ML20138F119
| ML20138F119 | |
| Person / Time | |
|---|---|
| Issue date: | 08/08/1996 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| SECY-96-176, SECY-96-176-R, NUDOCS 9608130271 | |
| Download: ML20138F119 (129) | |
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POLICY ISSUE (NEGATIVE CONSENT)
August 8, 1996 SECY-96-176 EQB: The Commissioners fBQM: James M. Taylor Executive Director for Operations
SUBJECT:
PROPOSED RULEMAKING ACTIVITY PLAN P'JRPOSE:
The purpose of this Commission paper is to provide for Commission review the staff's proposed Rulemaking Activity Plan (RAP), (Attachment 2). The RAP includes descriptions of rules under the direction of the ED0 that are currently actively being conducted and those that are being considered for future action. This process is intended to assure that the staff incorporates Commission policy input to contemplated rulemakings at an early stage of rule plan development, before significant resources are expended. It further will provide a mechanism to determine whether previously initiated rules should continue, be redirected or be terminated. Finally, the "Rulemaking Activity Plan" includes priorities for all ongoing and planned rules to allow effective allocation of resources in a manner consistent with Commission policy.
BACKGROUND:
In a Commission Staff Requirement Memorandum (SRM) of April 7, 1995, on the status of ongoing regulatory reform initiatives, the Commission directed the staff to (1) establish a process to review and prioritize rulemaking efforts on a continuing basis and (2) pay particular attention to how rulemaking efforts receive staff approval for initiation. The Commission asked that the staff identify all rulemakings currently under development or being contemplated and, based on safety benefit and cost, make a recommendation on the need for continuing the rulemaking process, and to submit this information CONTACT: NOTE: TO BE MADE PUBLICLY AVAILABLE WHEN L. B. Riani, RES/DRA THE FINAL SRM IS MADE AVAILABLE (301) 415-6220 1'7001B plit% Dd SOS 30AYi- X/4 y$((,"5 o '
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1 to the Commission for its review. In response to this SRM, the staff
- developed the initial version of the "Rulemaking Activity Plan" (RAP). This ,
plan was transmitted to the Commission by memorandum dated May 10, 1995 and ;
the Commission approved the initial version of the plan on May 26, 1995. The l structure and format of the RAP has been designed to facilitate a review of all ongoing and planned rulemaking activities at various stages of development. RES is respc.nsible for maintaining and periodically updating this Plan such that its updating will be synchronous with the 6-month update and input interval required for the OMB Regulatory Agenda for major agency rulemakings, and for the more detailed NRC Regulatory Agenda, published as !
NUREG-0936. The Office Directors under the ED0 are responsible for the timely supply of Plan input to RES for all rulemakings under development and those being contemplated for development in their respective offices. RES will continue to submit the updated Rulemaking Activity Plan for review on an approximate 6-month interval.
On February 9,1996, the semiannual update of the "Rulemaking Activity Plan" was sent to the Commission for approval via SECY-96-034, and was approved by l the Commission's SRM dated April 10, 1996. In this SRM, the Commission l directed the staff to provide a summary of significant changes to the j rulemaking activity plan since the last report (new rulemakings and petitions, I rules terminated and rules that have been placed on hold) in each of the j future updates. This new summary of changes has been included as I Attachment 1. The Commission also directed the staff to coordinate efforts with OGC to provide for Commission review an improved discussion on interactions with Agreement States in the rulemaking planning process. l l
Manaaement Directive (MD) 6.3 Rulemakina P'onnina Process In addition to the Commission review and approval of the body of rulemaking actions described in RAP, there is an additional opportunity for Commission redirection of rules while still in the conceptual stage of development. This comes when a more detailed individual rulemaking plan, developed in accordance with the Management Directive (MD) 6.3 process, is submitted to the Commission ,
for review and approval. These individual plans contain more detailed information than the brief synopses in the RAP and will benefit from having early Agreement States input. This mechanism provides an opportunity for a more in-depth review of the rulemaking concept. The Commission level review of the RAP and subsequently of the individual rulemaking plans have the effect of assuring through a phased approach that staff resources are reserved for those rulemaking actions that have had the benefit of Commission oversight and policy direction.
On May 23, 1996, a memorandum was sent to the Commission on " Interaction With Agreement States In Rulemaking Planning Process." The staff recommendation was that draft rulemaking plans be sent to the Commission for information while sending the rulemaking plans to the Agreement States for review and comment and that the details of the procedure be incorporated into internal management procedures. The staff is currently revising MD 6.3 to incorporate
The Consnissioners 3 l the procedural process, approved by the Commission's SRM dated June 11, 1996, that would be followed when processing a rulemaking action that could affect Agreement States.
Reaulatory Imorovement In Grantina Generic Exemotions From Reaulations l
i A Commission-paper on " Planning For Pursuing Regulatory Improvement In The Area Of Exemptions Granted To Regulations," was sent to the Commission, SECY-96-147, for approval on July 2,1996 and was approved in an SRM dated August 1, 1996. This paper identified eleven rulemaking actions that will reduce the need for granting recurring exemptions. These rulemakings have now been i incorporated into the current "Rulemaking Activity Plan" (ten were incorporated as new rulemakings and one was incorporated into an ongoin- ,
rulemaking action).
Potential' Rulemakina Actions Still Under Review The staff submitted the results of the " National Performance Review Phase II" regulations review study to the Commission in SECY-95-123, dated May 15, 1995.
In this Commission paper, the staff provided information on 16 new candidate rulemakings (see Attachment 3) that resulted from the regulations review. For four of these rulemakings, legislative action will be necessary before the rulemakings can be initiated. 0GC has the lead for the development of proposals for the needed legislation and will forward an appropriate proposal
, to the Commission for submission to the next Congress. Five of the 16 l rulemakings have previously been included in the plan and four others have been included in this RAP as new rulemakings. For the three remaining .
potential rulemakings, the staff is continuing to determine whether these can l effectively be combined with previously identified rulemaking actions already contained in the plan.
Finally, activities currently underway that could have an impact on our l rulemaking planning are the results from the NAS report, " Radiation In l Medicine: A Need for Regulatory keform" and the NMSS effort on Business Process Reengineering and will be reflected in future plan updates as appropriate.
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8 0 t The Commissioners 4 Recommendation:
Unless the Commission directs otherwise, the staff will continue to implement the RAP as provided in Attachment 2.
\ '
- N. Ta or l
E ecutive D rector for Operations
Attachment:
As stated l
SECY NOTE: In the absence of instructions to the contrary, SECY will notify )
l the staff on Friday, August 23, 1996 that the Commission, by negative consent, assents to the action proposed in this paper.
DISTRIBUTION:
Commissioners OGC OCAA OIG i OPA !
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ATTACilMENT 1 4
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! SUl#iARY OF CHANGES TO THE RULEMAKING ACTIVITY PLAN SINCE
- THE LAST PLAN UPDATE IN FEBRUARY 1996 l l
FOR RULEMAKINGS UNDER THE i 0FFICE OF THE EDO i
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NEW RULEMAKING ACTIVITIES (REQUESTED BY USER OFFICES) THAT HAVE BEEN ADDED TO THE VARIOUS CATEGORIES USING MANAGEMENT DIRECTIVE 6.3 PROCESS l
l CATEGORY I ADDITIONS o Eligibility for Access to Restricted Data or National Security Information, Parts 10--SEE PAGE 25 o Exempt Natural or Depleted Uranium Metal Used In Storage Cask Shielding, Part 40--SEE PAGE 25 o Submittal Procedures For Documents, Part Multi--SEE PAGE 27 o NRC Acquisition Regulation, Part 48--SEE PAGE 29 CATEGORY III ADDITIONS o Elimination of 30-Day Delay In Loading Spent Fuel After Preoperational Testing, Part 72.82(E)--SEE PAGE 36 o Medical Use of Carbon-14 For The Detection of Helicobacter Pylori--SEE PAGE 37 o Storage of Greater Than Class C Waste, Part 72--SEE PAGE 37 o Energy Compensation Sources For Well Logging, Part 39--SEE PAGE 37 o Expand Scope of Part 72 to Make Additional Parties Subject to Enforcement--SEE PAGE 38 o USEC Privatization Act (P Law 104-134) Parts 40, 70, AND 76--SEE PAGE 39 o Environmental Report Requirements For Material Licensees Terminating a Uranium Milling License,10 CFR Part 51.60--SEE PAGE 39 o Staffing and Training Requirements For Defueled Nuclear Power Plants,--
SEE PAGE 40 o Use of Advanced Cladding Material in Light Water Reactor Fuel Designs, Part 50--SEE PAGE 40 o Alternative to The Use of ASME Boiler and Vessel Code in the Areas of Inservice Inspection and Testing, Part 50.55A--SEE PAGE 41
, o Options For The Use of Radiography and Radiographic Equipment and ANSI l N432, Part 34--SEE PAGE 41 o Requirements for Licensees to Write, Conduct, and Grade Operators and Senior Operators Qualification Examinations, Part 55--SEE PAGE 42 l
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l o Emergency Planning Licensing Requirements For Defueled Nuclear Power Plants, 10 CFR 50,54(Q), Appendix E--SEE PAGE 46 o Clarifications of and Addition of Flexibility to Part 72--SEE PAGE 47 o Geological and Seismological Characteristics of Spent Fuel Storage Systems, PART 72--SEE PAGE 48 o Adoption of Part 20 Dosimetry Methodology To Part 72--SEE PAGE 48 o Financial Assurance Requirements For Waste Brokers and Sealed Source Users--SEE PAGE 49 o Modify The Financial Assurance Requirements For Decommissioned Plants To Eliminate The Need For Unnecessary Financial Assurances, Parts 30--SEE PAGE 50 o Relief From The Use of Part 35 Requirements Fcr Teletherapy Devices For Non-Human Irradiation, Part 36--SEE PAGE 51 o Removal of Obsolete Appendices M, N, 0, and Q From Part 50--SEE PAGE 51 o Relief From The Requirements Dealing With The Medical Uses of Radiation, Part 35.29d--SEE PAGE 66 o Modification of The Definition of Decommissioning, Part 20--SEE PAGE 66 o Specific Domestic Licenses of Broad Scope For Byproduct j Materials, Part 20--SEE PAGE 67 l
o Transfer of Unimportant Quantities of Source or Byproduct Material to l Exempt Persons, Part 40.51--SEE PAGE 68 l 0 Revise Part 50.34(f) To Apply To Unknown Future Designs--SEE PAGE 69 o Licensing Requirements for Senior Reactor Operators Limited to Fuel Handling, Part 55--SEE PAGE 69 o General Domestic Licenses For Byproduct Material, Part 31--SEE PAGE 70 i
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l I NEW PETITION FOR RULEMAKINGS THAT HAVE BEEN RECEIVED AND/0R PilBLISHED FOR j PUBLIC COMMENT CATEGORY IVA ADDITIONS l o Heartland Operation to Protect the Environment; Low-level Radioactive Waste lisposal Site--SEE PAGE 55 l o Portland General Electric Company; Disposal of Radioactive Waste--SEE PAGE 55 l
o National Registry of Radiation Protection Technologists (NRRPT);
Training Requirements For a Radiation Safety Officer--SEE PAGE 55 o Fawn Shillinglaw; Dry Cask Storage of Radioactive Waste--SEE PAGE 56 l o University of Cincinnati; Total Effective Radiation Dose Limit For l Members of the Public--SEE PAGE 56 o Amersham Corporation; Radiography Equipment Regulation--SEE PAGE 56 l o IsoStent, Inc.; Permanently Implanted Intraluminal Stents--SEE PAGE 57 o Nuclear Energy Institute; Nuclear Material Licensees--SEE PAGE 57 RULEMAKING ACTIVITIES THAT HAVE BEEN TERMINATED OR PLACED ON HOLD CATEGORY IVB ON-HOLD I l
l o Allow For Plant Specific Nuclear Power Reactor Decommissioning Costs Requirements, Part 50.75--SEE PAGE 64 t o Addition of Radon-222 and Technetium-99 Values to Table S-3 and Rev.
Resulting from Consideration of Higher-Burnup Fuel, Part 51--SEE PAGE 65 l l
i o Pregnancy and Breast-Feeding Status of Patients, 10 CFR Part 35--SEE PAGE 68 l
l CATEGORY V TERMINATED o Clarification of Reporting of Defects and Noncompliance for Materials Facilities (Part 21)--SEE PAGE 21, Enclosure 2 o Distribution of Source and Byproduct Material: Licensing and Reporting l l
r Requirements, Parts 32 and 40--SEE PAGE 71 l t o Criteria for Extraordinary Nuclear Occurrence, Part 140--SEE PAGE 71 ;
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o Safe Concentration For Possession of SNM in Contaminated Soil--
SEE PAGE 72 i l 1
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! RULEMAKING ACTIVITY PLAN l FOR RULEMAKINGS UNDER THE l: OFFICE OF THE EDO i
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i Key to Rulemaking Categories in Rulemaking Activity plan Category I: Active Rulemakings - Those rules that have been judged to be needed by user / sponsoring offices, have been approved by the i ED0 and the Commission by previously approved Rulemaking Activity Plan (RAP) or by individual rulemaking plans and are currently in progress. .
l Category II: Technical Basis Under Development - Development of the !
Technical Basis is needed to support certain rulemaking I activities. All the activities in this category will be subject to further approval using MD 6.3 rulemaking plan process.
Category III: Rules Beino Planned - Rules (including petitions) that are judged to be needed based on preliminary assessment by the user / sponsoring office but that must be processed through i the new planning process (MD 6.3) for ED0 review and ,
approval; to include a Commission negative consent opportunity.
Category IV: Activities on Hold (2 Subcategories)
IVa Rules (including petitions) for which further assessment is required before deciding whether to initiate rulemaking or to grant; to deny; or partially grant the petition. j IVb Rules for which further work cannot be undertaken until information needed from outside sources is obtained~or until resources become available.
Category V: Drop - may require some closecut actions. l l
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Summary of Rulemaking Activity Plan Actions Key for Rule Type (la) - Safety Enhancement (lb) - Regulatory Reform / Regulatory Burden Reduction / Adds Flexibility (Ic) - Other: such as General / Procedural / Process / Administrative (2) - Further Management Consideration Required RM NO. - Research Rulemaking Number Used to Track Rules in The Five Year Plan.
RIN N0. - Rulemaking Number Used to Track Rules in The Regulatory Agenda. ,
WITS NO. - Rulemaking Number Used By EDO to Track Rulemaking Actions. 1 CATEGORY I ACTIVE RULES, IN DEVELOPMENT /BEING COMPLETED 1
Higher Priority RM NO. RIN NO. WITS NO. TYPE CAT NO. OFFICE TITLE C1HP-02 RES License Renewal, Part 51 #256 AD63 900072 lb INTERIM FINAL RULE PUBLISHED FOR COMMENT i ON 06/05/96 (61 FR 28467)
C1HP-04 RES ASME (IWE/IWL), #136 AC93 NONE la COMMISSION SRM ON SECY-96-080 DATED 05/22/96 APPROVED FINAL RULEMAKING C1HP-06 NRR Cert. Rules, ABWR & CE 80+, #366 AE87 910065 lb FINAL RULE PUBLISHED FOR 30 DAY PUBLIC COMMENT ON 04/24/96 (61 FR 18099)
r CAT NO. OFFICE TITLE RM NO. .RIN NO. WITS NO. TYPE C1HP-07 RES Constraint Rule / EPA, #377 AF31 940209 lb FINAL RULE SENT FOR EDO APPROVAL ON 07/15/96 ,
ClHP-08 RES Rad. Criteria For License #211 AD65 830615 lb !
Termination . ;
ClHP-11 RES ISI/IST Risk Focus, #318 AE26 NONE .lb ;
i C1HP-12 AEOD Reliability Data Rule, Part 50.76 '#414 AF33 940180 lb PROPOSED RULE PUB. 02/13/96 60 FR 5318 C1HP-13 RES Patient Release, #291 AE41 920203 lb !
FINAL RULE WAS RESENT FOR COMMISSION ,
APPROVAL SECY-96-100 ON 05/08/96 l
C1HP-16 NMSS Design Basis Events HLW, Part 60- #179 A051 920054 Ic ,
FINAL RULE WAS SENT FOR COMMISSION :
APPROVAL SECY-96-136 ON 06/24/96 ,
C1HP-18 RES Unauthorized Use, Part 20.2205 #429 AF44 950124 la :
FINAL RULE WAS SENT FOR ED0/ COMMISSION APPROVAL ON 08/01/96 ClHP-19 NRR SG Rule #394 AF04 940048 lb j C1HP-20 RES Agreement States Authority #209 AF49 950039 1_b under AEA 274, Part 150.20 RULE ADDED TO CATEGORY LISTING, SEE C3HP-03 PROPOSED RULE PUBLISHED 06/18/96 61 FR 30839 !
C1HP-21 RES Part 73.55 (Reduce Insider Reqmts) #405 AF11 950117 lb I RULE ADDED TO CATEGORY LISTING, SEE C3HP-02 PROPOSED RULE WAS SENT FOR OFFICE CC 07/05/96 l C1HP-22 RES Safeguards for Spent Fuels #346 AF32 930128 lb i i
HLW Repos., RULEMAKING CHANGED PRIORITY--SEE C1LP-07 l
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CAT NO. OFFICE TITLE RM NO. RIN NO. WITS NO. TYPE Medium Priority CIMP-01 RES Part 100 Revision #267 AD93 900200 lb FINAL RULE WAS SENT FOR COMMISSION ,
APPROVAL SECY-96-118 ON 05/24/96 CIMP-04 RES Radiography Rule, #287 AE07 910033 la i FINAL RULE WAS RESENT FOR COMMISSION APPROVAL SECY-96-152 ON 07/03/96 CIMP-06 NRR FFD Part 26 (General Relax.), #397 AF12 890042 lb PROPOSED RULE PUB. 05/09/96 61 FR 21105 ,
CIMP-10 NRR Shutdown Rule, #398 AE97 920223 la CIMP-12 RES Minor Amendments to #421 AF43 NONE Ic Parts 2, App. C and 51 DIRECT FINAL RULE" MING SENT FOR OFFICE r REVIEW ON 01/10/D l CIMP-13 ADM Parts 25, 95 Confonn #417 AF37 NONE Ic ;
to USG policy ;
CIMP-14 RES Deliberate Misconduct Rule, #425 AF35 960007 Ic Parts 30,40,50,60,61,70,72,110 RULE ADDED TO CATEGORY LISTING, SEE C3MP-07 PROPOSED RULE SENT FOR OFFICE CC ON 06/03/96 CIMP-15 ADM Part 10 Conform to USG policy #431 AF48 NONE Ic NEW RULEMAKING ADDED TO CATEGORY LISTING CIMP-16 RES Exempt Depleted Uranium in Cask #446 NONE NONE Ic Shielding, Part 40 NEW RULEMAKING ADDED TO CATEGORY LISTING 3
CAT NO. OFFICE TITLE RM NO. RIN NO. WITS NO. TYPE Lower Priority C1LP-05 RES Notification Requirements, Part 20 #402 AF46 NONE Ic PROPOSED RULE SENT FOR OFFICE CC ON 02/12/96 C1LP-07 RES Safeguards for Spent Fuels #346 AF37, 930128 lb HLW Repos., RULEMAKING CHANGED PRIORITY--SEE C1HP-22 C1LP-13 RES NPR Decommissioning Financial #424 AF41 950112 lb_ '
Assurance, Parts 50.2, 50.75 ANPR WAS PUBLISHED ON 04/08/96 61 FR 15427 C1LP-17 IRM Submittal Procedures For #445 NONE NONE Ic Documents, Part Multi NEW RULEMAKING ADDED TO CATEGORY LISTING C1LP-18 ADM Acquisition Regulation #475 AFS2 NONE Ic (NRCAR), Part 48 NEW RULEMAKING ADDED TO CATEGORY LISTING ;
i CATEGORY II TECH. BASIS DEVELOPMENT - RULES / PETITIONS - MD 6.3 APPLIES TO SOME RULES Higher Priority C2HP-04 RES Criteria for Reuse / Recycle, #381 NONE 940059 lb C2HP-05 RES Release to Sanitary Sewage, #288 AE90 940008 la Medium Priority C2MP-01 RES Revise Reporting Reqmts, Part 50 #387 NONE 940118 lb C2MP-02 RES Pregnancy / Breast Feeding, Part 35 #310 RULE ON-HOLD--SEE C48-20 j
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r Exemptions from Licensing #400 NONE 900208 lb !
C2MP-05 RES Certain Products, Parts 30, 32 ,
i Lower Priority i Conc. of SNN in Contam. Soils, #409 RULE TERNINATED--SEE C5-11 :
C2LP-02 NNSS t
CATEGORY III, RULES AND PETITIONS BEING PLANNED - ND 6.3 APPLIES (EXCEPT TO STRICTLY ADNINISTRATIVE RULES) i Higher Priority t
- 390 NONE NONE lb !
C3HP-04 RES Amend VSC-24 Certification NONE lb Revise Respiratory Protect. Reqmts. #269 NONE ,
Extremity Doses, #146 NONE 870013 la C3HP-06 RES RULE CHANGED CATEGORY LISTING--SEE C2HP-01 Hot Particle Skin Dose, #164 NONE 900178 lb r C3HP-07 RES RULE CHANGED CATEGORY LISTING--SEE C2HP-02 POL-Generic Reports, #312 AF16 930116 lb C3HP-08 RES RULE CHANGED CATEGORY LISTING--SEE C2HP-03 RULE PLAN SENT FOR OFFICE REVIEW ON 04/25/96 !
- 243 NONE NONE Ic !
C3HP-09 RES Update Decomm. Funding, ,
Parts 30, 40, 70 RULE CHANGED CATEGORY LISTING-SEE C2HP-06 Elimination of 30-Day In Loading #433 NONE NONE lb C3HP-10 RES l Spent Fuel, Part 72.82(E) NEW RULENAKING ADDED TO CATEGORY LISTING !
RULE PLAN SENT FOR OFFICE REVIEW ON 07/19/96 5
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CAT NO. OFFICE TITLE RM NO. RIN NO. WITS NO. TYPE C3HP-11 RES Medical Use of C-14, Diagnostic #432 NONE NONE lb Testing, PRM-35-12, Part 35 NEW RULEMAKING ADDED TO CATEGORY LISTING C3HP-12 RES Storage of Greater Than Class C #436 NONE NONE lb WASTE, PRM-72-02, Part 72 NEW RULEMAKING ADDED TO CATEGORY LISTING C3HP-13 RES Energy Compensation Sources For #440 NONE NONE lb Well Logging, Part 39 NEW RULEMAKING ADDED TO CATEGORY LISTING C3HP-14 RES Additional Parties Subject to #439 NONE NONE lb Enforcement, Part 72 NEW RULEMAKING ADDED TO CATEGORY LISTING C3HP-15 RES USEC Privatization Act, Parts #442 NONE 960075 Ic 40, 70, 76 NEW RULEMAKING ADDED TO CATEGORY LISTING RULE PLAN SENT FOR OFFICE REVIEW ON 07/19/96 C3HP-16 RES ER Requirements for Licensees #443 NONE NONE lb Terminating UML's, Part 51.60 NEW RULEMAKING ADDED TO CATEGORY LISTING C3HP-17 RES Staffing and Training Required #444 NONE NONE lb For NPP, Parts 50, 55 NEW RULEMAKING ADDED TO CATEGORY LISTING C3HP-18 RES Use of Adv. Cladding Material #449 NONE NONE lb In LWR Fuel Designs, Part 50 NEW RULEMAKING ADDED TO CATEGORY LISTING C3hi-is RES ASME Code For Inservice #476 NONE NONE lb Inspection and Testing, Part 50 NEW RULEMAKING ADDED TO CATEGORY LISTING C3HP-20 RES Radiography and Radiographic #477 NONE NONE lb Equipment and ANSI N432, Part 34 NEW RULEMAKING ADDED TO CATEGORY LISTING C3HP-21 RES Requirements for Senior Operators #484 NONE NONE lb Qualification Exams, Part 55 NEW RULEMAKING ADDED TO CATEGORY LISTING 6
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RM NO. RIN NO. WITS NO. TYPE CAT NO. OFFICE TITLE Medium Priority j i
C3MP-01 NRR Fitness for Duty (Scope rule) #396 AF13 NONE lb l C3MP-02 RES Audit Frequency for Emergency #413 NONE NONE lb Planning and Security, Part 50, RULE PLAN SENT FOR EDO APPROVAL Resolves PRMs 50-59, 50-60 C3MP-04 RES Petition: Perf. Rule on Fire Prot. #340 AF29 920197 lb i C3MP-06 RES Parts 70, 74 Materials Control #309 NONE NONE lb Acc' ting Amend C3MP-08 RES Gaseous Tritium Light Sources, #423 NONE NONE lb ;
Part 32, PRM 32-04 C3MP-09 RES Alt. Financial Criteria For #408 NONE 930212 lb '
(non-profit facil.) COMMISSION SRM ON SECY-96-091 DATED 05/24/96 APPROVED RULE PLAN TO AGREEMENT STs FOR COMMENT C3MP-10 RES Financial Assurance Requirements #410 NONE NONE Ic i
for UR Recovery, App. A, Part 40 RULE CHANGED CATEGORY LISTING FROM IV TO III RULE PLAN WAS SENT FOR OFFICE CC ON 03/18/96 RES EP Licensing Requirements For #435 NONE NONE lb :
C3MP-11 Defueled NPP, Part 50 NEW RULEMAKING ADDED TO CATEGORY LISTING ;
C3MP-12 RES Clarifications of and Addition #438 NONE NONE lb ,
of Flexibility to Part 72 NEW RULEMAKING ADDED TO CATEGORY LISTING C3MP-13 RES Geological and Seismological #441 NONE NONE lb i Char. of Storage, Part 72 NEW RULEMAKING ADDED TO CATEGORY LISTING Dosimetry Methodology for Part 72 #437 NONE NONE lb i C3MP-14 RES NEW RULEMAKING ADDED TO CATEGORY LISTING- !
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- 480 NONE NONE la C3MP-15 RES Financial Assurance For Waste i Brokers and Sealed Source Users NEW RULEMAKING ADDED TO CATEGORY LISTING r
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CAT NO. OFFICE TITLE RM NO. RIN NO. WITS NO. TYPE l_ower Priority C3LP-01 RES Clarification of Criteria For #380 NONE 940078 lb U Mills and Tailings, Part 40 C3LP-02 RES Antitrust Review of Facility #427 NONE NONE lb Applications, Part 50, App. L C3LP-03 RES Decomm. Plants Eliminate Need For #482 NONE NONE Ib Unnecessary Financial Assurances NEW RULEMAKING ADDED TG CATEGORY LISTING C3LP-04 RES Teletherapy Devices For Non-Human #479 NONE NONE lb Irradiation, Part 36 NEW RULEMAKING ADDED TO CATEGORY LISTING C3LP-05 RES Removal of Obsolete Appendicies #483 NONE NONE lb M, N, 0, P, From Part 50 NEW RULEMAKING ADDED TO CATEGORY LISTING CATEGORY IV, ACTIVITIES ON HOLD 4A: Rules and Petitions For Which Further Assessment Is Required Before Deciding Whether to Initiate Rulemaking (not prioritized)
C4A-02 RES Acceptability for Plant Performance for Severe Accidents, Part 50 #268 AE38 900201 2 C4A-04 RES Alternative Site Reviews, Part 50 #313 NONE NONE 2 C4A-07 RES Petition for Rulemaking from #451 NONE NONE 2 7~
Keith J. Schiager, Ph.D. PRM-20-21 C4A-14 RES Quality Assurance Programs #459 NONE NONE 2 t (PRM-50-62) :
C4A-15 RES Stockpiling Potassium Iodide #460 NONE NONE 2 (PRM-50-63) 8
CAT NO. OFFICE TITLE RM NO. RIN NO. WITS NO. TYPE C4A-16 RES Low-level Radioactive Waste #461 NONE NONE 2 Disposal Site (PRM-61-03) NEW PETITION ADDED TO CATEGORY LISTING C4A-17 RES Storage of Radioactive Waste #462 PRM RESOLVED--SEE C3HP-12 (PRM-72-02) NEW PETITION ADDED TO CATEGORY LISTING C4A-18 RES Training Requirements for a Rad #463 NONE NONE 2 i Safety Officer (PRM-35-13) NEW PETITION ADDED TO CATEGORY LISTING C4A-19 RES Dry Cask Storage of Radioactive #464 NONE NONE 2 Waste (PRM-72-03) NEW PETITION ADDED TO CATEGORY LISTING C4A-20 RES Rad. Dose Limit For Members of #465 NONE NONE 2 the Public (PRM-20-24) NEW PETITION ADDED TO CATEGORY LISTING C4A-21 RES Radiography Equipment Regulation #466 NONE NONE 2 (PRM-34-05) NEW PETITION ADDED TO CATEGORY LISTING C4A-22 RES Permanently Implanted Intraluminal #467 NONE NONE 2 Stents (PRM-35-14) NEW PETITION ADDED TO CATEGORY LISTING C4A-23 RES Nuclear Material Licensees #468 NONE NONE 2 (PRM-30-61) NEW PETITION ADDED TO CATEGORY LISTING 4B: Rules That Cannot be Further Worked Without Additional Information (not prioritized - rule action still needs to be decided)
C48-01 RES Requirements for Possession of # 81 AD34 890090 2 Industrial Devices, Parts 31, 32 9
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O CAT NO. OFFICE TITLE RM NO. RIN NO. WITS NO. TYPE C4B-02 RES Air Gap for Generally Licensed #264 AD82 900192 2 Devices, Parts 31, 32 C4B-03 RES MMP Items for Parts 31, 35 #385 NONE NONE 2 MMP Items for Parts 30, 40 C4B-04 RES #386 NONE NONE 2 C4B-05 RES Revise Brachytherapy Proc. Part 35 #406 NONE NONE 2 C4B-06 RES Conformance of Part 61 Dosimetry #407 NONE NONE 2 Doses to Revise Part 20 C48-09 RES Rule on Living PRA for COLs Part 52 #411 NONE NONE lb C4B-10 RES Addition of DOE Multi-Purpose #412 NONE NONE 2 Canisters, Part 72.214 C48-ll RES Part 70 Revisions #351 AF22 940010 2 C4B-12 NMSS HLW Repos. Adequate Clarification, #338 AE40 NONE Ic C48-13 NMSS,RES Conform to EPA Standard and #430 NONE NONE 2 NAS Recommendations, Part 60 C48-14 RES NPR Decommissioning Cost #347 AF40 950111 lb Requirements, Part 50.75 COMMISSION SRM ON SECY-96-095, OF 05/29/96 APPROVED CHANGE IN STATUS--SEE CILP-12 C48-15 RES Table S-3 Revisions, #116 AA31 910146 Ic RULE HAS BEEN PLACED ON-HOLD--SEE CILP-02 C4B-16 RES Requirements Dealing With #478 NONE NONE lb Medical Uses of Rad., Part 35 NEW RULEMAKING ADDED TO CATEGORY LISTING C4B-17 RES Modify The Definition of #481 NONE NONE lb Decommissioning, Part 20 NEW RULEMAKING ADDED TO CATEGORY LISTING l
C4B-18 NMSS Specific Domestic Licenses #448 NONE NONE lb Broad Scope, Part 20 NEW RULEMAKING ADDED TO CATEGORY LISTING C4B-19 RES Transfer of Source or Byproduct #447 NONE NONE Ic Material, Part 40.51 NEW RULEMAKING ADDED TO CATEGORY LISTING 10
1 CAT NO. OFFICE TITLE RM NO. RIN NO. WITS NO. TYPE
'l C48-20 RES Pregnancy / Breast Feeding, Part 35 #310 AE44 910129 2 l
C4B-21 RES Revise Part 50.34(f) to Apply to #485 NONE NONE lb .
Future Plant Designs NEW RULEMAKING ADDED TO CATEGORY LISTING ;
C4B-22 RES Licensing Requirements For SR0s #486 NONE NONE lb ,
Limited to Fuel Handling, Part 55 NEW RULEMAKING ADDED TO CATEGORY LISTING !
C4B-23 RES General Domestic Licenses #487 NONE NONE lb l For Byproduct Materials, Part 31 NEW RULEMAKING ADDED TO CATEGORY LISTING ,
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CATEGORY V. DROP FROM FURTHER CONSIDERATION PRM 71-11, Pkg/transp. NONE NONE NONE 2 C5-02 NMSS of Vitrified HLW C5-06 RES Eliminate Inconsistencies VS NRC #79 AC03 840171 2 i Regs and EPA HLW Stds, Part 60 RULEMAKING WAS TERMINATED--SEE C48-07 RULE INCORPORATED INTO C48-13, RM #430 ;
C5-09 RES Dist. of Source Byproduct Mat. #292 AE33 940069 2 .
Licensing, Part 32, 40-Phase I RULEMAKING BEING TERMINATED, SENT FOR ED0/ COMMISSION APPROVAL ON 05/10/96 Criteria for ENO, Part 140 #51 AB01 810014 2 C5-10 RES RULEMAKING BEING TERMINATED, SENT FOR OFFICE REVIEW AND COMMENT 05/29/96 C5-11 NMSS Conc. of SNM in Contam. Soils, #409 NONE NONE 2 ,
RULEMAKING BEING TERMINATED--SEE C2LP-02 11
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i INDEX FOR RULEMAKING ACTIVITY PLAN l
l l CATEGORY I. ACTIVE RULES l
HIGHER PRIORITY License Renewal for NPPs; Scope of Environmental Effects (Part 51)--RM#256--AD63--RES-C1HP-02 ............. 9 l
Codes and Standards for Nuclear Power Plants (ASME
- Code,Section XI, Division 1, Subsection IWE and Subsection IWL) (Part 50)--RM#136--AC93--RES-C1HP-04 .......... 9 Design Certification for Advanced Boiling Water Reactor (ABWR) AND SYSTEM 80+ (Part 52)--RM#366--AE87--NRR-C1HP-06 . . . . . . 10 Constraint Level for Air Emissions of Radionuclidt
- s (Part 20 )--RM#377--AF31--RES-C1HP-07 . . . . . . . . . . 11
! Radiological Criteria for License i Termination of Nuclear Facilities (Parts 20, l 30, 40 50, 51, 70, 72)--RM#211--AD65--RES-C1HP-08 3
..........12 Codes and Standards for l NPP (Part 50)--RM#318--AE26--RES-C1HP-11 . . . . . . . . . . . . . . . 13 Reporting Reliability and Availability Information For Risk-Significant Systems and l Equipment, PART 50.76--RM#414--AF33--AEOD-C1HP-12 . . . . . . . . . . . 14 l
Criteria for the Release of Patients Administered Radioactive Material (Parts 20, 35)--RM#291--AE41--RES-C1HP-13 . . . . . . . . . . 15 Design Basis Events, Part 60--RM#179--AD51--NMSS-C1HP-16 . . . . . . . 16 Addition of 10 CFR 20.2205, Unauthorized Use of Radioactive Materials--RM#429--AF44--RES-C1HP-18 . . . . . . . . 16 Steam Generators--RM#394--AF04--NRR-C1HP-19 . . . . . . . . . . . . . . 17 Revise Reciprocity Provisions For Agreement State licensees in Areas of Exclusive Federal Jurisdiction, Part 150.20--RM#209--AF49--RES--C1HP-20 . . . . . . . . . 18 1
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Reduction In Nuclear Power Reactor Security Requirements Associated With Insider Threat (Part 73.55) (except d8)--RM#405--AF11--RES-C1HP-21 . . . . . . 19 Safeguards for Spent Nuclear Fuel or High-Level Radioactive Waste, (Parts 60, 72, 73, 75)--RM#346--AF32--RES-C1HP-22 . . . . . . . 19 MEDIUM PRIORITY Reactor Site Criteria; Including Seismic and Earthquake Engineering Criteria for Nuclear Power Plants (Parts 50,52,100)--RM#267--AD93--RES-C1MP-01 . . . . . . . 21 Radiography and Radiation Safety Requirements for ,
Radiographic Operations (Part 34)--RM#287--AE07--RES-CIMP-04 . . . . . 22 l General Revisions to the Fitness-For-Duty Rule, Part 26--RM#397--AF12--NRR-C1MP-06 . . . . . . . . . . . . . . . 22 l
Shutdown Operation, Part 50--RM#398--AE97--NRR-CIMP-10 . . . . . . . . 23 :
1 Minor Amendments to 10 CFR Parts 2 and 51--RM#421--AF43--RES-C1MP-12 . 23 Protection of and Access to Classified Information for Licensee, Parts 25, and 95--RM#417--AF37--ADM-CIMP-13 . . . . . . . 24 Deliberate Misconduct Rule, Parts 30, 40, 50, 60, 61, 70, 72, 110)--RM#425--AF35--RES-CIMP-14 . . . . . . . . . . 24 1 l
Criteria and Procedures For Determining Eligibility For Access to Restricted Data or National Security L Information, Part 10--RM#431--AF48--ADM-C1MP-15 . . . . . . . . . . . . 25 Exempt Natural or Depleted Uranium Metal Used.In Storage Cask Shielding, Part 40--RM#446--RES-CIMP-16 . . . . . 25 j LOWER PRIORITY j i
Revision to 10 CFR Part 20 Regarding Consistency in The Notification Requirements--RM#402--AF46--RES-CILP-05 . . . . . . 26 Safeguards for Spent Nuclear Fuel or High-Level Radioactive Waste, (Parts 60,72,73,75)--RM#346--AF32--RES-CILP-07 . . . . . . . 26
( Revision to Nuclear Power Reactor Decommissioning j Cost Requirements, Part 50.75--RM#347--AF40--RES-CILP-12 . . . . . . . 26 i
Revision to Nuclear Power Reactor Decommissioning Financial Assurance Implementation Requirements, Part 50.2 and Part 50.75--RM#424--AF41--RES-CILP-13 . . . . . . . . . . 27 Submittal Procedures For Documents, Part Multi--RM#445--RES-CILP-17. . 28 NRC Acquisition Regulation, Part 48--RM#475--AF52--ADM-CILP-18. . . . . 29 CATEGORY II- TECHNICAL BASIS UNDER DEVELOPMENT HIGHER PRIORITY Criteria For Recycle / Reuse--RM#381--RES-C2HP-04 . . . . . . . . . . . . 30 Disposal by Release into Sanitary Sewerage, Part 20--RM#288--AE90--RES-C2HP-05 .............30 MEDIUM PRIORITY Reduction of Additional Reporting Requirements Imposed on NRC Licensees (10 CFR 50), RRGR Item 59a--RM#387--RES-C2MP-01 . . . . . 31 Pregnancy and Breast-Feeding Status of Patients, 10 CFR Part 35--RM#310--AE44--RES-C2MP-02 . . . . . . . . . . 31 l
l Exemption from Licensing of Certain l I
Products, Parts 30, 32--RM#400--RES-C2MP-05 . . . . . . . . . . . . . . 32 LOWER PRIORITY l l
Safe Concentration For Possession of I SNM in Contaminated Soil--RM#409--NMSS-C2LP-02 ............32 '
CATEGORY III. RULES AND PETITIONS BEING PLANNED HIGHER PRIORITY Amend Certification of Compliance N0.72-1007 For The VSC-24 Dry Spent Fuel Storage Cask, Part 72.214--RM#390--RES-C3HP-04 ............33 Revision of Respiratory Protection Requirements, Part 20--RMf269--RES-C3HP-05 ..............33 3
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l Extremity Dosimetry--RM#146--RES-C3HP-06 . . . . . . . . . . . . . . . 34 Skin Dose Limits For Hot Particles--RM#164--RES-C3HP-07 . . . . . . . . 33 Power Reactor Facilities Under a Possession l Only License, Fort 50--RM#312--AF16--RES-C3HP-08 ...........35 Update of Decommissioning Funding Certification Amounts for Applicants and Licensees, Parts 30, 40, 70--RM#243--RES-C3HP-09 . . 36 l Elinination of 30-Day Delay It' Loading Spent Fuel After l Preoperational Testing, Part 72.82(E)--RM#433--RES-C3HP-10 ..... . 36 I
I Medical Use of Carbon-14 For The Detection of Helicobacter Pylori--RM#432--RES-C3HP-11 . . . . . . . . . . . . . . .37 i
Storage of Greater Than Class C Waste, Part 72--RM#436--RES-C3HP-12 . . . . . . . . . . . . . . . . . . .37 Energy Compensation Sources For Well Logging, Part 39--RM#440--RES-C3HP-13 . . . . . . . . . . . . . . . . . .37 Expand Scope of Part 72 to Make Additional Parties Subject to Enforcement--RM#439--RES-C3HP-14 . . . . . . . . . . .38 USEC Privatization Act (Public Law 104-134)
Parts 40, 70, AND 76--RM#442--W#960075--RES-C3HP-15 . . . . . . . . . . .39 t
! Environmental Report Requirements For l Material Licensees Terminating a Uranium Milling License, 10 CFR Part 51.60--RM#443--RES-C3HP-16 . . . . . . . . .39 Staffing and Training Requirements For Defueled l Nuclear Power Plants, Part 50, 55--RM#444--RES-C3HP-17 ........ .40 Use of Advanced Cladding Material in Light Water Reactor Fuel Designs, Part 50--RM#449--RES-C3HP-18 ....... .40 l
Alternative to The Use of ASME Boiler and Vessel Code in the Areas of Inservice Inspection and Testing, Part 50.55A--RM#476--RES-C3HP-19 ....... .41 Options For The Use of Radiography and Radiographic Equipment and ANSI N432, Part 34--RM#477--RES-C3HP-20 . . . . . . . . . .41 Requirements for Licensees to Write, Conduct, and Grade Operators and Senior Operators Qualification Examinations, Part 55--RM#484--RES-C3HP-21 ....... .42 W
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MEDIUM PRIORITY Fitness for Duty (Scope)--RM#396--AF13--NRR-C3MP-01 . . . . . . . . . . 42 Audit Frequency For Emergency Planning and Security, Part 50, PRM-50-59, PRM-50-60--RM#415- iS-C3MP-02 .....43 Performance-Oriented Requirements for Fire Protection of Nuclear Power Facilities (Part 50)--RM#340--AF29--RES-C3MP-04 . . . . . 43 Material Control and Accounting Amendments--RM#309--RES-C3MP-06 . . . . 44 Revision of Prototype Testing Requirements for Watches Containing Tritium (PRM-32-04), Part 32.14--Rm#423--RES-C3MP-08 . . . . 44 Alternative Criteria For Non-Profit Entitias and Alternative Financial Criteria For Non-Bond Issuing Licensees--RM#408--RES--C3MP--09 . . . . . . . . . 45 Revise Uranium Recovery Financial Assurance Requirements, Appendix A Part 40 Criteria 9--RM#410--RES-C3MP-10 ..........46 Emergency Planning Licensing Requirements For Defueled Nuclear Power Plants,10 CFR 50.54(Q),
Appendix E--RM#435--RES-C3MP-11 . . . . . . . . . . . . . . . . . . . . 46 Clarifications of and Addition of Flexibility to Part 72--RM#438--RES-C3MP-12 . . . . . . . . . . . . . . 47 Geological and Seismological Characteristics of Spent Fuel Storage Systems, Part 72--RM#441--RES-C3MP-13 . . . . . . . 48 Adoption of Part 20 Dosimetry Methodology To Part 72--RM#437--RES-C3MP-14 . . . . . . . . . . . . . . .48 Financial Assurance Requirements For Waste Brokers and Sealed Source Users--RM#480--RES-C3MP-15 ......... .49 LOWER PRIORITY Clarification of Criteria for Uranium Mills and Tailings, Part 40--RM#380--RES-C3LP-01 ...........49 Antitrust Review of Facility License Applications, (Part 50, Appendix L)--RM#427--RES-C3LP-02 . . . . . . . 50 Modify The Financial Assurance Requirements For Decommissioned Plants To Eliminate The Need For Unnecessary Financial Assurances, Parts 30, 40, 70, 72--RM#482--RES-C3LP-03 . . . . 50 5
Relief From The Use of Part 35 Requirements For Teletherapy Devices For Non-Human Irradiation, Part 36--RM#479--RES-C3LP-04 . . . . 51 Removal of Obsolete Appendices M, N, 0, and Q From Part 50--RM#483--RES-C3LP-05 . . . . . . . . . . . 51 CATEGORY IVA- ON HOLD Criteria for Extraordinary Nuclear Occurrence, Part 140--RM#51--AB01--RES-C4A-01 . . . . . . . . . . . . . 53 Acceptability of Plant Performance for Severe Accidents; Scope of Consideration in Safety Regulations, Part 50--RM#268--AE38--RES-C4A-02 . . . . . . . . . . . . 53 Alternative Site Reviews, Part 50--RM#313--RES-C4A-04 . . . . . . . . . 54 PRM-20-21 Petitioner / Petition Docket Number:
Keith J. Schiager, Ph.D. , et al .--RM#451--RES-C4A-07 . . . . . . . . . 54 i Distribution of Source and Byproduct Material: Licensing and Reporting Requirements, Parts 32 and 40--RM#292--AE33--RES-C4A-13 . . . . . . . . 54 PRM-50-62 Petitioner / Petition Docket Number:
Nuclear Energy Institute--RM#459--RES-C4A-14 . . . . . . . . . . . . . 54 PRM-50-63 Petitioner / Petition Docket Number:
Peter G. Crane--RM#460--RES-C4A-15 . . . . . . . . . . . . . . . . . . 55 PRM-61-03 Petitioner / Petition Docket Number:
Heartland Operation to Protect the Environment--RM#461-RES-C4A-16 . . . 55 PRM-72-02 Petitioner / Petition Docket Number:
Portland General Electric Company--RM#462-RES-C4A-17 .........55 PRM-35-13 Petitioner / Petition Docket Number:
National Registry of Radiation Protection Technologists (NRRPT)--RM#463-RES-C4A-18 . . . . . . . . . . . . . . 55 PRM-72-03 Petitioner / Petition Docket Number:
Fawn Shillinglaw--RM#464-RES-C4A-19 . . . . . . . . . . . . . . . . . 56 PRM-20-24 Petitioner / Petition Docket Number:
University of Cincinnati--RM#465-RES-C4A-20 . . . . . . . . . . . . . 56 PRM-34-05 Petitioner / Petition Docket Number:
Amersham Corporation--RM#466-RES-C4A-21 . . . . . . . . . . . . . . . 56 6
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PRM-35-14 Petitioner / Petition Docket Number:
IsoStent, Inc.--RM#467-RES-C4A-22 . . . . . . . . . . . . . . . . . . 57 PRM-30-61 Petitioner / Petition Docket Number:
Nuclear Energy Institute--RM#468-RES-C4A-23 . . . . . . . . . . . . . . 57 CATEGORY IVB- ON HOLD Requirements for Possession of Industrial Devices Containing Byproduct Material (Parts 31, 32)--RM#81--AD34--RES-C48-01 . . . . . . 58 Requirements Concerning the Accessible Air Gap for Generally l Licensed Devices (Parts 31, 32)--RM#264--AD82--RES-C4B-02 . . . . . . 59 Revision to Parts 31 and 35, to Address MMP Items--RM#385--RES-C48-03 . . . . . . . . . . . . . . . 59 Revision to Parts 30 and 40, to Address MMP Items--RM#386--RES-C48-04 ...............60 Revise Brachyther apy Procedures, Part 35--RM#406--RES-C48-05 . . . . . 60 Conformance of Part 61 Dosimetry Doses to Revised Part 20--RM#407--RES-C48-06 .............60 Rulemaking on Probabilistic Risk Assessment, Part 52--RM#411--RES--C4B-09 . . . . . . . . . . . . . 61 Addition Of DOE Multi Purpose Canisters, Part 72.214--RM#412--RES-C4B-10 ..............61 Domestic Licensing of Special Nuclear Material-Revision, Part 70 --RM#351--AF22--RES-C48-11 . . . . . . . . . 62 Clarification of Assessment Requirements for Siting Criteria and '
Performance Objectives, Part 60--RM#338--AE40--NMSS-C4B-12 . . . . . . 63 I
Conforming 10 CFR Part 60 to EPA j Standard and NAS Recommendations--RM#430--NMSS--C4B-13 . . . . . . . . 64 >
Revision to Nuclear Power Reactor Decommissioning '
Cost Requirements, Part 50.75--RM#347--AF40--RES-C4B-14 . . . . . . . . 64 I Addition of Radon-222 and Technetium-99 Values to Table S-3 and Revisions Resulting from Consideration of Higher-Burnup Fuel (Part 51)--RM#116--AA31--RES-C48-15 . . . . . . . 65 7
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i l Relief From The Requirements Dealing With The
] Medical Uses of Radiation, Part 35.29d--RM#478--RES-C4B-16 . . . . ._. 66 i Modification of The Definition of Decommiss.ioning, Part 20--RM#481--RES-C4B-17 . . . . . . . . . . . . . 66 l Specific Domestic Licenses of Broad
. Scope For Byproduct Materials, Part 20--RM#448--NMSS-C4B-18 . . . . . . 67 Transfer of Unimportant Quantities of Source or Byproduct
, . Material to Exempt Persons, Part 40.51--RM#447--RES-C4B-19 ...... .68
! Pregnancy and Breast-Feeding Status of Patients, 10 CFR Part 35--RM#310--AE44--RES-C4B-20 . . . . . . . . . . 68
! Revise Part 50.34(f) To Apply To Unknown Future Designs--RM#485--RES-C48-21 . . . . . . . . . . . . . . 69 l
j Licensing Requirements for Senior Reactor Operators Limited to Fuel Handling, Part 55--RM#486--RES-C48-22 . . . . 69 l.
General Domestic Licenses For
} Byproduct Material, Part 31--RM#487--RES-C4B-23 . . . . . . . . . . . . 70 f
CATEGORY V- DROP Petition For Rulemaking From U.S. Department of Energy on Packaging and Transportation of Radioactive Materials, Part 71.63--PRM-71-11--NMSS-C5-02 . . . . . . . 71
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l Elimination of Inconsistencies Between NRC Regulations !
and EPA HLW Standards (Part 60)--RM#79--AC03--W#840171--RES-CS-06 . . . 71 Distribution of Source and Byproduct Material: Licensing and Reporting .
Requirements, Parts 32 and 40--RM#292--AE33--W#940069--RES-C5-09 , . . 72 Criteria for Extraordinary Nuclear Occurrence, Part 140--RM#51--AB01--W#810014--RES-C5-10 ....... . 72 f Safe Concentration For Possession of SNM in Contaminated Soil--RM#409--NMSS-C4B-11 . . . . . . . . . . . . . 73 l
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CATEGORY I- ACTIVE RULES, IN DEVELOPMENT /BEING COMPLETED
! THOSE RULES THAT HAVE BEEN JUDGED TO BE NEEDED BY THE USER OFFICE i AND HAVE BEEN APPROVED BY THE EDO AND ARE CURRENTLY IN PROGRESS.
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! HIGHER PRIORITY RES-C1HP-02 License Renewal for NPPs: Scope of Environmental Effects (Part 51)--RM#256--AD63--W#900072 OBJECTIVE-- The proposed rule would amend the Commission's regulations to establish new requirements for environmental review of applications for renewal of nuclear power plant operating licenses. The proposed rule would
, define the number and scope of environmental issues that would need to be addressed as part of a license renewal application. Also the. generic findings will be used in plant specific reviews thereby reducing the level of effort required to prepare and review license renewal applications.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- The Regulatory Impact Analysis shows that the rule will provide a net saving to industry and the NRC. In addition, the rule is expected to contribute to regulatory stability in the license renewal process.
Recommendation to Proceed-- Yes The staff believes that the rulemaking should continue. A draft of the final rulemaking package was sent to the EDO on December 22, 1995. The final rulemaking package was sent for Commission approval, SECY-96-035, on 02/09/96. Commission SRM on SECY-96-035 dated 04/17/96 and 05/08/96 approved issuance of an interim final rulemaking to be published for public comment for 30 days. The intrim final rulemaking was published for comment on June 5, 1996 (61 FR 28467). Public comment period has been extended for an additional 30 days.
RES-C1HP-04 Codes and Standards for Nuclear Power Plants (ASME Code,Section XI. Division 1. Subsection IWE and Subsection IWL) (Part 50)--RM#136--AC93 OBJECTIVE-- The proposed rule would incorporate by reference Subsection IWE,
" Requirement.i for Class MC Components of Light Water Cooled Power Plants," and Subsection IWL, " Requirements for Class CC Concrete Components of Light-Water Cooled Power Plants," of Section XI (Division 1) of the American Society of
- Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code). This final I rulemaking will ensure that containment. structures at operating nuclea power j plants continue to maintain wall design thicknesses and prestressing 'es t sufficient to resist design loadings.
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There have been sixty-one separate occurrences of degradation in operating containments. One-fourth of all containments have experienced corrosion, and nearly one-half of concrete containments have reported degradation related to the concrete or the post-tensioning systems. There have been cases where thickness measurements of the containment walls revealed areas where the wall thickness was below the minimum design thickness. The NRC Regional Offices surveyed licensees in 1990 and determined that there is a large variation with regard to the performance and the effectivene s of containment inspections.
Inspections are being performed, but in general, these inspections are not being conducted in a manner that will detect many of the types of degradation that have been reported. As a result of the rate of occurrence of denradation in containments, the extent of containment degradation, and the apparently limited effectiveness of containment examinations, the staff has determined that more specific ISI requirements are needed to ensure compliance with GDCs 16 and 53 and Appendix J.
TYPE-- SAFETY ENHANCEMENT .
COST / BENEFIT-- There will be t ;ost savings to the staff because the staff will not have to develop cohtcinment ISI requirements and review individual licensee corrective action plans on a case-by-case basis. A determination has been made, based upon the Documented Evaluation required by 5 50.109, that the final amendment is necessary to ensure that the critical areas of containments .
are periodically inspected to detect defects that could compromise the i containment's pressure-retaining and leak-tight capability. Safety will be strengthened and compliance with the intended defense-in-depth protection afforded by containment will be further assured during term of OC and ,
potentially for term of license renewal.
Recommendation to Proceed-- Yes The staff believes that the rulemaking should continue. The final rulemaking package will be sent to ED0 for approval on March 5, 1996. The final rulemaking was sent to the Commission, SECY-96-080, for approval on April 16, 1996. Commission SRM dated May 22, 1996 approved the final rulemaking. ED0 signed the final rule on June 13, 1996, awaiting OMB clearance before being published.
NRR-C1HP-06 Design Certification for Advanced Boiling Water Reactor (ABWR)
AND SYSTEM 80+ (Part 52)--RM#366--AE87--W#910065 OBJECTIVE-- The proposed rulemaking will amend the Commission's regulations by providing a standard design certification for the U.S. Advanced Boiling Water Reactor and the System 80+ designs. Design certification rulemakings are initiated by an applicant for a design certification under the provisions of Subpart B of 10 CFR Part 52. A major purpose of Part 52 was to achieve early resolution of safety issues and to provide a more stable and predictable licensing process.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY 10
CCST/ BENEFIT-- Design certification rules do not establish generic' regulatory requirements unlike other rulemakings. Therefore, a formal cost / benefit analysis is not needed. However, if they are referenced for use by more than one combined license applicant, the NRC expects enhanced safety and cost-effectiveness to generally result.
Recomendation to Proceed-- Yes The staff believes that the rulemakings should continue. The proposed rulemakings were published for comment on 04/07/95 (60 FR 17902). A public meeting to elaborate on and clarify public ,
comments was held on December 4, 1995. The final rulemaking was published for 30 day public comment period on 04/24/96 (61 FR 18099). The comment period has been extended to July 23, 1996 on May 30, 1996 (61 FR 27027).
RES-C1HP-07 Constraint Level for Air Emissions of Radionuclides (Part 20 )--
RM#377--AF31--W#940209 l OBJECTIVE-- The proposed rule would amend the Commission's regulations to provide a constraint level for air emissions of radionuclides of 10 mrem /yr,
! similar to the program developed pursuant to 10 CFR Part 50 Appendix I for j power reactors. This action will provide a codified regulatory basis for the L Environmental Protection Agency (EPA) to make a legal finding that the NRC t
program provides an ample margin of safety to protect the public and the environment from air emissions of radionuclides. Such a finding would permit EPA to rescind 40 CFR 61, Subpart I, entitled " National' Emission Standards for
- Radionuclides Licensed by the Nuclear Regulatory Commission and Federal Facilities Not Covered by Subpart H" (Subpart I) for NRC licensed facilities l
other than power reactors. This action is expected to be the final step needed to demonstrate to EPA that the NRC program is sufficient to protect the
- public and the environment from airborne radionuclide emissions from NRC l licensed facilities. The elimination of dual regulation that should result is expected to reduce the burden of compliance to our licensees.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADOS FLEXIBILITY COST / BENEFIT-- The cost of this action to NRC licensees should be negligible as they are already demonstrating compliance with the 10 mrem /yr EPA constraint. The benefit to NRC licensees will be that they only have to demonstrate compliance to a single regulatory authority (NRC) and methods for demonstration of compliance will be simplified. The cost of this action to NRC is negligible as the inspection of NRC facilities subject to EPA requirements is being performed by NRC pursuant to the NRC'S ALARA inspection guidance. The benefit to NRC is that continued negotiations with EPA on rescission of Subpart I will not be needed.
l- Recommendation to Proceed-- Yes -The staff believes that the rulemaking should continue. Commission SRM on SECY-95-133 dated November 13, 1995 l
approved issuing proposed rulemaking for prblic comment. The proposed l
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rulemaking was published for comment on December 13, 1995 (60 FR 63984). The l 4
final rulemaking was sent to ED0 for approval on July 15, 1996. l i
RES-ClHP-08 Radiological Criteria for License Termination of Nuclear Facilities (Parts 20, 30, 40, 50. 51, 70, 72)--RM#211--AD65--W#830615 1 OBJECTIVE-- The proposed rule would amend the Commission's regulations
- regarding decommissioning of licensed facilities to provide specific radiological criteria for license termination of lands and structures. These
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criteria apply to the decommissioning of all licensed facilities and facilities subject to the Commission's jurisdiction. These criteria will be used in determining the adequacy of remediation of residual radioactivity resulting from the possession or use of source, byproduct, and special nuclear material. However, they do not apply to sites already covered by a decommissioning plan approved by the Commission before the effective date of
, this rule.
The intent of this rulemaking is to provide a clear and consistent regulatory ,
basis for determining the extent to which lands and structures must be remediated before a site can be considered decommissioned. The NRC believes that inclusion of criteria in the regulations will result in more efficient, less expensive and consistent licensing actions related to the numerous and i frequently complex site remediation and decommissioning activities anticipated now and for the future. The NRC has reassessed the basis for the residual
- contamination levels contained in existing guidance in light of changes in basic radiation protection standards, improvements in remediation and radiation detection technologies, decommissioning experience obtained during the past 15 years, and comments received from workshops held as part of this rulemaking effort.
1 TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY (The original intent of the rulemaking was to codify a performance goal for decommissioning.
. However, unless the rulemaking is changed it may become burdensome for some
- licensees.)
COST / BENEFIT-- The cost of this rulemaking to NRC licensees is not considered significant as they are currently having to demonstrate compliance with a similar limit (other than Uranium and Thorium) without the benefit of consistent, demonstrable standards. The benefit to NRC licensees is that they will be able to better plan for decommissioning during operation as the goals of license termination will be clear. The guidance being provided will assist
- licensees in making decisions about remediation. This guidance should allow NRC licensees to much more effectively prepare for decommissioning.
The cost of this rulemaking to NRC is not insignificant. To date it is estimated that approximately 12.5 FTE and $5.5 million has been spent on this participatory type of rulemaking. However, the cost of individually evaluating each facility requesting license termination is also high. With the expected increase in the number of facilities requesting license 4 12
4
{ termination, it is believed that the costs are justified and will be recovered
- in savings on individual decomissioning actions over the several years ahead.
I Recommendation to Proceed-- Yes The staff believes that the rulemaking should continue. The schedule for the final rulemaking is currently under Comission consideration by SECY-96-082. The final rulemaking schedule may also be impacted because of interactions with EPA and other agencies i
RES-C1HP-11 Codes and Standards for NPP (Part 50)- RM#318--AE26 e
j OBJECTIVE-- The proposed rule would amend the Comission's regulations section ,
, 10 CFR 50.55a, Codes and Standards, that mandates use of Section III of the ASME Boiler and Pressure Vessel Code (ASME BPV Code) for construction of Class i 1, 2, and 3 components in nuclear power plants, and use of Section XI of-the
those components. Section 50.55a requires that each licensee. update its ISI and IST programs every 120 months to the latest edition of the ASME BPV Code f endorsed by the NRC in that section of the regulations.
l Using cost-beneficial licensing action '(CBLA) evaluation, NRR has determined i that cost savings could be realized by licensees without adversely affecting j safety by establishing a baseline edition of the ASME BPV Code, and
! programs. The staff would endorse the use of provisions in later editi es and
! addenda of the ASME BPV Code for voluntary use by licensees, and would backfit j only those Code changes that can be supported by analysis that comportr with
- the intent of 10 CFR 50.109, Backfittina. The rulemaking would include the
! first such justified backfit for the expedited implementation of Section XI
- Appendix VIII, Performance Demonstration for Ultrasonic Examination Systems.
The backfit is considered to be necessary to improve the effectiveness of
. ultrasonic examinations. In addition the rulemaking would, for the first
! time, incorporate by reference the ASME Operation and Maintenance (0M). Code to replace the Section XI requirements for IST (Note: The latter action is made
! necessary by the ASME directive that transferred all responsibility 'for IST l from Section XI to the ASME Operation and Maintenance Comittee.)
) TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADOS FLEXIBILITY COST / BENEFIT-- Elimination of the requirement to update ISI and IST programs j .every 120 months will significantly reduce licensee costs because they will no i longer be required to revise their programs, modify procedures, submit the revised program for staff review, and accomodate staff recomended changes in the revised program on a case specific basis. The staff will save time and i effort because it will no longer have to review the 120-month updates. In 4
addition, since there will-no longer be a mandated change to later editions and addenda, there will be fewer relief requests over a plant's lifetime,
- which will save the licensees considerable effort in their preparation, and by
- the staff in the review and approval process. The staff will only mandate
}
as requirements those provisions of the ASME Code that can be supported by a
[
1 13 L
j -. ,
i 1- 1 1
requires that all editions and addenda of the ASME BPV Code be implemented in their entirety.
l This amendment presents an opportunity for savings without adversely impacting the safe operation of the nuclear power plants and is considered a reduction in regulatory burden based on the expected cost savings to the licensees.
) Because the later editions of the ASME Codes do not frequently contain safety- l i
significant changes, and because the NRC would impose only those Code changes that significantly impact safety or are cost-beneficial without effecting :
- j. safety, the safety of the public would not be compromised. 1 Recommendation to Proceed-- Yes The staff believes that the rulemaking should
. continue.
i l
AE00-C1HP-12 Reportina Reliability and Availability Information For Risk- l
- Sionificant Systems and Eauipment. PART 50.76--RM#414--AF33--W#940180 !
OBJECTIVE-- The proposed rule would amend the Commission's regulations in
, 10 CFR Part 50 to require that licensees for commercial nuclear power reactors j report summary reliability data for risk-siginificant systems and equipment to
- the NRC. This-will help the NRC to move towards risk-informed performance j based regulation and to improve the regulatory process via: (1) more risk-
- effective safety decisionmaking, (2) more efficient focus on use of agency resources, and (3) reduction in unnecessary burdens on licensees.
i TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY E
COST / BENEFIT-- Present net worth of NRC and Licensee costs is estimated at $80 g million. Benefit estimates are largely qualitative because it is difficult to ascribe specific benefits to data collection alone, apart from the overall
, process of moving towards risk-informed performance based regulation.
Regardless, the benefits appear to clearly outweigh the costs. For example,
- saving only 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> per year of plant unavailability would outweigh the j average plant's annual recurring cost of $72,000.
Recommendation to Proceed-- Yes The staff believes that the rulemaking i should continue because reliable information is needed to improve the
) regulatory process. This will provide substantial net benefits in the long run, including a reduction in unnecessary regulatory burdens. A general
- deferral would be recommended only if the industry begins to supply i information voluntarily. Commission SRM on SECY-95-215 dated 10/24/95 1 approved publication of the proposed rulemaking for public comment. The proposed rulemaking was published for comment in the Federal Register on
, February 13, 1996 (61 FR 5318). The draft regulatory guide was noticed for '
comment in the Federal Register on May 2, 1996 (61 FR 19645).
4 RES-C1HP-13 Criteria for the Release of Patients Administered Radioactive
, Material (Parts 20. 35)--RM#291--AE41--W#920203 14 J
)
i
j, .
l l OBJECTIVE-- The proposed rule would amend the Commission's regulations to revise the patient release criteria contained in.10 CFR 35.75, and the applicability of the dose limits for members of the public in 10 CFR 20.1301.
The Commission has received three petitions for rulemaking, PRM-20-20, PRM-35-10, and PRM-35-11. Concern was expr,essed that the fivefold reduction rate in the public dose limit (5 to 1 mSv y' ) might lead to a fivefold reduction in the exposure rate and activity criteria for patient release. Consequently, patients _might have to remain in hospitals for a longer period of time and that patients now treated on an outpatient basis would have to be hospitalized. The new criteria for patient release are dose-based rather than activity based and are consistent with the recommendations of ICRP and NCT.
Licensees may authorize a patient's release if the total effective dose equivalent to any other individual (including a breast-feeding infant) from !
exposure to the released individual is not likely to exceed 5 millisieverts '
(0.5 rem).
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- The regulatory analysis, NUREG-1492, found that the 5 millisieverts (0.5 rem) criterion, would result in shorter periods of hospitalization, and therefore, a significant reduction in medical costs.
Also, significant psychological benefits to patients and families would be ,
realized, outweighing the estimated increase in societal dose of about i 2,700 person-rem, largely to household members. j Recommendation to Proceed-- Yes The staff believes that the rulemaking ;
should continue. The final rulemaking package was sent to the Commission, 1 SECY-95-286, for approval on November 30, 1995. The final rulemaking package was returned on December 22, 1995 and was revised to assure that the regulatory analysis is consistent with the new regulatory analysis guidelines.
The final rule was resent to the Commission, SECY-96-100, for approval on ;
05/08/96.
NMSS-C1HP-16 Desian Basis Events. Part 60--RM#179--AD51--W#890183 OBJECTIVE-- The proposed rule would amend the Commission's Part 60 regulations to clarify preclosure regulatory requirements for high-level waste geologic repositories. Several issues associated with preclosure regulatory requirements have been raised due to different interpretations of the
-rulemaking record for 10 CFR .oart 60. These involve: (1) the lack of clearly prescribed requirements for the establishment of a preclosure controlled area !
intended to protect public health and safety in the event of a postulated I radionuclide release; and (2) the definition of structures, systems, and components important to safety for which certain design and quality assurance criteria apply. The proposed rule deals only with prelicensing repository designs, and is not affected by the National Academy of Science report on the i technical bases on Yucca Mountain Standards, which deals with post-closure '
issues. Interpretative guidance is needed from NRC on these matters to enable i the U.S. Department of Energy (D0E) to proceed with the development of a 15
j .- .
. the U.S. Department of Energy (DOE) to proceed with the development of a' proposed design for a geologic repository. The proposed rule grants in part, and denies, in part, a DOE petition for rulemaking of April 19, 1990.
i TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- In the near term, NRC will be required to expend resources to complete and implement this rule. However, the proposed rule would provide I clear direction to DOE and reduce the potential for future extensive NRC staff involvement to resolve design deficiencies affecting licensing, and would eliminate regulatory uncertainties that could be the basis for future legal contention or ambiguities facing a licensing board. Although some impacts to DOE's program occur, the proposed rule is not unexpected and is very similar to DOE's 1990 petition for rulemaking. The prescribed design requirements have been fully considered in DOE's system design. Impacts to DOE are, therefore, expected to be compensated for by resolution of identified uncertainties and greater consistency among NRC regulations and their interpretation. NRC. resources would, therefore, be conserved in the long term and there would be greater assurance of completing the licensing hearing within the mandated time frame. "No action" by NRC could result in significant expenditures of DOE and NRC staff and monetary resources at a later date.
The rule should enhance worker and public safety during those DBEs expected to occur one or more times during the operational phase of the repository, and during those unlikely, DBEs by establishing requirements for a "preclosure-controlled area" boundary for the geologic repository operations area as well as dose guidelines affecting the public at or beyond that boundary. I Recomendation to Proceed-- Yes The staff believes that the rulemaking should continue. The rule appears to be the best option to provide DOE with the regulatory criteria to proceed with the design of the HLW repository and provide necessary protection of worker and public health and safety. As stated above, "no action" by NRC could result in significant expenditures of DOE and NRC' staff and monetary resources. The final rulemaking was sent for Commission, SECY-96-136, approval'on June 24, 1996.
RES-C1HP-18 Addition of 10 CFR 20.2205. Unauthorized Use Of Licensed Radioactive Material--RM#429--AF44--W#950124 OBJECTIVE-- The Nuclear Regulatory Commission (NRC) is proposing to add a new requirement for licensees to notify the NRC Operations Center of any diversion of licensed' radioactive material from its intended or authorized use. The proposed rule would require licensees to notify the NRC as soon as possible of i such incidents, that are either intentional or allegedly intentional, or where the licensee is unable within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> of discovery, to rule out, that the use was intentional. The proposed rule would require reporting of events that could lead to an exposure of individuals whether or not the exposure exceeds the regulatory limits.
16
4 1-I TYPE-- SAFETY ENHANCEMENT j . COST / BENEFIT-- The costs to licensees of the proposed rule, if adopted, could be estimated as follows. Based on the past experience, the number of events
- - that would be affected by this rule is expected to be rare. The number of such events is estimated at 20 per year. The NRC further estimates that 20 i hours would be required to determine the cause of the event, prepare the
} report, complete management review, and make a telephone call to the NRC
! Operations Center. The total estimated burden to all licensees would be 1 400 hours0.00463 days <br />0.111 hours <br />6.613757e-4 weeks <br />1.522e-4 months <br /> per year. Assuming administration and labor costs of approximately
$116 per hour, the total cost would be about $46,400 per year.
l Recommendation to Proceed-- Yes The staff believes that the rulemaking l
! should continue. The proposed rulemaking will not have an adverse effect on !
l licensees subject to this rule. .The proposed rulemaking was sent to the ,
f Commission, SECY-95-275, for approval on November 21, 1995. Commission SRM I i dated 12/19/95 approved publishing proposed rulemaking for comment. The j
- proposed rulemaking was published for comment on 01/31/96 (61 FR 3334). The 1
- final rulemaking was sent for ED0/ Commission approval on August 1,1996. )
t 1 I
NRR-C1HP-19 Steam Generators--RM#394--AF04--W#940048 OBJECTIVE-- The steam generator rule is being proposed to resolve the
- following problems: Out-of-Date Criteria due to improved technology.(e.g.,
! nondestructive testing, data acquisition capability), changes in degradation i- mechanisms, and operating experience gained in the last 20 years, the current i regulatory criteria applicable to steam generator (SG) tube integri".1 are out l of date; Overly Conservative Repair Criterion the 40% through-wall (TW) steam
! generator repair tube limit that is typically incorporated into plant
- technical specifications, has been applied, in the absence of any other repair
- criteria, to all, forms of steam generator tube degradation. Although the 40%
i TW depth criterion for steam generator tube repair is a good criterion for tube wastage (i.e., steam generator tube wall thinning), it is generally
- overly conservative for many other forms of steam generator degradation such 2 as pitting or stress. corrosion cracking; NDE Limitations associated with current nondestructive examination technology for detection, 1 l as well as, the limited capability to accurately size crack depths for '
- degradation such as ODSCC make it impossible to practically implement or
- comply with the current 40% TW depth repair limit. As a result, licensees are 4 4
generally forced to plug or sleeve indications as soon as they are detected;
- i. Inflexibility the current criteria do not readily allow licensees the
. flexibility to manage different types of steam generator tube degradation.
Licensees must either use the 40% TW repair criteria for all forms of degradation or submit a plant-specific technical specifications amendment for staff approval to enable the use of more appropriate repair criteria that consider the structural integrity implications of the given mechanism; 4
Overly' Conservative Dose Calculation the radiological dose calculation i assumptions .for accident analysis are overly conservative, as indicated by
- data that have become available since the methodology of the Standard Review 17
, ..se , -- -. .- ,,.n -
Plan was developed; and Leakage Requirements there are no requirements for instrumentation for monitoring steam generator leakage, although such instrumentation is widely used and has improved significantly in recent years.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILI1Y, COST / BENEFIT-- Implementation of the rule will increase costs associated with:
developing and implementing a SG program for each licensee; and use of more comprehensive inspection procedures increases inspection costs, although use of alternate repair criteria necessitates improved inspections and extends the life of SGs. Implementation of the rule will reduce the following costs:
allowing use of alternate repair criteria will reduce costs that licensees incur with continuing with the use of the 40% TW overly conservative repair criteria and will reduce tube repair and associated costs including long term costs associated with unit derating and potential shutdown for some plants; and long term resource expenditures for both the staff and industry associated with SG inspection Benefits: rule will implement better inspection techniques-
-safety enhancement; rule will implement more restrictive leakage limits-- l' safety enhancement; rule will implement a more flexible framework providing incentives for using better NDE technology--safety enhancement; and rule will reduce regulatory uncertainty that results from the current ad hoc approach.
Recommendations to Proceed-- Yes An advanced notice for proposed rulemaking I (ANPRM) was published in the Federal Register on September 19, 1994, inviting j comments, advice, and recommendations from interested parties on the proposed steam generator rule. The public comments submitted in response to the ANPRM l indicate agreement'with the staff that rulemaking is the preferred regulatory approach for resolution of current problems associated with steam generator tube integrity. The staff believes that the rulemaking effort in SECY-95-131 to develop and issue for public comment a proposed rule and an associated regulatory guide should be continued. A revised schedule for the proposed rulemaking was provided to the Commission in a memorandum dated May 20, 1996.
1 I
RES-ClHP-RO Revise Reciprocity Provisions For Agreement State licensees in Areas of Exclusive Federal Jurisdiction, Part 150.20--RM#209--AF49--W#950039 OBJECTIVE-- The proposed rulemaking would amend the Commission regulations to clarify and promulgate more definitive requirements on the handling of reciprocity matters for Agreement State licensee activities in areas of exclusive Federal jurisdiction. Current regulations do not provide provisions for Agreement State licensees to conduct activities in areas of exclusive Federal jurisdiction within Agreement States. By amending the regulations, the NRC would correct this oversight and could reduce licensing burdens by eliminating a need to license Agreement State licensees individually. It would also clarify our inspection and enforcement bases.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY 18
.. ._ _ - - - . - = . . - . . . ..
COST / BENEFIT-- NMSS and OSP have placed a high priority on completion of this rule. It is expected that the proposed regulatory action could reduce NRC and licensee burden by use of expanded reciprocity provisions. The time needed to develop and implement the revisions is estimated to be less than one FTE.
Recommendation to Proceed-- Yes the staff believes that the rulemaking should proceed. The rulemaking plan was sent to the Commission, SECY-95-310, for approval on 12/28/95 using Management Directive 6.3 process. Commission SRM dated 02/09/96 approved the rulemaking plan. The proposed rulemaking was sent for office concurrence on 03/21/96. Approval to published the proposed rulemaking for public comment was signed by ED0 on June 7, 1996. The proposed rulemaking was published on June 18, 1996 (61 FR 30839).
l 1
1 RES-C1HP-21 Reduction In Nuclear Power Reactor Security Requirements l Associated With Insider Threat (Part 73.55)--RM#405--AF11--W#950117 OBJECTIVE-- The proposed rule would amend the Commission's regulations by updating the requirements for the physical security of nuclear power reactors.
The proposed rule will reduce the regulatory burden without compromising physical protection against insider threat by revising or eliminating requirements in five areas: key controls for access to vital areas, maintenance of access lists for vital areas, response to vital area doors, search requirements for on-duty guards, and requirements for vehicle escort.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY l
COST / BENEFIT-- It is expected that the licensees will realize cost savings, I with no reduction in health and safety.
Recommendation to Proceed-- Yes The staff believes that the rulemaking The rulemaking plan was sent for ED0/ Commission approval on should proceed.
05/09/96 using Management Directive 6.3 process. The rulemaking plan was sent for Commission approval, SECY-96-105, on 05/14/96. The rulemaking plan was approved by Commission SRM dated June 11, 1996. The proposed rulemaking was sent for office review on July 5, 1996.
RES-ClHP-22 Safeguards for Spent Nuclear Fuel or High-level Radioactive Waste. (Parts 60, 72, 73. 75)--RM#346--AF32--W#930128 OBJECTIVE-- The proposed rule would amend the Commission's regulations to clarify safeguards requirements for spent nuclear fuel or high-level radioactive waste (HLW) stored at independent spent fuel storage installations, power reactors that have permanently ceased reactor operations, monitored retrievable storage installations, and geologic repository operations areas. This action is necessary to reduce the regulatory uncertainty regarding the safeguards requirements for the storage of spent nuclear fuel and high-level radioactive waste without reducing the level of protection for public health and safety.
19
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The proposed rule: (1) Addresses a safeguards issue; (2) Has potential for reducing regulatory burden; and (3) Will improve efficiency of licensing.
Currently, the Commission's regulations addressing the storage of spent
, nuclear fuel or high-level radioactive waste (HLW), 10 CFR Part 72, " Licensing l Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste," refer the applicant or licensee to "... applicable l
requirements of Part 73..." for requirements for physical protection.
However, Part 73 does not identify any physical protection requirements as specific to the storage of spent nuclear fuel or HLW. In practice, affected facilities are being licensed using selected portions of 10 CFR 73.50 and 73.55 and interim licensing criteria as guidance. In addition, the Commission's~ requirement for the safeguards of HLW and spent nuclear fuel at the Department of Energy's (DOE) geologic repository is that 00E provide
...such safeguards as it requires at comparable surface facilities..."
For DOE's geologic repository operations area, 10 CFR Part 60 does not currently specify the physical protection and safeguards requirements that DOE must meet. Simply stated, the requirements are that DOE: 1) certify that it will provide the same safeguards as DOE requires at comparable DOE surface facilities; and 2) provide a description of the physical security plan. Also, 10 CFR Part 60 does not provide specific requirements that establish what the safeguards and physical protection plans must contain to be acceptable. When the staff attempted to develop individual review plans that it could use to !
evaluate the requirements in 10 CFR 60.21(b)(3) and (b)(4), it found that the I existing requirements were sufficiently ambiguous that review criteria could not be written. For these reasons, Part 60 needs to be revised to specify the ,
safeguards and physical protection requirements that are acceptable to the l Commission. Moreover, by defining the requirements more clearly in advance of l the submission of a lb ense application, opportunities for timely public review and comment may be enhanced.
In licensing (under Part 72) the storage of spent nuclear fuel or HLW at an ISFSI or a power reactor that has permanently ceased reactor operations, the l NRC staff has had to sort through the many safeguards requirements of Part 73 to choose appropriate safeguards requirements, and impose those requirements through license conditions. This rulemaking is needed to codify existing practice for the safeguarding of stored spent nuclear fuel or HLW and provide a consistent set of requirements for future licensing.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- The original intent of the proposed requirements was to clarify and codify the existing regulatory practice with no additional burden placed on current licensees. The NRC would derive a cost savings through a more efficient licensing process providing a basis for future licensing actions. However, a number of those commenting on the rule contend that the costs of some of the proposed safeguards measures were too high when considered in terms of the degree of safeguards protection they would provide.
Based on these comments, the costs and benefits of the proposed rule are being re-evaluated. Also the possibility of a more performance-based approach is being considered to maximize flexibility.
l 20
l l Recommendation to Proceed-- Yes The staff believes that the rulemaking
! should continue. The proposed rulemaking was published for comment on l 08/15/95 (60 FR 42079). A Commission paper will be sent to seek direction l from the Commission on cost reduction options developed by the staff to l
respond to the industry comments on the proposed rule, also whether to revise and republish the rule as performance based with a Reg Guide or fix the l proposed rule, address the opposing comments, and publish the rule as final.
On the basis of the vehicle bomb study and the cost options, the Commission
! paper will present the following issues: (1) what is a resonable level of protection for ISFSIs, (2) to what degree must there be human invlovement in monitoring the ISFSI, and (3) should barriers be erected to proect against vehicle bombs.
MEDIUM PRIORITY RES-CIMP-01 Reactor Site Criteria: Including Seismic and Earthauake Engineering Criteria for Nuclear Power Plants (Parts 50,52,100)--RM#267--AD93-
-W#900200 OBJECTIVE-- The proposed rule would amend the Commission's regulations to update the criteria used in decisions regarding power reactor siting. The proposed rule will improve regulatory flexibility by accommodating Early Site Reviews under Part 52 as well as to permit the use of improved accident source terms, to harmonize the dose acceptance criteria to be in accord with current radiation protection guidance and to incorporate improved knowledge gained in the earth sciences and earthquake engineering and will also respond to Petition For Rulemaking PRM-50-20 filed by Free Environment, Inc., et al.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- The overall cost associated with revising the non-seismic areas are neutral. The overall cost associated with the geosciences aspects of the proposed rule are reduced overall because of anticipated improvement in the licensing process. The revision is expected to increase the time for site approval but is expected to be beneficial overall by reducing time and costs at the OL or COL stage by avoiding licensing delays. The technical underpinning for improved accident source term determinations and timing of release is available for use by existing LWR licensees (on a voluntary basis) and allows for flexibility for OLs to achieve further reductions in plant equipment requirements and testing operations.
Recommendation to Proceed-- Yes The staff believes that the rulemaking should continue. The final rulemaking was sent to ED0 for approval on May 23, 1996. The final rulemaking was sent to the Commission, SECY-96-118, for approval on May 24, 1996. Commission SRM dated July 2, 1996 requested clarification with respect to emergency planning requirements and an updated l source term application for operating plants.
I j 21
I RES-CIMP-04 Radiography and Radiation Safety Requirements for Radiographic l Operations (Part 34)--RM#287--AE07--W#910033 l l OBJECTIVE-- The final rule would amend the Commission's regulations on l licenses for radiography and radiation safety requirements for radiographic
! operations. The final rule would revise 10 CFR Part 34 to clarify the j requirements in part 34.27 and conform it with the approach developed by the Conference of Radiation Control Program Directors, Inc. (Part E of the
" Suggested State Regulations for Control of Radiation"), and the State of Texas in Part 31 of the Texas Regulations for Control of Radiation. This i final rule would also respond to a petition for rulemaking from International Union of Operating Engineers - Local No. 2 (PRM-34-04).
TYPE-- SAFETY ENHANCEMENT COST / BENEFIT-- While the final rule will result in no increase in cost for most NRC licensees, there will be some additional cost for a few. One of the new provisions, the requirement that two qualified individuals be present when radiography is performed at temporary jobsites, could cost some NRC licensees between $69,000-$454,000 projected over 10 years, depending on the number of individuals that would need to be hired.
Recommendation to Proceed-- Yes The staff believes that the rulemaking l should continue. The final rulemaking package was sent to ED0/ Commission for approval on 01/24/96' COMSECY-96-006, requested early Commission consultation on the Part 34 rulemaking. Commission SRM dated April 26, 1996 approved adoption of the two-person requirement option along with supporting regulatory analysis. The final rulemaking was resent to the Commission, SECY-96-152, for approval on July 3, 1996.
NRR-CIMP-06 General Revisions to the Fitness-For-Duty Rule. Part 26--RM#397--
AF12--W#890042 OBJECTIVE-- The proposed rule would amend the Commission's fitness for duty (FFD) regulations based on experience gained. This proposed rule would also address the petition for rulemaking from Virginia Electric and Power Company (PRM-26-1) to reduce the frequency of audits to biennially, and address the Regulatory Review Group items on audit frequency and annual submittal of data.
The proposed revisions were previously submitted to the Commission as SECY 308 but were withdrawn by the ED0 because of backfit issues. The Commission requested that the proposed amendments be resubmitted after the backfit issues are resolved. The Commission subsequently approved the revised rulemaking package. The proposed rule would also reduce regulatory burden, improve the effectiveness of licensees' FFD programs at little or no cost, adopt changes made to the HHS guidelines and address legal, technical, and policy issues, such as the Americans With Disabilities Act TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY l 22
COST / BENEFIT-- Industry burden would be reduced by about $40 million per year.
The proposed rule would enhance the ability of licensees to deter and detect substance abuse and remove unfit workers. The is expected to provide an incremental increase in safety relative to the FFD safety requirements previously approved by the Commission.
Recommendation to Proceed-- Yes The staff believes that the rulemaking should be completed as expeditiously as possible. Significant improvements in effectiveness and efficiencies in licensees' FFD programs and reduced burden on the NRC staff would result. The proposed rulemaking package was published for public comment on 05/09/96 (61 FR 21105).
NRR-CIMP-10 Shutdown Operatior.. Part 50--RM#398--AE97--W#920223 OBJECTIVE-- This rule is intended to provide a regulatory basis for the protection of the health and safety of the public during shutdown operation.
It will establish minimum functional requirements consistent with minimizing event occurrence, mitigating events that do occur, and providing defense-in- l depth to assure prevention of core damage and provision of containment l integrity.
l TYPE-- SAFETY ENHANCEMENT COST / BENEFIT-- Planned NRC cost to complete is 1.0 FTE and $65K contract cost.
Preliminary benefit was reported in 59 FR 52707 (October 19, 1994) as a reduction of core damage probability greater than SE-05 per reactor-year for l PWRs and of approximately lE-05 per reactor-year for BWRs. Recalculated core l damage, release, and cost values have been developed, but have not been fully '
evaluated by the staff.
Recommendation to Proceed: Yes The staff believes that the rulemaking should continue. Although such requirements exist for power operation, no comparable rule based requirements are provided for shutdown operation. Further, the staff is in the process of revising the proposed rulemaking to address spent fuel pool operations. Although the staff has previously determined that publig health and safety are adequately protected without this rulemaking, i this assurance presently depends upon voluntary measures to reasonably l minimize public risk. The pressure to relax such voluntary measures will !
likely continue to increase as the trend to shorter and shorter plant outages continues.
l RES-CIMP-12 Minor Amendments to 10 CFR Parts 2 and 51--RM#421--AF43--W#940010 l
OBJECTIVE-- The proposed rule would amend the Commission's regulations Part 2, '
Appendix C and Section 51.10(d) to remove the requirement for licensee response to a Notice of Violation in cases where the staff believes the licensee has already adequately addressed the issue.
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j l TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE l
! COST / BENEFIT-- This rulemaking clarifies the Commission's regulations and will have no cost or burden impact on licensees.
Recommendation to Proceed--- Yes The staff believes that the rulemaking should continue. The direct final rulemaking was sent for Office review on ;
j April 10, 1996.
l ADM-CIMP-13 Protection of and Access to Classified Information for Licensee, Parts 25. and 95--RM#417--AF37 OBJECTIVE-- The final rule would conform NRC policy for the protection of classified national security information at licensee and certificate holder facilities with new national policy directives and initiatives, including the National Industrial Security Program Operating Manual (NISP0M); Executive Order (E0) 12958, " Classified National Security Information"; and E012829,
" Access to Classified Information." The NRC must comply with these Presidential and national policies.
TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- There is little or no cost to NRC (other than the FTE resources to prepare the rulemaking) or licensees / certificate holders from this rulemaking. Some affected organizations may have to modify Part 95 security plans for the protection of classified information, but there should not be any significant or costly security revisions required.
Recommendation to Proceed-- Yes The staff believes that the rulemaking should continue to ensure that NRC conforms with national policies for the protection of classified information. Deferring action would simply delay implementation of policies mandated by the President.
RES-CIMP-14 Deliberate Misconduct Rule, Parts 30, 40, 50, 60, 61, 70, 72, 110)--RM#425--AF35--W#960007 OBJECTIVE-- The proposed rule would amend the Commission's regulations by extending the requirements of the deliberate misconduct rule to apply to the applicants for NRC licenses and certificates of compliance applicants and reciprocity applicants.
l TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE
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I COST / BENEFIT-- It is expected that the rulemaking will not create an additional cost to licensees, however it will be a potential benefit to health and safety.
Recommeridation to Proceed-- Yes The staff believes that the rulemaking l should proceed. The rulemaking plan, using Management Directive 6.3 process, i
was approved by Commission SRM on SECY-96-017 dated February 8, 1996. The proposed rulemaking was sent for office review and comment on 06/03/96.
l ADM-CIMP-15 Criteria and Procedures For Determining Eligibility For Access to l Restricted Data or National Security Information. Parts 10 --RM#431--AF48 OBJECTIVE-- The final rule would conform NRC policy for the protection of classified national security information at licensee facilities with new national policy directives and initiatives, including the National Industrial Security Program Operating Manual (NISPOM); Executive Order (E0) 12958,
" Classified Nationai Security Information"; and E0 12829, " Access to Classified Information." The NRC must comply with these Presidential and national policies.
TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- There is little or no cost to NRC (other than the FTE resources to prepare the rulemaking) or licensees / certificate holders from this rulemaking. There should not be any significant or costly security revisions required.
Recommendation to Proceed-- Yes The staff believes that the rulemaking should continue to ensure that NRC conforms with national policies for the protection of classified information. Deferring action would simply delay implementation of policies mandated by the President.
RES-C1MP-16 Exempt Natural or Depleted Uranium Metal Used In Storage Cask Shielding. Part 40--RM#446 OBJECTIVE-- The proposed rulemaking would exempt natural or depleted uranium metal used in storage cask shielding from the Part 40 general license.
Currently, such use of natural or depleted uranium would be subject to the general license provisions under Part 40 for possession of uranium. The NRC l
currently exempts the use if these materials in shipping containers, subject l to certain conditions. This rulemaking would eliminate the need for multiple j request for exemptions from the general license requirement.
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This rulemaking would also modify the date for submittal of dry cask storage ,
effluent reports. These reports, currently submitted in accordance with 10 l CFR 72.44(d)(3), would be submitted at the same time as similar reports required under 10 CFR 50.36(a)(2) regarding effluents from reactor operations.
TYPE-- OTHER: GENERAL / PROC EDURAL / PROC ESS / ADM IN ISTRATIV E COST /8ENEFIT-- These changes will reduce licensees burden slightly and also simplify licensee procedures.
Recommendation to Proceed-- Yes The staff believes that the rulemaking should continue.
LOWER PRIORITY RES-CILP-05 Revision to 10 CFR Parts 20, 32, 35, 36, a al 39 Regarding Minor Administrative Changes. Clarifications, and a Minor Policy Change--RM#402-- l AF46
, OBJECTIVE-- The proposed rulemaking will amend the Commission regulations to make minor administrative changes and clarifications to 10 CFR Part 20,
" Standards for Protection Against Radiation." The proposed amendments also would conform other 10 CFR Parts with the Commission's revised radiation protection requirements. In addition, a minor policy change is proposed that would revise the monitoring criterion for minors from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) in a year and for declared pregnant women from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) during their pregnancies.
TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- These changes will reduce licensees burden slightly and also simplify licensee procedures.
Recommendation to Proceed-- Yes The staff believes that the rulemaking should continue. The proposed rulemaking was sent for office review on 02/12/96.
RES-CILP-07 Safeguards f3r_ Spent Nuclear Fuel or High-Level Radioactive Waste (Parts 60, 72, 73, 751--RM#346--AF32--W#930128 THE PRIORITY FOR THIS RULEMAKING HAS BEEN CHANGED TO HIGH----SEE ClHP-22 RES-CILP-12 ' Allow For Plant Specific Nuclear Power Reactor Decommissioning Costs Requirements, Part 50.75--RM#347--AF40--W#950111 THE PROPOSED RULEMAKING HAS BEEN PLACED ON-HOLD-----SEE CATEGORY IVB C4B-14 26 l
RES-CILP-13 Revision to Nuclear Power Reactor Decommissioning Financial' Assurance Implementation Requirements, Part 50.2 and Part 50.75--RM#424--AF41-
-W#950112 OBJECTIVE-- This advanced notice of proposed rulemaking would request comments on modifying the financial mechanism required to provide decommissioning funds when needed because the impact of deregulation of the power generating industry has created potential uncertainty with respect to the availability of decommissioning funds when needed. The ANPR would also seek comment on the rulemaking allowing licensees to take credit for earnings on their trust funds during an extended safe storage period. Lastly, comment would be sought on requiring periodic reporting to monitor compliance with decommissioning funding assurance regulations by power reactor licensees.
TYPE-- BURDEN REDUCT!dN/ REGULATORY REFORM / ADOS FLEXIBILITY l COST / BENEFIT-- For those non-rate setting licensees that would attempt to qualify for a parent company or self-guarantee, the staff estimates 8 to 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> would be needed to complete the financial test documents. The burden on the NRC to review these documents would be approximately 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> per licensee.
If the NRC imposed a periodic reporting requirement (e.g., every 3 years) on the status of decommissioning funding assurance, the staff estimates that
, licensees would submit approximately 100 reports every 3 years, or an average of 33 reports each year. The impact on licensees would be in copying and transmitting information they already have, which staff estimates to be
! approximately 2 staff-hours per licensee or 66 staff-hours annually.
- It should take approximately 1 NRC-staff hour on average to review and analyze each report. An annual summary report based on the submissions current up to that year should require approximately 8 NRC-staff hours to prepare and I disseminate. No contractor effort should be needed. Thus, total NRC staff I effort should be about 41 staff-hours annually (i.e., 33 reports x 1 NRC-staff hour + 8 NRC-staff hours) for a decommissioning fundirg status report. Using FASB information would entail similar staff effort.
Recommendation to Proceed-- Yes The staff believes that the rulemaking should continue. The rule plan was approved by the ED0 on September 1, 1995. l Commission SRM on SECY-96-030 dated 03/27/96 apprcved the ANPR. The ANPR was published in the Federal Register on 04/08/96 (61 FR 15427). The comment period has ended and the staff is evaluating 41 comments recieved to date. l IRM-CILP-17 Submittal procedures For Documents, Parts 19, 20, 30-36, 39, 40 2 51, 52, 55, 60-62, 70-75, 140, 150--RM#445 sBJECTIVE-- The objective of this rulemaking is to establish standardized procedures for use by licensees and applicants when submitting applications, reports, and other written communications to the NRC. It would require that the signed original of licensee submittals and reports be addressed to the 27
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l Document Control Desk. Copies would also be sent to the Regional 1 Administrator and the NRC Resident Inspector, if appropriate.
The current regulations are not consistent in the instructions given to 1 external entities for submitting licensing related communications to the NRC. '
Currently, submittals may be addressed to an Office Director, an individual i staff member, a Regional Administrator, the Document Control Desk, or various !
l combinations of these addresses. The current regulations also contain outdated references to NRC organizational units that have been renamed or reorganized into different organizations. As a result, there is the increased probability that some communications from licensees may not be captured for ,
placement in the NRC central document management system or properly I disseminated to the NRC staff, official file centers, and the public document rooms.
10 CFR Part 50 document submittals are directed to a central receipt and distribution point, the Document Control Desk. Extending standardized requirements to other 10 CFR parts will enable the Document Control Desk to better control agency records, place documents on the Nuclear Documents System ;
(NUDOCS) before distributing them to intended recipients, and direct official j records to their proper file stations, i l
TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- There would be little or no cost to NRC (other than the FTE resources to prepare the rulemaking) or licensees / applicants from this l rulemaking. The affected licensees and applicants would have to revise their 1 correspondence procedures, but this is expected to be a very minor I administrative burden. '
Recommendation to Proceed: Yes. The staff believes that the rulemaking should l continue to ensure that written communications received from licensees and l applicants are captured for placement in the NRC central document management !
system, and are properly disseminated to the NRC staff, official file centers, I and the public document rooms. Deferring action would simply delay the implementation of improved administrative practices.
I ADM-Nuclear Regulatory Commission Acauisition Regulation (48 CFR Chapter 20)--
RM#475--AF52 OBJECTIVE-- The proposed rule would amend the Nuclear Regulatory Commission i Acquisition Regulation (NRCAR) for the procurement of goods and services l within the NRC to satisfy the particular needs of the agency. The proposed I rule would incorporate streamlining and simplification methods identified under the NRC's Procurement Reinvention Laboratory (PRL) and legislated under the Federal Acquisition Streamlining Act of 1994 (FASA), the Federal Acquisition Reform Act of 1996 (FARA), and the Information Technology Management Reform Act (ITMRA) of 1996.
, TYPE--0THER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE 28 l
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COST / BENEFIT-- It is expected that the rulemaking will not create an additional cost to licensees, however, the proposed rule will simplify processes for small business, non-profit organizations, and universities.
Recommendation to proceed-- Yes The staff believes that this rulemaking should continue. The intent of the FASA, FARA, and ITHRA is to streamline procurement processes within the Federal Government. Implementing instructions are needed for some of these processes. Additionally, under the authority of the NRC's PRL, the procedures in the NRCAR will be streamlined and simplified wherever possible.
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CATEGORY II- TECHNICAL BASIS UNDER DEVELOPMENT DEVELOPMENT OF THE TECHNICAL BASIS IS NEEDED TO SUPPORT THESE RULEMAKING ACTIVITIES PREVIOUSLY APPROVED OR EXPECTED BY EDO OR COMMISSION.
HIGHER PRIORITY RES-C2HP-04 Criteria For Recycle / Reuse--RM#381--W#940059 OBJECTIVE-- Provide a uniform, risk-informed performance based standard for the recycle or reuse of materials and equipment that are radioactively contaminated. The proposed regulation would replace non-codified guidance and )
practices for the restricted or unrestricted release of materials and '
equipment with a uniform, risk-informed performance based standard. The l proposed regulation would provide regulatory relief from the currently used, )
case-by-case practices of applying either Regulatory Guide 1.86 surface contamination values or no detectable activity using environmental measurements methodology. There are no current release levels established generally for volumetrically contaminated materials. The regulation would provide a generic risk-informed performance-basis for the release of slightly I contaminated materials and equipment rather than case-by-case analysis or disposal in a low-level waste facility. .
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / A00S FLEXIBILITY 1
COST / BENEFIT-- The primary benefit anticipated is the cost savings from avoiding costs of low-level waste disposal of the materials and equipment.
Recommendation to Proceed-- YES The staff believes that the rulemaking is )
needcd to complement the radiological criteria for decommissioning rule, but I it should be initiated after the technical underpinnings for risk-informed performance based analyses are in place. However, the staff is preparing a Commission Paper that describes options on the recycle and reuse rulemaking to reflect shifts in EPA's approach to their parallel rulemaking. In any case i the staff will continue to take advantage of the efficiency realized from '
cooperative efforts to develop the technical basis for the recycle rulemaking while the final rulemaking on radiological criteria for license termination is being completed.
RES-C2HP-05 Disposal by Release into Sanitary Sewerage. Part 20--RM#288--
AE90--W#940008 OBJECTIVE-- The proposed rulemaking would amend the Commission's regulations governing the release of radionuclides from licensed nuclear facilities into sanitary sewer systems. The Commission believes that by incorporating current 30
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sewer treatment technologies the contemplated rulemaking would improve the control of radioactive materials released to sanitary sewer systems by licensed nuclear facilities. This rulemaking would also address a petition for rulemaking (PRM-20-22) submitted by the Northeast Ohio Regional Sewer i District. l TYPE-- SAFETY ENHANCEMENT COST / BENEFIT-- To be provided using Management Directive 6.3 process.
Recommendation to Proceed-- Yes The staff believes that the rulemaking is needed after a defensible technical basis has been established. The NRC and EPA are conducting a joint survey of sewage treatment plants in the U.S. to supplement the technical basis for the rulemaking. The agencies anticipate submission of the OMB clearance package for the survey and completion of a trial survey at 9 facilities in September 1996. l MEDIUM PRIORITY RES-C2MP-01 Reduction of Additional Reporting Requirements Imposed on NRC Licensees (10 CFR 50). RRGR Item 59a--RM#387--W#940118 OBJECTIVE-- The proposed rule would amend the Commission's regulations to reduce reporting requirements currently imposed on water-cooled nuclear power reactor, research and test reactor, and nuclear mato tal licensees. The proposed rule would implement an NRC initiative to review its current regulations with the intent to revise or eliminate duplicative or unnecessary reporting requirements.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- No estimates can be developed at this time because user offices (i.e., NRR, NMSS, and AE00) are in process of developing user-need statements concerning which reporting requirements may be affected.
Recommendation to Proceed-- Yes The Commission has endorsed implementation of the RRGR recommendations and the staff believes that the rulemaking is needed.
RES-C2MP-02 Pregnancy and Breast-feeding Status of Patients. 10 CFR Part 35--
RM#310--AE44--W#910129 THIS RULEMAKING HAS BEEN PLACED ON-HOLD----SEE C48-20 31
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l RES-C2MP-05 Exemption from Licensing of Certain Products. Parts 30, 32--
RM#400--W#900208 l OBJECTIVE-- NMSS has requested that a new exemption be established to cover a i number of types of devices that are currently used under specific or general license. Types of products that are considered candidates for exemption include some: electron capture detectors, X-ray fluorescence analyzers, static eliminators, static monitors, beta backscatter gauges, and calibration and reference sources, which meet certain design and safety criteria.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- An exemption would relieve the users of the reporting, recordkeeping, testing and disposal requirements associated with the use of the devices under license. For those now used under specific license, additional technical and financial burdens would be relieved. These burdens may not be appropriate given the low hazards associated with the devices.
Details of costs and benefits have yet to be determined; the potential exposures of the public from exempting these categories of devices is under study.
NMSS also notes that the exempt quantities (130.18) and exempt concentrations
($ 30.14) of byproduct material may need to be made more restrictive. Because of this, NMSS recommends coordinating both of these actions because there are calibration sources exempt under i 30.18, which may be more appropriately covered under the proposed new exemption for devices, and the impact of revising exempt quantities could be minimized with the new exemption. The reason for the difference is that the new exemption would be for specific devices reviewed for safety by the Commission, while the exempt quantities are contained in a broad exemption covering material in any form.
Recommendation to Proceed-- Yes Pending approval using Management Directive 6.3 process, The staff believes that the rulemaking should proceed.
LOWER PRIORITY NMSS-C2LP-02 Safe Concentration For Possession of SNM in Contaminated Soil--
RM#409 THIS RULEMAKING IS BEING TERMINATED------SEE CATEGORY V C5-ll l 32
e CATEGORY III- RULES BEING PLANNED RULES (INCLUDING PETITIONS) THAT ARE JUDGED TO BE NEEDED BASED ON PRELIMINARY ASSESSMENT BY USER OFFICE BUT MUST BE PROCESSED THROUGH NEW PLANNING PROCESS (MANAGEMENT DIRECTIVE 6.3) FOR EDO REVIEW AND APPROVAL.
HIGHER PRIORITY RES-C3HP-04 Amend Certification of Compliance NO.72-1007 For The VSC-24 Dry Spent Fuel Storage Cask. Part 72.214--RM#390 OBJECTIVE-- The proposed rulemaking would revise the Commission regulations to add the modified VSC-24 dry spent fuel storage cask to Part 72.214 so that holders of operating power reactors can use this cask under a general license.
Otherwise holders of power reactor operating licenses would have to obtain a specific license in order to use this cask. The modified cask will store spent fuel with control components. The currently approved VSC-24 cask cannot store spent fuel with control components.
TYPE-- BUP. DEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- The net benefit of the rule to the NRC is that the modified cask would have to be approved only once for use by a number of licensees. If a specific licrrse would be required, the NRC would have to review each ;
license application. For. licensees, the rule would provide another option for the storage of spent fuel under the provisions of a general license.
Recommendation to Proceed-- Yes Pending approval using Management Directive 6.3 process, the staff believes that the rulemaking should proceed. The certification process for dry spent fuel storage cask designs has been codified under Part 72 pursuant to the Waste Policy Act. Accordingly it is expected that this rulemaking amendment will proceed because it will further streamline the cask licensing process.
RES-C3HP-05 Revision of Respiratory Protection Requirements. Part 20--RM#269 )
OBJECTIVE-- The proposed rulemaking would update the Commission regulations by permitting the use of the most current technology to provide respiratory protection. In particular, Appendix A to Part 20, which lists protection factors and certified equipment, does not reflect the current technology or the best practice. The elimination of outdated prescriptive requirements will not introduce new requirements but will reduce licensees burden by providing greater flexibility.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY 33 i
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1 COST],RENEFIT-- To be provided using Management Directive 6.3 process.
1 Recone:endation to Proceed-- Yes Pending approval using Management Directive l 6.3 process, the staff believes that the rulemaking should proceed.
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l RES-C3HP-06 Extremity Dosimetry--RM#146--W#870013 OBJECTIVE-- Commission SRM on SECY-86-360 dated 01/21/87 approved rulemaking to amend 10 CFR Part 20 to require the use of Accredited Personnel Dosimetry Processors (for whole body dosimeters). The Commission also agreed that the rule should be applied to extremity monitors as soon as a suitable performance standard became available.
Whole body dosimetry processing is accredited under the National Voluntary Laboratory Accreditation Program (NVLAP), operated by the National Institute of Standards and Technology (NIST) formerly (NBS), and has been in official operation since February 1988. The testing laboratory utilized by NIST for this work is Battelle Pacific Northwest Laboratories (PNL) at Richland, Washington.
A draft performance standard for extremity dosimeters (HPSSC P/N 13.32) was prepared in June, 1986 by the Health Physics Society at the request of the NRC and has been used for performance testing of extremity dosimeters at PNL under contracts issued by the NRC. As a result of this testing, documented in NRC publications NUREG/CR-4959 (1987), NUREG/CR-5540 (1990) and NUREG/CR-5989 (1993), modifications were made to the draft standard, and a final standard ANSI N13.32 is expected to be published in fiscal year 1996. A final rule will be published approximately two years after its publication.
TYPE-- SAFETY ENHANCEMENT COST / BENEFIT-- Implementation of the final rule will begin within six months of publication. Essentially all licensees subject to NVLAP accreditation of extremity dosimeters will be from among the group of licensees that are now subject to NVLAP accreditation for whole body. dosimeters. At present 72 )
licensees are participating in the whole body program and it is estimated that approximately 30 of these will enter the extremity dosimetry program as soon as it becomes available. Based on an estimated participation in 3 of the 4 categories offered, there will be a biennial cost of approximately $3.2K per (
licensee for the extremity dosimeter testing and administrative fees, plus an additional one-time inspection and assessment fee of $2K for those licensees who choose to initiate the extremity accreditation at a time other than that ,
scheduled for their biennial whole body NVLAP inspection and assessment. This l latter fee will not be assessed on those licensees that merge their 9x'remity testing program into the same time frame used for the whole body testing program. l l
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Reconnendation to Proceed-- Yes The staff believes that the rulemaking is needed. The rulemaking category listing has been changed from Category II to Category III.
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l RES-C3HP-07 Skin Dose Limits For Hot Particles--RM#164--W#9900178 OBJECTIVE-- The rulemaking will establish dose limits and calculational procedures for dealing with the " hot particle" issue (small particles found in nuclear reactors and some material facilities that, because of their high activity and small size, produce high localized doses to the skin). The skin dose limits in the revised 10 CFR Part 20 are not supported by research I results directly applicable to hot particles. Furthermore, there are !
significant differences in the applicable dose limit recommendations of the ICRP and NCRP. Brookhaven National Laboratory is providing the technical basis for the rulemaking by conducting hot particle exposures on live swine skin to establish the threshold dose (s) for ulceration.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- The final dose constraint is most likely to be less restrictive than the conservative interim limit. Therefore both the NRC and its licensees will realize a reduction in the current regulatory burden and improvement in l health and safety. Since the rulemaking process has not yet begun, the details of the costs and burdens to the NRC and its licensees have not been determined.
1 Recommendation to Proceed-- Yes The staff believes that the rulemaking is '
needed. The rulemaking category listing hn been changed from Category II to Category III.
RES-C3HP-08 Power Reactor Facilities Under a Possession Only License. Part ,
50--RM#312--AF16--W#930116 l OBJECTIVE-- The proposed rule would amend the Commission's regulations regarding appropriate relief and insurance coverage for various spent fuel l configurations during permanent plant shutdown. The proposed rule will also '
address a petition for rulemaking from North Caroline Public Utility l Commission (PRM-50-57). I TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- Reduces NRC burden and licensee costs in the review of licensee submittals for determining appropriate licensee exemptions, relief and insurance coverage from regulatory requirements during permanent shutdown based on the spent fuel storage configurations. 4 35 i
l l Recommendation to Proceed-- Yes The staff believes that the rulemaking is needed. The rulemaking category listing was changed from Category II to Category III. The rulemaking plan was sent for office concurrence on 04/25/96 using Management Directive 6.3 process.
l RES-C3HP-09 Update of Decommissionina Fundina Certification Amounts For Applicants and Licensees. Parts 30. 40. 70--RM#243 OBJECTIVE-- The proposed rule will revise the Commissions regulations that would make any necessary adjustments to the certification amounts financial ;
assurance in Parts 30, 40 and 70. The certification amounts will likely need l to be revised upward to account for inflation in decommissioning costs since '
when they were promulgated in 1988. ;
1 TYPE-- OThER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- To be provided using Management Directive 6.3 process.
l Recommendation to Proceed-- Yes The staff believes that the rulemaking is l needed. Support for this rulemaking was contained in a memorandum to the l Commission from J. Taylor, " Response for Recommendation As to Whether l Reexamination of Requirements For Decommissioning Funding For Materials l Licenses Is Appropriate", May ~28, 1993. l RES-C3HP-10 Elimination of 30-Day Delay in Loadina Spent Fuel After Preoperational Testina. Part 72.82(E)--RM#433 QBJECTIVE-- The proposed ruiemaking would shorten or eliminate the 30-day delay for the loading of spent reactor fuel into an Independent Spent fuel Storage Installation (ISFSI) following completion of preoperational testing.
The staff considers the extent of this time delay to be excessive and unnecessary because the NRC has an extensive oversight presence during preoperational testing looking at the acceptance criteria and test results in real time. The staff will propose shortening or removing this requiren.wt.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- To be provided using Management Directive 6.3 process.
Recommendation to Proceed-- Yes The staff believes that the rulemaking l
should proceed. The rulemaking plan was sent for office concurrence on l 07/19/96 using Management Directive 6.3 process.
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RES-C3HP-11 Medical Use of Carbon-14 For The Detection of Helicobacter Pylori. Part 35--Rm#432 OBJECTIVE-- The proposed rulemaking would permit any physician to receive and administer to humans capsules containing one microcurie of Carbon-14 for .
diagnostic testing to detect helicobacter pylori, a bacterium that causes peptic ulcers in the stomach. This proposed rule would also respond to a petition for rulemaking from Tri-Med Specialties, Inc. (PRM-35-12).
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS P eXIBILITY j r
l COST / BENEFIT-- To be provided using Management Directive 6.3 process.
Recommendation to Proceed-- Yes Pending approval using Management Directive 6.3 process, the staff believes that the rulemaking should proceed. ;
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RES-C3HP-12 Storage of Greater Than Class C Waste. Part 72--RM#436 OBJECTIVE-- The proposed rulemaking would expand the scope of Part 72 to include storage of Greater than Class C (GTCC) waste, that is, waste that exceeds the concentration limits in 10 CFR 61.55. It is anticipated that the decommissioning activities at nuclear power plants will generate relatively small volumes of GTCC waste. However, since there are currently no disposal options for GTCC waste, utilities must store these wastes under their Part 50 licenses pending development of a disposal facility. The Department of Energy has the responsibility for developing a national strategy for disposal of GTCC waste. Based on current plans, this disposal capability will not likely be available for many years. This rulemaking would allow independent spent fuel storage installations to store GTCC waste similar to storage of spent fuel and facilitate the likely eventual transfer to a permanent geologic repository.
This proposed rule would also respond to a petition for rulemaking from the Portland General Electric Company (PRM-72-02).
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- To be provided using the Management Directive 6.3 process.
Recommendation to Proceed-- Yes Pending approval using Management Directive 6.3 process and after public comments on PRM 72-02 have been evaluated, the staff believes that the rulemaking should proceed.
RES-C3HP-13 Energy Compensation Sources For Well Logging. Part 39--RM#440 OBJECTIVE-- The proposed rulemaking would allow small energy compensation sources (ECS) used for well logging to be treated differently than well logging sources. Since Part 39 was written, the industry has developed new 37 I.
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l technology that allows logging operations to be done concurrently with drilling. Even newer technology separates the ECS and the logging tool from ;
the larger logging source to allow easier retrieval of the logging source in l the event the drill stem becomes unretrievalable. This technology requires an l additional small source (less than 0.0001 Curie) versus the normal 3 to 20 l Curie well logging sources. Many requirements in Part 39 are not appropriate l or necestary for protecting public health and safety and the environment for ECS. However, since Part 39 did not envision these small sources, the ,
requirements were not written to allow variations in the requirements based on '
the source. The rulemaking would modify the regulations in Part 39 to define ECS and provide appropriate regulations for their use in well logging.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY ,
COST / BENEFIT-- To be provided using Management Directive 6.3 process.
Reconnendation to Proceed-- Yes Pending approval using Management Directive 6.3 process, the staff believes that the rulemaking should proceed.
RES-C3HP-14 Expand Scope of Part 72 to Make Additional Parties Subject to Enforcement--RM#439 OBJECTIVE-- The present regulation dealing with completeness and accuracy of information submitted to the Commission by an applicant for a license, or by a licensee, is found at 10 CFR 30.9, 40.9, 50.9, 54.13, 55.9, 60.10, 61.9a, 70.9a, 71.6a, 72.11, 76.9, and 110.7a.
The proposed rulemaking is intended to close a weakness in the regulation covered by Section 72.11 by expanding its scope to include holders of and applicants for certificates of compliance,. cask fabricators, and designers and vendors, their employees, and the employees of their contractors, subcontractors, and consultants that they may be subject to enforcement action for submitting information that is incomplete, inaccurate, and in some respect material to the NRC. Because of these limited specific requirements in Part 72 for parties other than licensees, the Commission has been unable to issue notices of violation to other parties involved in ISFSI safety related functions. The staff believes there may be safety consequences resulting from ;
this weakness. The ability to issue notices of violation to these parties ;
would improve the effectiveness of the NRC's inspection and enforcement i programs in assuring compliance with the Commission's regulations.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- To be provided using Management Directive 6.3 process.
i Recommendation to Proceed-- Yes The staff believes that the rulemaking should proceed using Management Directive 6.3 process. A letter requesting ,
the ED0's approval to initiate a rulemaking plan has been sent to the EDO.
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RES-C3HP-15 USEC Privatization Act (Public Law 104-134). Parts 40, 70. AND 76--RM#442--W#960075 OBJECTIVE-- Public Law 104-134, by amending the Atomic Energy Act of 1954, changes the way uranium enrichment facilities are licensed and adds different procedural requirements. The Commissions regulations must conform to these changes. A proposed rule providing the necessary amendments to the Commission's regulations should be published for public comment and codified through the formal rulemaking process. The proposed amendments contain several new and/or revised licensing / certification requirements specific to the Corporation and its successor's operation of uranium enrichment facilities.
TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- To be provided using Management Directive 6.3 process.
Recommendation to Proceed-- Yes Pending approval using Management Directive 6.3 process, the staff believes that the rulemaking should proceed. There appear to be no alternatives to the codification of the conforming regulations, since they are required by statute. The rulemaking plan was sent for office concurrence on 07/19/96 using Management Directive 6.3 process.
RES-C3HP-16 Environmental Report Requirements for Mat erial Licensees Terminating a Uranium Milling License. 10 CFR Part 51 60--RM#443 OBJECTIVE-- The proposed rulemaking would revise the Commission's regulations to delete the requirement for an-environmental repor; required by 10 CFR Part
- 51. The requirement is contained in Section 51.60 r,f the 10 CFR. Subsection b of this part lists the types of actions that regtire an environmental report. Item 3 under subsection b is the "Termina; ion of a license for the pcssession and use of source material for uranium milling".
This requirement has been in the regulation since the 1970's and is unique in that there is no such requirement at license ternination for any other nuclear facility. The Program Office (NMSS) has been una)le to provide any justification or explanation for why the requiremint exists in the first place.
The staff believes the requirement is unnecessary aecause of the length of time involved in terminating a license of a uranium mill and the process of conducting multiple environmental reviews throughout the termination process.
By the time the licensee requests termination of its li e nse, any environmental impacts previously identified in the licensing and amendment processes, will have been mitigated through compliance with epa rules and NRC rules. The only condition that would remain at that time are those ueoline with what monitoring the licensee needs to perform. Therefore an Environmental Report at License termination is a useless and unnecessary reporting requirement.
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TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- To be provided using Management Directive 6.3 Process.
Etcommendation to Proceed.- Yes Pending approval using Management Directive 6.3 process, the staff believes that the rulemaking should proceed. ,
l RES-C3HP-17 Staffina and Trainina Reauirements For Defueled Nuclear Power Plants. Part 50. 55--RM#444 1
OBJECTIVE-- The purpose of this proposed rule change is to eliminate the need for licensees to seek exemptions from the training and qualification requirements in 10 CFR Part 50.120 in the event that the reactor is i permanently defueled and the license is converted to a possession only l license. The current language in 5 50.120 is sufficiently broad to allow licensees to modify their training and qualification program based on the operating status of the plant. However, the regulation specifies certain employee types which must be subject to these requirements. The staff will consider how this regulation can be modified to give the licensee the flexibility to adjust its staffing without the need for an exemption to these requirements.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT This action would be a cost savings for both the licensees and the NRC. The licensee would be spared the cost of preparing exemptions for changes that have no safety significance and wait for NRC review and approval.
Likewise the NRC will save the resources required to consider each exemption.
Recommendation to proceed-- Yes Pending approval using Management Directive 6.3 process, the staff believes that the rulemaking should proceed. A letter requesting the ED0's approval to initiate a rulemaking plan is being developed.
RES-C3HP-18 Use of Advanced Claddina Material in Licht Water Reactor Fuel Desians. Part 50--RM#449 OBJECTIVE-- The purpose of this proposed rule change is to eliminate the need for licensees to seek exemptions from NRC regulations to take advantage of advancements in fuel and cladding engineering. Improvements in cladding materials to minimize corrosion and allow for higher fuel burnup have moved vendors away from the use of zircoly or ZIRLO cladding materials which are specified in 10 CFR Parts 50.44 and 50.46. The staff will examine i alternatives to the language in these parts to allow the use of advanced I cladding materials.
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. o TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- To be provided using Management Directive 6.3 Process.
Recommendation to Proceed-- Yes Pending approval using Management <irective 6.3 process, the staff believes that the rulemaking should proceed.
I RES-C3HP-19 Alternative to The Use of ASME 30iler and Vessel Code in the Areas of Inservice Inspection and Testing, Part 50.55A--RM#476 OBJECTIVE-- The purpose of this proposed rule is to modify 10 CFR Part 50.55a to eliminate the need for licensees to seek relief from use of the ASME Boiler !
and Vessel Code in the areas of inservice testing and testing if they were l appropriate risk-informed methods. While the main thrust of this rule change 1 is to use risk-informed procedures using insights from PRAs and IPEs, it is expected that this rule change will also reduce the need for exemptions.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- This rulemaking sould eliminate the need to seek an exemption and result in an overall cost savings to the nuclear industry.
Recommendation to Proceed-- Yes Pending approval using Management Directive 6.3 process, the staff believes that the rulemaking should proceed.
l RES-C3HP-20 Options For The Use of Radiography and Radiographic Equipment and !
ANSI N432. Part 34--RM#477 OBJECTIVE-- The purpose of this project is to reevaluate requirements related to radiography and radiographic equipment to determine whether a rule change ,
is required to better meet NRCs regulatory intent. The requirements in 10 CFR l Part 34 and ANSI N432, which is incorporated by reference, are sometimes very prescriptive and often require exemptions for special cases. One example is the requirement for rigid guide tubes. These are frequently impractical in the airline industry due to the geometry of the equipment being radiographed.
It is expected that broadening the language of 5 34.20 will result in a reduction in the number of exemptions sought.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- This rulemaking should eliminate the need to seek an exemption and result in an overall cost savings to the nuclear industry.
! Recommendation to Proceed-- Yes Pending approval using Management Directive l 6.3 process, the staff believes that the rulemaking should proceed.
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! RES-C3MP-21 Reauirements for Licensees to Write. Conduct. and Grade Operators and Senior Operators Qualification Examinations--RM#484 OBJECTIVE-- The proposed rule change would revise 10 CFR 55 to require that licensees write, conduct, and grade the licensing examinations that are given to reactor operators and senior reactor operators. Although the Code of Federal Regulations does not specify who will be responsible for these examinations, the current practice has been for the NRC or its contractors to prepare and conduct these examinations. The NRC has conducted a pilot program in which it has had licensees prepare these examinations and submit them to NRC for review. Evaluations of the pilot program have indicated that with experience licensees can do an adequate job of preparing, conducting, and grading these examinations. The NRC has an obligation to prescribe uniform conditions for licensing operators and senior operators. This rule change will either require licensees to use the methods published in NUREG-1021, " Operator Licensing Examination Standards for Power Reactors," or it will incorporate those standards directly into the Code of Federal Regulations.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- To be provided using Management Directive 6.3 process.
Recomendation to Proceed-- Yes Pending approval using Management Directive 6.3 process, the staff believes that the rulemaking should proceed.
MEDIUM PRIORITY NRR-C3MP-01 Fitness for Duty (Scope)--RM#396--AF13 OBJECTIVE-- The proposed rule, if necessary, would amend the Commission's regulations by changing the scope of the random drug testing requirements.
The concern is a balance between the NRC's responsibility to protect public health and safety and perceived encroachment into privacy expectations of individual workers. This action addresses a recommendation by the Solicitor to the Commission after the 9th Circuit Court ruled (in NRC's favor) on a request from the International Brotherhood of Electrical Workers (IBEW) that certain workers be exempt from the random drug testing requirements.
A general notice was published in the Federal Register on May 11, 1994 (59 FR 24373) to solicit public comments on various options for changing the scope of random drug testing. Thirty-four letters were received, with comments generally aligned into two groups: (1) lic m sees, state goverments, NEI and individual responders preferred retaining the current scope of testing and opposed excluding workers (such as clerical) who had unescorted access to protected areas but do not have access to vital areas; and (2) IBEW commenters preferred testing only workers with unescorted access to vital areas and opposed retaining the current scope of testing.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY 42 l.
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COST / BENEFIT-- If the decision is to maintain the rule as is, no cost or savings will accrue. If the decision is to reduce the scope to test only those workers who have unescorted access to vital areas, then each licensee might save approximately $20K per year in testing costs, with some unquantified increased risk to public health and safety. If the decision is made to exclude certain types of workers (e.g., clerical) and continue to test all others who have unescorted access to protected areas, then each licensee might save approximately $2K per year in testing costs, with a smaller unquantified increase in risk to public health and safety. Costs to monitor the access status of workers with respect to the testing pool may offset these savings. If the decision is made to define safety-related positions, there would be a significant cost to licensees and to the NRC staff (not calculated) to develop the standards, define the positions, and if required, defend them in court.
Recommendation to Proceed-- Yes Since this action deals with a potentially significant legal issue, the staff plans to complete its evaluation and provide the results to the Commission. A Commission paper is being prepared
'by NRR with a recommendation on whether to proccd with this rulemaking.
RES-C3MP-02 Audit Frecuency For Emeraency Plannina and Security. Part 50.
PRM-50-59. PRM-50-60--RM#413 ,
QBSECTIVE-- Reduce regulatory burden in response to a petition for rulemaking (PRM-50-59 and PRM-50-60). The petitioner requests that the Commission amend its regulations to change the frequency with which each licensee conducts independent reviews and audits of its safeguards contingency plan and security program from annually to biennially.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- Industry burden would be reduced by about $1 million per year, and should result in improved, performance-based audits.
Recommendation to Proceed-- Yes The staff believes that the rulemaking ,
should proceed. The rulemaking plan was sent to the ED0/ Commission for l approval on February 21, 1996.
RES-C3MP-04 Performance-Oriented Reauirements for Fire Protection of Nuclear Power Facilities (Part 50)--RM#340--AF29--W#920197 OBJECTIVE-- The proposed rule would amend the Commission's fire protection regulations for voluntary adoption by nuclear power plant licensees. The l proposed rulemaking will also respond to a Petition For Rulemaking (PRM-50-61) i from NEI. The regulatory framework will be changed to allow flexibility in l the implementation of safety objectives and the use of probabilistic risk l
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4 analysis and fire-model computer codes to demonstrate compliance with the y safety objectives as such methods are developed and validated by industry.
Although the primary purpose of this rulemaking is to reduce the regulatory burden on the industry by replacing some of the more prescriptive fire protection requirements with performance based regulations, a concomitant
, benefit is expected to be a reduction in the number of exemptions sought be licensees in this area.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADOS FLEXIBILITY
} COST / BENEFIT-- This rulemaking sould result in an overall cost savings to the nuclear industry.
Recommendation to Proceed-- Yes Pending approval using Management Directive. :
6.3 process, the staff believes that the rulemaking should proceed. A l Commission option paper was sent to the Commission, SECY-96-134, for approval ;
on June 21, 1996.
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l RES-C3MP-06 Material Control and Accounting Amendments--RM#309--W#960007 OBJECTIVE-- The proposed ruleuking would revise the Commission regulations to !
condense Part 70 by deleting MC&A requirements that largely duplicate requirements in Part 74. It would complete the action begun when Part 74 was created. In addition, it would clarify some terminology that has been a source of some confusion and would address industry concerns regarding the prescriptiveness of some MC&A requirements. A reduction in prescriptiveness may result in burden reduction to the licensees, by allowing more efficient and effective methods to be used to achieve the objectives of the regulation.
The potential benefits to licensees appears to outweigh the cost of implementing a new rule.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- To be provided using Management Directive 6.3 process.
Recommendation to Proceed-- Yes Pending approval using Management Directive 6.3 process, the staff believes that the rulemaking should proceed.
l RES-C3MP-08 Revision of Prototype Testino Requirements for Watches Containing l Tritium (PRM-32-04). Part 32.14--Rm#423 OBJECTIVE-- The proposed rulemaking would revise the Commission regulations to include watches containing gaseous tritium light sources (GTLS's) on the same regulatory basis as luminous tritium paint. Since the application of tritium 44 i
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l luminescent technology has changed sufficiently, a modification of the regulation is needed. Although the exemption in 10 CFR 30.15(a)(1) puts no restriction on the form of tritium in timepieces, the prototype testing requirements of 10 CFR 32.14 were designed for luminous tritium paint and preclude distribution of timepieces containing gaseous tritium light sources (GTLS's) for use under this exemption. Currently timepieces containing GTLS's must be approved for distribution under 10 CFR 32.22 for use under 10 CFR 30.19, the class exemption for self-luminous products. Exposures to the public are very low from watches using either GTLS's or luminous tritium paint, with watches using GTLS's generally resulting in lower exposures. In this case, the more burdensome process involved in obtaining authorization to distribute this product under 10 CFR 32.22 is unnecessary. Revision of the prototype testing requirements will allow distribution on the same regulatory basis as watches containing luminous tritium paint. The proposed rulemaking will also resolve a petition for rulemaking (PRM-32-04) received from mb-microtec.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADOS FLEXIBILITY COST / BENEFIT-- It is expected that the licensees will realize a cost saving, with no reduction in health and safety.
Recommendation to Proceed-- Yes Pending approval using Management Directive 6.3 process, the staff believes that the rulemaking should proceed.
l RES-C3MP-09 Alternative Criteria For Non-Profit Entities and Alternative Financial Criteria For Non-Bond Issuino Licensees--RM#408--W#930212 OBJECTIVE-- The proposed rulemaking would revise the Ccmmission regulation to publish criteria.that would allow non-profit entities and non-bond issuing corporations to use self-guarantee as an additional mechanism for financial assurance. The overall objective is to reduce the licensee's cost burden without causing adverse effects on public health and safety.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY
. COST / BENEFIT-- Estimated annual savings to industry is over $1.0 million.
Recommendation to Proceed-- Yes The staff believes that the rulemaking is needed. The contractor recommendations have been reviewed and have been incorporated in a Commission memorandum, SECY-95-278 dated November 28, 1995, recommending that a rulemaking plan be developed. Commission SRM dated 02/05/96 approved development of a rulemaking plan using MD 6.3 process.
The rulemaking plan was sent for Commission, SECY-96-091, approval on i 04/30/96. Commission SRM on SECY-96-091 dated May 24, 1996 approved sending the rulemaking plan to the agreement states for comment.
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RES-C3MP-10 Revise Uranium Recovery Financial Assurance Requirements.
Appendix A Part 40 Criteria 9--RM#410 OBJECTIVE-- The proposed rulemaking would revise the Commissions regulation to require that when uranium mill licensee submits a revision to an approved reclamation plan, the licensees would have to revise its surety if the reclarration plan revision is more costly than the approved reclamation plan.
The concern is that some reclamation plans revisions add considerable costs to the reclamation and that the approval process can be lengthy. During that period of review, the surety would be underfunded. Under the current rule, the surety cannot be increased until the revision is approved. The proposed rulemaking would also revise the Commission regulation to ensure that a standby trust be incorporated into licensee's surety arrangement for decommissioning. The concern to be addressed deals with a situation whereby a licensee would be in default without completing reclamation. As the rule is currently written, the funds from the surety would not be available to complete decommissioning but would go into the U.S. Treasury, and NRC would have to request a special appropriation to pay for the decommissioning.
TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- To be provided using Management Directive 6.3 process.
Recommendation to Proceed-- Yes The staff believes that the rulemaking is needed. We have informed ED0 that a rulemaking plan using MD 6.3 process is being developed. The rulemaking plan was sent for office concurrence on 03/18/96 using MD 6.3 process.
RES-C3MP-11 Emergency Planning Licensing Requirements For Defueled Nuclear Power Plants and Emergency Preparedness Training and Exercises. 10 CFR Part
- 50. Appendix E--RM#435 OBJECTIVE-- The proposed rule change would revise 10 CFR 50.54(q) and Appendix E to 10 CFR Part 50 in order to establish appropriate emergency planning licensing requirements for defueled nuclear power plants. This effort is a companion to another rulemaking under development by the staff which relates to reductions in the onsite and the offsite insurance requirements for permanently shutdown power reactors.
The Commission's regulations currently require that each licensee of an operating nuclear power plant establish and maintain emergency plans and preparedness in accordance with 10 CFR Part 50, 5 50.54, 5 50.47 and Appendix E. An exemption is typically requested and granted to these requirements for defueled nuclear power plants. In order to eliminate the continued use of exemptions, the regulations should be amended to established the appropriate licensing requirements for defueled plants.
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E In addition to defueled plants this proposed rule change will also eliminate the need for holders of construction permits or operating licenses to obtain exemptions from the emergency preparedness training and periodic exercises.
This relief is necessary because entities, such as State and local governments, often will not or can not participate in these exercises on a schedule that is consistent with the current NRC requirements. The staff will amend 10 CFR Part 50, Appendix E with the goal of modifying the language in Section (IV)(F) to allow modifications to the schedule of emergency preparedness exercises without the need to seek an exemption.
TYPE--BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY Cost / Benefit-- The proposed rule would permit but not require deleting certain Emergency Planning requirements for defueled reactors thereby resulting in a potential cost savings to licensees.
Recommendation to Proceed-- Yes Pending approved using Management Directive 6.3 process, the staff believes that the rulemaking should continue.
RES-C3MP-12 Clarifications of and Addition of Flexibility to Part 72 --RM#438 OBJECTIVE-- The proposed rulemaking would clarify the applicability of Part 72 for general and site-specific licensees. It has not always been clear to l licensees which requirements are applicable to general versus site-specific licensees. . Consequently, the staff has received several inquires from 1 prospective applicants requesting an interpretation of certain provisions of '
l Part 72. Clarification of which regulations are applicable to site-specific
. and general licensees would reduce the uncertainty for potential licensees, l and lessen the need for legal interpretation by NRC legal staff.
The proposed rulemaking would also allow applicants for site-specific licenses i to use cask designs previously approved under 10 CFR 72, Subpart K, without
! having to submit a separate safety analysis for the cask design. Under the l current regulations, the adequacy of the design of these previously approved storage casks could be at issue, particularly during the hearing process, in each site-specific license application. This rulemaking would preclude the staff having to expend considerable resources in repeatedly re-examining and l
defending technical issues already resolved during the public rulemaking process. The rulemaking process requests public comments which are addressed -
in the final rule. The rulemaking would also allow the initiation of storage cask construction provided that certain conditions are met. The staff has allowed such construction, via exemption, before a certificate of Compliance is issued if the construction is performed under an NRC approved quality assurance program and the applicant bears all risk associated with early construction. This is one of the items considered in PRM-72-3 which was
! issued for public comment on May 14, 1996.
- TYPE--BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY i
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! COST / BENEFIT-- To be provided using Management Directive 6.3 process.
Recommendation to Proceed: Yes. The staff believes that the rulemaking should proceed using Management Directive 6.3 process.
RES-C3MP-13 Geological and Seismological Characteristics of Spent Fuel Storage Systems. Part 72--RM#441 OBJECTIVE-- The proposed rulemaking would provide conforming changes in Part 72 regarding revised seismic criteria currently proposed for reactor siting in 10 CFR 100, Appendix A, or would provide independent seismic siting criteria for spent fuel storage systems. Amendments to 10 CFR 100, Appendix A are currently under development which may have an impact un Part 72 licensees.
This issue will evaluate whether the proposed amendments to Appendix A are suitable for spent fuel storage facilities or if alternate siting provisions !
specific to Part 72 need to be developed. This rulemaking would also clarify l what analyses licensees using the general license process need to perform to l assess the geologic and seismic considerations of cask design and siting, i I
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- To be provided using Management Directive 6.3 process.
Recommendation to Proceed-- Yes The staff believes that the rulemaking should proceed using Management Directive 6.3 process. ;
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RES-C3MP-14 Adoption of Part 20 Dosimetry Methodoloay To Part 72--RM#437 OBJECTIVE-- The proposed rulemaking would update the criteria for radioactive releases from independent spent fuel storage installations (ISFSI) and monitored retrievable storage installations (MRS). Current standards in il 72.104 and 72.106 for ISFSI and MRS radioactive materials in effluents, direct radiation, and exposures from a design basis accident are based on the requirements from Part 20 that have since been updated. The current Part 20 requirements became effective in 1994. This modification would result in a consistent level of protection of public health and safety, and reduce burden, confusion, and uncertainty resulting from duplicative efforts necessary to comply with two different standards.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- To be provided using the Management Directive 6.3 process.
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32, 40, 60, 72, and-140 so that the update dose limits will be consistent with' part 20.
RES-C3MP-15 Financial Assurance Reauirements For Waste Brokers and Sealed Source Users--RM#480 OBJECTIVE-- The purpose of the rulemaking is to revise the financial assurance l requirements that apply to waste brokers and sealed source licensees. NRC has experienced several cases where bankruptcies or financial problems involving these types of licensees potentially could have shifted the financial burden to pay for decommissioning and waste disposal to taxpayers or other affected parties because, in many cases, waste brokers and sealed source users may not have to provide financial assurance under existing NRC requirements.
Possession thresholds and required amounts of financial ' assurance should be reviewed and updated to ensure that adequate financial assurance is in place for these facilities.
TYPE-- SAFETY ENHANCEMENT COST / BENEFIT-- This rulemaking should avoid an inordinate burden on taxpayers and other affected parties, while ensuring sufficient resources are available ,
to pay for decommissioning in the event of licensee default. !
l Recommendation to Proceed-- Yes Pending receipt of NMSS's User Need memorandum and approval using Management Directive 6.3, the staff believes the i rulemaking should proceed with an intermediate priority, j LOWER PRIORITY RES-C3LP-01 Clarification of Criteria' for Uranium Mills and Tailinas. Part i 40--RM#380--W#940078 OBJECTIVE-- The Commission published (October 28,1992) an Advance Notice of Proposed Rulemaking (ANPRM) on the updating of Part 40, " Licensing of Source l Material." Through the development of that ANPRM, a number of issues were l identified in the area of mills and tailings. With respect to a few of these j issues, it appears that a rule change to Appendix A of Part 40 is appropriate '
primarily for the purpose of clarifying the regulations to reflect Commission policy in these areas. The issues to be addressed are: the definition of ore, which relates to the use of alternate feed materials in addition to natural i . ore; clarification of requirements applicable to independent commercial tailings disposal, and clarification of Criterion 1, and possibly other parts of Appendix A, regarding respect to differences in application of the criteria with respect to existing sites and new proposed sites.
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COST / BENEFIT-- By clarifying the regulations, this rule should reduce administrative costs for both the NRC and the affected licensees by making for smoother implementation and fewer questions of interpretation. It can also
, reduce the likelihood of litigation. In the case of Criterion 1,
[ clarification would respond to an Atomic Safety and Licensing Appeal Board l (ASLAB) interpretation that is contrary to the licensing staff's position.
1The details of this rule and the costs and benefits have yet to be determined.
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Recommendetion to Proceed-- Yes Pending approval using Management Directive 6.3 process, the scope of this rule could change because of the changing l ' situation with mill tailings and because the issues to be considered could be
- affected by the resolution of another outstanding issue (see RES-C48-19).
That is whether to modify through rulemaking or legislative initiatives the concentrations or conditions for licensing of source material and the definition of ores.
RES-C3LP-02 Antitrust Review of Facility License Applications. (Part 50.
ADDendiX L)--RM#427 i
OBJECTIVE-- The proposed rule would amend the Commission's regulations by updating the antitrust review requirements to reduce the regulatory burden associated with applying for power production licenses. This proposed revision will clarify existing regulations and eliminate antiquated review requirements associated the antitrust review procedures.
l TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- This action has no effect on current licensees. Future'Part 50 licensees will realize cost savings without affecting public health and safety Recommendation to Proceed-- Yes Pending approval using Management Directive 6.3 process, the staff believes that the rulemaking should proceed.
RES-C3LP-03 Modify The Financial Assurance Reauirements For Decommissioned Plants To Eliminate The Need For Unnecessary Financial Assurances. Parts 30.
- 40. 70. 72--RM#482 i
OBJECTIVE-- The purpose of this proposed rule is to modify the financial assurance requirements for decommissioning plants to eliminate the need for exemptions for unnecessary financial assurances. For example, there is no need for financial assurances for krypton-85 since no decommissioning is required. This requirement will be eliminated. In addition, there are instances when sources within teletherapy devices need to be changed causing
- the licensee-to temporarily exceed its possession limits requiring financial l assurance. The staff envisions changing these requirements to reduce the need for exemptions.
l TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY 50
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- This rulemaking sould eliminate the need to seek an exemption and result in an overall cost savings to the nuclear industry.
Recommendation to Proceed-- Yes Pending approval using Management Directive 6.3 process, the staff believes that the rulemaking should proceed.
1 RES-C3LP-04 Relief From The Use of Part 35 Requirements For Teletherapy ;
Devices For Non-Human Irradiation Part 36--RM#479 OBJECTIVE-- The purpose of this proposed rule is to reduce the need for licensees using teletherapy devices for non-human irradiation (e.g., blood, organs,research animals, etc) to seek exemptions from the Part 36 requirements for irradiators. Many of the Part 36 requirements are either impractical to implement because of costs, or are unacceptable because they would require alterations to the current electrical interlocks on the units designed to meet the requirements of Part 35. The staff has previously recommended the revision of Part 36 to specifically exempt Part 35 teletherapy licensees, as well as licensees located in a medical facility that may not have a current teletherapy license. The staff will consider modifications of the Part 36 ,
requirements to make exemptions unnecessary for teletherapy licensees. !
TYPE-- BURDEN REDUCTION / REGULATORY REFORM /ADC' JLEXIBILITY COST / BENEFIT-- This rulemaking sould eliminate the need to seek an exemption and result in an overall cost savings to the nuclear industry. l Recommendation to Proceed-- Yes Pending approval using Management Directive 6.3 process, the staff believes that the rulemaking should proceed. ,
RES-C3LP-05 Removal of Obsolete Appendices M. N, 0, and 0 From Part 50--
RM#483 OBJECTIVE-- The proposed rulemaking would amend the Commission regulations by deleting obsolete Appendicies from Part 50. During Part 52 rulemaking, the Commission directed the staff to move Appendices M, Standardization of Design; Manufacture of Nuclear Power Reactors; Construction and Operation of Nuclear Power Reactors Manufactured Pursuant to Commission License; N, Standardization of Nuclear Power Plant Designs: Licenses to Construct and Operate Nuclear Power Reactors of Duplicate Design and Multiple Sites; 0, Standardization of Design: Staff Review of Standard Designs; Q, Pre-Application Early Review of Site Suitability issues from Part 50 to Part 52 in its final approval of the Part 52 rulemaking. Although these appendices were added to Part 52 in 1989, 51
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the appendices were not deleted from Part 50. Appendices M, N, 0, and Q of I Part 50 should be deleted because they are duplicative of Appendices M, N, 0, and Q in Part 52.
TYPE- _. BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- To be provided using Management Directive 6.3 process.
Recommendation to Proceed-- Yes Pending approval using Management Directive 6.3 process, the staff believes that the rulemaking should proceed.
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CATECORY IVA- ON HOLD :
1 RULES (PETITIONS) FOR WHICH FURTHER ASSESSMENT IS REQUIRED BEFORE DECIDING WHETHER TO INITIATE RULEMAKING OR TO GRANT. TO DENY. OR ]
TO PARTIALLY GRANT THE PETITION.
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RES-C4A-01 Criteria for Extraordinary Nuclear Occurrence. Part 140--RM#51--
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RES-C4A-02 Acceptability of Plant Performance for Severe Accidents: Scope of Consideration in Safety Regulations. Part 50--RM#268--AE38--W#900201 OBJECTIVE-- An advance notice of proposed rulemaking (ANPRM) was published to request public comment on amending the Commission's regulations to incorporate severe accident performance criteria for containments applicable to future l light water reactor designs. This rulemaking was envisioned as part of a larger effort to decouple source term and dose calculations from reactor siting and to permit the use of updated source term insights for future light I
water reactors. The NRC is of course presently in the process of reviewing l advanced reactor designs under the Part 52 process. l The larger rulemaking efforts comprises two phases. The first phase is i described in the proposed rule titled, " Reactor Site Criteria; Including Seismic and Earthquake Engineering Criteria for Nuclear Power Plants (3150-AD93)." The second phase will consist of the issuance of an ANPRM, followed by a final revision of 10 CFR Part 50 to incorporate updated source term and severe accident research insights into plant design requirements for future light water reactors. The intent of this second phase of rulemaking is aimed at codifying requirements for future light water reactors regarding severe accident prevention and mitigation, and is expected to ensure that the '
risks from these events remains very low.
TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- There are no significant licensee costs associated with this action.
Recommendation to Proceed-- Undecided Although the Commission has spoken on this matter and chosen to resume this particular rulemaking effort after the FDA efforts on the GE ABWR and ABB/CE Systems 80+ are completed, the staff I
believes that the need for this rulemaking can be determined at that time. A j recommendation to terminate or to proceed with this rulemaking effort will be i provided for Commission approval in fiscal year 1997.
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RES-C4A-04 Alternative Site Reviews. Part 50--RM#313 OBJECTIVE-- The proposed rulemaking would revise the Commission regulations to set standards for assessments of alternative sites for future power reactors, which is now lacking in Parts 50, 51 and 52 of the regulations, and would strengthen the bases for acceptance of safety and environmental assessments of proposed reactor sites under Subpart A of Part 52 (Early Site Permits), b overall objective is to propose a more consistent approach for review of alternate site to facilitate and stabilize the Regulatory process.
4 TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- To be provided using Management Directive 6.3 process.
Recommendation to Proceed-- Yes The staff believes that the rulemaking is needed but cannot now be regarded as high priority.
1 RES-C4A-07 PRM-20-21 Petitioner / Petition Docket Number: Keith J. Schiacer, Ph.D., et al.--RM#451 Federal Register Citation: September 10, 1993 (58 FR 47676) ;
Subject:
Disposal of certain low-level radioactive wastes to provide additional options for disposal of very low concentrations of short-lived radionuclides.
The petitioners request that the Commission amend its regulations in 10 CFR Part 20 that became mandatory for all licensees on January 1, 1994, to permit additional methods for disposal of certain low-level radioactive wastes. The petitioners contend that the regulations that became mandatory for all licensees on January 1, 1994, are too restrictive and prevent many research institutions from pursuing certain types of research that cannot be conducted effectively without the use of radioactive materials.
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RES-C4A-13 Distribution of Source and Byproduct Material: Licensing and Reporting Requirements, Parts 32 and 40--RM#292--AE33--W#940069 RULEMAKING IS BEING TERMINATED------SEE CATEGORY V C5-09 RES-C4A-14 PRM-50-62 Petitioner / Petition Docket Number: Nuclear Energy Institute--RM#459 Federal Register Citation: September 14, 1995 (60 FR 47716)
Subject:
Quality Assurance Programs 54
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The ;.etitioner requests that the Commission amend its regulations regarding quality assurance programs to permit nuclear power plant licensees to change their gaality programs described or referenced in a licensee's Safety Analysis
, Report (3AR) without prior NRC approval under specified conditions. The petitioner believes that this amendment would improve the regulatory process r
and increase the safety of counercial nuclear power plants through a more efficient use of agency and industry resources. l RES-C4A-15 PRM-50-63 Petitioner / Petition Docket Number: Peter G. Crane--
RM#460 Federal Register Citation: November 15, 1995 (60 FR 58256)
Subject:
Stockpiling Potassium Iodide The petitioner requests that the Commission amend its regulations to require i the U. S. Goverment to stockpile potassium iodide (KI) for use as a thyroid i blocking agent in the event of a nuclear accident. I RES-C4A-16 PRM-61-03 Petitioner / Petition Dccket Number: Heartland Operation to Protect the Environment--RM#461 Federal Register Citation: January 9, 1996 (61 FR 633)
Subject:
Low-level radioactive waste disposal site The petitioner requests that the Commission amend its regulations to adopt a rule regarding government ownership of a low-level radioactive waste disposal site that is consistent with Federal statute.
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RES-C4A-17 PRM-72-02 Petitioner / Petition Docket Number: Portland General Electric Company--RM#462 THE PETITION HAS BEEN RESOLV'D E BY RULEMAKING--SEE C3HP-12 RES-C4A-18 PRM-35-13 Petitioner / Petition Docket Number: National Registry of Radiation Protection Technologists (NRRPT)--RM#463 l Federal Register Citation: February 8, 1996 (61 FR 4754)
Subject:
Training requirements for a radiation safety officer l 55 1
The petitioner requests that the Commission amend its regulations by including acceptance of NRRPT registration as fulfilling some of the training requirements for a radiation safety officer.
RES-C4A-19 PRM-72-03 Petitioner / Petition Docket Number: Fawn Shillinolaw--
RMf464 Federal Register Citation: May 14, 1996 (61 FR 24249)
Subject:
Dry cask storage of radioactive waste The petitioner requests that the Commission amend its regulations which govern independent storage of spent nuclear fuel in dry cask storage to require that the safety analysis report for a cask design fully conforms with the associated safety evaluation report and certificate of compliance before certification of the cask design.
RES-C4A-20 PRM-20-24 Petitioner / Petition Docket Number: University of Cincinnati--RM#465 Federal Register Citation: June 21, 1996 (61 FR 31874)
Subject:
Total effective radiation dose limit for members of the public Summary: The petitioner requests that the Commission amend its regulations to authorize specified visitors of radiation patients, as members of the public, to receive up to 500 mrem total effective radiation dose per year.
RES-C4A-21 PRM-34-05 Petitioner / Petition Docket Number: Amersham CorDoration RM#466 Federal Register Citation: June 18, 1996 (61 FR 308377)
Subject:
Radiography Equipment' Regulation Summary: The petitioner requests that the NRC amend its regulations by removing the reference to " associated equipment" from the radiography equipment regulations. The petitioner believes that this amendment would clarify the licensing reviews of sealed sources and radiographic exposure devices to meet the applicable requirements.
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I RES-C4A-22 PRM-35-14 Petitioner / Petition Docket Number: IsoStent. Inc.--
RM#467 Federal Register Citation: June 27,1996 (61 FR 33388)
Subject:
Permanently implanted intraluminal stents l
Summary: The petitioner requests that the Commission amend its regulations by adding a new section to address permanently implanted intraluminal stents, including phosphorus-32 and strontium-89 radioisotope stents. These stents would be permanently implanted in the patient's vessels and arteries. The i petitioner also requests that the NRC add a new section to specify training and experience requirements for qualified physicians responsible for placing radioisotope stents in patients. The petitioner believes the suggested amendments would address an innovative approach for the treatment of stenotic arteries and vessels with low-activity, beta-emitting stents.
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RES-04A-23 PRM-30-61 Petitioner / Petition Docket Number: Nuclear Energy Institute--RM#468 Federal Register Citation: Not yet published
Subject:
Nuclear material licensees.
Summary: The petitioner requested that the NRC amend its regulations governing monitoring and maintenance programs for the decommissioning process at facilities of special nuclear materials licensees. The ntitioner's amendments would allow material licensees to continue monitoring and maintaining facilities, separate buildings, or outside storage areas that have not been used for 24 months, rather than requiring licensees to begin the decommissioning process after 24 months of inactivity.
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CATEGORY IVB- ON HOLD RULES FOR WHICH FURTHER WORK CANNOT BE UNDERTAKEN UNTIL INFORMATION NEEDED FROM OUTSIDE SOURCES OR RESOURCES BECOME AVAILABLE.
RES-C48-01 Requirements for Possession of Industrial Devices Containing Byproduct Material (Parts 31, 32)--RM#81--AD34--W#890090 OBJECTIVE-- Tho proposed rule would amend the Commission's regulations for the possession of industrial devices containing byproduct material to require device users to report to the NRC initially and then on a periodic basis. The report would indicate that the device is still in use or to whom the device has been transferred. The proposed rule would be the most efficient method, considering the number of general licensees and the number of devices currently in use, for assuring that devices are not improperly transferred or inadvertently discarded; is necessary to avoid unnecessary radiation exposure to the public that may occur when an improperly discarded device is included in a batch of scrap metal for reprocessing; and would also avoid the unnecessary expense involved in retrieving the manufactured items fabricated from contaminated metal.
TYPE-- FURTHER MANAGEMENT CONSIDERATION IS REQUIRED COST / BENEFIT-- It is estimated that adoption of this regulatory action would result in upfront development and implementation costs to the Commission of
$87,733, annual costs to industry and the Commission of $506,282 and $72,952 respectively, and an industry implementation cost of $29,000. These costs translate into a very nominal maximum cost of about 1% of the cost of a device over the lifetime of the majority of devices. Although the NRC estimates that the risk associated with these devices is small and, therefore, any risk reduction realized through improved compliance with the Commission's regulations by general licensees will also be small, the staff has concluded that the benefit of increased confidence, in both the assessment of low risk and the efficacy of the general license regulatory program, outweighs the <
nominal cost per device. The benefit to be realized even further overshadows I the nominal costs when considered in light of the possible avoidance of the substantial cleanup costs that have occurred because of past improper disposition of generally licensed devices. If the median saved cleanup costs of $600,000 were halved and applied to the cost of these requirements, the cost to licensees would be on the order of $206,000 per year in lieu of
$506,000.
Recommendation to Proceed-- Not at this time. Rule preparation is in final form, but would require added FTE's in NMSS and the Regions to implement, which are not presently budgeted for.
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l RES-C4B-02 Requirements Concernina the Accessible Air Gap for Generally Licensed Devices (Parts 31. 321--RM#264--AD82--W#900192 OBJECTIVE-- The proposed rule would amend the Commission's regulations to j provide additional regulatory control over certain measuring, gauging, and' '
controlling devices distributed by manufacturers and used by persons under l NRC's general license provisions. The rule will affect devices with an ,
accessible air gap or radiation levels that exceed a specified value. This i l rule will make it increasingly difficult for personnel to obtain access to the l
device's radiation beam, thereby reducing the frequency and likelihood of unnecessary radiation exposure to personnel. This rule applies both to i
persons who distribute these special measuring, gauging, and controlling i devices under the NRC general license provisions and to persons who use the !
devices under the NRC's general license.
TYPE-- FURTHER MANAGEMENT CONSIDERATION IS REQUIRED i COST / BENEFIT-- The cost of this regulation would be significant to both NRC and licensees, but quantitative estimates cannot be made at this time. The benefits, which are providing adequate health protection to workers, also cannot be quantified at this time.
Recommendation to Proceed-- Not at the present time, until assessment of benefits and the potentially reduced burdens (to industry and staff) reveal that benefits outweigh costs.
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RES-C4B-03 Revisions to Parts 31 and 35 to Address MMP Items--RM#385 '
OBJECTIVE-- Minor revisions to part 31 would be beneficial to clarify the intent of a general license for in-vitro laboratory use of byproduct material and define related terms. A major revision to part 35 is being contemplated to address various administrative and techr.ical issues such as: (1) new and revised guidance for all types of authorized medical use; (2) revised training and experience criteria for physicians, RS0's, physicists, and possibly other allied health personnel; and (3) revised radiation safety requirements based on lessons-learned since the 1987 revision to Part 35.
TYPE-- FURTHER MANAGEMENT CONSIDERATION IS REQUIRED COST /8ENEFIT-- Depending on the recommendation of the National Academy of Sciences, there could be either a net increase or decrease in the burden to both NRC and madical licensees.
Recommendation to Proceed-- Not at this time, but this rulemaking is on-hold pending receipt of final report from the National Academy of Sciences that will provide the scope and direction of this rulemaking.
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l RES-C4B-04 Revision to Parts 30 and 40. to Address MMP Items--RM#386 )
OBJECTIVE-- The proposed rulemaking would revise the Commission regulations to upgrade licensee radiation safety programs by specifying duties and l
qualifications for a radiation safety officer to oversee the radiation safety l program. In addition, the staff will evaluate a revision to the event reporting requirements to address violations of safety procedures and will also evaluate the feasibility of 10-year license renewals.
1 TYPE-- FURTHER MANAGEMENT CONSIDERATION IS REQUIRED COST / BENEFIT-- To be provided using Management Directive 6.3 process.
Recommendation to Proceed-- Not at this time, but the staff believes that the rulemaking is needed. However, the rulemaking is on-hold pending the report from the National Academy of Sciences and the overall revision of Part 35.
RES-C4B-05 Revise Brachytherapy Procedures. Part 35--RM#406 OBJECTIVE-- The proposed rulemaking would revise the Commission regulations to address issues on observed errors in the delivery of fractionated doses using i remote afterloading devices, the lack of standardized quality control and !
maintenance of the devices, and the need for increased regulatory flexibility 1 in the authorized use of sealed sources for patient procedures. l TYPE-- FURTHER MANAGEMENT CONSIDERATION IS REQUIRED COST / BENEFIT-- The cost and benefits to NRC and licensees cannot be estimated at this time.
Recommendation to Proceed-- Not at this time, but this rulemaking is on-hold pending receipt of final report from the National Academy of Sciences that will provide the scope and direction of this rulemaking.
RES-C48-06 Conformance of Part 61 Dosimetry Doses to Revised Part 20--RM#407 OBJECTIVE-- The proposed rulemaking would revise the Commission regulation to update the public dose limits currently in Part 61.41 to control releases of radioactivity from a low level waste facility to reflect the total effective dose limit concept now used in Part 20.
TYPE-- FURTHER MANAGEMENT CONSIDERATION IS REQUIRED COST / BENEFIT-- To be provided using Management Directive 6.3 process.
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j Recommendation to Proceed-- Not at this time, the staff believes that the rulemaking is needed, but should be defered until after completion of the rulemaking on radiological criteria'for license termination to judge the general appropriateness of a 15 mrem dose objective.
RES--C4B-09 Rulemakina on Probabilistic Risk Assessment. Part 52--RM#411 OBJECTIVE-- During the staff's recent experience in reviewing the first two LWR design certification applications under the process provided in 10CFR Part 52 (GE ABWR design and ABB/CE System 80+ design), it was determined that updated PRA information should be required for post-certification licensing actions such as COL applications. In the Commission's SRM the staff was-directed to proceed with development of this rule. The needed PRA information has been referred to as implementatin of a "living PRA."
TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- Since this rulemaking project has just been' initiated, the cost / benefit issue has not yet been fully addressed and no cost / benefit information exists. However, in discussions with NRR and RES staff involved in the coordination of this rulemaking, it is presently believed that, consistent with the Part 52 Statements of Consideration, a cost / benefit evaluation is probably not appropriate for this particular rulemaking just as !
it was determined that it was not appropriate for the Part 52 rulemaking.
There are two major reasons for this view: The requirement for implementation of a living PRA (nece.;sity for provision of post-certification PRA information) is a natural and logical part of the Part 52 design certification process. It has become clear through the experience of the design certification reviews for the ABWR and System 80+ designs, that for a utility to proceed to the_ COL licensing phase, whether or not the design certification approach is utilized, updated PRA information is essential to carrying out that process. In addition, a meaningful quantification of the costs and benefits of this rulemaking if possible is not available at this time.
Recommendation to Proceed-- Yes The staff believes that the rulemat.ing should proceed pursuant to Commission directions.
RES-C48-10 Addition Of DOE Multi Purpose Canisters Part 72.214--RM#412
-0BJECTIVE-- The proposed rulemaking would revise the Commission regulations to add the Department of Energy (D0E) standardized spent fuel storage systems to the list of approved storage casks in Part 72.214 for use under a general.
license. These canisters are a part of the national spent fuel management
! system. The alternative would be issue a specific license to each operating j power reactor licensee wanting or needing to use the system.
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! TYPE-- REDUCE REGULATORY BURDEN / ADDS FLEXIBILITY COST / BENEFIT-- A net benefit to the NRC will result because the canisters l
would have to be approved only once for use by a number of licensees. If a l specific license would be required, the NRC would have to review each license application. For licensees, the rule would provide more options for the storage of spent fuel under the provisions of a general license.
Recommendation to Proceed-- Yes The staff believes that the rulemaking should proceed using Management Directive 6.3 process.
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l RES-C48-11 Domestic Licensing of Special Nuclear Material-Revision. Part 70 -
-RM#351--AF22--W#94010 OBJECTIVE-- The objective is to upgrade and more clearly define the regulatory base for major fuel cycle licensees. In March 1995 the Commission directed l the staff to reconsider the plan to modify 10 CFR Part 70 and to discuss with major fuel cycle licensees the draft proposed rule that was being developed.
Workshops were conducted in May and November 1995 to solicit comments and information from interested parties. Based on this input, six alternatives l were presented to the Commission for their consideration in SECY-96-079. The i
! staff and other parties made presentations to the Commission at a meeting on
! July 2, 1996, to consider the alternatives. A Staff Requirements Memorandum I
from the Commission is expected.
1 TYPE--FURTHER MANAGEMENT CONSIDERATION REQUIRED
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l COST /8ENEFIT-- A regulatory impact analysis prepared for the earlier draft i rule will need to be modified to accommodate the approach selected by the Commission for further development. Because the regulatory benefits of this l rule involve non-quantifiabl- improvements in confidence in the margin of safety, and because of the differences among the fuel fabrication facilities, a qualitative cost-benefit comparison will be necessary. Costs are expected to vary among the affected licensees depending upon the extent that a licensee has already completed an integrated safety analysis (ISA) and how well it has already documented and understands its safety basis.
The proposed rulemaking would also eliminate the need to seek an exemption from requirements to have a criticality monitoring system at facilities that exceed certain quantities of special nuclear material as provided for in 10 i CFR Part 70.24. This rule change would require the licensee to perform analyses to determine the areas of the facility in which a criticality is
- credible and provide a monitoring system for these areas. Thus, the generic exemption provided for in 170.24(d) can be eliminated.
i Recommendation to Proceed-- NO The staff believes that the rulemaking should
, not proceed until a Commission SRM on SECY-96-079 is received.
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' I NMSS-C48-12 Clarification of Assessment Requirements for Sitina Criteria and '
Performance Objectives, Part 60--RM#338--AE40--SEE C1HP-15 OBJECTIVE-- The proposed rule would amend the Commission's regulations concerning regulatory requirements for licensing of high-level waste geologic repositories. The relationship described in 10 CFR Part 60.21 of the siting I criteria, in 10 CFR Part 60.122 (defined in terms of potentially adverse and favorable conditions) and the performance objectives in 10 CFR Parts 60,112 i and 60,113 has been the subject of conflicting interpretations. The proposed I rule would resolve the problem of conflicting interpretations of the terms
" adequately investigated" and " adequately evaluated," which are used with reference to the potentially adverse conditions in 10 CFR Part 60.122. In addition, the proposed rule would resolve the conflicting interpretations of the relationship of performance assessment and potentially adverse conditions. l The proposed rule would also revise 10 CFR Parts 60.21 and 60.122 by removing the analysis requirements from 10 CFR Part 60.122 and placing them in 10 CFR Part 60.21. This would be consistent with other technical aspects of 10 CFR Part 60. These sections would also be revised to clarify that siting criteria i must be appropriately considered in the compliance demonstration for the
- performance objectives of 10 CFR Parts 60.112 and 60.113. Separate acceptability assessments for individual potentially adverse conditions are
, not required. j TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- This rule offers a clarification to 10 CFR Part 60 that allows the U.S. Department of Energy (D0E) (the potential licensee) to determine, with a high degree of confidence, how much and what kind of data needs to be collected during site characterization to demonstrate compliance with the post-closure performance objectives in 10 CFR Part 60. This provides savings to all the interested parties who will be collecting, analyzing, and reviewing 4 site characterization and licensing data.
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If this rule is not promulgated, there could be an increased litigative risk 3
at licensing if another party concluded that an independent assessment of performance for individual potentially adverse conditions was required and the licensee had followed the staff's interpretation that such assessments were
- not necessary. The licensing board might also be confronted with the same
, ambiguities that presently exist in interpreting Part 60. Thus, this rule i nrovides a potential savings to all parties to the repository licensing proceedings. The staff considered providing these clarifications via some form of regulatory guidance. However, regulatory guidance alone cannot lessen
, the possibility of litigation by other parties that might not agree with the staff's interpretation. Furthermore, although regulatory guidance and
, interpretation may clarify NRC's position, compliance by the applicant 's not legally required.
Recommendation to Proceed-- Yes The staff believes that the rulemaking should proceed. The staff has had many interactions with DOE and other interested parties, both with regard to this rulemaking and generally with regard to questions of data collection and analysis during site 63 1
characterization at Yucca Mountain. From these interactions, it is obvious to the staff that this added interpretative guidance is needed, in the form of a rule, to ensure that all parties understand the rule's intent. Commission SRM on SECY-95-019 dated 06/30/95 approved placing this rulemaking On Hold pending the outcome of any Congressional Action that may result on the Nuclear Waste Policy Act. The need for ruleuaking will be reconsidered after legislative action has been completed, if any.
NMSS--C4B-13 Conformina 10 CFR Part 60 to EPA Standard and NAS Recommendations--RM#430 OBJECTIVE-- Recent recommendations of the National Academy of Sciences (NAS) a*. well as current legislative proposals (H.R.1020) has distinct and serious implications regarding the regulation of high-level waste disposal. Important differences exist between the standards recommended by NAS or the Congress and current regulations. Changes to NRC's 10 CFR Part 60 regulations necessitated by either of these new approaches will poee significant implementation challenges and/or redirection of current NRC staff activities.
TYPE-- FURTHER MANAGEMENT CONSIDERATION IS RE0VIRED COST / BENEFIT-- Energy Pol. icy Act of 1992 requires this rulemaking.
Recommendation to Proceed-- Yes The staff believes that the rulemaking is needed and a Commission paper on interactions with EPA and nature of rule change is being prepared.
RES-C4B-14 Allow For Plant Specific Nuclear Power Reactor Decommissionina Costs Reauireiv 1ts. Part 50.75--RM#347--AF40--W#950111 OBJECTIVE-- This proposed rulemaking would provide additional flexibility to licensees by allowing licensees the option of submitting plant-specific decommissioning cost estimates when these costs are lower than the generic values currently codified (the current regulation already allow plant specific estimates above the generic value).
TYPE-- BURDEN REDVCTION/ REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- This proposed rule would give flexibility to licensees by allowing them to submit a site-specific decommissioning cost analysis instead of the generic values. The rule may provide additional savings to a licensee because the required level of decommissioning funding may be reduced.
Alternatively, it may allow licensees to collect more funds to cover a higher estimate of required decommissioning funding. Using a site-specific cost estimate would provide a licensee greater flexibility in dealing with site-specific issues such as differences in decommissioning methodology, expected 64
waste volumes, and anticipated labor efforts to perform specific tasks. This would be fairer to ratepayers than using the generic estimate provided in the rule. Moreover, licensees would be able to use an existing PC-based, NRC-endorsed code to incorporate site-specific conditions into their cost estimate. Note however, that annual decommissioning cost updates would be
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required for the site-specific cost estimates, just as they presently are for l the constant dollar amounts. )
i' 1 For licensee submittal of site-specific decommissioning cost estimates, the burden on the NRC staff may be lessened by issuance of a regulatory guide endorsing use of the NRC code or a licensee supplied one. However, additional NRC staff resources would be needed for the review if many licensees elect to use the site-specific funding option for decommissioning cost estimates.
Should half of the licensees use the option, it is estimated that the NRC's burden would amount to 0.2 staff year.
Assuming a licensee electea to use a site-specific cost estimate and used the NRC-endorsed code, it is estimated that the licensee burden would be about 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> to input and run the NRC-endorsed code. If the licensee were required I to provide NRC specified input parameters with their cost estimate, it is estimated that, for those licensee cost estimates that the NRC staff chooses to audit, the NRC staff burden to input and run the NRC-endorsed code would be i about 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br />. The requirements for code use and input parameter specifications would be described in a regulatory guide.
Recommendation to Proceed-- Yes The staff believes that the rulemaking should continue. The rulemaking plan was approved by the ED0 on September 1, 1995. The proposed rulemaking was sent to the Commission, SECY-96-095, for approval on May 1, 1996. EDO memorandum dated May 13, 1996 requested withdrawal of SECY-96-095 until evolving policies on industry restructuring and deregulation and radiological decommissioning standards are resolved and completion of our independent cost study. Commission SRM on SECY-96-095 dated May 29, 1996 approved. placing the rulemaking On-Hold.
RES-C4B-15 Addition of Radon-222 and Technetium-99 Values to Table S-3 and Revisions Resulting from Consideration of Higher-Burnup Fuel (Part 51)--
RM#116--AA31--W#910146 OBJECTIVE-- The proposed rule is mandated by Court Order and would amend the Table of Uranium Fuel Cycle Environmental Data (Table S-3) by adding new estimates for potential releases of technetium-99 and radon-222 and by updating other estimates. The proposed rule would also remove the environmental impacts related to the values in Table S-3 from consideration in individual light-water-cooled nuclear power reactor (LWR) licensing proceedings.
TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- It is not possible to perform a quantitative cost-benefit
! analysis because the number and timing of applications for construction i
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i permits for LWRs and production and utilization facilities are uncertain at this time. However, this rule would result in up-front implementation costs to the NRC (estimated to be about $258,000) and cost reductions in the preparation and review of CP stage environmental documents (estimated to be about $14,000 per LWR).
Recommendation to Proceed-- No The staff believes that the rulemaking should be placed on-hold. In so far as this issue impacts existing Ols, the staff notes that the Part 51 rulemaking for license renewal for NPP's should generally suffice for those license renewal applications and environmental assessments that rely on the use of Table S-3. Thus, the proposed rulemaking package is being delayed until after the License Renewal rulemaking has been completed.
RES-C4B-16 Relief From The Reauirements Dealing With The Medical Uses of Radiation, Part 35.29d--RM#478 OBJECTIVE-- The purpose of this projet; d to eliminate or lessen the need for exemptions to the requirerunts dealing Nith the medical uses of radiation.
Some of these requirements have been found to be too prescriptive and have resulted in many exemptions. For example,135.29(d) prohibits mobile nuclear medicine services from ordering byproduct materials to be delivered directly to their clients address of use. When the regulation was promulgated, staff envisioned that these mobile units would spend a day or two per week at each site and for safety reasons required that the materials be delivered directly to the service. In practice, this requirement is causing numerous exemptions because many of these mobile units are spending most of their time at the client's site so.that delivery elsewhere is impractical.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY l
! COST / BENEFIT-- This rulemaking should elimincte the need to seek an exemption and result in an overall cost savings to the nuclear industry.
l Recommendation to Proceed-- N0 Pending approval using Management Directive l 6.3 process, this rulemaking is on-hold because the staff will not proceed with this project until it receives guidance from the Commission as to how the recommendations in the National Academy of Sciences Institute of Medicine report, " Radiation in Medicine: A Need for Regulatory Reform" are to be l implemented.
i RES-C4B-'17 Modification of The Definition of Decommissioning, Part 20--RM#481 OBJECTIVE-- The purpose of this proposed rule is to modify the definition of
" decommissioning" because the current application of the term allows only the 66
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removal of radioactive material to a level that permits unrestricted use.
Therefore, any removal of material in areas for restricted use would require an exemption. The staff envisions a reduction in the number of exemptions once this rulemaking is complete.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- This rulemaking sould eliminate the need to seek an exemption and result in an overall cost savings to the nuclear industry.
Recommendation to Proceed-- NO Pending approval using Management Directive 6.3 process, this rulemaking is on-hold because the staff believes that the I rulemaking should not proceed because this rulemaking may not be needed when l
the final rulemaking on " Radiological Criteria For License Termination of l
Nuclear Facilities" has been completed.
! NMSS-C4B-18, Specific Domestic Licenses of Broad Scope For Byproduct Material. Part 33--RM#448 l
l OBJECTIVE-- The Commission is considering amending its regulations governing I
specific licenses of broad scope for byproduct material to clarify the regulatory and health and safety basis of current licensing practices and to l provide licensees with the flexibility to make certain types of changes to i their radiation safety programs. Currently, 10 CFR Part 33 provides limited l requirements. In addition to ongoing staff efforts regarding the possible l need for clarification of requirements for broad scope licensees, l consideration of changes to Part 33 was also a recommendation of the Incident i Investigation Team reviewing a recent incident involving ingestion of phosphorus-32 at a broad scope facility. The NRC is considering codification, in Part 33, of existing regulations, guidance, and license standard review plans for management oversight of broad-scope licensed programs, with regard l to the roles of the Radiation Safety Officer, the Radiation Safety Committee, l supervision, and the authorized user, as well as the use of audits and inventory requirements, i TYPE-- FURTHER MANAGEMENT CONSIDERATION IS REQUIRED i COST / BENEFIT-- If 10 CFR Part 33 is revised to provide licensees the l
flexibility to make certain types of changes to their radiation safety programs without seeking a license amendment, there vould be a reduction in l the burden to licensees and NRC.
l Recoaenendation to Proceed-- Yes The staff believes that the rulemaking l should continue. A draft advanced notice of proposed rulemaking was sent for office review and comment on June 7, 1996.
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RES-C4B-19 Transfer of Unimportant Quantities of Source or Byproduct Material to Exempt Persons. Part 40.51--RM#447 OBJECTIVE-- The proposed rule would amend the Commission's regulations to require licensees wishing to transfer unimportant quantities of source material under the provisions of part 40.51(b)(3) to obtain approval prior to transferring the material. Paragraph 40.13(a) exempts persons with source material less than 0.05% by weight from Part 40 and the requirements for a license. It is intended to exempt the low concentrations of uranium and thorium which are ubiquitous in the environment. However, the weight percent limit is not adequate to assure the protection of health and safety from any uranium and thorium which could fall under this exemption. Paragraphs 40.51(b)(3) and (4) allow licensees to transfer source material to exempt persons. Although the Commission's intent with respect to exemptions covering materials is that they are not intended to allow disposal of radioactive waste by licensees, this is not clear in the case of 40.13(a).
The intent of the rulemaking would be to control the transfer of large quantities of waste containing source material from specific licensees to persons exempt under section 40.13(a).
TYPE-- SAFETY ENHANCEMENT BUT FURTHER MANAGEMENT CONSIDERATION IS REQUIRED COST / BENEFIT-- To be provided using Management Directive 6.3 Process.
] Recommendation to Proceed-- NO Pending approval using Management Directive i 6.3 process, the staff believes that the rulemaking should not proceed until another issue is resolved. That is whether to modify through rulemaking or i legislative initiatives the concentration or conditions for licensing of source material. This issue is currently being evaluated by the staff and options will be provided to the Commissioners upon completion of this evaluation.
RES-C4B-20 Pregnancy and Breast-feeding Status of Patients 10 CFR Part 35--
RM#310--AE44--W#910129 OBJECTIVE-- The proposed rule would amend the Commission's regulations to require medical licensees to take actions to prevent unintended radiation exposures to an embryo, fetus, or breast-fed child, which may occur if the pregnancy and breast-feeding status of the patient was not known at the time of the administration. In addition, the rule would modify the definition of a
" misadministration" to include unintended radiation exposures exceeding a certain dose threshold, thus, certain events would be reportable. Addition data on the placenta transfer of radioactive drugs is needed before rulemaking can continue.
TYPE-- FURTHER MANAGEMENT CONSIDERATION REQUIRED COST / BENEFIT-- The cost would be a net cost increase to both NRC and medical use licensees. The benefit would be to prevent unintended radiation exposures 68
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! to an embryo, fetus, or breast-fed child. However, the research data to date does not allow us to estimate the cost or the full benefit of the rule.
l Recommendation to Proceed-- Yes The staff believes that the rulemaking is l needed. However, this rulemaking is on-hold because the staff will not proceed with this project until it receives guidance from the Commission as to l how the recommendations in the National Academy of Sciences Institute of Medicine report, " Radiation in Medicine: A Need for Regulatory Reform" are to be implemented.
RES-C4B-21 Revise Part 50.34(f) To Apply To Unknown Future Derinns--RM#485 OBJECTIVE-- The proposed rule would amend the Commission's regulations on Part 50.34(f) to make it generally appleable to unknown future designs, to make the regulation more performance oriented, to reference updated information (source term) and to utilize current regulatory analysis guidelines. The current regulation applies TMI requirements to certain future plants, but not to ALWRs which are presently seeking design certification.
TYPE--BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITH BUT FURTHER MANAGEMENT CONSIDERATION IS REQUIRED COST / BENEFIT-- To be provided using Management Directive 6.3 process.
Recommendation to Proceed-- NO Place on hold, pending completion of design certification of the four ALWRs l
l RES-C4B-22 Licensing Requirements for Senior Reactor Operators Limited to Fuel Handling--RM#486 OBJECTIVE-- The purpose of this proposed rulemaking is to minimize the need for granting of exemptions so that senior reactor operators may be permitted to conduct the necessary control manipulations required to grant a license or a renewal. Currently the regulations require that all operator license applicants perform five significant reactivity changes using the controls located in the control room. The senior reactor operator license however prohibits the performing of these manipulations. This rulemaking will supersede a general exemption which allows senior reactor operators to perform these significant reactivity manipulations pending a rule change.
l TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY BUT FURTHE_R l MANAGEMENT CONSIDERATION IS REQUIRED COST / BENEFIT-- To be provided using Management Directive 6.3 process.
Recommendation to Proceed-- NO Place on hold, pending Strategic Assessment review results/ guidance.
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determination, from a risk perspective, of the effectiveness of the current '
methods for licensing similar products. The rule also provides general licenses for the possession, use and transfer of certain products based on the ,
determination that the additional requirements of a specific license are not !
necessary to ensure public health and safety. One of the general license categories (Section 31.10) is obsolete, since new methods exist that allow ice !
detection without the use of radioactive material. l TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY BUT FURTHER MANAGEMENT CONSIDERATION IS REQUIRED l i COST / BENEFIT-- To be provided using Management Directive 6.3 process.
l l Recommendation to Proceed-- NO Place on hold, pending Strategic Assessment j l review results/ guidance.
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1 l CATEGORY V- DROP I
RULES TO BE DROPPED FROM FURTHER CONSIDERATION BUT MAY REQUIRE A CLOSE00T (I.E., MEMO. FRN ETC.)
NMSS-C5-02 PRM-71-11 Petition For Rulemakina From U.S. Department of Enero.y on Packaging and Transportation of Radioactive Materials, Part 71.63, OBJECTIVE-- The petitioner requests that the Commission amend its regulations ,
governing packaging and transportation of radioactive materials to i specifically exempt canisters containing vitrified high-level waste from the !
double containment requirement specified in NRC's regulations. I COST / BENEFIT-- A cost / benefit analysis has not been performed for the action l requested in the petition. If a determination is made that rulemaking is appropriate, a cost / benefit analysis will. be performed.
l-l Recommendation to Proceed-- No Staff does not recommend that NRC proceed with a formal rule. In fact, staff is considering denying the petition for a formal rule, because it believes that the action requested in the petition can be achieved by a determination under 10 CFR Part 71.63(b), which stipulates use of exemptions from NRC requirements.
RES-C5-05 Elimination of Inconsistencies Between NRC Regulations s.nd EPA HLW I Standards (Part 60)--RM#79--AC03--W#840171 i j OBJECTIVE-- The proposed rule would eliminate several inconsistencies with the EPA standards to be developed for the disposal of HLW in deep geologic repositories. The Nuclear Waste Policy Act of 1982 (NWPA) directs NRC to j promulgate criteria for the licensing of HLW geologic repositories. Section l 121(c) of this Act states that the criteria for the licensing of HLW geologic j repositories must be consistent with these standards.
!- TYPE-- FURTHER MANAGEMENT CONSIDERATION IS REQUIRED l
l COST / BENEFIT-- This rulemaking has been overtaken by new rulemaking on Conform i to EPA Standards, NAS Recommendations. Therefore, it is not cost beneficial to proceed.
Recommendation to Proceed-- No NMSS agrees that this rulemaking effort has been incorporated into C4B-13, RM #430 and is no longer needed. Accordingly, this rulemaking effort has been Terminated (dropped) and will be withdrawn from the regulatory agenda.
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1 RES-CS-09 Distribution of Source and Byproduct Material: Licensing and' Reportino Requirements Parts 32 and 40--RM#292--AE33--W#940069 OB_JECTIVE-- The advance notice of proposed rulemaking (ANPRM) was published to request public comment on contemplated amendments to the Commission's regulations governing the licensing of source material and mill tailings.
Fifteen comment letters were *eceived on the ANPRM. These comments were considered in the development of rulemaking plans. The ANPRM suggested that a two-step rulemaking may be initiated starting with a simple rule pertaining to the licensing and reporting requirements for distributors of products and l materials used by exempt persons and general licenses. The ANPRM also stated I that the NRC would consider whether to address the issues related to mills and mill tailings in a separate rulemaking. The Commission has decided that these actions rather than a single comprehensive rulemaking will be undertaken. .
l l l TvPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- There are no significant licensee costs associated with this action.
Recommendation to Proceed-- No The staff believes that there is no need for this rulemaking based on ANPR public comments. A recommendation to withdraw the ANPR and terminate the rulemaking was sent for E00/ Commission approval on 05/10/96.
RES-C5-10 Criteria for Extraordinary Nuclear Occurrence, Part 140--RM#51--
AB01--W#810014 OBJECTIVE-- The proposed rule would revise the criteria for an extraordinary nuclear occurrence (EN0) to eliminate the problems that were encountered in the Three Mile Island EN0 determination. The revised criteria should be established in the event they are needed. The current EN0 criteria are already codified in Subpart E of 10 CFR Part 140. The only way to modify these criteria, as this rule seeks to do, is through rulemaking that will also l respond to Petition For Rulemaking (PRM-140-1).
l TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- There are no.significant licensee costs associated with this i action.
Recommendation to Proceed-- No We expect that a recommendation to deny the petition for rulemaking and termination of the associated rulemaking will be sent for Commission approval. The request to terminate the rulemaking was sent for office review on May 29, 1996.
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NMSS-C5-11 Safe concentration For Possession of SNM in Contaminated Soil--
RM#409 OBJECTIVE-- The proposed rulemaking will respond to a Petition For Rulemaking From Envirocare of Utah, Inc. (PRM-150-02). The petitioner requests that the Commission amend its regulations to exempt those persons that generate or dispose of very low specific activity wastes contaminated with special nuclear materials that are not capable of forming a critical reaction from the current possession limits specified in its regulations that requires licensing under Part 61 for SNM disposal. The rule is primarily being developed to reduce a j regulatory burden. Under the current regulations, licensees are required to t obtain an NRC Part 61 disposal facility license to dispose of SNM waste, even though there is no immediate criticality hazard or safeguards concern. NRC case-specific licensing would likely be more expensive and time consuming.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY <
l l COST / BENEFIT-- Licensees would benefit by not having to obtain an NRC license to dispose of this kind of waste. At this time, at most, three licensees dispose of this waste and may benefit from the proposed rule. New LLW disposal facility licensees may benefit, but that is not clear. Only one waste site in tne country is routinely accepting large volumes of these kinds l of waste now. There are no clear safety, safeguards, or environmental i benefits from this rulemaking. Its purpose is to eliminate unnecessary j conservatism in the current regulations. I Recommendation to Procevd-- No The staff has determined that the rulemaking i I
should be terminated because it would not be desirable nor cost-effective to resolve this issue by rulemaking. The staff proposed an alternative approach to resolve the issue in a memorandum to the Commission dated November 13, 1996 and Commission SRM dated February 7, 1996 approved it. Once implemented, this alternative approach will provide the basis for resolving PRM-150-02. .
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RULEMAKING COMPLETED ACTIONS RULEMAKING ACTIVITY PLAN FOR RULEMAKINGS UNDER THE OFFICE OF THE EDO l
CAT N0. OFFICE TITLE RM N0. RIN NO. WITS NO. TYPE I
Summary of Rulemaking Activity Plan Actions Completed CATEGORY I, ACTIVE RULES COMPLETED Hicher Priority CAT NO. OFFICE TITLE RM NO. RIN NO. WITS NO. TYPE C1HP-01 NRR License Renewal, Part 54 #389 RULEMAKING COMPLETED ClHP-03 RES R.V. Anneal, #219 RULEMAKING COMPLETED ClHP-05 RES Comm. Grade Parts, Part 21 #372 RULEMAKING COMPLETED ClHP-09 RES App. J Relief, #339 RULEMAKING COMPLETED C1HP-10 RES Decom. Process, #393 RULEMAKING COMPLETED ClHP-14 RES Records /Lic. Transfer. #383 RULEMAKING COMPLETED ClHP-15 NMSS HLW Repos. Adeauate Clarification, #338 ON HOLD---SEE C48-12 C1HP-17 NMSS One-Time Extension, Parts 30, #426 RULEMAKING COMPLETED Medium Priority CIMP-02 RES Security Relax., #382 RULEMAKING COMPLETED CIMP-03 RES EP Off-Year Flexibility, #388 RULEMAKING COMPLETED ClMr-05 RES Part 2.802 Petitions #392 RULE TERMINATED--SEE C5-033 CIMP-07 NMSS Radiography Eauio. Tests #418 RULEMAKING COMPLETED C1MP-08 NMSS Physical Security Permit Revision, #415 RULEMAKING COMPLETED ClMP-09 ADM NPR-Buroen Reduction, Parts 11, 25 #419 RULEMAKING COMPLETED ClMP-11 RES Part 70 Revisions #351 ON HOLD---SEE C48-11 1
CAT NO. OFFICE TITLE RM NO. RIN NO. WITS NO. TYPE Lower Priority C1LP-01 NRR Tech Spec Rule, #395 RULEMAKING COMPLETED CILP-02 RES Table S-3 Revisions, #116 ON HOLD--SEE C48-15 ClLP-03 RES Amended Definitions, Parts 19, 20 #360 RULEMAKING COMPLETED CILP-04 RES Recordkeeping, Part 20 #401 RULEMAKING COMPLETED CILP-06 RES EP for ISFSI/HLW Repos., #180 RULEMAKING COMPLETED CILP-08 NMSS DOT /IAEA Transp. Endorse, # 98 RULEMAKING COMPLETED ClLP-09 ADM Final Rule, Part 1 #416 RULEMAKING COMPLETED CILP-10 ADM IG Records Exempt., Part 9 #303 RULEMAKING COMPLE KD ClLP-ll RES Medical Administration Part 20, 35 #384 RULEMAKING COMPLETED ClLP-12 RES NPR Decomunissioning Cost #347 ON HOLD--SEE C48-14 I Requirements, Part 50.75 CILP-14 RES Elimination of Obsolete #428 RULEMAKING COMPLETED Requirements, Part 53 CILP-15 RES Employee Allegation Protection, #422 RULEMAKING COMPLETED Part 19 CILP-16 RES Rev. Minor Amendments For #434 RULEMAKING COMPLETED Miscellaneous Cross-References l
CATEGORY II, TECH. BASIS DEVELOPMENT - RULES / PETITIONS - W 6.3 APPLIES TO SOME RtiLES Higher Priority C2HP-01 RES Extremity Doses, TECHNICAL f .IS COMPLETED--SEE C3HP-06 C2HP-02 RES Hot Particle Skin Dose, TECMICAL ETSIS COMPLETED-SEE C3HP-07 C2HP-03 RES POL-Generic Reports, TECMICAL BASIS COMPLETED-SEE C3HP-08 C2HP-06 RES Update Decomm. Funding, TECHNICAL BASIS COMPLETED-SEE C3HP-09 Parts 30, 40, 70 2
1 CAT NO. OFFICE TITLE RM NO. RIN NO. WITS NO. TYPE Medium Priority C2MP-03 RES Alt. Financial Criteria For TECHNICAL BASIS COMPLETED--SEE C3MP-09 (non-profit facil.)
C2MP-04 RES Reporting of Defects for Mat. #295 RULE TERMINATED-SEE C5-08 Part 21 Lower Priority C2LP-01 RES NPR Decommissioning Cost TECHNICAL BASIS COMPLETED--SEE CILP-12 Requirements, Part 50.75 CATEGORY III RULES AND PETITIONS BEING PLANNED - MD 6.3 APPLIES (EXCEPT TO STRICTLY ADMINISTRATIVE RULES)
Higher Priority C3HP-01 NRR SG Rule RULEMAKING IS ACTIVE--SEE C1HP-19 C3HP-02 RES Part 73.55 (Reduce Insider Reamts) RULEMAKING IS ACTIVE--SEE CIHP-21 ;
C3HP-03 RES Agreement States Authority RULEMAKING IS ACTIVE--SEE CIHP-20 under AEA 274, Part 150.20 Medium Priority C3MP-03 ADM Parts 25, 95 Conform RULEMAKING IS ACTIVE--SEE CIMP-13 to USG policy I
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CAT NO. OFFICE TITLE RM NO. RIN NO. WITS NO. TYPE i
CATEGORY IV ACTIVITIES ON HOLD 4A: Rules and Petitions For Which Further Assessment Is Required Before Deciding Whether to Initiate Rulemaking (not prioritized)
C4A-01 RES Criteria for ENO, Part 140 #51 RULE TERMINATED--SEE C5-10 '
C4A-03 RES Land Ownership Requirements -#365 RULE TERMINATED--SEE C5-07 for LLW Sites, Part 61 >
C4A-05 RES Financial Assurance Requirements TEClelICAL BASIS COMPLETED--SEE C3MP-10 ,
for UR Recovery, App. A. Part 40 ,
C4A-06 RES Previous Contamination #367 RULE TERMINATED--SEE C5-05 Reopener Prov. Pts. 30, 40, 70 :
C4A-08 RES Petition for Rulemakina From #454 PRM RESOLVED--SEE C3MP-08 MB-Microtec, USA (PRM-32-04)
C4A-09 RES Petition for Rulemaking from Tri- #455 PRM RESOLVED--SEE C3HP-Il Med Specialties. Inc. (PRM-35-12)- !
C4A-10 RES Petition for Rulemakinq from Va. #456 PRM RESOLVED--SEE C3MP-02 Electric & Power Co. (PRM-50-60)
C4A-ll RES Petition for Rulemaking from Md. #457 PETITION DENIED Safe Energy Coalition (PRM-72-01)
C4A-12 RES Petition for Rulemakinq-from #458 PETITION DENIED Measurex Corp. (PRM-150-03)
C4A-13 RES Dist. of Source Byproduct Mat. #292 RULE TERMINATED--SEE C5-09 Licensing, Part 32, 40-Phase I C4A-17 RES Storage of Radioactive Waste #462 PRM RESOLVED--SEE C3HP-12 (PRM-72-02) NEW PETITION ADDED TO CATEGORY LISTING 48: Rules That Cannot be Further Worked Without Additional Information (not prioritized - rule action '
still needs to be decided)
C48-07 RES Eliminate Inconsistencies VS NRC #79 RULE TERMINATED Regs and EPA 1:LW Stds, Part 60 4
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CAT NO. OFFICE TITLE RM NO. RIN NO. WITS NO. TYPE C4B-08 RES Implementation of EPA Stds #172 RULE TERMINATED CATEGORY V, DROP FROM FURTHER CONSIDERATION C5-01 RES Reactor Coolant Pump Seals #333 RULE TERMINATED C5-03 RES Part 2.802 Petitions #392 RULE TERMINATED C5-04 RES Implementation of EPA Stds #172 RULE TERMINATED C5-05 RES Previous Contamination #367 RULE TERMINATED Reopener Prov. Pts. 30, 40, 70 C5-07 RES Land Ownership Recuirements #365 RULE TERMINATED for LLW Sites Part 61 C5-08 RES Reporting of Defects for Mat. #295 RULE TERMINATED ,
Part 21 C5-09 RES Dist. of Source Byproduct Mat. #292 AE33 940069 2 Licensing, Part 32, 40-Phase I RULEMAKING BEING TERMINATED, SENT FOR ED0/ COMMISSION APPROVAL ON 05/10/96 C5-10 RES Criteria for ENO, Part 140 #51 AB01 810014 2 RULEMAKING BEING TERMINATED, SENT FOR 0FFICE REVIEW AND COMMENT 05/29/96 5
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HIGHER PRIORITY 1
NRR-C1HP-01 License Renewal PART 54--RM#389--AF05 OBJECTIVE-- The purpose of the revision to the current license renewal rule is to establish greater credit for existing licensee programs in the license renewal process, resolve ambiguities between the current Statement of l Considerations and the current rule, and establish a more efficient, stable, and predictable license renewal process.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADOS FLEXIBILITY COST / BENEFIT-- In general terms, the cost of license renewal has been 3 estimated to be about $30 million per plant based on the existing rule. The '
amended rule is estimated to save about $10 million per plant.
Recommendation to Proceed: Yes The final rule was published in the Federal Register on 05/08/95 (60 FR 22461).
RES-C1HP-03 Fracture Toughness Requirements for LWR h 4.are Vessels (Part 50: Appendices 6 and H)--RM#219--AD57 l OBJECTIVE-- The proposed rule would amend the Commission's regulations concerning fracture toughness (FT) requirements to resolve issues that have resulted from technological improvements and other factors. The structural integrity of a reactor pressure vessel (RPV) is ensured, in large part, by a fracture mechanics evaluation, which accounts for the effect of radiation embrittlement on the FT of the RPV materials. NRC regulations and regulatory l guides' provide the criteria and methods for estimating the extent of l
embrittlement, and for evaluating the effect of the embrittlement on RPV structural integrity. This rule will (1) clarify the requirements for pressurized thermal shock (PTS) (10 CFR 50.61), (2) make changes to the FT requirements (10 CFR 50.60, 10 CFR 50.61, and Appendix G) that RPVs must satisfy, (3) make changes to the requirements for RPV material surveillance (Appendix H), and (4) provide new requirements for the thermal annealing of a RPV to mitigate the effects of neutron irradiation so that the requirements for FT be satisfied. Additionally, based on evaluations of the Yankee Rowe pressure vessel, problems with interpreting the reguh tions were identified.
TYPE-- SAFETY ENHANCEMENT COST / BENEFIT-- There are no increased costs to licensees or to the staff as a i result of the proposed amendments to 10 CFR 50.60, 10 CFR 50.61, and 10 CFR 50 i Appendices G and H. The proposed amendments will create a set of regulations that are clear, understandable, and implementable. This will reduce the potential for wasted effort on the part of licensees due to misunderstandings 6
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over the specific requirements and procedures, and will reduce the burden on the staff for reviewing licensee submittals that are based on these misunderstandings. The alternative of taking no action would continue the increased burden on licensees and the staff due to a lack of clarity in the regulations.
The thermal annealing rule will provide the NRC staff and the licensees with a l clear direction for the use of thermal annealing as a way to maintain the toughness and ductility of a reactor vessel as required by 10 CFR 50 Appendix G and 10 CFR 50.61. NRC costs for reviewing an application by a '
licensee that proposes to anneal a reactor vessel should be reduced significantly by-issuance of this rule. It is estimated that the cost of l performing an annealing operation on a typical PWR vessel would be . 3 approximately $25-50 million dollars. A one-time demonstration to validate !
the process would cost approximately $7 million. Alternatively, energy )
replacement costs for a facility prematurely shutdown would run $0.5 million per day for the unused life of the facility. Thus, the reactor annealing operation would have a cost equivalent to 50 to 100 days of replacement power, and the one-time demonstration would have a cost equivalent to 14 days of replacement power. Replacing, instead of annealing, the reactor. vessel is estimated to cost approximately $150 - 400 million.
Recommendation to Proceed-- Yes The final rule was published in the Federal Register on December 19, 1995 (60 FR 65456).
RES-C1HP-05 Procurement of Comercial Grade Items by Nuclear Power Plant Licensees (Part 21)--RM#372--AF01 OBJECTIVE-- The final rule would amend the Comission's regulations to add flexibility for the procurement process of comercial grade items to encompass all ' items procured for use in safety-related service that are not designed and/or manufactured as basic components. This action will ensure that the procurement of comercial grade items and their subsequent dedication are performed in a manner that avoids unnecessary delay and expense while maintaining an adequate level of plant safety. The rulemaking has also been developed in response to a petition for rulemaking (PRM-21-02) submitted by NEI formerly the Nuclear Management and Resources Council (NUMARC).
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADOS FLEXIBILITY COST / BENEFIT-- The average number of plant shutdown days prevented each year is assumed to range from 0 to 2 per nuclear power plant. Assuming 112 nuclear power plants and an average cost of $300,000 per day shutdown (NUREG/CR-4012),
the estimated savings to the nuclear utility industry would. range over the following:
1 Minimum - $0 per year
- Maximum - (112 power plants) * (2 days) * ($300,000/ day / power plant)
- - $67 Million per year l 7
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discount rate and a 23-year average remaining life are assumed. The present worth factor for 5% compound interest over 23 years is approximately 13.5.
The maximum remaining life cost savings are calculated as follows:
Maximum life cost savings - $67 Million
- 13.5
- $900 Million Recommendation to Proceed: Yes The final rule was published in the Federal Register on 09/19/95 (60 FR 48369).
RES-C1HP-09 Performance-Based Primary Reactor Containment Leakage Testing for Water-Cooled Power Reactors (Part 50)--RM#339--AF00 OBJECTIVE-- The proposed rule would amend the Commission's regulations to provide a performance-based option for leakage rate testing of containments of light-water-cooled nuclear power plants. This option will be available for voluntary adoption by licensees, in lieu of compliance with the current prescriptive requirements contained in Appendix J of 10 CFR Part 50. This action is intended to improve the focus of the body of regulations by eliminating prescriptive requirements that are marginal to safety and to provide licensees greater flexibility for cost-effective implementation methods to achieve regulatory safety objectives.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- This rulemaking could (since it is voluntary) result in an overall cost savings to the nuclear industry of about $300M to $700M total.
Recommendation to Proceed: Yes The final rule was published in the Federal Register on 09/26/95 (60 FR 49495).
RES-C1HP-10 Decommissioning of Nuclear Power Reactors (Part 50)--RM#393--
AE96--W#940172 OBJECTIVE-- The proposed rule would amend the Commission's regulations on Part 50 to enhance efficiency and provide uniformity in the decommissioning process by codifying certain procedures that have been used on a case-by-case basis, such as the use of the provisions in 10 CFR 50.59 and allowing limited withdrawals from the decommissioning fund, in the decommissioning of prematurely shutdown reactors. The proposed rule will furnish the licensed community and the public a better understanding of the process as the facility moves from an operating organization to a decommissioning organization through the use of various forums for informing the public of licensee plans for decommissioning.
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TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- By adopting these provisions, the current regulatory burden will be reduced by permitting licensees greater flexibility in making financial decisions in decommissioning. By eliminating the requirement for submittal of a preliminary decommissioning plan to NRC and the need to wait for NRC approval prior to undertaking any decommissioning activities, substantial cost savings for licensees and the NRC could be realized.
Recommendation to Proceed-- Yes The staff believes that the rulemaking should continue. The proposed rulemaking was published for comment on 07/20/95 (60 FR 37374). The final rulemaking was sent for Commission approval, SECY 086, on 04/25/96 and Commission SRM dated July 2, 1996 approved the final rulemaking. The staff will proceed with the development of the implementation guidance.
RES-ClHP-14 Termination or Transfer of Licensed Activities: Recordkeeping Requirements (Parts 30. 40. 70. and 72)--RM#383--AF17 OBJECTIVE-- The proposed rule would amend the Commission's regulations pertaining to the disposition of certain records when a licensee terminates licensed activities or licensed activities are transferred to another licensee. The proposed rule would require a licensee to transfer records pertaining to decommissioning, and certain records pertaining to off site releases and waste disposal, to the new licensee if licensed activities will continue at the same site, and it would require a licensee to forward these same records to the NRC before the license is terminated. The final rule was published on 07/29/96 (61 FR 39278).
TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- An estimate of the cost of this rulemaking is $100,000 to all 1700 NRC licensees. A similar cost is expected for the NRC to index and store these records. The benefit in retaining these records is that in the case of a licensee transferring operations to a new licensee, information on spills and releases of radioactive material may be needed to properly decommission.
the facility. The benefit in transferring such records to the NRC at the end of the license is that information will be available to evaluate possible risks after licensee activities have terminated. The benefits are judged to exceed the small cost associated with finalizing this rule.
Recommendation to Proceed: Yes The staff believes that the rulemaking should continue. The final rulemaking package was sent to the Commission, SECY 298, for approval on December 19, 1995. Commission SRM dated 01/11/96 approvel final rule. The final rule was published on 05/16/96 (61 FR 24669).
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l l NMSS-C1HP-17 One-Time Extension of Certain Byproduct, Source, and Special Nuclear Material Licenses (Parts 30, 40, and 70)--RM#426--AF38 l OBJECTIVE-- The proposed rule would authorize, on a one-time basis, a five-year extension of certain byproduct, source, and special nuclear material licenses. The provisions of the licenses, under the extension, would provide the same authorizations and limits on licensee activities as they do now. The proposed rule would specify those licenses whose license expiration dates are not extended.
i TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY l
COST / BENEFIT-- The Staff estimates that more than 80 percent of its 6500 material licenses will be extended by this rulemaking. The extension of these licenses will result in the freeing of Commission resources that would otherwise be used to review renewal applications. These resources will be redirected, in part, into the design and testing of the new materials licensing process. The burden on licensee resources will be reduced as well.
Recomendation to Proceed: Yes The staff believes that the rulemaking should ;
continue. The final rulemaking package will be sent to the ED0/ Commission for approval in December 1995. The proposed rulemaking will not have an adverse effect on licensees subject to this rule, but will reduce the regulatory burden imposed on material licensees thereby conserving resources (both NRCs i and Licensees). Resources that would have otherwise been used to renew and i review these licenses can now be directed towards other more productive i activities. The proposed rulemaking was published for public comment on September 8, 1995 (60 FR 46784). The final rulemaking was published on !
01/16/96 (61 FR 1109). I l MEDIUM PRIORITY RES-C1MP-02 Change To Nuclear Power Reactor Security Requirements Associated With Containment Access control, Part 73.55 (d)(8)--RM#382--AF36 OBJECTIVE-- The proposed rule would amend the Commission's regulations by I updating the requirements for the physical security of nuclear power reactors. l l The proposed rule will reduce the regulatory burden without compromising physical protection against radiological sabotage. This rule would delete
! certain security requirements for controlling the access of personnel and materials into reactor containment during periods of high traffic such as refueling and major maintenance.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY J
i l COST / BENEFIT-- The total savings for the industry are potentially $2,000,000 per year. Also, there would be a dectease in occupational exposure for security personnel.
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Recommendation to Proceed: Yes The proposed rulemaking was published for comment on 05/10/95 (60 FR 24803). The final rule was published in the Federal Register on 09/07/95 (60 FR 46497).
l RES-CIMP-03 Production and Utilization Facilities: Emergency Planning and Preparedness Exercise Requirements (Part 50 1--RM#388--AF20--W#950032 OBJECTIVE-- The proposed rule would amend the Commission's regulations l governing domestic licensing of production and utilization facilities, as necessary, to facilitate greater flexibility in the licensee's activities associated with the annual "off-year" exercise. The proposed rule would also require licensees to continue enabling State and local governments in plume exposure pathway EPZs to participate in exercises and in drills in the interval between exercises. This proposed rule also addresses a petition for l rulemaking submitted by the Virginia Electric and Power Company (PRM-50-58).
l TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXI6ILITY COST / BENEFIT-- The proposed rule would permit but not require deleting the l annual EP exercise thereby resulting in a potential cost savings to licensees.
l Recommendation to Proceed-- Yes The staff believes that the rulemakir.g should continue. The proposed rulemaking was published for comment on 04/14/95 (60 FR 19002). The final rulemaking was approved by Commission SRM on SECY-96-060 dated 05/08/96. The final rulemaking was published on June 14, 1996 (61 FR 30129).
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NMSS-ClMP-07 Performance Requirements for Radiography Equipment. Part 34--
l RM#418--AF28 OBJECTIVE-- The final rule would amend the Commission's regulations pertaining to performance requirements for radiography equipment. The amended provision permits a licensee to use an engineering analysis in place of a performance testing criterion concerning a torque test for drive cables that is impossible to meet given the design of radiographic equipment. The amendment is necessary to relieve licensees from compliance with an impractical and unnecessary standard.
l TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- There are cost savings to both the industry and the NRC as a result of the proposed rule change. There is no impact on safety, because an l alternative test will be required which is deemed adequate to protect public health and safety.
Recommendation to Proceed: Yes The final rule was published in the Federal Register on 05/31/95 (60 FR 28323).
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l NMSS-C1MP-08 Physical Security Plan Format Changes Parts 50, 70--RM#415-- l AF27 l
OBJECTIVE- The final rule would amend the Commission's regulations to remove I
, an unnecessary security plan format requirement. This action would allow l applicants for power reactor and fuel cycle licenses to submit their physical l security plans in two parts. Current licensees would have an opportunity to i revise their physical security plans on a voluntary basis, pursuant to the !
- rules that permit licensees to make changes in security plans that do not I
decrease tha effectiveness of the plans. This rule change will not result in
! a substantive change to the content currently required in the physical security plans. .
I TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADOS FLEXIBILITY COST / BENEFIT-- A regulatory analysis was not prepared for this amendment )
because it does not involve a question of policy, will have no impact on i public health and safety, and would impose no additional burden on licensees. ;
l Recommendation to Proceed: Yes The proposed rulemaking was published for l l comment on 04/17/95 (60 FR 19170). The final rule was published in the i Federal Register on 10/25/95 (60 FR 53505).
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ADM-CIMP-09 National Performance Review - Paperwork Reduction, Parts 11, 25--
RM#419--AF21 OBJECTIVE-- A final rule to amend 10 CFR Parts 11 and 25 is being prepared for j office concurrence that will reduce the regulatory burden by reducing 1 i
paperwork and cutting red-tape in a manner that is consistent with National Performance Review initiatives. This final rule will eliminate the 5-year l expiration date for licensee "U" and "R" special nuclear material access l authorizations and "Q" and "L" access authorizations and will require the l licensee to submit renewal application paperwork only for the relatively few individuals who have not been reinvestigated by the DOE or another Federal agency within the 5/7-year span permitted in the regulations. 1 l
TYPE-- BURDEN RFOUCTION/ REGULATORY REFORM / ADDS FLEXIBILITY j COST / BENEFIT-- The public burden is expected to be reduced by 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br /> per )
licensee. l
, Recommendation to Proceed: Yes The proposed rulemaking was published for i comment on 12/28/94 (59 FR 36812). The final rule was published ir. the ;
Federal Register on 05/17/95 (60 FR 26355).
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LOWER PRIORITY NRR-CILP-01 Incorporate TS Criteria, Part 50.36--RM#395--AF06 OBJECTIVE-- The proposed rule would amend the Commission's regulations to incorporate criteria for better defining the content of technical specifications. The four criteria were defined in the Final Policy Statement on Technical Specifications Improvements for Nuclear Power Reactors published on July 23, 1993 (58 FR 39132). In the Staff Requirements Memorandum (SRM) associated with the issuance of the policy statement, the Commission directed the staff to prepare a rulemaking package to codify the four criteria contained in the Final Policy Statement on Technical Specifications Improvements for Nuclear Power Reactors.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- Use of the criteria contained in the draft final rule to improve existing technical specifications is expected to produce an improvement in operational safety through the use of more operator-oriented technical specifications, improved technical specification bases, reduced action statement induced plant transients, and more efficient use of industry and NRC resources. The industry has estimated that a plant using the criteria contained in the draft final rule to convert their existing technical specifications to the improved STS will save from $150,000 to $1,300,000 per unit per year. In addition, the NRC and the industry will save resources due to the reduction in license amendment requests, interpretations, and NGEDs and waivers of compliance.
Recommendation to Proceed: Yes The final rule was published in the Federal Register on 07/19/95 (60 FR 36953).
RES-CILP-03 Radiation Protection Requirements: Amended Definitions and Criteria Parts 19, 20)--RM#360--AE80 OBJECTIVE-- The proposed rule would amend the Commission's regulations by revising radiation protection training requirements to clarify that only workers whose assigned duties involve exposure to radiation, and who are likely to exceed the public dose limit in a year will need to be trained. It also clarifies that members of the public cannot become subject to occupational dose limits simply by entering a restricted area, and revises the definition of "public dose" so that it is clear that a licensee is responsible for dose to any member of the public from all sources under its control. The final rule also revises Part 20, so that determination of prior dose is required for anyone subject to the Part 20 monitoring requirement; and, retains a requirement in Part 20 that known overexposed workers and members of the public receive copies of any reports of the overexposure that are required to be submitted to the NRC.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY 13
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l COST / BENEFIT-- Licensees may have to revise procedures to reflect changes in this rule. This impact is offset by reduced probability of exposure to members of the public. There will be an increase in safety for those who truly need training but have not been trained due to the language in current rule. The net effect of the change in the training criterion is that fewer individuals will require training since the number who enter a restrie.ted area but who no longer need training will exceed the few additional workers who will now clearly need training.
The requirement that licensees provide reports to exposed individual is not l directly a new burden, because it was inadvertently omitted when Part 20 was I
revised in 1991.
Recommendation to Proceed: Yes The final rule was published in the Federal
- Register on 07/13/95 (60 FR 36038).
RES-CILP-04 Clarifications of Superseded Part 20 Recordkeeping Requirements--
RM#401--AA38 OBJECTIVE-- A final rule was publisned in the Federal Register on
, December 22, 1993 (58 FR 67657) that made a number of conforming amendments'to
! the NRC's standards for protection against radiation. References to the former Part 20 were removed and, in that process, certain record retention requirements not intended to be removed were inadvertently deleted. This rule reinstates those requirements to ensure that licensees continue to retain l
records generated under the previously existing provisions of Part 20.
l TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- This rulemaking will not result in any significant burden to licensees because it is primarily an administrative change to clarify the intent in the current Part 20 related to retention of these records until license termination.
Recommendation to Proceed: Yes The final rule was published in the Federal Register on 04/25/95 (60 FR 20183).
l RES-CILP-06 Emergency Planning Licensing Reauirements for Independent Spent Fuel Storage Facilities (ISFSI) and Monitored Retrievable Storage Facilities l (MRS) Part 72--RM#100--AE17 OBJECTIVE-- The final rule would amend the Commission's regulations to provide, as directed by the Nuclear Waste Policy Act of 1982, for the emergency planning licensing requirements for Independent Spent Fuel Storage Facilities (ISFSI) and Monitored Retrievable Storage Facilities (MRS).
TYPE-- FURTHER MANAGEMENT CONSIDERATION REQUIRED 14 1
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COST / BENEFIT-- For an ISFSI Facility $26K costs are estimated to be per/ year; for an MRS Facility, $72K per/ year. The rule would provide reasonable assurance that protective measures can be taken in the event of an emergency l at each facility.
l Recommendation to Proceed: Yes The final rule was published in the Federal
- Register on 06/22/95 (60 FR 32430).
NMSS-CILP-08 Update of Transportation Regulations to Incorporate New Licensing Information, Part 71--RM#98--AC41 OBJECTIVE-- The proposed rule would, in conjunction with a corresponding rule change by the U.S. Department of Transportation, update the United States Federal regulations for the safe transportation of radioactive material to l incorporate new licensing information developed since 1972. The proposed rule would respond to the need for a: (1) new crush test; (2) new deep immersion test; and (3) new limit on low specific activity material shipments.
TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- The rule is not being developed on a strict cost / benefit basis, but is being adopted on the basis of achieving compatibility between U.S.
domestic regulations 'and the transport regulations of the IAEA and major industrialized countries. This would facilitn e the shipment of radioactive materials between countries, and enable U.S. manufacturers to develop radioactive material shipping packages which could be used or sold in other countries with compatible regulation.
Recommendation to Proceed: Yes The final rule was published in the Federal Register on 09/28/95 (60 FR 50248).
ADM-CILP-09 Administrative Changes to Part 1--RM#416--AF34 OBJECTIVE-- A final rule to amend a number of parts in 10 CFR Chapter I and update the current addresses, telephone numbers, and organizational titles within the NRC has been prepared and circulated for office concurrence. This final rule is an administrative action that is necessary to reflect the consolidation of NRC headquarters employees, recent changes in the organizational structure of some NRC offices, and the change in the NRC's telephone number prefix.
TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- The finai rule is cost neutral and has no effect on safety, safeguards, or the environment.
Recommendation to Proceed: Yes The final rule was published in the Federal l Register on 05/09/95 (60 FR 24549).
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ADM-CILP-10 Add Exemption To Part 9--RM#303--AD83 l
OBJECTIVE-- A proposed rule to amend 10 CFR Part 9 and add exemption (j)(2) of l the Privacy Act to the regulations that describe exempt systems of records has been prepared and is being reviewed by the Office of the General Counsel.
This is an administrative action that would make NRC's regulations consistent with the majority of statutorily appointed Inspectors General and would clearly link each system of records to the specific exemption (s) of the Privacy Act under which each system is exempt.
l TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- The proposed rule is cost neutral and has no effect on safety, safeguards, or the environment.
l Recommendation to Proceed: Yes The proposed rulemaking was published for comment on 07/26/95 (60 FR 38282). The final rulemaking was published on 12/13/95 (60 FR 63897).
l RES-CILP-11 Medical Administration of Radiation and Radioactive Materials to Wrong Patients (Parts 20. 35)--RM#384--AF10 l OBJECTIVE-- The proposed rule would amend the Commission's regulations to clarify that the medical administration of radiation or radioactive materials i to any individual, even an individual not supposed to receive a medical i administration, is not subject to the 100 mrem dose limit in Part 20. The 1 l proposed rule does not represent a change in policy, but will indicate clearly l that doses related to medical administration fall under Part 35.
TYPE-- FURTHER MANAGEMENT CONSIDERATION REQUIRED l COST / BENEFIT-- This rule will result in improved efficiency in licensing by l eliminating the confusion on which NRC regulation applies to individuals receiving a radiation dose from a medical misadministration, and permits the NRC to treat all medical administrations in a consistent manner under Part 35_.
l There would be no incremental cost to NRC or licensees.
! Recommendation to Proceed: Yes The final rule as published in the Federal l Register on 09/20/95 (60 FR 48612).
RES-t1LP-14 Elimination of Obsolete Requirements. Part 53--RM#428--AF47 OBJECTIVE-- The proposed rule would amend the Commission's regulations by eliminating the obsolete requirements in 10 CFR Part 53, criteria and procedures for determining the adequacy of available spent nuclear fuel
! storage capacity.
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TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE l
l COST / BENEFIT-- There is not a Cost / Benefit evaluation associated with this action since the antiquated regulation is being eliminated. l 1
Recommendation to Proceed-- Yes The staff believes that the rulemaking '
should continue. The final rulemaking was sent for office review on 04/10/96.
The final rulemaking was signed by EDO on June 25, 1996. The final rulemaking was published on July 9, 1996 (61 FR 35935).
l RES-CILP-15 Employee Allegation Protection. (Part 19)--RM#422--AF45--W#950118 OBJECTIVE-- The proposed rule would amend the Commission's regulations by updating Section 19.11 regarding the proper NRC Form 3 to use. The proposed l
rulemaking would also update Section 19.20 to include an appropriate reference to Parts 61 and 76.
TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE l COST / BENEFIT-- This rulemaking clarifies the Commission's regulations and will i l have no cost or burden impact on licensees.
l Recommendation to Proceed: Yes The staff believes that the rulemaking should l continue. The rulemaking plan was approved by ED0 on November 14, 1995. The
- direct final / proposed rulemaking was sent for ED0/ Commission approval on l 01/31/96. ED0 approved the proposed rulemaking and/or the direct final l rulemaking on 02/09/96. The proposed rulencking was published on 02/22/96 (61 FR 6796) and the final rulemaking was published on 02/22/92 (61 FR 6762). The l final rule became effective in April 1996.
l RES-CILP-16 Revision t' 40 CFR Parts 30. 40. 70. and 72 Regarding Minor Amendments to Miscellaneous Cross-References--RM#434--AF50 OBJECTIVE-- The final rulemaking will make minor revisions to achieve consistency in the cross-references associated with several recent changes to the NRC's regulations affecting decommissioning.
TYPE--0THER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE l
COST / BENEFIT-- The final rulemaking does not impose any new requirements or additional costs on licensees because it is administrative in that it acnieves consistency in cross-references and does not result in any substantive change.
Recommendation to Proceed-- Yes. The final rulemaking was sent to the E00 on 05/22/96. The final rulemaking was approved by ED0 on 05/29/96. The final rulemaking was completed on June 12, 1996 (61 FR 29636).
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. O CATEGORY IVA- ACTIONS COMPLETED 1
RES-C4A-08 PRM-32-04 Petitioner / Petition Docket Number: mb-microtec (USA)-- )
RM#454 l Federal Register Citation: October 18, 1993 (58 FR 53670) 1 l 1 l
Subject:
Place timepieces with gaseous tritium light sources on the same regulatory basis as timepieces with luminous tritium paint.
The petitioner requests that the Commission amend its regulations to include timepieces with gaseous tritium light sources and subsequently allow their !
distribution under the same requirements applicable to the distribution of l timepieces with luminous tritium paint. The resolution and close-out of this petition is scheduled for rulemaking (refer to C3MP-08, RM #423). A rulemaking plan using MD 6.3 is being developed and will be sent to E00/ Commission for approval.
RES-C4A-09 PRM-35-12 Petitioner / Petition Docket Number: Tri-Med Specialties.
Inc.--RM#455 Federal Register Citation: December 2, 1994 (59 FR 61831) i
Subject:
Distribution, under general licensing and/or exemption, of capsules l containing one micro-curie of carbon-14 (C14) for administration to humans for l in vivo diagnostic testing. l 1
l The petitioner requests that the Commission amend its regulations to permit l l licensed pharmaceutical manufacturers to commercially distribute, under i general licensing and/or exemption, capsules containing one microcurie of carbon-14 (C14) for administration to humans for in' vivo diagnostic testing.
The resolution and close-out of this petition is scheduled for rulemaking l (refer to C3HP-11, RM #432). A rulemaking plan using MD 6.3 is being l developed and will be sent to ED0/ Commission for approval.
l RES-C4A-10 PRM-50-60 Petitioner / Petition Docket Number: Virginia Electric and Power Company--RM#456 l Federal Register Citation: April 13, 1994 (59 FR 17499) l l
Subject:
Change the frequency with which each iicensee conducts independent l reviews and audits of its emergency preparedness program from annually to
- biennially.
The petitioner requests that the Commission amend its regulations to change the frequency with which each licensee conducts independent reviews and audits of its emergency preparedness program from annually to biennially. The i
resolution and close-out of this petition is scheduled for rulemaking, it has 18
been combined with PRM-50-59 (refer to C3MP-02, RM #413). A rulemaking plan using MD 6.3 is being developed and will be sent for ED0/ Commission approval.
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RES-C4A-17 PRM-72-02 Petitioner / Petition Docket Number: Portland General Electric Comgany--RM#462 l
l Federal Register Citation: February 1, 1996 (61 FR 3619) i
Subject:
Disposal of radioactive waste The petitioner requests that the Commission amend its regulations which govern independent storage of spent nuclear fuel and high-level radioactive waste to specifically include radioactive waste produced from reactor operations pending its transfer to a permanent disposal facility. The resolution and close-out of this petition is scheduled for rulemaking, (refer to C3HP-12, RM
- 436). A rulemaking plan using MD 6.3 is being developed and will be sent for i ED0/ Commission approval .
l RES-C4A-11 PRM-72-01 Petitioner / Petition Docket Number: Maryland Safe Energy Coalition Federal Register Citation: September 8, 1993 (58 FR 47222)
Subject:
Dry cask storage The petitioner requests that the Cornission amend its regulations regarding generic issues related to dry cask storage. The petition for rulemaking was colsedout by petition denial published in the Federal Register i on 07/26/95 (60 FR 38286).
RES-C4A-12 PRM-150-03 Petitioner / Petition Docket Mumber: Measurex Corporation Federal Register Citation: October 5, 1994 (59 FR 50706)
Subject:
Agreement States to notify the NRC of all proposed and completed regulatory actions The petitioner requests that the Commission amend its regulations governing Agreement State regulation of byproduct material to require that Agreement States notify the NRC of all proposed and completed regulatory actions. The petitioner also requests that the NRC amend its regulations governing rulemaking to require that the NRC publish Agreement State notices of proposed and completed
- rulemaking. The petition for rulemaking PRM-130-03 was denied on 01/24/96 (61 FR 1857) 19 l
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CATEGORY V- RULEMAKINGS TERMINATED 4
RES-C5-01 Sefety Requirements For Reactor Coolant Pump Seals (Part 50)RM#333-
-AE5_3 OBJECTIVE-- The proposed rule would amend the Commiss w s regulations to c
require that pressurized water reactor licensees improve, in a cost effective manner, assurance of reactor core coolability for questionable reactor coolant i pump (RCP) seal integrity conditions during certain postulated off normal events, for example, station blackout (10 CFR 50.2 and 50.63), loss of essential service water (SW), or loss of component cooling water.
TYPE-- IMPROVING SAFETY COST / BENEFIT-- The Commission concluded that there was insufficient basis for gains in safety for this proposed rulemaking and there may be some concerns with seal evaluation models being used. There is also a wide range of plant-specific considerations for PWRs, some of which could result in licensees expending excessive resources without a commensurate benefit. Licensees are expected to address pump seal failure under their IPE program.
Recommendation to Proceed: No - Commission SRM on SECY-94-225 dated March 31, 1995 has disapproved issuance of the proposed rule for public comment.
Accordingly, this rulemaking effort has been Terminated (dropped) and has been withdrawn from the regulatory agendi..
RES-C5-03 Procedures for Submission of Petitions for Rulemaking (2.802)--
RM#392--AF23 O_BJECTIVE-- The proposed rule would an. - ' he Ccan ; agulations pertaining to petitions for rulemaking. _ propo ..e would create three categories of petitions, which are not cxplicitly included in the current regulations. The proposed rule would improve the openness of the rulemaking process by defining review priorities and will facilitate a more expeditious review and disposition of petitions by the NRC by providing detailed supporting information. The proposed rule would offer an alternative within the petition process to allow petitioners to submit more detailed supporting information than is requfred under the current regulations and is responsive to a Regulatory Review Group Recommendation.
TYPE-- BURDEN REDUCTION / REGULATORY REFORM / ADDS FLEXIBILITY COST / BENEFIT-- The proposed changes would provide incentive to submit sufficient supporting information in petitions to facilitate more expeditious disposition by the NRC, and would also improve openness of the petition for rulemaking process by delineating priorities for review of the petitions.
This expanded right is available to any interested petitioner and the provision to submit sufficient supporting information in petitions is entirely 21
i , . i voluntary. The proposed rule does not affect any existing rights and gives expanded rights to licensees and interested persons. This rule does not 1 involve any new provisions which would impose backfits as defined in 10 CFR j 50.109(a)(1), therefore no backfit analysis pursuant to 10 CFR 50.109(c) is l required for this proposed rule.
1 Recommendation to Proceed: No NRR agrees that the rulemaking should not be l continued. Based on the results of public comments, the concensus was that l changes should be made by administrative means rather than by rulemaking. The ;
basis was that a substantive change in the legal process or opportunity for ;
! the submittal of a petition was not being proposed, only administrative I enhancements for expedited processing of petitions for rulemaking were being I added; future modifications to administrative procedures could more easily be l accomplished by administrative means rather than by rulemaking; and l administrative changes would require less resources to implement than rulemaking. A Commission memorandum recommending that this rulemaking be ,
terminated and publication of a Federal Register notice withdrawing the i proposed rulemaking was sent for approval on October 30, 1995. Commission SRM dated December 21, 1995 approved terminating the proposed rulemaking. l l
Accordingly, the proposed rulemaking withdrawal notice was published in the Fereral Register on 02/06/96 (61 FR 4378). l l \
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RES-C5-04 Implementation of EPA Standards, Part 60--RM#172 l OBJECTIVE-- The proposed rule would eliminate inconsistencies in the l implementation of Part 60 regulations and the EPA standards.
l TYPE-- FURTHER MANAGEMENT CONSIDERATION IS REQUIRED l
! COST / BENEFIT-- The cost and benefits to NRC and licensees cannot be estimated at this time.
Recommendation to Proceed: No NMSS and NRR agree that this rulemaking should not be continued. Part 60 rulez..aking changes relating to EPA standards are on-hold pending EPA action to incorporate the NAS recommendation. The need for additional rulemakings will be determined after EPA has developed and published its rule. Therefore, this rulemaking has been Terminated (dropped).
l RES-C5-05 Previous Contamination Add A Reopener Provision In The Regulations For Previously Contarinated Sites Parts 30, 40, 70--RM#367 OBJECTIVE-- The proposed rulemaking would revise the Commission regulation to t address an action that is associated with the Site Decommissioning Management l Plan. This action would address cases where contamination is found that would l be a significant health risk, either at a facility where the NRC license has been terminated or a never-licensed facility, by including a provision in the regulations addressing the conditions under which a license could be reopened.
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- r TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE COST / BENEFIT-- To be provided using Management Directive 6.3 process.
! Recommendation to Proceed: No NMSS agrees that this rulemaking effort has l been incorporated into C1HP-08, RM #211 and is no. longer needed. Accordingly, i this rulemaking effort has been Terminated (dropped).
! RES-C5-07 Land Ownership Requirements for Low-Level Waste Sites. Part 61--
RM#365--AE88 OBJECTIVE-- The advance notice of proposed rulemaking (ANPRM) was published to request public comment on the need to develop a generic rulemaking to allow a licensee to own the land that is used for a low-level waste disposal site.
Current regulations require Federal or State ownership.
TYPE-- OTHER: GENERAL / PROCEDURAL / PROCESS / ADMINISTRATIVE l
1 i COST / BENEFIT-- There are no significant licensee costs associated with this
( action.
i Recommendation to Proceed: No NMSS, SP and 0GC agree that based on the review of public comments there is no need for this rulemaking and therefore, the rulemaking was Terminated (Dropped). A recommendation that no change to the existing NRC regulation was approved by Commission SRM in June 1995. The
- proposed rule withdrawal notice was published in the Federal Register on 07/18/95 (60 FR 36744).
f RES-C5-08 Clarification of Reporting of Defects and Noncompliance for Materials Facilities (Part 21)--RM#295--AE18--W#910107 OBJECTIVE-- The proposed rule would amend the Commission's regulations concerning the reporting of defects and noncompliance to clarify the applicability of these provisions to materials and fuel cycle licensees. The I proposed rule would clearly define the applicability of these provisions to the different types of licensees and would take into account the differences between different classes of licensees.
TYPE-- FURTHER MANAGEMENT CONSIDERATION REQUIRED COST / BENEFIT-- To be proviai;d using Management Directive 6.3 process.
Recommendation to Proceed: No A rulemaking plan using MD 6.3 process was developed. As a result of the ongoing regulatory analysis, a Commission paper i was sent for ED0/ Commission approval, recommending that this rule be terminated. Commission SRM on SECY-96-063 dated April 12, 1996 approved I terminating the rulemaking on 10 CFR Part 21. On April 15, 1996, A memorandum to this effect was sent to Office of the Inspector General.
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, n LIST OF CANDIDATE RULEMAKINGS IDENTIFIED BY THE NPR REVIEW
- 1. Statement of Organization and General Information, Part 1 (legislation
- Needed)
- 2. Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders, Part 2
- 3. Standards for Protection Against Radiation, Part 20
! 4. Fitness-for-Duty Programs, Part 26
- 5. General Domestic Licenses for Byproduct Material, Part 31
! 6. Specific Domestic Licenses to Manufacture and Transfer Certain Items Containing Byproduct Material
! 7. Medical Use of Byproduct Material, Part 35 1
- 8. Domestic Licensing of Source Material, Part 40
- 9. Information requested by the Attorney General for Antitrust Review, i 4
Part 50 (s50.33a) (legislation Needed)
- 10. Additional TMI-Related Requirements, Part (650.34(f))
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- 11. Appendices M, N, 0 and Q, Part 50
- 12. Criteria and procedures for Determining the Adequacy of Available Spent Nuclear Fuel Storage Capacity, Part 53
- 13. Operators' Licenses, part 55 ,
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- 14. Physical Protection of Plants and Materials, Part 73
- 15. Continued Commission Authority Pertaining to Byproduct Material, Part 150 (legislation Needed)
- 16. 10 CFR Parts 170 and 171 (legislation Needed)
ATTACHMENT 3
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