[Federal Register Volume 64, Number 158 (Tuesday, August 17, 1999)]
[Rules and Regulations]
[Pages 44645-44650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21306]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 76
RIN 3150-AF85
Certification Renewal and Amendment Processes
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending the
regulations governing the U.S. Enrichment Corporation's (USEC or the
Corporation) gaseous diffusion plants to modify the certification
renewal and amendment processes. The amendments are intended to improve
these processes so that they are more effective and efficient. The
final rule modifies the process for certificate renewals, establishes a
process for certificate amendments comparable to the process currently
used to amend a fuel cycle license, revises the appeal process for
amendments, eliminates the ``significant'' designation for amendments,
simplifies the criteria for persons who are eligible to file a petition
for review of an amendment action, removes references to the initial
application because the initial certificates have been issued, and
lengthens the time periods associated with filing a petition for
review.
EFFECTIVE DATE: September 16, 1999.
FOR FURTHER INFORMATION CONTACT: Mr. John L. Telford, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone (301) 415-6229, e-mail
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The regulations establishing NRC's requirements for USEC's Paducah
and Portsmouth gaseous diffusion plants (GDPs) were published on
September 23, 1994 (59 FR 48960). Subsequently, the Atomic Energy Act
(AEA) of 1954 was modified to increase the period for certificate
renewals from 1 year to up to 5 years. The regulations implementing
this modification to the AEA were published on February 12, 1997 (62 FR
6670). On March 3, 1997, the GDP's came under NRC's oversight. Since
1997, the NRC has implemented the initial certification and numerous
certificate amendments. As a result, the NRC staff identified several
areas where changes would improve the effectiveness and efficiency of
the certificate renewal and amendment processes.
On September 15, 1998 (63 FR 49301), the NRC published a proposed
rule that presented amendments to 10 CFR Part 76 intended to make the
certification renewal and amendment processes more effective and
efficient.
Comments on the Proposed Rule
The Commission received one letter commenting on the proposed rule.
A copy of the letter is available for public inspection and copying for
a fee at the
[[Page 44646]]
Commission's Public Document Room, located at 2120 L Street, NW (Lower
Level), Washington, D.C. This letter came from USEC, which leases and
operates the GDPs. The Corporation supported the proposed rule, but had
two specific comments.
Comment 1: ``The proposed wording states that a certificate
amendment will be effective when issued by the NRC staff. Immediate
implementation upon issuance of the amendment may be possible in some
cases; however, in most cases some implementation time will be
required. USEC anticipates that in submitting amendment requests, it
will continue the current practice of requesting that site
implementation occur within a certain period of time (e.g., 30 days) or
after completion of certain activities (e.g., equipment installation,
testing) after the staff's issuance of the amendment. USEC assumes that
the NRC, in granting an immediately effective certificate amendment,
will continue to provide the requisite flexibility and time for
effective implementation.''
Response: The Commission agrees with the comment. When granting an
amendment, the NRC staff intends to allow an appropriate implementation
period (e.g., 30 days). To clarify this intent further, the regulatory
text has been modified to make an amendment effective on a date
specified by the NRC staff.
Comment 2: ``These paragraphs [76.45 (d) and (e)] specify
requirements for obtaining the Director's review of the staff's
determination and the Commission's review of a Director's decision on
an amendment application. These paragraphs state that if the Director
or Commission does not issue a decision or otherwise act after
receiving a petition for review, the determination on the amendment
application remains in effect. However, the ability of the Corporation
to implement an effective amendment should a petition be received is
unclear. Therefore, USEC requests that the proposed wording in
Sec. 76.45(d) and Sec. 76.45(e) be clarified to indicate that, should a
petition on an effective amendment be received, implementation of the
amendment at the gaseous diffusion plants may continue, unless and
until the Director modifies or sets aside the findings, conclusions,
conditions or terms in the staff's amendment determination or the
Commission modifies or sets aside the findings, conclusions, conditions
or terms in the Director's amendment review decision. Should either the
staff's decision or the Director's decision be modified or set aside,
upon NRC notification, the Corporation would take the required actions
with respect to implementation of the effective amendment. USEC's
comments in this regard could be addressed with the addition of the
following language to Secs. 76.45 (d) and (e):
The pendency of a petition [for review] under this subsection shall
not delay the effective date of the amendment as issued by the staff
under Sec. 76.45(c) above.''
Response: The language of Sec. 76.45 (d) and (e) does not need to
be revised. If a petition for review is pending, the Commission
believes that the Corporation may implement an effective certificate
amendment because of the statements in Sec. 76.45 (c), (d), and (e). In
particular, if a petition for review is pending, it would not delay the
effective date of the certificate amendment. The Corporation may
continue implementation of an effective certificate amendment unless
and until it is modified or set aside by either the Director or the
Commission.
The Final Rule
This final rule makes the following changes:
Currently, Sec. 76.37 specifies that the Director of the Office of
Nuclear Material Safety and Safeguards (the Director) shall publish a
Federal Register notice of receipt of an application for renewal. This
final rule replaces ``shall'' with ``may, at his or her discretion,''
and inserts ``for renewal'' after the first occurrence of the word
``application'' in paragraphs (a), (b), and (c). Replacing ``shall''
with ``may, at his or her discretion,'' allows the Director to
determine if a Federal Register notice is warranted for an application
for renewal on a case-by-case basis. There are two reasons for this
action. First, if the application does not address any new safety
issues or there have not been any major changes to the facility or its
operating procedures that would substantially increase the risk
associated with the facility, the Director may decide that a Federal
Register notice is not necessary. This flexibility allows the NRC to
focus its resources on safety issues that have significant potential
risk. Second, there is no requirement in the AEA to notice an
application for certificate renewal. Furthermore, similar actions for
10 CFR Parts 30, 40, and 70 facilities are not noticed. Adding ``for
renewal'' clarifies that the application is specifically for renewal.
In Sec. 76.39, the phrase ``for renewal'' is being inserted after
each occurrence of the word ``application.'' This clarifies that the
application being discussed in Sec. 76.39 is specifically for renewal.
Section 76.45(a) is being changed to remove the responsibility for
making the initial decision on an amendment application from the
Director. This change allows the decision to grant or deny an amendment
application to be delegated to the branch chief. This action
contributes to a more efficient use of NRC resources and is comparable
to the process used for facilities regulated by the Commission under 10
CFR Parts 30, 40, and 70.
Section 76.45(b) is being deleted. The first sentence currently
requires that the Director determine whether the proposed activities
are ``significant'' and, if so, follow the procedures specified in
Secs. 76.37 and 76.39. This sentence is being deleted because the
procedures specified in Sec. 76.37 to be followed by the Director will
be discretionary, and the procedures specified in Sec. 76.39 are
currently discretionary. Accordingly, it would not be logical to compel
the Director to follow either of them. This action eliminates the
current distinction between ``significant'' and not significant
proposed activities. This action also provides a more flexible and
efficient regulatory process. However, the public's opportunity to
follow each amendment remains the same because licensing documents are
placed in the Commission's Public Document Room, and in the near
future, the NRC plans to place these documents on NRC's website.
Accordingly, the public will have an opportunity to file a petition for
review of an amendment as described in revised Sec. 76.45(d). In
addition, the last sentence in Sec. 76.45(b) is being deleted because
decisions on certificate amendment applications will be delegated to
the branch chief. This delegation is comparable to the process
currently used for 10 CFR Parts 30, 40, and 70 facilities.
The current Sec. 76.45(c) is being redesignated as paragraph (b)
because the current paragraph (b) is being deleted.
In a new Sec. 76.45(c), the first sentence provides that a
certificate amendment will be effective on a date specified by the NRC
staff. This allows the NRC staff to handle issues that need to be
addressed quickly to avoid an unnecessary operational upset of a GDP,
ensure adequate protection of public health and safety from
radiological hazards, and/or provide for the common defense and
security. The second sentence of Sec. 76.45(c) provides that the NRC
staff may, at its discretion, publish a notice of its decision on an
amendment application in the Federal Register. The NRC staff will take
this action when publication of a notice is
[[Page 44647]]
warranted on a case-by-case basis. If the application does not address
any new safety issues or there have not been any major changes to the
facility or its operating procedures that would substantially increase
the risk associated with the facility, the NRC staff may decide that a
Federal Register notice is not necessary. This flexibility allows the
NRC to devote its resources to safety issues that have significant
potential risk. The AEA does not require that a certificate amendment
application be noticed. Furthermore, the Commission does not notice
similar actions for 10 CFR Parts 30, 40, and 70 facilities.
Currently, a decision on an amendment application may be appealed
by filing a request for the Commission's review. A new Sec. 76.45(d),
concerning the NRC staff's determination on an amendment application,
establishes procedures for the Corporation, or any person whose
interests may be affected, to file a petition for the Director's
review. Because the initial determination on a certificate amendment
application may be delegated to the branch chief, it is logical for the
Director to be the first level of review. This process contributes to a
more efficient use of agency resources because an appeal issue may be
resolved by the Director and not require the Commission's review.
A new Sec. 76.45(e), concerning the Director's decision,
establishes procedures for either the Corporation, or any person whose
interests may be affected and who filed a petition for review or filed
a response to a petition for review under Sec. 76.45(d), to file a
petition for the Commission's review. Because the initial review of an
NRC staff determination on an amendment application is rendered by the
Director, it is logical for the Commission to be the final level of
review.
In revised Sec. 76.62(c), the phrase, ``who submitted written
comments in response to the Federal Register notice on the application
or compliance plan under Sec. 76.37, or provided oral comments at any
meeting held on the application or compliance plan conducted under
Sec. 76.39,'' is removed. This action eliminates restrictions that
limit those entities who may file a petition requesting review of the
Director's decision regarding issuance of a certificate and/or approval
of a compliance plan. Eliminating these restrictions is consistent with
the Commission's practice for 10 CFR Parts 30, 40, and 70 facilities.
Further, if a Federal Register notice is not issued for a certificate
renewal, a notice of the Director's decision will provide the first
published opportunity for a person whose interest may be affected to be
aware of the action.
The number of days specified in Sec. 76.62(c) is being increased
from 15 to 30 days. This provides more time for the Corporation or
other members of the public whose interests may be affected to file a
petition for review on a certificate renewal action. Because the time
period for a certificate renewal was recently extended from annually to
up to 5 years, the need to act within 15 days because of the time
constraint formerly associated with annual renewals is removed.
The sentence, ``Unless the Commission grants the petition for
review or otherwise acts within 60 days after the publication of the
Federal Register notice, the Director's initial decision on the
certificate application or compliance plan becomes effective and
final,'' is being revised to read: ``If the Commission does not issue a
decision or take other appropriate action within 90 days after the
publication of the Federal Register notice, the Director's decision
remains in effect.'' This change clarifies that the Director's decision
is effective upon issuance and, if a petition for review is filed,
eliminates a potential 60-day suspension of the effectiveness of the
Director's decision. The Director's decision remains in effect unless
it is changed by the Commission. This procedure is also more consistent
with the process for license renewals pursuant to 10 CFR Parts 30, 40,
and 70. In addition, to accommodate the increased time for both filing
a petition for review and responding to a petition, the time provided
for the Commission to act is being increased from 60 to 90 days
following publication of the Federal Register notice.
The changes made in Sec. 76.62(c) are also being made in
Sec. 76.64(d) for the same reasons.
In the introductory text of Sec. 76.91, reference to Sec. 76.35(d)
is being changed to Sec. 76.35(f) to correct a typographical error.
In addition, Part 76 is being modified to remove references to the
initial certification application or initial certification decision
that are no longer relevant because the initial certificates have been
issued. In Secs. 76.33(a)(1), (b), (c), (d), and (e), and 76.35,
references to ``initial'' are being removed. Section 76.9(c) is being
removed as no longer relevant because the condition of effectiveness at
the time of the initial certification application has been satisfied.
Phrases in Secs. 76.21(a), 76.36(a), 76.60(e)(2), and 76.91(n)
concerning initial certification are being removed. References in
Secs. 76.7(e)(1), 76.60(c)(2), 76.60(d)(2), and 76.60(e)(1) to the NMSS
Director's decision on the initial certificate are also being removed.
Section 76.33 is being amended to correct a printing error in the
regulatory text. In Sec. 76.33(a)(2), the redundant phrase ``the names,
addresses, and citizenship of its principal office,'' is being removed.
Compatibility of Agreement State Regulations
Under the ``Policy Statement on Adequacy and Compatibility of
Agreement State Programs'' that was approved by the Commission on June
30, 1997, and published in the Federal Register on September 3, 1997
(62 FR 46517), Part 76 is classified as compatibility Category ``NRC''.
The NRC program elements in this category are those that relate
directly to areas of regulation reserved to the NRC by the AEA or
provisions of Title 10 of the Code of Federal Regulations.
Plain Language
The Presidential Memorandum dated June 1, 1998, entitled, ``Plain
Language in Government Writing,'' directed that the government's
writing be in plain language. This memorandum was published June 10,
1998 (63 FR 31883). In complying with this directive, editorial changes
have been made in the final revisions to improve the organization and
readability of the existing language of the paragraphs being revised.
These types of changes are not discussed further in this notice.
Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995, Pub.
L. 104-113, requires that agencies use technical standards that are
developed or adopted by voluntary consensus standard bodies unless the
use of such a standard is inconsistent with applicable law or otherwise
impractical. In this final rule, the NRC is amending the regulations
governing the gaseous diffusion plants to modify the process used to
renew or amend a certificate of compliance. The amended regulations are
procedural and apply to a specific entity. Therefore, this action does
not establish a technical standard of generally applicable
requirements.
Environmental Impact: Categorical Exclusion
The NRC has determined that this regulation is the type of action
described as a categorical exclusion in 10 CFR 51.22(c)(2). Therefore,
neither an environmental impact statement nor an environmental
assessment has been prepared for this final rule.
[[Page 44648]]
Paperwork Reduction Act Statement
The information collection requirements contained in this final
rule of limited applicability affect fewer than ten respondents.
Therefore, Office of Management and Budget approval is not required
pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
Regulatory Analysis
This final rule modifies the process for certificate renewals,
establishes a process for certificate amendments comparable to the
process currently used to amend a fuel cycle license, revises the
appeal process for amendments, eliminates the ``significant''
designation for amendments, simplifies the criteria for persons who are
eligible to file a petition for review of an amendment action, removes
references to the initial application because the initial certificates
have been issued, and lengthens the time periods associated with filing
a petition for review.
Part 76 contains a process for amending a certificate and the GDP
certificates have been amended several times. These actions identified
several deficiencies in the Sec. 76.45 process that should be
corrected. The NRC staff examined how the process could be revised and
improved so that it is more effective and efficient. The amendment
process for GDP certificates as modified by this final rule parallels
the process currently used for 10 CFR Parts 30, 40, and 70 facilities.
This final rule also removes the ambiguity associated with determining
who can petition the NRC for review of an amendment application
decision.
Because the statute has been amended to allow up to a 5-year
certificate renewal period instead of an annual certificate renewal
requirement, the lengthened certificate period has permitted
consideration of improvements to the certificate renewal process.
Because the annual certification time constraint has been removed, the
final rule makes appropriate changes to the time for appeals and lifts
restrictions on who may appeal a certification decision. As a result,
the certificate renewal process more closely resembles the process for
renewal of materials and fuel cycle facility licenses under 10 CFR
Parts 30, 40, and 70.
A no-change option retains the deficiencies and ambiguities
identified in the current certification renewal and amendment processes
and precludes an improved process that is more effective and efficient.
Impacts on the Corporation
An uncomplicated certificate amendment process provides a more
timely regulatory process. If the identified deficiencies and
ambiguities in the amendment process are not corrected, there is a
potential for expense due to plant operational delays and reduced
efficiencies that may be related to amendment requests.
Clarification of who can petition the Director for review of an NRC
staff determination on an amendment application and/or extension of the
period for requesting a review may result in additional petitions.
Similarly, lifting restrictions on who can petition for review of a
certification renewal decision and lengthening the time for this type
of petition may result in additional petitions. This rulemaking is not
expected to have any adverse economic impacts on the Corporation.
Benefit
An uncomplicated process for certificate amendment will result in a
more effective and efficient NRC review process. This, in turn,
provides for more timely completion of amendment reviews. Clarification
of who can petition the Director for review of a certificate amendment
determination will remove undesirable ambiguities. Specifically, the
final rule removes a restriction on who can petition for review by
eliminating the current requirement that a petition for review may only
be filed by a person who had previously provided comments. The final
rule will allow anyone whose interests may be affected to file a
petition for review. The extension of the time periods associated with
filing a petition for review provides more time for the public to
participate in the amendment process. The final rule also removes the
same restrictions on who may petition for review of a certification
renewal decision and extends the time period for accepting petitions
for review of a certification renewal decision. The final rule also
provides for NRC staff discretion in publishing the Federal Register
notice of receipt of the application for Certificate renewal. This
discretion permits the NRC staff to use its resources in the most
effective and efficient manner.
Preferred Option
The preferred option is amending the regulations to eliminate
ambiguities, reduce inefficiencies, better define the processes for
certificate renewals and amendments, allow immediately effective
amendments, and allow more time for public participation, while
continuing to ensure adequate protection of public health and safety.
This constitutes the regulatory analysis for the final rule.
Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b),
the Commission certifies that this final rule does not have a
significant economic impact on a substantial number of small entities
because it only addresses USEC or its successor. The Corporation does
not fall within the scope of the definition of ``small entities'' set
forth in 10 CFR 2.810 or the Small Business Size Standards set out in
regulations issued by the Small Business Administration at 13 CFR part
121.
Backfit Analysis
The NRC has determined that these amendments do not involve any
provisions that would impose backfits as defined in 10 CFR 76.76.
Therefore, a backfit analysis is not required for this final rule.
Small Business Regulatory Enforcement Fairness Act
In accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996, the NRC has determined that this action is not a
major rule and has verified this determination with the Office of
Information and Regulatory Affairs of OMB.
List of Subjects in 10 CFR Part 76
Certification, Criminal penalties, Radiation protection, Reporting
and recordkeeping requirements, Security measures, Special nuclear
material, Uranium enrichment by gaseous diffusion.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting
the following amendments to 10 CFR Part 76.
PART 76--CERTIFICATION OF GASEOUS DIFFUSION PLANTS
1. The authority citation for Part 76 continues to read as follows:
Authority: Secs. 161, 68 Stat. 948, as amended, secs. 1312,
1701, as amended, 106 Stat. 2932, 2951, 2952, 2953, 110 Stat. 1321-
349 (42 U.S.C. 2201, 2297b-11, 2297f); secs. 201, as amended, 204,
206, 88 Stat. 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846);
sec. 234(a), 83 Stat. 444, as amended by Pub. L. 104-134, 110 Stat.
1321, 1321-349 (42 U.S.C. 2243(a)).
Sec. 76.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 (42 U.S.C. 5851). Sec.
[[Page 44649]]
76.22 is also issued under sec. 193(f), as amended, 104 Stat. 2835,
as amended by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C.
2243(f)). Sec. 76.35(j) also issued under sec. 122, 68 Stat. 939 (42
U.S.C. 2152).
2. In Sec. 76.7, paragraph (e)(1) is revised to read as follows:
Sec. 76.7 Employee protection.
* * * * *
(e)(1) The Corporation shall prominently post the revision of NRC
Form 3, ``Notice to Employees,'' referenced in 10 CFR 19.11(c). This
form must be posted at locations sufficient to permit employees
protected by this section to observe a copy on the way to or from their
place of work. Premises must be posted during the term of the
certificate and for 30 days following certificate termination.
* * * * *
Sec. 76.9 [Amended]
3. In Sec. 76.9, paragraph (c) is removed.
4. In Sec. 76.21, paragraph (a) is revised to read as follows:
Sec. 76.21 Certificate required.
(a) The Corporation or its contractors may not operate the gaseous
diffusion plants at Piketon, Ohio, and Paducah, Kentucky, unless an
appropriate certificate of compliance, and/or an approved compliance
plan is in effect under this part. Unless authorized by the NRC under
other provisions of this chapter, a person other than the Corporation
or its contractors may not acquire, deliver, receive, possess, use, or
transfer radioactive material at the gaseous diffusion plants at
Piketon, Ohio, and Paducah, Kentucky.
* * * * *
5. Section 76.33 is revised to read as follows:
Sec. 76.33 Application procedures.
(a) Filing requirements. (1) An application for a certificate of
compliance must be tendered by filing 20 copies of the application with
the Director, Office of Nuclear Material Safety and Safeguards, with
copies sent to the NRC Region III Office and appropriate resident
inspector, in accordance with Sec. 76.5.
(2) The application must include the full name, address, age (if an
individual), and citizenship of the applicant. If the applicant is a
corporation or other entity, the application must indicate the State
where it was incorporated or organized; the location of the principal
office; and the names, addresses, and citizenship of its principal
officers. The applicant shall include any known information concerning
the control or ownership, if any, exercised over the applicant by any
alien, foreign corporation, or foreign government.
(b) Oath or affirmation. An application for a certificate of
compliance must be executed in a signed original by a duly authorized
officer of the Corporation under oath or affirmation.
(c) Pre-filing consultation. The Corporation may confer with the
Commission's staff before filing an application.
(d) Additional information. At any time during the review of an
application, the Corporation may be required to supply additional
information to the Commission's staff to enable the Commission or the
Director, as appropriate, to determine whether the certificate should
be issued or denied, or to determine whether a compliance plan should
be approved.
(e) Withholdable information. If an application contains Restricted
Data, National Security Information, Safeguards Information,
Unclassified Controlled Nuclear Information, proprietary data, or other
withholdable information, the applicant shall ensure that the
withholdable information is separate from the information to be made
publicly available.
6. In Sec. 76.35, the section heading and introductory paragraph
are revised to read as follows:
Sec. 76.35 Contents of application.
The application for a certificate of compliance must include the
information identified in this section.
* * * * *
7. In Sec. 76.36, paragraph (a) is revised to read as follows:
Sec. 76.36 Renewals.
(a) The Corporation shall file periodic applications for renewal,
as required by Sec. 76.31.
* * * * *
8. Section 76.37 is revised to read as follows:
Sec. 76.37 Federal Register notice.
The Director may, at his or her discretion, publish in the Federal
Register:
(a) A notice of the filing of an application for renewal
(specifying that copies of the application, except for Restricted Data,
Unclassified Controlled Nuclear Information, Classified National
Security Information, Safeguards Information, Proprietary Data, or
other withholdable information will be made available for public
inspection in the Commission's Public Document Room at 2120 L Street,
NW. (Lower Level), Washington, DC, and in the local public document
room at or near the location of the plant);
(b) A notice of opportunity for written public comment on the
application for renewal; and
(c) The date of any scheduled public meeting regarding the
application for renewal.
9. In Sec. 76.39, paragraph (a), and paragraphs (b)(1) and (b)(4)
are revised to read as follows:
Sec. 76.39 Public meeting.
(a) A public meeting will be held on an application for renewal if
the Director, in his or her discretion, determines that a meeting is in
the public interest with respect to a decision on the application for
renewal.
(b) * * *.
(1) The Director shall conduct any public meeting held on the
application for renewal.
* * * * *
(4) Members of the public will be given an opportunity during a
public meeting to make their views regarding the application for
renewal known to the Director.
* * * * *
10. Section 76.45 is revised to read as follows:
Sec. 76.45 Application for amendment of certificate.
(a) Contents of an amendment application. In addition to the
application for certification submitted under Sec. 76.31, the
Corporation may at any time apply for an amendment of the certificate
to cover proposed new or modified activities. The amendment application
should contain sufficient information for the NRC to make findings of
compliance or acceptability for the proposed activities in the same
manner as was required for the original certificate.
(b) Oath or affirmation. An application for an amendment of the
certificate of compliance must be executed in a signed original by the
Corporation under oath or affirmation.
(c) Amendment application determinations. If the NRC staff approves
an application for a certificate amendment, it will be effective on a
date specified by the NRC staff. If an application for a certificate
amendment is not approved by the NRC staff, the Corporation will be
informed in writing. The NRC staff may, at its discretion, publish
notice of its determination on an amendment application in the Federal
Register.
(d) Request for review of staff's determination on an amendment
application. The Corporation, or any person whose interest may be
affected,
[[Page 44650]]
may file a petition requesting the Director's review of an NRC staff
determination on an amendment application. A petition requesting the
Director's review may not exceed 30 pages and must be filed within 30
days after the date of the NRC staff's determination. Any person
described in this paragraph may file a written response to a petition
requesting the Director's review. This response may not exceed 30 pages
and must be filed within 15 days after the filing date of the petition
requesting the Director's review. The Director may adopt, modify, or
set aside the findings, conclusions, conditions, or terms in the NRC
staff's amendment determination by providing a written basis for the
action. If the Director does not issue a decision or take other
appropriate action within 60 days after receiving the petition for
review, the NRC staff's determination on the amendment application
remains in effect.
(e) Request for review of a Director's decision. The Corporation,
or any person whose interest may be affected and who filed a petition
for review or filed a response to a petition for review under
Sec. 76.45(d), may file a petition requesting the Commission's review
of a Director's decision on an amendment application.
(1) A petition requesting the Commission's review may not exceed 30
pages and must be filed within 30 days after the date of the Director's
decision. A petition requesting the Commission's review may be either:
(i) Delivered to the Rulemakings and Adjudications Staff of the
Office of the Secretary at One White Flint North, 11555 Rockville Pike,
Rockville, MD 20852; or
(ii) Sent by mail or telegram to the Secretary, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff.
(2) Any person described in paragraph (e) of this section may file
a written response to a petition requesting the Commission's review.
This response may not exceed 30 pages and must be filed within 15 days
after the filing date of the petition requesting the Commission's
review.
(3) The Commission may adopt, by order, further procedures that, in
its judgment, would serve the purpose of review of the Director's
decision. The Commission may adopt, modify, or set aside the findings,
conclusions, conditions, or terms in the Director's amendment review
decision and will state the basis of its action in writing. If the
Commission does not issue a decision or take other appropriate action
within 90 days after receiving the petition for review, the Director's
decision, under Sec. 76.45(d), on the amendment application remains in
effect.
11. In Sec. 76.60, paragraphs (c)(2), (d)(2), (e)(1), and (e)(2)
are revised to read as follows:
Sec. 76.60 Regulatory requirements which apply.
* * * * *
(c) * * *
(2) The Corporation shall post NRC Form 3 during the term of the
certificate and for 30 days following certificate termination.
(d) * * *
(2) The Corporation shall comply with the requirements in this part
or as specified in an approved plan for achieving compliance.
(e) * * *
(1) The Corporation shall comply with the requirements in
Secs. 21.6 and 21.21.
(2) Under Sec. 21.31, procurement documents issued by the
Corporation must specify that the provisions of 10 CFR Part 21 apply.
* * * * *
12. In Sec. 76.62, paragraph (c) is revised to read as follows:
Sec. 76.62 Issuance of certificate and/or approval of compliance plan.
* * * * *
(c) The Corporation, or any person whose interest may be affected,
may file a petition, not to exceed 30 pages, requesting review of the
Director's decision. This petition must be filed with the Commission
not later than 30 days after publication of the Federal Register
notice. Any person described in this paragraph may file a response to
any petition for review, not to exceed 30 pages, within 15 days after
the filing of the petition. If the Commission does not issue a decision
or take other appropriate action within 90 days after the publication
of the Federal Register notice, the Director's decision remains in
effect. The Commission may adopt, by order, further procedures that, in
its judgment, would serve the purpose of review of the Director's
decision.
* * * * *
13. In Sec. 76.64, paragraph (d) is revised to read as follows:
Sec. 76.64 Denial of certificate or compliance plan.
* * * * *
(d) The Corporation, or any person whose interest may be affected,
may file a petition for review, not to exceed 30 pages, requesting
review of the Director's decision. This petition for review must be
filed with the Commission not later than 30 days after publication of
the Federal Register notice. Any person described in this paragraph may
file a response to any petition for review, not to exceed 30 pages,
within 15 days after the filing of the petition for review. If the
Commission does not issue a decision or take other appropriate action
within 90 days after the publication of the Federal Register notice,
the Director's decision remains in effect. The Commission may adopt, by
order, further procedures that, in its judgment, would serve the
purpose of review of the Director's decision.
* * * * *
14. In Sec. 76.91, the introductory paragraph and paragraph (n) are
revised to read as follows:
Sec. 76.91 Emergency planning.
The Corporation shall establish, maintain, and be prepared to
follow a written emergency plan. The emergency plan submitted under
Sec. 76.35(f) must include the following information:
* * * * *
(n) Comment from offsite response organizations. The Corporation
shall allow the offsite response organizations that are expected to
respond in case of an accident 60 days to comment on the emergency plan
before submitting it to NRC. The Corporation shall provide any comments
received within the 60 days to the NRC with the emergency plan.
* * * * *
Dated at Rockville, Maryland, this 11th day of August, 1999.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 99-21306 Filed 8-16-99; 8:45 am]
BILLING CODE 7590-01-P