80 FR 12352 - Convention on Supplementary Compensation for Nuclear Damage Contingent Cost Allocation

DEPARTMENT OF ENERGY

Federal Register Volume 80, Issue 45 (March 9, 2015)

Page Range		12352-12353
FR Document		2015-05405

The U.S. Department of Energy (DOE) has published a notice of proposed rulemaking (NOPR), which proposes regulations under section 934 of the Energy Independence and Security Act of 2007 (EISA). The proposed regulations would establish a retrospective risk pooling program whereby nuclear suppliers would pay for any contribution made by the United States government to an international supplementary fund created under the Convention for Supplementary Compensation for Nuclear Damage (CSC) in the event of certain nuclear incidents not covered by the Price-Anderson Act. The NOPR provided a deadline of March 17, 2015 for comments. In response to requests for an extension, this document announces an extension of the comment period to April 17, 2015. This document also requests comment by April 17, 2015 on specific questions to inform a process for DOE to obtain additional data and information.

Federal Register, Volume 80 Issue 45 (Monday, March 9, 2015)

[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Proposed Rules]
[Pages 12352-12353]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05405]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Proposed 
Rules

[[Page 12352]]



DEPARTMENT OF ENERGY

10 CFR Part 951

[Docket Number DOE-HQ-2014-0021]
RIN 1990-AA39


Convention on Supplementary Compensation for Nuclear Damage 
Contingent Cost Allocation

AGENCY: Office of the General Counsel, Department of Energy.

ACTION: Extension of public comment period.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) has published a notice of 
proposed rulemaking (NOPR), which proposes regulations under section 
934 of the Energy Independence and Security Act of 2007 (EISA). The 
proposed regulations would establish a retrospective risk pooling 
program whereby nuclear suppliers would pay for any contribution made 
by the United States government to an international supplementary fund 
created under the Convention for Supplementary Compensation for Nuclear 
Damage (CSC) in the event of certain nuclear incidents not covered by 
the Price-Anderson Act. The NOPR provided a deadline of March 17, 2015 
for comments. In response to requests for an extension, this document 
announces an extension of the comment period to April 17, 2015. This 
document also requests comment by April 17, 2015 on specific questions 
to inform a process for DOE to obtain additional data and information.

DATES: DOE will accept comments and information regarding the NOPR and 
development of regulations under section 934 published on December 17, 
2014 (79 FR 75076), and the specific questions identified in this 
document no later than April 17, 2015. DOE will consider any comments 
received by midnight of April 17, 2015, and deems any comments received 
by that time to be timely submitted.

ADDRESSES: Interested persons may submit comments identified by RIN 
1990-AA39 by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include Section 
934 in the subject line of the message.
     Mail: Ms. Sophia Angelini, U.S. Department of Energy, 
Office of General Counsel, Mailstop GC-72, 1000 Independence Avenue 
SW., Washington, DC 20585. Please submit one signed original and three 
copies of all comments.
     Instructions: All submissions received must include the 
agency name, docket number [DOE-HQ-2014-0021], and the RIN for this 
rulemaking. Note that all comments received will be posted, without 
change, including personal information.
     Docket: For access to the docket to read background 
documents or comments received, go to the Federal eRulemaking Portal at 
http://www.regulations.gov, or the Web site specifically established 
for this proceeding at http://www.energy.gov/gc/convention-supplementary-compensation-rulemaking.

FOR FURTHER INFORMATION CONTACT: Sophia Angelini, Attorney-Advisor, 
Office of the General Counsel for Civilian Nuclear Programs, GC-72, 
U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 
20585; telephone: (202) 586-0319.

SUPPLEMENTARY INFORMATION: On December 17, 2014, DOE published a NOPR 
in the Federal Register (79 FR 75076) in which it proposed regulations 
under section 934 of EISA to establish a retrospective risk pooling 
program whereby, in the event of certain nuclear incidents, nuclear 
suppliers would pay for any contribution by the United States 
government to the international supplementary fund created by the CSC. 
The NOPR provided that written public comments were to be received by 
DOE no later than March 17, 2015. By letter dated January 28, 2015, DOE 
received a request from the Nuclear Energy Institute (NEI) for an 
extension of the public comment period to May 19, 2015, stating that 
the complexity of the NOPR requires extensive analysis on a number of 
issues such as the proposed reporting requirements, the potential 
impact of the two alternative methods of calculating the risk premium 
payment to a particular nuclear supplier and the nuclear industry as a 
whole, and clarification of key terms in the proposed rule.
    On February 20, 2015, DOE held a public workshop on the proposed 
rulemaking (80 FR 4227). In advance of the public workshop, DOE 
solicited from the public questions or suggestions for topics to be 
addressed at the workshop in order to structure the discussion and 
enhance participation (80 FR 4228). DOE received extensive questions 
and topic suggestions from the Contractors International Group on 
Nuclear Liability (CIGNL) and NEI. The day-long workshop was attended 
by representatives of various nuclear industry organizations and other 
entities. The participants at the workshop raised a number of questions 
and expressed concerns regarding, among other things, the level of 
information and data available to DOE on the cost and burden of 
reporting requirements under the proposed rule, the nature and quantity 
of nuclear exports and the nuclear suppliers that export, and the 
allocation of risk and premium payments across and among nuclear 
suppliers. Thereafter, DOE received written requests from other 
participants at the public workshop echoing the NEI request for an 
extension of time for public comment given the complexity of the issues 
raised in the proposed rule and further described at the public 
meeting. All these entities requested an extension of the comment 
period to May 19, 2015, to allow sufficient time to review the proposed 
rule and formulate comments to the extent possible given available 
information.
    DOE has considered the written extension requests noted above, 
along with the comments and information provided prior to and at the 
public meeting, and determined that the comment period on the NOPR 
should be extended to April 17, 2015, which provides, in total, a 120 
day comment period.
    DOE is especially interested in potential modifications to the 
proposals set forth in the NOPR, in light of the issues discussed at 
the workshop. These issues include: (1) The extent, if any, to which 
transactions prior to the effective date of the rule should be 
considered in the allocation formula; (2) the

[[Page 12353]]

justification for capping the allocation assigned to a single entity; 
(3) the possibility of different caps for different types of suppliers; 
(4) the criteria for classifying a supplier as a small entity exempt 
from the allocation formula; (5) goods and services that pose no or de 
minimis risk of triggering the international supplementary fund; (6) 
alternative methodologies for evaluating risk, including examples of 
existing risk allocation mechanisms in the nuclear industry; and (7) 
potential modification to simplify, minimize and/or clarify the burden 
on industry.
    In addition, DOE intends to conduct additional data and information 
gathering in response to and in consideration of statements in the 
written comments and at the public workshop. These statements suggest 
certain additional information should be obtained by DOE and is 
necessary for the public to comment on the NOPR. In response to these 
statements, DOE is requesting any entity that believes additional 
information is needed to provide detailed comments as to the specific 
information it believes is needed.
    DOE is enumerating several general questions to assist DOE in its 
additional data gathering effort. The general questions for which DOE 
seeks comment are: (1) What data and information should be gathered on 
U.S. nuclear suppliers and their exports (for example, what entity 
should be considered the exporter (especially in situations where a 
supplier employs an entity to facilitate the export), should quantity, 
value and/or another factor be used to measure exports, and what time 
period should be used); (2) what data and information should be 
gathered on nuclear suppliers to inform reporting requirements (for 
example, what are the recordkeeping methods employed in the nuclear 
industry and what is currently reported to other government agencies); 
and (3) what data and information should be gathered on the allocation 
of risk across and among nuclear suppliers and nuclear supplier groups. 
Comments concerning additional information to be gathered will 
facilitate DOE's effort to obtain additional data and information to 
inform the proposed rulemaking and should be provided to DOE by April 
17, 2015. DOE intends to make the additional data and information it 
obtains available for public review and comment, the date and timing of 
which will be announced in a subsequent Federal Register notice.
    DOE will consider any comments received by midnight of April 17, 
2015, and deems any comments received by that time to be timely 
submitted. To the extent commenters provide confidential business 
information, pursuant to 10 CFR 1004.11, any person submitting 
information he or she believes to be confidential and exempt by law 
from public disclosure should submit via email, postal mail, or hand 
delivery/courier two well-marked copies: One copy of the document 
marked ``confidential'' including all the information believed to be 
confidential, and one copy of the document marked ``non-confidential'' 
with the information believed to be confidential deleted. Submit these 
documents via email or on a CD, if feasible. DOE will make its own 
determination about the confidential status of the information and 
treat it according to its determination. Factors of interest to DOE 
when evaluating requests to treat submitted information as confidential 
include: (1) A description of the items; (2) whether and why such items 
are customarily treated as confidential within the industry; (3) 
whether the information is generally known by or available from other 
sources; (4) whether the information has previously been made available 
to others without obligation concerning its confidentiality; (5) an 
explanation of the competitive injury to the submitting person which 
would result from public disclosure; (6) when such information might 
lose its confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.

    Issued in Washington, DC, on March 4, 2015.
Samuel T. Walsh,
Deputy General Counsel for Energy Policy.
[FR Doc. 2015-05405 Filed 3-6-15; 8:45 am]
 BILLING CODE 6450-01-P

12352

Proposed Rules Federal Register
Vol. 80, No. 45

Monday, March 9, 2015

This section of the FEDERAL REGISTER 1990–AA39 by any of the following calculating the risk premium payment
contains notices to the public of the proposed methods: to a particular nuclear supplier and the
issuance of rules and regulations. The • Federal eRulemaking Portal: http:// nuclear industry as a whole, and
purpose of these notices is to give interested www.regulations.gov. Follow the clarification of key terms in the
persons an opportunity to participate in the instructions for submitting comments. proposed rule.
rule making prior to the adoption of the final • Email: Section934Rulemaking@
rules.
On February 20, 2015, DOE held a
Hq.Doe.gov. Include Section 934 in the public workshop on the proposed
subject line of the message. rulemaking (80 FR 4227). In advance of
DEPARTMENT OF ENERGY • Mail: Ms. Sophia Angelini, U.S. the public workshop, DOE solicited
Department of Energy, Office of General from the public questions or suggestions
10 CFR Part 951 Counsel, Mailstop GC–72, 1000 for topics to be addressed at the
Independence Avenue SW., workshop in order to structure the
[Docket Number DOE–HQ–2014–0021] Washington, DC 20585. Please submit discussion and enhance participation
RIN 1990–AA39 one signed original and three copies of (80 FR 4228). DOE received extensive
all comments. questions and topic suggestions from
Convention on Supplementary • Instructions: All submissions the Contractors International Group on
Compensation for Nuclear Damage received must include the agency name, Nuclear Liability (CIGNL) and NEI. The
Contingent Cost Allocation docket number [DOE–HQ–2014–0021], day-long workshop was attended by
AGENCY: Office of the General Counsel, and the RIN for this rulemaking. Note representatives of various nuclear
Department of Energy. that all comments received will be industry organizations and other
posted, without change, including entities. The participants at the
ACTION: Extension of public comment
personal information. workshop raised a number of questions
period.
• Docket: For access to the docket to and expressed concerns regarding,
SUMMARY: The U.S. Department of read background documents or among other things, the level of
Energy (DOE) has published a notice of comments received, go to the Federal information and data available to DOE
proposed rulemaking (NOPR), which eRulemaking Portal at http:// on the cost and burden of reporting
proposes regulations under section 934 www.regulations.gov, or the Web site requirements under the proposed rule,
of the Energy Independence and specifically established for this the nature and quantity of nuclear
Security Act of 2007 (EISA). The proceeding at http://www.energy.gov/gc/ exports and the nuclear suppliers that
proposed regulations would establish a convention-supplementary- export, and the allocation of risk and
retrospective risk pooling program compensation-rulemaking. premium payments across and among
whereby nuclear suppliers would pay FOR FURTHER INFORMATION CONTACT: nuclear suppliers. Thereafter, DOE
for any contribution made by the United Sophia Angelini, Attorney-Advisor, received written requests from other
States government to an international Office of the General Counsel for participants at the public workshop
supplementary fund created under the Civilian Nuclear Programs, GC–72, U.S. echoing the NEI request for an extension
Convention for Supplementary Department of Energy, 1000 of time for public comment given the
Compensation for Nuclear Damage Independence Avenue SW., complexity of the issues raised in the
(CSC) in the event of certain nuclear Washington, DC 20585; telephone: (202) proposed rule and further described at
incidents not covered by the Price- 586–0319. the public meeting. All these entities
Anderson Act. The NOPR provided a SUPPLEMENTARY INFORMATION: On requested an extension of the comment
deadline of March 17, 2015 for December 17, 2014, DOE published a period to May 19, 2015, to allow
comments. In response to requests for NOPR in the Federal Register (79 FR sufficient time to review the proposed
an extension, this document announces 75076) in which it proposed regulations rule and formulate comments to the
an extension of the comment period to under section 934 of EISA to establish extent possible given available
April 17, 2015. This document also a retrospective risk pooling program information.
requests comment by April 17, 2015 on whereby, in the event of certain nuclear DOE has considered the written
specific questions to inform a process incidents, nuclear suppliers would pay extension requests noted above, along
for DOE to obtain additional data and for any contribution by the United with the comments and information
information. States government to the international provided prior to and at the public
DATES: DOE will accept comments and supplementary fund created by the CSC. meeting, and determined that the
information regarding the NOPR and The NOPR provided that written public comment period on the NOPR should be
development of regulations under comments were to be received by DOE extended to April 17, 2015, which
section 934 published on December 17, no later than March 17, 2015. By letter provides, in total, a 120 day comment
2014 (79 FR 75076), and the specific dated January 28, 2015, DOE received a period.
questions identified in this document
tkelley on DSK3SPTVN1PROD with PROPOSALS

request from the Nuclear Energy DOE is especially interested in
no later than April 17, 2015. DOE will Institute (NEI) for an extension of the potential modifications to the proposals
consider any comments received by public comment period to May 19, 2015, set forth in the NOPR, in light of the
midnight of April 17, 2015, and deems stating that the complexity of the NOPR issues discussed at the workshop. These
any comments received by that time to requires extensive analysis on a number issues include: (1) The extent, if any, to
be timely submitted. of issues such as the proposed reporting which transactions prior to the effective
ADDRESSES: Interested persons may requirements, the potential impact of date of the rule should be considered in
submit comments identified by RIN the two alternative methods of the allocation formula; (2) the

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Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Proposed Rules 12353

justification for capping the allocation extent commenters provide confidential that rule SBA proposed to implement
assigned to a single entity; (3) the business information, pursuant to 10 provisions of the National Defense
possibility of different caps for different CFR 1004.11, any person submitting Authorization Act of 2013, which
types of suppliers; (4) the criteria for information he or she believes to be pertain to performance requirements
classifying a supplier as a small entity confidential and exempt by law from applicable to small business and
exempt from the allocation formula; (5) public disclosure should submit via socioeconomic program set aside
goods and services that pose no or de email, postal mail, or hand delivery/ contracts and small business
minimis risk of triggering the courier two well-marked copies: One subcontracting. SBA also proposed to
international supplementary fund; (6) copy of the document marked make changes to its regulations
alternative methodologies for evaluating ‘‘confidential’’ including all the concerning the nonmanufacturer rule
risk, including examples of existing risk information believed to be confidential, and affiliation rules. Further, SBA
allocation mechanisms in the nuclear and one copy of the document marked proposed to allow a joint venture to
industry; and (7) potential modification ‘‘non-confidential’’ with the information qualify as small for any government
to simplify, minimize and/or clarify the believed to be confidential deleted. procurement as long as each partner to
burden on industry. Submit these documents via email or on the joint venture qualifies individually
In addition, DOE intends to conduct a CD, if feasible. DOE will make its own as small under the size standard
additional data and information determination about the confidential corresponding to the NAICS code
gathering in response to and in status of the information and treat it assigned in the solicitation. Finally,
consideration of statements in the according to its determination. Factors SBA requested comments on the
written comments and at the public of interest to DOE when evaluating timeline and procedures for North
workshop. These statements suggest requests to treat submitted information American Industry Classification
certain additional information should be as confidential include: (1) A System code appeals. The comment
obtained by DOE and is necessary for description of the items; (2) whether period closed on February 27, 2015.
the public to comment on the NOPR. In and why such items are customarily SBA is reopening the comment period
response to these statements, DOE is treated as confidential within the in response to the significant level of
requesting any entity that believes industry; (3) whether the information is interest generated by the proposed rule
additional information is needed to generally known by or available from and due to the request of multiple
provide detailed comments as to the other sources; (4) whether the stakeholders. Given the scope of the
specific information it believes is information has previously been made proposed rule and the nature of the
needed. available to others without obligation issues raised by the comments received
DOE is enumerating several general concerning its confidentiality; (5) an to date, SBA believes that affected
questions to assist DOE in its additional explanation of the competitive injury to businesses need more time to review the
data gathering effort. The general the submitting person which would proposal and fully prepare their
questions for which DOE seeks result from public disclosure; (6) when comments.
comment are: (1) What data and such information might lose its
information should be gathered on U.S. DATES: The comment period for the
confidential character due to the proposed rule published on December
nuclear suppliers and their exports (for passage of time; and (7) why disclosure
example, what entity should be 29, 2014 (79 FR 77955) is extended
of the information would be contrary to through April 6, 2015.
considered the exporter (especially in the public interest.
situations where a supplier employs an ADDRESSES: You may submit comments,
entity to facilitate the export), should Issued in Washington, DC, on March 4, identified by Docket Number: SBA–
quantity, value and/or another factor be 2015. 2014–0006, by any of the following
used to measure exports, and what time Samuel T. Walsh, methods:
period should be used); (2) what data Deputy General Counsel for Energy Policy. • Federal eRulemaking Portal: http://
and information should be gathered on [FR Doc. 2015–05405 Filed 3–6–15; 8:45 am] www.regulations.gov. Follow the
nuclear suppliers to inform reporting BILLING CODE 6450–01–P instructions for submitting comments.
requirements (for example, what are the • For mail, paper, disk, or CD/ROM
recordkeeping methods employed in the submissions: Brenda Fernandez, U.S.
nuclear industry and what is currently SMALL BUSINESS ADMINISTRATION Small Business Administration, Office
reported to other government agencies); of Policy, Planning and Liaison, 409
and (3) what data and information 13 CFR Parts 121, 124, 125, 126 and Third Street SW., 8th Floor,
should be gathered on the allocation of 127 Washington, DC 20416.
risk across and among nuclear suppliers • Hand Delivery/Courier: Brenda
[Docket No. SBA–2014–0006]
and nuclear supplier groups. Comments Fernandez, U.S. Small Business
concerning additional information to be RIN 3245–AG58 Administration, Office of Policy,
gathered will facilitate DOE’s effort to Planning and Liaison, 409 Third Street
obtain additional data and information Small Business Government SW., 8th Floor, Washington, DC 20416.
to inform the proposed rulemaking and Contracting and National Defense SBA will post all comments on
should be provided to DOE by April 17, Authorization Act of 2013 Amendments www.regulations.gov. If you wish to
2015. DOE intends to make the AGENCY: U.S. Small Business submit confidential business
additional data and information it Administration. information (CBI) as defined in the User
tkelley on DSK3SPTVN1PROD with PROPOSALS

obtains available for public review and ACTION: Proposed rule; reopening of Notice at www.regulations.gov, please
comment, the date and timing of which comment period. submit the information to Brenda
will be announced in a subsequent Fernandez, U.S. Small Business
Federal Register notice. SUMMARY: The U.S. Small Business Administration, Office of Policy,
DOE will consider any comments Administration (SBA) is reopening the Planning and Liaison, 409 Third Street
received by midnight of April 17, 2015, comment period for the proposed rule SW., 8th Floor, Washington, DC 20416,
and deems any comments received by published in the Federal Register on or send an email to brenda.fernandez@
that time to be timely submitted. To the December 29, 2014 at 79 FR 77955. In sba.gov. Highlight the information that

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Document Created: 2015-12-18 12:05:42
Document Modified: 2015-12-18 12:05:42

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Extension of public comment period.
Dates		DOE will accept comments and information regarding the NOPR and development of regulations under section 934 published on December 17, 2014 (79 FR 75076), and the specific questions identified in this document no later than April 17, 2015. DOE will consider any comments received by midnight of April 17, 2015, and deems any comments received by that time to be timely submitted.
Contact		Sophia Angelini, Attorney-Advisor, Office of the General Counsel for Civilian Nuclear Programs, GC-72, U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585; telephone: (202) 586-0319.
FR Citation		80 FR 12352
RIN Number		1990-AA39