[Federal Register Volume 68, Number 152 (Thursday, August 7, 2003)]
[Rules and Regulations]
[Pages 46929-46930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20144]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 140

RIN 3150-AH23


Adjustment of the Maximum Retrospective Deferred Premium

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations to increase the maximum secondary retrospective deferred 
premium for liability insurance coverage in the event of nuclear 
incidents at licensed, operating, commercial nuclear power plants with 
a rated capacity of 100,000 kW or more. Currently established at $83.9 
million per reactor per incident (but not to exceed $10 million in any 
1 year), the maximum secondary retrospective deferred premium is being 
increased to $95.8 million per reactor per incident (but not to exceed 
$10 million in any 1 year). The change is based on the aggregate 
percentage change of 14.2 percent in the Consumer Price Index (CPI) 
from December 1997 through March 2003. The Price-Anderson Amendments 
Act of 1988 requires that this inflation adjustment be made at least 
once each 5 years. The increase in the primary nuclear liability 
insurance layer, which was increased on January 1, 2003, to $300 
million, is also reflected in this rule.

EFFECTIVE DATE: August 20, 2003.

FOR FURTHER INFORMATION CONTACT: Ira Dinitz, Office of Nuclear Reactor 
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone (301) 415-1289, e-mail [email protected].

SUPPLEMENTARY INFORMATION: Part 140, ``Financial Protection 
Requirements and Indemnity Agreements,'' provides requirements and 
procedures for implementing the financial protection requirements for 
certain licensees and other persons pursuant to section 170 of the 
Atomic Energy Act (AEA) of 1954, as amended. Section 140.11(a)(4) 
specifies the amount of financial protection required of a licensee for 
a nuclear reactor that is licensed to operate, is designed for the 
production of electrical energy, and has a rated capacity of 100,000 kW 
or more. This amount is currently set at the sum of $300 million 
(which, as the statute requires, reflects the maximum commercial 
insurance available effective January 1, 2003) and the amount available 
as secondary financial protection in the form of private liability 
insurance under an industry retrospective rating plan. The limits on 
secondary financial protection are currently $83.9 million per reactor 
per incident (plus any surcharge assessed under subsection 170o.(1)(E) 
of the AEA) for the maximum standard deferred premium and $10 million 
per reactor per incident per calendar year.
    Section 15, ``Inflation Adjustment,'' of Public Law 100-408, the 
Price-Anderson Amendments Act of 1988 (``the Act''), enacted on August 
20, 1988, requires the Commission to adjust the amount of the maximum 
standard deferred premium (currently $83.9 million) based on inflation. 
Section 15 of the Act added a new Section 170t to the AEA, which 
provides as follows:
    t. Inflation Adjustment.--(1) The Commission shall adjust the 
amount of the maximum standard deferred premium under subsection b(1) 
[Section 170b(1) of the AEA] not less than once during each 5-year 
period following the date of the enactment of the Price-Anderson 
Amendments Act of 1988 in accordance with the aggregate percentage 
change in the Consumer Price Index since--
    (A) such date of enactment, in the case of the first adjustment 
under this subsection; or
    (B) the previous adjustment under this subsection.
    (2) For purposes of this subsection, the term ``Consumer Price 
Index'' means the Consumer Price Index for all urban consumers 
published by the Secretary of Labor.
    The inflation adjustment required by section 170t (1)(B) of the AEA 
must be made at least once during the period from August 20, 1998, to 
August 20, 2003, and must be in accordance with the aggregate 
percentage change (since December 1997) in the CPI for all urban 
consumers, as published by the Secretary of Labor. The aggregate 
percentage increase in the CPI from December 1997 through March 2003 is 
14.2 percent. When the percentage increase is applied to the current 
$83.9 million maximum retrospective deferred premium, the new maximum 
retrospective deferred premium will increase to $95.8 million per 
reactor per incident. The limit of $10 million per reactor per incident 
per year will be unchanged.
    To implement this inflation adjustment, the Commission is revising 
10 CFR 140.11(a)(4), effective August 20, 2003, to require large 
nuclear power plant licensees to maintain, in addition to $300 million 
in primary financial protection, a new maximum standard deferred 
premium of $95.8 million per reactor per incident (but not to exceed 
$10 million in any 1 year). Because this inflation adjustment by the 
Commission is essentially ministerial in nature, the Commission finds 
that there is good cause for omitting notice and public comment (in the 
form of a proposed rule) on this action as unnecessary, in accordance 
with the Administrative Procedure Act of 1946 (5 U.S.C. 553b).
    The next inflation adjustment in the amount of the standard 
deferred premium will be made not later than August 20, 2008, and will 
be based on the incremental change in the CPI since March 2003.

Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, Pub. 
L.

[[Page 46930]]

104-113, requires agencies to use technical standards developed or 
adopted by voluntary consensus standards bodies unless the use of such 
standards is inconsistent with applicable law or is otherwise 
impractical. The NRC is amending its regulations to increase the 
maximum secondary retrospective deferred premium for liability 
insurance coverage in the event of nuclear incidents at licensed, 
operating, commercial nuclear power plants with a rated capacity of 
100,000 kW or more. This action does not constitute the establishment 
of a standard that contains generally applicable requirements.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described in categorical exclusion 10 CFR 51.22(c)(1). Therefore, 
neither an environmental impact statement nor an environmental 
assessment has been prepared for this final rule.

Paperwork Reduction Act Statement

    This final rule does not contain a new or an amended information 
collection requirement subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget, approval number 3150-0011.

Public Protection Notification

    If a means used to impose an information collection does not 
display a currently valid OMB control number, the NRC may not conduct 
or sponsor, and a person is not required to respond to, the information 
collection.

Regulatory Analysis

    Because this inflation adjustment is required by statute, no other 
alternatives were considered. See also the discussion in the Regulatory 
Flexibility Certification for this rule.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act of 1980, (5 
U.S.C. 605(b)), the Commission certifies that this final rule will not 
have a significant economic impact on a substantial number of small 
entities. This final rule affects only the licensing and operation of 
nuclear power plants. The companies that own these plants do not fall 
within the scope of the definition of ``small entities'' set forth in 
the Regulatory Flexibility Act or the size standards established by the 
NRC (10 CFR 2.810).

Backfit Analysis

    The NRC has determined that the backfit rule does not apply to this 
final rule. A backfit analysis is not required for this final rule 
because this amendment is mandated by the Price-Anderson Amendments Act 
of 1988 (Pub. L. 100-408).

Small Business Regulatory Enforcement Fairness Act

    In accordance with the Small Business Regulatory Enforcement 
Fairness Act of 1996, the NRC has determined that this action is not a 
major rule and has verified this determination with the Office of 
Information and Regulatory Affairs of OMB.

List of Subjects in 10 CFR Part 140

    Criminal penalty, Extraordinary nuclear occurrence, Insurance, 
Intergovernmental relations, Nuclear materials, Nuclear power plants 
and reactors, Reporting and recordkeeping requirements.

0
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. 552 and 553, the NRC is adopting the 
following amendment to 10 CFR Part 140.

PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY 
AGREEMENTS

0
1. The authority citation for Part 140 continues to read as follows:

    Authority: Secs. 161, 170, 68 Stat. 948, 71 Stat. 576, as 
amended (42 U.S.C. 2201, 2210); secs. 201, as amended, 202, 88 Stat. 
1242, as amended, 1244 (42 U.S.C. 5841, 5842).

0
2. In Sec.  140.11, paragraph (a)(4) is revised to read as follows:


Sec.  140.11  Amounts of financial protection for certain reactors.

    (a) * * *
    (4) In an amount equal to the sum of $300,000,000 and the amount 
available as secondary financial protection (in the form of private 
liability insurance available under an industry retrospective rating 
plan providing for deferred premium charges equal to the pro rata share 
of the aggregate public liability claims and costs, excluding costs 
payment of which is not authorized by section 170o.(1)(D), in excess of 
that covered by primary financial protection) for each nuclear reactor 
which is licensed to operate and which is designed for the production 
of electrical energy and has a rated capacity of 100,000 electrical 
kilowatts or more: Provided, however, that under such a plan for 
deferred premium charges for each nuclear reactor which is licensed to 
operate, no more than $95,800,000 with respect to any nuclear incident 
(plus any surcharge assessed under subsection 170o.(1)(E) of the Act) 
and no more than $10,000,000 per incident within one calendar year 
shall be charged.
* * * * *

    Dated at Rockville, Maryland, this 24th day of July, 2003.
    For the Nuclear Regulatory Commission.
Patricia G. Norry,
Acting Executive Director for Operations.
[FR Doc. 03-20144 Filed 8-6-03; 8:45 am]
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