Document zb3vaGqjn5VpqzppV3GeNr8Xn

22532 Federal Register / Vol. 51, No. 119 / Friday, June 20, 1986 / Proposed Rules ammg 40, 50, 61, 70, and 72. This includes unless bankruptcy filing occurs. Even in employees by reducing the potential for byproduct, source, and special nuclear the event of bankruptcy, the impact of spread of contamination in the facility material licensees, as well os production this rule on licensees is small since the and resultant occupational exposure. and utilization facility, low-level waste United States Code contains (5) The proposed amendment imposes disposal facility, and independent spent requirements regarding notification of requirements for administrative fuel storage installation licensees. creditors of bankruptcy. This rule would procedure action only, hence there is no Environmental Impact require one additional notification. In addition, the required action consists equipment installation cost, no facility downtime cost, and no cost of Categorical Exclusion only of a notification by mail to the construction delay. A3 indicated in (2). The NRC has determined that this proposed regulation is the type of action described in categorical exclusion 10 NRC. an action representing less than one-half person-hour of effort. The net overall cost to the industry is negligible. CFR 51.22(c)(3)(iii). Therefore, neither an - BackFit Analysis environmental impact statement nor an environmental assessment has been Backfit Analysis Factors prepared for this proposed regulation. 10 CFR 50.109 (50 FR 38097) requires Paperwork Reduction Act Statement that an analysis be performed for backfits which the Commission seeks to This proposed rule amends impose on power reactor licensees. The information collection requirements that proposed amendment requiring are subject to the Paperwork Reduction notification of bankruptcy has been Act of 1980 (44 U.S.C. 3501 et seq.). This analyzed based on the factors listed in rule has been submitted to the Office of 10 CFR 50.109(c) as follows: . Management and Budget for review and (1) The objective of the proposed approval of the paperwork amendment is for NRC to have means in requirements. place so that it would be alerted and Regulatory Analysis would have the opportunity to take necessary action to deal with potential The Commission has prepared a draft hazards to the public health and safety regulatory analysis on this proposed that may occur at a facility where a regulation. The analysis examines the licensee is involved in bankruptcy costs and benefits of the alternatives proceedings. Although the likelihood of considered by the Commission. The utility bankruptcy is small and in most draft analysis is available for inspection instances NRC would be aware of it in the NRC Public Document Room, 1717 occurring, there is a potential that NRC H Street NW, Washington, DC. Single ' may not be aware of a particular copies of the analysis may be obtained bankruptcy situation involving a from Frank Cardile, U.S. Nuclear licensee. Regulatory Commission. Washington, (2) The proposed amendment would DC, 20555, telephone (301) 443-7815. require a licensee to notify the The Commission requests public appropriate regional office of the NRC, comment on the draft regulatory in writing, in the event of the analysis. Comments on the draft commencement of a bankruptcy analysis may be submitted to the NRC proceeding involving the licensee. A as indicated under the addresses licensee would not be affected by these heading. amendments unless and until a Regulatory Flexibility Certification bankruptcy petition is filed. (3) The proposed amendments will In accordance with the Regulatory improve NRC's inspection and there is no action required of a licensee unless and until a bankruptcy petition is filed and hence there is no continuing cost associated with the backfit. Even in the event of bankruptcy the cost impact of this rule is negligible because the action required, namely a notice listing the location and date of the bankruptcy Filing mailed to the NRC regional office, is minimal. As noted in (3) and (4) above, timely involvement of NRC in the situation can minimize potential for spread of contamination in the facility and therefore also minimize added cleanup costs which could then occur. This reduction in cost can be substantial compared to the small cost associated with the notification, resulting in net savings. (8) The proposed amendment is administrative and hence has no safety impact of changing plant or operational complexity. (7) With regard to the resource burden on the NRC, no NRC activity is necessary unless and until a licensee submits a notification to the NRC. If a notice were submitted, the amount of time spent on actually reading and docketing of the notification would be minimal. By alerting NRC to the situation, this rule would pul NRC in a better reactive mode and thereby could reduce NRC staff time involved in activities such as necessary enforcement actions and meetings with a concerned public regarding a contaminated facility. This reduction in staff time could be significantly greater than that spent in reading and docketing Flexibility Act of 198Q, 5 U.S.C. 605(b), enforcement capabilities in dealing the notification, thus resulting in a net . the Commission hereby certifies that promptly with the potential radiological ' reduction in staff resources. this rule, if promulgated, will not have a consequences of a licensee's severe (8) The proposed amendment would significant economic impact on a Financial problems thus providing a apply to all power reactor licensees substantial number of small.entities.' benefit in protection of the public health independent of facility type, design, and This proposed rule would amend 10 CFR and safety. In addition, although the age. Parts 30.40, 50, 61, 70, and 72 to require level of.risk to the public is small, NRC's (9) When the proposed amendment is that licensees notify the appropriate timely involvement can resulf in some made effective, it would be a final NRC Regional Office in the event of the potential reduction in the risk of action. commencement of a'bankruptcy radiation exposure by reducing the . proceeding involving the licensee so that likelihood that improper radioactive Backfit Analysis Determination NRC is awareof this significant waste handling or decontamination will Based on the analysis of the factors as Financial problem and can take occur at a-facility where a licensee is presented above the Commission has necessary actions assuring that the ' involved in bankruptcy proceedings. determined that this proposed rule does health and safety of the public is (4) In a manner similar to that not meet the backfitting requirements of protected. Because no action is required described in (3) above, although it would 10 CFR 50.109(a)(3) namely that there be of a licensee by these amendments be small, the proposed amendment can a substantial increase in overall unless and until a bankruptcy petition is result in some reduction in risk of protection of public health and safety. filed, there is no impact from this rule radiological exposure of facility However, the proposed rule is not GLEASON-000797