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