[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Proposed Rules]
[Pages 6672-6676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3466]


      

  Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / 
Proposed Rules  

[[Page 6672]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 2, 40, 70, and 76

RIN 3150-AF56


USEC Privatization Act: Certification and Licensing of Uranium 
Enrichment Facilities

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its regulations concerning the certification and licensing of uranium 
enrichment facilities to conform to changes made to the Atomic Energy 
Act of 1954, as amended (the Act), by the USEC Privatization Act 
legislation. Although the principal effect of this legislation is to 
direct the Board of Directors of the United States Enrichment 
Corporation (USEC) to sell the assets of the USEC to a private sector 
entity, this legislation also amended the Act with respect to NRC 
certification of gaseous diffusion plants leased by USEC and the 
licensing of atomic vapor laser isotope separation (AVLIS) technology. 
USEC is responsible for the operation of the two gaseous diffusion 
plants and the development of the AVLIS technology.
    The legislation requires that AVLIS uranium enrichment facilities 
be licensed subject to the provisions of the Act pertaining to source 
material and special nuclear material rather than under the provisions 
pertaining to a production facility; provides for the issuance of civil 
penalties to USEC or its successor for failure to comply with 
regulatory requirements governing the operation of gaseous diffusion 
plants; prohibits issuance of a license/certificate to the Corporation 
or its successor if it is owned, controlled, or dominated by an alien, 
a foreign corporation, or a foreign government, or its issuance would 
be inimical to the common defense and security of the United States or 
to the maintenance of a reliable and economical domestic source of 
enrichment services; and eliminates the annual requirement that the 
Commission certify that USEC or its successor is in compliance with NRC 
regulations. The Commission may determine how frequently USEC or its 
successor must submit a recertification application to the NRC, 
provided that the NRC recertify USEC's or its successor's compliance 
with its regulations not less frequently than every five years. The 
proposed changes to the regulations bring 10 CFR parts 2, 40, 70, and 
76 into conformance with the USEC Privatization Act.

DATES: Comments on the proposed rule must be received on or before 
March 14, 1997.

ADDRESSES: Mail written comments to: The Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. ATTN: Docketing and 
Service Branch.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, 
between 7:30 a.m. and 4:15 p.m. on Federal workdays.
    For information on submitting comments electronically, see the 
discussion under Electric Assess in the Supplementary Information 
Section.
    Copies of comments received may be examined or copied for a fee, 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 
20555-0001, telephone (301) 415-6209.

SUPPLEMENTARY INFORMATION: For additional information see the direct 
final rule published in this issue of the Federal Register.

Procedural Background

    The NRC considers this action noncontroversial and routine because 
it implements specific statutory requirements (Public Law 104-134). 
Therefore, we are publishing this proposed rule concurrently as a 
direct final rule in this issue of the Federal Register. The direct 
final rule will become effective on April 14, 1997.
    However, if the NRC receives significant adverse comments by March 
14, 1997, the NRC will withdraw the direct final rule and address the 
significant adverse comments received in response to the revisions. Any 
significant adverse comments will be addressed in a subsequent final 
rule on this proposal. Absent significant modifications to the proposed 
revisions requiring republication, the NRC will not initiate a second 
comment period on this action.

Electronic Access

    Comments may be submitted electronically, in either ASCII text or 
WordPerfect format (version 5.1 or later), by calling the NRC 
Electronic Bulletin Board (BBS) on FedWorld. The Bulletin Board may be 
accessed using a personal computer, a modem, and one of the commonly 
available communications software packages, or directly via Internet. 
Background documents on the rulemaking are also available, as 
practical, for downloading and viewing on the Bulletin Board.
    If using a personal computer and modem, the NRC rulemaking 
subsystem on FedWorld can be accessed directly by dialing the toll free 
number (800) 303-9672. Communication software parameters should be set 
as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). 
Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem 
can then be accessed by selecting the ``Rules Menu'' option from the 
``NRC Main Menu.'' Users will find the ``FedWorld Online User's 
Guides'' particularly helpful. Many NRC subsystems and data bases also 
have a ``Help/Information Center'' option that is tailored to the 
particular subsystem.
    The NRC subsystem on FedWorld can also be accessed by a direct dial 
phone number for the main FedWorld BBS, (703) 321-3339, or by using 
Telnet via Internet: fedworld.gov. If using (703) 321-3339 to contact 
FedWorld, the NRC subsystem will be accessed from the main FedWorld 
menu by selecting the ``Regulatory, Government Administration and State 
Systems,'' then selecting ``Regulatory Information Mall.'' At that 
point, a menu will be displayed that has an option ``U.S. Nuclear 
Regulatory Commission'' that will take you to the NRC Online main menu. 
The NRC Online area also can be accessed directly by typing ``/go nrc'' 
at a FedWorld command line. If you access NRC from FedWorld's main 
menu, you may return to FedWorld by selecting the ``Return to 
FedWorld'' option from the NRC Online Main Menu. However, if you access 
NRC at FedWorld by using NRC's toll-free number, you will have full 
access to all NRC systems, but you will not have access to the main 
FedWorld system.
    If you contact FedWorld using Telnet, you will see the NRC area and 
menus, including the Rules Menu. Although you will be able to download 
documents and leave messages, you will not be able to write comments or 
upload files (comments). If you contact FedWorld using FTP, all files 
can be accessed and downloaded but uploads are not allowed; all you 
will see is a list of files without descriptions (normal Gopher look). 
An index file listing all files within a subdirectory, with 
descriptions, is available. There is a 15-minute time limit for FTP 
access.
    Although FedWorld also can be accessed through the World Wide Web, 
like FTP, that mode only provides access for downloading files and does 
not display the NRC Rules Menu.

[[Page 6673]]

    For more information on NRC bulletin boards call Mr. Arthur Davis, 
Systems Integration and Development Branch, NRC, Washington, DC 20555-
0001, telephone (301) 415-5780; e-mail AXD[email protected].

List of Subjects

10 CFR Part 2

    Administrative practice and procedure, Antitrust, Byproduct 
material, Classified information, Environmental protection, Nuclear 
materials, Nuclear power plants and reactors, Penalties, Sex 
discrimination, Source material, Special nuclear material, Waste 
treatment and disposal.

10 CFR Part 40

    Government contracts, Hazardous materials transportation, Nuclear 
materials, Reporting and recordkeeping requirements, Source material, 
Uranium.

10 CFR Part 70

    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 76

    Certification, Criminal penalties, Radiation protection, Reporting 
and recordkeeping requirements, Security measures, Special nuclear 
material, Uranium enrichment by gaseous diffusion.

    For the reasons set forth 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. 552 and 553; the Commission is 
adopting the following amendments to 10 CFR parts 2, 40, 70, and 76.

PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND 
ISSUANCE OF ORDERS

    1. The authority citation for part 2 is revised to read as follows:

    Authority: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 
U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 
409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 
5841); 5 U.S.C. 552.
    Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 
105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 
U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. 
L. 97-425, 96 Stat. 2213, as amended (42 U.S.C. 10134(f)); sec. 102, 
Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 
88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 
2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 
936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 
2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-415, 
96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued 
under secs. 161b, I, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 
Stat. 444, as amended by Pub. L. 104-134, 110 Stat. 1321, 1321-349, 
as amended (42 U.S.C. 2201 (b), (I), (o), 2236, 2282); sec. 206, 88 
Stat 1246 (42 U.S.C. 5846). Sections 2.600-2.606 also issued under 
sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). 
Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 
2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 
2.764 and Table 1A of Appendix C also issued under secs. 135, 141, 
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). 
Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended 
(42 U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808 also 
issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 
553 and sec. 29, Pub. L. 85-256, 71 Stat. 579, as amended (42 U.S.C. 
2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 
2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). 
Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). 
Appendix A also issued under sec. 6, Pub. L. 91-560, 84 Stat. 1473 
(42 U.S.C. 2135). Appendix B also issued under sec. 10, Pub. L. 99-
240, 99 Stat. 1842 (42 U.S.C. 2021b et seq.).

    2. In Sec. 2.200, paragraph (a) is revised to read as follows:


Sec. 2.200  Scope of subpart.

    (a) This subpart prescribes the procedures in cases initiated by 
the staff, or upon a request by any person, to impose requirements by 
order, or to modify, suspend, or revoke a license, or to take other 
action as may be proper, against any person subject to the jurisdiction 
of the Commission. However, with regard to the holder of a part 76 
certificate of compliance or compliance plan, except for civil penalty 
procedures in this subpart, the applicable procedures are set forth in 
Sec. 76.70 of this chapter.
* * * * *
    3. In Sec. 2.205, paragraphs (a), (d), (g) and (h) are revised to 
read as follows:


Sec. 2.205  Civil penalties.

    (a) Before instituting any proceeding to impose a civil penalty 
under section 234 of the Act, the Executive Director for Operations or 
the Executive Director's designee, as appropriate, shall serve a 
written notice of violation upon the person charged. This notice may be 
included in a notice issued pursuant to Sec. 2.201 or Sec. 76.70(d) of 
this chapter. The notice of violation shall specify the date or dates, 
facts, and the nature of the alleged act or omission with which the 
person is charged, and shall identify specifically the particular 
provision or provisions of the law, rule, regulation, license, permit, 
Part 76 certificate of compliance or compliance plan, or cease and 
desist order involved in the alleged violation and must state the 
amount of each proposed penalty. The notice of violation shall also 
advise the person charged that the civil penalty may be paid in the 
amount specified therein, or the proposed imposition of the civil 
penalty may be protested in its entirety or in part, by a written 
answer, either denying the violation or showing extenuating 
circumstances. The notice of violation shall advise the person charged 
that upon failure to pay a civil penalty subsequently determined by the 
Commission, if any, unless compromised, remitted, or mitigated, be 
collected by civil action, pursuant to section 234c of the Act.
* * * * *
    (d) If the person charged with violation files an answer to the 
notice of violation, the Executive Director for Operations or the 
Executive Director's designee, upon consideration of the answer, will 
issue an order dismissing the proceeding or imposing, mitigating, or 
remitting the civil penalty. The person charged may, within twenty (20) 
days of the date of the order or other time specified in the order, 
request a hearing.
* * * * *
    (g) The Executive Director for Operations or the Executive 
Director's designee, as appropriate, may compromise any civil penalty, 
subject to the provisions of Sec. 2.203.
    (h) If the civil penalty is not compromised, or is not remitted by 
the Executive Director for Operations or the Executive Director's 
designee, as appropriate, the presiding officer, or the Commission, and 
if payment is not made within ten (10) days following either the 
service of the order described in paragraph (c) or (f) of this section, 
or the expiration of the time for requesting a hearing described in 
paragraph (d) of this section, the Executive Director for Operations or 
the Executive Director's designee, as appropriate, may refer the matter 
to the Attorney General for collection.
* * * * *

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

    4. The authority citation for Part 40 is revised to read as 
follows:

    Authority: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 
Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2), 
83, 84, Pub. L. 95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 
83 Stat. 444, as

[[Page 6674]]

amended (42 U.S.C. 2014(e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 
2114, 2201, 2232, 2233, 2236, 2282); sec. 274, Pub. L. 86-373, 73 
Stat. 688 (42 U.S.C. 2021); secs. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
sec. 275, 92 Stat. 3021, as amended by Pub. L. 97-415, 96 Stat. 2067 
(42 U.S.C. 2022); sec. 193, 104 Stat. 2835, as amended by Pub. L. 
104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 2243).
    Section 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 (42 U.S.C. 5851). Section 40.31(g) also issued under sec. 122, 
68 Stat. 939 (42 U.S.C. 2152). Section 40.46 also issued under sec. 
184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also 
issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

    5. In Sec. 40.4, the term ``Corporation'' is added in alphabetical 
order to read as follows:


Sec. 40.4  Definitions.

* * * * *
    Corporation means the United States Enrichment Corporation (USEC), 
or its successor, a Corporation that is authorized by statute to lease 
the gaseous diffusion enrichment plants in Paducah, Kentucky, and 
Piketon, Ohio, from the Department of Energy, or any person authorized 
to operate one or both of the gaseous diffusion plants, or other 
facilities, pursuant to a plan for the privatization of USEC that is 
approved by the President.
* * * * *
    6. A new Sec. 40.38 is added to read as follows:


Sec. 40.38  Ineligibility of certain applicants.

    A license may not be issued to the Corporation if the Commission 
determines that:
    (a) The Corporation is owned, controlled, or dominated by an alien, 
a foreign corporation, or a foreign government; or
    (b) The issuance of such a license would be inimical to--
    (1) The common defense and security of the United States; or
    (2) The maintenance of a reliable and economical domestic source of 
enrichment services.

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

    7. 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, 2297f); secs. 201, as amended, 
202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 
U.S.C. 5841, 5842, 5845, 5846); sec. 193, 104 Stat. 2835 as amended 
by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 2243).
    Sections 70.1 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).

    8. In Sec. 70.1, a new paragraph (e) is added to read as follows:


Sec. 70.1  Purpose.

* * * * *
    (e) As provided in the Atomic Energy Act of 1954, as amended, the 
regulations in this part establish requirements, procedures, and 
criteria for the issuance of licenses to uranium enrichment facilities.
    9. In Sec. 70.4, the term ``Corporation'' is added in alphabetical 
order to read as follows:


Sec. 70.4  Definitions.

* * * * *
    Corporation means the United States Enrichment Corporation (USEC), 
or its successor, a Corporation that is authorized by statute to lease 
the gaseous diffusion enrichment plants in Paducah, Kentucky, and 
Piketon, Ohio, from the Department of Energy, or any person authorized 
to operate one or both of the gaseous diffusion plants, or other 
facilities, pursuant to a plan for the privatization of USEC that is 
approved by the President.
* * * * *
    10. A new Sec. 70.40 is added to read as follows:


Sec. 70.40  Ineligibility of certain applicants.

    A license may not be issued to the Corporation if the Commission 
determines that:
    (a) The Corporation is owned, controlled, or dominated by an alien, 
a foreign corporation, or a foreign government; or
    (b) The issuance of such a license would be inimical to--
    (1) The common defense and security of the United States; or
    (2) The maintenance of a reliable and economical domestic source of 
enrichment services.

PART 76--CERTIFICATION OF GASEOUS DIFFUSION PLANTS

    11. The authority citation for part 76 is revised to read as 
follows:

    Authority: Secs. 161, 68 Stat. 948, as amended, secs. 1312, 
1701, as amended, 106 Stat. 2932, 2951, 2952, 2953, 110 Stat. 1321-
349, (42 U.S.C. 2201, 2297b-11, 2297f); secs. 201, as amended, 204, 
206, 88 Stat. 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846); 
sec. 234(a), 83 Stat. 444, as amended by Pub. L. 104-134, 110 Stat. 
1321, 1321-349 (42 U.S.C. 2243(a)).
    Sec. 76.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 (42 U.S.C. 5851). Sec. 76.22 is also issued under sec. 193(f), 
as amended, 104 Stat. 2835, as amended by Pub. L. 104-134, 110 Stat. 
1321, 1321-349 (42 U.S.C. 2243(f)). Sec. 76.35(j) also issued under 
sec. 122, 68 Stat. 939 (42 U.S.C. 2152).

    12. In Sec. 76.4, the term ``Corporation'' is revised to read as 
follows and the term ``Uranium enrichment plant'' is removed:


Sec. 76.4  Definitions.

* * * * *
    Corporation means the United States Enrichment Corporation (USEC), 
or its successor, a Corporation that is authorized by statute to lease 
the gaseous diffusion enrichment plants in Paducah, Kentucky, and 
Piketon, Ohio, from the Department of Energy, or any person authorized 
to operate one or both of the gaseous diffusion plants, or other 
facilities, pursuant to a plan for the privatization of USEC that is 
approved by the President.
* * * * *
    13. In Sec. 76.10, paragraph (b) is revised to read as follows:


Sec. 76.10  Deliberate misconduct.

* * * * *
    (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.
* * * * *
    14. In Sec. 76.21, paragraph (b) is revised to read as follows:


Sec. 76.21  Certificate required.

* * * * *
    (b) For the purposes of Secs. 30.41, 40.51, and 70.42 of this 
chapter, the Corporation shall be authorized to receive, and licensees 
shall be authorized to transfer to the Corporation, byproduct material, 
source material, or special nuclear material to the extent permitted 
under the certificate of compliance issued, and/or the compliance plan 
approved, pursuant to this part.
    15. A new Sec. 76.22 is added to read as follows:


Sec. 76.22  Ineligibility of certain applicants.

    A certificate of compliance may not be issued to the Corporation if 
the Commission determines that:
    (a) The Corporation is owned, controlled, or dominated by an alien, 
a

[[Page 6675]]

foreign corporation, or a foreign government; or
    (b) The issuance of such a certificate of compliance would be 
inimical to--
    (1) The common defense and security of the United States; or
    (2) The maintenance of a reliable and economical domestic source of 
enrichment services.
    16. Section 76.31 is revised to read as follows:


Sec. 76.31  Periodic application requirement.

    The Corporation shall periodically apply to the Commission for a 
certificate of compliance, in accordance with Sec. 76.36, on or before 
April 15 of the year specified in an existing certificate of compliance 
as determined by the Commission, but not less frequently than every 5 
years.
    17. In Sec. 76.35, paragraph (n) is revised to read as follows:


Sec. 76.35  Contents of initial application.

* * * * *
    (n) A description of the funding program to be established to 
ensure that funds will be set aside and available for those aspects of 
the ultimate disposal of waste and depleted uranium, decontamination 
and decommissioning, relating to the gaseous diffusion plants leased to 
the Corporation by the Department of Energy, which are the financial 
responsibility of the Corporation. The Corporation shall establish 
financial surety arrangements to ensure that sufficient funds will be 
available for the ultimate disposal of waste and depleted uranium, and 
decontamination and decommissioning activities which are the financial 
responsibility of the Corporation. The funding mechanism, such as 
prepayment, surety, insurance, or external sinking fund, must ensure 
availability of funds for any activities which are required to be 
completed both before or after the return of the gaseous diffusion 
facilities to the Department of Energy in accordance with the lease 
between the Department and the Corporation. The funding program must 
contain a basis for cost estimates used to establish funding levels and 
must contain means of adjusting cost estimates and associated funding 
levels over the duration of the lease. The funding program need not 
address funding for those aspects of decontamination and 
decommissioning of the gaseous diffusion plants assigned to the 
Department of Energy under the Atomic Energy Act of 1954, as amended. 
The Corporation should address the adequacy of the financing mechanism 
selected in its periodic application for certification.
    18. In Sec. 76.36, the section heading and paragraph (a) are 
revised to read as follows:


Sec. 76.36  Renewals.

    (a) After issuance by the Commission of the initial certificate of 
compliance and/or an approved compliance plan, the Corporation shall 
file periodic applications for renewal, as required by Sec. 76.31.
* * * * *
    19. Section 76.43 is revised to read as follows:


Sec. 76.43  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.
    20. In Sec. 76.45, paragraph (a) is revised to read as follows:


Sec. 76.45  Application for amendment of certificate.

    (a) Contents of amendment application. In addition to the 
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 or acceptability for the proposed activities as required 
for the original certificate.
* * * * *
    21. Section 76.55 is revised to read as follows:


Sec. 76.55  Timely renewal.

    In any case in which the Corporation has timely filed a sufficient 
application for a certificate of compliance, the existing certificate 
of compliance or approved compliance plan does not expire until the 
application for a certificate of compliance has been finally determined 
by the NRC. For purposes of this rule, a sufficient application is one 
that addresses all elements of Sec. 76.36.
    22. In Sec. 76.60, paragraphs (c)(1) and (d)(1) are removed and 
reserved and paragraph (i) is revised to read as follows:


Sec. 76.60  Regulatory requirements which apply.

* * * * *
    (i) The Corporation shall comply with the applicable provisions of 
10 CFR part 95, ``Security Facility Approval and Safeguarding of 
National Security Information and Restricted Data,'' as specified in 
subpart E to this part.
    23. In Sec. 76.66, paragraph (c) is revised to read as follows:


Sec. 76.66  Expiration and termination of certificates.

* * * * *
    (c) If the Corporation does not submit a renewal application under 
Sec. 76.36, the Corporation shall, on or before the expiration date 
specified in the existing certificate, terminate operation of the 
gaseous diffusion plants.
    24. In Sec. 76.68, paragraph (b) is revised to read as follows:


Sec. 76.68  Plant changes.

* * * * *
    (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. The Corporation shall 
evaluate any as-found conditions that do not agree with the plant's 
programs, plans, policies, and operations in accordance with paragraph 
(a) of this section. These revisions must be submitted before April 15 
of each calendar year, or at a shorter interval as may be specified in 
the certificate. If a renewal application for a certificate is filed in 
accordance with Sec. 76.36 of this part, the revisions shall be 
incorporated into the application.
* * * * *
    25. In Sec. 76.72, paragraph (d) is revised to read as follows:


Sec. 76.72  Miscellaneous procedural matters.

* * * * *
    (d) The procedures set forth in 10 CFR 2.205, and in 10 CFR part 2, 
subpart G, will be applied in connection with NRC action to impose a 
civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, 
as amended, or 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;
* * * * *
    26. In Sec. 76.76, paragraph (a)(2) is revised to read as follows:


Sec. 76.76  Backfitting.

    (a) * * *
    (2) Except as provided in paragraph (a)(4) of this section, the 
Commission shall require a systematic and documented analysis pursuant 
to

[[Page 6676]]

paragraph (b) of this section for backfits which it seeks to impose.
* * * * *
    27. Section 76.111 is revised to read as follows:


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 Corporation \2\ 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, National Security Information, Safeguards Information, 
and information designated by the U.S. Department of Energy as 
Unclassified Controlled Nuclear Information.
---------------------------------------------------------------------------

    \2\ For the purpose of this subpart, the terms ``licensee'' or 
``license'' used in parts 70, 73, and 74 of this chapter, mean, 
respectively, the Corporation, or the certificate of compliance or 
approved compliance plan.
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    28. In Sec. 76.113, paragraph (c) is revised to read as follows:


Sec. 76.113  Formula quantities of strategic special nuclear material--
Category I.

* * * * *
    (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 of this chapter. Information 
designated by the U.S. Department of Energy as Unclassified Controlled 
Nuclear Information must be protected at a level equivalent to that 
accorded Safeguards Information.
* * * * *
    29. Section 76.131 is revised to read as follows:


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) 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 234 of the Atomic Energy Act of 
1954, as amended, or 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 violations of:

(1) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, 109, or 1701 
of the Atomic Energy Act of 1954, as amended;
(2) Section 206 of the Energy Reorganization Act;
(3) Any rule, regulation, or order issued pursuant to the sections 
specified in paragraph (b)(1) of this section;
(4) Any term, condition, or limitation of any certificate of compliance 
or approved compliance plan issued under the sections specified in 
paragraph (b)(1) of this section.

    Dated at Rockville, Maryland, this 6th day of February, 1997.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 97-3466 Filed 2-11-97; 8:45 am]
BILLING CODE 7590-01-P