[Federal Register Volume 60, Number 16 (Wednesday, January 25, 1995)]
[Proposed Rules]
[Page 4877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1816]



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NUCLEAR REGULATORY COMMISSION
10 CFR Part 52

RIN 3150-AE42


Combined Licenses; Conforming Amendments; Post-Promulgation 
Comment

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule; comment response.

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SUMMARY: The Nuclear Regulatory Commission (Commission) is addressing 
the one comment that it received in response to 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 Commission's response to that post-promulgation comment.

DATES: The final rule became effective January 22, 1993. Comments to 
the supplementary comment opportunity were due by July 11, 1994.

FOR FURTHER INFORMATION CONTACT:
Grace H. Kim, Office of the General Counsel, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, telephone 301-415-3605.

SUPPLEMENTARY INFORMATION:

Background

    By Federal Register notice published on June 10, 1994 (59 FR 
29965), the Commission offered a supplementary 30-day opportunity for 
``post-promulgation'' comment on a portion of the final rule revising 
10 CFR part 52 in light of Title XXVIII of the Energy Policy Act of 
1992 (Pub. L. 102-486, 106 Stat. 2776), which amended the Atomic Energy 
Act to authorize explicitly the issuance of combined construction and 
operating licenses for nuclear power plants.\1\ As the Commission 
explained in its Federal Register notice, this supplementary comment 
opportunity, limited to the so-called ``Sholly'' portion of the final 
part 52 rule,\2\ was provided by the Commission in conjunction with an 
agreement for the voluntary withdrawal of a petition for review of the 
final part 52 rule that had been filed by the Nuclear Information and 
Resource Service in the Court of Appeals for the District of Columbia 
Circuit. See id. The Commission received only one comment in response, 
which was submitted on July 8, 1994 by the Nuclear Energy Institute 
(NEI) (the successor organization to NUMARC). In its submittal NEI 
essentially mirrors NUMARC's previous comments with respect to the 
``Sholly'' provisions of the final rule, expressing its support for the 
Commission's amendment of 10 CFR 52.97 to make the ``Sholly'' procedure 
applicable to combined licenses and reiterating NUMARC's earlier 
request that the Commission modify certain language in the final rule's 
statement of considerations to clarify the Commission's intent 
regarding the implementation of Sec. 52.97. See 58 FR at 69220, 69221. 
Because NEI merely reiterates NUMARC's comments, which have already 
been fully considered and addressed by the Commission (id.), no further 
response is necessary.

    \1\As required by 10 CFR 2.804(f), the Commission had also 
invited post-promulgation comment at the time it promulgated the 
final part 52 rule. See 57 FR 60975 (December 30, 1992). In response 
to this comment opportunity, the Commission received comments only 
from the Nuclear Management and Resources Council (NUMARC). The 
Commission responded to this comment in a Federal Register notice 
published on December 30, 1993 (58 FR 69220).
    \2\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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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 19th day of January, 1995.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Acting Secretary of the Commission.
[FR Doc. 95-1816 Filed 1-24-95; 8:45 am]
BILLING CODE 7590-01-M