ML20045G082

Proposed Rules 10CFR2 & 72, Interim Storage of Spent Fuel in ISFSI,Site-Specific License to Qualified Applicant. Proposed Amend Administrative in Nature & Would Eliminate Need for Express Commission Authorization for Each License

ML20045G082
Person / Time
Issue date:	05/27/1993
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:
References
FRN-58FR31478, RULE-PR-2, RULE-PR-72 AE64-1-013, AE64-1-13, PR-930527, NUDOCS 9307120068
Download: ML20045G082 (21)

Text

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tys90-o13 NUCLEAR REGULATORY. COMMISSION I

7 P::42

't 10 CFR Parts 2 and 72 RIN:

3150-AE64-i Interim Storage of Spent Fuel in an L

Independent' Spent Fuel Storage Installation; Site-specific License to a Qualified Applicant l

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-AGENCY:

Nuclear Regulatory Commission.

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ACTION:

Proposed rule.

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SUMMARY

The Nuclear Regulatory Commission (NRC) is proposing to amend its procedures under which the Director of Nuclear Materials Safety and Safeguards can issue a site-specific license to a qualified applicant for the interim storage of spent fuel in

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an independent spent fuel storage. installation (ISFSI) followingl

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t satisfactory completion of NRC safety and environmental reviews

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t and after any public hearing on the application.

The proposed

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amendment is administrative in nature and would eliminate the L

nced for express Commission authorizat' in for each ISFSI license, j

but would not affect the scope of'NRC review of an ISFSI license

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-application or change the present opportunity for public hearing

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provided for in the NRC's rules of practice.

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.1 5

J'-/ /7 /43 E

.DATE:

The' comment period expires (seventy-five days.after-

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' publication in the Federal Register).

Comments received after-ll 1

this date will.be: considered if it is practical to do so,'but the I

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9307120068 930527- '

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gf31 PDR-PR-2 SOFR31478:

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p ti e.

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l Commission is able to ensure consideration only for comments received on or before this date.

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ADDRESS:

Submit comments to:

Secretary, U.S.

Nuclear Regulatory Commission, Washington, DC 20555.

ATTN:

Docketing and Services Branch.

i Hand deliver comments to:

11555 Rockville Pike, Rockville, I

. Maryland between 7:45 am and 4:15 pm Federal workdays.

Copies of comments may be examined at the URC Public Document Room, 2120 L Street, NW (Lower Level), Washington, DC.

in the lower level of the Gelman Building.

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i FOR FURTHER INFORMATION CONTACT:

C.

William Reamer, Office of j

the General Counsel, U.S. Nuclear Reaulatory Commission, f

Washington, DC 20555.

Telephone:

(301) 504-1640.

i SUPPLEMENTARY INFOIfATION:

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Background

Under 10 CFR Part 72, the NRC will issue a specific license

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for the interim storage of nuclear power plant spent fuel in an

' independent spent fuel storage installation (ISFSI) if NRC j

determines the application meets the requirements of the Atomic

-Energy Act of 1954 (4 2 U.S.C. 2011 et seq.) and the Commission's f

l regulations.

An ISFSI is a facility that is specifically l

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designed and constructed for interim spent fuel storage, after use of the nuclear fuel as a source of energy in a nuclear power f

l reacror, until its shipment to the U.S.

Department-of Energy's l

planned geologic repository for disposal of radioactive waste.

Part 72 is limited in scope to the temporary storage (up to 20 years with renewal at the option of the NRC) of spent fuel in an ISFSI.

This rulemaking proposes a change to the Commission's

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procedures for the issuance of a specific ISFSI license to a j

qualified applicant.

1 Discussion i

The Commission is proposing to amend the procedures that i

i authorize the NRC Director of Nuclear Material Safety and

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l Safeguards (or the Director's designee) to issue a specific license for the interim storage of spent fuel in an ISFSI under 10 CFR Part 72, after the NRC completes a comprehensive, documented, public health and safety review; prepares an i

environmental assessment and determines that issuing the license j

would conform to all statutory and regulatory requirements; and

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after an opportunity for a public hearing has been offered and f

any requested hearing is complete.

The amendment would end the current internal practice under which the Director obtained the j

i Commission's express authorization for each ISFSI license, after

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i the NRC review and determination that a license should be issued

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under 10 CFR Part 72, but before the Director actually issued the i

license.

The proposed rule would not affene in any way, i

2 existing procedures for the NRC review or ine opportunity for j

public hearing.

i j

The existing rule, which reflects the internal practice the j

4 Commission is proposing to change, provides that the NRC.

" Director of Nuclear Material Safety and Safeguards shall not icace an initial license for the construction and cperation of an ISFSI under 10 CFR Part 72 until expressly authorized to do

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l so by the Commission." (See 10 CFR 2.764(c), 72.46(d)).

This i

rule states a special exception to the Commission's general practice to delegate to the Directcr full authority to issue i

licenses upon favorable completion of NRC reviews, as well as the completion of any public-hearing on tne license application.

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Under the Energy Reorganization Act of 1974 (42 U.S.C.

5801, 5845), the Director's functions are delegated by the Commission and include " principal licensing and regulation" for facilities other than nuclear reactors.

The Commission is proposing to end the special exception, and give the Director comparable authority to issue a license for the interim storage of spent fuel in an l

ISFSI.

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The special exception was added to the Commission's rules in

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t 1980.

See " Licensing Requirements for the Storage of Spent Fuel in an Independent Fuel Spent Storage Installation," 45 FR 74693; t

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November 12, 1980.

At that time, it was understood that an l

option under consideration by the Department of Energy (DOE) was i

the interin storage of spent fuel in a number of large, regional l

spent fuel storage facilities.

Anticipating that the one-step I

licensing process in Part 72 would be used for licensing this

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type of DOE facility, the Commission directed that any license

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i should not be effective until Commission review was complete.

However, following enactrent of the Nuclear Waste Policy Act of t

19E2, which made utilities primarily responsible for providing l

l their own interin spent fuel storage, DOE elected not to pursue f

the option of large-scale, regional storage facilities.

Thus, in-proposing to revise the internal procedure incorporating the special exception, the Commission would be eliminating a procedure it previously adopted to address circumstances that subsequently never materialized.

However, the Commission would have the right to revisit the issue if DOE's plans concerning i

such an interim spent fuel storage option subsequently change.

i l

1 4

i Since the exception was adopted in 1980, the Director has l

issued five specific licenses for storage of spent fuel in ISFSIs at reactor sites after obtaining express Commission authorization.

l to do so.

In particular, licenses were issued for interim spent fuel storage in an ISFSI at Surry Power Station (Virginia l

Electric and Power Co. ), 'H.B. Robinson Unit 2 (Carolina Power and

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Light Co.), Oconee Nuclear Station (Duke Power Co.), Fort St.

Vrain Nuclear Generating Station (Public Service Co. of

)

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6 Colorado), and Calvert Cliffs Nuclear Power Plant (Baltimore Gas l

and Electric Co.).

On the basis of this experience, the~

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Commission' believes the special exception, requiring express l

Commission authorization in every case, is no longer needed.

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Because the current practice creates an additional, unnecessary l

layer of agency review, the Commission believes it can simplify l

t the ISFSI licensing process by eliminating the requirement'for f

i express Commission authorization.

In addition, given that an applicant for a specific ISFSI license is required under Commission regulations (10 CFR Part 170) and the Independent Offices Appropriations Act of 1952 (31 U.S.C.

483a) to pay application and license fees that cover the full cost of NRC i

review, the proposed amendment could save money that would otherwise be expended for unnecessary agency reviews.

As with comparable licensing actions, the Director, NMSS l

will continue to carry out licensing of the interim storage of spent fuel in an ISFSI under Commission supervision and f

i direction.

Specifically, under existing NRC procedures that would be unchanged by this rulemaking, the NRC staff is required to keep the Commission fully and currently informed about l

proposed significant licensing actions (which would include l

issuance by the Director, NMSS of a specific ISFSI license), and i

is also required to bring any significant question of policy to l

the commission for resolution.

These internal mechanisms, which the Commission is not proposing to change, ensure that every l

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specific license for interim spent fuel storage in an ISFSI is issued under the supervision and direction of the Commission.

In addition, as discussed below, if the application for a specific ISFSI license is the subject of a public hearing, parties to the l

i licensing proceeding will continue to have the opportunity to l

i request Commission review of.their concerns before any license is j

issued by the Director.

The prcposed revision concerns only internal agency procedures.

The Commission's existing opportunity for public

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hearing, as described below, would continue for specific ISFSI I

i licenses.

Under the Commission's rules of practice, after receipt of an application for a specific license for interim

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spent fuel storage in an ISFSI, the NRC publishes a notice of:

i proposed action and opportunity for hearing in the Federal Register to potentially interested entities and persons (10 CFR t

]

2.105, 72.46(a)).

Among other things, the. notice indicates that i

e any person whose interest may be affected may file a request for i

a hearing or a petition for leave to intervene.

Potentially affected persons and entities have a right to obtain all relevant NRC staff safety documents, as well as all technical submissions of the license applicant.

They may request a hearing or provide

-l written comments before any final NRC action on an ISFSI license f

application (10 CFR 2.105).

If a hearing on the application is i

held before an Atomic Safety and Licensing Board, issuance of a j

specific license for an ISFSI by NRC must await completion of the l

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I hearing and the initial decision by the Lsard, and must be j

appropriately conditioned'in light of the Board's findings and 4

1 conclusions on the matters determined in the hearing' {10 CFR 2.760).

Under NRC rules of practice, hearing participants have-the right to request Commission review of the Board's decision, including the right to request that the effectiveness of the Board's decision be stayed, and-that the Commission undertake review before license issuance if they believe the facts warrant l

such a review (10 CFR 2.736, 2.788).

Of course, absent a stay f

request, under the general rule which the Commission is now

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proposing to restore, the Board's decision would be i=nediately

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effective, and the Director would issue the ISFSI license within t

10 days af ter the decision, without being required _ to obtain e

i additional, express Commission authorization to do so (See 10 CFR

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2.764(a) and (b)).

t This opportunity for public hearing, including _the' cpportunity to request Commission review before issuance of a specif.ic license for interim storage of spent fuel in an ISFSI,

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would therefore continue even if the internal changes proposed in this document were adopted.

Furthermore, as discussed below, these proposed amendments would not change, in any manner, the scope of the agency's reviews of an application for a specific I

license for an ISFSI.

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Because these proposed amendments are administrative in f

nature, they are intended not to affect the scope of the NRC's environmental assessment or its comprehensive public health and safety review of an application for a specific license for an ISFSI.

Upon receipt of an ISFSI license application, after publishing a notice of docketing in the Federal Register, the NRC staff reviews the license application and applicant's supporting I

safety analysis report (SAR) describing the proposed ISFSI.

This cc prehencive, technical review by the NRC staff addresses all i

relevant public health and safety matters including site 1

characteristics affecting construction and operating requirements for the proposed ISFSI, criteria for and design of the proposed f

f installation, operation systems of the facility, site-generated I

waste confinement and management systems, measures to ensure the protection of the public and occupational workers from radiation I

and radioactive materials, analyses of potential accidents that l

might occur at the facility, and the applicant's plans for the.

l conduct of ISFSI operations.

In its review, the NRC. staff may l

require further submittals from the applicant as necessary to j

omplete the ISFSI application, will thoroughly review all of the applicant's supporting technical information, and will

-i independently verify the applicant's safety analyses and design l

I calculations if necessary.

To document its review and i

conclusions, the NRC staff will prepare a comprehensive safety I

evaluation report (SER) detailing its safety findings and-conclusions, as well as an environmental assessment (EA) for the i

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proposed specific license for interim storage of spent fuel'in an l

t ISFSI.

As noted, interested members of the public may obtain j

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copies of these documents from NRC.

None of these'NRC staff j

technical activities would, in any way,. be modified by this i

proposed amendment.

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Under the proposed amendments, the commission's express

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authorization would continue to be required before issuance by i

the Director, NMSS, of any initial license for the acquisition, j

receipt er possession of spent fuel, high-level waste and associated radioactive material, for the purpose of'storageLat a.

I monitored retrievable storage installation (MRS).

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Section-by-Section Analysis

'l This portion of the notice of proposed rulemaking contains a l

section-by-section analysis of proposed amendments, f

A.

Rules of Practice (10 CFR 2.764).

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The Commission is proposing to amend 10 CFR 2.764(c) to eliminate the references in the section to "an independent spent fuel storage installation (ISFSI)."

As amended, the provision would continue to apply in the future to licensing of a' monitored retrievable storage installation (MRS) under 10 CFR Part 72..The i

l 1

j 11 amendment would therefore eliminate the requirement of express t

Commission authorization before issuance by the Director of NMSS l

(or the Director's designee) of each initial license for interin

'f storage of spent fuel in an ISFSI.

The general rule would thus i

apply under which the Director, NMSS, would have delegated m

authority, when no public hearing on the application has been f

requested, to issue a license for an ISFSI under 10 CFR Part 72

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following satisfactory completion of NRC's environmental accescment and public health and safety review, without obtaining t

additional, express authorization from the commission to do so.

Further, under the proposed amendment to 10 CFR 2.764, if the application is the subject of a public hearing, then the Director l

would issue the license for an ISFSI only after an initial j

decision of the Atomic Safety and Licensing Board directing l

issuance of the license, but without the Director being required t

to obtain the additional, express authorization of the Commission i

i to do so.

In this connection, 10 CFR 2.764(a) and (b) would be 1

clarified to explicitly incorporate "a license under 10 CFR Part

)

72 to store spent fuel in an independent spent fuel storage I

installation (ISFSI)" to thereby cover any application for a specific ISFSI license that is the subject of a public hearing.

Under other provisions of the Commission's rules pertaining to the opportunity for public hearing that would not be changed, a party to the hearing could request Commission review and ask

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the Commission to stay the effectiveness of the Board's decision 1

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12 (including any direction for issuance of any ISFSI license) l pending that review (10 CFR 2.786, 2.788).

If the Co= mission granted a stay, then the Director would not issue the license until the terms of the stay, if any, were met or until further l

order of the Commission.

B.

Licensing Recuirenents for ISFSIs (10 CFR 72.46).

The prcpcsed a=endment of 10 CFR 72. 4 6 (d) would delete the reference to "an ISFSI" in the last sentence of paragraph (d).

As atended, the sentence would continue to apply to licensing of the MRS.

Thus, under the amendment, the Director, NMSS, would have delegated authority to issue a specific license for interim storage of spent fuel in an ISFSI.

He/she would not be required to seek the express authorization of the Commission to do so.

However, the Director's authority would continue to be. subject to the limitation that the commission will be fully and currently inf ormed and will address any significant questions of policy relating to a specific license for interim storage of spent fuel in an ISFSI.

Environmental Impact:

Categorical Exclusion The NRC has determined that this proposed rule is the type of action described in categorical exclusion 10 CFR 51.22(c) (1)

i 13 and (3).

Therefore, neither an environmental impact statement nor an environmental assessment has_been prepared for this proposed rule.

i Paperwork Reduction Act Statement This proposed rule does not contain a new or amended t

information collection requirement subject to the requirements of i

the Paperwork Reduction Act of 1980 (44 U.S.C.

3501 et seq.).

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Existing requirements were approved by the Office of Management q

and Budget, approval numbers 3150-0136 and 0132.

t Regulatory Analysis The Nuclear Regulatory Commission is proposing to make changes to internal procedures that are administrative in nature.-

I The changes will not have any significant impact on the public health and safety or the U.S. economy.

The proposed changes would create no new regulatory burdens, or result in the use of resources by NRC licensees or by the staff of the NRC or an

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Agreement State.

The Commission's current procedures require the Director, NMSS, to obtain express authorization of the Commission before issuing a license to construct and operate an ISFSI.

The anendments, if adopted, would authorize the Director to issue a

14 license for interim storage of spent fuel in an ISFSI without l

seeking express authorization from the commission to do so.

Under either alternative, the economic costs are not expected to be significant in terms of time and resources expended by the t

Commission and other persons.

However, the costs of the proposed amendments, in this regard, are likely to be less than the costs I

of the current procedure since the amendments would reduce the layers of agency review.

The foregoing discussion constitutes

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the regulatcry analysis for this proposed rule.

Regulatory Flexibility Act Certification f

l The proposed rule, if adopted, will not have a significant economic impact on a substantial number of small entities.

The proposed rule sets forth internal procedures of an administrative j

l nature for issuance of licenses for ISFSIs.

Owners of nuclear j

power reactors do not fall within the scope of the definition of "small entities" set forth in section 601(3) of the Regulatory Flexibility Act (15 U.S.C. 632) or the Small Business Size f

Standards set out in regulation issued by the Small Business Administration at 13 CFR Part 121.

Thus, in accordance with the I

Regulatory Flexibility Act of 1980, 5 U.S.C.

605(b), the NRC hereby certifies that this rule, if promulgated, will not have a j

significant economic impact upon a substantial number of small entities.

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i Backfit Analysis i

The NRC has determined that the backfit rule, 10 CFR 72.62, i

i does not apply to this proposed rule and that a backfit analysis is not required because these amendments, if adopted, would not involve any provisions which would impose backfits as defined in 10 CFR 72.62(a) (see also 10 CFR 50.109).

.f List of Subjects t

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.

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10 CFR Part 72 - Manpower training programs, Nuclear

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materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures', Spent fuel.

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i For the reasons set out in the preamble and under the f

authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C.

553, l

f i

e f

1

16 the Nuclear Regulatory Commission is proposing to adopt amendments to 10 CFR Parts 2 and 72.

f PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND 4

t 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.

Sec. 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 I

U.S.C.

2132, 2133, 2134, 2135, 2233, 2239).

Section 2.103 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, l

a i

17 186, 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).

Sections 2.600-2.606 also issued under sec. 102,

'I Pub.

L.91-190, 83 Stat. 853, as amended (42 U.S.C. 4332).

i i

Sections 2.700a, 2.719 also issued under 5 U.S.C.

554.

Sections

i i

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'j.

Ceccion 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

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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,

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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 s

Stat. 955 (42 U.S.C.

2239).

Appendix A also issued under sec.

6, i

Pub. L.91-560, 84 Stat. 1473 (42 U.S.C. 2135).

Appendix B also l

1 issued under sec. 10, Pub. L.99-240, 99 Stat. 1842 (42 U.S.C.

2021b et seg.).

l I

i 2.

In S 2.764, paragraphs (a), (b) and (c) are revised to read as follows:

I S 2.764 Immediate effectiveness of initial decision directina i

issuance or amendment of construction permit or operating license.

l

'j 18 (a) Except as provided in paragraphs (c) through (f) of this section, or as otherwise ordered by the Commission in special circumstances, an initial decision directing the issuance or 1

amendment of a construction permit, a construction authorization, l

f an operating license, or a license under 10 CFR Part 72 to store-f spent fuel in an independent spent fuel storage installation (ISFSI) shall be effective immediately upon issuance unless the presiding officer finds that good cause has been shown by a party uhy the initial decision should not beccme immediately effective, i

subject to review thereof and further decision by the Commission 1

l upon petition for review filed by any party pursuant to.S 2.786

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or upon its own notion.

(b) Except as provided in paragraphs (c) through (f) of this t

section, or as otherwise ordered by the Commission in special circumstances, the Director of Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards, as appropriate, notwithstanding the filing or granting of a petition l

i for review, shall issue a construction permit, a construction j

l authorization, an operating license, or a license under 10 CFR l

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Part 72 to store spent fuel in an independent spent fuel storage

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installation (ISFSI), or amendments thereto, authorized by an initial decision. within ten (10) days from the date of issuance

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of the decision.

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i 19 (c) An initial decision directing the issuance of an initial i

license for the construction and operation of a monitored i

i retrievable storage installation (MRS) under 10 CFR Part 72 shall f

f become effective only upon order of the Commission.

The Director of Nuclear Material Safety and-Safeguards shall not issue an f

i initial license for the construction and operation of a monitored i

retrievable storage installation (MRS) under 10 CFR Part 72 until f

expressly authorized to do so by the Commission.

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s PART 72 - LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF h

SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE

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l f

3.

The authority citation for Part 72 continues to read as 3

follows:

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AUTHORITY:

Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, i

183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934,-935, i

3 l

i 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as i

amended (42 U.S.C.

2071, 2073, 2077, 2092, 2093, 2095, 2099, I

2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282); sec. 274, i

f Pub.

L.86-373, 73 Stat. 688, as amended (42 U.S.C.

2021); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended,: 1244, 1246

[

(42 U.S.C.

5841, 5842, 5846); Pub.

L.95-601, sec. 10, 92 Stat.

f

E

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s k

i 20 2951 (4 2 U. S. C.

5851); sec. 102, Pub.

L.91-190, 83 Stat. 853-(42 i

U.S.C.

4332); Secs. 131, 132, 133, 135, 137, 141, Pub. L.97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub.

L.

100-203,-101 i

Stat. 1330-235 (43 U.S.C.

10151, 10152, 10153, 10155, 10157, l

t 10161, 10168).

1 Section 72.44(g) also issued under secs. 142(b) and 148(c),

(d), Pub.

L.

100-203, 101 Stat. 1330-232, 1330-236 (4 2 U.S.C.

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10162(b), 10168 (c), (d).

Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C.

2239); section 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154).

Section 72.96(d) also issued under-sec. 145(g), Pub. L.

100-203, 101 Stat. 1330-235 (42 U.S.C.

10165(g).

Subpart J also issued under secs. 2(2), 2(15), 2(19),

117(a), 141(h), Pub. L.97-425, 96 Stat. 2202,-2203, 2204, 2222,

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2224 (42 U.S. C.

10101, 10137(a), 10161(h)).

Subparts K and L are

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also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and' f

sec. 218(a), 96 Stat. 2252 (42 U.S.C. 10198).

4.

In S72.46, paragraph (d) is revised to read as follows:

j l

I i

S 72.46 Public hearinas.

l l

I (d)

If no request for a hearing or petition fer leave to l

intervene is filed within the time prescribed in the notice of i

21 proposed action and opportunity for hearing, the Director, Office

[

of Nuclear Material Safety and Safeguards or the Director's designee may take the proposed action, and thereafter shall promptly inform the appropriate State and local officials and publish a notice in the Federal Reaister of the action taken.

In accordance with S 2.764 (c) of this chapter, the Director, Office of nuclear Material Safety and Safeguards shall not issue an i

initial license for the construction and operation of an MRS i

until exprensly authorized to do so by the Ccanission.

1 v

Dated at Rockville, Maryland, this day of' 8.V 1993.

Foy the Nuc ar Regulatory Cc :ission.

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t famuel J. Chi (k',

l Secretary of the Commission.

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