(a) As used in this section, backfitting means the addition, elimination, or modification, after the license has been issued, of:
(1) Structures, systems, or components of an ISFSI or MRS, or
(2) Procedures or organization required to operate an ISFSI or MRS.
(b) The Commission will require backfitting of an ISFSI or MRS if it finds that such action is necessary to assure adequate protection to occupational or public health and safety, or to bring the ISFSI or MRS into compliance with a license or the rules or orders of the Commission, or into conformance with written commitments by a licensee.
(c) The Commission may require the backfitting of an ISFSI or MRS if it finds:
(1) That there is a substantial increase in the overall protection of the occupational or public health and safety to be derived from the backfit, and
(2) That the direct and indirect costs of implementation for that ISFSI or MRS are justified in view of this increased protection.
(d) The Commission may at any time require a holder of a license to submit such information concerning the backfitting or the proposed backfitting of an ISFSI or MRS as it deems appropriate.
authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (
42 U.S.C. 2071,
2073,
2077,
2092,
2093,
2095,
2099,
2111,
2201,
2210e,
2232,
2233,
2234,
2236,
2237,
2238,
2273,
2282,
2021; Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (
42 U.S.C. 5841,
5842,
5846,
5851; National Environmental Policy Act of 1969 (
42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (
42 U.S.C. 10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168, 10198(a));
44 U.S.C. 3504 note
source: 53 FR 31658, Aug. 19, 1988, unless otherwise noted.
cite as: 10 CFR 72.62