[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]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
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