PRINTER FRIENDLY VERSION

PART 766--URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND; 
PROCEDURES FOR SPECIAL ASSESSMENT OF DOMESTIC UTILITIES
Note: These regulations may be cited as 10 CFR Part 766. That is, there are codified in Title (Volume) 10 of the Code of Federal Regulations at Part 766.

Subpart A--General

Sec.
766.1 Purpose
766.2 Applicability
766.3 Definitions

Subpart B--Procedures for Special Assessment

766.100 Scope
766.101 Data utilization
766.102 Calculation methodology
766.103 Special Assessment invoices
766.104 Reconciliation, adjustments and appeals
766.105 Payment procedures
766.106 Late payment fees
766.107 Prepayment of future special assessments

Authority: 42 U.S.C. ss2201, 2297g, 2297g-1, 2297g-2, 7254.

Preamble to Final Rule

Subpart A--General
s766.1 Purpose.

The provisions of this part establish procedures for the Special Assessment of domestic utilities for the Uranium Enrichment Decontamination and Decommissioning Fund pursuant to sections 1801, 1802 and 1803 of the Atomic Energy Act of 1954, as amended (42 U.S.C. s2011 et seq.).




s766.2 Applicability.

This part applies to all domestic utilities in the United States that purchased separative work units from the DOE between 1945 and October 23, 1992.


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s766.3 Definitions.

For the purposes of this part, the following terms shall be defined as follows:
CPI-U means the Consumer Price Index for all-urban consumers published by the Department of Labor.
Commercial electricity generation means the production of electricity for sale to consumers.
DOE means the United States Department of Energy and its predecessor agencies.
Domestic utility means any utility in the United States that has purchased SWUs produced by DOE for the purpose of commercial electrical generation during the period beginning in 1945 to October 23, 1992.
Fund means an account in the U.S. Treasury referred to as the Uranium Enrichment Decontamination and Decommissioning Fund, established by section 1801 of the Atomic Energy Act of 1954, as amended.
Oak Ridge Operations Office means the Oak Ridge Operations Office of the Department of Energy in Oak Ridge, Tennessee.
Special Assessment means the Special Assessment levied on domestic utilities for payments into the Fund.
SWU means a separative work unit, the common measure by which uranium enrichment services are sold.
TESS means the Toll Enrichment Services System, which is the database that tracks uranium enrichment services transactions of the DOE Oak Ridge Operations Office for the purpose of planning, toll transaction processing, customer invoicing and historical tracking of SWU deliveries.
Use and burnup charges mean lease charges for the consumption of SWUs and natural uranium.




Subpart B--Procedures for Special Assessment

s766.100 Scope.

This subpart sets forth the procedures for the Special Assessment of domestic utilities for funds to be deposited in the Fund.




s766.101 Data utilization.
DOE shall use the records from the Toll Enrichment Services System (TESS) and other records maintained by the Oak Ridge Operations Office in order to determine the total SWUs purchased from DOE for all purposes. DOE shall use records from TESS, relevant records of domestic utilities, and such other information as DOE deems to be reliable and probative in determining the number of SWUs that were purchased by each domestic utility prior to October 24, 1992. A domestic utility shall be considered to have purchased a SWU from DOE if the SWU was produced by DOE but purchased by the domestic utility from another source. DOE shall consider a purchase to have occurred upon the delivery of a SWU to the domestic utility purchasing the SWU. A domestic utility shall not be considered to have purchased a SWU from DOE if the SWU was purchased by the domestic utility but subsequently sold to another source.




s766.102 Calculation methodology.

(a) Calculation of Domestic Utilities' Annual Assessment Ratio to the Fund. Domestic utilities shall be assessed annually for their share of the Fund. The amount of the assessment shall be determined by the ratio of SWUs produced by DOE and purchased by domestic utilities prior to October 24, 1992, to the total number of SWUs produced by DOE for all purposes (including SWUs produced for defense purposes). All calculations will be carried out to the fifth significant digit. This ratio is expressed by the following hypothetical example:

---------------------------------------------------------------------
SWUs purchased by all Total SWUs Special
domestic utilities produced--all assessment
purposes ratio
---------------------------------------------------------------------
12345 ................. + ...... 45678 = ................ .27026
---------------------------------------------------------------------

(b) Calculation of the Baseline Total Annual Special Assessment for Domestic Utilities. The Annual Special Assessment ratio calculated in paragraph (a) of this section shall be multiplied by $480 million, yielding the total amount of the Baseline Total Annual Special Assessment as of October 1992. In the event that this amount is in excess of $150 million, the Baseline Total Annual Special Assessment shall be capped at $150 million. All calculations will be carried out to the fifth significant digit. The Baseline Total Annual Special Assessment is determined as shown in the following hypothetical example:

---------------------------------------------------------------------
Total fund Annual assessment Baseline total annual special
ratio assessment
---------------------------------------------------------------------
$480,000,000 .. x .. 0.27026 = .............. $129,724,800
---------------------------------------------------------------------

(c) Calculation of Baseline Total Annual Special Assessment per Utility. The ratio of the total number of SWUs purchased by an individual domestic utility for commercial electricity generation, to the total number of SWUs purchased by all domestic utilities for commercial electricity generation, multiplied by the Baseline Total Annual Special Assessment calculated in paragraph (b) of this section, determines an individual utility's share of the Baseline Total Annual Special Assessment. All calculations will be carried out to the fifth significant digit. A hypothetical example of such a calculation follows:

---------------------------------------------------------------------
Single All utility Utility Baseline total Individual utility SWUs ratio annual utility
SWUs special special
assessment Assessment
---------------------------------------------------------------------
300 ... + .12345 = ... .02430 x .. $129,724,800 ... $3,152,312.64
---------------------------------------------------------------------

(d) Calculation of Inflation Adjustment. The Baseline Total Annual Special Assessment billed to domestic utilities shall be adjusted for inflation using the most recently published monthly CPI-U and the CPI-U for October 1992. All calculations will be carried out to the fifth significant digit. A hypothetical example of such a calculation follows:

--------------------------------------------------------------------
CPI-U (Mar 93) CPI-U (Oct 92) Adjustment multiplier
--------------------------------------------------------------------
150 ............ + ........... 141.8 = .............. 1.05783
--------------------------------------------------------------------


Utility special Adjustment Adjusted utility
Assessment multiplier assessment
$3,152,312.64 ..... x .... 1.05783 = ............. $3,334,610.88





s766.103 Special Assessment invoices.

(a) DOE shall issue annually a Special Assessment invoice to each domestic utility. This invoice will specify itemized quantities of enrichment services by reactor. In each Special Assessment invoice, DOE shall require payment, on or before 30 days from the date of each invoice, of that utility's prorated share of the Baseline Total Annual Special Assessment, as adjusted for inflation using the most recently published monthly CPI-U data.
(b) DOE shall enclose with the Fiscal Year 1993 Special Assessment invoice a sealed, business confidential, summary SWU transaction statement including:
(1) TESS information which documents, by reactor, the basis of the utility's assessment;
(2) A list of domestic utilities subject to the Special Assessment;
(3) The total number of SWUs purchased from DOE by all domestic utilities for all purposes prior to October 24, 1992.
(4) The total number of SWUs purchased from DOE for all purposes prior to October 24, 1992, including SWUs purchased or produced for defense purposes; and
(5) Such other information as may be appropriate.
(c) With regard to any fiscal year after Fiscal Year 1993, DOE shall enclose a summary SWU transaction statement with Special Assessment invoices that will include updated information regarding adjustments to Special Assessments resulting from the reconciliation and appeals process under Section 766.104.
(d) The date of each Annual Special Assessment invoicing will be set on or about October 1 with payment due 30 calendar days from the date of invoice starting with the Fiscal Year 1995 Special Assessment.




s766.104 Reconciliation, adjustments and appeals.

(a) A domestic utility requesting an adjustment shall, within 30 days from the date of a Special Assessment invoice, file a notice requesting an adjustment. Such notice shall include an explanation of the basis for the adjustment and any supporting documents, and may include a request for a meeting with DOE to discuss its invoice. If more time is needed to gather probative information, DOE will consider utility requests for up to 90 days additional time, providing that the initial notice requesting an adjustment was timely filed. The notice shall be filed at the address set forth in the Special Assessment invoice, and filing of this notice is complete only upon receipt by DOE. Domestic utilities are considered to have met the filing requirements upon DOE's receipt of the notice requesting an adjustment without regard to DOE's acceptance of supporting documentation. The filing of a notice for an adjustment shall not stay the obligation to pay.
(b) DOE may request additional information from domestic utilities and may acquire data from other sources.
(c) After reviewing a notice submitted under paragraph (a) of this section and other relevant information, and after making any necessary adjustment to its records in light of reliable and adequately probative records submitted in connection with the request for adjustment or otherwise obtained by DOE, DOE shall make a written determination granting or denying the requested adjustment. As appropriate, DOE shall modify the application of TESS data for any discrepancies or further transactions raised during the reconciliation process.
(d) Any domestic utility that wishes to dispute a written determination under paragraph (c) of this section shall have the right to file an appeal with the Office of Hearings and Appeals, U.S. Department of Energy, 1000 Independence Avenue S.W., Washington, DC 20585. Except for the Fiscal Year 1993 Special Assessment, any appeal must be filed on or before 30 days from the date of the written determination and should contain information of the type described in 10 CFR Part 205, Subpart H. With regard to a written determination under paragraph (c) of this section concerning a Fiscal Year 1993 Special Assessment, a domestic utility must file an appeal on or before 30 days from the effective date of this paragraph or from the date of such written determination, whichever is later. The decision of the Office of Hearings and Appeals shall be the final decision of DOE. Upon completion of the reconciliation process, all records of SWU transactions shall be finalized and shall become the basis of subsequent Special Assessment invoices. These records shall be revised to reflect any decisions from the Office of Hearings and Appeals and any applicable court rulings.
(e) Refunds of Special Assessments shall be provided in cases where DOE has determined, as a result of reconciliation, that an overpayment has been made by a domestic utility, and that the domestic utility has no further current obligation to DOE.




s766.105 Payment procedures.

DOE shall specify payment details and instructions in all Special Assessment invoices. Each domestic utility shall make payments to the Fund by wire transfer to the Department of Treasury.




s766.106 Late payment fees.

In the case of a late payment by a domestic utility of its Special Assessment, the domestic utility shall pay interest at the per annum rate (365-day basis) established by DOE for general application to monies due DOE and not received by DOE on or before a designated due date. Interest shall accrue beginning the date of the designated payment except that, whenever the due date falls on a Saturday, Sunday, or a United States legal holiday, interest shall commence on the next day immediately following which is not a Saturday, Sunday, or United States legal holiday. Late payment provisions for the Special Assessment to the Fund shall be based on the Treasury Current Value of Funds Rate (which is published annually by the Treasury and used in assessing interest charges for outstanding debts on claims owed to the United States Government), plus six (6) percent pro rata on a daily basis. The additional six (6) percent charge shall not go into effect until five (5) business days after payment was originally due. Late payment fees shall be invoiced within two days of receipt of utility payment of the special assessment when delinquency is less than 30 days. For longer periods of delinquency, DOE will submit additional invoices, as appropriate. Late payment fees will be due 30 days from the date of invoice.




s766.107 Prepayment of future Special Assessments

DOE shall accept prepayment of future Special Assessments upon request by a domestic utility. A domestic utility's liability for the future assessments shall be satisfied to the extent of the prepayments. DOE shall use the pro rata share of prepayments attributable to a given fiscal year plus the Special Assessments collected from utilities who did not prepay for that fiscal year, in order to determine that the total amount of Special Assessments collected from domestic utilities in a given fiscal year does not exceed $150 million, annually adjusted for inflation.





Preamble

(CITE AS: 59 FR 41956)

RULES and REGULATIONS

DEPARTMENT OF ENERGY

10 CFR PART 766

RIN 1901-AA52

Uranium Enrichment Decontamination and Decommissioning Fund; Procedures for Special Assessment of Domestic Utilities

Monday, August 15, 1994

AGENCY: Office of Environmental Management, Department of Energy.

ACTION: Final rule.

SUMMARY: This final rule revises the procedures and methods that the Department of Energy (DOE or the Department), Office of Environmental Management, will use to invoice and collect a Special Assessment from domestic utilities. The assessments will be deposited into the Uranium Enrichment Decontamination and Decommissioning Fund (Fund), established under Chapter 28 of the Atomic Energy Act of 1954 (Act), as amended by Title XI of the Energy Policy Act of 1992 (EPACT). The Fund will be used to pay for the costs of decontamination and decommissioning (D&D) and remedial action activities at DOE's uranium enrichment facilities, and for reimbursement of certain costs of D&D, reclamation, and other remedial actions incurred by licensees at active uranium or thorium processing sites, as specified in Title X of the EPACT.

EFFECTIVE DATE: September 14, 1994.

FOR FURTHER INFORMATION CONTACT: Ross Bradley, U.S. Department of Energy, Uranium Enrichment Decontamination and Decommissioning Fund Manager, Mail Stop EM-42, 1000 Independence Ave., SW, Washington, DC, 20585, (301) 903-7646; or Edward Le Duc, U.S. Department of Energy, Office of General Counsel, Mail Stop GC-51, 1000 Independence Ave., SW., Washington, DC, 20585, (202) 586-6947.

SUPPLEMENTARY INFORMATION:
I. Background
II. The Interim Final Rule and the Proposed Rule
III. Response to Public Comment
A. Detailed Listing of Activities to be Paid from the Fund
B. Definition of Commercial Electricity Generation
C. Treatment of SWUs in Leased Material in Calculating the Special Assessment
D. Calculation of Future Assessments
E. Treatment of DOE Produced SWUs Re-Entering the U.S. Domestic Market in Calculation of the Special Assessment
F. Treatment of Fabrication Losses in Calculation of the Special Assessment
G. Treatment of SWUs Sold to Domestic Utilities That Shut Down Their Nuclear Power Plants Prior to Enactment of the EPACT
H. Treatment of SWUs Sold to Another Domestic Utility at a Different Tails Assay in Calculation of the Special Assessment
I. Treatment of SWUs Traded or Loaned in Calculation of the Special Assessment
J. Invoicing of the Special Assessment in Proportion to U.S. Congressional Appropriations to the Fund
K. Payment Schedule for Future Assessments
L. Fixed Annual Date for Invoicing
M. Payment of the Special Assessment for Utilities Transferring All of Their SWUs to Another Domestic Utility
N. Submittal of Special Assessment Payment after Approval from Public Utility Commissions
O. Establishment of a D&D Trust Fund Managed by the Domestic Utilities
P. Payment of Interest on Credits to future Special Assessments
Q. Method of Payment
R. Reconciliation Adjustments and Appeals
S. Prepayment of Special Assessments
T. Miscellaneous Comments
U. Review Under Executive Order 12866
V. Review Under the Paperwork Reduction Act
IV. Section-By-Section Analysis
A. Subpart A--General
1. ss766.1 and 766.2 Purpose and Applicability
2. s766.3 Definitions
B. Subpart B--Uranium Enrichment Decontamination and Decommissioning Fund; Procedures for Special Assessment of Domestic Utilities
1. s766.101 Data Utilization
2. s766.102 Calculation Methodology
3. s766.103 Special Assessment Invoices
4. s766.104 Reconciliation Adjustments and Appeals
5. s766.105 Payment Procedures
6. s766.106 Late Payment Fees
7. s766.107 Prepayment of Special Assessments.
V. Review Under Executive Order 12866
VI. Review Under the Regulatory Flexibility Act
VII. Review Under the Paperwork Reduction Act
VIII. Review Under the National Environmental Policy Act
IX. Review Under Executive Order 12612
X. Review Under Executive Order 12778

I. Background

Sections 1801, 1802 and 1803 were added to the Act by Title XI of the EPACT (Pub. L. 102-486). Section 1801 establishes the Fund in the Treasury of the United States (42 U.S.C. s2297g). Amounts on deposit in the Fund are available to the Secretary of Energy, subject to appropriations, for D&D and remedial action activities at DOE's uranium enrichment facilities and for reimbursement of uranium and thorium licensees for certain costs of D&D, reclamation, and other remedial actions incurred by licensees at active uranium or thorium processing sites, as specified in Title X of the EPACT (42 U.S.C. s2296a et seq.). The Act provides that amounts in the Fund be invested by the Secretary of the Treasury in obligations of the United States. The Act also requires the Secretary of the Treasury, after consultation with the Secretary of Energy, to report to Congress annually on the financial condition and operations of the Fund.
Section 1802 of the Act provides that the Fund shall consist of annual deposits of $480 million per fiscal year, to be annually adjusted for inflation using the Department of Labor's Consumer Price Index for all-urban consumers (CPI-U)(42 U.S.C. s2297g-1(a)). Deposits to the Fund are required to include a Special Assessment on domestic utilities not to exceed $150 million per fiscal year (adjusted for inflation using the CPI-U). Section 1802 also authorizes appropriations to be deposited into the Fund in the amount necessary to ensure that the total annual amount of $480 million (adjusted for inflation using the CPI-U) is deposited (42 U.S.C. s2297g-1(b)). The amount collected from each domestic utility for the Special Assessment shall be in the same ratio to the total amount to be deposited in the Fund, for each fiscal year, as the total amount of separative work units (SWUs) the utility has purchased from DOE for the purpose of commercial electricity generation, prior to the date of enactment of the EPACT (October 24, 1992), bears to the total amount of SWUs purchased from DOE for all purposes, including units purchased or produced for defense purposes, prior to October 24, 1992 (42 U.S.C. s2297g-1(c)).
Collection of the Special Assessment is authorized as of the date of enactment of the EPACT (October 24, 1992), and shall continue for a period of the earlier of 15 years or until $2.25 billion (adjusted for inflation using the CPI-U) has been collected (42 U.S.C. s2297g-1(e)). A Special Assessment levied on domestic utilities is deemed by the Act to be a necessary and reasonable current cost of fuel, fully recoverable in a utility's rates in the same manner as other fuel costs (42 U.S.C. s2297 g-1(g)).
Section 1803 provides that the National Academy of Sciences shall conduct a study and provide recommendations for reducing the costs associated with D&D of the Department's uranium enrichment facilities, and report its finding to Congress within 3 years after the date of the enactment of EPACT (42 U.S.C. s 2297g-2(a)). This section specifies that the costs of D&D activities are to be paid from the Fund until such time as the Secretary of Energy certifies, and the Congress concurs, that the activities are complete (42 U.S.C. s2297g-2(b)). This section also specifies that the annual costs of remedial action at DOE's uranium enrichment facilities shall be paid from the Fund to the extent the amount available in the Fund is sufficient (42 U.S.C. s 2297g-2(c)).

II. The Interim Final Rule and the Proposed Rule

On August 2, 1993, DOE published an interim final rule (58 FR 41160) and a proposed rule (58 FR 41164) which set forth the procedures for calculation and collection of the Special Assessment from domestic utilities for deposit into the Fund.
The interim final rule became effective on September 1, 1993. This rule revises PART 766 by including amendments from the proposed rule and adding a new section on prepayments.
The interim final rule set forth those procedures, which the EPACT does not leave to DOE discretion, for calculation of the Special Assessment from domestic utilities for deposit into the Fund. DOE issued the rule as an interim final rule to allow for public comment while facilitating timely administrative action to comply with the obligation to collect the Fiscal Year 1993 Special Assessment from utilities by no later than September 30, 1993. The proposed rule expanded the interim final rule by adding new sections that address substantive matters left by the EPACT to DOE discretion, such as the required method of payment, late payment fees, and administrative appeals. On August 30, 1993, a public hearing was conducted by DOE on the proposed rule. No attendees asked to make oral presentations. A transcript of this hearing is available in the Freedom of Information Public Reading Room, 1000 Independence Avenue, Washington, DC 20885.
During the public comment period, written comments on the interim final rule were received from a total of nine organizations representing domestic utilities, electric power industry groups, and Congress. Written comments were received on the proposed rule from seven organizations with the same affiliations.
DOE has considered and evaluated the comments received during the public comment period. In addition, DOE has addressed comments from two utilities it received outside the public comment period. The following discussion describes the comments received, provides DOE's response to the comments, and describes any changes incorporated into the rule.

III. Response to Public Comment

A. Detailed Listing of Activities To Be Paid From the Fund

Several commenters requested that DOE provide a detailed listing of the activities at the gaseous diffusion plants that are to be paid from the Fund. Activities that are to be paid from the Fund are those that are authorized by the EPACT and subsequently approved by Congress in appropriation bills. A listing of these activities and other pertinent information is annually released to the public by the DOE in the Office of Environmental Management's annual budget documentation. Because this information is prepared and modified annually, and is made available to the public, the final rule does not include a detailed listing of all activities that are to be paid from the Fund. However, the following are examples of the types of activities at the gaseous diffusion plants that DOE believes would appropriately be paid for from the Fund: demolition of buildings, Resource Conservation and Recovery Act closures and surveillance and maintenance activities.

B. Definition of Commercial Electricity Generation

Several commenters requested that DOE provide a definition of "commercial electricity generation." This term was not defined in the EPACT. Given that the amount collected from a utility is based upon its purchases of SWUs for the purpose of commercial electricity generation, DOE has added a definition to the final rule.
Commercial electricity generation means the production of electricity for sale to consumers. Power produced under the power demonstration program operated by the Atomic Energy Commission (AEC) falls within the definition of commercial electricity generation. However, SWU deliveries to reactors wholly owned by the AEC under the power demonstration program, even though they fall within the definition of commercial electricity generation, are considered deliveries of SWUs to the government and not to domestic utilities, since domestic utilities did not purchase these SWUs from DOE or its predecessor agency the AEC. Therefore, they will not be included in the calculation for domestic utilities, but will be included in the calculation for total SWUs produced.

C. Treatment of SWUs in Leased Material in Calculating the Special Assessment

One commenter requested clarification concerning the treatment of SWUs in leased material in the calculation of the Special Assessment. The commenter suggested that the use of leased SWU material in calculating the Special Assessment would overstate its Special Assessment and would be inappropriate because unused portions of leased material were returned to the Government. Leased material is appropriately included as part of the Special Assessment to the extent that the material was for the purpose of commercial electricity generation. Utilities paid "use and burnup charges" for the portion of leased material that they consumed. These charges were based on the number of SWUs consumed. Therefore, leased material is being treated as purchased material and is subject to the Special Assessment. A utility's Special Assessment will be adjusted for those portions of SWUs in leased material that it did not consume and that were returned to the Government. In addition, DOE has added a definition of "use and burnup charges" to the final rule.
Domestic utilities converted lease contracts to "in-situ" ownership contracts when the Atomic Energy Act was amended to allow private ownership of special nuclear materials. The original Special Assessment invoices included SWUs delivered under lease contracts and under "in-situ" contracts. Several commenters noted that the SWUs in these assessments were double counted as a result of SWUs being counted as lease deliveries and in-situ deliveries. DOE agrees with these comments. The Fiscal Year 1994 Special Assessment invoices will be adjusted to correct for this double counting.

D. Calculation of Future Assessments

Several commenters observed that the EPACT states that the Special Assessment should be "annually adjusted for inflation" and that the final rule should reflect this requirement and indicate when the inflation adjustments will commence. The final rule specifies that the annual Special Assessment shall be adjusted for inflation each fiscal year following the first Special Assessment using the most recently published monthly Consumer Price Index for all urban consumers (CPI-U) published by the Department of Labor and the CPI-U for October, 1992. (See section 766.102(d)). DOE believes that this provision, which establishes an adjustment for inflation on each annual assessment following the first Special Assessment, appropriately implements the inflation adjustment requirement of EPACT. DOE waived the inflation adjustment to the first Special Assessment because domestic utilities had no control over the date of the issuance of the interim final rule, which established the date of the first Special Assessment.

E. Treatment of DOE Produced SWUs Re-Entering the U.S. Domestic Market in Calculation of the Special Assessment

One commenter requested clarification as to how DOE plans to treat any DOE produced SWUs that were sold to foreign utilities and that re-enter the domestic market. This commenter questioned how this would affect the reconciliation of SWU records for recalculating the Special Assessment. During the reconciliation process, DOE will identify these SWUs from information provided by utilities and from other sources to which DOE has access, such as the Nuclear Materials Management and Safeguards System (NMMSS), a joint DOE-Nuclear Regulatory Commission (NRC) database. DOE-produced SWUs that were sold to foreign utilities and later re-entered the domestic commercial market would have the effect of increasing the number of DOE- produced SWUs purchased by domestic utilities for the purpose of commercial electricity generation in relation to the total number of DOE-produced SWUs purchased from DOE for all purposes, as stated in the EPACT. The Special Assessment invoices will contain information on the total number of DOE- produced SWUs purchased by domestic utilities, including those purchased from foreign utilities. When the reconciliation process is complete, DOE will provide utilities with a summary of all adjustments made during the process.

F. Treatment of Fabrication Losses in Calculation of the Special Assessment

Several commenters requested clarification as to how DOE will treat fabrication losses in calculating the Special Assessment. The commenters stated that fuel fabrication losses were not used in commercial electricity generation and therefore should not be included in the calculation of the Special Assessments.
In determining a utility's Special Assessment, the EPACT does not require a SWU to have actually been used in commercial electricity generation, but only to have been purchased for that purpose. Therefore, DOE will not adjust Special Assessments to exclude fabrication losses.

G. Treatment of SWUs Sold to Domestic Utilities That Shut Down Their Nuclear Power Plants Prior to Enactment of the EPACT

Several commenters questioned the applicability of the Special Assessment to reactors that have ceased operations or are scheduled for shut down during the 15-year assessment period. The commenters asserted that the intent of EPACT is to levy Special Assessments only upon operating domestic utilities. Relying on EPACT's statement that a utility may recover the cost of its Special Assessment as a "current cost of fuel * * * recoverable * * * in the same manner as the utility's other fuel cost," 42 U.S.C. s2297g-1(g), one commenter argued that Congress intended to exempt non-operating facilities. This language, according to the commenter, suggests a Congressional intent to subject a utility to the Special Assessment only if it has at least one operating facility, by which it incurs "other fuel cost."
DOE believes that the EPACT is unambiguous in regard to the statutory applicability of the Special Assessment to domestic utilities. The statutory provision governing application of the Special Assessment is 42 U.S.C. s2297g- 1(c). This section states that: "The Secretary shall collect a special assessment from domestic utilities," and that the amount collected from each utility shall be proportional to the "total amount of separative work units such utility has purchased from the Department of Energy for the purpose of commercial electricity generation, before October 24, 1992." If prior to October 24, 1992, a utility purchased SWUs from DOE for the purpose of commercial electricity generation, EPACT's plain terms subject such a utility to the Special Assessment. EPACT provides no exceptions for utilities that satisfy this condition of applicability.
One commenter points to a separate provision on rate recoverability as the basis for implying an exemption from the Special Assessment. DOE does not believe that the provision in EPACT authorizing a utility's rate recovery of its Special Assessments, 42 U.S.C. s2297g-1(g), was intended by Congress to be a limitation on the statutory applicability of the Special Assessments. The terms of this provision, entitled "Treatment of Assessment," do not purport to create an exemption or to address the scope of applicability of the Special Assessment. The terms and separate placement of the rate recovery provision reflect its separate purpose, namely, to allow utilities to pass through the costs of their Special Assessments.
We note that the statutory structure contemplates that current ratepayers will bear costs related to fuels that benefitted ratepayers years earlier. Congress apparently recognized this as a potential ratemaking issue, and thus directed that the present ratepayers of the utilities that benefitted from the fuel use would pay the Special Assessments.
Accordingly, because the EPACT contains no exemption from the Special Assessment for non-operating reactors, DOE has not exempted non-operating reactors in this final rule.

H. Treatment of SWUs Sold to Another Domestic Utility at a Different Tails Assay in Calculation of the Special Assessment

One commenter requested that DOE address how it would treat enrichment services that were purchased from DOE and subsequently sold to another utility at a different transaction tails assay that resulted in a net difference in SWUs.
If a utility purchased DOE-produced SWUs from another utility, the purchasing utility's assessment will be based on the SWUs specified in contracts or other probative documents generated at the time of the secondary market purchase. The selling utility's assessment will be reduced by an amount that will be determined by the SWUs sold to the purchasing utility. For instance, in the event that the SWUs purchased in the secondary market transactions were less than the SWUs originally purchased from DOE, the selling utility will be assessed for the difference. If a transaction resulted in a net increase in SWUs, the purchasing utility will be assessed only for the amount of SWUs originally purchased from DOE; the selling utility's assessment will be reduced by the same amount. In general, where a secondary market sale resulted in a net difference in SWUs, there will be no increase or decrease, for Special Assessment purposes, in the total number of SWUs purchased from DOE. The Department bases this principle on its interpretation of EPACT, which requires Special Assessments to be determined on the basis of the total SWUs purchased from DOE by domestic utilities for the purpose of commercial electricity generation. To implement this requirement, DOE believes that secondary market transactions cannot be allowed to effect a net increase or decrease, for Special Assessment purposes, in the total number of SWUs that were purchased from DOE for all purposes. The following examples illustrate this principle:
1. Utility A purchases 100 SWUs from DOE. Utility A's assessment would be based upon 100 SWUs.
2. Utility A purchases 100 SWUs from DOE. Utility A sells this material to Utility B in a transaction based on the same calculated number of SWUs. Utility B's assessment would be based upon 100 SWUs. Utility A's assessment would be based upon 0 SWUs.
3. Utility A purchases 100 SWUs from DOE. In a subsequent sale, Utility A changes the calculated SWUs and sells the 100 SWUs to Utility B in a transaction for only 80 SWUs. Utility B's assessment is based upon 80 SWUs. Utility A's assessment is based upon the remaining 20 SWUs unaccounted for in the secondary market transaction.
4. Utility A purchases 100 SWUs from DOE. In a subsequent sale, Utility A changes the calculated SWUs and sells the 100 SWUs to Utility B in a transaction for 120 SWUs. Utility B's assessment is based upon 100 SWUs, and Utility A's assessment is based upon 0 SWUs.
Requests for assessment adjustments reflecting secondary market SWU transactions may be made pursuant to the requirements of section 766.104. The liability for payment of the Special Assessment rests with the utility that originally purchased the SWUs from DOE, until such time that DOE makes a written determination granting or denying a requested adjustment pursuant to section 766.104(c). Such a determination must be based upon reliable and adequately probative information documenting the sale of the SWUs in question. DOE will use this information to reconcile its records of SWU purchases with both sellers and purchasers.

I. Treatment of SWUs Traded or Loaned in Calculation of the Special Assessment

One commenter requested that definitions for the terms "purchased" and "sold" be incorporated into the final rule, and that these terms be clearly defined to include enriched uranium trades and loans as purchases and sales.
DOE has not included a definition of purchased and sold in the final rule because EPACT sufficiently describes these terms. The EPACT specifies that a utility is considered to have purchased a separative work unit from DOE if such separative work unit was produced by DOE, but purchased from another source; and a utility shall not be considered to have purchased a separative work unit from DOE if such separative work unit was purchased by the utility, but sold to another source.
On a case by case basis, uranium enrichment trades and loans of SWUs will be considered for treatment as purchases for assessment purposes when probative and reliable documentation is provided under the reconciliation provisions set forth at section 766.104, and DOE determines that a particular trade or loan transaction constitutes a purchase pursuant to the requirements of the EPACT.

J. Invoicing of the Special Assessment in Proportion to U.S. Congressional Appropriations to the Fund

The EPACT specifies that the annual Special Assessment of domestic utilities "shall not exceed" $150 million of the total $480 million in annual deposits to the Fund. One commenter stated that the ratio (.4545) of the maximum amount of Special Assessments ($150 million) to the total amount of government deposits ($330 million) represents the maximum percentage of total deposits the utilities can be assessed in a given fiscal year. This percentage should be applied against the Federal Government contributions to the Fund to determine the ceiling for each annual Special Assessment of domestic utilities. For example, if the Federal Government contributes $100 million in a given fiscal year, the utility contribution should be $45.45 million ($100 million x . 4545). The commenter contended that use of this capping method would make the domestic utility contributions to the Fund proportional to those made by the Federal Government and would eliminate the possibility of utility over- subscription to the Fund.
EPACT authorizes the Department to collect a Special Assessment from domestic utilities up to $150 million per fiscal year without any requirement for proportionality between the Federal Government and utility contributions that are actually made to the Fund. Therefore, DOE will not impose an annually adjusted ceiling on the Fund or a requirement for actual proportionality between the two Fund sources.

K. Payment Schedule for Future Assessments

Several commenters expressed concern over the condensed payment schedule for payment of the Special Assessment in Fiscal Years 1993, 1994, and 1995. These commenters contended that this payment schedule presents an unfair burden on domestic utilities, and may make it difficult for utilities to obtain full rate recovery of the Special Assessment.
DOE accommodated this concern in the proposed rule in stating that "Fiscal Year 1994 invoicing will be postponed two quarters to accommodate the reconciliation of records." This delay also allows for more time between the Fiscal Year 1993 and Fiscal Year 1994 Special Assessments. In addition, the EPACT affords utilities full rate recovery protection without regard to the timing of payments (42 U.S.C. s2297g-1(g)).

L. Fixed Annual Date for Invoicing

Several commenters expressed the need for a fixed date for invoicing of the Special Assessment to allow domestic utilities to plan for payment of the Special Assessment. DOE has modified the final rule to accommodate this concern. The final rule provides for annual invoicing of the Special Assessment on or about October 1 of each fiscal year with payment due 30 calendar days from the date of invoice, beginning with the Fiscal Year 1995 Special Assessment.

M. Payment of the Special Assessment for Utilities Transferring All of Their SWUs to Another Domestic Utility

One commenter recommended an exemption from payment of the Special Assessment for utilities that transferred, or plan to transfer, their entire portfolio of SWUs to other domestic utilities.
EPACT requires the Special Assessment to be calculated on the basis of SWUs purchased from DOE prior to the date of enactment of the legislation. Therefore, domestic utilities shall be liable for the Special Assessment based upon SWUs purchased prior to the date of enactment without regard to potential or actual transfers of SWU portfolios, except that transfers that were a result of sales made prior to the date of enactment will be treated as adjustments to a utility's assessment during reconciliation, in accordance with the requirements set forth in section 766.104. See Section R.

N. Submittal of Special Assessment Payment After Approval From Public Utility Commissions

One commenter requested that utilities be allowed to submit their payments of the Special Assessment after regulatory approval is obtained from their public utility commission for rate recovery of these costs. There is no basis for such a contingency in the EPACT. The EPACT requires DOE to assess and collect an annual Special Assessment and provides for separate utility rate recovery of the assessments as a current cost of fuel. Making payment contingent upon a public utility commission's approval of Special Assessment costs could lead to undue delay in the collection of the Special Assessments and lost interest income for the Department. This delay could also cause DOE to risk violating EPACT by collecting more in a given fiscal year than the $150 million that is authorized, since DOE would lose control over the timing of collections. Therefore, DOE will not permit a delay in payment pending public utility commission cost recovery authorization.

O. Establishment of a D&D Trust Fund Managed by the Domestic Utilities

Several commenters requested that the annual Special Assessments, once collected, be placed into a Trust Fund to be managed by the domestic utilities. These commenters stated that such an arrangement would demonstrate prudence to rate regulators, and enable utilities to provide greater cost- control assurance to their customers.
The EPACT requires that the Fund be established in the Treasury of the United States, and that amounts contained in the Fund be invested by the Secretary of the Treasury in obligations of the United States. (42 U.S.C. s2297g). Since the EPACT does not leave management of the Fund to DOE discretion, the Department cannot establish a utility managed trust fund.

P. Payment of Interest on Credits to Future Special Assessments

Several commenters expressed concern about the inability of domestic utilities to recover interest on any credits to future Special Assessments as a result of changes to utility Special Assessments from the reconciliation process. In the absence of specific authority, DOE cannot pay interest. The EPACT provides no authority for the payment of interest on credits or refunds made to utilities. However, DOE expects the majority of credits to Special Assessments to be completed in Fiscal Year 1994 as a result of the reconciliation process.

Q. Method of Payment

One commenter requested that DOE modify the final rule, which requires payment to be made by wire transfer, to allow domestic utilities to make payment of the Special Assessment by other electronic funds transfer methods. The final rule continues to specify wire transfer as the method of payment because this is the only electronic method accepted by the Department of Treasury. This method is consistent with payment methods already in use and familiar to domestic utilities. DOE is currently investigating the use of the Automated Clearing House method of payment with the Department of Treasury. Should this collection procedure become available, DOE may propose modification to this rule to reflect the change.

R. Reconciliation Adjustments and Appeals

Several commenters remarked that thirty days from the date of a Special Assessment invoice was insufficient time to file a notice requesting an invoice adjustment. One of the commenters recommended that DOE clarify the phrase in section 766.104(a) "* * * filing of the notice is complete only upon receipt by DOE." The commenter was concerned that this language could be construed to mean that filing of a notice is only complete when DOE deems the documentation supplied with such notice to be acceptable. DOE believes that thirty days is sufficient time to file a notice requesting adjustment. The final rule clarifies that domestic utilities are considered to have met the 30-day filing deadline upon receipt by DOE of the notice requesting an adjustment, and not contingent upon acceptance of supporting documentation by DOE. If more time is needed to gather probative information, DOE will consider utility requests for additional time, up to 90 days, to gather the necessary information based on a showing of need.
One commenter requested that DOE provide guidelines for verification of transactions involving non-utilities and foreign utilities, and for the recalculation of utility assessments and the notification of changes in assessments. DOE does not believe that guidelines would be helpful for these purposes because the use of reliable and probative documentation, provided by selling and purchasing utilities and other sources, would be adequate and would provide flexibility in accomplishing the purpose of the reconciliation process.
One domestic utility requested that DOE amend the Section-by-Section Analysis in the interim final rule to clarify that DOE is giving equal weight to the seller's and purchaser's documentation submitted in the reconciliation process. DOE has amended section 766.104 and the Section-by-Section Analysis to reflect this request.
DOE has also amended the final rule to allow the Department to acquire probative documentation that may not reside with the Department or with a domestic utility, if the Department believes that such information would be useful for reconciliation of SWU records. During the reconciliation process, DOE will provide to the affected utilities the substance of any data obtained from other sources, but may withhold the source of the information consistent with applicable confidentiality requirements.
One commenter was concerned that DOE had not provided for refunds of over- payments of Special Assessments. The final rule provides for refunds of Special Assessment payments in cases where it is determined that an over- payment has been made, with the exception of FY 1993 invoices. For FY 1993, DOE has already issued credits or refunds as appropriate.

S. Prepayment of Special Assessments

Subsequent to the comment period, one domestic utility requested to prepay future year Special Assessments. For convenience and expediency, DOE agrees to accommodate this request and has added to the final rule a new section 766.107 permitting prepayments. However, DOE will apply only the pro- rata share of any prepayment to a given fiscal year to ensure that the total Special Assessment for any fiscal year does not exceed $150 million (adjusted for inflation).

T. Miscellaneous Comments

One commenter requested that section 766.1 be revised to read as follows: "The provisions of this part establish policies applicable to administration of the Fund established by sections 1801, 1802, and 1803 of the Act as amended." DOE has revised the final rule to reflect this request.
Another commenter requested that a definition for the term "delivery" be included in the final rule, asserting that unused SWU credits held by a utility should not be considered deliveries for purposes of determining the utility's SWU purchases. DOE does not believe a definition of delivery is necessary because it is relying upon the Toll Enrichment Services System (TESS), which is defined in the final rule. The TESS does not define the term delivery but includes data on SWU deliveries to domestic utilities. DOE intends to use TESS data in determining SWU deliveries for purposes of determining SWU purchases from DOE. As appropriate, DOE will modify the application of TESS data for any discrepancies or further transactions raised during the reconciliation process.
One commenter requested DOE to insert the word "commercial" immediately before "electricity generation" in the definition of Domestic Utility. This comment is consistent with the EPACT, and DOE has revised the final rule to incorporate the change.
Two commenters requested that the number of significant digits used in calculating the Special Assessment be specified in the final rule. The final rule has been modified to specify that five significant digits will be used in the calculation of the Special Assessment.
In addition to the changes made in response to comments, DOE has also made a number of clarifying editorial changes in the final rule.

U. Review Under Executive Order 12866

Several commenters addressed DOE's decision not to consider the final rule as a major rule under Executive Order 12291 (recently replaced by Executive Order 12866). The commenters believe that the annual Special Assessment of $150 million appears to satisfy the criteria for a major rule, or in the case of Executive Order 12866 a significant regulatory action, having an effect of over $100 million on the economy. While the assessments to be paid by members of the electric utility industry will exceed $100 million annually, and may even be considered a major cost to the industry, these costs are not the result of any exercise of DOE's discretion in this final rule, but rather are specifically imposed by EPACT. After consultation with the Office of Management and Budget, DOE has determined the final rule is not a significant regulatory action.

V. Review Under the Paperwork Reduction Act

Many commenters stated that the final rule imposes an additional paperwork burden on the public, and that hundreds of hours have already been spent in additional paperwork in response to this rule. In consultation with the Office of Management and Budget (OMB), DOE has determined, under the Paperwork Reduction Act (44 U.S.C. s3501 et seq.), that the final rule imposes relatively minimal additional paperwork burden on the public. Therefore, DOE will not amend the rule's information collection requirements.

IV. Section by Section Analysis

A. Subpart A--General

1. Sections 766.1 and 766.2 Purpose and Applicability
Section 766.1 specifies that the purpose of this rule is to establish procedures for the Special Assessment of domestic utilities for the Fund pursuant to sections 1801, 1802 and 1803 of the Act. Section 766.2 describes the applicability of the rule, stating that it applies to all domestic utilities in the United States that purchased SWUs from the Department between 1945 and October 23, 1992.

2. Section 766.3 Definitions

Section 766.3 sets forth pertinent definitions applicable to PART 766. DOE has added definitions for "commercial electricity generation" and "use and burnup charges."

B. Subpart B--Procedures for the Special Assessment for the Uranium Enrichment Decontamination and Decommissioning Fund

1. Section 766.101 Data Utilization

Section 766.101 identifies the records upon which the determination of the SWUs purchased for domestic, foreign, and defense purposes shall be based. An audit was completed on records in DOE's possession on July 19, 1993, by an independent accounting firm prior to initial billing. These records reflect all SWUs produced and delivered by DOE (or DOE's predecessor agencies) from 1945 to October 23, 1992. These records reflect initial production and delivery of SWUs, and do not reflect subsequent transactions involving DOE SWUs by domestic utilities. Accordingly, DOE may also use privately held, reliable, and probative records of SWU transactions. Access to DOE records is subject to generally applicable laws and regulations governing classified and sensitive unclassified information and materials. Requests for confidential treatment of business records submitted to DOE are subject to 10 CFR Part 1004.

2. Section 766.102 Calculation Methodology

Section 766.102 describes the method for calculating Special Assessments. It is based on the formula described in the text of the Act. The rule has been modified so that all calculations will be carried to five significant digits.

3. Section 766.103 Special Assessment Invoices

Section 766.103 addresses the billing of the Special Assessments. DOE issued Fiscal Year 1993 invoices in September 1993, along with a summary of supporting information as described in paragraph (b) of section 766.103. Under paragraph (c), DOE will issue similar invoices in future fiscal years and update supporting information as appropriate.

4. Section 766.104 Reconciliation, Adjustments, and Appeals

Section 766.104 outlines procedures that must be followed by domestic utilities when seeking adjustments of invoices. DOE anticipates that this procedure will be used most often with respect to the Fiscal Year 1993 Special Assessment as domestic utilities present records of secondary market SWU transactions for reconciliation of the allocation of SWUs. Following reconciliation of records, DOE will provide, in appropriate cases, refunds or additional assessments. Determinations under section 766.104 will serve as precedents, and may be the basis for summary determinations for repetitious claims filed in the years following Fiscal Year 1993.
During the administrative reconciliation process, each domestic utility will have the opportunity to question the allocation of SWUs that was the basis of the Special Assessment, and DOE will have the opportunity to adjust the allocation of SWUs based on probative information it obtains from other sources. In most instances, documentary evidence of SWU transactions, in the nature of resales or purchases of DOE SWUs from other sources, is in the possession of domestic utilities or other parties involved in the secondary market. Domestic utilities will be responsible for raising the issue of resales and purchases and should be prepared to respond to any questions regarding their records of resales and purchases; however, DOE may rely on information from other sources, if it is reliable and adequately probative of the transactions documented, to validate the content of utility records. DOE shall attempt to verify all claims with corroborating documentation provided by both the seller and purchaser. In order to obtain corroborating evidence, DOE may rely on its subpoena authority pursuant to section 161(c) of the Act. DOE may also seek relevant data from the Nuclear Regulatory Commission's NMMSS. DOE may give greater weight to documents that were prepared contemporaneously with the purchase or sale of SWUs, although other documentation will be considered. As appropriate, DOE will modify its application of TESS data for discrepancies and additional transactions raised during the reconciliation process.
DOE considered the possibility of delaying the requirement to make payments until reconciliation of records is complete, but rejected such a procedure because the time required to reconcile records would have unduly delayed the program. This would have frustrated Congress's intention to establish the Fund expeditiously, and caused domestic utilities to encounter delays in obtaining appropriate rate relief.
Section 766.104 also provides an administrative appeal procedure for domestic utilities to challenge an adverse determination by DOE on a Special Assessment. Appeals may be filed with the Office of Hearings and Appeals (OHA), a quasi-judicial body that reports to the Secretary of Energy. The OHA is responsible for conducting many of the informal adjudicative proceedings of DOE involving separation of functions. DOE chose OHA to conduct the appeals process because of its expertise in developing administrative records regarding economic issues. In connection with these duties, OHA holds hearings, receives evidence, develops a record, and issues a final determination, which is subject to review in federal courts. The procedures of OHA applicable to this rule are set forth in 10 CFR Part 205, Subpart H. DOE has revised the rule to clarify that it will rely upon decisions from the OHA and any ruling from courts with appropriate jurisdiction in revising records of SWU transactions.

5. Section 766.105 Payment Procedures

Section 766.105 provides that DOE shall specify the procedures that shall be followed by domestic utilities in payment of their apportioned share of the Special Assessment. Wire transfer is identified as the method of payment.

6. Section 766.106 Late Payment Fees

Section 766.106 addresses procedures for assessment of late payment fees in case of a late payment by a domestic utility of its special assessment.

7. Section 766.107 Prepayment of Special Assessments

Section 766.107 has been added to the rule to allow prepayment of future year Special Assessments.

V. Review Under Executive Order 12866

DOE has reviewed this final rule and, after consultation with the Office of
Information and Regulatory Affairs within the OMB, determined that the final rule is not a "significant regulatory action" under Executive Order 12866, "Regulatory Planning and Review," (58 FR 51735, October 4, 1993). Accordingly, today's action was not subject to review under the Executive Order by the Office of Information and Regulatory Affairs.
Under one criterion of the Executive Order, a regulatory action is deemed significant if it is expected to have an annual effect on the economy of $100 million or more. It was determined that this criterion did not apply to today's action for the following reasons. While the money to be paid by members of the electric utility industry under the Special Assessment will exceed $100 million annually, these costs are not the result of any exercise of DOE's discretion in the rule. Rather, these costs are specifically imposed by the EPACT and reflect for domestic utilities their statutory pro rata share of costs related to the remediation and D&D of DOE's uranium enrichment facilities.

VI. Review Under the Regulatory Flexibility Act

In accordance with section 605 (b) of the Regulatory Flexibility Act, 5 U.S.C. s601 et seq., DOE finds that sections 603 and 604 of that Act do not apply to this rule because it will not have a significant economic impact on a substantial number of small entities. This finding is based on a determination that the domestic utilities who will be assessed are not small entities.

VII. Review Under the Paperwork Reduction Act

The information collection requirements in this rule have been approved by the OMB under the Paperwork Reduction Act and have been assigned OMB control number 1910-1400.

VIII. Review Under the National Environmental Policy Act

This rule establishes procedures for the Special Assessment of domestic utilities for amounts that are to be deposited in the Fund. The Fund will be used to pay for the cost of D&D and remedial action activities at DOE's uranium enrichment facilities, and for the reimbursement of certain costs of D&D, reclamation, and other remedial actions incurred by licensees at active uranium or thorium processing sites, as specified in Title X of the EPACT. Implementation of this rule will not affect the legally required cleanup of the sites or result in any other environmental impacts. The Department has therefore determined that this rule is covered under the Categorical Exclusion found at paragraph A.6 of Appendix A to Subpart D, 10 CFR Part 1021, which applies to the establishment of procedural rulemakings. Accordingly, neither an environmental assessment nor an environmental impact statement is required.

IX. Review Under Executive Order 12612

This final rule does not have a substantial direct effect on the states, the relationship between the states and the Federal Government, or the distribution of power and responsibilities among various levels of Government. No Federalism assessment under Executive Order 12612 is required.

X. Review Under Executive Order 12778

Section 2 of Executive Order 12778 instructs each agency to adhere to certain requirements in promulgating new regulations and reviewing existing regulations. These requirements, set forth in sections 2 (a) and (b), include eliminating drafting errors and needless ambiguity, drafting the regulations to minimize litigation, providing clear and certain legal standards for affected conduct, and promoting simplification and burden reduction. Agencies are also instructed to make every reasonable effort to ensure that the regulation clearly specifies any preemptive effect, effect on existing Federal law or regulation, and retroactive effect, describes any administrative proceedings to be available prior to judicial review and any provisions for the exhaustion of such administrative proceedings; and defines key terms. DOE certifies that today's final rule meets the requirements of sections 2 (a) and (b) of Executive Order 12778.

List of Subjects in 10 CFR PART 766

Confidential Business Information, Electric Power Rates, Electric Utilities, Nuclear Materials, Radioactive Materials, Reclamation, Reporting & Recordkeeping Requirements, Uranium, Waste Treatment & Disposal.
Issued in Washington, D.C., on this 8th day of August, 1994

Thomas P. Grumbly,

Assistant Secretary for Environmental Management.

For the reasons set forth in the Preamble, PART 766 of Title 10 of the Code of
Federal Regulations is revised to read as set forth below: