ML20211K198
| ML20211K198 | |
| Person / Time | |
|---|---|
| Issue date: | 08/29/1996 |
| From: | Lesar M NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Nilsen C NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20008B475 | List:
|
| References | |
| FRN-62FR6664, RULE-PR-2, RULE-PR-40, RULE-PR-70, RULE-PR-76 AF56-2-016, AF56-2-16, NUDOCS 9710090172 | |
| Download: ML20211K198 (29) | |
Text
__ _
,s#* **%s, p =~ #*a h, (
UNITE] STATES
'4}
g NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30MH001
[)h g,_ g ri N ! t 1996 MEMORANDUM TO: Charles W. Nilson offi e.of Huclear ReguJatory Research
/.:.,,pc/ /nt?
FROM: $1 ael T. Lesa'r/ Chief Rules Review Se** m Rules Review and .>irectives Branch Division of Freedom of Information and '
Publications Services Office of Administration
SUBJECT:
RFVIEW OF FEDERAL REGISTER NOTICE FOR DRAFT DIRECT VINAL RULE ENTITLED "USEC PRIVATIZATION ACT" The Rules Review Section has reviewed the Federal Register notice for the draftindirect regulations 10 CFR final rule40, Parts that70, amends ana 76.theWeCommission's have attached a marked comments.
copy of the Federal Register notice that presonts our When this document is forward ^.; for signature and publication, please have a member of your staff include a 3.5" diskette that contains a copy ofpackage.
of the transmittal the document in Wordperfect 5.0 or 5.1 as part The diskette will be forwarded for use by the document. the OFR and the Government Printing Office in typesetting If you have any questions concerning this matter, please have a member of your staff contact Michael liarrison at 415-6865.
Attachment:
As stated t.
9710090172 971003 PDR PR 2 62FR666_4, PDR
U N 0'O/'/
NUCLEAR REGULATORY COMMISSION 10 CFR Parts 40, 70 and 76 y
/
flAl'.//$O-Ah~$
l USEC Privatization 4ct i
i AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regulations concerning the licensing of uranium enrichment facilities to reflect changes made to the Atomic Energy Act of 1954, as amended (the Act by the USEC Privatization Act legislation. The principal effect cf this legislation is to direct the Board of Directors of the United States Enrichment Corporation (USEC) to sell the assets of the USEC to a private sector en ity. The private sector corporation that purchases the assets of (d (,,,
tb Ccfho a4 ton will be responsible f or the operation of the two gaseous diffusion plants and the development of the atomic vapor laser isotope separation (AVLIS) technology. The legislation also directs that AVLIS uranium enrichment facility will be licensed subject to the provisions of the Act pertaining to source material and special nuclear material rather than under the provisions pertaining to a production facility, in addition, k provision is made to impose civil penalties on the USEC or its successor for !
failure to comply with regulatory requirements governing the safety of the
% w aia h gl( " (MC e r ib tutttf lf/# Ib/Mjk*Y Ih fA N J
operation of gaseous diffusion plants. A Muirement is also added prohibiting issuance of a license / certificate as related to Corporation foreign ownership or domination. Another change eliminates the requirement C G v d\ L A(NW that the Commission certify that rpor411on o is in compliance with NRC regulations u LW each year. MInstead, the Commissinn can determine how frequently ih butt th rpo tion must submit a recertification application to the NRC, provided W L t/ $ Iqtdly that the NRC recertify Co r t4en compliance with its regulations at lebt once every five years.
DATE: The final rule is effective on (insert date 60 days after publication) unless sipificant adverse comments are received by the (insert date 30 days afterpublication). If the effective date is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Mail written comments to: The Secretary, U.S. Nuclear Regulatory Commission, Washingt:n, QC 20555-0001. ATTN: Docketing and Service Branch.
Hand deliver comments to: 115555 Rockville Pike, Rockville, Md, between 7:30 am and 4:15 pm on Federal workdays.
For information on submitting comments electronically , see the discussion under Electric Assess in the Supplementary Information Section.
Copies of comments received may be examined or copied for a fee, at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC.
FOR FURTHER INFORMATION CONTACT: Mr. C. W. Nilsen, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6209, 2
2 SUPPLEMENTARY INFORMATION:
Background
On April 26, 1996, President Clintos si ned into law H.R. 3019 (Pit hr tht fu l .
Law % 104-134), legislation which provide Y)1996appropriationstoa o
i number of Federal agencies, included within the legislation is a sut:~npter
- entitled, "USEC Privatization Act" which r n ; ;thu thir.; g directs the r
, Board of Directors of the United States Enrichment Corporation (USEC) to sell i
the assets of the USEC to a private sector entit . The private sector corporation that purchases the assets of 4
n will be responsible for the operation of the two gaseour diffusion facilities and the development 4
of the atomic vapor laser isotope separation (AVLIS) technplogy. In addition e4 nW,4144Isho the legislation amended the Atom c_ Fn-v Ac^(theActpithrespecttothe kdit[llf 5 m licensu.s of AVLIS and certificat on of Part 76 gaseous diffusion plant P.
Discussion NO The principal effects of Pug,p g 4 104-134 on W C d ssEdtS s regulations is that the referenced AVLIS uranium enrichment facilities will be licorned pursuant to the provisions of the Act pertaining to source material t
and pecial nuclear material rather than the provisions pertaining to a production facility. Under this legislation, licensing of AVLIS will be a single step licensing process with one license issued pursuant to 10 CFR Parts 40 and 70 rather than a two-part licensing process under 10 CFR Part 50. The licensing of AVLIS, as with other licensed uranium enrichment facilities, also
-3
4 k4 mandates an environmental review, adjudicatory hearing, inspection before b operation, and third party liability insurance. However, all uranium k3 s-enrichment facilities remain productton facilities for other purposes of the y +4 Act such as controlling the export of specially designed or prepared uranium
, ~3
~8- g' enrichment equipment and preservation of Federal authority in Agreement w R 3y States, f(% th t ^"thg n
~ ey,eliminatestherequirementthattheCommissioncertify g eferperetig'.soperationofthegaseousdiffusionplantsisin compliance with NRC regulations on a yearly basis. Instead, the Commission can determine how frequently on must submit a rec tification application to the NRC, provided that the NRC recertify compliance with its regulations at least once every five years.
In addition, provision is made to impose civil penalties on the USEC or its successor for failure to compinwlth regulatory requirements governing the unW 19 (M _
Y/ plants.
, -+ safety of the opera t (ion of(Part 76jg)aseous diffusion A requirement is also-added prohibiting' issuance of a license / certificate as related to [g[JC
-Cerpereti g foreign ownership or domination.
The Commission is proceeding with this rulemaking, which is essentially conforming in nature, to amend 10 CFR parts 40, 70, and 76 as required to implement section 3116 of Pub y Ly 104-134.
Section 3116 ef "eblic L-aw-144-134' mended the Act as follows:
An amendment to section lly. of the Act provides that AVLIS may be ed using the one-step licensing process set forth in section A. # 193 of the Act (the same provision that Louisiana Energy Services'
saa- -
ypplic'ationisbeingprocessedunder).
n amendment of section 193 of the Act mandates that the 4
]
Commission not issue a certification of compliance to the USEC or its successor private corporation if the Commission determines- 1 that(1dheCorporationisowned,controlledordominatedbyan alien, a foreign corporation, or a foreign government; 2) al to the common defense or security of 1"ssuancewouldbeini is the United States; or ) $[ inimical to the maintenance of a reliable and economical domestic source of enrichment services, ep ~ e 4 heb Anotuer amendment of section 193 eliminates the requirement that
< u' the Commission certify that the Corporation is in compliance with NRC regulations each year. Instead, the Commission can determine how frequently the Corporation must submit a recertification application to the NRC, provided that the NRC recertify Corporation compliance with its regulations at least once every five years. Congress, however, did not eliminate the requirement foundinsection170ha)oftheActthattheNRC eport at least annually to the Congress on the status of health, safety, and environmental conditions at the gaseous diffusion plants, e
QSection 3116 also modifies section 234a. of- the Act to provide the ission with the authority to issue civil penalties to # 'I# I4lllII/
forporation for regulatory violations. 1 V. 1
- h thh itulc To conform with the a d c.jpeyhangestotheAct,thiamendmentskontain several new and/or revised licensing / certification requirements specific to
. the Corporation and its successor's operation of uranium enrichment facilities.
The amendments.to 10 CFR chapter I W2 rgnecessary to implement these requirements include:
1 5
The definition of Corporation has been revised and/or added to include the USEC privatized entity (See il 40.4, 70.4 and 76.4);
The requirement prohibiting issuance of a license / certificate as related mfg to torpGat4cn foreign ownership or domination (See il 40.38, 70.40 and 76.22);
The provision concerning periodic recertification for operation (See il 76.31, 76.35(n), 76.36(a), 76.43, 76.45(a), 76.55, 76.66(c) and 76.68(b));
MQ 9/ iU $4(flW The authority to issue civil penalties toAgor-panHnn for regulatory violations (See il 76.72, 76.J0 and 76.113).
The N nr Lyuiatory commisuwtis aisc amending the regulations in 10 CFR Part 76 to correct several miscellaneous errors in the regulatory text.
TheseerrorsinCFRtextoccurredintheprocessofpreparingandprinting%
theIr/t,v.I ulemak % &cument. J'"blh he d $ fp $ } m 3 /997 (S9 /& W ?YY)3 C particula 55 76.111 and 76.ll3(c) " uncontrolled classified" should
}
be " unclassified controlled"/Iuclear/nformation. Also in 5 76.76(a)(2) the
"(c)" should be "(b)".
Electronic Access Comments may be submitted electronically, in either .t3CII text or Wordperfect forn'at (version 5.1 or later), by calling the NRC Electronic Bulletin Board (BBS) on FedWorld. The bulletin board may be accessed using a personal computer, a modun, and one of the commonly available communications softw&re packages, or directly via Internet.
If using a personal computer and modem, the NRC rulemaking su'bsystem on 6
FedWorld can be_ accessed directly by dialing _the toll free number 1-800-303-9672.- Communication software parameters should be set as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). Using ANSI or VT-100 l terminal emulation, the NRC NUREGs _and Reg Guides- for Comment subsystem can then be accessed by selecting the " Rules Menu" option from the "NRC Main j Menu." for further information about options available for NRC at FedWorld, consult the " Help /Information Center" from the "NRC Main Menu." Users will l find the "FedWorld Online User's Guides" particularly helpful. Many NRC
- subsystems and data bases also have a " Help /Information Center" option that is
[ ' tailored to the particular subsystem.
The NRC subsystem on FedWorld can also be accessed by a direct dial phone number for the main FedWorld BBS, 703-321-3339, or by using Telnet via Internet: fedworld. gov. If using 703-321-3339 to contact FedWorld, the NRC subsystem will be accessed from the main FedWorld menu by selecting the
" Regulatory, Government Administration and State Systems," then selecting
" Regulatory Information Mall ." At that point, a menu will be displayed that has an option "U.S. Nuclear Regulatory Commission" that will take you to the NRC Online main menu. The NRC Online area also can be accessed directly by typing "/go nrc" at a FedWorld command line. If you access NRC from FedWorld's main menu, you may-return to FedWorld by selecting the " Return to FedWorld" option fram the NRC Online Main Menu. However, if you access NRC at FedWorld by using NRC's toll-free number, you will have full access to all NRC systems but you will not have access to the main FedWorld system.
If you contact FedWorld using Telnet, you will see the NRC area and menus, including the Rules menu. Although you will be able to download documents and leave messages, you will not be able to wi te comments or upload' 7
files (comments). If you contact FedWorld using FTP, all files can be accessed and downloaded but uploads are not allowed; all you will see is a i
list of files without descriptions (normal Gopher look). An index file ;
listing all files within a subdirectory, with descriptions, is included.
There is a 15-minute limit for FTP access.
Although FedWorld can be accessed through the World Wide Web, like FTP, that mode only provides access for downloading files and does not display the NRC Rules Menu.
For more information on NRC bulletin boards call Mr. Arthur Davis, Systems Integration and Development Branch, NRC, Washington, DC 20555, telephone (301) 415-5780; e-mail AXD30nrc. gov.
Procedural Background Because NRC considers this action noncontroversial and routine, we are approving it without seeking public comments on proposed amendments. This
-action will become effective on (60 days after publication in the Federal Register). However, if the NRC ret.eives significant adverse comments by (30 4
days after publication in the Federal Register), %the NRC will publjc_ht :
d::;;;... U 4 withdr this action and wH1%ress the comments received in
""a be^ p ep ::d fu apprevel .i.d response to the :qu::teg revisions d'9 M-a haina ca cr-Rt p 4ftl Yttt A $ublished in fth md hel Nft/ MI p-4 p edIM..les ;;;tien Qthis Federal C:c . r.t. .;ill be ;d.{, d ' ";;;l , ule vii W.: ;-ara e 2L The Registeg.
NRC will not initiate a second comment period on this action.
> 8 1
a
1 Environmental Impact: Categcrical Exclusion i
i The NRC has determined that this regulation is the type of action i: described as a categorical exclusion in 10 CFR 51.22(c)(1) and (3).
l Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this direct final' rule, t
.I Paperwork Reduction Act Statement This final rule amends information collection requirements that are Af subject to the Paperwork Reduction Act of 19 A (44 U.S.C. 3501 et seq.).
These requirements were approved by the Office of Management and Budget approval number 3150-0020, -0021, -0009, -0039. ,
1 Regulatory Analysis Changesto10CFRParts40,7pand76f must be made to bring these regulations into conformance with the Act as amended by the "USEC PrivatizationAct"(Pub,lic.LawNo.104-13h.Thus,-the/o[tionoptionisnot feasible for rulemaking and is not considered further.
The chief benefit to the public, industry, and NRC will be derived from the codification of i R.;. r gulations to conform to the changes to the Act. Codification will facilitate the process for review of a license application for an enrichment facility and provide the final regulatory bas
^
for health and safety review of the application. g The principal cost will be the expenditure offstaff resources in 9
.w - - , -
codifying the reouirements. Codification of-the requirements should also result in a better understanding of the procedures and requirements for licensing and/or certification of enrichment facilities, and W , s g reduce the litigatio burden that might result from not having the provisions of the Act codified regulation.
This constitutes the regulatory analysis for tne direct final rule.
Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), the 1
Commission certifies that, if promulgated, this rulemaking will not have a significant economic impact un a substantial number of small entities. The rule, when promulgated, would affect only persons who build or operate enrichment facilities for producing enriched uranium. The owners of enrichment facilities do not fall within the scope of the definition of "small 1 p & (FA *;L.hD entities" set forth in'Sectier 501(3) Of the ".e;&try flexiuiiity Act, 25 j KS.C.At?,er +ha small Businaes liza Standards-set-ent-in regulettere usuaC br Une 5nratt Buriners-Administration 7t 13 CFR-Part-11C 1
l Backfit Analysis The NRC has determined that the backfit rules, 10 CFR 50.109 and 76.76, do not apply to this rule. Thus, a backfit analysis is not required for these amendments because they do not involve any provisions that would impose backfits as defined in il 50.109(a)(1) and 76.76(a)(1).
10
List of Subjects 10'CFR Part 40
'M Criminal penaly, Government contracts, Hazardous materials y
. -transportation, Nuclear materials, Reporting and recordkeeping requirements, '
Source material, Uranium.
10 CFR Part 70 g Q gf,j d g g*
Criminal penalt(, Hazardous materials transportation,kNuclear materials, Packaging and containers, Radiation protection, Reporting and
, recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material.
{tN5 Criminal penalt , u'z M eur 2terials transportttic ,, 'iclear teri m , r. 1 ;in; "d raa+' inert, Radiation protection, Reporting and recordkeeping requirements, Si-"#4e = dnmen L, Security measures, Special nuclearmateria}14% 'g.n 'en/ith,tN<tY bg ptcy} dlh1lt%
For the reasons set forth in the proamble and under the authority of the Atomic Energy Act of 1954, as amendedh the Energy Recrganization Act of 1974,
./
asamendekand5U.S.C.552and5539theCommissionispreperingtgadopkthe /
following :=Tvimigamendments to 10 CFR- Parts 40, 70, and 76.
PART 40--00MESTIC LICENSING 0F SOURCE MATERIAL 11
3 l
- 1. The authority citation for Part 40 is revised to read as follows:
AUTHORITY: Secs 62, 63, 64, 65, 81, 161, 102, 183, 186, 68 Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. lla(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.86-373, 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 m Stat. 2067 (42 U.S.C. 2022); . 193, 104 Stat. 2835 2 V,S.C 22 ,A "I 6 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.
9 55 ( 4 2 U . S . C . J23 7 )T'~~~~~ ~~~~~ ~~ "'N e purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
-m 5540.3,40.7(g),YC25(d)J1)-(3),40.35(a)-(d)and(f), 41-(tf) and (c),
N ..
40.46, 40.51(a) and (c), and 40.63-are su under sec. 161b, 1611, and 1610, x
68 Stat. 948, 949, and 950 a amended (42 U.S.C,~2201(b), 2201(1), and )
/ K /
2201(o));and55,40:5,40.9,40.25(c),(d)(3),and(4),40Q6(c)(2),40.35(e),
/ N 40.42, 40.60, '40.61, 40.62, 40.64, and 40.65 are issued under sehd1610, 68 t ( 950, as amended (42 U.S.C. 2201(o)).
- 2. In 5 40.4, the term " Corporation" is added to read as follows:
5 40.4 Definitions.
12
Corporatfon means the United States Enrichment Corporation (USEC)~, or its successor, a, Corporation that is authorized by statute to lease the gaseous diffusion enrichment plants in Paducah, Kentucky, and Piketon, Ohio, from the Department of Energy, or any person authorized to operate one or both of the gaseous diffusion plants, or other facilities, pursuant to a plan for the_privatization of USEC that is-approved by the President in accordance Eith Sections 1501 and 1502 of the Atomic Energy Act of 1954, as amended. '
- 3. A new i 40.38 is added to read as follows:
5 40.38 Ineligibility of certain applicants, f,c/-
license or certificate of compliance may be issued to the Corporation i
if the Commission determines that:
(a) The Corporation is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government; or (b) The issuar;e of such a license or certificate of compliance would be inimical to-(1) The common defense and security of the United States; or (2) The maintenance of a _ reliable and economical domestic source of enrichment services.
PART 70--DOMESTIC LICENSING 0F SPECIAL NUCLEAR MATERIAL 13
- 4. The authority citation for Part 70 is revised to read as follows:
AUTHORITY:' Sees. 51, 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, 2073, J %'lk 2201, 2232, 2233, 228 ; secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846); sec. 193, 104 ,
Stat. 2835 (42 U.S.C. 2243).
Sections 70.l(c) and 70.20a(b) also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 70.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section l 70.21(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C.
2077). Sections 70.36 and 70.44 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68 a Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under sec.108, 68 Stat. 939, as amended (42 U.S.C. 2138).
For the purposes at sec. 223, 68 Stat. 958, as amended (42 U.S.C } -
55 70.3 0.7(g),70.10,70.19(c),70.21(c),70.22(a),(b),(d)-(k),70,24 and (b) f (3), (5), (6), (d), and (i), 70.36, 70.39(b) and 70.41(a), 70.42(a) an c), 70.56, 70.57(b), (c), and d) 58(a)-(g)(3),
and (h)-(j) are issued un . 161b, 1611, and 68 Stat. 948, 949, and 950, as amended (42 U.S.C. 2201(b), 220 (f) and 2201(o)); il 70.7, 70.10,
/
70.20a(a) and (d), 70.20b(c) and-(6), 70.21( 70.24(b), 70.32(a)(6), (c),
/
(d), (e), and (g), 70.3.6,-70.51(c)-(g), 70.56, 70.57 )a nd (d), and 70.58 (a)-(g)(3)and,(h)f(h)areissuedundersec. 1611, 68 Sta amended ,
(42 U.S.C~ 2201(i)); and il 70.5, 70.9, 70.20b(d) and (e), 70.38, 70.50, /
70.51(b) and (i), 70.52, 70.53, 70.54, 70.55, 70.58(g)(4), (k), and.(lL _ s '
14
{
70.59,apd-70!60(b{and(c)areissued nde tat Q as f
amended (42 U.S.C. 2201(o .
- 5. _In i 70.4,-the term " Corporation" is added to read as follows:
570.4 Definitions.
- Corporatfon means the United States Enrichment Corporation (USEC), or its successor, a Corporation that is authorized by statute to lease the
, gaseous diffusi n enrichment plants in Paducah, Kentucky, and Piketon,.0hio, from the Department of Energy, or any person authorized to operate one or both of the gaseous diffusion plants, or other facilities, pursuant to a plan for i
the privatization of USEC that is approved by the President in accordance with i Sections 1501 and 1502 of_the Atomic-Energy Act of 1954, as amended.
i L A new I 70.40 is added to read as follows:
Y .A.
l 70.40 Ineligibility of certain applicants. pf p
license or certificate of compliance may{be issued to the Corporation
if the Commission determines that:
-(a) The Corporation is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government; or 4
15
.(b) The-_ issuance'of-such a license or certificate of compliance would be l
~ inimical to-
- (1) The common defense and security of the United States; or (2) The maintenance of a reliable and economical domestic source of j- enrichment services.
1 ff [ .A .
1 f In i 70.8, paragraph (b) is revised to read as follows:
-)
__ :- i70.8 Information collection requirements: 0MB approval.
1 -
]
! (b) The approved information collection requirements conttiined in this
- i l _- part appear in il 70.19, 70.20a, 70.20b, 70.21, 70.22, 70.24, 70.25, 70.32, j
L70.33,70.34,70.38,70.39,70.42,70.50,70.51,70.52,70.53,_70.57,70.58, j 70.59,-and 70.60.
l t
PART.76--CERTIFICATION OF GASE0US DIFFUSION PLANTS
- 8. The authority citation for Part 76 is revised to read as follows:
AUTHORITY: Secs. 161, 68 Stat._948, as amended, secs.:1312, 1701,-106-Stat. 2932,.2951, 2952; 2953 (42'U.S.C. 2201, 2297b-ll, 2297f); secs. 201, as amended, 204, 206,-88 Stat. 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 4
~5846).
2 i
16
J
'Sec. 76.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 l U.S.C. 5851). Sec. 76.35(j) also issued under sec.122, 68 Stat. 939 (42 4
U.S.C. 2152).
- 9. In i 76.4, the term " Corporation" is amended to read as follows:
176.4 Definitions.
4 i
i
[ CorporationmeanstheUnitedStatesEnrichmentCorporation(USEC),[of l ;i'{il)hecisso([ a Corporation that is authorized by statute to lease the gaseous diffusion enrichment plants in Paducah, Kentucky, and Piketon, Ohio, from the Department of Energy, or any person authorized to operate one or both 4
[ of the gaseous diffusion plants, or other facilities, pursuant to a plan for
. the privatization of USEC that is approved by the President in accordance with Sections 1501 and 1502 of the Atomic Energy Act of 1954, as amended.
- 10. A new I 76.22 is added to read as follows:
j i 76.22 Incligibility of certain applicants, pcd' s sa Jhi license or certificate of compliance mayfbe issued to the Corpo if the Ccmmission determines that:
(a) The Corporation is owned, controlled, or dominated by an alien, a 4 17
- foreign corporation, or a foreign government; or (b)-The issuance of such a license or certificate of compliance would be inimical to-
. (1) The common defense and security of the United States; or (2) The maintenance of a reliable and economical domestic source of l enrichment services.
4
. 11. Section 76.31 is revised to read as follows:
5 76.31 .^me:lPeriodic application requirement.
The Corporation"sh'illjperi.odicallhappipjtoithe;CommissibnJorla -
(erti fi c at e if[compi:1.ibce Gi n Taccord ah;cei;Wi th 'lj76];36 E onior{be forei; Apri l ;; 15
. ofithe]VeM speci fi.edl i n3n;iex t s ti;ng]; certi fjlat el o pc ompl i;ancs 7a s;?det e rmi ned b$the1CommifsioQbignoElessith~an;[ever/NijeWear51 The Ccrperatien th:ll file :n initial certific:tc :pplicatien in IM51r
- and there
- fter, the Ccrper:tien chall :pply te the Cer i::icn c:ch year en er beferc .^pril 15, fer : certificate cf cc=pl!:nce in :cccrdance with 5 75.25.
- 12. In 5 76.35, paragraph (n) is revised to read as follows:
5 76.35 Contents of initial application.
W 4
+
" -The init<iaLfiling for_a cert.ificate of complianca-musLbe_ tendered-no-later-thrn-6-months-af ter-the-effective date-of-this rulee-by-April 15r-499Er-whicheveP~O11 terr 18
)
(n) A description of the funding program to be established to ensure
.that funds will be set aside and available for those aspects of the ultimate disposal of waste and depleted uranium, decontamination and decommissioning, relating ts the gaseous- diffusion plants leased to the Corporation by the
-Department of Energy, which are the financial responsibility of the 1 Corporation. The Corporation shall establish financial surety arrang'ements to
! ensure that sufficient funds will be available for the ultimate disposal of waste and depleted uranium, and decontamination and decommissioning activities i
which are the financial responsibility of the Corporation. The funding mechanism, such as prepayment, suretv. -insurance, or external sinking fund,
- must ensure availability of funds fe; oy activities which are required to be completed both before or after the return of the gaseous diffusion facilities to the Department of Energy in accordance with the-lease between the Department and the Corporation.- The funding program must contain a basis for cost estimates used to establish funding levels and must contain means of adjusting cost estimates and associated funding levels over the duration of the. lease. The funding program need not address funding for those aspects of decontamination and decommissioning of the gaseous diffusion plants assigned to the Department of Energy under the Atomic Energy Act of-1954, as amended.
The Corporation should address the adequacy of the- financing mechanism selected in its ==1 application for certification.
- 13. -In i 76.36, paragraph (a) is revised to read as follows:
5 76.36 M nl Renewals.
(a) After issuance by the Commission of the initial certificate of 19
compliance 'and/or an approved compliance plan, the Corporation shall file period.ic :: :nnu:1 applications for renewal, as required by 5 76.31, 1
l 14. Section 76.43 is revised to read as follows:
5 76.43 fine:1 Date for decision.
The Director will render a decision on an application within 6 months of the receipt of the application unless the Director alters the date for decision and publishes notice of the new date in tiie Federal Register.
- 15. In 5 76.45, Paragraph (a) is revised to read as follows:
5 76.45 Application for amendment of certificate.
(a) Contents of amendment application, in addition to the :nnu:1 application for certification submitted pursuant to 5 76.31, the Corporation may at any time apply for amendment of the certificate to cover proposed new or modified activities. The amendment application should contain sufficient-information for the Director to make findings of compliance or acceptability for the proposed activities as required for the original certificate.
- 16. Section 76.55 is revised to read as follows:
20
1 5 76.55 Timely renewal.
In any case in which the Corporation has timely filed a sufficient waal application for a certificate of compliance, the existing certificate of compliance or approved compliance plan does not expire until the application for a certificate of compliance has been finally determineJ by the .
, 1 For purposes of this rule, a sufficient application is one that NRC.
/
addresses all elements of 5 76.36. , /f 'I.
/ p/'pv' c e
ny
- 17. In i 76.66, paragraphs (c)(lj and;(d)(1 are=d-lete; and (i),is s revised to read as follows
- L gp f' N
5 76.60, Regulatory requirements which apply, y t
W e t' Y,
l The Nticlear Requlatory Commission will use the following requirements for certi ation of the Corporation for operation of the gaseous dif on
- plants
(a) The Corpor ion shall provide for adequate pr ction of the public health ani safety and coi n defense and security.
(b) The Corporation sha provisions of this part.
comply with (c) The Corporation shall co ly t h the applicable provisions of 10CFRparc19," Notices,Instrurydns d Reports To Workers: Inspection and Investigations," with the fol ding modific ions:
(1) Civil pen:ltice ny net be impe:cd en . ^ Ccrper:tien perce:nt te 5 19.30 cf this cha-+- except fer vic12 tion cf Sectic.. '06 cf the Nergy Recrg:ni:: tic 7.ct.
(1 M Corporation shall post NRC Form 3 not later than t date of Dir3ctor's decision on the initial certificate of compliance ard/or an nitial
-/
21
. - . .. --- . . . _ ~ . - -- -. . -- - - . - _ - -
I
- )
pl for achieving compliance, during the term of the certificate, and for 30 days fo owing certificate termination.
(d)*Th Corporation shall comply with the applicable provis 10 CFR part 20, " ndards For Protection Against Radiatio with the i following modifications.
(1) Civil pen:ltic :y ^t be i pe:ed .a the C0rper:tien pursuant ta
~
5 20.2401 ef thic ch:pter except f., " ..:tien: Of section 205 ef the Energy Reor,anizatien ^.ct.
J (1) The Corporat shall comply with the uirements in this part not 1
i later than the e of the Director's decision on the i ial certificate of complian and/o as specified in a approved pla for achie n pliance.
Me) The Corporati a shall comply with the applicable provisions of 10 CFR par 1, " Reporting of Defects and Noncompliance," with the following
- modifications
(1) The Corpor tion shall comply with the requirementsjin 55 21.C and 21.21 not later than the d(te s of the Director's decistorvon the initial certificateofcomplianceand)o an initial plan f chieving compliance.
4-(2) Under i 21.31, procuremert documents,i sued by t!.e Corporatioa after
/
it submits the initial application for rtificate of compliance must specify that the provisions of 10 CFS part 21sapply.
(f) The Corporation shall ,c ly with the icable provisions of
/
10 CFR part 26, " Fitness-foret)uty Programs." The req nements of this section
,s-
- apply only if the Corp, oration elects to engage in activitiessinvolving formula quantities of strategic special nuclear material. When applicabl , the
/
requirements, apply only to the Corporation and personnel carrying ou he activitiek specified in i 26.2(a)(1) through (5).
/
,. /
- - . . . - - - _- - . - - - . . ~ . - .. .- - .- _ - . _ -
d p-9 The Corporation shall comply with the applicable provisions of ./
10 CFR part 1, " Packaging and Transportation of Radioactive Material."
(h) The Co oration shall comply with the applicable provisions f# r
- phy W .1 security an aterial control and accounting as specpi ir.
subpart E.to this part an ontained in 10 CFR part 70, "Domastic Licencing of-
- Special Nuclear Material," part
/
3, " Physical Protection of Plants and Materials," and part 74, " Material nting of Special Nuclear-ntroland)c Matt ri al . " The requirements in these p t address safeguards for three
[ different kinds of nuclear material: nuclear material of low
/speci strategic significance (Catego 111),special uclear material of moderate
, strategic significance (Catpgory II), and formula gntitiesofstrategic special nuclear mater aT (Category I). The requiremen for Category III material apply t he production of icw enriched uranium. The requirements for Categor I and Category I material apply only if the Cor ration elects
- to an a e in activities that involve these kinds of material and hen only to e situations and locations that involve these kinds of material.
(1) The Corporation shall comply with the applicable provisions of 10 CFR part 95, " Security Facility Approval and Safeguarding of National Security Information and Restricted Data," as specified in subpart E to this par revided. Screver, that civil penaltic: 0h:11 nct be 5pened en the Gorper: tion perse:nt t 5 95.51 cf this chapter except for violation: cf Section 205 cf the Energy Recrgani:ction ^ct.
- 18. In i 76.66, paragraph (c) is revised to read as follows:
Y
~
5 76.66 xpiration and termination of certificates.
23
- ._ .~ . . ..- -- - - . - - ..-.._ - . - - - . - _ -
i (c) If the Corporation does not submit an ==1 renewal application under i 76.36, the Corporation shall, on or before the expiration date specified in the existing certificate, terminate operation of the gaseous i
diffusion plants.
i 19. In i 76.68, paragraph (b) is revised to read as follows:
i ,
de i76,6blantchanges.
4 (b) To ensure that the approved application remains current with respect
- to the' actual site description and that the plant's programs, plans, policies,
! and operations are in place, the Corporation shall submit revised pages to the approved application and safety analysis report, marked and dated to indicate each change. The Corporation shall evaluate any as-found conditions that do __
not agree with the plant's programs, plans, policies, and operations in accordance.with paragraph (a) of this section. These revisions must be 1
submitted anuaMy as specified in i 76.36 of this part or at a shorter interval as may be specified in the certificate.
- 20. In i 76.72, paragraph (d) is revised to read as follows:
- 24
. - . . . 4 ._-,__....ma .. . ___
i 4- . l
,. l QV 5 76.72 Hiscellaneous procedural matters.
(d)-The procedures: set forth in 10 CFR 2.205, and in 10 CFR part 2, subpart G, will-be applied in connection with NRC action to_ impose a civil
. penalty:
_(1)foranyviolationofanyprovisionoftheAct, regulation, order,or 4
, term, condition, or limit of any certificate issued thereunder except that the
- reference in 10 CFR-2.205(a) to 10 CFR 2.201.shall refer to 10 CFR 76.70(d);
' or _
)_ (2) ursuant to Section 206 of the Energy Reorganization Act of 1974 and
. the implementing regulations in 10 CFR part 21 (Reporting of Defects and - i
~ Noncompliance), as authorized by Section 1312(e) of the Atomic Energy Act of 1954, as amended;
} * *- * * *.
T
- 21. In i 76.76, paragraph (a)(2) is revised to read as follows:
k %.1 EAC N M 4}
{g1
- g * ' '
- ~a-(2) Except as provided in paragraph'(a)(4) of this section, the
- ; Commission shall- require a systematic and documented analysis pursuant to paragraph (eb).of this section for backfits which-it seeks to impose.
25
I a
- 22. .Section 76.111 is revised to read as follows:
v V
i 76.111 Physical security,-material control and accounting, and protection of certain information.
Nuclear Regulatory. commission regulations that will be used- for certification of the Corporation'54or physical security and material control and accounting are contained in Title 10 of the Code of Federal Regulations as described in this subpart. The regulations referenced in this subpart contain requirements for physical security and material control and accounting for formula. quantities of strategic-special nuclear material (Category I), special
- nuclear material of moderate strategic significance (Category II), and special nuclear material of low strategic significance (Category III), and for protection-of Restricted Data, National Security Information, Safeguards Information, and information designated by the U.S. Department of Energy as uncentrelled cl:::ifiedpnclasQfiedj[ cont @id Nuclear Information.
23.- In i 76.113, paragraph (c) is revised to read as'follows:
4 5 76.113 i rmula o quantities of strategic special nuclehr material
- Category I.
. ifer the perpece cf thi: cubp:rt, the tere: "'icen ce" er "licen:c" c:cd in p rt: 70, 73, 2nd cf this ch:pter, ec:n, respectively, the Cerper:tien, cr the certificate cf ccepli:nce er appreved ccepli:nce pl:n.
, 26 i
. _ . . . . . _ - . ~ _ _ . - . .. -
(c) The requirements for the protection of Safeguards Information -
- pertaining to formula quantity of strategic special nuclear material
,(Category I) are contained in i 73.21. Information designated by the U.S.
i Department of Energy as encentr 11 d 01:::ifi4ncis;islifiedicontro11ed Nuclear Information must-be protected at a level equivalent to that accorded Safeguards Information.-
24 .- In i 76.1 , paragraph (b) is revised to read as follows:
f t i 76.131 Violations.
i (b) The Commission may obtain a court order for the payment of a civil penaltyimposedunderSection1312(e)6dSectjonj3116(d)oftheAtomicEnergy Act of 1954, as amended, and Section 206 of the Energy Reorganization Act of 1974, as amended; and for a violation of Section 206 of the Energy Reorganization Act of 1974, as amended.
4 / c,
~
y, Dated at Rockville, Maryland, this day of , 1996.
For the Nuclear Regulatory Commission.
27
s~,.--
/
/ N James H. Taylor, e 's
/ Executi"e Director for Operations.
/ ~\
/ \
i
\
\ ,
/
---~%__
)x'N #
./
vn t'syewt7,,se .
/-
- )
'~
28
a 4
i-IN RESPONSE, PLEASE
- REFER TO: M960828 September _5, 1996 j
j MEMORANDUM TO: James M. Taylor Executive Director for Operations hf-d.g_
1 l - FROM: John C. Hoyle, Secretary /s/
i
SUBJECT:
STAFF REQUIREMENTS-- BRIEFING ON CERTIFICATION OF USEC (SECY-96-180), 10:00 A.M., WEDNESDAY, AUGUST 28, 1996, j COMMISSIONERS' CONFERENCE ROOM, ONE WHITE
- FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE) p The Commission was briefed by Mr. William Timbers of USEC and the
, NRC staff on the certification of the USEC gaseous diffusions
- plants at Paducah and Portsmouth. The Commission will consider
, the_ certification issue and provide staff direction and guidance in the SRM on SECY-96-180, i
l I
cc: Chairman Jacison t
, Commissioner Rogers
! Commissioner Dicus Commissioner Diaz Commissioner McGaffigan OGC OCA
} -OIG 1 Office Directors, Regions, ACR3, ACNW, ASLBP (via E-Mail)
+
5 W / ,
if
. - - - .