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[Federal Register: October 20, 2010 (Volume 75, Number 202)]
[Notices]               
[Page 64717-64718]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc10-48]                         

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DEPARTMENT OF ENERGY

 
Convention on Supplementary Compensation for Nuclear Damage 
Contingent Cost Allocation

AGENCY: Office of the General Counsel, Department of Energy.

ACTION: Notice of extension of public comment period for reply 
comments.

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SUMMARY: On July 27, 2010, the Department of Energy (DOE) published in 
the Federal Register a notice of inquiry (NOI) and request for comment 
from the public in its development of regulations pertaining to section 
934, of the Energy Independence and Security Act of 2007 (``Act''). 
Section 934 addresses how the United States will meet its obligations 
under the Convention for Supplementary Compensation for Nuclear Damage 
(``CSC'') including its obligation to contribute to an international 
supplementary fund in the event of certain nuclear incidents. The NOI 
provided a September 27, 2010, deadline for comments, which was 
subsequently extended to October 27, 2010 in response to a public 
request for extension. This notice announces a second and final 
extension of the comment period to November 30, 2010.

DATES: DOE will accept comments and information regarding the NOI and 
the development of regulations under the Act received no later than 
November 30, 2010.

ADDRESSES: Any comments submitted must identify section 934 of the Act, 
as appropriate. Comments may be submitted using any of the following 
methods:
     E-mail: Section934Rulemaking@Hq.Doe.Gov Include Section 
934 in the subject line of the message.
     Postal Mail: Sophia Angelini. Attorney-Advisor, Office of 
the General Counsel for Civilian Nuclear Programs, GC-52, U.S. 
Department of Energy, 1000 Independence Avenue, SW., Room 6A-167, 
Washington, DC 20585; Telephone (202) 586-0319. Please submit one 
signed original and three paper copies of all comments.

FOR FURTHER INFORMATION CONTACT: Sophia Angelini, Attorney-Advisor, 
Office of the General Counsel for Civilian Nuclear Programs, GC-52, 
U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, 
DC 20585; Telephone (202) 586-0319.

SUPPLEMENTARY INFORMATION: On July 27, 2010, the DOE published an NOI 
in the Federal Register (75 FR 43945) on the development of regulations 
under section 934 of the Act, entitled ``Convention on Supplementary 
Compensation for Nuclear Damage Contingent Cost Allocation.'' Section 
934 addresses how the United States will meet its obligations under the 
CSC and, in particular, its obligation to contribute to an 
international supplementary fund in the event of certain nuclear 
incidents. Section 934 authorizes the Secretary of Energy to issue 
regulations establishing a retrospective risk pooling program by which 
nuclear suppliers will reimburse the United States government for any 
such contribution. This retrospective risk pooling program will operate 
with respect to nuclear incidents that are covered by the international 
supplementary fund, take place outside the United States, and are not 
covered by the Price-Anderson Act indemnification.
    The NOI requested public comment from interested persons regarding 
specific as well as general questions and provided for the submission 
of comments by September 27, 2010. Thereafter, DOE received comments 
dated August 10, 2010, from the Nuclear Energy Institute (NEI) stating 
that the issues related to the risk pooling program warranted 
additional time for nuclear suppliers to provide comments to DOE and 
requesting an extension to October 27, 2010. Accordingly, on August 24, 
2010, DOE published a notice in the Federal Register (75 FR 51986) 
extending the period for submitting public comments to October 27, 
2010.
    DOE has now received comments dated October 8, 2010, from 
Contractors International Group on Nuclear Liability (CIGNL), a 
nongovernmental group of major U.S. nuclear suppliers, requesting an 
extension of the public comment period to November 30, 2010. CIGNL 
stated that the complexity and number of issues presented in the NOI 
for public comment has made it difficult for CIGNL members to carefully 
review and coordinate comments. For example, CIGNL noted that there is 
little or no data now available to identify which entities located in, 
or carrying out activities in, the United States have or are furnishing 
goods or services to

[[Page 64718]]

foreign nuclear installations and that it has so far identified as many 
as 300 to 1,800 types of goods or services that go into constructing 
and operating a nuclear power plant. CIGNL stated its intent to work 
through these issues and difficulties with a view toward development of 
an approach to propose to DOE for establishing the CSC cost allocation 
formula among U.S. nuclear suppliers. As observed by CIGNL, it would be 
beneficial if the major U.S. nuclear suppliers provided to DOE 
comprehensive and informed comments on the cost allocation formula and 
related issues in response to the NOI.
    DOE has determined that extension of the comment period is 
appropriate based on the foregoing reasons and is hereby extending the 
comment period to November 30, 2010. Given the importance of proceeding 
in a timely manner toward development of regulations pertaining to 
section 934, DOE does not intend to grant any further extensions. 
Accordingly, DOE will consider any comments received by November 30, 
2010 to be timely submitted.

    Issued in Washington, DC, on October 14, 2010.
Scott Blake Harris,
General Counsel.
[FR Doc. 2010-26459 Filed 10-19-10; 8:45 am]
BILLING CODE 6450-01-P
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