Combined Licenses; Conforming Amendments; Supplementary Post- Promulgation Comment Period

SUMMARY: The Nuclear Regulatory Commission (Commission) is providing a

supplementary post-promulgation comment opportunity on a portion of its

final rule amending its regulations to conform to the provisions of

Title XXVIII of Public Law 102-486, the ``Energy Policy Act of 1992,''

signed into law on October 24, 1992. This notice is necessary to inform

the public of the comment opportunity.

DATES: The final rule became effective January 22, 1993. Comments are

due 30 days after the date of publication of this notice.

FOR FURTHER INFORMATION CONTACT: Grace H. Kim, Office of the General

Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555,

telephone 301-504-3605.

SUPPLEMENTARY INFORMATION:

Background

In 1992 Congress passed, and the President signed, the Energy

Policy Act of 1992 (Pub. L. 102-486, 106 Stat. 2776). Title XXVIII of

that Act amended in part the nuclear power plant licensing provisions

of the Atomic Energy Act to authorize explicitly the issuance of

combined construction and operating licenses for nuclear power plants.

The new legislation largely codified the Commission's existing

regulations in 10 CFR part 52 with respect to such combined licenses,

but also made several changes to the licensing process established

under those regulations. On December 23, 1992, the Commission issued a

final rule amending part 52 in light of the new legislation (57 FR

60975). Finding prior public comment on the part 52 amendments

unnecessary because the changes were limited to incorporating the

language of the Energy Policy Act into the regulations, the Commission

established a 60-day post-promulgation comment period. Id.

On February 18, 1993, the Nuclear Information and Resource Service

(NIRS), which did not submit post-promulgation comments,1

petitioned the United States Court of Appeals for the District of

Columbia Circuit for review of the Commission's final rule. DC Circuit

No. 93-1164. Recently, however, the NIRS voluntarily requested

dismissal of its petition for review (which the court granted) after

obtaining the Commission's agreement, in the interest of judicial

economy, to provide the NIRS another opportunity for post-promulgation

comment on the final rule's treatment of the so-called ``Sholly''

procedure applicable to combined licenses. The ``Sholly'' procedure,

which the Commission made applicable to combined licenses in the final

rule in accordance with the Energy Policy Act (see 57 FR at 60976; 10

CFR 52.97(b)(2)(ii)), allows the Commission to make an amendment to a

combined license immediately effective (i.e., prior to a hearing) if it

makes a finding that there are no significant hazards considerations.

---------------------------------------------------------------------------

\1\The only post-promulgation comment that the Commission

received was submitted on February 22, 1993 by the Nuclear

Management and Resources Council. The Commission responded to this

comment in a Federal Register notice published on December 30, 1993

(58 FR 69220).

---------------------------------------------------------------------------

In light of these specific circumstances, the Commission is

providing another opportunity for post-promulgation comment. Any

interested member of the public may submit comments on the Commission's

treatment of the ``Sholly'' procedure in the final rule (see id.)

within 30 days of the date of publication of this notice. Pursuant to

10 CFR 2.804(f), the Commission will publish in the Federal Register an

evaluation of the significant comments and any revisions of the rule

made as a result of the comments and their evaluation.

List of Subjects in 10 CFR Part 52

Administrative practice and procedure, Antitrust, Backfitting,

Combined license, Early site permit, Emergency planning, Fees,

Inspection, Limited work authorization, Nuclear power plants and

reactors, Probabilistic risk assessment, Prototype, Reactor siting

criteria, Redress of site, Reporting and recordkeeping requirements,

Standard design, Standard design certification.

Dated at Rockville, Maryland this 6th day of June, 1994.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Acting Secretary of the Commission.

[FR Doc. 94-14122 Filed 6-9-94; 8:45 am]

BILLING CODE 7590-01-P