ML20092J304
| ML20092J304 | |
| Person / Time | |
|---|---|
| Issue date: | 02/29/1992 |
| From: | NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | |
| References | |
| NUREG-0936, NUREG-0936-V10-N04, NUREG-936, NUREG-936-V10-N4, NUDOCS 9202240156 | |
| Download: ML20092J304 (128) | |
Text
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NUREG-0936 Vol.10, No. 4 NRC Regulatory Agenca Quarterly Report October-December 1991 U.S. Nuclear Regulatory Commission Omce of Administration
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l AVAILABILITY NOTICE Availabibly of Reference Materiets Cited in NRC Pubhcations L
Most documents ested in NRC pubhcations will be available from one of the following i
sources:
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1.
The NRC Pubhc Document Room. 2120 L Street, NW., Lower Level, Washington, DC f
20555 2.
The Superintendent of Documents, U.S. Government Printing Office P.O. Box 37082, Washington, DC 20013 7082 3,
The National Technicalinformation Service, Springfield, VA 22161 Although the hsting that follows represents the majority of documents cited in NRC pubhca.
tions, it is not intended to be exhaustive, l
Referenced documents available for inspection and copying for a fee from the NRC Pubhc Document Room include NHC correspondonce and internal NRC memorandat NRC bulletins, circulars, information noticos, inspection and investigation notices; bconsee event reports:
vendor reports and correspondenco: Commission papers; and applicant and beensee docu-ments and correspondence, i
- The following documents irithe NUREG series pro available for purchase from the GPO Sales Program; format NRC staff and contractor reports, NRC. sponsored conference proceed.
ings, international agreement reports, grant pubbcations, and NRC booklets and brochures.
' Also available are regulatory guides, NRC regulations in the Code of federal Regulaflons.
(
and Nuclear Regulatory Commission Issuances, l
Documents available from the National TechnicalInformation Service include NUREG series reports and technical reports prepared by other Federal agencies and reports prepared by the Atomic Energy Commission, forerunner agency to the Nuclear Regulatory Commission.
Documents available from pubhc and special technical hbraries include all open hierature -
items, such as books, journal articles, and transactions. Federal Register notices, Federal and State legislation, and congressional reports can usual!y be obtained from these l
libraries.
[
- Documents such as theses, dissertations, foreign reports and translations, and non-NRC f
conference proceedings are available for purchase from the organization sponsoring the
.J' pubhcation cited.
Single copies of NRC draft reports are available free, to the ertent of supply, upon written request to the Office of Administration Distribution and Mail Services Section, U.S. Nuclear Regulatory Commission, Washington. DC 20555, Copies of industry codes and standards used in a substantive manner in the NRC regulatory process are maintained at the NRC Library, 7920 Norfolk Avenue, Bethesda/ Maryland, for use by the public. Codes and standards are usually copyrighted and may be purchased
. from the onginating organization or, if they are American National Standards, from the American National Standards Institute,1430 Broadway, New York, NY 10018.
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NUREG-0936 Vol.10, No. 4 l
NRC Regulatory Agenda Quarterly Report October-December 1991 Manuwtipt Completed: January 1992 Date Published: 1 chruary 1992 Division of Freedom of Information and l'ublications Services OITice of Administration U.S. Nucler.r Regulatory Commission Washington, DC 20555 p
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TABLE Of CONTENTS SECTION I - RULES (A) Rules on which final action has beer taken since September 30, 1991 PJL92 Material Control and Accounting Requirements for Uranium Enrichment facilities Producing Special Nuclear Material of Low Strategic Significance (Parts 2,40,70,74)...................................
1 j
Nuclear Power Plant License Renewal (Parts 2,50,54,140).............
2 Revision of Definition of Meeting (Part 9).............................
3 Salary Offset Procedures for Collecting Debts Owed by federal Employees to the federal Government (Parts 15, 16)...................
4 Exclusion of Attorneys from Interviews Under Subpoena (Part 19)........
5*
EmergencyTelecommun'icationsSystemUpgrade(Part50)..................
6 Revision of fee Schedules; 100% fee Recovery; Clarification of Size Standards (Part 171)............................................
7*
(B) Proposed Rules Procedures involving the Equal Access to Justice Act:
Implementation (Parts 1, 2)..........................................
9 Revisions to Procedures to issue Orders:
Challenges to Orders that are Made immediately Effective (Part 2)..............................
10 Uranium Enrichment Regulations (Parts 2, 40, 50, 51, 70, 75, 110, 140, 150, 170).......................................................
11 DOE-L or DOE-Q Reinvestigation Program for NRC-R Access Authorization Renewal Requirements (Part 11).........................
12 L
13*
l Exclusion of Attorneys from Interviews Under Subpoena (Part 19)........
t.icenses and Radiation Safety Requirements for Large Irradiators (Parts 19, 20,'21, 30, 36, 40, 51, 70, 170)..........................
14 Disposal of Waste Oil by Incineration from Nuclear Power Plants (Part 20)............................................................
15 111 l
l
l'Aat Access Authorization Reinvestigation Program for Licensee Personnel (Part25)............................................................
17 Decommissioning Recordkeeping and Litense Termination:
Documentation Additions (Parts 30,40,50,70,72)...................
19 Requirements for Possession of Industrial Devices Containing Byproduct Material (Parts 31, 32)....................................
21
~
Decommissioning funding for Prematurely Shutdown Power Reactors (Part 50)............................................................
22 Codes and Standards for Nuclear Power Plants (ASME Code, 1986/1987/
1988 Addenda, 1989 Edition (Part 50).................................
23 Primary Reactor Containment Leakage Testing for Water-Cooled Power Reactors (Part 50)...................................................
25 Amendment to 10 CfR 51.51 and 51.52, Tables S-3 and S-4, Addition of Radon-222 and Technetium-99 Radiation Values, and Addition of Appendix B, ' Table S-3 Explanatory Analysis * (Part 51)...............
27 License Renewal for Nuclear Power Plants; Scope of Environmental E f fe c t s ( Pa r t 51 )....................................................
29 Elimination of inconsistencies Between NRC Regulations and EPA HLW Standards (Part 60)..................................................
30 Minor Amendments to the Physical Protection Requirements (Parts 70, 72, 73, 75)..........................................................
31 Transportation Regulations:
Compatibility With the International Atomic Energy Agency (IAEA) (Part 71)................................
32 Physical fitness Programs and Day firing Qualifications for Security Personnel at Category i Itr.ensee fuel Cycle facilities (Part 73)............................................................
34 Criteria for an Extraordinary Nuclear Occurrence (Part 140)............
36 Reasserting NRC's Sole Authority for Approving Onsite Low-level Waste Disposal in Agreement States (Part 150)........................
37 NRC Acquisition Regulation (NRCAR) (48 CFR Chapter 20, Parts 1-52).....
38 l
1 iv
. ~
i PJLqc (C) Advance Notices of Proposed Rulemaking Radioactive Waste Below Regulatory Concern; Generic Rulemaking (Parts 2,20)........................................................
39 Comprehensive Quality Assurance in Medical Use and a Standard of Care (Part 35).......................................................
40 Medical Use of Byproduct Material:
Training and Experience l
Criteria (Part 35)...................................................
41 Acceptance of Products Purchased for Use in Nuclear Power Plant Structures, Systems, and Components (Part 50)........................
42 Import and Export of Radioactive Wastes (Part 110)........
43 (D) Unpublished Rules Revised Rules of Practice for Domestic Licensing Proceedings (Part.
O,1,2,9,50)......................................................
45 Availability of Of ficial Records (Part 2)..............................
46 Discrimination on the Basis of Sex (Parts 2, 19).......................
48 Revision of Specific Exemptions (Part 9)...............................
49 Clarification of Statutory Authority for Purposes of Criminal Enforcement (Parts 11, 19, 20, 21, 25, 26, 30, 31, 32, 33, 34, 35, 39, 40, 50, 52, 53, 55, 60, 61, 70, 71, 72, 73, 74, 75, 95, 110,140,150).......................................................
50 Radiological Criteria for Decommissioning of Nucicar f acilities (Part 20)............................................................
51 Low-level Waste Manifest Information and Reporting (Parts 20, 61)......
52 Clarification of Reporting of Defects and Noncompliance for Materials facilities (Part 21).....
54*
Fitness-for-Duty Programs for Category 1 Material Licensees and Transporters (Part 26)...............................................
55 Allows Self-Guarantee for Non-Electric Utility Reactor Licensees to Satisfy the Financial Requirements of the Decommissioning Regulations (Parts 30, 40, 50, 70, 72)...............................
57*
v
.-._m i
l't92 Timeliness in Decommissioning 3 Materid facilities (Parts 30, 40,70,72).................
58 Restrict Accessible Air Gap Between the Radioactive Source and the Detector for Generally Licensed Devices (Part 31, 32)................
60 Radiography and Radiation Safety Requirements for Radiography Operations (Part 34).................................................
61 Use of Radiopharmaceuticals for Medical Research, Use of Biologics Containing Byproduct Material, and Compounding Radiopharmaceuticals (Part 35).......................................
62 Iridium-192 Wire for Interstitial Treatment of Cancer (Part 35)........
63 Clarification of Emergency Preparedness Regulations (Part 50)..........
64 Emergency Planning Regulations for Part 52 Licensing (Part 50).........
65 Change to Part 50 to Update Source Term and Replace Dose Calculation (Part 50)................................................
66 Training of Nuclear Power Plant Personnel (Part 50)....................
68 Codes and Standards for Nuclear Power Plants (ASME Code,Section XI, Division 1, Subsection IWE and subsection IWL)
(Part 50)............................................................
69 fracture Toughness and Reactor Vessel Material Surveillance Requirements (Part 50)...............................................
71 Change to Part 100 to Add Site Criteria, Update Appendix A and Remove Dose Calculations; Interim Change to Part 50 to Add SourceTermandDoseCalculations(Parts 50,100)....................
73 1
Repository Operations Criteria (Part 60)...............................
75 Conforming Guidance on Low level Waste Disposal facilities with 10 CFR Part 61 (Part 61).............................................
76 Physical Protection of Special Nuclear Materials in Transit (Parts 70,73)..............................................................
77 List of Approved Spent fuel Storage Casks: Additions (Part 72)........
78*
Emergency Planning for Independent Spent fuel Storage facilities (ISFSI) and Monitored Retrievable Storage facilities MRS)
(Part 72)............................................................
79*
i l
Vi
h9e Clarification of Physical Protection Requirements at fixed Sites (Part 73)............................................................
80*
Reinvestigation of Individuals Granted Unescorted Access to Nuclear Power Plants (Part 73)...............................................
81 Night firing Qualifications for Security Guards at Nuclear Power Plants (Part 73).....................................................
83 Seismic and Geological Siting Criteria for Nuclear Power Plants (Part 100)...........................................................
84 Import and Ci' port of Nuclear Equipment and Material (Part 110).........
85 Limited Change; to 10 CfR hrts 170 and 171 License and Annual fees (Parts 170. 171)................................................
87 SECTION 11 - PEllTIONS FOR RULEMAKING (A) Petitions incorporated into final rules or petitions denied since September 30. 1991 None (B) Petitions incorporated into proposed rules None (C) Petitions pending staff review The Rockefeller University (PRM-20-17).................................
89 The Rockefeller University (PRM-20-18).................................
90 GE Stockholders' Alliance (PRM-20-19)..................................
91 Carol S. Marcus, Ph.D., M.D. (PRM-20-20)...............................
92 General Electric Company and Westinghouse Electric Corporation (PRM-30-59)..........................................................
93 Advanced Medical Systems, Inc. (PRM-32-3).............................. 94*
vii
t P2M Amersham Corporation (PRM-35-8)........................................
95 American College of Nuclear Physicians and the Society of Nuclear t
Medicine (PRM-35-9)..................................................
96 Free Envi ronment, Inc., et al. (PRM-50-20).............................
98 The Ohio Citizens for Responsible Energy (PRM-50-53)..................
100 l
Public Citizen (PRM-50-54)............................................
102 v
Yankee Atomic Electric Company (PRM-50-55)............................
103 l
Richard P. Grill (PRM-50-56)..........................................
104*
Department of Energy (PRM-60-3).......................................
105 States of Washington and Oregon (PRM-60-4)............................
106 (D) Petitions with deferred action i
None j'
l l
5 l'
viii
Preface The Regulatory Agenda is a quarterly compilation of all rules on which the NRC has recently completed action, or has proposed action, or is considering action, and of al.1 petitions for rulemaking that the NRC has received that are pending disposition.
OrsAnintion of th_e Aaenda lhe agenda consists of two sections that have been updated throLgh December 31, 1991. Section 1, " Rules," includes (A) rules on which final action has been taken since September 30, 1991, the closing date of the last NRC Regulatory Agenda; (B) rules published previously as proposed rules on which the Commission has not taken final action; (C) rules published as advance notices of proposed rulemaking for which neither a proposed nor final rule has been issued; and (D) unpublished rules on which the NRC expects to take action.
Section 11, " petitions for Rulemaking," includes (A) petitions denied or petitions incorporated into final rules since September 30, 1991; (B)ff review, and incorporated into proposed rules; (C) petitions pending sta (D) petitions with deferred action.
In Section I of the agenda, the rubs are ordered from the lowest to the highest part within Title 10, Chapter 1, of the Code of federal Regulations (litle 10).
If more than one rule appears under the same part, the rules are arranged within that part by date of most recent publication.
if a rule amends multiple parts, the rule is listed under the lowest affected
- part, in Section 11 of the agenda, the petitions are ordered from the lowest to the highest part of Title 10 and are identified with a petition for rulemaking (pRM) number, if more than one ~ 31 tion appears under the same CFR > art, the petitions are arranged by PRh numbers in consecutive order wit 11n that part of-Title 10.
A Regulation Identifier Number (RIN) has been added to each rulemaking agenda entry. This identification number will make it easier for the public,,
49ency officials to track the publication history of regulatory actions.
The dates listed under the heading " Timetable" for scheduled action by the Commission or the Executive Director for Operations (E00) on particular rules or petitions are considered tentative and are not binding on the Commission or its staff.
They are included for )lanning purposes only. This Regulatory Agenda is published to provide tie public early notice and opportunity to participate in the rulemaking process. However, the NRC may consider or act on any rulemaking proceeding even if it is not included in this Regulatory Agenda, ix
lhdestinos ADoroved by the Executive Director for Operations (ED01 The Executive Director for Operations initiated a procedure for the review of the regulations being prepared by staff offices that report to him to ensure that staff resources were being allocated to achieve most effectively NRC's regulatory priorities. This procedure requires fD0 approval before staff resources may be expended on the development of any new rulemaking.
Furthermore, all existing rules must receive EDO approval prior to the comitment of additional resources.
1 hose unpublished rules whose further development has been terminated will be noted in tMs edition of the agenda and deleted from subsequent editions.
Ru.ws whose termination was directed subsequent to publication of a notice of proposed rulemaking will be removed from the agenda after publication of a notice of withdrawal.
Rules and Petitions for Rulemaking that appear on the agenda for the first time are identified by an asterisk
(*).
Public Part'icipation in Rulemaking Coments on any rule in the agenda may be sent to the Secretary of the Commission, U.S. Nuclear Regulatory Comission, Washington, DC 20555, Attention:
Docketing and Service Branch.
Comments may also be hand delivered to One White Flint North,11555 Rockville Pike, Rockville, Maryland, between 7:30 a.m. and 4:15 p.m., federal workdays.
Coments received on rules for which the coment seriod has closed will be considered if it is practical to do so, out assurance of consideration cannot be given except as to coments received on or before the closure dates specified in the agenda.
The agenda and any comments received on any rule listed in the agenda are available for public inspection, and copying for a fee, at the Nuclear Regulatory Comission's Public Document Room, 2120 L Street, NW. (Lower Level), Washington, DC, between 7:45 a.m. and 4:15 p.m.
Additional Rulemakino Information
-For further information concerning NRC rulemaking procedures or the status of any rule listed in this agenda, contact Betty Golden, Regulations Specialist, Regulatory Publications Branch, Division of freedom of Information and Publications Services, Office of Administration, U.S.
Nuclear Regulatory Comission, Washington, DC 20555, Telephone (301) 492-4268 (persons outside the Washington, DC metrepolitan area may call toll-free:
800-368-5642).
For further-information on the substantive content of any rule listed in the agenda, contact the individual listed under the heading " Agency Contact" for that rule.
X
IHULES m'
(A) Rules on which final action has been taken since September 30, 1991 I
TITLE:
Material Control and Accounting Requirements for Uranium Enrichment facilities Producing Special Nuclear Material of Low Strategic Significance p
RIN:
i 3150-AD56 CFR CITATION:
10 CFR 2; 10 CFR 40; 10 CFR 70; 10 CFR 74 i
ABSTRACT:
The final rule amends the Commission's regulations to establish material control and accounting requirements for special nuclear material of low strategic significance at uranium enrichment plants, including requirements to detect and prevent enrichment above a specified maximum.
TIMETABLE:
Final Action Published 10/31/91 56 FR $5991 Final Action Effective 12/02/91 LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:
Gordon Gundersen Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3803 i
TITLE:
Nuclear Power Plant License Renewal RIN:
3150-AD04 CFR CITATION:
10 CFR 2; 10 CFR 50; 10 CFR 54; 10 CFR 140 ABSTRACT:
The final rule amends the Commission's regulations to establish the requirements that an applicant for renewal of a nuclear power plant operating license must meet, the information that must be submitted to the NRC for review so that the agency can determine whether those requirements have in fact been met, and the application procedures. 1he rule provides the regulatory requirements for extending nuclear power plant operating licenses beyond 40 years.
TIMETABLE:
Final Action Published 12/13/91 56 FR 64943 Final Action Effective 01/13/92 LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
George Sege Nuclear Regulatory Commission Office of' Nuclear Regulatory Research Washington, DC 20555 301 492-3904 l-
TITLE:
Revision of Definition of Meeting RIN:
3150-AC78 CFR CITATION:
10 CFR 9 ABSTRACT:
The troposed rule would return the definition of " meeting" to its pre-1985 wording.- The Commission has determined that this rule is unnecessary. Therefore, this rule has been terminated.
TIMETABLE:
Terminated 07/25/89 LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
Marjorie Nordlinger.
Nuclear Regulatory Commission Office of the General Counsel Washington, DC 20555 301 504-1607 4
3
TITLE:
Salary Offset Procedures for Collecting Debts Owed by Federal Employees to the Federal Government RIN:
3150-AD44 CFR CITATION:
10 CFR 15; 10 CFR 16 ABSTRACT:
The final rule amends the Commission's regulations to establish collection procedures enabling the NRC to recover certain debts (by deductions from pay) which are owed by Federal employees to the NRC and other Federal agencies.
The final rule conforms NRC regulations to the Debt Collection Act of 1982 which requires each agency to establish a salary offset program for the collection of these debts.
TIMETABLE:
Final Action Published 10/16/91 56 FR 51829 Final Action Effective 11/15/91 LEGAL AUTHORITYi 5 USC 5514; 31 USC 3711; 31 USC 3716; 31 USC 3717; 31 USC 3718; 42 USC 2201; 42 USC 5841 EFFECTS ON SP/' L BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:
Diane B. Dandois Nuclear Regulatory Commission Office of the Controller Washington, DC 20555 301 492-7225 4
- Exclusion of Attorneys from Interviews Under Subpoena RIN:
3150-AE09 CFR CITATION:
10 CFR 19 ABSTRACT:
The Nuclear Regulatory Commission is revoking its regulations pertaining to exclusion of attorneys from interviews under subpoena.
These regulations were vacated upon judicial review by the United SteD - Court of Appeals for the District of Columbia Circuit.
TIMETABLE:
Final Action Published 12/19/91 56 FR 65948 Final Action Effective 01/21/92 LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 l
EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
t' Roger K. Davis Nuclear Regulatory Commission l
Office of the General Counsel Washington, DC 20555 301 504-1606 1
l l
5
TITLE:
Emergency Telecommunications System Upgrade RIN:
3150-A039 CFR CITATION:
10 CFR 50 ABSTRACT:
The proposed rule would amend the Commission's regulations to require the implementation of the NRC's Emergency Telecom-munications System (ETS) upgrade at all licensed nuclear power plants and selected fuel cycle facilities.
The Office for Analysis and Evaluation of Operational Data, Office of Nuclear Regulatory Research, Office of the Secretary and the Office of the Executive Director for Operations have determined that there is no longer a need for this rulemaking item.
Therefore, this rule has been terminated, effective October 15, 1991.
TIMETABLE:
Terminated 10/15/91 LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
Markley Au Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3749 6
l TITLE:
- Revision of fee Schedules; 100% fee-Recovery; Clarification of Size Standards RIN:
3150-AE05 CFR CITATION:
10 CFR 171 ABSTRACT:
The final rule amends the Commission's regulations concerning the payment of annual fees to clarify the provisions that identify the size standards used to determine whether an NRC licensee would qualify as a "small entity" under the Regulatory flexibility Act for the purpose of paying a reduced annual fee.
This clarifica-tion is necessary because the size standards presented in the regulations did not clearly indicate the complete range of size standards adopted by the NRC.
TIMETABLE:
Final Action Published 11/13/91 56 FR 57587 Final-Action Effective 11/13/91 LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
Yes AGENCY CONTACT:
Donnie Grimsley Nuclear Regulatory Commission Office of Administration Washington, DC 20555 301 492-7211 l
l 7
l
(B) Proposed Rules 6
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..... -. - -. ~,. -.. -. _ - - - - -. -. _. - - -
TITLE:
Procedures involving the Equal Access to Justice Act:
Implementation RIN:
3150-AA01 CFR CITATION:
The pro)osed rule would implement the Equal Access to Justice Act (EAJA) ay providing for the payment of fees and expenses to certain eligible individuals and businesses that prevail in agency adjudications when the agency's aosition is determined not to have been substantially justified.
111s proposed regulation is modeled after rules issued by the Administrative Conference of the United States (ACUS) and has been modified to conform to NRC's established rules of practice.
The proposed rule would further the EAJA's intent to develop government-wide, " uniform" agency
-regulations and would describe NRC procedures and requirements for the filing and disposition of EAJA applications. A draft final rule was sent to the Commission in June 1982, but Commission action was suspended pending a decision by the Comptroller General on the. availability of funds to pay awards to intervenor parties.
This issue was also the subject of litigation in Business and Professional Peonje or Public Interest v. NRC, 793 f.2d 1366 (D.C.
Cir. 1986).
Additionally, in August 1985, the President signed into law, Pub.
L. No. 99-80, an enactment renewing and revising the EAJA after its expiration under.a statutory sunset requirement.
The rule is being reevaluated to determine the agency adjudications that fall within the EAJA's coverage.
TIMETABLE:
Proposed Action Published 10/28/81 46 FR 53189 Proposed Action Comment Period Ends 11/28/81 Next Action Undetermined LEGAL AUTHORITY:
5 USC 504 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY C0iiTACT:
John Cho Nuclear Regulatory Commission Office of the General Counsel Washington, DC 20555 301 504-1585 9
TITLE:
Revision to Procedures to issue Orders:
Challenges to Orders that are Made immediately Effective RIN:
3150-AD60 CFR CITATION:
10 CFR 2 ABSTRACT:
The proposed rule would amend the Commission's regulations governing orders to provide for the expeditious consideration of challenges to orders that are made immediately effective.
The proposed amendments specifically allow challenges to the immediate effectiveness of an order to be made at the outset of a proceeding and provide procedures for the expedited consideration and disposition of these challenges.
The proposed amendments would also require that challenges to the merits of an inmediately effective order be heard expeditiously, except where good cause exists for delay.
TIMETABLE:
Proposed Action Published 07/05/90 55 FR 27645-Proposed Action Comment Period Ends 09/04/90 Final Action Published 03/00/92 LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:
John Cho Nuclear Regulatory Commission Office of the General Counsel Washington, DC 20555 301 504-1585 10
TITLE:
Uranium Enrichment Regulations RIN:
3150-AD90 CFR CITATION:
10 CFR 2; 10 CFR 40; 10 CfR 50; 10 CFR 51: 10 CFR 70; 10 CFR 75; 10 CFR 110; 10 CFR 140; 10 CFR 150; 10 CFR 170 ABSTRACT:
The proposed rule would amend the Commission's regulations governing the licensing of uranium enrichment facilities to conform to the Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990, which amended the Atomic Energy Act (the Act).
The principal amendment changed the definition of a production facility to exclude uranium enrichment.
Licensing of uranium enrichment plants will be performed pursuant to 10 CFR Parts 40 and 70, rather than 10 CFR Part 50.
A new Section 193 of the Act revised the requirements for licensing of enrichment facilities with respect to environmental review, adjudicatory hearings, inspection and operation, insurance and deconnissioning, and indemnification. The proposed rule presents a number of administrative and conforming changes to 10 CFR Chapter I necessary to implement the requirements of the Act.
TIMETABLE:
Proposed Action Published 09/16/91 56 FR 46739 Proposed Action Comment Period Ends 12/02/91 Final Action to EDO 03/09/92 Final Action to Commission 04/07/92 Final Action Published 05/07/92 LEGAL AUTHORITY:
Sections 53, 63, 161b, 193 of the Atomic Energy Act of 1954, as amended EFFECTS ON SMALL BUSINESS AND OTHER' ENTITIES:
No AGENCY CONTACT:
Charles W. Nilsen Nuclear Regulatory Connission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3834 j
11
TITLE:
DOE-L or DOE-Q Reinvestigation Program for NRC-R Access Authorization Renewal Requirements RIN:
3150-AE03 CFR CITATION:
10 CFR 11 ABSTRACT:
The proposed rule would amend the Commission's regulations to allow an exception to NRC-R access authorization renewal requirements. The proposed rule would allow acceptance of the DOE-L or 00E-Q Reinvestigation Program for NRC-R access authorization renewal requirements and clarify for the licensee the documentation required by the NRC when an exception is used.
The proposed rule is intended to reduce administrative and investigative costs to the licensee and administrative costs to the Federal government.
TIMrTABLE:
Proposed Action Published 09/30/91 56 FR 49435 Proposed Action Comment Period Ends 10/30/91 Final Action Published 01/22/92 LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
Rocio Castaneira Nuclear Regulatory Commission Office of Nuclear Material Safety and Safeguards Washington, DC 20555 301 504-2392 12
TITLE:=
- Exclusion-of Attorneys fromLinterviews Under Subpoena ^
RIN:: l-3150-AEll
,CFR CITATION:
-10 CFR 19
-ABSTRACT:
The proposed rule would amend the Commission's regulations to-provide for the exclusion of counsel from interviews of a
. subpoenaed witness when that counsel represents multiple-
- interests and there is-concrete evidence that such represen-tation would obstruct and impede the~ investigation.
The proposed amendments are not expected toihave any economic
-impact on the.NRC or.its licensees.
Concurrently, the NRC -
published' a: final rule (December-19,1991;56FR46548) revoking;its previously published attorney exclusion-regulations..Those regulations were vacated upon judicial review.
TIMETABLE:-
12/19/91 56 FR 65949 Proposed Action Published Proposed Action Comment. Period Ends 02/18/92 Final Action Published Undetermined LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:L Roger K. Davisi Nuclear Regulatory Commission Office of the General Counsel
~ Washington, DC'20555 -
301 504-1606 L
13 l.
TITLE:
Licenses and Radiation Safety Requirements for Large Irradiators RIN:
3150-AC98 CFR CITATION:
10 CFR 19; 10 CFR 20; 10 CFR 21; 10 CFR 30; 10 CFR 36; 10 CFR 40; 10 CFR 51; 10 CFR 70; 10 CFR 170 ABSTRACT:
The proposed rule would develop regulations to specify radiation safety requirements and license requirements for the use of licensed radioactive materials in large irradiators.
Irradiators use gamma radiation to irradiate products to change their characteristics in some way.
The requirements would apply to large panoramic irradiators (those in which the radioactive sources and the material being irradiated are in a room that is accessible to personnel while the source is shielded) and certain large, self-contained irradiators in which the source always remains under water.
The rule would not cover small, self-contained irradiators, instrument calibrators, medical uses of sealed sources (such as teletherapy), or non-destructive testing (such as industrial radiography).
The alternative to a regulation is continuing to license irradiators on a case-by-case basis using license conditions.
The formalization would make the NRC's requirements better understood and possibly speed the licensing of irradiators.
TIMETABLE:
Proposed Action Published 12/04/90 55 FR 50008 Proposed Action Comment Period Ends 03/04/91 Proposed Action Comment Period Extended to 04/15/91 Final Action to EDO 01/31/92 Final Action to Commission 02/17/92 Final Action Published 03/30/92 LEGAL AUTHORITY:
42 USC 2073; 42 USC 2093; 42 USC 2111; 42 USC 2232; 42 USC 2233; 42 USC 2273; 42 USC 5842 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
Yes AGENCY CONTACT:
Stephen A. McGuire Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3757 14 l
TITLE:
Disposal of Waste Oil by incineration from Nuclear Power Plants RIN:
3150-Atl4 CFR CITATION:
10 CFR 20 ABSTRACT:
The proposed rule, which was initiated in partial response to a petition filed by Edison Electric Institute and Utility Nuclear Waste Management Group (PRM 20-15, dated July 31,1984), would amend NRC regulations to allow onsite incineration of waste oil at nuclear power plants subject to specified conditions. Currently, the only approved disposal method for low-level, radioactively contaminated waste oil from nuclear power plants involves absorption or solidification, transportation to, and burial at a licensed disposal site.
There is a clear need to allow, for very low activity level wastes, the use of alternative disposal methods which are more cost effective from a radiological health and safety standpoint and which conserve the limited disposal capacity of low-level waste burial sites.
Increased savings to both the public and the industry could thereby be achieved without imposing additional risk to the public health and safety.
Alternatives to this rulemaking action are to maintain the status quo or to wait until the Environmental Protection Agency develops standards on acceptable levels of radioactivity which may be released to the environment on an unrestricted basis.
TIMETABLE:
Proposed Action Published 08/29/88 53 FR 32914 Proposed Action Comment Period Ends 10/28/88 Final Action to Offices for Concurrence 12/15/89 Final Action to EDO 10/05/90 Revised Final Action to E00 03/21/91 Final Action to Commission Undetermined Final Action Published Undetermined LEGAL AUTHORITY:
42 USC 2201; 42 USC 2167; 42 USC 2073 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No i
15 l
l
i TITLE:
Disposal of Waste 011 by Incineration from Nuclear Power Plants AGENCY CONTACT:
Catherine R. Mattsen Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3638 16
TITLE:
Access Authorization Reinvestigation Program for Licensee Personnel RIN:
3150-AD86 CfR CITATION:
10 CFR 25 ABSTRACT:
The proposed rule would establish a reinvestigation program for licensee personnel with NRC "Q" and "L" access authorizations.
The amendment is necessary to ensure uniformity in the investigative. requirements for "Q" and "L" access authorizations.
Currently, NRC requires a reinvestigation every five years for its employees, consultants, experts, and panel members with "Q" and "L" access authorization, but no routine reinvestigation for licensee personnel with the same level of access authorizations.
A recommendation was made in the 1988 GA0 Report, "NRC's Security Clearance Program Can Be Strengthened," and amplified in 1989 hearings before Congressman Synar, that NRC have a reinvestightion program for its "L" cleared employees, consultants, experts, and panel members. The rationale behind'that recommendation applies equally to cleared licensee personnel. There is no alternative to rulemaking that would accomplish the requirement of a reinvesti-gation program for licensee personnel with "Q" or "L" access authorization.
The proposed rule would require that licensee personnel whose access authorizations were granted five or more years ago be subject to a reinvestigation similar in scope to that required for NRC employees. This will have no known impact on the public because only licensee personnel who require access to classified National Security Information or Restricted Data for a period of five years or more will be affected.
The proposed rule would affect approximately 31 licensees or license applicants who have personnel with such access authorizations.
The impact on these licensees will be limited because (1) not all employees requiring access to classified information require the access for a continuous period exceeding five years, and (2) many of the people who would be affected by this rule are covered by a DOE reinvestigation program for its contractors and those reinvestigations would be acceptable as meeting NRC's requirements.
The proposed rule would establish consistency in the requirements for all NRC and licensee personnel who have "Q" and "L" access authorization, which will help assure continued eligibility for such authorization.
The proposed rule would also provide increased assurance of the continuing trustworthiness of affected personnel.
17 l
l TITLE:-
Access Authorization Reinvestigation-Program for Licensee Personnel
-TIMETABLE-Proposed Action Published- 07/31/91 56 FR 36113 Proposed Action Comment Period Ends: 09/13/91-Final Action for Division Review 12/02/91 Office Concurrence on Final Action Completed 12/20/91 Final Action to EDO 01/31/92 Final Action Published- 04/15/92:
LEGAL AUTHORITY:
42 USC 2165; 42 USC 2201; 42 USC 2273; 42 USC 5841; E.O. 10865; E.0. 12356-EFFECTS ON SMALL BUSINESS AND OTHER-ENTITIES: No AGENCY CONTACT:
-Duane G. Kidd Nuclear Regulatory Commission Office of-Administration Washington, DC 20555 301-492-4127 T
T 18
. -~
TITLE:.
Decomissioning Recordkeeping and License Termination:
Documentation Additions
~~
LRIN:
3150-AD98 CFR CITATION:
10 CFR 30; 10 CFR 40; 10 CFR 50; 10 CFR 70; 10 CFR 72 4
ABSTRACT:
The proposed rule, in conjunction with the decommissioning rule published on June 27,1988 (53 FR 24018), would modify the Commission's decommissioning regulations to make them more specific and more easily implemented.
Current regulations require recordkeeping provisions as well as termination plans or their equivalent to' be filed with the Commission.at cessation of operations. However, no explicit requirements are specified in current rules aertaining to a listing-of the land, structures, and equipment of t1e licensed facility; nor are any. explicit requirements specified pertaining to submittal of an operating history at the time of submittal of final plans as well-as prior to license termination. This-type of information is important to
-ensure _that all features and aspects of. the facility and its attendant activities that could have potential for resulting in radioactive contamination have been dealt with in the decommissioning. process and that a record exists that can be stored for future reference which contains the relevant features of the license termination. process requirements.
s There does not appear to be any reasonable alternative to rulemaking action. However, it is expected that most of the information explicitly required =in the prolosed amendments will already, ~or with minimal effort, be availa)1e (based on the exis. ting rule's recordkeeping' requirements). While proposed-amendments will affect all. licensees, it is anticipated that the requirements williplace minimal burden on them. Moreover, ensuring that1the information.is explicitly available should help expedite NRL approval of licensee decommissioning activities and
-may reduce the overall licensee and.NRC efforts required to terminate a license.
TIMETABLE:
Proposed Action Published 10/07/91 56 FR 50524-Proposed Action Comment Period Ends 12/23/91 Final Action to ED0 03/30/92 Final-Action to Commission -04/15/92 y
Final Action. Published 05/29/92 LEGAL AUTHORITY:
42 USC 2201;-42 USC 5841 l:
TITLE:
Decomissioning Recordkeeping and License Termination:
Documentation Additions EFTECTS ON SMALL BUSINESS AND OTHER ENTITIES: Yes AGENCY CONTACT:
Carl Feldman Nuclear Regulatory Comission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3883 l
\\
l 20
TITLE:
Requirements for Possession of Industrial Devices Containing Byproduct Material RIN:
3150-AD34 CFR CITATION:
10 CFR 31; 10 CFR 32 ABSTRACT:
The proposed rule would amend the Commission's regulations for the possession of industrial devices containing byproduct material to require device users to report to the NRC initially and then on a periodic basis. The proposed report would indicate that the device is still in use or to whom the device has been transferred.
The proposed rule would be the most efficient method, considering the number of general' licensees and the number of devices currently in use, for assuring that devices are not improperly transferred or inadvertently discarded.
The proposed rule is necessary to avoid unnecessary radiation exposure to the public that may occur when an improperly discarded device is included in a batch of scrap metal for reprocessing.
The proposed rule would also avoid the unnecessary expense involved in retrieving the manufactured items fabricated from contaminated metal.
The proposed rule would impose a small burden on device users and the NRC.
TIMETABLE:
Proposed Action Published 12/27/91 56 FR 67011 Proposed Action Comment Period Ends 03/12/92
' Final Action Published 08/00/92 LEGAL AUTHORITY:
42 USC 2111; 42 USC 2114; 42 USC 2201 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
Yes AGENCY CONTACT:
Joseph J. Mate Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3795 l
21 l
TITLE:
Decommissioning Funding for Prematurely Shutdown Power Reactors RIN:
3150-AD89 CFR CITATION:
10 CFR 50 ABSTRACT:
The proposed rule would amend the Commission's regulations on the timing of the collection of funds for decommissioning for those
-nuclear power reactors that have shut down before the expected end of.their operating lives, The proposed rule would require that the NRC evaluate decommissioning funding plans for power reactors that shut down prematurely on a case-by-case basis, TlHETABLE:
Proposed Action Published 08/21/91 55 FR 41493 Proposed Action Comment Period Ends 11/04/91 Complete Analysis of Comments 01/06/92 Recommendation to Commission 02/07/92 LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
Robert Wood Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Washington, DC 20555 301 492-1255 22
TITLE:
Codes and Standards for Nuclear Power Plants (ASME Code, 1986/1987/1988 Addenda, 1989 Edition)=
RIN:
3150-AD05 CFR CITATION:
10 CFR 50 ABSTRACT:
The proposed rule would incorporate by reference the 1986 Addenda, the 1987 Addenda, the 1988 Addenda, and the 1989 Edition of Section-III, Division 1, and Section XI, Division 1, with two specified modifications, of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code), Also, the proposed amendinent would impose augmented examination of reactor vessel shell welds and would separate the requirements for inservice testing from those for inservice inspection by placing the requirements for inservice testing in a separate paragraph.
The ASME Code provides rules for the construction of light-water-reactor nuclear power plant components in Section Ill, Division 1, and provides rules for the inservice inspection and inservice testing of those components in Section XI, Division 1.
The proposed rule would update the existing reference to the ASME Code and would thereby permit the use of improved methods for the construction, inservice inspection, and inservice testing of nuclear power plant components.
Incorporating by reference the latest addenda of the ASME Code would save applicants / licensees and the NRC staff both time and effort by providing uniform detailed criteria against which the staff could review any single submission.
In addition, the proposed rule would require licensees to augment their reactor vessel examination by imple-menting the expanded reactor vessel shell weld examinations specified in the 1989 Edition of Section XI and would clarify-the existing requirements in the regulation for inservice inspection and inservice testing.
This action will be handled as a routine updating of 10 CFR 50.55a of the NRC regulations.
There is no reasonable alternative to rulemaking action.
TIMETABLE:
Proposed Action Published 01/31/91 56 FR 3796 Proposed Action Comment Period Ends 04/16/91 L
23 I
TITLE:
Codes and Standards for Nuclear Power Plants (ASME Code, 1986/1987/1988 Addenda, 1989 Edition)
TIMETABLE:
(CONT)
Final Action Submitted for Division Review 09/24/91 Final Action to CRGR 02/03/92 Final Action to EDO 02/17/92 Final Action Published 03/16/92 LEGAL AUTHORITY:
42 USC 2201, 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
Gilbert C. Millman Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3848 24
TITLE:
Primary Reactor Containment Leakage Testing for Water-Cooled Power Reactors RIN:
31EO-AA86 CFR CITATION:'
10 CFR 50; Appendix J ABSTRACT:
The proposed rule would update and revise the 1973 criteria for preoperational and periodic pressure testing for leakage of primary containment boundaries of water-cooled power reactors.
Problems have developed in application and interpretation of the existing rule. These result from changes in testing technology, test criteria, and a relevant national standard that needs to be recognized. The proposed revisions would make the rule current and improve its usefulness.
The revision is urgently needed to resolve continuing conflicts between licensees and NRC inspectors over interpretations, current regulatory practice which is no longer being reflected accurately by the existing rule, and endorsement in the existing regulation of an obsolete national standard that was replaced in 1981.
The benefits anticipated include elimination of inconsistencies and obsolete requirements, and the addition of greater usefulness and a higher confidence in the leak-tight integrity of containment system boundaries under post-loss of coolant accident conditions.
The ma,jority of the effort needed by NRC to issue tha rule has already been expended.
A detailed analysis of costs, benefits, and occupational exposures is available in the Public Document Room, and indicates possible savings to industry of 514 million to $300 million and an increase in occupational exposure of less than 1 percent per year per plant due to increased testing.
TIMETABLE:
Proposed Action Published 10/29/86 51 FR 39538 Proposed Action Comment Period Extended 04/24/87 52 FR 2416 CRGR Briefings 10/24/90, 01/23/91, 02/12/91 ACRS Review 05/09/91 Final Action to EDO 10/18/91 Final Action to Commission 10/25/91 l
Final Action Published 02/14/92 25
TITLE:
Primary Reactor Containment Leakage Testing for Water-cooled Power Reactors LEGAL AUTHORITY:
42 USC 2133; 42 USC 2134; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:
Gunter Arndt
)
Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3814 26
TITLE:
Amendment to 10 CFR 51.51 and 51.52, Tables S-3 and S-4, Addition of Radon-222 and Technetium-99 Radiation Values, and Addition of Appendix B. " Table S-3 Explanatory Analysis" RIN:
3150-AA31 CFR CITATION:
10 CFR 51 ABSTRACT:
The proposed rule amends the Table of Uranium Fuel Cycle Environmental Data (Table S-3) by adding new estimates for potential releases of technetium-99 and radon-222, and by updating other estimates.
The proposed rule's Appendix B to Subpart A (narrative explanation), also describes the basis for the values contained in Table S-3, explains the environmental effects of these potential releases from the LWR fuel Cycle, and postulates the potential radiation doses, health effects, and environmental impacts of these potential releases.
The proposed rule also amends 10 CFR 51.52 to modify the enrichment value of U '235 and the maximum level of average fuel irradiation-(burnup in megawatt-days of thermal power per metric ton of uranium).
The narrative explanation also addresses important fuel cycle impacts and the cumulative impacts of the nuclear fuel cycle for the whole nuclear power industry so that it may be possible to consider these impacts generically rather than repeatedly in individual, licensing proceedings, thus reducing potential litigation time and costs for both NRC and applicants.
The proposed revision of 10 CFR 51.51 and the addition of Appendix B was published for public review and comment on March 4,1981 (46 FR 15154).- The final rulemaking was deferred pending the outcome of. a suit (Natural Resources Defense Council, et~al. v. NRC, No. 74-1486) in the U.S. Circuit Court of Appeals.
The U.S.- Court of Appeals (D.C. Circuit) decision of April 27, 1982, invalidated the entire Table S-3 rule. The Supreme Court reversed this decision on June 6, 1983.
The proposed rule to provide an. explanatory narrative for Table S-3 has been revised to reflect new modeling developments during the time the rulemaking was deferred.
Final action on the Table S-3 rule was held in abeyance until new values for radon-222 and
' technetium-99 could be added to the table and covered in the narrative explanation.
The rule is being reissued as a proposed l
rule because the scope has been expanded to include radiation values for radon-222 and technetium-99 and the narrative explanation has been extensively revised from that published on March 4, 1981-(46 FR 15154).
27
TITLE:
Amendment to 10 CFR 51,51 and 51.52, Tables S-3 and S-4, Addition of Radon-222 and Technetium-99 Radiation Values, and Addition of Appendix B, " Table S-3 Explanatory Analysis" TIMETABLE:
Proposed Action Published 03/04/81 46 FR 15154 Proposed Action Comment Period Ends 05/04/81 Proposed Action for Division Review 05/27/88 Proposed Action for Office Review 12/20/90 Proposed Action to ED0 Undetermined Proposed Action Published Undetermined LEGAL AUTHORITY:
42 USC 2011; 42 USC 2201; 42 USC 4321; 42 USC 5841; 42 USC 5842 EFFECTS ON SHALL BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:
Stanley Turel Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington,'DC 20555 301 492-3739 28
TITLE: License Renewal for Nuclear Power Plants; Scope of Environmental Effects RIN:
3150-AD63 CFR CITATION:
10 CFR 51 ABSTRACT:
The proposed rule would amend the Commission's regulations to establish new requirements for environmental review of applications for renewal of nuclear power plant operating licenses. The proposed rule would define the number and scope of environmental issues which would need to be addressed as part of a license renewal application.
TIMETABLE:
ANPRM Published 07/23/90 55 FR 29964 ANPRM Comment Period Ends 10/22/90 Proposed Action Published 09/17/91 56 FR 47016 Proposed Action Comment Period Ends 12/16/91 Proposed Action Comment Period Extended to 03/16/91 Final Action Published 09/30/92 LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841; 42 USC 5842 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:
Donald P. Cleary Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3936 29 I
l
TITLE:
Elimination of Inconsistencies Between NRC Regulations and EPA HLW Standards RIN:
3150-AC03 CFR CITATION:
10 CFR 60 ABSTRACT:
The proposed rule would eliminate several inconsistencies with the EPA standards to be develo)ed for the disposal of HLW in deep geologic repositories.
Tae Nuclear Waste Policy Act of 1982 (NWPA) directs NRC to promulgate criteria for the licensing of HLW geologic repositories.
Section 121 (c) of this act states that the criteria for the licensing of HLW geologic repositories must be consistent with these standards.
The proposed rule is needed in order to eliminate several inconsistencies with the EPA standards, thus fulfilling the statutory requirement.
Because the NWPA directs NRC to eliminate inconsistencies between Part 60 and the EPA standard, the alternatives to the proposed action are limited by statute.
The public, industry, and NRC will benefit from eliminating inconsistencies in Federal HLW regulations. NRC resources needed would be several staff-years but will not include contract resources.
Because the Federal Court' invalidated the EPA standards, action on this rule, which is in response to the EPA standards, is undetermined.
TIMETABLE:
Proposed Action Published 06/19/86 51 FR 22288 Proposed Action Comment Period Ends- 08/18/86 Final Action to Offices for Concurrence 07/15/87 Final Action to EDO 07/20/87 Revised Proposed Action Published Undetermined Final Action Published Undetermined LEGAL AUTHORITY:
42 USC 10101
)
EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
Janet Lambert Nuclear Regulatory Commission Office of Nuclear Regulatory Research L
Washington, DC 20555 301 492-3855 30
TITLE:
Minor Amendments to the Physical Protection Requirements RIN:
3150-AD03 CFR CITATION:
10 CFR 70; 10 CFR 72; 10 CFR 73; 10 CFR 75 ABSTRACT-The proposed rule would amend the Commission's regulations dealing with physical protection requirements that are out of date, susceptible to differing interpretations, or in need of i
clarification. These problems were identified by a systematic revieu of the agency's safeguards regulations and guidance documents corvucted by the Safeguards Interoffice Review Group (SIRG).
In addition, the-staff had identified other areas in the regulations where minor changes are warranted.
in response to i
these efforts, specific amendments to the regulations are being proposed.
The proposed changes would:
(1) add definitions for common terms not currently defined; (2) delete action dates that no long6r apply; (3) correct outdated terms and cross references; (4) clarify wording that is susceptible to differing interpretations; (5) correct typographical errors; and (6) make other minor changes.
The alternative to rulemaking would be to allow the status quo to continue.
These minor amendments affect the public, industry and
+he NRC only in so far as they make the regulations easier to derstand, implement, and enforce.
T IME1, i:
h oposed Action Published 08/15/89 54 FR 33570 Proposed Action Comment Period Ends 09/29/89 final Action for Office Review 05/13/91 Final Action to ED0 Undetermined final Action Published Undetermined LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EffECH ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
Stanley P. Turel Nuclear Regulatory Conynission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3739 31
TITLE:
Transportation Regulations: Compatibility With the International Atomic Energy Agency (IAEA)
O!N:
3150-AC41 CFR CITATION:
10 CFR 71 ABSTRACT:
The pro >osed rule would, in conjt.netton with a corresponding rule change )y the U.S. Department of Transportation, make the United States federal regulations for the safe transportation of radioactive material consistent with those of the International Atomic Energy Agency (IAEA) Regulations for the Safe Transport ofThe IAEA Safety Series No. 6, j
Radioactive Material," 1985 Edition.
Consistency in j
transportation regulations throughout the world facilitates the j
free movement of radioactive materials between countries for medical, research, industrial, and nuclear fuel cycle surposes.
Consistency of transportation regulations throughout t)e world also contributes to safety by concentrating the efforts of the world's experts on a single set of safety standards and guidance (those of the IAEA) from which individual countries can develop their domestic regrintions, in addition, 15 accident ex)erience of every country tM,t bases its domestic regulations on tiose of the !AEA can be applied by every other country with consistrnt regulat' ions to improve its safety program. The action will be handled as a routine updating of NRC transportation regulations.
There is no reasonable alternative to rulemaking action.
These changes should result in a minimal increase in costs to affected licensees.
Proposed changes to 10 CFR Part 71, based on current IAEA regulations, have been issued for public comment.
TlHETABLE:
Proposed Action Published 06/08/88 53 FR 21550 Proposed Action Comment Period Extended to 03/06/89 53 FR 51281 Proposed Action Comment Period Extended to 60 days after publication of 00T proposed rule 04/04/89 54 FR 13528 00T Proposed Rule Published 11/14/89 54 FR 47454 Proposed Action Comment Period Ends 02/09/90 Final Action to ED0 Undetermined Final Action to Commission Undetermined final Action Published Undetermined LEGAL AUTHORITY:
42 USC 2073; 42 USC 2093; 42 USC 2111; 42 USC 2232; 42 USC 2233; 42 USC 2273;.42 USC 5842 32 i
TITLE:
Transportation Regulations: Compatibility With the International Atomic Energy Agency (IAEA)
EFFECTS ON S: TALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
Donald R. Hopkins Nuclear Regulatory Comission Office of Nuclear Regulatory Research Washington DC 20$55 301 492-3784 33
.l
i TITLE:
Physical fitness Prograins and Day firing Qualifications for Security Personnel at Category I Licensee fuel Cycle facilities t
RIN:
31r.fM CFR CITr.l..,a t
10 (,fR 13, Appendix H ABSTRACT:
The proposed rule would amend the Commission's regulations to require that security personnel qualify and requalify annually on specific standardized day firing courses using all assigned weapons.
Current regulations require day firing qualification using a national police course or equivalent for handguns and an tiRA or nationally recognized course for semiautomatic weapons.. A firing course specified for shotguns is in need of revision.
Recent amendments to Part 73 added a recuirement for night firing qualification using specific, designatet firing courses. To ensure uniformity, the current day firing requirements should be compatible.
Additionally, current regulations specify that security personnel have no physical weaknesses that would adversely affect their performance of assigned job duties. However, no regulatory standards exist for assuring that security personnel are physically fit to perform their duties.
Requirements for a physical fitness program and fitness standards at Oategory I fuel cycle facilities for security personnel need to be added to the regulations in order to provide a uniform, enforceable program.
Guidance will be developed to ensure that such a program will not, at the same time, endanger the health of those participating in it.
The proposed rule would amend 10 CFR Part 73, A)pendix H, to include day firing qualification courses in eac1 type of required weapon as well as a standardized physical fitness training course and fitness standards for security personnel.
Alternatives to the rulemaking would be to allow the status quo to continue.
Standardization of day firing courses to be consistent with those established for night firing would be of negligible cost to the 3-4 affected licensees and to the NRC because day firing cualification using a variety of firing courses is already being cone.
Physical fitness training programs would incur moderate costs to the licensees in the area of personnel time and limited physical fitness equipment.
The cost to the NRC would be in the area of licensing and inspection activities.
Neither area of rulemaking affects occupational exposure.
34
TITLE:
Physical Fitness Programs and Day firing Qualifications for Security Personnel at Category I Licensee fue) Cycle facilities TIMETABLE:
Proposed Action Published 12/13/91 56 FR 65024 Proposed Action Comment Period Ends 03/13/92 final Action Published 12/31/92-LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
Harry S. Tovmassian Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3634 l
l 35
Ti1LE: Criteria for an Extraordinary Nuclear Occurrence RIN:
3150-AB01 CIR CITATION:
10 CFR 140 ABSTRACT:
The proposed rule would revise the criteria for an extraordinary nuclear occurrence (ENO) to eliminate the problems that were encountered in the Three Mile Island EN0 determination, it is desirable to get revised criteria in place in the event they are needed.
There are no alternatives to this rulemaking, as the current ENO criteria are already embodied in Subpart E of 10 CFR Part 140.
The only way to modify these criteria, as this rule seeks to do, is through rulemaking.
There is no safety impact on public health or safety.
The EN0 criteria provide legal waivers of defenses.
Industry (insurers and utilities) claims that a reduction in the ENO criteria could cause increases in insurance premiums.
The final rule will also be responsive to PRM-140-1.
TIMETABLE:
Proposed Action Published 04/09/85 50 FR 13978 Proposed Action Coment Period Ends 09/06/85 finai, Action for Division Review 02/17/87 Office Concurrence on final Action Completed 11/25/87 final Action to EDO Undetermined Final Action to Commission Undetermined final Action Published Undetermined LEGAL AUTil0RITY:
42 USC 2201; 42 USC 2210; 42 USC 5841; 42 USC 5842 EFFECTS ON SMALL BUSINESS AND OTiiER ENTITIES:
No AGENCY CONTACT:
Alan K. Roecklein t
i Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3740 36
-TITLE:
Reasserting NRC's Sole Authority for Approving Onsite low-Level Waste Disposal in Agreement States RIN:
3150-AC57 CFR CITATION:
10 CFR 150 ABSTRACT:
The proposed rule would establish NRC as the sole authority for approving onsite disposal of very low-level waste at all NRC-licensed reactors and at Part 70 facilities.
There is a need to amend i 150.15 to authorize one agency (the NRC) to regulate all onsite disposal of very low-level waste in order to provide a comprehensive regulatory review, to ensure that sufficient records of disposals are retained, to avoid unnecessary duplication of effort, and to provide greater assurance that the site can oo released for unrestricted use upon decommissioning.
TIMETABLE:
proposed Action Published 08/22/88 53 FR 31880 Proposed Action Comment Period Ends 10/21/88 final Action Published Undetermined LEGAL AUTHORITY:
42 USC 2201; 42 USC 2021; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
Harry S. Tovmassian Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3634 i
37 b
TITLE:
NRC Acquisition Regulation (NRCAR)
RIN:
3150-AC01 CFR CITATION:
48 CFR Chapter 20. Parts 1-52 ABSTRACT:
The proposed rule would amend the Comission's regulations to establish provisions unique to the NRC concerning the acquisition of goods and services.
The NRC Acquisition Regulation is necessary to implement and supplement the government-wide Federal Acquisition Regulation.
This action is necessary to ensure that the regulations governing the procurement of goods and services within the NRC satisfy the needs of the agency.
The NRC Acquisition Regulation implements the federal Acquisition Regulation within the agency and includes additional policies, procedures, solicitation provisions, or contract clauses needed to meet specific NRC needs.
TlHETABLE:
Proposed Action Publisb2d 10/02/89 54 FR 40420 Proposed Action Comment Period Ends 12/01/89 Final Action Published 07/00/92 LEGAL AUTHORITY:
41 USC 401 et seq.; 42 USC 2201 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:
William H. Foster Nuclear Regulatory Commission Office of Administration Washington, DC 20555 301 492-7348 l
38
t t
i f
I 6
1 j
(C) Advance Notices of Proposed Rulemaking i
t l
l
'l l
l l
l l
l s
i 1
TITLE:
Radioactive Waste Below Regulatory Concern; Generic Rulemaking RIN:
3150-AC35 CFR CITATION:
The advance notice of proposed rulemaking (ANPRM) sought coments on a proposal to amend NRC regulations to address disposal of radioactive wastes that contain sufficiently low quantitles of radionuclides that their disposal does not need to be regulated as radioactive.
The NRC has already published a policy statement providing guidance for filing petitions for rulemaking to exempt individual waste streams (August 29, 1986; 51 FR 30839).
It is believed that generic rulemaking could provide a more efficient and effective means of dealing with disposal of wastes below regulatory concern. Generic rulemaking would supplement the policy statement which was a response to Section 10 of the low-level Radioactive Waste Policy Amendments Act of 1985 (Pub. L.99-240).
The public was asked to comment on 14 questions.
The ANPRM requested public comment on several alternative approaches the NRC could take.
The evi 4ation of public comment together with the results from a research contract and a Below Regulatory Concern consensus building effort will help to determine whether and how NRC should proceed on the matter.
TIMETABLE:
)
ANPRM Action Published 12/02/86 51 FR 43367 ANPRM Comment Period Ends 03/02/87 Proposed Action Published Undetermined final Action Published Undetermined LEGAL AUTHORITY:
Pub. L.99-240 EFFECTS ON SMALL BUSINESS AND OTHER ENilTIES:
Undetermined AGENCY CONTACT:
James C. Malaro Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3764 39
T11LE:
Comprehensive Quality Assurance in Medical Use and a Standard of Care RIN:
3150-AC42 CFR CITATION:
10 CFR 35 ABSTRACT:
The advance notice of proposed rulemaking (ANPRM) would amend the Commission's regulations to require a comprehensive quality assurance program for medical licensees using byproduct materials.
The purp~ose of this rulemaking action is to address each source of error that can lead to a misadministration. An ANPRM was published to request public comment on the extent to which, in addition to the basic quality assurance procedures (being addressed by another rulemaking action, entitled " Basic Quality Assurance Program for Medical Use of Byproduct Material"), a more comprehensive quality assurance requirement is needed and invites advice and recommendations on about 20 questions that will have to be addressed in the rulemaking process.
TIMETABLE:
ANPRM Action Published 10/02/87 52 FR 36949 ANPRM Comment Period Ends 12/31/87 Options Paper to Offices for Concurrence 05/13/88 Options Paper on QA Rulemaking to-EDO 05/26/88 Revised Options Paper on Rulemaking to E00 05/31/88 Option Paper Completed (SECY-88-156) 06/03/88 Staff Requirements Memorandum Issued' 07/12/88 Proposed Action Published Undetermined LEGAL AUTHORITY:
42 USC 2111; 42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
Anthony Tse Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3797 40 l
~
TITLE:
Medical Use of Byproduct Material:
Training and Experience Criteria RIN:
3150-AC99 CfR CITATION:
10 CFR 35 ABSTRACT:
The advance notice of proposed rulemaking (ANPRM) discussed amending Comission regulations concerning training and experience criteria for individuals involved in the medical use of byproduct material.
Public coments on this ANPRM have been received and reviewed; a contractor has prepared a study of training, accreditation, and certification programs now in place; and in July 1990, the Office of Nuclear Material Safety and Safeguards provided their analysis and proposed course of action to the Advisory Comittee on Medical Uses of isotopes (ACMul) for consideration and response.
Based on the results of the foregoing actions, the EDO approved the withdrawal of this ANPRM on August 5, 1991.
A notice of withdrawal is scheduled to be published in the Federal Register in february 1992.
TIMETABLE:
ANPRM Published 05/25/88 53 FR 18845 ANPRM Coment Period Ends 08/24/88 Notice of Withdrawal Published 02/00/92 LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
Larry Camper Nuclear Regulatory Comission l
Office of Nuclear Material Safety and Safeguards l
Washington, DC 20555 301 504-3417 41
TITLE:
Acceptance of Products Purchased for Use in Nuclear Power Plant Structures. Systems, and Components RIN:
3150-AD10 CFR CITATION:
10 CfR 50 ABSTRACT:
The advance notice of proposed rulemaking (ANPRH) would develop regulations requiring enhanced receipt inspection and testing of products purchased for use in nuclear power plant structures, systems, and components.
These regulations are believed to be necessary to 3rovide an acceptable level of assbrance that products purciased for use in nuclear power plants will perform as ex)ected to protect the public health and safety.
This ANPRM was pualished to solicit public comments on the need for additional regulatory requirements and to obtain an improved understanding of alternatives to regulatory requirements.
TIMETABLE:
ANPRM Published 03/06/89 54 FR 9229 ANPRM Comment Period Ends 07/05/89 Analysis of Comments 11/30/89 Recommendation to Commission 01/31/92 Proposed Action Published' Undetermined LEGAL AUTHORITY:
42 USC 2201; 42 U$C 5841 EFFECTS ON SMALL BUSINESS AND OTHER EN11 TIES:
Yes AGENCY CONTACT:
Leif J. Norrholm Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Washington, DC 20555 301 504-0961 l
42
i TITLE:
import and Export of Radioactive Wastes RIN:
3150-AD36 CFR CITATION:
10 CFR 110 ABSTRACT:
The advance notice of proposed rulemaking (ANPRM) would consider amending the Comission's regulations by reexamining the existing NRC regulations for the import and export of radioactive wastes.
This action is necessary to respond to concerns that international transfers of radioactive wastes, in particular low-level radioactive wastes, may not be properly controlled.
Various options for establishing a Commission policy on the im) ort ;nd export of radio-active wastes are bein') considered.
11e Comission published this ANPRM to see( coments from th public, industry, and other government agencies on various regu'atory options and issues developed thus far.
Thirty-one coments were received on this ANPRM. The comments were received from several different sources.
TIMETABLE:
ANPRM Action Published 02/07/90 N FR 4181 ANPRM Public Comment Period Extene a to 04/24/90 03/23/90. 55 FR 10786 Proposed Action Published Undetermined LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: Undetermined AGENCY CONTACT:
Morton Fleishman Nuclear Regulatory Comission l
Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3794 43
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l TITLE:
Revised Rules of Practice for Domestic Licensing Proceedings RIN:
3150-AB66 CFR CITATION:
10 CFR 0; 10 CFR 1; 10 CFR 2; 10 CFR 9; 10 CFR 50 ABSTRACT:
The proposed rule would shorten and simplify existing Commission procedural rules applicable to domestic licensing proceedings by comprehensively restating, revising, and reorganizing the statement of those rules to reflect current practice. The changes in this proposed rule would enable the Commission, directly and through its adjudicatory offices, to render decisions in a more timely fashion, eliminate the stylistic complexity of the exist-ing rules, and reduce the burden and expense to the parties participating in agency proceedings.
In 1987, the Commission deferred consideration of this proposal, which would have revised the Commission's procedural rules governing the conduct of all adjudicatory proceedings other than export licensing proceedings under 10 CFR Part 110, pending consideration of other, more limited revisions to the rules of practice, in 1989, former Chairman Zech requested that this proposed rule be updated and resubmitted for reconsideration by the Commission.
TIMETABLE:
Proposed Action Published 12/00/92 Final Action Published 06/00/93 LEGAL AUTHORITY:
42 USC 2201; 42 USC 2231;-42 USC 2241; 42 USC 5841; 5 USC 552 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:
Lee S. Dewey Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555 301 492-7787 45
T11LE:
Availability of Official Records RIN:
3150-AC07 CfR CITATION:
10 CFR 2 ABSTRACT:
The proposed amendment would conform the NRC's regulations pertaining to the availability of official records to existing case law and agency practice. The amendment would reaffirm that the terms of 10 CFR 2.790(c) provide submitters of information a qualified right to have their information returned upon request.
This amendment informs the public of three additional circumstances where information will not be returned to the applicant, i.e...information which has been made available to an advisory comittee or was received at an advisory committee meeting, information discussed at an open Comission meeting under the Government in Sunshine Act and information that is subject to a pending Freedom of Information Act request.
Additionafly, the aroposed amendment would add a notice statement to 10 CFR Part 2 t1at submitters of documents and information to the NRC should be careful in submitting copyrighted works.
1he aoancy, in receiving submittals and making its normal distribu-tluns,routinelyphotocopiessubmittals,makesmicroficheofthe submittals, and ensures that these fiche are distributed to the PDR LPDRs, all appropriate internal offices, and to the National Technical Information Service Center. This broad distribution and reproduction is made to increase public understanding of the peaceful uses of atomic energy. Accordingly, the proposed amendment will address the NRC's procedures for handling copy-righted information, including reproduction and distribution according to normal agency practice.
Naturally, this notice does not prevent submitters from applying 10 CfR 2.790(b)(1) proce-dures to information that contains trade secrets or privileged or confidential commercial or financial information (proprietary information) and it is recognized that some information in those categories may be copyrighted.
Proprietary information status exempts this material from public disclosure and is not to be confused with handling pursuant to copyright designation.
TIMETABLE:
Proposed Action Circulated for Concurrence 12/31/91 Proposed Action to Comission Undetermined Proposed Action Published Undetermined LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No i
46 l
l L
11TLE:Availability of Official Records AGENCY CONTACT:
Catherine flolzle Nuclear Regulatory Comission Office of the General Counsel Washington, DC 20555 301 504-1560 47 i
.is.
TITLE:
Discrimination on the Basis of Sex RIN:
3150-A050 CFR CITATION:
The final rule would amend the Comission's regulations dealing with discrimination against persons who, on the grounds of sex, are excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity licensed by the NRC.
The Comission has decided that Section 401 of the Energy Reorganization Act, which prohibits sex discrimination, applies only to the Comission and does not apply to NRC licensees and/or-applicants. Since this decision invalidates 10 CFR 19.32 and 10 CFR 2.111, action is being taken to amend these sections and to incorporate &ppropriate language to clarify that these sections do not apply to licensee employees.
TIMETABLE:
Final Action Published Undetermined LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:
Markley L. Au Nuclear Regulatory Comission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3749 48
~.
TITLE:
Revision of Specific Exemptions RIN:
3150-AD83 CfR CITATION:
10 CFR 9 ABSTRACT:
The proposed rule would amend the Commission's regulations pertaining to specific Privacy Act exemptions.
This proposed rule would add exemption (j)(2) of the Privacy Act to the regulations that describe exempt systems of records. These amendments will make NRC's regulations consistent with the majority of statutorily appointed Inspectors General and will clearly link each system of records to the specific exemption (s) of the Privacy Act under which each system is exempt. Once these amendments become final, the NRC will revise its Systems of Records NRC-18, " Office of the Inspector General Index file and Associated Records," maintained by the NRC Office of the Inspector General.
TIMETABLE:
Proposed Action Published Undetermined LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SHALL BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:
Sarah Wigginton Nuclear Regulatory Commission Office of Administration Washington, DC 20555 301 492-7752 3
P 49
TITLE:
Clarification of Statutory Aethority for Purposes of Criminal Enforcement RIN:
3150-AD62 CFR CITATION:
10 CFR 11; 10 CFR 19; 10 CFR 20; 10 CFR 21; 10 CFR 25; 10 CFR 26; 10 CFR 30; 10 CFR 31; 10 CFR 32; 10 CFR 33; 10 CFR 34; 10 CFR 35; 10 CFR 39; 10 CFR 40; 10 CFR 50; 10 CFR 52; 10 CFR 53; 10 CFR 55; 10 CFR 60; 10 CFR 61; 10 CFR 70; 10 CFR 71; 10 CFR 72; 10 CFR 73; 10 CFR 74; 10 CFR 75; 10 CFR 95; 10 CFR 110; 10 CFR 140; 10 CFR 150 ABSTRACT:
The proposed rule would amend the Commission's regulations by revising the authority citations accompanying some of the regulations in order to eliminate uncertainty concerning the authority for application of criminal sanctions under Title 10.
These authority citations need to be amended to more clearly identify those violations which, if willfully violated, may i
subject the violator to potential criminal penalties.
The NRC has been urable to refer some cases to the Department of Justice (D0J) or the D0J has had difficulty in 3rosecuting cases as a result of the gaps and inconsistencies in tie existing authority citations.
The proposed rule would specify which regulations were issued under subparagraph "b",
"i", or "9" of Section 161 of the Atomic Energy Act.
These amendments would ensure that persons subject to the Commission's regulations are put on notice as to which regula-tions, if willfully violated, may subject them to criminal sanctions pursuant to Section 223 of the Atomic Energy Act. There is no alternative other than correcting these problems through rulemsking.
TlHETABLE:
Proposed Action Published 01/03/92 Final Action Published Undetermined LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUPNESS AND OTHER ENTITIES:
No AGENCY CONTACT:
Geoffrey Cant Nuclear Regulatory Commission Office of Enforcement Washington, DC 20555 301 504-3283 50
TITLE: Radiological Criteria for Decomissioning of Nuclear f acilities RIN:
3150-AD65 CFR CITATION:
10 CFR 20 ABS 1RACT:
The proposed rule would amend the Comission's regulations to codify the basic principles and radiological criteria which would allow decomissioned lands and structures to be released for unrestricted public use.
in the final rule on General Requirements for decomissioning Nuclear facilities (53 FR 24018) dated June 27, 1988, the need and urgency for guidance with respect to residual contamination criteria was expressed. At that time, it was anticipated that an interagency working group organized by the Environmental Protection Agency would develop necessary Federal guidance. However, in the absence of significant progress by the interagency working grou), the Comission has directed that the NRC expedite rulema(ing because the requirements, once final, will provide licensees with an incentive to complete site decomissionings.
1he rule would establish basic radiological criteria for release of lands and structures. Measurables, in the form of surface and volume radioactivity concentrations and site radioactivity inven-tory values, would be provided in supporting regulatory guidance.
These combined activities should benefit the public industry and the NRC by providing a risk-based framework upon which decomissioning activities and license terminations can be accomplished.
The framework will assure adequate protection of public health and safety and identify residual radioactivity criteria upon which licensees can confidently develop reasonable and responsible decomissioning plans.
TIMETABLE:
l Proposed Action Published Undetermined Final Action Published Undetermined LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
Yes AGENCY CONTACT:
James Malaro Nuclear Regulatory Comission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3764 51
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11TLE:
Low-level Waste Manifest Information and Reporting RIN:
3150-A033 CfR CITATION:
10 CFR 20; 10 CFR 61 ABS 1RACT:
The proposed rule would amend the Commission's regulations to:
(1) improve information contained in manifests accompanying shipments of waste to low-level waste (LLW) disposal facilities licensed under Part 61; (2) develon a uniform manifest for national use; (3) require that operators of these disposal facilities store manifest information in electronic recordkeeping systems; and (4) require that operators submit, on a machine-readable medium, reports of shipment manifest information.
To ensure safe disposal of LLW, the NRC must understand the mechanisms and rates by which radioactivity can be released from LLW and into the environment.
To do this, the NRC must understand the chemical, physical, and radiological charreteristics of LLW.
This task is greatly complicated by the heterogeneous nature of LLW; it exists in a variety of chemical and physical forms and contains roughly 200 different radionuclides in concentrations that can range from a few microcuries to several hundred curies per cubic foot.
Each year there are thousands of shipments to LLW disposal sites.
Pursuant to Part 20, a manifest must accompany each shipment of LLW to a disposal fpcility. Unfortunately, existing manifests do not describe the waste in detail sufficient to ensure compliance with Part 61 performance objectives.
A rulemaking that upgrades shipment manifests, provides for a uniform manifest, and requires disposal site electronic recordkeeping systems and electronic transmittal of data will assure that technical information on LLW is available and in a form which can be used for performance assessments, technical analysis, and other activities and would reduce confusion resulting from multiple manifest forms. A requirement to report electronic manifest information will ensure that the regulatory staff have the ability to perform saf'ety and environmental assessments, and to monitor compliance with regulations and license conditions.
52 l
TITLE:
Low-Level Waste Manifest Information and Reporting ABSTRACT:
(CONT)
The rulemaking will facilitate the eventual development of a complete, detailed national LLW computer data base, if appropriate, that contains information about waste disposed in all LLW sites, those regulated by NRC as well as by Agreement States.
The rulemaking, through development of a uniform manifest, would also improve safe and expeditious movement of LLW from generators through processors or collectors to disposal facilities. Emergency accident procedures would be enhanced through use of a single uniform manifest.
We do not expect that the rulemaking will increase disposal costs.
The rulemaking is a budgeted activity cited in the NRC 5-year plan.
TIMETABLE:
i Proposed Action to EDO 12/13/91 Proposed Action to Connission (SECY-91-415) 12/27/91 Proposd Action Published.02/00/92 final Action to EDO 11/00/92 Final Action to Commission 11/00/92 Final Action Published 12/31/92 LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL DUSINESS AND OTHER ENTITIES:
Yes AGENCY CONTACT:
Mark Haisfield/W. Lahs Nuclear Regulatory Connission Office of Nuclear Regulatory Research Office of Nuclear Material Safety and Safeguards Washington, DC 20555 301 492-3877/301 504-2569 1
53
i T11LE:
- Clarification of Reporting of Defects and Honcompliance for Materials facilities RIN:
3150-AE18 CFR CITATION:
t ABSTRACT:
The proposed rule would amend the Commission's regulations concerning the reporting of defects and noncompliance to clarify the applicability of these provisions to materials and fuel cycle licensees.
Because of the wide diversity in the types of licensees covered under these regulations, the proposed rule would clearly define the applicability of these provisions to the different ty>es of licensees and would take into account the differences )ctween different classes of licensees.
The proposed rule, which responds to an internal audit and a. parallel review of these regulations as they apply to materials licensees, would result in.some cost savings for small licensees because the recuirements imposed on these licensees would be more reasonable ant enforceable, t
TIMETABLE:
Proposed Action to EDO 08/31/92 Proposed Action to Commission 09/30/92 Proposed Action Published 11/30/92 Final Action Published 10/31/93 LEGAL AUTHORITY:-
42 USC 2201; 42 USC 5846 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
Yes AGENCY CONTACT:
Markley L. Au Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3749 l
54 I
L l
I
. ~.
Ti1LE:
Fitness-for-Duty Programs for Category I Material Licensees and Transporters RIN:
3150-A068 CFR CITATION:
10 CFR 26 ABSTRACT:
The proposed rule would amend the Commission's regulations to include category I material licensees and transporters in the fitness-for-duty programs.
This action is necessary to ensure fitness for duty of employees:
(1) who have direct access to large quantities of special nuclear material (SNM); (2) who are responsible for the protection of the material; and (3) who transport the material.
The proposed rule is expected to lead to compatibility with equivalent DOE programs.
The central issue for Category I material licensees and transporters is the risk of theft or diversion of highly-enriched SNM due to drug-related causes which, in turn, could pose a significant risk to the health, safety, or security of a large population.
Current regulations only cover nuclear power plants and need to be expanded to include Category I material licensees and trans)orters with requirements reflecting the differences between t1e nuclear power plants and the Category I material licensees and transporters.
There is no alternative to rulemaking which would accomplish the objectives of the rulemaking.
The rulemaking will addross the fitness-for-duty programs as they pertain to the type of 'acility or mode of shipment.
The rulemaking will address the following aspects of the fitness for duty programs--general perfomance objectives, program elements and procedures, records and reports, audits, and enforcement.
The impact of the rule on.the NRC licensing, inspection, and enforcement program will be approximately 1.FTE per year. The NRC resources required to develop the rulemaking are estimated to be 0.5 FTE per year for 2 years.
The cost to industry will include chemical testing and operating costs.
TIMETABLE:
Proposed Action to ED0 12/02/91 Proposed Action to Commission (SECY-91-395) 12/06/91 Proposed Action Published 02/28/92 Final Action to EDO. 10/31/92 Final Action to Commission 11/15/92 Final Action Published 12/31/92 55
t TITLE:
t Fitness-for-Duty Programs for Category I Haterial Licensees and Transporters LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SHALL BUSINESS AND OTHER ENilTIES:
No i
AGENCY CONTACT Stanley Turel Nuclear Regulatory Comission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3739 l
56 l
TITLE:
- Allows Self-Guarantee for Non-Electric Utility Reactor Licensees to Satisfy the Financial Requirements of the Decommissioning Regulations RIN:
3150-AE16 CFR CITATION:
10 CFR 30; 10 CFR 40; 10 CFR 50; 10 CFR 70; 10 CFR 72 ABSTRACT:
[
The proposed rule would amend the Commission's regulations by revising the current decommissioning financial assurance requirements to allow non-electric utility reactor-licensees who meet stringent financial criteria tests to provide self-guarantee as a means to comply with the decommissioning regulations.
Under the current decommissioning regulations, non-electric utility reactor licensees are permitted to provide financial assurance of decommissioning funds through (1) prepayment or external sinking fund in the form of a trust, escrow account, government fund, certificate of deposit, or deposit of government securities; (2) surety method or insurance in the form of a surety bond, letter of credit, or line of credit; or (3) parent company guarantee. None of the above funding methods permit non-electric utility reactor licensees to >rovide financial assurance by submitting a self-guarantee tlat meets or exceeds the criteria for a qualifying parer.t company guarantee.
The proposed rule has been developed in response to a petition for rulemaking (Docket No.
PRM-30-59) submitted by the General Electric Company and Westinghouse Electric Corporation.
TIMETABLE:
Proposed Action to E00 03/30/92 Proposed Action to Commission 04/15/92 Proposed Action Published 05/29/92 Final Action Published Undetermined LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
George J. Hencinsky Nuclear Regulatory Commission-Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3735 57 4
TITLE:
Timeliness in Decommissioning of Material Facilities RIN:
3150-AD85 CFR CITATION:
10 CFR 30; 10 CFR 40; 10 CFR 70; 10 CFR 72 ABSTRACT:
The proposed rule would amend the Commission's regulations to require decontamination and decomissioning of material facilities within a fixed period of time after cessation of operations.
Current regulations allow material licensees considerable discretion as to the timing of decontamination and decom-missioning.
This has allowed some licensees to remain inactive without decommissioning on the basis that operations may resume sometime in the future.
Similarly, licensees are not required to decontaminate promptly, in step-by-step fashion, portions of their facilities that become inactive as their operations evolve. This allows licensees to postpone heavy decommissioning costs by simply continuing sufficient controls, monitoring, and surveillance to meet minimal safety requirements.
The proposed rule would require decontamination and decommissioning of materials facilities within a fixed period of time (e.g., 2-3 years) after cessation of operations. This requirement would be accompanied by a provision for the licensea to seek a variance if. completion of decontamination or decommissioning within the required times is not technically achievable or if delaying decontamination or decommissioning would reduce risk to public health and safety or the environment.
The rulemaking will result in publication of specific criteria for timeliness in the decontamination and decommissioning of material facilities. This rulemaking will provide a more substantial planning base for the industry and result in timely decontamination and decomis;ioning of material facilities. The resulting timely decontamination and decommissioning of materials facilities will reduce the potential radiological risk to the public and the environment from contaminated materials sites. The rulemaking is not expected to substantially affect licensee costs.
TIMETABLE:
Preposed Action to ED0 01/03/92 Proposed Action to Commission 01/17/92 Proposed Action Published 02/21/92 Final Action Published 10/30/92 58
TITLE:
Timeliness in Decomissioning of Material Facilities LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:
Paul Kovach Nuclear Regulatory Comission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3729 e
D 59
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A.
TITLE:
Restrict Accessible Air Gap Between the Radioactive Source and the Detector for Generally Licensed Devices RIN:
3150-AD82 CFR CITATION:
10 CFR 31; 10 CFR 32 ABSTRACT:
The proposed rule would amend the Commission's regulations to prevent unnecessary radiation exposure to individuals resulting from the use of gauging devices containing radioactive sources.
These devices are routinely used for measuring material density, level, weight, moisture, and thickness.
The proposed rule would provide for additional regulatory control over devices with both an accessible air gap and radiation levels that exceed specified values.
TIMETABLE:
Proposed Action to EDO 11/29/91 Proposed Action to Commission 12/16/91 Proposed Action Published 02/00/92 Final Action Published Undetermined LEGAL AUTHORITY:
42 USC 2073; 42 USC 2093; 42 USC 2111; 42 USC 2232; 42 USC 2233-42 USC 2273; 42 USC 5842 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
Undetermined AGENCY-CONTACT:
Donald Hopkins Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3784 60
TITLE:
Radiography and Radiation Safety Requirements for Radiography Operations RIM:-
3150-AE07 CFR CITATION:
10 CFR 34 ABSTRACT:
The proposed rule would amend the Commission's regulations on licenses for radiography and radiation safety requirements for radiographic operations.
The proposed rule would revise 10 CFR Part 34 to clarify the requirements in 6 34.27 and conform Part 34 with the approach developed by the Conference of Radiation Control Program Directors Inc. (Part E of the " Suggested State Regulations for Control of Radiation"), and the State of Texas in Part 31 of the Texas Regulations for Control of Radiation, Comments and suggestions from regulatory groups, users, and manufacturers will be considered in the overall revision and Canadian atomic energy control regulations that relate to radiography will be consulted.
The proposed rule is necessary beca0se of frequent misinterpre-tations of the provisions of Part 34 and the need to clarify the requirements of 10 CFR 34.27.
The staff is currently preparing an options paper which will examine the issues, set priorities, and provide direction for the rulemaking proposed.
TIMETABLE:
Completion of Options Paper 12/31/91 Proposed Action to Offices for Concurrence 05/31/92 Proposed Action to E00 06/30/92 Proposed Action to Commission 07/31/92 Proposed Action Published 10/30/92 Final Action Published 10/30/93 LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
Yes AGENCY CONTACT:
Donald Nellis Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3628 61
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i
-TITLE::
Use of Radiopharmaceuticals' for Medical Research,_ Use of Biologics Containing Byproduct-Material, and Compounding-Radiopharmaceuticals RIN:
3150-AD69-CFR CITATION:
-10 CFR 35 l
- ABSTRACT:
-The proposed rule'would examine the Commission's regulationi related to the compounding of radiopharmaceuticals,- the ust of biologics containing. byproduct material, and the medical research _
l uses of radiopharmaceuticals.- The-NRC's response _ to the petition.
for rulemaking submitted by-the American College of Nuclear.
Physicians =and the Society of Nuclear Medicine (PRM-35-9) could result:in denial of the petition or proposed rulemaking that would
. grant all Lor part of the petition.
TIMETABLE:
Proposed Adtion TOLEDO '11/16/92 Proposed' Action to Commission-11/30/92 Proposed Action Published. 02/28/93 Final Action. Published' Undetermined -
LEGAL AUTHORITY: _.
42 USC 2201;_42-USC 5841
~ EFFECTS ON SMALL_ BUSINESS AND OTHER' ENTITIES:
No-AGENCY CONTACT:
Anthony: Tse -
Nuclear 1 Regulatory-Commission
' Office: of Nuclear Regulatory Research-E Washington,:DC 20555 301 492-3797-7 i
I l
l 2 62
- TITLE:-
Iridium-192 Wire for Interstitial Treatment of Cancer RIN:-
3150-AD46-CFR CITATION:=
10 CFR 35-hBSTRACT:-
The-proposed rule would amend the Commission's regulations governing the medical uses of byproduct material.
The proposed amendment would add iridium-192 wire to_the list of brachytherapy
-sources permitted for'use in inte astitial treatment of cancer.
Under current NRC. regulations, users must have their licenses amended before they may use this brachytherapy source. The proposed rule has been developed in response to a petition for rulemaking (Docket No.-PRM-35-8) submitted by Amersha Corporation.-
TIMETABLE:.
Proposed Action to Offices for Concurrence 03/16/90
. Proposed Action Published. Undetermined Final Action Published Undetermined LEGAL AUTHORITY:
42 USC-2201; 42 USC 5841 EFFECTSONSMhlt'BUSINESSANDOTHERENTITIES: No l
AGENCY ~ CONTACT:
Anthony N.~Tse Nuclear Regulatory Commission 1
Office of Nuclear Regulatory Research Washington, DC'20555
- 301 492-3797 l-o 1
~
63
TITLE:
Clarification of Emergency Preparedness Regulations RIN:
3150-AD40 CFR CITATION:
10 CFR 50 ABSTRACT:
The proposed rule would amend the Commission's regulations by clarifying the linkage between the need for " reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency" indicated in 5 50.47(a) and 16 planning standards outlined in 6 50.47(b).
In addition, the rulemaking will clarify the term " range of protective actions."
Other issues to be clarified include monitoring of evacuees, actions for t'ecovery and reentry, notification of the public, evacuation time estimates, and exercise frequency.
In a December 23, 1988, memorandum to the EDO from SECY, the staff was directed to review the "...NRC's emergency planning regulations and propose revisions designed to eliminate ambiguity and clarify the regulations to include what constitutes the exercise scope prior to the full power licensing...." The staff outlined the proposed rulemaking in a memorandum from the ED0 to the Commission dated June 29, 1989.
The staff is requesting that this rulemaking be terminated.
' TIMETABLE:
Proposed Action to EDO '02/03/92 Proposed Action to Commission 02/25/92 Proposed Action Published. 03/30/92 Request to Terminate Rulemaking to EDO 12/06/91 LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841' EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
Michael T. Jamgochian i
Nuclear Regulatory Commission l
Office of Nuclear Regulatory Research L
Washington, DC 20555 301 492-3918 l
l 64
t TITLE:-
Emergency Planning Regulations for Part 52 Licensing RIN:
3150-AD48 CFR CITATION:
10 CFR 50 ABSTRACT:
The proposed rule would amend the Commission's regulations concerning those portions of emergency plans which cannot be exercised prior to issuance of a Part 52 combined license.
This rulemaking will be accomplished on a "high priority basis" as directed in.a staff requirements memorandum dated September 12, 1989.
TIMETABLE:
Proposed Action to CRGR/ACRS 01/15/90 Proposed Action to EDO 03/07/90 Proposed Action to Commission (SECY-90-103) 03/20/90 Proposed Action Published Undetermined Final Action Published Undetermined-LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS.0N SHALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
Michael T. Jamgochian Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3918 65
TITLE:
Change to Part 50 to Update Source Term and Replace Dose Calculation RIN:-
3150-AD91 CFR CITATION:
10 CFR 50 ABSTRACT:
The proposed rule would amend the Commission's regulations regarding the decoupling of source term and dose calculations from reactor siting and the use of updated source term insights for. future light water reactors. The NRC is presently in the process of reviewing advanced reactor designs. The DOE has also indicated that it intends to seek review for an early site permit, as permitted by 10 CFR Part 52, by early 1993.
Therefore, this rulemaking is viewed as having a high priority. The only alternative to rulemaking would be to continue present staff practice utilizing an outdated source term formulation derived from Technical Information Document (TID) 14844, issued in 1962, coupled with the use of the guideline dose values in 10 CFR Part 100, not only for reactor siting, but for plant design as well.
This rulemaking action comprises two phases. The first phase is described in the. proposed rule titled, " Change to Part 100 to Add Site Criteria, Update Appendix A and Remove Dose Calculations; Interim Change to Part 50'to Add Source Term and Dose Calculations (3150-AD92)." The second phase will consist of a final revision of 10 CFR Part'50 to incorporate updated source term and severe accident research insights into plant design requirements for future light water reactors. The intent of this second phase of rulemaking is expected to provide additional requirements for future light water reactors regarding severe accident prevention and mitigation, and is expected to substantially reduce the risks from such events.
TIMETABLE:
Proposed Action to ACRS 07/01/92 Proposed Action to CRGR 08/03/92 Proposed. Action to EDO 08/17/92 Proposed Action to Commission 09/15/92 Proposed Action Published 10/30/92 Final Action Published 08/00/93 LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: Undetermined 66
TITLE:
Change to Part 50 to Update Source Term and Replace Dose Calculation AGENCY CONTACT:
Leonard Soffer
-Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3916 f
67
TITLE:
Training of Nuclear Power Plant Personnel RIN:
3150-AD80 CFR CITATION:
10 CFR 50-ABSTRACT:
The proposed rule would amend the Commission's regulations to require each applicant and holder of a license to operate a nuclear power plant to establish and use a systems approach in developing training programs for management, supervisory, arofessional, and tecb.iical workers who have an impact on the 1ealth and safety of ;he public. The objective of the proposed rule is to meet the directives contained in Section 306 of the Nuclear Waste Policy.\\ct of 1982 (Pub. L.97-425).
The proposed rule generally reflect s current industry practice.
TIMETABLE:
Proposed Action to CRGR 02/14/91 Proposed Action to ACRS 02/14/91 Proposed-Action to EDO 11/6/91 Proposed Action to Commission (SECY-91-108) 04/25/91 Proposed Action Resubmitted to Commission (SECY-91-371) 11/15/91 Proposed Action Published Undetermined Final Action Published Undetermined LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:
Morton Fleishman Nuclear Regulatury Commission Office of Nuclear Regulatory Research
. Washington, DC 20555 301 492-3794 l
l l
l 68
- - - - - - - - - - - - - - " - - ' - - - - - - - ' ' - - - - - - - - - - ~ - ' - -
TITLE:
Codes and Standards for Nuclear Power Plants (ASME Code,Section XI, Division 1, Subsection IWE and Subsection IWL)
RIN:
3150-AC93 CFR CITATION:
10 CFR 50 ABSTRACT:
The proposed rule would incorporate by reference Subsection IWE,
" Requirements for Class MC Components of Light-Water Cooled Power Plants," and Subsection IWL, " Requirements for Class CC Concrete Components of Light-Water Cooled Power Plants," of Section XI (Division 1) of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code).
Subsection IWE provides the rules and requirements for inservice inspection, repair, and replacement of Class MC pressure retaining components and their integral attachments, and of metallic shell and penetration liners of Class CC pressure retaining components and their integral attachments in light-water cooled power plants.
Subsection IWL provides the rules and requirements for inservice inspection and repair of the reinforced concrete and post tensioning systems of Class CC components.
Incorporation by reference of Subsection IWE and Subsection IWL will provide systematic examination rules for containment structure for meeting Criterion 53 of the General Design Criteria (Appendix A of 10 CFR Part 50) and Appendix J of 10 CFR Part 50.
Age-related degradation of containments has occurred, and additional and potentially more serious degradation mechanisms can be anticipated as nuclear power plants age.
If the NRC did not take action to endorse the Subsection IWE and Subsection IWL rules, the NRC position on examination practices for containment structure would have to be established on a case-by-case basis and improved examination practices for steel containment structures might not be implemented. The other alternatives of incorporating these detailed examination requirements into the American National Standard ANSI /ANS 56.8-1981 or into Appendix J are not feasible.
Incorporating by reference the latest edition and addenda of Subsection IWE and Subsection IWL will save applicants / licensees and the NRC staff both time and effort by providing uniform detailed criteria against which the staff can review any single submission.
Adoption of the proposed amendment would permit the use of improved methods for containment inservice inspection.
69
TITLE:
Codes and: Standards for Nuclear Power Plants (ASME Ctde, Section
-l XI,_ Division-1, Subsection IWE and Subsection IWL)
TIMETABLE:-
Proposed Action to CRGR 06/13/89 Proposed Action to EDO. Undetermined Proposed Action Published Undetermined Final Action. Published Undetermined i
LEGAL AUTHORITY:
- 47. USC 2201; 42 USC 5841-EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
-Wallace E. Norris-Nuclear Regulatory' Comiss.lon Office of Nuclear Regulatory Research i
Washington, DC 20555 301'492-3805 y
b l-r 70
TITLE:
Fracture Toughness and Reactor Vessel Material Surveillance Requirements RIN:
3150-AD57 CFR CITATION:
10 CFR 50, Appendices G and 11 ABSirmd:
The proposed rule would amend Appendices G and H of 10 CFR Part
- 50. Appendix G, Fracture Toughness Requirements, provides the basis for calculating the pressure-temperature limits that appear in the Technical Specifications for every plant. Appendix H contains requirements for a reactor vessel material surveillance program.
The proposed rule would change the ASME Code Appendix that is referenced in-Appendix G, 10 CFR Part 50, from Appendix G of Section III, the construction code, to Appendix G in the 1989 Edition of Section XI, the inservice inspection code.
At present the two appendices are identical.
The reason for adding an
- Appendix G in the 1989 Edition of Section XI was to put it under the jurisdiction of a working group whose members were taking an active interest in fracture issues as a consequence of working with the problems of operating plants. The update of Appendix G of Section XI is expected to include advances in fracture analysis, because the original Appendix G of Section III has been in use since 1972.
The proposed rule would clarify the NRC's position on pres:ure testing as agreed by.the CRGR at their meeting on November 29, 1989.
This requires that some words be deleted from paragraph IV.A.5 of Appendix G, 10 CFR Part 50, and that a-sentence added to require that the pressure tests required by the ASME Code,Section XI, be performed before the reactor is taken critical following-a i
shutdown and to require that the primary coolant system be essentially water solid during the test.
lhe proposed rule would clarify the requirements in paragraph IV.B of Appendix G, which requires that reactor vessels be designed to permit annealing if they are predicted to undergo embrittlement to specified levels.
In addition, other paragraphs will be modified for clarification purposes. The proposed rule would also update the list of editions of ASTM Standard Practice-E 185 that are incorporated to include the 1990 edition, which is now in the final balloting stages.
The added costs to licensees to implement these changes in requirements will be minimal--even a cost savings in many cases.
71
TITLE:
Fracture Toughness and Reactor Vessel Material Surveillance Requirements TIMETABLE:
Proposed Action to EDO Undetermined Proposed Action Published Undetermined Final Action Published Undetermined
-LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:
Allen L. Hiser, Jr.
Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3988 i
I l
l l
72 i
i' a--
m
TITLE:-
Change to Part 100 to Add Site Criteria, Update Appendix A and-Remove Dose Calculations; Interim Change to Part 50 to Add Source
. Term and Dose Calculations RIN:
3150-AD92-CFR CITATION:
10 CFR 50; 10 CFR 100 ABSTRACT:
The proposed rule would amend'the Commission's regulations regarding the decoupling of source term and dose. calculations from reactor siting and the use of updated source term insights for future light water reactors; The NRC is presently in the process-of reviewing advanced reactor designs, and the DOE has also indicated that it intends to seek review for an early site permit, 1
- as permitted by 10 CFR Part 52, by early 1993. Therefore, this
- rulemaking is viewed as having a high priority. The only-alternative to rulemaking would be to continue present staff practice utilizing an outdated source term formulation derived from Technical Information Document (TID) 14844, issued in 1962, coupled with the use of the guideline dose values in 10 CFR Part 100, not;only for reactor siting, but for plant design as-well.
This rulemaking action. comprises two phases.
In the first phase, Part 100 will be revised by removing source term and dose criteria and adding site criteria-(e.g., exclusion area' size and population density). Appendix A to 10 CFR Part 100 will also be revised to update understanding of geologic and seismic knowledge regarding reactor siting.
Source term and dose calculations will continue to be used for assessment of plant systems and will be placed in an interim change-to:10 CFR Part 50. The second phase of this rulemaking action-is described in the proposed rule titled,
" Change to Part 50 to Update Source Term and Dose Calculations
'(3150-AD91)."
The intent of this first phase of rulemaking is basically to codify present staff criteria, ' expressed in Regulatory Guide 4.7.
This represents no substantive change-in NRC criteria.
It will i
-make NRC's siting criteria more explicit and understandable,-
-especially in regard to the Commission's Safety Goal Policy.
TIMETABLE:-
Proposed Action to CRGR 01/15/92-Proposed Action to.ED0 01/30/92 Proposed Action to Commission 02/17/92 Proposed Action Published 03/16/92 Final Action Published 12/31/92 73 l
l
TITLE:
Change to Part 100 to Add Site Criteria, Update Appendix A and Remove Dose Calculations; Interim Change to Part 50 to Add Source Term and Dose Calculations LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: Undetermined AGENCY CONTACT:
Leonard Soffer Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3916 l
l 74 l
l
e i
TITLE:
Repository Operations Criteria RIN:
3150-AD51 CFR CITATION:
10 CFR 60 ABSTRACT:
The proposed rule would amend the Commission's regulations concerning additional preclosure regulatory requirements for high-level waste geologic repositories.
Several issues associated with preclosure regulatory requirements have been raised due to different interpretations of the rulemaking record for 10 CFR Part 60.
These involved:
(1) the lack of clearly prescribed requirements for the establishment of a controlled-use area intended to protect pubic health and safety in the event of a 4
postulated radionuclide release and (b) the definition of structures, systems, and components important to safety for which certain design and quality assurance criteria apply, in order to meet the milestones mandated by the Nuclear Waste Policy Act of 1982, as amended, and milestones pertaining to DOE's production schedule in the Mission Plan amendments, guidance is needed from NRC on these matters to enable DOE to proceed with the siting of a geologic repository.
The proposed amendments would require the establishment of a controlled-use area, based on radiation dose criteria, for the siting of geologic repositories, in addition, a new definition of structures, systems, and components important to safety would be added that would be similar to one in 10 CFR Part 72.
TIMETABLE:
Proposed Action Published Undetermined Final Action Published Undetermined LEGAL AUTHORITY:
Public Law 97-425; 42 USC 10101 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
Naiem Tanious Nuclear Regulatory Comission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3878 75
1 TITLE:
Conforming Guidance on low level Waste Disposal Facilities with 10 CFR Part 61 RIN:
3150-AE00 CFR CITATION:
10 CFR 61 ABSTRACT:
The proposed rule would amend the Commission's regulations to require the applicant for a low-level waste (LLW) disposal facility license to provide information on the " quality assurance (QA) program, tailored to LLW disposal" that is planned for the facility instead of the " quality control (QC) program." The proposed rule would also amend Part 61 to clarify that above-ground disposal methods such as above-ground vaults are included within the regulatory scope of Part 61.
The rulemaking will also correct an administrative error in 5 61.80(i)(1) which directs licensees to submit copies of the required annual report to the Director, Division of High-level Waste Management, rather than the Director, Division of Low-level Waste Management and Decommissioning.
The Commission has determined that these changes are needed to reduce regulatory uncertainty or confusion in the current regulation. These amendments will codify existing NRC positions or correct administrative errors and are not extensive.
The proposed changes should simplify LLW disposal facility licensing interactions for the NRC, Agreement States, and potential applicants for LLW disposal licenses.
TIMETABLE:
Proposed Action to EDO 11/26/91 Proposed Action to Commission (SECY-91-394) 12/05/91 Proposed Action Published 01/30/92 Final Action ED0 06/00/92 Final Action to Commission 06/00/92 Final Action Published 07/00/92 LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
Janet A. Lambert Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3857 76 l
TITLE:
Physical Protection of Special Nuclear Materials in Transit RIN:
3150-AE02 CFR CITATION:
10 CFR 70; 10 CFR 73 ABSTRACT:
The proposed rule would amend the Commission's regulations to increase the level of security afforded Strategic Special Nuclear Material while in transit to a level that is comparable to those protection efforts afforded by the Department of Energy for shipments of comparable material.
This amendment, which will affect any licensed carrier of SSNM, will result in a higher assurance that the material being transported will be protected at a level that will be appropriate to the public safety, TIMETABLE:
Proposed Action Published Undetermined LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 i
EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:
Jim Powers Nuclear Regulatory Commission Office of Nuclear Material Safety and Safeguards
-Washington, DC 20555 301 504-2403 77 1
=-
TITLE:
- List of Approved Spent Fuel Storage Casks: Additions RIN:
3150-AE15 CFR CITATION:
10 CFR 72 ABSTRACT:
The proposed rule would amend the Commission's regulations which allow the storage of spent fuel at nuclear power reactor sites in NRC-certified casks under a general-license.
Four spent-fuel storage casks have been certified-and are currently listed in 10 CFR 72.214.
The proposed rule would approve and list two additional casks:
Cask TN-24 from Transnuclear Inc.,
and Cask VSC-24 from Pacific Sierra Nuclear Associates. A Safety Evaluation Report has been completed for each of these casks. An operating nuclear power reactor licensee may choose from any of the listed casks to store spent fuel at the reactor site under a general license.
TIMETABLE:
Proposed Action to ED0 02/14/92 Proposed Action Published 03/13/92 Final Action to EDO 06/19/92 Final Action Published 07/13/92 LEGAL AUTHORITY:
42 USC 2201; 42 USC 5846 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
Undetermined AGENCY CONTACT:
Gordon Gundersen Nuclear Regulatory Commission l
Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3803 l
78
L TITLE:
- Emergency Planning for Independent Spent Fuel Storage Facilities (ISFSI) and Monitored Retrievable Storage Facilities (MRS)
RIN:
3150-AE17 CFR CITATION:
10 CFR 72 ABSTRACT:
The proposed rule would amend the Commission's regulations to provide, as directed by the Nuclear Waste Policy Act of 1982, for the emergency planning licensing requirements for Independent Spent Fuel Storage Facilities (ISFSI) and Monitored Retrievable Storage Facilities (MRS).
TIMETABLE:
Proposed Action to EDO 08/03/92 Proposed Action to Commission 09/01/92 Proposed Action Published 10/01/92 Final Action Published Undetermined LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
Michael T. Jamgochian Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3918 79 I
TITLE:
- Clarification of Physical Protection Requirements at Fixed Sites RIN:
3150-AE08 CFR CITATION:
10 CFR 73 ABSTRACT:
The proposed rule would amend the Commission's regulations to clearly indicate that 5 73.40(a) is intended as a general statement of the need for physical' protection and that the detailed physical protection requirements for each class of licensed facility or material are provided in other sections of Part 73. The proposed rule would also amend 6 73.60 to provide a regulatory basis for requiring protection against radiological sabotage at nonpower reactors authorized to operate at two or more megawatts to -protect the public health and safety. The 5 73.40(a) amendment is a high priority because of the forthcoming Louisiana Energy Service (LES) licensing hearing. Without the change in language, 5_73.40(a) could be strictly interpreted as requiring protection against radiological sabotage at this facility when it is not necessary.
The amendment to 6 73.60 is a medium priority since the six current nonpower reactor licensees which would be affected have voluntarily implemented procedures to protect against radiological sabotage. However, it could impact nonpower reactor licensing actions in the future. Because of the necessity _ of clarifying 6 73.40(a) prior to the LES hearing, the rulemaking will be scheduled to be completed in 1 year and will require approximately
.75 FTE of effort to develop the rule.
TIMETABLE:
Proposed Action to ED0 01/24/92 Proposed Action to Commission 02/17/92 Proposed ' Action Published. 03/30/92 Final Action Published 08/14/92 LEGAL AUTHORITY:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
Sandra D. Frattali-Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3773 80
TITLE:
Reinvestigation of Individuals Granted Unescorted Access to Nuclear Power Plants RIN:
3150-AD49 CFR CITATION:
10 CFR 73 ABSTRACT:
The proposed rule would amend the Commission's regulations to require periodic updates of FBI fingerprint checks for reinvestigation of individuals granted unescorted access to-nuclear power plants or access to safeguards information. The current regulations require each licensee who is authorized to operate a nuclear power plant under Part 50 to submit fingerprint cards to the NRC for those individuals who are permitted unescorted access to a nuclear power facility or to scfeguards information and who are not exempted under 10 CFR 73.57(b)(2).
Fingerprints are used to secure a review of the individual's criminal history record by the FBI.
Information received from the FBI is reviewed by the licensee in order to determine whether further unescorted access to the facility or to safeguards information should continue to be granted or denied.
The current regulations do not include a reinvestigation element.
The proposed rule would require that licensees who operate a nuclear power plant submit fingerprint cards for applicable per-sonnel to the NRC-for criminal history checks every 5 years.
Authorization for unescorted access would be retained by an individual pending results of the criminal history check on that individual's fingerprints. The alternative is to allow the status
. quo to continue, with no reinvestigation of utility personnel required.
This rulemaking will have a minimal impact on the NRC because cf the NRC's limited participation in processing the reinvestiga-ions. The impact on industry will include the cost of finger-printing and submitting fingerprint cards through the NRC to the FBI for criminal history checks. The current regulation requires payment of $21 per investigation, payable by the industry.
It is expected that this rate would also apply for each reinvestigation and would constitute full reimbursement to the government, i
81
TITLE:
Reinvestigation of Individuals Granted Unescorted Access to Nuclear Power Plants TIMETABLE:
Proposed Action Published Undetermined
+
Final Action Published Undetermined LEGAL AUTHORITY:
42 USC 2201; 42 USC 5641 EFFECTS ON SMALL BUSINESS AND.0THER ENTITIES: No AGENCY-CONTACT:
Sandra Fratta11 Nuclear Regulatory. Commission Office of Nuclear Regulatory Research Washington, DC 20555-301 492-3773 1
l l
l 82
-. ~,
. TITLE:
- Night Firing Qualifications for Security Guards at Nuclear Power Plants i
RIN:-
~
?l50-AC88L CFR CITATION:
'10 CFR 73 ABSTRACT:-
The proposed rule would ensure that; dent on the time of day.
security-force. effectiveness at nuclear _ power plants is not depen Security guards currently are required to perform night firing for familiarization only.- There.is'no requirement for standards to measure their effectiveness. -Tho proposed rule would change that by. requiring that security guards at. nuclear power plants ' qualify
-for-night ~ firing.
The only alternative to rulemaking is to retain
[
the current status.-
Part 73. Appendix B, Part IV, will be ananded to require reactor security-guards to qual'fy annually in;an NRC-approved night
-firing-course with their assigned; weapons-The proposed amendment wi11' standardize training and qualification-in night; firing and
. prepare power reactor guard forces. to respond'more effectively -in the event of:an inc.ident occurring in' limited' lighting' conditions.
The cost'to industryLshould be relatively modest since licensees--
- already operate daylight firing training and qualification facilities and programs.
The costs.to'NRC will also be minimal Lbecause it will only require' minor licensing, inspection and other regulatory-actions.- -There is 'no occupational exposure.
TIMETABLE:
. ~
Proposed Action Published -Undetermined Final: Action Published - Undetermined l-LEGAL ~ AUTHORITY:
42 USC 2201;'42 USC 5841 EFFECTS ON SMALL. BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
-Sher.Bahadur. -
Nuclear. Regulatory Commission
- Office of Nuclear Regulatory Research Washington,'DC 20555 301 492-3775 83
1 TITLE:
Seismic and Geological Siting Criteria for Nuclear Power Plants RIN:
3150-AD93 CFR CITATION:
10 CFR 100 (Appendix A)
ABSTRACT:
The proposed rule would amend Appendix A to Part 100 of the Commission's regulations concerning earth science issues in the licensing of nuclear power plants. The proposed rule is intended to increase the efficiency of regulatory actions associated with any resurgence of licensing activity.
There is a renewed sense of urgency in light of the current and future staff review of advanced reactor seismic design criteria.
The proposed revision would help avoid unnecessary delays in the licensing process. The proposed revision to Appendix A would provide general guidance with more detailed information presented in supporting regulatory guides or standard review plan provisions.
Criteria not associated with site selection or establishment of the safe shutdown earthquake will be codified in 10 CFR Part 50. The proposed revision to the regulations would be for future licensing actions. The revised regulations will not be backfitted.
TIMETABLE:
Proposed Action to ACRS 10/10/91 Proposed Action to CRGR 01/31/92 Proposed Action to E00 02/14/92 Prcposed Action to Commission 02/28/92 Propond Action Published 03/31/92 Final Act on Published 02/28/93 LEGAL AUTHORITY:
42 USC 2201; 32 USC 5841 EFFECTS ON SMALL BUSINtSS AND OTHER ENTITIES:
Undetermined AGENCY CONTACT:
R. McMullen/R. Kenneally Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3808/492-3893 84 l
TITLE:
Import and Export of Nuclear Equipment and Material RIN:
3150-AD64 CFR CITATION:
10 CFR 110 ABSTRACT:
The proposed rule would amend the Commission's regulations governing the import and export of nuclear equipment and material.
Miscellaneous changes are proposed in several areas of 10 CFR Part 110.
The Comission has reviewed its processing of nuclear export license applications and has determined that the following do not raise issues that require Commission review (1) license applications for the export of any quantity of heavy water to Canada, and (2) license applications for the ex) ort of low-enriched uranium to EURATOM and Japan for enric1 ment to no more than 5% U-235. The Executive Branch agencies also reviewed their processing of nuclear export license applications and have determined that for these license applications Executive Branch review will not be required.
In addition, the NRC has identified several other areas where minor changes are warranted. These proposed changes would:
(1) permit the expedited import and export of certain nuclear material-where no significant proliferation risks are involved, (2) clarify the wording of the coverage of some nuclear commodities (3) streamline the procedures for public participation in NRC's licensing process, (4) delete from the list of restricted destInstions those countries that recently have signed the Non-Pro';feration Treaty, (5) add Namibia to the general license for the import into the United States of Namibian origin uranium in any form, (6) add definitions for terms not currently defined, and (7) make other minor changes. There is no acceptable alternative to rulemaking because the amendments to the regulations are necessary to ensure the orderly and efficient administration of NRC's import and export responsibilities without incurring any national security or proliferation risks. The rule should benefit the NRC, industry, and the public by making the regulations easier to understand, implement, and enforce and b process for certain kinds of applications. y expediting the review TIMETABLE:
Rulemaking Initiation Date (Division Review) 06/22/90 Proposed Action to Offices for Concurrence fd/01/92 Proposed Action Published 03/15/92 Final Action Published Undetermined 85 l
TillE:
Import and Export of Nuclear Equipment and Material LEGAL AUTHOR 11Y:
42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:
No AGENCY CONTACT:
Elaine 0. Hemby Nuclear Regulatory Comission Office of International Programs Washington, DC 20555 301 504-2341
.I I
86
TITLE:
- Limited Changes to 10 CFR Parts 170 and 171 License and Annual fees RIN:
3150-AE13 CFR CITATION:~
10 CFR 170; 10 CFR 171 ABSTRACT:
The proposed rule would amend the Comission's regulations to shorten billing intervals for some license fees under 10 CfR Part 170 and reduce the amount of annual fees assessed to some small entities under 10 CFR Part 171.
The change to Part 170 would result in improved NRC financial management.
The change to Part 171 would reduce the impact of future annual fees on certain small materials licensees.
This rulemaking continues Commission effort to comply with Pub. L. 101-508.
There is no suitable alternative to rulemaking for this action.
TIMETABLE:
Proposed Action Published 01/09/92 Final Action to Commission 03/27/92 Final Action Published 04/30/92 LEGAL AUTHORITY:
42 USC 2201; 42 USC 5846; Pub. L. 101-508 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:- Yes AGENCY CONTACT:
C. James Holloway Nuclear Regulatory Commission Office of the Controller bl j
87
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(A) Petitions incorporated into final rules i
or petitions denied since September 30, 1991 i
NONE j
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PETITION DOCKET NUMBER:
PRM-20-17 PETITIONER:
The Rockefeller University PART:
20 OTHER AFFECTED PARTS:
None FEDERAL REGISTER CITATION:
October 21, 1988 (53 FR 41342)
Correction published November 1, 1988 (53 FR 44014)
SUBJECT:
Disposal of Animal Tissue Containing Small Amounts of Radioactivity
SUMMARY
The petitioner requests that the NRC amend its regulations under which a licensee may dispose of animal tissue containing small amounts of radioactivity without regard to its radioactivity by expanding the list of radioactive isoto>es for which unregulated disposal is permitted.
Specifically, tie petitioner requests that the NRC add Sulfur-35, Calcium-45, Chromium-51, Iodine-125, and lodine-131 in concentrations not exceeding 0.01 microcurie /g to the list of radioactive isotopes set out in 10 CFR 20.306(b).
The petitioner also requests that the NRC make the unregulated disposal of these wastes a matter with which all jurisdictions must comply.
T!HETABLE:
Resolution of the petition is deferred due to Commission moratorium on implementation of the Below Regulatory Concern policy (May 10, 1991; 56 FR 21631).
CONTACT:
P. Kovach Nuclear Regulatory Commission Office of Nuclear Regulatory Research 301 492-3729 89
PET 1110N DOCKET NUMBER:
PRM-20-18 PETITIONER:
The Rockefeller University PART:
20 OTHER AFFECTED PARTS:
None FEDERAL REGISTER CITATION:
October 31, 1988 (53 FR 43896)
SUBJECT:
Disposal of Solid Biomedical Waste Containing Small Amounts of Radioactivity
SUMMARY
The petitioner requests that the NRC amend its regulations to permit a licensee to dispose of solid biomedical waste containing small amounts of radioactivity without regard to its radioactivity.
The petitioner requests that the NRC expand the provisions of 10 CFR 20.306 to classify the disposal of wastes such as paper, glass, and plastic trash containing small amounts of Hydrogen-3 and Carbon-14 as belon regulatory concern.
The petitioner would then be able to dispose of this material on-site in a currently operating, controlled-air incinerator.
The petitioner believes this to be a reasonable, cost-effective alternative to burial of these wastes at a commercial low-level radioactive waste site.
TIMETABLE:
Resolution of the petition is deferred due to Commission moratorium on implementation of the Below Regulatory Con:ern policy (May 10, 1991; 56 FR 21631).
CONTACT:
P. Kovach Nuclear Regulatory Commission Office of Nuclear Regulatory Rtsearch 301 492-3729 90
PETITION DOCKET NUNDER:
PRM-20-19 PETITIONER:
GE Stockholders' Alliance PART:
20 OTHER AFFECTED PARTS:
50 FEDERAL REGISTER CITATION:
February 1, 1989 (54 FR 5009)
SUBJECT:
Injection of Detectablo Odor in Emissions of Nuclear Power Plants and Other Nuclear Processes
SUMMARY
The petitioner requests that the Commission amend Part 20 to require that a detectable odor be injected into the emission of nuclear power plants and other nuclear processes over which the NRC has jurisdiction. The petitioner believes that this action would improve the health and safety of the public by providing for early detection of radiation leaks. A detectable odor would give the public notice of the need to take health protective measures.
The public comment period closed April 3, 1989. The NRC has reviewed the public comments received on this petition and is developing recommendations regarding resolution of the petition.
TIMETABLE:
Ratnlution of the petition is scheduled for March 1992.
CONTAC1:
Catherine Mattsen Nuclear Regulatory Commission Office of Nuclear Regulatory Research 301 492-3638 91
PETITION DOCKET NUMBER:
PRM-20-20 PETITIONER:
Carol S. Marcus, Ph.D., M.D.
PART:
20 OTHER AFFECTED PARTS:
35 FEDERAL REGISTER CITATION:
June 12, 1991 (56 FR 26945)
SUBJECT:
Radiation absorbed dose to the public from patients receiving radiopharmaceuticals for diagnosis or therapy
SUMMARY
The petitioner requests that the Commission revise its standards for protection against radiation to raise the annual radiation dose absorbed by individual members of the public rrom ImSv to 5 mSv (500 mrems).
TIMETABLE:
A notice of receipt for this petition was published in the Federal Register on June 12, 1991 (56 FR 26945).
The connent period closed on October 12, 1991.
Resolution of the petition is undetermined.
CONTACT:
Alan Roecklein Nuclear Regulatory Commission Office of Nuclear Regulatory Research 301 492-3740 l
92 u
PETITION DOCKET NUMBER:
PRM-30-59 PETITIONER:
General Electric Company and Westinghouse Electric Corporation PART:
30 OTHER AffECTED PART$:
40, 50, 70, 72 FEDERAL REGISTER CITATION:
{
September 25, 1991 (56 FR 48445) j i
SUBJECT:
General requirements for decommissioning licensee facilities
SUMMARY
The petitioners request that the Commission issue a rule that i
would provide a means for self-guarantee of decommissioning funding costs by certain NRC non-electric utility reactor licensees who meet stringent financial assurance and related reporting and oversight requirements.
T'METABLE:
A notice of receipt for this petition was published in the federal Register on September 25, 1991 (56 fR 48445).
1he comment period closed on November 12, 1991. A proposed rule entitled " Allows Self-Guarantee for Non-Electric Utility Reactor Licensees to Satisfy the financial Requirements of the Decommissioning Regulation (RIN 3150-AE16)," is being developed in response to thl> petition.
This proposed rule is scheduled to be published in the federal Register in May-1992.
CONTACT:
i-Joseph Wang Nuclear Regulatory Commission Office of Nuclear Regulatory Research 301 492-3746 93
PETITION DOCKET NO:
- PRM-32-3 PETITIONER:
Advanced Medical Systems, Inc.
PART:
32 OTHER AffECTED PARTS:
None FEDERAL REGISTER CITATION:
October 10, 1991 (56 FR 51182)
SUBJECT:
Manufacturers and transferors of certain items containing byproduct material i
SUMMARY
The petitioner requests that the Nuclear Regulatory Commission amend its regulations that apply to.the manufacturers and transferors of certain items containing byproduct material to specify that these provisions apply to the manufacturers and suppliers of replacement parts as well as the manufacturers and transferors of the original units.
TIMETABLE:
A notice of receipt of this petition was published in the federal Register on October 10, 1991. The comment period closed on December 9, 1991.
Resolution of this petition is scheduled for October 1992.
CONTACT:
Joseph Mato Nuclear Regulatory Commission Office of Nuclear Regulatory Research 301 492-3795 L
l 94 l
PETITION DOCKET NO:
PRM-35-8 PETITIONER:
Amersham Corporation PART:
35 OTHER AFFECTED PARTS:
None FEDERAL REGISTER CITATION:
May 5, 1989 (54 FR 19378)
SUBJECT:
Iridium-192 Wire for the Interstitial Treatment of Cancer
SUMMARY
The petitioner requests that the Nuclear Regulatory Commission amend its regulations concerning the medical use of byproduct material to include Iridium-192 wire for interstitial treatment of cancer in the provisions of 10 CFR 35.400 which governs the use of sources for brachtherapy. Under current NRC regulations, a poten-tial user would be required to request and obtain a license amendment before using Iridium wire in brachythera)y treatments.
The petitioner requests this amendment so that eac1 medical use licensee that intends to use Iridium-192 wire for the interstitial treatment of cancer may do so without having to request and obtain a specific amendment to its license.
TIMETABLE:
A proposed rule entitled, " Iridium-192 Wire for Interstitial Treatment of Cancer (RIN 3150-A046)" has been developed to address this petition. A publication date for this proposed rule has not been established.
CONTACT:
Anthony Tse Nuclear Regulatory Commission Office of Nuclear Regulatory Research 301 492-3797 95
PE11 TION DOCKET NUMBER:
PRM-35-9 PETITIONER:
American College of Nuclear Physicians and the Society of Nuclear Medicine PART:
35 OTHER AFFECTED PARTS:
30, 33 FEDERAL REGISTER CITATION:
September 15, 1989 (54 FR 38239)
SUBJECT:
Use of Radiopharmaceuticals
SUMMARY
The petitioners request that the Commission revise its regulations to give cognizance to the appropriate scope of the practices of medicine and pharmacy.
The petitioners believe that 10 CfR Part 35 should be revised to recognize all the mechanisms that the food and Drug Administration (FDA) uses to authorize the use of radiopharmaceuticals. According to the petitioners, granting of this petition would allow nuclear physicians and nuclear pharmacists to reconstitute non-radioactive kits differently from the method recommended by the manufacturer; allow nuclear physicians and nuclear pharmacists to prepare radiopharmaceuticals whose manufacture and distribution are purposefully not regulated by FDA; and permit nuclear physicians to determine appropriate diagnostic and therapeutic applications of radiopharmaceuticals, as is their professional obligation.
The petitioners are interested in the requested action because, under current NRC regulations, members of the petitioning organizations believe they cannot appropriately practice their professions. The petitioners state that authorized user physicians cannot prescribe certain radiopharmaceuticals or routes of administration for optimal patient care, even though they are permitted to do so by FDA and by their state medical licenses. According to the petitioners, nuclear pharmacists have been disenfranchised as a professional entity because activities that are permitted by the FDA and the states are not allowed under NRC regulations.
96
1 PETITION DOCKET NUMBER:
pRM-35-9 TIMETABLE:
An interim final rule was published in the federal Register on August 23, 1990 (55 FR 34513), as a partial resolution of the petition (see rulemaking, " Authorization to Prepare Radiopharmaceutical Reagent Kits and Elute Radiopharmaceutical Generators; Use of Radiopharmaceuticals for Therapy" (RIN 3150-AD43) (Part 35)). The staff is working to resolve the remaining issues of the petition (see proposed rulemaking, "Use of Radiopharmaceuticals for Medical Research, Use of Biologics Containing Byproduct Material, and Compounding Radiopharmaceuticals" (RIN 3150-AD69) (Part 35)). This proposed rule is expected to be submitted to the ED0 in November 1992.
CONTACT:
Anthony Tse Nuclear Regulatory Commission Office of Nuclear Regulatory Research 301 492-3797 l
l s
97
p
. PETITION DOCKET NUMBER:
PRM-50-20 PETITIONER:
Free Environment, Inc., et al.
PART:
50 OTHER AFFECTED PARTS:
100 FEDERAL REGISTER CITATION:
May 19 1977 (42 FR 25785)
SUBJECT:
Reactor Safety Measures
SUMMARY
The petitioner requests that the Comission amend Part 50 before-proceeding with the processing of license applications for the Central lowa Nuclear Project to require that:
1 all nuclear reactors be located below ground level; (2) all(nu) clear reactors be housed in sealed buildings within which permanent heavy vacuums are maintained;-(3) a full-time Federal employee, with full authority to order the plant to be shut down in case of any operational abnormality, always be present in all nuclear generating stations; and (4) the Central lowa Nuclear Project and all other reactors be sited at least 40 miles from major popula-tion centers, i
The objective of the petition is to ensure that additional safety measures are employed in the construction and siting of nuclear power plants.
The petitioner seekN to have recomendations and procedures practiced or encouraged by various organizations and some current NRC guidelines adopted as mandatory requirements in the Comission's regulations.
The coment seriod closed July 18, 1977.
Three coments were I
received.
Tae first three parts of the petition (see Description section above) were incorporated with PRM-50-19 for staff-action
-purposes. A notice of denial for the third part of the petition was published -in the Federal Register on February 2, 1978 (43 FR 4466).
A notice of denial for the first two parts of the petition was published-April 19, 1978 (43 FR 16556).
98 3
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PETITION DOCKET NUMBER:
PRM-50-20 TIMETABLE:
The staff is planning to prepare a federal Register notice which will contain a denial for the remaining issue (item 4) in this petition. Resolution of the petition is scheduled for June 1992.
CONTACT:
Harry S. Tovmassian Nuclear Regulatory Commission Office of Nuclear Regulatory Research 301 492-3634
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99
I PETITION DOCKET NUMBER:
PRM-50-53
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PETITIONER:
The Ohio Citizens for Responsible Energy PART:
50 OTHER AffECTED PARTS:
None FEDERAL REGISTER CITATION:
July 25, 1989 (54 FR 30905)
SUBJECT:
Request for Reopening of ATWS Rulemaking Proceeding
SUMMARY
The petitioner requests that the NRC reopen the Anticipated Transients Without Scram (ATWS) rulemaking proceeding.
This request was one portion of a request by the Ohio Citizens for Responsible Energy (OCRE) that NRC take a number of actions to relieve alleged undue risks posed by the thermal-hydraulic instability of boiling water reactors. On April 27, 1989, the Director, NRR, responded to the OCRE request for action in a Director's Decision under 10 CFR 2.206.
In the Director's Decision (D0-89-03), the NRC denied all of the petitioner's requests, except for the request to reopen the ATWS rulemaking proceeding, which would be more properly treated as a petition for rulemaking under 10 CFR 2.802.
The petitioner suggested that resolution of the ATWS problem depends on measures other than tripping the recirculation pumps to rapidly reduce reactivity.
In this regard, the petitioner specifically suggests the use of an automatic, high-capacity standby liquid control system.
In a letter from the BWR Owner's Group (BWROG), dated September 18, 1989, which transmitted report NED0-31709, " Average Core Power During large Coro Thermal Hydraulic Oscillations in a BWR" the BWROG concluded that previous ATWS evaluations are valid and that existing ATWS provisions and actions are appropriate. The staff review of NED0-31709 concluded that the NEDO analyses, and other analyses performed by the BWROG contractors, were not sufficient to support their conclusions.
NRC Staff and contractors studies of ATWS scenarios were performed to determine if the potential power oscillations could be significant enough to warrant an ATWS rule change, modification of operator actions, or possible equipment / systems changes.
Several of the ATWS scenarios revealed the need for more detailed studies of the automatic responses and emergency procedures gcidelines (EPG's) used by plant operators.
l 100 l
PETITION DOCKET NUMBER:
PRM-50-53
SUMMARY
(CON 1)
The staff requested that the BWROG address the questions raised by the staff relative to operator actions and instrumentation adequacy for an A1WS with oscillations and the timing of the boron injection and water level reduction as effective means to control such transients.
The BWROG studies are scheduled to be completed in December 1991.
The staff will review the BWROG analysis and
{
determine the adequacy of the results.
Therefore, the staff considers it prudent to hold in abeyance, pending their review of the BWR00 analysis and informatiori discussed above, a response to the petitioners request to reopen the ATWS rulemaking proceedings.
TIME 1ABLE:
Resolution of the petition is scheduled for June 1992.
CONTACT:
Zoltan Rosztoczy Nuclear Regulatory Commission Office of Nuclear Regulatory Research 301 492-3765 101
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PETITION DOCKET NUMBER:
PRM-50-54 PEll110NER:
Public Citizen PART:
50 OTHER AffECTED PARIS:
None FEDERAL REGISTER CITATION:
March 12, 1990 (55 FR 9137)
SVDJECT:
Regulation of Independent Power Producers
SUMMARY
The petitioner requests that the Commission promulgate rules governing the licensing of independent power producers (IPPs) to construct or operate commercial nuclear power reactors.
The petitioner also requests that these rules include specific criteria for financial qualifications for an IPP seeking a construction permit or an operating license for a concercial nuclear power reactor. The petitioner believes that there is a growing movement towards non-utility IPPs owning, constructing, and/or operating nuclear reactors.
TIMETABLE:
Resolution of the petition is on hold pending availability of resources.
CONTACT:
Joseph Mate Nuclear Regulatory Commission Office of Nuclear Regulatory Research j
301 492-3795 I
102 I
l PETITION DOCKET NUMBER:
PRM-50-55 PETITIONER:
Yankee Atomic Electric Company PART:
50 OTHER AffECTED PARTS:
None FEDERAL REGISTER CITATION:
May 3, 1990 ($$ FR 18608)
SUBJECT:
Scheduling Final Safety Analysis Report Updates
SUMMARY
The petitioner requests that the Commission change the requirement that nuclear power plant licensee.t file revisions to the final safety analysis report not less than once a year.
The petitioner also requests that the regulations require that revisions be filed no later than six months after completion of each planned refueling outage for a licensee's facility.
TIMETABLE:
Resolution of the petition is scheduled for September 1992.
CONTACT:
Anthony J. DiPalo Nuclear Regulatory Commission Office of Nuclear Regulatory Research 301 492-3750 103
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1 I
I PETITION DOCKET NUMBER:
- PRM-50-56 PETITIONER:
Richard P. Grill PART:
50 01HER AFFECTED PARTS:
None FEDERAL REGISTER CITATION:
December 23, 1991; $6 FR 66377
SUBJECT:
Addition of lightning induced and other electrical transients to the required Itst of phenomena that licensed nuclear power plants and other nuclear facilities must be designed to withstand safely
SUMMARY
The petitioner requests that the Commission amend its regulations to add lightning induced and other electrical transients to the required list of phenomena that licensed nuclear power plants and ether nuclear facilities must be designed to withstand safely. The petitioner also requests that the NRC require licensees of nuclear power plants and other nuclear facilities to consider the effect of electrical transients on the operability and reliability of nuclear safety related systems and potential accident scenarios analyses.
TIMETABLE:
A notice of receipt of petition for rulemaking was published in the federal Register on December 23, 1991.
The public comment period ends on february 21, 1991.
Resolution of the petition is scheduled for December 1992.
CONTACT:
Sher Bahadur Nuclear Regulatory Commission Office of Nuclear Regulatory Research 301 492-3775
,).
104 l
PETITION DOCKET NUMBER:
PRM-60-3 PETITIONER:
Department of Energy PART:
60 i
OTHER AFFECTED PARTS:
None FEDERAL REGISTER CITATION:
July 13, 1990 (55 FR 28771)
August 10,1990(55FR32639)
SUBJECT:
Disposal of High-level Radioactive Waste
SUMMARY
The petitioner requests that the Commission amend its regulations pertaining to the disposal of high-level radioactive wastes in geologic repositories to include a specific dose critorion for design basis accidents.
The petitioner believes this would facilitate the development and licensing of a geologic repository for high-level radioactive waste.
TIMETABLE:
This petition will be resolved with publication of the related rulemaking, " Repository Operations Criteria" (RIN 3150-AD51). The publication date for this proposed rule is undetermined.
CONTACT:
Morton Fleishman Nuclear Regulatory Connission Office of Nuclear Regulatory Research 301 492-3794 105
l PETITION DOCKET NUMBER:
PRM-60-4 PETITIONER:
States of Washington and Oregon PART:
60 OTHER AffECTED PARTS:
l Hone FEDERAL REGISTER CITATION:
December 17, 1990 (55 FR 51732)
SUBJECT:
03finition of the Term 'High-level Radioactive Waste"
SUMMARY
The petitioner requests that the Commission amend its regulations to revise the definition of the term "high-level radioactive waste" so as to establish a procedural framework and substantive standards by which the Commission will detenmine whether reprocessing waste, including in particular certain waste stored at the U.S. Department of Energy's site at Handford, Washington, s
is high-level radioactive waste and therefore subject to the l
1 Commission's licensing authority.
TIMETABLE:
Resolution of this petition is scheduled for March 1992.
CONTACT:
John Randall Nuclear Regulatory Conunission 1
Office of Nuclear Regulatory Research l
301 492-3873 106
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