ML20207R915

Responds to Requesting That Div of Engineering Safety Prepare Annual Review of Rulemaking 10CFR30,40,50,61, 70 & 72 Re Bankruptcy Filing,Notification Requirements. Annual Review Not Being Prepared Due to EDO Review

ML20207R915
Person / Time
Issue date:	12/11/1986
From:	Arlotto G NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To:	Goller K NRC - RESEARCH INDEPENDENT REVIEW BOARD
Shared Package
ML20206T154	List: ML20206T150 ML20206T158 ML20207A125 ML20207B639 ML20207R690 ML20207R739 ML20207R754 ML20207R786 ML20207R796 ML20207R824 ML20207R848 ML20207R858 ML20207R866 ML20207R875 ML20207R890 ML20207R901 ML20207R908 ML20207R911 ML20207R915
References
FRN-52FR1292, RULE-PR-30, RULE-PR-40, RULE-PR-50, RULE-PR-61, RULE-PR-70, RULE-PR-72 AC16-2-26, NUDOCS 8703180296
Download: ML20207R915 (7)

Text

__

/) C/d-L DEC 11 1986 MEMORANDUM FOR: Karl R. Goller, Chairman RES Independent Review Board FPOM: Guy A. Arlotto, Director Division of Engineering Safety Office of Nuclear Regulatory Research

SUBJECT:

ANNUAL REVIEW OF ONGOING RULEMAKING: " BANKRUPTCY FILING, NOTIFICATION REQUIREMENTS (PAPTS 30, 40, 50, 61, 70, AND 72)"

On November 14, 1986, you wrote to me requesting that we prepare an annual review of the rulemaking " Bankruptcy Filing; Notification Requirements (Parts 30, 40, 50, 61, 70, and 72)" and to make a recommendation to EDO on whether it should continue.

The current status of that rulemaking is that it has been concurred in by the cognizant NRC offices and by the Office of the General Counsel and is being sent to EDO. Based on the scope of ED0's rulemaking authority defined in 10 CFR 1.40(c) and (d), he will then be issuing it as a final rule. Because this rule package is on its way to EDO for review and approval at this time, it seems duplicative to also prepare for transmittal to EDO ar. annual review of rulemaking for approval. Therefore, we are not preparing an annual review of the subject rulemaking. It is expected that this rulemaking will be completed shortly.

O-idnsi signed by G. A. Arlotto Guy A. Arlotto, Director -

Division of Engineering Safety Office of Nuclear Regulatory Research DISTRIBUTION:

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1292 F;d r:1 Regist:r / Vol. 52, No. 7 / hionday, January 12. 1987 / Rul:s snd Reguhtions NUCLEAR REGULATORY facility, potential for dispersion of from state agencies, two from private COMMISSION contaminated material offsite, and companies, one from a medical group, problems affecting the licensee's waste and one from an electric utility licensee.

. 10 CFR Parts 30,40,50,61,70, and 72 disposal activities. Instances have All of the state agencies indicated that occurred in which licensees filed for they support the need for the rule and Bankruptcy Filing; Notification bankruptcy and the NRC has not been the method ofimplementation.Two of Requirements awue that this has happened. NRC the state agencies specifically noted that inspectors have found, belatedly, that a they had experienced several cases of AGENc,v: Nuclear Regulatory licensee has vacated property and bankruptcy and that these bankruptcies Commission. . abandoned licensed material or has had cost them sigrificant amounts of ACTION: Final rule. been unable to decontaminate its time and effort due. in most cases, to the facility and properly dispose of the fact that theylearned of the

SUMMARY

The Nuclear Regulatory . waste. In some cases, NRC inspectors bankruptcies long after the action was Ccmmission is amending its regulations have found significant amounts of to require that a licensee notify the filed. These agencies also noted that, in radioactive contamination present at these situations, they found radioactive rppropriate R'egional Admmistrator of licensee sites and the potential for material either abandoned or in the -

the NRC in the event that the licensee is dispersal of the contaminated material possession of unauthorized persons.The involved in bankruptcy proceedings. The offsite. Because of the potential risk to comment letter from one of the private cmended regulations are necessary public health and safety if the facilities companies indicated that, based on their because a licensee s severe financial were left in their as-found condition, it experience of having been in Chapter 11 conditions could affect its ability to was necessary for the Federal or State status and based on their discussions htndle licensed radioactive material governments to take protective and with other companies who have been end the NRC must be notified so that remedial action and to expend involved in bankruptcy situations, they appropriate measures to protect the substantial amounts of public funds for agree there'is a risk involved and the public health and safety can be taken.

cleanup of the facilities because funds of proposed rule is entirely justified.

EFFECTIVE DATE: February 11,1987, the bankrupt licensee were no longer The letter from the medical group FOR FURTHER INFORMATION CONTACT: available. The NRC should be notified of indicated opposition to the rule. The Frank Cardile. Office of Nuclear these situations prompity, before they commenter believed the rule affected Regulatory Research, U.S. Nuclar become more serious, so that it can take only physicians and that, to be Regulatory Commission. Washington, necessary actions to assure that the equitable. it should affect others such as DC 20555, telephone (301) 443-7784. health and safety of the public is engineers, plumbers, and tradesmen. In SUPPLEMENTARY INFORMATION:

protected. addition, the commenter stated that the There is no current regulation regulation is voluminous. In resr>onse to Discussion requiring licensees to notify the NRC in this comment the Commission believes cases of bankruptcy filings.Therefore, Requireme.:ts established by the rule. the commenter has misunderstood the The NRC is amending its regulations to eN may n e awa e o a regulation. As stated above, the signif cant financial prob em gor a provide requirements for notification in regulation applies to all10 CFR Parts 30, pa u ar e' "d 40,50,61. 70 and 72 licensees which the event of bankruptcy involving gp entia pubh ealth licensees. Specifically, the regulations includes a wide variety of types of safety problems. Notifying the NRC in C mpanies and individuals. In addition, require each licensee to notify the cases of bankruptcy will alert the appropriate regional office of the NRC, Commission so that it may deal with the regulaHon is not voMon or in writing, in the event a bankruptcy burdensorre, but requires only a potential hazards to the public health p;tition involving the licensee is filed and safety posed by a licensee that does n uficad,cn to the NRC of two pieces of underTitle11(Bankroptcy)of the not have the resources to properly ini rmation.The regulation is not as United States Code. A licensee would secure the licensed material or clean up lengthy as it appears because the same not be affected by these a'nendments requirement must be imposed on possible contamination.

unless and until a bankruptcy petition is different parts of to CFR ChapterI.

filed. The rule prescribes the specific Background Therefore, the same language must be

• action that a licensee would be required On June 20,1986, the Commission repeated six times.

to follow at that time.The required published a Notice of Proposed The comment letter from the electric cction includes notifying the NRC within Rulemaking (51 FR 22531) that would utility licensee indicated opposition to a certain time period by supplying the require that a licensee notify the NRC in the rule as it applies to 10 CFR Part 50 information specified in the rule. the event the licensee is involved in a licensees for the following reasons. The Needfor the rule. A licensee who is bankruptcy filing. The comment period commenter believes that (1) the experiencing severe economic hardship expired on july 21,1986. The NRC regulatory analysis supporting the rule may not be capable of carrying out indicated in the Notice that the relates to non-utility licensees and licensed activities in a manner which proposed amendments applied to all applying it to utilities for the sake of protects public health and safety. In licensees covered by 10 CFR Parts 30, consistency is an inadequate basis for pIrticular, a licensee involved in 40,50,61,70, and 72, including the amendment to part 50;(2)it is an b:nkruptcy proceedings can have byproduct, source, and special nuclear incorrect assumption that the act of problems affecting payment for the material licensees, as well as production filing a bankruptcy petition affects a proper handling of licensed radioactive and utilization facility, low-level waste utility licensee's ability to safely handle material and for the decontamination disposal facility, and independent spent licensed material:(3) the amendment cnd decommissioning of the licensed fuel storage installation licensees. would further involve NRC in utility ficility in a safe manner. improper financial matters which is an area materials handling or decontamination Analysis of Public Comments where NRC should proceed cautiously:

cctivities can result in the spread of Eight comment letters were received and (4) NRC already possesses methods contamination throughout a licenseis on the proposed amendments. Four were of monitoring a utility licensee's

b-Federal Register / Vol. 52. N2. 7 / Monday. January 12, 1987 / Rul s and Regulttion] 1293 financial condition including the requirement. With regard to the second only of a notification by mail to the availability of credit agency ratings comment, the text of the rule has been NRC. an action representing less than which can be monitored and including changed accordingly. one-half person-hour of effort.The net r!. quired submittals of financial Overall cost of the industry is negligible.

Fmvir nmental!mpact statements under 10 CFR 50.71(b) which NRC could review and use to observe CategoricalExclusien Backfit Analysis trends. BacAfitAnolysis

. The NRC has determined that this In response to this commenter, the " h pe oi t described 10 CFR 50.109 [50 FR 38097; September regulatory analysis indicates other $8"I cat orical e , ,

reasons for proceeding with this 20.1985) requires that an analysis be rulemaking besides consistency in the performed for backfits which the regulation. These reasons include the fn iro en I p7ct e ent ran ** " impose on power environmental assessment has been fact that there is some potential for prepared for this regulation.

react qcenseesm'I is mie mqusg reduction in pubhc and occupation notification of bankruptcy does not sxposure that there is an improvement Paperwork Reduction Act Statement require . . . "the modification of or in NRC's inspection and enforcement addition to systems, structures.

This final rule amends information capabilities, and that the burden on collection requirements that are subject components. or design of a facility; or industry and NRC is minimal.The to the Paperwork Reduction Act of 1980 the design approval or inanufacturing amendment by itself would not further (44 U.S.C. 3501 et seq.).These license for a facility; or the procedures involve NRC in utility financial matters requirements were approved by the or organization required to design, but would only make NRC aware of a Office of Management and Budget under constmct or operate a facuity." The rula specific situation. Actions taken in approval numbers Part 30--315M017, imp ses requirements for admimstrative response to the situation are not treated Part 40-3150-0020; Part 50-3150-0011; procedure action only, which procedural in this rulemaking. Finally, it appears Part 61-3150-0135; Part 70-31N action, a notification, would have no that a direct notification of bankruptcy direct bearing on the safe design or and Part 72-3150-0132.

would be a useful adjunct to the operation of a facility. Further.10 CFR monitoring of trends or credit ratings as Regulatory Analysis 50.109 is . intended to apply only to more e means of alerting NRC to the situation. The Commission has prepared a stringent safety or security requirements The comment letter from the other regulatory analysis on this final which are to be imposed on a licensee.

private company indicated that the regulation. The analysis examines the r.nd to assure that such new Supplementary Information and the text costs and benefits of the alternatives requirements meet a test of providing a of the rule should make it clear that a considered by the Commission.The substantialincrease in overall licensee only has to notify the NRC if analysis is available for inspection in protection of the public health and involved in a bankruptcy as a debtor, the NRC Public Document Room.171711 safety.10 CFR 50.109 is not intended to

'Ihe commenter noted that a licensee Street NW., Washington. DC. Single apply to purely admimstrative rules might be involved as a c.reditor in a copies of the analysis may be obtained which are not intended to increase bankruptcy and should not have to from Frank Cardile. U.S. Nuclear protection to public health and safety or worry about notifying the NRC in this Regulatory Commission. Washington, security.The new notification of situation. This commenter also DC. 20555, telephone (301) 443 7784. bankruptcy requirements are not suggested that the rule text be changed increased safety requirements but would from "Each licensee shall Regulatory Flexibility Certification provide increased assurance that the a a fy . . . (NRC) of a petition for In accordance with the Regulatory current level of safety attained under bankruptcy . . by or against (i) A Flexibility Act of 1980. 5 U.S.C. 605(b). current regulation is maintained, licensee" to "Each licensee shall the Commission certifies that this rule The requirement for notification of notify . . . (NRC)of a . . . petition for does not have a significant economic bankruptcy is appropriately considered bankruptcy . . . by or against (i) The impact on a substantial number of small as a request for information under to licensee." In response to the first entities. The rule amends 10 CFR Parts CFR 50.54(f), as information needed by comment, the Commission believes that 30,40. 50. 81. 70. and 72 to require that the Commission to determine whether or the rule text itself is clear in that it licensees notify the appropriate NRC not a license should be modified, states the specific situations which Regional Office in the event of the suspended, or revoked. Under i 50.54(f) would require a licensee to submit a commencement of a bankruptcy if is required to prepare the reason or notification to the NRC.The intent of the proceeding involving the licensee so that reasons for the requast prior to issuance rule Is that NRC be aware of severe NRC is aware of this significant to ensure that the burden to be imposed financial situations which could affect a financial problem and can take is justified in view of the potential licensee's capability to hrndle necessary actions assuring that the safety significance of tha issue to be rrdioactive material. Based on this health and safety of the publicis addressed in the requested information.

intent, the rule states specifically that a protected. Because no action is required Because the factors listed in i 50.100(c) licensee should notify the NRC if there of a licensee by these amendments can be relevant and useft1in an is a filing of a petition for bankruptcy by unless and until a bankruptcy petition is evaluation of safety significance, they or against the licensee, and entity filed, there is no impact from this rule have been used in this instance to contro!!ing the licensee, or an affiliate of unless bankruptcy filing occurs. Even in evaluate these amendmeats to 10 CFR the licensee. it is these situations that the event of bankruptcy. the impact of 50.

the Supplementary Information is this rule on licensees is small because (1) The objective of the amendments referring to when it discusaes a licensee the United States Code contains is for NRC to have means in place so as being " involved

• in a bankruptcy. requirements regarding notification of that it would be alerted and would have Simply being listed as a creditor in the creditors of bankruptcy.This rule. the opportunity to take necessary action hankruptcy proceeding of an unrelated requires one additional notification. In to deal with potential hazards to the entity does not trigger the notification addition, the required action consists public health and s'afety that may occur

J i

1291 Feder:1 Regist;r / Vol. 52. No. 7 / Monday, January 12, 1987 / Rules end Regulations ct a facility where a licensee is involved (7) With regard to the resource burden Radiation protection. Reporting and in bankruptcy proceedings. Although the on the NRC. no NRC activity is recordkeeping requirements.

likelihood of utility bankruptcy is small necessary unless and until a licensee cnd in most instances NRC would be 10 CFR Part 40 submits a notification to the NRC. !f a Cware ofit occuring. there is a potential notice were submitted. the amount of Government contracts. llazardous that NRC may not be aware of a time spent on actually reading and ma terials-transportation. Nuclear particular bankcuptcy situation docketing of the notification would be materials. Penalty. Reporting and l'

l involving a licensce. minimal. By alerting NRC to the recordkeeping requirements. Source (2) The amendments require a licensee situation, this rule would put NRC m a material. Uranium.

to notify the appropriate regional office better reactive mode and thereby could sf the NRC. In writing,in the event of reduceNRCstaff timeinvolvedin to CFR Part 50 '

the commencement of a bankruptcy activities such as nece*sary Antitrust. Classified information. Fire l proceeding involving the licensee. A enforcement actions and meetings with prevention. Incorooration by reference, licensee would not be affected by these a concerned public regarding a Intergovernmental relations. Nuclear crnendments unless and until a contaminated facility.This reduction in power plants and reactors. Penalty, bankruptcy petition is filed. staff time could be significantly greater Radiation protection. Reactor siting (3) The amendments improve NRC's than that spent m reading and docketing criteria. Reporting and recordkeeping inspection and enforcement capabilities the notification. thus resulting in a net requirements.

In dealing promptly with the potential reduction in staff resources.

r:diological consequences of a 10 CFR Part si (8) The amendments apply to all licensee's severe financial problems power reactor licensees independent cf Low-level waste. Nuclear materials, thus providing a benefit in protection of facility type, design. and age. Penalty. Reporting and recordkeeping the public health and safety. In addition. requirements. Waste treatment and (9) When the amendment is made cithough the level of risk to the public is effective, it will be a final action. disposat small. NRC's timely imolvement can result in some potendus reduction in the RacAfit Determination 10 CFR Part 70 risk of radiation exposure by reducing 11azardous materials-transportation, Dased on the analysis as presented the likelihood that improper radioactive above, the Commission has determined Nuclear materials. Packaging and waste handling or decontamination will containers. Penalty. Radiatica that the new reporting requirements occur at a facility wh;re a licensee is protection. Reporting and recordkeeping imposed by this rule have been involved in bankruptcy proceedings, requirements. Scientific equipment, adequately justified, namely the burden (4)In a manner similar to that to be imposed is justified in view of the Security measures. Special nuclear descnbed in (3) above, although it would potential safety significance of the issue material.

. be small, the amendments result in some to be addressed in the requested to CFR Part 72 reduction m nsk of radiological information. and that the rule should be aposure of facility employees by promulgated for the following reasons. Manpower training programs. Nuclear reducing the potential for spread of materials. Occupational safety and The rule is considered warranted in contamination in the facihty and order to provide the Commission health. Reporting and recordkeeping resultant occupational expasure, sufficient notice so that it can take steps requirements. Security measures. Spent (5)The amendments impose to prevent a decrease in the level of fuel.

requirements for administrative protection considered available under For the reasons set out in the procedure action only, hence there is n current regulations.The rule is also preamble and under the authority of the cquipment installation cost, no facility considered to save resources in Atomic Energy Act of1954, as ameded, downtime cost and no cost of bankruptcy circumstances. By reason of the Energy Reorganization Act of 1974.

construction delay. As indicated in (2), the rule, there is seme. albeit small, as amended, and 5 U.S.C. 552 and 553.

there is no action required'of a licensee potential for reduction in public and the NRC is adopting the following unless and until a bankruptcy petition is occupational exposure. The action amendments to 10 CFR Parts 30,40,50.

filed and hence there is no continuing required by this rule is administrative. 61. 70, and 72.

4 cost associated with the backfit. Even in resulting in no installation, downtime, or the event of bankruptcy the cost impact construction costs and no effect on plant PART 30-RULES OF GENERAL cf this rule is negligible because the or operational complexity.The burden APPLICABILITY TO DOMESTIC ection required, namely a notice listing on industry and NRC is minimal, and in LICENSING OF BYPRODUCT thelocation and date of the bankruptcy fact this action would probably result in MATERIAL filing mailed to the NRC regional office, a net reduction in NRC resource is minimal. As noted in (3) end (4) expenditures. This action is justified for 1.The authority citation for Part 30 is above. timely involvement of NRC in the nonpower reactor and materials reused to read as follows:

situation can minimize potential for facilities based on an assessment of the Authority: Sections 81. 82.161.182.183.186.

spread of contamination in the facility costs and benefits in the Regulatory 68 Stat. 935. 948. 953. 9*>4. 955,as amended, c nd therefore elso mm, imize added sec. 234. 83 Stat. 444. as amended (42 U.S.C Analysis (Section 6.0). and imposing it cleanup costs which could then occur. for reactor plants also provides for 2111. 2112. 2201. 2232. 2233. 22m 2282L secs.

This reduction in cost can be substantial 2 1. as amended. 202. 206,88 Stat.1242 en compared to the small cost associated c nsistenc) t'n the reaulations. amended 1244.124s (42 U.S c 5841. 5842.

with the notification, resulting in net List of Subjects 5846l geetion 30 7 also issued under Pub. L 95-8avings.

10 CFR Part 30 601. sec. to. 92 Stat. 2951 (42 U.S C. 5851).

(6) The amendments are section 30.34ib) also issued under sec.184. te cdministrative and hence have no safety Dyproduct material. Government st i. 934, as amended (42 U.S C. 2234).

impact of changing plant or operational contracts. Intergovernmental relations. Section 30.61 also issued under sec.187. 68 complexity. Isotopes. Nuclear materials. Penalty. Stat. 955 [42 U.S C 2237).

. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ ~W

-- = _ #_ - _ __ . _ _ __ _

A Federal Register / Vol. 52. No. 7 / M:ndly, Dnurry 12, 1987 / Ruhs and Regulitiona 1295 s li sa55(e). 50M(b). 50.70. 50.71. 50.7150.73.

4. Section 40.41 is amended by adding cmende (4 C. 3); 30 3 .4 b) a new para 3raph (f) to read as follows: and 50.78 are issued under sec. telo. 68 Stat.

rnd (c). 30.41 f a) and (c), and 30.53 are issued ""

und;r sec. Itilb. 68 Stat. 948. as amended (42

$4 Tenne and comns oncenen ~

6. Remove the authority citatio'ns USC 2201ib)): and il 30.6. 30.36, 30.51. * * * *

• 30.52,30.55, and 30.56 [b) and (c) are issued following ii 50.2.50.10,50.21.50.22.

undir sec.1610,68 Stat. 950, as amended (42 (f)(1) Each h,censee shall notify the 50.23, 50.30. 50.33a. 50.34. 50.35, 50.38, U.S.C 2201(o)). appropriate NRC Regional 50.41,50.42,50.43,50.44,50.47. 50.53,

2. Section 30.34 is amended by adding qsuam m , wn%.hmdate@ 50.54. 50.55. 50.55a. 50.50, 50.70. 50.80 f Ilowmg the filing of a voluntary or 50.103 and Appendices A.E.F.L.and e n:w paragraph (h) to read as follows:

involuntary petition for bankruptcy q l 30.34 Terms and conditions of licensee, under any Chapter of Title 11 7. Section 50-54 is amended by adding

• * * * * (Bankruptcy) of the United States Code a new paragraph (cc) to read as fo!!ows:

(h)(1) Each licensee shall notify the by or against:

appropriate NRC Regional (i)ne licensee: 5 50.54 conditions of liconees.

• * * *

• l Administrator, in writing. Immediately (ii) An entity (as that term is defined l

following the filing of a vcluntary or in 11 U.S.C.101(14)) controlling the (cc)(1) Each licensee shall notify the involuntary petition for bankruptcy licensee or listing the license or licensee appropriate NRC Regional under any Chapter of Title 11 as property of the estate: or Administrator. in writing, immediately (Bankruptcy) of the United States Code (iii) An affiliate (as that term is following the filing of a voluntary or by or against: defined in 11 U.S.C.101(2)) of the involuntary petition for bankruptcy (i) The licensee; licensee. under any Chapter of Tit!e II (ii) An entity (as that term is defined (2) This notification must Indicate: (Bankruptcy) of the United States Code in 11 U.S.C.101(14)) controlling the (i) The bankruptcy court in which the by or against:

licensee or listing the license or licensee petition for bankruptcy was filed: and (i) The licensee:.

es property of the estate; or (ii)The date of the filing of the fii) An entity (as that term is defined (iii) An affiliate (as that term is petition. In 11 U.S.C.101(14)) controlling the defined in 11 U.S.C.101(2)) of the licensee or listing the license or licensee licensee. PART 50-DOMESTIC LICENSING OF as property of the estate: or (2) This notification must indicate: PRODUCTION AND UTILIZATION (iii) An affiliate (as that term is (i)The bankruptcy in which the FACIUTIES defined in 11 U.S.C.101(2)) of the petition for bankruptcy was filed: and licensee.

53e autho ity citation for Part 50 is (ii) The date of the filing of the (2) This notification must Indicate:

revised to read as follows: (i)The bankruptcy court in which the p ttition.

Authority: Sec.102.1t.3.104.105.181.182, petition for bankruptcy was filed; and 183.18418% 68 Stat. 936, 937. 938. 948. 953. (ii) The date of the filing of the PART 40-DOMESTIC LICENSING OF 954,955,958, as amended. sec. 234. 83 Stat. petit ""

• SOURCE MATERIAL 1244. as amended (42 USC 2132. 2133,2134.

3 . m. 232. 22312236k secs. n. as PART 61-LICENSING

3. The authority citation for Part 40-is REQUIREMENTS FOR LAND revised to read as follows: ***"f2 2 U C. . 15b)' ended DISPOSAL OF RADIOACTIVE WASTE Authority Secs. 62. 63. 64. 65,61.101.182. Section 501 also issued under Pub. L 95-183.186. 68 St at. 932. 933. 935. 948,953. 954, 601, sec.10. 92 Stat. 2951 (42 U.S C 5851). 8.The authority citation for Part 61 is 955, as amended. secs.11e(2). 83. 84. Pub. L Section 5010 also issued under secs.101.185. revised to read as follows:

95-404. 92 Stat. 3033, as amended. 3039. sec. 68 Stat. 936. 955, ae amended (42 USC 2131.

2235); sec.102. Pub. L 91-190. 83 Stat 853 (42 Authority: Secs. 53, 57. 62. Si 65. 81.161.

234. 83 Stat. 444, as amended (42 USC USC 4332). Sections 50.23,50.35,50.55. 50.56 182.183. 68 Stat. 930. 932, 933. 935. 94& 953, 2014(e)(2). 2092. 2093J 2094. 2095, 2111, 2113.

2114, 2201. 2232, 2233, 2236. 2282): sec. 274 also issued under sec. ISS. 68 Stat. 955 (42 954. as amended (42 U.S.C 2073. 2077. 2092.

USC 2235). Sections 50.33a. 50.55a. and 2093. 2095. 2111,2201, 2232,2233h secs. 202.

Pub. L 86-373,73 Stat. 688 (42 USC 2021):

secs. 201, as amended. 202. 206. 88 Stat.1242. Appendix Q also issued under sec.102. Pub. 206, 88 Stat.1244.1248 (42 U.S.C *s42. 5846);

L 91-190,83 Stat. 853 (42 USC 4332). seco.10 and 14. Pub. L 9M01,92 Stat. 2951 Es amended.1244.1246 (42 U.S.C 5841,5842.

5846); sec. 275. 92 Stat. 3021. as amended by Sections 50.34. and 50.54 also issued under (42 USC 2021a and 5851k .

Pub. L 97-415,96 Stat. 2007 (42 USC 2022), sec. 204. 86 Stat.1245 (42 USC 5844).

For the purposee of sec. 223. 68 Stat.958. as Sections 50.58. 50.91. and 50.92 also issued amended (42 USC 2273): Tables 1 and 2, Section 40.7 also issued under Pub. L 95-under Pub. L 97-415. 96 Stat. 2073 (42 USC. I i 61.3. 61.24. 61.25. 61.27(a) 61.41 through 601, sec.10,92 Stat. 2951 (42 U.S C 5851N 61.43. 61.52,61.53. 61.55. 61.56, and 61.61 Sect.on 40.31f g) also issued under sec.122. 68 2:39). Section 5016 also issued under sec.

through 61.63 are issued under sec.191b. es Stit. 939 (42 USC 2152). Section 40.46.dso 12168 Stat. 939 (42 USC. 2152). Sections 50 80-5Hl aiso issued under sec.188. 68 Stat. 948, as amended (42 USC. 2201(b);

issued under sec.164. 68 Stat. 954. as Stat. 954, as amended (42 USC. 2234). Il 61.10 through 61.16,61.24. and 61.80 are amended (42 USC. 2234). Section 40.71 also issued under sec. toto. 68 Stat. 950, as issued under sec.167,60 Stat. 955 (42 U S.C Section 50.103 also issued under sec.108. 68 2:37). Stat. 939, as amended (42 USC 2138). amended (42 USC 2201(o)).

For the purposes of sec. 223,68 Stat. 958, as Appendix F also issued under sec.187. 68 9. Section 61.24 is 8 mended by addinE tmended (42 U.S C 2273): 1140.3. 40 25(d)(1). Stat. 955 (42 USC 2237). a new paragraph (k) to read as follows:

(3). M35(aHd). 40.41 (b) and (c) 40.a.6. 40.51 For the purposes of sec. 223. 68 Stat. 958, as (t) and (ch and 40.63 are issued under sec. amended (42 USC 2273h il 50.10(a). (b). I 61.24 Conditions of licenses.

161b. 68 Stat. H8. as amended (42 U S C. and (c). 50.44. 50.44. 50 48. 50.54, and 50 80(a) . . . . .

2001(b)h and Il 40.5. 4025(c). (d)(3), and (4), are issued under sec.161b. 68 Stat. 948, as 40264 )(2). 40.35(e). 40 42. 40.61 we2. 40.64, amended (42 U S C 2001[b)h 1150.10(b) and (k)(1) Each licensee shall notify the l

1 (nd 40.65 are issued under sec.1810,68 Stat. (c) and 50.54 are issued under sec.1611. 68 appropriate NRC Regional 950, as amended (42 U S C 2001[o)). Stat. 949, as amended (42 USC 2201(i)); and Administrator, in writing, immediately

[ - _ _ - _ _ _ - _ _ _ - _ . _

I.-1296 Federal Regi:ter / Vol. 52. No. 7 / Mond:y J:nu:ry 12, 1987 / Rules End R:gul:ti:ns -

following the filing of a voluntary or are 4 sued under sec.1610. 68 Stat. 950, as For the purposes of sec. 223. 68 Stat. 958, as involuntary pctition for bankruptcy amended (42 U.S.C. 2201(o)). amended (42 U.S.C 2273): il 72.6. 72.14.

under any Chapter of Title 11 72.15. 72.17(d). 72.19,72.33(b)(1). (4). (5). (e).

11. Section 70.32 is amended by (Bankruptcy) of the United States Code adding a new paragraph (a)(9) and the $ 72.36{a) are issued under sec.161b. 68 ,

by or against Stat. 948. as amended (42 U.S.C 2201(b)); 1 introductory text of paragraph (a)is (i)The licensee; republished to read as follows: il 72.10. 72.15. 72.17(d). 72.33(c). (d)(1) (2).

(ej. n.81. 72.83. 72.84(a). 72st are issued (ii) An entity (as that term is defined under sec.1811. 68 Ste t. 949, as amended (42 *-

in 11 U.S.C.101(14)) contro!!ing the 1 70.32 condmons oncenses. U.S C 2201(i)): and il 72.33(b)(3) (d)(3), (fl. b licensee or listing the license or licentee (a) Each license shall contain and be 72.35(b) 72.50-72.52. 72.s3(a). 72.54(a). 72.55. $

as property of the estate;or subject to the following conditions: 72.58. 72.80(c). 72.84(b) are issued under sec. p (iii) An affiliate (as thal term is

• 161o. 68 Stat. 950. as amended (42 U.S C fi

defined in 11 U.S.C.101(2)) of the (9)(i) Each licent.ee shall notify the 2201(o)).  ;

licensee. appropriate NRC Regional '

13. Section 72.33 is amended by  !

(2) This notification must indicate: Admmistrator, in writing, immediately adding a new pragraph (b)(6) and the (i) The bankruptcy court in which the following the filing of a voluntary or involuntary petition for bankruptcy introductory text of paragraph (b)is petition for bankruptcy was filed; and republished to reads as follows:

L (ii)The date of the filing of the under any Chapter of Title 11 petition. ~ (Dankruptcy) of the United States Code 1 72.33 ucense conditions.

by or against: . . . . .

PART 70-DOMESTIC LICENSING OF ( A) ~!he licensee; .

I (D) An entity (as that term is defined (b) Every license issued under this SPECIAt. NUCLEAR MATERIAL in 11 U.S.C 101(14)) controlling the Part shall t e subject to the following i 10. The authority citation for part 70 is licensee or listing the license or lit.ensee conditions. even if they are not revised to read as follows: as property of the estate; or explicitly stated herein:

Authority: Secs. 51.53,161.182.183.68 (C) An affiliate (as that term is p

Stat. 929. 930. 948. 953. 954.as amended sec. defined in 11 U.S.C.101(a)) of the (6)(i) Each licensee shall notify the (j 234. 83 Stat. 444. as amended (42 U.S C 2071. licensee. appropriate NRC Regional 6

["

2073. 2201, 2232. 2233, 2282): secs. 201. a s (ii) This notification must indicate: Administrator, in writing, immediately  ;'

amended. 202. 204. 206. 88 Stat.1242. as (A) The bankruptcy court in which the following the filing of a voluntary or 'i petition for bankruptcy was filed; and smended.1244.1245.1246 (42 U.S C 5841. involuntary petition for bankruptcy (D) The date of the filing of the under any Chapter of Title 11 Sec n7 al'so issued under Pub. L 95- ""

001. sec.10. 92 Stat. 2951 (42 U.S.C 5851).

Section 70.21(g) also issued under sec.122. 68

[' . . .

(Bankruptcy) of the United States Code or against:

Stat. 939 (42 U.S C 2152). Section 70.31 also (A) The licensee-*

inued under sec. 57d. Pub. L 93-377. 88 Stat. PART 72-LICENSING REQUIREMENTS FOR THE STORAGE (B) An entity (as that term is defined  ;

475 (42 U.S.C 2077). Sections 70.36 and 70 44 in 11 U.S.C.101(14)) Controlling the a!>o issued under sec.184. 68 Stat 954. as OF SPENT FUEL IN AN INDEPENDENT .

amended (42 U.S.C 2234] Section 70 61 also SPENT FUEL STORAGE licensee or listing the license or licensee '

i issued under secs.186.187. 68 Stat. 955 (42 INSTALLATION (ISFSI) as property of the estate; or f U.S C 2236,2237). Section 70.62 also issued (C) An affiliate (as that term is under sec.108. 68 Stat. 939, as amended (42 21. The authority citation for Part 72 is defined in 11 U.S.C.101(2)) of the F U.S C 2138). revised to read as follows: licensee. 3 For the purposes of sec. 223. 68 Stat. 958. .s Authority: Secs.51.53.57.62.63.65.69.81. (ii) This notification must indicate:  ?

amended (42 U.S C 73); il 70.3. 70.19(ct 161.182.183.184.186.187. 68 Stat. 929. 930.

70.21(c). 70.22 (a). (b)..(dHk). 7024 (al a' d 932.933.934.935.948.953.954.955.as

) e an@cy cM in WM b 9 (b). 70.32(a) (3), (5). (6). (d). a nd (ii. .%- petition for bankruptcy we9 filed; and 9 amended. sec. 234. 83 Stat. 444. as amended 2 70.39 (b) ard (c). 70.41(e). 70 42 (al and (c). (42 U.S C 2071. 2073. 2077. 2092. 2093,2095. (D) The date of the filing of the ,

70.56. 70.57 (b). (c). and (dl. 70.58 (aHg)(31 2099.2111.2201.2232.2233.2234,2236.2237 petition.

L and (hHi) are issued under sec.1 stb. ea Siat. 2282)

sec. 274. Pub. L 8N73. 73 Stat. 688, as . . . . .

948 as amended (42 U.S C 2201(b)). Il 70.7 amended (42 U.S.C. 2021); secs. 201. es j 7040a (a) and (d). 70.20b (c) and (e). 70.21(c). amended. 202. 206. 88 Stat.1242, as amended. Dated at Bethesda. Mar 11and. this 23rd day d Decembn.1986.

7024(b). 70.32 (alt 6). (c). (dl. (e). and (g). 70.36. 1243.1246. (42 U.S.C 5841. 5842. 5846); Pub. L i j 70.51(cHg). 70.56. 70.57 (b) end (d), and 70.58 9wot. sec.10. 92 Stat. 2951 (42 U.S.C 5851); For the Nuclear Regulatory Commission. l (aHg1(3) and (h)-(j) are issued under sec. sec.102 Pub. L 91-190. 83 Stat. 853 (42 U.S.C Victor Stello. ir.,

16t1. 68 Stat. 949. as amended (42 U.S C 4332). Executire Directorfor operationa.

2001(i); and il 70.5. 7020b (d) and (e). 70.38. Section 72.34 also issued under sec.189. 68 70.51 (b) and (i). 70.52. 70 53,70.54. 70.55. 70.58 Stat. 955 (42 U.S C 2239) sec.134. Pub. L [FR Doc.87-571 Filed 1-9-87: 8:45 mm)

(g)(4). (k), and (!). 70 59 and 70.60 (b) and (c) 97.425. 96 Stat. 2230 (42 U.S.C 10154). asamo coos nso.ei-as t

4 l

b