printed or otherwise reproduced in permanent fonn on unglazed paper.

Exceptions to these requirements may be granted for the submittal of micrographic, photographic, or electronic forms. Prior to making any submittal in other than paper form, the applicant or licensee must contact the Division of Technical Infonnation and Document Control Nuclear Regulatory Comission, Washington, DC 20555, telephone (301) 492-8585, to obtain specifications, copy requirements, and prior approval.

(d) Delivery of communications. Written communications may be delivered to the Document Control Desk at 7920 Norfolk Avenue, Bethesda, MD, between the hours of 8:15 a.m. and 4:00 p.m. Eastern Time. If a submittal due date falls on a Saturday, Sunday, or Federal holiday, the next Federal working day becomes the official due date.

(e) Regulation governing submission. Licensees and applicants submitting correspondence, reports, and other written communications pursuant to the regulations of this part are requested but not required to cite whenever practical, in the upper right corner of the first page of the submittal, the specific regulation or other basis, requiring submission.

(f) Conflicting requirements. The communications requirements contained in this section and 6650.12, 50.30, 50.36, 50.36a, 50.44, 50.49, 50.54, 50.55,

. 50.55a, 50.59,.50.62, 50.71, 50.73, 50.82, 50.90, and 50.91 supersede and replace all existing requirements in any license conditions or technical specifications in effect on . Exceptions to these requirements must be approved by the Division of Technical Information and Document Control, Nuclear Regulatory Comission, Washington, DC 20555, Telephone (301) 492-8585.

3. In 5 50.30, paragraphs (a) and (b) are revised to read as follows and paragraph (c) is removed. ,

5 50.30 Filing of application for licenses; oath or affinnation.

(a) serving of applicztions. (1) Each filing of an application for a license to construct and/or operate a production or utilization facility (in-cluding amendments to the applications) must be submitted to the U.S. Nuclear Regulatory Comission in accordance with 6 50.4.

(2) An additional 10 copies of the general infonnation and 30 copies of the safety analysis report, or part thereof or amendment thereto, must be 17

I [7590-01) l retained by the applicant for distribution in accordance with the written 1

instructions of the Director, Office of Nuclear Reactor Regulation, or the Director, Office of Nuclear Material Safety and Safeguards, as appropriate.

! (3) Each applicant shall, upon notification by the Atomic Safety and i Licensing Board appointed to conduct the public hearing required by the Atomic 1

i Energy Act for the issuance of a construction pemit, update the application f

and serve the updated copies of the application or parts of it, eliminating

, all superseded infomation, together with an index of the updated application, i as directed by the Atomic Safety and Licensing Board. In addition, at that

! time the applicant shall serve a copy of the updated application on the Atomic  :

! Safety and Licensing Appeal Panel. Any subsequent amendment to the i application must be served on those served copies of the application and must be submitted to the U.S. Nuclear Regulatory Commission as specified in i 50.4.  ;

(4) The applicant must make a copy of the updated application available l at the public hearing for the use of any other parties to the proceeding, and shall certify that the updated copies of the application contain the current contents of the application submitted in accordance with the requirements of f this part.

! (5) At the time of filing an application, the Commission will establish a Local Public Document Room near the site of the proposed facility, for the use i of the public, where a copy of the application, subsequent amendments, and other records pertinent to the facility will be available for public l inspection and copying, (6) The serving of copies required by this section must not occur until f

the application has been docketed pursuant to i 2.101(a) of this chapter.

Copies must be submitted to the Connission, as specified in 5 50.4 to enable t the Director, Office of Nuclear Reactor Regulation, or the Director. Office of Nuclear Material Safety and Safeguards, as appropriate, to determine whether the application is sufficiently complete to pemit docketing.

(b) Oath or affimation. Each application for a license, including whenever appropriate a construction pemit, or amendment of it, and each amendment of each application must be executed in a signed original by the applicant or duly authorized officer thereof under oath or affimation.

4. In i 50.36, paragraph (c)(5) is revised to read as follows:

18

- _ _ _ _ _ , _ _ _ _ _ _ ~ . _ _ _ _ _ _ _ _ _ . _ . . _ _ _ ~ . _ _ _ _ _ _ _ . _ - . ~ . _ _ . _ . _ .

[7590-01]

i 50.36 Technical specifications.

(c)

(5) Administrative controls. Administrative controls are the provisions relating to organization and management, procedures, recordkeeping, review and audit, and reporting necessary to assure operation of the facility in a safe manner. Each licensee shalI submit any reports to the Commission pursuant to 4

approved technical specifications as specified in i 50.4.

J j 5. In 50.36a, paragraph (a)(2) is revised to read as follows:

i . .

) 6 50.36a .

l Technical specifications on effluents from nuclear power reactors.

1 (a) i (2) Each licensee shall submit a report to the Commission within 60 days after January I and July 1 of each year, that specffies the quantity of each of the principal radionuclides released to unrestricted l areas in liquid and in gaseous effluents during the previous six months

! of operation, including any other information as may be required by the Consnission to estimate maximum potential annual radiation doses to the public resulting from eftluent releases. The report must be submitted as

! specified in i 50.4. If quantities of radioactive materials released during the reporting period are significantly above design objectives.

l the report must cover this specifically. On the basis of these reports

[ and any additional information the Consnission may obtain from the licensee or others, the Consnission may require the licensee to take action as the Consnission deems appropriate.

l

! 6. In i 50.44, paragraphs (c)(3)(vi)(A) and (c)(3)(vii)(A) are revised to i read as follows:

6 50.44 Standards for combustible gas control system in light water i cooled power reactors.

I 19  ;

[7590-01]

l (c)

(3) i (vi)(A) Each applicant for or holder of an operating license for a j

1 boiling light-water nuclear power reactor with a Mark !!! type of containment i

+

or for a pressurized light-water nuclear power reactor with an ice condenser i type of containment issued a construction permit before March 28, 1979, shall I

submit an analysis to the Comission as specified in 550.4. I

(vii)(A)ByJune 25, 1985, each applicant for or holder of an operating l license subject to the requirements of paragraphs (c)(3)(iv), (v) and (vi) of

this section shall develop and submit to the Comission a proposed schedule i for meet'ing these requirements. The schedule may be developed using  !

I integrated scheduling systems previously approved for the facility by the NRC.

7. In i 50.49, paragraph (h) and the introductory language of paragraph (1)  ;

are revised to read as follows. j l

5 50.49 Environmental qualification of electric equipment

, important to safety for nuclear power plants.

(h) Each licensee shall notify the Comission as specified in i 50.4 of

, any significant equipment qualification problem that may require extension of the completion date provided in accordance with paragraph (g) of this section ,

! within 60 days of its discovery.

(1) Applicants for operating licenses granted after February 22, 1983,

! but prior to November 30, 1985, shall perform an analysis to ensure that the '

Pl ant can be safely operated pending completion of equipment qualification l

required by this section. This analysis must be submitted, as specified in '

i i 50.4, for consideration prior to the granting of an operating license and  ;

, must include, where appropriate, consideration of:

i,

8. In 50.54, the introductory language of paragraph (a)(3), (a)(3)(1), (f),

and the introductory language of (p), (q), and (w)(4) are revised to read as i follows

l l

l 20

[7590-01) 6 50.b4 Conditions of licenses.

(a)

(3) After March 11,1983, each licensee described in paragraph (a)(1) of this section may make a change to a previously accepted quality assurance program description included or referenced in the Safety Analysis Report, provided the change does not reduce the comitments in the program description previously accepted by the NRC. Changes to the quality assurance program description that do not reduce the connitments must be submitted to the NRC at least annually in accordance with the requirements of 5 50.71. Changes to the quality assurance program description that do reduce the connitments must be submitted to NRC and receive NRC approval prior to implementation, as follows:

(i)ChangesmadetotheSafetyAnalysisReportmustbesubmitted,as specified in i 50.4 Changes made to NRC-accepted quality assurance topical report descriptions must be submitted, as specified in i 50.4.

(f) The licensee shall at any time before expiration of the license, upon request of the Comission, submit, as specified in i 50.4, written statements, signed under oath or affimation, to enable the Comission to determine whether or not the license should be modified, suspended, or revoked.

(p) The licensee shall prepare and maintain safeguards contingency plan procedures in accordance with Appendix C of Part 73 of this chapter for effecting the actions and decisions contained in the Responsibility Matrix of the safeguards contingency plan. The licensee may make no change which would decrease the effectiveness of a security plan prepared pursuant to i 50.34(c) or Part 73 of this chapter, or of the first four categories of infomation (Background,GenericPlanningBase,LicenseePlanningBase. Responsibility Matrix) contained in a licensee safeguards contingency plan prepared pursuant to $50.34(d) or Part 73 of this chapter without prior approval of the Comission. A licensee desiring to make such a change shall submit an application for an amendment to a license pursuant to i 50.90. The licensee may make changes to the security plan or to the safeguards contingency plan without prior Comission approval if the changes do not decrease the safeguards effectiveness of the plan. The licensee shall maintain records of 21 i

[7590-01) changes to the plans made without prior Commission approval for a period of two years from the date of the change, and shall submit, as specified in i 50.4, a report containing a description of each change within two months after the change is made. Prior to the safeguards contingency plan being put into effect, the licensee shall have:

(q) A licensee authorized to possess and/or. operate a nuclear power reactor shall follow and maintain in effect emergency plans which meet the standards in i 50.47(b) and the requirements in Appendix E to this part. A licensee authorized to possess and/or operate a research reactor or a fuel facility shall follow and maintain in effect emergency plans which meet the requirements in Appendix E of this part. The nuclear power' reactor licensee may make changes to these plans without Connission approval only if the changes do not decrease the effectiveness of the plans and the plans, as changed, continue to meet the standards of 6 50.47(b) and the requirements of Appendix E of this part. The research reactor licensee and/or the fuel facility licensee may make changes to these plans without Connission approval, only if these changes do not decrease the effectiveness of the plans and the plans, as changed, continue to meet the requirements of Appendix E of this part. Proposed changes that decrease the effectiveness of the approved emergency plans shall not be implemented without application to and approval by the Commission. The licensee shall submit, as specified in i 50.4, a report of each proposed change for approval. If a change is made without approval, the licensee shall submit, as specified in i 50.4, a report of each change within 30 days after the change is made.

(w)

(4) The licensee shall report, as specified in i 50.4, on April 1 of l

each year, the present levels of . insurance or financial protection it i maintains and the sources of the insurance or protection.

i 9. In 5 50.55, paragraphs (e)(3), (f)(3), and (f)(3)(1) are revised to read

as follows:

i 50.55 Conditions of construction pennits.

22

[7590-01]

(e)

(3)(1) The holder of a construction pemit shall also submit, as specified in i 50.4, a written r(port on a reportable deficiency within 30 days.

(11) The report must include a description of the deficiency, an analysis of the safety implications and the corrective action taken, and sufficient information to permit analysis and evaluation of the deficiency and of the corrective action. If sufficient infonnation is not available for a definitive report to be suomitted within 30 days, an interim report containing all available infonnation shall be filed, as specified in i 50.4, together with a statement that indicates when a complete report will be filed.

(f) * * *

(3) After March 11,1983, each construction permit holder described in paragraph (f)(1) of this section may make a change to a previously accepted 4

quality assurance program description included or referenced in the Safety Analysis Report, provided the change does not reduce the connitments in the program description previously accepted by the NRC. Changes to the quality assurance program description that do not reduce the comitments must be submitted to NRC within 90 days. Changes to the quality assurance program description that do reduce the comitments must be submitted to NRC and receive NRC approval before implementation, as follows:

(1)ChangestotheSafetyAnalysisReportmustbesubmittedforreviewas specified in i 50.4 Changes made to NRC-accepted quality assurance topical report descriptions must be submitted as specified in i 50.4.

10. In i 50.55a, paragraphs (g)(5)(ii) and (g)(5)(iii) are revised to read as follows:

i 50.55a Codes and standards.

(g) Inservice inspection requirements.

i (5) 23

.~ .-- . - - - - . . _ _ _ _ _ . _ . _ _ - - . _ . - - .-- _ _ _ . _ ,c - _ _ . - _ - , _ _ . -_- ___- --.-_._.,m. __----_m-

[7590-01J (ii) If a revised inservice inspection program for a facility conflicts with the technical specification for the facility, the licensee shall apply to

the Connission for amendment of the technical specifications to confom the ,

j technical specification to the revised program. The licensee shall submit l this application, as specified in i 50.4, at least six months before the start

of the period during which the provisions become applicable, as detemined by i paragraph (g)(4) of this section.

I (iii) If the licensee has determined that confomance with certain code requirements is impractical for its facility, the licensee shall notify the Commission arJ submit, as specified in i 50.4, infomation to support the j deteminations.

j 11. In i 50.59, paragraph (b) is revised to read as follows:

l t 50.59 Changes, tests, and experiments.

q (b)(1) The licensee shall maintain records of changes in the facility and l of changes in procedures made pursuant to this section, to the extent that

! these changes constitute changes in the facility as described in the safety l analysis report or to the extent that they constitute changes in procedures as l described in the safety analysis report. The licensee shall also maintain records of tests and experiments carried cut pursuant to paragraph (a) of this

section. These records must include a written safety evaluation which pro-

! vides the bases for the determination that the change, test, or experiment

does not involve an unreviewed safety question.

l (2) The licensee shall submit, as specified in 650.4, a report containing

! a brief description of any changes, tests, and experiments, including a

! sunnary of the safety evaluation of each. The report must be submitted l l annually or at such shorter intervals as may be specified in the license.

(3) The records of changes in the facility shall be maintained until the l date of termination of the license, and records of changes in procedures and [

! records of tests and experiments shall be maintained for a period of five '

j years. .

. . . . . t j

12. In i 50.62, paragraphs (c)(6) and (d) are revised to read as follows:

i 24

[7590-01]

t 50.62 Requirements for reduction of risk from anticipated transients without scram (ATWS) events for light-water-cooled nuclear power plants.

(c) *  ;

(6) Information sufficient to demonstrate to the Comission the adequacy of items in paragraphs (c)(1) through (c)(5) of this section shall be submitted to the Comission as specified in 5 50.4.

(d) Implementation. By 180 days after the issuance of the QA guidance for non-safety related components, each licensee shall develop and submit to the Comission, as specified in i 50.4, a proposed schedule for meeting the requirenients of paragraphs (c)(1) through (c)(5) of this section. Each shall include an explanation of the schedule along with a justification if the schedule calls for final implementation later than the second refueling outage after July 26, 1984, or the date of issuance of a license authorizing operation above 5 percent of full power. A final schedule shall then be mutually agreed upon by the Consnission and licensee.

13. In i 50.71, paragraphs (a), (b) and (e)(1) are revised to read as tollows:

i 50.71 Maintenance of records, making of moorts.

(a) Each licensee and each holder of a construction pemit shall maintain all records and make all reports, in connection with the activity, as may be-required by the conditions of the license or pemit or by the rules, regula-tions, and orders of the Comission in effectuating the purposes of the Act, including section 105 of the Act. Reports must be submitted in accordance with 5 50.4.

(b) With respect to any produc' tion or utilization facility of a type described in il 50.21(b) or 50.22, or a testing facility, each licensee and each holder of a construction pemit shall submit its annual financial report, including the certified financial statements, to the Comunission, as specified in i 50.4, upon issuance of the report.

(e)

(1) The licensee shall submit revisions containing updated infomation 25

[7590-01J to the Comission, as specified in i 50.4, on a replacement-page basis that is accompanied by a list which identifies the current pages of the FSAR following page replacement.

14. In i 50.73, paragraphs (c) and (d) are revised to read as follows:

i 50.73 Licensee event report system.

(c)Supplementalinformation. The Comission may require the licensee to submit specific additional information beyond that required by paragraph (b) of this 'section if the Comission finds that supplemental material is necessary for complete understanding of an unusually complex or significant l

event. These requests for supplemental infomation will be made in writing and the licensee shall submit, as specified in i 50.4, the requested informa-tion as a supplement to the initial LER.

(d)Submissionofreports. Licensee Event Reports must be prepared on Fom NRC 366 and submitted within 30 days of discovery of a reportable event or situation to the U.S. Nuclear Regulatory Comission, as specified in i 50.4

15. In 5 50.82, paragraph (a) is revised to read as follows:

4 5 50.82 Applications for temination of licenses.

(a) Any licensee may submit an application to the Comission, as spect-fied in i 50.4, for authority to surrender a license voluntarily and to dis-mantle the facility and dispose of its component parts. The Comission may require infomation, including infomation as to proposed procedures for the disposal of radioactive material, decontamination of the site, and other procedures, to provide reasonable assurance that the dismantling of the l

facility and disposal of the component parts will be performed in accordance j with the regulations in this chapter and will not be inimical to the comon l defense and security or to the health and safety of the public.

26

[7590-01]

I

16. Section 5 50.90 is revised to read as follows:

6 50.90 Application for amendment of license or construction pemit.

Whenever a holder of a license or construction permit desires to amend the license or permit, application for an amendment must be filed with the Connission, as specified in i 50.4, fully describing the changes desired, and following as far as applicable, the form prescribed for original applications.

17. In i 50.91, paragraph (a)(1) is revised to read as follows:

6 50.91 Notice for public connent; State consultation.

(a) Notice for public comment. ('1) At the time a licensee requests an amendment, it must provide to the Commission, in accordance with the distribution requirements specified in i 50.4, its analysis about the issue of no significant hazards consideration using the standards in 5 50.92.

18. In Appendix E, section V is revised to read as follows:

Appendix E - EMERGENCY PLANNING AND PREPAREDNESS FOR PRODUCTION AND UTILIZATION FACILITIES V. Implementing Procedures No less than 180 days prior to the scheduled issuance of an operating license for a nuclear power reactor or a license to possess nuclear material the applicant's detailed implementing procedures for its emergency plan shall be submitted to the Commission as specified in i 50.4. Licensees who are au-thorized to operate a nuclear power facility shall submit any changes to the emergency plan or procedures to the Commission, as specified in i 50.4, within 30 days of such changes.

19. In Appendix G, section V, paragraph E is revised to read as follows:

Appendix G - FRACTURE TOUGHNESS REQUIREMENTS l

27

• ~ ~

[7590-01]

V. Inservice Requirements - Reactor Vessel Beltline Material E. The proposed programs for satisfying the requirements of sections V.C. and V.D. of this appendix must be submitted, as specified in i 50.4, for review and approval on an individual case basis at least three years prior to the date when the predicted fracture toughness levels will no longer satisfy the requirements of section V.B. of this appendix.

20. In Appendix H. section II, paragraph B.3 and section III, paragraph A are revised to read as follows:

Appendix H - REACTOR VESSEL MATERIAL SURVEILLANCE PROGRAM REQUIREMENTS II. Surveillance Program Criteria B.

3. A proposed withdrawal schedule must be submitted with a technical justification as specified in 6 50.4. The proposed schedule rust be approved prior to implementation. -

III. Report of Test Results A. Each capsule withdrawal and the test results must be the subject of a sunnary technical report to be submitted, as specified in i 50.4, within one year after capsule withdrawal unless an extension is granted by the Director, Office of Nuclear Reactor Regulation.

21. In Appendix I, section IV, paragraph A.3. and paragraph A.3.a of the

" Concluding Statement on Position of the Regulatory Staff (Docket-RM-50-2)"

are revised to read as follows:

Appendix I - NUMERICAL GUIDES FOR DESIGN OBJECTIVES AND LIMITING CONDITIONS FOR OPERATION TO MEET THE CRITERION "AS LOW AS IS REASONABLY ACHIEVABLE" FOR RADI0 ACTIVE MATERIAL IN LIGHT-WATER-COOLED NUCLEAR POWER REACTOR EFFLUENTS 28

[7590-01]

e.

.Sec. IV. Guides on technical specifications for limiting conditions for operation for light-water-cooled nuclear power reactors licensed under 10 CFR Part 50.

A. * * *

3. Report these actions as specified in i 50.4, within 30 days from the end of the quarter during which the release occurred.

Concluding Statement on Position of the Regulatory Staft (Docket-RM-50-2)

A. * * *

3. * * *

a. The applicant submits, as specified in i 50.4, an evaluation of the potential for effects from long-term buildup on the environment in the vicinity of the site of radioactive material, with a radioactive half-life greater than one year, to be released; and

22. In Appendix J. section V, paragraph B.I. is revised to read as follows:

Appendix J - PRIMARY REACTOR CONTAINMENT LEAKAGE TESTING FOR WATER-COOLED POWER REACTORS V. Inspection and Reporting of Tests B. Report of test results. 1. The preoperational and periodic tests must be the subject of a summary technical report submitted to the Commission, as specified in i 50.4, approximately three months after the conduct of each test. The report must be titled " Reactor Containment Building Integrated Leak Rate Test."

23. In Appendix K, section II, paragraph 1.c. is revised to read as follows:

Appendix K - ECCS EVALVATION MODELS 29

.- . . [7590-01]

II. Required Documentation I.

c. The licensee shall submit to the Commission, as specified in 5 50.4, a complete listing of each computer program, in the same form as used in the evaluation model.

l

24. In Appendix M, Paragraph 2 is revised to read as follows: j Appendix M - STANDARDIZATION OF DESIGN; MANUFACTURE OF NUCLEAR  :

POWER REACTORS; CONSTRUCTION AND OPERATION OF NUCLEAR POWER REACTORS MANUFACTURED PURSUANT TO COMISSION LICENSE

2. An application for a manufacturing license pursuant to this Appendix M must be submitted, as specified in i 50.4, and meet all the requirements of $550.34(a)(1)-(9) and 50.34a(a) and (b), except that the preliminary safety analysis report shall be designated as a " design report" and any required information or analyses relating to site matters shall be predicated on postulated site parameters which must be specified in the application. The application must also include information pertaining to design features of the proposed reactor (s) that affect plans for coping with emergencies in the operation of the reactor (s).

f 25. In Appendix N paragraph 2. is revised to read as follows:

l APPENDIX N - STANDARDIZATION OF NUCLEAR POWER PLANT DESIGNS:

LICENSES TO CONSTRUCT AND OPERATE NUCLEAR POWER REACTORS OF DUPLICATE DESIGN AT MULTIPLE SITES l

2. Applications for construction permits submitted pursuant to this Appendix must include the information required by il 50.33,50.33a,50.34(a) and50.34a(a)and(b)andbesubmittedasspecifiedin550.4. The applicant shall also submit the information required by 6 51.50 of this chapter.

30

e- . [7590-01]

-26. In Appendix 0, paragraph 2 is revised to read as follows:

Appendix 0 - STANDARDIZATION OF DESIGN; STAFF REVIEW OF STANDARD DESIGNS

2. The submittal for review of the standard design must be made in the same manner and in the same number of copies as provided in il 50.4 and 50.30 for license applications.

27. In Appendix Q, paragraph 2 is revised to read as follows:

Appendix Q - PRE-APPLICATION EARLY REVIEW OF SITE SUITABILITY ISSUES

2. The submittal for early review of site suitability issue (s) must be made in the same manner and in the same number of copies as provided in il 50.4 and 50.30 for license applications. The submittal must include suffi-cient infomation concerning a range of postulated facility design and opera-tion parameters to enable the Staff to perfom the requested review of site suitability issues. The submittal must contain suggested conclusions on the issues of site suitability submitted for review and must be accompanied by a statement of the bases or the reasons for those conclusions. The submittal must also list, to the extent possible, any long-range objectives for ultimate development of the site, state whether any site selection process was used in preparing the submittal, describe any site selection process used, and explain what consideration, if any, was given to alternative sites.

PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND l RELATED REGULATORY FUNCIIONS

28. The authority citation for Part 51 continues to read as follows:

i AUTHORITY: Sec.161,68 Stat.948,asamended(42U.S.C.2201); secs. 201, as amended, 202, 88 Stat.1242, as amended. 1244(42U.S.C.5841,5842).

Subpart A also issued under National Environmental Policy Act of 1969, l

secs.102,104,105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 31 l

i c -

[7590-01]

4335); and Pub. L.95-604, Title II, 92 Stat. 3033-3041. Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C. 2021).

29. Section 51.54 is revised to read as follows:

5 51.54 Environmental Report - Manufacturing License.

Each applicant for a license to manufacture a nuclear power reactor or, for an amendment to a license to manufacture seeking approval of the final design of the nuclear power reactor, pursuant to Appendix M of Part 50 of this chapter, shall submit with its application, as specified in i 50.4, a separate document', entitled " Applicant's Environmental Report - Manufacturing License,"

or " Supplement to Applicant's Environmental Report - Manufacturing License."

The environmental report shall address the environmental matters specified in Appendix M of Part 50 of this chapter, and shall contain the infonnation spec-ified in 9 51.45, as appropriate.

30. Section 51.55 is revised to read as follows:

6 51.55 Environmental Report-Number of copies; Distribution.

(a) Each applicant for a license to construct and operate a production or utilization facility covered by paragraphs (b)(1), (b)(2), (b)(3) or (b)(4) of

$51.20 or for a license amendment covered by paragraph (b)(5) of 6 51.20 shall submit to the Comission an environmental report, or any supplement to an environmental report in the manner specified in i 50.4. The applicant shall retain an additional 109 copies of the environmental report or any supplement l to the environmental report for distribution to parties and Boards in the NRC proceeding, Federal, State, and local officials and any affected Indian tribes, in accordance with written instructions issued by the Director of Nuclear Reactor Regulation or the Director of Nuclear Material Safety and Safeguards, as appropriate.

(b) Each applicant for a 1icense to manufacture a nuclear power reactor, or for an amendment to a license to manufacture seeking approval of the final l design of the nuclear power reactor, pursuant to Appendix M of Part 50 of this

! chapter shall submit to the Commission an environmental report or any 32

.e [7590-01]

supplement to an environmental report in the manner specified in i 50.4. The applicant shall retain an additional 109 copies of the environmental report or any supplement to the environmental report for distribution to parties and Boards in the NRC proceeding, Federal, State, and local officials and any affected Indian tribes, in accordance with written instructions issued by the Director of Nuclear Reactor Regulation.

Dated at Bethesda, Maryland, this 8 / g- day of 1986.

For the Nuclear Regulatory Comission.

,.. .$/

Ffctor Stello, Jr.,

Acting Executive'Di ctor for Operations.

33

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