Certification of Gaseous Diffusion Plants; Final Rule NUCLEAR REGULATORY COMMISSION

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its

regulations to add a new part that includes the requirements for

certification of uranium enrichment activities of the United States

Enrichment Corporation (the Corporation) in its operation of the two

gaseous diffusion plants that the Corporation is leasing from the U.S.

Department of Energy (DOE). These two plants are known as the

Portsmouth Plant and the Paducah Plant, located at Piketon, Ohio, and

Paducah, Kentucky, respectively. These regulations are being

promulgated to establish standards for the protection of the public

health and safety from radiological hazards and provide for the common

defense and security, including adequate safeguards. A number of

conforming amendments are also being made to other NRC regulations. In

addition, appendix A to part 95 is being removed, since this material

is now available in a separate publication.

EFFECTIVE DATE: October 24, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. C.W. Nilsen, Office of Nuclear

Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC

20555, telephone (301) 415-6209; Mr. C.B. Sawyer, Office of Nuclear

Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,

Washington, DC 20555, telephone (301) 415-8174; or Mr. J.K. Everly,

Office of Administration, Division of Security, U.S. Nuclear Regulatory

Commission, Washington, DC 20555, telephone (301) 415-7048.

SUPPLEMENTARY INFORMATION:

Background

The President signed H.R. 776, the ``Energy Policy Act of 1992''

(the Act), into law on October 24, 1992. The Act amended the Atomic

Energy Act of 1954 (AEA), to establish a new Government Corporation,

the U.S. Enrichment Corporation (the Corporation), for the purpose of

managing and operating the uranium enrichment enterprise owned and

previously operated by the Department of Energy (DOE). Section 1701 of

the AEA, as amended, provides that within 2 years after enactment of

the legislation, the NRC is to promulgate standards that will apply to

the two operating gaseous diffusion plants to protect the public health

and safety from radiological hazards, and to provide for the common

defense and security.

Section 1701(b)(2) of the AEA, as amended, directs the NRC to

establish a certification process under which the two gaseous diffusion

plants at Piketon, Ohio, and Paducah, Kentucky, to be operated by the

Corporation, will be certified annually by the NRC for compliance with

those standards.

On February 11, 1994 (59 FR 6792), the Commission published a

proposed new part 76 in the Federal Register for comment establishing

requirements and procedures for the certification process by addition

of this new part to chapter I of title 10 of the Code of Federal

Regulations. In addition to the new part, a number of conforming

changes to the provisions of Chapter I of Title 10 of the Code of

Federal Regulations were also proposed which are necessary to implement

the new part. The comment period expired on April 12, 1994.

The new 10 CFR part 76 is based upon comparable NRC requirements

that have been in place for a number of years. The NRC believes these

requirements are adequate and appropriate for the gaseous diffusion

plants. The NRC will assume regulatory oversight authority after it

completes the first certification process in late 1995.

Summary of Requirements and Analysis of Public Comments

The Nuclear Regulatory Commission is amending its regulations to

add a new 10 CFR part 76 entitled, ``Certification of Gaseous Diffusion

Plants.'' This new part includes procedural requirements, generally

applicable NRC health and safety standards, technical safety

requirements, and safeguards and security requirements specific to the

gaseous diffusion plants. The Commission will use the requirements

included in this new 10 CFR part 76 to satisfy Energy Policy Act

requirements. The certification requirements in this rulemaking include

actions that are either required by the Act or required by the

Commission's procedures to protect the public health and safety from

radiological hazards, to provide for the common defense and security,

and to ensure adequate safeguards. Because this action does not

constitute a licensing action, many of the processes associated with

issuance of a license do not apply in this certification action.

Twenty comment letters were received on the proposed rule and are

available for public inspection, and copying for a fee, at the

Commission's Public Document Room located at 2120 L Street, NW. (Lower

Level), Washington, DC. The comments on the proposed rule came from a

variety of sources that included the Corporation, the Department of

Energy, citizens' groups, industry representatives, other Government

agencies, and legal firms. The comments and their resolutions are

discussed below and, to the extent possible, are arranged under the

identified section of the rule to which they are related.

A. General Requirements

The general requirements are based on and mainly derived from 10

CFR Part 70. Part 70 contains the requirements used by the Commission

to license the possession and use of special nuclear material at major

fuel cycle facilities for which the NRC has regulatory responsibility

for protecting public health and safety and the common defense and

security. Specific sections in this new part, which are based on 10 CFR

Part 70 as modified for the certification process, include the

following:

Section 76.1 Purpose. This section defines the purpose of 10 CFR

part 76 to be limited to certification of the existing 40-year-old

gaseous diffusion plants previously operated by the DOE.

A comment was received indicating that reference made to ``life of

the plant'' should be changed to ``duration of lease.'' The final

regulation has been so changed.

Section 76.2 Scope. This section defines the scope of part 76 to

cover the operation of gaseous diffusion plants previously operated by

DOE and now leased to the Corporation, and clarifies that the new part

applies only to those plants.

Comments were received indicating that the rules should be

clarified as only applying to operation of those portions of the

diffusion plants leased to the Corporation. The appropriate changes to

the rule have been made.

Section 76.4 Definitions. This section contains definitions of

terms used in this part.

In response to comments received, several definitions have been

added to, or revised in the final rule as follows:

Corporation. In response to a comment by the Corporation, the NRC

agrees that the definition should be clarified to show the continued

applicability of Part 76 to the operation of the gaseous diffusion

plants after privatization of the Corporation if privatization were to

occur.

Alert and Site area emergency. Definitions are added for

consistency with other regulations.

Radioactive material. Added as requested for clarification.

Unreviewed safety question. This definition was suggested by DOE,

and was added in response to comments by DOE and the Corporation, to

clarify its use in Sec. 76.68 as one factor in limiting changes that

the Corporation can make without prior Commission approval.

Section 76.5 Communications. This section describes requirements

for verbal and written submissions to the Commission.

No comments were received on this section.

Section 76.6 Interpretations. This section contains requirements

for interpretations of these regulations that are authorized by the

Commission.

No comments were received on this section.

Section 76.7 Employee protection. This section specifies

activities that are protected and prohibits discrimination against an

employee for engaging in protected activities.

Comments were received concerning the transition from operation

under DOE orders to operation under NRC regulations. Specifically, it

was suggested that various requirements for posting of NRC regulations

and forms be delayed in some cases until after the NRC has taken action

on the application. This section and Sec. 76.60 have been modified to

provide additional flexibility in the posting of notices by requiring

posting not later than the date of the Director's initial decision on

certification.

One commenter recommended that the final rule include a reference

to activities protected by the National Labor Relations Act. The labor

standards and/or statutes applicable to the Corporation are specified

in section 1312(d) of the AEA. No further delineation of those

standards and/or statutes is necessary for inclusion in NRC's

certification regulations.

A comment was received expressing a perceived lack of willingness

of the NRC to solicit comments from organizations that represent the

plant workers. This rulemaking has been done under full public

participation as required by NRC procedures within the time limits

imposed by the legislation for transferring operation of the facilities

to the Corporation. The certification procedure provides an opportunity

for public participation at all stages of the process through written

comments and participation in public meetings to be held near the

sites.

Section 76.8 Information collection requirements: OMB approval not

required. This section indicates that the information collection

requirements contained in this part need not be reviewed and approved

by the Office of Management and Budget in accordance with the Paperwork

Reduction Act.

No comments were received on this section.

Section 76.9 Completeness and accuracy of information. This

section specifies that all information provided to the NRC must be

complete and accurate.

No comments were received on this section.

Section 76.10 Deliberate misconduct. This section describes

prohibited activities and states that violations are subject to

enforcement action.

No comments were received on this section.

Section 76.23 Specific exemptions. This section specifies that the

Commission may grant exemptions from the requirements in part 76

provided certain conditions are met.

A comment was received from the Corporation recommending that the

rule be expanded to provide that the Commission may grant exemptions

where certain ``special circumstances'' exist due to the ``unique

status'' of the Corporation. The special circumstances presented

included a request by the Corporation or DOE that an exemption would be

in the furtherance of the common defense and security of the United

States, the nonproliferation of atomic weapons, or any of the other

important governmental functions identified in the statutory purposes

for the Corporation set forth in Section 1202 of the AEA. As proposed,

Sec. 76.23 already provides that NRC may grant exemptions and

specifically includes consistency with the common defense and security

of the United States as a prerequisite for granting an exemption. The

NRC does not conclude that the Corporation's ``unique status''

introduces any additional considerations in considering requests for

exemptions not already within the purview of Sec. 76.23.

Section 76.65 Inalienability of certificates. This section sets

forth the conditions for transfer of certification.

Comments were received that the proposed rule should address

inalienability of certificates. This section has been added to the

final rule.

Section 76.76 Backfitting. This section sets forth the conditions

for requiring backfitting of the plants and establishes backfit

guidelines. Backfitting is defined as any NRC-required modification or

addition to systems, structures, or components of the facility, or

procedures or organizations used to operate the facility.

Commissioner Rogers was particularly interested in comments on two

issues regarding the provisions of this section: (1) Whether the

provisions of Sec. 76.76 should become effective immediately when 10

CFR part 76 becomes final, as would happen were the proposed section to

remain unchanged, or whether there should be some interim period before

these provisions become effective (e.g., until completion of the first

annual certification following initial certification) and; (2) Whether

the standard for requiring a backfit should be that of

Sec. 76.76(a)(3), ``* * * a substantial increase in the overall

protection of the public health and safety or the common defense and

security * * *'' or the less stringent standard of cost-effectiveness

that is contained in section 1(b)(6) of Executive Order 12866 of

September 30, 1993, ``* * * a reasoned determination that the benefits

of the intended regulation justify its costs.''

A number of commenters agreed that the provisions of Sec. 76.76

should be made effective when the rule becomes final. There were no

comments received in support of a delay in the implementation of the

backfit provisions. However, the Ohio Citizens for Responsible Energy

opposed the application of the proposed backfit requirements to these

facilities. They commented that: (1) Operations have not been trouble-

free and environmentally benign, (2) the NRC has no previous experience

with these plants, (3) the backfit rule would essentially ``freeze''

the plant design and operational practices, and (4) the NRC must be

free to demand changes in the design and operation of these plants.

They further commented that if the NRC establishes any backfit standard

it should be the standard of Executive Order 12886: ``a reasoned''

determination that the benefits of the intended regulation ``justify

its costs.''

The Corporation, DOE, and the Nuclear Energy Institute agreed with

incorporation of the backfit provisions as written. The Corporation

specifically supported the rewrite of 10 CFR 50.109, as proposed, as

being consistent with NRC practice.

In response to the comment suggesting that the proposed backfit

provisions would prevent the Commission from taking action as is

required to protect public health and safety, the Commission does not

apply backfit provisions in a manner which would inhibit imposition of

requirements necessary to achieve an adequate level of safety. Under

the backfit requirements in the final rule, costs are considered only

for determining the need to impose requirements that provide for

enhanced levels of safety that go beyond those basic requirements

needed to provide adequate protection of the public health and safety.

The final rule requires a cost benefit analysis for any new

requirement or NRC staff position unless the modification is required

to bring the facility into compliance with written rules or orders, or

into conformance with written commitments by the Corporation, or if the

change is necessary to ensure that the facility provides adequate

protection of the public health and safety. The final rule is

unchanged.

Section 76.81 Authorized use of radioactive material. The section

sets forth requirements for the Corporation's possession and use of

radioactive material.

The Corporation commented that it wants language in the regulations

which would authorize it to receive, possess, own, acquire possession

of, and use radioactive materials in places and for purposes not

covered by the certificate, if otherwise authorized by law. Such

authorization would not be part of certification and would involve

approval by other Federal agencies. This comment goes beyond NRC's

authority with respect to certification of the gaseous diffusion

facilities. To the extent that the Corporation wants NRC to approve

activities associated with radioactive materials involving other

locations and other activities, other locations and activities are not

included in the certification authority contained in the AEA, as

amended by the Energy Policy Act. The final rule has been revised to

make clear that to the extent the Corporation engages in activities not

covered by the certification process, it may do so as long as it

complies with all applicable State and Federal regulations.

Section 76.83 Transfer of radioactive material. This section

contains requirements for the Corporation's transfer of radioactive

material.

DOE recommended that the provision of Sec. 76.83(d)(3) concerning

emergency shipments be deleted as they are not defined and continued

implementation of current DOE practices provides methods for shipment

of material outside the normal process. This comment was not adopted

and the section was retained to provide the flexibility for such

transfers under NRC certification in the event it would be needed and

is not inconsistent with current NRC practices.

Section 76.89 Criticality accident requirements. This section

contains monitoring requirements for criticality accidents.

Commenters requested that Sec. 76.89 be revised to specifically

state that certain areas do not require criticality alarms: (1) Areas

containing less than 700 grams of U-235 contained in uranium of any

enrichment, (2) areas containing less than 1500 grams of U-235

contained in uranium enriched up to 4%, (3) areas containing less than

1400 grams of U-235 contained in uranium enriched up to 5%, (4) areas

where special nuclear material is packaged and stored in approved

containers and in isolated arrays in compliance with 10 CFR part 71,

and (5) process buildings containing homogeneous uranium material

enriched to less than 1%. The NRC does not intend to require monitoring

for areas where quantities of enriched uranium are controlled so that a

criticality accident is not credible. Rather than attempting to specify

quantity limits, the rule was modified to include a generic provision

such that criticality alarms will not be required for such controlled

areas.

Section 76.91 Emergency planning. This section contains emergency

planning requirements.

Some commenters agreed with the emergency planning provisions as

proposed. Others recommended that the emergency planning provisions be

revised. A commenter's proposed changes were to (1) add a ``general

emergency'' category to the classification of accidents, (2) give

annual briefings and tours to fire, police, medical, and other

emergency personnel, (3) conduct annual drills in addition to the

proposed annual exercises, and (4) add separate sections to emergency

planning documents that address the emergency operations center and

public notification of basic emergency planning and information in

emergency planning zones. A commenter also suggested that the proposed

language would permit individuals to evaluate their own performance in

the required biennial exercise, rather than have an independent and

impartial evaluation.

The emergency planning provisions in 10 CFR part 76 are essentially

those of 10 CFR part 70. Adoption of these comments would result in

emergency planning requirements similar to those in place at nuclear

power plants. The nature of the postulated accidents that are

considered in emergency planning for nuclear power plants would be

substantially different from those that would be involved in emergency

planning for the gaseous diffusion plants. The regulatory analysis for

the emergency preparedness requirements contained in Part 70 evaluated

the risks associated with the release of UF6 and concluded that

offsite emergency preparedness should be based on chemical toxicity

from a large UF6 release. The current part 70 requirements are

considered adequate for these facilities, therefore, these additional

measures were not adopted.

One commenter concluded that Sec. 76.91, ``Emergency Planning,''

does not provide for any offsite emergency planning except for a

minimal notification procedure to offsite response organizations and a

request for offsite assistance, and that this omission implies that no

offsite consequences will occur. Actually, the rule requires

considerable coordination with offsite organizations, including

offering opportunities for orientations and participation in exercises.

Although there is a small risk of an incident which may require an

offsite response, the NRC believes the nature of these incidents is

such that State and local governments can be expected to respond in an

adequate manner whether or not there are any formal written emergency

plans for offsite releases.

Section 76.120 Reporting requirements. This section contains

requirements for 1-hour notification, 4-hour notification, 24-hour

notification, and for preparation and submission of reports.

One commenter recommended deletion of ``general emergency'' to make

the language of the requirement consistent with that of Sec. 76.91(c).

Because there was no intent of including a general emergency class,

this correction was made.

Another commenter recommended changing ``or'' to ``and'' between

paragraphs (c)(1)(ii) and (iii), and between paragraphs (c)(2)(ii) and

(iii). This change was adopted as being the intent of the proposed rule

and to be consistent with 10 CFR parts 30, 40, and 70.

One commenter recommended changing the language in

Sec. 76.120(c)(1)(iii) from ``to decay to a level that would allow

decontamination'' to ``to decay prior to decontamination.'' This change

was adopted for consistency with part 70.

The Corporation suggested that Sec. 76.120(c)(2) could be changed

to provide that the failure of equipment required by an operational

safety requirement to perform certain functions should be reported to

the NRC. The NRC agrees with the intent of the suggestion but will use

the technical safety requirement for consistency of terminology. The

appropriate changes have been made to the final regulation. The comment

also recommended deletion of the requirement for reporting equipment

failure in the case of equipment required to restore the facility to a

preestablished safe condition. This suggestion was not adopted. The

requirement is needed to ensure that the NRC is aware of instances when

facility safety during shutdown and restart could be threatened.

The Corporation suggested a modification to Sec. 76.120(c)(3) to

reflect that both GDPs have onsite medical facilities that negate the

need for reporting radioactive contamination of personnel. This

suggestion was not adopted. The purpose of the requirement is to make

the NRC aware of any event in which a worker needs medical attention,

either onsite or offsite, due to radiological contamination.

The Corporation suggested the deletion of the record or log

requirement in Sec. 76.120(d). The NRC maintains telephone event report

logs in its database system and written reports submitted on emergency

actions carried out in response to an emergency plan activation. There

is no health and safety benefit to be gained by the Corporation

maintaining an additional log for two years after an event. Therefore,

the final regulation has been changed as suggested.

One commenter suggested that the proposed verbal and written

reporting requirements should be modified to be consistent with the

current part 70 requirements and that the same language should be used.

This suggestion was not adopted. The proposed new language only

clarifies what is already required by the current wording of 10 CFR

20.2201, 20.2202, 70.50, and 70.52.

Section 76.121 Inspections. This section states that the

Corporation shall afford the Commission opportunity for inspection and

that office space for Commission inspection personnel must be provided.

No comments were received on this section.

Section 76.131 Violations. This section specifies actions the

Commission may take to prevent a violation, such as obtaining a court

order, and contains civil penalty provisions.

A commenter asserted that the proposed rules do not include

enforcement provisions. The post issuance provisions in Sec. 76.70

pertain to revocation, suspension, or amendment for cause. Revocation

of a certificate or approved compliance plan would be an extremely

severe sanction and, quite arguably, the most severe possible sanction

for the Corporation. In addition, Sec. 76.60 makes 10 CFR Part 21

(Reporting of Defects and Noncompliance) applicable to the gaseous

diffusion plants, and Sec. 76.22(d) includes provision for civil

penalties for violations of 10 CFR part 21. Section 76.131 pertains to

violations and provides for the Commission to seek an injunction or

other court order to prevent a violation of the regulations and to seek

an order for payment of a civil penalty for violation of Section 206 of

the Energy Reorganization Act of 1974 (relating to reporting of defects

and noncompliance). The commenter also indicated difficulty in

determining what criminal penalties apply when examining Sec. 76.133

and the citations therein. Section 76.133(b) identifies those sections

of part 76 for which criminal penalties do not apply. As set forth in

Section 223 of the AEA, as amended, the general penalty for such

violation, upon conviction, is punishment ``by a fine of not more than

$5,000 or by imprisonment for not more than two years, or both.'' The

rule was not changed.

Section 76.133 Criminal penalties. This section specifies criminal

sanctions for violations. For purposes of section 223 of the AEA which

provides for criminal sanctions, the regulations in 10 CFR part 76 for

which criminal penalties apply are issued under sections 161b, or 161i.

The sections for which criminal penalties do not apply are listed in

Sec. 76.133(b).

The Corporation agreed that criminal sanctions could be imposed for

violations of part 76 regulations issued under sections 161b or 161o of

the AEA because these sections give the Commission authority to issue

regulations to govern the possession and use of special nuclear

material. However, the Corporation indicated that part 76 regulations

could not be issued under section 161o of the AEA, and therefore,

section 161o should be removed as a potential basis for criminal

sanctions under Sec. 76.133 and other NRC regulations (e.g., 10 CFR

19.40) made applicable to the Corporation. The Corporation reasoned

that the activities regulated in part 76 do not constitute licensed or

other activity within the scope of 161o.

The Commission agrees that 161o of the AEA applies to licensed and

other activities that are not the subjects of the regulations in part

76. Therefore, Sec. 76.133 has been revised by deleting section 161o as

an authority for the issuance of regulations in part 76 and imposition

of criminal sanctions under section 223 of the AEA. The Commission does

not believe that it is necessary to revise the ``Criminal Penalties''

sections of other parts that apply to the Corporation because the

references to 161o as one of the non-exclusionary bases for issuance of

regulations in the other parts also apply to actions of licensees and

other persons engaged in activities within the scope of 161o.

B. Procedural Requirements

As directed by section 1701(c) of the AEA, as amended, the rule

contains procedures for the annual certification process. Apart from

requiring an annual application for a certificate of compliance and a

determination by the Commission, in consultation with EPA, of

compliance with the NRC's standards, the legislation does not specify

procedures for the certification process. In addition, the amendments

to the AEA provide that the requirement for a certificate of compliance

is in lieu of any requirement for a license. Thus, the NRC has

substantial discretion in determining appropriate procedures for the

certification process. By providing for public notice and a written

comment period with respect to an application for a certificate of

compliance, as well as the opportunity for the Corporation and other

interested parties to petition the Commission for review of the

decision to grant or deny a certificate or request for approval of a

compliance plan, the Commission believes that it is adopting a fair and

efficient certification process/procedure.

The procedural requirements for the certification process to

implement provisions of the Act and to constitute the Commission's

certification process include:

Section 76.21 Certificate required. This section contains the

requirement that the gaseous diffusion plants may not be operated

without a certificate of compliance or an approved compliance plan.

A comment was received concerning operation of the GDPs between the

time the NRC issues the standards and issues a certificate or approves

a compliance plan. The Corporation's authority to continue to operate

the GDPs under DOE oversight after part 76 becomes effective, but

before the NRC completes the initial certification process, has been

clarified.

A commenter stated the belief that the Corporation should not be

able to operate the facilities without a certificate of compliance.

This view appears to be based on a misunderstanding of the AEA. Section

1403 of the AEA requires that the Corporation lease the facilities for

a period of 6 years, which commenced on July 1, 1993 (see also section

1314(e)), but section 1701 also gave the NRC 2 years from October 24,

1992, for establishment of standards under which the NRC would then

determine whether to certify compliance with the standards. During the

interim period, DOE has oversight responsibility for the GDPs until the

NRC establishes its standards and completes the first certification

process.

In response to another comment, the rule has been revised to permit

receipt of radioactive material under either a certificate or an

approved compliance plan.

Section 76.31 Annual application requirement. This section

specifies the date by which the annual application must be filed. The

initial certification would be based on review of an application

submitted by the Corporation. The initial application would contain a

complete description of operations, a safety analysis, and other

information required to demonstrate compliance with NRC requirements.

Subsequent applications could reference previously submitted

information. For annual reviews after the initial certification, the

Commission would focus on new information and changes from the previous

year and public comments. The Commission anticipates that it will

perform a complete review, similar to that performed for the initial

certification, every 10 years.

The footnote concerning the date for submission of the initial

application has been changed in response to a comment from the

Corporation to provide at least 6 months for submission of the initial

application after the rule becomes effective.

Section 76.33 Application procedures. This section contains filing

requirements and specifies the required contents of the application.The

rule requires any application which contains restricted data,

classified national security information, unclassified controlled

nuclear information, safeguards information, or proprietary or other

withholdable data to be prepared in such a manner that all such

information or data are separated from the information to be made

available to the public.

The Corporation stated that the word ``identifiable,'' used in

Sec. 76.33(c)(2) to describe areas of noncompliance, was unclear and

should be revised to be ``identified'' as stated in other NRC

regulations (e.g., 10 CFR 21.1 and 70.9(b)). They indicated that it is

not clear how the NRC would determine whether a particular

noncompliance to be addressed in a compliance plan was

``identifiable.'' The NRC agrees that this word is ambiguous, and it

has been changed to ``identified'' in the final rule as stated in 10

CFR 20.1 and 70.9(b).

Several comments were received concerning the environmental aspects

of the certification process and existing environmental conditions at

the facilities including the presence of contamination due to

transuranics and their daughters. The Department of Energy prepared an

Environmental Impact Statement for the Portsmouth gaseous diffusion

plant in 1977 and an Environmental Assessment of the Paducah facility

in 1982. The NRC has reviewed those documents, as well as environmental

reports prepared by DOE for both facilities in 1992 and environmental

audits prepared by DOE prior to turning operation of the Facilities

over to the Corporation in 1993. The NRC also conducted extensive site

visits. No significant differences in operations, previously evaluated

by DOE, were identified that would result in current operations having

significantly different environmental effects than those already

evaluated in DOE's environmental reviews. In addition, any known

quantities of transuranics or their daughters at facilities under the

NRC regulatory certification process most likely came from the

processing of recycled uranium in the past. The Corporation will be

required to provide for adequate protection of public health and safety

as a result of operations at the leased facilities, including releases

of effluents to the environment as specified in Sec. 76.60(d) that is

based on the regulations in 10 CFR part 20. As established by the Act,

the NRC will issue a certificate only for the current operations of the

facility and will not evaluate preexisting conditions. All preexisting

conditions are outside of NRC authority. In consideration of this

limited authority, this section was changed to only require submittal

of additional information that deviates from DOE-published

environmental documents for these facilities. Also, in this regard, the

Act requires the Director, as specified in Sec. 76.53, to consult with

the Environmental Protection Agency (EPA) on applications for

certification.

The NRC has reviewed comments concerning decommissioning and

existing site environmental contamination. The NRC is currently working

with the EPA in establishing standards for the decommissioning of

nuclear facilities. These EPA standards will be applied in the

decommissioning of these plants.

Several commenters responded to the requirement concerning

separation of certain material, such as classified or proprietary

material, from the information to be made available to the public. This

requirement conforms to other NRC regulations on the separation of

submitted information. The special handling of the specified material

is required to protect information that could be detrimental to

national or facility security and the Corporation's business. In

appropriate cases, the Commission has procedures to permit access to

the material for individuals who have been properly cleared and are

bound by law to protect the information.

The Corporation suggested that the proposed rule be modified in

several places to state that the Corporation need not describe

procedures for special nuclear material where the function is the

responsibility of DOE. The NRC recognizes that the Corporation will not

control all activities at the enrichment plant sites, and that DOE will

continue to conduct certain activities involving enriched uranium at

sites which are outside of NRC jurisdiction. Any interaction between

DOE and the Corporation-leased facilities will be carefully monitored

by NRC to assure that safety and safeguards requirements are met by the

Corporation. However, the suggested rule changes were not adopted

because it is inappropriate for the rule to attempt to address DOE

activities which fall outside NRC jurisdiction.

Also, in response to a comment, the final rule requires more

detailed information about the Corporation's management structure

similar to that required by part 70.

Section 76.36 Annual renewal. The Corporation requested a change

in format regarding contents of applications for the purpose of

increased clarity regarding the precise scope of the initial

application and of renewal applications. Included in the proposed

restructuring was revision of proposed Sec. 76.35 pertaining to

contents of applications so as to limit its scope to the contents of

the initial application. The Corporation also recommended the addition

of a new Sec. 76.36 so as to set forth the precise content of the

annual resubmittal.

The NRC agrees that revisions to specifically address the renewal

procedures would add clarity to the prescribed content of the initial

and renewal applications. As a result, the final rule adds a new

Section 76.36 to address required contents for annual renewal

applications and identifies the information that must be submitted for

annual review following the initial certification action. This new

section clarifies and confirms that the Corporation may, as part of its

application for renewal, either submit the information specified in

Sec. 76.35 pertaining to the initial application or rely upon the

application(s) upon which the existing certificate is based and

identify any pertinent changes or proposed changes as specified in

Sec. 76.36(c)(2). The provision permitting incorporation of previous

submissions by clear and specific reference has been moved from

proposed Sec. 76.33(f) to Sec. 76.36(b).

Section 76.37 Federal Register notice. This section describes the

public notice on a filing of an application, provides an opportunity

for public comment, and indicates the date of any public meeting.

Ohio Citizens for Responsible Energy (OCRE) requested that the

Commission provide at least an 80-day period for public comment on the

initial application for a certificate and for complete review of

renewal applications that is intended every 10 years. OCRE views the

proposed 30-day period as too brief for learning through publication in

the Federal Register of the filing of an application and to respond to

such a complex matter.

Another commenter, the Central Mid-West Interstate Low-Level

Radioactive Waste Commission, recommended that the Commission provide

for at least a 60-day period for public comment on an application for

initial issuance or renewal of a certificate.

Section 76.37 does not specify the time period which will be

afforded for public comment on an application. However, the Commission

has indicated that it plans to provide at least a 30-day comment period

(February 11, 1994; 59 FR 6797). In light of the comments received, the

Commission has determined, as a matter of policy, that it intends to

provide a comment period of at least 45 days. However, the Commission

cannot assure that any longer public comment period will be provided in

light of the need for an expeditious determination of the application

on an annual basis, including NRC staff review of the application and

public comments, preparation and issuance of the Director's decision,

and consideration of petitions for review by the Commission.

The Commission notes that it has provided for the annual filing of

an application by a specific date and that it will promptly make a copy

of the application available in local public document rooms near the

gaseous diffusion plants. These aspects of the certification process

should enhance the ability of the public to provide comment on the

application.

Section 76.39 Public meeting. This section describes the

procedures for conducting a public meeting on applications at the

discretion of the Director, Office of Nuclear Material Safety and

Safeguards (NMSS), NRC. A public meeting will be held on the initial

certification application.

Ohio Citizens for Responsible Energy (OCRE) requested that the

regulations require a public meeting on the initial certification

process and for the complete review that the NRC anticipates performing

every 10 years.

The final rule, as did the proposed rule, provides that a public

meeting will be held if the Director, at his or her discretion,

determines that a meeting is in the public interest with respect to a

decision on the application. The NRC has already indicated, as a matter

of policy, that a public meeting will be held on the initial

certification application. The Commission continues to be committed to

holding such a meeting. The scope of the Commission's review and public

expression of interest in a public meeting will be important factors in

the Director's decision on whether a meeting on any certificate renewal

is in the public interest.

However, it is not clear that a public meeting will be necessary on

any annual renewals. Commenters on an application may request a public

meeting on annual renewals. The Director, NMSS, will consider these

comments in making a determination of whether a public meeting is in

the public interest.

OCRE also requested that the NRC provide persons whose interests

may be affected by operation of the facilities with the opportunity for

a formal adjudication to contest a certification and ensure correction

of past problems.

The Commission has not made provision for a formal adjudicatory

hearing on a certification decision whenever requested by a person

whose interests are adversely affected. Public notice, opportunity for

written comment, and opportunity to petition the Commission regarding a

Director's decision should provide a fair and efficient procedural

process for public participation in the certification decision. It must

be recognized that Congress explicitly provided for a certification

process in lieu of licensing requirements and did not specify any

particular procedures for the certification process. However, in

addition to the specific procedures which the Commission is providing,

the Commission has also made clear its discretion to adopt by order

further procedures that it determines would serve the purpose of the

Commission's review of the Director's decision (Secs. 76.62(c) and

76.64(c)).

Section 76.41 Record underlying decisions. This section specifies

that any decision will be based on information in the record and that

significant information on any proceeding, with limited exceptions,

will be part of the public docket. This is not intended to constitute a

requirement of adjudication on the record after opportunity for agency

hearing under the Administrative Procedure Act.

No comments were received on this section.

Section 76.43 Annual date for decision. This section describes the

timing of the annual decision on the application by the Director, NMSS,

to be made within 6 months of receipt of the application.

No comments were received on this section.

Section 76.45 Application for amendment of certificate. This

section states the procedures to be followed by the Corporation in

applying for an amendment of a certificate before the established date

of the next application for a certificate.

DOE commented that applications for amendment should be submitted

by the Corporation under oath or affirmation. The Commission has

included this change in the final rule.

Section 76.51 Conditions of certification. This section states

that the Corporation shall comply with all requirements set forth and

referenced in part 76, or in a certificate of compliance, or in an

approved compliance plan.

In one of its comments, the Corporation requested that this section

be revised to permit the Corporation to modify its programs for

material control and accounting, physical protection, protection of

special nuclear material in transit, security, safeguards, and

emergency response so long as the changes do not decrease the

effectiveness of the applicable plans. This permission is already

granted in Sec. 76.68 of the proposed rule. That section permits the

Corporation to make changes to the plant or the plant's operations

without prior Commission approval provided certain conditions are met.

In another comment, the Corporation suggested various retention

periods for records of changes to material control and accounting plans

made without prior Commission approval and for records of changes to

security and safeguards plans made without prior Commission approval.

Requirements for retention of these kinds of records are addressed in

the proposed Sec. 76.68(d). The record retention period for procedural-

like changes is standardized at two years and is shorter than the

periods proposed by the Corporation. Records of changes to the plant

must be retained for the duration of the lease. The Corporation comment

did not explicitly address retention of records of changes to the

plant. The required period is deemed justified because it is important

to both safety and safeguards to have available records describing the

current and past plant configurations.

A final comment from the Corporation on this section suggested a

schedule for informing the Commission of various kinds of changes made

without prior Commission approval. The submission requirement is

addressed in Sec. 76.68(b). The time allowed has been extended from 90

days in the proposed rule to annually in the final rule. The annual

submission date allows more time for submission than any of the

Corporation's suggestions. The annual submission date could coincide

with the annual application and is justified by the continuing presence

of an onsite NRC resident inspector who would be aware of the changes.

Section 76.53 Consultation with Environmental Protection Agency

(EPA). This section states that the Commission will consult with the

EPA in making the annual decision on the application for a certificate,

including the provisions of any compliance plan, and solicit their

written comments on the application.

No comments were received on this section.

Section 76.55 Timely renewal. This section states that timely

filing of an application for a certificate of compliance will maintain

in effect any existing certification or approved compliance plan

effective until issuance of a final decision on the application. This

addresses the unlikely situation in which the Commission is unable to

make the required annual determination regarding an application for a

certificate of compliance despite timely filing of the application. In

this case, the Commission will deem its prior determination regarding

compliance effective until final resolution of the subsequent

application and will advise Congress annually as required under Section

1701(b) of the AEA.

The Corporation requested that the provision on timely renewal be

modified by providing that an existing certificate of compliance or

approved compliance plan not expire until the annual application for a

certificate of compliance ``has been finally determined by the

Commission'' rather than at the time of the Director's determination of

the application. The Corporation also requested that the condition of

timely filing of ``a sufficient annual application'' be changed to

timely filing of ``an annual application in proper form.''

The Commission agrees that an existing certificate or approved

compliance plan should not expire until a final determination is made

by the agency on the renewal application for the certificate. The final

rule has been revised accordingly. The Commission intends that a

certification process will normally be completed on an annual basis in

the absence of extraordinary or unusual circumstances preventing the

completion of the process.

The final rule has been revised to clarify that the Corporation

will not be penalized if NRC does not complete the certification

process expeditiously. However, the Corporation must timely file a

sufficient application that addresses all the elements in Sec. 76.36

for the Commission's determination. NRC staff questions regarding

information provided in the application will not cause an application

to be judged insufficient.

Section 76.60 Regulatory requirements which apply. This section

specifies the requirements which the NRC will apply in certifying the

Corporation's operation of the gaseous diffusion plants.

One commenter suggested that in several places the phrase ``shall

demonstrate compliance'' should be changed to ``shall comply.'' The NRC

agrees with this comment and has changed the final regulation.

The Corporation requested that the rule be changed to allow two

years to convert administrative and procedural elements of its

radiation protection program to meet the standards for protection

against radiation contained in 10 CFR part 20. DOE commented that the

implementation of part 20 requirements should be based upon a schedule

that achieves implementation in a timely, cost-effective manner.

Although the Corporation agreed that the dose limits should become

immediately effective upon receipt of the certification or an approved

compliance plan, they provided no information on how they would be

capable of implementing the dose limits without procedures or

administrative controls in place. The requested two-year extension

could mean that the elements of part 20 would not be in place until

late 1996. The Commission recognizes that although there will be

significant effort required to implement part 20, sufficient time is

available for the Corporation to begin to implement these requirements.

If the Corporation is unable to complete development of the appropriate

procedures and administrative controls, including training before the

date of the NMSS Director's decision, any remaining activities should

be presented as a part of a compliance plan. In addition, the

Corporation expressed concern with obtaining National Voluntary

Laboratory Accreditation Program (NVLAP) approvals. Because NVLAP

testing occurs every 3 months and the facilities possess Department of

Energy Laboratory Accreditation Program (DOELAP) certification, there

should be no difficulty in obtaining NVLAP accreditation before the

NMSS Director's decision.

Another comment noted that until the initial certification, DOE has

the regulatory oversight authority over the gaseous diffusion plants

(GDPs) and, therefore, the implementation date for 10 CFR parts 19 and

21 should coincide with issuance of the initial certificate, rather

than earlier as in the proposed regulation. The NRC agrees with this

comment, and the regulation has been so changed.

Louisiana Energy Services (LES) raised the issue of requiring,

through part 76, that the Corporation maintain liability insurance

comparable to that required by 10 CFR part 140 for uranium enrichment

facilities. The provision cited by LES, 10 CFR 140.13b, is based on

section 193 of the AEA. This section specifically requires that the NRC

require, as a condition of licensing any enrichment facility, that

liability insurance be maintained by the licensee sufficient to cover

liability arising from operations at the licensed facility. The

legislation establishing the Corporation specifically provides that

Price-Anderson indemnification will be provided by the Department of

Energy under Section 170d of the Atomic Energy Act of 1954, as amended

(AEA) for the gaseous diffusion facilities leased to the Corporation by

the DOE. Further, Section 170a of the AEA provides that NRC may require

financial protection for facilities licensed under sections 53, 63, 81,

103, 104, and 185. The certification process does not constitute

issuance of a license within any of these sections of the AEA.

Accordingly, it is the Commission's conclusion that requiring

additional NRC mandated liability insurance for the Corporation's

operations is neither appropriate nor necessary.

One commenter recommended the inclusion of the reference to 10 CFR

part 95 that covers security and safeguarding information in this

section for consistency as other regulations which apply are listed.

The NRC agrees with this comment and the final regulation has been so

changed.

Several commenters expressed concerns about the applicability of

Environmental Protection Agency regulations in 40 CFR parts 61 and 190,

noting that although 10 CFR part 20 incorporates 40 CFR part 190, 10

CFR part 76 did not explicitly reference 40 CFR part 190. The NRC notes

that because the Corporation is required to comply with 10 CFR part 20,

it must also comply with 40 CFR part 190, and 40 CFR part 61, Subpart

H, and that explicit references in part 76 are not necessary.

One commenter noted that certain of the existing regulations

referenced by the proposed rule provided for the imposition of civil

penalties but contended that authority for the NRC to issue a civil

penalty is not included in the Energy Policy Act. The NRC agrees with

the comment and the final rule has been revised to delete the civil

penalty provisions.

Section 76.62 Issuance of certificate and/or approval of

compliance plan. This section specifies that the Director, NMSS, will

issue a written decision on the Corporation's application and states

that the Corporation or affected members of the public who have

provided comments in the proceeding may seek the Commission's review of

the Director's decision.

The Corporation recommended that this section be revised to clarify

that a certificate and a compliance plan are not exclusive of the

issuance of the other. They also expressed concern that the proposed

language might be interpreted to require the Director to withhold the

certificate of compliance in its entirety if there are any outstanding

areas of noncompliance. They requested that the language of the

proposed rule be modified to explicitly state that a certificate of

compliance would be issued for all areas of full compliance and a

compliance plan for areas of current noncompliance. The Commission

agrees that it may issue a certificate of compliance covering those

areas where the Corporation is in compliance with applicable

requirements and the Commission may also approve concurrently a

compliance plan for areas of noncompliance. This section is modified to

clarify this intent.

The Corporation requested modification of proposed Sec. 76.62(c) to

provide that petitions for the Commission's review of a Director's

decision to issue a certificate and/or approve a compliance plan

``shall be limited to matters raised in the petitioner's written or

verbal comments.'' The Commission declines to limit petitioners for

Commission review to matters raised in that petitioner's previous

written or verbal comments. A Director's decision on a certificate or

proposed compliance plan may respond to issues raised by other

commenters or include provisions that a commenter did not anticipate.

For these reasons, those persons whose interests may be affected and

who submitted written or verbal comment on an application will be

permitted to seek Commission review of the Director's decision.

One commenter, OCRE, felt that the 15-day period (from the date of

Federal Register Notice) for filing a petition for Commission review of

a Director's decision to grant or deny a certificate, or approve or

disapprove a compliance plan, was too short. OCRE requested that this

15-day period be extended to at least 25 days. It stated that some

commenters, particularly individuals and public interest groups that

depend upon libraries for access to the Federal Register, may not learn

of the Director's decision within 15 days unless the Director's

decision is provided to all commenters on the application for a

certificate.

The Corporation stated that the 15-day period for filing of a

petition for review of a Director's decision to deny a certificate or

not approve a compliance plan was too short and requested at least 30

days to file such a petition. The Corporation also recommended that the

rules provide that a Commission decision denying an application for a

certificate or disapproving a compliance plan must state that it does

not become effective until at least 10 days after the date of the

decision. In support of these recommendations, the Corporation stated

that a denial could have a significant impact on it and may have

potential implications for national and public policy because the

gaseous diffusion plants supply 40 percent of the world market and 90

percent of the domestic market for enriched uranium and are currently

the sole domestic source of enrichment services.

Both the Corporation and OCRE felt that the 10-day period from the

date of filing a petition for review for responding to a petition for

review was too short. The Corporation requested that this 10-day period

for filing responses to a petition for review be extended to 30 days

because of the burden and prejudice that might occur if the Corporation

were faced with multiple petitions.

OCRE requested that this 10-day period for responding to a petition

be lengthened to at least 20 days. To ensure adequate notice to

interested commenters, OCRE requested not only service of the

Director's decision on commenters but also a mechanism for ensuring

that commenters could receive timely notice of a petition for review.

OCRE observed that the cost of requiring a petitioner to serve all

commenters could be prohibitive and suggested a remedy such as a

telephone information line with recorded information on the case or a

computerized bulletin board system.

The Commission recognizes that the time periods for filing of a

petition for Commission review and responding to a petition for review

are relatively short. The Commission's flexibility in the timing of the

certification process is limited, as noted above, because of the need

for an expeditious determination of the application on an annual basis,

including staff review of the application and public comments,

preparation and issuance of the NMSS Director's decision, and

consideration of petitions for review by the Commission.

The Commission will promptly make copies of an application for a

certificate or approval of a compliance plan available in local public

document rooms at or near the gaseous diffusion plants and will issue a

press release at the time the Director's decision is issued. The

Commission also intends to make promptly available copies of all

Federal Register notices relating to the certification process, as well

as petitions for review, and responses to petitions for review at those

locations. In addition, the NRC staff will examine the feasibility of

establishing a computer bulletin board to provide information on the

application's status.

For these reasons, the Commission has not altered the time periods

for filing of petitions for review or responses thereto. However, the

Commission has added Sec. 76.74 to the final rule that clarifies the

computation of designated time periods and confirms the Commission's

ability to extend or shorten time periods for action for good cause.

Therefore, the Commission may be able to provide some extension of the

period for filing of petitions and responses if time permits during the

period of a particular certification process.

The Commission declines to specify by regulation that a decision

denying an application for a certificate or disapproving a compliance

plan must state that it does not become effective until at least 10

days after the date of the decision. The Commission has determined that

binding itself to such a delay would be inappropriate in emergency

circumstances.

Section 76.64 Denial of certificate or compliance plan. This

section states that the Director, NMSS, may deny the Corporation's

application and that the denial will be noticed in the Federal

Register. This section also provides an opportunity for the Corporation

to submit a compliance plan before the denial is issued. It also states

that the Corporation or affected members of the public who have

provided comments on the application may seek the Commission's review

of the Director's decision.

In response to a comment, this section is revised to clarify that

the compliance plan is a DOE document.

Section 76.66 Expiration and termination of certificate. The

Corporation requested that the NRC add a new section to the final rule

which would address expiration and termination of certificates.

The Commission agrees that these provisions are useful. Thus, a

Sec. 76.66 has been added to the final rule. Paragraph (a) clarifies

that ``except as provided in Sec. 76.55 [timely renewal], a certificate

expires at the end of the day, in the month and year stated.''

Paragraph (b) adds a requirement of prompt notice to the Commission

when the Corporation decides to terminate operation of either of the

GDPs and other authorized activities under the certificate. Paragraph

(c) clarifies that the Corporation must terminate operations on or

before the expiration date in the existing certificate if it does not

submit an application for renewal of the certificate.

Section 76.68 Plant changes. This section describes plant or

operational changes by the Corporation permitted without prior

Commission approval. Documentation of these revisions must be submitted

to the NRC. To make other changes would require Commission approval and

would require the Corporation to apply for an amendment of the

certificate under Sec. 76.45.

Several comments were received concerning this section. The

Commonwealth of Kentucky commented that the Corporation should not be

allowed to make changes without modification of their certificate.

Another commenter stated that the section should be preserved as

written and incorporated into 10 CFR Part 70. The Corporation commented

that the proposed section is overly restrictive and should be closely

modeled after 10 CFR 50.59. The Department of Energy (DOE) recommended

changes that would make it consistent with current DOE Orders.

As written, Sec. 76.68 permits changes similar to those permitted

under 10 CFR 50.59 for reactors and provides flexibility that is beyond

that currently provided for in 10 CFR part 70. Because these plants

will not have technical specifications as referenced in 10 CFR 50.59,

the detailed criteria for evaluation of changes permitted without prior

Commission approval are needed in Sec. 76.68. The Commission does not

believe the evaluation provisions are overly restrictive as suggested

by the Corporation and the evaluation provisions are retained.

Comments were also received concerning the requirement that reports

describing changes made under this section be submitted within 90 days

of their adoption. The final rule has been changed to conform with 10

CFR 50.59 and thus requires that the information on changes be

submitted annually or at shorter intervals as specified in the

certificate.

The Commission believes that the clarified final rule will permit

changes that do not decrease safety and still provide the Corporation

flexibility in the operation of the facilities. The Commission has not

deleted this section as requested by one commenter because the

procedures contained in this section ensure that those changes which

are permitted will not be in conflict with any certification

requirements.

Still another comment on Sec. 76.68 requested that the term

``unreviewed safety question'' be defined. The NRC has no objection to

this definition and has added a definition similar to the usage of the

term in 10 CFR 50.59.

A comment from DOE was also adopted that requires the Corporation

to evaluate any as-found conditions that do not agree with the plant's

programs, plans, policies, and operations in accordance with this

section. This comment was adopted to ensure that any exceptions to what

is assumed or understood are evaluated.

Section 76.70 Post-issuance. This section specifies procedures for

amendment, revocation, suspension, or amendment for cause of the

certificate.

The proposed rule provided that the Commission would provide ``the

Corporation and other interested persons with an opportunity to provide

written views to the Commission'' in connection with a proceeding to

amend, revoke, or suspend a certificate of compliance or compliance

plan. The proposed rule also provided that the Commission ``may adopt

by order further procedures for a hearing of the issues before making a

final enforcement decision.''

In its comments, the Corporation requested that participation in

these enforcement actions be limited to persons whose interests may be

``adversely affected'' by the proposed enforcement action. The

Corporation indicates that this change would make public participation

rights more consistent with those applicable to similar enforcement

proceedings for NRC licensees. In particular, the Corporation seeks to

ensure that the NRC would preclude participation in an NRC enforcement

action by persons seeking more stringent enforcement action than is

proposed by the Commission.

The Commission does not believe it is necessary to limit public

participation to those who are adversely affected by the order or the

proceeding. Such a limitation could necessitate substantial or

protracted consideration of whether a person submitting written

comments on a proposed enforcement action was adversely affected. This

would be inefficient and contrary to the intent of providing for an

expeditious, informal resolution of the enforcement action unless such

a procedure is inadequate for determination of the issues. Informal

enforcement procedures that would foster expeditious resolutions are

desirable, wherever sufficient, because a certification process which

also affords opportunities for public participation will be occurring

on an annual basis.

If the Commission determines that more extensive adjudicatory

procedures are necessary in a particular case, it may order use of

further procedures, such as those in 10 CFR part 2, subpart G or

subpart L. In these cases, intervention would depend on the showing of

how a petitioner's interest is affected in accordance with the adopted

procedures.

However, the general procedural description of post-issuance

enforcement action in the proposed rule does not foreclose the

Commission's ability to limit the scope of a proceeding or define the

issues for determination in any enforcement action. For clarity,

Sec. 76.70 has been revised to specify the procedures that would be

followed in an enforcement action in more detail.

First, the final rule makes explicit that the Commission may

institute a proceeding to modify, suspend, or revoke a certificate or

approved compliance plan, or to take other action as appropriate by

service of an order on the Corporation that specifies: The proposed

action; the alleged violations, or potentially hazardous conditions, or

other facts deemed to be sufficient ground for the proposed action; a

reasonable period for submission of a written response to the order and

for submission of written views by interested persons within a

reasonable period after publication of the order in the Federal

Register; issues for resolution if the proposed action is contested;

and the effective date of the order. If the order is made immediately

effective pending further order, the order must include a statement of

reasons for making the proposed action immediately effective.

Second, the final rule clarifies, inter alia, that the Corporation

may promptly request that the Commission set aside the effectiveness of

an immediately effective order, provided that the request specifically

states the reason why the order is not based on adequate evidence and

is accompanied by affidavits or evidence upon which the Corporation

relies. The NRC shall respond within 5 days of the receipt of the

motion.

These details of the procedural process are similar to those which

apply to issuance of orders to licensees under 10 CFR part 2, subpart

B. However, they preserve the provision for informal procedures for

resolution of the action in the absence of a determination that more

extensive procedures are appropriate.

In addition, the final rule adopts a suggestion from DOE that

information submitted under this section by the Corporation be signed

under oath or affirmation.

Section 76.72 Miscellaneous procedural matters. This section

addresses procedures for filing petitions, ruling on matters of

procedure, and communication between Commission and NRC staff.

Additional guidance regarding the filing and service of petitions for

review of the NMSS Director's decision and responses to these petitions

may be included in the Director's decision or by order of the

Commission.

Except for proceedings under 10 CFR part 2, subpart G, for

imposition of a civil penalty resulting from violations of section 206

of the Energy Reorganization Act of 1974, the Commission is not

imposing restrictions on ex parte communications or on the ability of

the NRC staff and the Commission to communicate with one another at any

stage of this regulatory process. The NRC staff would not participate

in a review of the Director's decision as a party but would serve as an

advisor to the Commission. Congress has not required formal

adjudication. The Commission believes that informal processing without

such formal restrictions on communication is best suited for resolution

of annual applications for a certificate.

Section 76.74 Computation of extension of time. This section has

been added to the final rule to specify the duration of designated time

periods and confirm the Commission's ability to extend or shorten time

periods for action for good cause and specifies that additional time

would be granted in the event that a required date falls on a Saturday,

Sunday or legal holiday.

C. Technical Safety Requirements

The major technical safety requirements are found in the following

sections:

Section 76.35 Contents of initial applications. This section

specifies that applications must include a safety analysis report, a

compliance status report which includes environmental and effluent

monitoring data, a quality assurance program description, a description

of the use of radioactive material, a description of the training

program, a nuclear material control and accounting plan, a physical

protection plan for special nuclear material in transit, a plant

physical security plan, an emergency plan, a plan for security facility

approval and protection of classified information and hardware, a

description of the Corporation's response necessary to implement the

International Atomic Energy Agency safeguards agreement, and a

description of the waste treatment and management program.

The Corporation requested a change in format regarding contents of

applications for the purpose of increased clarity regarding the precise

scope of the initial application and of renewal applications. Included

in the proposed restructuring was revision of proposed Sec. 76.35

pertaining to contents of application so as to limit its scope to the

contents of the initial application. The Corporation also recommended

the addition of a new Sec. 76.36 that would present the precise content

of the annual resubmittal.

The NRC agrees that the revised format will add clarity to the

prescribed content of the initial and renewal applications. As a result

of the restructuring, the final rule makes Sec. 76.35 applicable to

initial applications and adds a new Sec. 76.36 applicable to annual

renewal.

The Corporation also recommended an application procedure which

would generally follow the guidance of NRC Regulatory Guide 3.52. These

proposed changes were based on an application which would contain a

``Part I'' comprised of binding certificate ``conditions'' and a ``Part

II'' containing a nonbinding safety demonstration. This restructuring

was not adopted. This decision is based on a recent review of the

Commission's current licensing and oversight programs for fuel cycle

plants1 that indicates the ``Part I/II'' approach will probably be

changed and that safety analysis reports will be required. The

Corporation, in its comments, identified the ``Part II'' safety

demonstration to be functionally equivalent to the safety analysis

report. While this is generally true, with respect to technical

content, the NRC believes that safety analysis reports are preferable

because they provide more rigorous, binding documentation of the basis

for safe operation of a plant. Changes to the safety analysis report

would be permitted only in accordance with Sec. 76.68.

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\1\ Proposed Method for Regulating Major Materials Licensees,

NUREG-1324.

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In publishing the draft 10 CFR part 76, the Commission specifically

requested comments on the appropriateness of requiring the Corporation

to provide financial assurance for the costs associated with

decontamination and decommissioning of the gaseous diffusion plants.

Comments were received favoring both retention and deletion of a

financial assurance requirement. The Corporation commented that DOE was

responsible for decontamination and decommissioning of the gaseous

diffusion plants under the AEA and that the financial assurance

requirements should not apply to the Corporation. DOE, on the other

hand, noted that it is only responsible for decontamination and

decommissioning of pre-existing conditions under the AEA and that the

Corporation will remain responsible for other costs associated with

decontamination and decommissioning, including the costs associated

with disposal of wastes generated during Corporation operation of the

GDPs.

The NRC has determined that the Corporation does have some limited

financial responsibility for decontamination and decommissioning

activities. The Corporation has acknowledged in its comments that,

under its lease with DOE, there is at least one area where it remains

responsible for the costs of decommissioning. Specifically, the

Corporation has acknowledged that it is responsible for any increased

costs for DOE decontamination and decommissioning of the facilities

that arise from removal by the Corporation of capital improvements the

Corporation makes at the facilities. In addition, the terms of the DOE/

Corporation lease provide that the Corporation is to remain financially

responsible, even after return of the GDPs to DOE, for the ultimate

treatment and disposal of wastes generated by the Corporation.

Nevertheless, the NRC has determined that the language in the draft 10

CFR part 76 requiring financial assurance from the Corporation was

written to apply to a broader scope of decontamination and

decommissioning activities than are the Corporation's responsibility.

Accordingly, the final rule has been revised to require that the

Corporation provide financial assurance for only those aspects of the

decontamination and decommissioning costs which are their

responsibility.

Two commenters asked that the Corporation be required to

demonstrate compliance with the applicable provisions of 10 CFR Part 61

which deal with waste classification and waste disposal because these

requirements are essential for the proper handling and disposal of all

wastes at the GDPs. Waste classification is covered under 10 CFR part

20, subpart K; therefore, an additional reference to 10 CFR part 61 is

not needed.

One commenter suggested that a specific license be required if the

Corporation proposes to treat radioactive waste at one plant that was

received from the other plant and that the Corporation be required to

obtain approvals for the treatment from the Central Midwest Interstate

Low-Level Radioactive Waste Commission. Plans for treatment of any

radioactive waste stream by the Corporation are a required part of the

initial application for certification under proposed Sec. 76.35(k). The

certification process, therefore, will include consideration of the

waste stream issue. Under Section 1701 (c)(3) of the AEA, the

certification process is in lieu of any other requirement for a license

for the gaseous diffusion plants leased by the Corporation from the

DOE. Accordingly, no NRC issued specific license addressing the

radioactive waste streams at the DOE gaseous diffusion plants being

leased to the Corporation is required.

DOE suggested that the rule specifically prohibit the Corporation

from transporting special nuclear material of moderate strategic

significance (Category II material) or formula quantities of special

nuclear material (Category I material). These activities are not

contemplated, and this prohibition has been included in the rule.

One commenter suggested that the rule include the requirement for

semiannual reporting of effluents as contained in the Corporation

proposal. Although semiannual reporting is a requirement in 10 CFR part

70, this recommendation was not adopted. Semiannual reporting is

intended for licensees who hold multi-year licenses. The Corporation

will be required to report its annual effluent with the certification

application every year. This is adequate for assessment purposes. There

appears to be no additional benefit in receiving the information on a

semiannual basis.

Section 76.85 Assessment of accidents. This section contains the

requirement for performance of a safety analysis of the potential for

releases of radioactive material from accidents.

Specifically, the rule requires that a safety analysis of the site

activities be performed to evaluate the potential for releases of

radiological material from the existing plants. The analysis should

evaluate expected releases from a reasonable spectrum of postulated

accident scenarios which may occur in the gaseous diffusion plants,

taking into account existing systems in operation, including

procedures, that are intended to mitigate the consequence of any

release. These potential releases, together with operational practices

and site characteristics, including meteorology, are to be used to

evaluate the potential for onsite and offsite radiological

consequences.

The Corporation must provide a level of protection against

accidents during plant operations sufficient to provide adequate

protection of the public health and safety. In assessing the level of

protection provided by the Corporation, the NRC will consider both the

total radiation dose to the whole body and the intake of soluble

uranium for an individual at the site boundary.

Several comments were received concerning the level of protection

against accidents during plant operations sufficient to provide

adequate protection of public health and safety. The Commission

specifically requested comments on the use of safety objectives,

including suggested limiting values with supporting rationale, and

whether or not they should be included as part of the rule. The

Environmental Protection Agency stated that the EPA Protective Guides

(1-5 rem) should be used rather than the criteria discussed in the

proposed rule and that the values should be specified in the

regulation. Several other commenters agreed with this approach. Another

commenter stated that the final standards for accident dose assessment

should be applied equally to all enrichment facilities. The Corporation

objected to the use of any limits in the rule or its accompanying

statements to determine the adequacy of accident analysis results and

indicated that it is well beyond current regulatory practice. DOE

suggested addressing chemically toxic material as well.

The Commission has decided not to include numerical accident limits

in the final rule. The NRC believes that to include a specific

numerical limit in the regulation could be unduly restrictive,

considering that the plants have already been designed and sited and

the uncertainty of health effects for uranium intakes. The NRC staff

contracted with Pacific Northwest Laboratory2 to review the

available literature on uranium toxicity and the results of this review

suggested that the best estimate of a toxicity threshold would be an

intake of 30 milligrams of uranium. In assessing the adequacy of

protection of the public health and safety from potential accidents,

the NRC will consider whether the potential consequences of a

reasonable spectrum of postulated accident scenarios exceed .25 Sv (25

rems), or uranium intakes of 30 milligrams, taking into account the

uncertainties associated with modeling and estimating such

consequences.

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

\2\Fisher, D. R. et al., ``Uranium Hexafluoride Public Risk,''

PNL-10065, August 1994.

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

In considering intakes of soluble uranium, the Commission

recognizes that the chemical toxicity of uranium could be the limiting

factor in the accident analysis under this section. The Commission's

intended use of chemical toxicity considerations in part 76 is

consistent with its practice elsewhere (e.g., 10 CFR 20.1201(e)), and

prevents any potential regulatory gap in public protection against

toxic effects of soluble uranium.

The EPA guidelines of 1-5 rem for offsite protection action

recommendations are appropriate for emergency planning purposes but are

not appropriate for accident analysis.

The final rule requires that a safety analysis of the site

activities be performed to evaluate the potential for releases of

radiological material from the existing plants. The analysis should

evaluate releases from a reasonable spectrum of postulated accident

scenarios which may occur in the gaseous diffusion plants, taking into

account the existing systems in operation, including procedures, that

are intended to mitigate the consequence of any release. These

potential releases, together with operational practices and site

characteristics, including meteorology, are to be used to evaluate the

potential onsite and offsite radiological consequences. Technical

safety requirements will be established to ensure that releases are

unlikely and, in any case, if releases occur they will be within an

acceptable range.

One commenter stated that the NRC would have no mechanism for

enforcement of numerical limits if they are not included in the

standards. The certificate issued by the NRC will include limiting

conditions for operation that will be enforceable.

LES commented that specific natural phenomena and specific accident

dose limits should be applied equally to all enrichment facilities. The

apparent reference for this suggestion was the current NRC review of

their license application for a new uranium enrichment facility.

Another commenter expressed concern that the Paducah plant resides in a

geological rift zone. The NRC will not include specific reference

design assessment values for the existing Corporation facilities, since

these facilities are already sited, but will evaluate consequences of

potential accidents resulting from natural phenomena during review of

the Corporation's safety analysis.

A comment was also received concerning the discussion in the

statement of considerations on the development of guidance on an

integrated safety analysis (ISA) and applicability to the GDPs. The

final rule does not include requirements for an ISA because its

incorporation into the regulatory process is still under NRC staff

review.

Section 76.87 Technical safety requirements. This section

specifies that safety requirements must be included in the application.

Safety topics to be considered are those mainly associated with plant

operations, management controls, and confinement of radioactive

material.

The rule requires the application to include technical safety

requirements derived from the analyses and evaluations in the safety

analysis report. These safety requirements would include safety limits

and limiting control settings within which process variables would be

maintained for adequate control to guard against an uncontrolled

release of radioactivity. The safety requirements would also include

limiting conditions for operation, surveillance requirements, design

features, and administrative controls. The requirements are similar to

operating technical specifications or license conditions applied to

licensed nuclear facilities to assure that operations are controlled as

described in the safety analysis report.

The Corporation requested that the use of the term ``technical

safety requirements'' (TSRs) be changed to ``operational safety

requirements'' (OSRs) as the GDPs have historically operated under OSRs

which are similar to TSRs. The Corporation also suggested a change from

``Safety Analysis Report'' (SAR) to ``Safety Demonstration'' (SD) as

being ``functionally equivalent.'' The Commission prefers the term

``technical safety requirements'' because the requirements may cover

subjects broader than operations, and because existing Corporation

operational requirements include matters beyond NRC jurisdiction.

Similarly, the term ``safety analysis report'' is preferred because it

is a more generally accepted term. Therefore, no change was made to the

rule.

The Corporation also recommended deletion of the list of the 14

safety topics that are to be addressed as being more appropriate for

identifying accidents for analysis. DOE referenced the list of safety

topics as those which must be addressed under assessment of accidents.

The list of topics to be addressed in the technical safety requirements

is included to ensure that operations are controlled within certain

safe parameters under normal, off-normal, and accident conditions.

Therefore, the list has been retained, but the rule has been revised to

clarify that the Corporation must describe the procedures and/or

equipment that reflect consideration of each of the listed safety

topics.

Section 76.93 Quality assurance. This section requires a quality

assurance program. The Commission recognizes that the GDPs are fuel

cycle facilities and that the appropriate quality assurance (QA) for

GDPs is not the same as for reactors. The GDPs are existing plants

designed and constructed around 40 years ago. The QA requirements for

the GDPs will be based on applying the applicable requirements of ASME

NQA-1-1989, ``Quality Assurance Program Requirements for Nuclear

Facilities,'' in a graded approach and to an extent that is

commensurate with the importance to safety.

A Corporation comment agreed with use of ASME NQA-1 as a basis for

a quality assurance program (Sec. 76.93), but expressed concern that

implementation problems could result if NQA-1 is applied in a manner

similar to reactors. The Corporation suggested that the rule should

allow use of equivalent alternatives to NQA-1. If found adequate under

review, the NRC could approve use of an equivalent alternative to NQA-

1, and the final rule has been revised accordingly.

Section 76.95 Training. This section requires a description of the

training program that will be provided to personnel to enable them to

perform the functions of their jobs, including information on the

positions for which training will be provided, to assure that personnel

are qualified to operate and maintain the plants safely and in

compliance with regulatory requirements.

The Corporation strongly recommended that the performance-based

training concept be deleted from the proposed rule and instead require

the Corporation to ``establish, implement and maintain a training

program to assure that personnel are adequately trained to perform

their nuclear-safety related functions.'' They indicated that

development of performance-based training would go well beyond both the

existing requirements of 10 CFR part 70 and current practices at the

GDPs. They further commented that it would subject the Corporation to

the very costly and difficult task of fully implementing a performance-

based training program by the time that it submits its initial

application for a certificate. The Corporation believes the proposed

section will require the GDPs ``to adopt the full performance-based

training concept embodied in part 50'' which uses the Institute of

Nuclear Power Operations (INPO) training methodologies for commercial

power reactor licensees. The Corporation estimates it will cost about

$8 million to fully develop and implement a training program for

selected tasks affecting nuclear safety or radiological controls.

The Commission believes that the performance-based training

requirement should be retained. The Corporation's main concern is that

it might be expected to establish training programs of similar

complexity to those of power reactors, which is not the case. The final

rule allows flexibility, and the Commission believes that the existing

training program inherited by the Corporation can be adapted to comply

with the rule at reasonable cost.

The Commission must be assured that adequate training is provided

and that those persons performing operations that could have an effect

on health and safety have mastery of their operating tasks. Therefore,

the final rule was not changed. The Commission believes that a training

program that includes the concepts of performance-based training

provides that assurance. The Commission also notes that a requirement

for performance-based training has been established for nuclear power

reactors and has been determined to be cost-effective for such

facilities. The Commission does not see any reason to conclude that

this will not also be the case for the enrichment plants.

D. Incorporation of Existing Regulations

Portions of existing Commission regulations are applicable to

certification of the Corporation's operation of the gaseous diffusion

plants and cross referenced (Sec. 76.60).

Requirements for notices, instructions, and reports to workers are

contained in 10 CFR part 19, ``Notices, Instructions, and Reports To

Workers: Inspection and Investigations.'' Part 19 specifies the

requirements for notices, instructions, and reports by the Corporation

to individuals participating in gaseous diffusion activities. It also

sets forth the rights and responsibilities of the Commission and

individuals during interviews on any matter within the Commission's

jurisdiction.

Requirements for protection against ionizing radiation are

contained in 10 CFR part 20, ``Standards For Protection Against

Radiation.'' Part 20 specifies the requirements to control the receipt,

possession, use, storage, transfer, and disposal of byproduct, source,

and special nuclear material by the Corporation in such a manner that

the total dose to an individual (including doses resulting from

radioactive material and from radiation sources other than background

radiation) does not exceed the standards for protection against

radiation prescribed by the NRC for normal operating conditions and

anticipated operational occurrences.

A comment was received indicating that the health of the public is

being placed at risk presently and this policy would continue under the

proposed NRC rules. The NRC standards require that the Corporation must

meet part 20 requirements for protection of workers and the public

against radiation. This includes specific effluent limits that the

Corporation must meet. The Commission believes that the current

requirements of part 20 provide for adequate safety for workers and the

public from radiation effects.

Requirements for reporting of defects and noncompliance are

contained in 10 CFR part 21, ``Reporting of Defects and

Noncompliance.'' Part 21 specifies the procedures and requirements for

persons to notify the Commission immediately of component defects or

failure to comply with regulatory requirements which could create a

substantial safety hazard.

Requirements for fitness-for-duty programs are contained in 10 CFR

part 26, ``Fitness-for-Duty Programs.'' Part 26 prescribes requirements

and standards for the establishment and maintenance of fitness-for-duty

programs to reduce the likelihood of theft or diversion of strategic

special nuclear material. The requirements of this part are relevant

only to the extent that the Corporation elects to engage in activities

which involve formula quantities of strategic special nuclear material.

Requirements for packaging and transportation are contained in 10

CFR part 71, ``Packaging and Transportation of Radioactive Material.''

Part 71 establishes requirements and procedures for packaging,

preparation for shipment, and transportation of radioactive material.

Requirements for physical security and material control and

accounting are contained in 10 CFR part 70, ``Domestic Licensing of

Special Nuclear Material,'' part 73, ``Physical Protection of Plants

and Materials,'' and part 74, ``Material Control and Accounting of

Special Nuclear Material,'' as specified in subpart E to this part.

Subpart E to part 74 identifies the specific sections that establish

the requirements and procedures for transfer, protection at fixed sites

and in transit, and control and accounting of the various enrichments

of U-235 covered under the certification.

Safeguards regulation of special nuclear material is conducted on a

graded basis. The grades reflect the importance of specified kinds and

quantities of material to the public safety and to the common defense

and security. Three grades of material are defined in Commission

regulations. In declining order of importance they are:

(1) Formula quantities of strategic special nuclear material (also

referred to by the shorter phrase ``Category I material'');

(2) Special nuclear material of moderate strategic significance

(Category II), and

(3) Special nuclear material of low strategic significance

(Category III).

The gaseous diffusion plants are to produce only Category III

material, and only the safeguards for that grade of material need apply

to production activities. Nonetheless, the Commission recognizes that

the Corporation may need to or may opt to engage in nonproduction

activities that involve the other categories of material. In the past,

the Portsmouth plant has produced high enriched uranium hexafluoride

(UF6). As a result of this past production, there may be portions

of the plant under lease by the Corporation or to which it will have

access that will continue to have high enriched UF6 fixed to

interior surfaces of process equipment. Additionally, some areas, such

as the analytical laboratory, may continue to have a high enriched

inventory. The Corporation may elect to engage in nonproduction

business activities that involve high enriched UF6. To be

responsive to the full range of possible Corporation activities,

safeguards regulations for all three categories of material are listed

in subpart E and are to be applied in accordance with the categories of

material the Corporation actually uses, possesses, or has access to.

One commenter noted that the referenced requirement of

Sec. 70.51(d) is not consistent with Sec. 74.33(c)(4)(i) [12 months

verses 370 days] in specifying the static inventory frequency for

material control and accounting for uranium. The NRC agrees with this

comment and has revised Sec. 76.117(a) to specify 370 days as the

static inventory frequency for the GDPs. The 370-day period contained

in Sec. 74.33(c)(4)(i) and revised Sec. 76.117(a) provides a full year

with an additional margin of a few days to provide flexibility.

Other comments focus on Secs. 74.15(b)(2), 74.33(c)(2),

74.33(c)(4)(i) and 74.33(c)(6), which are among the various material

control and accounting requirements referenced in Sec. 76.117. The

comments request relief from various aspects of these requirements and

provide rationale in support of the request. The requirements of

Sec. 74.15 and Sec. 74.33 are performance requirements that must be

implemented on a site-specific basis for the fundamental nuclear

material control plans for each site that the Corporation must submit

for NRC approval. The nuclear material control plans must describe how

each requirement will be carried out at each of the two sites. After

approval, the plan will become the principal document that governs

material control and accounting at the site. Because the requirements

are performance requirements rather than prescriptive requirements,

wide latitude exists for achieving appropriate performance for the

overall material control and accounting program. Accordingly, no change

to the proposed regulation was made in response to these specific

comments.

The requirement the Corporation believes has the greatest potential

cost impact is Sec. 74.33(c)(4)(i), which requires enrichment

facilities to conduct periodic inventories of in-process enriched

uranium for safeguards accountability purposes. This inventory consists

of a large quantity of material in gaseous form and a relatively small

quantity of solids. The Corporation requested that the rule require

measurement of material in the gas phase only. The Corporation believes

that, due to the size of the facilities, the relatively small quantity

of solids, and the limitations of instruments in distinguishing between

the solids and the gaseous material, extensive direct measurement of

the solids is not practical and the cost would, in any case, be

prohibitive. The Commission believes that a broad exemption from

measurement of the solids would undermine the well-established domestic

and international safeguards principle requiring strict accountability

of special nuclear material. The Commission further believes that the

rule can be met by methods other than extensive direct measurements,

for example, appropriate sampling and use of previous measurements, at

reasonable cost and, therefore the rule has not been changed.

In the course of reviewing the comments, it was found that

Sec. 70.22(h), which contains requirements for physical security plans

for Category I material, had not been incorporated by reference in

Sec. 76.113 as was intended. That reference has now been incorporated.

The change is for completeness and will affect the Corporation only in

the unlikely event that it elects to operate a Category I plant.

Additionally, it was found that Sec. 73.70 had been unintentionally

incorporated by reference into Sec. 76.117. The reference is not

relevant to Sec. 76.117 and has been deleted.

NRC does not intend to incorporate any additional requirements for

personnel security screening for access to or control over special

nuclear material as contained in 10 CFR part 11, ``Criteria and

Procedures for Determining Eligibility for Access to or Control over

Special Nuclear Material,'' if the Corporation elects to engage in

activities which involve strategic special nuclear material. The

requirements for this separate access program are met by the DOE access

authorization program for the GDPs.

A comment was received indicating that no unrecovered costs should

be incurred by the NRC in conjunction with certification, and a fee

schedule should be included in the rule. All NRC costs associated with

GDP certification are recovered from the Corporation and need not be

covered in this rule. Fees are covered in 10 CFR parts 170 and 171.

Requirements for security facility approval and protection of

classified matter are contained in 10 CFR part 95, ``Security Facility

Approval and Safeguarding of National Security Information and

Restricted Data.'' The Corporation and its contractor personnel will be

considered as authorized by the Commission under Sec. 95.35(a) for

access to classified matter based on their DOE access authorizations.

In addition, the Corporation commented that the proposed

modification to Sec. 95.5 should be deleted because it incorrectly

attempts to incorporate the Corporation, which is not a licensee, under

the definition of a ``licensee.'' This suggested revision was adopted

as ``corporation,'' is covered in Sec. 76.60 and is under the

definition of ``person'' listed in 10 CFR 95.5.

The Corporation requested that Sec. 76.119 be modified to require

examination of 25 percent of the security containers daily on a

rotational basis if the containers are in a controlled access area. The

Corporation also recommended that Sec. 76.119 be modified to

specifically state that 10 CFR 95.37(g), 95.41, 95.43, and parts of

Sec. 95.47 do not apply to the Corporation and to clarify that document

control practices implemented under DOE security oversight may

continue. DOE commented that the rule should include an exception that

the Corporation be permitted to continue using the applicable DOE

procedures and practices when a conflict occurs between NRC

requirements and the DOE documents. The Commission does not accept this

recommendation, because the regulations for protection of classified

matter should be consistent for all regulated organizations. The

provisions of 10 CFR part 95, coupled with an approved security plan

for the protection of classified matter, will contain all of the

applicable requirements for security facility approval and for the

safeguarding of classified matter at the gaseous diffusion plants. The

Commission does not anticipate any significant conflicts with the

previous DOE procedures. However, any conflicts that may be identified

will be resolved on a case-by-case basis.

Security Facility Approval and Safeguarding of National Security

Information and Restricted Data; Minor Conforming Changes

Minor editorial changes are also being made to certain sections of

10 CFR part 95 to clarify that there are unique aspects of uranium

enrichment facilities and operations which handle, store, process,

transport, transmit, and destroy classified matter. Specific changes

include replacing the use of the term ``documents'' with ``matter'' in

order to include the classified equipment and hardware associated with

uranium enrichment plants; more precisely defining ``NRC access

authorizations'' because the Corporation will not be subject to 10 CFR

part 25; and modifying Sec. 95.36 to include participants in other

international agreements.

Section 95.37(a) is also being revised to replace the reference to

classification guidance previously included as Appendix A to part 95.

This guidance is available separately in a more usable form such as

NUREG/BR-0069, Revision 2, ``NRC Classification Guide for National

Security Information Concerning Nuclear Material And Facilities.''

NUREG/BR-0069, which is publicly available, can readily be updated to

promptly reflect Executive Orders that require modifications to the

guidance associated with classification issues. Currently, each NRC

licensee has committed in its approved security plans to using NUREG/BR

0069 instead of relying on 10 CFR part 95, appendix A. Similarly, the

GDPs will be expected to reference more up-to-date classification

guidance such as NUREG/BR-0069 in complying with 10 CFR part 95.

Because NUREG/BR-0069 is a more appropriate reference than 10 CFR part

95, appendix A, this appendix is being deleted and appropriate changes

to Sec. 95.37(a) are being made to reflect the actual use of

alternative NRC classification guidance documents.

Finding of No Significant Environmental Impact: Availability;

Categorical Exclusion

The Commission has determined under the National Environmental

Policy Act (NEPA) of 1969, as amended, and the Commission's regulations

in subpart A of 10 CFR part 51, that this rule is not a major Federal

action significantly affecting the quality of the human environment

and, therefore, an environmental impact statement is not required. The

two plants to be regulated by this rule have already been subject to

evaluation in accordance with NEPA. The Department of Energy has

prepared an environmental impact statement for the gaseous diffusion

plant in Piketon, Ohio,3 and an environmental assessment for the

plant in Paducah, Kentucky.4 The NRC has reviewed those documents,

as well as environmental reports prepared by DOE for both facilities in

1992 and environmental audits prepared by DOE prior to turning

operation of the Facilities over to the Corporation in 1993. The NRC

also conducted extensive site visits. No significant differences in

operations, previously evaluated by DOE, were identified that would

result in current operations having significantly different

environmental effects than those already evaluated in DOE's

environmental reviews. The Commission's certification requirements are

intended to be at least as stringent as the existing requirements

applicable to the two plants which are currently operating and have

been operating for nearly 40 years. The promulgation of a rule

governing these plants, and their subsequent regulation by the NRC,

will not result in any environmental impacts beyond those previously

considered by DOE in its environmental reviews and which currently

exist or would be expected to continue absent NRC regulatory oversight.

The NRC environmental assessment and finding of no significant impact

on which this determination is based are available for inspection at

the NRC Public Document Room, 2120 L Street NW. (Lower Level),

Washington, DC.

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\3\ Final Environmental Impact Statement, Portsmouth Gaseous

Diffusion Plant Site, May 1977, ERDA-1555; Final Environmental

Statement, Portsmouth Gaseous Diffusion Plant Expansion, September

1977, ERDA-1549.

\4\ Final Environmental Impact Assessment Of The Paducah Gaseous

Diffusion Plant Site, August 1982, DOE/EA-0155.

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

Similarly, subsequent certificates of compliance including

amendments, modifications, and renewals issued pursuant to this part

will consist of findings of compliance with 10 CFR part 76. Therefore,

these actions will not result in any significant new environmental

impacts. The regulations require that the Corporation submit

information for use by NRC in preparing an environmental assessment for

certification applications addressing areas where the facilities are

not in compliance with the requirements of part 76. Part 51 of Title 10

of the Code of Federal Regulations is being amended to include a

categorical exclusion for such certification actions pursuant to part

76.

Under its procedures implementing NEPA, the Commission may exclude

from preparation of an environmental impact statement or an

environmental assessment a category of actions which do not

individually or cumulatively have a significant effect on the human

environment and which have been found to have no such effect in NRC

procedures. In this rulemaking, the Commission finds that the issuance,

amendment, modification, and revision of a certificate of compliance

for the Corporation comprise a category of actions which does not

individually or cumulatively have a significant effect on the human

environment. Actions within this category are similar in that they will

be based on a finding by NRC that the Corporation has demonstrated

compliance with the requirements in part 76. After conducting an

environmental assessment for part 76, the Commission made a finding of

no significant environmental impact, and concluded that part 76

requirements, if promulgated, would not allow the enrichment facilities

to operate in such a way as to result in any adverse environmental

effects greater than those which currently exist or would be expected

to continue absent NRC regulatory oversite. Accordingly, a Commission

finding of compliance with the part 76 requirements would not have a

significant effect on the human environment.

Paperwork Reduction Act Statement

The information collection requirements contained in this rule of

limited applicability apply only to a wholly-owned instrumentality of

the United States and affect fewer than 10 respondents. Therefore,

Office of Management and Budget clearance is not required pursuant to

the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

Regulatory Analysis

The Commission has prepared a regulatory analysis on this

regulation. The analysis examines the costs and benefits of the

alternatives considered by the Commission. The analysis is available

for inspection in the NRC Public Document Room, 2120 L Street NW.

(Lower Level), Washington, DC.

Regulatory Flexibility Certification

As required by the Regulatory Flexibility Act of 1980, 5 U.S.C.

605(b), the Commission certifies that this rule will not have a

significant economic impact upon a substantial number of small entities

because it only addresses the Corporation's operation of two existing

plants which do not fall into this category.

Backfit Analysis

The NRC has determined that the backfit rule, 10 CFR 50.109, does

not apply to this rule, and therefore, a backfit analysis is not

required.

List of Subjects

10 CFR Part 19

Criminal penalties, Environmental protection, Nuclear materials,

Nuclear power plants and reactors, Occupational safety and health,

Radiation protection, Reporting and recordkeeping requirements, Sex

discrimination.

10 CFR Part 20

Byproduct material, Criminal penalties, Licensed material, Nuclear

materials, Nuclear power plants and reactors, Occupational safety and

health, Packaging and containers, Radiation protection, Reporting and

recordkeeping requirements, Source material, Special nuclear material,

Waste treatment and disposal.

10 CFR Part 21

Nuclear power plants and reactors, Penalties, Radiation protection,

Reporting and recordkeeping requirements.

10 CFR Part 26

Alcohol abuse, Alcohol testing, Appeals, Chemical testing, Drug

abuse, Drug testing, Employee assistance programs, Fitness for duty,

Management actions, Nuclear power reactors, Protection of information,

Reporting and recordkeeping requirements.

10 CFR Part 51

Administrative practice and procedure, Environmental impact

statement, Nuclear materials, Nuclear power plants and reactors,

Reporting and recordkeeping requirements.

10 CFR Part 70

Criminal penalties, Hazardous materials transportation, Material

control and accounting, Nuclear materials, Packaging and containers,

Radiation protection, Reporting and recordkeeping requirements,

Scientific equipment, Security measures, Special nuclear material.

10 CFR Part 71

Criminal penalties, Hazardous materials transportation, Nuclear

materials, Packaging and containers, Reporting and recordkeeping

requirements.

10 CFR Part 73

Criminal penalties, Hazardous materials transportation, Export,

Import, Nuclear materials, Nuclear power plants and reactors, Reporting

and recordkeeping requirements, Security measures.

10 CFR Part 74

Accounting, Criminal penalties, Hazardous materials transportation,

Material control and accounting, Nuclear materials, Packaging and

containers, Radiation protection, Reporting and recordkeeping

requirements, Scientific equipment, Special nuclear material.

10 CFR Part 76

Certification, Criminal penalties, Radiation protection, Reporting

and recordkeeping requirements, Security measures, Special nuclear

material, Uranium enrichment by gaseous diffusion.

10 CFR Part 95

Classified information, Criminal penalties, Reporting and

recordkeeping requirements, Security measures.

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. 553; the NRC is adopting the

following amendments to 10 CFR parts 19, 20, 21, 26, 51, 70, 71, 73,

74, and 95 and the new 10 CFR part 76.

PART 19--NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS: INSPECTION

AND INVESTIGATIONS

1. The authority citation for part 19 is revised to read as

follows:

Authority: Secs. 53, 63, 81, 103, 104, 161, 186, 68 Stat. 930,

933, 935, 936, 937, 948, 955, as amended, sec. 234, 83 Stat. 444, as

amended, sec. 1701, 106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073,

2093, 2111, 2133, 2134, 2201, 2236, 2282, 2297f); sec. 201, 88 Stat.

1242, as amended (42 U.S.C. 5841); Pub. L. 95-601, sec. 10, 92 Stat.

2951 (42 U.S.C. 5851).

2. Section 19.2 is revised to read as follows:

Sec. 19.2 Scope.

The regulations in this part apply to all persons who receive,

possess, use, or transfer material licensed by the Nuclear Regulatory

Commission pursuant to the regulations in parts 30 through 36, 39, 40,

60, 61, or part 72 of this chapter, including persons licensed to

operate a production or utilization facility pursuant to part 50 of

this chapter, persons licensed to possess power reactor spent fuel in

an independent spent fuel storage installation (ISFSI) pursuant to part

72 of this chapter, and in accordance with 10 CFR 76.60 to persons

required to obtain a certificate of compliance or an approved

compliance plan under part 76 of this chapter. The regulations

regarding interviews of individuals under subpoena apply to all

investigations and inspections within the jurisdiction of the Nuclear

Regulatory Commission other than those involving NRC employees or NRC

contractors. The regulations in this part do not apply to subpoenas

issued pursuant to 10 CFR 2.720.

PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION

3. The authority citation for Part 20 is revised to read as

follows:

Authority: Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68

Stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended, sec. 1701,

106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 2093, 2095, 2111, 2133,

2134, 2201, 2232, 2236, 2297f), secs. 201, as amended, 202, 206, 88

Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

4. Section 20.1002 is revised to read as follows:

Sec. 20.1002 Scope.

The regulations in this part apply to persons licensed by the

Commission to receive, possess, use, transfer, or dispose of byproduct,

source, or special nuclear material or to operate a production or

utilization facility under parts 30 through 36, 39, 40, 50, 60, 61, 70,

or 72 of this chapter, and in accordance with 10 CFR 76.60 to persons

required to obtain a certificate of compliance or an approved

compliance plan under part 76 of this chapter. The limits in this part

do not apply to doses due to background radiation, to exposure of

patients to radiation for the purpose of medical diagnosis or therapy,

or to voluntary participation in medical research programs.

PART 21--REPORTING OF DEFECTS AND NONCOMPLIANCE

5. The authority citation for Part 21 is revised to read as

follows:

Authority: Sec. 161, 68 Stat. 948, as amended, sec. 234, 83

Stat. 444, as amended, sec. 1701, 106 Stat. 2951, 2953 (42 U.S.C.

2201, 2282, 2297f); secs. 201, as amended, 206, 88 Stat. 1242, as

amended, 1246 (42 U.S.C. 5841, 5846).

Section 21.2 also issued under secs. 135, 141, Pub. L. 97-425,

96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).

6. Section 21.2 is amended by adding paragraph (e) to read as

follows:

Sec. 21.2 Scope.

* * * * *

(e) The regulations in this part apply in accordance with 10 CFR

76.60 to each individual, partnership, corporation, or other entity

required to obtain a certificate of compliance or an approved

compliance plan under part 76 of this chapter.

PART 26--FITNESS-FOR-DUTY PROGRAMS

7. The authority citation for Part 26 is revised to read as

follows:

Authority: Secs. 53, 81, 103, 104, 107, 161, 68 Stat. 930, 935,

936, 937, 948, as amended, sec. 1701, 106 Stat. 2951, 2952, 2953 (42

U.S.C. 2073, 2111, 2112, 2133, 2134, 2137, 2201, 2297f); secs. 201,

202, 206, 88 Stat. 1242, 1244, 1246, as amended (42 U.S.C. 5841,

5842, 5846).

8. Section 26.2 is amended by adding paragraph (d) to read as

follows:

Sec. 26.2 Scope.

* * * * *

(d) The regulations in this part apply to the Corporation required

to obtain a certificate of compliance or an approved compliance plan

under part 76 of this chapter only if the Corporation elects to engage

in activities involving formula quantities of strategic special nuclear

material. When applicable, the requirements apply only to the

Corporation and personnel carrying out the activities specified in

Sec. 26.2(a)(1) through (5).

PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC

LICENSING AND RELATED REGULATORY FUNCTIONS

9. The authority citation for Part 51 is revised to read as

follows:

Authority: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106

Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs. 201, as

amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841,

5842).

10. Section 51.22 is amended by adding paragraph (c)(19) to read as

follows:

Sec. 51.22 Criterion for categorical exclusion; identification of

licensing and regulatory actions eligible for categorical exclusion or

otherwise not requiring environmental review.

* * * * *

(c) * * *

(19) Issuance, amendment, modification, or renewal of a certificate

of compliance of gaseous diffusion enrichment facilities pursuant to 10

CFR part 76.

* * * * *

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

11. The authority citation for Part 70 is revised to read as

follows:

Authority: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948,

953, 954, as amended, sec. 234, 83 Stat. 444, as amended, sec. 1701,

106 Stat. 2951, 2952, 2953 (42 U.S.C. 2071, 2073, 2201, 2232, 2233,

2282, 2297f); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242,

as amended, 1244, 1245, 1246, (42 U.S.C. 5841, 5842, 5845, 5846).

Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141,

Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).

Section 70.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.

2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec. 122,

68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec.

57d, Pub. L. 93-377, 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36

and 70.44 also issued under sec. 184, 68 Stat. 954, as amended (42

U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68

Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under

sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).

12. Section 70.1 is amended by revising paragraph (a) and adding

paragraph (d) to read as follows:

Sec. 70.1 Purpose.

(a) Except as provided in paragraphs (c) and (d) of this section,

the regulations of this part establish procedures and criteria for the

issuance of licenses to receive title to, own, acquire, deliver,

receive, possess, use, and transfer special nuclear material; and

establish and provide for the terms and conditions upon which the

Commission will issue such licenses.

* * * * *

(d) As provided in part 76 of this chapter, the regulations of this

part establish procedures and criteria for physical security and

material control and accounting for the issuance of a certificate of

compliance or the approval of a compliance plan.

PART 71--PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL

13. The authority citation for Part 71 is revised to read as

follows:

Authority: Secs. 53, 57, 62, 63, 81, 161, 182, 183, 68 Stat.

930, 932, 933, 935, 948, 953, 954, as amended, sec. 1701, 106 Stat.

2951, 2952, 2953 (42 U.S.C. 2073, 2077, 2092, 2093, 2111, 2201,

2232, 2233, 2297f); secs. 201, as amended, 202, 206, 88 Stat. 1242,

as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

Section 71.97 also issued under sec. 301, Pub. L. 96-295, 94

Stat. 789-790.

14. Section 71.0 is amended by adding paragraph (e) to read as

follows:

Sec. 71.0 Purpose and scope.

* * * * *

(e) The regulations in this part apply to any person required to

obtain a certificate of compliance or an approved compliance plan

pursuant to part 76 of this chapter if the person delivers radioactive

material to a common or contract carrier for transport or transports

the material outside the confines of the person's plant or other

authorized place of use.

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

15. The authority citation for Part 73 is revised to read as

follows:

Authority: Secs. 53, 161, 68 Stat. 930, 948, as amended, sec.

147, 94 Stat. 780 (42 U.S.C. 2073, 2167, 2201); sec. 201, as

amended, 204, 88 Stat. 1242, as amended, 1245, sec. 1701, 106 Stat.

2951, 2952, 2953 (42 U.S.C. 5841, 5844, 2297f).

Section 73.1 also issued under secs. 135, 141, Pub. L. 97-425,

96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 73.37(f) also

issued under sec. 301, Pub. L. 96-295, 94 Stat. 789 (42 U.S.C. 5841

note). Section 73.57 is issued under sec. 606, Pub. L. 99-399, 100

Stat. 876 (42 U.S.C. 2169).

16. Section 73.1 is amended by adding paragraph (b)(9) to read as

follows:

Sec. 73.1 Purpose and scope.

* * * * *

(b) * * *

(9) As provided in part 76 of this chapter, the regulations of this

part establish procedures and criteria for physical security for the

issuance of a certificate of compliance or the approval of a compliance

plan.

PART 74--MATERIAL CONTROL AND ACCOUNTING OF SPECIAL NUCLEAR

MATERIAL

17. The authority citation for Part 74 is revised to read as

follows:

Authority: Secs. 53, 57, 161, 182, 183, 68 Stat. 930, 932, 948,

953, 954, as amended, sec. 234, 83 Stat. 444, as amended, sec. 1701,

106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 2077, 2201, 2232, 2233,

2282, 2297f); secs. 201, as amended, 202, 206, 88 Stat. 1242, as

amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

18. Section 74.2 is amended by adding paragraph (d) to read as

follows:

Sec. 74.2 Scope.

* * * * *

(d) As provided in part 76 of this chapter, the regulations of this

part establish procedures and criteria for material control and

accounting for the issuance of a certificate of compliance or the

approval of a compliance plan.

19. A new part 76 is added to 10 CFR Chapter I to read as follows:

PART 76--CERTIFICATION OF GASEOUS DIFFUSION PLANTS

Subpart A--General Provisions

Sec.

76.1 Purpose.

76.2 Scope.

76.4 Definitions.

76.5 Communications.

76.6 Interpretations.

76.7 Employee protection.

76.8 Information collection requirements: OMB approval not

required.

76.9 Completeness and accuracy of information.

76.10 Deliberate misconduct.

76.21 Certificate required.

76.23 Specific exemptions.

Subpart B--Application

76.31 Annual application requirement.

76.33 Application procedures.

76.35 Contents of initial application.

76.36 Annual renewals.

76.37 Federal Register notice.

76.39 Public meeting.

76.41 Record underlying decisions.

76.43 Annual date for decision.

76.45 Application for amendment of certificate.

Subpart C--Certification

76.51 Conditions of certification.

76.53 Consultation with Environmental Protection Agency.

76.55 Timely renewal.

76.60 Regulatory requirements which apply.

76.62 Issuance of certificate and/or approval of compliance plan.

76.64 Denial of certificate or compliance plan.

76.65 Inalienability of certificates.

76.66 Expiration and termination of certificates.

76.68 Plant changes.

76.70 Post issuance.

76.72 Miscellaneous procedural matters.

76.74 Computation and extension of time.

76.76 Backfitting.

Subpart D--Safety

76.81 Authorized use of radioactive material.

76.83 Transfer of radioactive material.

76.85 Assessment of accidents.

76.87 Technical safety requirements.

76.89 Criticality accident requirements.

76.91 Emergency planning.

76.93 Quality assurance.

76.95 Training.

Subpart E--Safeguards and Security

76.111 Physical security, material control and accounting, and

protection of certain information.

76.113 Formula quantities of strategic special nuclear material--

Category I.

76.115 Special nuclear material of moderate strategic

significance--Category II.

76.117 Special nuclear material of low strategic significance--

Category III.

76.119 Security facility approval and safeguarding of National

Security Information and Restricted Data.

Subpart F--Reports and Inspections

76.120 Reporting requirements.

76.121 Inspections.

76.123 Tests.

Subpart G--Enforcement

76.131 Violations.

76.133 Criminal penalties.

Authority: Secs. 161, 68 Stat. 948, as amended, secs. 1312,

1701, 106 Stat. 2932, 2951, 2952, 2953 (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. 76.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.

2951 (42 U.S.C. 5851). Sec. 76.35(j) also issued under sec. 122, 68

Stat. 939 (42 U.S.C. 2152).

Subpart A--General Provisions

Sec. 76.1 Purpose.

(a) This part establishes requirements that will govern the

operation of those portions of the Portsmouth and Paducah Gaseous

Diffusion Plants located in Piketon, Ohio, and Paducah, Kentucky,

respectively, that are leased by the United States Enrichment

Corporation. These requirements are promulgated to protect the public

health and safety from radiological hazards and provide for the common

defense and security. This part also establishes the certification

process that will be used to ensure compliance with the established

requirements.

(b) The regulations contained in this part are issued pursuant to

the Atomic Energy Act of 1954, as amended (68 Stat. 919); Title II of

the Energy Reorganization Act of 1974, as amended (88 Stat. 1242); and

Titles IX and XI of the Energy Policy Act of 1992 (106 Stat. 2923,

2951).

Sec. 76.2 Scope.

The regulations in this part apply only to those portions of the

Portsmouth and Paducah Gaseous Diffusion Plants leased by the

Corporation, per the Lease Agreement between the Department of Energy

and the United States Enrichment Corporation. This part also gives

notice to all persons who knowingly provide to the Corporation or any

contractor, or subcontractor any components, equipment, materials, or

other goods or services that relate to the activities subject to this

part that they may be individually subject to NRC enforcement action

for violation of Sec. 76.10.

Sec. 76.4 Definitions.

As used in this part:

Act means the Atomic Energy Act of 1954 (68 Stat 919), and includes

any amendments to the Act.

Administrative controls means the provisions relating to

organization and management, procedures, recordkeeping, review and

audit, and reporting necessary to ensure operation of the plant in a

safe manner.

Agreement State means any State with which the Commission has

entered into an effective agreement under subsection 274b. of the Act.

Non-Agreement State means any other State.

Alert means events may occur, are in progress, or have occurred

that could lead to a release of radioactive material[s] but that the

release is not expected to require a response by an offsite response

organization to protect persons offsite.

Atomic energy means all forms of energy released in the course of

nuclear fission or nuclear transformation.

Certificate of compliance or certificate means a certificate of

compliance issued pursuant to this part.

Classified matter means documents or material revealing classified

information.

Commission means the Nuclear Regulatory Commission or its duly

authorized representatives.

Common defense and security means the common defense and security

of the United States.

Compliance plan means a plan for achieving compliance approved

pursuant to this part.

Corporation means the United States Enrichment Corporation (USEC),

a Corporation that is authorized by statute to lease the gaseous

diffusion enrichment plants in Paducah, Kentucky, and Piketon, Ohio,

from the Department of Energy, or any person authorized to operate one

or both of the gaseous diffusion plants pursuant to a plan for the

privatization of USEC that is approved by the President in accordance

with Sections 1501 and 1502 of the Atomic Energy Act of 1954, as

amended.

Department and Department of Energy (DOE) means the Department of

Energy established by the Department of Energy Organization Act (Pub.

L. 95-91, 91 Stat. 565, 42 U.S.C. 7101 et seq.), to the extent that the

Department, or its duly authorized representatives, exercises functions

formerly vested in the U.S. Atomic Energy Commission, its Chairman,

members, officers and components and transferred to the U.S. Energy

Research and Development Administration and to the Administrator

thereof pursuant to Sections 104(b), (c), and (d) of the Energy

Reorganization Act of 1974, as amended, (Pub. L. 93-438, 88 Stat. 1233

at 1237, 42 U.S.C. 5814) and retransferred to the Secretary of Energy

pursuant to Section 301(a) of the Department of Energy Organization Act

(Pub. L. 95-91, 91 Stat. 565 at 577-578, 42 U.S.C. 7151).

Depleted uranium means the byproduct residues from the uranium

enrichment process in which the concentration of the isotope U235

is less than that occurring in natural uranium.

Director means the Director, or his or her designee, of the Office

of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory

Commission.

Effective dose equivalent means the sum of the products of the dose

equivalent to the body organ or tissue and the weighting factors

applicable to each of the body organs or tissues that are irradiated,

as defined in 10 CFR Part 20 (Secs. 20.1001 through 20.2402).

Effective kilograms of special nuclear material means:

(1) For uranium with an enrichment in the isotope U-235 of 0.01 (1

percent) and above, its element weight in kilograms multiplied by the

square of its enrichment expressed as a decimal weight fraction; and

(2) For uranium with an enrichment in the isotope U-235 below 0.01

(1 percent), its element weight in kilograms multiplied by 0.0001.

Formula quantity means strategic special nuclear material in any

combination in a quantity of 5000 grams or more computed by the

formula, grams = (grams contained U-235) + 2.5(grams U-233+grams

plutonium).

Lease Agreement means the agreement entered into as of July 1,

1993, and any subsequent revisions between the United States Department

of Energy and the United States Enrichment Corporation.

Limiting conditions for operation means the lowest functional

capability or performance levels of structures, systems, components,

and their support systems required for normal safe operation of the

plant.

Limiting control settings means settings for automatic alarm or

protective devices related to those variables having significant safety

functions.

National Security Information means information that has been

determined pursuant to Executive Order 12356 or any predecessor order

to require protection against unauthorized disclosure and that is so

designated.

Person means:

(1) Any individual, corporation, partnership, firm, association,

trust, estate, public or private institution, group, Government Agency

other than the Commission or the Department, except that the Department

shall be considered a person within the meaning of the regulations in

this part to the extent that its facilities and activities are subject

to the licensing and related regulatory authority of the Commission

pursuant to Section 202 of the Energy Reorganization Act of 1974, as

amended, (88 Stat. 1244); any State or any political subdivision of or

any political entity within a State, any foreign government or nation

or any political subdivision of any such government or nation, or other

entity; and

(2) Any legal successor, representative, agent, or agency of the

foregoing.

Process means a series of actions that achieves an end or result.

Produce, when used in relation to special nuclear material, means:

(1) To manufacture, make, produce, or refine special nuclear

material;

(2) To separate special nuclear material from other substances in

which such material may be contained; or

(3) To make or to produce new special nuclear material.

Radioactive material means source material, special nuclear

material, or byproduct material, possessed, used, transferred, or

disposed of under part 76.

Restricted Data means all data concerning design, manufacture or

utilization of atomic weapons, the production of special nuclear

material, or the use of special nuclear material in the production of

energy, but does not include data declassified or removed from the

Restricted Data category pursuant to Section 142 of the Act.

Safety limits means those bounds within which the process variables

must be maintained for adequate control of the operation and that must

not be exceeded in order to protect the integrity of the physical

system that is designed to guard against the uncontrolled release of

radioactivity.

Sealed source means any radioactive material that is encased in a

capsule designed to prevent leakage or escape of the radioactive

material.

Security facility approval means that a determination has been made

by the NRC that a facility is eligible to use, process, store,

reproduce, transmit, or handle classified matter.

Site area emergency means events may occur, are in progress, or

have occurred that could lead to a significant release of radioactive

material and that could require a response by offsite response

organizations to protect persons offsite.

Source material means source material as defined in Section 11z. of

the Act and in the regulations contained in part 40 of this chapter.

Special nuclear material means:

(1) Plutonium, uranium 233, uranium enriched in the isotope 233 or

in the isotope 235, and any other material which the Commission,

pursuant to the provisions of Section 51 of the Act, determines to be

special nuclear material, but does not include source material; or

(2) Any material artificially enriched in any of the foregoing, but

does not include source material.

Special nuclear material of low strategic significance means:

(1) Less than an amount of special nuclear material of moderate

strategic significance, as defined in this section, but more than 15

grams of uranium-235 (contained in uranium enriched to 20 percent or

more in the U-235 isotope), or 15 grams of uranium-233, or 15 grams of

plutonium, or the combination of 15 grams when computed by the

equation, grams = (grams contained U-235) + (grams plutonium) + (grams

U-233); or

(2) Less than 10,000 grams but more than 1000 grams of uranium-235

(contained in uranium enriched to 10 percent or more but less than 20

percent in the U-235 isotope), or

(3) 10,000 grams or more of uranium-235 (contained in uranium

enriched above natural but less than 10 percent in the U-235 isotope).

Special nuclear material of moderate strategic significance means:

(1) Less than a formula quantity of strategic special nuclear

material but more than 1000 grams of uranium-235 (contained in uranium

enriched to 20 percent or more in the U-235 isotope), or more than 500

grams of uranium-233 or plutonium, or in a combined quantity of more

than 1000 grams when computed by the equation, grams = (grams contained

U-235) + 2 (grams U-233 + grams plutonium); or

(2) 10,000 grams or more of uranium-235 (contained in uranium

enriched to 10 percent or more but less than 20 percent in the U-235

isotope).

Special nuclear material scrap means the various forms of special

nuclear material generated during chemical and mechanical processing,

other than recycle material and normal process intermediates, which are

unsuitable for use in their present form, but all or part of which will

be used after further processing.

Strategic special nuclear material means uranium-235 (contained in

uranium enriched to 20 percent or more in the U-235 isotope), uranium-

233, or plutonium.

Surveillance requirements means requirements relating to test,

calibration, or inspection to ensure that the necessary quality of

systems and components is maintained, that plant operation will be

within the safety limits, and that the limiting conditions of operation

will be met.

Unclassified Controlled Nuclear Information is information whose

unauthorized dissemination is prohibited under Section 148 of the

Atomic Energy Act.

United States, when used in a geographical sense, includes Puerto

Rico and all territories and possessions of the United States.

Unreviewed safety question means a change which involves any of the

following:

(1) The probability of occurrence or the consequences of an

accident or malfunction of equipment important to safety previously

evaluated in the safety analysis report may be increased;

(2) A possibility for an accident or malfunction of a different

type than any evaluated previously in the safety analysis report may be

created; or

(3) The margin of safety as defined in the basis for any technical

safety requirement is reduced.

Uranium enrichment plant means:

(1) Any plant used for separating the isotopes of uranium or

enriching uranium in the isotope 235, using gaseous diffusion

technology; or

(2) Any equipment or device, or important component part especially

designed for such equipment or device, capable of separating the

isotopes of uranium or enriching uranium in the isotope 235, using

gaseous diffusion technology.

Sec. 76.5 Communications.

Except where otherwise specified, all correspondence, reports,

applications, and other written communications submitted pursuant to 10

CFR part 76 should be addressed to the Director, Office of Nuclear

Material Safety and Safeguards, ATTN: Document Control Desk, U.S.

Nuclear Regulatory Commission, Washington, DC 20555-0001, and copies

sent to the NRC Region III Office (shown in appendix D of part 20 of

this chapter) and the applicable Resident Inspector. Communications and

reports may be delivered in person at the Commission's offices at 11555

Rockville Pike, Rockville, Maryland, or at the NRC Public Document Room

2120 L Street, NW. (Lower Level), Washington DC.

Sec. 76.6 Interpretations.

Except as specifically authorized by the Commission in writing, no

interpretation of the meaning of the regulations in this part by any

officer or employee of the Commission other than a written

interpretation by the General Counsel will be recognized to be binding

upon the Commission.

Sec. 76.7 Employee protection.

(a) Discrimination by the Corporation, a contractor, or a

subcontractor of the Corporation against an employee for engaging in

certain protected activities is prohibited. Discrimination includes

discharge and other actions that relate to compensation, terms,

conditions, or privileges of employment. The protected activities are

established in Section 211 of the Energy Reorganization Act of 1974, as

amended, and in general are related to the administration or

enforcement of a requirement imposed under the Atomic Energy Act or the

Energy Reorganization Act.

(1) The protected activities include but are not limited to:

(i) Providing the Commission or his or her employer information

about alleged violations of either of the above statutes or possible

violations of requirements imposed under either of the above statutes;

(ii) Refusing to engage in any practice made unlawful under either

of the above statutes or under these requirements if the employee has

identified the alleged illegality to the employer;

(iii) Requesting the Commission to institute action against his or

her employer for the administration or enforcement of these

requirements;

(iv) Testifying in any Commission proceeding, or before Congress,

or at any Federal or State proceeding regarding any provision (or

proposed provision) of either of the above statutes; and

(v) Assisting or participating in, or attempting to assist or

participate in, the protected activities.

(2) These activities are protected even if no formal proceeding is

actually initiated as a result of the employee assistance or

participation.

(3) This section has no application to any employee alleging

discrimination prohibited by this section who, acting without direction

from his or her employer (or the employer's agent), deliberately causes

a violation of any requirement of the Energy Reorganization Act of

1974, as amended, or the Atomic Energy Act of 1954, as amended.

(b) Any employee who believes that he or she has been discharged or

otherwise discriminated against by any person for engaging in protected

activities specified in paragraph (a)(1) of this section may seek a

remedy for the discharge or discrimination through an administrative

proceeding in the Department of Labor. The administrative proceeding

must be initiated within 180 days after an alleged violation occurs by

filing a complaint alleging the violation with the Department of Labor,

Employment Standards Administration, Wage and Hour Division. The

Department of Labor may order reinstatement, back pay, and compensatory

damages.

(c) A violation of paragraphs (a), (e), or (f) of this section by

the Corporation, or a contractor or subcontractor of the Corporation

may be grounds for:

(1) Denial, revocation, or suspension of the certificate.

(2) Other enforcement action.

(d) Actions taken by an employer or others which adversely affect

an employee may be predicated upon nondiscrimination grounds. The

prohibition applies when the adverse action occurs because the employee

has engaged in protected activities. An employee's engagement in

protected activities does not automatically render him or her immune

from discharge or discipline for legitimate reasons or from adverse

action dictated by nonprohibited considerations.

(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 not later than the date of

Director's decision on the initial certificate of compliance and/or an

initial plan for achieving compliance, during the term of the

certificate, and for 30 days following certificate termination.

(2) The Corporation shall notify its contractors of the prohibition

against discrimination for engaging in protected activities.

(3) Copies of NRC Form 3 may be obtained by writing to the NRC

Region III Office listed in appendix D to part 20 of this chapter or by

contacting the NRC Office of Information Resource Management, Division

of Information Support Services, Information and Records Management

Branch.

(f) No agreement affecting the compensation, terms, conditions, or

privileges of employment, including an agreement to settle a complaint

filed by an employee with the Department of Labor pursuant to Section

211 of the Energy Reorganization Act of 1974, as amended, may contain

any provision which would prohibit, restrict, or otherwise discourage

an employee from participating in protected activity as defined in

paragraph (a)(1) of this section including, but not limited to,

providing information to the NRC or to his or her employer on potential

violations or other matters within NRC's regulatory responsibilities.

Sec. 76.8 Information collection requirements: OMB approval not

required.

The information collection requirements contained in this part of

limited applicability apply to a wholly-owned instrumentality of the

United States and affect fewer than ten respondents. Therefore, Office

of Management and Budget clearance is not required pursuant to the

Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

Sec. 76.9 Completeness and accuracy of information.

(a) Information provided to the Commission or information required

by statute or by the Commission's rules, regulations, standards,

orders, or other conditions to be maintained by the Corporation must be

complete and accurate in all material respects.

(b) The Corporation shall notify the Commission of information

identified as having for the regulated activity a significant

implication for public health and safety or common defense and

security. The Corporation violates this paragraph only if the

Corporation fails to notify the Commission of information that the

Corporation has identified as having a significant implication for

public health and safety or common defense and security. Notification

must be provided to the Administrator of NRC's Region III Office within

2 working days of identifying the information. This requirement is not

applicable to information which is already required to be provided to

the Commission by other reporting or updating requirements.

(c) Paragraph (b) of this section does not apply until the initial

certification application is submitted pursuant to Sec. 76.31.

Sec. 76.10 Deliberate misconduct.

(a) The Corporation or any employee of the Corporation and any

contractor (including a supplier or consultant), subcontractor, or any

employee of a contractor or subcontractor, who knowingly provides to

the Corporation, or any contractor or subcontractor, components,

equipment, materials, or other goods or services, that relate to the

Corporation's activities subject to this part; may not:

(1) Engage in deliberate misconduct that causes or, but for

detection, would have caused, the Corporation to be in violation of any

rule, regulation, or order, or any term, condition, or limitation of a

certificate or approval issued by the Commission; or

(2) Deliberately submit to the NRC, the Corporation, or its

contractor or subcontractor, information that the person submitting the

information knows to be incomplete or inaccurate in some respect

material to the NRC.

(b) A person who violates paragraph (a)(1) or (a)(2) of this

section may be subject to enforcement action in accordance with the

procedures in 10 CFR part 2, subpart B; except, that the Corporation is

not subject to the authority of Section 234 of the Act.

(c) For purposes of paragraph (a)(1) of this section, deliberate

misconduct by a person means an intentional act or omission that the

person knows:

(1) Would cause the Corporation to be in violation of any rule,

regulation, or order, or any term, condition, or limitation of a

certificate or approved compliance plan issued by the Director; or

(2) Constitutes a violation of a requirement, procedure,

instruction, contract, purchase order or policy of the Corporation,

contractor, or subcontractor.

Sec. 76.21 Certificate required.

(a) After the Commission completes the initial certification

process, 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 pursuant to this part. Except as authorized by the

NRC under other provisions of this chapter, no person other than the

Corporation or its contractors may acquire, deliver, receive, possess,

use, or transfer radioactive material at the gaseous diffusion plants

at Piketon, Ohio, and Paducah, Kentucky.

(b) For the purposes of Secs. 30.41, 40.41, and 70.42 of this

chapter, the Corporation shall be authorized to receive, and licensees

shall be authorized to transfer to the Corporation, byproduct material,

source material, or special nuclear material to the extent permitted

under the certificate of compliance issued, and/or the compliance plan

approved, pursuant to this part.

Sec. 76.23 Specific exemptions.

The Commission may, upon its own initiative or upon application of

the Corporation, grant such exemptions from the requirements of the

certification regulations as it determines are authorized by law and

will not endanger life, or property, or the common defense and

security, and are otherwise in the public interest.

Subpart B--Application

Sec. 76.31 Annual application requirement.

The Corporation shall file an initial certificate application in

19951, and thereafter, the Corporation shall apply to the

Commission each year on or before April 15, for a certificate of

compliance in accordance with Sec. 76.36.

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\1\The initial filing for a certificate of compliance must be

tendered no later than 6 months after the effective date of this

rule or by April 15, 1995, whichever is later.

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Sec. 76.33 Application procedures.

(a) Filing requirements. (1) An application for an initial

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 of this

part.

(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, it shall indicate the State where it was

incorporated or organized, the location of the principal office, the

names, addresses, and citizenship of its principal office, the names,

addresses, and citizenship of its principal officers, and shall include

information known to the applicant 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 an initial 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 prior to filing an initial application.

(d) Additional information. At any time during the review of an

initial application, the Corporation may be required to supply

additional information to the Commission's staff in order 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. An initial application which contains

Restricted Data, National Security Information, Safeguards Information,

Unclassified Controlled Nuclear Information, proprietary data, or other

withholdable information, must be prepared in such a manner that all

such information or data are separated from the information to be made

available to the public.

Sec. 76.35 Contents of initial application.

The application for an initial certificate of compliance must

include the information identified in this section.

(a) A safety analysis report which must include the following

information:

(1) The activities and locations involving special nuclear material

and the general plan for carrying out these activities;

(2) The name, amount, and specifications (including the chemical

and physical form and, where applicable, isotopic content) of the

special nuclear material, source and byproduct material the Corporation

proposes to use, possess or produce, including any material held up in

equipment from previous operations;

(3) The qualifications requirements, including training and

experience, of the Corporation's management organization and key

individuals responsible for safety in accordance with the regulations

in this chapter;

(4) An assessment of accidents based on the requirements of

Sec. 76.85;

(5) A training program that meets the requirements of Sec. 76.95;

(6) A description of equipment and facilities which will be used by

the Corporation to protect health and minimize danger to life or

property (such as handling devices, working areas, shields, measuring

and monitoring instruments, devices for the treatment and disposal of

radioactive effluent and wastes, storage facilities, provisions for

protection against natural phenomena, fire protection systems,

criticality accident alarm systems, etc.);

(7) A description of the management controls and oversight program

to ensure that activities directly relevant to nuclear safety and

safeguards and security are conducted in an appropriately controlled

manner that ensures protection of employee and public health and safety

and protection of the national security interests; and

(8) A description of the plant site, and a description of the

principal structures, systems, and components of the plant.

(b) A plan prepared and approved by DOE for achieving compliance

with respect to any areas of noncompliance with the NRC's regulations

that are identified by the Corporation as of the date of the

application that includes:

(1) A description of the areas of noncompliance;

(2) A plan of actions and schedules for achieving compliance; and

(3) A justification for continued operation with adequate safety

and safeguards.

(c) Any relevant information concerning deviations from the

published Environmental Impact Statement, Environmental Assessments, or

environmental permits under which the plants currently operate from

which the Commission can prepare an environmental assessment related to

the compliance plan.

(d) A quality assurance program that meets the requirements of

Sec. 76.93.

(e) Technical safety requirements in accordance with Sec. 76.87. A

summary statement of the bases or reasons for the requirements, other

than those covering administrative controls, must also be included in

the application, but will not be considered part of the technical

safety requirements.

(f) An emergency plan that meets the requirements of Sec. 76.91.

(g) A compliance status report that includes the status of various

State, local and Federal permits, licenses, approvals, and other

entitlements, as described in Sec. 51.45(d) of this chapter. The report

must include environmental and effluent monitoring data.

(h) A fundamental nuclear material control plan which describes the

measures used to control and account for special nuclear material that

the Corporation uses, possesses, or has access to. The plan must

describe, as appropriate:

(1) How formula quantities of strategic special nuclear material

will be controlled and accounted for in accordance with the relevant

requirements of subpart E;

(2) How special nuclear material of moderate strategic significance

will be controlled and accounted for in accordance with the relevant

requirements of subpart E; and

(3) How special nuclear material of low strategic significance will

be controlled and accounted for in accordance with the relevant

requirements of subpart E.

(i) A transportation protection plan which describes the measures

used to protect shipments of special nuclear material of low strategic

significance in accordance with the relevant requirements of subpart E

when in transit offsite.

(j) A physical protection plan which describes the measures used to

protect special nuclear material that the Corporation uses, possesses,

or has access to at fixed sites. The plan must describe, as

appropriate:

(1) How formula quantities of special nuclear material will be

protected against both theft and radiological sabotage in accordance

with the relevant requirements of subpart E;

(2) How special nuclear material of moderate strategic significance

will be protected in accordance with the relevant requirements of

subpart E;

(3) How special nuclear material of low strategic significance will

be protected in accordance with the relevant requirements of subpart E;

and

(4) The measures used to protect special nuclear material while in

transit between protected areas, all of which are located on a single

fixed site under the control of the applicant. The level of protection

afforded the material while in transit may not be less than that

afforded the same material while it was within the protected area from

which transit began.

(k) A plan describing the facility's proposed security procedures

and controls as set forth in Sec. 95.15(b) of this chapter for

protection of classified matter.

(l) In response to a written request by the Commission, the

Corporation shall file with the Commission the installation information

described in Sec. 75.11 of this chapter on Form N-71. The Corporation

shall also permit verification of this installation information by the

International Atomic Energy Agency and take any other action necessary

to implement the US/IAEA Safeguards Agreement, as set forth in part 75

of this chapter.

(m) A description of the program, as appropriate, for processing,

management, and disposal of mixed and radioactive wastes and depleted

uranium generated by operations. This description must be limited to

processing, management, and disposal activities conducted during

operation of the facilities while under lease to the Corporation. The

application must also include a description of the waste streams

generated by enrichment operations, annual volumes of depleted uranium

and waste expected, identification of radioisotopes contained in the

waste, physical and chemical forms of the depleted uranium and waste,

plans for managing the depleted uranium and waste, and plans for

ultimate disposition of the waste and depleted uranium before turnover

of the facilities to the Department of Energy under the terms of the

lease agreement between the United States Enrichment Corporation and

the Department.

(n) A description of the funding program to be established to

ensure that funds will be set aside and available for those aspects of

the ultimate disposal of waste and depleted uranium, decontamination

and decommissioning, relating to the gaseous diffusion plants leased to

the Corporation by the Department of Energy, which are the financial

responsibility of the Corporation. The Corporation shall establish

financial surety arrangements to ensure that sufficient funds will be

available for the ultimate disposal of waste and depleted uranium, and

decontamination and decommissioning activities which are the financial

responsibility of the Corporation. The funding mechanism, such as

prepayment, surety, insurance, or external sinking fund, must ensure

availability of funds for any activities which are required to be

completed both before or after the return of the gaseous diffusion

facilities to the Department of Energy in accordance with the lease

between the Department and the Corporation. The funding program must

contain a basis for cost estimates used to establish funding levels and

must contain means of adjusting cost estimates and associated funding

levels over the duration of the lease. The funding program need not

address funding for those aspects of decontamination and

decommissioning of the gaseous diffusion plants assigned to the

Department of Energy under the Atomic Energy Act of 1954, as amended.

The Corporation should address the adequacy of the financing mechanism

selected in its annual application for certification.

Sec. 76.36 Annual renewals.

(a) After issuance by the Commission of the initial certificate of

compliance and/or an approved compliance plan, the Corporation shall

file an annual application for renewal, as required by Sec. 76.31.

(b) Information contained in previous applications, statements, or

reports filed with the Commission may be referenced as part of the

application, provided that the reference is clear and specific.

(c) An application for renewal is subject to the requirements in

Sec. 76.33 and must contain the following information:

(1) The information specified in Sec. 76.35; or,

(2) A statement by the Corporation that the NRC may rely upon the

information provided in the previous application(s) upon which the

existing certificate is based, except for:

(i) Any proposed changes in the existing certificate of compliance

conditions or technical safety requirements;

(ii) Any proposed changes to the documents submitted with the

previous application in accordance with Sec. 76.35;

(iii) Any changes which the Corporation has made without prior NRC

approval pursuant to Sec. 76.68; and,

(iv) Any changes to certificate conditions or technical safety

requirements for which the Corporation has sought and received

Commission approval pursuant to Sec. 76.45.

(d) The changes which are submitted as part of an application for

renewal in accordance with paragraph (c)(2) of this section, must be in

th

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