Notice of Inquiry on Preparation of Report to Congress on the Price-Anderson Act
| Published date | 16 August 2021 |
| Citation | 86 FR 45714 |
| Record Number | 2021-17440 |
| Section | Notices |
| Court | Energy Department |
Federal Register, Volume 86 Issue 155 (Monday, August 16, 2021)
[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Notices]
[Pages 45714-45715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17440]
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DEPARTMENT OF ENERGY
Notice of Inquiry on Preparation of Report to Congress on the
Price-Anderson Act
AGENCY: Office of General Counsel, DOE.
ACTION: Extension of public comment period.
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SUMMARY: On July 26, 2021, the Department of Energy (the ``Department''
or ``DOE'') published in the Federal Register a notice of inquiry
(``NOI'') and request for comment from the public concerning the need
for continuation or modification of the provisions of the Price-
Anderson Act (``PAA'') as administered by DOE. The PAA establishes a
system of financial protection that encourages the safe and secure
operation of nuclear power and other nuclear activities and assures
equitable compensation of victims in the event of a nuclear incident.
Comments from the public will assist the Department in the preparation
of its report on the PAA to be submitted to Congress, as required by
the Atomic Energy Act of 1954 (AEA), as amended. The NOI provided an
August 25, 2021, deadline for comments. This notice announces a 60-day
extension of the comment period to October 25, 2021.
DATES: The comment period for the NOI published on July 26, 2021 (86 FR
40032) is extended. DOE will accept written comments regarding the NOI
submitted no later than October 25, 2021.
ADDRESSES: You may submit comments to: [email protected].
Although DOE has routinely accepted public comment submissions through
a variety of mechanisms, including postal mail and hand delivery/
courier, the Department has found it necessary to make temporary
modifications to the comment submission process in light of the ongoing
Covid-19 pandemic. DOE is currently suspending receipt of public
comments via postal mail and hand delivery/courier. If a commenter
finds that this change poses undue hardship, please contact the Office
of the General Counsel staff at (202) 586-2177 to discuss the need for
alternative arrangements. Once the Covid-19 pandemic health emergency
is resolved, DOE anticipates resuming all of its regular options for
public comment submission, including postal mail and hand delivery/
courier.
FOR FURTHER INFORMATION CONTACT: Stewart Forbes, Office of the
Assistant General Counsel for Civilian Nuclear Programs, U.S.
Department of Energy, Room 6A-167, 1000 Independence Ave SW,
Washington, DC 20585; Email: [email protected]; and Phone:
(202) 586-2177.
SUPPLEMENTARY INFORMATION: The PAA was enacted in 1957 as an amendment
to the AEA to encourage the development of nuclear power and nuclear
activities by establishing a system of financial protection for persons
who may be liable for and persons who may be injured by a nuclear
incident.\1\ Since enactment, the PAA has been amended several times,
most recently in 2005 as part of the Energy Policy Act of 2005 (Title
VI, Subtitle A).\2\ The recent amendments extended the authority of DOE
to grant the DOE Price-Anderson indemnification until December 31, 2025
\3\ and amended section 170p. of the AEA \4\ to mandate, as it had done
with a prior extension, that DOE submit a report to Congress by
December 31, 2021 (``2021 Report'') on whether
[[Page 45715]]
provisions of the PAA should be continued, modified, or eliminated. DOE
issued a prior report to Congress pursuant to section 170p. in 1998 \5\
(``1998 Report'') recommending renewal of the PAA, which was developed
and informed by a public comment process.
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\1\ Price-Anderson Act, Public Law 85-256, 71 Stat. 576
(amending Atomic Energy Act of 1954, Pub. L. 83-703, codified as
amended at 42 U.S.C. 2011 et. seq.). The pertinent sections of the
PAA amended AEA Sec. 11 and created AEA Sec. 170, which are
codified respectively at 42 U.S.C. 2014 and 2210.
\2\ Price-Anderson Amendments Act of 2005, Public Law 109-58,
tit. VI, 119 Stat. 779 (amending Atomic Energy Act Sec. 170,
codified as amended at 42 U.S.C. 2210 et. seq.).
\3\ Id. at tit. VI, Sec. 602(b) (amending Atomic Energy Act
Sec. 170d.(1)(A), codified as amended at 42 U.S.C. 2210(d)(1)(A)).
\4\ Id. at tit. VI, Sec. 606 (amending Atomic Energy Act Sec.
170p., codified as amended at 42 U.S.C. 2210(p)).
\5\ U.S. Dep't of Energy, Report to Congress on the Price-
Anderson Act (1998), https://www.energy.gov/sites/prod/files/gcprod/documents/paa-rep.pdf (to be referenced as ``1998 Report'').
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On July 26, 2021, DOE published a NOI in the Federal Register (86
FR 40032) requesting public comment to assist with its preparation of a
report to Congress on the need for continuation or modification of the
provisions of the PAA as administered by DOE. In the NOI, DOE provided
an update on significant changes in law or circumstances since the 1998
Report, included a non-exhaustive list of questions and topics to be
considered by commenters, and requested public comment to assist with
preparation of the 2021 Report. The NOI requested public comment from
interested persons to be submitted by August 25, 2021.
On July 29, 2021, DOE received comments from the Nuclear Energy
Institute (``NEI'') expressing appreciation for the opportunity for
public participation in the development of the 2021 Report while
requesting additional time, a 30-day extension, to provide comments.
NEI stated the additional time is necessary to collect views and
comments from its members on the future of the PAA and to enable those
comments to reflect meaningful and substantive responses to the
specific enumerated questions and topics posed by DOE in the NOI. NEI
also noted that granting the additional time is consistent with the
extensions in the public comment deadlines provided by DOE in
connection with the 1998 Report, resulting in a public comment period
equal to 56 calendar days.
DOE also received comments and a request for a 60-day extension on
August 6, 2021, from the Natural Resources Defense Council (``NRDC''),
on behalf of the combined membership of NRDC, Nuclear Information and
Resources Service, Beyond Nuclear, and Savannah River Site Watch. NRDC
stated that given the significance of the PAA to the framework of the
nuclear industry and the range of economic, technical, policy and legal
considerations raised in the NOI, an extension of the public period is
warranted to provide its members and other stakeholders sufficient time
to consider, deliberate and formulate comments in response to the NOI.
NRDC particularly noted the need for a meaningful review period in
order to evaluate and address impacts of the PAA in regard to the vital
topic of environmental justice, equity, and inclusion, and the evolving
and developing technologies in the nuclear industry, such as small
modular reactors and potential as-yet unused nuclear fuels.
DOE has determined that extension of the comment period is
appropriate based on the foregoing reasons and is hereby extending the
comment period to October 25, 2021. Given the importance of proceeding
in a timely manner toward development of the 2021 Report that is due to
Congress by December 31, 2021, DOE does not intend to grant any further
extensions. Accordingly, DOE will consider any comments received by
October 25, 2021.
Signing Authority
This document of the Department of Energy was signed on August 10,
2021, by John T. Lucas, Acting General Counsel, Office of the General
Counsel, pursuant to delegated authority from the Secretary of Energy.
That document with the original signature and date is maintained by
DOE. For administrative purposes only, and in compliance with
requirements of the Office of the Federal Register, the undersigned DOE
Federal Register Liaison Officer has been authorized to sign and submit
the document in electronic format for publication, as an official
document of the Department of Energy. This administrative process in no
way alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC on August 11, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-17440 Filed 8-13-21; 8:45 am]
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