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)

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


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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.

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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