ML20137A285

Notice of Availability of Criteria for Staff Implementation of Backfitting Requirements for GDPs

ML20137A285
Person / Time
Site:	Portsmouth Gaseous Diffusion Plant, 07007001
Issue date:	03/17/1997
From:	Greeves J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:
Shared Package
ML20137A235	List: ML20137A230 ML20137A285
References
FRN-62FR14456 NUDOCS 9703200272
Download: ML20137A285 (6)

Text

- . _ . - _ - - - . - . . _ . - ~ . . - - . .-

l i

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

[ DOCKET NOS. 70-7001; 70-7002]

CRITERIA FOR STAFF IMPLEMENTATION OF "BACKFITTING" i

REQUIREMENTS FOR GASEOUS DIFFUSION PLANTS; NOTICE OF AVAILABILITY l I

AGENCY: Nuclear Regulatory Commission.

1 ACTION: Notice of Availability

SUMMARY

On March 3, 1997, the U.S. Nuclear Regulatory Commission assumed regulatory jurisdiction over the Gaseous Diffusion Plants (GDPs) from the U.S. Department of Energy. The l

GDPs are regulated under 10 CFR Part 76 of the Commission's regulations. The NRC staff has developed Office of Nuclear Material Safety and Safeguards (NMSS) Policy and Procedures Letter 1-53 to implement the "Backfitting" provision of 10 CFR 76.76. This procedure is available for inspection at the NRC Public Document Room and Local Public Document Rooms discussed below.

DATES: The NMSS Policy and Procedures Letter 1-53 is effective on March 3, 1997 as an interim procedure. Comments on the interim procedure are due on or before (insert date 60 days after the date of publication in the Federal Reaister).

9703200272 970317 PDR ADOCK 07007001 C PDR

m . .._ _ _ _ _ . ._ _ __ ____ _ _ __. _ __ _ _- . . .

1 i l l

2 l

i l ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear l

Regulatory Commission, Washington, DC 20555-0001. ATTN: l

)

1 Docketing and Service Branch. Hand deliver comments to 11555 Rockville Pike, Rockville, Maryland 20852, between 7:45 am and

. 4:15 pm during Federal workdays. l l

1 l Copies of comments received may be examined at the NRC Public Document Room, 2120 L Street N.W. (Lower Level), Washington, DC l l

and at the Local Public Document Rooms (LPDRs), under Docket No. I 70-7001, at the Paducah Public Library, 555 Washington Street, l Paducah, Kentucky 42003; and under Docket No. 70-7002, at the  !

Po.ccsmouth Public Library, 1220 Gallia Street, Portsmouth, Ohio 45662.

Copies of NMSS Policy and Procedures Letter 1-53 may be obtained as indicated in the Discussion portion of Supplementary  ;

Information.

1 FOR FURTHER INFORMATION CONTACT: Tom Wenck, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-8088.

l SUPPLEMENTARY INFORMATION:

I Discussion j l

On November 26, 1996, the Director, NMSS, issued the initial Certificates of Compliance to the United States Enrichment  !

i I

l

3 Corporation, authorizing the continuing operation of its GDPs.

When the certificates became effective on March 3, 1997, the U.S.

Nuclear Regulatory Commission (NRC) assumed regulatory jurisdiction over the GDPs from the Department of Energy.

Section 76.76 of Part 76 to Chapter I of Title 10 of the Code of Federal Reculations (CFR) contains a provision on "Backfitting."

"Backfitting" is defined in 10 CFR 76.76 to be "... the modification of, or addition to, systems, structures, or ccmponents of a plant or to the procedures or organization required to operate a plant; any of which may result from a new l or amended provision in the Commission rules or the imposition of 4

j a regulatory staff position interpreting the Commission rules, that is either new or different from a previous NRC staff position." The intent of 10 CFR 76.76 is to provide a process by i

j which to manage staff's imposition of new plant-specific and/or i

generic regulatory staff positions on the GDPs.

b Although backfits are expected to occur and are a part of the regulatory process, it is important for sound and effective regulation that backfits are conducted in a controlled process.  ;

~

The NRC staff has developed NMSS Policy and Procedures Letter l l

1-53 on GDP generic and plant-specific backfitting. Copies of l this procedure can be obtained from the Commission Public Document Room (PDR), 2120 L Street, N.W., Washington, DC and at the Local Public Document Rooms (LPDRs), under Docket No. 70- l i

l

4 t

l 4

7001, at the Paducah Public Library, 555 Washington Street, Paducah, Kentucky 42003; and under Docket No. 70-7002, at the Portsmouth Public Library, 1220 Gallia Street, Portsmouth, Ohio

45662. l l

l Appendix 1 to NMSS Policy and Procedures Letter 1-53 provides guidance to the NRC staff on the proper NRC mechanisms (e.g.,

l rulemaking) to use in establishing or communicating legal i requirements and NRC staff positions to certificatees. Appendix l l

4 contains guidance to the NRC staff for making backfit i

determinations. Once a backfit determination has been made, and i l

the proposed backfit does not meet either of the 2 exceptions 2 given in 10 CFR 76.76 (a) (4) (i) and (ii), the NRC staff is required by 10 CFR 76.76 (a) (3) to perform a cost / benefit analysis to determine "that there is a substantial increase (emphasis added) in the overall protection of the public health and safety or the common defense and security to be derived from the backfit and that the direct and indirect costs of implementation for that i

plant are Justified in view of this increased protection."

These exceptions a*~ backfits that are necessary in order to ensure (a) that the plants provide adequate protection to the health and safety of the nb]ic and are in accord with the common defense and security, or 6, to bring the plants into compliance with the certificates, rules or orders of the Commission, or into conformance with written commitments by the Corporation.

~ **

5 Appendix 3 of NMSS Policy and Procadures Letter 1-53 contains guidance on application of the " Substantial Increase" Standard.

This standard provides qualitative criteria for NRC staff to make l l

a safety / safeguards " net benefits" determination of cost / benefits for the proposed backfit where a quantitative approach is not feasible.

NMSS Policy and Procedures Letter 1-53 is the first backfit procedure developed for facilities other than nuclear power l

reactor facilities. In addition, the GDPs are existing 1 facilities which have operated under the Department of Energy for a number of years. Recognizing that this procedure may be )

1 addressing new issues, the NRC will accept public comments which j focus on specific technical contents of the procedure.

Opportunity for Comments l

1 The GDP backfit implementing procedure will be used by the NRC j l

staff as an interim procedure pending completion of public review ]

1 and resolution of comments on this EE Notice. Comments will be ,

i accepted which focus on the specific appendices discussed above.

Comments in other areas of the procedures will be considered if 1 1

1 they are directly related to the backfit issue. Procedures I

i

, g such as NMSS Policy and Procedures Letters are used by NRC as a

guidance to the NRC staff on NRC's internal management process, f

i

! Dated at Rockville, Maryland this/7M day of f) hic h 1997.

l l For the Nuclear Regulatory Commission.

l J 1 X.hte# W fjJ ohn T. Gre' eve s', Acting Director V Office of Nuclear Material Safety and Safeguards i

l S l 1

I I

i