ML20137Y939

Discusses Request for 10-yr License Renewal for Facility License NS-1 for N.S.Savannah

ML20137Y939
Person / Time
Site:	Sequoyah, NS Savannah
Issue date:	04/18/1997
From:	Alexander Adams NRC (Affiliation Not Assigned)
To:	Levine Z TRANSPORTATION, DEPT. OF
References
TAC-M95824, NUDOCS 9704230293
Download: ML20137Y939 (31)

Text

{{#Wiki_filter:. enau g p 4 UNITED STATES g j NUCLEAR REGULATORY COMMISSION T 2 WASHINGTON, D.C. 20555 4001 / April 18, 1997 Dr. Zelvin Levine Senior Technical Advisor U.S. Department of Transportation Maritime Administration 400 Seventh Street, S.W. Washington, D.C. 20590

SUBJECT:

RENEWAL OF FACILITY LICENSE NS-1 FOR THE N.S. SAVANNAH (TAC N0. M95824)

Dear Dr. Levine:

By letter dated June 15, 1996, you requested a 10-year license renewal for Amended Facility License NS-1 for the N.S. SAVANNAH which is currently moor.o in the James River, Virginia, as part of the James River Reserve Fleet. Yot noted in your letter that in the 1970s the fuel, control rods, radior< tive fluids, demineralizer resins, and other significant radioactive sources were removed from the vessel. Measures were instituted to insure the health and l safety of persons on the ship and members of the general public. In light of the vessel's historical significance, you stated that the Maritime Administration has no plans to scrap the N.S. SAVANNAH, either during the requested 10 year license rer.ewal or in the foreseeable future. The Commission amended the regulations pertaining to reactor decommissioning and license termination which became effective on August 28, 1996, (61 Fed. Reg. 39,279 July 29, 1996, copy enclosed herewith). These amendments to the regulations directly affect the requested license renewal for the N.S. SAVANNAH. The revised regulations in Title 10 of the Code of Federal Regulations, Section 50.82(a)(1) (10 CFR 50.82(a)(1)) require licensees to suomit certifications of permanent cessation of operations and permanent fuel removal. Because your license was modified to allow possession but not operation of the facility in 1976, which was before the effective date of the changes to the regulations, it is deemed that you have submitted these certifications pursuant to 10 CFR 50.82(a)(1)(iii), as amended. The regulations also have been revised o state that the license for a facility that has permanently ceased operations continues in effect beyond the expiration date until the Commission terminates the license. Accordingly, because the N.S. SAVANNAH has permanently ceased operations as described in 10 CFR 50.82(a)(1), the NRC staff plans to take no action on your requested license renewal. Your license will continue in effect until terminated by NRC pursuant to 10 CFR 50.51(b), as amended. 23005G s NRC FILE CENTER COPY\\ 9704230293 970418 DR ADOCK 05000328 =

4 D - 2'- April 18, 1997 Newrequirementsin.1dCFR50.82(a)(4)requirelicenseestosubmita post-shutdown decommissioning activities report (PSDAR) within 2 years following permanent cessation of operations. Because the N.S. SAVANNAH was already permanently shut down when these changes to the regulations became effective, you are allowed until August 28, 1998, to submit your PSDAR. The content of a PSDAR is described in 10 CFR 50.82(a)(4), as amended. i Pursuant to 10 CFR 50.82(a)(3), as amended, licensees have a period of 60 years after permanent cessation of operations to complete decommissioning. The amended regulation further provides that completion of decommissioning beyond 60 years will be approved by the Commission only when necessary to protect public health and safety. Please keep this in mind as you develop the PSDAR for the N.S. SAVANNAH. If you desire to make any changes to your existing license or technical specifications, please submit an application for amendment of license following the normal license amendment requirements of 10 CFR 50.90. If you have any questions about your request for license renewal or the changes to the decommissioning regulations, please call me at (301) 415-1127. Sincerely, 1 Original signed by: Alexander Adams Jr., Senior Project Manager Non-Power Reactors and Decommisioning Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation

Enclosure:

As stated ) Docket No. 50-238 DISTRIBUTI0i4: . Docket File (50-238) MLSlosson 0GC (015-B-18) PUBLIC SWeiss AAdams PDND r/f EHylton Region II TMartin )

• SEE PREVIOUS CONCURRENCE

/ PDND PD .A OGC* PDND:D E ton GHoller* SWeiss 4 97 4 [\\/97-4/9/97 4/[3/97 0FFICIAL RECORD COPY-DOCUMENT NAME: G:\\SECY\\ ADAMS \\238.LTR

. New requirements in 10 CFR 50.82(a)(4) require licensees to submit a [ post-shutdown decommissioning activities report (PSDAR) within 2 years following permanent cessation of operations. Because the N.S. SAVANNAH was already permanently shut down when these changes to the regulations became effective, you are allowed until August 28, 1998, to submit your PSDAR. The content of a PSDAR is described in 10 CFR 50.82(a)(4), as amended. Pursuant to 10 CFR 50.82(a)(3), as amended, licensees have a period of 60 years after permanent cessation of operations to complete decommissioning. The amended regulation further provides that completion of decommissioning beyond 60 years will be approved by the Commission only when necessary to protect public health and safety. Please keep this in mind as you develop the PSDAR for the N.S. SAVANNAH. t If you desire to make any changes to your existing license or technical specifications, please submit an application for amendment of license following the normal license amendment requirements of 10 CFR 50.90. If you have any questions about your request for license ren.. val or the changes to the decommissioning regulations, please call me at (301) 415-1127. Sincerely, ~., g (cf esic& [..g (by. s Alexander Adams Jr., Senio roject Manager Non-Power Reactors and D commisioning Project Directorate i Division of Reactor Program Management t Office of Nuclear Reactor Regulation

Enclosure:

As stated Docket No. 60-238 l l l

N.S. Savannah Docket No. 50-238 cc: Mr. John J. Davis III, Deputy Director Office of Ship Operations U.S. Maritime Administration, MAR-700.2 400 Seventh Street, S.W., Room 7330 Washington, DC 20230 Dr. Zelvin Levine Senior Technical Advisor Office of the Associate Administrator for Marketing U.S. Maritime Administration, MAR-800.2 400 Seventh Street, S.W., Room 7328 Washington, DC 20590 l

' 39278 Federci Register / Vol. 61, No.146 / Monday, July29, 1996 / Rules and Regulations

9. Thomson J E.: Cox. N.A.: Whitehead.

WX: Mercuri. A J.: and Juven. B l. (19751 on the decommissioning procedures ? ~= Bacterial counts and weight changes of that lead to the tennination of an radioactively decontaminated to an unrestricted release level, the NRC operating license for nuclear power terminates the license. ter1mmers on a r$a mactws. The final amendm(nts clanfy lf the licensee chooses to place the P / Scienw. 54.1452-1460. ambiguaties in the current rule and to. Mead. C C (1989) Processing or codify procedures that reduce the reactor in storge and dismantle it at a (,i later time, the initial decommissioning i Poultry, Chapter 6-Hygiene Problems and regulatory burden, provide greater control of Process Contamination. 183-220. plan submittal need not be as detailed

11. Bailey, J.S.. Thomson.11, Cox N A.

flexibility, and allow for greater public as a plan for prompt dismantlement. (1987) The Microbiology of Poultry Meat participation in the decommissioning However, before the licensee can begin [' 9 P'j";',[y 'O bInhtdJ~2t t-ertain to non-power reactors and aro ettvironmental report must be submitted d" process. Some minor amer @nents dismantlement, a detailed plan and f fr Prucha, J.C.; Johnston, R; an'd Christe$sen or purp ses of clarification and W. (1992) P:ofile of selected twierial coun'tsProcedural simplification. The and approved by the Commissmn. Befora the decommissionmg plan is and Salmonello prevalence on ruw pu Ny in Commission believes that the finaj approved, the licensee cannot perform a poultry slaughter establishment /ournal of amendments will enhanw efficiency inafor decommissioning activities. If a American Vetersnorian Medical Association. 200 57-59. and uniformity in the regulatory process licensee desires a reduction in of decommiss,oning nuclear power requirements because of the permanent

13. James. W.O.; Brewer, RL:Prucha, J.C:

plants. Williams. W O.; and Parham. D A (19921 cessation of operation, it must obtain a Effects of chlorination of chill water ou theEFFECTlYE DATE: AuI"8t 28,1996: license amendment for possession-only bacteriologic profile of raw chicken carcasses FOR FURTHER INFOMATION CONTACT: Dr. status. This is usually granted afia the end gablets. /ournolof Amerwun Veterinarian Carl Feldman Officu of Nuclear licensee indicates that the reactor has Medscal Association. 200.60-63. i1

14. Waldroup. A L: Rathgeber,8 M.; and Regulatory Researt.h, U.S. Nuclear rmanentiY ceased operations and fuel Forsythe. Rf t. (19921 Effects of sit Regulatory Commissmo, Washington,

[I gn Permanently removed from the modifications on the incidence and levels of DC 205554001, telephone (30t) 415-- g spoilage and pathogenic organisms on 6194: or S. Singh Bajws Office of ^ "*N a[u commerciall processed postchill bruilers. Nuclear Reactor Regulation' U,.S-888umCe 8 8 any /ournal Appbed Poultry Rescort.h. 08Q 1:225-234. Nuclear Regulatwy Commissm-lite of the facility, through terminatwn

15. May, K.N (1974) Chance h microbial Washington, DC 20555-0001, telephone of the license, adequate funds will be uumbers dunn6 2nal washing and chilling of (301) 415-1013.

available to complete decommissioning. f commercially slaughtered broilerv. Poultry For operating reactors, the amount of SUPPLEMENTARY INFORMAT10ev: decommissioning funding required is Ia. E.A.; Arnold, E.A.;

Background

18 8 st F F: t bed h",*' ( o uIwan e niNsYn On June 27,1988 (53 FR 24018), the 5. d gcen ion or con ri turkey products. Remensch Report to Canmissa promulgated assation of operations, a preliminary, Minnesota Turkey Research and Market decommissioning regulations. On July decommissioning plan containing a site-Development Boant 20,1995 (60 FR 37374), the Commission specific decommissioning cost estimate

17. Thomson.11; Bailey, J.S.: Cor. N. A.:

isecod proposed amendments to these must be submitted and the financial l Posey. D. A.; and Carson, M.O. (19791 regulations. A discussion of th6 current assurance mechanism must he Salmonello on broder cartasses as affected by requirements and pro appropriately adjusted. Finally, the { fresh water input rate and chlorinetwo of amendments follows. posed decommissioning plan, submitted chiller water. fournal of food Protection. Vol. within 2 years after permanent cessation 42, No.12, pp 954-95s. Curtent Requirements of oP* rations, must Provide a site- $'lin

• 8 Cl Within 2 years after a licenseo Nasionin ultry he p

157-169. 9, nuclear reactor facility, it must submit adjusted financiah assuranced a corresponding parameters on the len! of bacteria in in Per nanendy asses opwadon of a chiller waters. /ournal of food Techno7ogy. e detailed decomnussionmg plan to the mechanism. For delayed dismantlement

19. Brunt, A.W. (1974) The cunent status NRC forapproval, along with a of a power reactor facility, an updated of poultry chilling in Europe. Poultry supplemental environmental report that decommissioning plan must be Science. 53:1291-1295.

addresses environmental issues that submitted with the estimated cost of (FR Doc. 96.-19132 Filed 7-26-96; 8:45 ami have not alisedy been considered. Based decommissioning and the licensee must on these submittals, the NRC reviews appropriately adjust the financial the licensee a planned activities, assurance mechanism. Before approval Prepares a Safety Evaluation Report of the decommissioning plan, licensee use of these funds would be determined NUCLEAR REGUI.ATORY a m en 888888 m n CCMMISSION (EA), and either makes a negative on a campecmc basis for premature declaration ofimpact (the usual case) or closure, wt in accrual of required 10 CFR Parts 2, 50, and 51 Prepares an environmentalimpact decommlssising funds may be RnN31ss Atee statement (EIS) Upon NRC approval of incomplete. I the decommissioning plan, the ProposedAmendments Decommissioning of Nuclear Power Commission issues an order permitting Reactors the licensee to decommission its facilit The de. pee of regulatory oversight in scoordanm with the approved plan.y required for a nuclear power reactor AGENcV: Nuclear Regulatory As part of the approval procena, the during its decomtnissioning stage is Commission. opportunity for a hearing under subpart considerably less than that required for AcnON:F nal rule. G of 10 CFR part 2. is made available to the facility during its operating stage. i i sUnentARY:The Nuclear Regulatory the public. Once the decommissioning During the operating stage of the reactor, Commission is amending its regulations process is completed and the NRC is fuel in the reactor core undergoua e satisfied that the facility has been controlled nuclear fission reaction that . generates a high neutron flux and large

Federal Register / Vol. 61, No.146 / Monday, July 29, 1996 / Rules and Regulations 39279 amounts of heat. Safe control of the contaminated materials facility and does proposed decommissioning activities nuclear reaction involves the use and not require the oversight that an and schedule through license operatmn of rnany complex systems. operating reactor would require. termination,an assessment of abether First, the nuclear reaction must be Based on the preceding discussion,it such proposed activities are bounded by carefully controlled through neutron should be noted that during the existing analyses of environmental absorbing mechanisms. Smond, the heat operating stage of the reactor a nuclear impacts, and a general decommissioning generated must be removed so that the reaction must be sustained that has the cost estimate for the proposed activities fuel and its supporting structure do not potential during an ac-ident to generate The PSDAR would be made available to o erheat. Third, the confining structure significant amounts of energy and the public for comment. and ancillarv systems must be radiation whose consequences can be Nmery days after the PSDAR maintained and degradation cau. sed by severe. Moreover, the nature of submittal to the NRC and approximatel) radiation and mechanical and thermal maintaining and controllmg a nuclear 30 days after a public information stress ameliorated. Fourth, the reaction and the complexity of systems meeting is held in the vicinity of the radioactivity resulting from the nuclear and operations requirements necessary reactor site, the licensee could perform reaction in the form of direct radiation to prevent and mitigate adverse major decommissioning activities if (especially near the high neutron flux consequences requires considerable NRC does not offer an objection. Before areas around the reactor vessel), oversight by the NRC. During the undertaking these activities, the licensee contaminated materials and effluents decommissioning stage of t% reactor, must provide certifications to the NRC (air and water) must be minimized and the potential for consequems that that operations have permanently could result from an inadvertent i uclear ceased and fuel has been permanentiv controlled. Finally, proper operating procedures must be established and reaction are highly unlikely The removed from the reactor vessel maintained with appropriately trained systems required for maintaining the (elements not formally addressed in the staff to ensure that the reactor system is spent fuel in the spent fuel pool as well current rule). Once these certifications properly operated and maintained, and as the operatinns required to contam, the have been provided to the NRC, the that operatmg personnel minimize their remammg residual contamination in the licensee could no longer operate the esposure to radiation when perfonning facility and spent fuel pool are relatively

mctor, sim de. Conse sently, the activnies Part 50 technical requirements would their dutiet Moreover, emergency response procedures must be per ormed by t e hcensee dunng also be amended to properly cover the established and maintamed to protect decommissioning do not 1. ave a transition of the facility from operating the public in the event of an accident.

sigmficant potentias to unpact pubh.c to permanent shutdown status (which health and safety and these require also is not explicitly covered in the During the decommissioning stage of mnsiderably less oversight by the NRC current rule). Thus, a limnsee who has a nuclear power reactor, the nuclear th fission reaction is stopped and the fuel duringwer op n Niy 20 permanently ceased operations and

ions, mm ved fuel from the reactor vessel bpent fuel assemblies)is permanently 1995 (60 FR 37374), were intended to removed and placed in the spent fuel provide licensees with simplicity and would no longer need to obtain a license pool until transferred offsite for storage flexibility in implementing the amendment to proceed with certam or di<,posal. While the spent fuelis still decommissioning process, especially decommissioning activities within highly radioactive and generates heat with regard to premature closure. The established regulatory constramts.

taased by radioactive decay, no neutron p#oposed amendments were intended to B. Major decommissioning activities. Ilus is generated and the fuel slowly clarify ambiguities in the current A major change from the current rule is mols as its energetic decay products regulations, codify prwodures and that power reactor licensees would no dim nish The spent fu +1 p,1. which terminology that has- +on used in a longer be required to have an approved < ontams circulating water, removes the number of specific ce.,, and incmase decommissioning plan before being dei as heat and filters out any small opportunities for the public to become Permitted to perform major radioai tise contaminants escaping the informed about the licensee's decommissioning activities. Under the spent fuel assemblies. The spent fuel decommissioning activities. The Proposed rule, licensees would be poot sutem is relatisely simple to amendments were designed to establisii allowed to perfonn activities that meet opera!e and maintain compared to an a level of NRC oversight commensurate the criteria proposed in 6 50.59. Section operatmg power reactor. The remainder with the level of safety concerns 50.59 would be amended to include of the lai ihty contains radmactive expected during decommissioning additional criteria to ensure that <ontammation and is highly activities. concerns specific to decommissioning (untammated in the area of the reactor A. Initial activities. The are considered by the licensee. Based on ses*l lloweser. because the spent fuel decommissioning process outlined in NRC experience with licensee a stoied m a configuration that the proposed amendments was similar decommissioning activities, the pn* mdes the nuclear fission reaction. in approach to that in the current Commission recognized that the 6 50.59 no e nera mn of new radioactivity can

• dmommissioning rule, but included process used by the licensee during i

nu or Safety con < erns for a spent fuel flexibility in the type of actions that can reactor operations encompassed routine pool ge rre uls reduced regarding both be undertaken without NRC approval. activities that are similar to those < umn" m the nut lear fiv ion process Once a licensee permanently ceases undertaken during the decommissioning and the resuhant generation of larye operation of the power reactor, no major process. The Commission concluded amounts of Wat. high neutron flux and decommissioning activities (as defined that the S 50.59 process could be used naamd nn'"nals degradation, and the in the proposed rule) could be by the licensee to perform major e unp+rd on the reactor system. undertaken until the public and the decommissioning activities if licen6 ng un be m m a areas of the latility must NRC were provided information by the conditions and the lesel of NRC

• ll la i untroHed to minimite radiation hcensee. Information required from the oversight required during reactor "p wn:1o i.crsonnel and control the licensee in a Post-Shutdown operations are continued, yrr,,..adm n use matenal This Decommissioning Activities Report

< ommr nsurate with the status of the

• ' + a now smular to a (PSDAR) consisted of the licensee's facility being decommissioned. These i

l

aueraa Kegtst:r / Vol. 61, No.146 / Monday, July 29 1996 / Rules and Regulations objectives were considered in the 4 pmp)osed rs12 as f ll:ws.(1 The proposed rule would clarify, proposed rule. Currently, licensee us consisted of p' ower reactor licensees, comment and incorportted into th3 ~=- modify, and extend certain licensing these funds is determined on a case e of contractors, Governtnent agenc conditions to decommissioning specific basis for an Agreement State. The commenters plants. Ilowever, prematurely shutdown activities. not in favor of t the proposed rule citizens groups,he rule (10) consiste (2) Aside from changes to part 50, the eliminated the requirement for a individuals, and an final safety analysis report (FSAR), decommissioning plan and instead Agreement State. The comments have which is a licensing basis document for required a PSDAR subm ttal, which been summarized and addressed l performing activities under $ 50.59, requires a decommissioning cost through issue categories based on the I would need to be updated to cover estimate. The proposed rule permitted proposed rule. decommissioning activities. some small percentage (3%)of the Issue I-Proposed Rule Appronh (3) A PSDAR would oe submitted to Comments. Commenters in support of funds to be available to the licensee forgenerically prescr the NRC that would contain a schedule the proposed rule were, to varying of planned decommissiorung activities planning purposes (" paper studies") degrees, supportive of the proposed and provide a mechanism for timely before permanent cessation cf power rule. There were a few commenters o NRC oversight. The licensee would reactor operations. Moreover, to permit this group who fully supported the provide written nodfication to the NRC the licensee to accomplish major proposed rule because it would before performing any decommissionin8 decommissioning activities promptly, facilitate efricient decommissioning of activity that is inconsistent with or an additional generic funding amount power plants by reducing regulatory makes significant schedule changes would be made available(20%) before burden, clarifying the applicability of from the PSDAR. a site-specific cost estimate, which must ' regulations originally intended for C. License termination. A licenseebe submitted to the NRC within 2 yearsoperating reactors, allowing a phased wishing to terminate its license would after permanent cesaatiort of operations approach to decommissioning, and g submit a license termination plan for (as in the current rule). Tfe remainder allowing early partial use of the approval similar to the approach that is of the funds would be made available decorranissioning trust fund. A few 7 currently required for a after submittal of the site specific cost commenters supported the use of a decommissioning plan. Ifowever, the estimate, as in the current rule. When lessons learned from ongoing plan would be less detailed than the the licensee submits the license decommissioning projects, expandlag decommissioning plan ruquired by the termination plan, the a,ame financial rationsfe behind less formal NRC current rule, because it would not need considerations as those in 4 50.82(c) of Nc to provide a dismantlemer t plan, and the current rule would t>e required to polide' '~l r actices in a way that f plan. The approval process for thecould be as simple as a final site survey provide assurance that the licensee has satisties the requirements of the Atomic adequate funds to complete Energy Act (AKA). Administrative 5! termination plan, as in the current rule-decommissioning and terminate the Procedure Act (APA), and National t would provide for a bearing opportunitylicense. Environmental Policy Act (NEPA). under to CFR part 2. The proposed rule E. License extension. He proposed While many commenters were mcognized that,if the spent fuelis rule clarified that a license that has generally supportive of the general either offsite or in an independent spent exp red is not terminated until the concept of the proposed rule, they fuel storage facility ISFSI), that is Commission terminates it and further indicated that the proposed rule did not covered under a par (t M license, the clarifies what conditions prevail under go far enough in reducing 'mnecessary remaining facility licensed under part .vgulatory burden. They noted that the such circumstances, 50 !J similar to a materials facility and F. Grandfathering. He pmposed rule existing NRC requirements regarding a less formal hearing, under subpart L applied to power reactor heensees who operating reactors wen more than rather than subpart G of part 2,is more do not have an approved adequate to encorupass appropriate. As in the current rule, a decommissioning plan on the effective d* o.miasioning activities and, if supplemental environmental report date of the final rule anything, should be relas ed rather than wculd be required from the licensee that already have an appr. Licensees that expanded. These recommended oved plan could, at considers environmentalimpacts that their option, follow the provisions of the relaxations pertained to such items as a are not already covered in existing EISs. proposed rule. more liberalattitude toward collection An additional requirement, proposed for G. Non-power reactors, ners were and use of decommissioning trust funds, the purpose of keeping the public some minor clarifications and elimination of unnecessary critena 4 infonned,is that a public meeting be procedural simplifications in the concerning the use of the proposed held, after the licensee submits the proposed rule for the non-5 50.59, elimination of proposed license termination plan to the NRC, decommissioning process. power reactor mandatory public meetings, elimination Otherwise, of the proposed Post-Shutdown similar to the one held after the PSDAR the current rule remained essentially Decommissioning Activitics Report submittal. a unchanged. 2 D. Financial assurance. The proposed lle8Ponse to Comments the proposed IIcense termination plan (PSDAR) submittal, and elimination of rule would continue the same degree of financial assurance as the current rule, Thirty.four comment letters were or eliminating its inclusion into the but provide more flexibility by allowing received on the proposed rule from license by amendment, including licensee's limited early use of power reactor licensees, contractors, elimination of the accompanying ( oocommissioning funds. This provision Government agencies Agreement States, proposed Subpart L or G hearing was presented in a drallt policy dtir. ens groups, and individuals. ne opportunity. statement entitled "Use of comment letters have been categorized C.ommenters not in favor of the Decommissioning Trust Funds Before into two groups representing proposed rule were not supportive of Decommissioning Plan Approval"(59 commenters generally in favor of the the proposK rule to varying degrees. February 3,1994) that was proposed rule and those generally not in Many of these commenters were FR 5216 favor of the proposed rule. He strongly opposed to the proposed rule published by the Commission for i commenters in favor of the rule (24) and indicated that it allowed nuclear power generators to have discretionary

Federal Register / Vol. 61, No.146 / Monday, July 29, 1996 / Rules and Regulations 39281 powers to regulate themselves, that NRC clear that the PSDAR is a high-level PSDAR activities previously described. was abdicating its responsibility for summary, and that there should be The licensee's consideration of such protecting the health and safety of consistency in the cr..eria for assessing inconsistency would include any workers and the public; that, in environmental impacts between the milestone scheduling changes of allowmg the decommissioning plan to PSDAR and the proposed 6 50.59 dismantlement tasks and significant be included in the Final Safety Analysis mquirements. A few cornments increases in decommissioning costs Report (FSAR) it could be revised suggested making the reporting from those described in the PSDAR. The w thou' license amendmer;t, thereby requirements more efficient by final rule will explicitly include the neludmg the public from the proce'ss; combining them and updating the requirement that activities that would and that maior cornponent removal PSDAR and FSAR together, requiring result in significant increases to l, should not be allowed before the updates no more than once every 36 decommissioning costs from those decommissioning plan is approved by months, or using a single PSDAR for presented in the PSDAR must be a the NRC. These commenters expressed multi + reactor sites. Several comments consideration in the notification a variety of views indicating that the suggested that the updating requirement requirements of S 50.82(a)(7). It is existing rule should be left alone or that for the PSDAR be eliminated because intended that regulatory guidance the current rule should be left basically $ 50.59 already requires annual addressing the PSDAR Standard Fonnat in pla< e but made more effic!ent reporting requirements, that the term and Content will be issued soon after through better implementation and "significant" used in the p'rposed the final rule is published. should include greater opportunities for S 50.82(a)(6) should be tie to the Currently, FSAR updates are required public participation. Finally, a few 5 50.59 safety evaluation, and that the annually or 6 rranths after a refueling commenters indicated that significantly extent of deviation in the PSDAR outage provide ne interval between greater public participation and schedule that is permissible without updates does not exceed 24 months. oversight are neussary than that notice to the NRC should be clarified. Because the FSAR is the basis for the prescribed m the proposed rule. Finally, there was a comment that the use of 5 50.59, the updates will need to Hesponse. The proposed rule was final rule should make it clear that,if be timely, so the final ruie specifies a deseioped to allow more flexibility in prompt decommissionir., 24-month FSAR update for deahng with preme m desures, the (dismantlement)is being pmued by 'he decommissioning activities for those der ommissioning prwess in general, licensee, the PSDAR ar...icense nuclear power reactor licensees that and the experience gained from nrent termination plan should be permitted to' have submitted the certifications of dernmmissioning activities such as be the same document. permanent cessation of operition and those at Fort St. Vrain. Shoreham, and Commenters nut in favor of the rule permanent removal of the fuel from the Rant ho Seco, as well as early did not specifically address Issue 2. reactor vessel, component removal at Yankee Rowe Ilowever, those commenters believed If prompt decommissioning is desimd and Trojan. The justification and intent that the current rule requirements by the licensee, the licensee could elect of the Gnal rule is unchanged. The should be followed and thct an early submittal of the PSDAR, before NRC's primary concern, as the licenseo approved decommissioning plan should cessation of operation, and then use of transitmns tu decommissioning,is that be required before a licensee is S 50.59 would be permitted at cessation the hc ensee will have sufficient funds to permitted to perform major of operation, provided the certification c.omplete decommissionin3 and that one decommissioning activities. of permanent fuel removal from the actiuties undertaken by the licc..see Response. The purpose of the PSDAR reactor vessel has been ruceived and the wi!! protect the pubk. and the is to provide a general overview for the public meeting had been held in environment. The intent of this final public and the NRC of the licensee's advance. Although the PfDAR and rule is to streamline some of the proposed decommissioning activities license termination plan serve different det nmmissioning requirements for until 2 years before termination of the purposes, and a formal approval process power teattor licensees, especially in license. The PSDAR is part of the is required of the latter, the PSDAR and approul of the decommissioning plan mechanism for informing and being license termination plan can be before maior decommissioning activities responsive to the public prior to any combined. If a licensee chooses to can be undertaken and in early use of significant decommissioning activities corhbine the PSDAR and the license det ommissioning trust funds, taking place. It also serves to inform and termination plan, tFe requimments for Speufic issues addressed in the final alert the NRC staff to the schedule of both would apply to the combined rule are discussed in greater detail licensee activities for inspection document, including the requisite bela planning purposes and for decisions waiting period, public meeting, and hyoe 2-PSDAR. FSAR, and update regarding NRC oversight activities. appmval by amendment of the license nym ments. Because the final rule eliminates the termination plan. The procedure for Lomments Commenters in favor of need for an approved decommissioning approval of a license termination plan is the rule had various comments plan before major decommissioning similar to that currently required for e one erning the PSDAR. Its required activities can be periormed. the approval of a decommissioning plan. upd ue and the proposed update to the n quirement to submit a PSDAR is less For a multi-reactor site, the PSDAR F SAR seural comm-nters indica 1ed stringent than existing requirements for could address the activities for all the that the PSDAR requirement should be power reactor licensees. reactors at the site if decommissioning ehm need because it is more stringent The information required to be in the of escl. will be undertaken at the same than n quirements in' posed on operating PSDAR is less detailed than the time. n aitors. that the PSDAR should only information required in the FSAR. Issue 3-Ninety-Day Time Period rey-ore mformation (detailed schedule) Therefore, the PSDAR should not be Prior to Undertaking Major P'" hue to the current phase of combined with the FSAR because the Decommissioning Activities. 6 ommmonmg because two documents Nve different purposes. Comment. Several commenters noted damW.%e.it and sue restoration may The final rule rs es a written .that the proposed 90-day waiting period '" ~ i r hr u ms y ears. that the word notification if at,. i ies are anticipated before major decommissioning activities mmPm CA1 be used to make it that would be inco%istent with the could be undertaken did not address a

39282 Federd Reghter / Vol. 61, No.146 / Monday, July 29,1996 / Rules and Regulations health and safety conc:rn and that thtre are potential high costs associated redund.nt to the proposed requirements with such a lay because licensees in S 50.82; the PSDAR content plus or constitute an unreviewed safety could do a lot of dismantlement during update and the 90-day waiting period question as defined by 5 50 59(a)(2). this time that would be more efficient envelopes issues addressed by these Also, it was noted that a license and cost advanta ous. These criteria. These commantors believed that amendment is required for changes in commenters em sized d'at all if 5 50.59(e) criteria wert upt they technical specifications under the activities could carried out under should be in a regulatory guide and not curren: 5 50.59(c). $ 50.59 and the curreat licensing basis. in a rule. Cornments spec,fic to the four Most commenters who opposed the They further stated that,if the 90 day criteria and why they should be use of proposed S 50.59 were not in hold is retained, clarification is needed eliminated follow. favor of the rule. One commenter sta regarding the NRC's opportunity to Section 50.59(e)(1)(i) concerning that the analysis of the dismantlement interpose an objection to proceeding foreclosure of the site for unrestricted activities proposed under 9 50.59 to with major decommissioning and that release. It was noted that any event that determine whether or not the activity the NRC review should be based ondetracts from this effort would be generates any unreviewed safety issue areas of significant safety. Finally, one accidentalin nature, and that the should be provided to the NRC, rathat commenter expressed a concern that the proposed rule provided no explanation than rely on an NRC audit as existing 90-day waiting period would not allow of the types of activities that could regulations provide. This analysis enough time forpublic participation, result in foreciosing the site for would also provide this infonnation to including consideration of comments unrestricted use. the public for examination. Several of received from the public after NRC Section 50.59(e)(1)(ii)concerning the commenters indicated that an after-significantly increasing the-fact review of S 50.59 activities notices the licensee's PSDAR submittal and during a public meeting. decommissioning costs. It was noted would provide insufficient regulatory Commenters not in lavor of the rule that cost estimate information is protection. Finally a commenter stated did not specifically address issue 3. required prior to and through the that the presence o,f an NRC inspector is However, those commenters believed decommissioning prxess making this essential during decomrnissioning that the current rule requirements requirement unnecessary.,Moreover,it activities. should be followed and that an was assorted that them is no logical Response. The Commission approved decommissioning plan should correlation between the cost of a concluded that the proposed be required befere a licensee is decommistmioning activity and whether a 5 50.59(e)(1)(iv)is redundant and permitted to perform mai~ license amendment should ba required should be eliminated from the final rule. decommissioning activities. for that activity and that co6ts have The Corr issiva na.onsidemd the need i Response. 'Ihe commenters have never been a consideration in for the remaining $ 50.59(e)(1) i correctly noted that the 90-day waiting detennining whether a proposed requirements and determined that basis for a plant. It was also noted thatactivity is consistent w placing them in S 50.82 would be more period does not and safety issue.just address a health appropriate. The Commission also The NRChas chosen a 90-day waiting period prior to allowing other reguletory bodies such as Public concluded that the requirement Utility Commissions and the Faderal ensuring that no major major decommissioning activities to the NRC to evaluate the limasee'soccur as the minimal time necessary for Energy Regu decommissioning activities occur that as economic pressurw. win force a would significantly increase pmposed activities and in conduct a licensoe to perform decommissioning decomrnissioning cost could be overly I burdensome. Instead, an a { public meeting. The public meeting is cost effectively. It was recognized that priate informationaland may v chaired by a actions taken by a licensee may constraint would be to pro it any i local official, with a presentation of the diminish the decommissioning fund decommissioning activlties that result regulatory pm for decommissioning and it was suggested that the wording be in there no longer being reasonable by the NRC, presentation of planned changed to deal with actions that would assurance that adequate funds will be decommissioning activities by the "significantly inhibit the ability to fund available for decommissicning. licensee, and participation by State decommissioning costs which would 110 wever, the NRC needs to be aware of representatives. A qasstion and answer prevent successful decommissioning." changes in decommissioning activities Section 50.59(e)(t)(fli) concerned that would result in significantly period would follow the presentations, By submitting the PSDAR before environmentalimpacts not previously increasing decommissioning coats and cessation of operation, a licensee could reviewed. It was noted that compliance would require written notification of reduce the need for a waiting period with the operating license, technical such intended actions. The other (see the response to Issue 2 for an specifications, and 5 50.59 regarding paragraphs in 5 50.59(e) were placed in additional discussion on ways that the unroviewed safety questions adequately $ 50.82(a) to ensure that they will be i waiting period may be reduced). preclude having significant adverse considered as overall constraints on the Issue 4-Proposed Rule Modifications environmentalimpact that have not licensee's decommissioning activities, been reviewed. Moreover, the rather than separately for each l to $ 50.59. Comment. Many commenters requirement is redunciant to the contemplated activity as pmposed in $ 50.59te). ] approved of some form of the pmposed requirement concerning unreviewed modifications to 5 50.59. Many of these envimrunental impacts required in the The purpose of retaining these commenters noted that $ 50.59(e) in the content of the PSDAR specified in requirements is to ensure that no $ $0.82. decommissioning activities can occur j proposed rule is more stringent than the existing requirements for operating Section 50.59(e)(1)(iv) concemed that result in:(1) Eliminating the violatin potential for unrestricted release, (2) recctors. These commenters believed license.g the tenns of the existing It was noted that this significant environmental impacts not that the existing 5 50.59 critaria are i previously cuasidered in EISs, and (3) adequate. Several commenters stated requirement is redundant with language there no longer being reasonable that the four proposed constraints in $ 50.59(a) that allows licensees to contained in 5 50.59(e) are somew hat proceed with an activity so long as it assurance that adequate funds will be does not violate technical specifications available for decommissioning. The basis for this I' mal rule permitting the.

Federal Register / Vol. 61, No.146 / Monday, July 29, 1996 / Rules and Regulations 39283 rse of 6 50 59 activities to perform with, or making any significant Most of the commenters who were not decommissioning activities is that schedule change from, those actions and in favor of the rule believed that the environmental impacts have already schedules descnbod in the PSDAR and NRC should define decommissioning as been considered and that such states that this notification include a major Federal action requiring an EA consideration was for an unrestricted consideration of significant increar,es in or EIS. They further indicated that a release condition where the licensee has decommissioning costs (5 50 82(a)(7)). generic environmentalImpact statement sufficient funds to complMe The NRC intends to maintain an cannot substitute for a site specific EA decommissioning (see final generic active inspection program to provide tha because the FGEIS does not consider all ensironmental impact statement requisite level of oversight of licensee possibilities. A few of these commenters (FGEJS), NUREG-0586).' The major activities during decommissioning. The further stated that the proposed wnsiderations of bcensee PSDAR and any written notification of environmental impact consideration decommissioning activtties that could changes required of a licensee will be process is NRC's attempt to streamline sigmficantiv affect the environment are used to schedule NRC inspection the process for utilities and deregulate at the license termination stage when resources for significant NRC current requirements. A few the hcensee submits a license decommissioning activities. commenters stated that the process terminauta plan for approval. In addition to continuing outlined in the proposed rule abdicates if a licensee contemplates requirements that the liceni,ee must NRC's responsibility to protect the decommissioning activities that would comply with, such as to CFR part 20 health and safety of the workers, the violate these requirements. the licensee regarding protection of workers and the public, the environment, and it also may not use the 5 50.59 process Public from radi.= tion, and appendix B undermines citizen's due process. dehnea:ed in this rule to perform the to 10 CFR part 50 regarding quality Response. While the FGEIS (NUREG-activities The licensee would then be assurance, the final rule explicitly 0586) 3 for the 1988 decommissioning required to obtain a license amendment extends certain technical requirements rule concluded that only minor negative to c ver decommissioning activities environmerital impacts would result erform the actinties tofhe final rule prohibits licensees from (e g. 55 50.36,50.3r a. 5016b, and from decommissioning in addition to Appendix I regarding technical substantial oositive envirotunental performing any decortisai'ning actmties that foreclose release of the 5Pecifications for surveillai.ce impacts,it aid not address site-specific site for poss:ble unrestncted use, result requirements, administrative controls, situations that could differ from the c ntrol of effluents,.nd conditions to assumptions used in the FCE!S analysis. m significant environmental impacts not prenously reviewed, or result in protect the envire tment). Thus, there However. it is expccted that any site will be a licensing basis appropnate to impacts will be minor. Any site impact there no longer being reasonable the activities undertaken using the should be bounded by the impacts assurance that adequate funds will be 5 50.59 process during evaluated by previous applicable GEISs available for decommissioning deconunissioning. By maintaining as well as any site-specific EIS. To (5 50 82(a)(61). Prior to the hcensee's use of the 5 50.59 process to perform major artain requirernents throu hout the account for site-specific situations that [fecommissioning activities, the PSDAR decommissioning process, icensees will may occur outside these environmental submittal and public information be able to use the existing 5 50.59, impact considerations. the final rule Frocess to perform decommissionmg prohibits major decommissioning process must be completed The activities and thus provide comparable activities that could result in significant iicensee is required to include a assurance that protectmn of the pubbc environmental impacts not previously discussion that provides the reasons for health, safety, and the environment will reviewed. The review process for tue concluding that the environmental n t be co omised. PSDAR and the approval process for the impacts that might occur during 15N nf nmeutdl Impact banse termination plan requires decommissioning activities have already onsiderations During the Initia.! T,s.ase licensees to review the existing been considered m site-specific or of Decommissioning. documents and address any generic environmentag impact Comments. Many commenters in discrepancies in their submittals. statements. and to estimate the amount favor of the rule fully supported the The environmental assessment of funds necessary to complet" environmental impact considerations conducted for this rulemaking rebed on decommissioning (see S 50.82(a)(4))- delineatedin the proposed rule for the the FCEIS for the decommissioning rule The hcensee is also required t PSDAR submittal, with no mandatory (NUREG-4586, August 1988)' and submit a site specific cost estimate ER or subsequent EA requirement. A determined that, insofar as the rule within 2 years after permanent cessation few commenters suggested that no would allow major decommissioning of operatwns. Use of decommissioning environmental impacts for activities (dismantlement) to proceed trust funds are subject to the decommissioning need be addressed without an environmental assessmente requirements (in 5 50 82(a)(81) that further because the FGEIS for the 1988 application of the rule will not have a edequate funds will be available t decommissioning rule (NUREG-0586. si.nificant impact on the environment. ultimately release the site and tenninate August 1988)1 and subsequent Afthough not. uired by NEPA, NRC the hcense. Moreover, the final rule envtronmental assessments (for various has required in is final rule that requires the licensee to notify the NRC actual power reactor decommissioning licenseen indicate in the PSDAR the m wnting before performing any situations) demonstrate that masons for concluding that the planned decommissioning actinty inconsistent decontamination and dismantlement do activities are bounded by the FGEIS and not significantly affect the human previous site-specific environmental g [8M' "$"htl"j environment and have beneficial effects impa,ct statements. This requirement is F acdd.es t%RC. Aug W 1988. Copies.r, in restoring the site to an Consl5 tent with one of the primary goals ...a.s.c for inspnnon or copma for a fee imm environmentally acceptable condition. of the PSDAR process, which is to the NRC Pabhc Ihment Raom 2:20 L. Sunet NW A few commenters suggested that promote public knowledge and provide IENNiN[t hfn[oYt7l$",[ decommissioning should be considered an opportunity to hear public views on a categorical exclusion as defined in to decommissioning activitr es before ooot. i.:cphone i2021 su-32?2. t.- (zoa 63e sm CFR 51.22. licensees commence dec ommissioning.

11 39284 Feder-1 Register / Vcl. 61, No.146 / Monday, July 29, 1996 / Rules and Regulations ri At the license term. nation stage, the before allowing licensees to undertake amends the license. NRC e.iministrative [, Commission must make decisions on major decommissioning activities may procedures, in subpart G f f 10 CFR part is l j the licensee-proposed actions described not allow enough time for adequate 2, now provide an oppo 1 mity for y, in the license tsrmination plan. The public participation. persons to request a heariig regarding .: l Commission must consider: Most commenters who did not favor the NRC's decision. A sirr ilar procedure Y. (1) The licensee's plan for assuring the rule believed that the pi b.ic will be followed in Ae fi,al rule for the Ql that adequate funds will be available for participatory role proposed was license tenninatic.i pla. once the final site release, inadequate. These commenters stated licensee has pern anently removed fual T.' p* (2) Radiation release criteria for that NRC should retain the possession-from the site. Ilows ver, the hearing will 1 license termination, and only license amendment (pOLA) and be less formal beca, se it will follow the (3) The adequacy of the final survey decommissioning plan approval procedures in Subpart L of 10 CFR part required to verify that these release required in the current rule to truly

2. The role of the SSADs will be J

criteria have been rnet. enhance public participation. Public evaluated when the rulemaking a Therefore, the NRC has determined meetings were considered helpful, but regarding radiological release criteria for f*' that submittal of the license termination no substitute for an adjudicatory hearing license tennination is finalized. plan should be treated as a limnse that includes the rights to discovery, to Issue 7-Establishment and Use of the i 4 ? amendment. In addition, under 10 CFR present evidence, and to cross exan.ine. Decommissioning Trust Fund. kl part 51, an environmental assessment or Along these lines, a commenter stated Most of the commenters on this issue e I impact statement would be required at that a meeting does not afford citizens were in favor of the rule. These i j the time tne license is amended. the level of institutional accountability commenters requested greater flexibility 1 Following resolution of another ongoin8 necessary, given the dangers of in what costs can be included in the NRC rulemaking activity that is environmental-toxic contamination fund, such as disposal costs of il considering adoption of radiological inherent in reactor decommissioning radioactive waste from plant operations. W release criteria, a categorical exclusion activities and that citizens must have a and greater flexibility in the use of the r" may be adopted that would elimidate substantive role in the decommissioning trust funds prior to and during N the requirement for an environmental process in order to clarify, negotiate, decommissioning. Specific comments ,] assessr7nt or impact analysis, except in and protect their community's interest that reflect the full range of comments the case of a restricted release of a site-A lew commenters suggested that site-on financial issues are: 4 Issue 6-Public Participation, specific advisory boards (SSABs) should Comment a. The proposed Comment. Most comarnter" be established early in che $ sc N(alF) propmes to regulate a supporting the rule commented on th* decommissioninF Procesa and that licensee's use of, and rate of withdrawal public paru,cipation aspects of the meaningful public involvement should from, the decommissioning trust fund. proposed rule. They believed that the be requ red at every stage of the While NRC oversight is warranted to participatory role given to the pubhc decommissioning process, not only at ensure that decommissioning activities was appropriate, excessive, or in need of the final termination stage. can be funded, regulating the rate of further clarification. Several questioned Res nse. As discussed previously, withdrawal from the trust fund may the need for expanded public initia ecomrnissioning activities unnecessarily impede the efficiency of a participation on matters of public health (dismantlement) are not significantly licensee's decommissioning activities. and safety because the NRC regulatory different from routine operational Because the NRC's generic estimates ref t framework already provides for such activities such c1 replacement or decommissioning costs are substantially participation (e.g., license amendment refurbishment. flecause of the lower than most recent site-specific cost process). These commenters also noted framework of regulatory provisions estimates, licensees would be that the purpose of the pubile moeun8 embodied in the licensing basis for the constrained to withdraw small fractions following the PSDAR submittal was not facility, these activities do not present of an unrealistically low estimate. properly explained and that the final significant safety issues for which an Response. Limiting initial j rule should clearly state that the NRC decision would be warranted. withdrawals to 23 percent of the generic meeting is intended for exchange of Therefore, it is appropriate that the cost estimate (using the 5 50.75 a information only. Many commenters licensee be permitted to cr nduct these requirements), until the licenu e has indicated that the NRC should limit the activities without the neca for a license submitted a site-specific scope of these meetings and hearings to amendment. flowever, the information decommissioning cost estimate, issues that arn related to health and meetings will be beneficial in keeping Preserves the integrity of the safety during the decommissioning the public informed of the licensee's decommissiomng trust accounts. The procesa. These conunenters also decommissioning activities. Although final rule permits licensees to withdraw . indicated that the supplementary the primary purpose of tbese meetings up to 3 percent of the generic formula information should include a clear is to inform the public of the licensee's amount for planning at any time during statement of the purposo and planned activities, the NRC will the decommissioning planning process, participa' ion guidelines for these consider public beelth and safety including planning that occurs while a meetings and clearly identify NRC's role comments raised by the public during plant is still operating. This amount at these meetings (which should be the 90 day penod before the licensee should be ample based on current significant). A comment stated that it is undertakes decommissioning activities. planning costs for licensees recently essential that adequate mechanisms be A more formal public participation undergoing decommissioning. Likewise, developed for addressing issues of process is appropriate at the termination ' allowing withdrawals of 20 percent of concern raised by members of the public stage of decommissioning because the the generic amount for and that, absent such closure, the final disposition of the site is decommissioning activities would allow meeting would only compound detennined at that time. Under the funding of certain activities before frustrations felt by the interested public. Current rule, the Commission issues an remipt of a site-specific cost estimate. Finally, there was a comment that the order permitting the reactor to be This amount is consistent with costs of 90-day waiting period (after the decommissioned, based on the large component removal activities submittal of the PSDAR to the NRC) approved decommissioning plan, which undertaken or contemplated by l 'l

r. [ 9 1 Federal Register /_Vol. 61, No.146 / Monday, July 29, 1996 / Rules and Regulations 39285 f licensees of shutdown plants (e.g., the licensee being pennitted to use any limnsees to have the total amount of Yankee-Rowe and Trojan). Once the funding in excess of p eviously decommissioning funds upfront, was NRC has received the site-specific stipulated amounts. This could be considered during the development of decommissioning cost estimate, a interpreted to mean that the NRC must the current rule and found to be licensee would hase access to the approve the additional expenditures. If adequately addressed in current balance of trust fund monies for the this paragraph is retained, the intent of requirements. Bankruptcy does not remaining decommissioning activities, this " permitting" should be made clea. necessarily mean that a power reactor Hecause the timing of the wbmittal of Expenditures made in anordance with licensee will liquidate. To date, the a site specific cost estimate is within the the PSDAR and the decommissior,ing NRC's expenence with bankrupt power control of the la ensee, the Commission cost estimate should not require any reactor liccasees has been that they file beheses that unwarranted restraints on additional NRC authorization. under Chapter 11 of the Hankruptcy access to funds are not imposed by the Response. The NHC's intent in the Code for reorganization, not liquidation final rule. proposed rule was not to use a formal (e.g, Public Service Company of New Comment b. The senpe of approval mechanism for Hampshire, El Paso Electric Company, decommissioning-related activities that decommissioning expenditures once the and Cajun Electric Cooperative). In licensees may collect funds for should licensee submits its site-specific these cases, bankrupt licensees have include oisposal of low level waste decommissioning cost estimate. The continued to provide adequate funds for generated during operations, final rule has been modified as safe operation and decommissioning. maintenance and storage of spent fuel suggested by the commanter. even as bondholders and stockholders after cessaticn of operations, costs to Comment d. More guidance should be suffered losses that were often severe. maintain an independent spent fuel providad regarding what constitutes a Because electric utilities typically storage installation, and non-radioactive decommissioning " planning" provide an essential service in an demolition or " green field." State Pubhc expenditurn. Changes in the proposed exclusive franchise arva, the NRC staff Service Commissions and the Federal rule regarding expenditure of funds believes that, even in the unlikely case Energy Regulatory Commissian have from the NRC Draft Palicy Statement on of a power reactor licensee liquidating. authonwd funding for these activities uso of decommissionmg fuads before its service territory and obligations, 5 w for decommissioning. in sorne cases because it is m the best decommissioning plan pproval (59 FR including t interests of the utilities' customers. The 5216. February 3,1994). should be more would revert to another entity without NRC regulation should not require fully explained. direct NRC intervention. Ilowever, the segregation of these funds in separate Response. The term " planning" used NRC believes that with electric utility accounts; restrictions on the withdrawal in 5 50 82(a)(8)(ii) specifically means deregulation becoming more likely, it of trust hmds in Ihe proposed rule could " paper" studies, not equipment may need to require additional lead utilities to create separate trust removal. Percentages are used in the decommissioning funding assurance for ac counts for each nuclear facility final rule rather than specific dollar those licensees that are no longer able funding component (e.g., amounts, as used in the Draft Policy to collect full decommissioning costs in decommissioning, spent fuel Statement, to better allow for inflation rates or set their own rates. Thus, the management, and greenfield). Finally, of costs in the future. Other changes to NRC proposed a rulemaking plan to, in the rule should allow for the prudent the Draft Policy Statement are based on part, evaluate these developments in and economic use, at the utility's the response to comments, developed SECY-95-223 (September 1,1995). discretion, of decommissic.mng trust pnor to this rulemaking activity, and Issue 8-.-Court decision, funds dunng the years of normal plant presented in the soction on the Comment. Most commenters who operation even before end of life. " Resolution of Comments on the Draft were in favor of the rule indicated that Response. The NRC's authority is Policy Statement." the proposed rule did not conflict with hmited to assuring th'it licensees Comment e. If a plant shuts down the recent court decision regarding the adequately decommission their facilities early, not only will there be iruufficient Yankee Rowe decommissioning with respect to cleanup and removal of funds to pay for planned (Citizens A woreness Network, Inc. v. radioactive material pnor to license decommissioning (buutuse not all NRG,59 F.3d 284 (1st Cir.1995)). Mos' termination. Radiological activities that payments will have been made), but the of the commenters who were not in go twyond the scope of actual cost of decommissioning can be favor of the rule believed that the decommissioning, as defined in 5 50.2, 2 to 3 times higher than planned. The proposed rule violated the court's such as waste generated during NRC should require external funds in decision, or the spirit of the decision, operations or demolition costs for the amount necessary to complete regarding Yankee Rowe. "greenfield" restoration, are not decommissioning upfront. Moreover, Response. A significant basis for the appropriate costs for inclusion in the the NRC does not have a procedure in court's decision was that it perceived decommissioning cost estimate. Funds place for " replacing" a reactor licensee that the Commission had not adequately for interim spent fuel storage and that goes bankrupt. Finally, the NRC provided the reasoning for the NRC maintenance are addressed in should specifically allow the total decision to allow decommissiomng 5 50.54bb). financial approach to be made along the activities before NRC approval of a The final rule does not prohibit lines ofindustry self. insurance, licensee-submitted decommissioning hcensees from having separate sub-Response. The revisod regulations plan (59 F.3d at 291-292), a decision accounts for other activities in the preserve the integrity of the that the court considered to be a decommissioning trust fund if decommissioning funds by tying the modification of the Commission's minimum amounts specified in the rule rate of expenditure to specific parts of decommissioning regulations. The court are mamtamed for radiological the decommissioning process. At the noted that the Commission had failed to Jecomnussioning. same time they allow broad flexibility provide either a rulemaking proceedmg Comment c. Soction 50 82(a)(7)(ii) of once a licensee submits its site-specific or a hearing to address what the court the proposed ru'.e specifies that a site-decommissioning cost estimate. perceived to be NRC approsals of specific decomnussmning cost estimate The issue of bankruptcy, as well as licensee decommissioning activities (59 must be submitted to the NRC pnor to the requirement for power reactor F.3d at 291-9L 294-95).13y initiation of

39286 Federd Register / Vol. 61, No.148 / Monday, July 29, 1996 / Rules and Regulations a notice of proposed rulemaking and decommissioning activities continue to deal with decommissioning activities. solicitation of comment (July 20,1995; be enveloped by the assessment of However,if a definition of "maior 60 FR 37374), the Commission environmental impacts in prior radioactive components" must be kept, addressed the reasoning underlying the environmental reviews. Any activities the definition should only be relevant to proposed decommissioning procesa and not meeting the environmental criteria any components, that when dismantled q allowed public review and comment on would require the licensee to J!c an for shipment, contain greater than class e that reasoning. application for amendrnent to the C waste. During decommissioning [ The final rule includes a public notice license and a supplement to its activities, these waste disposals have and meeting process, prompted by the environmental report "nder 10 CFR part the greatest significance regarding licensee's submission of a report

51. Finally, the rule requires a formal environmental impacts and adequate 4

describing planned decommissioning license termination plan by the licensee. funding and are unrelated to the g activities, to hear public views before The activities in the licensee's plan physical size of components. the licensee undertakes rnajor which do not meet the environmental Response. When the residual decommissioning activities. This criteria must be approved by the NRC by radiation criteria rule is find the process specifically provides that a license amendment that follows NRC definition of decommissioning in 5 50.2 f licensees may not begin major procedures for amendments, including will address use of the restricted release. decommissioning activities until after applicable hearing rights (under either It is necessary to have definitions of J they have submitted a PSDAR. The subpart L or subpart G of to CFR part " major radioactive components" and PSDAR will be made available to the 2, as specified in the rule) and the "mejor decommissioning activities" to public for written comment and a public preparation of environmental clarify what decommissioning activities meeting will be held to hear public assessments. may not occur before the end of the 90-p views. Finally, the licensee is required The court perceived that the agency day waiting period, flowever, the to submit a license termination plan " approval" of the expenditure of funds definition of " major radioactive befo*e release of the site. The final rule from the decommissioninE unds may compunents"in the final rule has been f specifies that the license terminatibn be a basis for triggerin both NEPA clarified so that large components, other g, plan be approved by the NRC through reviews and hearing rights (59 F3d at than those named, are not prohibited s the license amendment process. This 292-95). The final rule addresses this 5 50 59 activities if they contain small process provides the public with issue by providing generic guidance as amounts of radioactivity, hearing opportunities and ensures that to what expenditures can be made out Dismantlement of these components is any hearing on that plan : tst be of the decommissioning fund for considered part of routine operating completed prior to release of the site, decommissioning activities before nuclear power reactor activities. This procedural framework assures that submittal of a site-spec"Ic cost estimate. Issue to-Modifications to Specific those citizens living near the site. The revised regulations use generic Technical Requirements. potentially for years or decades after the criteria for expenditures from the Comment. Most of the commenters facility is shut down, will be provided deconunissioninF unds and do not addressing this issue were in favor of f with information regarding the require prior NRC approval of site. the rule and indicated that there should licensee's planned decommissioning specific expenditures meeting the be additional elimination or activities, have an opportunity to ask generic criteria (see 5 50.82(al(7)). These modification of requirements beyond questions regarding those activities at a new provisions specifically require those presented in the proposed rule. public meeting early in the process, and limnsees to maintain sufTicient funds There was a spectrum of views on this have timely input into the decision to 'ar release of the site and termination of issue:if a risk analysis were performed, release the site. the iicense. The licensee will have to it would de nonstrate that the proposed In its decision, the court also also include an updated, site-specific rule would impose unnecessary burden specifically addressed a conarn about analysis of remaining costs in the on NRC licensees and NRC resources decommissioning activitier taking place license termination plan submittal. without commensurate benefit to health prior to a NEPA analysis (59 F.3d at f a publishing this final rule, the and safety; appropriate technical 292-93).yna ne final rule addresses this Commission has explained the rationale specifications for decommissioning issue in several respects. First, the final for the new decommissioning process, would be for those activities for which rule explicitly prohibits the licensee and has concluded that nothing in the there is a significant hazard; the final from performing any major court decision dictates that the rule should include a discussion of the decommissioning activity that results in Commission take a specific approach to logic (Le., philosophy) in making significant environmental impacts not this issue or otherwise raises questicas conforming revisions to part 50, previously reviewed or forecloses concerning the validity of the approach esp @lly with respect to provisions possible unrestricted release of the site. adopted in this rulemaking. that did not change (e.g.,55 50.55a, Also, when the licensee submits the issue 9-Defimtions. 50.63,50.72, and 50.73 applicability); PSDAR, the licensee must specifically Comment. Regarding the ilefinitions the study and survey by the NRC include a coctico discussing how the in 5 50.2, a few commenters indicated conceming additional amendments for planned activities fit within the that the definition of decommissioning non-applicability should be completed envelope of environmental effects should include the concept of restricted before this rule is finalized (one included in either the FGEIS (NUREG-release to amommodate the proposed commenter); and that the proposed rule 0586 August 1988)8 or the facility's rulemaking on acceptable residual appears geared to permanently shut cite-specific environmental impact radioactive criteria for down reactors with fuel onsite and does sinement. Moreover, the licensee must decommissioning. Several commer. tors not differentiate among the aspects that pr<, vide written notification if the noted that the definitions of" major apply once fuelis removed from the intended decommissioning activities are radioactive components" and "ma}or site, and the rule should consider such inconsistent with the PSDAR. This decommissioning activities" were situations. Finally, one commenter requirement helps ensure that, after unnecessary because the use of the requested that environmental submittal and public comment on the existing $ 50.59 procese does not require qualifications remain in place for PSDAR, any changes to the planned these considerations and is adequate to equipment important to mfety u m

M { Federal Register / Vol. 61, No.146 / Monday, July 29,19% / Rules and Regulations 39287 1 i pertaining to spent fuel nianagement specifications will be developed for the Beyond the spent fuel pool, there is not and storage. plant decommissioning phase, are sufficient source term to justify Response. This rulemaking is redundant and should be eliminated emergency plans. This also pertains to l pnmarily directed toward the because $ 50.51(b)(2), the requirement 'o appendix E to part 50 and the procedural process for conduct activities in accordance with requirements in 5 50.54(t) concerning decommissioning. with particular the specific part 50 license for the periodic review (frequency and scope) emphasis on premature closure facility,is sufficient to ensure of the licensee's emergency situations. The modifications to effectiveness of the technical preparedness program l (Khnical requirements m the final rule specifications. Re8Ponse. Consideration of the 1 are based on a consequence analysis Response. As a reactor facility potential radiological consequences of that either leads to ehmination of the transitions from operational to hot, high-density packaged fuel in the 4 requirement or extends its applienhdity decomrmssioning status, numerous spent fuel pool is still ongoing. to decommissioning, changes to technical specifications are Modifications to this uirement, if The modifications to the technical expected. The regulatory experience made, will be develo at a later time. requirements in the final rule are with revisions to the techrucal Comment: Section 50.48. While some incomplete, as noted in the proposed specifications during this transition commenters agreed with the concept of rule and as the infonnation base period has entailed case-specific a fire protection plan through the end of continues to develop, additional evaluations of individua: Jcensee decommissioning one found the rulemaking actions to modify other ruquestr. This has resulted in some proposed language overly restrictive. requirements will be conducted. In the incon,sistency and variability of vague, and ambiguous. This commenter interim. licensees that no longer have expectations among shutdown ruoctor stated that once the permanently fuel onsite may continue to request facility license requirements. This removed spent fuel is certified to no exemption for specific requirements on revision provides the basis for longer be a fire protection concern, an a case by-case basis. The information developing a consistent framework for industrial fire protection program could base will addn ss the storage of high-the development of " standardized be adequate in most cases. Several other density packaging of hot spent fuelin technical specifications foe commenters noted that there am other the spent fuel pool with special decommissioning." as wcJ as addresses ongoing NRC activities to improve consideration given to potential the uncertainty regardin6 the current fire protection regulations, and radiological consequences that could apphcability of the eating regulation if actions are taken now they should occur from loss of coolant in the pool. to permanently shutdown reactors. only be based on "significant hazards" ~ Ccnsideration for amendmg rule Section 50.51 specifically addresses the considerations. requirements is also being given to continued effectiveness of expimd Response. These modified situations in which the fuel is in dry licenses and limitation of licensee mquirements have been coordinated storage at an Independent Spent fuel actions during any continued with ongoing NRC activities regarding Storage Installation (ISFSI). effectiveness period. As such,5 50.51 the improvement of fire protection Comments on specific amendments does not. nor is it intended to. provide regulations. Also, see the response to specific license conditions and 5 50.47 regarding spent fuel were: Comment: Pot 126. The r'nal rule requirements. Section 50.36 addresses considerations. As presently configured, should explicitly state that the fitness this issue. fire protection regulations apply only to for duty program does not apply to a Comment: Section 50.36o(a#1). This ' operating reactor facilities. The need for permanently shut down and defueled requirement should be clarified and an ongoing fire protection program. fai.ility. Ifit must apply, ta.m it should revised because radioactie waste albeit a modified one, remains after the apply to persons with unescorted access systems will have to be removed prior facility has ceased reactor operations. to the fuel storage buihiing or buildings to license termination, and the present The final rule provides a performance-d containmg equipment necessary for the wording appears to require that these based program that can readily be safe storage and handling of spent fuel. systems be used and maintained. modified during the decommissioning Response. Considerabon of this issue Moreover, temporary systems are process to address residual hazards. is ongoing and may result in future typically used for effluent treatment and Comment: Section 50.49. Electric rulemaking flowever, uniil a decision is the rule should be modified to describe equipment required for protection of spent fuel outside the mactor does not made, part 26 contirues to be only those systems that are ap)(propriate. meet the definition of equipment Response. Section 50.36ala 1)is j applicable. Comment: Section 50.36 Cntena are intended to ensure that operating defined by $ 50.49(b). The discussion in needed to ensure that technical procedures for any waste treatment the final rule should be corrected to specifications are appropriate for the systems used to control effluents be note that the environmental conditions of a plant in a defueled state. maintained and used to existing release quc'.fications regulations apply to The four criteria specified in S 50.59(e) criteri, and not that the systems be selected safety and non-safety related would be appropriate additional used and maintained when no longer equipment as described in S 50.49(b). guidance. necessary. Ilowever, in response to the Response. No modifications to the Response. Consideration will be given comment, S 50.36a(a)(1) has been proposed rule are necessary. Ilowever, at a later time to the development of modified from the proposed rule so that the environmental qualifications additional guidance in the form of systems that are no longer necessary can regulations apply to selected safety aad standardized technical specifications for be eliminated from compliance non safety related equipment as decommissioning. Iloweser, hcensees requirements, described in $ 50.49(b). mn apply for modific ation of their Comment: Section 50.47. A defueled Comment : Section 50.5 2. Section techmcal specifications on a case-by-plant that has ceased operation warrartis 50.51(b) should be deleted because it is me basis. a material reduction in the scope ofits redundant, if it is kept, the requirements Comment Sectmn 50 JI;Ictleil and tel affsite emergency planning on the contmuation of a license should These requirements, which appear to reqmrements because tha credibility of be clarified to affirm that other imply that a new set of techn. cal any offsite consequences are reduced. operating reactors would be unaffected

39288 Federd Register / Wl. 61, No.146 / Monday, July 29, 1996 / Rules and Regulations when the operating license of one Comment: Section 50.54(w). Onsite those SSCs associated with the storage, reactor has been tenninated at a multi-property damage insurance for a facility control,and maintenance of spent fuei reactor site. Section 50.51(b)(1) should undergoing decommissioning should be in a safe condition in a manner that be clarified to indicate that, at sites that eliminated or substantially modified. provides reasonable assurance that the have an intervening reuse but do not Response. Consideration of the SSCs are capable of performing their require decontamination to unrestricted potential radiological consequences of intended function. i release, decontamination would not hot, high-density packaged fuel in the Comment: Section 50.72. The need to occur until the end of the reuse spent fuel poolis still ongoing, immediate notification requirements for period. Modifications to this uirement, if operating nuclear power reactors should Response. Section 50.51(b)is not made, will be develop at a later time. not apply to permanently defueled redundant and will not be deleted. This Comment: Section 50.55a. Pertaining reactors or, if applicable, should be i section in the final rule has been to codes and standards requirements, it significantly modified. Regarding modified to clarify that an expired should be noted that $$ 50.55a (a),(f). S 50.72(a)(i). there should be no license for a nuclear reactor facility that and (g), Inc.ervice testing requirements, requirement to use the Emergency has permanently ceased operations is do not apply to permanently defueled Notification System or Emergency not terminated until the Commission reactors because the plant is not Response Data Systems. terminates it. This provision further operating and there is no need to apply Response. The NRC did not adopt this clarifies what conditions prevail under the regulation, comment. Notification requirements for such circumstances. At a multi-reactor Response. No change is necessary events such as abnormal releases and site, each reactor is individually because these requirements provide overexposures are examples of required licensed and actions are applied assuxance that selevant portions of the reports that are necessary. 4 accordingly. The final rule addressing facility are maintained functional or Cornment: Section 50.t i t. Criminal the radiological criteria for operational to adequate standards so penalties should not be imposed for decommisaloning will address the. issue they are operationally capable, decommissioning activities because of restricted release options. Under the Comment: Section 50 M. The they are not so important to public proposed rule, such restrictions would requirements on the loss of all ac power health and safety that licensees need be ) have to ensure that members of the should not apply to decommissioning subject to them. Decommissioning public, in the event the restrict 4ons fall, because the potential ior significant activities for reactor licensees should would not receive a dose in excess of radiological consequera.es is very low not be treated any differently than for 200 mrem per year. Unless, the facility (there is a low probabibty of incident otho..adioactive material licensees. remained under license, individuals and long recovery time). Response. The Commission believes having acmss to the facility would be Re8Ponse. Consideration of the .that certain actions are essential in considered members of the blic. Potential radiological consequences of initiating the decommissioning process Comment: Section 50.54.The ~ bot, high-density packaged fuel in the (e.g., certifying to permanent cessation antitrust law requirements a reactor spent fuel pool is still ongoing. of operation and permar nt removal of th.t has permanently ceased operations Modifications to this uirement, if fuel from the reactor ves 1, and and permanently defueled should be made, will he develo at a later time. submitting a PSDAR) and should, Comment: Section 50.65. Monitoring therefore, be treated as substantive with ,) reevaluated lo' r applicability). Response. Section 50.54(g simply maintenana for a permanently respect to the crithinal penalty 1 provides that the issuance of an NRC shutdown and defueled facility on any provisions of the Atomic Energy Act. license does not relieve the limnaes of its structures, systems, or mmponents Decommissioning actions, when ) from compliance with the antitrust laws (SSC) to levels requirxi by the current initiated improperly, have a potential specified in Section 105 of the Atornic maintenana rule is unnecessary. for sign!!icant c'onsequences regarding Energy Act, and that the NRC may take Permanently shutdown and defueled besith, safety, and the environment. appropriate action,includlag facilities can no longer ex:wrienm the Willful violations o', attempted suspension or revocation of the license, levels of mechanical stresses associated violations of, or conspiracy to violate, j if a court finds the licensee to have with an operating plant. Therefore, the 5 50.82 would, therefore, be a matter of violated any provisions of such antitrust industry interprets the proposed rule to significant concern to the NRC. Thus, laws. This subsection of the regulation roean that the maintenance program the NRC is retaining the addition of is sufficiently flexible that there is no only applies to the safe storage of fuel. S 50.82 to the list of regulations to reason to modify or delete it with The relativo risks from a shutdown which criminal sanctions apply. respect to a facility that has ceased plant allow requirements in existing Cornment: Section 140.11. Conceming J operations or is permanently defueled. technical specifications and other Price Anderson Snancial protection, Comment:Pamgmphs (k/, (1), and (m) administrative programs to provide permanently shutdown and defueled 1 of $ 50.54. b requirement for licensed aOquate assurana for safe fuel storage. facility licensees should be permitted to operators should be eliminated or Response. *Be maintenana rule, withdraw from the secondary financial l reduced because reactivity changes can $ 50.65, requires that the performanm or protoction layer, and single units should only occur during the initial stages of condition of all structures, systems, and be given a reduction in the primary decommissioning in connection with ' components (SSCs) described in level of coverage (e.g.,3100.000.000). repositioning fuel assemblies in the 6 50.65(b) be included in the scope of Response. Consideration of the spent fuel pool. With reference to the rule. Under the current rule, potential radiological consequences of 5 50.54(i), the scope of the operator licensees are permitted flexibility in the hot, high-density packaged fuel in the requalification program and limitations goals that are established and the spent fuel poolis still ongoing. on a licensee's freedom to modify it monitoring that is performed for these Modifications to this utrement, if should be reduced at facilities SSCs. The NRC agrees that the stresses mado, will be develo at a later time, undergoirig decommissioning. on most SSCs in an operating plant are as will considerations of fuel stored in Response. Consideration of these greater than those associated with a an ISFSt. issues is ongoing and may result in shutdown and defueled plant.The final issue 10-Termination of License future rulemaking. rule allows the smpe to be limited to Requirements.

M Federal Register / Vol. 61, No.146 / Monday, July 29, 1996 / Rules and Regulations 39289 t Most of-the commenteni in favor of Specific comments concernin8 the should be encouraged for multi-reactor the rule supported the decommissioning license tennination i an were provided antes. requirements for termination of the by several cornmenters. Response. Reactors at a multi. reactor license in the proposed rule. However, Comment a. The timing of the license site are individually licensed and several of these commenters stated that termination plan is not explicit in the licensing actions are applied to the approval of the license termination plan proposed rule,5 50.82(a)(8), and it is not individuallicenses. A licensee would should not require an amendment or clear whether the rule permits not be prohibited from submitting a opporturutv for a hearing. They behave dismantlement activities before single license termination plan for the multi. reactor site, but the NRC would that if the gilan is made available for submittal or approval of the license public comment, existing regulations termination plan. address terminating each license arately. sepssue 114fcense Tennination: provide ample opportunity for public Response. The final rule permits participation and the AEA does not dismantlement activities 90 days after Ad idona comments require a hearing. Another commenter PSDAR submittal unless the NRC noted that once the spent fuelis off the interposes an objection. The license site, the hazard is reduced so there is no termination plan must be submitted the need for a hearing wh. en the h,censee g9 bm IIthe safety, technical, or legal basis for NRC within 2 years of the licensee's expected fppro al s Id be ri r date of b, cense tennination ;the date approval of a detailed decommissioning licenace meets the requimments of the plan or PSDAR. A commenter pointed specified in the PSD AR c.,uppiement). termination plan and applicable Comment b. The NRC does not out that the use of the proposed 5 50.59, regulations, there would be no issues to 6*P ain or support the need for the adjudicate. Another commenter stated l which includes the four criteria (b 50.59(e)), addresses the unique elements of the plan, discussed in that, concerning the subpart L circumstances associated with the proposed 5 50.82(a)(8)(f!) (A)4Gl. The proceedings, the NRC should issue a decommissioning activities. If some current rule, under 5 50 82(d), simply clear statement of policy to eliminate activities do not satisfy the requirements mquires u dated, detailed plans before the potantial for significant litigation. of 5 50.59 and a lir mse enendment is de start o decommissioning. Several commenters stated that if required. interesteo parties would have Re8Ponse. The final mit, armits subpart L is.a be used for hearings. in major decommissioning activities appears necessary to change the title of an opportunity to request a hearing. The (dismantlement) to be nerformed using subpart L to include Part 50 licensees. approval of the plan by amendment and the 5 50.59 prrmss. Ekcause a Finally, a commenter stated that the the opportunity for aeearing are not for decommissioning plan is no longer applicability of Subpart L hearings reasons of heoltb and safety; moreover, any interested party could always required, the requirements for the should be incorporated into 5 2.700 as limnse terrmnation plan are less well as 5 2.1201. petition for a hearing under 5 2.206. Another commenter made similar complex than those that are currently Response. With respect to the comments and went even further in required for a decommissioning plan. lennination plan, the Commission The license tennination plan provides recognire that ongoing rule naking stating that if standards for radioactive documentation on the remaming proceedings may result in establishing release are clear, meeting the objective activities necessary to te.mmate the criteda for the restricted release of sites. of terminating the license ehould be Hmnse and includes cor. ideration of Eve. if a hearing is not legally easily demonstrated without tra need mmediation aspects that could involve mandated at the termination stage as for approval of a plan or ticense license termination under either argued by some commenters, the amendment; and that the plan should be unrestricted or restricted release Commission views it as appropriate to available to the NRC for iniormation c nditions (once the rulemaking on use the amendment process for approval on!U acceptable residual release criteria is of termination plans, including the Response.The requirement for final). The site characterization, associated opportunity for a hearing, to submittal of a tennination plan is description of the mmaining allow public participation on the retained in the final rule terause the dismantlement activities and plans for specific actions required for license NRC must make decisions, required in site remediation are necessary for the termination. In particular, the the curmnt rule on the NRC to besure that the 11 nsee will Commission bas determined that,if a decommissioning plan, regarding (1) the have adequate funds to complete hearing is requested on the termination licensee's plan for assuring that decorr.missioning and that the plan, the hearing must be completed adequate funds will be available for appropriate actions will be completed before release of the site. This action final site release;(2) radiation release by the licensee to ensurn that the public will help ensure meaningful pubuc criteria for license termination, and (3) health and safety will be protected. The input on any proposal for restricted adequacy of the final survey required to language of 5 50.82(8)(a)(ii) (D) and (F) release of the site. Given that a lengthy verify that these release criteria have in the proposed ru's, now period (up to 60 years) may pass been met. A public meeting is $ 50.82(a)(9)(ii)(B) and (F) in the final between the PSDAR stage and the considered necessary at the 1. cense rule, has been changed to more clearly termination stage, and given that final termination stage to inform the public reflect the intent of these requirements. release criteria are still being developed about the licensee's proposed Thus, element (A) now requires that may include restricted miease of a termination activit:es and to provide an identification of remaining site, the Commiss;on views a license opportunity for public comment on dismantlement activities, and element amendment process as appropriate, those proposed activities. The NRC has (F) now requires an updated site-along with the associated opportunity also made the determination that license specific estimate of remaining for a hearing, whether or not such termination is an action of sufficient decommissioning costs. hearings am mandated by legislation. significance as to warrant an Comment c. One commenter Finally, the changes proposed by the opponumty for a public heanng on questioned how multiple sites will be commenters concerning the change of NRCi deasion regarding the hcensee's addressed. Another commenter stated title of subpart L to include part 50 propowd termination activities. that a single license termination plan licensees and @e incorporation of 9

~ '39290 Federd Regisler / Vol. 61. No.146 / Monday, July 29, 1996 / Rules and Reguhtlons subpart L applicability into $$ 2.700 and that the first sentence of the first additional opportunity for public 2.1201 are unnecessary because the rule paragraph of 5 51.53(b) should be comment on the licensee's proposed already addressos these considerations. deleted to be consistent with the activities. The final rule requirements Comment. Many commenters concept that "a limnse amendment are based on NRC's experience with expressed confusion on when a subpart authorizing decommis ioning activities" licensees' use of the S 50.59 process L or subpart G hearing would be is no longer required. Revised wording during operations and consideration of appropriate. One commenter noted that should begin with "ench applicant for a the types of activities that licensees once fuel is out of the reactor vessel and license amendment approving a license would undertake during the in dry storage, there is no difference terrnination plan or decommissioning decommissioning process. Where between storage on or off site and that plan." Another commenter stated that appropriate, licensing requirements are i reference to the subpart G hearing S 51.53 should be revised to reDect the continued through decommissioning should be deleted. Another commenter fact that the proposed rule,if adopted, and the NRC is informed of each wanted a clarification of what is meant would not require an amendment that licensee's planned accommissioning by removing fuel from the site (i.e., authorizes the conduct of activities. (Additional discussion can be i under a part 72 license). Another decommissioning activities, because found in the response to Comment 5).

• sue 17-Regulatory Guides.

commenter suggested that the wording neither the existing nor the proposed s to S 2.1201(a)(3) be clarified concerning decommissioning process requires a Comment. Several commenters pennanent removal of fuel from the site license amendment to approve a requested regulatory guidance in the to an authorized facility. One decommissioning plan. Therefore the form of wgulatory guides. These commenter inquired as to whether a first paragraph of this section should be requests pertained to a standard format license could be terminated if the reworded as "lElech applicant for and content for the PSDAR and license licensee removed the fuel to an onsite license termination upon submittal of termination plan as well as to transition ISFSI. the license termination plan under guidance for licensees who are shut Response. The final rule clearly S 50.82 of this charer either for down and choose to adopt the new indicates that once the fuel is removed unrestricted use or based on continuing Process. Additional guidance was also from the licensed part 50 fat.ility the use restrictions applicable to the site, requested for a regulatory guide that power reactor facility can be treated as

• *
• shall submit * * '" A similar dealt with the decommissioning a materials facility where a subpart L change was stated to be needed in process, such as a revision to Regulatory hearing is appropri

s. If fuel ternains at S 51.95 for the same rewns. Finally, a Guide LS6," Termination of Oprating the facility, a subpart G hearing is commenter noted that $ 51.53(bl as well Limnses for Nuclear Reactors,' that appropriate. If the fuelis in an iSFSI, as S 51.95(b) refer to " applicants *

• a would include such topics as the that part of the affected site is regulated for a utilization facility," which does objective s id implementation aspects of under a part 72 license and would no _ not seem to be an element of the Public meeting and hearings, guidance longer be regulated under the part 50 proposed rule and should be deleted; en issues the NRC would consider in license. The wording in S 2.1201(al(3) also, S 51.95(b) does not mention not giving negative consent approval to has been changed to " removal of fuel approval of a license amendment for the PSDAR after the 90-day waiting from the part 50 facility," rather than license termination or a Period, guidance on interpretation and "from the site," and means either

. decommissioning plan, which is an development of technical rule removal offsite to an authorized facility omis6fon and should be consistent with requirements, and guidance, on the or to an onsite facility (ISFSI) not under S 51.53(b). Particulars of " grand fatbe-ing." the part 50 license. Response. No change was made to Additionally, several commenters Comment. Many commenters did not this acction because the non-power requested additional financial guidance, see the need for an environmental reactor facilities are still required to through a regulatory guide, on the review at the license termination stage, submit a decommissioning plan. For development and use of the and one suggested that it be considered non-power reactors, the current rule decommissioning trust fund. a categorical exclusion. Another remains essentially unchanged and Response. The NRC intends to issue commenter stated that if there were to requires submittal of a decommissioning regulatory guidance on the initial phase be an environmental review, its scope plan that is approved through license of decommissioning. Guidance on the should be restricted to whether the amendment. The non-power reactor standard format and content of the licensee's controls and triethods for licensee must also submit an PSDAR will be issued after the final rule mitigation of radiation will meet the appropriate supplemental is published. Other guidance on the standards adopted in S 20.1405 of the environmental report and the NRC must license termination phase is also being proposed residual radiation criteria rula. do an EA as part of the developed. Response. At the limnse termination decommissioning plan approval issue !J--Elimination of the Possession.only License Amendment stage, an environmental assessment or process. irnpact statement will be required when Comment. Most of the commenters (POLA). the licensa is amended. Following who were not in favor of the rule Comment Generally, commenters in resolution of another ongoing NRC supported the license termination phase favor of the rule agreed with eliminating rulemaking activity that is considering requirements but believe that these the POLA. Objections to POLA adoption of radiological release criteria, requirements were not timely and elimination from other commenters a categorical exclusica may be adopted should be implemented in some manner were that distinct categories between that would eliminate thetequirement at the initiation phase of reactor operation and cessation of for an environmental assenstnent or decommissicning. " operation should be maintained and irnpact analysis, except in the case of a Response. Dunng the initial phase of that eliminating the POLA process restricted ngase of a site, decommissioning, the requirements in would eliminate a hearing opportunity Comment. A few comments addressed the final rule are designed to provide prior to reactor decommissioning. proposed changes to S 51.53 concerning oversight commensurate with the level Reflecting the views of many requirements for environmental irnpact of safety conarna experienced in commenters against POLA elimination, considerations.One mmmenter stated decommissioning, while providing a State commenter said that by deleting t

l l t Federal Register / Vol. 6t, No.146 / Monday, July 29, 1996 / Rules and Regula 39291 i the POI.A the NRC would eliminate the immediately dismantle, except for an approved plan. the plan will amendment process that expressly extenuating circumstanms, and am not mnsidered as the PSDAR submittal provides for State consultation permitted a storage period (because and the licensee will be required to ($ 50.91(b)) and that no subpart G 'here is no si;;nificant health, safety or perform decommissioning in hearing process would occur that would environmental reason for delay-see conformance with these final rule allow for discoverv by parties to the FGEIS. NUREG 0586).5 requirements. liowever, for power nroceeding and provide a nechanism Issue n "Grandfathering" reactor licensees who are involved in for intervention. The State commenter Considerations. subpart G heanngs of to CFR part 2. held that the proposed rule delays the Comment. Here were several conversion to the new rule will not be need for amendment to the licen'se commenters who were concerned that permitted until the hearing process is termination stage when it is too late; it tbc proposed rule did not significantly completed. The public meeting and 90-is needed before major address nor provide necessary gunf ance day hold cn decommissioning activities decommissioning activities are for "grandfat hering" issues. Specific required in $ 50.82(a) (4)(ii) and (5) will undertaken. Moreover, at the license comments in this area were that not apply. Those licensees will be termination stage, only a subpart L recognition should be given to those subject to any orders arising from these hearing is proposed (no discovery). lants whose decommissioning plans subpart G hearings, absent any orders Finally, a few commenters asked why ave been a proved on a case-by case from the Commission. non-power reactors, which sie less basis; that i existing facilities are For nuclear power reactor facility 4 hazardous facilities (smaller and less grandfathered from an art of the liansees whose licenses have been contaminated). can still request a POI.A Pmposed rule,it shou learly identify modified, before the effective date of and still uire decommissioning plan this: that the pmposed rule does not this rule, to allow session but not approval w ile power reactors no icoger adequately implement the operation of the fa ility, the have this option or requimment. grandfathering option because the certifications requirod in $ 50.82(a)(1) current $ 50.82 would disappear from will be considered to have been ResI>onse. If fuel is removed from the the o o a,nd no explicit provisions submitted. licensed part 50 facility, the activities st to rely on. lt is suggested With regard to extending current iule undertalen during d com.missioning are NRC kee the old provision as requiremenu for "grandfathering" more like the Linds of activities n appli ble alternative and; considerations, no current rule undertaken at a typical materials facility tnm grandfather!r;;, an requirements need be retained because where the subpart L. process applies. im lementation nrovision should be the "grandfathering" provision in the i The final rule reqmres that certain ad ed m the rule'in a fashion similar to proposed rule has been eliminated in procedures be satisfied before a licensee $ 20.1008. Several commenters also the final rule. The final rule covers can perform major decommissioning noted that guidanos needs to be given to conversion from the existing activities. These procedures include those licensees who are in various requirements for approval of a i requiring a PSDAR submittal, aspects of decommissioning based on submitted or approved conducting a public meeting. and the current rule requirements and wish decommissioning plan, as described allowing a specified time period for to switch to the pmposed rule above, and is specific to existing ) NRC review of the licensee's intended reouirements. licensee decommissioning plan actions. Other final rule rvquirements hesponse. ne Commiss:on has situations. prohibit the licensee from performing reconsidered the Issee of Issue 15-Miscellaneous Comments. any major decommissioning activity "grandfathering" and modified the Comment. Several commenters stated that could result in significant language in the final rule to provide that the backfit rule, $ 50.109, should environmental impacts not previously more specific guidance fcr nuclear apply to decommissioning because a reviewed or foreclose the release of the power reactor licensees whose facilities proper reading of the intent of that rule site for unrestricted use. Written are currently at artain stages of should cover rulemaking dealing with notification to the NRC is required for decommissioning, na Commission has decommissioning. Otherwiss, additional licensee decommissioning activities that decided to eliminate the provision in requirements could be imposed without are inconsistent with those described in the proposed rule that would give those a benefit cost analysis. the PSDAR, including significant licensees that have an NRC spproved Response. The Commission has changes in decommissioning costs. deco nrnissioning plan, before the date concluded that the provisions addressed Finally, the fmal rule extends certain when a final rule became efTective, the in this rulemaking do not involve a regulatory requirements to option of either cornplying with the backfit because they addnsa only decommissioning. Thus, limnsee final rule requimments or continuin reactors that have permanently ceased activities that would require approval with the requirements of the curren operations and $ 50.109 only applies to under a POLA are no longer ne ssary. existing rule. All limnsees will be design, construction and operation of a i The affected State (s) will be notified required to comply with the facility. These regulations are primarily about the public information meeting as decommissioning procedures specified procedural in nature and, to the extent well as consulted on the licensee's in the provisions of the final rule, when they addmss nonprocedural matters, planned decommissioning activities by it becomes effective. He final rule they are a codification of existmg the NRC pnor to the public meeting. addresses the process for converting process. The final rule requires that a copy of the from the existing rule requirements to Comment. A few commenters noted PSDAR and any written notification of those in the final rule for those nuclear that the regulatory analysis for the inconsistent PSDAR activities be sent to power reactor licensees whose facilities proposed rule did not evaluate the the affected State (s). In response to the are already at certain stages of alternatives to the proposed new comment concerning why non-power decommissioning. regulatory requi'rements and existing reactors are still given the option of For power reactor licensees who, ruquirements do not require a license submitting a POLA and still require a tefore the effective date of this final termination plan or a license decommissioning plan,it is noted that rule, either submitted a amendment to approve a license j such reactors are required to decommissioning plan for approval or termination plan The regulatory

l I 39292 F;d:rd Register / Vol 61, No.146 / Monday, July 29, 1996 / Rules end Reguhtions analysis does not accomplish the storage of the reactor facility to be Resolution of Comments on the Droft objective of ensuring that all regulatory longer than 60 years and does the 60-Pohey Statement burdens are needed, justified, and year completion date for On February 3,1994 (59 FR 5216), the

mirumal, decommissioning spec:fied in the NRC ublished in the federal Register Response. The regulatory analysis did current rule constoer stor-de of fuel in 8 dr8k oiicy statement and P

evaluate the alternatives to the proposed an ISFSt. One commemer stressed that 8CC rnPanying criteria relating to power new regulatory requirements.The spent fuel should not be separated from "8 license termination plan is not a new any of the phases of decommissioning $'t f a ds b f r N PPr v I lf requirement because, under the existing because this is a piecemeal approach j " 8 E " *' rule, licensees are required to submit a and inappropriate. Another commenter PmPosed rulemaking to amend the proposed decommissioning plan for stated that the licensee should be 'P ( "8 a proval within 2 years of permanent required to maintain capability to f60[R 2 0 J Y 20' 9951 od d s utdown. Currently, licensees who handle the fuel for dry cask storage.. Position embodied in the draft policy plan to delay decommissioning by Response. The primary considerations statement. Based on the NRC's riod of storage must including a 7 decommissioning plan for f the pro osed rule were procedural, resolution of comments on the proposed submit a fina with emp iasis on the issue of premature rule and incorporated into this final approval before starting closure. Other aspects of the existin8 rule, the criteria in the draft policy decommissioning. Current NRC policy rule wem unchanged. A 6& year period statement have been modified. No final is to approve the decommissioning plan f r C mP etion of decommissioning is policy statement will be issued. Other l by ifcense amendment. Because the still imposed, subject to other changes in the final rule pertaining to proposed rule would pennit the licensee c naiderations delmented in tNe. current licensee use of decommissioning trust use of the $ 50.59 process to perform rule requirements. The existing rule, as funds were discussed earlier in the major dismantlement activities. the well as the proposed n le, consider the section on Response to Comments. license termination plan is less complex st rage and maintenance of spent fuel as The NRC received comments on the than a decommissioning plan and an Operational consideration and draft policy statement from the covers the remainder of activities following individuals or organizations: fr Vid8 separate part 50 requirementsr this purposo. Regarding mamtaining

1. Michigan Department of Commerce requiring completion to terminate the license, other than disman'lement the capability to handle the fuel for dry 2 citizens A' areness Network activities. The changes adopted in the rulemaking primarily provide additional cas,k storage. these mquirements are

3. Mary P. Sinclair

, j maintained in 10 CFR part 72.

4. Detroit Edison Company flexibility to licensees that reduces Comment. Several commenters noted

5. Committee for a Safe Energy Future burden without redudng safety by allowing licensees to undertake the that the requirements of this proposed

6. Jon Block majority of decommissioning activities rule and the proposed residual

7. Nuclear Energy Institute without first obtaining NRC approval.

radiological criteria rule should be

8. Yankee Atomic Electric Company Comment. Several commenters coordinated to avoid redundancy.

9. Virginia Power Company wanted the option of entombment to be Response. The two rules will be

10. New England Coalition on Nuclear Pollution allowed because restricted release will coordinated.

it. Winst n & Strawn be allowed when the residual radiation Comment. A few commenters noted

12. Consolidated Edison Company criteria rule is final. Aside fmm the that a complete site characterization di'llculty of disposal, the money not shuuld be included at the fritiation of

13. Maryland Depa*tment of the i

Envimnment spent on LLW burial is substantial The decommissioning activities and that it TU Electric Company interest on this money would be more mandatory site radiological surveys The public interest group, individual than adequate to provide for the should be required before issuing a new c mmenters, and or,e State oppose maintenance and surveillanm required tjanse to establish background allowing any withdrawals from for the entombment option. De public, conditions. decommissioning trust funds.before the j includin local communities, may be Response. These considerations are , NRC approves a licensee a interest in not transporting waste being addressed durin8 finalization of rocedure that decommissioning plan, a fnued. The across state boundaries and in keep. g the residual radiological criteria rule. m this final rule has discont funds that would otherwise be spent on Comment. Finally, several other commenters generally supported disposal within the community commenters requested that the NRC the draft policy statement, although they Response, ne issue of entombment was not addressed in this rule. De NRC consider the impacts of the pmposed disagreed with certain provisions or position on entombment is the same as " safeguards for nuclear fuel or high took issue with the need for it. Specific in the current rule. Entombment would level radioactive waste" rule (60 FR comments and observations, and the only be permitted for very special 42079: August 15,1995)(which affects NRC analysis of and response to them, circumstances but would involve a Parts 60,72,73, and 75) on this rule are discussed below. continued license on a case-by-case when that proposed rule is issued in final form. @p hmenu basis. The concept of restricted release included in the proposed rule on Response. This rule is primarily Comment 1. The trust agreements may residual radiation criteria would involve directed toward the procedural need to be modified to include low-level termination of the license with requirements necessafffor power redioactive weste storage and disposal restrictions in place to limit the use of reactor decommissionings. Herefore, (LLW) and interim spent fuel storage as the facility by the public, but certain the requirements imposed by this rule allowable decommissioning costs when radiological criteria for restricted release can be treated independently fmm the these costs are incurred as part of would have to be met. other " safeguards" rule under additional, temporary facilities at j Comment. Severalindividual development. nat rule, when final, particular sites. LLW disposal costs, in commenters wanted to know whether may modify some of the technical particular, should be able to be paid NRC rules allow the optional period of requirements imposed by this final rule, from the decommissioning waste fund 2

.g Federal Register / Vol. 61. No.146 / Monday, July 29, 1996 / Rules and Regulations 39293 without waiting 60 days for NRC Response. This final rule addresses Response. De NRC agrees with this approval. Provisions should be included the prowse that licensees am to use for recommendation and has changed this [ for decommissioning nonradioactive post-shutdown decon.enissioning final rule accordingly. structures associated with the reactor activities, as wou as the limits on the Comment 5. Two commenters (Commenters 1 and 4). e nounts to be withdrawn from disagree with a statement in the draft Response. The policy statement and decommissioning trust funds. policy statement. "If a licensee of a pennane, ti,y shut down facility spends this rule were not intended io address fly permitting a licensee to perform n this issue. This issue is bei..g addressed certain decommissioni ig activities and decommissionmg trus* funds on separately (see SECY 95-223; September to withdraw funds for those activities legitimate de ommissioning activities. t.19951. As provided in to CFR 50.75. through use of the PSDAR submittal the timing of these expenditures. mther before or offer NRC approves a financial assurance for process required in the final rule will hansee s decommissioning plan, decommissioning inc!udes the cost of allow the licensee to reduce its overall should not adversely affect public disposal of LLW associated with reactor decommissioning costs by takinficactive health and safety, provided adequate decommissioning. If a temporary facility advantage of lower low-level ra funds are mamtained to restore the is built to store LLW under the Part 50 waste disposal costs. His will benet'.t facuhy to a safe storage conngurauon in reactor license, the trust agreement the licensee and its rate yers without should havo been structured to include adversely affecting publ health and mee decommissioning acti,vities are intermpted unexpectedly' (Commenter these costs. Although the NRC safet7' 7's emphasis). The commenters state definition of decommissioning excibe Comment J. De NRC should develop that maintaining a viable SAFSTOR interim storage of spent reactor fuel, a $ shnHar oficy for operating plants and option beyond plan approval should not licensee is required to provide for the should at ow bcensees to withdraw be required for cases where another cost ofinterim spent fuel storage under decommissioning trust fimds to dispose option has been approved by fC.C to CFR 50.54(bb). f st ctures and equipment no longer (Commenters 7 and M. With respect to the issue of waiving bem.g used for operating plants ne draft policy statement mi uses the 60-day NRC approval period for I withdraw'als to pay for LLW shipments, mmenten 7,8 % mfemnm), and die term "SAFS'IDR" to mean 14). maintenam+ of a site in a safe storage this final rule elim. mates the procedure to which this comment referred. Footnote 2 of the policy statement condition prior to receipt of Comment 2. The NRC should not should be revised to clarify that the Dommmissioning Plan approval and olicy statement does not apply "to mmmencement of decommissioning ficensee withdrawals from rather than a specific decommissioning allow decommissioning trust fund withdrawals before an environmental assessment is performed while the decommissioning funds for operating alternative delined in NRC regulations P ants" rather than stating that the (Commenters 11 and 14). l reactor licensee has a possession-only license because:(t)It will allow larg,. p licy statement does not apply "to Response. Commenter 7 has, statement. First. tlu, intent of this misinterpreted the scale decommissioning activities Iscensees with operating nuclear ofthe licy without a resident NRC inspector on. reactors" (Commenter II). a men was a make e pomt site during the removal ef irradiated Res nse. The NRC has concluded components;(2)it is inconsistent with that a lowing decommissmning trust y e Pe the mandate of the NRC, which is 'u fund withdrawais for disposals by deconunissioning activities normally viewed as necessary would not be im lement a submitted, reviewed' nuclear power plants that continue to detrimental to public health and safety, p licly evaluated, and approved operate is not warranted. name n twithstanding the timing of these decommissioning plan before large-scale activities are more appmpriately expenditures, unless they were large decommissioning activities begin; (3) considered operating activities and enough to prevent the limnsee from health and safety of the workers and the should be finanmd in that way. $n r!ti n ed m is onfng public can not he adequately served by Footnote 2 is not included in this the esperimental process of the final rule. proqess were to go swry. This is not the component removal process, and (4) Comment 4. The policy statement same as requiring a licensee to switch eusting NRC regulations state that a may become obsolete if the NRC adopts from DFXDN (immediate licensee may only conduct limited a new definition of decommissioning as dismantlernent) to SAFS~IDR after the l activities pnor to approval of the proposed on February 2,1994 (59 FR NRC has approved the licensee's decommissioning plan (e g., 4868). This definition states, decoramissioning plan. decontammatmn, minor component " Decommissioning means to remove a This final rule modifies use of the i disassembly, shipmerit and storage of facility or site safely from service and abcve-referenced criterion for i spent fud). Reasonable interpretation of reduce residual radioactivity to a level decommissioning trust fund i the rules does not require expansion of that permits use of the property for withdrawals. Ilowever, the rule'conects 10 CF R 50.59 and/or activities permitted unrestricted use ano termination of the any references to SAFSTOR when it i under hcense (Commenters 2,3,5,6 license, or (2) release of the property means to address the general ability of l under restricted conditions and a limnsee to return its reactor to safe l There could be insufficient financial termination of the license." To avoid storage while awaiting further i resoun es remaining to dec ommission obsolt scena of the policy statement as decommissioning. Nut leur Power Plants thus, creating a a result of changes in the definition of Conunent 6. Criterion 4 is redundant i potential burden on the State and, senous decommissioning, the commenters of tha other enteria (Commenters 7 and imodirment of radioactive material licensee's 1 recommend replacing all references to 8). At a minimum, the statement should '""mP ete dec mmissioning Most release of the site for unrestricted use indicate that items (c) and (d) of l p na nera ly a with " decommissioning of the site criterion 4 do not require NRC approval by the NRC to already be severely consistent with the definition in S 50.2" before a licensee undertakes the l'NDERFUNDED This rule would exenrtete (Commenters 7,8 (by reference), and proposed activities (Commenter 8). that situation (Commenter 13). 11). Redundancies ( an be eliminated by

1 39294 Federcl RGgister / Vol 61, No.146 / Monday, July 29, 1996 / Rules and Regulations i factoring the first three criteria into as permanently shut down plants. keeping the NRC and public informed of criterion 4. liowever, issuance of the Permission from the NRC to use these the licensee's planned decommissioning policy statement based on criterion 4 (or funds in de minimis arnounts is activities. The intent of the regulations ~ the other criteria) is premature in that unnecessary as long as the amount and is to require licensees to maintain the l the NRC is currently considering more purpose of the withdrawalis entire amount of funds needed for definitive guidance on acceptable pre-documented. decommissioning in a specified plan approval decommissioning With respect to Commenter 13's assurance mechanism until the funds activities (Commenter 11). concems, the NRC has specified a are used for their intended Response. The NRC agrees that some maximum limit for de minimis decommissioning activities. confusion may have arisen by including withdrawals. If a licensee were to The PSDAR is closely tied to a criterion 4 in the policy statement. The exceed this limit or use funds for non, licensee's provision of assurance to fund NHC ircluded this criterion to provide decommissioning purposca, it would be the decommissioning activities j guidance on the allowed subject to NRC enforcement action. adequately. Without any NRC criteria decornmissioning activities as opposed umment u. "* *

• The NRC has for expenditures before the PSDAR to the use of decommissioning trust neither articulated the reasons why this submittal process is completed, the funds for those activities. Criterion 4 is detailed level of oversight (discussed in decommissioning trust fund could a quote from Commission guidance in the policy statement)is needed, nor has become a shell and thus defeat tha j

the SRM of January 14,1993,and,to the NRC provided specific examples of purpose of NRC decommissioning some degree, overlaps the other criteria Potential waste and rnisuse of funds that funding assurance regulations. Because of the policy statement. The NRC has would warrant their proposed oversight of the safety implications ofinadequate removed criterion 4 as a separate

• *
• Absent an appropriate decommissioning funds, the NRC criterion in this final rule.

justification for the implementation of believes it has responsibility for Comment 7. The " ancillary issue" in this policy statement. *

• Ethis policy specifying withdrawal rates, the draft policy statement should be statement represents regulation without notwithstanding the reviews that rate expanded to include a number or beneSt (and that NY concems regulators rnay perform.

expenses that are paid out of expressed in the policy statementi are Comment 9. Trust fund withdrawals decommissioning trusts by operating not tangible for decommissioning." should also be permitted for early plants well in advance of licensoo Thus, the policy statement should not decommissioning-related activities that, preparation and submission of the be issued (Commenter 9). although not themselves directly i decommissioning plar,. Nese expent.es Also,"the draft policy statement reducing radioactivity at the site, will l include, but are not limited to, trust Pmvides no basis for the NRC's significantly facilitate such activities fees. investment manager fees, income mnclusion that prior NRC myiew of when they subsequently occur taxes, and periodic site-specific studies au-8PProval decomrnissioning (Commenters 11 and 12). expenditures should be required." Response. In this final rule, i n (Commenters 7,8 (by reference),11, and g; The draft policy statement may satisfy withdrawals for planning activities are the Commission's directive to the NRC allowed before completion of the The oficy statement should in revise to state specifically that if a staff to develop a pobey without PSDAR process, i licensee determines that it meets the including an approval mechanism Comment 20. The NRC should clarify criteria for de minimis withdrawals, it (Commenter 11). fwenote 2 to indicate that it applies to q The draft policy statement is not clear licensees.of multi-unit sites. "So long as need not request permission from the NRC to use these funds (Commenter 8). as to ee,purpuse of the NRC review of usage of trrst withdrawals is decommissioning expenditures before identifiab!e with the shut down reactor

• *
• The section dealing with 'de deco.nmissioning plan approval. The and does not diminish decontamination minimis' withdrawals for developing th*

only reason for the review, given in the funding subsequently available for ,,Q"d','i {",*pg***,",8',{ statement of policy,is te ensure the reactors which are continuing to d* health and safety of the g(neral public. operate, there is no reason why multi-funds. These withdrawals r2ay seem to be a minor portion of funds allmated for There are other regulatory mechamsms reactor licem,ees should be treatea decommissioning, but it stara a process that for evaluating the activity for which the differently than single-reactor licensees would allow utilities to tap thece funds,if funds are withdrawn without reviewing for purposes of this policy statement" they can fit activities into the denmtion of the actual withdrawal from the fund. (Commenter 12). decommissioning or simply rwausst to use

• Ihe expenditure of decommissioning Response. The NRC agrees with this these funds for other purposes * *
• Other trust funds for legitimate statement. flowever, footnote 2 is not uses are unacceptable, even if ther ar*

decommissioning activities is an included in this final rule. subject to prior regulator approval economic and not a safety concern Comment i1. "If the NRC believes """*"

• I N (Commenter 14).

th.at NRC review and approval of pre-Response. The intent of '. tie ancillary Response. Although the NRC did not plan-approval decommissioning issue was to allow de minunis include specific examples of waste and expenditures is necessary, it should act withdrawals from decommissioning misuse of funds in the policy statement, through rulemaking rather than policy trust funds of up to SS million for as with any industrial process, costly

• *
• Since prior NRC review of decommissioning-related administrative mistakes can conceivably occur in decommissioning fund withdrawals is and other expenses without prior NRC decommicioning. The NRC also not currently required, if the NRC consent notwithstanding the operating disagrees that codifying wishes to impose such a requirement, it status of the plant. The final rule has decommissioning trust fund should initiate rulemaking to revise its changed this withdrawal amount to up withdrawals represents regulation decommissioning regulations Io 3 percent of the generic amount without benefit. The NRC has accordingly" (Commenter 11).

specified in 6 50.75(c). This withdrawal specifically promulgated Response. This final rule codifies amount is for purposes of planning for decommissioning requirements in to criteria for decommissioning trust fund decommissioning (paper studies) and CFR 50.82 that include licensee pSDAR withdrawals. Thus, this commenter's pertains to licensees of operating as well submittel process that is intended for concerns have been addressed. o

l } Federal Register / Vol. 61. No.146 / Monday, July 29, 1996 / Rules and Regulations 39295 Comment 12. 'The ' tacit consent

• to maintain the status quo' could be decommissioning activities that would approach for teviewing licensee construed inappropriately to require.

result in there no longer being expenditure plans is inappropriate" and that limnases include funding for that reasonable assurance that adequate unsupported by the reasons the NRC purpose in tbeir decomm!ssioning funds funds will be available to complete stated for its policy. By expressly

• *
• If this criterion is retained the decommissioning. In addition, the final preserving the possibility that it would language regarding provisions for this rule requires in S 50.82(a)(7) that take action to prevent a fund contingency should be deleted from the changes from those specified in the withdrawal, the NRC blurs its asserted policy statement"(Commenter 11).

PSDAR that would result in distinction between review and Response. This terminology has been significantly increasing approval. Also,it is not clear that " tacit eliminated in this final rule. decommissioning costs require written consent" and " approval" are legally Comment 15. "It does not seem notification to the NRC. The fourth distinguishable for purposes of necessary that NRC approve requests for 'equirement that the terms of the the ' withdrawal of decommissioning existing license not be violated was determining whetber the NRC is engaged in a "liansing action" that funds for early equipment removal, eliminated. The requirement to considar could involve public participation and prior to approval of the utilitiesl*] environmental impact in the PSDAR, environmental review (Commenter 11). decommissioning plans. nis does not S 50.82(a)(4) was modified to explicitly Response. The NRC does not use seem in concert with the intent of the require the reasons for concluding that " tacit consent"in this final rule. Thus. sample statement under packground any environmental impacts will be the concerns expressed in this comment " *

• the fund trustee should only bounded by existing analysis, should be assuaged, release funds upon certification that (4) Section 50.71. Section 50.71(e)(4)

Comment 1J. Criterion 1 * *

• decommissioning is proceeding was revised to permit nuclear power should be revised to eliminate the pursuant to an NRC-approved plan'"

reactor licensees that have submitted provision that withdrawals must be for (Commenter 13). the certifications required under activities 'that would necessarily occur Response. This final rule does not S 50.82(a)(1) to update the FSAR every 24-months. under most reasonable continue the languap*in question. decommissioning scenarios."' This Comment 16. ' This ruling may (5) Sections 50.82(a)(4)(1) and (6). We phrase adds nothing to the preceding be judged as an item of Cncipatibility licensee is required to send a copy of provision that the withdrawal must be (for Agreement States). Because the PSDAR and written notification of for " legitimate decommissioning Maryland regulations policies, etc., are departure from the PSDAR to the NRC activities." Decause licensees may face e2Pected to closely follow Federal rules and affected State (s). decommissioning expenditures for and procedures, we would be formd to (6) Section 50.82(a)(8)(li). The phrase activities that are within the NRC's adopt and allow our licensees to use the "being permitted to use" was removed definition of decommissioninF but same principle"(Commenter 13). from this section to avoid any incorrect nonetheless unique to their plant (s), the Response. De NRC does not believe interpretation that the NRC must that this is an issue of State explicitly approve decommissioning proposed provision is inappropriately restrictive (Commenter 11). compatibility because this final rule fundin8 expenditures. only applies to power reactor licensees, (7) Section 50.82. Specifies that once eIr which are exclusively NRC licensees. the rule is effective, all power reactor i th van sto licensees snust comply with it. Power t>u prevent activitica that preclude release of the Summary of Changes in the FinalRule reactor licensees that possess an site fur (un) restricted use or are not in Based on the response to comments, approved plan as well as licensees that support of decommissioning efforts it should a few changes were made in the final applied for plan approval before the, rule require review of the activity itself thmugh any of the other available mechanisms such rule. Otherwise, the final rule , took effed would have the plan as 10 CFR So 59 or special rulemaking * *

• provisions are the same as those considered a PSDAR submittal, and The basic premise is that in the event that presented in the " background" section limnsees would be permitted to perform there are circumstances or cond,itions which under the section titled proposed decommissioning activities in amendments. Specific changes made to eccordance with 5 50.82. liowever, for om on effort t r wI unds the proposed rule in the final rule are power reactor limnsees who are svailable to place the plant in a storage summarized as follows:

involved in subpart C hearings of to condition untd the event or circumstana is (1) Section 50.2. The definition of CFR part 2, conversion to the new rule resolved Thus, as long as the value of the " major radioactive components" has will not be permitted until the hearing fand does not fall telow the regulatory required amount in effect at the time of the been clarified. prowss is completed and those request the withdrawal should be allowed. (2) Section 50.36a(s)(1). He licensees will be subject to any orders Thus. the only requirement should be that amendment has been changed to arising from those hearings absent any the utthty docurnent that [ thel activity was a exclude systems that am no longer orders imm the Commission. legitimate decommissioning activity and the necessary for compliance. (8) Section 50.82(a)(1)(iii). Specifies expenditure was reasonable (Commenter 141-(3) Section 50.59. Proposed 6 50.59(e) that once the rule is effective, power Response. The NRC did not mean to was eliminated. However, three of the reactor licensees whose licenses have imply that decommissioning activities proposed rule requirements contained been modified, befom the effective date unique to one site would not be eligible m $ 50.59(e) were moved to S 50.82(a) of this rule, to possess but not operate for early trust fund withdrawals. (6) and (7). Placin8 these requirements the facility, will be considered to have liowever, because we agree that the in 5 50.82 as overall constramts, rather submitted the certifications required in phrase. " legitimate decommissioning than specific requirements for each 5 50.82(a)(1). activities." is sufficient, the NRC has 5 50.59 activity, required modification (9) To improve clarity, the first elin.inated the phrase from this final of the constraint that the sentenm in 9 2.1205(d)(1) has been rule. decommissioning activities not result in rewritten from that proposed to that I Comment it "* *

• The explicit significantly increasing found in the existing regulation.

char.u.terizatmn as a decommissioning decommissinning costs. Thus, the final (10) To improve clanty and maintain 'mntingency' of the fundmg 'necessary rule (5 50 82(a)(6)(iii)) prohibits parallelism of rt quirements, the last

1 p 39296 Feder"I Register / Vel, 61, No.146 / Monday, July 29, 1996 / Rules and Regulations f sentence of 5 51.53(b) has been rewritten existing data sources,' gathering and Small Business Regulatory Enforcement I from that found in the proposed rule to maintaining the data needed and Fairness Act correspond with the language found in completing and reviewing the collection In accordance with the Small S 51.95(b) of the proposed (and existing) of information. Send comments on any Business Regulatory Enforcement rule. aspect of this collection ofinformation. Faimess Act of 1996, the NRC has (11) To improve clarity, including suggestions for further determined that this action is not a j $ 50.82(a)(9)(ii) (B) and (F) have been reducing this burden, to the information major rule and has verified this rewrinen. and Records Management Brarkh (T-6 determination with the Office of i F33), U.S. Nuclear Regulatory information and Regulatory Affairs, finding of No Significant f EnvironmentalImpact: Availability Commission, Washington, DC,20555-OMB 0001, or by internet electronic mail t Backfit Analysis The Commission has determined DJSIGNRC. GOV; and to the Desk The Commission has determmed that under the National Environmental Officer Office ofInformation and the backfit rule,10 CFR 50.109, does not Policy Act of 1969, as amended, and the Regulatory Affairs NEOD-10202, apply to these final amendments, and Commission's regulations in subpart A (3150-0011), Office of Management i ad thefore, a backfit analysis has not been of to CFR Part 51, that this rule,if adopted, would not be a major Federal Budget, Washington, DC 20503.

• "N Public Protection Notification ac i r so 0

0109 is the h m iron t limited to constructmn and operation of therefore, an environmental im act The NRC may not conduct or s nsor statement is not required. The i nel rule and a person is not required to ses ond onl p y to re cton a h ve clarifies current decommissionin8 to, a collection of information unless it permanently ceased operations and, as dl8P ys a currently valid OMB control such, would not constitute backfits i 10 C R Part 50 an p sent a um T-under to CFR 50.109. efficient, uniform, and understandable process. The Commission has analyred Regulatory Analysis List of Subjects the maior environmental impacts The NRC has prepored a mgulatory la CFR Port J associated with decommissioning in the analysis for this fi tal rule.The analysis Administrative practice and Generic Environmental Impact qualitatively examinea the costs and pr vouw, Antitrust, Byproduct Statement (GE1S) NUREG-0586, August benefits of the alternatives considered material, Classified information, 1988.8 published in conjunction with by the NRC. In the response to Environmental protection, Nuclear the Commission's final comments, the NRC concluded that only materials, Nuclear power plants and decommissioning rule (53 FR 24038; some minor changes to the draft reactors, Penalties, Sex discrimination, Insofar as this rule would allow major regulatory analysis wem necessary, Sourm material, Special nuclear June 27,1988l. decommissioning (dismantlement) to cormsponding to some minor material. Waste treatment and disposal. proceed without an environmental procedural changes in the final rule. 10 CFR PorMO assessment, the environmental impacts The regulatory analysis is available for Antitrust, Classified information, j of this rule are within the scope of the inspection in the NRC Public Document prior GEIS. The environmental Room. 2120 L Street NW. (Lower Level), Criminal penalties Fire protection. Intergovemmental relations Nuclear assessment for the final rule and finding Wasbington. DC 20555-0001. Sir:gle Power plants and mctors. Radiation of no significant impact on which this copies of the analysis may be obtained Protection, Reactor siting criteria, determination is based are available for from Dr. Carl Feldman, Office of Reporting and reconikeeping inspection and photocopf ng for a fee at Nuclear Regulatory Research, U.S. i mquirements. the NRC Public Document Room,2120 Nuclear Regulatory Comraission, L Street NW. (Lower level), Washington, DC 20555-0001, telephone 10 CFR Port 51 Washington, DC. Single copies of the (301)415-6194. Administrative practice and i Procedure Environmentalimpact Regulatory Flexibility Certification statement, Nuclear materials, Nuclear nding fn si act a e available from Carl Feldman U.S-In accordance with the Regulatory power plants and reactors, Reporting [ea l' b" M e Flexibility Act of 1980 (5 U.S.C. 605(b)), and recordkeeping requirements. i the Commission certifies that this rule For reasons set out in the preamble gn o 6194. will not have a significant economic and under the authority of the Atomic Paperwork Reduction Act Statement impact on a substantial number of small Energy Act of 1954, as amended, the entitles. The final rule modifies Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, the This final rule ameads information mquimments for timely collection requirements that are subject decommissioning of nuclear power NRC is adopting the following amendments to 10 CFR parts 2,50, and to the Paperwork Reduction Act of 1995 P ants. The companies that own these l (44 U.S.C. 3501 et seq.). nese plants do not fall within the scope of the 51. requirements were approved by the definition of small entities as given in PART 2-RULES OF PRACTICE FOR Office of Management and Budget, the Regulatory Flexibility Act or the DOMESTIC LICENSING PROCEEDINGS approval number 3150-0011. Small Business Size Standards AND ISSUANCE OF ORDERS , Decause the rule will miax existing information collection requirements, the promulgated in regulations issued by the Small Business Administration (13 L The authority citation for part 2 public burden for this collection of information is expected to be dm.reased CFR Part 121). His discussion continues to read as follows: by 12,202 hours per licensee. This constitutes the analysis for the Authority: Secs. 161.181,68 Stat. 948. reduction includes the time required for regclatory ikutibility certification 953, as amended (42 (J.S C 2201,2231h sec. 191, as amended Pub. L. 87-615. 76 stat. 409 reviewing instructions, searching requirement. 1

ma } } ] Federal Register / Vol. 61, No.146 / Mond8y, July 29,1996 / Rules and Regulations 39297 (42 U.S.C 7241); sec. 201. 88 Stat.1242, as or offered for filing are sorved in should be permitted a hearing..with amended (42 U.S.C 5841): 5 U.S.C 552. accordance with $ 2.: 17. particular reference to the factors set out Section 2.101 also issued under secs. 53, g

4. Section 2.1205 peregraphs (c) in paragraph (h) of this section:

62. 63. 81.103,164,105. 68 Stat. 930. 932, through (n) are redesignated as 933,935,936. 937,938, as amended (4 2 U.S C 2073. 2092. 2093. 2111,2133. 2134, Paragraphs (d) through (o), a new (4) The circumstances establishing 21351 sec.114(f), Pub. L 97-425 % Stat.

Paragraph (clis added, and newly that the request for a hearing is timely 2213 as amended (42 U.S L 10134(f)); sec. designated paragraphs (d), (e)(2), fe)(4). In accordance with paragraph (d) of this Y 102. Pub L 91-190. 83 Stat 853, as arnended the introductory text of paragraph (h), section. (42 U.S C 4132), sec. 301,88 Stat 1248 (42 (i), the introductory text of paragraph (j), U.S C 5871). Sectmns 2.102,2.103.2.104-the introductory text of paragraph (k) "E E 2.105.2 721 also issued under secs. 102,103-(k)(3)' the introductory text of filed under paragraph (d) of this section, 104.105,183.189. 68 Stat. 936. 937,938, paragraphs (!)(1) and (1)(2) are revised to the presiding officer shall determine 954.955.as arnended (42 U.S.C 2132. 2133, read as follows: 2134,2135,2233,2239). Section 2.105 also that the specified areas of concern are issued under Pub. L 97-.415,96 Stat. 2073 $ 2.1205 Request for a hearing; petition for germane to the subject matter of the (42 U.S C 2239). Sections 2.200-2 206 also leave to intervene, pmceeding and that the_ petition is issued under secs.1 stb. I o,1s2,186. 234, timely. The presiding officer also shall ) 68 Stat. 94&-951,955,83 Stat. 444').as (c) For amendments of part 50 determine that the requestor meets the amended (42 U.S C 22o1(b). (1),(o 2236. 2282), sec. 206. 88 Stat.1246 (42 U.S.C licenses under $ 2.1201(a)(3), a notice of judic,ial standards for standing and shall 5846). Sections 2.600-2.606also issued receipt of the application, with consider, among other factors-under sec.102, Pub. L 91-190,83 Stat. 853. reference to the opportunity for a as amended (42 U.S C 4332). Sections hearing under the procedurus set forth (i)If a hearing request filed under 2.70na. 2.719 also issued under 5 U.S.C 554. In this subpart, must be published in the paragraph (b) of this section is granted. Sections 2.754, 2.760, 2.770. 2.780, al' Federal Register at least 30 days prior the appl! cant and the NRC start shall be d ","d,5Uh(557 to issuan e of the requted amendment parties to the procneding. If a hearing [".,' 3 g g, ed by the Commission, mques'. I!!ed under paragraph (c) or (d) secs 135.141. Pub. 17-4 43,96 Stat. 2232, 2241(42 U S.C 10155.10161). Section 2.790 (d) A person, other than an applicant, of the sectio. is grar,ted, the requestor also issued shall file a request for a bearing shall oe a party to the proceeding along amended (4!nder sec.103. 68 Stat. 936. as U.S.C 2133) and 5 U.S C 552. within-with the applicant and the NRC staff, if Sectmas 2.800 and 2.808 also issued under (1) Thirty days of the agency's the NRC staff chooses or is ordered to l 5 U.S C 553. Section 2.809 also issued under publication in the Federal Register of a participate as a party in accordance with l

• l 5 U.S.C 553 and sec. 29. Pub. L 85 256,71 notice referring or re:ating to an 5 2.1213.

l Stat. 579. as amended (42 U.S C 2039L application or the licensing edion (j) If a ruquest for hearing is granted Subpart K also issued under sec.189. 68 Stat-requested by an application, which and a notice of the kind described in 955 (42 U.S C 2239), sec.134, Pub. L 97-must include a reference to the paragraph (d)(1) previously has not teen opportunity for a hearing under the published in the Federal Regnater, a a i ed under s a. S at 95 U.S.C 2239). Appendiu A alsoissued under Procedures set forth in this subpart. notice of hearing must be published in sac. 6. Pub. L 91-560. 84 St at 1473 (4 2 With respect to an amendment the Federal Register stating-U.S.C 21351. Appendix B also issued under described in $ 2.1201(a)(3), other than sec.10. Pub L 99-240. 99 Stat.1842 (42 the one to terminate the license, the (k) Any petition for leave to intervene U.S.C 2021b et. seq.l. Commission, prior to issuance of the must be filed within 30 days of the date

2. Section 2.1201, paragraph (a)(3) is requested amendment, will follow the of publication of the notice of hearing.

added to read as follows: procedures in $ 50.91 and 5 50.92(c) to The petition must set forth the the extent necessary to make a information required under paragraph $ 2.120t Scope of subpart-determination on whether the (e) of this section. (a) * *

• amendment involves a significant (3) The amendment of a Part 50 hazards consideration. If the.

(3) Thereafter, the tition for leave to license following permanent removal of Commission finds there kre significant intervene must be tu ed upon by the fuel from the Part 50 facility to an haz.ards considerations involved in the presiding officer, taking into account the authonwd facility for licensees that rquested amendment, the amendment matters set forth in paragraph (b) of this have previously made declarations will not be issued until any hearings section. related to permanent cessation of under this paragraph are completed. operations and permanent removal of (2)If a Federal Register notice is not (t)(1) A request for a hearing or a ublished in accordance with paragraph J fuel from the reactor in accordance with I $ 50 82(a)(1). Subpart L hearings for the fd)(1), the earliest of-Petition for leave to m, tervene found by license termination plan amendment, if (i) Thirty days afbr the requester the presiding officer to be untirnely, conducted. must be completed befom receives actual notim of a pending under paragraph (d) or (k) of this section will be entertained only upon lication, or license termination. aphi) Thirty days after the requester determination by the Commission or the

3. Section 2.1203, aragraph (e)is receives actual notice of an agency Presiding officer that the requestor or revised to read as foi ows; action granting an application in whole Petitioner has established that-or in part, or 52.1203 Docket; ming: seMee-(iii) One hundred and eighty days (2)If the request for a hearing on the after agency action granting an petition for leave to intervene is found I

(e) A request for a hearing or petition application in whole or in part. to be untimely and the requestor or tor lease to intervene must be served m (e) * *

• petitioner fails to establish that it au.ordance with 5 2.712 and S 2.1205(f)

(2) llow the interests may be affected otherwise should be entertained on the and (R). All other documents issued by by the results of the proceeding, paragraph (I)(1) of this section, the the presiding officer or the Commission iricluding the reasons why the requestor request or petition will be treated as a

\\ 39298 Federal Register / Vol. 61, No.146 / M:nday, July 29, 1996 / Rul:s and Regulations petition under $ 2.206 and referred for presentation of a party that requested a 154,68 Stat. 954, as amended (42 U.S.C appropriate disposition. hearing or petitioned for leave to 2234). Appendix F also issued under sec. intervene must describe in detail any 187,68 Stet. 955 (42 U.S.C 2237). j

5. Section 2.1211, paragraph (b) is deficiency or omission in the license

10. Section 50.2, the terms " Certified revised to read as follows:

application, with refere ces to any fuel handler," " Major decommissioning particular section or portion of the activity," " Major radioactive l 2.1211 Participation by a person not a application considered deficient, give a components," " Permanent cessation of Pedy. detailed statement of reasons why any operations," and " Permanent fuel particular sections or portion is removal," are added to read as follows: (b) Within 30 days of an order deficient or why an omission is granting a request for a hearing made material, and describe in detail what S 50.2 Definitions, l under S 2.1205 (b)-(d) or, in insta nces reliefis sought with respect to each Certified fuel handler means. for a f when it is published, within 30 days of deficiency or omission. nuclear power reactor facility, a non. notice of hearing issued under licensed por who has qualified in 8, { 2.1205(j), the representative of the

8. Section 2.1263 is revised to read as accwdence with t fuel handler training interested State, county, municipality, follows program approved by the Commission.

or an agency thereof, may request an opportunity to participate in a 3 2.1263 stays of NRC steff licenMng acasons or of docialona of a presiding proceeding under this subpart. ne ofScor or ttw Commisalon pending hearing mean for a n c ar po r or request for an opportunity to participate O' N'8'*' facil y any a t th suits i" must state with reasonable specificity PP cations for a stay offny decision li diodve A the requestor's areas of concern about or action of the Commissidh, a presiding components, permanently modifies the the licensing activity that is the subject officer, or any action by the NRC staff structure of the containment, or results matter of the proceeding.11pon receipt in issuing a license in accordance with j of a request that is filed in accordance S 2.1205(mlare govemed by 5 2.788, $3p{][y,tajnYn[gSr d 8 ter than class C witT these timo limits and that specifies - the requestor's areas of concern, the except that any request for a stay of staff weste in accordance with 5 61.55 of this licensing action pending completion of presidmg officer shall afford the an adjudication under this subpart must chaPaefE rHic ctive components means, p representative a reamble opportunity be filed at the time a request for a f I facil h to make written and oral presentations hearing or petition to intervene is filed re ctor ve s I an71n mals, ste 4 in accordance with $$ 2.1233 and or within to days of the staff's action, generators, pressurizers, large bore l i 2.1235, without requiring the whichever is later. A request for a stay reactor coolant system piping, and other representative to take a position with of a staff hcensing action must be filed larBe components that are radioactive to respect to the issues. Participants under with the adjudicatory decisionmaker a comparable degme. this subsection may notice an appeal of before which the liansing proceeding is an initial decision in accordance with Permanent cessotion of operation (s) f *"Y **"* "' PART 50-DOMESTIC LICENSING OF means, for a nuclear power reactor 3cy gy, PRODUCTION AND UTILIZATION facility, a certification by a licensee to the NRC that it has permanently ceased ion 21213 is revised to read as FACILITIES Pennanendy mase mactor 4 t*

9. He authority citation for Part 50 Peration(s), or a final legally effective g 2.1213 Rose of the NRC staff, continues to read as follows:

order to permanently cease operation (s) if a hearing request is filed under Anahority: Sons. 102,103,104,105.161, has come into effect. $ 2.1205(b), the NRC staff shall be a 1s2, tsa,1as,1as, sa Stat. 936,937, na, Permanentfuel removal means, for a nuclear Power reactor facility, a party to the roceeding^ If a hearin St$124I'sa$nM42d.Q certification by the licenses t, rhe NRC request is filed under $ 2.1205 (c) or (d), 24 within 10 days of the designation of a 2132.2133,2134.'2135,2201,2232 2233, that it has permanently ren.sved all fuel praaiding officer pursuant to S 2.1207, 2236,2239,2282): sea 201, as amended, assembhes fmm the reactor vessel. the NRC staff shall notify the presiding 202,20s. sa Stat.1242. as amended,1244, officer whether or not the staff desires 1246 (42 U.S.C 5441,5442,5848). Section 50.7 also issued under Pub. L SS-

11. Secticn 50.4, paragraphs (b)(8) and to pasticipate as a party to the 601, uc.10,92 Stat. 2951 [42 R&C 5851).

(b)(9) are added to read as follows: j adjudication. In addition, uP n a - Section 50.1o also issued under secs. t01, determination by the presiding officer 1e5, sa Stat. 955, as amended (42 U.S.C g 50.4 writsen communicssons. that the resolution of any lasue in the 2131,2235); sec.102 Pub. L 91-190, a3 Stat. proceeding would be aided materially 853 (42 U.S.C 4332). Sections 5013. IN,,, by the staff's participation in the 50 54fdd), and sat 03 also issued under sec. (8) Certification ofpermanent 1os, sa Sta. 939, as amended (42 U.S.C 2138). Sections 50.23,50.35,50.55, and 50.5a cessation of operations. The licensee,s j proceeding as a party, the presiding officer may order or permit the NRC also issued under sec.185,68 Stat. 955 (42 cartification of permanent cessation of staff to participate as a party with U.S.C 2235). Sections 50.33a,50.55a and operations, pursuant to S 50.82(a)(1), respect to that particular issue Appendix Q also issued under sec.102, Puh. must state the date on which operations ra8 P (c)is L 91-190, as Stat. s53 (42 U.S.C 4332). have ceased or will mase, and the h

7. Section 2.1233, myW to read u fofows-Sections 5034 sad 50.54 also issued under signed and notarized original must im Sta 24 2

submitted to: The Nuclear Regulatory $2.1233 Westeen i,r - ,w;,,w.e wntten { , qg d 9 sued Commtssion, Document Control Desk, 9" under Pub. L 97-415,98 Stat. 2073 (42 Washington, DC 20555-0001. U.S.C 2239) Baction 50.7s also issued under (9) Certification of permanent fuel (c)In a hearing initiated under sec.122, sa Stat. e39 (42 0.5.C 2152) 5 2.1205(d), the initial written Sections 50.ao-snan also issued under sec, removal. The licensee's certification of N J 4 W W

] t! [ Federal Register / Vol. 61, No.146 / Monday, July 29, 1996 / Rules and Regulations 39299 I h permanent fuel removal, pursuant to unrestricted areas in liquid and in submitted, which is of a type described / $ 50.82(a)(1), must state the date on gaseous effluents during the previous 12 in $ 50.21(b) (2) or (3) or S 50.22 or is a which the fuel was removed from the months, including any other testing facility, may include conditions g reactor vessel and the disposition of the information as may be required by the to protect the environment to be set out fuel, and the signed and notarized Commission to estimate maximum in an attachment to the limnae which is r original must be submitted to: The potential annual radiation doses to the incorporated in and made a part of the Nuclear Regulatory Commission, public resulting from effluent releases. license. These conefitions will be Document Control Desk, Washington, The report must be submitted as derived from information contained in DC 205554001. specified in 5 50.4, and the time the environmental report and the between submission of the reports must supplement to the environmental report y ~

12. Section 50.36, paragraphs (c)(6) be no longer than 12 months. If submitted pursuant to SS 51.50 and and (c)(7) are redesignated as (c)(7) and quantities of radioactive materials 51.53 of this chapter as analyzed and (c)(8) and new paragraphs (c)(6) and (e) released during the reporting period are evaluated in the NRC record of decision, t

are added to read as follows: significantly above design objectives, and will identify the obilgstions of the the report must cover this specifically. limnsee in the environmental area, 6 50.36 Tacimical specifications-On the basis of these reports and any including, as ap repriate, requirements additional information the Cnmmission for reporting an keeping mcords of (c) * *

• may obtain from the licensee or others, environmental data, and any conditions (6) Decommissionmg. This paragraph the Commission may require the and monitoring requirement for the applies only to nuclear power reactor limasee to take action as the protection of the nonaquatic facilities that have submitted the Commission deems appropriate.

environment. certifications required by 5 50.82(a)(1) (b) In establishing and implementing

15. Section 50.44, regraph (a), is and to non. power reactor facilities the operatin8 Procedures described in revised to read as fol ws:

which are not authorized to operate. paragraph (a) of this section, the l Tecimical specifications in volving licensee shall be guloed by the 5 50.44 standards for combustible gas safety limits, limiting safety system following considerations: Experience control system in light-weemr coceed power reectors. settings, and limitin3 control system with the design, construction, and settings; limiting conditions for operation of nuclear power reactors (a) Each boiling or pressurized light. operation; surveillance requirements; indicates that compliana vith the water nuclear power reactor fueled with I design features; and administrative technical spedfications described in oxide pellets within cylindrical zircaloy controls will be developed on a case-by. this section will keep average annual or ZIRID cladding. must, as provided in case basis. releases of radioactive materialin paragraphs (b) through (d) of this effluents and their resultant committed section, include maens for control of (e) ne provisions of this section effective dose equivalents at small hydrogen gas that may be generated, apply to each nuclear reactor licensee Percentages of the dose limits specified following a postulated loss-of<oolant I whose authcrity to o rate the reactor in 5 20.1301 and in the license. At the accident (LOCA) by-same time, the licanase is permitted the (1) Metal-water reaction involving the j has been removed by cense amendment, order, or regt.lation, flexibility of operation, compatible with fuel cladding and the reactor coolant, d

13. Section 50.36a is revised to read considerations of health ar.d safety, to (2) Radiolytic decomposition of the as followm assure that the public is provided a reactor coolant, and.

dependable source of power even under (3) Corrosion of metals. 5 50.36a Technical specifications on unusual conditions yhich may his section does not apply to a nuclear erttuents from nuclear power reactws. temporarily result in releasts higher power reactor facility for which the l (a) In order to keep releases of than such small percentages, but still certifications required under radioactive materials to unrestricted within the limits specified in 5 20.1301 5 50.82(a)(1) have been submitted. areas during normal conditions. of this chapter and in the license,11is including expected occurrenas, as low expected that in using this flexibility 16.Section 50.46, paragraph (a)(1)(1) i as is reasonably achievable, each under unusual conditions, the licensee is revised to read as follows: liansee of a nuclear power reactor will will exert jts best efforts to keep levels include technical specifications that, in of radioa'ctive materialin effluents as s saas Acceptance ernerta tw emergency cwe coonne systems for light-water nuclear addition to requiring compliance with low as is reasonably achievable.%e P"***** l applicable pmvisions of $ 20.1301 of guides set out in appendix 1, provide (aXIXI) Each boiling or pressurized this chapter, require that: numerical guidana on limiting light water nuclear power reactor fueled (1) Operating procedures developed conditions for operation for light water with uranium oxide pellets within pursuant to 5 50.34a(c) for the control of cooled nuclear power reactors to meet cylindrical zircaloy or ZlRLO cladding effluents be established and followed the requirement that radioactive must be provided with an emergency and that the radioactive waste system, materials in effluents released to c re cooling system (ECCS) that must be j pursuant to 5 50.34a, be maintained and unrestricted areas be kept as low as is designed so that its calculated cooling used. The limnsee shall retain the reasonably achievable. operating procedure,, effect as a

14. Section 50.36b is revised to road Performance following postulated loss-record until the Coma.; sion terminates as follows:

of coolant saidents confonns to the, the license and shall retain each criteria set forth in paragraph (b) of this superseded revision of the procedures 5 5&36b Environmental conditione. section. ECCS cooling performance must for 3 years from the date it was Each license authorizing operation of be calculated in accordance with an superseded. a production or utilization facility, and acceptable evaluation model and must ) (2) Each licensee shall submit a report each license for a nuclear power reactor be calculated for a number of postulated to the Commission annually that facility for which the certification of loss-of-coolant accidents of different 4 specifies the quantity of each of the permanent cessation of operations sizes, locations, and other properties j principal radionuclides released to required under 5 50.82(a)(1) has been sufficient to provide assurance that the

[ 39300 Federrl Register / Vol. 61, No.146 / Monday, July 29, 1996 / Rules and Regulations most severe postulated loss-of-coolant $ 50.49 Environmental qualmcation of $ 50.59 Changes, tests and experiments, accidents v :alculated. Except as electile equipment important to safety for nuclear power plants. (d) The provisions of this section provided in,,angraph (a)(1)(li) of this a h(a) Each holder of or an applicant for apply to each nuclear power reactor section, the evaluation model must cense for a nuclear po' wr p. ant, licensee that has submitted the include sufficient supporting justification to show that the analytical other than a nuclear power plant for certification of permanent cessation of technique realistically describes the which the certifications required under. operations required under behavior of the reactor system during a S 50.82(a)(1) have been submitted, shall 5 50.82(a)(1)(i). loss-of coolant accident. Comparisons to establish a program for qualifying the (e) The provisions of paragraphs (a) electnc, quipment defined in paragraph through (c) of this section apply to each e applicable experimental data must be i made and uncertainties in the analysis (b) of this section. non-power reactor licensee whose method and inputs must be identified license no longer authorizes operation and assessed so that the uncertainty in

19. Section 50.51, the section heading of the reactor, the calculated results can be estimated.

is revised, the existing paragraph is

22. Section 50.60. paragraph (a)is This uncertainty must be accounted for, designated regraph (a), and new revised to read as follows:

so that, when the calculated ECCS Paragraph ( )is added to read as cooling performance is compared to the foHows: $ 50.60 Acceptance criteria for tracture Pmvendon measures for light-water nuclear criteria set forth in paragraph (b) of this poweneactora for nonnel operation. section, there is a high level of 58081 Conunuation of licec:a. (a) Except as provided in paragraph probability that the criteria would not r (b) of this section, all light water nuclear { be exceeded. Appendix K. Part U (b) Each license for a facility that has power reactors, other than reacter g Required Documentation, sets ineth the documentation requirements for each Permanently ceased operations, facilities for which the certifications L evaluation model. This section does not continues in effect beyond the required under S 50.82(a)(1) have been I apply to a nuclear power reactor facility expiration date to authorize ownership submitted, must meet the fracture i for which the certifications required and possession of the production or toughneu and material surveillance g under $ 50.82(al(1) have been submitted. utillution facility, until the program requirements for the reactor Commission notifies the licensee in coolant pressure boundary set forth in writing that the Ucense is 'wminaM appendices G and 11 to this part.

17. Section 5 50.48, paragraph (f) is During such period of cor,tmued I

i added to read as follows: effectiveness the licensee shall-

23. Section 50.61, regraph (b)(1)is I

g 50.48 Fire protoedon. 7.2 7 (1) Take actions necouary to revised to read as fol ws: decommission and decontaminate the j' (f) Licensees that have submitted the facility and matinue to maintain the 9 50.St Fracture toughness requirements facility, including, where applicab!e, the for protection against pressurtud thermal certifications required under storage, control and maintenance of the shocemente. 5 50.82(a)(t) shau maintain a fire sp(ent fuel, in a safe condition, and protection program to addresa the

2) Conduct activities in accordance (b) Requirements.

potential for firma which could cause the with all other rwtrictions applicable to (1) For each pressurized water nuclear release or spread of radioactive the facility in acx:ordance with the NRC power reactor for, which an operating materials (i.e., which could result in a regulations and the provisions of the license has been issued, other than a radiological haard). specific 10 CFR part 50 license for the nuclear power reactor facility for which (1) The objectives of the fire facility. the certifications required under protection p ram are to-- (1) Reasona y prevent such fires from

20. Section 50.54, para 6raphs (o) and S 50.82(a)(1) have been submitted, the ly) are revised to read as follows:

licensee shall have projected values of u: curring:dly detect, control, end RTm, actmpted by the NRC, for each (ii) Rapi $ 50.54 Consoons of licensee. reactor vessel beltline material for the extinguish those fires whicF. do ocx:ur EOL fluence of the material. The and which could result in a radiological (o) Primary reactor containments for assessment of RTmmust use the haurd: and (iii) Ensure that the risk of fire, water cooled power reactors, other than calculation procedures given in facilities for which the certiScations paragraph (c)(1) of this section, except induced radiological haards to the uired under 5 50.82(a)(1) have been as provided in paragraphs (c)(2) and public, environment and plant ]u n,iitted, shall be subject to the (c)(3) of this section. The assessment s personnel is minimized. ruimrements set forth in appendix J to must specify the bases for the projected (2)The fire protection program must be assessed by the licensee on a regular this part-value of RTm for each vessel beltline material, including the assumptions basis end revised as appropriate throughout the various sta8es of facility (y) Licensee action permitted by regarding core loading patterns, and decommissioning. Paragraph (x) of this section shall be must specify the copper and nickel (3)The licensee may make changes to appmved, as a minimum, by a licensed contents and the fluence value used in the fire protection program without NRC senior operator, or, at a nuclear power the calculation for each beltline approval if these changes do not reduce reactor facility for which the material. ~Ihis assessment must be the e fectiveness of fire protection for certifications required under updated whenever th'ere is a significant 2 r facilities, systems, and equipment $ 50.82(a)(1) have been submitted, by change in projected values of RTm, or which could result in a radiological either a licensed senior operator or a hazard, taking into account the certified fuel handler, pnor to taking the schans. to irrm valun are considered decommissioning plant conditions and action. signitkant it either the previous value or the current vaWo. or tah values. meeMa suems

18. Section 50.49, paragraph (a) is

21. Section 50.59, paragraphs (d) and C,"i@n[.of,[nN,IiEp'pIc".'ble acuvities revised to read as follows:

(e) are added to read as follows: for the plant. \\

m u. o u l Federal Register / Vol 61. No.146 / Monday, July 29, 1996 / Rules and Regulations 39301 upon request for a change in the between successive updates does not i E0.82 Termination of scense. expiration date for operation of the exceed 24 months. The sesisions must For power reactor licensees who, facility. reflec' all changes up to a maximum of before the effective date of this rule, 6 months prior to the date of filling. For either submitted a decommissioning

24. Section 50 62, paragraph (a) is nuclear power reactor facilities that plan for approval or possess an s,

[ revised to read as follows: have submitted the certifications approved decommissioning plan, the required by 5 50.82(a)(1). subsequent plan la considered to be the PSDAR $ 50 62 Requirernents for reauction of risk revisions must be filed every 24 months. submittal required under paragraph from anticipated transJents without scram (a)(4) of this section and the provisions Twsl events for sight-water <oosed nuclear power plants. (f) The provisions of this section of this section apply aaordingly. For (a) Applicabihty. The requirements of appl to nuclear power reactor licensees power reactor licensees whose this section apply to all commercia) th t ave submitted the certification of decommissiomng plan approval activities have been relegated to notice lightmater cooled nuclear power plants, permanent cessation of operations of opportunity for a hearing under other than nuclear power reactor required under 5 50.82(a)(1)(i). The subpan G of 10 CFR part 2, the ublic facilities for which the certifications Provisions of paragraphs (sj, (c), and (d) meetin convened and 90-day elay of required under 5 50.82(a)(1) have been of this section also apply to non-power major mmissioning activities submitted. reactor licensees that are no longer required in paragraphs (a)(4)(ii) and authon, zed to operate, (a)(5) of this section shall not apply, and

25. Section 50.65, paragraph (a)(1) is

27. Section 50.75, paragraph (f) is any orders arising from proceedings revised to read as follows:

revised to read as follows: under subpan G of to CFR pan 2 shall continue and remain in effect absent $ 50.65 Requirements fnt monitoring the 5 50.75 Reporting and recorakeeping for an e*fectiveness of mMntenance at nuclear decommissioning peameg. a) o ie (1)( ) [en a licensee has determined Power Plants. (a)(1) F,ach holder of a license to (f)(1) Each power reactar licensee to permanently ceare operations the operate a nuclear power plaat under shall at or about 5 years pior to the licensee sha,,, within 30 days, submit a 55 50 21(b) or 50.22 soall monitor the projected end of operations submit a written certification to the NRC, performance or condition of structures, preliminary decommissioning cost consistent with the requirements of systems, or cornponents, against estimate which includes an up-to-date 5 50.4(b)(a): licensee-established goal 4, in a rnanner assessment of the major factors that (ii) Once fuel has been permanently sufficient to provide reasonable could affect the cost to decommission. removed from the reactor vessel, the assurance that such structures, systems, (2) Each non-power reactor licensee licensee shall submit a written and com onents, as defined in shall at or about 2 years prior to the certification to the NRC that meets the paragrap (b), are capable of fulfilling - ted end of operations submit a re-quirements of $ 50.4(b)(9) and; pro their intended functions. Such goals pre iminary decommissioning plan Fall) For licensees whose licenses have shall be established commensurate with containing a cost estimate for boon permanently modified to allow safety and, where practical, take into decommissioning and an up-to-data

• on but not ration of the account industry-wide operating assessment of the major factors thi t, before the e ve date of this experience. When the perfonnance o could affect planning for rule, e certifications required in condition of a structure, system, or decommissioning. Factors to be Paragraphs (a)(1)(i)-{li) of this section component does not moet established considered in submitting tais aball be deemed to have been submitted.

g,als, appropriate corrective action shall preliniinary plan information include-(2) Upon docketing of the be taken. For a nuclear power plant for C8d n8 Y Pennand cessah d which the licensee has submitted the (1) he decommiszionin8 alternative operations and permanent removal of anticipated to be used. ne fuel from the reactor vessel, or when a certifications s :ified in s 50.82(a)(1), this section on shall appl to the mquimments of $ 50M(4)(0 must be f nal }egall effective order to c nsidered at this time; permanentfy cease operations has come extent that the limrme sha 1 monitor the performance or condition of all (ii) Major technical actions necessary into effect, the to CFR part 50 license t carry out decommissionin8 safely; no longer authorizes operation of the structures, systems, or components associated with the storage, control, and (iii) The current situation with regard reactor or emplacement or retention of maintenance of spent fuel in a safe to disposal of high-level and low-level fuel into the reactor vessel. condition, in a manner sufficient to radioactive waste: (3) Decommissioning will be provide reasonable assurana that such liv) Residual radioactivity criteria: completed within 60 years of permanent structures, systems, and components am (v) Other site specific factors which cessadon of opera ions. Completion of rapable of fulfilling their intended could affect decomrrissioning planning decommissiom,n byond 60 years will functions. and cost. be approved by t e Cm' mission only wben necessary to protect Nblic health (3)If necessary, the cost est.imate, for and safety, Factors that will be

28. Section 50.71, paragraph (e)(4) is power and non. power reactors, shall considered by the Commission in rev sed a paragrapa (f)is added to also nclude plans for adjusting levels of evaluating an alternative that provides rea as o ows-funds assured for decommissionin to for completion of decommissioning

$ 50.7t Maintenance of records, making of demonstrate that a reasonable leve of beyond 60 years of rmanent cessation reports. assurance will be provided that funds of operations inclu e unavailability of will be available whon needed to cover waste disposal capacity a.id other site-gj... the cost of decommissioning. specific factors affecting the licensee's (4) Subsequent revisions must be fikd capability to carry out annually or 6 months after each

28. Scction 50.82 is revised to read as docommissioning, including presence of refueling outage provided the interval follows-other nuclear fac21ities at the site.

( Federal Register / Vol. 61, No.146 / Monday, July 29, 1996 / Rules and Regulati:ns j e 39302 (B)ThiTxpenditure wcuid not reduce thilicense trrmination plan availabla (4)(i) Prior ta or within 2 years the value of the decommissioning trust for public comment. The NRC shall also follow!ng pem2anent cessation of below an amount necessary to place and schedule a public meeting in the operations. the licensee shall submit a maintain the reactor in a safe storage receipt of the license termmation plan. vicinity of the licensee's facility upon post shutdown decommissioning activities report (PSDAR) to the NRC. condition if unforeseen conditions or The NRC shall publish a notice m the and a copy to the affected State (s). The expenses arise and: Federal Register and in a forum, such report must include a description of tha (C) The withdrawals would not as local newspapers, which is readily planr.ed decommissioning activities inhibit the ability of the licensee to accessible to individuals in the vicinily i along with a schedule for their complete funding of any shortfalls in of the site, announcing the date, time accomplishment, an estimate of the decommissioning trust needed to and location of the meeting, along with expected costs, and a discussion that ensure the availability of funds to provides the reasons for concluding that ultimately release the site and tensinate a brief des the environmental impacts associated the license meetmff the license termination plan (10) with site ~specillc decommissioning (U) Enitianly. 3 percent of the generic demonstrates that the remamder of activities will be bounded by amount specified in 5 50.75 may be used decommissioning activities will be for decommissioning planning. For appropriate previously issued licensees that have submitted the performed in accordance with the (ii) The NRC shall notice receipt of certifications required under regulations in this chapter, will not be environmental impact statements. the PSDAR and male the PSDAR $ 50.82(a)(1) and commencing 90 days inimical to the common defense and available for public comment. The NRC after the NRC has received the PSDAR, security or to the health and safety of shall also schedule a pub!Ic meeting in an additional 20 pest:ent may be used, the public, and will not have a the vicinity of the licensee's facility A site-specific decommissioning cost significant effect on the quality of the upon receipt of the PSDAR. The NRC estimate must be submittaf to the NRC environment and after notice to shall publish a notice in the Federal prior to the licensee using any funding interested persons, the Commission Register and in a forum, such aflocal in excess of these ar..ounts. shall appmve the plan, by license newspapers, that is readily accessible to (iii) Within 2 years following amendment, subject to such conditions individuals in the vicinity of the site, pennanent cessation of operations, if and limitations as it deems appropriate announcing the date, time and location not already submitted. the licensee shall and necessary and authorize of the meeting, along with a brief submit a site-specific decommissioning implementation of the license description of the purpre of the cost estimate. termination plan. (iv) Fct decommissioning activities (11) T;.4 Commission shall terminate meeting. (5) Licensees shall not perform any that delay completion of the license ifit determines that-major decommissionir g actM#es, as decommissioning by including a period (i) The remaining dismantlement has defined in 5 50.2. until 90 days after the of storage or surveillance, the licensee been performed in accordance with the ap(proved license termination plan, an NRC has received the licensee's PSDAR shall provide a means of adjusting cost submittal and until certirications of estimates and associated funding levels permanent cessation of operations and over the storage or surveillance period. associated documentation demonstrates permanent removal of fuel from the (9) Ali power reactor licensees must that the facility and site are suitable for raector vessel, as required under submit an appliation for termination of release. (b) For non power reactor licensees-5 50.a2(a)(1), have been submitted. license. The apulication for termination (1) A licensee that permanently ceases (6) Licensees s! sll not perform any of license must be accompanied or decommissioning activities, as defined preceded by a license termination plan OPeratione must make application for license terminstion within 2 years in 5 50.2, that-to be submitted for NRC approval. following penn?nent cessation of (i) Foreclose relosse of the site for (i) The license termination plan must possible unrestricted use; be a supplement in the FSAR or Operations, and in no case later than 1 (ii) Result in significant equivalent and must be submitted at year prior to expiration of the operating license. Each application for environmental impacts not previously least 2 years before termination of the termination of a license must be myiewed; or license date. (iii) Result in there no longer bein8 (ii) The license tennination plan must accompenled or preceded by a proposed reoonable assurance that adequate include-decommission!ng plan. The contents of mnds will be available for (A) A site characarization; the decommissioning plan are specified decommissionmg: (B) Identification of remaining inparagraph (b)(4) of this sectio i. (7) In taking actions pennitted under dismantlement activities; (2) For decommissioning plans in $ 50.59 following submittal of the (C) Plans for sita remediation: which the major dismantlement PSDAR, the licensee shall notify tis (D) Detailed plans for the final activities are delayed by first placing the NRC. In writing and send a copy to the radiation survey; facility in storage, plannirg for these affected State (s), befora performmg any (E) A description of the end use of the delayed activities may be less detailed. decommissioning activity inconsistent sita, if restricted; Updated detaffed plans must be with, or making any significant (F) An updated site-specific estimate submitted and approved prior to the schedule change from, those actions and of remaining decommissioning costs; start of these activities. schedules described in the PSDAR, and (3) For decommissioning plans that including changes that significantly (C) A supplement to the delay completion of decommissioning environmental report, pursuant to by including a period of storage or increase the decommi sioning cost. (8)(1) Decommissioru$ g trust funds S 51.53, descnbing any new information surveillance, the licensee shall provide n or significant environmental change that-may )be used by licensees if-(A The withdrawals are for expenses associated with the licensee's proposed (i) Funds needed to complete r legitimate decommissioning termination activities. decommissioning be niaced into an activities consistent with the definit,on (iii)ne NRC shall notice receipt of act.ount segregated from the licensee's i of decommissioning in 5 50.2; the license termination plan and make assets and outside the licensee's 1 Be r

das e ~ Federal Register / Vol. 61 No.146 / Monday, July 29, 1996 / Rules and Regulations 09303 administrative control during the (ii) The terminal radiation survey and application filed on or after lanuary 2,1971, storage or surveillance period, or e associated documentation demonstrates the opphation must aim ioenufy the desig b ectivn. and the means to be employed. for surety method or fund statement of that the facility and site are suitable for i ke*P ng lenis of radioactive snatenal in i intent be mair.tained in accordance with release. the criteria of 5 50.75(e); and (c) For a facility that has permanently '*',"""'"C'*d""""'I*" g (ii) Means be included for adjusting ceased operation before the expiration Section 50.36a cxmtsins provisions (ost estimates and assor.iated funding ofits license, the collection period for designed to assure that releases of radmactiva levels over the storage or surveillance any shortfall of funds will be material fmm nuclear power reactors to period. detennined, upon application by the unrestncted areas during normal condit onn. (4) The proposed demmmissioning licensee, on a case-by-case basis taking includmg expected ou urrences are kept as plan must include-into account the specific financiaj low as practicable. (i) The choice of the alternative for situation of each limnsee. decommir,sioning with a description of

29. Section 50.91, the introductory SEC. IV. Geides on techniml specificntmns activities involved. An alternative is text is revised to read as follows:

for limiting conditions for operotson for /sglit-water cooled nuclear power reactors hcensed acaptable if it provides for completi $ $0.91 Nouce for pelic comment; Stato under 10 CFR port 50. The guides on limiting of decommissiomng without significant conauttation, conditions for operation for light-water-delay. Consideration will be given to an The Commission will e the moled nucle.r power reactors act forth below alternative which provides for delayed gogjo,g.g prowdures for an apphcadon

• • ) be used by an applicant for a licenne to Perate a light water <ooled nuclear power completion of decommissioning only requesting an amendment to an react r r a i censee who has submitted a when necessary to protect the pubhc Per8tIDS 1IC8n58 for 8 facility 1C8n8'd certification of permanent cessation of health and safety. Factors to be under 5 50.21(b) or S 50.22 or for a op, rations under $ so.s2(a)(il as guidance in considered in evaluating an alternatise testing facility, axcept for a nendments denloping technical specifications under which provides for delayed completion subject to hearings governed by

$ 50.36a(s) to keep levels of radioactive o decommissiomng include S5 2.1201-2.1263 of this chapter. For materials in effluents to unrestricted areas as unavailability of waste disposal capacity amendments subject to 58 1201-low as is reesonably achievable. and other site-specific fac' ors affecting 2.1263 of this chapter,'he following secti so.36a(b) provides that licensees shall be guided by artain considerations in the licensWs a apability Io carry out procedures will apply only to the extent establishing and implementing operating decommissiomng, including the specifically referenmd in 5 2.1205 (c) " " 'P*' presence of other nuclear facilities at the 8nd (d) f thd' ch8Ptet-specWicauons that take into account the need site') A description of the controls and for operating flexibility and at the same time (ii

30. Section 50.111, paragraph (b) is assure that the licensee will exert his best h,mits on procedures and equipment t revised to ruad as follows:

effort to keep levels of radioactive material in protect occupational and public health effluents as low as is reasonably achievable. and safety; $ 50.111 Criminalp r ne guidance set forth below provides (iii) A description of the planned final additional and more specific guidance to radiation survey; (b) The regulations in to CFR Part 50 hcensees in this mpact. (iv) An updated cost es'i nate for the that are not issued under sections 161b, th t is th chosen alternative for decommissioning. 161i, or 161o for the purposes of section release of radioactin material in effluents comparison of that estimate with 223 are as follows: $$ 50.1,50.2,50.3, from light. water <ooled nuclear power present funds set aside for 50.4,50.8.50.11,50.12,50.13,50.20 reactors can generally be maintained within decommissioning, and plat for assuring 50.21,50.22,50.23,50.30,50.31,50.32, the tenis set furth as munerical guides for the availability of adequate funds for 50 33,50.34a. 50.35,50.36b,50.37, design objectives in Section 11. completion of decommissioning; and 50.38,50.39,50.40,50.41,50.42,50.43, At the same tune, the licensee is permitted (v) A description of technical 50 45,50.50,50.51,50.52,50.53,50 56, the flexibil,ity of operations, compatible with c osiderations of health and safety, to assure specifications, quality as*urance 50.57,50.58,50.81,50.90,50.91,50.92, provisions and physical security plan 50.100,50.101,50.102,50.103,50.109-so o er en nder unu ual provisions in place during 50.110,50.111. conditions which may temporarily result in decommissioning.

31. Appe6 dix 1 to 10 CFR part 50 is releases higher than ocmerical guides for l

(5)If the decomtn ssioning plan amended by revising Section (I), the design objectives but still within levels that demonstrates that the decommissioning introductory text of Section (IVJ. and assure that the enrage population exposure will be performed in accordance with Section (IV)(C) to read as follows: is equivalent to small fractions of doses from natural background radiation. It is expected the regulations in this chapter and will Appendix ! to Part 50-Numen. cal that in using this operational flexibility not be inimical to the common defense 1 and security or to the health and safety C.'"fn I r bign OWna and under unusual conditions, the licensee will Limiting (enditions of Operation to exert his best efforts to keep levels of of the public, and after notice t Meet the Criterion "As low As is redimctin materialin efnuents within the mterested persons. the Commission will Reasonably Achievable" for numerical guides for design objectives. approve, by amendment, the plan Radioactive Materialin Light Water-subject to such conditions and Cooled Nuclear Power Reactor C If the data developed in the surveillance limitations as it deems appropriate and Effluents and monitoring program described in necessary. The approved paragraph B of Section 111 or from other decommissioning plan will be a SECTION I. Introduction. Section 50.34a monitonng prtgrams show that the supplement to the Safety Analysis Provides that an application for's per nit to relatmnship between the quantities of report or equivalent. c nstruct a nuclear power reactor shall radioactive material released in hquid and (6) The Commission will terminate include a description of the prehminary gaseous effluerits and the dose to individuals design of equipment to be mstalled to ln unrestric*ed areas is signitcaatly different the h. cense if it determines that-maintain control over radioactive materials from that assumed in the calculations used (il The decommissioning has been io gaw.;s and liquid effluents produced to determine design objectives pursuant to performed in accordance with the dur ng normal (onditions. includ ng Sections 11 and Ill. the Commission may O. approsed decommissiomng plan. and expected occurremes. In the case of an modify the quan' ties m the technical

I 39304 Feder;l Register / Vcl. 61. N3.146 / Monday, July 29, 1996 / Rules and Regulations specificction^ d: fixing the limiting inform; tion or significr.nt provisions of 5 51.23(b), a supplemental conditions in a license to operate a light-environmental change associated with environmental impact statement for the = star. cooled nuclear wer reactor or a the applicant's proposed post operating license stage or an license whose holder as submitted a decommissioning activities or with the environmental assessment, as applicant's proposed activities with appropriate, will address the to un o 82(a 1 respect to the planned storage of spent environmental impacts of spent fuel fuel. Unless otherwiso.equired by the storage only for the term of the license, Commission,in accordance with the license amendment or license renewal PART 51-ENVIRONMENTAL PROTECTION REGULATIONS FOR generic deiermination in S 51.23(a) and applied for. DOMESTIC LICENSING AND RELATED the provisions in 9 51.23(b), the Dated at Rockville. MD. this 19th day of REGULATORY FUNCTIONS applicant shall only address the July,1996. environmentalimpact of spent fuel For the Nuclear Regulatory Commission.

32. The author,ty citation for Part 51 storage for the term of the license John C Iloyle, continues to read as follows:

applied for. The " Supplement to Authority: Sec.161,68 Stat. 948. as Applicant's Environmental Report-5"C"'"f7 ol'h8 C **ii "- IFR Doc. 96-19031 Filed 7-2G-96; 8:45 am) amended, rec. 1701,106 Stat. 2951,2952. Post Opsrating License Stage" may 2953. (42 U.S.C 2201,2297f): seca. 201, as incorporate by reference any amo cooe CW amended. 202. 88 Stat.1242, as amended, information contained in " Applicant's 1244 (42 U.S.C 5841,5842). Environmental Repost---Construction N Subpart A slao issued under National Permit Stage,""Supplenient to SMALL BUSINESS ADMINISTRATION Envirunmental Poticy Act of 1969, secs.102, Applicant's Environmental Report- \\ 104.105,83 Stat. 853-454,as amended (42 Operating License Sta, o," feel 13 C Part 125 U.S.C 4332,4334,4335h and Pub. L 95-604, environmental impact tatement. Govem t Contracting Assistance; Title II,92 Stat. 3033-3041: and sac 193. supplement to final environmental g Pub. L 101-575,104 Stat. 2835 42 U.S.C impact statement--o[ rating hcense Snhll Business Adn istration. 2243). Sections 51.20,51.30,51.60.51.80, stage, or in the reco of decision AoENCy: and 51.97 also issued under secs. 135.141, Pub. L 97-425,96 Stat. 2232,2241,and sec. prepared in connection with the ACDON: Cort'Ition to final regulation. 148, Pub. L 100-203,101 Stat.1334-223 (42 construction permit or the operating U.S.C 10155,10161,10168).Section 51.22 license for that facility.

SUMMARY

Thi document contains

.tions to a anal rule published by also issued under sec. 27d,73 Stat. 6a8. as cor amended by 92 Stat. 303G-3038 (42 U.S.C the Small Busin - Administration 20211 and under Nuclear Weste Policy Act of

34. Section 51.95, paragraph (b)la 1982 sec.121,96 Stat. 222a (42 U.S.C revised to read as foLows:

(SBA)in the Fed al Register on 10141). Sections 51.43,51.67, and 51.109 Wednesday, Janua 31,1996 (61 FR also under Nuclear Waste Policy Act of 1982, 9 51.96 Supplement to final environmental 3310). The regulati n related to small sec.114(f). 96 Stat. 2216, as amended (42 impact statement business prime con clor's U.S.C 10134(f)). perfonnance. The co ion is needed (b) Post operating h,eense stage. In to ensure consistency with other

33. Section 51.53, paragraph (b) is connection with the amendment of an provisions contain4d i SHA's mvised to read as follows:

Operating li, cense authormng regulations. decommiss omn activities at a EmmE DATE:Ny 29 N 5 51.53 supplement to environmental production or uti iration facility FOR FURmER INFQRM*D CONTACT: '*Po't. covered by $ 51.20, either for Richard Sadowski, Actin Assistant unrestricted use or based on continuing (b) Post operating license stage. Each use restrictions applicable to the slie, o, Admimstrator, pffice of dustrial applicant for a license i.mendment with the issuance, amendment or Assistance, (207) 205-647 authorizing decommiss'oning activities renewel of a license to store spent fuel SUPPt.EMENT ART INFORMA

On for a production or utilization facility at a nuclear power reactor after January 31,1996, SBA pub shed in the either for unrestricted use or based on expiration of the operating license for Federal Regis er (61 FR 331 ) a continuing use restrictions applicable to the nuclear power reactor the NRC staff complete rev' ion to the reg lations the site and each applicant for a license will prepare a supplernental pertaining to BA's procure ent amendment approving a license environmentalimpact statement for the assistance prpgrams. Includ within termination plan or decommissioning post operating license stage or an this final rule was a new sect n plan under S 50.82 of this chapter either environmental assessment, as

($ 125.6) engitled " Prime cont ctor for unrestricted use or based on appropriate, which will update the prior performan requirements (II 'tations continuing use restridions applicable to environmental review. 'Une supplement on subcon cting)." 61 FR 331. As the site; and each applicant for a license or assessment may incorporate by published, he final regulation, ntains or license amendment to store spent fuel reference any information contained in two errorsAhat may be misleadi4g and at a nuclear power reactor after the final environmental impact need to changed. First, S 125.((a)(2) expiration of the operating license for statement, the supplement to the final uses the t rm " regular dealer." l the nuclear power reactor shall submit environmental impact statement-However the definition of" reg star with its appliatmn the number of operating license stage, or in the records dealer" as abolished by section 7201 copies, as specified in 5 51.55, of a of decision prepared in connection with of the Fe eral Acquisition Strean lining separate document, entitled the construction permit or the operating Act of 1c94 (FASA). Specifically, FASA " Supplement to Applicant's license for that facility. The supplement repealed the " regular dealer" or Environmental Report-Post Operating will include a request for comments as "ma.iu faeturer" eligibility requin ments License Stage," which will update provided in $ 51.73. Unless otherwise imposed by the Walsh-Healey Pu )lic " Applicant's Environmental Report-required by the Commission,in Contracts Act. Without a current Operating License Stage," as accordance with the generic definitics for the term " regular dealer,' appropriate, to mflect any new determination in $ 51.23(a) and the SBA believes that its use in this ^a ..-- -}}