ML20117J223

NRC Regulatory Agenda.Semiannual Report.January-June 1996

ML20117J223
Person / Time
Issue date:	08/31/1996
From:	NRC OFFICE OF ADMINISTRATION (ADM)
To:
References
NUREG-0936, NUREG-0936-V15-N01, NUREG-936, NUREG-936-V15-N1, NUDOCS 9609100239
Download: ML20117J223 (58)

Text

NUREG-0936 Vol.15, No.1 NRC Regulatory Agenda Semiannual Report January - June 1996 U.S. Nuclear Regulatory Commission Office of Administration

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AVAILABILITY NOTICE Availability of Reference Materials Cited in NRC Publications Most documents cited in NRC publications will be available from one of the following sources:

1.

The NRC Public Document Room, 2120 L Street, NW., Lower Level, Washington, DC 20555-0001 2.

The Superintendent of Documents, U.S. Government Printing Office, P. O. Box 37082, Washington, DC 20402-9328 3.

The National Technical information Service, Springfield, VA 22161-0002 Although the listing that fo!!ows represents the majority of documents cited in NRC publica-tions, it is not intended to be exhaustive.

Referenced documents available for inspection and copying for a fee from the NRC Public Document Room include NRC correspondence and internal NRC memoranda; NRC bulletins,

)

circulars, information notices, inspection and investigation notices; licensee event reports; vendor reports and correspondence; Commission papers; and applicant and licensee docu-ments and correspondence.

The following documents in the NUREG series are available for purchase from the Government Printing Office: formal NRC staff and contractor reports, NRC-sponsored conference prc-ceedings, international agreement reports, grantee reports, and NRC booklets and bro-chures. Also available are regulatory guides, NRC regulations in the Code of Federal Regula-tions, and Nuclear Regulatory Commission Issuances.

Documents available from the National Technical Information 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 public and special technical libraries include all open literature i

items, such as books, journal articles, and transactions. Federal Register notices, Federal and State legislation, and congressional reports can usually be obtained from these libraries.

Documents such as theses, dissertations, foreign reports and translations, and non-NRC con-ference proceedings are available for purchase from the organization sponsoring the publica-tion cite.d.

Single copies of NRC draft reports are available free, to the extent of supply, upon written request to the Office of Administration, Distribution and Mail Services Section, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001.

Copies of industry codes and standards used in a substantive manner in the NRC regulatory process are maintained at the NRC Library, Two White Flint North,11545 Rockville Pike, Rock-ville, MD 20852-2738, for use by the public. Codes and standards are usually copyrighted and may be purchased from the originating organization or, if they are American National

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Standards, from the American National Standards Institute,1430 Broadway, New York, NY 10018-3308.

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h oREG-0936 l

Vol.15, No.1 l

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NRC Regulatory Agenda l

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Semiannual Report January - June 1996 l

l Manuscript Completed: August 1996 Date Published: August 1996 l

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Division of Freedom ofInformation and Publications Services Office of Administration U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 1

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Preface The Regulatory Agenda is a semiannual The dates listed under the heading " Timetable" compilation of all rules on which the NRC has for scheduled action by the Commission or the recently completed action, or has proposed action, Executive Director for Operations (EDO) on or is considering action, and of all petitions for particular rules or petitions are considered rulemaking that the NRC has received that are tentative and are not binding on the Commission pending disposition.

or its staff. They are included for planning purposes only. His Regulatory Agenda is Orgam,zat,on of the Agenda published to provide the public early notice and i

PPortunity to participate in the rulemaking The agenda consists of two sections that have been updated through June 28,1996.Section I, " Rules,"

Process. However, the NRC may consider or act includes (A) rules on which final action has been n any rulem king proceeding even if it is not included in this Regulatory Agenda. Conversely, taken since December 29,1995, the closing date of the melusion in this Regulatory Agenda of the last NRC Regulatory Agenda;(B) rules unpublished rules on which the NRC is published previously as proposed rules on which the i,

considering action does not commit the NRC to Comm,ssion has not taken final action: (C) rules publishing the rule for public comment in the published as advance notices of proposed Federal Register.

rulemakm, g for which neither a proposed nor final rule has been issued: and (D) unpublished rules on Rulemakings Approved by the Executive Director which the NRC expects to take action-for Operations (EDO)

Section II, " Petitions for Rulemaking," includes The Executive Director for Operations initiated a (A) petitions denied or incorporated into final procedure for the review of the regulations being ruler since December 29,1995;(B) petitions prepared by staff offices that report to him to incorporated into proposed rules; (C) petitions ensure that staff resources were being allocated to penditg staff review, and (D) petitions with achieve NRC's reguku priorities most deferred action.

effectively. This proceo re requires EDO approval before staff resources may be expended In Section i of the agenda, the rules are ordered on the development of any new rulemaking.

from the lowest to the highest part within Title 10, Chapter I, of the Code of Federal Regulations Those unpublished rules whose further (Title 10). If more than one rule appears under the development has been terminated will be noted in same part, the rules are arranged within that part this edition of the agenda and deleted from by date of most recent publication. If a rule subsequent editions. Rules whose termination was amends multiple parts, the rule is listed under the directed subsequent to publication of a notice of lowest affected part. In Section II of the agenda, proposed rulemaking or an advance notice of the petitions are ordered from the lowest to the proposed rulemaking will be removed from the highest part of Title 10 and are identified with a agenda after publication of a notice of withdrawal petition for rulemaking (PRM) number. If more in the Federal Register. Rules and Petitions for than one petition appears under the same CFR Rulemaking that appear in the agenda for the first part, the petitions are arranged by PRM numbers time are identified by an asterisk (*).

in consecutive order within that part of Title 10.

A Regulation Identifier Number (RIN) has been added to each rulemaking agenda entry. This Comments on any rule in the agenda may be sent identification number will make it easier for the to the Secretary of the Commission, U.S. Nuclear public and agency officials to track the Regulatory Commission, Attention: Docketing publication history of regulatory actions.

and Service Branch, Washington, DC 20555-0001.

iii NUREG-0936

Preface NRC Regulatory Agenda 1

Comments may also be hand delivered to One Additional Rulemaking Information White Flint North,11555 Rockville Pike, Rockville, Maryland, between 7:30 a.m. and For further information concerning NRC 4:15 p.m., Federa' workdays. Comments received rulemaking procedures or the status of any rule on rules for which the comment period has closed listed in this agenda, contact Betty K. Golden, will be considered if it is practical to do so, but Regulations Specialist, Rules Review and assurance of consideration cannot be given except Directives Branch, Division of Freedom of as to comments received on or before the closure Information and Publications Services, Office of dates specified in the agenda.

Administration, U.S. Nuclear Regulatorf Commission, Washington, DC 20555-0001,

'Ielephone (301) 415-6863 (persons outside the The agenda and any comments received on any Washington, DC, metropolitan area may call rule listed in the agenda are available for public toll-free: 800-368-5642), or e-mail inspection, and copying for a fee, at the Nuclear BKG2@NRC. GOV. For further information on Regulatory Commission's Public Document the substantive content of any rule listed in the Room,2120 L Street, NW. (Lower Level),

agenda, contact the individual listed under the Washington, DC, between 7:45 a.m. and 4:15 p.m.

heading " Agency Contact" for that rule.

NUREG-0936 iv

l Contents l

Page Preface..................................................................................

iii l

(A)

Final Rules 1.

Procedures for Submission of Petitions for Rulemaking (Part 2 ).........................

1 l

2.

Employee Protection Policies: Minor Amendments (Parts 19, 30, 40, 50, 60, 61, 70, 72)......

1 3.

Minor Correcting Amendments (Parts 19,30,51,52,55).................................

1 4.

Termination or 'Itansfer of Licensed Activities: Recordkeeping Requirements j

(Parts 20, 30, 40, 61, 70, 72)...........................................................

1 5.

Clarification of Reporting of Defects and Noncompliance for Materials Facilities (Part 21)..

1 l

6.

One-Time Extension of Certain Byproduct, Source, and Special Nuclear Material Licenses (Parts 30,40,70)............................................................

2 l

7.

Minor Amendments to Miscellaneous Cross-References (Parts 30,40, 70, 72)..............

2 l

8.

Production and Utilization Facilities; Emergency Planning and Preparedness Exercise Requirements (Part 50 ).....................................................

2 9.

License Renewal for Nuclear Power Plants; Scope of Environmental Effects (Part 51).......

3 l

10. Reasserting NRC's Sole Authority for Approving Onsite Low-Level Waste Disposal in Agreement States (Part 150).......................................................

3 1

11. Revision of Fee Schedules; 100 Percent Fee Recovery, FY 1996* (Parts 170,171)...........

3 l

(B)

Proposed Rules l

12. Availability of Official Records (Part 2)................................................

5

13. Constraint Level for Air Emissions of Radionuclides (Part 20 )..........................

5 l

14. Reporting Requirements for Unauthorized Use of Licensed Radioactive Material l

(Part 20).....................................

6 i

15. Radiological Criteria for Decommissioning of Nuclear Facilities l

(Parts 20, 30, 40, 50, 51, 70, 72)........................

6

16. Criteria for the Release of Patients Administered Radioactive Material (Parts 20,35).......

6

17. Fitness for Duty (Part 26)............................................................

7

18. Requirements for Possession of Industrial Devices Containing Byproduct Material (Pa r ts 31, 3 2)....................................................................

7 l

19. Requirements Concerning the Accessible Air Gap for Generally Licensed Devices l

(Pa rts 31, 3 2).....................................................................

7

20. Radiography and Radiation Safety Requirements for Radiographic Operations (Part 34)....

8

21. Codes and Standards for Nuclear Power Plants (ASME Code,Section XI, Division 1, Subsection IWE and Subsection IWL)(Part 50) 8

22. Shutdown Operations (Part 50).....................................................

9 l

23. Decommissioning of Nuclear Power Reactors (Part 50)..................................

9 v

NUREG-0936 l

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Contents i

l (B)

Proposed Rules (continued)

24. Reporting Reliability and Availability Information for Risk-Significant Systems and Eq ui p men t ( Pa rt 5 0)..................................................................

10

25. Reactor Site Criteria: Including Seismic and Earthquake Engineering Criteria for Nuclear Power Plants (Parts 5 0, 52, 100).............................................

10

26. Addition of Radon-222 and Technetium-99 Values to Table S-3 and Revisions Resulting from Consideration of Higher-Burnup Fuel (Part 51)..........................

10

27. Design Certification for Advanced Boiling Water Reactor (ABWR) (Part 52)..............

11

28. Design Certification for System 80 + (Part 52)..........................................

12

29. Elimination of Inconsistencies Between NRC Regulations and EPA HLW Standards i

(Part60)...........................................................................

12

30. Clarification of Assessment Requirements for Siting Criteria and Performance Objectives (Part60)...........................................................................

12

31. Disposal of High-Level Radioactive Wastes in Geologic Repositories: Design Basis Events l

(Part60)...........................................................................

13

32. Safeguards for Spent Nuclear Fuel or High-Level Radioactive Waste

( Pa rts 60, 72, 73, 75)................................................................

13

33. Criteria for an Extraordinary Nuclear Occurrence (Part 140).............................

14

34. Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Within an Agreement State * (Part 150 )....................................

14 (C)

Advance Notices of Proposed Rulemaking

35. Disposal by Release into Sanitary Sewerage (Part 20)...................................

15

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36. Distribution of Source and Byproduct Material: Licensing and Reporting Requirements l

( Parts 32 an d 40)....................................................................

15 t

37. Comprehensive Quality Assurance in Medical Use and a Standard of Care (Part 35).......

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38 Acceptability of Plant Performance for Severe Accidents; Scope of Consideration in Safety Regulations (Part 50)..........................................................

16

39. Steam Generator Ebe Integrity for Operating Nuclear Power Plants (Part 50).............

16

40. Revision to Nuclear Power Reactor Decommissioning Financial Assurance Implementation Requirements (Part 50)...............................................

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(D)

Unpublished Rules i

41. Deletion of Outdated References and Minor Changes (Parts 2, 51)........................

19

42. Criteria and Procedures for Determining Eligibility for Access to Restricted Data or National Security Information or an Employment Clearance (Part 10).....................

19

43. Minor Corrections and Clarifying Changes (Parts 20, 32, 35, 36, 39).......................

19

44. Protection of and Access to Classified Information for Licensee, Certificate Holder and Other Personnel (Parts 25, 95).........................................................

20 i

NUREG-0936 vi

Contents (D)

Unpublished Rules (continued)

45. Fitness for Duty (Scope Change) (Part 26).............................................

20

46. Deliberate Misconduct by Unlicensed Persons Regarding Applications (Parts 30, 40, 50, 60, 61, 70, 72, 150)...................................................

21

47. Specific Domestic Licenses of Broad Scope for Byproduct Material * (Parts 33)............

21

48. Administration of Byproduct Material or Radiation to Patients Who May Be Pregn an t ( Part 35)...................................................................

21

49. Codes and Standards for Nuclear Power Plants (Part 50)...............................

21

50. Performance-Oriented Requirements for Fire Protection of Nuclear Power Facilities (Part 50)...................................................................

22

51. Power Reactor Facilities Under a Possession Only License (Part 50).....................

23

52. Revision to Nuclear Power Reactor Decommissioning Cost Requirements (Part 50).........

23

53. Standardized Plant Designs, Early Review of Site Suitability Issues; Clarifying Amendments (Pa rts 50, 52, 140)..................................................................

24 i

54. Removal of Obsolete 10 CFR Part 53 (Part 53).........................................

24

55. Domestic Licensing of Special Nuclear Material-Revision (Part 70 )......................

24

56. Nuclear Power Reactor Physical Protection Requirements Update (Part 73)................

25 j

57. Changes to Nuclear Power Plant Security Requirements * (Part 73)........................

25

58. Export of Nuclear Equipment and Materials * (Part 110).................................

25

59. Revision of Fee Schedules; 100 Percent Fee Recovery, FY 1997* (Parts 170,171)............

25

60. Nuclear Regulatory Commission Acquisition Regulation * (48 CFR Chapter 20)............

26 I

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i vii NUREG-0936

Contents I

(A)

Petitions incorporated into rmal rules or petitions denied since December 29,1995 l

1.

Petitioner / Petition Docket Number: Measurex Corporation (PRM-150-3).................

27 (B)

Petitions incorporated into proposed rules NONE (C)

Petitions pending staff review 2.

Petitioner / Petition Docket Number: Ohio Citizens for Responsible En e rgy, I nc. ( PRM 2).............................................................

29 3.

Petitioner / Petition Docket Number: Keith J. Schiager, Ph.D., et al. (PRM-20-21)..........

29 4.

Petitioner / Petition Docket Number: University of Cincinnati" (PRM-20-24)..............

29 5.

Petitioner / Petition Docket Number: mb-microtec (USA) (PRM-32-4)...................

29 i

6.

Petitioner / Petition Docket Number: Amersham Corporation * (PRM-34-5)...............

30 7.

Petitioner / Petition Docket Number: Tri-Med Specialties, Inc. (PRM-35-12)...............

30 l

8.

Petitioner / Petition Docket Number: National Registry of Radiation Protection Technologists (NRRPT) (PRM-35-13)................................................

30 l

I 9.

Petitioner / Petition Docket Number: IsoStent, Inc.* (PRM-35-14).........................

30

10. Petitioner / Petition Docket Number: North Carolina Public Utility Commission ( P RM 5 7)...........................................................

31

11. Petitioner / Petition Docket Number: Virginia Electric and Power Company (PRM-50-59)...

31 j

12. Petitioner / Petition Docket Number: Virginia Electric and Power Company (PRM-50-60)...

31 l

13. Petitioner / Petition Docket Number: Nuclear Energy Institute (PRM-50-61)...............

32 i

14. Petitioner / Petition Docket Number: Nuclear Energy Institute (PRM-50-62)...............

32

15. Petitioner / Petition Docket Number: Peter G. Crane (PRM-50-63).......................

32

16. Petitioner / Petition Docket Number: Heartland Operation to Protect the Environment (PRM-61-3).......................................................................

32

17. Petitioner / Petition Docket Number: U.S. Department of Energy (PRM-71-11)............

33

18. Petitioner / Petition Docket Number: Portland General Electric Company (PRM-72-2)......

33

19. Petitioner / Petition Docket Number: Fawn Shillinglaw* (PRM-72-3).....................

33

20. Petitioner / Petition Docket Number: Envirocare of Utah, Inc. (PRM-150-2)..............

33 (D)

Petitions with deferred action NONE NUREG-0936 viii

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(A) FINAL RULES PUBLISIIED SINCE December 29,1995 i

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1 NRC Regulatory Agenda Final Rules j

t 1.

Procedures for Submission of Petitions for of Federal Regulations (CFR). These changes in

[

Rulemaking (Part 2 )

the CFR text occurred in the process of preparing

~

RIN: 3150-AF23 and printing rulemaking documents.

Abstract. The proposed rule would have Timetable: Final Rule Published 03/12/% 61 FR 9901 amended the Commission's regulations by creating three categories of petitions for hihRule Effective rulemaking, which are not explicitly included in the current regulations. The Commission has Legal Authority: 42 USC 2201; 42 USC 5841 determined that this rulemaking is unnecessary Effects on Small Business and Other and has withdrawn this proposed rule.

Entities. None Timetable:

ef a hdra 1 Published Agency

Contact:

Michael T Lesar, Office of Adm,mstration, (301) 415-7163 i

Legal Authority: 42 USC 2201; 42 USC 2231; 42 USC 2241; 42 USC 2282 4.

Termination or'nansfer of Licensed Effects on Small Business and Other Activities: Recordkeeping Requirements Entities. None (Parts 20,30,40,61,70, 72)

RIN: 3150-AF17 Agency

Contact:

T. Y. Chang, Office of l

Nuclear Regulatory Research, (301) 415-6450 Abstract. The final rule amended the Commission's regulations pertaining to tN l

2.

Employee Protection Policies; Minor disposition of certain records when a licensee Amendments (Parts 19,30,40,50,60,61, terminates licensed activities or licensed activities 70, 72) are transferred to another licensee. These RIN: 3150-AF45 amendments require a licensee to transfer records necessary to evaluate offsite consequences and to Abstract. The direct final rule amended the decommission the facility effectively to the new Commission's regulations related to notices to licensee if licensed activities will continue at the workers and to employee protection policies, same location and to fonvard records, such as These amendments update a telephone number, waste disposal and dose records, to the NRC once clarify the applicability of employment the license is terminated, discrimination policies, and update NRC Form 3.

Timetable: Final Rule Published Timetable: Direct Final Rule Published 05/16/% 61 FR 24669 02/22/% 61 FR 6762 Final Rule Effective i

Direct Final Rule Effective 06/17/ %

04/22/96 Legal Authority: 42 USC 2201; 42 USC 5841 Legal Authority: 42 USC 2201; 42 USC 5841 Effects on Small Business and Other Effects on Small Business and Other Entities. None Entities. None Agency

Contact:

Mary L. Thomas, Office of Agency

Contact:

Mark Haisfield, Office of Nuclear Regulatory Research, (301) 415-6230 Nuclear Regulatory Research, (301) 415-61%

5.

Clarification of Reporting of Defects and 3.

Minor Correcting Amendments (Parts 19, Noncompliance for Materials Facilities 30,51,52,55)

(Part 21) i RIN: 3150-AF42 RIN: 3150-AE18 i

Abstract. The final rule amended the Abstract. The proposed rule would have i

Commission's regulations to correct several amended the Commission's regulations 1

miscellaneous errors in regulatory text in the Code concerning the reporting of defects and 1

NUREG-0936

)

Final Rules NRC Regulatory Agenda noncompliance to clarify the applicability of these Timetable: Final Rule Published provisions to materials and fuel cycle licensees. The 06/12/% 61 FR 29636 proposed rule was being developed in response to Final Rule Effective an NRC internal audit, and also in response to a 06/12/ %

parallel review of these regulations as they apply t LCEal Authority 42 USC 2201; 42 USC 5841 materials licensees. He Commission has determined that this rule is unnecessary and has Effects on Small Business and Other withdrawn this proposed rulemaking.

Entities. None Timetable: Proposed Rule Withdrawn Agency

Contact:

Jayne M. McCausland, 04/15/ %

Office of Nuclear Regulatory Research,(301) 415-6219 Legal Authority: 42 USC 2201; 42 USC 5846 Effects on Small Business and Other 8.

Production and Utilization Facilities; Entities. Yes Emergency Planning and Preparedness Agency

Contact:

Clark Prichard, Office of Exercise Requirements (Part 50 )

Nuclear Regulatory Research, (301) 415-6203 R1N: 3150-AF20 Abstract. The final rule amended the 6.

One-Time Extension of Certain Byproduct, Source, and Special Nuclear Material Commission s regulations governing domestic Licenses (Parts 30,40,70) licensing of production and utilization facilities, as necessary, to facilitate greater flexibility in the RIN: 3150-AF38 licensee's activities associated with the annual Abstract. The final rule authorizes, on a "off-year" exercise. This exercise is conducted to one-time basis, a five-year extension of certain evaluate major portions of licensees' emergency byproduct, source, and special nuclear material response capabilities. This amendment preserves licenses. The provisions of the licenses, under the the existing requirement that each licensee, at extension, would provide the same authorizations each site, to conduct an exercise biennially with and limits on licensee activities as they do now.

Participation by States and local governments The final rule specifies those licenses whose within the plume exposure pathway emergency license expiration dates are not extended.

planning zone (EPZ). This amendment requires licensees to continue enabling State and k) cal Timetable: Final Rule Published governments in plume exposure pathway EPZs to l

01/16/96 61 FR 1109 participate in exercises and in drills in the interval h3hule Effective between exercises. This amendment also grants, in i

part, a petition for rulemaking submitted by the Legal Authority: 42 USC 2201; 42 USC 5841 Virginia Electric and Power Company Effects on Small Business and Other (PRM-50-58).

Entities. Undetermined Timetable: Final Rule Published 06/14/% 61 FR 30129 Agency

Contact:

John Pelchat, Region II, Final Rule Effective (404) 331-5083 07/15/ %

7.

Minor Amendments to Miscellaneous Legal Authority: 42 USC 2201; 42 USC 2231; 42 USC 2241; 42 USC 2282 Cross-References (Parts 30, 40, 70, 72)

RIN: 3150-AF50 Effects on Small Business and Other Entities. None Abstract. The final rule amended the Commission's regulations to achieve consistency Agency

Contact:

Michael Jamgochian, in the cross-references associated with several Office of Nuclear Regulatory Research,(301) recent changes to the Commission's regulations 415-6534 affecting decommissioning.

)

NUREG-0936 2

l

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_m NRC Regulatory Agenda Final Rules i

9.

License Renewal for Nuclear Power Plants; Effects on Small Business and Other Scope of Environmental Effects (Part 51)

Entities. None RIN: 3150-AD63 l

Agency

Contact:

Joseph J. Mate, Office of Abstract. The final rule amends the Nuclear Regulatory Research, (301) 415-6202 Commission's regulations by establishing new requirements for environmental review of l

11. Revision of Fee Schedules; 100 Percent Fee applications for renewal of nuclear power plant operating licenses. The final rule defines the Recovery, FY 1996* (Parts 170,171) number and scope of environmental issues that RIN: 3150-AF39 need to be addressed as part of a license renewal application.

Abstract. The final rule amended the Timetable: Final Rule Published licensing, inspection and annual fees charged to 06/05/% 61 FR 28467 NRC licensees and applicants for an NRC license.

i Final Rule Effective The amendments are necessary to recover 08/05/ %

approximately 100 percent of the NRC budget Effective Date Extended authority for FY 1996,less the amount 09/05/ %

appropriated from the Nuclear Waste Fund. The Legal Authority: 42 USC 2201; 42 USC Omnibus Budget Reconciliation Act of 1990 (Act) 5841; 42 USC 5842 requires that NRC recover approximately 100 percent of its budget authority, less the amount Effects on Small Business and Other appropriated from the Nuclear Waste Fund, for Entities. None Fiscal years 1991 through 1998. The Act requires Agency

Contact:

Donald P. Cleary, Office of that the fees for FY 1996 must be collected by Nuclear Regulatory Research, (301) 415-6263 September 30,1996. The dollar amount to be recovered for FY 1996 is $462.3 million.

10. Reasserting NRC's Sole Authority for Timetable: Pr sed Rule Published Approvmg Onsite Low-Level Waste Disposal 01/ 0$96 61 FR 2948 in Agreement States (Part 150)

Comment Period Ended RIN: 3150-AC57 02/29/96 Final Rule Published Abstract. The proposed rule would have 04/12/96 61 FR 16203 established NRC as the sole authority for Final Rule Effective approving onsite disposal of very low-level waste 06/11/96 at all NRC-licensed reactors and at Part 70 l

facilities. The Commission has determined that Legal Authority:

this rulemaking is unnecessary and has withdrawn Effects on Small Business and Other this proposed rule.

Entities. None Timetable: Notice of Withdrawal Published 05/29/% 61 FR 26852 Agency

Contact:

C. James Holloway, Jr.,

Legal Authority: 42 USC 2201; 42 USC Office of the Controller, (301) 415-6213 2021; 42 USC 5841 4

3 NUREG-0936 l

I (B) PROPOSED RULES

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NRC Regulatory Agenda Proposed Rules

12. Availability of Official Records (Part 2)

Legal Authority: 42 USC 2201; 42 USC 5841 RIN: 3150-AC07 Effects on Small Business and Other Abstract. The proposed amendment would Entities. None conform the NRC's regulations pertaining to the availability of official records to existing case law Agency

Contact:

Catherine M. Holzle, and agency practice. The amendment would Office of the General Counsel,(301) 415-1560 reaffirm that 10 CFR 2.790(c) provides submitters of information a qualified right to have their

13. Constraint Level for Air Emissions of mformation returned upon request. This Radionuclides (Part 20 )

amendment informs the public of three additional circumstances where information will not be RIN: 3150-AF31 returned to the applicant, i.e., information which has been made available to an advisory committee Abstract. The proposed rule would amend or was received at an advisory committee meeting, the Commission's regulations to provide a information discussed at an open Commission constraint level for air emissions of radionuclides meeting under the Government in Sunshine Act, of 10 mrem /yr, similar to the program developed and information that is subject to a pending pursuant to 10 CFR Part 50, Appendix I, for Freedom of Information Act request.

power reactors. The amendment would apply to The proposed amendment woulli also NRC licensees other than power reactor licensees.

The benefit to NRC licensees would be that they address the NRC's procedures for handhng would only have to demonstrate compliance to a copyrighted information, meludm, g reproduction single regulatory authority (NRC) and methods for and distribution according to normal agency demonstration of compliance would be simplified.

practice. The NRC, in receiving submittals and The cost of this action to the NRC is negligible, as makmg its normal distributions, routinely the inspection of NRC facilities subject to EPA photocopies submittals, makes microfiche of the requirements is being performed by NRC pmsuant submittals, and ensures that these fiche are to the NRC's ALARA inspection guidance. The i

distributed to the Public Document Room, Local benefit to the NRC would be that continued i

Public Document Rooms, all appropriate internal negotiations with EPA on recision of Subpart I offices, and made available to the National would not be needed. This action is part of an Technical Information Service. This broad ongoing effort to develop a basis for recision of the distribution and reproduction is made to increase Environmental Protection Agency's regulations in 40 pubhc understandmg of the peaceful uses of CFR Part 61.

atomic energy. The proposed rule would not prevent submitters from applying 10 CFR Timetable:

sed Rule Published 2.790(b)(1) procedures to information that contains PrW3)95 60 FR 63984 12 trade secrets or privileged or confidential Comment Period Ended commercial or financial information (proprietaiy 03/12/ %

information) and it is recognized that some Final Rule Published information in those categories may be 11/00/96 copyrighted. Proprietary information status exempts this material from public disclosure and hgal Authority: 42 USC 2201; 42 USC is not to be confused with handling pursuant to 2231; 42 USC 2241; 42 USC 2282 copyright designation.

Effects on Small Business and Other Timetable: Proposed Rule Published Entities. None 12/23/92 57 FR 61013 Comment Period Ended Agency

Contact:

Charleen T Raddatz, 03/08/93 Office of Nuclear Regulatory Research, (301)

Final Rule Published 415-6215 Undetermined 5

NUREG-0936

i Proposed Rules NRC Regulatcry Ag:nds I

l

14. Reporting Requirements for Unauthorized that time, it was anticipated that an interagency i

Use of Licensed Radioactive Material working group organized by the Environmental (Part 20)

Protection Agency would develop necessary Federal RIN: 3150-AF44 guidance. However, in the absence of significant progress by the mteragency workmg group, the Abstract: The proposed rule would add a Commission has directed that the NRC exgdite new requirement for licensees to notify the NRC rulemaking because the requirements, ona final, Operations Center of any diversion oflicensed will provide licensees with an incentive o complete radioactive material from its intended or site decommissionings.

authorized use. The proposed rule would require licensees to notify the NRC as soon as possible of The proposed rule would establish basic radiolo8 cal criteria for release of lands and i

such m, e, dents that are either m, ientional or i

structures. Measurables, m. the form of surface allegedly intentional or where the licensee is unable within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> of discovery to rule out and volume radioactivity concentrations and site that the use was intentional. The proposed rule radioactivity mventory values, would be provided would require reporting of events that could lead in supportmg regulatory guidance. These to an exposure of individuals whether or not the combmed activities should benefit the pubh,c, exposure exceeds the regulatory limits.

industry, and the NRC by providmg a n,sk-based framework upon which decommissiomng activities Timetable: Proposed Rule Published and license terminations can be accomplished.

01/31/% 61 FR 3334 The framework will ensure adequate protection of Comment Period Ended public health and safety and identify residual 03/01/9 radioactivity criteria upon which licensees can Extension of Comment Pen. d o

confidently develop reasonable and responsible 02/28/% 61 FR 7431 decommissionmg plans.

Comment Period Ended Timetable: Proposed Rule Published 03/31/ %

08/22/94 59 FR 43200 Final Rule Published 09/00/ %

Comment Pen. d Ended o

12/20/94 Legal Authority: 42 USC '201; 42 USC 5841 Final Rule Published 12/00/96 Effects on Small Business and Other Entities. None Legal Authority: 42 USC 2201; 42 USC 5841 Agency

Contact:

Mary Thomas, Office of Effects on Small Business and Other Nuclear Regulatory Research, (301) 415-6230 Entities. Yes Agency

Contact:

Frank Cardile, Office of Nuclear Regulatory Research, (301) 415-6185

15. Radiological Criteria for Decommissioning of Nuclear Facilities (Parts 20,30,40,50,51,

16. Criteria for the Release of Patients 70, 72)

Administered Radioactive Material R1N: 3150-AD65 (Parts 20,35)

Abstract. 'Ihe proposed rule would amend RIN: 3150-AE41 the Commission's regulations to codify the basic Abstract. The proposed rule would amend pnnciples and radiological criten,a that would allow the Commission's regulations to revise the patient decommissioned lands and structures to be released release criteria contained in 10 CFR 35.75, and for unrestricted public use. In the final rule entitled, the applicability of the dose limits for members of General Requ,irements for Decommissionmg the public in 10 CFR 20.1301' Nuclear Facilities"(June 27,1988: 53 FR 24018), the need and urgency for guidance with respect to The Commission has received three petitions residual contamination criteria was expressed. At for rulemaking, PRM-20-20, PRM-35-10, and NUREG-0936 6

1 NRC Regulatory Agenda Proposed Rules l

PRM-35-11, to amend its regulations regarding Legal Authority: 42 USC 2201; 42 USC 5841 radiation exposure that individuals may receive Effects on Small Business and Other from patients who have been medically Entities. None adm, istered radioactive materials, and the m

criteria under which this patient may be released Agency

Contact:

Imren Bush, Office of from confinement. The petitioners believe that the Nuclear Reactor Regulation, (301) 415-2944 current requirements of Parts 20 and 35 would 3

cause patients to be confined unnecessarily

18. Requirements for Possession of Industrial i

beyond the time needed for medical reasons.

Devices Containing Byproduct Material Timetable: Proposed Rule Published (Parts 31,32) 06/15/94 59 FR 30724 RIN: 3150-AD34 o ment Period Ended Abstract. The proposed rule would amend the Commission's regulations for the possession of Final Rule Published industrial devices containing byproduct material to 10/00/96 require device users to report to the NRC initially j

Legal Authority: 42 USC 2201; 42 USC 5841 and then on a periodic basis. He report would indicate that the device is still in use or to whom Effects on Small Business and Other the device has been transferred. He proposed rule Entities. None would be the most efficient method, considering the Agency

Contact:

Stewart Schneider, Office number of general licensees and the number of of Nuclear Regulatory Research, (301) 415-6225 devices currently in use, for assuring that devices are not improperly transferred or inadvertently discarded. The proposed rule is necessary to avoid

17. Fitness for Duty (Part 26) unnecessary radiation exposure to the publi that RIN: 3150-AF12 may occur when an improperly discarded device is Abstract. The proposed rule would amend included in a batch of scrap metal for reprocessing.

the Commission's fitness for duty regulations.

The proposed rule would also avo,d the unnecessary i

j This proposed rule would also address the expense mvolved in retnevmg the manufactured items fabncated from contammated metal.

petition for rulemaking from Virginia Electric and j

Power Company (PRM-26-1), and address the Timetable: Proposed Rule Published Regulatory Review Group items on audit 12/27/91 56 FR 67011 frequency and annual submittal of data. The Comment Period Ended i

Virginia Electric and Power Company requested 03/12/92 that the Commission amend its fitness-for-duty Final Rule Published regulations to change the frequency that licensees Undetermined are required to audit their fitness-for-duty Legal Authority: 42 USC 2111; 42 USC programs from annually to biennially. The 2114; 42 USC 2201 Commission and the EDO approved the staff proposals in SECY-92-308, but asked that the Effects on Small Business and Other staff resubmit the SECY paper to address a Entities. Yes backfit analysis. The staff proposals as Agency

Contact:

Joseph J. Mate, Office of resubmitted to the Comnussion m SECY-95-262 Nuclear Regulatory Research, (301) 415-6202 m October 1995 were approved for publication as a proposed rule in March 1996.

19. Requirements Concerning the Accessible Air Timetable: Proposed Rule Published Gap for Generally Licensed Devices 05/09/% 61 FR 21105 (Parts 31,32) i Comment Period Ends 08/07/96 RIN: 3150-AD82 Final Rule Published Abstract. He proposed rule would amend 06/00/97 the Commission's regulations to prevent 7

NUREG-0936

Proposed Rules NRC Regulatory Agenda unnecessary radiation exposure to individuals proposed. 'This proposed rule would also respond to resulting from the use of gauging devices containing a petition for rulemaking from International Union radioactive sources. Dese devices are routinely of Operating Engineers - Imcal No. 2 (PRM-34-4).

used for measuring material density, level, weight, moisture, and thickness. The proposed rule would Timetabic: Proposed Rule Published 02/28/94 59 FR 9429 provide for additional regulatory control over devices with both an accessible air gap and Comment Period Ended radiation levels that exceed specified values.

05/31/94 Final Rule Published Timetable: Pr(

sed Rule Published 11/00/96 11/ 7 92 57 FR 56287 Comment Petiod Ended legal Authority: 42 USC 2201; 42 USC 5841 03/29/93 Final Rule Published Effects on Small Business and Other Undetermined Entities. Yes Legal Authority: 42 USC 2073; 42 USC Agency

Contact:

Donald Nellis, Office of 2093; 42 USC 2111; 42 USC 2232; 42 USC 2233; Nuclear Regulatory Research, (301) 415-6257 42 USC 2273; 42 USC 5842 Effects on Small Business and Other

21. Codes and Standards for Nuclear Power Entities. None Plants (ASME Code,Section XI, Division 1, Subsection IWE and Subsection IWL)

Agency

Contact:

Stephen McGuire, Office (Part 50) of Nuclear Regulatory Research, (301) 415-6204 RIN: 3150-AC93

20. Radiography and Radiation Safety He proposed rule would Abstract.

Requirements for Radiographic Operations incorporate by reference Subsection IWE, (Part 34)

" Requirements for Class MC Components of RIN: 3150-AE07 Light-Water Cooled Power Plants," and Subsection Abstract. The proposed rule would amend IWL, " Requirements for Class CC Concrete the Commission's regulations on licenses for Components of Light 4Wter Cooled Power Plants,"

radiography and radiation safety requirements for of Section XI (Division 1) of the American Society radiographic operations. The proposed rule would of Mechanical Engineers Boiler and Pressure Vessel revise 10 CFR Part 34 to clarify the requirements in Code (ASME Code). Subsection IWE provides the

$ 34.27 and conform Part 34 with the approach rules and requirements for insenice inspection, developed by the Conference of Radiation Control repair, and replacement of Class MC pressure Program Directors, Inc. (Part E of the " Suggested retaining components and their integral attachments State Reguhtions for Control of Radiation"), and in light-water ccx> led power plants. Subsection IWL the State of Texas in Part 31 of the Texas prmides the rules and requirements for insenice Regulations for Control of Radiation. Comments inspection and repair of the reinforced concrete and and suggestions from regulatory groups, users, and post tensioning systems of Class CC components.

manufacturers will be considered in the overall Incorporation by reference of Subsection revision. %e NRC will also consult Canadian atomic energy control regulations that relate to IWE and Subsection IWL will provide systematic examination rules for contamment structure for radiography.

meeting Criterion 53 of the General Design The proposed rule is necessary because of Criteria (Appendix A of 10 CFR Part 50) and frequent misinterpretations of the prmisions of Appendix J of 10 CFR Part 50. Age-related Part 34 and the need to clarify the requirements of degradation of containments has occurred, and l

10 CFR 3427. He staff is currently preparing an additional and potentially more serious

)

options paper which will examine the issues, set degradation mechanisms can be anticipated as priorities, and provide direction for the rulemaking nuclear power plants age.

NUREG-0936 8

NRC Regulatory Agenda Proposed Rules If the NRC did not take action to endorse Timetable: Proposed Rule Approved the Subsection IWE and Subsection IWL rules, by the EDO 07/93 the NRC position on examination practices for Proposed Rule Published containment structure would have to be 10/19/94 59 FR 52707 established on a case-by-case basis and improved Comment Period Ended 01/03/95 examination practices for steel containment structures might not be implemented. The other fu!!she h alternatives of mcorporatmg these detailed Final Rule Published examination requirements into the American 07/00/97 National Standard ANSI /ANS 56.8-1981 or into Appendix J are not feasible.

Legal Authority: 42 USC 2201; 42 USC 5841 Incorporating by reference the latest edition Effects on Small Business and Other and addeuda of Subsection IWE and Subsection Entitics. None IWL will save applicants / licensees and the NRC staff both time and effort by providing uniform Agency

Contact:

Warren Lyon, Office of detailed criteria against which the staff can review Nuclear Reactor Regulation, (301) 415-3892 any single submission. Adoption of the proposed amendment would permit the use of improved

23. Decommissioning of Nuclear Power methods for containment inservice inspection.

Reactors (Part 50)

Timetable: Proposed Rule Published RIN: 3150-AE96 01/07/94 59 FR 979 Comment Period Ended Abstract. The proposed rule would amend 03/23/94 the Commission's regulations on the Extension of Comment Period decommissioning procedures that lead to the Published 03/28/94 59 FR 14373 termination of an operating license for a nuclear Comment Period Ended 04/25/94 power plant and release of the property for Final Rule Published 11/00/96 unrestricted use. The proposed amendments Legal Authority: 42 USC 2201; 42 USC 5841 would clarify ambiguities that have arisen in the past and codify practices that have been used for Effects on Small Business and Other other licensees on a case-by-case basis. By Entities. None adopting these provisions, the current regulatory Agency

Contact:

Wallace E. N 3rris, Office burden will be reduced by permitting licensees of Nuclear Regulatory Research,(301) 415-6796 greater flexibility m makmg financ,al decisions in i

decommissionmg. Substantial cost savmgs for licensees and the NRC would be realized by

22. Shutdown Operations (Part 50) eliminating the requirement for submittal of a RIN: 3150-AE97 Preliminary decommissioning plan to NRC and the need to wait for NRC approval before Abstract. The proposed rule would amend undertaking any decommissioning activities.

the Commission's regulations by adding i

regulatory requirements for shutdown and low Timetable Proposed Rule Published power operations of commercial nuclear power 07/20/95 60 FR 37374 plants. Following publication of a proposed rule Comment Period Ended for comment, the staff determined that the rule,

{1 5

p regulatory analysis and regulatory guide would be 09/00/96 rewritten to reflect a performance basis for normal shutdown operations with a programmatic Legal Authority: 42 USC 5841; 42 USC requirement to address abnormal operation 5842; 42 USC 5846 conditions. The NRC staff is also in the process of modifying the proposed rule to address Effects on Small Business and Other requirements for operation of fuel storage pools.

Entities. None 9

NUREG-0936

i Proposed Rul:s NRC Regulatory Agenda Agency

Contact:

Carl Feldman, Office of application of the procedures and methods set Nuclear Regulatory Research, (301) 415-6194 forth in the current regulation and to incorporate the rapid advancements in the earth sciences and

24. Reporting Reliability and Availability caythquake engineering. The proposed rule Information for Risk-Significant Systems pnmanly consists of two separate changes, and Equipment (Part 50) namely, the source term and dose considerations, "E

RIN-3150-AF33 considerations of reactor sitmg.

Abstract. 'Ihe proposed rule would amend The Commission is also proposing to deny the the Commission's regulations to require that remaining issue in a petition for rulemaking filed by licensees for commercial nuclear power reactors Free Environment, Inc., et al. (PRM-50-20).

report summary reliability and availability data for risk-significant systems and equipment to the NRC.

Timetable: Proposed Rule Published 10/20/92 57 FR 47802 The proposed rule would also require licensees to maintain onsite, and to make available for NRC Comment Period Ended inspection, records and documentation that provide 02/17/9,3

& tension of Comment Pen,od the basis for the summary data reported to the Published NRC. This proposed rule is necessary to substantially improve the NRC's ability to make Comment Period Ended risk-effective regulatory decisions, which will 06/01/93 enhance both efficiency and protection of public health and safety.

pry 7$94 59 FR 52bublished sed Rule Re 10/

5 Comment Period Ended l

Timetable: Pro osed Rule Approved 05/12/95 by t e Commission 10/24/95 Proposed Rule Published Final Rule Published 02/12/96 61 FR 5318 11/00/ %

hy96 kgal Authority: 42 USC 2201; 42 USC 5841 ent Period Ends Final Rule Published Effects on Small Business and Other 12/00/96 Entities. Undetermined Legal Authority: 42 U.S.C. 2201,42 U.S.C.

Agency

Contact:

Leonard Soffer, Office of 5841 Nuclear Regulatory Research, (301) 415-6574 Effects on Small Business and Other Entities. None

26. Addition of Radon-222 and Technetium-99 Values to Table S-3 and Revisions Resulting Agency

Contact:

Denm. Allison, Office for s

from Consideration of IIigher-Burnup Fuel Analysis and Evaluation of Operational Data, (Part 51)

(301) 415-6835 RIN: 3150-AA31

25. Reactor Site Criteria; Including Seismic and Abstract. The proposed rule would amend Earthquake Engineering Criteria for the Table of Uranium Fuel Cycle Environmental Nuclear Power Plants (Parts 50,52,100)

Data (Table S-3) by adding new estimates for RIN: 3150-AD93 p tential releases of technetium-99 and radon-222 and by updatmg other estimates. The proposed Abstract. The proposed rule would amend rule's narrative explanation (NUREG-1481) also the Commission's regulations to update the describes the basis for the values contained in criteria used in decisions regarding power reactor Table S-3, explains the environmental effects of siting, including geologic, seismic, and earthquake these potential releases from the I WR Fuel Cycle, engineering considerations for future nuclear and postulates the potential radiation doses, power plants. The proposed rule would allow health effects, and environmental impacts of these NRC to benefit from experience gained in the potential releases. The proposed rule would also NUREG-0936 10

NRC Regulatory Agenda Proposed Rules amend 10 CFR 51.52 to modify the enrichment

27. Design Certification for Advanced Boiling value of U-235 and the maximum level of average Water Reactor (ABWR) (Part 52) fuel irradiation (burnup in megawatt-days of thermal power per metric ton of uranium). The RIN: 3150-AE87 narrative explanation also addresses important fuel cycle impacts and the cumulative impacts of Abstract. The proposed rule would revise the the nuclear fuel cycle for the whole nuclear power Commission's regulations by certifying the U.S.

industry so that it may be possible to consider.

Advanced Boiling Water Reactor (ABWR) standard these impacts genencally rather than repeatedly in mdividual heensmg proceedmgs, thus reducing design in accordance with the requirements of Part 52.

potential litigation time and costs for both NRC If a standard design is certified, then an applicant for a c mbm.ed license that references the certified design and applicants.

will be assured of receiving an approval for the portion The proposed revision of 10 CFR 51.51 and of the plant that was approved in the certification the narrative explanation was published for public rulemaking. This amendment references the design review and comment on March 4,1981 (46 FR control document (DCD) and sets fodh the process for 15154). The final rulemaking was deferred changing information in the DCD. General Electric pending the outcome of a suit (Natural Resources Nuclear Engineering has prepared the DCD for the Defense Council, et al. v. NRC, No. 74-1486) in ABWR design, which contains the design information the U.S. Circuit Court of Appeals. The U.S. Court to be certified by the rule and approved by the rule of Appeals (D.C. Circuit) decision of April 27,1982, (so-called Tier 1 and Tier 2 information). The NRC is invalidated the entire Table S-3 rule. The Supreme reviewing two applications for standard design Court reversed this decision on June 6,1983.

certifications for two evolutionary nuclear power plant designs pursuant to Part 52 (see " Design Certification I

He proposed rule and the explanatory narrative for Table S-3, NUREG-1481, have been f r System (RIN No. 3%AN).

revised to reflect new modeling developments during the time the rulemaking was deferred. Final Timetable: ANPRM Published action on the Table S-3 rule was held in abeyance 11/03/93 58 FR 58664 until new values for radon-222 and technetium-99 ANPRM Comment Period could be added to the table and covered in the Ended 01/03/94 narrative explanation. We rule is being reissued as a proposed rule because the scope has been Proposed Rule Published expanded ta include radiation values for radon-222 04/07/95 60 FR 17902 and technetium-99 and the narrative explanation Comment Period Ended has been extensively revised from that published on 08/07/95 March 4,1981 (46 FR 15154):

Extension of Comment Period Published 05/30/96 61 FR 27027 Prbsed Rule Published Timetable:

03 81 46 FR 15154 Comment Penod Ended 07/23/ %

Comment Period Ended Final Rule Published 05/M/81 Undetermined l

Pro osed Rule Published i

n etennined Legal Authority: 42 USC 2201; 42 USC 5841 Legal Authority: 42 USC 2011; 42 USC 2201; 42 USC 4321; 42 USC 5841; 42 USC 5842 Effects on Small Business and Other Effects on Small Business and Other Entities. None i

Entities. None Agency

Contact:

Stanley Turel, Office of Agency

Contact:

Jerry N. Wilson, Office of Nuclear Regulatory Research, (301) 415-6234 Nuclear Reactor Regulation, (301) 415-3145 i

11 NUREG-0936

Proposed Rules NRC Reguhtery Ag:nds 1

28. Design Certification for System 80+

29. Elimination of Inconsistencies Between NRC (Part 52)

Regulations and EPA IILW Standards (Part 60)

RIN: 3150-AF15 RIN: 3150-AC03 Abstract.The proposed rule would revise the Abstract. The proposed rule would Commission's regulations by certifying the System eliminate several inconsistencies with the EPA 80+ standard design in accordance with the standards to be developed for the disposal of requirements of Part 52. If a standard design is HLW in deep geologic repositories. Congress has certified, then an applicant for a combined license authorized the National Academy of Sciences that references the certified design will be assured (NAS) to recommend HLW standards to EPA for of receiving an approval for the portion of the Specific application to Yucca Mountain. The EPA plant that was approved in the certification must issue new standards upon completion of the rulemaking. This amendment references the NAS Review. This proposed rule has been design control document (DCD) and sets forth the superseded by the Energy Policy Act of 1992.

process for changing information in the DCD.

Therefore, this proposed rule will be withdrawn.

ABB-Combustion Engineering has prepared the The NRC will issue a new rulemaking based on DCD for the System 80+ design, which contains NAS recommendations.

the design information to be certified by the rule Timetable: Pr osed Rule Published and approved by the rule (so-called Tier 1 and 06/Y9/86 51 FR 22288 Tier 2 information). The NRC is reviewing two Comment Period Ended applications for standard design certifications for 08/18/86 two evolutionary nuclear power plant designs Notice of Withdrawal Published pursuant to Part 52 (see " Design Certification for Undetermined Advanced Boiling Water Reactor (ABWR)"(RIN No. 3150-AE87).

Legal Authority: 42 USC 10101 Effects on Small Business and Other Timetable: ANPRM Published Entities. None 11/03/93 58 FR 58664 Agency

Contact:

Sher Bahadur Office of ANPRM Comment Period Ended Nuclear Regulatory Research, (301) 415-6237 01/03/94 Proposed Rule Published

30. Clarification of Assessment Requirements 04/07/95 60 FR 17924 for Siting Criteria and Performance Comment Period Ended Objectives (Part 60)

RIN: 3150-AE40 I ension of Cemment Period Published 05/30/M 61 FR 27027 Abstract. 'Ihe proposed rule would amend Comment Period Ended the Commission's regulations concerning regulatory 07/23/96 requirements for licensing of high-level waste Final Rule Published geologic repositories. The relationship described in Undetermined 9 60.21 of the siting criteria in 99 60.122 (defined in tenns of potentially adverse and favorable Legal Authority: 42 USC 2201; 42 USC 5841 conditions) and the performance objectives in 99 60.112 and 60.113 has been the subject of Effects on Small Business and Other conflicting interpretations. The proposed rule would Entities. None resoke the proNem of conflicting interpretations of the terms " adequately m, vestigated" and " adequately evaluated" which are used with reference to the Agency

Contact:

Jerry N. Wilson, Office of potentially adverse conditions in 9 60.122. In Nuclear Reactor Regulation, (301) 415-3145 addition, the proposed rule would resolve the conflicting interpretations of the relationship of NUREG-0936 12

NRC Regulatory Agenda Proposed Rules performance assessment and potentially adverse requirements for the establishment of a preclosure conditions.

controlled area intended to protect public health The proposed rule would also revise sg 60.21 and safety from radiation from a broad range of and 60.122 by removing the analysis requirements accident conditions; (2) the radiation protection requirements for workers and members of the from 6 60,122 and placm, g them m 9 60.21. Tlus would be consistent with other techm, cal aspects public during normal or otherwise anticipated conditions; and (3) the definition of structures, of 10 CFR Part 60. These sections would also be revised to clarify that sitmg entena must be systems, and components important to safety for which certain design and quality assurance appropnately considered in the compliance criteria apply. Guidance is needed from NRC on demonstration for the performance objectives of 99 60.112 and 60.113. Separate acceptabihty these matters to enable DOE to proceed with the assessrnents for m, dividual potentially adverse development of a proposed design for a geologic repository.

conditions are not required.

Timetable: Proposed Rule Published A June 30,1995, Staff Requirements 03/22/95 60 FR 15180 Memorandum, SECY 95-019, disapproved Comment Period Ended issuance of the proposed final amendments at this 06/20/95 time, due to significant Congressional activity with Final Rule Published regard to the Nuclear Waste Pohey Act, and 09/00/96 directed staff to reconsider the need for the amendments or guidance upon determining that Legal Authority: Public Law 97-425; the legislative situation has stabilized.

42 USC 10101 i

Timetable: Proposed Rule Published Effects on Small Business and Other j

07/09/93 58 FR 36902 Entities. None

$#nt Period Ended Agency

Contact:

Richard A. Weller, Office 3

of Nuclear Material Safety and Safeguards, h-.nal Rule, Published (301) 415-7287 Undetermined legal Authority: 42 USC 10101: Public

32. Safeguards for Spent Nuclear Fuel or Law 9M, lligh-Level Radioactive Waste (Parts 60,72, Effects on Small Business and Other 73, 75)

Entities. None RIN: 3150-AF32 Agency C(mtact: Sandra Wastler, Office of Abstract. The proposed rule would amend Nuclear Matenal Safety and Safeguards, the Commission's regulations to clarify safeguards (301) 415-6724 requirements for spent nuclear fuel or high-level radioactive waste stored at independent spent fuel

31. Disposal of Iligh-Ixtel Radioactive Wastes storage installations, power reactors that have in Geologic Repositories; Design Basis permanently ceased reactor operations, monitored Events (Part 60) retrievable storage installations, and geologic RIN: 3150-AD51 repository operations areas. This rule would allow general beensees the option of implementmg the Abstract. The proposed rule would amend proposed safeguards requirements for spent the Commission's regulations to clarify preclosure nuclear fuel stored in approved casks at operating regulatory requirements for high-level waste power reactor sites. This action is necessary to geologic repositories. Several issues associated reduce the regulatory uncertainty regarding the with preclosure regulatory requirements have been safeguards requirements for the storage of spent raised due to different interpretations of the nuclear fuel and high-level radioactive waste rulemaking record for 10 CFR Part 60. Rese without reducing the level of protection for public involve: (1) the lack of clearly prescribed health and safety.

13 NUREG-0936

Prcposed Rulis NRC Regulatory Agenda l

i Timetable: Proposed Rule Published Effects on Small Business and Other 08/15/95 60 FR 42079 Entities. None Comment Period Ended Agency

Contact:

Harry Tovmassian, Office 11/13/95 of Nuclear Regulatory Research, (301) 415-6231 Final Rule Published Undetermined

34. Recognition of Agreement State Licenses in Legal Authority: 42 USC 2201; 42 USC 5841 Areas Under Exclusive Federal Jurisdiction Within an Agreement State * (Part 150 )

Effects on Small Business and Other Entities. None RIN: 3150-AF49 Abstract. The proposed rule would amend Agency

Contact:

John Telford, Office of the Comm,ssion's regulations to allow Agreement i

Nuclear Regulatory Research, (301) 415-6229 State licensees to seek reciprocal recognition of their license from the NRC when they are working

33. Criteria for an Extraordinary Nuclear within areas of exclusive Federaljurisdiction in Occurrence (Part 140)

Agreement States. The proposed amendment 1

RIN: 3153-AB01 w uld also clarify the NRC regulatory requirements applicable to Agreement State Abstract. The proposed rule would revise licensees operating under reciprocity and clarify the criteria for an extraordinary nuclear the fee requirements applicable to the Agreement occurrence (ENO) to eliminate the problems that State licensees.

were encountered in the Three Mile Island ENO Timetable: Pr osed Rule Published determmation. The Commission has reevaluated 06ff8/96 61 FR 30839 the need for this rulemakmg and has determined, Comment Period Ends based on safety benefit and cost, that th,si 09/03/96 rulemakmg is unnecessary, and plans to withdraw Final Rule Published this proposed rule.

12/00/96 Timetable: Proposed Rule Published LCEal Authority: 42 USC 2201; 42 USC 5841 04/09/85 50 FR 13978 Comment Period Ended Effects on Small Business and Other 09/06/85 Entities. Yes Notice of Withdrawal Published Agency

Contact:

Mark Haisfield, Office of Undetermined Nuclear Regulatory Research, (301) 415-6196 Legal Authority: 42 USC 2201; 42 USC 2210; 42 USC 5841; 42 USC 5842 l

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NUREG-0936 14

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35. Disposal by Release into Sanitary Sewerage Timetable: ANPRM Published (Part 20) 10/28/92 57 FR 48749 RIN: 3150-AE90 Comment Period Ended 01/26/93 Abstract. The advance notice of proposed i

rulemaking requested public comment, Notice of Withdrawal Published l

information, and recommendations on Undetermined l

contemplated amendments to the Commission's regulations governing the release of radionuclides from licensed nuclear facilities into sanitary sewer Legal Authority: 42 USC 2201; 42 USC 5841

' systems. The Commission believes that by i

incorporating current sewer treatment Effects on Small Business and Other l

technologies the contemplated rulemaking would Entities. Undetermined i

improve the control of radioactive materials i

released to sanitary sewer systems by licensed Agency

Contact:

Catherine R. Mattsen, l

nuclear facilities. This rulemaking would also Office of Nuclear Regulatory Research,(301) address a petition for rulemaking (PRM-20-22) 415-6264 submitted by the Northeast Ohio Sewer District (October 20,1993; 58 FR 54071).

37. Comprehensive Quality Assurance in Timetable: ANPRM Published 02/25/94 59 FR 9146 Medical Use and a Standard of Care (Part 35) l Comment Period Ended 05/26/94 RIN: 3150-AC42 Proposed Rule Published Undetermined Abstract. The advance notice of proposed rulemaking (ANPRM) was published to request i

Legal Authority 42 USC 2201; 42 USC 5841 public comment on the extent to which, in addition to the basic quality assurance procedures Effects on Small Business and Other (that are addressed in another rulemaking action Entities. None entitled " Preparation, Transfer for Commercial i

Agency

Contact:

George Powers, Office of Distribution, and Use of Byproduct Material for Nuclear Regulatory Research. (301) 415-6212 Medical Use"(RIN 3150-AD69)), a more comprehensive quality assurance requirement is needed and invited advice and recommendations l

36. Distribution of Source and B product on 20 issues to be addressed in the rulemaking.

3 Material: Licensing and Reporting The Commission has reevaluated the need for this Requirements (Parts 32 and 40) rulemaking and has determined, based on safety RIN: 3150-AE33 benefit and cost, that this rulemaking is unnecessary and plans to withdraw this ANPRM.

I Abstract. The advance notice of proposed rulemaking (ANPRM) was published to request Timetable: ANPRM Published public comment on contemplated amendments to 10/02/87 52 FR 36949 l

the Commission's regulations governing the licensing of source material and mill tailings. The Comment Period Ended Commission has reevaluated the need for this 12/31/87 rulemaking and has determined, based on safety benefit and cost, that this rulemaking is unnecessary Notice of Withdrawal Published and plans to withdraw this ANPRM.

Undetermined 15 NUREG-0936

ANPRMs NRC Regulatory Agenda legal Authority: 42 USC 2111; 42 USC management approach. The schedule for issuance 2201; 42 USC 5841 of the proposed rule is principally determined by EITects on Small Business and Other staff analysis of severe accident risk from Entities. None degraded tube performance under postulated Agency

Contact:

Anthony Tse, Office of conditions and subsequent completion of the Nuclear Regulatory Research, (301) 415-6233 regulatory analysis.

38 Acceptability of Plant Performance for Timetable: ANPRM Approved by the EDO Severe Accidents; Scope of Consideration in 02/18/94 Safety Regulations (Part 50)

ANPRM Published RIN: 3150-AE38 09/19/94 59 FR 47817 Comment Period Ended Abstract. The advance notice of proposed 12/05/94 rulemaking (ANPRM) was published to request public comment on amending the Commission's Proposed Rule Published reguhtions to decouple source term and dose 02/00/97 calculations from reactor siting and to permit the use of updated source term insights for future Legal Authority: 42 USC 2201; 42 USC 5841 light water reactors. The Commission has reevaluated the need for this rulemaking and has Effects on Small Business and Other determmed that, based on safety benefit and cost, Entities. None this rulemaking is unnecessary and plans to withdraw this ANPRM.

Agency

Contact:

Tim Reed, Office of Timetable: ANPRM Published Nuclear Reactor Regulation, (301) 415-1462 09/28/92 57 FR 44513 Comment Period Ended 12/28/92

40. Revision to Nuclear Power Reactor Notice of Withdrawal Published Decommissioning Financial Assurance Undetermined Implementation Requirements (Part 50)

Legal Authority 42 USC 2201; 42 USC 5841 RIN: 3150-AF41 Effects on Small Ilusiness and Other Entities: Undetermined Agency

Contact:

Leonard Soffer, Office of Abstract. The advance notice of proposed Nuclear Regulatory Research, (301) 415-6574 rulemaking would amend the Commission's regulations to modify the financial assurance

39. Steam Generator 'Ibbe Integrity for requirements for the decommissioning of nuclear Operating Nuclear Power Plants (Part 50) power plants. The impact of deregulation of the power generating industry has created uncertainty RIN: 3150-AFM with respect to the availability of decommissioning Abstract. The advance notice of proposed funds and would likely require a modification of the rulemakmg (ANPRM) was published to request financial mechanism required by the NRC to public comment on the Commission s regulations pertaining to steam generator tube integrity. The Provide decomnu..ssiomng funds when needed. The objective of the rule would be to implemen't a ANPRM would also require power reactor licensees more flexible regulatory framework for steam to report periodically on the status of their generator surveillance and maintenance activities decommissioning trust funds during an extended that would maintain adequate assurance of tube safe storage period. The ANPRM would invite integrity while allowing a degradation-specific public comment on issues pertaining to the form NUREG-0936 16

NRC Regulatory Agenda ANPRMs 1

and content of the nuclear power plant Proposed Rule Published decommissioning financial assurance requirements 12/00/ %

as they related to electric utility deregulatica I*8al Authority: 42 USC 2201; 42 USC 5841 Timetable: ANPRM Published Entiti s one 04/08/% 61 FR 15427 Agency

Contact:

Brian J. Richter, Office of Comment Period Ended Nuclear Regulatory Research, (301) 415-6221 06/24/96 17 NUREG-0936

f l

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(D) UNPUBLISHED RULES l

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NRC Regulatory Agenda Unpublished Rules

41. Deletion of Outdated References and Minor current 10 CFR Part 10 is not fully compliant with Changes (Parts 2,51) the requirements of the NISPOM and the new RIN: 3150-AF43 Executive Orders. Some areas of inconsistency are the NRC Criteria for Determining Eligibility for Abstract. He direct final rule would amend Access to Restricted Data or National Security the Commission's regulations by deleting outdated Information or an Employment Clearance and the references. This direct final rule would clarify that NRC Due Process Appeal Procedures 10 CFR Part the NRC may use discretion to not require a 10 must be amended to ensure its consistency with I

written statement from a licensee in response to a established national policy for the protection of notice of violation if the NRC believes that the classified information and due process, licensee had already adequately addressed all the issues contamed in that notice.

Timetable: Proposed Rule Approved by the EDO 05/01/95 l

Timetable: Direct Final Rule Published 11/00/96 Proposed Rule Published i

Undetermined Legal Authority: 42 USC 2201; 42 USC 5841 Legal Authority: 42 USC 2165; 42 USC Effects on Small Business and Other 2201; 42 USC 5841; E.O.12958; E.O.12%8; E.O.

Entilies. None 10865; E.O.10450 l

Agency

Contact:

Mark Au, Office of Effects on Small Business and Other Nuclear Regulatory Research, (301) 415-6181 Entities. None Agency

Contact:

James J. Dunleavy, Office

42. Criteria and Procedures for Determining of Administration,(301)415-7403 Eligibility for Access to Restricted Data or National Security Information or an

43. Minor Corrections and Clarifying Changes Employment Clearance (Part 10)

(Parts 20,32,35,36,39) l RIN: 3150-AF48 RIN: 3150-AF46 Abstract. The proposed rule would amend Abstract. The proposed rule would amend the Commission's regulations conforming NRC the Commission's regulations to incorporate policy for access to and protection of National minor corrections and clarifying changes to Security Information and Restricted Data to new 10 CFR Part 20 and also make conforming national policies for the protection of this type of changes to 10 CFR Parts 32,35,36, and 39. In i

information. 'Ihe existing regulations were issued addition, a minor policy change is proposed that I

before the October 31,1994, approval of the would revise the monitoring criterion for minors National Industrial Security Program Operating and for declared pregnant women.

Manual (NISPOM) by the Deputy Secretary of Defense and the April 17,1995 and August 2,1995, Timetable: Proposed Rule Published signature of Executive Orders 12958, " Classified 08/00/96 National Security Information," and 12968, " Access Final Rule Published to Classified Information," by the President. The 01/00/97 l

NISPOM establishes a uniform Government policy l

for the protection of classified National Security Legal Authority: 42 USC 2201; 42 USC Information and Restricted Data withm mdustrial 2231; 42 USC 2241; 42 USC 2282 facilities under a contractual or other (e.g. license)

Effects on Small Business and Other i

legal relationship with the Government. Executive Entities. None i

Order 12958 revises the government-wide requirements for classification and protection of Agency

Contact:

Jayne M. McCausland, National Security Information, and Executive Order Office of Nuclear Regulatory Research, (301) 12968 revises the government-wide requirements for 415-6219 access to National Security Information. He i

19 NUREG-0936

Unpublished Rules NRC Regulatory Aginda

44. Protection of and Access to Classified Timetable: Proposed Rule Approved Information for Licensee, Certificate lloider by the EDO 05/01/95 and Other Personnel (Parts 25,95)

Proposed Rule Published RIN: 3150-AF37 08/00/ %

Abstract. The proposed rule would amend legal Authority: 42 USC 2165; 42 USC the Commission's regulations conforming NRC 2201; 42 USC 2273; 42 USC 5841; E.O.12829; policy for access to and protection of National E.O.12958; E.O.10865 Security Information and Restricted Data to new national policies for the protection of this type of Effects on Small Business and Other information. The existing regulations were issued Entities. None before the October 31,1994, approval of the National Industrial Security Program Operating Agency

Contact:

Duane O. Kidd, Office of Manual (NISPOM) by the Deputy Secretary of Administration, (301) 415-7403 Defense and the April 17,1995, and August 2, 1995, signature of Executive Orders 12958,

" Classified National Security Information," and

45. Fitness for Duty (Scope Change) (Part 26) 12968, " Access to Classified Information," by the RIN-3150-AF13 President. The NISPOM establishes a uniform-Government policy for the protection of classified Abstract. The proposed rule would amend National Secunty Information and Restricted Data withm industrial facilities under a the Commission's regulations by changing the contractural or other (e.g., license) legal scope of the random drug testing requirements. A study is being conducted to evaluate the necessity relationslup with the Government. Execut.ive Order 12958 revises the government-wide for a rule change that would amend the Commission's regulations by limiting the requirements for classification and protect. ion of National Secunty Information, and Executive applicability of the random drug testing Order 12968 revises the government-wide requirements to certain categories of workers. The scope change is being considered to balance the requirements for access to National Secun.ty Information. The current 10 CFR I arts 25 and 95 NRC's responsibility to protect public health and are not fully compliant with the requirer. :its of safety, and a worker's perception of NRC encroachment into workers expectations of the NISPOM and the new Executise Orders.

privacy. A general notice was published in the Some areas of mconsistency are revised accountability requirements for Secret Federal Register on May 11,1994 (59 FR 24373) to solicit public comments on various options for mformation, revised regmrements for review of forcy;n ownership, control or mfluence changing the random drug testing scope.

considerations, new locking mechanism Thirty-four packages of comments were received.

The comments will be considered as part of the requirements, etc. These regulations must be sM's recommendation to the Commission on a amended to ensure their consistency with.

course of action' established national policy for the protection of classified information.

Timetable: Proposed Rule Published The proposed rule would have no impact on Undetermined the public, since they do not possess NRC classified information, minimal impact on the Ixgal Authority: 42 USC 2201; 42 USC 5841 nuclear industry since it principally involves Effects on Small Ilusiness and Other procedural changes for the small segment of the industry which does possess classified Entities. None information, and limited impact on NRC since it slightly increases the amount of security Agency

Contact:

Charles Hendren, Office processing involved in granting facility security of Nuclear Reactor Regulation, (301) 415-3209 clearances.

NUREG-0936 20

NRC Regulatory Agenda Unpublished Rules

46. Deliberate Misconduct by Unlicensed codification of guidance and license standard Persons Regarding Applications (Parts 30, review plans for management oversight of 40,50, 60, 61,70, 72, 150) broad-scope licensed programs that include the RIN-3150-AF35 r le f the Radiation Safety Officer, the responsibilities of the Radiation Safety Abstract. The proposed rule would amend Committee, supervision, qualifications of the the Commission's regulations to put applicants authorized user, the use of audits and inventory for NRC licenses and other unlicensed persons requirements, and security and control of licensed doing work for applicants on notice that they may material.

be subject to enforcement action under the Commission's existmg regulations regardmg Timetable: ANPRM Published deliberate misconduct. The current regulations 09/00/96 require that all information submitted to the Legal Authority: 42 USC 2111; 42 USC 5841 Commission be complete and accurate. This proposed rulemaking would correct an apparent Effects on Small Business and Other oversight from when the Deliberate Misconduct Entities. No.

rule was adopted in 1991 and make that rule Agency

Contact:

Patricia Holahan, Office of apply to applicants and to their employees, Nuclear Material Safety and Safeguards,(301) contractors, and subcontractors, including 415-7847.

consultants.

Timetable: Proposed Rule Published

48. Administration of Ilyproduct Material or 10/00/96 Radiation to Patients Who May Ile Pregnant (Part 35)

Legal Authority: 42 USC 2201: 42 USC 5841 RIN: 3150-AE44 Effects on Small Ilusiness and Other Entities. Undetermined Abstract. The proposed rule would amend the Commission's regulations concerning the Agency

Contact:

7bny DiPalo, Office of medical use of byproduct material. The proposed Nuclear Regulatmy Research, Washington, DC rule would require medical use licensees to take 20555,(301) 415-6191 actions to prevent unintended radiation exposures to an embryo or fetus. The proposed rule would

47. Specific Domestic Licenses of Ilroad Scope also require reporting of these events.

for Byproduct Material * (Parts 33)

Timetable: Proposed Rule Published RIN: 3150-AF54 Undetermined Abstract. The Commission is seeking leg i Auth rity: 42 USC 2111; 42 USC comments and suggestions on possible revisions 2112: 42 USC 2201: 42 USC 2232; 42 USC 2233:

to its regulations governing specific licenses of 42 USC 2236: 42 USC 2282 hroad scope for byproduct material to clarify the Effects on Small Ilusiness and Other regulatory and health and safety basis of current Entities. None licensing practices and to provide licensees with the flexibility to make certain types of changes to Agency

Contact:

Samuel 7. Jones, Office of their radiation safety programs. Part 33 currently Nuclear Regulatory Research. (301) 415-6198 provides limited requirements for this type of license. In addition to staff efforts considering the

49. Codes and Standards for Nuclear Power possible need for clarification of requirements for Plants (Part 50) broad scope licensees, the Incident Investigation RIN: 3150-AE26 Team reviewing a recent incident involving ingestion of phosphorus-32 at a broad scope Abstract. The proposed rule would amend facility also recommended that changes to Part 33 the Commission's regulations to (1) eliminate the be considered. The NRC is also considering 120-month update requirements for licensecs' 21 NUREG-0936

Unpublished Rules NRC Regulatory Agenda inservice inspection (ISI) and inservice testing submitted. All safety-significant code changes (IST) programs; (2) establish baseline regulatory that the staff determines to be cost beneficial for requirements that would: incorporate by the safe operation of the nuclear power plants will reference the American Society of Mechanical be specifically imposed in the regulations. One Engineers (ASME) Code for Operation and example in the current rulemaking is the Maintenance of Nuclear Power Plants (the OM requirement that licensees implement Section XI, Code), maintain the 1989 Edition of Section 111 Appendix VIII," Performance Demonstration for and Section XI of the ASME Boiler and Pressure Ultrasonic Examination System," which provides l

Vessel Code (the BPV Code). require certain rules for performance demonstration for l

licensees to complete one final update to their ISI ultrasonic examination procedures, equipment, and IST programs, and delete the existing and personnel used to detect and size flaws in l

supplementary requirements for IST of nuclear power plant components, which will be l

containment isolation valves; (3) allow alternatives imposed on an expedited schedule to improve the l

to the regulations and ASME Code rules under quality of ISI.

certain circumstances such as the temporary The proposed amendment contains changes corrective measures identified m a new Appendix to the implementation structure of 10 CFR 50.55a, l

A to the regulations, and clarify the ISI and IST establishes alternative rules (to be contained in requirements for nuclear plant components not the rule or listed in a regulatory guide) which may required to be constructed in accordance with be implemented by licensees on a voluntary basis ASME Code Class 1,2, or 3; (4) identify

( nd may require pnor NRC approval), and safety-significant Code changes that would be identifies safety-sigmficant code changes that required to be imp!cmented by licensees; and (5) should be implemented by licensees. These establish a new regulatory guide that would actions support substantial reductions m document NRC review and acceptance of OM regulatory burden, without an adverse impact on f

Code Cases

• safety, as determmed by the staff during the j

review of a cost-beneficial licensing action Eliminating the 120-month update req w st.

requirements from the existing regulations would j

permit licensees to continue using their existing Timetable: Proposed Rule Published l

ISI and IST programs; however, certain licensees Undetermined that have not yet updated the 1989 Edition of Section XI of the ASME BPV Code would be Legal Authority: 42 USC 2201; 42 USC 5841 required to implement one final update of their Effects on Small Business and Other ISI and IST programs when their current intervals Entities. None expire. The proposed rule would incorporate by reference the ASME OM Code into the Agency

Contact:

Frank C. Cherny, Office of Nuclear Regulatory Research, (301) 415-6786; Wan regulations.

Cheng (Winston) Liu, Office of Nuclear The proposed rule would allow alternatives Regulatory Research, (301) 415-5887; Patricia to the regulations and ASME Code rules under Campbell, Office of Nuclear Reactor Regulation, certain circumstances. For example, the NRC staff (301) 415-1311.

has developed an alternative to the requirements of Section XI of the ASME BPV Code that

50. Performance-Oriented Requirements for specifies guidance for performing temporary Fire Protection of Nuclear Power Facilities corrective measures for service-induced (Part 50) degradation of ASME Code Class 3 piping, which RIN-3150-AF29 has been added as an appendix to the rule. Other alternatives that the staff has found acceptable Abstract: The proposed rule would amend will be identified in the rule or in a regulatory the Commission's fire protection regulations for guide. If a licensee elects to implement the voluntary adoption by nuclear power plant alternatives listed in the regulatory guide, a licensees. The requirements would be request pursuant to 10 CFR 50.55a(a)(3) must be performance-oriented and risk-based, allow NUREG-0936 22

NRC Regulatory Agenda Unpublished Rules

+

flexibility in the implementation of safety Timetable: Proposed Rule Published objectives, and allow the use of probabilistic risk -

Undetermined analysis and fire-model computer codes to demonstrate compliance with the safety Legal Authority: 42 USC 2201; 42 USC 5841 objectives. This proposed rule would also respond Effects on Small Business and Other to a petition for rulemaking (PRM-50-61),

Entities. Undetermined submitted by the Nuclear Energy Institute, to amend current regulations to establish a more Agency

Contact:

Carl Feldman, Office of flexible alternative to the current prescriptive Nuclear Regulatory Research,(301) 415-6194.

regulation in Appendix R of 10 CFR Part 50.

52. Revision to Nuclear Power Reactor Timetable: Proposed Rule Published Decommissioning Cost Requirements (Part Undetermined 50)

RIN: 3150-AF40 Legal Authority: 42 USC 2201; 42 USC 2231; 42 USC 2241; 42 USC 2282 Abstract. He notice of proposed rulemaking would amend the Commission's regulations to allow Effects on Small Business and Other licensees greates flexibility by allowing site-specific Entities: None funding amounts different from the NRC's generic values by both lesser and greater amounts. Re Agency

Contact:

Moni Dey, Office of current regulations only allow amounts greater than Nuclear Regulatory Research, (301) 415-6443 the generic values. The proposed rule would provide additional savings to a license because the required level of decommissioning funding may be

51. Power Reactor Facilities Under a Possession reduced. Alternatively, the proposed rule may allow Only License (Part 50) licensees to collect more funds to cover a higher RIN: 3150-AF16 estimate of required decommissioning funding.

Usmg a site-specific cost estimate would provide a licensee greater flexibility in dealing with Abstract. The proposed rule would amend site-specific issues such as differences in the Commission's regulations regardmg decommissioning methodology, expected waste possession only licensee applications for case volumes, and anticipated labor efforts to perform specific exemptions that no longer have relevance.

specific tasks. His would be fairer to ratepayers Currently, when a power reactor heensee obtains than using the generic estimate provided in the rule.

a possession only license amendment (POL), the Moreover, licensees would be able to use an existing licensee must apply for case specific exemptions PC-based, NRC-endorsed code to incorporate from provisions of 10 CFR that no longer have site-specific conditions into their cost estimate.

relevance. This is a time consuming process for However, annual decommissioning cost updates both the licensee and the NRC and can result m a would be required for the site-specific cost non-coherent and non-uniform process. To remedy estimates, just as they presently are for the constant this situation, proposed rulemakmg is currently dollar amounts.

being considered. An information base is being developed by Brookhaven National Laboratory on For licensee submittal of site-specific which of the applicable parts of the 10 CFR apply decommissioning cost estimates, the burden on to power reactors which have a POL. There are the NRC staff may be lessened by issuance of a two categories of applicability, parts of the 10 regulatory guide endorsing use of the NRC code CFR which no longer apply, and parts which or a licensee supplied one. However, additional partially apply. Once this information base is NRC staff resources would be needed for the complete it will be incorporated through review if many licensees elect to use the rulemaking. This rule will also address a petition site-specific funding option for decommission for rulemaking from North Carolina Public Utility cost estimates. Should half of the licensees use the Commission (PRM-50-57).

option, it is estimated that the NRC's burden 23 NUREG-0936

Unpublished Rules NRC Regulatory Agenda would amount to 0.2 staff year. Assuming a

54. Removal of Obsolete 10 CFR Part 53 (Part licensee elected to use a site-specific cost estimate 53) and used the NRC-endorsed code,it is estimated RIN: 3150-AF47 that the licensee burden would be about 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> to input and run the NRC-endorsed code. If the Abstract. The final rule would amend the licensee were required to provide NRC specified Commission's regulations by removing 10 CFR input parameters with their cost estimate, it is Part 53, " Criteria and Procedures for Determining estimated that, for those licensee cost estimates the Adequacy of Available Spent Nuclear Fuel that the NRC staff chooses to audit, the NRC Storage Capacity," from the Code of Federal staff burden to input and run the NRC-endorsed Regulations. The current regulations establish code would be about 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br />. The requirements procedures for nuclear plant owners to follow for for code use and input parameter specifications obtaining a determination from the NRC that the would be described in a regulatory guide.

plant cannot provide adequate spent fuel storage capacity. The NRC determination was needed for Timetable: Proposed Rule Published DOE to enter into negotiations for providing Undetermined interim Federal storage of spent fuel. This determination had to be made before January 1, Legal Authority: 42 USC 2201; 42 USC 5841 1990, therefore, the regulation is now obsolete.

Effects on Small Business and Other Timetable: Final Rule Published Entities. None 07/09/96 E"' ^"

Agency

Contact:

Brian J. Richter, Office of Nuclear Regulatory Research,(301)415-6221 Effects on Small Business and Other Entities. None

53. Standardized Plant Designs, Early Review of Agency

Contact:

Gorden Gundersen, Office Site Suitability issues; Clarifying of Nuclear Regulatory Research,(301) 415-6195 Amendments (Parts 50,52,140) mepe Ucenskg of Special Nuclear RIN: 3150-AE25 Material-Revision (Part 70 )

Abstract. The proposed rule would amend RIN: 3150-AF22 the Commission's regulations by deleting Abstract. The proposed rule would amend Appendices M, N,0, and Q from 10 CFR the Commission's regulations to provide, where 1

Part 50. The NRC is also proposing to make possible, performance rather than prescriptive clarifymg change.s to 10 CFR Parts 52 and 140 t based regulations for special nuclear material make clear that beensees are required to submit licensees with large quantities of special nuclear accurate and complete mformation to the NRC, material. Concurrent with this amendment, and that its Price-Anderson requirements apply companion support guidance documents are being to comb, ed license holders.

m developed for issuance.

Timetable: Proposed Rule Published The proposed rule would require licensees Undetermined possessing critical quantities of special nuclear material to conduct an integrated safety analysis Legal Authority: 42 USC 2201; 42 USC 5841 to identify potential risks in their activities, and then to commit to programs that ensme that Effects on Small Business and Other systems needed to address the potential risks are Entities. Undetermined capable of performing their intended functions.

While the NRC believes that fuel facilities operate Agency

Contact:

Geary S. Mizuno, Office of with an adequate degree of safety, the safety basis the General Counsel, (301) 415-1639 for licensing and inspection has been deterministic with large uncertainties, highlighted NUREG-0936 24

NRC Regulatory Agenda Unpublished Rules by operating events that are precursors to event marginal to safety, redundant, or out of date.

sequences with unwanted consequences.

This proposed rule would reduce the regulatory Timetable: Proposed Rule Published burden on licensees without compromising P ysical protection against radiological sabotage h

Undetermined required for public health and safety.

IAgal Authority: 42 USC 2201; 42 USC Timetable: Proposed Rule Published l

2231; 42 USC 2241; 42 USC 2282 10/00/96 Effects on Small Business and Other l

Entities. Yes Legal Authority: 42 USC 2073; 42 USC 2167; 42 USC 2201; 42 USC 2297f; 42 USC 5841; i

Agency

Contact:

Charles Nilsen, Office of 42 USC 5844 l

Nuclear Regulatory Research, (301) 415-6209 Effects on Small Business and Other Entities. None 1

56. Nuclear Power Reactor Physical Protection Requirements Update (Part 73)

Agency

Contact:

Sandra Frattali, Office of Nuclear Regulatory Research, (301) 415-6261.

RIN: 3150-AF11 Abstract. The proposed rule would amend

58. Export of Nuclear Equipment and the Commission's regulations by updating the Materials * (Part 110) requirements for the physical security of nuclear RIN: 3150-AF51 power reactors. The proposed rule would update the regulations for security at operating nuclear Abstract. The final rule would amend the power plants based upon staff review experience Commission's regulations pertaining to the export gained in security program implementation, input of nuclear equipment and materials. These l

from the public and industry, and technical changes amendments are necessary to conform the export i

in security system technology and equipment. Most control guidelines of the United States to the of the proposed changes involve reduction or international export control guidelines of the j

elimination of requirements that are of marginal Nuclear Suppliers Group and to reflect the significance relative to their contribution to the nuclear nonproliferation policies of the overall effectiveness of security programs.

Department of State.

l Timetable: Proposed Rule Published Timetable: Final Rule Published l

11/00/96 07/00/97 l

Legal Authority: 42 USC 2201; 42 USC 5841 Legal Authority: 42 USC 2201; 42 USC 5841 l

l Effects on Small Business and Other l

Entities. None Effects on Small Business and Other Entities. None Agency

Contact:

Sandra Frattali, Office of Nuclear Regulatory Research, (301) 415-6261 Agency

Contact:

Elaine Hemby, Office of International Programs, (301) 415-2341

57. Changes to Nuclear Power Plant Security Requirements * (Part 73)

59. Revision of Fee Schedules; 100 Percent Fee RIN: 3150-AF53 Recovery, FY 1997* (Parts 170,171)

RIN: 3150-AF55 Abstract. The proposed rule would amend the Commission's regulations regarding security Abstract. The proposed rule would amend l

requirements at nuclear power plants by deleting the licensing, inspection and annual fees charged j

certain security requirements associated with an to NRC licensees and applicants for an NRC internal threat. This action follows reconsideration license. The Omnibus Budget Reconciliation Act by the NRC of nuclear power plant physical of 1990 requires that the NRC recover security requirements to identify those that are approximately 100 percent of its budget authority, 25 NUREG-0936

Unpublished Rules NRC Regulatory Agenda 1

i less the amount appropriated from the Nuclear goods and services within the NRC to satisfy the Waste Fund, for Fiscal Years 1991 through 1998.

particular needs of the agency.The proposed rule The Act requires that the fees for FY 1997 must would incorporate streamlining and simplification be collected by September 30,1997. Therefore, the methods identified under the NRC's Procurement final rule is to become effective by June 30,1997.

Reinvention Laboratory (PRL) and legislated The cost to NRC licensees is the NRC FY 1997 under the Federal Acquisition Streamlining Act of budget authority less the amount appropriated 1994 (FASA), the Federal Acquisition Reform Act from the Nuclear Waste Fund. The dollar amount of 1996 (FARA), and the Information Technology is not yet determined but is expected to be in a Management Reform Act (ITMRA) of 1996. The range close to $463 million. Because this action is intent of the FASA, FARA, and ITMRA is to mandated by statute and the fees must be streamline procurement processes within the assessed through rulemaking, the NRC did not Federal Government. Implementing instructions consider alternatives to this action.

are needed for some of these processes. In addition, the NRC's PRL will require the NRC to Timetable: Proposed Rule Published streamlme and simplify procedures m, the 02/00/97 NRCAR wherever possible.

Final Rule Published 04/00/97 Timetable: Proposed Rule Published Legal Authority: 42 USC 2201; 42 USC 5841 01/00/97 Final Rule Published Effects on Small Business and Other 00 M Entities. Yes Agency

Contact:

C. James Holloway, Jr.,

Legal Authority: 48 CFR Chapter 1; 41 Office of the Controller, (301) 415-6213 USC 251 note; 42 USC 251 note: 40 USC 1401 note

60. Nuclear Regulatory Commission Acquisition Effects on Small Business and Other Regulation * (48 CFR Chapter 20)

Entities. Yes RIN: 3150-AF52 Abstract. The proposed rule would amend Agency

Contact:

Mary Lynn Scott, Office of the Nuclear Regulatory Commission Acquisition Administration, (301) 415-6179 Regulation (NRCAR) for the procurement of l

l NUREG-0936 26

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(A) PETITIONS INCORPORATED INTO FINAL RULES OR PETITIONS DENIED SINCE DECEMBER 29,1995 j

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NRC Regulatory Agenda Petitions 1.

Petitioner / Petition Docket Number:

to require that Agreement States notify the NRC Measurex Corporation (PRM-150-3) of all proposed and completed regulatory actions.

The petitioner also requested that the NRC Federal Register Citation: October 5,1994 amend its regulations governing rulemaking to (59 FR 50706) require that the NRC publish Agreement State notices of proposed and completed rulemaking.

Subject:

Agreement States to notify the Timetable: This petition for rulemaking has NRC of all proposed and completed regulatory been denied. The notice of denial of this petition act,ons i

was published in the Federal Register on January Summary: The petitioner requested that the 24,1996 (61 FR 1857).

Commission amend its regulations governing Agency

Contact:

Anthony l>iPalo, Office of Agreement State regulation of byproduct material Nuclear Regulatory Research, (301) 415-6191 1

I 27 NUREG-0936

9 k

(B) PETITIONS INCORPORATED INTO PROPOSED RULES NONE 1

F D

4 i

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1

-wlL, (C) PETITIONS PENDING STAFF REVIEW

i e

1 l

NRC Regulatory Agenda Petitions 2.

Petitioner / Petition Docket Number: Ohio Agency

Contact:

George Powers, Office of Citizens for Responsible Energy, Inc.

Nuclear Regulatory Research, (301) 415-6212 (PRM-9-2)

Federal Register Citatiom June 13,1994 4.

Petitioner / Petition Docket Number:

(59 FR 30308)

University of Cincinnati * (PRM-20-24)

Subject:

Public access to licensee-held Federal Register Citation: June 21,1996 information (61 FR 31874)

Summary: The petitioner requests that the

Subject:

Visitors of radiation patients, as Commission amend its regulations to establish members of the public, to receive up to 500 mrem public right-to-know provisions that would ensure per year public access to licensee-held information.

Summary The petitioner requests that the Timetable: A notice of receipt for this Commission amend its regulations to authorize petition was published in the Federal Register on specified visitors of radiation patients, as June 13,1994 (59 FR 30308). The comment period members of the public, to receive up to 500 mrem closed on August 29,1994. Resolution of the per year. The petitioner believes that the proposed petition is scheduled for September 1996.

amendment would permit a small population of Agency

Contact:

Maria Schwartz, Office of the general public to be infrequently exposed to the General Counsel, (301) 415-1888.

an annual exposure limit of 500 mrem total effective dose equivalent.

Timetable: A notice of receipt for this 3.

Petitioner / Petition Docket Number: Keith J.

Schiager, Ph.D., et al. (PRM-20-21) petition was published in the Federal Register on June 21,1996 (61 FR 31874). The comment period Federal Register Citation: September 10, closes on September 4,1996. Resolution of this 1993 (58 FR 47676) petition is scheduled for June 1997.

Subject:

Disposal of certain low-level Agency

Contact:

Stewart Schneider, Office radioactive wastes to provide additional options of Nuclear Regulatory Research, (301) 415-6225 for disposal of very low concentrations of short-lived radionuclides 5.

Petitioner / Petition Docket Number:

Summary The petitioners request that the mb-microtec (USA)(PRM-32-4)

Commission amend its regulations in 10 CFR Part 20 that became mandatory for alllicensees on Federal Register Citation: October 18,1993 January 1,1994, to permit additional nethods for (58 FR 53670) disposal of certain low-level radioactive wastes.

Subject:

Place timepieces with gaseous The petitioners contend that the regulations that tritium light sources on the same regulatory basis became mandatory for all licensees on January 1, as timepieces with luminous tritium pamt 1994, are too restrictive and prevent many Summary The petitioner requests that the research institutions from pursuing certain types Commission amend its regulations to include of research that cannot be conducted effectively timepieces with gaseous tritium light sources and without the use of radioactive materials.

subsequently allow their distribution under the Timetable: A notice of receipt for this same requirements applicable to the distribution petition was published in the Federal Register on f timepieces with luminous tritium pamt.

September 10,1993 (58 FR 47676). The comment Timetable: A notice of receipt for this period closed on November 24,1993. This petition petition was published in the Federal Register on will be resolved after publication of the final rule, October 18,1993 (58 FR 53670). The comment

" Radiological Criteria for Decommissioning of period closed on January 3,1994. The NRC staff Nuclear Facilities"(RIN 3150-AD65). The is developing a rulemaking plan for Commission publication date for the final rule is scheduled for approval as the next step in addressing the December 1996.

petitioner's request. A response either granting or 29 NUREG-0936

Petitions NRC Regulatory Agenda denying the petition will be sent to the petitioner December 2,1994 (59 FR 61831). The conunent after the rulemaking plan is implemented.

period closed on February 15,1995. He NRC staff Resolution of this petition is scheduled for is developing a rulemaking plan for Commission January 1997.

approval as the next step in addressing the Agency

Contact:

Cheryl A. Trottier, Office petitioner's request. A response either granting or of Nuclear Regulatory Research,(301) 415-6232 denying the petition will be sent to the petitioner after the rulemaking plan is implemented.

Resolution of the petition is scheduled for October 6.

Petitioner / Petition Docket Number:

1996.

Amersham Corporation * (PRM-34-5)

Agency

Contact:

Samuel Z. Jones, Office of Federal Register Citation: June 18, 1996 (61 Nuclear Regulatoiy Research (301) 415-6191 FR 30837)

Subject:

Place timepieces with gaseous 8.

Petitioner / Petition Docket Number: National tritium light sources on the same regulatory basis Registry of Radiation Protection as timepieces with lummous tritium paint Technologists (NRRPT)(PRM-35-13)

Summary: The petitioner requests that the Federal Register Citation: February 8,1996 Commission amend its regulations by removmg (61 FR 4754) the reference to " associated equipment" from the radiography equipment regulations. He petitioner

Subject:

Training requirements for a believes that this amendment would clarify the radiation safety officer licensing reviews of sealed sources and Summary De petitioner requests that the radiographic exposure devices to meet the Commission amend its regulations by including applicable requirements.

acceptance of NRRPT registration as fulfilling Timetable: A notice of receipt for this some of the training requirements for a radiation petition was published in the Federal Register on safety officer.

June 18,1996 (61 FR 30837). The comment period Timetable: A notice of receipt for this closes on September 3,1996. Resolution of this petition was published in the Federal Register on petition is scheduled for June 1997.

February 8,1996 (61 FR 4754). The comment Agency

Contact:

Donald Nellis, Office of period closed on April 23,1996. Resolution of this Nuclear Regulatory Research, (301) 415-6257 petition is scheduled for Februaiy 1997.

Agency

Contact:

Samuel Z. Jones, Office of 7.

Petitioner / Petition pocket Number: Tri-Med Nuclear Regulatory Research, (301) 415-6198 Specialties, Inc. (PRM-35-12)

Federal Register Citation: December 2,1994 9.

Petitioner / Petition Docket Number: IsoStent, (59 FR 61831)

Inc.* (PRM-35-14)

Subject:

Distribution, under general licensing Federal Register Citation: June 27,1996 and/or exemption, of capsules containing one (61 FR 33388) micro-curie of carbon-14 (C14) for administration

Subject:

Permanently implanted intra'.aminal to humans for in vivo diagnostic testing stents Summary The petitioner requests that the Summary: The petitioner requests that the Commission amend its regulations to permit Commission amend its regulations by adding a licensed pharmaceutical manufacturers to new section to address permanently implanted commercially distribute, under general licensing intraluminal stents, including phosphorus-32 and and/or exemption, capsules contaming one strontium-89. The petitioner also requests that the microcurie of carbon-14 (C14) for administration NRC add a new section to specify training and to humans for in vivo diagnostic testing.

experience requirements for qualified physicians Timetable: A notice of receipt for this responsible for placing radioisotope stents in petition was published in the Federal Register on patients.

NUREG-0936 30

NRC Regulatory Agenda Petitions Timetable: A notice of receipt for this frequency with which each licensee conducts petition was published in the Federal Register on independent reviews and audits ofits safeguards June 27,1996 (61 FR 33388). He public comment contingency plan and security program from period closes on September 10,19X(). Resolution of annually to biennially.

this petition is scheduled for February 1997.

Timetable: A notice of receipt for this Agency

Contact:

Samuel Z. Jones, Office of petition was published in the Federal Register on Nuclear Regulatory Research, (301) 415-6198 May 6,1994 (59 FR 23641). The comment period closed on July 20,1994. The NRC staff is developing a rulemaking plan for Commission

10. Petitioner / Petition Docket Number: North approval as the next step in addressing the Carolina Public Utility Commission petitioner's request. A response either granting or (PRM-50-57) denying the petition will be sent to the petitioner Federal Register Citation: January 17,1992 after the rulemaking plan is implemented.

(57 FR 2059)

Resolution of the petition is scheduled for September 1996.

Subject:

Reduce or Eliminate Insurance for Nuclear Power Plants Aivaiting Decommissioning Agency

Contact:

Michael T. Jamgochian, Office of Nuclear Regulatory Research,(301)

Summary: The petitioner requests that the 415-6534 Commission amend its regulations to substantially reduce or eliminate insurance requirements for nuclear power reactors when all the nuclear

12. Petitioner / Petition Docket Number: Virginia reactors on a reactor station site have been shut Electric and Power Company (PRM-50-60) down and are awaiting decommissioning and all Federal Register Citation: April 13,1994 the nuclear fuel has been removed from the (59 FR 17499) reactor site.

Subject:

Change the frequency with which Timetable: A notice of receipt for this each licensee conducts independent reviews and petition was published in the Federal Register on audits ofits emergency preparedness program January 17,1992 (57 FR 2059). The public from annually to biennially comment period closed on March 17,1992.

Resolution of the petition is scheduled for Summary: the petitioner requests that the rulemaking (See " Power Reactor Facilities Under Conum.ssion amend its regolations to change the a Possession Only License"(RIN 3150-AF16)).

[requency with which each licensee conducts Publication of this rulemaking is undetermined.

ndependent reviews and audits of its emergency preparedness program from annually to bientually.

Agency

Contact:

George Mencinsky, Office of Nuclear Regulatory Research,(301) 415-6206 Timetable: A not. ice of receipt for th.is petition was published in the Federal Register on April 13,1994 (59 FR 17499). The comment

11. Petitioner / Petition Docket Number:

period closed on June 27,1994. The NRC staff is Virginia Electric and Power Company developing a rulemaking plan for Commission (PRM-50-59) approval as the next step in addressing the E#

" * #9"#

^ **E "* # # E'"" "S Federal Register Citation: May 6,1994 (59 FR 23641) denying the petition will be sent to the petitioner after the rulemakm, g plan is implemented.

Subject:

Change the frequency with which Resolution of the petition is scheduled for each licensee conducts independent reviews and September 1996.

audits of its safeguards contingency plan and Agency

Contact:

Michael Jamgochian, security program from annually to bienmally Office of Nuclear Regulatory Research,(301)

Summary: The petitioner requests that the 415-6534 Commission amend its regulations to change the 31 NUREG-0936

Petitions NRC Regulatory Agenda

13. Petitioner / Petition Docket Number: Nuclear addressing the petitioner's request. A response Energy Institute (PRM-50-61) either granting or denying the petition will be sent Federal Register Citation: June 6,1995 (60 to the petitioner after the rulemaking plan is FR 29784) implemented. Resolution of the petition is

Subject:

Fire protection at nuclear power scheduled for November 1996.

plants Agency

Contact:

Harry Tovmassian, Office Summary: The petitioner requests that the of Nuclear Regulatory Research, (301) 415-6231 Commission amend its regulations governing fire protection at nuclear power plants. 'Ihe petitioner

15. Petitioncr/ Petition Docket Number: Peter believes this amendment would provide a more G. Crane (PRM-50-63) flexible alternative to the current requirements and Federal Register Citation: November 27, permit nuclear power plant licensees more 1995 (60 FR 58256) discretion implementing fire protection requirements that would be site-specific without

Subject:

Emergency Planning 4

adversely affecting a licensee's ability to achieve the Summary The petitioner requests that the safe shutdown of a facility in the event of a fire.

Commission amend its regulations concerning Timetable: A notice of receipt of this emergency planning to include a requirement that petition for rulemaking was published in the emergency planning protective actions include Federal Register on June 6,1995 (60 FR 29784).

sheltering, evacuation, and the prophylactic use of The comment period closed on September 29, Potassium iodide, which prevents thyroid cancer after nuclear accidents.

1995. The NRC staff has developed a rulemaking plan for Commission approval as the next step in Timetable: A notice of receipt for this addressing the petitioner's request. A response petition was published in the Federal Register on either granting or (lenying the petition will be sent November 27,1995 (60 FR 58256). The public to the petitioner after the rulemaking plan is comment period closed on February 12,1996.

implemented. Resolution of this petition is Resolution of the petition is scheduled for scheduled for September 1996.

November 1996.

Agency

Contact:

Monideep K. Dey, Office Agency

Contact:

Michael Jamgochian, i

of Nuclear Regulatory Research,(301) 415-6443 Office of Nuclear Regulatory Research,(301) 415-6534

14. Petitioner / Petition Docket Number: Nuclear Energy Institute (PRM-50-62)

16. Petitioner / Petition Docket Number:

Federal Register Citation: September 4,1995 Heartland Operation to Protect the (60 FR 47716)

Environment (PRM-61-3)

Subject:

Quality Assurance Program Federal Register Citation: January 9,1996 (61 FR 633)

Summary: The petitioner requests that the Commission amend its regulations regarding

Subject:

Low-level radioactive waste quality assurance programs to permit nuclear disposal site power plant licensees to change their quality Summary The petitioner requests that the assurance program that is described or referenced Commission amend its regulations to adopt a rule in a licensee's Safety Analysis Report without regarding government ownership of a low-level prior NRC approval under specified conditions.

radioactive waste disposal site that is consistent with Federal statute.

'Umetable: A notice of receipt for this petition was published in the Federal Register on Timetable: A notice of receipt for this September 4,1995 (60 FR 47716). The public petition was published in the Federal Register on comment period closed on November 28,1995.

January 9,1996 (61 FR 633). The public comment The NRC staff has developed a rulemaking plan period closed on March 11,1996. Resolution of for Commission approval as the next step in the petition is scheduled for January 1997.

NUREG-0936 32

NRC Regulatory Agenda Petitions Agency

Contact:

Afark Haisfield, Office of February 1,1996 (61 FR 3619). The public Nuclear Regulatory Research, (301) 415-6196 comment period closed on April 16,1996.

Resolution of this petition is scheduled for

17. Petitioner / Petition Docket Number: U.S.

February 1997.

Department of Energy (PRM-71-11)

Agency

Contact:

Gordon Gundersen, Federal Register Citation: February 18,1994 Office of Nuclear Regulatory Research, (59 FR 8143)

(301) 415-6195

Subject:

Packaging and transportation of radioactive materials

19. Petitioner / Petition Docket Number: Fawn Summary 'Ihe petitioner requests that the Shillinglaw' (PRM-72-3)

Commission amend its regulations governing packaging and transportation of radioactive Federal Register Citation: May 14,1996 (61 FR 24249) materials to specifically exempt canisters containing vitrified high-level waste from the

Subject:

Independent storage of spent double containment requirement specified in nuclear fuel NRC's regulations.

Summary: The petitioner requests that the Timetable: A notice of receipt for this Commission amend its regulations which govern petition was published in the Federal Register on independent storage of spent nuclear fuelin dry February 18,1994 (59 FR 8143). The original storage casks to require that the safety analysis public comment period was extended for 30 days report for a cask design fully conforms with the (May 23,1994; 59FR 26608) and closed on June 3, associated NRC safety reevaluation report and 1994. A public meeting was held with the certificate of compliance before NRC certification petitioner on June 1,1995, to discuss alternatives of the cask design. The petitioner also requests to the proposed rulemaking. These included that the revision date and number of a safety seeking a determination under existing regulations analysis report be specified whenever that report (10 CFR 71.63(b)(3)), or qualifying the canister for is referenced in documents.

double containment. The petitioner is expected to Timetable: A notice of receipt for this submit a request for a determination under 10 petition was published in the Federal Register on CFR 71.63(b)(3) by the end of FY 1996.

May 14,1996 (61 FR 24249). The public comment Agency

Contact:

Earl Easton, Office of period closed on July 29,1996. Resolution of the Nuclear Material Safety and Safeguards, petition is scheduled for May 1997.

(301) 415-8520 Agency

Contact:

Gordon Gundersen, Office of Nuclear Regulatory Research,

18. Petitioner / Petition Docket Number:

(301) 415-6195 Portland General Electric Company (PRM-72-2)

20. Petitioner / Petition Docket Number:

Federal Register Citation: February 1,1996 (61 FR 3619)

Envirocare of Utah, Inc. (PRM-150-2)

Subject:

Disposal of radioactive waste Federal Register Citation: February 22,1993 Summary: The petitioner requests that the (58 FR 5992)

Commission amend its regulations which govern

Subject:

Persons who generate or dispose of independent storage of spent nuclear fuel and very low specific activity wastes contaminated high-level radioactive waste to specifically include with special nuclear materials.

radioactive waste produced from reactor Summary: The petitioner requests that the operations pending its transfer to a permanent Commission amend its regulations to exempt disposal facility.

those persons that generate or dispose of very low Timetable: A notice of receipt for this specific activity wastes contaminated with special petition was published in the Federal Register on nuclear materials that are not capable of forming 33 NUREG-0936

Petitions NRC Regulatory Agenda a critical reaction from the current possession on further analysis, the NRC staff is considering limits specified in its regulations.

alternatives to rulemaking to resolve this petition.

Timetable: A notice of receipt for this Agency

Contact:

Leroy Person, Office of petition was published in the Federal Register on Nuclear Material Safety and Safeguards, (301)

February 22,1993 (58 FR 9552). The public 415-6701 comment period closed on April 23,1993. Based i

NUREG-0936 34

(D) PETITIONS WITH DEFERRED ACTION NONE

i

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NRC FORM 335 U.S. NUCLEAR REGULATORY COMMISSION

1. REPORT NUMBER (2-89)

(Assi NRCM 1102, Supp.gned by NRC, Add Vol.,

. Rev., and AJdendum Nurn-32o1, sac 2 BIBLIOGRAPHIC DATA SHEET bar$

'f any-)

(See instructions on the reverse)

NUREG-0936 Vol.15, No 1

2. TITLE AND SUBUrLE

3. DATE REPORT PUBUSHED NRC Regulatory Agenda yo, l

yg, Semiannual Report i

January - June 1996 August 1996

4. FIN OR GRANT NUMBER

6. AV I NOH(b)

6. TYPE OF REPORT Semiannual

7. PERIOD COVERED (inclusive Dates)

January - June 1996

8. PERSORMING ORGANIZATION - NAME AND ADDRESS (if NRC, provide Division, Office or Region, U.S. Nuclear Regulatory Commission, and mailing address; if contractor, provide name and mailing address.)

Division of Freedom of Information and Publications Services Office of Administration U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

9. SPONSORING ORGANIZATION - NAME AND ADDRESS (if NRC, type "Same as above"; if contractor, provide NRC Division, Office or Region, U.S. Nuclear Regulatory Commission, and malling address.)

Same as Item 8. above

10. SUPPLEMENTAHY NOTES

11. ABSTRACT (200 words or less)

The NRC Regulatory Agenda is a compilation of all rules on which the NRC has recently completed action, or has proposed action, or is considering action, and all petitions for rulemaking which have been received by the Commission and are pending disposition by the Commission. The Regulatory Agenda is updated and issued semiannually.

12. KEY WORDS/DESCRIPTORS (List words or phrases that will assist researchers in locating the report.)

13. AVAILABILITY STATEMENT Unlimited Compilation of rules

14. SECURITY CLASSIFICATION Petitions for rulemaking (This rase)

Unclassified (This Report)

Unchuified

15. NUMBE.H OF PAGES

16. PRICE a.

NRC FORM 335 (2-89)

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