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HomeMy WebLinkAboutDRC-1995-001241 - 0901a06880ef6a0949295Federal Register /Vol. 60, No. 184 /Friday, September 22, 1995 /Notices Ðdigital instrumentation and control ·Severe accident ``closure'' 1:30 p.m.±3:00 p.m.: National Academy of Sciences and Engineering Study on Application of Digital Instrumentation and Control Technology to Nuclear Power Plants (Open)ÐThe Committee will hear presentations by and hold discussions with the Chairman of the NAS Committee, which was formed to study digital I&C issues, regarding the findings and recommendations of NAS contained in its Phase I report. Representatives of the NRC staff will participate, as appropriate. 3:15 p.m.±4:45 p.m.: Shutdown Cooling Bypass Event at Hope Creek Nuclear Plant (Open)ÐThe Committee will hear presentations by and hold discussions with representatives of the NRC staff regarding the findings and recommendations of the Special Inspection Team that evaluated the July 8, 1995 shutdown cooling bypass event at the Hope Creek Nuclear Plant. Representatives of the industry will participate, as appropriate. 5:00 p.m.±6:45 p.m.: Preparation of ACRS Reports (Open)ÐThe Committee will discuss proposed ACRS reports on matters considered during this meeting, as well as proposed ACRS reports on the resolution of Generic Safety Issue 78, ``Monitoring of Fatigue Transient Limits for the Reactor Coolant System,'' and on Fatigue Action Plan proposed by the NRC staff. Friday, October 6, 1995 8:30 a.m.±8:35 a.m.: Opening Remarks by the ACRS Chairman (Open)ÐThe ACRS Chairman will make opening remarks regarding conduct of the meeting. 8:30 a.m.±10:00 a.m.: Foreign Reactor Events Involving Human Factor Issues (Open/Closed)ÐThe Committee will hear representations by and hold discussions with representatives of the NRC staff regarding foreign reactor events involving human factor issues. A portion of this session may be closed to discuss information provided in confidence by a foreign source. 10:15 a.m.±11:45 a.m.: Supplement 5 to Generic Letter 88±20, IPE for External Events for Severe Accident Vulnerabilities (Open)ÐThe Committee will hear presentations by and hold discussions with representatives of the NRC staff regarding Supplement 5 to Generic Letter 88±20. Representatives of the industry will participate, as appropriate. 11:45 a.m.±12:00 Noon: Reconciliation of ACRS Comments and Recommendations (Open)ÐThe Committee will discuss responses expected from the NRC Executive Director for Operations to comments and recommendations included in recent ACRS reports. 1:00 p.m.±1:45 p.m.: Report of the Planning and Procedures Subcommittee (Open/Closed)ÐThe Committee will hear a report of the Planning and Procedures Subcommittee on matters related to the conduct of ACRS business, and organizational and personnel matters relating to the ACRS staff members. A portion of this session may be closed to discuss organizational and personnel matters that relate solely to the internal personnel rules and practices of this Advisory Committee, and matters the release of which would constitute a clearly unwarranted invasion of personal privacy. 1:45 p.m.±2:15 p.m.: Future ACRS Activities (Open)ÐThe Committee will discuss the recommendations of the Planning and Procedures Subcommittee regarding items proposed for consideration by the full Committee during future meetings. 2:15±6:45 p.m.: Preparation of ACRS Reports (Open)ÐThe Committee will continue its discussion of proposed ACRS reports on matters considered during this meeting, including those on the proposed resolution of Generic Safety Issue 78 and on Fatigue Action Plan. Saturday, October 7, 1995 8:30 a.m.±10:00 a.m.: Preparation of ACRS Reports (Open)ÐThe Committee will continue discussion of proposed ACRS reports on matters considered during this meeting, and on other matters noted above. 10:15 a.m.±12:45 p.m.: Strategic Planning (Open)ÐThe Committee will discuss items that are of importance to the NRC, including rebaselining of the Committee activities for FY 96±97. 12:45 p.m.±1:00 p.m.: Miscellaneous (Open)ÐThe Committee will discuss matters considered during this meeting and matters considered but not completed during previous meetings as time and availability of information permit. Procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 5, 1994 (59 FR 50780). In accordance with these procedures, oral or written statements may be presented by members of the public, electronic recordings will be permitted only during the open portions of the meeting, and questions may be asked only by members of the Committee, its consultants, and staff. Persons desiring to make oral statements should notify Mr. Sam Duraiswamy, Chief, Nuclear Reactors Branch, at least five days before the meeting if possible, so that appropriate arrangements can be made to allow the necessary time during the meeting for such statements. Use of still, motion picture, and television cameras during this meeting may be limited to selected portions of the meeting as determined by the Chairman. Information regarding the time to be set aside for this purpose may be obtained by contacting the Chief of the Nuclear Reactors Branch prior to the meeting. In view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with the Chief of the Nuclear Reactors Branch if such rescheduling would result in major inconvenience. In accordance with Subsection 10(d) Pub. L. 92±463, I have determined that it is necessary to close portions of this meeting noted above to discuss matters that related solely to the internal personnel rules and practices of this Advisory Committee per 5 U.S.C. 552b(c)(2), to discuss information provided in confidence by a foreign source per 5 U.S.C. 552b(c)(4), and to discuss matters the release of which would constitute a clearly unwarranted invasion of personal privacy per 5 U.S.C. 552b(c)(6) Further information regarding topics to be discussed, whether the meeting has been cancelled or rescheduled, the Chairman's ruling on requests for the opportunist to present oral statements and the time allotted therefore can be obtained by contacting Mr. Sam Duraiswamy, Chief, Nuclear Reactors Branch (telephone 301±415±7364), between 7:30 a.m. and 4:15 p.m. EDT. ACRS meeting notices, meeting transcripts, and letter reports are now available on FedWorld from the ``NRC MAIN MENU.'' Direct Dial Access number to FedWorld is (800) 303±9672; the local direct dial number is 703±321± 3339. Dated: September 18, 1995. Andrew L. Bates, Advisory Committee Management Officer [FR Doc. 95±23537 Filed 9±21±95; 8:45 am] BILLING CODE 7590–01–M 49296 Federal Register /Vol. 60, No. 184 /Friday, September 22, 1995 /Notices 1``non-11e.(2) byproduct material'' as used here is simply an encompassing term for source, special nuclear, and 11e.(1) byproduct materials. Uranium Mill Facilities, Notice of Two Guidance Documents: Final Revised Guidance on Disposal of Non-Atomic Energy Act of 1954, Section 11e.(2) Byproduct Material in Tailings Impoundments; Final Position and Guidance on the Use of Uranium Mill Feed Materials Other Than Natural Ores AGENCY: Nuclear Regulatory Commission. ACTION: Notice of final guidance. SUMMARY: The U.S. Nuclear Regulatory Commission has finalized two uranium mill licensing guidance documents after consideration of comments received in response to a request for public comment in a Federal Register notice published May 13, 1992 (57 FR 20525). Only minor changes were made to the proposed guidance documents titled, ``Revised Guidance on Disposal of Non- Atomic Energy Act of 1954, Section 11e.(2) Byproduct Material in Tailings Impoundments'' and ``Position and Guidance on the Use of Uranium Mill Feed Materials Other Than Natural Ores.'' ADDRESSES: Copies of the comments and the NRC staff responses, as well as SECY±91±243, can be examined at the Commission's Public Document Room at 2120 L Street NW. (lower level), Washington DC. FOR FURTHER INFORMATION CONTACT: Myron Fliegel, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555; telephone (301) 415±6629. SUPPLEMENTARY INFORMATION: Final Revised Guidance on Disposal of Non-Atomic Energy Act of 1954, Section 11e.(2) Byproduct Material in Tailings Impoundments 1. In reviewing licensee requests for the disposal of wastes that have radiological characteristics comparable to those of Atomic Energy Act (AEA) of 1954, Section 11e.(2) byproduct material (hereafter designated as ``11e.(2) byproduct material'') in tailings impoundments, staff will follow the guidance set forth below. Since mill tailings impoundments are already regulated under 10 CFR part 40, licensing of the receipt and disposal of such material [hereafter designated as ``non-11e.(2) byproduct material1''] should also be done under 10 CFR part 40. 2. Radioactive material not regulated under the AEA shall not be authorized for disposal in an 11e.(2) byproduct material impoundment. 3. Special nuclear material and Section 11e.(1) byproduct material waste should not be considered as candidates for disposal in a tailings impoundment, without compelling reasons to the contrary. If staff believes that such material should be disposed of in a tailings impoundment in a specific instance, a request for approval by the Commission should be prepared. 4. The 11e.(2) licensee must demonstrate that the material is not subject to applicable Resource Conservation and Recovery Act (RCRA) regulations or other U.S. Environmental Protection Agency (EPA) standards for hazardous or toxic wastes prior to disposal. To further ensure that RCRA hazardous waste is not inadvertently disposed of in mill tailings impoundments, the 11e.(2) licensee also must demonstrate, for waste containing source material, as defined under the AEA, that the waste does not also contain material classified as hazardous waste according to 40 CFR part 261. In addition, the licensee must demonstrate that the non-11e.(2) material does not contain material regulated under other Federal statutes, such as the Toxic Substances Control Act. Thus, source material physically mixed with other material, would require evaluation in accordance with 40 CFR part 261, or 40 CFR part 761. (These provisions would cover material such as: Characteristically hazardous waste; listed hazardous waste; and polychlorinated biphenyls.) The demonstration and testing should follow accepted EPA regulations and protocols. 5. The 11e.(2) licensee must demonstrate that there are no Comprehensive Environmental Response, Compensation and Liability Act issues related to the disposal of the non-11e.(2) byproduct material. 6. The 11e.(2) licensee must demonstrate that there will be no significant environmental impact from disposing of this material. 7. The 11e.(2) licensee must demonstrate that the proposed disposal will not compromise the reclamation of the tailings impoundment by demonstrating compliance with the reclamation and closure criteria of appendix A of 10 CFR part 40. 8. The 11e.(2) licensee must provide documentation showing approval by the Regional Low-Level Waste Compact in whose jurisdiction the waste originates as well as approval by the Compact in whose jurisdiction the disposal site is located. 9. The Department of Energy (DOE) and the State in which the tailings impoundment is located, should be informed of the Nuclear Regulatory Commission findings and proposed action, with a request to concur within 120 days. A concurrence and commitment from either DOE or the State to take title to the tailings impoundment after closure must be received before granting the license amendment to the 11e.(2) licensee. 10. The mechanism to authorize the disposal of non-11e.(2) byproduct material in a tailings impoundment is an amendment to the mill license under 10 CFR part 40, authorizing the receipt of the material and its disposal. Additionally, an exemption to the requirements of 10 CFR part 61, under the authority of §61.6, must be granted. (If the tailings impoundment is located in an Agreement State with low-level waste licensing authority, the State must take appropriate action to exempt the non-11e.(2) byproduct material from regulation as low-level waste.) The license amendment and the §61.6 exemption should be supported with a staff analysis addressing the issues discussed in this guidance. Final Position and Guidance on the Use of Uranium Mill Feed Material Other Than Natural Ores Staff reviewing licensee requests to process alternate feed material (material other than natural ore) in uranium mills should follow the guidance presented below. Besides reviewing to determine compliance with appropriate aspects of appendix A of 10 CFR part 40, the staff should also address the following issues: 1. Determination of Whether the Feed Material is Ore For the tailings and wastes from the proposed processing to qualify as 11e.(2) byproduct material, the feed material must qualify as ``ore.'' In determining whether the feed material is ore, the following definition of ore must be used: Ore is a natural or native matter that may be mined and treated for the extraction of any of its constituents or any other matter from which source material is extracted in a licensed uranium or thorium mill. 2. Determination of Whether the Feed Material Contains Hazardous Waste If the proposed feed material contains hazardous waste, listed under subpart D §§261.30±33 of 40 CFR (or comparable RCRA authorized State regulations), it would be subject to EPA (or State) regulation under RCRA. To avoid the 49297Federal Register /Vol. 60, No. 184 /Friday, September 22, 1995 /Notices complexities of NRC/EPA dual regulation, such feed material will not be approved for processing at a licensed mill. If the licensee can show that the proposed feed material does not contain a listed hazardous waste, this issue is resolved. Feed material exhibiting only a characteristic of hazardous waste (ignitable, corrosive, reactive, toxic) would not be regulated as hazardous waste and could therefore be approved for recycling and extraction of source material. However, this does not apply to residues from water treatment, so acceptance of such residues as feed material will depend on their not containing any hazardous or characteristic hazardous waste. Staff may consult with EPA (or the State) before making a determination of whether the feed material contains hazardous waste. 3. Determination of Whether the Ore is Being Processed Primarily for its Source- Material Content For the tailings and waste from the proposed processing to qualify as 11e.(2) byproduct material, the ore must be processed primarily for its source- material content. There is concern that wastes that would have to be disposed of as radioactive or mixed waste would be proposed for processing at a uranium mill primarily to be able to dispose of it in the tailings pile as 11e.(2) byproduct material. In determining whether the proposed processing is primarily for the source-material content or for the disposal of waste, either of the following tests can be used: a. Co-disposal test: Determine if the feed material would be approved for disposal in the tailings impoundment under the ``Final Revised Guidance on Disposal of Non-Atomic Energy Act of 1954, Section 11e.(2) Byproduct Material in Tailings Impoundments,'' or revisions or replacements to that guidance. If the material would be approved for disposal, it can be concluded that if a mill operator proposes to process it, the processing is primarily for the source-material content. The material would have to be physically and chemically similar to 11e.(2) byproduct material and not be subject to RCRA or other EPA hazardous-waste regulations, as discussed in the guidance. b. Licensee certification and justification test: The licensee must certify under oath or affirmation that the feed material is to be processed primarily for the recovery of uranium and for no other primary purpose. The licensee must also justify, with reasonable documentation, the certification. The justification can be based on financial considerations, the high uranium content of the feed material, or other grounds. The determination that the proposed processing is primarily for the source material content must be made on a case-specific basis. If it can be determined, using the aforementioned guidance, that the proposed feed material meets the definition of ore, that it will not introduce a hazardous waste not otherwise exempted, and that the primary purpose of its processing is for its source-material content, the request can be approved. Dated at Rockville, Maryland, this 13th day of September 1995. For the Nuclear Regulatory Commission. Joseph J. Holonich, Chief, High-Level Waste and Uranium Recovery Projects Branch, Division of Waste Management, Office of Nuclear Material Safety and Safeguards. [FR Doc. 95±23531 Filed 9±21±95; 8:45 am] BILLING CODE 7590–01–P SECURITIES AND EXCHANGE COMMISSION [Rel. No. IC–21362; No. 812–9602] Golden American Life Insurance Company, et al. September 15, 1995. AGENCY: Securities and Exchange Commission (``SEC'' or ``Commission''). ACTION: Notice of Application for an Order under the Investment Company Act of 1940 (``1940 Act''). APPLICANTS: Golden American Life Insurance Company (``Golden American''), Separate Account B (``Account B'') and Separate Account D (``Account D''Ðtogether with Account B, ``Separate Accounts''), and Directed Services, Inc. (``DSI''). RELEVANT 1940 ACT SECTION: Order requested under Section 6(c) of the 1940 Act granting exemptions from Sections 12(b), 26(a)(2) and 27(c)(2) thereof and Rule 12b±1 thereunder. SUMMARY OF APPLICATION: Applicants seek an order permitting the deduction of mortality and expense risk charges, including an asset-based enhanced death benefit charge, from the assets of the Separate Accounts in connection with the offering of certain variable annuity contracts (``Contracts'') and certain other variable annuity contracts (``Future Contracts'') issued in the future by Golden American that are materially similar to the Contracts. Applicants also request that the order permit the deduction of a mortality and expense risk charge from the assets of any other separate accounts (``Future Accounts'') established in the future by Golden American in connection with the offering of the Future Contracts. FILING DATE: The application was filed on May 11, 1995, and amended on August 29, 1995. HEARING OR NOTIFICATION OF HEARING: An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Secretary of the Commission and serving Applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on October 10, 1995, and should be accompanied by proof of service on Applicants in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the requestor's interest, the reason for the request, and the issues contested. Persons may request notification of a hearing by writing to the Secretary of the Commission. ADDRESSES: Secretary, Securities and Exchange Commission, 450 5th Street, NW., Washington, DC 20549. Applicants, c/o Mitchell M. Cox, Esq., Vice President, Assistant Secretary and Associate General Counsel, Golden American Life Insurance Company, 1001 Jefferson Avenue, 4th Floor, Wilmington, Delaware 19801. FOR FURTHER INFORMATION CONTACT: Yvonne M. Hunold, Assistant Special Counsel, or Patrice M. Pitts, Special Counsel, Office of Insurance Products (Division of Investment Management), at (202) 942±0670. SUPPLEMENTARY INFORMATION: The following is a summary of the application; the complete application is available for a fee from the Public Reference Branch of the Commission. Applicants' Representation 1. Golden American is a stock life insurance company authorized to do business in all jurisdictions, except New York. Golden American is a wholly- owned subsidiary of BT Variable, Inc. and a wholly-owned indirect subsidiary of Bankers Trust Company. 2. The Separate Accounts were established by Golden American as segregated asset accounts to fund variable annuity contracts. Account B is registered under the 1940 Act as a unit investment trust. Account D is registered under the 1940 Act as a non- diversified open-end management company. Registration statements on Form N±4 and Form N±3, registering the Contracts as securities under the