[Federal Register Volume 70, Number 207 (Thursday, October 27, 2005)]
[Rules and Regulations]
[Pages 61885-61888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21342]



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 Rules and Regulations
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  Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / 
Rules and Regulations  

[[Page 61885]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 2, 50, 52, and 140

RIN 3150-AH78


Price-Anderson Act Financial Protection Regulations and 
Elimination of Antitrust Reviews

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations to conform with the requirements of the Energy Policy Act 
of 2005. The revised regulations include Congress's prescribed increase 
in the amount of the required annual financial contributions required 
from commercial reactors in the event of a nuclear accident to pay for 
third party liability under the Price-Anderson Act. Another revision 
provides Congress's accommodation for modular reactors, which permits a 
defined combination of these reactors to be considered a single reactor 
for the determination of financial obligations under the Price-Anderson 
Act. Additional revisions, essentially deletions, result from 
Congress's terminating NRC's authority and responsibility to conduct 
antitrust reviews of future applications to construct or operate a 
nuclear reactor.

DATES: This rule is effective on November 28, 2005.

FOR FURTHER INFORMATION CONTACT: Marjorie Nordlinger, Senior Attorney, 
Office of the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone (301) 415-1616, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. Discussion of Final Rule
III. Voluntary Consensus Standards
IV. Finding of No Significant Impact: Environmental Assessment
V. Paperwork Reduction Act Statement
VI. Regulatory Analysis
VII. Backfit Analysis
VIII. Congressional Review Act

I. Background

    The Nuclear Regulatory Commission (NRC) is amending its regulations 
to conform with recently enacted provisions contained in the Energy 
Policy Act of 2005, Public Law 109-58. In that act, Congress amended 
Section 170 of the Atomic Energy Act (the Price-Anderson Act) to 
increase the amount reactor licensees must contribute annually to 
compensate the public for damages if a nuclear accident occurs. 
Congress also provided special treatment for potential licensees of 
modular reactors by defining what combination of reactors is entitled 
to be considered a single reactor under the Price-Anderson Act for 
determining the applicable financial requirements. In the same 
legislation, Congress eliminated NRC's authority and responsibility to 
conduct antitrust reviews of future applications for a license to 
construct or operate a nuclear reactor.
    This rule revises the Commission's regulations solely to comply 
with the Energy Policy Act of 2005. The changes simply incorporate 
mandatory statutory requirements or eliminate authorities and actions 
under a Congressional mandate, which by its terms applies only to 
future nuclear reactor construction permits and operating license 
applications and has no effect on the Commissions' authority relative 
to existing nuclear reactor operating license antitrust conditions. 
Accordingly, good cause exists under 5 U.S.C. 553(d)(3) to publish this 
final rule without soliciting public comment because the Commission has 
no discretion in these matters and public comment would serve no useful 
purpose. The revisions are being published as a final rule that will 
become effective 30 days from the date of publication in the Federal 
Register.

II. Discussion of the Final Rule

A. Antitrust Amendments

    The Atomic Energy Commission and its successor the Nuclear 
Regulatory Commission have had the authority and obligation to conduct 
antitrust reviews of applicants for licenses to construct and operate 
nuclear reactors. In determining whether to grant such a license, the 
Commission was required to make a finding whether the activities under 
the license would create or maintain a situation inconsistent with the 
Nation's antitrust laws. Sometimes the Commission has needed to conduct 
a lengthy hearing on antitrust issues before issuing its decision. In 
recent years, other Government agencies more specialized in financial 
matters have demonstrated oversight and authority sufficient to discern 
and address potential anticompetitive behavior of nuclear energy 
producers. In light of the redundant antitrust responsibilities of the 
Commission and those agencies, Congress enacted section 625 of the 
Energy Policy Act of 2005 which eliminated the Commission's antitrust 
authority with respect to future license applications. The final rule's 
changes in the regulations remove all antitrust review requirements and 
references to the discontinued antitrust review.

B. Price-Anderson Act Amendments

    In the event of a serious nuclear accident with substantial offsite 
damages, the Price-Anderson Amendments Act of 1988 required each 
licensee of a commercial reactor (one with a rated capacity of 100,000 
electrical kilowatts or more) to pay into a retrospective premium pool, 
as needed, $10 million annually per reactor up to the sum of $63 
million as adjusted for inflation to pay for harm to person or property 
caused by the accident. By August 2003, that sum, as adjusted for 
inflation, had reached the amount of $95,800,000. In section 603 of The 
Energy Policy Act of 2005, Congress replaced the $63 million limit with 
the $95,800,000 current limit, already incorporated in the Commission's 
rules as the new base for inflation adjustment. Congress also decided 
that the $10 million annual payment which had remained unchanged since 
1988 should be increased to $15 million and should be adjusted for 
inflation in the future. Accordingly, the Commission is changing the 
regulation to reflect the current $15 million amount the nuclear 
reactor licensees would pay annually if public liability damages 
exceeded the insurance required to be carried by the licensee.
    In section 608 of the Energy Policy Act of 2005, Congress 
recognized that new designs of reactors known as modular reactors could 
result in

[[Page 61886]]

groupings of a smaller capacity reactor than the typical commercial 
reactor currently in use, but where each single modular reactor still 
exceeds the 100,000 electrical kilowatts that would trigger the 
financial obligations currently required of a large reactor. To make 
the small modular reactors economically feasible while maintaining for 
them an equitable obligation to assure available funds for the public, 
the Energy Policy Act provided that a prescribed combination of 
facilities should be considered as a single facility for the sole 
purpose of assessing financial obligations under the Price-Anderson 
Act. The Commission is amending its rules to include the description of 
the combination of modular reactors which is to be treated as a single 
reactor for assessing obligations to contribute to the pool that will 
pay for public harm if a serious nuclear accident occurs.

III. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, requires that Federal agencies use technical 
standards that are developed or adopted by voluntary consensus 
standards bodies unless the use of such a standard is inconsistent with 
applicable law or otherwise impractical. In this rule, the NRC is 
revising its regulations to reflect statutory mandates contained in the 
Energy Policy Act of 2005. This action does not constitute the 
establishment of a standard that contains generally applicable 
requirements.

IV. Finding of No Significant Impact: Environmental Assessment

    The Commission has determined under the National Environmental 
Policy Act of 1969, as amended, and the Commission's regulations in 
Subpart A of 10 CFR Part 51, that this rule is not a major Federal 
action significantly affecting the quality of the human environment 
and, therefore, an environmental impact statement is not required. The 
basis for this determination is that the rule relates to liability 
under the Price-Anderson Act and the elimination of NRC's antitrust 
reviews. In addition, the changes to the regulations in Parts 2, 50, 52 
and 140 are actions that fall within the categorical exclusions set out 
in 10 CFR 51.22(c)(1) and (3).

V. Paperwork Reduction Act Statement

    This final rule does not contain new or amended information 
collection requirements 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 numbers 3150-0011, 3150-0151, 
and 3150-0039.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

VI. Regulatory Analysis

    A regulatory analysis has not been prepared for this regulation. 
This rule amends NRC regulations to be consistent with provisions in 
the Energy Policy Act of 2005. This rule does not involve an exercise 
of Commission discretion and, therefore, does not necessitate 
preparation of a regulatory analysis.

VII. Backfit Analysis

    The NRC has determined that the backfit rule does not apply to this 
final rule; and therefore, a backfit analysis is not required for this 
final rule because these amendments are mandated by the Energy Policy 
Act of 2005.

VIII. Congressional Review Act

    In accordance with the Congressional Review Act, 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

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 50

    Antitrust, Classified information, Criminal penalties, Fire 
protection, Intergovernmental relations, Nuclear power plants and 
reactors, Radiation protection, Reactor siting criteria, Reporting and 
recordkeeping requirements.

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.

10 CFR Part 140

    Criminal penalties, 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 amendments to 10 CFR parts 2, 50, 52, and 140.

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

0
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; sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 
note).
    Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 
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. 10143(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, 183i, 189, 68 Stat. 936, 937, 938, 954, 955, as 
amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Sections 
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 (42 U.S.C. 
2201(b), (I), (o), 2236, 2282); sec. 206, 88 Stat 1246 (42 U.S.C. 
5846). Section 2.205(j) also issued under Pub. L. 101-410, 104 Stat. 
90, as amended by section 3100(s), Pub. L. 104-134, 110 Stat. 1321-
373 (28 U.S.C. 2461 note). 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 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).

[[Page 61887]]

    Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 
2239). Subpart M also issued under sec. 184 (42 U.S.C. 2234) and 
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).


0
2. In Sec.  2.101 paragraphs (a-1)(5) and (e) are removed, paragraphs 
(f) and (g) are redesignated as paragraphs (e) and (f) respectively, 
and paragraphs (a)(5), (a-1) introductory text, and (c) are revised to 
read as follows:


Sec.  2.101  Filing of application.

    (a) * * *
    (5) An applicant for a construction permit for a production or 
utilization facility which is subject to Sec.  51.20(b) of this 
chapter, and is of the type specified in Sec.  50.21(b)(2) or (3) or 
Sec.  50.22 of this chapter or is a testing facility may submit the 
information required of applicants by part 50 of the chapter in two 
parts. One part shall be accompanied by the information required by 
Sec.  50.30(f) of this chapter, another part shall include any 
information required by Sec.  50.34(a) and, if applicable, Sec.  50.34a 
of this chapter. One part may precede or follow other parts by no 
longer than six (6) months. If it is determined that either of the 
parts as described above is incomplete and not acceptable for 
processing, the Director of Nuclear Reactor Regulation or Director of 
Nuclear Material Safety and Safeguards, as appropriate, will inform the 
applicant of this determination and the respects in which the document 
is deficient. Such a determination of completeness will generally be 
made within a period of thirty (30) days. Whichever part is filed first 
shall also include the fee required by Sec. Sec.  50.30(e) and 170.21 
of this chapter and the information required by Sec. Sec.  50.33, 
50.34(a)(1) and 50.37 of this chapter. The Director of Nuclear Reactor 
Regulation or Director of Nuclear Material Safety and Safeguards, as 
appropriate, will accept for docketing an application for a 
construction permit for a production or utilization facility which is 
subject to Sec.  51.20(b) of this chapter, and is of the type specified 
in Sec.  50.21(b)(2) or (3) or Sec.  50.22 of this chapter or is a 
testing facility where one part of the application as described above 
is complete and conforms to the requirements of part 50 of this 
chapter. The additional parts will be docketed upon a determination by 
the Director of Nuclear Reactor Regulation or Director of Nuclear 
Material Safety and Safeguards, as appropriate, that it is complete.
    (a-1) Early consideration of site suitability issues. An applicant 
for a construction permit for a utilization facility which is subject 
to Sec.  51.20(b) of this chapter and is of the type specified in Sec.  
50.21(b)(2) or (3) or Sec.  50.22 of this chapter or is a testing 
facility, may request that the Commission conduct an early review and 
hearing and render an early partial decision in accordance with subpart 
F on issues of site suitability within the purview of the applicable 
provisions of parts 50, 51 and 100 of this chapter. In such cases, the 
applicant for the construction permit may submit the information 
required of applicants by the provisions of this chapter in three 
parts:
* * * * *
    (c) Upon receipt and acceptance for docketing of the required 
portions of the application dealing with radiological health and safety 
and environmental matters, notice of receipt will be published in the 
Federal Register including an appropriate notice of hearing.
* * * * *


Sec.  2.102  [Amended]

0
3. In Sec.  2.102, paragraph (d) is removed.

0
4. In Sec.  2.104, footnote 4 and paragraph (d)(3) are removed, 
paragraph (d)(4) is redesignated as paragraph (d)(3), the introductory 
text of paragraph (d) and paragraphs (d)(1) and (d)(2) are revised to 
read as follows:


Sec.  2.104  Notice of hearing.

* * * * *
    (d) In an application for a construction permit or an operating 
license for a facility on which a hearing is required by the Act or 
this chapter, the notice of hearing will, unless the Commission 
determines otherwise, state:
    (1) A time of the hearing which will be as soon as practicable 
after compliance with section 189a of the Act and this part;
    (2) The presiding officer for the hearing who shall be either an 
administrative law judge or an atomic safety and licensing board 
established by the Commission or by the Chief Administrative Judge of 
the Atomic Safety and Licensing Board Panel; and
* * * * *

0
5. In Sec.  2.105, paragraph (f) is removed and paragraph (e)(2) is 
revised to read as follows:


Sec.  2.105  Notice of proposed action.

* * * * *
    (e) * * *
    (2) If a request for a hearing or a petition for leave to intervene 
is filed within the time prescribed in the notice, the presiding 
officer who shall be an Atomic Safety and Licensing Board established 
by the Commission or by the Chief Administrative Judge of the Atomic 
Safety and Licensing Board Panel, will rule on the request and/or 
petition, and the Secretary or the presiding officer will issue a 
notice of hearing or an appropriate order.

0
6. In Sec.  2.402, paragraph (a) is revised to read as follows:


Sec.  2.402  Separate hearings on separate issues; consolidation of 
proceedings.

    (a) In the case of applications under appendix N of part 52 of this 
chapter for construction permits for nuclear power reactors of a type 
described in Sec.  50.22 of this chapter, the Commission or the 
presiding officer may order separate hearings on particular phases of 
the proceeding, such as matters related to the acceptability of the 
design of the reactor, in the context of the site parameters postulated 
for the design or environmental matters.
* * * * *

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

0
7. The authority citation for part 50 is revised to read as follows:

    Authority: Secs. 102, 103, 104, 161, 182, 183, 186, 189, 68 
Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 
83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 
2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Section 50.7 also 
issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 
5841). Section 50.10 also issued under secs. 101, 185, 68 Stat. 955, 
as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 91-190, 83 
Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), and 50.103 
also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 
2138).
    Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 
185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and 
Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853 
(42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 
204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 50.91, and 
50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 
2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 
U.S.C. 2152). Sections 50.80--50.81 also issued under sec. 184, 68 
Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued under 
sec. 187, 68 Stat. 955 (42 U.S.C. 2237).


0
8. Section 50.8 paragraph (b) is revised to read as follows:


Sec.  50.8  Information collection requirements: OMB approval.

* * * * *

[[Page 61888]]

    (b) The approved information collection requirements contained in 
this part appear in Sec. Sec.  50.30, 50.33, 50.34, 50.34a, 50.35, 
50.36, 50.36a, 50.36b, 50.44, 50.46, 50.47, 50.48, 50.49, 50.54, 50.55, 
50.55a, 50.59, 50.60, 50.61, 50.62, 50.63, 50.64, 50.65, 50.66, 50.68, 
50.69, 50.70, 50.71, 50.72, 50.74, 50.75, 50.80, 50.82, 50.90, 50.91, 
50.120, and appendices A, B, E, G, H, I, J, K, M, N,O, Q, R, and S to 
this part.
* * * * *


Sec.  50.33a  [Removed]

0
9. Section 50.33a is removed.

0
10. Section 50.80 paragraph (b) is revised to read as follows:


Sec.  50.80  Transfer of licenses.

* * * * *
    (b) An application for transfer of a license shall include as much 
of the information described in Sec. Sec.  50.33 and 50.34 of this part 
with respect to the identity and technical and financial qualifications 
of the proposed transferee as would be required by those sections if 
the application were for an initial license. The Commission may require 
additional information such as data respecting proposed safeguards 
against hazards from radioactive materials and the applicant's 
qualifications to protect against such hazards. The application shall 
include also a statement of the purposes for which the transfer of the 
license is requested, the nature of the transaction necessitating or 
making desirable the transfer of the license, and an agreement to limit 
access to Restricted Data pursuant to Sec.  50.37. The Commission may 
require any person who submits an application for license pursuant to 
the provisions of this section to file a written consent from the 
existing licensee or a certified copy of an order or judgment of a 
court of competent jurisdiction attesting to the person's right 
(subject to the licensing requirements of the Act and these 
regulations) to possession of the facility involved.
* * * * *

Appendix L to Part 50--[Removed and Reserved]

0
11. Appendix L to part 50 is removed and reserved.

0
12. In Appendix N to part 50, paragraph 2, is revised to read as 
follows:

Appendix N to Part 50--Standardization of Nuclear Power Plant Designs; 
Licenses To Construct and Operate Nuclear Power Reactors of Duplicate 
Design at Multiple Sites

* * * * *
    2. Applications for construction permits submitted pursuant to 
this appendix must include the information required by Sec. Sec.  
50.33, 50.34(a) and 50.34a(a) and (b) and be submitted as specified 
in Sec.  50.4. The applicant shall also submit the information 
required by Sec.  51.50 of this chapter.
* * * * *

PART 52--EARLY SITE PERMITS; STANDARD DESIGN CERTIFICATIONS; AND 
COMBINED LICENSES FOR NUCLEAR POWER PLANTS

0
13. The authority citation for part 52 continues to read as follows:

    Authority: Sec. 161, 68 Stat. 948, as amended, sec. 274, 73 
Stat. 688 (42 U.S.C. 2201, 2021); sec. 201, 88 Stat. 1242, as 
amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 
note). Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued 
under secs. 11e(2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84, 
92 Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). Section 
150.14 also issued under sec. 53, 68 Stat. 930, as amended (42 
U.S.C. 2073). Section 150.15 also issued under secs. 135, 141, Pub. 
L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 
150.17a also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). 
Section 150.30 also issued under sec. 234, 83 Stat. 444 (42 U.S.C. 
2282).


0
14. Section 52.77 is revised to read as follows:


Sec.  52.77  Contents of applications; general information.

    The application must contain all of the information required by 10 
CFR 50.33, as that section would apply to applicants for construction 
permits and operating licenses.

PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY 
AGREEMENTS

0
15. The authority citation for part 140 is revised 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); sec. 1704, 112 Stat. 2750 
(44 U.S.C. 3504 note); Pub. L. 109-58.


0
16. 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) of the Act, 
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 $15,000,000 per incident within one calendar 
year shall be charged. Except that, where a person is authorized to 
operate a combination of 2 or more nuclear reactors located at a single 
site, each of which has a rated capacity of 100,000 or more electrical 
kilowatts but not more than 300,000 electrical kilowatts with a 
combined rated capacity of not more than 1,300,000 electrical 
kilowatts, each such combination of reactors shall be considered to be 
a single nuclear reactor for the sole purpose of assessing the 
applicable financial protection required under this section.
* * * * *

    Dated at Rockville, Maryland this 11th day of October, 2005.

    For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 05-21342 Filed 10-26-05; 8:45 am]
BILLING CODE 7590-01-P