[Federal Register Volume 59, Number 29 (Friday, February 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3050]


[[Page Unknown]]

[Federal Register: February 11, 1994]


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Part V





Nuclear Regulatory Commission





_______________________________________________________________________



10 CFR Part 19, et al.




Certification of Gaseous Diffusion Plants; Proposed Rule
NUCLEAR REGULATORY COMMISSION

10 CFR Parts 19, 20, 21, 26, 51, 70, 71, 73, 74, 76 and 95

RIN 3150-AE62

 
Certification of Gaseous Diffusion Plants

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its regulations to add a new part that would include the requirements 
for certification and operation of the U.S. Department of Energy (DOE) 
owned gaseous diffusion plants that enrich uranium. These proposed 
regulations would protect the public health and safety from 
radiological hazards and would provide for the common defense and 
security, including adequate safeguards, in all uranium enrichment 
activities of the United States Enrichment Corporation (USEC) in its 
operation of the two gaseous diffusion plants that USEC is leasing from 
the DOE. These two plants are located in Paducah, Kentucky, and 
Portsmouth, Ohio. In addition to the proposed new part, a number of 
conforming amendments are also being proposed to NRC's Regulations.

DATES: Submit comments by April 12, 1994. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to assure consideration only for comments received on or before 
this date.

ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC, 20555. ATTN: Docketing and Service Branch.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, 
20852, between 7:45 am and 4:15 pm Federal workdays.
    Copies of comments received, the environmental assessment, finding 
of no significant impact, and the regulatory analysis may be examined 
at the NRC Public Document Room, 2120 L Street NW. (Lower Level), 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. C. W. Nilsen, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
20555, telephone (301) 492-3834; Mr. S. R. Ruffin, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, telephone (301) 504-2696; Mr. C. B. Sawyer, 
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555, telephone (301) 504-2366; 
or Mr. D. G. Kidd, Office of Administration, Division of Security, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 
492-4127.

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 
previously owned and operated by the Department of Energy. Section 1701 
of the AEA, as amended, provides that within 2 years after enactment of 
the legislation, the NRC is required 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. The NRC is proposing to establish 
requirements and procedures for the certification process by addition 
of a new part to Chapter I of Title 10 of the Code of Federal 
Regulations.
    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 Portsmouth, Ohio, and Paducah, Kentucky, to be operated by 
the Corporation, will be annually certified by the NRC for compliance 
with those standards.
    The Commission recognizes that the gaseous diffusion plants were 
designed and constructed before the new certification requirement was 
established in the Energy Policy Act of 1992, and that they have 
operated safely for approximately 40 years. This proposed rule is based 
upon comparable NRC requirements that have been in place for a number 
of years, and that the staff believes are adequate and appropriate for 
the gaseous diffusion plants, and are at least as stringent as the DOE 
requirements under which the plants currently operate. However, in 
notice and comment rulemaking there is the potential that as a result 
of public comment on the proposed rule, the final rule may include 
different criteria. In this connection, commenters should be informed 
that the DOE has identified oversight operational requirements to be 
met by the gaseous diffusion plants for the transition period in which 
DOE continues to regulate the plants, until NRC assumes responsibility 
for regulatory oversight. The NRC will not assume regulatory oversight 
authority until after it establishes the final rule and completes the 
first certification process. The DOE submittal which describes 
oversight requirements may be reviewed in the NRC Public Document Room.
    Also, the Corporation has submitted unsolicited proposed standards 
for the gaseous diffusion plants which are included as Appendix A to 
this document. The Commission invites comments on whether some or all 
of the requirements proposed by the Corporation or contained in the DOE 
oversight requirements should be used in lieu of those proposed by the 
Commission. Based on public comments, the Commission will consider 
whether it should adopt selected portions of them in the final rule. 
The Commission must determine that the certification process, including 
any modifications based on public comments, will provide an adequate 
level of protection of the public health and safety, the environment, 
and the common defense.
    The Commission has also prepared a side-by-side comparison of the 
proposed regulations with the requirements set forth in DOE's 
transition document and existing NRC regulations. The document can be 
reviewed in the NRC Public Document Room. The Commission explicitly 
invites public comment on whether any of the proposed requirements 
exceed those necessary to protect the public health and safety and, if 
so, whether the added safety protection warrants the costs that would 
be incurred to implement the requirement.
    In addition to the proposed new part 76, a number of conforming 
changes are also being proposed to the provisions of Chapter I of Title 
10 of the Code of Federal Regulations. These changes would be necessary 
to implement the new part.

Proposed Action

    The Commission is proposing to add a new 10 CFR Part 76 entitled 
``Certification of Gaseous Diffusion Plants.'' This new part will 
include 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 Part 76 to 
satisfy Energy Policy Act requirements. The certification requirements 
in this proposed rulemaking include actions that are either required by 
the Act or required by the Commission's own procedures to protect the 
public health and safety from radiological hazards, to provide for the 
common defense and security, and to ensure adequate safeguards.

A. General Requirements.

    The general requirements being proposed are based on and derived 
mainly from 10 CFR part 70. Part 70 contains the regulations used by 
the Commission to license the possession 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 proposed 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 Part 76 
to be limited to certification of the existing 40 year old gaseous 
diffusion plants previously operated by the Department of Energy. 
(Reference Sec. 70.1).
    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 leased to the Corporation, and clarifies the new part applies 
only to those plants. (Reference Sec. 70.2).
    Section 76.4  Definitions. This section contains definitions of 
terms as used in this part. (Reference Sec. 70.4).
    Section 76.5  Communications. This section describes requirements 
for oral and written submissions to the Commission. (Reference 
Sec. 70.5).
    Section 76.6  Interpretations. This section contains requirements 
for interpretations authorized by the Commission. (Reference 
Sec. 70.6).
    Section 76.7  Employee protection. This section indicates that 
discrimination is prohibited. (Reference Sec. 70.7).
    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 (Reference Sec. 70.8).
    Section 76.9  Completeness and accuracy of information. This 
section specifies that all information must be complete and accurate. 
(Reference Sec. 70.9).
    Section 76.10  Deliberate misconduct. This section prohibits 
certain Corporation activities and describes resulting enforcement 
action. (Reference Sec. 70.10).
    Section 76.23  Specific exemptions. This section specifies that the 
Commission may grant exemptions. (Reference Sec. 70.14).
    Section 76.76  Backfitting. This section sets forth the conditions 
for backfitting the plants and establishes backfit 
guidelines.(Reference Sec. 50.109).
    Section 76.81  Authorized use of radioactive material. The section 
sets forth requirements for the Corporation's possession and use of 
radioactive material. (Reference Sec. 70.41).
    Section 76.83  Transfer of radioactive material. This section 
contains requirements for the Corporation's transfer of radioactive 
material. (Reference Sec. 70.42).
    Section 76.89  Criticality accident requirements. This section 
contains monitoring requirements for criticality accidents. (Reference 
Sec. 70.24).
    Section 76.91  Emergency planning. This section contains emergency 
planning requirements. (Reference Sec. 70.22(i)).
    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. (Reference 
Sec. 70.50, Sec. 70.52, and Sec. 74.11).
    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. 
(Reference Sec. 70.55).
    Section 76.131  Violations. This section specifies actions the 
Commission may take, to include obtaining a court order to prevent a 
violation and contains civil penalty provisions. (Reference 
Sec. 70.71).
    Section 76.133  Criminal penalties. This section specifies criminal 
sanctions for violations. For purposes of section 223 of the Atomic 
Energy Act of 1954, as amended, which provides for criminal sanctions, 
all regulations in part 76 are issued under one or more of sections 
161b, 161i, or 161o except for the sections listed in Sec. 76.133(b). 
(Reference Sec. 70.72).

B. Procedural Requirements

    As directed by Section 1701(c) of the AEA, as amended, the proposed 
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 proposing a fair 
and efficient procedural scheme.
    The procedural requirements being proposed for the certification 
process, to implement provisions of the Act and to constitute the 
Commission's proposed certification process, include:
    Section 76.21  Certificate required. This section contains the 
requirement to obtain a certificate of compliance to operate the 
gaseous diffusion plants. (Reference the Act).
    Section 76.31  Annual application requirement. This section 
specifies the annual application requirements for the certificate of 
compliance. (Reference the Act).
    Section 76.33  Application procedures. This section contains filing 
requirements and specifies the required contents of the application.
    Section 76.37  Federal Register notice. This section concerns 
public notice of the filing of an application and the opportunity for 
public comment.
    Section 76.39  Public meeting. This section describes the 
procedures for a public meeting on the application to be held at the 
discretion of the Director, Office of Nuclear Material Safety and 
Safeguards (NMSS), NRC, and provisions for a transcript of a meeting. A 
public meeting will be held on the first certification application.
    Section 76.41  Record underlying decisions. This section specifies 
that any decision must be based on information in the record and that 
significant information on any proceeding, with limited exceptions, 
must 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.
    Section 76.43  Annual date for decision. This section describes the 
timing of the annual decision on the application by the Director, NMSS.
    Section 76.45  Application for amendment of certificate. This 
section states the procedure for the Corporation to apply for an 
amendment of a certificate prior to the established date of the next 
application for a certificate.
    Section 76.51  Conditions of certification. This section requires 
compliance by the Corporation with all requirements set forth and 
referenced in Part 76 or in a certificate of compliance or approved 
compliance plan.
    Section 76.53  Consultation with Environmental Protection Agency 
(EPA). This section requires 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.
    Section 76.55  Timely renewal. This section states that timely and 
sufficient filing of an application for a certificate of compliance 
maintains in effect any existing certification or approved compliance 
plan until issuance of a final and effective decision on the 
application. This addresses the unlikely situation in which the 
Commission is unable to make its final, annual determinations regarding 
an application for a certificate of compliance despite the filing of a 
sufficient application. In this case, the Commission will deem its 
prior determinations regarding compliance to be its current and 
effective determinations until final resolution of the subsequent 
application and will advise Congress accordingly in its annual report 
under section 1701(b) of the AEA, as amended. The Commission invites 
commenters to specifically address this proposal.
    Section 76.60  Regulatory requirements which apply. This section 
specifies the requirements which the NRC will apply for certification 
of the Corporation's operation of the gaseous diffusion plants.
    Section 76.62  Issuance of certificate or approval of compliance 
plan. This section specifies that the Director, NMSS, may issue a 
certificate or approval of a compliance plan, requires notice of the 
decision in the Federal Register, 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.
    Section 76.64  Denial of certificate or compliance plan. This 
section states that the Director, NMSS, may deny a certificate or 
compliance plan and that the denial must be noticed in the Federal 
Register. This section also provides an opportunity for action by the 
Corporation before denial. 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.
    Section 76.68  Plant changes. This section describes plant or 
operational changes permitted by the Corporation with or without prior 
Commission approval. Documentation of revisions that do not require 
Commission approval must be submitted to the NRC. For changes that 
require Commission approval the Corporation may apply for an amendment 
of a certificate under Sec. 76.45.
    Section 76.70  Post issuance. This section specifies procedures for 
amendment, revocation, suspension, or amendment for cause of the 
certificate.
    Section 76.72  Miscellaneous procedural matters. This section 
addresses procedures for filing petitions, ruling on matters of 
procedure, and communication between Commission and staff. Additional 
guidance regarding the filing and service of petitions for review of 
the Director's decision and responses to such 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, 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. Staff would not participate in a review of 
the Director's decision as a party, but rather would serve as an 
advisor to the Commission. Congress has not required formal 
adjudication, and the Commission believes that informal processing 
without such formal restrictions on communication are best suited for 
resolution of applications for a certificate on an annual basis.

C. Technical Safety Requirements

    The major technical safety requirements proposed are found in the 
following sections:
    Section 76.35  Contents of 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 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 International Atomic Energy Agency 
safeguards, and a description of the waste treatment and management 
program.
    The proposed paragraphs 76.35 (k) and (l), would require a 
description of the depleted uranium and waste management programs, 
including funding plans to assure availability of funds to implement 
the programs. The Commission is aware that DOE has established a 
decommissioning fund (See 58 FR 41160, (August 2, 1993) 10 CFR Part 76, 
``Uranium Enrichment Decontamination and Decommissioning Fund; 
Procedures for Special Assessment of Domestic Utilities'' for a 
description of the fund's and DOE's requirements), and is inclined to 
interpret that the NRC has no regulatory jurisdiction in the area of 
decommissioning funds. The Commission is inclined to interpret the Act 
to terminate NRC regulatory jurisdiction over the Department's gaseous 
diffusion plants if and when the Corporation ceases operations and the 
plants are brought to a cold shutdown condition. Oversight 
responsibility would then revert to DOE which will be responsible for 
the plants' decontamination and decommissioning including disposal of 
all wastes and disposition of any depleted uranium at the sites. Under 
this interpretation, the Corporation's plans for wastes and depleted 
uranium will therefore be matters for DOE, rather than NRC, to address. 
The Commission requests comments on appropriate interpretations of the 
Energy Policy Act of 1992, and after taking into account any such 
comments, the Commission may eliminate the requirements under 
Sec. 76.35 (k) and (l).
    The proposed rule would require any application which contains 
Restricted Data, classified National Security Information, Safeguards 
Information, 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.
    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 proposed 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 would 
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.
    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 operational safety 
objectives to be used by the Commission will be that no individual at 
the site boundary would be likely to receive a total radiation dose to 
the whole body in excess of .25 Sv (25 rems) (total effective dose 
equivalent). The Corporation must also provide an assessment of public 
health and safety as a result of an intake of soluble uranium in an 
amount that can be considered as equivalent in risk to a .25 Sv (25 
rems) acute radiation dose. The proposed .25 Sv (25 rems) objective was 
chosen because there is little risk of permanent damage in the event of 
an accidental release and it is also used in 10 CFR part 100 for part 
50 licensees. The above objectives will be used by NRC as a factor to 
assist in arriving at an overall public health and safety 
determination, and it does not constitute a siting criterion for the 
uranium enrichment plants. Instead, it should be used by the 
Corporation as an operational goal, and the Corporation should 
accordingly provide information pertaining to specifications for 
conducting plant operations that would result in this goal being met or 
that adequate supplementary protective measures are developed and 
implemented.
    In proposing that the Corporation evaluate intakes of soluble 
uranium the Commission recognizes that the chemical toxicity of uranium 
could be the limiting factor in the accident analyses under this 
section. The Commission's intent to use 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 the toxic effects of soluble uranium. In this 
regard, the NRC staff has placed a contract to conduct an extensive 
evaluation of the available international literature on the toxic 
effects of uranium in humans, with emphasis on sensitive populations 
such as children and pregnant women which were not evaluated in earlier 
NRC studies. This review will encompass the present regulatory 
structure in place in various U.S. government agencies and should 
identify any inconsistencies in approach or level of protection 
achieved for both occupational and public exposures to uranium to 
determine an acceptable basis for evaluating the gaseous diffusion 
plants. The results of this analysis will be available by July, 1994, 
and will be considered in evaluating the Corporation's application.
    The Commission is interested in 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.
    In a related matter, the NRC staff recently announced that it is 
developing guidance and regulatory requirements on integrated safety 
analysis (ISA) of licensed fuel cycle facilities (58 FR 40167, July 27, 
1993). An ISA is a systematic review process by which a licensee or 
applicant will analyze its facility and processes and will assemble 
essential information for the safety analysis report. It is too early 
to determine how this effort will affect the gaseous diffusion plants. 
However, when a determination is made in the future regarding any 
additional safety analysis requirements for licensed fuel cycle 
facilities or the methodology for implementing them, the applicability 
of these methodologies to gaseous diffusion plants will also be 
addressed.
    Section 76.87  Technical safety requirements. This proposed section 
specifies that safety requirements must be included in the application. 
Safety topics to be considered are those mainly associated with the 
plant operations, management controls, and confinement of radioactive 
material.
    The proposed rule requires the Corporation to include technical 
safety requirements derived from analyses and evaluations included 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 the 
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 nuclear fuel cycle plants to assure that 
operations are controlled as described in the safety analysis report.
    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 and 
they were designed, constructed, and assembled over 40 years ago. The 
QA requirements for the GDPs will be based on applying the applicable 
QA criteria 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.
    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 the regulatory requirements.

D. Incorporation of Existing Regulations

    In addition, portions of other existing Commission regulations will 
be applicable for certification of the Corporation's operation of the 
gaseous diffusion plants (proposed Sec. 76.60). They are contained in 
Title 10, Code of Federal Regulations as follows:
    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.
    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.'' It is the purpose of part 26 to 
prescribe requirements and standards for 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.'' 
It is the purpose of part 71 to establish 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. It 
is the purpose of Subpart E to identify 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 U235 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. One reason 
stems from the fact that 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 the Corporation 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. A second 
reason stems from the possibility that 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.
    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.'' It is the purpose of part 95 to establish 
requirements and procedures for the foregoing matters. The Corporation 
and its contractor personnel will be considered as authorized by the 
Commission under 95.35(a) for access to classified matter based on 
their DOE access authorizations.
    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,'' should the Corporation elect 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.

E. Overview of the Certification Process

    The Act specifically provides for the NRC to issue a certificate of 
compliance, in lieu of a license. The Commission intends that the 
certificate would be a relatively simple document, which certifies 
compliance with NRC requirements, subject to any applicable conditions, 
and subject to the Corporation's adherence to the representations and 
commitments in its application.
    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. This would 
correspond to the license renewal period for other fuel facilities.
    The proposed rule also allows for unscheduled submittals in cases 
where the Corporation proposes new or modified operations, and cannot 
wait for the annual certification because of the significant nature of 
the modification. In such cases, the Commission could issue an amended 
certification.
    In cases where either the Corporation or the Commission identifies 
areas of non-compliance, a compliance plan would be submitted for NRC 
approval as provided in the Act.
    The Commission intends that the annual certification process will 
follow a predictable schedule, with an application being filed in 
April, publication of a Federal Register notice shortly thereafter 
providing at least 30 days for public comment, a certification decision 
in October, any appeals acted upon by December, and the required report 
to Congress in January of the next year. However, in cases where there 
are significant unresolved issues such that the Commission cannot 
complete certification in a given year, a compliance plan could be 
developed and approved or, if this is not possible because of time 
constraints, a ``timely renewal'' provision allows the previous 
certification to remain in effect pending resolution. The Commission 
would still file an annual report with Congress, and identify the 
unresolved issues.
    A more detailed discussion of the certification process is provided 
below:

I. Initial Certification

     The Corporation would be required to initially apply to 
the Commission for certification six months after promulgation of a 
final rule (Sec. 76.31). Depending on when the final rule is issued, 
the due date could be as early as January 1, 1995. The application for 
certification must include: (a) A description of operations, (b) a 
safety analysis and other information to demonstrate that the 
Corporation is in compliance with NRC requirements, and/or (c) a plan 
for achieving compliance with respect to any areas of noncompliance 
with the NRC standards (Sec. 76.33).
     The Director, Nuclear Material Safety and Safeguards would 
promptly publish in the Federal Register a notice of receipt of an 
application (Sec. 76.37). This would include: (a) A notice of 
opportunity for public comment, with at least a 30 day comment period, 
and (b) the date of public meetings near each site.
     The staff would conduct a review based on information in 
the record and facts officially noticed in the proceeding (Sec. 76.41).
     The staff would consult with EPA on applications received 
(Sec. 76.53).
     The Director would render a decision within 6 months of 
receipt of the application (Sec. 76.43).

I.A. Finding of Compliance or Approval of Compliance Plan

     Upon a finding of compliance or approval of a compliance 
plan, the Director would issue a written decision (Sec. 76.62(a)).
     A notice of the Director's decision would be published in 
the Federal Register (Sec. 76.62(b)).
     The Corporation or any person whose interest may be 
affected, and who is on the record having appropriately provided 
written or oral comments, could file a petition with the Commission 
within 15 days of the publication of the Federal Register notice 
(Sec. 76.62(c)).
     Any person who is on the record could file a response to 
any petition for review within 10 days of the filing of the petition 
(Sec. 76.62(c)).
     The Commission could adopt, modify, set aside, or take 
other appropriate action on the Director's decision within 60 days of 
publication of the Federal Register notice. Otherwise, the Director's 
decision would become final and effective (Sec. 76.62(d)).
     Once the initial certification became final and effective, 
the NRC would assume regulatory jurisdiction over the facilities.
     The Commission would report to Congress in January 
following initial certification on the status of health, safety, and 
environmental conditions at the plants.

I.B. Finding of Non-Compliance or Disapproval of Compliance Plan

     The Director could make an initial finding of non-
compliance or not approve a compliance plan upon review of a written 
finding that the application is in non-compliance with one or more of 
the Commission's requirements, or that the compliance plan is 
inadequate to protect the public health and safety, environment, or 
common defense and security (Sec. 76.64(a)).
     Before making a final finding of non-compliance, the 
Director would advise the Corporation in writing of any areas of non-
compliance, and offer the Corporation an opportunity to submit a 
proposed compliance plan regarding those areas of non-compliance 
(Sec. 76.64(c)).
     Upon making a final determination of non-compliance, the 
Director would publish notice of the decision in the Federal Register 
(Sec. 76.64(b)).
     The Corporation or any person whose interest could be 
affected, and who is on the record having appropriately provided 
written or oral comments, could file a petition with the Commission 
within 15 days of the publication of the Federal Register notice 
(Sec. 76.64(d)).
     Any person who is on the record could file a response to 
any petition for review within 10 days of the filing of the petition 
(Sec. 76.6(d)).
     The Commission could adopt, modify, set aside, or take 
other appropriate action on the Director's decision within 60 days of 
the Federal Register notice of the decision. Otherwise, the Director's 
decision would become final and effective. (Sec. 76.64(e)).
     The Commission would report to Congress in January 
following initial certification on the status of health, safety, and 
environmental conditions at the plants.

II. Annual Certification

     After the initial application, annual application for 
certification would be required to be received by April 15 of each year 
(Sec. 76.31).
     Information contained in previous applications, 
statements, or reports filed with the Commission could be incorporated 
by reference (Sec. 76.33(f)).
     The Director would promptly publish in the Federal 
Register a notice of receipt of an application (Sec. 76.37). This would 
include a notice of opportunity for public comment for at least 30 
days. It could also include a notice of public meetings if they are 
determined by the Director to be in the public interest.
     The Commission review would focus on new and previously 
unreviewed information and public comments.
     The Director's decision would be rendered on review of a 
satisfactory application by October of each year.
     The Director's decision would result in a:

(A) Finding of compliance or approval of compliance plan (see I.A.), or
(B) Finding of non-compliance or disapproval of compliance plan (see 
I.B.).

III. Amendment of Certificate

     The Corporation could make changes to a plant or a plant's 
operation without prior Commission approval that do not reduce the 
safety margin, result in undue risk to the public health and safety, 
environment, and the common defense and security, or present an 
unreviewed safety question (Sec. 76.68).
     The Corporation could at any time apply for amendment of 
the certificate to cover unreviewed information on new or modified 
activities not addressed in the certificate. The submittal should 
contain sufficient information for the Director to make findings of 
compliance for the proposed activities as required for any other 
certification (Sec. 76.45).
     Information contained in previous applications, 
statements, or reports filed with the Commission could be incorporated 
by reference in any application for amendment ((Sec. 76.33(f)).
     The Director would promptly publish a Corporation request 
for amendment of the certificate in the Federal Register as a notice of 
an application (Sec. 76.37). This would include a notice of opportunity 
for public comment. It could also include a notice of a public meeting 
if the Director determines that a meeting is in the public interest.
     The Director's decision would be rendered within 6 months 
of receipt of a satisfactory request to modify the safety basis or 
compliance status of the plant.
     The Director's decision would result in a:

(A) Finding of compliance or approval of compliance plan (see I.A.), or
(B) Finding of non-compliance or disapproval of compliance plan (see 
I.B.).

IV. Timely Renewal

    In any case where the Corporation has filed a timely application 
for certification or a compliance plan, the existing certification or 
compliance plan would not expire until the Commission has made a 
determination on the Corporation's submittal (Sec. 76.55).

Commissioner Rogers' Additional Comments

    Section 76.76 of the Proposed Rule addresses backfitting. I would 
be particularly interested in comments on two issues regarding the 
provisions of that section. These are (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 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.''
    I raise these questions because the Corporation and the NRC have 
only recently been given their respective responsibilities for the 
operation and regulation of the gaseous diffusion plants, and 
therefore, have had no prior corporate experience with these 
responsibilities. While I have every confidence in the ability of both 
organizations to carry out their responsibilities with a high degree of 
competence, I expect that there will be a period during which both 
organizations will gain additional knowledge about the configuration 
and functioning of the plants.
    Some of this new knowledge could suggest changes that would be 
worthwhile from the standpoint of public health and safety or 
safeguards. Moreover, while the NRC becomes more knowledgeable about 
the regulation of these plants, it also will be re-examining and 
considering changes to 10 CFR part 70, the regulation that served as a 
model for proposed 10 CFR part 76. This re-examination was started as a 
result of incidents that occurred at major materials facilities and 
could lead to changes that also could have safety implications for 10 
CFR part 76. For these reasons I would be interested in comments on the 
potential advantages and disadvantages of delaying the effectiveness of 
Sec. 76.76 for an appropriate interim.
    With regard to the standard for imposing backfits, proposed 
Sec. 76.76(a)(3) would require that a potential backfit meet the same 
standard as that applied to potential nuclear power reactor backfits 
that is contained in 10 CFR 50.109(a)(3). This standard has imposed a 
salutary discipline on the Commission in its regulation of nuclear 
power reactors. However, when this standard was first established in 
1970, the regulations applicable to nuclear power reactors had already 
been through a period of evolution. When the Commission confirmed the 
standard in 1985, these regulations had again undergone some 
considerable evolution as a result of lessons learned from the Three 
Mile Island accident. 10 CFR part 76 has had no similar evolution. 
Accordingly, I would be interested in comments on the advantages and 
disadvantages of substituting the less stringent standard contained in 
Sec. 1(b)(6) of Executive Order 12866 for the standard proposed in 
Sec. 76.76(a)(3), at least for some period of time after 10 CFR part 76 
becomes final.

Submission of Comments in Electronic Format

    Commenters are encouraged to submit, in addition to the original 
paper copy, a copy of the letter in electronic format on a DOS-
formatted (IBM compatible) 5.25 or 3.5 inch computer diskette. Text 
files should be provided in WordPerfect format or unformatted ASCII 
code. The format and version should be identified on the diskette's 
external label.

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, if adopted, would not 
be 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 the National 
Environmental Policy Act. The Department of Energy has prepared an 
environmental impact statement for the gaseous diffusion plant in 
Portsmouth, Ohio1, and an environmental assessment for the plant 
in Paducah, Kentucky2. The Commission's proposed 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 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.
---------------------------------------------------------------------------

    \1\ 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.
    \2\ 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, 
such actions will not result in any significant new environmental 
impacts. 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 proposes to find 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. As noted 
above, 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 the existing impacts which 
have been already evaluated. 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 proposed 
rule of limited applicability apply only 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.).

Draft Regulatory Analysis

    The Commission has prepared a draft regulatory analysis on this 
proposed regulation. The analysis examines the costs and benefits of 
the alternatives considered by the Commission. The draft analysis is 
available for inspection in the NRC Public Document Room, 2120 L Street 
NW. (Lower Level), Washington, DC.
    The Commission requests public comment on the draft analysis. 
Comments on the draft analysis may be submitted to the NRC as indicated 
under the ADDRESSES heading.

Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 
605(b), the Commission certifies that this rule, if adopted, will not 
have a significant economic impact upon a substantial number of small 
entities since 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 proposed 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, Special nuclear material, Source 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 proposing to 
adopt 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 (42 U.S.C 2073, 2093, 2111, 2133, 2134, 2201, 2236, 2282); 
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 35, 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 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 (42 U.S.C. 
2073, 2093, 2095, 2111, 2133, 2134, 2201, 2232, 2236), 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. 20.2  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 35, 39, 40, 50, 60, 61, 70, 
or 72 of this chapter, and 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 (42 U.S.C. 2201, 2282); 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 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 (42 U.S.C. 2073, 2111, 2112, 2133, 2134, 
2137, 2201); 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 (42 U.S.C. 2201); 
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 (42 U.S.C. 
2071, 2073, 2201, 2232, 2233, 2282); 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 (42 U.S.C. 2073, 2077, 
2092, 2093, 2111, 2201, 2232, 2233); 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 (42 U.S.C. 5841, 
5844).

    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 (42 U.S.C. 
2073, 2077, 2201, 2232, 2233, 2282); 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 applications.
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 or approval of compliance plan.
76.64  Denial of certificate or compliance plan.
76.68  Plant changes.
76.70  Post issuance.
76.72  Miscellaneous procedural matters.
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. 2392, 2951-53 (42 U.S.C. 2201, 2297b-11, 2297f); 
secs. 201, as amended, 206, 88 Stat. 1244, 1246 (42 U.S.C. 5841, 
5842). Sec. 76.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 (42 U.S.C. 5851).

Subpart A--General Provisions


Sec. 76.1  Purpose.

    (a) This part establishes requirements that will govern the 
operation of the gaseous diffusion plants at Portsmouth, Ohio, and 
Paducah, Kentucky. 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; Title II of the Energy 
Reorganization Act of 1974, as amended; and Title XI of the Energy 
Policy Act of 1992.


Sec. 76.2  Scope.

    The regulations in this part apply only to the gaseous diffusion 
plants at Portsmouth, Ohio, and Paducah, Kentucky leased by DOE to the 
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.
    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 containing 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 wholly-owned corporation of the United States that is authorized 
under lease from the Department of Energy to operate the gaseous 
diffusion enrichment plants in Paducah, Kentucky, and Portsmouth, Ohio.
    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).
    Limiting conditions for operation means the lowest functional 
capability or performance levels of equipment required for 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.
    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.
    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.
    United States, when used in a geographical sense, includes Puerto 
Rico and all territories and possessions of the United States.
    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 Resident Inspector. Communications and reports 
may be delivered in person at the Commission's offices at 11555 
Rockville Pike, Rockville, Maryland, or at 2120 L Street, NW., 
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, or a contractor or 
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.
    (v) Assisting or participating in, or attempting to assist or 
participate in, the above 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 30 days after an 
application is docketed and remain posted while the application is 
pending before the Commission, 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.


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.
    (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.

    The Corporation or its contractors may not operate the gaseous 
diffusion plants at Portsmouth, Ohio, and Paducah, Kentucky without the 
issuance of a certificate of compliance, or an approved compliance 
plan, 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 
Portsmouth, Ohio, and Paducah, Kentucky.


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 apply to the Commission each year,1 on 
or before April 15, for a certificate of compliance with the 
Commission's regulations for the gaseous diffusion plants leased from 
the Department.
---------------------------------------------------------------------------

    \1\The initial filing for a certificate of compliance must be 
tendered no later than 6 months after the date this rule is 
published in the Federal Register or by April 15, 1995, whichever is 
earlier.
---------------------------------------------------------------------------


Sec. 76.33  Application procedures.

    (a) Filing requirements. An application for certificate of 
compliance shall 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 Resident Inspector, 
in accordance with Sec. 76.5.
    (b) Oath or affirmation. An application for certificate of 
compliance must be executed in a signed original by a duly authorized 
officer of the Corporation under oath or affirmation.
    (c) Contents of application. The annual application for a 
certificate of compliance must contain:
    (1) The information set forth in Sec. 76.35.
    (2) A plan for achieving compliance with respect to any areas of 
noncompliance with the NRC's regulations that are identifiable by the 
Corporation at the time of the filing of the application, including:
    (i) A description of the areas of noncompliance;
    (ii) A plan of actions and schedules for achieving compliance;
    (iii) A justification for continued operation with adequate safety 
and safeguards; and
    (iv) Sufficient information for the Commission to prepare an 
environmental assessment.
    (d) Pre-filing consultation. The Corporation may confer with the 
Commission's staff prior to filing an application.
    (e) Additional information. At any time during the review of an 
application, the Corporation may be required to supply additional 
information to the Commission's staff 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.
    (f) Incorporation by reference. Information contained in previous 
applications, statements, or reports filed with the Commission may be 
incorporated by reference, provided that the reference is clear and 
specific.


Sec. 76.35  Contents of applications.

    The application for a 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 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) A training program that meets the requirements of Sec. 76.95.
    (5) 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.);
    (6) 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
    (7) A description of the plant site, and a description of the 
principal structure, systems, and components of the plant.
    (b) A quality assurance program that meets the requirements of 
Sec. 76.93.
    (c) 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, shall also be included in 
the application, but may not become part of the technical safety 
requirements.
    (d) An emergency plan that meets the requirements of Sec. 76.91.
    (e) 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.
    (f) 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 off site.
    (g) 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 must not be less than that 
afforded the same material while it was within the protected area from 
which transit began.
    (h) A plan describing the facility's proposed security procedures 
and controls as set forth in Sec. 95.15(b) for protection of classified 
information and hardware.
    (i) An application which contains restricted data, classified 
national security information, safeguards 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.
    (j) 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.
    (k) A description of the program, as appropriate, for processing, 
management, and disposal of mixed and radioactive wastes generated by 
operations and depleted uranium. The application must also include a 
description of the waste streams generated by enrichment operations, 
annual volumes of waste expected, identification of radioisotopes 
contained in the waste, physical and chemical forms, and plans for 
managing the waste.
    (l) A description of the funding program to be established to 
ensure that funds will be set aside and available for the ultimate 
processing and disposition of depleted uranium and any waste generated. 
The Corporation shall establish financial surety arrangements to ensure 
that sufficient funds will be available to adequately cover conversion 
of depleted UF6 to a stable form, as well as ultimate disposition. 
The financial mechanism, such as prepayment, surety, insurance, or 
external sinking fund, must ensure availability of funds. The funding 
program must contain a basis for cost estimates for conversion and 
disposition of depleted UF6, and must include means of adjusting 
cost estimates and associated funding levels over the life of the 
plant. The Corporation shall ensure the adequacy of the financing 
mechanism, considering the volume of generated depleted uranium and any 
waste and estimates for future generation, in its annual application 
for certification.
    (m) A compliance status report which 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.


Sec. 76.37  Federal Register notice.

    The Director shall publish in the Federal Register:
    (a) A notice of the filing of an application (specifying that 
copies of the application, except for Restricted Data, classified 
National Security Information, Safeguards Information, proprietary 
data, or other withholdable information will be made available for the 
public inspection in the Commission's Public Document Room at 2120 L 
Street, NW. (Lower Level), Washington, DC, and in the local public 
document room at or near the location of the plant);
    (b) A notice of opportunity for written public comment on the 
application; and
    (c) The date of any scheduled public meeting regarding the 
application.


Sec. 76.39  Public meeting.

    (a) A public meeting will be held on an application if the 
Director, in his or her discretion, determines that a meeting is in the 
public interest with respect to a decision on the application.
    (b) Conduct of public meeting.
    (1) The Director shall conduct any public meeting held on the 
application.
    (2) Public meetings will take place near the locale of the subject 
plant, unless otherwise specified by the Director.
    (3) A public meeting will be open to all interested members of the 
public and be conducted as deemed appropriate by the Director.
    (4) Members of the public will be given an opportunity during a 
public meeting to make their views regarding the application known to 
the Director.
    (5) A transcript will be kept of each public meeting.
    (6) No restricted data, classified national security information, 
safeguards information, proprietary data, or other withholdable 
information may be introduced at the meeting.


Sec. 76.41  Record underlying decisions.

    (a) Any decision of the Commission or its designee under this part 
in any proceeding regarding an application for a certificate must be 
based on information in the record and facts officially noticed in the 
proceeding.
    (b) All public comments and correspondence in any proceeding 
regarding an application for a certificate must be made a part of the 
public docket of the proceeding, except as provided under 10 CFR 2.790.


Sec. 76.43  Annual date for decision.

    The Director will render a decision on an application within 6 
months of the receipt of the application unless the Director alters the 
date for decision and publishes notice of the new date in the Federal 
Register.


Sec. 76.45  Application for amendment of certificate.

    In addition to the annual application for certification submitted 
pursuant to Sec. 76.31, the Corporation may at any time apply for 
amendment of the certificate to cover proposed new or modified 
activities. The amendment application should contain sufficient 
information for the Director to make findings of compliance for the 
proposed activities as required for the original certificate.
    Upon receipt of the Corporation's application for amendment of the 
certificate, the Director will determine whether the proposed 
activities are significant, and if so, follow the procedures specified 
in Secs. 76.37 and 76.39. If the Director determines that the 
activities are not significant the Director will, after appropriate 
review, issue a decision pursuant to subpart C of this part.

Subpart C--Certification


Sec. 76.51  Conditions of certification.

    The Corporation shall comply with all of the requirements set forth 
and referenced in this part or set forth in the certificate of 
compliance or in an approved compliance plan.


Sec. 76.53  Consultation with Environmental Protection Agency.

    In reviewing an application for a certificate, including the 
provisions of any compliance plan, the Director shall consult with the 
Environmental Protection Agency and solicit the Environmental 
Protection Agency's written comments on the application .


Sec. 76.55  Timely renewal.

    In any case in which the Corporation has timely filed a sufficient 
annual application for a certificate of compliance, the existing 
certificate of compliance or approved compliance plan does not expire 
until the Director has made a determination on the application for a 
certificate of compliance.


Sec. 76.60  Regulatory requirements which apply.

    The Nuclear Regulatory Commission will use the following 
requirements for certification of the Corporation for operation of the 
gaseous diffusion plants:
    (a) The Corporation shall provide for adequate protection of the 
public health and safety and common defense and security.
    (b) The Corporation shall demonstrate compliance with the 
provisions of this part.
    (c) The Corporation shall demonstrate compliance with the 
applicable provisions of 10 CFR part 19, ``Notices, Instructions and 
Reports To Workers: Inspection and Investigations.''
    (d) The Corporation shall demonstrate compliance with the 
applicable provisions of 10 CFR part 20, ``Standards For Protection 
Against Radiation.''
    (e) The Corporation shall demonstrate compliance with the 
applicable provisions of 10 CFR part 21, ``Reporting of Defects and 
Noncompliance.''
    (f) The Corporation shall demonstrate compliance with the 
applicable provisions of 10 CFR part 26, ``Fitness-for-Duty Programs.'' 
The requirements of this section apply 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).
    (g) The Corporation shall demonstrate compliance with the 
applicable provisions of 10 CFR part 71, ``Packaging and Transportation 
of Radioactive Material.''
    (h) The Corporation shall demonstrate compliance with the 
applicable provisions for physical security and material control and 
accounting as specified in subpart E to this part and 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.'' The 
requirements in these parts address safeguards for three different 
kinds of nuclear material: Special nuclear material of low strategic 
significance (Category III), special nuclear material of moderate 
strategic significance (Category II), and formula quantities of 
strategic special nuclear material (Category I). The requirements for 
Category III material apply to the production of low enriched uranium. 
The requirements for Category II and Category I material apply only if 
the Corporation elects to engage in activities that involve these kinds 
of material and then only to the situations and locations that involve 
these kinds of material.
    (i) The Corporation shall demonstrate compliance with the 
applicable provisions for security facility approval and for 
safeguarding of classified matter as specified in subpart E to this 
part.


Sec. 76.62  Issuance of certificate or approval of compliance plan.

    (a) Upon a finding of compliance with the Commission's regulations 
for issuance of a certificate or approval of a compliance plan, the 
Director shall issue a written decision explaining the decision. The 
Director may impose such terms and conditions as deemed appropriate.
    (b) The Director shall publish notice of the decision in the 
Federal Register.
    (c) The Corporation, or any person whose interest may be affected 
who submitted written comment in response to the Federal Register 
notice on the application or compliance plan under Sec. 76.37, or who 
provided oral comments at any meeting held on the application or 
compliance plan conducted under Sec. 76.39, may file a petition, not to 
exceed 30 pages, requesting review of the Director's decision. This 
petition must be filed with the Commission not later than 15 days after 
publication of the Federal Register notice. Any person described above 
may file a response to any petition for review, not to exceed 30 pages, 
within 10 days after the filing of the petition. Unless the Commission 
grants the petition for review or otherwise acts within 60 days after 
the publication of the Federal Register notice, the Director's initial 
decision on the certificate application or compliance plan becomes 
effective and final. The Commission may adopt by order such further 
procedures as in its judgment would serve the purpose of review of the 
Director's decision.
    (d) The Commission may adopt, modify, or set aside the findings, 
conclusions, conditions or terms in the Director's decision and will 
state the basis of its action in writing.


Sec. 76.64  Denial of certificate or compliance plan.

    (a) The Director may deny an application for a certificate of 
compliance or not approve a compliance plan upon a written finding that 
the application is in noncompliance with one or more of the 
Commission's requirements for the plant, or that the compliance plan is 
inadequate to protect the public health and safety or the common 
defense and security.
    (b) The Director shall publish notice of the decision in the 
Federal Register.
    (c) Before a denial of an application for a certificate of 
compliance, the Director shall advise the Corporation in writing of any 
areas of noncompliance with the Commission's regulations and offer the 
Corporation an opportunity to submit a proposed compliance plan 
regarding those areas of noncompliance identified.
    (d) The Corporation, or any person whose interest may be affected 
and who submitted written comment in response to the Federal Register 
notice on the application or compliance plan under Sec. 76.37 or who 
provided oral comment at any meeting held on the application or 
compliance plan conducted under Sec. 76.39, may file a petition, not to 
exceed 30 pages, requesting review of the Director's decision. This 
petition must be filed with the Commission not later than 15 days after 
publication of the Federal Register notice. Any person described above 
may file a response to any petition for review, not to exceed 30 pages, 
within 10 days after filing of the petition. Unless the Commission 
grants the petition for review or otherwise acts within 60 days after 
the publication of the Federal Register notice, the Director's initial 
decision on the certificate application or compliance plan becomes 
effective and final. The Commission may adopt by order such further 
procedures as in its judgment would serve the purpose of review of the 
Director's decision.
    (e) The Commission may adopt, modify, or set aside the findings, 
conclusions, conditions or terms in the Director's decision and will 
state the basis of its action in writing.


Sec. 76.68  Plant changes.

    (a) The Corporation may make changes to the plant or to the plant's 
operations without prior Commission approval provided all the 
provisions of this section are met.
    (1) The Corporation shall conduct a written safety analysis which 
demonstrates that the changes would not result in undue risk to public 
health and safety, the common defense and security, or to the 
environment.
    (2) The changes must be authorized by responsible management and 
approved by the plant safety review committee.
    (3) The changes must not decrease effectiveness of the plant's 
safety, safeguards and security programs.
    (4) The changes must not cause projections of the annual individual 
or cumulative occupational radiation exposures to increase 
significantly.
    (5) The changes must not significantly affect the types of or 
increase the amounts of effluent released offsite.
    (6) The changes must not involve an unreviewed safety question.
    (b) To ensure that the approved application remains current with 
respect to the actual site description and that the plant's programs, 
plans, policies, and operations are in place, the Corporation shall 
submit revised pages to the approved application and safety analysis 
report, marked and dated to indicate each change. These revisions must 
be submitted within 90 days of their adoption as specified in 
Sec. 76.33.
    (c) The Corporation shall maintain records of changes in the plant 
and of changes in the programs, plans, policies, procedures and 
operations described in the approved application, and copies of the 
safety analyses on which the changes were based. The records of plant 
changes must be retained until the end of the plant's life. The records 
of changes in procedures must be retained for a period of 2 years.
    (d) The Corporation may at any time apply under Sec. 76.45 for 
amendment of the certificate to cover proposed new or modified 
activities not permitted by paragraph (a) of this section.


Sec. 76.70  Post issuance.

    (a) Amendment of certificate terms and conditions. The terms and 
conditions of a certificate of compliance or an approved compliance 
plan are subject to modification by reason of amendments to the Act, or 
by reason of rules, regulations, or orders issued in accordance with 
the Act.
    (b) Revocation, suspension, or amendments for cause. A certificate 
of compliance or a compliance plan may be revoked, suspended, or 
amended, in whole or in part for:
    (1) Any material false statement in the application or statement of 
fact required by the Commission in connection with the application;
    (2) Conditions revealed by the application, or any report, record, 
inspection, or other means which would warrant the Commission to refuse 
to grant a certificate or approve a compliance plan on an original 
application; and
    (3) Violation of, or failure to observe any of, the applicable 
terms and conditions of the Act, or the certificate of compliance, the 
compliance plan, or of any rule, regulation, or order of the 
Commission.
    (c) Procedures governing amendment, revocation, or suspension.
    (1) Except in cases of willfulness or those in which the public 
health interest, common defense and security, or safety requires 
otherwise, no certificate of compliance or compliance plan may be 
amended, suspended, or revoked unless, before the institution of 
proceedings therefor, facts or conduct which may warrant the action 
must have been called to the attention of the Corporation in writing 
and the Corporation shall have been accorded an opportunity to 
demonstrate or achieve compliance with the lawful requirements related 
to such action.
    (2) In any proceeding to amend, revoke, or suspend a certificate of 
compliance or compliance plan, the Commission shall provide the 
Corporation and other interested persons with an opportunity to provide 
written views to the Commission. The Commission shall consider these 
views and may adopt by order further procedures for a hearing of the 
issues before making a final enforcement decision.
    (d) Additional information. At any time after the granting of a 
certificate of compliance or approval of a compliance plan, the 
Commission may require further statements from the Corporation in order 
to enable the Commission to determine whether the certificate or 
approved compliance plan should be modified or revoked.


Sec. 76.72  Miscellaneous procedural matters.

    (a) The filing of any petitions for review or any responses thereto 
shall be governed by the procedural requirements set forth in 10 CFR 
2.701 (a) and (c), 2.708, 2.709, 2.710, 2.711, and 2.712. Additional 
guidance regarding the filing and service of petitions for review of 
the Director's decision and responses to such petitions may be provided 
in the Director's decision or by order of the Commission.
    (b) The Secretary of the Commission shall have the authority to 
rule on procedural matters set forth in 10 CFR 2.772.
    (c) There are no 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 the regulatory process, with the exception that 
the rules on ex parte communications and separation of functions set 
forth in 10 CFR 2.780 and 2.781 shall apply to proceedings under 10 CFR 
part 2, subpart G for imposition of a civil penalty.
    (d) The procedures set forth in 10 CFR 2.205, Subpart B, and in 10 
CFR 2.205, Subpart G, shall be applied in connection with NRC action to 
impose a civil penalty pursuant to section 206 of the Energy 
Reorganization Act of 1974 and the implementing regulations in 10 CFR 
part 21 (Reporting of Defects and Noncompliance), as authorized by 
section 1312(e) of the Atomic Energy Act of 1954, as amended;
    (e) The procedures set forth in 10 CFR 2.206 shall apply to a 
request by any person to institute a proceeding pursuant to Sec. 76.70 
to amend, revoke, or suspend a certificate of compliance or approved 
compliance plan, or for such other action as may be proper.


Sec. 76.76  Backfitting.

    (a) (1) Backfitting is defined as the modification of, or addition 
to, systems, structures, or components of a plant; or to the procedures 
or organization required to operate a plant; any of which may result 
from a new or amended provision in the Commission rules or the 
imposition of a regulatory staff position interpreting the Commission 
rules that is either new or different from a previous staff position.
    (2) Except as provided in paragraph (a)(4) of this section, the 
Commission shall require a systematic and documented analysis pursuant 
to paragraph (c) of this section for backfits which it seeks to impose.
    (3) Except as provided in paragraph (a)(4) of this section, the 
Commission shall require the backfitting of a plant only when it 
determines, based on the analysis described in paragraph (b) of this 
section, that there is a substantial increase in the overall protection 
of the public health and safety or the common defense and security to 
be derived from the backfit and that the direct and indirect costs of 
implementation for that plant are justified in view of this increased 
protection.
    (4) The provisions of paragraphs (a)(2) and (a)(3) of this section 
are inapplicable and, therefore, backfit analysis is not required and 
the standards in paragraph (a)(3) of this section do not apply where 
the Commission or staff, as appropriate, finds and declares, with 
appropriately documented evaluation for its finding, any of the 
following:
    (i) That a modification is necessary to bring a plant into 
compliance with a certificate or the rules or orders of the Commission, 
or into conformance with written commitments by the Corporation; or
    (ii) That regulatory action is necessary to ensure that the plant 
provides adequate protection to the health and safety of the public and 
is in accord with the common defense and security; or
    (iii) That the regulatory action involves defining or redefining 
what level of protection to the public health and safety or common 
defense and security should be regarded as adequate.
    (5) The Commission shall always require the backfitting of a plant 
if it determines that such regulatory action is necessary to ensure 
that the plant provides adequate protection to the health and safety of 
the public and is in accord with the common defense and security.
    (6) The documented evaluation required by paragraph (a)(4) of this 
section shall include a statement of the objectives of and reasons for 
the modification and the basis for invoking the exception. If 
immediately effective regulatory action is required, then the 
documented evaluation may follow rather than precede the regulatory 
action.
    (7) If there are two or more ways to achieve compliance with a 
certificate or the rules or orders of the Commission, or with written 
Corporation commitments, or there are two or more ways to reach a level 
of protection which is adequate, then ordinarily the Corporation is 
free to choose the way which best suits its purposes. However, should 
it be necessary or appropriate for the Commission to prescribe a 
specific way to comply with its requirements or to achieve adequate 
protection, then cost may be a factor in selecting the way, provided 
that the objective of compliance or adequate protection is met.
    (b) In reaching the determination required by paragraph (a)(3) of 
this section, the Commission will consider how the backfit should be 
scheduled in light of other ongoing regulatory activities at the plant 
and, in addition, will consider information available concerning any of 
the following factors as may be appropriate and any other information 
relevant and material to the proposed backfit:
    (1) Statement of the specific objectives that the proposed backfit 
is designed to achieve;
    (2) General description of the activity that would be required by 
the Corporation in order to complete the backfit;
    (3) Potential change in the risk to the public from the accidental 
release of radioactive material;
    (4) Potential impact on radiological exposure of facility 
employees;
    (5) Installation and continuing costs associated with the backfit, 
including the cost of plant downtime;
    (6) The potential safety impact of changes in plant or operational 
complexity, including the relationship to proposed and existing 
regulatory requirements;
    (7) The estimated resource burden on the NRC associated with the 
proposed backfit and the availability of such resources;
    (8) The potential impact of differences in plant type, design or 
age on the relevancy and practicality of the proposed backfit;
    (9) Whether the proposed backfit is interim or final and, if 
interim, the justification for imposing the proposed backfit on an 
interim basis.
    (c) No certificate will be withheld during the pendency of backfit 
analyses required by the Commission's rules.
    (d) The Executive Director for Operations shall be responsible for 
implementation of this section, and all analyses required by this 
section shall be approved by the Executive Director for Operations or 
his designee.

Subpart D--Safety


Sec. 76.81  Authorized use of radioactive material.

    The Corporation shall confine its possession and use of radioactive 
material to the locations and purposes covered by the certificate or 
approved compliance plan. Except as otherwise provided, the certificate 
or approved compliance plan issued pursuant to the requirements in this 
part entitles the Corporation to receive title to, own, acquire, 
receive, possess, and use radioactive material in accordance with the 
certificate.


Sec. 76.83  Transfer of radioactive material.

    (a) The Corporation may not transfer radioactive material except as 
authorized pursuant to this section.
    (b) Except as otherwise provided and subject to the provisions of 
paragraphs (c) and (d) of this section, the Corporation may transfer 
radioactive material:
    (1) From one component of the Corporation to another;
    (2) To the Department;
    (3) To the agency in any Agreement State which regulates 
radioactive materials pursuant to an agreement with the Commission 
under section 274 of the Act, if the quantity transferred is not 
sufficient to form a critical mass;
    (4) To any person exempt from the licensing requirements of the Act 
and requirements in this part, to the extent permitted under such 
exemption;
    (5) To any person in an Agreement State, subject to the 
jurisdiction of that State, who has been exempted from the licensing 
requirements and regulations of that State, to the extent permitted 
under the exemption;
    (6) To any person authorized to receive such radioactive material 
under terms of a specific license or a general license or their 
equivalents issued by the Commission or an Agreement State;
    (7) To any person abroad pursuant to an export license issued under 
part 110 of this chapter; or
    (8) As otherwise authorized by the Commission in writing.
    (c) Before transferring radioactive material to any party specified 
in paragraph (b) of this section, the Corporation shall verify that the 
transferee is authorized to receive the type, form, and quantity of 
radioactive material to be transferred.
    (d) The following methods for the verification required by 
paragraph (c) of this section are acceptable:
    (1) The Corporation may have in its possession and read a current 
copy of the transferee's specific license or confirmation of 
registration. The Corporation shall retain a copy of each license or 
confirmation for 3 years from the date that it was obtained.
    (2) The Corporation shall have in its possession a written 
confirmation by the transferee that the transferee is authorized by 
license or registration confirmation to receive the type, form, and 
quantity of special nuclear material to be transferred, specifying the 
license or registration confirmation number, issuing agency, and 
expiration date. The Corporation shall retain the written confirmation 
as a record for 3 years from the date of receipt of the confirmation;
    (3) For emergency shipments, the Corporation may accept a 
certification by the transferee that he or she is authorized by license 
or registration certification to receive the type, form, and quantity 
of special nuclear material to be transferred, specifying the license 
or registration number, issuing agency, and expiration date, provided 
that the oral confirmation is confirmed in writing within 10 days. The 
Corporation shall retain the written confirmation of the oral 
certification for 3 years from the date of receipt of the confirmation;
    (4) The Corporation may obtain other sources of information 
compiled by a reporting service from official records of the Commission 
or the licensing agency of an Agreement State as to the identity of 
licensees and the scope and expiration dates of licenses and 
registrations. The Corporation shall retain the compilation of 
information as a record for 3 years from the date that it was obtained; 
or
    (5) When none of the methods of verification described in 
paragraphs (d) (1) through (4) of this section are readily available or 
when the Corporation desires to verify that information received by one 
of these methods is correct or up-to-date, the Corporation may obtain 
and record confirmation from the Commission or the licensing agency of 
an Agreement State that the transferee is licensed to receive the 
special nuclear material. The Corporation shall retain the record of 
confirmation for 3 years from the date the record is made.


Sec. 76.85  Assessment of accidents.

    The Corporation shall perform a safety analysis to establish the 
basis for limiting conditions for operation of the plant with respect 
to the potential for releases of radiological material. Special 
attention must be directed to assurance that plant operation will be 
conducted in a manner to prevent or to mitigate the radiological 
consequences from a reasonable spectrum of postulated accidents which 
include internal and external events and natural phenomena in order to 
ensure adequate protection of the public health and safety. Plant 
operating history relevant to the assessment should be included. In 
performing this assessment, the full range of operations should be 
considered including, but not necessarily limited to, operation at the 
maximum capacity contemplated. The assessment must be performed using 
an expected release rate resulting from anticipated operational 
occurrences and accidents with existing systems and procedures intended 
to mitigate the release consequences, along with site characteristics, 
including meteorology, to evaluate the offsite radiological 
consequences.


Sec. 76.87  Technical safety requirements.

    (a) The Corporation shall establish technical safety requirements. 
In establishing the requirements, the Corporation shall consider the 
analyses and results of the safety analysis report submitted pursuant 
to Sec. 76.35.
    (b) The format for the technical safety requirements shall be 
appropriate for each individual requirement.
    (c) Each of the following safety topics shall be considered under 
this section:
    (1) Effects of natural phenomena;
    (2) Building and process ventilation and offgas;
    (3) Criticality prevention;
    (4) Fire prevention;
    (5) Radiation protection;
    (6) Radioactive waste management;
    (7) Maintenance;
    (8) Environmental protection;
    (9) Packaging and transporting nuclear materials;
    (10) Accident analysis;
    (11) Chemical safety;
    (12) Sharing of facilities, structures, systems and components;
    (13) Utilities essential to radiological safety; and
    (14) Operations.
    (d) Technical safety requirements shall include items in the 
following categories:
    (1) Safety limits.
    (i) If any safety limit is exceeded, corrective action must be 
taken as stated in the technical safety requirements or the affected 
part of the process must be shut down unless this action would further 
reduce the margin of safety.
    (ii) The Corporation shall notify the Commission, review the 
matter, and record the results of the review, including the cause of 
the condition and the basis for corrective action taken to preclude 
recurrence.
    (iii) The Corporation shall retain the record of the results of 
each review until the Commission no longer has certification authority.
    (2) Limiting control settings.
    (i) Where a limiting control setting is specified for a variable on 
which a safety limit has been placed, the setting must be so chosen 
that protective action, either automatic or manual, will correct the 
abnormal situation before a safety limit is exceeded. If, during 
operation, the automatic alarm or protective devices do not function as 
required, appropriate action must be taken to maintain the variables 
within the limiting control-setting values and to repair promptly the 
automatic devices or to shut down the affected part of the process.
    (ii) The Corporation shall notify the Commission, review the 
matter, and record the results of the review, including the cause of 
the condition and the basis for corrective action taken to preclude 
recurrence.
    (iii) The Corporation shall retain the record of the results of 
each review until the Commission no longer has certification authority.
    (3) Limiting conditions for operation. When a limiting condition 
for operation of any process step in the system is not met, the 
Corporation shall shut down that part of the operation or follow any 
remedial action permitted by the technical requirements until the 
condition can be met.
    (i) The Corporation shall notify the Commission, review the matter, 
and record the results of the review, including the cause of the 
condition and the basis for corrective action taken to preclude 
recurrence.
    (ii) The Corporation shall retain the record of the results of each 
review until the Commission no longer has certification authority.
    (4) Design features. Design features to be included are those 
systems, components, or structures of the plant which, if altered or 
modified, would have a significant effect on safety and are not covered 
in categories described in paragraphs (d) (1), (2), and (3) of this 
section.
    (5) Surveillance requirement.
    (6) Administrative controls.
    (7) Initial notification. Reports made to the Commission in 
response to the requirements of this section must be made in accordance 
with Sec. 76.120.


Sec. 76.89  Criticality accident requirements.

    (a) Criticality accident requirements. The Corporation shall 
maintain in each area in which special nuclear material is handled, 
used, or stored, a monitoring system meeting the requirements of 
paragraph (b) of this section. The monitoring system must use gamma- or 
neutron-sensitive radiation detectors which will energize clearly 
audible alarm signals if criticality occurs. This section is not 
intended to require monitoring systems for transport of special nuclear 
material packaged in accordance with the requirements of part 71 of 
this chapter.
    (b) The monitoring system must be capable of meeting the 
requirements of paragraph (b)(1) or (b)(2) of this section.
    (1) The system must detect a criticality that produces an absorbed 
dose in soft tissue of 20 rads of combined neutron and gamma radiation 
at an unshielded distance of 2 meters from the reacting material within 
1 minute. Coverage of all areas in which special nuclear material is 
handled, used, or stored must be provided by two detectors.
    (2) The system must detect a criticality which generates radiation 
levels of 300 rems per hour, 1 foot from the source of the radiation. 
The monitoring devices in the system must have a preset alarm point of 
not less than 5 millirems per hour (in order to avoid false alarms) nor 
more than 20 millirems per hour. In no event may any such device be 
farther than 120 feet from the special nuclear material being handled, 
used, or stored; lesser distances may be necessary to meet the 
requirements of this paragraph on account of intervening shielding or 
other pertinent factors.


Sec. 76.91  Emergency planning.

    The Corporation shall establish, maintain, and be prepared to 
follow a written emergency plan. The emergency plan submitted under 
Sec. 76.35(d) shall include the following information:
    (a) Plant description. A description of the plant and area near the 
plant site.
    (b) Types of accidents. An identification of each type of 
radioactive materials accident for which protective actions may be 
needed.
    (c) Classification of accidents. A system for classifying accidents 
as alerts or site area emergencies.
    (d) Detection of accidents. Identification of the means of 
detecting each type of accident in a timely manner.
    (e) Mitigation of consequences. A description of the means and 
equipment for mitigating the consequences of each type of accident, 
including those provided to protect workers onsite, and a description 
of the program for maintaining the equipment.
    (f) Assessment of releases. A description of the methods and 
equipment to assess releases of radioactive materials.
    (g) Responsibilities. A description of the responsibilities of all 
individuals supporting emergency response should an accident occur, 
including identification of personnel responsible for promptly 
notifying offsite response organizations and the NRC, as well as a 
description of responsibilities for developing, maintaining, and 
updating the plan.
    (h) Notification and coordination. A commitment to and a 
description of the means to promptly notify offsite response 
organizations, including the request for offsite assistance and medical 
assistance for the treatment of contaminated injured onsite workers 
when appropriate. A control point must be established. The notification 
and coordination must be planned so that unavailability of some 
personnel, parts of the plant, and some equipment will not prevent the 
notification and coordination. The Corporation shall also commit to 
notify the NRC Operations Center immediately after notification of the 
appropriate offsite response organizations and not later than one hour 
after the Corporation declares an emergency. These reporting 
requirements do not supersede or release the Corporation from complying 
with the requirements under the Emergency Planning and Community Right-
to-Know Act of 1986, Title III, Public Law 99-499 or other state or 
federal reporting requirements.
    (i) Information to be communicated. A description of the types of 
information on plant status, radioactive releases, and recommended 
protective actions, if necessary, to be provided to offsite response 
organizations and to the NRC.
    (j) Training. A description of the frequency, performance 
objectives, and plans for the training that the Corporation will 
provide workers on how to respond to an emergency including any special 
instructions, briefings, and orientation tours the Corporation would 
offer to fire, police, medical, and other emergency personnel. The 
training shall familiarize personnel with site-specific emergency 
procedures. The training shall also prepare site personnel for their 
responsibilities for the accident scenarios postulated as most probable 
for the specific site, including the use of team training for these 
accident scenarios.
    (k) Safe Shutdown. A description of the means of restoring the 
plant to a safe condition after an accident.
    (l) Exercises. Provisions for conducting quarterly communications 
checks with offsite response organizations and biennial onsite 
exercises to test response to simulated emergencies. Quarterly 
communications checks with offsite response organizations shall include 
the check and update of all necessary telephone numbers. The 
Corporation shall invite offsite response organizations to participate 
in the biennial exercises. Participation of offsite response 
organizations in biennial exercises, although recommended, is not 
required. Exercises shall use accident scenarios postulated as most 
probable for the specific site and the accident scenarios shall not be 
made known to most exercise participants. The Corporation shall 
critique each exercise using individuals that do not have direct 
implementation responsibility for the plan. Critiques of exercises 
shall evaluate the appropriateness of the plan, emergency procedures, 
facilities, equipment, training of personnel, and overall effectiveness 
of the response. Deficiencies found by the critiques shall be 
corrected.
    (m) Hazardous chemicals. Confirmation that the Corporation has met 
its responsibilities under the Emergency Planning and Community Right-
to-Know Act of 1986, Title III, Public Law 99-499, if applicable to the 
Corporation's activities at the proposed place of use of the special 
nuclear material.
    (n) Comment from offsite response organizations. The Corporation 
shall allow the offsite response organizations expected to respond in 
case of an accident 60 days to comment on the emergency plan before 
submitting it to NRC. The Corporation shall provide any comments 
received within the 60 days to the NRC with the emergency plan.


Sec. 76.93  Quality assurance.

    The Corporation shall establish, maintain, and execute a quality 
assurance program satisfying each of the applicable quality assurance 
criteria of ASME NQA-1-1989, ``Quality Assurance Program Requirements 
for Nuclear Facilities''. The Corporation shall execute the applicable 
criteria in a graded approach to an extent that is commensurate with 
the importance to safety.


Sec. 76.95  Training.

    A training program shall be established, implemented, and 
maintained for individuals relied upon to operate, maintain, or modify 
the GDPs in a safe manner. The training program shall be based on a 
``systems approach to training'' (SAT) that includes the following:
    (a) Systematic analysis of the jobs to be performed.
    (b) Learning objectives derived from the analysis which describe 
desired performance after training.
    (c) Training design and implementation based on the learning 
objectives.
    (d) Evaluation of trainee mastery of the objectives during 
training.
    (e) Evaluation and revision of the training based on the 
performance of trained personnel in the job setting.

Subpart E--Safeguards and Security


Sec. 76.111  Physical security, material control and accounting, and 
protection of certain information.

    Nuclear Regulatory Commission regulations that will be used for 
certification of the Corporation2 for physical security and 
material control and accounting are contained in Title 10 of the Code 
of Federal Regulations as described in this subpart. The regulations 
referenced in this subpart contain requirements for physical security 
and material control and accounting for formula quantities of strategic 
special nuclear material (Category I), special nuclear material of 
moderate strategic significance (Category II), and special nuclear 
material of low strategic significance (Category III), and for 
protection of Restricted Data, classified National Security 
Information, Safeguards Information, and information designated by the 
U.S. Department of Energy as Uncontrolled Classified Nuclear 
Information.
---------------------------------------------------------------------------

    \2\For the purpose of this subpart, the terms ``licensee'' or 
``license'' used in Parts 70, 73, and 74 of this chapter, shall 
mean, respectively, the Corporation, or the certificate of 
compliance or approved compliance plan.
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Sec. 76.113  Formula quantities of strategic special nuclear material--
Category I.

    (a) The requirements for material control and accounting for 
formula quantities of strategic special nuclear material (Category I) 
are contained in Secs. 70.51, 74.11, 74.13, 74.15, 74.17. 74.51, 74.53, 
74.55, 74.57, 74.59, 74.81, and 74.82.
    (b) The requirements for physical security for formula quantities 
of strategic special nuclear material (Category I) are contained in 
Secs. 73.20, 73.40, 73.45, 73.46, 73.70, and 73.71.
    (c) The requirements for the protection of Safeguards Information 
pertaining to formula quantity of strategic special nuclear material 
(Category I) are contained in Sec. 73.21. Information designated by the 
U.S. Department of Energy as Uncontrolled Classified Nuclear 
Information shall be protected at a level equivalent to that accorded 
Safeguards Information.


Sec. 76.115  Special nuclear material of moderate strategic 
significance--Category II.

    (a) The requirements for material control and accounting for 
special nuclear material of moderate strategic significance (Category 
II) are contained in Secs. 70.51, 70.52, 70.53, 70.54, 70.57, 70.58, 
74.11. 74.13, 74.15, 74.17, 74.81, and 74.82.
    (b) The requirements for physical security for special nuclear 
material of moderate strategic significance (Category II) are contained 
in Secs. 73.67, and 73.71.


Sec. 76.117  Special nuclear material of low strategic significance--
Category III.

    (a) The requirements for material control and accounting for 
special nuclear material of low strategic significance (Category III) 
are contained in Secs. 70.51, 74.11, 74.13, 74.15, 74.17, 74.33, 74.81, 
and 74.82.
    (b) The requirements for physical security for special nuclear 
material of low strategic significance (Category III) are contained in 
Secs. 73.67, 73.70. 73.71, and 73.74.


Sec. 76.119  Security facility approval and safeguarding of national 
security information and restricted data.

    The requirements for security facility approval and for 
safeguarding of classified matter are contained in part 95 of this 
chapter.

Subpart F--Reports and Inspections


Sec. 76.120  Reporting requirements.

    (a) Immediate report. The Corporation shall notify the NRC 
Operations Center3 within one hour after discovery of:
---------------------------------------------------------------------------

    \3\The commercial telephone number for the NRC Operations Center 
is (301) 951-0550.
---------------------------------------------------------------------------

    (1) A criticality event;
    (2) Any loss, other than normal operating loss, of special nuclear 
material;
    (3) Any theft or unlawful diversion of special nuclear material 
which the Corporation is authorized to possess or any incident in which 
an attempt has been made or is believed to have been made to commit a 
theft or unlawful diversion of special nuclear material.
    (4) An emergency condition that has been declared as an alert, site 
area emergency, or general emergency.
    (b) Four-hour report. The Corporation shall notify the NRC 
Operations Center as soon as possible but not later than 4 hours after 
discovery of an event4 that could prevent immediate protective 
actions necessary to avoid releases, or exposures to radiation or 
radioactive materials that could exceed regulatory limits.
---------------------------------------------------------------------------

    \4\Events may include fires, explosions, radiological releases, 
etc.
---------------------------------------------------------------------------

    (c) Twenty-four hour report. The Corporation shall notify the NRC 
Operations Center within 24 hours after the discovery of any of the 
following events involving radioactive material:
    (1) An unplanned contamination event that:
    (i) Requires access to the contaminated area, by workers or the 
public, to be restricted for more than 24 hours by imposing additional 
radiological controls or by prohibiting entry into the area;
    (ii) Involves a quantity of material greater than five times the 
lowest annual limit on intake specified in appendix B to Secs. 20.1001 
through 20.2402 of 10 CFR part 20 for the material; or
    (iii) Causes access to the contaminated area to be restricted for 
any reason other than to allow isotopes with a half-life of less than 
24 hours to decay to a level that would allow decontamination.
    (2) An event in which equipment is disabled or fails to function as 
designed when:
    (i) The equipment is required to prevent releases, prevent 
exposures to radiation and radioactive materials exceeding specified 
limits, mitigate the consequences of an accident, or restore this 
facility to a preestablished safe condition after an accident;
    (ii) The equipment is required to be available and either should 
have been operating or should have operated on demand; or
    (iii) No redundant equipment is available and operable to perform 
the required safety function.
    (3) An event that requires unplanned medical treatment at a medical 
facility of an individual with radioactive contamination on the 
individual's clothing or body.
    (4) A fire or explosion damaging any radioactive material or any 
device, container, or equipment containing radioactive material when:
    (i) The quantity of material involved is greater than five times 
the lowest annual limit on intake specified in appendix B to 
Secs. 20.1001 through 20.2402 of 10 CFR part 20 for the material; and
    (ii) The damage affects the integrity of the radioactive material 
or its container.
    (d) Record or log requirement. A record or log of all emergency 
actions carried out in response to an emergency plan shall be made and 
retained for a period of 2 years.
    (e) Preparation and submission of reports. Reports made by the 
Corporation in response to the requirements of this section shall be 
made as follows:
    (1) Operations Center reports. The Corporation shall make reports 
required by paragraphs (a), (b) and (c) of this section by telephone to 
the NRC Operations Center. To the extent that the information is 
available at the time of notification, the information provided in 
these reports must include:
    (i) The caller's name and call back telephone number;
    (ii) A description of the event, including date and time;
    (iii) The exact location of the event;
    (iv) The isotopes, quantities, and chemical and physical form of 
the material involved;
    (v) Any personnel radiation exposure data available; and
    (vi) A description of any actions taken in response to the event.
    (2) Written report. A report required by paragraph (a), (b) or (c) 
of this section shall be followed by a written report within 30 days of 
the initial report. Written reports prepared pursuant to other 
regulations may be submitted to fulfill this requirement if the reports 
contain all of the necessary information and the appropriate 
distribution is made. These written reports must be sent to the U.S. 
Nuclear Regulatory Commission, Document Control Desk, Washington, DC. 
20555-0001, with a copy to the NRC Region III Office listed in appendix 
D of part 20 of this chapter and the Resident Inspector. The reports 
must include the following information:
    (i) A description of the event, including the probable cause and 
the manufacturer and model number (if applicable) of any equipment that 
failed or malfunctioned;
    (ii) The exact location of the event;
    (iii) A description of isotopes, quantities and chemical and 
physical form of the material involved;
    (iv) The date and time of the event;
    (v) The causes, including the direct cause, the contributing cause, 
and the root cause;
    (vi) Corrective actions taken or planned and the results of any 
evaluations or assessments;
    (vii) The extent of exposure of individuals to radiation or to 
radioactive materials without identification of individuals by name; 
and
    (viii) Lessons learned from the event.


Sec. 76.121  Inspections.

    (a) The Corporation shall afford to the Commission at all 
reasonable times opportunity to inspect the premises and plants where 
radioactive material is used, produced, or stored.
    (b) The Corporation shall make available to the Commission for 
inspection, upon reasonable notice, records kept pertaining to receipt, 
possession, use, acquisition, import, export, or transfer of 
radioactive material.
    (c)(1) The Corporation shall provide rent-free office space for the 
exclusive use of Commission inspection personnel upon request by the 
Director, Office of Nuclear Material Safety and Safeguards or the NRC 
Region III Administrator. Heat, air conditioning, light, electrical 
outlets, and janitorial services must be furnished by the Corporation. 
The office must be convenient to and have full access to the plant, and 
must provide the inspector both visual and acoustic privacy.
    (2) The space provided must be adequate to accommodate the NRC 
resident inspection staff, a part-time secretary, and transient NRC 
personnel. Space must be generally commensurate with other office 
facilities at the site. The office space that is provided must be 
subject to the approval of the Director, Office of Nuclear Material 
Safety and Safeguards or the NRC Region III Office. All furniture, 
supplies, and communication equipment will be furnished by the 
Commission.
    (3) The Corporation shall afford any NRC resident inspector 
assigned to that site or other NRC inspectors identified by the 
Director, Office of Nuclear Material Safety and Safeguards, as likely 
to inspect the plant, immediate, unfettered access equivalent to access 
provided regular plant employees, following proper identification and 
compliance with applicable access control measures for security, 
radiological protection, and personal safety.


Sec. 76.123  Tests.

    The Corporation shall perform, or permit the Commission to perform, 
any tests the Commission deems appropriate or necessary for 
administration of the requirements in this part. These tests include 
tests of:
    (a) Radioactive material;
    (b) Facilities where radioactive material is utilized, produced or 
stored;
    (c) Radiation detection and monitoring instruments; and
    (d) Other equipment and devices used in connection with the 
production, utilization or storage of radioactive material.

Subpart G--Enforcement


Sec. 76.131  Violations.

    (a) The Commission may obtain an injunction or other court order to 
prevent a violation of the provisions of:
    (1) The Atomic Energy Act of 1954, as amended;
    (2) Title II of the Energy Reorganization Act of 1974, as amended;
    (3) Title XI of the Energy Policy Act of 1992, as amended;
    (4) A regulation or order issued pursuant to those Acts.
    (b) The Commission may obtain a court order for the payment of a 
civil penalty imposed under section 1312(e) of the Atomic Energy Act of 
1954, as amended and section 206 of the Energy Reorganization Act of 
1974, as amended, for a violation of section 206 of the Energy 
Reorganization Act of 1974, as amended.


Sec. 76.133  Criminal penalties.

    (a) Section 223 of the Atomic Energy Act of 1954, as amended, 
provides for criminal sanctions for willful violation of, attempted 
violation of, or conspiracy to violate, any regulation issued under 
sections 161b, 161i, or 161o of the Act. For purposes of section 223, 
all the regulations in part 76 are issued under one or more of sections 
161b, 161i, or 161o except for the sections listed in paragraph (b) of 
this section.
    (b) The regulations in part 76 that are not issued under sections 
161b, 161i, or 161o for the purposes of section 223 are as follows; 
Secs. 76.1, 76.2, 76.4, 76.5, 76.6, 76.23, 76.33, 76.35, 76.37, 76.39, 
76.41, 76.43, 76.45, 76.53, 76.55, 76.60, 76.62, 76.64, 76.70, 76.72, 
76.131, and 76.133.

PART 95--SECURITY FACILITY APPROVAL AND SAFEGUARDING OF NATIONAL 
SECURITY INFORMATION AND RESTRICTED DATA

    20. The authority citation for part 95 is revised to read as 
follows:


    Authority: Secs. 145, 161, 68 Stat. 942, 948, AS AMENDED (42 
U.S.C. 2165, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 
5841); E.O. 10865, as amended, 3 CFR 1959-1963 COMP., p.398 (50 
U.S.C. 401, note); E.O. 12356, 47 FR 14874, April 6, 1982.

    21. Section 95.3 is revised to read as follows:


Sec. 95.3  Scope.

    The regulations in this part apply to licensees and others 
regulated by the Commission, including persons required to obtain a 
certificate of compliance or an approved compliance plan under part 76 
of this chapter, or their contractors, who may require access to 
National Security Information and/or Restricted Data used, processed, 
stored, reproduced, transmitted or handled in connection with a license 
or application for a license, or in connection with a certificate, 
application for a certificate or an approved compliance plan under part 
76 of this chapter.
    22. Section 95.5 is amended by adding the definition of licensee to 
read as follows:


Sec. 95.5  Definitions.

* * * * *
    Licensee means, for the purpose of this part, the holder of a 
license issued pursuant to 10 CFR parts 50, 70, or 72 or the holder of 
a certificate of compliance or approved compliance plan issued under 10 
CFR part 76.
* * * * *
    Dated at Rockville, Maryland, this 4th day of February, 1994.

    For the Nuclear Regulatory Commission.
Samuel J. Chilk,
Secretary of the Commission.

    Note: This appendix will not appear in the Code of Federal 
Regulations.

Appendix A to this Document--United States Enrichment Corporation 
Recommendations for 10 CFR part 76; Standards and Certification 
Process for the Paducah and Portsmouth Gaseous Diffusion Plants

Table of Contents

General Provisions

76.1  Purpose.
76.2  Scope.
76.3  Certification Requirements.
76.4  Definitions.
76.5  Communications.
76.6  Interpretations.
76.7  Employee Protection.
76.9  Completeness and Accuracy of Information.
76.10  Deliberate Misconduct.

Exemptions

76.11  Persons Providing Services Under Certain Department and 
Corporation Contracts.
76.13  Department of Defense.
76.14  Specific Exemptions.

Certificate of Compliance

76.18  Type of Certification.

Application for Initial Certificate of Compliance

76.21  Filing.
76.22  Contents of Initial Application.
76.23  Requirements for the Approval of Initial Application.
76.24  Criticality Accident Requirements.
76.25  Decontamination and Decommissioning.

Certificates of Compliance

76.31  Issuance of an Initial Certificate of Compliance.
76.32  Conditions of Initial Certificate.
76.33  Annual Renewals.
76.34  Amendment of Certificates.
76.35  Commission Action on Applications to Renew or Amend.
76.36  Inalienability of Certificates.
76.37  Disclaimer of Warranties.
76.38  Expiration and Termination of Certificates.
76.39  Submission, Review, and Approval of Department Compliance 
Plans.

Acquisition, Use and Transfer of Radioactive Material, Creditors' 
Rights

76.41  Authorized Use of Radioactive Material.
76.42  Transfer of Radioactive Material.
76.44  Creditor Regulations.

Records, Reports and Inspections

76.50  Reporting Requirements.
76.51  Material Balance, Inventory, and Records Requirements.
76.52  Reports of Accidental Criticality or Loss or Theft or 
Attempted Theft of Special Nuclear Material.
76.53  Material Status Reports.
76.54  Nuclear Material Transfer Reports.
76.55  Inspections.
76.56  Tests.
76.59  Effluent Monitoring Reporting Requirements.

Modification and Revocation of Certificate

76.61  Modification and Revocation of Certificate.
76.62  Suspension in War or National Emergency.
76.71  Violations.
76.72  Criminal Penalties.
76.73  Backfitting.

General Provisions

76.1  Purpose

    (a) The regulations of this part: establish the standards 
necessary to protect the public health and safety from radiological 
hazard and provide for the common defense and security applicable to 
the gaseous diffusion uranium enrichment plants (GDPs) owned by the 
Department of Energy (the Department) and leased to the United 
States Enrichment Corporation (the Corporation); establish 
procedures and criteria governing the process for the issuance of 
Certificates of Compliance (Certificates) for the GDPs to the 
Corporation with respect to such standards; and establish and 
provide for the terms and conditions upon which the Commission will 
issue Certificates, or other approvals with respect to the GDPs. The 
regulations in this part also apply to any person to which transfer 
of ownership of the Corporation is made pursuant to section 1502 of 
the Atomic Energy Act of 1954, as amended.
    (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 Title M of the Energy Policy Act of 1992 (106 Stat. 
2952).
    (c) In addition to the regulations in this part, the additional 
standards set forth in the following regulations are specifically 
applicable to the GDPs in accordance with their terms and are 
incorporated by reference herein:
    (i) 10 CFR part 19 Notices, Instructions, and Reports to 
Workers; Inspections.
    (ii) 10 CFR part 20 Standards for Protection Against Radiation.
    (iii) 10 CFR part 21 Reporting of Defects and Noncompliance.
    (iv) 10 CFR part 51 Environmental Protection Regulation for 
Domestic Licensing and Related Regulatory Functions.
    (vi) 10 CFR part 71 Packaging and Transportation of Radioactive 
Material.
    (vii) 10 CFR part 170 Fees for Facilities and Materials Licenses 
and Other Regulatory Services Under the Atomic Energy Act of 1954, 
as Amended.
    (d) In addition to the regulations in this part and those cited 
in 76.1(c), the additional standards set forth in the following 
regulations, with the noted amendments, are specifically applicable 
to the GDPs to the extent they are referenced within this part.
    (i) 10 CFR part 30 Rules of General Applicability to Domestic 
Licensing of Byproduct Material.
    10 CFR 30.41(b) is amended to include the following:
    (8) To any person certified under 10 CFR 76.
    (ii) 10 CFR part 40 Domestic Licensing of Source Material.
    10 CFR 40.51(b) is amended to include the following:
    (8) To any person certified under 10 CFR 76.
    (iii) 10 CFR part 73 Physical Protection of Plants and 
Materials.
    (iv) 10 CFR part 74 Material Control and Accounting of Special 
Nuclear Material.
    For purposes of the requirements in this part, 10 CFR 
74.33(c)(4)(i) is modified to read: ``Performing, unless otherwise 
required to satisfy part 75 of this chapter, a dynamic (nonshutdown) 
physical inventory of in-process gaseous (e.g., in the enrichment 
equipment) uranium and U235 at least every 65 days, and 
performing a static physical inventory of all other uranium and 
total U235 contained in natural, depleted, and enriched uranium 
located outside of the enrichment processing equipment at least 
every 370 calendar days, with static physical inventories being 
conducted in conjunction with a dynamic physical inventory of in-
process gaseous uranium and U235 so as to provide a total plant 
material balance at least every 370 calendar days; and''
    10 CFR 74.33(c)(6)(ii) is modified to read: ``Items are stored 
and handled, or subsequently measured, in a manner so that 
unauthorized removal of 500 grams or more of U235, as 
individual items or as uranium contained in items, will be detected. 
Exempted from the requirements of paragraph (c)(6) (i) and (ii) of 
this section are licensed-identified items each containing less than 
500 grams U235 up to a cumulative total of 50 kilograms of 
U235 and items that exist for less than 14 calendar days; and 
containers that are not man portable (e.g., weigh more than 500 
pounds) and contain uranium in the form of UF6.''

76.2  Scope

    Except as provided in Secs. 76.11 to 76.13, inclusive, the 
regulations in this part apply to the operation of the GDPs and the 
ownership, acquisition, delivery, receipt, possession, use, 
processing, and transfer of byproduct material, source material, and 
SNM in connection with such operation of the GDPs.

76.3  Certification Requirements

    No person subject to the regulations in this part shall operate 
the GDPs, except as authorized pursuant to a Certificate or other 
approval issued by the Commission pursuant to these regulations.

76.4  Definitions

    Act means the Atomic Energy Act of 1954 (68 Stat. 919), 
including any amendments thereto;
    Agreement State, as designated in part 150 of this chapter 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 weapon means any device utilizing atomic energy, 
exclusive of the means for transporting or propelling the device 
(where such means is a separable and divisible part of the device), 
the principal purpose of which is for use as, or for development of, 
a weapon, a weapon prototype, or a weapon test device.
    Byproduct material means any radioactive material (except 
special nuclear material) yielded in or made radioactive by exposure 
to the radiation incident to the process of producing or utilizing 
special nuclear material.
    Certificate of Compliance means a certificate issued by the 
Nuclear Regulatory Commission, in consultation with the 
Environmental Protection Agency, pursuant to section 1701 of the 
Atomic Energy Act of 1954, as amended, containing a finding of 
compliance with standards provided in this part and authorizing all 
activities approved under this certificate.
    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.
    Contiguous sites means corporation-controlled locations, deemed 
by the Commission to be close enough in proximity to each other that 
the SNM must be considered in the aggregate for the purpose of 
physical protection.
    Decommission means to remove (as a facility) safely from service 
and reduce residual radioactivity in accordance with criteria in the 
lease agreement between the Department of Energy and the 
Corporation.
    Department and Department of Energy means the Department of 
Energy Organization Act (i.e., 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, member, 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 (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).
    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. Weighing factors are: 0.25 for gonads, 0.15 for breast, 
0.12 for red bone marrow, 0.12 for lungs, 0.03 for thyroid, 0.03 for 
bone surface, and 0.06 for each of the other five organs receiving 
the highest dose equivalent.
    Effective kilograms of SNM means (1) for plutonium and uranium-
233 their weight in kilograms; (2) For uranium with an enrichment in 
the isotope U-235 of 0.01 (1%) and above, its element weight in 
kilograms multiplied by the square of its enrichment expressed as a 
decimal weight fraction; and (3) For uranium with an enrichment in 
the isotope U-235 below 0.01(1%), by its element weight in kilograms 
multiplied by 0.0001.
    Formula quantity means strategic SNM in any combination in a 
quantity of 5000 grams or more computed by the formula, grams=(grams 
contained U235) + 2.5 (grams U233 + grams plutonium). This 
class of material is sometimes referred to as a Category I quantity 
of material.
    Government agency means any executive department, commission, 
independent establishment, corporation, wholly or partly owned by 
the United States of America which is an instrumentality of the 
United States, or any board, bureau, division, service, office, 
officer, authority, administration, or other establishment in the 
executive branch of the Government.
    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, any 
State 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.
    Produce, when used in relation to SNM, means (1) to manufacture, 
make, produce, or refine SNM; (2) to separate SNM from other 
substances in which such material may be contained; or (3) to make 
or to produce new SNM.
    Restricted Data means all data concerning (1) design, 
manufacture or utilization of atomic weapons; (2) the production of 
SNM; or (3) the use of SNM in the production of energy, but shall 
not include data declassified or removed from the Restricted Data 
category pursuant to section 142 of the Act.
    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.
    SNM 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 SNM but does not include source material; or (2) 
any material artificially enriched by any of the foregoing but does 
not include source material.
    SNM of low strategic significance means (1) Less than an amount 
of SNM of moderate strategic significance, as defined in paragraph 1 
of the definition of SNM of moderate strategic significance in this 
section, but more than 15 grams of uranium-235 (contained in uranium 
enriched to 20 percent or more in the U235 isotope) or 15 grams 
of U235 or 15 grams of plutonium or the combination or 15 grams 
when computed by the equation, grams=(grams containing 
U235)+(grams plutonium)+(grams U233) or (2) Less than 
10,000 grams but more than 1,000 grams of U235 (contained in 
uranium enriched above natural but less than 10 percent in the 
U235 isotope). 10,000 grams or more of U235 (contained in 
uranium enriched above natural, but less than 10 percent in the 
U235 isotope). This class of material is sometimes referred to 
as a Category rn quantity of material.
    SNM of moderate strategic significance (MSS/SNM) means (1) Less 
than a formula quantity of strategic special nuclear material but 
more than 1,000 grams of U235 (contained in uranium enriched to 
20 percent or more in the U235 isotope) or more than 500 grams 
of U235 or plutonium, or in a combined quantity of more than 
1,000 grams when computed by the equation, grams=(grams contained 
U235 (grams U233+grams plutonium); or (2) 10,000 grams or 
more of U235 (contained in uranium enriched to 10 percent or 
more, but less than 20 percent in the U235 isotope). This class 
of material is sometimes referred to as a Category II quantity of 
material.
    SNM scrap means the various forms of SNM 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 SNM means uranium-235 (contained in uranium enriched 
to 20 percent or more in U235 isotope), uranium-233, or 
plutonium.
    Transient shipment means a shipment of nuclear material, 
originating and terminating in foreign countries, on a vessel or 
aircraft which stops at a United States port.
    United States, when used in a geographical sense, means Puerto 
Rico and all territories and possessions of the United States.
    United States Enrichment Corporation, Corporation, and USEC mean 
the corporation formed by section 1301 of the Atomic Energy Act of 
1954, as amended, to operate the gaseous diffusion plants at 
Portsmouth, Ohio and Paducah, Kentucky.
    Uranium enrichment facility means (1) Any facility used for 
separating the isotopes of uranium or enriching uranium in the 
U235 isotope, except laboratory scale facilities designed or 
used for experimental or analytical purposes only; or
    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 UPS isotope.

76.5  Communications

    (a) Any communication or report concerning the regulations in 
this part and any application filed under these regulations may be 
submitted to the Commission as follows:
    (1) By mail addressed to: Director, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555.
    (2) By delivery in person to the Commission's offices to the 
Director, Office of Nuclear Materials and Safeguards at:
    (i) 2120 L Street NW., Washington, DC; or
    (ii) 11555 Rockville Pike, One White Flint North, Rockville, MD.

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.

76.7  Employee Protection

    (a) Discrimination by the Corporation or a contractor or 
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 
violation: 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 proceeding, or before Congress, or at any 
General or State proceeding regarding any provision (or proposed 
provision) or either of the above statutes.
    (v) Assisting or participating in, or is about to assist or 
participate in, these 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. The employee may do this 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 of 
Compliance.
    (2) Imposition of a civil penalty on the Corporation.
    (3) Other enforcement action.
    (d) Actions taken by an employer, or others, which adversely 
affect an employee may be predicated upon nondiscriminatory 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 non-prohibited considerations.
    (e)(1) The Corporation shall prominently post the revision of 
NRC Form 3, ``Notice to Employees,'' referenced in 10 CFR 19.11(c).
    (2) The Corporation is expected to notify its contractors of the 
prohibition against discrimination for engaging in protected 
activities.
    (3) The posting of NRC Form 3 must be 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 30 days after an application is docketed and remain 
posted while the application is pending before the Commission, 
during the term of the license, and for 30 days following license 
termination.

    Note: Copies of NRC Form 3 may be obtained by writing to the 
Regional Administrator of the appropriate U.S. Nuclear Regulatory 
Commission Regional Office listed in Appendix D of Part 20 of this 
chapter or by contacting the NRC Information and Records Management 
Branch (telephone no. 301-492-8138).

    (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 Commission or to 
his or her employer on potential violations or the matters within 
the Commission's regulatory responsibilities.

76.9  Completeness and Accuracy of Information

    (a) Information provided to the Commission by the Corporation or 
information required by statute or by the Commission's regulations, 
orders, or conditions of the certificate to be maintained by the 
Corporation shall be complete and accurate in all material respects.
    (b) The Corporation shall notify the Commission of information 
identified by the Corporation 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 shall be provided to the Administrator of the 
appropriate Regional Office within two 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.

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, of the Corporation, 
who knowingly provides to the Corporation, 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, issued by the Commission, or
    (2) Deliberately submit to the Commission, the Corporation, or 
the Corporation's contractor or subcontractor, information that the 
person submitting the information knows to be incomplete or 
inaccurate in some respect material to the Commission.
    (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.
    (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 any 
certificate issued by the Commission, or
    (2) Constitutes a violation of a requirement, procedure, 
instruction, contract, purchase order or policy of the Corporation, 
it's contractor, to r subcontractor.

Exemptions

76.11  Persons Providing Services Under Certain Department and 
Corporation Contracts

    (a) Any prime contractor of the Corporation is exempt from the 
requirements for a license set forth in sections 53, 62, 63, 64, 81, 
and 82 of the Act and from the requirement for a Certificate set 
forth in this part to the extent that such contractor, under his 
prime contract with the Corporation, operates the GDPs or receives 
title to owns, acquires, delivers, receives, possesses, uses, or 
transfers byproduct material, source material, or SNM: (1) In 
connection with the operation of the GDPs on behalf of the 
Corporation; or (2) for the performance of other work for the 
Corporation with respect to the GDPs, including the transportation 
of byproduct material, source material, or SNM to or from a GDP site 
and the performance of contract services during temporary 
interruptions of such transportation.
    (b) Any prime contractor or subcontractor of the Department is 
exempt from the requirements for a license set forth in sections 53, 
62, 63, 64, 81, and 82 of the Act and from the regulations in this 
part to the extent that such prime contractor or subcontractor 
receives title to, owns, acquires, delivers, receives, possesses, 
uses, or transfers byproduct material, source material, or SNM at 
the GDPs under his prime contract or subcontract when the Commission 
determines that the exemption of the prime contractor or 
subcontractor is authorized by law; and that, under the terms of the 
contract or subcontract there is adequate assurance that the work 
thereunder can be accomplished without undue risk to the public 
health and safety.

76.13  Department of Defense

    The regulations in this part do not apply to the Department of 
Defense to the extent that the Department receives, possesses, and 
uses SNM from the GDPs in accordance with the direction of the 
President pursuant to Section 91 of the Act.

76.14  Specific Exemptions

    (a) The Commission may, upon application by the Corporation or 
upon its own initiative, grant such exemptions from the requirements 
of the regulations in this part 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.
    (b) The Department is exempt from the requirements of the 
regulations in this part in its capacity as owner/lessor of the 
GDPs.

Certificate of Compliance

76.18  Type of Certification

    An initial Certificate of Compliance will be issued to the 
United States Enrichment Corporation (USEC) upon approval of an 
application filed pursuant to the regulations in this part as 
described in 10 CFR 76.21 below. Annual renewals of the Certificate 
of Compliance will be issued according to the requirements in 10 CFR 
76.33, Annual Renewals.

Application for Initial Certificate of Compliance

76.21  Filing

    (a)(1) The Corporation may apply for an initial Certificate of 
Compliance to operate the GDPs by filing 25 copies of the 
application in accordance with the instructions in 10 CFR 76.5.
    (2) Information contained in previous applications, statements, 
or reports filed with the Commission may be incorporated by 
reference if the references are clear and specific.
    (b) An application for a Certificate of Compliance filed 
pursuant to the regulations in this part will be in lieu of an 
application authorizing other activities for which a license would 
otherwise be required.
    (c) Any application which contains Restricted Data shall be 
prepared in such manner that all Restricted Data are separated from 
the unclassified information.
    (d) Applications and documents submitted to the Commission in 
connection with applications may be made available for public 
inspection in accordance with the provisions of the regulations 
contained in part 2 of this chapter.
    (e) The initial application for a Certificate shall be 
accompanied by the fee prescribed in Sec. 170.31 of this chapter. No 
fee will be required to accompany an application for renewal or 
amendment of a Certificate, except as provided in Sec. 170.31 of 
this chapter.
    (f) In response to a written request by the Commission, the 
Corporation shall file with the Commission the installation 
information described in 10 CFR 75.11 of this chapter on Form N-71. 
The Corporation shall also permit verification of such installation 
information by the International Atomic Energy Agency and take such 
other action as may be necessary to implement the US/IAEA Safeguards 
Agreement, in the manner set forth in 75.6 and 75.11 through 75.14 
of this chapter.

76.22  Contents of Initial Application

    (a) The application for an initial Certificate of Compliance 
shall contain the following information:
    (1) The full name of the corporation, the State where it was 
incorporated or organized, the location of the 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,
    (2) The activity, purpose, location, and plan of operation.
    (3) The technical qualifications including training and 
experience of the applicant and members of his staff to engage in 
the proposed activities.
    (4) A description of equipment to protect health and safety and 
environment including handling devices, working areas, shields, 
measuring and monitoring instruments, devices for the disposal of 
radioactive effluents and wastes, storage facilities, criticality 
accident alarm systems, etc.
    (5) Proposed procedures to protect health and minimize danger to 
life or property (such as procedures to avoid accidental 
criticality, procedures for personnel monitoring and waste disposal, 
post criticality accident emergency procedures, etc.).
    (b) The application for a Certificate of Compliance must contain 
a full description of the Corporation's program for control and 
accounting of such SNM or enrichment equipment that will be in the 
Corporation's possession under the certificate to show how 
compliance with the requirements of 74.33 (Nuclear Material Control 
and Accounting for Uranium Enrichment Facilities Authorized to 
Produce SNM of Low Strategic Significance), of this chapter will be 
accomplished.
    (c) The Commission may at any time after the filing of the 
original application, and before the expiration of the certificate, 
require further statements in order to enable the Commission to 
determine whether the certificate should be granted or denied or 
whether a certificate should be modified or revoked. All 
applications and statements shall be signed by a corporate officer 
of the Corporation.
    (d) The application and statement shall contain complete and 
accurate disclosure as to all matters and things required to be 
disclosed.
    (e) In addition to the other information required by this 
section, the application for a certificate of compliance shall 
contain mechanistic accidents and events and shall be a revision of 
the type of analysis in the final safety analysis reports (FSARs) 
prepared in 1985 that were relied on by the Department. These FSARs 
contain analyses of anticipated occurrences and accidents with a 
focus on mechanistic accidents and events. The FSAR analyses also 
address external events and natural phenomena. The FSAR shall be 
revised, as necessary, to include changes made in the facility or 
procedures as described in the FSAR since its preparation. The FSAR 
shall be current a maximum of 6 months prior to the date of filing 
the revisions. Proposed operating limits based on the analyses in 
the FSARs shall also be submitted in the application in the form of 
revised operational safety limits. The application shall also 
contain a description of the quality assurance program to be applied 
to the safety related functions of plant operation.
    (f)(1) The application for a Certificate of Compliance that 
would authorize the transport or delivery to a carrier for transport 
of SNM of moderate or low strategic significance (per 73.1(b) (2) of 
this chapter) must include (i) a description of the plan for 
physical protection of SNM in transit in accordance with 73.67(a), 
and (g) for 10 kg or more of SNM of low strategic significance, as 
appropriate, a plan for the selection, qualification, and training 
of armed escorts or the specification and design of a specially 
designed truck or trailer, and (ii) the Corporation's safeguards 
contingency plan or response procedures, as appropriate, for dealing 
with threats, thefts, and radiological sabotage relating to the SNM 
in transit.
    (2) The Corporation shall retain the description of the plan for 
physical protection of the SNM in transit and the safeguards 
contingency plan or safeguards response procedures and each change 
to the plan or procedures as a record for a period of three years 
following the date on which the Corporation last possessed the 
appropriate type and quantity of SNM requiring this record under 
each certificate.
    (g)(1) The application for a Certificate of Compliance must 
contain an emergency plan for responding to the radiological hazards 
of an accidental release of SNM and to any associated chemical 
hazards directly related to the release of the SNM.
    (2) Emergency plans submitted under paragraph (g)(1) of this 
section must include the following information:
    (i) Facility descriptions.
    (ii) Types of accidents considered. An identification of each 
type of radioactive materials accident for which protective actions 
may be needed.
    (iii) Classification of accidents. A classification system for 
classifying accidents as alerts or site area emergencies.
    (iv) Detection of accidents. Identification of the means of 
detecting each type of accident in a timely manner.
    (v) Mitigation of consequences. A brief description of the means 
and equipment for mitigating the consequences of each type of 
accident, including those provided to protect workers onsite, and a 
description of the program for maintaining the equipment.
    (vi) Assessment of releases. A brief description of the methods 
and equipment to assess releases of radioactive materials.
    (vii) Responsibilities. A brief description of the 
responsibilities of the Corporation's staff, should an accident 
occur, including identification of personnel responsible for 
promptly notifying off-site response organizations and the 
Commission; also responsibilities for developing, maintaining, and 
updating the plan.
    (viii) Notification and coordination. A commitment to, and a 
brief description of, the means to promptly notify offsite response 
organizations and request offsite assistance, including medical 
assistance for the treatment of contaminated injured onsite workers 
when appropriate. A control point must be established. The 
notification and coordination must be planned so that unavailability 
of some personnel, parts of the facility and some equipment will not 
prevent the notification and coordination. The Corporation shall 
also commit to notify the Commission operations center immediately 
after notification of the appropriate offsite response organizations 
and not later than one hour after the Corporation declares an 
emergency.
    (ix) Information to be communicated. A brief description of the 
types of information on facility status, radioactive releases, and 
recommended protective actions, if necessary, to be given to offsite 
response organizations and to the Commission.
    (x) Training. A brief description of the frequency, performance 
objectives and plans for the training that the Corporation will 
provide workers on how to respond to an emergency including any 
special instructions and orientation tours the Corporation would 
offer to fire, police, medical and other emergency personnel. The 
training shall familiarize personnel with site-specific emergency 
procedures. Also, the training shall thoroughly prepare site 
personnel for their responsibilities in the event of accident 
scenarios postulated as most probable for the specific site, 
including the use of team training for such scenarios.
    (xi) Safe condition. A brief description of the means of 
restoring the facility to a safe condition after an accident.
    (xii) Exercises. Provisions for conducting quarterly 
communications checks with offsite response organizations and 
biennial onsite exercises to test response to simulated emergencies. 
Quarterly communications checks with offsite response organizations 
must include the check and update of all necessary telephone 
numbers. The Corporation shall invite offsite response organizations 
to participate in the biennial exercises. Participation of offsite 
response organizations in biennial exercises, although recommended, 
is not required. Exercises must use accident scenarios postulated as 
most probable for the specific site and the scenarios shall not be 
known to most exercise participants. The Corporation shall critique 
each exercise using individuals not having direct implementation 
responsibility for the plan. Critiques of exercises must evaluate 
the appropriateness of the plan, emergency procedures, facilities, 
equipment, training of personnel, and overall effectiveness of the 
response. Deficiencies found by the critiques must be corrected.
    (xiii) Hazardous chemicals. A certification that the Corporation 
has met its responsibilities under the Emergency Planning and 
Community Right-to-Know Act of 1986, Title m, Public Law 99-499, if 
applicable to the Corporation's activities at the proposed place of 
use of the SNM.
    (h) The application for a Certificate of Compliance must include 
a fixed site physical security plan that demonstrates how the 
Corporation plans to meet the requirements of 73.67(f) and (g) as 
appropriate, of this chapter. The Corporation shall retain a copy of 
this physical security plan as a record for the period during which 
the certificant possesses the appropriate type and quantity of SNM 
requiring this record under the certificate and each change to the 
plan for three years after the change.
    (i) The application for a Certificate of Compliance must include 
sufficient information pursuant to 51.41, to enable the Commission 
to prepare an environmental assessment in accordance with 51.30.

76.23  Requirements for the Approval of Initial Application

    (a) An application for an initial Certificate of Compliance will 
be approved if the Commission determines that:
    (1) The Corporation and it's staff is qualified by reason of 
training or experience to operate the GDPs in accordance with the 
regulations in this chapter,
    (2) The Corporation's proposed equipment and facilities are 
adequate to protect health and minimize danger to life or property.
    (3) The Corporation's proposed procedures to protect health and 
to minimize danger to life or property are adequate,
    (4) Where the Corporation is required to submit a summary 
description of the fundamental material controls provided in his 
procedures for the control and accounting for SNM pursuant to 
76.22(b), the Corporation's proposed controls are adequate,
    (5) Where the Corporation is required to submit a physical 
security plan (for protection of SNM in transit) pursuant to 
76.22(f) of this chapter, the Corporation's proposed plan is 
adequate,
    (6) Where the Corporation is required to submit a physical 
security plan (for protection of SNM at a fixed site) pursuant to 
76.22(h), the Corporation's proposed plan is adequate,
    (7) The Corporation's proposed emergency plans are adequate.

76.24  Criticality Accident Requirements

    (a) The application must include provisions to maintain, in each 
area in which over 700 grams of contained U\235\ is handled, used, 
or stored, a monitoring system meeting the requirements of either 
paragraph (a)(1) or (a)(2), as appropriate, and using gamma or 
neutron-sensitive radiation detectors which will energize dearly 
audible alarm signals if accidental criticality occurs. This section 
is not intended to require monitoring systems when SNM is being 
transported when packaged in accordance with the requirements of 
part 71 of this chapter.
    (1) The monitoring system shall be capable of detecting a 
criticality that produces an absorbed dose in soft tissue of 20 rads 
of combined neutron and gamma radiation at an unshielded distance of 
2 meters from the reacting material within one minute. Coverage of 
all areas shall be provided by two detectors, or
    (2) Facilities in operation prior to December 6, 1974, in 
accordance with provisions of the Act (and operated for the 
Department), may maintain a monitoring system capable of detecting a 
criticality which generates radiation levels of 300 rems per hour 
one foot from the source of the radiation. The monitoring devices in 
the system shall have a preset alarm point of not less than 5 
millirems per hour (in order to avoid false alarms) nor more than 20 
millirems per hour. In no event may any such device be farther than 
120 feet from the SNM being handled, used, or stored; lesser 
distances may be necessary to meet the requirements of this 
paragraph (a)(2) on account of intervening shielding or other 
pertinent factors.
    (3) The Corporation shall maintain emergency procedures for each 
area in which this SNM is handled, used, or stored to ensure that 
all personnel withdraw to an area of safety upon the sounding of the 
alarm. These procedures must include designation of responsible 
individual, the conduct of drills to familiarize personnel with the 
evacuation plan, and placement of radiation survey instruments in 
accessible locations for use in such an emergency. The Corporation 
shall retain a copy of current procedures for each area as a record 
for as long as SNM is handled, used, or stored in the area. The 
Corporation shall retain any superseded portion of the procedures 
for three years after the portion is superseded.
    (b) The Corporation shall:
    (1) Provide the means for identifying quickly which individuals 
have received doses of 10 rads or more,
    (2) Maintain facilities and supplies at the site for 
decontamination of personnel, arrangements for the services of a 
physician and other medical personnel qualified to handle radiation 
emergencies, arrangements for transportation of injured or 
contaminated individuals to treatment facilities, and arrangements 
for treatment of individuals at treatment facilities outside the 
site boundary.
    (c) Upon a showing by the Corporation that good cause exists for 
an exemption in whole or in part from the requirements of this 
section the Corporation may apply to the Commission for such 
exemption. Such application shall specify his reason for the relief 
requested.

76.25  Decontamination and Decommissioning

    Decontamination and decommissioning of the GDPs shall be the 
responsibility of the Department in accordance with Sections 1801-
1803 of the Atomic Energy Act, as amended. Funding for such 
activities shall be provided from the Uranium Enrichment 
Decontamination and Decommissioning Fund established in the Treasury 
of the United States pursuant to the provisions of such Act and 
pursuant to separate arrangements between the Department and the 
Corporation.

Certificates of Compliance

76.31  Issuance of an Initial Certificate of Compliance

    (a) Upon a determination by the Commission, in consultation with 
the Environmental Protection Agency, that an application submitted 
by the Corporation for a Certificate for the GDPs substantially 
meets the standards contained in this part, the Commission will 
issue a Certificate of Compliance for the GDPs with such conditions 
and limitations as the Commission deems necessary to effectuate the 
purposes of the Act.
    (b) This Certificate shall [subject to the provision of 
Sec. 76.41(b)] be deemed to authorize the Corporation to operate the 
GDPs and to receive title to, own, acquire, receive, possess, use, 
process, and transfer source, and SNM in connection with such 
operation.
    (c) No Certificate will be issued by the Commission if the 
Commission finds that the issuance of such Certificate would be 
inimical to the common defense and security or would constitute an 
unreasonable risk to the health and safety of the public.
    (d) The Commission will provide notice of each such application 
pursuant to 10 CFR 2.804(a) and afford interested persons an 
opportunity to submit written comments on the application pursuant 
to 10 CFR Sec. 2.805(a). Should the Commission determine that 
hearings on the application are necessary, such hearings shall be 
conducted in accordance with 10 CFR Sec. 2.805(b).

76.32  Conditions of Initial Certificate

    (a) The Certificate of Compliance shall contain and be subject 
to the following conditions:
    (1) No right to the source material, byproduct material, or SNM 
used or produced shall be conferred by the Corporation except as 
defined by the certificate,
    (2) Neither the certificate nor any right under the certificate 
shall be assigned or otherwise transferred in violation of the 
provisions of the Act,
    (3) All SNM shall be subject to the right of recapture reserved 
by section 108 of the Act and to all other applicable provisions of 
the Act.
    (4) No source material, byproduct material, or SNM may be used 
in any utilization or production facility except in accordance with 
the provisions of the Act,
    (5) The Corporation shall not use the source material, byproduct 
material, or SNM to construct an atomic weapon or any component of 
an atomic weapon,
    (6) The certificate shall be subject to, and the Corporation 
shall observe, the applicable rules, regulations and orders of the 
Commission referenced within this section.
    (b) The Commission may incorporate in any certificate such 
additional conditions and requirements with respect to the 
Corporation's ownership, receipt, possession, use, and transfer of 
source material, byproduct material, or SNM in connection with the 
operation of the GDPs as it deems appropriate or necessary in order 
to;
    (1) Promote the common defense and security,
    (2) Protect health or to minimize danger to life or property,
    (3) Guard against the loss or diversion of SNM,
    (4) Require such reports and the keeping of such records, and to 
provide for such inspections of activities under the certificate as 
may be necessary or appropriate to effectuate the purposes of the 
act and regulations thereunder.
    (c)(1) The Certificate of Compliance shall contain and be 
subject to a condition requiring the Corporation to maintain and 
follow;
    (i) The program for control and accounting of uranium source 
material at a uranium enrichment facility or SNM and fundamental 
nuclear material controls implemented pursuant to 76.22(b), or 
74.33(b), of this chapter, as appropriate,
    (ii) The measurement control program for uranium source material 
at a uranium enrichment facility or SNM control and accounting 
implemented pursuant to 74.33(b) of this chapter, and
    (iii) Such other material control procedures as the Commission 
determines to be essential for the safeguarding of uranium source 
materials at a uranium enrichment facility or of SNM and providing 
that the Corporation shall make no change that would decrease the 
effectiveness of the material control and accounting program 
implemented pursuant to 76.22(b), or 74.33(b), of this chapter and 
the measurement control program implemented pursuant to 74.33(b), of 
this chapter without the prior approval of the Commission. A 
certificant desiring to make such changes shall submit an 
application for amendment to its certificate pursuant to 76.34.
    (2) The Corporation shall maintain records of changes to the 
material control and accounting program made without prior 
Commission approval for a period of 5 years from the date of the 
change. The Corporation shall furnish to the Director, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, a report containing a description 
of each within six months of the change.
    (d) The Corporation shall make no change which would decrease 
the effectiveness of the plan for physical protection of SNM in 
transit prepared pursuant to 76.22(f) of this chapter without the 
prior approval of the Commission.
    (i) Should the Corporation desire to make such a change it shall 
submit an application for an amendment to the certificate pursuant 
to 76.34 of this chapter.
    (ii) The Corporation may make changes to the plan for physical 
protection of SNM without prior Commission approval if these changes 
do not decrease the effectiveness of the plan.
    (iii) A report containing a description of each change must be 
furnished to the Director of Nuclear Material Safety and Safeguards, 
U.S. NRC, Washington, DC 20555, with a copy to the appropriate NRC 
Regional Office within two months after the change.
    (e) The Corporation shall make no change which would decrease 
the effectiveness of a fixed site security plan prepared pursuant to 
76.22(h) without the prior approval of the Commission.
    (i) Should the Corporation desire to make such a change, it 
shall submit an application for an amendment to its certificate 
pursuant to 76.34,
    (ii) The Corporation shall maintain records of changes to the 
plan made without prior Commission approval, for three years from 
the effective date of the change,
    (iii) A report containing a description of each change must be 
furnished the Director of Nuclear Material Safety and Safeguards, 
U.S. NRC, Washington, DC 20555, with a copy to the appropriate NRC 
Regional office within two months after the change.
    (f) The Corporation shall prepare and maintain safeguards 
contingency plan procedures in accordance with appendix C to part 73 
of this chapter for effecting the actions and decisions contained in 
the Responsibility Matrix of its safeguard contingency plan. The 
Corporation shall retain a copy of the safeguards contingency plan 
procedures as a record for the period during which the Corporation 
possesses the appropriate type and quantity of SNM requiring this 
record under the certificate for which the procedures were developed 
and each change to the plan for three years from the effective date 
of the change. The Corporation shall make no change that would 
decrease the safeguards effectiveness of the first four categories 
of information (Background, Generic Planning Base, Licensee Planning 
Base, and Responsibility Matrix) contained in the Corporation's 
safeguards contingency plan prepared pursuant to 76.22(f) of this 
chapter without the prior approval of the Commission. Should the 
Corporation desire to make such a change it shall submit an 
application for amendment to its certificate pursuant to 76.34. The 
Corporation may make changes to its safeguards contingency plan 
without prior Commission approval if the changes do not decrease the 
safeguards effectiveness of the plan.
    (g) The Corporation shall follow the emergency plan submitted in 
accordance with 76.22(g) as approved by the Commission. The 
Corporation may change the approved plan, without Commission 
approval, if the changes do not decrease the effectiveness of the 
plan. Proposed changes that decrease the effectiveness of the 
approved emergency plan may not be implemented without prior 
application to and prior approval by the Commission. The Corporation 
shall furnish the Director of NMSS and the appropriate NRC Regional 
Office and the affected offsite response organizations, a copy of 
each change within 60 days after the change is made.

76.33  Annual Renewals

    (a) After issuance by the Commission of the initial Certificate, 
the Corporation shall file an annual application for renewal. Such 
annual applications shall be filed in accordance with Sec. 76.21. 
The first renewal application shall be filed at least 30 days prior 
to the end of the calendar year following the year of issuance of 
the initial certificate. Thereafter, renewal applications shall be 
filed no later than 30 days prior to the end of each subsequent 
calendar year. Renewal applications shall contain revisions to the 
FSAR on a replacement page basis and a list that identifies current 
pages of the FSAR following page replacement. This submittal shall 
bring the FSAR up to date as of a maximum of 6 months prior to the 
date of filing the revision. Information contained in previous 
applications, statements, or reports filed with the Commission may 
be incorporated by reference; provided that such references are dear 
and specific.
    (b) In any case in which the Corporation has obtained a 
Certificate and has filed an application for renewal in accordance 
with subsection (a), the Corporation's existing Certificate shall 
not expire until the Corporation's most recent application has been 
evaluated and a final determination made by the Commission.
    (c) An application for renewal shall be subject to Secs. 76.22 
(c) and (d) and 76.31(d) and shall contain the following 
information:
    (1) An identification of any significant changes since the prior 
application to the information required for the initial application 
by Sec. 76.22(a);
    (2) A revision of the FSAR, on a replacement page basis, 
reflecting, as necessary, changes in the facility or procedures 
since its last revision in accordance with Sec. 76.22(e); and
    (3) A revision of the description of its QA program to be 
applied to the safety related functions of plant operation, on a 
replacement page basis, in accordance with Sec. 76.22(e).

76.34  Amendment of Certificates

    (a) Applications for amendment of a Certificate of Compliance 
shall be filed in accordance with 76.21(a) and shall specify the 
respects in which the Corporation desires the certificate to be 
amended and the grounds for such amendment.
    (b) The Corporation shall make no change to the Paducah or 
Portsmouth GDPs or procedures as described in the application, nor 
conduct tests or experiments not described in the application, 
without prior Commission approval unless such changes, tests or 
experiments do not reduce the safety or safeguards effectiveness of 
the facility.
    (c) The safety effectiveness of the facility shall be deemed to 
be reduced if: (a) The probability of occurrence or the consequences 
of an accident or malfunction of safety-related equipment previously 
evaluated in the application may be increased, (b) a possibility for 
an accident or malfunction of a different type than any evaluated 
previously in the application may be created, or (c) the margin of 
safety in any operating limit is reduced.
    (d) The safeguards effectiveness of the facility shall be deemed 
to be reduced if: (a) The probability of unauthorized increased 
enrichment is increased, or (b) the probability of theft or 
diversion of SNM is increased.
    (e) The Corporation shall maintain records of changes that are 
made to the facility without prior approval for a period of five 
years from the date of the change and shall furnish the Director, 
Office of Nuclear Material Safety and Safeguards, with a report 
summarizing each change every two years. Subsequent revisions shall 
reflect all changes up to a maximum of one year prior to the date of 
filing.

76.35  Commission Action on Applications to Renew or Amend

    (a) In considering an application by the Corporation to renew 
the Certificate of Compliance, the Commission will apply the 
criteria set forth in 76.23(a)(1)-(3).
    (b) In considering an application by the Corporation to amend 
the Certificate of Compliance, the Commission will apply the 
criteria set forth in 76.23 as applicable.

76.36  Inalienability of Certificates

    The certificate granted under the regulations in this part, and 
no right to possess or utilize SNM granted by any certificate issued 
pursuant to the regulations in this part, shall be transferred, 
assigned or in any manner disposed of, either voluntarily or 
involuntarily, directly or indirectly, through transfer of control 
of any certificate to any person unless the Commission shall after 
securing full information, find that the transfer is in accordance 
with the provisions of the Act, and shall give its consent in 
writing.

76.37  Disclaimer of Warranties

    Neither the Government nor the Commission makes any warranty or 
other representation that SNM (a) Will not result in injury or 
damage when used for purposes approved by the Commission, (b) will 
accomplish the results for which it is requested and approved by the 
Commission, or (c) is safe for any other use.

76.38  Expiration and Termination of Certificates

    (a) Except as provided in Sec. 76.33(b), each Certificate or 
approval issued pursuant to this part expires at the end of the day, 
in the month and year stated in the Certificate or approval.
    (b) The Corporation shall notify the Commission promptly, in 
writing under Sec. 76.5 when the Corporation decides to terminate 
operation at either of the GDPs and other activities authorized 
under the Certificate. No later than the date specified for 
termination of operation in the Corporation's notice, the 
Corporation shall terminate operation of the GDPs and make 
appropriate arrangements with the Department to return the GDPs to 
the Department.
    (c) If the Corporation does not submit an annual renewal 
application under Sec. 76.33, the Corporation shall on or before the 
expiration date specified in the existing Certificate:
    (1) Terminate operation of the GDPs and
    (2) Make appropriate arrangements with the Department to return 
the GDPs to the Department.

76.39  Submission, Review, and Approval of Department Compliance 
Plans

    (a) The Corporation may submit, in accordance with 76.21, a plan 
prepared by the Department for achieving compliance with the 
standards set forth in this part in conjunction with its initial 
application for a Certificate of Compliance or any renewal 
application or at any other time. Such plan shall contain such 
information as the Corporation deems necessary to enable the 
Commission to make the finding required by Sec. 1701(d) of the Act.
    (b) The Commission shall approve the plan, with such conditions 
and limitations as it deems necessary to effectuate the purposes of 
the Act, so long as it finds that the plan provides reasonable 
assurance that the GDPs will meet the standards in this part in a 
timely manner and that the GDPs can and will be operated in a manner 
that adequately protects public health and safety and provides for 
the common defense and security until such time as full compliance 
is achieved.
    (c) Notice and comment on the plan will be provided in 
accordance with 76.31(d).

Acquisition, Use and Transfer of Radioactive Material, Creditors' 
Rights

76.41  Authorized Use of Radioactive Material

    (a) The Corporation shall confine its possession and use of 
byproduct material, source material, and SNM to the locations and 
purposes authorized in his certificate. Except as otherwise provided 
in the certificate, the certificate issued pursuant to the 
regulations in this part shall carry with it the right to receive 
title to, own, acquire, receive, possess and use byproduct material, 
source material, and SNM. Preparation for shipment and transport of 
such material shall be in accordance with the provisions of part 71 
of this chapter.
    (b) The possession, use and transfer of any byproduct material, 
source material, and SNM produced by the Corporation, in connection 
with or as a result of use of such materials received under this 
Certificate, shall be subject to the provisions of the Certificate 
and the regulations in this part.

76.42  Transfer of Radioactive Material

    (a) The Corporation shall not transfer byproduct material, 
source material, or SNM except as authorized pursuant to this 
section.
    (b) Except as otherwise provided in the certificate and subject 
to the provisions of paragraphs (c) and (d) of this section, the 
Corporation may transfer byproduct material, source material, and 
SNM:
    (1) To the Department;
    (2) To the agency in any Agreement State which regulates 
radioactive materials pursuant to an agreement with the Commission 
or the Atomic Energy Commission under section 274 of the Act, if 
authorized by such agreement;
    (3) To any person exempt from the licensing requirements of the 
Act and regulations in parts 30, 40, and 70, to the extent permitted 
under such exemption;
    (4) To any person in an Agreement State, subject to the 
jurisdiction of that State, who has been exempted from the licensing 
requirements and regulations of that State, to the extent permitted 
under such exemption;
    (5) To any person authorized to receive such byproduct material, 
source material, or SNM under terms of a specific license or a 
general license or their equivalents issued by the Commission or an 
Agreement State;
    (6) To any person abroad pursuant to an export license issued 
under part 110 of this chapter; or
    (7) As otherwise authorized by the Commission in writing.
    (c) Before transferring byproduct material, source material, or 
SNM to a specific licensee of the Commission or an Agreement State 
or to a general licensee who is required to register with the 
Commission or with an Agreement State prior to receipt of the 
byproduct material, source material, or SNM the Corporation shall 
verify that the transferee's license authorized receipt of the type, 
form, and quantity of source or SNM to be transferred.
    (d) The following methods for the verification required by 
paragraph (c) of this section are acceptable:
    (1) The Corporation may have in its possession, and read, a 
current copy of the transferee's specific license or registration 
certificate, the Corporation shall retain a copy of each license or 
certificate for three years from the date that it was obtained.
    (2) The Corporation may have in its possession a written 
certification by the transferee that the transferee is authorized by 
license or registration certificate to receive the type, form, and 
quantity of byproduct material, source material, or SNM to be 
transferred, specifying the license or registration certificate 
number, issuing agency, and expiration date. The Corporation shall 
retain the written certification as a record for three years from 
the date of receipt of the certification;
    (3) For emergency shipments the Corporation may accept oral 
certification by the transferee that he or she is authorized by 
license or registration certification to receive the type, form, and 
quantity of byproduct material, source material, or SNM to be 
transferred, specifying the license or registration certificate 
number, issuing agency, and expiration date, provided that the oral 
certification is confirmed in writing within ten days. The 
Corporation shall retain the written confirmation of the oral 
certification for three years from the date of receipt of the 
confirmation;
    (4) The Corporation may obtain other sources of information 
compiled by a reporting service from official records of the 
Commission or the licensing agency of an Agreement State as to the 
identity of licensees and the scope and expiration dates of licenses 
and registrations. The Corporation shall retain the compilation of 
information as a record for three years from the date that it was 
obtained; or
    (5) When none of the methods of verification described in 
paragraphs (d) (1) to (4) of this section are readily available or 
when the Corporation desires to verify that information received by 
one of these methods is correct or up to date, the Corporation may 
obtain and record confirmation from the Commission or the licensing 
agency of an Agreement State that the transferee is licensed to 
receive the material. The Corporation shall retain the record of 
confirmation for three years from the date the record is made.

76.44  Creditor Regulations

    (a) The Commission consents, without individual application, to 
the creation of any mortgage, pledge, or other lien upon the 
Corporation's interest in the GDPs or any byproduct material, source 
material, or SNM not owned by the United States, used in connection 
with the operation of the GDPs. Providing:
    (1) That the rights of any creditor so secured may be exercised 
only in compliance with and subject to the same requirements and 
restrictions as would apply to the Corporation pursuant to the 
provisions of the Certificate of Compliance issued by the Commission 
pursuant to this Part, and
    (2) That no creditor so secured may take possession of the 
Corporation's interest pursuant to the provisions of this section 
without the prior approval of the Commission.
    (b) Nothing contained in this section shall be deemed to affect 
the means of acquiring, or the priority of, any tax lien or other 
lien provided by law.
    (c) As used in this section, creditor includes, without implied 
limitation, the trustee under any mortgage, pledge, or lien on the 
Corporations interest made to secure any creditor, any trustee, or 
receiver appointed by a court of competent jurisdiction in any 
action brought for the benefit of any creditor secured by such 
mortgage, interest pledge, or lien, any purchaser of such at the 
sale thereof upon foreclosure of such mortgage, pledge, or lien or 
upon exercise of any power of sale contained therein, or any 
assignee of any such purchaser.

Records, Reports and Inspections

76.50  Reporting Requirements

    (a) Immediate report. The Corporation shall notify the 
Commission as soon as possible but not later than 4 hours after the 
discovery of an event that prevents immediate protective actions 
necessary to avoid exposures to radiation or radioactive materials 
that could exceed regulatory limits (events may include fires, 
explosions, toxic gas releases, etc.).
    (b) Twenty-four hour report. The Corporation shall notify the 
Commission within 24 hours after the discovery of any of the 
following events involving byproduct material, source material, or 
SNM.
    (1) An unplanned contamination event that:
    (i) Requires access to the contaminated area, by workers or the 
public, to be restricted for more than 24 hours by imposing 
additional radiological controls or by prohibiting entry into the 
area,
    (ii) Involves a quantity of material greater than five times the 
lowest annual limit on intake specified in Appendix B of 20.1001-
20.2401 of 10 CFR 20 for the material, and
    (iii) Has access to the area restricted for a reason other than 
to allow isotopes with a half-life of less than 24 hours to decay 
prior to decontamination.
    (2) An event in which equipment is disabled or fails to function 
as designed when;
    (i) The equipment is required by regulation or certificate 
condition to prevent releases exceeding regulatory limits, to 
prevent exposures to radiation and radioactive materials exceeding 
regulatory limits, or to mitigate the consequences of an accident,
    (ii) The equipment is required to be available and operable when 
it is disabled or fails to function, and
    (iii) No redundant equipment is available and operable to 
perform the required safety function.
    (3) An event that requires unplanned medical treatment at a 
medical facility of an individual with spreadable radioactive 
contamination on the individual's clothing or body.
    (4) An unplanned fire or explosion damaging any byproduct 
material, source material, or SNM or any device, container, or 
equipment containing such material when;
    (i) The quantity of material involved is greater than five times 
the lowest annual limit on intake specified in appendix B of 
20.1001-20.2401 of 10 CFR 20 for the material, and
    (ii) The damage affects the integrity of the material or its 
container.
    (c) Preparation and submission of reports. Reports made by the 
Corporation in response to the requirements of this section must be 
made as follows:
    (1) The Corporation shall make reports required by paragraphs 
(a) and (b) of this section by telephone to the NRC Operations 
Center (Commercial telephone 301-951-0550). To the extent that the 
information is available at the time of notification, the 
information provided in these reports must include:
    (i) The caller's name and call back telephone number,
    (ii) A description of the event, including date and time,
    (iii) The exact location of the event,
    (iv) The isotopes, quantities, and chemical and physical form of 
the byproduct material, source material, or SNM involved, and
    (v) Any personnel radiation exposure data available.
    (2) Written report. For each report required by paragraph (a) or 
(b) of this section the Corporation shall submit a written follow up 
report within 30 days of the initial report. Written reports 
prepared pursuant to other regulations may be submitted to fulfill 
this requirement if the reports contain all of the necessary 
information and the appropriate distribution is made. These written 
reports must be sent to the U.S. Nuclear Regulatory Commission, 
Document Control Desk, Washington, DC 20555, with a copy to the 
appropriate Commission regional office. The reports must include the 
following:
    (i) A description of the event, including the probable cause and 
the manufacturer and model number (if applicable) of any equipment 
that failed or malfunctioned,
    (ii) The exact location of the event,
    (iii) The isotopes, quantities and chemical and physical form of 
the material involved,
    (iv) Date and time of the event,
    (v) Corrective actions taken or planned and the results of any 
evaluations or assessments, and
    (vi) The extent of exposure of individuals to radiation or to 
radioactive materials without identification of the individuals by 
name.

76.51  Material Balance, Inventory, and Records Requirements

    (a) As used in this section:
    (1) Additions to material in process means receipts that are 
opened except for receipts opened only for sampling and subsequently 
maintained under tamper-safing, and opened sealed sources.
    (2) Enrichment category for uranium-235 means high-enrich 
uranium-that uranium whose isotope content is 20 percent or more 
uranium-235 by weight, and low-enriched uranium-that uranium whose 
isotope content is less than 20 percent uranium-235 by weight.
    (3) Element means uranium.
    (4) Fissile isotope means (i) uranium-233 or (ii) uranium-235 by 
enrichment category.
    (5) Inventory difference (ID) means the quantity obtained by 
subtracting ending inventory (EI) and removals (R) from beginning 
inventory (BI) and additions to the inventory (A). Mathematically, 
item means any discrete quantity or container of SNM or source 
material, not undergoing processing, having an unique identity and 
also having an assigned element and isotope quantity.

ID=BI+A-EI-R

ID is sometimes also referred to as ``material unaccounted for'' 
(MUF) in this chapter.
    (6) Limit of error means the uncertainty component used in 
constructing a 95 percent confidence interval associated with a 
quantity after any recognized bias has been eliminated or its effect 
accounted for.
    (7) Material balance means the determination of an ID.
    (8) Material in process means any special nuclear material 
possessed by the licensee except in unopened receipts, sealed 
sources, and ultimate product maintained under tamper-safing.
    (9) Physical inventory means determination on a measured basis 
of the quantity of SNM on hand at a given time. The methods of 
physical inventory and associated measurements will vary depending 
on the material to be inventoried and the process involved.\1\
    (10) Removals from material in process includes measured 
quantities of SNM disposed of as discards, encapsulated as a sealed 
source, or in other ultimate product placed under tamper-safing or 
shipped offsite.
    (11) Tamper-safing means the use of devices on containers or 
vaults in a manner and at a time that ensures a dear indication of 
any violation of the integrity of previously made measurements of 
SNM within the container of vault.
    (12) Ultimate product means any SNM in the form of a product 
that would not be further processed at the GDPs.
    (13) Unopened receipts means receipts not opened by the 
licensee, including receipts of sealed sources, and receipts opened 
only for sampling and subsequently maintained under tamper-safing.
    (b) The Corporation is subject to the record-keeping 
requirements of 74.33 of this chapter.
    (c) The Corporation shall establish, maintain and follow written 
material control and accounting procedures that are sufficient to 
enable it to account for the SNM in the Corporation's possession 
under certification. The Corporation shall retain these procedures 
until the certificate is terminated and retain any superseded 
portion of the procedures for three years after the portion is 
superseded.
    (d)(1) Records which must be maintained pursuant to this part 
may be the original or a reproduced copy or microform if such 
reproduced copy or microform is duly authenticated by authorized 
personnel and the microform is capable of producing a dear and 
legible copy after storage for the period specified by Commission 
regulations. The record may also be stored in electronic media with 
the capability for producing legible, accurate, and complete records 
during the required retention period. Records such as letters, 
drawings, specifications, must include all pertinent information 
such as stamps, initials, and signatures. The Corporation shall 
maintain adequate safeguards against tampering with and loss of 
record.
    (2) If there is a conflict between the Commission's regulations 
in this part, certificate condition, or other written Commission 
approval or authorization pertaining to the retention period for the 
same type of record, the retention period specified in the 
regulations in this part for such records shall apply unless the 
Commission, pursuant to 70.14, has granted a specific exemption from 
the record retention requirements specified in the regulations in 
this part.

76.52  Reports of Accidental Criticality or Loss or Theft or 
Attempted Theft of Special Nuclear Material

    (a) The Corporation shall notify the NRC Operations Center 
(commercial telephone number (301) 951-0550) within one hour after 
discovery of any case of accidental criticality or any loss, other 
than normal operating loss, of SNM.
    (b) The Corporation shall notify the NRC Operations Center 
within one hour after discovery of any loss or theft or unlawful 
diversion of SNM which the Corporation is authorized to possess or 
any incident in which an attempt has been made or is believed to 
have been made to commit a theft or unlawful diversion of such 
material.
    (c) This notification must be made to the Commission Operations 
Center via the Emergency Notification System if the Corporation is a 
party to that system. If the Emergency Notification System is 
unavailable, the Corporation shall make the required notification 
via commercial telephonic service or other dedicated telephonic 
system or any other method that will ensure that a report is 
received by the Commission Operations Center within one hour. The 
exemption of 73.21(g)(3) applies to all telephonic reports required 
by this section.
    (d) Reports required under 73.71 need not be duplicated under 
the requirements of this section.

76.53  Material Status Reports

    (a)(1) The Corporation shall complete and submit material 
balance reports as required by 74.13(a)(1) of this chapter.
    (2) If required to submit routine material status reports 
pursuant to 75.35 of this chapter the Corporation shall follow the 
requirements set out in 74.13(a)(2) of this chapter.
    (b) If subject to the requirements of 70.51(e) the Corporation 
shall follow the requirements set out in 74.13(b) and 74.17(b) of 
this chapter.

76.54  Nuclear Material Transfer Reports

    (a) When transferring or receiving SNM the Corporation shall 
follow the requirements set out in 74.15(a) and (b) of this chapter.
    (b) If required to submit inventory change reports on DOE/
Commission Form-741 pursuant to 75.34 of this chapter the 
Corporation shall follow the requirements set out in 74.15(c) of 
this chapter.

76.55  Inspections

    (a) The Corporation shall afford to the Commission at all 
reasonable times opportunity to inspect byproduct material, source 
material, or SNM and the premises and facilities wherein such 
material is used, produced, or stored.
    (b) The Corporation shall make available to the Commission for 
inspection, upon reasonable notice, records kept by the Corporation 
pertaining to its receipt, possession, use, acquisition, import, 
export, or transfer of byproduct material, source material, and SNM.
    (c)(1) The Corporation shall, upon request by the Director, 
Office of Nuclear Material Safety and Safeguards or the appropriate 
Commission Regional Administrator, provide rent-free office space 
for the exclusive use of Commission inspection personnel. Heat, air 
conditioning, light, electrical outlets and janitorial services 
shall be furnished by the Corporation. The office shall be 
convenient to and have full access to the facility and shall provide 
the inspector both visual and acoustic privacy.
    (2) For each site, the space provided shall be adequate to 
accommodate a full-time secretary and transient Commission personnel 
and will be generally commensurate with other office facilities at 
the site. A space of 250 square feet either within the site's office 
complex or in an office trailer or other onsite space is suggested 
as a guide. The office space that is provided shall be subject to 
the approval of the Director, Office of Nuclear Material Safety and 
Safeguards or the appropriate Commission Regional Administrator. All 
furniture, supplies and communication equipment will be furnished by 
the Commission.
    (3) The Corporation shall afford any Commission resident 
inspector assigned to that site or other Commission inspectors 
identified by the Director, Office of Nuclear Material Safety and 
Safeguards, as likely to inspect the facility, immediate unfettered 
access, equivalent to access provided regular plant employees, 
following proper identification and compliance with applicable 
access control measures for security, radiological protection, and 
personal safety.

76.56  Tests

    The Corporation shall perform, or permit the Commission to 
perform, such tests as the Commission deems appropriate or necessary 
for the administration of the regulations in this art, including 
tests of (a) byproduct material, (b) source material, (c) SNM, (d) 
facilities wherein such material is utilized, produced or stored, 
(e) radiation detection and monitoring instruments, and (f) other 
equipment and devices used in connection with the production, 
utilization, or storage of byproduct material, source material, and 
SNM.

76.59  Effluent Monitoring Reporting Requirements

    (a) The Corporation shall:
    (1) Submit a report to the appropriate Commission Regional 
Office, with copies to the Director, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, within 60 days after January 1 and July 1 of 
each year specifying the quantity of each of the principal 
radionuclides released to unrestricted areas in liquid and gaseous 
effluents during the previous six months of operation, and such 
other information as the Commission may require to estimate maximum 
potential annual radiation doses to the public resulting from 
effluent releases. On the basis of such reports and any additional 
information the Commission may obtain from the Corporation or 
others, the Commission may from time to time require the Corporation 
to take such action as the Commission deems appropriate.

Modification and Revocation of Certificate

76.61  Modification and Revocation of Certificate

    (a) The terms and conditions of the certificate shall be subject 
to amendment, revision, or modification by reason of amendments to 
the Atomic Energy Act of 1954, or by reason of rules, regulations or 
orders issued in accordance with the Act or any amendments thereto;
    (b) Any Certificate may be revoked, suspended or modified for 
any material false statements in the application or any statement of 
fact required under this part or because of conditions revealed by 
such application or statement of fact or any report, record, or 
inspection or other means which would warrant the Commission to 
refuse to grant a certificate on an original application, or for 
failure to operate a GDP in accordance with the terms of the 
certificate, the application, or for violation of, or failure to 
observe any of the terms and condition of the Act, or of any 
applicable regulation of the Commission.
    (c) Upon revocation, suspension or modification of a 
certificate, the Commission may immediately advise the Department to 
retake possession of all byproduct material, source material, and 
SNM held by the Corporation. In cases found by the Commission to be 
of extreme importance to the national defense or security, or to the 
health and safety of the public, the Commission may recapture any 
SNM held by the Corporation prior to any of the procedures provided 
under section 551-558 of title 5 of the United States Code.
    (d) Except in cases of willfulness or those in which the public 
health, interest or safety requires otherwise, no certificate shall 
be modified, suspended or revoked unless, facts or conduct which may 
warrant such action shall have been called to the attention of the 
Corporation in writing and the Corporation shall have been accorded 
opportunity to demonstrate or achieve compliance with all lawful 
requirements.

76.62  Suspension in War or National Emergency

    Whenever Congress declares that a state of war or national 
emergency exists, the Commission, if it finds it necessary to the 
common defense and security may,
    (a) Suspend any certificate it has issued.
    (b) Order the recapture of SNM.
    (c) Order entry into any plant or facility in order to recapture 
SNM. Just compensation shall be paid for any damages caused by 
recapture of SNM pursuant to this section.

76.71  Violations

    An injunction or other court order may be obtained prohibiting 
any violation of any provision of the Atomic Energy Act of 1954, as 
amended, or Title U of the Energy Reorganization Act of 1974, or any 
regulation or order issued thereunder. A court order may be obtained 
for the payment of a civil penalty imposed pursuant to section 234 
of the Act for violation of the applicable section of the Act or the 
Energy Reorganization Act of 1974, or any rule, regulation, or order 
issued thereunder, or any term, condition, or limitation of any 
Certificate issued thereunder. Any person who willfully violates any 
provision of the Act or any regulation or order issued thereunder 
may be guilty of a crime and, upon conviction, may be punished by 
fine or imprisonment or both, as provided by law.

76.72  Criminal Penalties

    (a) Section 223 of the Atomic Energy Act of 1954, as amended, 
provides for criminal sanctions for willful violation of, attempted 
violation of, or conspiracy to violate, any regulation issued under 
sections 161b, 161i, or 161o of the Act. For purposes of section 
223, all the regulations in part 76 are issued under one or more of 
sections 161b, 161i, or 161o, except for the sections listed in 
paragraph (b) of this section.
    (b) The regulations in part 76 that are not issued under 
sections 161b, 161i, or 161o for the purposes of section 223 are as 
follows: Secs. 76.1, 2, 3, 4, 5, 6, 11, 12, 13, 14, 18, 23, 25, 31, 
33, 34, 35, 37, 39, 61, 62, 71, 72, and 73.

76.73  Backfitting

    (a)(1) Backfitting is defined as the modification of or addition 
to systems, structures, components, or design of a facility; or the 
procedures or organization required to design, construct, or operate 
a facility; any of which may result from a new or amended provision 
in the Commission rules or the imposition of a regulatory staff 
position interpreting the Commission rules that is either new or 
different from a previously applicable staff position after:
    (i) The date of issuance of the initial Certificate of 
Compliance in accordance with 10 CFR 76 for the Paducah or 
Portsmouth Gaseous Diffusion Plant.
    (2) Except as provided in paragraph (a)(4) of this section, the 
Commission shall require a systematic and documented analysis 
pursuant to paragraph (c) of this section for backfits which it 
seeks to impose.
    (3) Except as provided in paragraph (a)(4) of this section, the 
Commission shall require the backfitting of a facility only when it 
determines, based on the analysis described in paragraph (c) of this 
section, that there is a substantial increase in the overall 
protection of the public health and safety or the common defense and 
security to be derived from the backfit and that the direct and 
indirect costs of implementation for the facility are justified in 
view of this increased protection.
    (4) The provisions of paragraphs (a)(2) and (a)(3) of this 
section are inapplicable and, therefore, backfit analysis is not 
required and the standards in paragraph (a)(3) of this section do 
not apply where the Commission or staff, as appropriate, finds and 
declares, with appropriate documented evaluation for its finding, 
either;
    (i) That a modification is necessary to bring a facility into 
compliance with a certificate or the rules or orders of the 
Commission, or into conformance with written commitments by the 
Corporation; or
    (ii) That regulatory action is necessary to ensure that the 
facility provides adequate protection to the health and safety of 
the public and is in accord with the common defense and security; or
    (iii) That the regulatory action involves defining or redefining 
what level of protection to the public health and safety or common 
defense and security should be regarded as adequate.
    (5) The Commission shall always require the backfitting of a 
facility if it determines that such regulatory action is necessary 
to ensure that the facility provides adequate protection to the 
health and safety or the public and is in accord with the common 
defense and security.
    (6) The documented evaluation required by paragraph (a)(4) of 
this section shall include a statement of the objectives of and 
reasons for the modification and the basis for invoking the 
exception. If immediately effective regulatory action is required, 
then the documented evaluation may follow rather than precede the 
regulatory action
    (7) If there are two or more ways to achieve compliance with a 
certificate or the rules or orders of the Commission, or with 
written commitments by the Corporation, or there are two or more 
ways to reach a level of protection which is adequate, then 
ordinarily the Corporation is free to choose the way which best 
suits its purpose. However, should it be necessary or appropriate 
for the Commission to prescribe a specific way to comply with its 
requirements or to achieve adequate protection, then cost may be a 
factor in selecting the way, provided that the objective of 
compliance or adequate protection is met.
    (b) In reaching the determination required by paragraph (a)(3) 
of this section, the Commission will consider how the backfit should 
be scheduled in light of other ongoing regulatory activities at the 
facility and, in addition, will consider information available 
concerning any of the following factors as may be appropriate and 
any other information relevant and material to the proposed backfit;
    (1) Statement of the specific objectives that the proposed 
backfit is designed to achieve;
    (2) General description of the activity that would be required 
by the Corporation in order to complete the backfit;
    (3) Potential change in the risk to the public from the 
accidental off-site release of radioactive material;
    (4) Potential impact on radiological exposure of facility 
employees;
    (5) Installation and continuing costs associated with the 
backfit, including the cost of facility downtime or the cost of 
construction delay;
    (6) The potential safety impact of changes in plant or 
operational complexity, including the relationship to proposed and 
existing regulatory requirements;
    (7) The estimated resource burden on the NRC associated with the 
proposed backfit and the availability of such resources;
    (8) The potential impact of differences in facility type, design 
or age on the relevancy and practicality of the proposed backfit;
    (9) Whether the proposed backfit is interim or final and, if 
interim, the justification for imposing the proposed backfit on an 
interim basis.
    (c) No certification action will be withheld during the pendency 
of backfit analyses required by the Commission's rules.
    (d) The Executive Director for Operations shall be responsible 
for implementation of this section, and all analyses required by 
this section shall be approved by the Executive Director for 
Operations or his designee.

[FR Doc. 94-3050 Filed 2-10-94; 8:45 am]
BILLING CODE 7590-01-P