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OGC-00-35 1 (2000-06-13)

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~GAO                         __           _        _        _        __


United States General Accounting Office                      Office of the General Counsel
Washington, DC 20548


         B-285579


         June 13, 2000

         The Honorable Robert C. Smith
         Chairman
         The Honorable Max Baucus
         Ranking Minority Member
         Committee on Environment and Public Works
         United States Senate

         The Honorable Thomas J. Bliley, Jr.
         Chairman
         The Honorable John D. Dingell
         Ranking Minority Member
         Committee on Commerce
         House of Representatives

         Subject: Nuclear Regulatory Commission: Emergencv Core Cooling System
                 Evaluation Models

         Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
         major rule promulgated by the Nuclear Regulatory Commission (NRC), entitled
         Emergency Core Cooling System Evaluation Models (RIN: 3150-AG26). We
         received the rule on June 5, 2000. It was published in the Federal Register as a final
         rule on June 1, 2000. 65 Fed. Reg. 34913.

         The final rule amends the NRC's regulations to allow holders of operating licenses
         for nuclear power plants to reduce the assumed reactor power level used in
         evaluations of emergency core cooling systems (ECCS) performance. The rule
         provides licensees the option to apply a reduced margin for ECCS evaluation or to
         maintain the value of reactor power that had been mandated in the regulation.
         According to NRC, this action allows interested licensees to pursue small, but cost-
         beneficial, power uprates and reduces unnecessary regulatory burden without
         compromising the margin of safety of a facility.

         Enclosed is our assessment of the NRC's compliance with the procedural steps
         required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule.
         Our review indicates that the NRC complied with the applicable requirements.


GAO/OGC-00-35

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