ML20057B121
| ML20057B121 | |
| Person / Time | |
|---|---|
| Issue date: | 08/23/1993 |
| From: | Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Lehman R, Lieberman J, Sharp P HOUSE OF REP., HOUSE OF REP., ENVIRONMENT & PUBLIC WORKS, SENATE, ENVIRONMENT & PUBLIC WORKS |
| Shared Package | |
| ML19342C222 | List: |
| References | |
| FRN-58FR45243, RULE-PR-50, RULE-PR-54 AE63-2-005, AE63-2-5, CCS, NUDOCS 9309170238 | |
| Download: ML20057B121 (5) | |
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August 23, 1993 The Honorable Richard H. Lehman, Chairman Subcommittee on Energy and Mineral Resources Committee on Natural Resources U.S. House of Representatives Washington, D.C.
20515
Dear Mr. Chairman:
Enclosed for the information of the subcommittee is a copy of a Notice of Final Rulemaking to be published in the Federal Reaister.
The U.S. Nuclear Regulatory Commission is amending its regulations on power reactor safety to consistently apply the requirement that nuclear power plant licensees submit updates to the final safety analysis report (FSAR) annually or 6 months after each refueling outage. On August 31, 1992, the NRC amended 10 CFR 50.71(e) to allow licensees to submit the FSAR revisions annually or 6 months after each refueling outage. However, paragraph (a)(3) of 10 CFR 50.54 refers to the submittal of quality assurance program descriptions at least annually in accordance with the requirements of 10 CFR 50.71 and paragraph (b) of 10 CFR 54.37 refers to the annual FSAR submittal. The amendments to 10 CFR Parts 50 and 54 eliminate confusion and make the references to the requirement of FSAR update submittals in these two sections consistent with the amended 10 CFR 50.7)(e). The rule does not require a backfit and does not require additional reporting regilirements.
Sincerely, Original Signed by:
Linda Portner Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Reaister Notice cc:
Representative Barbara Vucanovich DISTRIBUTION:
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August 23, 1993 C.Awd @ b b The Honorable Philip R. Sharp, Chairman Subcommittee on Energy and Power Committee on Energy and Commerce U.S. House of Representatives Washington, D.C.
20515
Dear Mr. Chairman:
Enclosed for the information of the subcommittee is a copy of a Notice of Final Rulemaking to be published in the Federal Reaister.
The U.S. Nuclear Regulatory Commission is amending its regulations on power reactor safety to consistently apply the requirement that nuclear power plant licensees submit updates to the final safety analysis report (FSAR) annually or 6 months after each refueling outage. On August 31, 1992, the NRC amended 10 CFR 50.71(e) to allow licensees to submit the FSAR revisions annually or 6 months after each refueling outage.
However, paragraph (a)(3) of 10 CFR 50.54 refers to the submittal of quality assurance program descriptions at least annually in accordance with the requirements of 10 CFR 50.71 and paragraph (b) of 10 CFR 54.37 refers to the annual FSAR submittal. The amendments to 10 CFR Parts 50 and 54 eliminate confusion and make the references to the requirement of FSAR update submittals in these two sections consistent with the amended 10 CFR 50.71(e). The rule does not require a backfit and does not require additional reporting requirements.
Sincerely, Original signed by:
Linda Portner Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Reaister Notice cc:
Representative Michael Bilirakis i
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August 23, 1993 The Honorable Joseph Lieberman, Chairman Subcommittee on Clean Air and Nuclear Regulation Committee on Environment and Public Works U.S. Senate Washington, D.C.
20510
Dear Mr. Chairman:
Enclosed for the information of the subcommittee is a copy of a Notice of Final Rulemaking to be published in the Federal Reaister.
The U.S. Nuclear Regulatory Commission is amending its regulations on power reactor safety to consistently apply the requirement that nuclear power plant licensees submit updates to the final safety analysis report (FSAR) annually or 6 months after each refueling outage. On August 31, 1992, the NRC amended 10 CFR 50.71(e) to allow licensees to submit the FSAR revisions annually or 6 months after each refueling outage. However, paragraph (a)(3) of 10 CFR 50.54 refers to the submittal of quality assurance program descriptions at least annually in accordance with the requirements of 10 CFR 50.71 and paragraph (b) of 10 CFR 54.37 refers to the annual FSAR submittal. The amendments to 10 CFR Parts 50
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and 54 eliminate confusion and make the references to the requirement-of FSAR update submittels in these two sections consistent with the amended 10 CFR 50.71(e). The rule does not require a backfit and does not require additional reporting requirements.
Sincerely, Original Signed By:
Linda Portner
-]
Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Reaister Notice I
cc:
Senator Alan K. Simpson DISTRIBUTION:
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Federal Register /.Vol 58, h 165 7, friday; Atagust!27.*1993 /ittslos and Regulations: ' ~45243
~
- 3. In the chart in $ 318.7(c)(4) under acid" and " Malic hcid" am avised to 9318.7 ~ Approval of substances for use in the Class of substance " Synergists," the read as follows:
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cntries under the Substances " Citric (c) * * *
(4) * *
- Class of substance S@ stance Purpose Products Amount l
Synergists (used in com-Citric acid.
To increase effec-Any product pomutted b contain Not to exceed 0.01 percent based tunation with antioxklants).
eveness of anu-antioxidants as prodded in this on fat content oxidants Part.
Malic acid
....do Lard and shortening
-. 0.01 percent based on total weight in combinabon with ansoxidants Done at Washington DC, on: August 23, SUPPLEMENTARY INFORIAATION:
months and all applicable dockets are
""d -
referenced. This would allow licensees 1993.
Eugene Branstool, with multiple plants to tie the submittal Assis: ant Secretary. Marketing and Inspection In February 1993, the Commission of changes to the common QA program services.
approved the establishment of a to the refueling outage schedule of only mgu atory review gmup (RRG) to one plant and would eliminate the need
[FR Doc. 93-20875 Filed 8-26-93; 8:45 am]
conduct a comprehensive and for a separate submittal for each plant, cm coos mom disciplined review of power reactor The amendment will eliminate the regulations and related NRC processes.
confusion caused by the conflicting Programs, and practices for their requirements in different sections of the NUCLEAR REGU1.ATORY implementation.The RRG found two regulations.
COMMISSION areas in the agulations that may cause confusion regarding a recent Summary of Public Comments 10 CFR Parts 50 and 54 amendment to another section of the On May 14,1993 (58 FR 28523), the regulations. On Au st 31,1992, the NRC published a proposed rule that Comdssion amen ed M M SWe) wd Mek ee Mmnms 2 h RIN 31SG-AE63 to allow nuclear power reactor licensees annual submittal of updates in 10 CFR FSAR Update Submittals to submit FSAR updates either annually 50.54(a)(3) and 10 CFR 54.37(b). The or 6 months after each refueling outage, comment period ended on Nne 14, AGENCY: Nuclear Regulatory The RRG discovered that to CFR 1993, and the NRC received five letters Commission.
50.54(a)(3) and 10 CFR 54.37(b) still of public comment on the proposed referenced the previous requirement for rules. Four commenters fully supported ACTION: Final rule.
annual FSAR submittals. This conflict the proposed changes; one commenter may confuse licensees in determining submitted statements for $ 50.54(a)(3) to suuuARY:The Nuclear Regulatory how often quality assurance program further clarify the requirements and Commission (NRC)is amending its changes and FSAR updates for license recommended that NRC revise 10 CFR regulations on power reactor safety in renewal should be submitted.
54.37(c) to duplicate the reporting order to consistently apply the frequency of $ 50.59(b)(2); one requirement that nuclear power plant Description commenter also recommended that NRC licensees submit final safety analysis The amendments delete the references consider extending the mporting report (FSAR) updates annually or six to the annual submittal of updates in 10 frequency associated with 10 CFR months after each refueling outage.
CFR 50.54(a)(3) and to CFR 54.37(b).
50.59(b)(2) to be consistent with the These amendments eliminate confusion The amended sections reference the FSAR update submittal.The regarding two references to an existing regulation,10 CFR 50.71(e), not the Commission agrees with the proposed reporting requirement. The final rule specific requirements of the regulation.
statements for to CFR 50.54(a)(3) and does not require additional reporting Licensees with a QA program has incorporated the statements into the requirements.
description that is common to multiple final rule /All other sections of the final EFFECTWE DATE: September 27,1993.
units or several sites may submit rulemaking remain unchanged. Copies changes to the common quality of those letters and the NRC staff FOR FURTHER INFORMATION CONTACT:
assurance (QA) program description that response to the public comments are Claudia M.Craig, Office of Nuclear do not reduce commitments annually or available for public inspection and Reactor Regulation, U.S. Nuclear 6 months after each refueling outage at copying for a fee at the NRC Public Regulatory Commission, Washington, only one of the sites if the interval Document Room at 2120 L Street NW.
DC 20555, telephone (301) 504-1281.
between submittals does not exceed 24 (Lower Level), Washington, DC.
.45344
. Federd Register / Vol. 58, No.165 / Friday, August 27, 1993 / Ruhs and Regithtions EnvironmentalImpact: Categorical -
List of Subjecta (S) After March 11,1983, each Exclusion licensee described in paragraph (a)(1) of
!O CFR Part 50 The NRC has determined that this this section may make a change to a final rule is the type of action described Antitrust, Classified information, previously accepted quality assurance es a categorical exclusion in 10 CFR Criminal penalties, Fire protection, program description included or 51.22(c)(3) (i) and (iii). Therefore, Intergovernmental relations, Nuclear referenced in the Safety Analysis neither an environmentalimpact Power plants and reactors, Radiation Report, provided the change does not rotectlon, Reactor siting criteria, reduce the commitments in the program
{teporting and recordkeeping description previously accepted by the statement nor an environmental assessment has been prepared for this final rule.
mquirements.
NRC. Changes to the quality assurance Paperwork Reduction Act Statement 20 CFR Part 54 program description that do not mduce the commitments must be submitted to This final rule does not contain a new Adoinistrative practice and the NRC in accordance with the or amended information collection procedure Age-related degradation, requirements of 6 50.71(e]. Changes to requirement subject to the Paperwork Backfitting, Classified information, the quality assurance program Reduction Act of 1980 (44 U.S.C. 3051 Criminal penalties, Environmental description that do reduce the et seg ). Existing requirements were protection, Incorporation by reference, commitments must be submitted to NRC approved by the Office of Management Nuclear power plants and reactors, and receive NRC approval prior to and Budget approval numbers 3150-Reporting and recordkeeping implementation, as follows:
0011 and 3150-0155.
requirements.
Regulato#I Anal sis For the reasons set out in the I
preamble and under the authority of the PART 54-REQUIREMENTS FOR The Commission has prepared a Atomic Energy Act of 1954, as amended. RENEWAL OF OPERATING LICENSES regulatory analysis on this final the Energy Reorganization Act of 1974, FOR NUCLEAR POWER PLANTS regulation. The analysis examines the as amended, and 5 U.S.C. 553, the NRC costs and benefits of the alternatives is adopting the following amendments
- 1. The authority citation for part 54 considered by the Commission. The to 10 CFR parts 50 and 54.
continues to read as follows:
analysis is available for inspection in Authority: Secs. 102.103,104,161,181, the NRC Public Document Room,2120 PART 50-DOMESTIC LICENSING OF 182,183,186,189,68 Stat. 936,937,938, L Street NW. (Lower Level),
PRODUCTION AND UTILIZATION 948,953,954,955, as amended, sec. 234,83 Washington, DC. Smple copies of the FACILITIES Stat.1244, as amended (42 U.S.C 2132,2133, analysis may be obtamed from Claudia 2134,2135,2201,2232,2233,2236,2239, M. Craig. U.S. Nuclear Regulatory 1.The authority citation for part 50 2282); secs. 201,202,206,88 Stat.1242, Commission Washington,DC 20555, continues to read as follows:
1244, as amended (42 U.S.C 5841,5842).
(301) 504-1281.
Authority: Secs. 102,103,104,105,161 Regulatory Flexibility Certification 182,183,186,189,68 Stat. 936,937,938,
- 2. In 5 54.37, paragraph (b) is revised 948,953,954,955,956, as amended, sec.
to read as follows.
As required by the Regulatory 234,83 Stat.1244, as amended (42 U.S.C
$ 54.37 Additaonal records and Flexibility Act of 1980,5 U.S.C. 605(b),
2132,2133,2134,2135,2201,2232,2233, the Commission certifies that this 2236,2239,2282); secs. 201, as amended, recerdkeeping requirements.
regulation will not have a significant 202,206,88 Stat.1242,es amended 1244, economic impact on a substantia]
1246 (42 U.S.C 5841,5842,5846).
(b)The FSAR update required by 10 number of small entities. This Section 50.7 also issued under Pub. L 95-CFR 50.71(e) must include any SSCs 60 s t 8
8
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regulation affects only the licensing and
,ojoa1 jibed d se s.101, '
newly identified as important to license operation of nuclear power plants. The 185,6d Stat. 955, as amended (42 U.S.C renewal as a result of generic companies that own these plants do not 2131,2235); sec.102, Pub. L 91-190,83 Stat. information, research, or other new 3
fall within the scope of the definition of 853 (42 U.S.C 4332). Sections 50.13, information after the renewed license is
small entitles" as given in the 50.54(dd), and 50103 also lasued under sec.
issued. The update must also identify Regulatory Flexibility Act, or the Small 108,68 Stat. 939, as amended (42 U.S.C any SSCs deleted from the list of SSCs Business Size Standards promulgated in 2138). Sections 50.23,50.35,50 55, and 50.56 important to license renewal. This the regulations issued by the Small also issued under sec.185,68 Stat. 955 (42 FSAR update must describe how the Business Administration at 13 CFR part
,,uj EndE age-related degradation unique to 2 35 on' 102 L 91-190,83 Stat. 853 (42 U.S.C 4332).
license renewal of newly identified 121.
Backfit Analysis Sections 50.34 and 50.54 also issued under SSCs important to license renewal will sec. 204,88 Stat.1245 (42 U.S.C. 5844).
be effectively managed during the The NRC has determined that the Sections 50.58,50.91, and 50.92 also issued period of extended operation. The backfit rule,10 CFR 50.109, does not under Pub. L 97-415,96 Stat. 2073 (42 update must also be accompanied by a apply to this final rule. The rule affects U.S.C 2239). Section 50.78 also issued under justification for deleting any SSCs recordkoeping and reporting sec.122,68 Stat. 939 (42 U.S.C 2152).
previously identified as important to i
requirements which have been deemed sections 50.80.-50 81 also issued under sec.
not subject to the backfit rule and the 184,68 Stat. 954, as amended (42 U.S.C changes are voluntary relaxations of 22 Ap ndix F al s u der sec.
of August,1993.
requirements which are not being imposed upon li,censees. Therefore, a
- 2. In 5 50.54, paragraph (a)(3)
For the Nuclear Regulatory Commission.
backfit analysis is not required for this introductory text is revised to read as I'"
- I final rule because these amendments do follows:
not involve any provisions that would EmuudrectorforOpemuons.
impose backfits as defined in to CFR g 50.54 conditions of licensee.
(FR Doc. 93-20717 Filed 8-26-93; 8.45 an.)
SQ.109(a)(1).
(a) * *
- sn.uNO CODE 75so.et-P e
. -