Federal Register / Vol. 62, No. 6 / Thursday, January 9, 1997 / Notices 1343

1 The materials, sometimes referred to as

‘‘agreement materials,’’ are: (a) Byproduct materials

as defined in Section 11e.(1) of the Act; (b)

Byproduct materials as defined in Section 11e.(2) of

the Act; (c) Source materials as defined in Section

11z. of the Act; and (d) Special nuclear materials

as defined in Section 11aa. of the Act, restricted to

quantities not sufficient to form a critical mass.

per response); recordkeeping, 150 hours

(1.2 hours per respondent).

7. Abstract: 10 CFR 110 provides

application, reporting, and

recordkeeping requirements for exports

and imports of nuclear material and

equipment subject to the requirements

of a specific license or a general license

and exports of incidental radioactive

material. The information collected and

maintained pursuant to 10 CFR 110

enables the NRC to authorize only

imports and exports which are not

inimical to U.S. common defense and

security and which meet applicable

statutory, regulatory, and policy

requirements.

Submit, by March 10, 1997, comments

that address the following questions:

1. Is the proposed collection of

information necessary for the NRC to

properly perform its functions? Does the

information have practical utility?

2. Is the burden estimate accurate?

3. Is there a way to enhance the

quality, utility, and clarity of the

information to be collected?

4. How can the burden of the

information collection be minimized,

including the use of automated

collection techniques or other forms of

information technology?

A copy of the draft supporting

statement may be viewed free of charge

at the NRC Public Document Room,

2120 L Street NW, (lower level),

Washington, DC. Members of the public

who are in the Washington, DC area can

access this document via modem on the

Public Document Room Bulletin Board

(NRC’s Advanced Copy Document

Library), NRC subsystem at FedWorld,

703–321–3339. Members of the public

who are located outside of the

Washington, DC area can dial

FedWorld, 1–800–303–9672, or use the

FedWorld Internet address:

fedworld.gov (Telnet). The document

will be available on the bulletin board

for 30 days after the signature date of

this notice. If assistance is needed in

accessing the document, please contact

the FedWorld help desk at 703–487–

4608.

Comments and questions may be

directed to the NRC Clearance Officer,

Brenda Jo. Shelton, U.S. Nuclear

Regulatory Commission, T–6 F33,

Washington, DC 20555–0001, or by

telephone at 301–415–7233, or by

Internet electronic mail at

BJS1@NRC.GOV.

Dated at Rockville, Maryland, this second

day of January, 1997.

For the Nuclear Regulatory Commission.

Gerald F. Cranford,

Designated Senior Official for Information

Resources Management.

[FR Doc. 97–472 Filed 1–8–97; 8:45 am]

BILLING CODE 7590–01–P

Commonwealth of Massachusetts:

Staff Assessment of Proposed

Agreement Between the Nuclear

Regulatory Commission and the

Commonwealth of Massachusetts

AGENCY: Nuclear Regulatory

Commission.

ACTION: Notice of proposed Agreement

with the Commonwealth of

Massachusetts.

SUMMARY: The U. S. Nuclear Regulatory

Commission (NRC) has received, from

the Governor of the Commonwealth of

Massachusetts, a proposal to enter into

an Agreement pursuant to Section 274

of the Atomic Energy Act of 1954, as

amended (Act). The proposed

Agreement would permit Massachusetts

to assume certain portions of the

Commission’s regulatory authority. As

required by the Act, NRC is publishing

the proposed Agreement for public

comment. NRC is also publishing a

summary of the NRC staff assessment of

the proposed Massachusetts radiation

control program. Comments are

requested on the proposed Agreement,

especially public health and safety

aspects, and the assessment.

The Agreement will effectively release

(exempt) persons in Massachusetts from

certain portions of the Commission’s

regulatory authority. The Act also

requires that NRC publish those

exemptions. Notice is hereby given that

the pertinent exemptions have been

previously published in the Federal

Register and are codified in the

Commission’s regulations as 10 CFR

Part 150.

DATES: The comment period expires

January 23, 1997.

Comments received after this date

will be considered if it is practical to do

so, but the Commission is able to assure

consideration only for comments

received on or before this date.

ADDRESSES: Written comments may be

submitted to Mr. David L. Meyer, Chief,

Rules Review and Directives Branch,

Division of Freedom of Information and

Publications Services, Office of

Administration, Washington, DC 20555–

0001. Copies of comments received by

NRC may be examined at the NRC

Public Document Room, 2120 L Street,

NW. (Lower Level), Washington, DC.

Copies of the proposed Agreement,

along with copies of the request by

Governor Weld including referenced

enclosures, applicable legislation,

regulations for the control of radiation,

and the full text of the NRC staff

assessment are also available for public

inspection in the NRC’s Public

Document Room.

FOR FURTHER INFORMATION CONTACT:

Richard L. Blanton, Office of State

Programs, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001. Telephone (301) 415–2322 or email RLB@NRC.GOV.

SUPPLEMENTARY INFORMATION: The

Commission has received a request from

Governor William Weld of

Massachusetts to enter into an

Agreement whereby the NRC would

discontinue, and the Commonwealth

would assume, certain regulatory

authority as specified in the Act.

Section 274 of the Act authorizes the

Commission to enter into such an

agreement.

Section 274e of the Act requires that

the terms of the proposed Agreement be

published for public comment once

each week for four consecutive weeks.

This notice is being published in the

Federal Register in fulfillment of the

requirement.

I. Background

(a) Section 274d of the Act provides

the mechanism whereby a State may

assume regulatory authority, otherwise

reserved to the NRC, over certain

radioactive materials 1 and uses thereof.

In a letter dated March 28, 1996,

Governor Weld certified that the

Commonwealth of Massachusetts has a

program for the control of radiation

hazards that is adequate to protect

health and safety of the public within

the Commonwealth with respect to the

materials covered by the proposed

Agreement, and that the Commonwealth

desires to assume regulatory

responsibility for these materials.

Included with the letter was the text of

the proposed Agreement, which is

shown in Appendix A to this notice.

The specific authorities requested by

the Commonwealth of Massachusetts

under this proposed Agreement are (1)

the regulation of byproduct materials as

defined in Section 11e.(1) of the Act, (2)

the regulation of source materials, (3)

the regulation of special nuclear

materials in quantities not sufficient to

form a critical mass, (4) the evaluation
1344 Federal Register / Vol. 62, No. 6 / Thursday, January 9, 1997 / Notices

of the safety of sealed sources and

devices (containing materials covered

by the Agreement) for distribution in

interstate commerce, and (5) the land

disposal of low-level radioactive waste

(as defined in the Low-Level

Radioactive Waste Policy Amendments

Act of 1985, 42 U.S.C. 2021b) received

from other persons. The Commonwealth

does not wish to assume authority over

the regulation of byproduct materials as

defined in Section 11e.(2) of the Act,

that is over tailings from the recovery of

source materials from ore, but does

reserve the right to apply at a future date

for an amended agreement to assume

authority in this area.

(b) The proposed agreement contains

nine articles that (1) list the materials

and activities to be covered by the

Agreement; (2) specify the activity for

which the Commission will retain

regulatory authority; (3) allow for future

amendment of the Agreement; (4) allow

for certain regulatory changes by the

Commission; (5) reference the continued

authority of the Commission for

purposes of safeguarding nuclear

materials and restricted data; (6) commit

the Commonwealth and NRC to

exchange information necessary to

maintain coordinated and compatible

programs; (7) recognize reciprocity of

licenses issued by the respective

agencies; (8) identify criteria for the

suspension or termination of the

Agreement; and (9) specify the proposed

effective date. The Commission reserves

the option to modify the terms of the

proposed Agreement in response to

comments, to correct errors, and to

make editorial changes in style. Also,

because of several issues posed by this

request which required resolution

before the Agreement could be

concluded, the effective date requested

by the Governor could not be realized.

The final text of the Agreement, with

the actual effective date, will be

published after the Agreement is

approved by the Commission.

(c) The Massachusetts radiation

control program currently regulates

users of naturally-occurring and

accelerator-produced radioactive

materials, and users of certain radiationproducing electronic machines. The

program was enabled by Massachusetts

law (Massachusetts General Law

[M.G.L.] Chapter 111, §5B) in 1958. This

statute was later replaced by M.G.L.

Chapter 111, Sections 5M through 5P. In

1987, M.G.L. Chapter 111H was added

to provide for the regulation of low-level

radioactive waste. Section 7 of the

legislation contains the authority for the

Governor to enter into an Agreement

with the Commission.

The Massachusetts regulations

contain provisions for the orderly

transfer of authority over NRC licenses

to the regulatory control of the

Commonwealth. After the effective date

of this proposed Agreement, licenses

issued by NRC will continue in effect

under Massachusetts regulatory

authority until these licenses expire or

are replaced by Commonwealth issued

licenses.

(d) The NRC staff assessment finds the

proposed Massachusetts program

adequate to protect public health and

safety, and compatible with the NRC

program for materials regulation.

II. Summary of the NRC Staff

Assessment of the Massachusetts

Program for the Control of Agreement

Materials

NRC staff has examined the proposed

Massachusetts radiation control

program with respect to the ability of

the program to regulate agreement

materials. The examination was based

on the Commission’s policy statement

‘‘Criteria for Guidance of States and

NRC in Discontinuance of NRC

Regulatory Authority and Assumption

Thereof by States Through Agreement’’

(referred to herein as the ‘‘criteria’’) (46

FR 7540; January 23, 1981, as amended).

(a) Organization and Personnel. The

proposed program unit responsible for

regulating agreement materials will

consist of 13 technical/professional

positions within the existing radiation

control program of the Massachusetts

Department of Public Health. The

qualifications for staff members

specified in the personnel position

descriptions, and the qualifications of

the current staff members, meet the

criteria for education, training and

experience. All current staff members

hold at least bachelor’s degrees in

physical or life sciences, or have a

combination of education and

experience at least equivalent to a

bachelor’s degree. Most staff members

hold advanced degrees, and have had

additional training and experience in

radiation protection. Senior staff have

more than five years experience each in

radiation control programs. The

program director has a master’s degree

in public health and 15 years experience

in regulatory health physics.

(b) Legislation and regulations. The

Massachusetts Department of Public

Health is designated by statute to be the

radiation control agency. The

Department is provided by statute with

the authority to promulgate regulations,

issue licenses, issue orders, conduct

inspections, and to enforce compliance

with regulations, license conditions,

and orders. Licensees are required by

law to provide access to inspectors.

The Department has adopted

regulations (Massachusetts Regulations

for the Control of Radiation or MRCR)

providing radiation protection standards

essentially identical to the standards in

10 CFR Part 20. Technical definitions in

the MRCR are also essentially identical.

The MRCR require consideration of the

total radiation doses to individuals from

all sources of radiation (except

background radiation and radiation

from medical treatment or

examinations, as is the case in the NRC

rules), whether the sources are in the

possession of the licensee or not. The

MRCR also require appropriate surveys

and personnel monitoring under the

close supervision of technically

competent people, and the use of

radiation labels, signs and symbols

essentially identical to those contained

in 10 CFR Part 20. Posting requirements

and instruction of workers requirements

adopted in the MRCR are compatible

with the equivalent current

requirements of the NRC.

Nothing in the Massachusetts statutes

or regulations seeks to regulate areas not

permitted by the Atomic Energy Act.

The MRCR contain a provision to avoid

interference with those regulatory

requirements imposed by NRC pursuant

to the Act, and for which

Commonwealth licensees have not been

exempted under the agreement.

(c) Storage and Disposal. The MRCR

also contain compatible requirements

for the storage of radioactive material,

and for the disposal of radioactive

material as waste. The waste disposal

requirements cover both waste disposal

by material users and the land disposal

of waste received from other persons.

The NRC staff noted some differences in

the MRCR waste regulations as

compared to the NRC regulations in 10

CFR Part 61, but determined that the

differences are related either to the

prohibition of shallow land burial as a

disposal technology or to the ownership

of the disposal site by the Massachusetts

Low-Level Radioactive Waste

Management Board. Because of these

special provisions, NRC staff

determined that the differences in the

regulations do not reduce the ability of

the Massachusetts radiation control

program to protect health and safety,

nor reduce the compatibility of the

program or the regulations themselves.

(d) Transportation of Radioactive

Material. The MRCR contains rules

equivalent to 10 CFR Part 71 as in effect

prior to April 1, 1996. Effective on that

date, the NRC amended Part 71. Under

current policy, an existing Agreement

State is allowed up to three years after
Federal Register / Vol. 62, No. 6 / Thursday, January 9, 1997 / Notices 1345

NRC adopts a final rule to adopt a

compatible rule, or to impose each

regulatory provision of the rule using an

alternate legally binding requirement

(LBR), such as an order or license

condition. A State seeking an agreement

is expected to have effective rules or

LBRs compatible with those of NRC in

effect at the time the agreement becomes

effective. The intent of this expectation

is to spare licensees in the new

Agreement State from the ‘‘whipsaw’’

effect of being subjected first to the new

NRC requirements, then the old

requirements when the agreement takes

effect, then again to the new

requirements when later adopted by the

State. Massachusetts is in the process of

adopting rules compatible with the

revised 10 CFR Part 71. However, these

rules may not become effective before

the Agreement is signed. Massachusetts

intends to impose the requirements of

the new Part 71 rules in the interim by

issuing appropriate orders to the

affected licensees.

(e) Recordkeeping and Incident

Reporting. The MRCR incident reporting

requirements are similar to the

requirements in the NRC rules. The NRC

staff noted that for some NRC rules that

specify a records retention period of less

than five years, the retention period

specified in the MRCR is shorter. The

NRC staff concluded, however, that the

retention periods specified in the MRCR

rules are adequate since the retention

periods are long enough to permit

examination of the records during

routine inspections. The MRCR imposes

retention requirements similar to the

NRC rules for records which must be

retained indefinitely or until the license

is terminated.

(f) Evaluation of License Applications.

The MRCR contains requirements

equivalent to the current NRC

regulations specifying the required

content of applications for licenses,

renewals, and amendments. The MRCR

also provide requirements equivalent to

the NRC requirements for issuing

licenses and specifying the terms and

conditions of licenses. The agreement

materials program unit has adopted a

procedure for processing applications

that assures the regulatory requirements

will be met, or, if appropriate,

exceptions granted. The program unit

has the authority by Statute to impose

requirements in addition to the

requirements specified in the

regulations. The program unit also

retains by regulation the authority to

grant specific exemptions from the

requirements of the regulations. The

MRCR specifies qualifications for the

use of radioactive materials in or on

humans that are similar to the NRC

requirements in 10 CFR Part 35.

The Massachusetts licensing

procedures manual, along with the

accompanying regulatory guides, are

adapted from similar NRC documents

and contain adequate guidance for the

agreement materials program unit staff

to use when evaluating license

applications.

(g) Inspections and Enforcement. The

Massachusetts radiation control

program has adopted a schedule

providing for the inspection of licensees

as frequently as, or more frequently

than, the inspection schedule used by

NRC. The agreement materials program

unit has adopted procedures for the

conduct of inspections, the reporting of

inspection findings, and the report of

inspection results to the licensees. The

program has also adopted procedures

for enforcement in the MRCR.

(h) Regulatory Administration. The

Massachusetts Department of Public

Health is bound by procedures specified

in Commonwealth statute for

rulemaking. The program has adopted

procedures to assure fair and impartial

treatment of license applicants.

(i) Cooperation with Other Agencies.

The MRCR deems the holder of an NRC

license on the effective date of the

Agreement to possess a like license

issued by Massachusetts. The MRCR

provides that these former NRC licenses

will expire either 90 days after receipt

from the radiation control program of a

notice of expiration of such license or

on the date of expiration specified in the

NRC license, whichever is earlier. The

MRCR also provides for ‘‘timely

renewal.’’ This provision affords the

continuance of licenses for which an

application for renewal has been filed

more than 30 days prior to the date of

expiration of the license. Licenses in

timely renewal are not excluded from

the transfer continuation provision. The

MRCR provide exemptions from the

Commonwealth’s requirements for

licensing of sources of radiation for NRC

and U.S. Department of Energy

contractors or subcontractors.

The Department of Public Health and

the Department of Labor and Industries

have entered into a Memorandum of

Understanding, as authorized elsewhere

in Massachusetts law, which provides

for the Department of Public Health to

exercise the responsibility and authority

of the Department of Labor and

Industries with respect to radiation and

radioactive materials. The Department

of Environmental Protection is

designated as the agency to adopt the

suitability standards for any proposed

disposal site under the Massachusetts

Low-Level Radioactive Waste

Management Act. The Department of

Public Health will license and regulate

the site only after the Executive

Secretary for Environmental Affairs has

determined that the report on the site

characterization study is in

conformance with the suitability

standards, and the Low-Level

Radioactive Waste Management Board

has selected the operator.

The proposed Agreement commits the

Commonwealth to use its best efforts to

cooperate with the NRC and the other

Agreement States in the formulation of

standards and regulatory programs for

the protection against hazards of

radiation and to assure that the

Commonwealth’s program will continue

to be compatible with the Commission’s

program for the regulation of like

materials. The proposed Agreement

stipulates the desirability of reciprocal

recognition of licenses, and commits the

Commission and the Commonwealth to

use their best efforts to accord such

reciprocity.

III. Staff Conclusion

Subsection 274d of the Act provides

that the Commission shall enter into an

agreement under subsection 274b with

any State if:

(a) The Governor of the State certifies

that the State has a program for the

control of radiation hazards adequate to

protect public health and safety with

respect to the materials within the State

covered by the proposed Agreement,

and that the State desires to assume

regulatory responsibility for such

materials; and

(b) The Commission finds that the

State program is in accordance with the

requirements of Subsection 274o, and in

all other respects compatible with the

Commission’s program for the

regulation of such materials, and that

the State program is adequate to protect

public health and safety with respect to

the materials covered by the proposed

Agreement.

On the basis of its assessment, the

NRC staff has concluded that the

Commonwealth of Massachusetts meets

the requirements of Section 274 of the

Act. The Commonwealth’s statutes,

regulations, personnel, licensing,

inspection, and administrative

procedures are compatible with those of

the Commission and adequate to protect

public health and safety with respect to

the materials covered by the proposed

Agreement. Since the Commonwealth is

not seeking authority over byproduct

material as defined in Section 11e.(2) of

the Act, Subsection 274o is not

applicable to the proposed Agreement.

The language of the Agreement

requested by Governor Weld has been
1346 Federal Register / Vol. 62, No. 6 / Thursday, January 9, 1997 / Notices

revised to reflect that the effective date

of the proposed Agreement and the

location at which it will be signed

remain to be determined. Certain

conventions have been used to highlight

the proposed revisions. New language is

shown inside boldfaced arrows, while

language that would be deleted is set off

with brackets.

IV. Small Business Regulatory

Enforcement Fairness Act

In accordance with the Small

Business Regulatory Enforcement

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 of

the Office of Management and Budget

(OMB).

Dated at Rockville, Maryland, this 19th day

of December, 1996.

For the U. S. Nuclear Regulatory

Commission.

Paul H. Lohaus,

Acting Director, Office of State Programs.

Appendix A Proposed Agreement

Agreement Between the United States

Nuclear Regulatory Commission and

the Commonwealth of Massachusetts

for the Discontinuance of Certain

Commission Regulatory Authority and

Responsibility Within the

Commonwealth Pursuant to Section 274

of the Atomic Energy Act of 1954, as

Amended

Whereas, The United States Nuclear

Regulatory Commission (hereinafter

referred to as the Commission) is

authorized under Section 274 of the

Atomic Energy Act of 1954, as amended

(hereinafter referred to as the Act), to

enter into agreements with the Governor

of any State providing for

discontinuance of the regulatory

authority of the Commission within the

State under Chapters 6, 7, and 8, and

Section 161 of the Act with respect to

by-product materials as defined in

Sections 11e. (1) and (2) of the Act,

source materials, and special nuclear

materials in quantities not sufficient to

form a critical mass; and,

Whereas, The Governor of the

Commonwealth of Massachusetts is

authorized under Massachusetts General

Laws, Chapter 111H, to enter into this

Agreement with the Commission; and,

Whereas, The Governor of the

Commonwealth of Massachusetts

certified on [June 1, 1995,] ∫March 28,

1996,a that the Commonwealth of

Massachusetts (hereinafter referred to as

the Commonwealth) has a program for

the control of radiation hazards

adequate to protect [the] public health

and safety with respect to the materials

within the Commonwealth covered by

this Agreement, and that the

Commonwealth desires to assume

regulatory responsibility for such

materials; and,

Whereas, The Commission found on

[November 1, 1995,] ∫(date to be

determined)a that the program of the

Commonwealth for the regulation of the

materials covered by this Agreement is

compatible with the Commission’s

program for the regulation of such

materials and is adequate to protect

public health and safety; and,

Whereas, The Commonwealth and the

Commission recognize the desirability

and importance of cooperation[s]

between the Commission and the

Commonwealth in the formulation of

standards for protection against hazards

of radiation and in assuring that

Commonwealth and Commission

programs for protection against hazards

of radiation will be coordinated and

compatible; and,

Whereas, The Commission and the

Commonwealth recognize the

desirability of reciprocal recognition of

licenses and exemptions from licensing

of those materials subject to this

Agreement; and,

Whereas, This Agreement is entered

into pursuant to the provisions of the

Atomic Energy Act of 1954, as amended;

Now, therefore, It is hereby agreed

between the Commission and the

Governor of the Commonwealth, acting

in behalf of the Commonwealth, as

follows:

Article I

Subject to the exceptions provided in

Articles II, IV, and V, the Commission

shall discontinue, as of the effective

date of this Agreement, the regulatory

authority of the Commission in the

Commonwealth under Chapters 6, 7,

and 8, and Section 161 of the Act with

respect to the following materials:

A. By-product materials as defined in

Section 11e.(1) of the Act;

B. Source materials;

C. Special nuclear materials in

quantities not sufficient to form a

critical mass; and,

D. Licensing of Low-Level Radioactive

Waste Facilities.

Article II

This Agreement does not provide for

discontinuance of any authority and the

Commission shall retain authority and

responsibility with respect to regulation

of:

A. The construction and operation of

any production or utilization facility;

B. The export from or import into the

United States of by-product, source, or

special nuclear material, or of any

production or utilization facility;

C. The disposal into the ocean or sea

of by-product, source, or special nuclear

waste materials as defined in

regulations or orders of the Commission;

D. The disposal of such other byproduct, source, or special nuclear

material as the Commission from time to

time determines by regulation or order

should, because of the hazards or

potential hazards thereof, not be so

disposed of without a license from the

Commission; and,

E. The extraction or concentration of

source material from source material ore

and the management and disposal of the

resulting by-product material.

Article III

This Agreement may be amended,

upon application by the Commonwealth

and approval by the Commission, to

include the additional area(s) specified

in Article II, paragraph E, whereby the

Commonwealth can exert regulatory

control over the materials stated therein.

Article IV

Notwithstanding this Agreement, the

Commission may from time to time by

rule, regulation, or order, require that

the manufacturer, processor, or

producer of any equipment, device,

commodity, or other product containing

source, by-product, or special nuclear

material shall not transfer possession or

control of such product except pursuant

to a license or an exemption from

licensing issued by the Commission.

Article V

This Agreement shall not affect the

authority of the Commission under

Subsection 161b or 161i of the Act to

issue rules, regulations, or orders to

protect the common defense and

security, to protect restricted data or to

guard against the loss or diversion of

special nuclear material.

Article VI

The Commission will use its best

efforts to cooperate with the

Commonwealth and other Agreement

States in the formulation of standards

and regulatory programs of the

Commonwealth and the Commission for

protection against hazards of radiation

and to assure that Commonwealth and

Commission programs for protection

against hazards of radiation will be

coordinated and compatible. The

Commonwealth will use its best efforts

to cooperate with the Commission and

other Agreement States in the

formulation of standards and regulatory

programs of the Commonwealth and the

Commission for protection against
Federal Register / Vol. 62, No. 6 / Thursday, January 9, 1997 / Notices 1347

hazards of radiation and to assure that

the Commonwealth’s program will

continue to be compatible with the

program of the Commission for the

regulation of like materials. The

Commonwealth and the Commission

will use their best efforts to keep each

other informed of proposed changes in

their respective rules and regulations

and licensing, inspection and

enforcement policies and criteria, and to

obtain the comments and assistance of

the other party thereon.

Article VII

The Commission and the

Commonwealth agree that it is desirable

to provide reciprocal recognition of

licenses for the materials listed in

Article I licensed by the other party or

by any other Agreement State.

Accordingly, the Commission and the

State agree to use their best efforts to

develop appropriate rules, regulations,

and procedures by which such

reciprocity will be accorded.

Article VIII

The Commission, upon its own

initiative after reasonable notice and

opportunity for hearing to the

Commonwealth, or upon request of the

Governor of the Commonwealth, may

terminate or suspend all or part of this

Agreement and reassert the licensing

and regulatory authority vested in it

under the Act if the Commission finds

that (1) such termination or suspension

is required to protect public health and

safety, or (2) the Commonwealth has not

complied with one or more of the

requirements of Section 274 of the Act.

The Commission may also, pursuant to

Section 274j of the Act, temporarily

suspend all or part of this Agreement if,

in the judgement of the Commission, an

emergency situation exists requiring

immediate action to protect public

health and safety and the

Commonwealth has failed to take

necessary steps. The Commission shall

periodically review this Agreement and

actions taken by the Commonwealth

under this Agreement to ensure

compliance with Section 274 of the Act.

Article IX

This Agreement shall become

effective on [April 24, 1996,] (date to be

determined) and shall remain in effect

unless and until such time as it is

terminated pursuant to Article VIII.

Done at [Boston, Massachusetts]

(location to be determined), in triplicate,

this [24]th Day of [April, 1996] (date to

be determined).

For the United States Nuclear Regulatory

Commission.

lllllllllllllllllllll

Shirley Ann Jackson,

Chairman.

For the Commonwealth of Massachusetts.

lllllllllllllllllllll

William F. Weld,

Governor.

[FR Doc. 97–403 Filed 1–8–97; 8:45 am]

BILLING CODE 7590–01–P

SECURITIES AND EXCHANGE

COMMISSION

[Release No. 35–26640]

Filings Under the Public Utility Holding

Company Act of 1935, as Amended

(‘‘Act’’)

January 3, 1997.

Notice is hereby given that the

following filing(s) has/have been made

with the Commission pursuant to

provisions of the Act and rules

promulgated thereunder. All interested

persons are referred to the application(s)

and/or declaration(s) for complete

statements of the proposed

transaction(s) summarized below. The

application(s) and/or declaration(s) and

any amendments thereto is/are available

for public inspection through the

Commission’s Office of Public

Reference.

Interested persons wishing to

comment or request a hearing on the

application(s) and/or declaration(s)

should submit their views in writing by

January 27, 1997, to the Secretary,

Securities and Exchange Commission,

Washington, D.C. 20549, and serve a

copy on the relevant applicant(s) and/or

declarant(s) at the address(es) specified

below. Proof of service (by affidavit or,

in case of an attorney at law, by

certificate) should be filed with the

request. Any request for hearing shall

identify specifically the issues of fact or

law that are disputed. A person who so

requests will be notified of any hearing,

if ordered, and will receive a copy of

any notice or order issued in the matter.

After said date, the application(s) and/

or declaration(s), as filed or as amended,

may be granted and/or permitted to

become effective.

Entergy Corporation (70–8977)

Entergy Corporation, 639 Loyola

Avenue, New Orleans, Louisiana 70113

(‘‘Entergy’’), a registered holding

company, has filed a declaration with

the commission pursuant to sections

6(a) and 7 of the Act.

Entergy adopted an employee stock

option plan, known as the Entergy Stock

Investment Plan (‘‘Plan’’), dated October

29, 1993. In connection with the

implementation of the Plan, the

Commission, by order dated December

28, 1993 (HCAR No. 25963), authorized

Entergy, from time to time through

March 31, 1997, to (i) grant options

(‘‘Options’’) to eligible employees (as

hereinafter defined) to purchase up to

2,000,000 shares of its common stock,

$5 par value, or any successor security

(‘‘Stock’’), and (ii) to issue and sell up

to 2,000,000 shares of such Stock upon

the exercise of such Options. In

addition, Entergy was authorized to

purchase, from time to time through

March 31, 1997, up to 2,000,000 shares

of Stock to be held as treasury shares,

pending resale to such employees, for

the purpose of satisfying the anticipated

requirements of the Plan.

The Plan, as currently in effect,

provides for three consecutive annual

offerings of Stock, with the first such

annual period commencing on April 1,

1994 and the third and final such

annual period termininating March 31,

1997. Entergy now proposes to renew

and extend the Plan for an additional

three year period commencing April 1,

1997, and to amend the Plan to provide

for such renewal and extension and for

the sale of up to 2,000,000 additional

shares of Stock during this extended

term.

Accordingly, Entergy requests

authorization, from time to time during

the period through March 31, 2000, to

grant additional Options pursuant to the

terms of the Plan, as amended, and, in

connection with the execution of such

Options (and the Options previously

granted), to sell up to an aggregate

maximum of 4,000,000 shares of its

Stock (including the 2,000,000 shares

currently authorized) which may be

either authorized but unissued shares or

previously issued shares purchased by

Entergy on the open market and held by

the Corporation as treasury shares.

Entergy intends, pursuant to rule 42, to

purchase on the open market, from time

to time through March 31, 2000, up to

an aggregate maximum of 4,000,000

shares of Stock (including the 2,000,000

shares currently authorized), to be held

as treasury shares pending resale to

participating employees pursuant to the

terms of the Plan.

Funds for the purchase of shares of

Stock on the open market to satisfy the

requirements of the Plan will be

obtained from internally generated

funds. Proceeds from the sale of shares

of Stock under the Plan will become

part of the general coporate funds of

Entergy and will be used (i) to purchase

Stock of Entergy sold or to be sold by

Entergy under the Plan, or (ii) for other

general corporate purposes. Any

authorization that is required under the