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