11938 Federal Register / Vol. 62, No. 49 / Thursday, March 13, 1997 / Notices

the Advisory Committee on Nuclear

Waste for NRC and the Defense Nuclear

Facilities Safety Board for DOE, provide

independent technical advice

concerning facilities, safety studies, and

related matters. As appropriate, DOE

and NRC agree to support these types of

independent reviews by providing

readily available information or

designating representatives to attend

briefings related to their respective areas

of responsibilities.

V. Other Provisions

1. Nothing in this MOU shall limit the

rights or ability of either agency to

exercise its authority independently

with regard to matters that are the

subject of this MOU.

2. Nothing in this MOU shall be

deemed to establish any right nor

provide a basis for any action, either

legal or equitable, by any person or class

of persons challenging a government

action or a failure to act.

3. This MOU is not entered into for

purposes of addressing issues related to

possible changes in the scope of either

party’s authority to regulate nuclear

materials and facilities.

4. This MOU may be further

implemented by supplementary

agreements in which authorized

representatives of DOE and NRC may

amplify or modify the policy or

provisions in this MOU or any of its

supplements, provided that any material

modifications of the provisions or any of

its supplements shall be subject to the

approval of the authorized signatories of

this MOU or their designated

representatives.

5. This MOU shall be effective upon

signature of the Secretary of Energy and

the Chairman of the NRC and will

remain in effect until terminated by

mutual agreement or by the written

notice of either party submitted six

months in advance of termination.

Amendments or modifications to this

MOU may be made upon the written

agreement of the parties.

6. In developing specific MOUs for

particular projects and activities, the

parties shall consider what provisions

should be made for the handling of

whistleblower issues or other citizen

complaints.

Hazel R. O’Leary,

Secretary, U.S. Department of Energy.

Shirley A. Jackson,

Chairman, U.S. Nuclear Regulatory

Commission.

This Memorandum of Understanding

was signed by the Chairman of the

Nuclear Regulatory Commission and the

Secretary of Energy on January 15, 1997.

Dated at Rockville, Maryland, this 5 day of

March 1997.

For the Nuclear Regulatory Commission.

Robert C. Pierson,

Chief, Special Projects Branch, Division of

Fuel Cycle Safety and Safeguards, NMSS.

[FR Doc. 97–6345 Filed 3–12–97; 8:45 am]

BILLING CODE 7590–01–P

[Docket Nos. 70–7001 and 70–7002]

Notice of Transition of Regulatory

Authority Over the U.S. Enrichment

Corporation Gaseous Diffusion Plants

The U.S. Nuclear Regulatory

Commission assumed regulatory

jurisdiction, from the U.S. Department

of Energy (DOE), over the United States

Enrichment Corporation (USEC) gaseous

diffusion plants (GDPs) located in

Paducah, Kentucky, and Piketon, Ohio,

at 12:01 a.m. on March 3, 1997.

The President signed H.R. 776, the

Energy Policy Act of 1992 (the Act), into

law on October 24, 1992. The Act

amended the Atomic Energy Act of

1954, to establish a new government

corporation, USEC, for the purpose of

operating the uranium enrichment

enterprise owned and previously

operated by DOE. The Act provided that

NRC would promulgate standards that

apply to USEC’s operation of its GDPs,

to protect public health and safety from

radiological hazards, and to provide for

the common defense and security. The

Act directed NRC to establish and

implement a certification process under

which NRC would certify the GDPs for

compliance with these standards. DOE

agreed to retain nuclear safety,

safeguards, and security oversight of the

GDPs until NRC finished its certification

process.

On September 16, 1996, the Director,

Office of Nuclear Material Safety and

Safeguards (Director) signed the initial

certification decision. Notice of this

decision appeared in the Federal

Register (61 FR 49360) on September

19, 1996. The Director signed the final

Certificates of Compliance for the GDPs

on November 26, 1996. The Certificates

of Compliance provided for a transition

period before NRC’s assuming

regulatory authority, to allow USEC to

complete necessary procedure revision

and training on the NRC-approved

application. DOE continued regulatory

oversight during this transition period.

The transition period ended at midnight

on March 2, 1997. NRC assumed

regulatory oversight at the GDPs at 12:01

a.m. (local time) on March 3, 1997.

NRC has not assumed regulatory

jurisdiction over the entire Paducah and

Portsmouth reservations. DOE retains

regulatory jurisdiction over those

portions of both sites that have activities

unrelated to the enrichment process and

that are not leased by USEC. Examples

of activities for which DOE retains

responsibility are environmental

restoration activities, cylinder storage

yards that contain depleted UF 6

generated before July 1993, and

activities related to highly enriched

uranium.

All correspondence related to the

GDPs, except for proprietary and

classified information, is available for

public inspection and copying at the

Commission Public Document Room,

2120 L Street, NW., Washington, DC

20555 it is also available at the Local

Public Document Rooms, under Docket

No. 70–7001, at the Paducah Public

Library, 555 Washington Street,

Paducah, Kentucky 42003; and under

Docket No. 70–7002, at the Portsmouth

Public Library, 1220 Gallia Street,

Portsmouth, Ohio 45662.

Dated at Rockville, Maryland, this 3rd day

of March 1997.

For the Nuclear Regulatory Commission.

Carl J. Paperiello,

Director, Office of Nuclear Material Safety

and Safeguards.

[FR Doc. 97–6346 Filed 3–12–97; 8:45 am]

BILLING CODE 7590–01–P

POSTAL RATE COMMISSION

[Order No. 1162; Docket No. A97–14]

Spottswood, Virginia 24475 (Regina

Kesterson, Petitioner); Notice and

Order Accepting Appeal and

Establishing Procedural Schedule

Under 39 U.S.C. 404(b)(5)

Issued March 10, 1997.

Before Commissioners: Edward J. Gleiman,

Chairman; H. Edward Quick, Jr., ViceChairman; George W. Haley; W.H. ‘‘Trey’’

LeBlanc III.

Docket Number: A97–14.

Name of Affected Post Office:

Spottswood, Virginia 24475.

Name(s) of Petitioner(s): Regina

Kesterson.

Type of Determination: Closing.

Date of filing of Appeal Papers: March

3, 1997.

Categories of issues apparently raised:

1. Effect on the community (39 U.S.C.

404(b)(2)(A)).

2. Effect on postal services (39 U.S.C.

404(b)(2)(C)).

After the Postal Service files the

administrative record and the

Commission reviews it, the Commission

may find that there are more legal issues

than those set forth above. Or, the