ML20199L170
| ML20199L170 | |
| Person / Time | |
|---|---|
| Issue date: | 12/02/1997 |
| From: | Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Inhofe J, Schaefer D HOUSE OF REP., SENATE, ENVIRONMENT & PUBLIC WORKS |
| References | |
| CCS, NUDOCS 9802090138 | |
| Download: ML20199L170 (2) | |
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WASHINGTON. D.C. 20%!M001 December 2, 1997 The Honorable James N. Inhofe, Chairman Subcommitte.s on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510
Dear Mr. Chairman:
In the near future, the U.S. Nuclear Regulatory Commission (NRC) Intends to publish in the Federal Realster a direct final rule which will amend its regulations to allow persons licensed to construct or operate light water nuclear pow 3r reactors the option cf either meeting the criticality accident requirements of paragraph (a) of 10 CFR 70.24 in handling and storage areas for SNM, or electing to comply with certain requirements that would be incorporated into 10 CFR Part 50. These requirement generally have been used as the basis for granting exemptions to the requirements of 10 CFR 70.24 to reactor licensees in the past. In addition, paragraph (d) of 10 CFR 70.24 is being revised because it is redundant to 10 CFR 70.14(a).
Sincerely,
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Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Register Notice cc: Senator Bob Graham CCS9\\
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December 2, 199'i lhe Honorable Dan Schaefer, Chairman i
Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
i in the near future, the U.S. Nuclear Regulatory Commission (NRC) intends to publish in the Federal Register a direct final rule which will amend its regulations to allow persons licensed to construct or operate light-water nuclear power reactors the option of either meeting the c*iticality accident requirements of paragraph (a) of 10 CFR 70.24 in handling t.nd storage areas for SNM, or electing to comply with certain requirements that would be incorporated into i
10 CFR Part 50. These requirements generally have been used as the basis for granting exemptions to the requirements N 10 CFR 70.24 to reactor licensees in the past. In addition, paragraph (d) of 10 CFR 70.24 is b&g revised because it is redundant to 10 CFR 70.14(a).
i Sincerely, A Iint/I Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Register Notice cc: Representative Ral a Hall t
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[7590-01-P]
NUCLEAR REGULATORY COMMISSION 10 CFR Parts 50 and 70 RIN: 3150-AF87 Criticality Accident Requirements AGENCY: Nuclear Regulatory Commission.
-ACTION: Proposed rule.
& W MARY: The Nuclear Regulatory Commission (NRC) is amending its regulations to provide light-water nuclear power reactor licensees with greater flexibility in meeting the requirement that licensees authorized to possess more than a small amount of special nuclear material (SNM) maintain a criticality monitoring system in each area where the materialis handled, used, or stored. This action is taken as a result of the experience gained in processing and evaluating a number of exemption requests from power reactor licensees and NRC's safety assessments in response to these requests that concluded that the likelihood of criticality was negligible.
DATES: Comments on the proposed rule must be received on or before (30 days after publication in the Federal Register).
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ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudication Staff.
Hand deliver comments to 11555 Rockville Pike, Maryland, between 7:45 am and 4:15 pm on Federal workdays.
Copies of any comments received r'1ay be examined at the NRC Public Document Room,2120 L Street NW. (Lower Level), Washington, DC.
For information on submitting comments electronically, see the discussion under Fi :tronic Access in the Supplementary Information section.
FOR FURTHER INFORMATION CONTACT: Stan Turel, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6234, e-mail spt@nrc. gov.
SUPPLEMENTARY INFORMATION:
For additional information see the Direct Final Rule published in the rules section of this Federal Register.
Procedural Background Because NRC considers this action noncontroversial and routine, we are publishing this proposed rule concurrently as a direct final rule. The direct final rule will become effective on (75 days after publication in the Federal Register). However, if the NRC receives significant adverse comments on the direct final rule by (30 days after publication in the Federal Register),
then.the NRC will publish a document that withdraws the direct final rule, if the direct final rule is withdrawn, the NRC will address in a Final Rule the comments received in response to the proposed revisions in a subsequent final rule. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period for this action in the event the direct final rule is withdrawn.
Electronic Access You may also provide comments via the NRC's interactive rulemakirig web site through the NRC home page (http://www.nrc. gov). This site provides the availability to upload comments as files (any format), if your web browser supports that function. For information about the interactive rulemaking site, contact Ms. Carol Gallagher, (301) 415-6215; e-mail CAG@nrc. gov.
List of Subjects 10 CN Part 50 Antitrust, Classified information, Criminal penalties, Fire protection, IntergovemmeriWI relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.
10 CFR Part 70 Criminal penalties, Hazardous matenals transportation, Material control and accounting, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material. e
For the reasons set out in the creamble and under the authority of the Atomic Energy l
Act of 1954, as amended, the Energy Reorgan!zation Act of 1974, as amended, the National
- Environmental Policy Act of 1969, as amended, and 5 U.S.C. 553, the NRC is considering adopting the following amendments to 10 CFR Parts 50 and 70.
l PART 50-DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES The authority citation for 10 CFR Part 50 continues to read as follows:
- 1. Authonty: Secs. 102,103,104,105,161,182,183,186,189,68 Stat. 936,937,938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282); secs, 201, as amended, 202, 206, 88 Stat.1242, as amended 1244,1246, (42 U.S.C. 5841, 5842, 5846).
Section 50.7 also issued under Pub. L. 95 - 601, sec.10, 92 Stat. 2951, as amended by Pub. L.102 - 486, sec. 2902,106 Stat. 3123, (42 U.S.C. 5851). Sections 50.10 also issued under secs. 101,185,68 Stat. 936,955, as amended (42 U.S.C. 2131, P.235); sec.102, Pub. L.
91 - 190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13,50.54(dd), and 50.103 also issued under sec.108,68 Stat. 939, as amended (42 U.S.C. 2138). Sections 50.23,50.35,50.55, and 50.56 also issued under sec.185,68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a,50.55a and Appendix Q also issued under sec.102, Pub. L. 91 - 190,83 Stat. 853 (42 U.S.C. 4332).
Sections 50.34 and 50.54 also issued under sec. 204,88 Stat.1245 (42 U.S.C. 5844).
- Sections 50.58, 50.91, and 50.92 also issued under Pub. L. 97 - 415, 96 Stat. 2073 (42 U.S.C.
2239). Section 50.78 also issued under sec.122,68 Stat. 939 (42 U.S.C. 2152). Sections 50.80 50.81 also issued under sec.184,68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued under sec.187,68 Stat. 955 (42 U.S.C. 2237)...
- 2. Section 50.68 is added under the center heading *lssuancG, Limitations, and Conditions of Licenses and Construdion Permits" to read as follows:
1 6 50.68 Criticality accident reauirements.
(a) Each holder of a construction permit or operating license for a nuclear power reactor issued under this part, or a combined license for a nuclear power reactor issued under part 52 of this chapter shall comply with either 10 CFR 70.24 of this chapter or requirements in paragraph (b).
(b) Each licensee shall comply with the folicwing requirements in lieu of maintaining a monitoring system capable of detecting a criticality as described in 10 CFR 70.24:
(1) Plant procedures may not permit handling and transportation at any one time of
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more fuel assemblies than have been determined to be safely subcritical under the most adverse moderation conditions feasible by unborated water.
(2) The estimated ratio of neutron production to neutron absorption and leakage (k-effective) of the fresh fuel in the fresh fuel storage racks shall be calculated assuming the racks are loaded with fuel of the maximum permissible U-235 enrichment and flooded with pure water and must not exceed 0.95, at a 95 percent probability,95 percent confidence level.
(3) If optimum moderation of fresh fuel in the fresh fuel storage racks occurs when the racks are assumed to be loaded with fuel of the maximum permissible U-235 enrichment and filled with low-density hydrogenous fluid, the k-effective corresponding to this optimum moderation must not exceed 0.98, at a 95 percent probability, 95 percent confidence level.
(4) If no credit for soluble boron is taken, the k-effective of the spent fuel storage racks loaded with fuel of the maximum permissible U-235 enrichment must not exceed 0.95, at a 95 percent probability,95 percent confidence level, if flooded with pure water. If credit is taken for l
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soluble boron, the k-effective of the spent fuel storaga racks loaded with fuel of the maximum permissible U-235 enrichment must not exceed 0.95, at a 95 percent probability,95 percent confidence level, if flooded with borated water, and the k effective must remain below 1.0 (subcritical), at a 95 percent probability,95 percent confidence level, if flooded with pure water, (5) The quantity of SNM, other than nuclear fuel stored on site, is less than the quantity necessary for a critical mass.
(6) Radiation monitors, as required by GDC 63, are provided in storage and associated handlinp areas when fuel is present to detect excessive radiation levels and to initiate appropriate safety actions.
(7) The maximum nominal U-235 enrichment of the fresh fuel assemblies is limited to no greater than five (5.0) percent by weight.
PART 70-DOMESTIC LICENSING OF SPECiAL NUCLEAR MATERIAL The authority citation for 10 CFR Part 70 continues to read as follows:
- 1. Authority: Secs. 51,53,161,182,183,68 Stat. 929,930,948,953,954, as amended, sec. 234, 83 Stat. 444, as amended, sec. 1701,106 Stat. 2951,2952,2953 (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282, 2297f); secs. 201, as amended, 202, 204, 206, 88 Stat.1242, as amended, 1244,1245,1246, (42 U.S.C. 5841, 5842, 5845, 5846).
Sections 70.1(c) and 70.20a(b) also issued under secs. 135,141, Pub. L. 97 - 425, 96 Stat. 2232,2241 (42 U.S.C.10155,10161). Section 70.7 also issued under Pub. L. 95 - 601, sec.10,92 Stat. 2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec.122,68 Stat. 939 (42 U.S.C. 2152). Snction 70.31 ci:o issued und:r s:c. 57d, Pub. L. 93 -
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' 377,88 Stit. 475 (42 U.S.C. 2077). Stetions 70.36 and 70.44 also issutd und:r s:c.184,68 L
Stat. 954, as amended (42 U.S.C. 2234).
Section 70.61 also issued under secs. 186,187,68 Stat. 955 (42 U.S.C. 2236,2237).
Section 70.62 also issued under sec.108,68 Stat. 939, as amended (42 U.S.C. 2138).
- 2. In 9 70.24, paragraph (d) is revised to read as follows:
' G 70.24 Criticality accident reauirements.
(d) The requirements in paragraph (a) through (c) of this section do not apply to holders of a construction permit or operating license for a nuclear power reactor issued pursuant to part 50 of this chapter, or combined licenses issued under part 52 of this chapter, if the holders comply with the requirements of paragraph (b) of 10 CFR 50.68 of this chapter.
. Dated at Rockville, Maryland this d day of MdY _1997.
For the Nuclear Regulatory Commission.
/L/ Joseph Callan,
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ExecuMe Director for Operations..
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CONGRESSIONAL CORRESPONDENG SYSTEM
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DOCUMENT PREPARATION CBEC172ST this c'reck list is to be submitted with each doaunent (or group of Qs/As) sentfor vrocessing intf tht 'CCS.
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- 1. BRIEFDESCRIPTION OFDOCUMENT(S)_
A, D
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- 2. TYPE OFDOCUMENT X CORRESPONDENG HE4 RINGS (QUAs) 3, DOCUMENT CONTROL _ SENSITIVE (NRC ONLY)
X NON-SENSITIVE
- 4. CONGkESSIONAL COMMITIEE AND SUBCOMMITIEE ({f applicable)
Congressional Comminee Subcomminee S. SUBIECTCODES (A)
(B)
(C) 6, SOURG OFDOCUMENTS (A)
SS20 (DOCUMENT NAME
)
(B)
SC4N (C)
ATIAWMENTS (D)
G1HER
- 7. SYSTEYI0GDATES f
(A) 2N/9/ DATA OC4 SENTDOCUMENT TO CCS (B)
DATE CCS RECETVED DOCUMENT (C)
DATE RETURNED TO OC4 FOR ADDITIONAL INFORMATION (D)
DATE RESUBMITIED BY OC4 TO CCS (E)
DATE ENTERED INTO CCS BY (F)
DATE OC4 NOTIFIED THATDOCUMENT 15 IN CCS COMMENTS:
RELEASE TO PDR
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