[Federal Register Volume 59, Number 111 (Friday, June 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14122]


[[Page Unknown]]

[Federal Register: June 10, 1994]


                                                   VOL. 59, NO. 111

                                              Friday, June 10, 1994

NUCLEAR REGULATORY COMMISSION

10 CFR Part 52

RIN 3150-AE 42

 

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

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule: Supplementary post-promulgation comment period.

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SUMMARY: The Nuclear Regulatory Commission (Commission) is providing a 
supplementary post-promulgation comment opportunity on a portion of its 
final rule amending its regulations to conform to the provisions of 
Title XXVIII of Public Law 102-486, the ``Energy Policy Act of 1992,'' 
signed into law on October 24, 1992. This notice is necessary to inform 
the public of the comment opportunity.

DATES: The final rule became effective January 22, 1993. Comments are 
due 30 days after the date of publication of this notice.

FOR FURTHER INFORMATION CONTACT: Grace H. Kim, Office of the General 
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 
telephone 301-504-3605.

SUPPLEMENTARY INFORMATION:

Background

    In 1992 Congress passed, and the President signed, the Energy 
Policy Act of 1992 (Pub. L. 102-486, 106 Stat. 2776). Title XXVIII of 
that Act amended in part the nuclear power plant licensing provisions 
of the Atomic Energy Act to authorize explicitly the issuance of 
combined construction and operating licenses for nuclear power plants. 
The new legislation largely codified the Commission's existing 
regulations in 10 CFR part 52 with respect to such combined licenses, 
but also made several changes to the licensing process established 
under those regulations. On December 23, 1992, the Commission issued a 
final rule amending part 52 in light of the new legislation (57 FR 
60975). Finding prior public comment on the part 52 amendments 
unnecessary because the changes were limited to incorporating the 
language of the Energy Policy Act into the regulations, the Commission 
established a 60-day post-promulgation comment period. Id.
    On February 18, 1993, the Nuclear Information and Resource Service 
(NIRS), which did not submit post-promulgation comments,1 
petitioned the United States Court of Appeals for the District of 
Columbia Circuit for review of the Commission's final rule. DC Circuit 
No. 93-1164. Recently, however, the NIRS voluntarily requested 
dismissal of its petition for review (which the court granted) after 
obtaining the Commission's agreement, in the interest of judicial 
economy, to provide the NIRS another opportunity for post-promulgation 
comment on the final rule's treatment of the so-called ``Sholly'' 
procedure applicable to combined licenses. The ``Sholly'' procedure, 
which the Commission made applicable to combined licenses in the final 
rule in accordance with the Energy Policy Act (see 57 FR at 60976; 10 
CFR 52.97(b)(2)(ii)), allows the Commission to make an amendment to a 
combined license immediately effective (i.e., prior to a hearing) if it 
makes a finding that there are no significant hazards considerations.
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    \1\The only post-promulgation comment that the Commission 
received was submitted on February 22, 1993 by the Nuclear 
Management and Resources Council. The Commission responded to this 
comment in a Federal Register notice published on December 30, 1993 
(58 FR 69220).
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    In light of these specific circumstances, the Commission is 
providing another opportunity for post-promulgation comment. Any 
interested member of the public may submit comments on the Commission's 
treatment of the ``Sholly'' procedure in the final rule (see id.) 
within 30 days of the date of publication of this notice. Pursuant to 
10 CFR 2.804(f), the Commission will publish in the Federal Register an 
evaluation of the significant comments and any revisions of the rule 
made as a result of the comments and their evaluation.

List of Subjects in 10 CFR Part 52

    Administrative practice and procedure, Antitrust, Backfitting, 
Combined license, Early site permit, Emergency planning, Fees, 
Inspection, Limited work authorization, Nuclear power plants and 
reactors, Probabilistic risk assessment, Prototype, Reactor siting 
criteria, Redress of site, Reporting and recordkeeping requirements, 
Standard design, Standard design certification.

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

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Acting Secretary of the Commission.
[FR Doc. 94-14122 Filed 6-9-94; 8:45 am]
BILLING CODE 7590-01-P