Docket Ho. 50-410

Gentlemen:

.NAY 11 576

DistributionDocket File NSIC.LWR-1 File TICNRC PDR M. Duncan.Local PDR R. Boyd

Niagara Hohawk Power Corporation R. DeYoung W. KaneATTN: Hr. Gerald K. Rhode F. Williams

Vice President - Engineering J. Stolz300 Erie Boulevard Nest H. Smith (2)Syracuse, New York 13202

OELD.IE (3)

e

The Nuclear Regulatory Commission (NRC) has adopted amendments to Parts 2,50 and 51 of 1.0 CFR which were puhlished in the Federal ~Re Ester on April 15,1976. These amendments are procedural changes pertaining to the initialtreatment of an application for a construction permit or facility operatinglicense and amendments thereto. They become effective on Hay 17, l976.

Previously, when a tendered application was determined by the NRC staff tobe complete and acceptable for detailed review, applicants would be soinformed and requested to submit additional copies of the applicationand the environmental report to the NRC for distribution to appropriateFederal, State and local of@vials.

Effeotive Hay 17, 1976, when a tendered application is determined by theNRC staff to be complete and acceptable for docketing, applicants willbe so informed and requested to: (a) submit some additional copies ofthe application and the environmental report to the NRC, and: (b) make

direct distribution of other additional copies of the documents to appropriateFederal, State and 3ocal officia3s in accordance with written instructionsfurnished to the applicant by the Director of Nuclear Reactor Regulation.Copy requirements are summarized in the fo3lowing table:

TENDHRXNG DOCKETING

Application andGeneral Information

copies submittedto NRC

30

copies submitted copies retainedto NRC b a licant

30

Safety ArialysisHepor t 15 40~ 30

EnvironmentalReport 20 41+ 109

NOTE: These same copy requirements apply to amendments to applicationsw 3us three notarized ori inals

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Niagara Mohawk Power Corporation - 2- MAY 1 1 1976

In accordance with the new requirements of l0 CFH Par@ 2, 50 and 53, we areenolosing lists of Federal, State and 3ocal officials to whom you should

~ make direct distribution of amendments to your application and environmentalreport for your Nine Mile Point Nuc3 ear Station, Unit 2. le will keepyou informed of changes to these 3.ists .

Hithin l0 days after docketing an amendment, you should submit to theDirector of, Nuclear Reactor Regulation, an affidavit indicating that distributionof the additiona3 copies have been completed in accordance with therequirements of the regulations and our speoific instructions .

S copy of the federal ~Be Inter notice Is enclosed'or your Information.

Sincerely,

:Irijina( Sip+4 b~s

RQIG[ $ ~'84

Roger S. Boyd, DirectorDivision of Prospect ManagementOffice of Nuclear Reactor Regulation

«

Enolosures:3.. Distribution List - Federal, State

and local officials for app3.ication,SAR and Amendments thereto

2. Distribution List - Federal, State, and local officials for ER and

Amendments and Supplements thereto'3. Federal Register Notice published April 15, l976

(43 FH 15832) and correction

cc: see next page

(* Blanket concurrence was obtained)

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Niagara Mohawk Power Corporation

cc: Arvin E. Upton, EsquireLeBoeuf, Lamb, Leiby & MacRae1757 N. Street, N. W.

Washington, D. C. 20036

t1iss Juanita Kersey, LibrarianOswego City Library120 E. Second StreetOswego, New York 13126

Nr. Richard GoldsmithSyracuse UniversityCollege of LawE. I. White Hall CampusSyracuse, New York 13210

Dr. William E. SeymourStaff CoordinatorNew York State Atomic Energy CouncilNew York State Department of Commerce99 Washington StreetAlbany, New York 12210

Anthony Z. Roisman, EsquireBerkin, Roisman 8 Kessler1712 N. Street N. W.

Washington, D. C. 20036

0

MAY I 1 ~g76

NINE MILE POINT NUCLEAR STATION, UNIT 2

DISTRIBUTION LIST

APPLICATION/GENERAL INFORMATION AND

SAFETY ANALYSIS REPORT. AND AMENDMENTS

Dr.. William E. SeymourState CoordinatorNew York State Atomic Energy CouncilNew York State Department of Commerce99 Washington StreetAlbany, New York 12210

Mr. Alvin L. KrakauChairman, County LegislatureCounty Office Building46 East Bridge StreetOswego, New York 13126

Mr. Robert P. Jones, SupervisorTown of ScribaR. D. 84Oswego, New York 13126

Mr. Paul Arbesman (only SAR and Amendments)Environmental Protection Agency26 Federal PlazaNew York, New York 10007

DISTRIBUT IO'1 L I ST

Dock~o. 50-410Nine ~e Point 2

EN'lIROHMENTAL REPORT, AME'ID'l <'s i S, AND SU?PL:h=.'iTSNumber in parens indicaLes number. of ccpiesl

DEPARTMENT OF COi"iMERCE

Dr. Sidney R. Galler (6)*Deputy Assistant Secretary for

Environmental AffairsU. S. Department of Commerce

. 14th 8 Constitution, N. H., Rm. 3425.Washington, D. C. 20230

Mr.'obert Ochinero, Director {1).... National Oceanographi~ Data Center

Environmental Data ServiceNational Oceanic and Atmospheric

AdministrationU. S.. Department of CommerceWashington, D. C. 20235

'

Generic - 13 copiesAmendments — 5 copies

DEPARTMENT: OF" INTERIOR

Mr. Bruce Blanchard; Director {18).Office of Environmental Projects

Review, Room 5321U. S. Department of Interior18th lI C Streets, N. 'll.Washington, D. C. 20240

cc: '(transmittal letter only) .

ChiefDivision of Ecological ServicesBureau of Sport Fisneries 5 ':lildlU. S. Department of Interior18th 5 C Streets, N. W.

Washington, D. C. ZOZ40

DFPARTMENT OF H.E.W.

Mr. Charles Custard, Director (2)Office of Environmental AffairsU. S. Department of Health, Education

and llelfare, Room 4740330 Independence Avenue, S. W.

Washington, D. C. 20201

FEDERAL PO'R CO;".'1:SSIO'l

ilr. T. A. Phillips, ChiefBureau of Pow=rFederal Pow r Co.—,. iss-:.on,825 North 'Cap,tol Street,Washington, D. C. 20"26

Dr. Richard Hill. (1)Federal Power C"-.,nission,825 Noith C>peto': Stce -:,Washington, D. C..20~26-

DEPARTi~'ENT OF VPhlS."-GRTAT

Rm. 5lCON. E.

Rm. 6100

IO l

EN /IRO>'l~! ilTAL P .0; =CTI'Jl 1 AG'.CY

Hr. Tom J. Shac," (1)Division of Applied ie hnology

Environmental Protection AgencyResearch Tri=rgle ?arkDurham, cnorth Carolina 2771'l

(transmittal letter only addressedto:

llrs. Judith T. ConnerAssistant Seer tary for Enviro."„-:,ent,

Safety 5 Consumer A=fairsU. S. Department of Transportat-'.on400 7th Street, S. W., R„. 1010'1Washington, D. C. 20590

cc of transmit al letter to:Captain William R. Ri delWater Pesources Coordinator«l/S 73 U;S.C.G., Room 7306U. S. Depa; -';..ent of Transportation400 7th -S.treat, S. 'cf.

Washington, 0. C. 20590

{after DES ',s issued, send4 copies o ? a. d amend:en'to Riedel)

-2-EHi/IROHHEHTAL PROTECTIOiH AGENCY Cont '

Hr. Devereaux Barnes (1)Effluent Gui del ines Div i s ionEnvironmental Protection AgencyWaterside Hall, Rm. 905 E. Tow r401 H,Street, S. ll.Washington, D. C. 20460

Hs. Geraldine Werdig (1)Environmental Evaluation BrancnOffice of Water ProgramsEnvironmental Protection AgencyWaterside Hall, Rm. 2818 E. Toi,(er401 tl Street, S. W.

Washington, D. C. 20460

Dr. Bern Kahn (1)Radiochemistry 8 Huclear

Engineering DivisionNational Environmental Research

CenterEnvironmental Protection AgencyCincinnati, Ohio 45268

Hr. Bruce Mann (1)National Environmental Research

CenterEnvironmental Protection AgencyP. 0. Box 15027Las ilegas, Nevada 89114

Hr. Ellery Savage (1)Eastern Environmental Radiation

FacilityEnvironmental Protection AgencyP. 0. Box 3009Hiontgomery, Alabama 36109

Hr. Heill Thomasson (1)ATTN: . Loretto LongOffice of Radiation ProgramsEnvironmental Protection AgencyWaterside Hall, Rm. 647A E. Toiler401 H Street, S. W.

Washington, D. C. 20460

(Coasta (sal t;tat r) o..ly)Dr. Eric D. Scl neider,

D-;rector;"i,'atioinal

Harine ':,'ater equalityLaboratory

Environm nial Protect;on AgencySouth Ferry Road .

iIarragans tt, Phose Island 02882

EPA REGIONAL 0FFIC

Mr. Paul Arbesman (3)Environmental Protection Agency26 Federal PlazaNew York, New York 10007

ADi/ISORY COUNCIL OH HISTORICPRESERVATI0N

Hr. Pobert Garvey, Executive (1!Director

Advisory Council on His oricPreservation

1522 K Stre t, H. W., Suite 430Washington, D. C. 20005

cc: (transmittal letter only)Commissioner, Parks and RecreationRoom 303, South Swan Street BuildingAlbany, New York 12223

-3-IIOUSIi'IG Ai'ID URBAI'I DEVELOPMENT

REGIONAL OFFICE

Mr. S. William Green (1),Regional AdministratorDepartment of Housing and Urban

Development26 Federal PlazaNew York, New York 10007

cc: (transmittal letter only)Mr. Richard H. BrounEnvironmental Clearance OfficerDepartment of Housing and Urban

Development7th 8 D Streets, S. 1I., Rm. 7100Washington, D. C. 20410

LOCAL OFFICIAL

Mr. Alvin L. Krakau (1),Chairman, County LegislatureCounty Office Building46 East Bridge StreetOswego, New York 13126

Mr. Robert P. Jones, Supervisor (1)Town of ScribaR. D. 84Oswego, New York 13126STATE OFFICIAL

Dr. William E. Seymour (10)Staff CoordinatorNew York State Atomic Energy CouncilNew York-State Department of Commerce .

99 Washington StreetAlbany, New York 12210

ARi>IY El'IGINEERING DISTRICT

U. S. Army Engineering District, (1)New York

-26 Federal PlazaNew York," New York 10007

RIVER BASII'I COMMISSIOi~l

Great Lakes Basin Commission (1)O. Box 999

Ann Arbor, M.chigan 48107

CLEARINGHOUSES

State Clearinghouse (1)New York State Division of the BudgetState CapitolAlbany, New York 12224

Central New York Regional Planning (1)and,Development Board

321 East Water StreetSyracuse, .New York 13202

ADJOINING STATES

Librarian/Thermal Reactors (1)Safety Group

Building 130Brookhav.n National LaboratoryUpton, L.I., Ne;I,.York 11973

Atomic Industrial Forum (1)1747 Pennsylvania Avenue, iN. 'IJ.

llash'ington, D. C. 20006

4- r ~,~

, 15832

Title 10—Energy'HAPTER I—NUCLEAR REGULATORY

COMMISSION

CONSTRUCTION PERMIT OR OPERATINGLICENSE

lnltlelTreatment of ApplIcationOn September 26, 1974, the htomfo

~ Energy Commission pubHshed fn theFEDERAL REGISTER (S9 FR 3442S)ProPosed amendments of 10 CFR Parte2, 60, and 61 which were proceduralchanges pertaining to the initial treatment of an appHcatfon for a construc-tion permit or facQlty operating H-cease. Under the proposed procedure atendered aypHcatlon would be fnNaHyreviewed by the staff for completenesrLIf the appHcation Is deterinined to becomplete and acceytable for processingthe aypHcant would be so Informed andrequested to (a) submit additional coyfes'f the appHcatton and environmentalreport and (b) make 'direct distrfbutfonof addNonal copies of the documents toFederal, state and local of5cfais.

In accordance with the Energy Reor-ganization Act of 1974, Pub. I 93-438,the Nuclear Regulatory Commfsstonwhich was estabHshed January 19, 1976,assumed the Hccnstng and related regu-latory functions of the former AtomioEnergy Commission.

After consideration of the commentsreceived and other factors involved, theNuclear Regulatory Commfssfon hasadopted the proposed amendments. Thetext of the rule set forth below Is thesame as the text of the proposed ruteexcept for the following:

(a) Proposed 4 2.101(a) (3) (Itf) wouldhave requhed the appHcant to make di-rect distribution of additional copies ofthe ayyHcation and environmental re-port to Federal and State officials, andother fnterested persons In accordancewith written instructions furnished tothe appHcant by the staff. A sentence hasbeen added to 42.101(a)(3)(fft) that"Such written instructions wQI be fur-nished as soon as pracUcable af ter aH orany part of the appHcation, or environ-mental report, is tendered".

(b) Paragraph 2.101(a) (3) (Hf) wouldhave required that the copies of the ap-pHcatlon and environmental report sub-mitted to the staff and distributed by theapplicant be completely assembled docu-ments, Identified by docket number. Lan-guage has been added that "Subse-quently distributed amendments to ap-

RULES AND REGULATIONS

PHcat1ons, however, may include revisedpages to yrevlous submjttals and, fn suchcases, the reclplents wQI be responsiblefor Inserting the revised yages".

(c) A sentence has been added also to$ 2.101(a) (4) that "Distribution of theadditional copies shaH be deemed to becomplete as of the time the copies aredeposited In the mail or with a carrierprepaid for deHvery to the designatedaddressees 'o

(d) Changes to > 2.101(a) (5) havebeen made to conform with the amend-meats of 52.101(a) pubHshed on Sep-tember 26, 1974 (39 FR 34394) to allowappHcants to submit the Information re-quired by Part 60 in three yarta

(e) Paragraph 60.30(c) (1) (I) has beenchanged to specify that SO copies of thesafety'analysh reyort and 10 copies ofthe general Informatfon shall be retainedby the applicant for direct distribution,or submitted upon'request, fn accordancewith Instructions by the Director of Nu-clear Reactor Regulation or Director ofNuclear Material Safety and Safeguards,as ayp'royrlate. The proposed rule dtd notindicate the number of copies to be re-tained for this purpose. Additional copiesmay be required for ayyHcations havinga unique design or with unusual or mult1-ple sites.

(f) Section 51.40 currently requiresthat aPplicants covered by I 61.6(a) sub-mit a total of 200 coyies of the environ-mental report. This number has been re-duced to a total of 150 copies. Paragraph51.40(b) requires that appHcants for (LHcense to construct and operate a pro-duction or utQIzatfon facfHty (includingamendments to such applications) shallsubmit 41 coyiee of the environmentalreport and retain an additional 109copies to be submitted uyon request ordistributed in accordance with writteninstructfons Issued by the Director ofNuclear Reactor Regulation or Directorof Nuclear Material Safety and Safe-guards, as ayproyrfate. The number ofcopies of the environmental report to besubmitted with a yetltton for rule mak-ing has been reduced from 80 to 60 copies.Conforming amendments have beenmade to IE 61.20(f) and 51.21.

One commenter noted the aignfQcantcost, handling, and storage Problems fn-volved when dealtng with page copy ofsafety analysis reports and environmen-tal reports, and suggested that the Com-mission change lts requirements to per-mitmost of the required copies of reportsto be submitted fn microform. The staffhas underway a study to determine thefeasfbQlty of adopting a computerizedautomatic retrieval system using micro-form, and tMs suggestton wQI be con-sidered In the conduct of that study.

Noting that $ 2.101(a) (6) providedthat docketing can be accompHshed ifone part of the appHcatfon fs complete,a commenter questioned whether theprocedure for direct distribution wouldapply where one part of the appHcationwould be complete. It Is the intent of therule that the provision for direct dfstrf-button apply to each part of the appltcatfon which Is complete.

It was also suggested that copies bemade avaQablc on a purchase basis to

the interested Individuals concerned.The copies to be distributed fn accord-ance with instructions by the Director ofNuclear Reactor Regulation or Directorof Nuclear Material Safety and Safe-guards are Hmfted to Federal, State, andlocal officials and the public through theTechnical Information Center. and Itwould not be appropriate to charge forsuch copies.

A number of commenters objected tothe revised procedure as an unwarrant-ed shift of the admfnhtrative supportfunction from the staff to the applicant.

The revised yrocedure would result fnsome savings to the Commission andsome additional costs to the applicants.Aside from these considerations, It is theCommission's view that the revised pro-,cedure is a step fn the right direction ofremoving the NRC from the business ofserving as a distribution center for ap-pHcants'ocuments. Further, the re-vised procedure is'more efficient thanthe present procedure since the majorityof copies of appHcations and.amend-ments received by, the NRC are repack-aged and distributed outside the NRC.Direct distribution by the appHcant ofthe additional copies of the ayyltcatlonand environmental report would resultfn recfpieats outside the NRC receivingthe documents from 8 to 10 days earlierthan under the present procedure.

One commenter expressed the viewthat a tendered applfcatfon should beformally docketed at the time the staffdetermines It Is complete and acceptable.The Commission considers, however, thatthe apyHcation should not be formallydocketed untQ the Director of NuclearReactor Regulation or Director of Nu-clear Material Safety and Safeguards, asappropriate, has received the requiredcoyfes of the appHcaffon and environ-mental reyort since a fullreview of thesedocuments by the technical staff cannotbegin until the rcqufred number of copiesare received.

The amendments set forth belowamend Parts 2 and 60 with respect to

,the fnitfat treatment of an appHcatlonfor a construct1on permit, or operatingHcense, for a product1on or utlHzationfacotty, or an appHcatfon for amendmentof a construction permit or operatingHcense. If It Is determined that the ten-dered appHcation, including any envi-ronmental report required by Part 61 ofthe Commfssfon's regulations, is com-plete and acceptable for processing, theappHcant willbe informed of this deter-mination and requested to (a) submitto the Director of Nuclear Reactor Regu-lation or Director of Nuclear MaterialSafety and Safeguards, as appropriate,additional copies of the appHcatfon andenvironmental report and (b) make di-rect distribution of additional copies ofthe documents to Federal. State, andlocal ofttcfals In accordance with require-ments of the Commfssfon's regulationsand written instructions furnished bythe staff.

, The appHcaUon and envfronmental rc-yort wHI be formally docketed upon re-ceipt by the Director of Nuclear ReactorRegulation or Director of Nuclear Ma-terial Safety and Safeguards of the re-

EEDERAL REOISIEQ VOL 41, NO. 74 THURSDAY, APRIL 1Sp 19th

quired copies «If the appflcation and en-vironmental report. Within ten (10) days

, after docketing the applicant must yro-vide an affidavlt that distribution of theadditional copies Co ~eral, 8tate andlocal offlcia)s has been completed in ac-cordance with regulatory requirementsand hIstructlons by the Director of Nu-clear Reactor Regulation or Director ofNuclear Material Safety and Safeguards.Distribution of the additional copies ofthe application and environmental re-port shall be deemed to be complete as ofthe time the copies are deposited in themail or with a carrier prepaid for deliv-ery to the designated addressees.

Pursuant to the Atomic Energy Act of1954, as amended, the Energy Reorgani-zation Act of 1974, and sections 552 and558 of Title-5 of the United States Code,as amended, the following amendmentsof Title 10, Chapter I, Code of FederalRegulations, Parts 2, 60, and 61 are pub-lished as a document subject to codifica-tion.

PART 2—RULES 0F $%ACTICK

1. Section 2.101 is revised to read asfollows:

5 2.101 Filing of,application.(a) (1) An appflcatlon for a license or

an amendment to a license shall be fliewith the Director of Nuclear ReactorRegulation or Director of Nuclear Ma-terial Safety and Safeguards, as pre-scribed by the applicable provisions. ofthis chapter. A prospective applicantmay confer informally with the staffprior to the filinof an application.

(2) Each application for a license for afacflity, or for receipt of waste radio-active material from other persons forthe purpose of commercial disposal bythe waste dtspoeal licensee, wQI be as-signed a docket number. However, toallow a determination as to whether anapplication for a construction perndt oroperating license for a production

or'tflizationfacflity Is complete and ac-ceptable for docketing, it wiflbe initiallytreated as a tendered application afterit hI received and a copy of the tenderedapplication wfll be avaflable for publicinspection in the Commission's PublicDocument Room, 1717 H Street, N.W.,Washington, D.C. Qenerafly, that de-terminatSDn willbe made within a periodof thirty (30) days.

(S) If the Dhector of Nuclear ReactorRegulation or Director of Nuclear Ma-terial 8afety and 8afeguards, as appro-priate. determines that a tendered ay-pflcatlon for a construction permit oroperating license for a Production orutflization facility. and/or any environ-mental report required pursuant to Part61 of this chapter, or part thereof asprovided in paragraph (a) (5) of this sec-tion. are complete and acceptable fordocketing, a docket number wQI be as-signed to the aPplication or Part thereof,and the applicant wQI be noCQIed of thedetermination. With respect to the ten-dered application and/or environmentalreport or part thereof that Is acceptablefor docketing, the applicant wifl be re-

'RULES AND REGULATIONS

quested to (I) submit to the Director ofNuclear Reactor RegLdation or I%rectorof Nuclear Material safety and 8afe-

.guards, as ayyroyriate, such ssd(Qtkmalcopies as the regulations in Parts 60 and51 require; (Q) serve a oopy on the chiefexecutive of the municipality in whichthe facility is to be located or. If the'facility is not to be located'within amunicipality, on the chief executive ofthe county; and (QI) make direct distri-bution of additional copies to Pederil,State, and local offlcia)s in accordancewith the requirements of this chapterand written instructions furnhhed to theappflcart by the Director of Nuc)ear Re-actor Rclulation or Director of Nuc)earMaterial Safety and Safeguards, as ap-propriate. Such written instruct)ons wfllbe furnished as soon as practicable afteraH or any part of the application, or en-vironmental report, is tendered, The cop-ies~submitted to the Director of Nuc)earReactor Regulation or Director of Nu-Clear Material 8afety and Safeguards, asappropriate, and dhtributed by the ap-plicant shaH be completely assembleddocuments,.identifled by docket number.Subsequently distributed amendments toappflcations, however, may include re-vised pages to previous subndttals and,in such cases. the reciyients will be re-sponsib)e for inserting the revised pages.

(4) The tendered application for, aconstruction permit or operating licensefor a production or utflization facflitywfllbe formally docketed upon receipt bythe Director of Nuclear Reactor Regula-tion or Director of Nuclear MaterialSafety and Safeguards, as appropriate, ofthe required addNona) copies. Distribu-tion of the additional copies shaH bedeemed to be complete as of the time thecopies are deposited in the maQ or witha carrier prepaid for delivery to the des-Ignated addressees. The date of docket-ing shall be the date when the requiredcopies are received by the Director of Nu-clear Reactor Regulation or Director ofNuclear Material Safety and Safeguards,as appropriate. Wfthin ten (10) daysafter docketing the ayylicant shall sub-mit to the Director of Nuclear ReactorRegulation or Director of Nuc)ear Mate-rial Safety and Safeguards, as appropri-ate, an aifldavit that distribution of theadditional copies to Federal. State, andlocal offlcials has been completed in ac-cordance with requirements of this chap-ter and written instructions furnished tothe appflcant by the Director of NuclearReactor Regulation or Director of Nu-clear Material Safety and Safeguards, asappmyriate. Amendments to the ayyH-cation and environmental report shaH beflie and distributed and an affldavitshall be furEdshed to the Director of Nu-clear Reactor Regulation or Director ofNuclear Material Safety and Safeguards,as appropriate, ln the same manner asfor the irdtial application and envhon-mental report. Ifit is determined that allor any part of the tendered ayyflcationand/or envhonmental report Is incom-plete and therefore not acceptable for

the aypflcant wfll beformed of t)ds determination, and the re-spects in which the document is deficient.

(5) An applicant for a constzmNonpocmlt for a nuc)ear power reae(or EFslb-

ject to I 61,6(a) «Ff thhs o)xLPCer may eub-mit the Information required bp ayyli-cants by Part 50 of this ohapter tn threeparte. One pa*shafl be accon1yanied bythe information required by I 60.30(f) ofthis chayter, another part shall includeany information required by, 44 60.34(a)and 50.34a of this chapter and a thirdpart shall include any Infonnatk)n re-quired by 4 60.SSa. One part may precedeor foflow other parts by no longer thansix (0) months except that the part in-cluding Information reqLdmd by 1-5033ashall be submitted in accordance withtime periods syecQ)ed in 6 50.3Sa. If$t is«Mermined that any one of the parts asdesorfbed above is 'Lnoemp)ete and notacceptable for preoessing, the Dhecter DfKuc)ear Reactor Itegdlation or 'Directorof N«tc)ear Material Safety and Bafe-gaards, as ayyreyrtate, wfll InfornL theappHcant of this 4ietenninai4on and therespects in which the «Iocument )s defl-cient. Such a detesminaRIon of complete-ness wfllgenerelly be made wit)dn'a Pe-riod of thirtyIdays. Except for thepart inc)udhIg infonnaCIon requhed by6 60.38a, whichever part Is flled fl&tshallalso Include the fee required by'46 50.30(e) and 170.21 of this chapter and theinformation required by 66 50.88, 50.S4(a) (1), and 5047 of this chapter. TheDirector of Nuclear Reactor Regulationor nrector of Nuc)ear Material Safetyand Safeguards, as appropriate, willac-cept for docketing an appflcatSon for aconstruction permit for a nuc)ear Powerreactor subject to 0 51$ (a) of this chap-ter where one part, of the appflcation asdescribed above is complete and oon-forms to the requirements of Part 60 ofthis chapter. Additional parts wQI bedocketed upon a «Ietennh1ation by theDhector of Nuclear Reactor RegLdationor I)tractor of Knctear Material Safetyand 8afeguards, as appropriate, (hatthey are complete.

(b) After the application has beendocketed, each apyflcant for a license forreceipt of waste radioactive materialfrom other persons for the puryose ofcommercial disposal by the waste «Qs-posal Hcensee shaH serve a copy of theappflcation and environmental report, asappropriate, on thc chief executive of themuniciyality in which the activity is tobe conducted or, if the activity is not tobe conducted within a municipality, onthe chief executive of the county.

(c) The notice pubflshed in the Pro-xaas. Rrorsrzx announcing docketing ofthe antitrust information part of the ap-plication for a facQity license under sec-tion 103 of the Act, except for those ap-pflcations described in 6 2.102(d) (2), wfllstate that:

(1) '171e yortion of the appHcation fliecontains the information requested bythe Attorney General for the purpose ofan antitrust review of the application asset forth in Appendix L to Part 50 of thischaPter;

(2) %yon receipt and acceptance fordocketing of the remaining portions ofthe application dealing with radiologicalhealth and safety and environmental

FEDERAL REclsTER, voL. 4L No. 74—FHUREDAY, APRIL 1s, lvlb

15834 RULES AND REGULATIONS

matters, notices of recetyt wQl be yub-Ihhed fn the Fxoxxst. Rxotsxxa fndudfngan appropriate notice of hearing; and

(3) hny person who whhes to have hfsviews on the antitrust matters of the ay-plicatfon yresented to the Attorney Gen-eral forconsideration should submit suchviews wfthfn sixty (BO) days after publi-cation of the notice announcing reodptof the antitrust information to the U.S.Nudear Regulator'y Commission, Wash-ington, D.C. 20566, Attention: CMet, An-titxust and Indemnity Group.

(d) The Director of Nuclear ReaotorRegulation or Director of Nuclear Ma-terial Safety and Bafeguards, as appro-priate, wQI give notice of the docketingof the yubltc health and safety. commondefense and security, and environmentalyarts of an application for a Hcense fora fadHty, or for receipt of waste radto-acttve material from other persons forthe purpose of commerdal dhyosal bythe waste disposal Hcensee, to the Gov-ernor or other ayproyrtate ofltcfai of the

'State fn which the facQlty h to be lo-cated or the activity h to be conducted,and wQI cause to be publhhed fn theFxoxRAT. Rxotsxxa a notice of docketingof the application whfch states the pur-pose of the appHcatfon and specffles thelocation at which the proposed activitywould be conducted.

(e) The notice pubHshed fn the Fxn-xRAL RxorsTER of docketing of the appH-cation for a facflity operating Hcenseunder section 104b of the Act will,whenappropriate, also state that any personwho intervened or sought, by timelywritten notice to the Commission or theAtomic Energy Commission, to intervenein the construction permit proceeding forthe facfltty to obtain a determfnatfon ofantitrust considerations or:to advance ajurisdictional bash for such determina-tion may, within twenty-flve (26) daysafter the date of yubHcation, submit awritten petition for leave to fnterveneand a request for a hearing on the anti-trust aspects of the application.

PART, SO—LICENSINQ OF PRODUCTIONAND UTlLIZATION FACILITIES

2. Paragrayhs 60.30(a), 5030(b), 50.SO(c) (1). and 60.SO(c) (3) are amended toread as follows:

I 50,30 Filing of applications for lt-censcaI oath or affirmation.

(a) Ptace of fflfn(r. Each applicationfor a lfcense, fnduding where ayyroprl-ate a construction permit, or amendmentthereof. and each amendment of suchapplication, and correspondence, reyorts,or other written communications fromthe applicant to the Commtssfon yer-tafnfng to such application, for a nuolearreactor, testing facQity or other utQlsa-tfon facility, should be flled with the Di-rector ot Nuclear Reactor Regulation,U.S. Nuclear Regulatory Commhsfon,Washington. D.C. 20655. Each apylfca-tfon for a ltcense, including where ap-yroprfate a constructfon permit, oramendment thereof, and each amend-ment ot such application, and corre-spondence, reports, or other writt'en com-munications from the applicant to the

Commission yertainlng to such ayplica-tion. for a fuel reprocessing plant orother production fadHty. should be flledwith the Director ot Nudear MaterfalSafety and Safeguards, UJ3. NudearRegulatory Commhsfon, Washington,D.C. 20556. Communications, reyorts,correspondence. and applications may bedeHvered fn person at the Commhsion'soffices at 1717 H Street NW., Washing-ton. D.C. or at 7920 Norfolk Avenue,Bethesda, Maryland.

(b) Oath of agrmatfon. Each apylt-catfon for a Hcense, including when-ever approprfate a.construction permit,or amendment thereof, and eachamendment of such application should beexecuted in three signed originals by theapplicant or duly authorhed officerthereof under oath or atttrmatton.

(c) Number of copter of application.(1) Each fQfng of an apyHcatfon for alicense to construct and oyerate a pro-duction or utQhatton fadlity (fndudingamendments to such appHcatlons) shouldindude three signed originals and thefoHowlng number ot copies:

(I) For an application for a license fora fadlity described in 050.21(b) or6 60.22, or a testing facflity: Fifteen (16)copies of that yortion of .the apylicatfoncontaining the information required by55 60.3S and 60.S7 (general fntormatton)and forty (40) copies of that portion ofthe application containing any of the fn-formatton required by 55 60.34 and60.34a (satety analysh report); an ad-ditional ten (10) copies of the generalfntonnatfon and thirty (SO) coyfce. ofthe safety analysh report or yart thereofshall be retained bv the written fnstruc-ttons of the Director of Nudear ReactorRegulation or Director of Nuclear Ma-terial Bafety and Safeguards, as appro-priate.'The Director'of Nuclear ReactorRegulation or Director of Nuclear Ma-terial Bafety and Safeguards may re-quest addfttonal coyfes of applfcattonsand the safety analysh report wherethe design fs ot a unique nature or forapylicattons submitted Pursuant to 10CFR Part 50, hpyendices M, N, and O.

(fi) For an application for an amend-ment to a Hcense for a fadflty describedfn I 60.21(b) or 5 60.22, or a testing fa-dHty: Nineteen (19) copies of that por-tion of the apylicatfon containing thefnfonnatton required by 4 50,33 (generalfnformatfon) and 40 copies of that por-tion of the application contatning thefnformatfon required by 1560.34 and60.$ 4a (safety analysis report);

(Qf) For an application for a Hcensefor any other fadlity, or an amendmentto a Hcense for such facfHty: Nineteen(19) copies of that portion ot the appH-cation containing the fnformatfon re-quired by !I 50.SS and 60.37 (general in-formation) and that portion of the ap-yHcatton containing the fntonnatfon re-quired by II60.34 and 50.S4a (safetyanalysh report)

'lv)For an appHcatfon for a Hcensefor a production or utflhatton faciHty:Forty-one (41) coyfes of any applicant'senvironmental report required by Part51 of thh chapter.

(3) The copies required by para-graphs (b) and (c) (1) and (2) of thfsseotfon need not be flled untQ that partof the appHcatton has been assigned adocket number or docketed pursuant toI 2.101(a) of this chapter. The followingnumber of copies shall be tiled to enablethe Dfrector of Nudear Reactor Regu-lation or Director of Nudear MaterialSafety and Bafeguards, as approyrfate,to determine whether the application hsufltcfently complete to permit the as-signment of a docket number or docket-ing as appropriate.

0) Fifteen (16) copies of that portionof the appHcation containing any of theinformation required by 5550.34 and60.34a (safety analysh report);

(If) Ten (10) copies of that yortion ofthe ayplicatfon containing the generalinformation required by 5 60.33; and

(Ql) Twenty (20) copies of any envi-ronmental report required by Part 61 ofthis chapter.

PART 51—LICENSINQ AND REGULATORYPOLICY AND PROCEDURES FOR ENVI-RONMENTAL PROTECTION

3. Paragraph 61.20(f) is amended toread as follows:

I 51.20 Applicant'a Environnienlal Rc-,, port—Construction Permit Stage'

(f) Number ot copies. Each applicantfor a permit to construct a production orutfthation facfHty covered by E 51.6(a)shall submit tho number of copies, asspecifled fn 5 51'.40, of the Environmen-tal Report required by 6 51.6(a) .

6 51.21 thmendcd]4. Section 61.21 fs amended by delet

ing the words "shall submit with fts ap-plication two hundred (200) copies ofa separate document" and substftutfngtherefor "shall submit with fts appH-cation the number of copies, as speci-fie fn 5 51.40, of a separate document."

6. Section 61.40 fs amended to read asfollows: ~

tt 51.40 Environmental rcporta.(a) Except as provided fn paragraph

(b) of this sectton, appHcants for yer-mits. Hcenses, and orders, and amend-ments thereto and renewals thereof, cov-ered by 6 61.5(a) shall submit to the Df-rector of Nudear Reactor Regulation orDfrector ot Nudear Material Bafety andSafeguards, as appropriate. 160 copies ofan environmental report which dfscussesthe matters described fn 5 61.20. Petition-ers for rule making covered by 5 61$ (a)shall submit to the Director of StandardsDevelopment flfty'60) copfes of an en-vironmental report which dhcusscs thematters described in 5 61.20.

(b) Applicants for a Hcense to con-struct and operate a production or utQI-xatfon facility (indudlng amendments tosuch apyHcatfons) covered by II 51.6(a)shall submit to the Director of NuclearReactor Regulation or Director of Nu-clear Material Safety and Safeguards, asapproyrfate. fn accordance with E 60.30(c)(l)(lv) of Part 60 of thh chapter.forty-one (41) copies of an environmen-tal report which dhcusses the matters de-

FEDERAL REOISTERt VOL 4T g NOe F4 THURSDAY@ APRIL ISg I976

0RULES AND REGULATIONS

scribed in f 51."0. The LtppiicunL shallretaht an additional 109 coplcs of thcenvironmental report for dtstrlbutlon toFederal. State, and local offlcials ln ac-cordance with written instructions is-sued by the Director of Nuclear ReactorRegulation or Director of Nuclear Ma-terial Safety and Safeguards. as appro-priate.

Effective date. These amendments be-come effective on May 17, 1976.

(Sec. 161 ~ Pub. I. 83-703, 68 Stat. 948 (42U.S.C. 2201) I Secs 201. 301. Pub. Z. 93-438.88 Stat. 1242. 88 Stat. 1248„(42 U.S.C. 5841.5871II.

Dated at Washington, D.C. this 8thday of April 1976.

For the Nuclear Regulatory Commis-sion.

SAMUEL J. CHILK,Sccretarti of the Commtssfon.

(FR Doc.76-10910 PIled 4-14-76:8:45 ami

FEDERAL REGISTER, VOL. 41, NO. 74 THURSDAY. APRIL IS. Iere

>,".,>~( i<,~"f:ip;«v'r~,

li

fV es CI66fegVllelIiona,l G79'3

This sertion of tho FEDERAL REGISTER contolns rogulalory documents having goneral applicability and legal offset most of which arekeyed to snd codified In tho Coda of Federal Regulations,,which Is published under 50 titles pursuant to 44 U.S.C. 1510.

The Codo of Federal Regulations Is sold by tha Superintendent of Documents. prices of new books are listed in tha first FEDERALREGISTER lssuo of each month.

Title 10—EnergyCHAPTER I—NUCLEAR REGULATORY

COMMISSION

CONSTRUCTION PERMIT OROPERATING LICENSE

lnllISITreatment of Application .

Correct tonIn FR Doc. 76-10910 appearing at page

16832 in the FEDERAL REGIsTER of Thule-'ay,April 15, 1976 make the following

corrections:1. On page 15833 in thc second col-

umn, third line from the top the word'safety"should be capitalized in fi 2.101

(a)(3).2. On page 15833, in thc third column,

fourth line from the top thc word "by"should be "of"in II 2.101(a) (5):

3. On page 15834, second column, firstline of II 50.30(b) tile word "of" shouldbe rrorl~

4. On page 15834, second column, thefourteenth line of II50.30(c)(I) shouldread as follows: "shall be retained by theapplicant for distribution in accordancewith the written instruc-".

FEDERAL REGISTER, VOL 41, NO. 79—THURSDAY, APRIL 22, 1976

I