ML20210C135
| ML20210C135 | |
| Person / Time | |
|---|---|
| Issue date: | 02/06/1986 |
| From: | Arlotto G NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Browning R, Cunningham R, Grimsley D, Olmstead W, Partlow J, Saltzman J, Speis T NRC OFFICE OF ADMINISTRATION (ADM), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), Office of Nuclear Reactor Regulation, NRC OFFICE OF STATE PROGRAMS (OSP), NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML20210C089 | List: |
| References | |
| FRN-51FR22531, RULE-PR-30, RULE-PR-40, RULE-PR-50, RULE-PR-61, RULE-PR-70, RULE-PR-72, TASK-CE-502-1, TASK-RE AC16-1-04, AC16-1-4, NUDOCS 8603050521 | |
| Download: ML20210C135 (21) | |
Text
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S NUCLE AR nEGULATORY COMMissl0N W ASHINGTON. D. C. 20',55
- FEB 6 1986 MEMORANDUM FOR: DISTRIBUTION FROM: Guy A. Arlotto, Director Division of Engineering Technology Office of Nuclear Regulatory Research
SUBJECT:
DIVISION REVIEW REQUEST: AMENDMENTS TO 10 CFR PARTS 30, 40, 50, 61, 70, AND 72 REQUIRIbr. LICENSEES TO NOTIFY NRC OF CASES OF BANKRUPTCY FILING Your assistance is requested in reviewing the enclosed document on proposed rule amendments requiring licensees to notify NRC of cases of bankruptcy filing.
The following is a sumary of this request:
1.
Title:
Amendments Requiring Licensees to Notify NRC of Cases of Bankruptcy Filing
- 2. Task No.: CE-502-1
- 4. Cognizant Individuals:
R. Wood, SP
! 5. Requested Action: Review and coment
- 6. Requested Completion Date: February 21, 1986
- 7.
Background:
(a) A licensee who is experiencing severe economic l hardship may not be capable of carrying out his licensed activities in j a manner which protects public health and safety. In particular, a
' license involved in bankruptcy proceedings can have problems with regard to payment of costs for proper handling of licensed radioactive material and for decontamination and decommissioning of his facility in a safe manner. Cases have occurred in which licensees filed for bankruptcy There and the NRC has not generally been aware that this has happened.
are presently no regulatory requirements thct licensees notify ~
i CONTACT: Frank Cardile "3=28J5 90to n.
W . - - _ - . - - . - . . . ..
' MEMORANDUM FOR DISTRIBUTION IEB 6 1986 the NRC of cases of bankruptcy filing. Therefore, currently, NRC may not be aware of this significant financial problem for a particular licensee and thus also not aware of potential public health and safety problems.
Under the proposed regulations, each licensee would be required by regulation to notify the appropriate regional office of the 7tftC_in.the event of the comencement of a bankruptcy proceeding involving the licensee. There is no action required of a licensee by these amendments unless and until a bankruptcy petition is filed.
The origin of this rulemaking was to address this problem for 10 CFR 30, 40, 61, 70, and 72 licensees, however, as per contrents in the memorandum from V. Stello, Jr. , ED0 to R. B. Minogue, RES, dated January 13, 1986, it was extended to include all licensees.
(b) At this time your review is requested of:
(1) The proposed Federal Register Notice (Enclosure A); and
- (2) The Draft Regulatory Analysis (Enclosure B).
The congressicr.al letters and public announcement will be written at a later date.
In the January 13, 1986 memorandum from V. Stello, Jr., to R. B. Minogue, it was indicated that this rulemaking be completed in 3-6 months. Hence, in order to allow time for public coment, we request that you complete your review and coment in the two w ks indicated in this memorandum.
G y A. Arlotto, Director vision of Engineering Technology 0 fice of Nuclear Regulatory Research i
Enclosure:
as stated l
l
o FEB 6 I MEMORANDUM FOR DISTRIBUTION 5 85 Richard E. Cunningham, Director, NMSS/FC i Robert E. Browning Director, NMSS/WM l William J. Olmstead ELD '
Jerome D. Saltzman, Director, SP/SLR . .
T' Themis P. Speis, Director, NRR/SR0 (4) .
Donnie Grimsley, Director, ADM/DRR James G. Partlow, Director, IE/IP i Thomas E. Murley, Administrator, Region I i I
J. Nelson Grace, Administrator, Region II Janes G. Keppler, Administrator, Region III -
Robert D. Martin, Administrator, Region IV l John B. Martin, Administrator, Region V 3 l-i i
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[7590-01]
NUCLEAR-REGULATORY COMMISSION 10 CFR Parts 30, 40, 50, 61, 70, and 72 b ~ ~.
Amendments Requiring Licensees to Notify NRC of Cases of Bankruptcy Filing AGENCY: Nuclear Regulatory Commission ACTION: Proposed Rule
SUMMARY
- The Nuclear Regulatory Commission is proposing amendments to its regulations to specify that a licensee would be required to notify the NRC in the event that the licensee files for bankruptcy. The proposed amendments would require no action by a licensee unless and until a bank-ruptcy petition is filed. At that time the proposed amendments would require a licensee to notify the appropriate regional administrator of a bankruptcy filing. The proposed rule is necessary so that NRC is alerted to a licensee's severe financial conditions which could affect his ability to handle licensed radioactive material and that NRC can take appropriate measures to protect the public health and safety.
DATE: Comment period expires [ insert a date allow 30 days for public comment). Comments received after this date will be considered if it is practical to do so but assurance of consideration cannot be given except
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to comments received on or before this date.
f 02/04/86 1 Enclosure A
ADDRESSES: Submit written comments to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docket-ing and Services Branch. Copies of comments received may be examined in i._
the Commission's Public Document Room at 1717 H Street, NW,' Washington, DC.
FOR FURTHER INFORMATION CONTACT: Frank Cardile, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 443-7815.
SUPPLEMENTARY INFORMATION:
Background
Current NRC regulations contain requirements for issuance of licenses and terms and conditions of those licenses with regard to design of facil-ities and use of material. A licensee who is experiencing severe economic hardship may not be capable of carrying out his licensed activities in a manner which protects public health and safety. In particular a licensee involved in bankruptcy proceedings can have problems with regard to payment of costs for proper handling of licensed radioactive material and for i
decontamination and decommissioning of his facility in a safe manner.
l Improper materials handling or deco'ntamination activities can lead to spread of contamination throughout a licensee's facility and the potential for dispersion of material to unrestricted areas. It can also result in diffi-culties with the licensee's waste disposal activities. i i
Cases have occurred in which licensees filed for bankruptcy and the l L
NRC has not generally been aware that this has happened. This has resulted in situations in which NRC inspectors have found belatedly that a licensee 02/04/86 2 Enclosure A 1
1
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t has vacated property and abandoned licensed material or that a licensee has been unable to decontaminate his facility and properly dispose of the waste.
NRC should have knowledge of these situations before they r,each such a seri- --
ous stage so that it can take necessary actions to assure that the health and safety of the public is protected.
- There are presently no regulatory requirements that licensees notify the NRC in cases of bankruptcy filing. Therefore, currently, NRC may not be aware of this significant financial problem for a particular licensee and thus also not aware of potential public health and safety problems.
,__ Discussion Under the proposed regulations, each licensee would be required by regulation to notify the appropriate regional office of the NRC in the event of the commencement of a bank-uptcy proceeding involving the licensee.
According to the United States Code a bankruptcy case is commenced by filing a petition with a court by or against a person for the purpose of judging him bankrupt. The licensee would be required to notify the NRC independent of whether the bankruptcy filing was voluntary or involuntary or whether it was under Chapter 7 (Liquidation) or Chapter 11 (Reorganization) of Title 11, Bankruptcy, of the United States Code. A filing under either of i
- these chapters could result in potential consequences regarding the licensee's ability to handle licensed material.
Notification of the NRC in cases of bankruptcy would alert the Commis-l sion so that it may deal with potential hazards to the public health and safety posed by a licensee that does not have the resources to properly f These secure the licensed material or clean up possible contamination.
NRC actions may include orders to modify or amend a license or other 9
necessary action and could include limitations on licensed activity which i
3 Enclosure A i 02/04/86
_. . . . ~
would only permit storage of material. The NRC has taken such actions in the past.in similar circumstances. In addition, prompt notification
' of the Commission would allow it the opportunity to move appr'opriately .. _
in bankruptcy court to seek to have available assets of the lic'ensee applied to cover costs of site cleanup before funds are disbursed to other creditors and become unavailable for cleanup.
There is no action required of a licensee by these amendments unless and until a bankruptcy petition is filed. The proposed rule prescribes specific action that a licensee would be required to follow at that time.
This action includes notifying the NRC within a certain time period of
"~~ the information noted in the proposed rule.
The proposed amendments apply to all licensees covered by 10 CFR Parts 30, 40, 50, 61, 70, and 72, including byproduct, source and special nuclear material, production and utilization facility, low-level waste disposal facility, and independent spent fuel storage installation licensees.
! ENVIRONMENTAL IMPACT Categorical Exclusion ,
The NRC has determined that this proposed regulation 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 proposed regulation.
4 Enclosure A 02/04/86
PAPERWORK REDUCTION ACT STATEMENT This proposed rule amends information collection' requ resents that are subject to the Paperwork Reduction Act of 1980 (44-U.S.C. 3501 et seq.).
This rule has been submitted to the Office of Management and Budget for review and approval of the paperwork requirements.
REGULATORY ANALYSIS The Commission has prepared a draft regulatory analysis on this pro-
.- posed regulation. The analysis examines the costs and benefits of the alternatives considered by the Commission. The draft analysis is available for inspection in the NRC Public Document Room,1717 H Street NW, Washington, DC. Single copies of the analysis may be obtained from Frank Cardile, U.S. Nuclear Regulatory Commission, Washington, DC, 20555, telephone (301) 443-7815.
The Commission requests public comment on the draft regulatory analysis. Comments on the draft analysis may be submitted to the NRC as indicated under the ADDRESSES heading.
REGULATORY FLEXIBILITY CERTIFICATION In accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C 605(b),
I the Commission hereby certifies that this rule, if promulgated, will not have a significant economic ' impact on a substantial numbergof small entities.
This proposed rule would amepd 10 CFR Parts 30, 40, 50, 61, 70, and 72 to i
require licensees to notify the appropriate regional office of the NRC in i
02/04/86 5 Enclosure A
1 the event of the commencement of a bankruptcy proceeding involving the licensee so that NRC is aware of this significant financial problem and l capable of taking necessary actions to assure that the health and safety l of the public is protected. There is no action required of a licensee by these amendments unless and until a bankruptcy petition is filed. Hence, there is no impact from this rule unless bankruptcy filing occurs. Even in the event of bankruptcy, the impact of this rule on licensees is small since licensees are required by the United States Code to notify creditors of bankruptcy, hence this rule only consists of one additional notification.
In addition, the required action consists only of a notification by mail to the NRC representing less than one person-hour of effort. The net overall cost to the industry is negligible.
BACKFIT ANALYSIS This amendment is not subject to the analysis requirements of 10 CFR 50.109(a)(3) because it does not require any modifications of existing facilities or procedures. Information relevant to the factors found in 10 CFR 50.109(c) may nevertheless be found in the Regulatory Analysis referenced above.
LIST OF SUBJECTS IN 10 CFR PARTS 30, 40, 50, 61, 70 AND 72 Part 30 - Byproduct material, Government contracts, Intergovernmental relations, Isotopes, Nuclear. materials, Penalty, Radiation nrotection, Reporting requirements.
02/04/86 6 Enclosure A
Part 40 - Government contracts, Hazardous materials - transportation, Nuclear materials, Penalty, Reporting requirements, Source material, Uranium.
Part 50 - Antitrust, Classified information, Fire prev,e.ntion, Incor-poration by reference, Intergovernmental relations, Nuclear power plants and reactors, Penalty, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.
Part 61 - Low-level waste, Nuclear materials, Penalty, Waste treat-ment and disposal. 1 1
' Part 70 - Hazardous materials - transportation, Nuclear materials, Packaging and containers, Penalty, Radiation protection, Reporting require-ments, Scientific equipment, Security measures, Special nuclear material.
Part 72 - Manpower training programs, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security l
measures, Spent fuel.
PROPOSED RULEMAKING 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 section 553 of title 5 of the United States Code, notice is hereby given that adoption of the following amendments to 10 CFR Parts 30, 40, 50, 61, 70, and 72 is contemplated.
PART 30 - RULES OF GENERAL APPLICABILITY OF DOMESTIC LICENSING OF BYPRODUCT MATERIAL
- 1. Authority Citation:
7 Enclosure A 02/04/86
- 2. Section 30.34 is amended by adding a new paragraph (h) to read as follows:
i...
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S 30.34 Terms and Conditions of Licenses.
A A A A A (h) A licensee must notify the appropriate NRC Regional Administrator by certified mail of the commencement of a voluntary or involuntary pro-ceeding naming the licensee as debtor under Title 11 (Bankruptcy), U.S. Code.
This notification must be made within 10 days after commencement of the proceeding and must indicate the bankruptcy court in which the petition for bankruptcy was filed and the date of the filing.
PART 40 - DOMESTIC LICENSING OF SOURCE MATERIAL
- 1. Authority Citation:
- 2. Section 40.41 is amended by adding a new paragraph (f) to read as follows:
$ 40.41 Terms and Conditions of Licenses.
a * *
. a L
(f) A licensee must notify the appropriate NRC Regional Administrator by certified mail of the commencement of a voluntary or involuntary 8 Enclosure A 02/04/86
proceeding naming the licensee as debtor under Title 11 (Bankruptcy),
U.S. Code. This notification must be made within 10 days after commence-ment of the proceeding and must indicate the bankruptcy court in which the
? ' . ~.
petition for bankruptcy was filed and the date of the filing.
PART 50 - DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES
- 1. Authority Citation:
- 2. Section 50.54 is amended by adding a new paragraph (cc) to read as follows:
S 50.54 Conditions of Licenses A A R
- A (cc) A licensee must notify the appropriate NRC Regional Administrator by r ectified mail of the commencement of a voluntary or involuntary pro-ceeding naming the licensee as debtor under Title 11 (Bankruptcy), U.S. Code.
This notification must be made within 10 days after commencement of the
. proceeding and must indicate the bankruptcy court in which the petition for bankruptcy was filed and the date of the filing.
i 02/04/86 9 Enclosure A
PART 61 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADI0 ACTIVE WASTE I'.
- 1. Authority Citation:
- 2. Section 61.24 is amended by adding a new paragraph (k) to read as follows:
5 61.24 conditions of Licenses
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m a a * *
(k) A licensee must notify the appropriate NRC Regional Administrator by certified mail of the commencement of a voluntary or involuntary pro-ceeding naming the licensee as debtor under Title 11 (Bankruptcy), U.S. Code.
This notification must be made within 10 days after commencement of the proceeding and must indicate the bankruptcy court in which the petition for bankruptcy was filed and the date of the filing.
PART 70 - DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
- 1. Authority Citation: -
L
- 2. Section 70.32 is amended by adding a new paragraph (k) to read as follows:
02/04/86 10 Enclosure A
_. . _ _ . . . _ _ _ _ _ _ _ . _~ _ _ _ __ _ - _ - _ _ _ . _ - . _. _ _ _ _ _ _ .-_ _ ___ _
5 70.32 Conditions of Licenses A A A A A
'o_. -
(k) A licensee must notify the appropriate NRC Regional Administrator by certified mail of the commencement of a voluntary or involuntary pro-ceeding naming the licensee as debtor under Title 11 (Bankruptcy). U.S. Code.
This notification must be made within 10 days after commencement of the proceeding and must indicate the bankruptcy court in which the petition for bankruptcy was filed and the date of filina.
an-PART 72 - LICENSING REQUIREMENTS FOR THE STORAGE OF S IN AN INDEPENDENT SPENT FUEL STORAGE INSTALLATION
- 1. Authority Citation:
- 2. Section 72.33 is amended by adding a new paragraph (g) to read as follows:
$ 72.33 License Conditions a a a a a
(a) A licensee must notify the appropriate NRC Regional Administrator by certified mail of the commen:ement of a voluntary or involuntary pro-ceeding namina the licensee as debtor under Title 11 (Bankruptcy). U.S. C 11 Enclosure A 02/04/86
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This notification must be made within 10 days after commencement of the proceeding and must indicate the bankruptcy court in which the petition for bankruptcy was filed and the date of the filing. .
5, Dated at Bethesda, Maryland this day of , 1986.
For the Nuclear Regulatory Commission Victor Stello, Jr.
Acting Executive Director for Operations I
I i
L l
- 02/04/86 12 Enclosure A
. ._ - _ . _ . ~ _ _ _ --
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DRAFT REGULATORY ANALYSIS t,
=_
FOR TASK-502-1 NOTICE OF PROPOSED RULEMAKING - AMENDMENTS TO 10 CFR 30, 40, 50, 61, 70, and 72 REQUIRING LICENSEES TO NOTIFY NRC IN CASES OF BANKRUPTCY FILING
- 1. STATEMENT OF PROBLEM Current NRC regulations contain requirements for issuance of licenses and
~"~ terms and conditions of those licenses with regard to design of facilities and use of material. The problem to be addressed in this rulemaking is that a licensee who is experiencing severe economic hardship may not be capable of carrying out his lice.9 sed activities in a manner which protects public health and safety. In particular, there can be problems when a licensee involved in bankruptcy proceedings cannot meet costs for proper handling of licensed radio-active material and for decontamination of his facility in a safe manner. Im-proper materials handling or decontamination activities can lead to spread of contamination throughout a licensee's facility and the potential for dispersion of material to unrestricted areas. It can also result in difficulties with the l
licensee's waste disposal activities.
I Cases have occurred in which licensees filed for bankruptcy and the NRC has not generally been aware that this has happened. Among those licensees whose financial situation has jeopardized cleanup are included the J. C. Haynes This Co. , the Pesses Co. , Luminous Processes, Inc. , and Allied Technology, Inc.
has resulted in situations in which NRC inspectors have found belatedly that a licensee has vacated property and abandoned licensed material or that a licensee i
has been unable to decontaminate his facility and properly dispose of the waste.
There are presently no regulatory requirements that licensees notify the NRC when filing for bankruptcy. Hence, currently, NRC has no means by which l
1 10 CFR 30 THRU 72 REG ANAL 02/05/86
t it can be made aware of such situations. The proposed action consists of amend-ments to 10 CFR Parts 30, 40, 50, 61, 70, and 72 which would require licensees to notify the NRC in the event that the licensee files for bankruptcy. There is some urgency to get on with this effort due to the large number of NRC
=
licensees (greater than 8000) and the fact that a number of bankruptcies which
.were not reported to NRC have already occurred.
- 2. OBJECTIVE The objective of this action is that NRC have means in place so that it is alerted and can take necessary action to deal with potential hazards to the public health and safety that may be posed by a licensee that does not have the resources to properly secure his licensed material or to clean up possible contamination.
- 3. ALTERNATIVES -
The alternatives considered in determining the need for regulation in this area are as follows:
- 1. No Action
- 2. NUREG Report
- 3. Regulatory Guide, Branch Technical Position l 4. Rulemaking One alternative is to take no action on this matter, however, current regulations in 10 CFR Parts 30, 40, 50, 61, 70, and 72 do not address the situation of the potential health and safety implications of bankruptcy. As noted in detail above this has caused problems in the past and will likely do i so in the future.
NUREG reports are a convenient means for providing information', however, f NUREG reports usually contain only results of specific studies apd are not suitable in this situation. Regulatory Guides or Branch Technical Positions could also be used, however, as pointed out above, there are no existing j regulations on which to base such guidance. Lacking standards developed from l rulemaking in this area might leave any such guidance open to challenge.
l 02/05/86 2 10 CFR 30 THRU 72 REG ANAL
Rulemaking would provide clearly implementable requirements regarding licensees' responsibility to notify the NRC in the case of a filing of a petition of bankruptcy. These standards would reduce uncertainty in this area and provide for prompt action by licensees in future situations of,. th,is type with the result that NRC can take necessary action to protect the'pubTic health and safety. A formal rulemaking also has the advantage of offering the best opportunity to allow all affected parties to provide input on the development of such standards, as well as developing prescriptive standards with the weight of formal rulemaking behind them. This can be accomplished with a rulemaking that appears, based on the identified need, to be a relatively straightforward rulemaking not involving significant resources. It is expected that the proposed rule would be issued by the EDO.
An alternative form of the rulemaking would be to combine it with related
- rulemaking. Currently, NRC has issued proposed rules on decommissioning of nuclear facilities and an advanced notice of proposed rulemaking on financial assurance for cleanup following accidental releases. However, it would be impractical to combine these efforts because the timing of combining them would be very difficult due to the varying stages that these efforts are at and be'cause of differences in the nature of the rulemakings. In addition, as noted above, this rulemaking addresses a specific topic and should be relatively straight-forward in its development and issuance.
- 4. CONSEQUENCES 4.1 Benefits and Costs 4.1.1 Benefits NRC The benefit of the rule to NRC is that it would have in place a specific requirement concerning notification of NRC that a licensee has fi, led a petition
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for bankruptcy. This will assure NRC's mission of protecting pub 1ic health and safety is carried out by reducing the risk of radiation exposure to the public and workers by enabling NRC to be aware of potential licensee problems in 02/05/86 3 10 CFR 30 THRU 72 REG ANAL
i 1
handling and disposing of radioactive materials due to severe financial problems.
Prompt identification of these situations can result in reduction in NRC resources involved in such activities as enforcement actions and interfaces with a con-cerned public regarding contaminated sites. ;_
Industry Industry will benefit in that in situations of this type prompt and clear NRC actions can take place regarding materials handling and disposal. In addition the rulemaking process will assure that industry has an input to the decision-making regarding the issue of notification of NRC regarding bankruptcy.
Public
- - The benefit to the public will be a reduced risk of potential radiation exposures resulting from improper handling or disposal of radioactive wastes or facility decontamination due to the improved capability of NRC to react in a timely way to potential severe financial problems to protect public health and safety. This reduction in risk would apply to both the general public and workers who might be involved at the facility. The risk could result from either direct exposure to contamination or releases of radioactivity from a contaminated facility.
4 4.1.2 Costs l NRC Impact on NRC staff will be the staff time necessary to complete rulemaking.
NRC resources needed for the rulemaking consists of approximately 0.20 staff year in RES. Other offices (NMSS, NRR, SP, ELD) can expect minor impact (ap-proximately 0.1 staff year total) on their workloads to review RES's work.
With regard to implementation of a final rule, no NRC activity is necessary unless and until a licensee submits.a notification to the NRC. At that time !
there may be staff resources involved in reacting to this notification. However, t
even in the absence of this rule, NRC would still have to react to any health and safety problems brought about by bankruptcy. As noted above, a benefit of 02/05/86 4 10 CFR 30 THRU 72 REG ANAL
i this rule is that it would put NRC in a better reactive mode and reduce time l
involved. Thus, the net effect of this rule should be a reduction in staff ;
resources.
E ';
Industry With regard to the impact of a final rule, there is no action required of a licensee unless and until bankruptcy petition is filed. Hence, there is no im-pact from this rule unless bankruptcy filing occurs. Even in the event of bankruptcy, the impact of this rule on licensees is small since licensees are required by the United States Code to notify creditors of bankruptcy, hence this rule only consists of one additional notification. In addition, the re-quired action consists only of a notification by mail to the NRC representing less than one person-hour of effort. The net overall cost to the industry is
- negligible.
Public As the net overall cost to the industry is negligible so also the net cost to the public as a result of this action will be negligible.
4.2 Impacts on Other Requirements The proposed action is related to proposed amendments to 10 CFR Parts 30, 40, 50, 70, and 72 on decommissioning funding and to existing requirements in 10 CFR 61 on funding of the closure of low-level waste burial sites. There is no impact on these items.
- 5. DECISION RATIONALE The proposed action will specify procedures for licensee notification of the NRC in cases of filing for bankruptcy. This is necessary so that the NRC is aware of severe licensee economic conditions that can impact gn the Ifcen-see's capability to handle radioactive materials and decontaminate the facility and so that NRC can take timely and appropriate action to protect the public 5 10 CFR 30 THRU 72 REG ANAL 02/05/86
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- 1
. l health and safety. As discussed above, the net cost of this action is minimal.
No alternatives, other than rule amendments were judged to be satisfactory.
Therefore the proposed action is recommended.
- 6. IMPLEMENTATION i
(a) Schedule In the memorandum from V. Stello, Jr. to R. B. Minogue, entitled " Control of NRC Rulemaking," 1/13/86, it was indicated that this rulemaking be completed in 3-6 months. In order to give the public an opportunity to comment on this pro-posed rule and also meet the schedule, a 30 day public comment period is in-cluded. Division and regional office review comment periods are also shortened.
No time is scheduled for CRGR meeting review since this rulemaking has no im-pact on plant systems, operation, or design and its net impact is negligible.
With these A memorandum to this effect has been sent to the chairman of CRGR.
provisions it is expected that the schedule can be implemented in the time period indicated in the 1/13/86 memo. !
I (b) Relationship to Other Schedules No effect on other schedules in anticipated.
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I 6 10 CFR 30 THRU 72 REG ANAL 02/05/86
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