6664 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations

NUCLEAR REGULATORY

COMMISSION

10 CFR Parts 2, 40, 70, and 76

RIN 3150–AF56

USEC Privatization Act: Certification

and Licensing of Uranium Enrichment

Facilities

AGENCY: Nuclear Regulatory

Commission.

ACTION: Direct final rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is amending its

regulations concerning the certification

and licensing of uranium enrichment

facilities to conform to changes made to

the Atomic Energy Act of 1954, as

amended (the Act), by the USEC

Privatization Act legislation. Although

the principal effect of this legislation is

to direct the Board of Directors of the

United States Enrichment Corporation

(USEC) to sell the assets of the USEC to

a private sector entity, this legislation

also amended the Act with respect to

NRC certification of gaseous diffusion

plants leased by USEC and the licensing

of atomic vapor laser isotope separation

(AVLIS) technology. USEC is

responsible for the operation of the two

gaseous diffusion plants and the

development of the AVLIS technology.

The legislation requires that AVLIS

uranium enrichment facilities be

licensed subject to the provisions of the

Act pertaining to source material and

special nuclear material rather than

under the provisions pertaining to a

production facility; provides for the

issuance of civil penalties to USEC or its

successor for failure to comply with

regulatory requirements governing the

operation of gaseous diffusion plants;

prohibits issuance of a license/

certificate to the Corporation or its

successor if it is owned, controlled, or

dominated by an alien, a foreign

corporation, or a foreign government, or

if its issuance would be inimical to the

common defense and security of the

United States or to the maintenance of

a reliable and economical domestic

source of enrichment services; and

eliminates the annual requirement that

the Commission certify that USEC or its

successor is in compliance with NRC

regulations. The Commission may

determine how frequently USEC or its

successor must submit a recertification

application to the NRC, provided that

the NRC recertify USEC’s or its

successor’s compliance with its

regulations not less frequently than

every five years. The adopted rule

changes bring the current regulations

into conformance with these provisions.

DATES: The final rule is effective on

April 14, 1997 unless significant

adverse comments are received by

March 14, 1997. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Mail written comments to:

The Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001. ATTN: Docketing and Service

Branch.

Hand deliver comments to: 11555

Rockville Pike, Rockville, MD, between

7:30 am and 4:15 pm on Federal

workdays.

For information on submitting

comments electronically, see the

discussion under Electronic Access in

the Supplementary Information Section.

Copies of comments received may be

examined or copied for a fee at the NRC

Public Document Room, 2120 L Street

NW. (Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

C. W. Nilsen, Office of Nuclear

Regulatory Research, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555–0001, telephone (301) 415–

6209.

SUPPLEMENTARY INFORMATION:

Background

On April 26, 1996, President Clinton

signed legislation that provides for fiscal

year (FY) 1996 appropriations to a

number of Federal agencies (H.R. 3019

(Pub. L. 104–134)). Included within the

legislation is Title III, Chapter 1, entitled

‘‘USEC Privatization Act,’’ which directs

the Board of Directors of the United

States Enrichment Corporation (USEC)

to sell the assets of the USEC to a

private sector entity. The private sector

corporation that purchases the assets of

USEC will be responsible for the

operation of the gaseous diffusion plants

known as the Portsmouth Plant and the

Paducah Plant, located at Piketon, Ohio,

and Paducah, Kentucky, respectively,

and the development of the atomic

vapor laser isotope separation (AVLIS)

technology. In addition, the legislation

amended the Atomic Energy Act of

1954, as amended (the Act), with

respect to the certification of gaseous

diffusion plants and licensing of an

AVLIS uranium enrichment facility. The

gaseous diffusion plants are regulated

under 10 CFR Part 76, ‘‘Certification of

Gaseous Diffusion Plants.’’ Operation of

an AVLIS uranium enrichment facility

will be licensed under 10 CFR Parts 40,

‘‘Domestic Licensing of Source

material’’ and 70, ‘‘Domestic Licensing

of Special Nuclear Material.’’

Discussion

A principal effect of Pub. L. 104–134

on NRC licensing actions is that the

referenced AVLIS uranium enrichment

facilities will be licensed pursuant to

the provisions of the Act pertaining to

source material and special nuclear

material rather than the provisions

pertaining to a production facility.

Under this legislation, AVLIS licensing

will be a single-step licensing process

with one license issued pursuant to 10

CFR parts 40 and 70, rather than a twostep licensing process under 10 CFR

part 50. The regulations previously were

amended on April 30, 1992 (57 FR

18388) to conform with the ‘‘Solar,

Wind, Waste, and Geothermal Power

Production Incentives Act of 1990,’’

(Pub. L. 101–575) by providing a singlestep process for licensing uranium

enrichment. The April 30, 1992

amendments also made 10 CFR part 70

the basic regulation for licensing a

uranium enrichment facility. Although

the 1990 legislation specifically

excluded AVLIS uranium enrichment,

then under development by the

Department of Energy, from the one-step

licensing process, Pub. L. 104–134 made

the development of AVLIS a

responsibility of USEC (which will

become a private entity as a result of

this legislation) and removed the

exclusion of AVLIS from one-step

licensing. Therefore, licensing of AVLIS,

as with other licensed uranium

enrichment facilities, will be a one-step

process requiring an environmental

review, adjudicatory hearing, inspection

before operation, and third party

liability insurance. However, for other

purposes of the Act, such as controlling

the export of specially designed or

prepared uranium enrichment

equipment and preservation of Federal

authority in Agreement States, all

uranium enrichment facilities regulated

by the NRC remain under the Atomic

Energy Act provisions for production

facilities. Specific implementing

amendments are as follows:

In 10 CFR 70.1, ‘‘Purpose’’ is revised

to indicate that all uranium enrichment

facilities requiring a license will be

licensed under 10 CFR part 70,

‘‘Domestic Licensing of Special Nuclear

Material.’’

In 10 CFR 40.4 and 70.4,

‘‘Definitions’’ the term Corporation is

added to refer appropriately to the

licensing of the Corporation or its

successor for operation of an AVLIS

facility.

In 10 CFR 76.4, ‘‘Definitions’’ the term

Corporation is amended to include the

successor to USEC.
Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations 6665

In addition, in conformance with the

1996 legislation, provisions are made in

10 CFR parts 2 and 76 to allow the NRC

to impose civil penalties on the USEC

or its successor for failure to comply

with regulatory requirements governing

the operation of the gaseous diffusion

plants regulated under 10 CFR part 76.

Civil penalty authority presently

contained in 10 CFR part 70 would

apply to AVLIS licensing. Furthermore,

the ‘‘General Statement of Policy and

Procedures for NRC Enforcement

Action’’ NUREG–1600, is being

supplemented to provide examples of

violations in each of the four severity

levels as guidance in determining the

appropriate severity level for violations

in the area of gaseous diffusion plant

operations. Specific implementing

amendments are as follows:

In 10 CFR 2.200(a) concerning the

scope of subpart B of part 2, a new

sentence is added to read as follows:

‘‘However, with regard to the holder of

a part 76 Certificate of Compliance or

Compliance Plan, except for civil

penalty procedures in this subpart, the

applicable procedures are set forth in

§ 76.70.’’ This will clarify that the

provisions governing the issuance of an

order or notice of violation to the holder

of a certificate of compliance or

compliance plan under 10 CFR part 76

are contained in § 76.70 but the civil

penalty procedures in subpart B of part

2 are applicable to these entities.

In 10 CFR 2.205(a), a reference to the

§ 76.70(d), ‘‘notice of violation,’’ and a

reference to the provisions of a 10 CFR

part 76, ‘‘certificate of compliance or

compliance plan,’’ are added because

the Commission now has authority to

issue civil penalties to the Corporation

for violation of its regulations.

Similarly, in 10 CFR 76.10(b), the last

phrase, ‘‘except, that the Corporation is

not subject to the authority of Section

234 of the Act,’’ is eliminated because

the Corporation is now subject to

Section 234 of the Act.

10 CFR 76.60 (c)(1) and (d)(1) are

removed. These paragraph designations

are reserved and the last phrase of

§ 76.60(i), ‘‘provided, however, that civil

penalties shall not be imposed on the

Corporation pursuant to § 95.61 of this

chapter except for violations of Section

206 of the Energy Reorganization Act’’

is also eliminated. These prohibitions

on issuing civil penalties are removed to

permit the imposition of civil penalties.

In 10 CFR 76.72(d), a reference to the

new Section 234 civil penalty authority

is added.

The 10 CFR 76.131(a)(3) reference to

Title XI of the Energy Policy Act of

1992, is eliminated because this act’s

applicable provisions were amendments

to the Atomic Energy Act of 1954.

Reference to Section 206 of the Energy

Reorganization Act has been relocated

from § 76.131(b) to paragraph (b)(2).

References to violations under Section

234 of the Atomic Energy Act of 1954,

as amended, and specific references to

sections of the Act are added as

paragraphs (b)(1), (b)(3), and (b)(4) to

describe the new civil penalty authority.

A provision is also added stating that

the Commission will not issue a license

or certificate to the Corporation or its

successor if the Commission finds that

the Corporation is owned, controlled, or

dominated by an alien, a foreign

corporation, or a foreign government, or

that issuance would be inimical to the

common defense and security of the

United States or to the maintenance of

a reliable and economical domestic

source of enrichment services. This

provision is added to conform with the

legislation which includes specific

language that restricts issuance of a

certificate or a license to the USEC or its

successor if the issuance would be

inimical to the maintenance of a reliable

and economical domestic source of

enrichment services. Heretofore, the

Commission has not been asked in its

regulatory decisions to evaluate whether

a proposed action is inimical to the

viability of the domestic industries

subject to NRC’s regulation. Information

about the intent of the language is

contained in a Senate Committee report

on an earlier version of the legislation

(S. Rpt. No. 104–173 on S. 755,

November 17, 1995), which states that

the provision is to ‘‘guard against the

possibility of a foreign uranium

enrichment company acquiring the

Corporation with the intent of operating

it in such a manner inconsistent with its

maintenance as an ongoing uranium

enrichment concern.’’ The report further

states that no certificate or license

should be issued ‘‘if in the opinion of

the NRC the issuance of such a license

or certificate of compliance would be

inimical to the common defense and

security of the United States or would

be inimical to the maintenance of a

reliable and economical domestic

source of enrichment services because

of the nature and extent of the

ownership, control, or domination of

the Corporation by a foreign corporation

or a foreign government or any other

relevant factors or circumstances.’’

To comply with this provision of the

1996 legislation, the NRC staff will

evaluate this restriction on certification

and licensing based, in part, on the

following:

Information required under §§ 70.22

and 76.33 ‘‘information known to the

applicant concerning the control or

ownership, if any, exercised over the

applicant by any alien, foreign

corporation, or foreign government.’’

Information to be obtained under a

proposed rule (61 FR 40555; August 5,

1996) amending the provisions of 10

CFR parts 25 and 95 that deal with

requirements for access to and

protection of classified information.

(The Commission expects to adopt this

proposed rule as a final rule in January

of 1997.) These amendments were

proposed to conform the NRC’s

regulations with the nationally

applicable requirements for the

protection of and access to classified

National Security Information, which

have been revised through the issuance

of the National Industrial Security

Program Operating Manual (NISPOM),

published January 1995; Executive

Order 12958, ‘‘Classified National

Security Information,’’ dated April 17,

1995; and Executive Order 12968,

‘‘Access to Classified Information,’’

dated August 4, 1995. Specifically, as

related to foreign ownership, control, or

domination, the NISPOM provides

criteria for determining whether U.S.

companies handling classified material

are under foreign ownership, control, or

influence (FOCI). FOCI requirements

established in proposed revisions to 10

CFR part 95 are considered useful to the

subject finding the Commission must

make under the provisions of the 1996

legislation. This is especially so based

upon the sensitive nature of the

facilities and USEC’s role, and the fact

that USEC will have access to classified

information and equipment.

Further, the existing regulations

(§§ 40.31(b), 70.22(d), and 76.33(d))

reflect NRC authority under the Atomic

Energy Act to require that an applicant,

licensee, or certificate holder submit

additional information concerning

issuance of a license or certificate.

Therefore, under these provisions USEC

also may be required to submit

additional information addressing

whether issuance would be inimical to

the maintenance of a reliable and

economical domestic source of

enrichment services. The staff is

considering whether there are specific

additional information needs and will

recommend to the Commission whether

further amendments to the regulations

are warranted. In addition the staff is

preparing procedures for developing the

required annual report to Congress and

guidance for recertification, and

developing procedures to consider the

issues of foreign ownership and control,

and inimicalness to the common

defense and security and to a reliable

and economical supply of domestic

enrichments services. Specific
6666 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations

implementing amendments are as

follows:

New sections 10 CFR 40.38 and 70.40

entitled ‘‘Ineligibility of certain

applicants,’’ are added to state that the

NRC will not issue a license to operate

an AVLIS enrichment facility to the

Corporation if:

(1) It is owned, controlled, or

dominated by an alien, a foreign

corporation, or a foreign government;

(2) Issuance would be inimical to the

common defense and security of the

United States; or

(3) Issuance would be inimical to the

maintenance of a reliable and

economical domestic source of

enrichment services.

A new section 10 CFR 76.22 entitled

‘‘Ineligibility of certain applicants,’’ is

added that states that the NRC will not

issue a certificate of compliance to the

Corporation under these parts if:

(1) It is owned, controlled, or

dominated by an alien, a foreign

corporation, or a foreign government;

(2) Issuance would be inimical to the

common defense and security of the

United States; or

(3) Issuance would be inimical to the

maintenance of a reliable and

economical domestic source of

enrichment services.

Another provision in the legislation

eliminates the requirement that the NRC

must certify that USEC or its successor’s

operation of the gaseous diffusion plants

is in compliance with NRC regulations

each year. Instead, the Commission may

determine how frequently the USEC or

its successor must submit a

recertification application to the NRC.

However, NRC must recertify the

Corporation’s compliance at least every

5 years. The initial certification, granted

in a September 19, 1996 Director’s

decision, was made effective for 2 years

to permit most items of USEC’s

compliance plan to be completed. As

part of the certification process, the

compliance plan details how the

Corporation will achieve compliance

with NRC regulations in transition from

the operation of the gaseous diffusion

plants under the requirements of the

Department of Energy to operation

under the regulatory authority of the

NRC. Subsequent recertification will be

based on a number of considerations,

including implementation status of

compliance plans and certification

regulatory experience as determined by

the NRC’s inspection program. The

exact term of each certification will be

specified in the certificate. As noted in

a Senate Committee report on a previous

version of the legislation (S. Rpt. No.

104–173 on S. 755, November 17, 1995,

page 31), ‘‘With periodic certification,

the NRC would have the flexibility to

determine the appropriate length of

certification, not to exceed five years.’’

Specific implementing amendments are

as follows:

10 CFR 76.31 is revised to provide for

periodic application for recertification

of compliance on or before April 15 of

the year specified in an existing

certificate of compliance as determined

by the Commission, but not less

frequently than every 5 years.

Accordingly, in 10 CFR 76.35, 76.36,

76.43, 76.45, 76.55, and 76.66 references

to annual recertification are removed.

10 CFR 76.68 is revised to provide

that the Corporation or its successor will

continue to submit revised change pages

to their approved application and safety

analysis report annually to ensure

current plant documentation, even

though the requirement for an annual

application has been removed.

In addition, in response to the

‘‘Rulemaking Plan—USEC Privatization

Act,’’ which was made available to the

public on the NRC electronic bulletin

board, USEC by letter dated November

13, 1996, provided comment concerning

the rulemaking action (enclosure 3). In

their letter USEC provided proposed

revisions to CFR parts 76, 70, and 40 for

the purposes of implementing the USEC

Privatization Act, and proposed

language to § 76.45 to clarify the

agency’s intention concerning Director’s

decision on applications for

amendments to the Certificate. USEC

also proposed deleting certain sections

which in their view are immaterial now

that the Director’s decision on the initial

certification has been issued. With

respect to the first item, no new

information was provided beyond that

which the staff had already considered

in this direct final rulemaking. The

other USEC proposed revisions are not

included as a part of this limited scope

direct final rulemaking as they are not

revisions to the Commission’s

regulations which are required by the

legislative amendments to the Act being

here codified.

The Commission is proceeding with

this rulemaking to amend 10 CFR parts

2, 40, 70, and 76 as required to

implement section 3116 of Pub L. 104–

134. To conform with these changes to

the Act, the amendments in this rule

contain several new and revised AVLIS

licensing and gaseous diffusion plant

certification requirements specific to the

Corporation’s and its successor’s

operation of uranium enrichment

facilities.

In summary, the amendments to 10

CFR chapter I are being made to:

(a) Provide that uranium enrichment

facilities will be licensed under 10 CFR

part 70, Domestic Licensing of Special

Nuclear Material (See § 70.1);

(b) Add and amend where needed the

definition of ‘‘Corporation’’ to include

the USEC privatized entity (See §§ 40.4,

70.4 and 76.4);

(c) Note that the Commission will not

issue a license/certificate if the

Commission finds that USEC or its

successor is under foreign ownership or

control or that issuance would be

inimical to the common defense and

security or to the maintenance of a

reliable and economical source of

domestic enrichment services (See

§§ 40.38, 70.40, and 76.22);

(d) Amend the provision concerning

periodic recertification for operation

(See §§ 76.31, 76.35(n), 76.36(a), 76.43,

76.45(a), 76.55, 76.66 and 76.68(b)); and

(e) Note and clarify the authority to

issue civil penalties to USEC or its

successor for regulatory violations (See

§§ 2.200(a), 2.205(a), 76.10(b), 76.60,

76.72(d) and 76.131).

The NRC is also amending the

regulations in 10 CFR part 76 to correct

several miscellaneous errors in the

regulatory text. These errors in the Code

of Federal Regulations text occurred in

the process of preparing and printing

the final rule published on September

23, 1994 (59 FR 48944). Specifically: in

§ 76.21(b) the reference to § 40.41

should be to § 40.51; in §§ 76.111 and

76.113 ‘‘uncontrolled classified’’ should

be ‘‘Unclassified Controlled’’ Nuclear

Information, and in § 76.76(a)(2) the

‘‘(c)’’ should be ‘‘(b).’’ In addition, the

definition of ‘‘Uranium enrichment

plant’’ is removed from § 76.4 because it

is neither needed nor used in part 76,

which is specific to gaseous diffusion

plants.

Furthermore, the NRC is amending

the regulations in 10 CFR part 2 to

reflect an agency reorganization.

Specifically: in § 2.205 paragraphs (a),

(d), (g) and (h) all references to the

‘‘Deputy Executive Director for Nuclear

Materials Safety, Safeguards, and

Operations Support, or the Deputy’s

designee’’ are changed to read

‘‘Executive Director for Operations or

the Executive Director’s designee.’’

Electronic Access

Comments may be submitted

electronically, in either ASCII text or

WordPerfect format (version 5.1 or

later), by calling the NRC Electronic

Bulletin Board (BBS) on FedWorld. The

Bulletin Board may be accessed using a

personal computer, a modem, and one

of the commonly available

communications software packages, or

directly via Internet. Background

documents on the rulemaking are also
Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations 6667

available, as practical, for downloading

and viewing on the Bulletin Board.

If using a personal computer and

modem, the NRC rulemaking subsystem

on FedWorld can be accessed directly

by dialing the toll free number (800)

303–9672. Communication software

parameters should be set as follows:

parity to none, data bits to 8, and stop

bits to 1 (N,8,1). Using ANSI or VT–100

terminal emulation, the NRC

rulemaking subsystem can then be

accessed by selecting the ‘‘Rules Menu’’

option from the ‘‘NRC Main Menu.’’

Users will find the ‘‘FedWorld Online

User’s Guides’’ particularly helpful.

Many NRC subsystems and data bases

also have a ‘‘Help/Information Center’’

option that is tailored to the particular

subsystem.

The NRC subsystem on FedWorld can

also be accessed by a direct dial phone

number for the main FedWorld BBS,

(703) 321–3339, or by using Telnet via

Internet: fedworld.gov. If using (703)

321–3339 to contact FedWorld, the NRC

subsystem will be accessed from the

main FedWorld menu by selecting the

‘‘Regulatory, Government

Administration and State Systems,’’

then selecting ‘‘Regulatory Information

Mall.’’ At that point, a menu will be

displayed that has an option ‘‘U.S.

Nuclear Regulatory Commission’’ that

will take you to the NRC Online main

menu. The NRC Online area also can be

accessed directly by typing ‘‘/go nrc’’ at

a FedWorld command line. If you access

NRC from FedWorld’s main menu, you

may return to FedWorld by selecting the

‘‘Return to FedWorld’’ option from the

NRC Online Main Menu. However, if

you access NRC at FedWorld by using

NRC’s toll-free number, you will have

full access to all NRC systems, but you

will not have access to the main

FedWorld system.

If you contact FedWorld using Telnet,

you will see the NRC area and menus,

including the Rules Menu. Although

you will be able to download

documents and leave messages, you will

not be able to write comments or upload

files (comments). If you contact

FedWorld using FTP, all files can be

accessed and downloaded but uploads

are not allowed; all you will see is a list

of files without descriptions (normal

Gopher look). An index file listing all

files within a subdirectory, with

descriptions, is available. There is a 15-

minute time limit for FTP access.

Although FedWorld also can be

accessed through the World Wide Web,

like FTP, that mode only provides

access for downloading files and does

not display the NRC Rules Menu.

For more information on NRC bulletin

boards call Mr. Arthur Davis, Systems

Integration and Development Branch,

NRC, Washington, DC 20555–0001,

telephone (301) 415–5780; e-mail

AXD3@nrc.gov.

Procedural Background

The NRC considers this action

noncontroversial and routine because it

implements specific statutory

requirements (Pub. L. 104–134).

Therefore, the Commission is approving

it without seeking public comments on

proposed amendments. This action will

become effective on April 14, 1997.

However, if the NRC receives significant

adverse comments by March 14, 1997,

the NRC will withdraw this action and

address the significant adverse

comments received in response to the

revisions published in this document

before a final rule becomes effective.

The NRC will not initiate a second

comment period on this action.

Revision to NUREG–1600, ‘‘General

Statement of Policy and Procedures for

NRC Enforcement Actions’’

Concurrently with this direct final

rule the Commission is publishing a

document elsewhere in this issue of the

Federal Register that amends NUREG–

1600, ‘‘General Statement of Policy and

Procedures for NRC Enforcement

Action’’ which provides examples of

violations in each of the four severity

levels as guidance in determining the

appropriate severity level for violations

in the areas of fuel cycle and gaseous

diffusion plant operations. The

amendment is to Supplement VI, ‘‘Fuel

Cycle and Materials Operations,’’ which

provides additional examples of

violations that should be categorized at

Severity Levels I, II, III, and IV. In

addition, the Enforcement Policy is

being amended to establish base civil

penalties for GDPs. The policy

recognizes that regulatory requirements

have varying degrees of safety,

safeguards, or environmental

significance. Therefore, the relative

importance of each violation, including

both the technical significance and the

regulatory significance, is evaluated as

the first step in the enforcement process.

In considering the significance of a

violation, the staff considers the

technical significance (i.e., actual and

potential consequences) and regulatory

significance.

Environmental Impact: Categorical

Exclusion

The NRC has determined that this

regulation is the type of action

described as a categorical exclusion in

10 CFR 51.22(c)(1) and (3). Therefore,

neither an environmental impact

statement nor an environmental

assessment has been prepared for this

direct final rule.

Paperwork Reduction Act Statement for

Direct Final Rule

This direct final rule does not contain

a new or amended information

collection requirement 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 3150–0020, –0021,

–0009, –0039.

Public Protection Notification

The NRC may not conduct or sponsor,

and a person is not required to respond

to, a collection of information unless it

displays a currently valid OMB control

number.

Regulatory Analysis

Changes to 10 CFR parts 2, 40, 70, and

76 must be made to bring these

regulations into conformance with the

Act as amended by the ‘‘USEC

Privatization Act’’ (Public Law 104–

134). The chief benefit to the public,

industry, and NRC will be derived from

codification of NRC regulations to

conform to the changes to the Act.

Codification should result in a better

understanding of the procedures and

requirements for licensing and/or

certification of enrichment facilities,

and thereby facilitate the process for

review of a license application for

uranium enrichment facility, and

possibly reduce the litigative risk that

might result from not having the

regulatory basis for health and safety

review of the application codified by

regulation. The principal cost will be

the expenditure of NRC staff resources

in codifying the requirements. This

constitutes the regulatory analysis for

the direct final rule.

Regulatory Flexibility Certification

In accordance with the Regulatory

Flexibility Act, 5 U.S.C. 605(b), the

Commission certifies that this

rulemaking will not have a significant

economic impact on a substantial

number of small entities because it only

addresses the Corporation or its

successor. The Corporation does not fall

within the scope of the definition of

‘‘small entities’’ set forth in 10 CFR

2.810 or the Small Business Size

Standards set out in regulations issued

by the Small Business Administration at

13 CFR part 121.

Small Business Regulatory Enforcement

Act

In accordance with the Small

Business Regulatory Enforcement
6668 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations

Fairness Act of 1996, 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,

Office of Management and Budget.

Backfit Analysis

The NRC has determined that the

backfit rules, 10 CFR 50.109 and 76.76,

do not apply to this rule. Thus, a backfit

analysis is not required for these

amendments because they do not

involve any provisions that would

impose backfits as defined in

§§ 50.109(a)(1) and 76.76(a)(1).

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 40

Criminal penalties, Government

contracts, Hazardous materials

transportation, Nuclear materials,

Reporting and recordkeeping

requirements, Source material,

Uranium.

10 CFR Part 70

Criminal penalties, Hazardous

materials transportation, Material

control and accounting, Nuclear

materials, Packaging and containers,

Radiation protection, Reporting and

recordkeeping requirements, Scientific

equipment, Security measures, Special

nuclear material.

10 CFR Part 76

Certification, Criminal penalties,

Radiation protection, Reporting and

recordkeeping requirements, Security

measures, Special nuclear material,

Uranium enrichment by gaseous

diffusion.

For the reasons set forth 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 Commission is adopting the

following amendments to 10 CFR parts

2, 40, 70, and 76.

PART 2—RULES OF PRACTICE FOR

DOMESTIC LICENSING PROCEEDINGS

AND 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.

Section 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 U.S.C. 2132, 2133,

2134, 2135, 2233, 2239). Section 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 by Pub. L. 104–134, 110 Stat. 1321,

1321–349, 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, 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 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).

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). Subpart L also issued under 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). Appendix B also

issued under sec. 10, Pub. L. 99–240, 99 Stat.

1842 (42 U.S.C. 2021b et seq.).

2. In § 2.200, paragraph (a) is revised

to read as follows:

§ 2.200 Scope of subpart.

(a) This subpart prescribes the

procedures in cases initiated by the

staff, or upon a request by any person,

to impose requirements by order, or to

modify, suspend, or revoke a license, or

to take other action as may be proper,

against any person subject to the

jurisdiction of the Commission.

However, with regard to the holder of a

part 76 certificate of compliance or

compliance plan, except for civil

penalty procedures in this subpart, the

applicable procedures are set forth in

§ 76.70 of this chapter.

* * * * *

3. In § 2.205, paragraphs (a), (d), (g)

and (h) are revised to read as follows:

§ 2.205 Civil penalties.

(a) Before instituting any proceeding

to impose a civil penalty under section

234 of the Act, the Executive Director

for Operations or the Executive

Director’s designee, as appropriate, shall

serve a written notice of violation upon

the person charged. This notice may be

included in a notice issued pursuant to

§ 2.201 or § 76.70(d) of this chapter. The

notice of violation shall specify the date

or dates, facts, and the nature of the

alleged act or omission with which the

person is charged, and shall identify

specifically the particular provision or

provisions of the law, rule, regulation,

license, permit, part 76 certificate of

compliance or compliance plan, or

cease and desist order involved in the

alleged violation and must state the

amount of each proposed penalty. The

notice of violation shall also advise the

person charged that the civil penalty

may be paid in the amount specified

therein, or the proposed imposition of

the civil penalty may be protested in its

entirety or in part, by a written answer,

either denying the violation or showing

extenuating circumstances. The notice

of violation shall advise the person

charged that upon failure to pay a civil

penalty subsequently determined by the

Commission, if any, unless

compromised, remitted, or mitigated, be

collected by civil action, pursuant to

Section 234c of the Act.

* * * * *

(d) If the person charged with

violation files an answer to the notice of

violation, the Executive Director for

Operations or the Executive Director’s

designee, upon consideration of the

answer, will issue an order dismissing

the proceeding or imposing, mitigating,

or remitting the civil penalty. The

person charged may, within twenty (20)

days of the date of the order or other

time specified in the order, request a

hearing.

* * * * *

(g) The Executive Director for

Operations or the Executive Director’s

designee, as appropriate may

compromise any civil penalty, subject to

the provisions of § 2.203.

(h) If the civil penalty is not

compromised, or is not remitted by the

Executive Director for Operations or the

Executive Director’s designee, as

appropriate, the presiding officer, or the

Commission, and if payment is not

made within ten (10) days following

either the service of the order described

in paragraph (c) or (f) of this section, or

the expiration of the time for requesting

a hearing described in paragraph (d) of

this section, the Executive Director for

Operations or the Executive Director’s

designee, as appropriate, may refer the
Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations 6669

matter to the Attorney General for

collection.

* * * * *

PART 40—DOMESTIC LICENSING OF

SOURCE MATERIAL

4. The authority citation for part 40 is

revised to read as follows:

Authority: Secs. 62, 63, 64, 65, 81, 161,

182, 183, 186, 68 Stat. 932, 933, 935, 948,

953, 954, 955, as amended, secs. 11e(2), 83,

84, Pub. L. 95–604, 92 Stat. 3033, as

amended, 3039, sec. 234, 83 Stat. 444, as

amended (42 U.S.C. 2014(e)(2), 2092, 2093,

2094, 2095, 2111, 2113, 2114, 2201, 2232,

2233, 2236, 2282); sec. 274, Pub. L. 86–373,

73 Stat. 688 (42 U.S.C. 2021); secs. 201, as

amended, 202, 206, 88 Stat. 1242, as

amended, 1244, 1246 (42 U.S.C. 5841, 5842,

5846); sec. 275, 92 Stat. 3021, as amended by

Pub. L. 97–415, 96 Stat. 2067 (42 U.S.C.

2022); sec. 193, 104 Stat. 2835, as amended

by Pub. L. 104–134, 110 Stat. 1321, 1321–349

(42 U.S.C. 2243).

Section 40.7 also issued under Pub. L. 95–

601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851).

Section 40.31(g) also issued under sec. 122,

68 Stat. 939 (42 U.S.C. 2152). Section 40.46

also issued under sec. 184, 68 Stat. 954, as

amended (42 U.S.C. 2234). Section 40.71 also

issued under sec. 187, 68 Stat. 955 (42 U.S.C.

2237).

5. In § 40.4, the term ‘‘Corporation’’ is

added in alphabetical order to read as

follows:

§ 40.4 Definitions.

* * * * *

Corporation means the United States

Enrichment Corporation (USEC), or its

successor, a Corporation that is

authorized by statute to lease the

gaseous diffusion enrichment plants in

Paducah, Kentucky, and Piketon, Ohio,

from the Department of Energy, or any

person authorized to operate one or both

of the gaseous diffusion plants, or other

facilities, pursuant to a plan for the

privatization of USEC that is approved

by the President.

* * * * *

6. A new § 40.38 is added to read as

follows:

§ 40.38 Ineligibility of certain applicants.

A license may not be issued to the

Corporation if the Commission

determines that:

(a) The Corporation is owned,

controlled, or dominated by an alien, a

foreign corporation, or a foreign

government; or

(b) The issuance of such a license

would be inimical to—

(1) The common defense and security

of the United States; or

(2) The maintenance of a reliable and

economical domestic source of

enrichment services.

PART 70—DOMESTIC LICENSING OF

SPECIAL NUCLEAR MATERIAL

7. The authority citation for part 70 is

revised to read as follows:

Authority: Secs. 51, 53, 161, 182, 183, 68

Stat. 929, 930, 948, 953, 954, as amended,

sec. 234, 83 Stat. 444, as amended (42 U.S.C.

2071, 2073, 2201, 2232, 2233, 2282, 2297f);

secs. 201, as amended, 202, 204, 206, 88 Stat.

1242, as amended, 1244, 1245, 1246 (42

U.S.C. 5841, 5842, 5845, 5846); sec. 193, 104

Stat. 2835 as amended by Pub. L. 104–134,

110 Stat. 1321, 1321–349 (42 U.S.C. 2243).

Sections 70.1 and 70.20a(b) also issued

under secs. 135, 141, Pub. L. 97–425, 96 Stat.

2232, 2241 (42 U.S.C. 10155, 10161). Section

70.7 also issued under Pub. L. 95–601, sec.

10, 92 Stat. 2951 (42 U.S.C. 5851). Section

70.21(g) also issued under sec. 122, 68 Stat.

939 (42 U.S.C. 2152). Section 70.31 also

issued under sec. 57d, Pub. L. 93–377, 88

Stat. 475 (42 U.S.C. 2077). Sections 70.36 and

70.44 also issued under sec. 184, 68 Stat. 954,

as amended (42 U.S.C. 2234). Section 70.61

also issued under secs. 186, 187, 68 Stat. 955

(42 U.S.C. 2236, 2237). Section 70.62 also

issued under sec. 108, 68 Stat. 939, as

amended (42 U.S.C. 2138).

8. In § 70.1, a new paragraph (e) is

added to read as follows:

§ 70.1 Purpose.

* * * * *

(e) As provided in the Atomic Energy

Act of 1954, as amended, the regulations

in this part establish requirements,

procedures, and criteria for the issuance

of licenses to uranium enrichment

facilities.

9. In § 70.4, the term ‘‘Corporation’’ is

added in alphabetical order to read as

follows:

§ 70.4 Definitions.

* * * * *

Corporation means the United States

Enrichment Corporation (USEC), or its

successor, a Corporation that is

authorized by statute to lease the

gaseous diffusion enrichment plants in

Paducah, Kentucky, and Piketon, Ohio,

from the Department of Energy, or any

person authorized to operate one or both

of the gaseous diffusion plants, or other

facilities, pursuant to a plan for the

privatization of USEC that is approved

by the President.

* * * * *

10. A new § 70.40 is added to read as

follows:

§ 70.40 Ineligibility of certain applicants.

A license may not be issued to the

Corporation if the Commission

determines that:

(a) The Corporation is owned,

controlled, or dominated by an alien, a

foreign corporation, or a foreign

government; or

(b) The issuance of such a license

would be inimical to—

(1) The common defense and security

of the United States; or

(2) The maintenance of a reliable and

economical domestic source of

enrichment services.

PART 76—CERTIFICATION OF

GASEOUS DIFFUSION PLANTS

11. The authority citation for part 76

is revised to read as follows:

Authority: Secs. 161, 68 Stat. 948, as

amended, secs. 1312, 1701, as amended, 106

Stat. 2932, 2951, 2952, 2953, 110 Stat. 1321–

349, (42 U.S.C. 2201, 2297b–11, 2297f); secs.

201, as amended, 204, 206, 88 Stat. 1244,

1245, 1246 (42 U.S.C. 5841, 5842, 5845,

5846); sec. 234(a), 83 Stat. 444, as amended

by Pub. L. 104–134, 110 Stat. 1321, 1321–349

(42 U.S.C. 2243(a)).

Sec. 76.7 also issued under Pub. L. 95–601,

sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Sec.

76.22 is also issued under sec. 193(f), as

amended, 104 Stat. 2835, as amended by Pub.

L. 104–134, 110 Stat. 1321, 1321–349 (42

U.S.C. 2243(f)). Sec. 76.35(j) also issued

under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).

12. In § 76.4, the term ‘‘Corporation’’

is revised to read as follows and the

term ‘‘Uranium enrichment plant’’ is

removed:

§ 76.4 Definitions.

* * * * *

Corporation means the United States

Enrichment Corporation (USEC), or its

successor, a Corporation that is

authorized by statute to lease the

gaseous diffusion enrichment plants in

Paducah, Kentucky, and Piketon, Ohio,

from the Department of Energy, or any

person authorized to operate one or both

of the gaseous diffusion plants, or other

facilities, pursuant to a plan for the

privatization of USEC that is approved

by the President.

* * * * *

13. In § 76.10, paragraph (b) is revised

to read as follows:

§ 76.10 Deliberate misconduct.

* * * * *

(b) A person who violates paragraph

(a)(1) or (a)(2) of this section may be

subject to enforcement action in

accordance with the procedures in 10

CFR part 2, subpart B.

* * * * *

14. In § 76.21, paragraph (b) is revised

to read as follows:

§ 76.21 Certificate required.

* * * * *

(b) For the purposes of §§ 30.41,

40.51, and 70.42 of this chapter, the

Corporation shall be authorized to

receive, and licensees shall be

authorized to transfer to the

Corporation, byproduct material, source

material, or special nuclear material to
6670 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations

the extent permitted under the

certificate of compliance issued, and/or

the compliance plan approved, pursuant

to this part.

15. A new § 76.22 is added to read as

follows:

§ 76.22 Ineligibility of certain applicants.

A certificate of compliance may not

be issued to the Corporation if the

Commission determines that:

(a) The Corporation is owned,

controlled, or dominated by an alien, a

foreign corporation, or a foreign

government; or

(b) The issuance of such a certificate

of compliance would be inimical to—

(1) The common defense and security

of the United States; or

(2) The maintenance of a reliable and

economical domestic source of

enrichment services.

16. Section 76.31 is revised to read as

follows:

§ 76.31 Periodic application requirement.

The Corporation shall periodically

apply to the Commission for a certificate

of compliance, in accordance with

§ 76.36, on or before April 15 of the year

specified in an existing certificate of

compliance as determined by the

Commission, but not less frequently

than every 5 years.

17. In § 76.35, paragraph (n) is revised

to read as follows:

§ 76.35 Contents of initial application.

* * * * *

(n) A description of the funding

program to be established to ensure that

funds will be set aside and available for

those aspects of the ultimate disposal of

waste and depleted uranium,

decontamination and decommissioning,

relating to the gaseous diffusion plants

leased to the Corporation by the

Department of Energy, which are the

financial responsibility of the

Corporation. The Corporation shall

establish financial surety arrangements

to ensure that sufficient funds will be

available for the ultimate disposal of

waste and depleted uranium, and

decontamination and decommissioning

activities which are the financial

responsibility of the Corporation. The

funding mechanism, such as

prepayment, surety, insurance, or

external sinking fund, must ensure

availability of funds for any activities

which are required to be completed both

before or after the return of the gaseous

diffusion facilities to the Department of

Energy in accordance with the lease

between the Department and the

Corporation. The funding program must

contain a basis for cost estimates used

to establish funding levels and must

contain means of adjusting cost

estimates and associated funding levels

over the duration of the lease. The

funding program need not address

funding for those aspects of

decontamination and decommissioning

of the gaseous diffusion plants assigned

to the Department of Energy under the

Atomic Energy Act of 1954, as amended.

The Corporation should address the

adequacy of the financing mechanism

selected in its periodic application for

certification.

18. In § 76.36, the section heading and

paragraph (a) are revised to read as

follows:

§ 76.36 Renewals.

(a) After issuance by the Commission

of the initial certificate of compliance

and/or an approved compliance plan,

the Corporation shall file periodic

applications for renewal, as required by

§ 76.31.

* * * * *

19. Section 76.43 is revised to read as

follows:

§ 76.43 Date for decision.

The Director will render a decision on

an application within 6 months of the

receipt of the application unless the

Director alters the date for decision and

publishes notice of the new date in the

Federal Register.

20. In § 76.45, paragraph (a) is revised

to read as follows:

§ 76.45 Application for amendment of

certificate.

(a) Contents of amendment

application. In addition to the

application for certification submitted

pursuant to § 76.31, the Corporation

may at any time apply for amendment

of the certificate to cover proposed new

or modified activities. The amendment

application should contain sufficient

information for the Director to make

findings of compliance or acceptability

for the proposed activities as required

for the original certificate.

* * * * *

21. Section 76.55 is revised to read as

follows:

§ 76.55 Timely renewal.

In any case in which the Corporation

has timely filed a sufficient application

for a certificate of compliance, the

existing certificate of compliance or

approved compliance plan does not

expire until the application for a

certificate of compliance has been

finally determined by the NRC. For

purposes of this rule, a sufficient

application is one that addresses all

elements of § 76.36.

22. In § 76.60, paragraphs (c)(1) and

(d)(1) are removed and reserved and

paragraph (i) is revised to read as

follows:

§ 76.60 Regulatory requirements which

apply.

* * * * *

(i) The Corporation shall comply with

the applicable provisions of 10 CFR part

95, ‘‘Security Facility Approval and

Safeguarding of National Security

Information and Restricted Data,’’ as

specified in subpart E to this part.

23. In § 76.66, paragraph (c) is revised

to read as follows:

§ 76.66 Expiration and termination of

certificates.

* * * * *

(c) If the Corporation does not submit

a renewal application under § 76.36, the

Corporation shall, on or before the

expiration date specified in the existing

certificate, terminate operation of the

gaseous diffusion plants.

24. In § 76.68, paragraph (b) is revised

to read as follows:

§ 76.68 Plant changes.

* * * * *

(b) To ensure that the approved

application remains current with

respect to the actual site description and

that the plant’s programs, plans,

policies, and operations are in place, the

Corporation shall submit revised pages

to the approved application and safety

analysis report, marked and dated to

indicate each change. The Corporation

shall evaluate any as-found conditions

that do not agree with the plant’s

programs, plans, policies, and

operations in accordance with

paragraph (a) of this section. These

revisions must be submitted before

April 15 of each calendar year, or at a

shorter interval as may be specified in

the certificate. If a renewal application

for a certificate is filed in accordance

with § 76.36 of this part, the revisions

shall be incorporated into the

application.

* * * * *

25. In § 76.72, paragraph (d) is revised

to read as follows:

§ 76.72 Miscellaneous procedural matters.

* * * * *

(d) The procedures set forth in 10 CFR

2.205, and in 10 CFR part 2, subpart G,

will be applied in connection with NRC

action to impose a civil penalty

pursuant to Section 234 of the Atomic

Energy Act of 1954, as amended, or

Section 206 of the Energy

Reorganization Act of 1974 and the

implementing regulations in 10 CFR

part 21 (Reporting of Defects and

Noncompliance), as authorized by
Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations 6671

2For the purpose of this subpart, the terms

‘‘licensee’’ or ‘‘license’’ used in parts 70, 73, and 74

of this chapter, mean, respectively, the Corporation,

or the certificate of compliance or approved

compliance plan.

Section 1312(e) of the Atomic Energy

Act of 1954, as amended;

* * * * *

26. In § 76.76, paragraph (a)(2) is

revised to read as follows:

§ 76.76 Backfitting.

(a) * * *

(2) Except as provided in paragraph

(a)(4) of this section, the Commission

shall require a systematic and

documented analysis pursuant to

paragraph (b) of this section for backfits

which it seeks to impose.

* * * * *

27. Section 76.111 is revised to read

as follows:

§ 76.111 Physical security, material control

and accounting, and protection of certain

information.

Nuclear Regulatory Commission

regulations that will be used for

certification of the Corporation 2 for

physical security and material control

and accounting are contained in title 10

of the Code of Federal Regulations as

described in this subpart. The

regulations referenced in this subpart

contain requirements for physical

security and material control and

accounting for formula quantities of

strategic special nuclear material

(Category I), special nuclear material of

moderate strategic significance

(Category II), and special nuclear

material of low strategic significance

(Category III), and for protection of

Restricted Data, National Security

Information, Safeguards Information,

and information designated by the U.S.

Department of Energy as Unclassified

Controlled Nuclear Information.

28. In § 76.113, paragraph (c) is

revised to read as follows:

§ 76.113 Formula quantities of strategic

special nuclear material—Category I.

* * * * *

(c) The requirements for the

protection of Safeguards Information

pertaining to formula quantity of

strategic special nuclear material

(Category I) are contained in § 73.21 of

this chapter. Information designated by

the U.S. Department of Energy as

Unclassified Controlled Nuclear

Information must be protected at a level

equivalent to that accorded Safeguards

Information.

* * * * *

29. Section 76.131 is revised to read

as follows:

§ 76.131 Violations.

(a) The Commission may obtain an

injunction or other court order to

prevent a violation of the provisions of:

(1) The Atomic Energy Act of 1954, as

amended;

(2) Title II of the Energy

Reorganization Act of 1974, as

amended;

(3) A regulation or order issued

pursuant to those Acts.

(b) The Commission may obtain a

court order for the payment of a civil

penalty imposed under Section 234 of

the Atomic Energy Act of 1954, as

amended, or under Section 1312(e) of

the Atomic Energy Act of 1954, as

amended, and Section 206 of the Energy

Reorganization Act of 1974, as

amended, for violations of:

(1) Sections 53, 57, 62, 63, 81, 82, 101,

103, 104, 107, 109, or 1701 of the

Atomic Energy Act of 1954, as amended;

(2) Section 206 of the Energy

Reorganization Act;

(3) Any rule, regulation, or order

issued pursuant to the sections specified

in paragraph (b)(1) of this section;

(4) Any term, condition, or limitation

of any certificate of compliance or

approved compliance plan issued under

the sections specified in paragraph

(b)(1) of this section.

Dated at Rockville, Maryland, this 6th day

of February, 1997.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 97–3467 Filed 2–11–97; 8:45 am]

BILLING CODE 7590–01–P