ML20203K514

NRC Regulatory Agenda.Semiannual Report.July-December 1997

ML20203K514
Person / Time
Issue date:	02/28/1998
From:	NRC OFFICE OF ADMINISTRATION (ADM)
To:
References
NUREG-0936, NUREG-0936-V16-N02, NUREG-936, NUREG-936-V16-N2, NUDOCS 9803050116
Download: ML20203K514 (68)

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._ ____ _ . - _ _ _ _ _ _ .

i NUREG-0936

- Vol.16, No. 2 NRC Regulatory Agenda

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Semiannual Report July - December 1997 4

U.S. Nuclear Regulatory Commission Office of Administration

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

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

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

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

Referenced documents available for inspection and copying for a fee from the NRC Public Document Room include NRC correspondence ard Internal NRC memoranda; NRC bulletins, circulars, Information notices, inspection and investigation notices; licensee event reports; vendor reports and correspondence; Commission papers; and applicmt and licensee docu-ments and correspondence.

The following documents in the NUREG series are available for purchase from the Government Drinting Office: formal NRC staff and contractor reports, NRC-sponsored conference pro-

eedings, international agreement reports, grantee reports, and NRC booklets and bro-chures. Also available are regulatory guides, NRC regulations in the Code of Federal Regula-tions, and Nuclear Regulatory Commission Issuances.

Documents available from the National Technical Information Service include NUREG-series reports and technical reports prepared by other Federal agencies and reports prepared by the Atomic Energy Commission, forerunner agency to the Nuclear Regulatory Commission.

Documents available from public and special technical libraries include all open literature items, such as books, Journal articles, and transactions. Federal Register notices, Federal and State legislation, and congressional reports can usually be obtained from ther,e libraries. 1 Documents such as theses, dissertations, foreign reports and translations, and non-NRC con-forence proceedings are available for purchase from the organization sponsoring the publica-tion cited.

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

Copies of industry codes and standards usou !n a substantive manner in the NRC regulatory process are maintained at the NRC Library, Two White Flint North 11545 Rockville Pike, Rock-ville, MD 20052-2738, for use by the public. Codes and standards are usually copyrighted and may be purchased from the originating organization or, if they are American N'stional Standards, from the American National Standards Institute,1430 Broadway, New York, NY 10018-3308.

NUREG-0936 Vol.16, No. 2 NRC Regulatory Agenda Semiannual Report July - December 1997 Manuscript Completed: Febnwy 1998 Date Published: Febnmy 1998 Omce of Administration U.S. Nuclear Regulatory Comminion Washington, DC 20555-0001 9 ~'.

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Prefacc The Regulatory Agenda is a semiannual identified with a petition for rulemaking compilation of all rules on which the NRC (PRM) number. If more than one petition has recently completed action, or has appears under the same CFR part, the proposed action, or is considering action, and petitions are arranged by PRM numbers in of all petitions for rulemaking that the NRC consecutive order within that part of Title 10.

has received that are pending disposition.

A Regulation Identifier Number (RIN) has Organization of the Agenda been added to each rulemaking agenda entry.

This identification number will make it easier The agenda consists of two sections that for the public and agency ollicials to track have been updated through December 31, the publication history of regulatory actions.

1997. Section 1, " Rules," includes ( A) rules The dates listed under the heading on which final action has been taken since " Timetable" for scheduled action by the June 30,1997, the closing date of the last Commission, the Executive Director for NRC Regulatory Agenda;(B) rules published Operations (EDO), the Chief Financial previously as proposed rules on which the Ollicer (CFO), or the ChiefInformation Commission has not taken final action;(C) Ollicer (CIO) on particular rules or petitions rules published as advance notices of are considered tentative and are not binding proposed rulemaking for which neither a on the Commission or its stalT. They are proposed nor final rule has been issued; and included for planning purposes only. This (D) unpublished rules on which the NRC Regulatory Agenda is published to provide expects to take action the public carly notice and opportunity to participate in the rulemaking processSection II, " Petitions for Rulemaking," llowever, the NRC may consider or act on includes (A) petitions denied or incorporated any rulemaking proceeding even ifit is not into fmal rules since June 30,1997; (B) included in this Regulatory Agenda.

petitions incorporated into proposed rules; Conversely, the inclusion in this Regulatory and (C) petitions pending statTreview. Agenda of unpublished rules on which the NRC is considering action does not commit in Section 1 of the agenda, the rules are the NRC to publishing the rule for public ordered from the lowest to the highest part comment in the Federal Register within Title 10, Chapter I, of the Code of Federal Regulations (Title 10). If more than Rulemnkings Approved by the Esecutive  ;

one rule appears under the same part, the Director for Operntions (EDO) l rules are arranged within that part by date of l

most recent publication. If a rule amends The Executive Director for Operations  ;

multiple parts, the rule is listed under the initiated a procedure for the review of the l lowest alTected part. In Section 11 of the regulations being prepared by stafroflices agenda, the petitions are ordered from the that report to him to ensure that staff l

l lowest to the highest part ofTitle 10 and are resources were being allocated to achieve iii NUREG-0936

Preface NRC Regulatory Agenda NRC's regulatoly priorities most effectively. period has closed will be considered ifit is This procedure requires EDO approval practical to do so, but assurance of before staff resources may be expended on consideration cannot be given except as to the development of any new rulemaking. comments received on or before the closure dates specified in the agenda.

Those unpublished rules whose further development has been terminated will be The agenda and any comments received on noted in this edition of the agenda and any rule listed in the agenda are available for deleted from subsequent editions. Rules public inspection, and copying for a fee, at whose termination was directed subsequent the Nuclear Regulatory Commission's Public to publication of a notice of proposed Document Room,2120 L Street, NW.

rulemaking or an advance notice of proposed (Lower Level), Washington, DC, between rulemaking will be removed from the agenda 7:45 a.m. and 4:15 p.m.

aller publication of a notice of withdrawal in the Federal Register. Rules and Petitions for Additional Rulemaking information Rulemaking that appear in the agenda for the >

first time are identified by an asterisk (*). For further information concerning NRC rulemaking procedures or the status of any Public Participation in Rulemaking rule listed in this agenda, contact Betty K.

Golden, Regulations Specialist, Rules and Comments on any rule in the agenda may be Directives Branch, Ollice of Administration, sent to the Secretary of the Commission, U.S. Nuclear Regulatoiy Comniission, U.S. Nuclear Regulatory Commission, Washington, DC 20555 0001, Telephone Attention: Rulemakings and Adjudications (301) 415-6863 (persons outside the StalT, Washington, DC 20555 0001. Washington, DC, metropolitan area may call toll free; 800-368-5642), or e-mail Comments may also be hand delivered to bkg2@nre gov. For further information on One White Flint North,11555 Rockville the substantive content of any rule listed in Pike, Rockville, Maryland, between 7:30 a m. the agenda, contact the individual listed and 4:15 p.m., Federal workdays. Commentr under the heading " Agency Contact" for that received on rules for which the comment rule.

NUREG-0936 iv

CONTENTS g

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

...... .. ...... ...... .. .. . . iii (A) Final Rules 1

1. Minor Correcting Amendments (Part 2) ... .. ..... . . .,,.1

2. Notice to Employees; Minor Amendment (Part 19) . .. .. . ... I

3. Radiological Criteria for Decommissioning of Nuclear Facilities (Parts 20, 30,40, 50,51,70,72) .

. .. .. .. . .I

4. Reporting Requirements for Unauthorized Use of Licensed Ra<inoactne Material (Part 20) . ,

2

5. Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon 14 Urea (Parts 30,32) 2 6.

Administration of Byproduct Material or Radiation to Patients Who May Be Pregnant (Pan 35) , . . ,

,. . , 2

7. Definition of Safety Related Structures, Systems, and Components (Part 50) . 3

8. Power Reactor Facilities Under a Possession Only License (Part 50) . , ,... 3

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

. .. 3

10. Criticality Accident Requirements'(Parts 50 and 70) . . . 4

11. Changes to Nuclear Power Plant Security Requirements (Part 73) . . . 4 L2. Information Collection Requirements: Statutory and Technica! Amendments (10 CFR Chapter 1) .

4 (11) Proposed Rules

13. Availability of Oflicial Records (Part 2) 7 14.

Procedures Applicable to Proceedings for the issuance of Licensees for the Receipt of High-Level Radioactive Waste at a Ocologic Repository (Part 2) 7 v NUREG-0936

l CONTENTS

(!!) Proposed Rules (continued) Page

15. Electronic Freedom ofInfonnation Act; implementation (Part 9) . . .8

16. Minor Corrections, Clarifying Changes and a Minor Pohey Change (Parts 20,32,35,36,39) . . . . . . .. .. . . . 8

17. Fitness for Duty (Part 26) . . . .. . .. 9

18. Deliberate Misconduct by Unlicensed Persons Regarding Applications (Parts 30,40,50,60,61,70,72,150) . . . . . . . . . . . . . . 9

19. Self Guarantee of Deconunissioning Funding by Nonpront and Non-Bond issuing Licensees (Parts 30,40,50,70,72) 10

20. Requirements for Possession ofIndustrial Devices Containing Byproduct Material (Parts 31,32) . 10

21. Requirements Concerning the Accessible Air Gap for Generally Licensed Devices (Parts 31,32) 10

22. Revision of Prototype Testing Requirements for Dials, Hands, and Pointers Containing Tritium (Part 32) .

II

23. License Term for Medical Licenses (Part 35) iI

24. Shutdown and Fuel Storage Pool Operation at Nuclear Power Plants (Part 50) . . 12

25. Reporting Reliability and Availability Information for Risk-SigniGcant Systems ana Equipment (Part 50) . . . 12

26. Revision to Nuclear Power Reactor Decommissioning Financial Assurance implementation Requirements (Part 50) . 13

27. Audit Frequency for Emergency Planning and Security (Part 50) . 13

28. Codes and Standards; IEEE National Consensus Standard (Part 50) 14

29. Financial Protection Requirements for Permanently Shutdown Nuclear Power Reactors (Parte 50,140) . 14

30. Industry Codes and Standards; Amended Requirements (Part 50) 15 NUREG-0936 vi

CONTENTS (11) Proposed Rules (continued) Page 31, Addition of Radon 222 and Technetium 99 Values to Table S 3 and Revisions Resulting from Consideration ofliigher Durnup Fuel (Part 51), ,, . ,,,, 15

32. Initial Operator License Examination Requirements (Part 55) 16

33. Elimination ofInconsistencies Between NRC Regulations and EPA llLW Standards (Part 60) . . ,,, , , , , ........ , , , ,, 16

34. Clari0 cation of Assessment Requirements for Siting Criteria and Performance Objectives (Part 60) , , , , , ,,, , , , , , ,, 17

35. Physical Protection for Spent Nuclear Fuel or High Level Radioactive Waste (Parts 60,72, 73,75) . 17

36. Requirements for Shipping Packages Used to Transport Vitrined Wastes Containing Plutonium (Part 71) . , , ,, , . , 18

37. Criteria for an Extraordinary Nuclear Occurrence (Part 140) , ,,,., 19 (C) Advance Notices of Proposed Rulemakings

38. Disposal by Release into Sanitary Sewerage (Part 20) 21

39. Distribution of Source and Byproduct Material: Licensing and Reporting i Requirements (Parts 32,40) 21 I

40. Specific Domestic Licenses of Broad Scope for Byproduct Material (Part 33) . .21 41, Comprehensive Quality Assurance in Medical Use and a Standard of Care (Part 35) . ,

, 22

42. Steam Generator Tube Integrity for Operating Nuclear Power Plants (Part 50) . .22 1

vii NUREG-0936

CONTENTS

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

(D) Unpublished Rules

43. Statement of Organization and General Information; Minor Amendments (Parts 1, 2, 4, 7, 9, 15, 7 6, 1 10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

44. Criteria and Procedures for Determining EligibiGty for Access to P.cstricted Data or National Security Information or an Employment Clearance (Part 10) . ....... 25

45. Access Authorization Fee Schedule for Licensec Personnel * (Parts i1,25) . . 26

46. Submittal Procedures for Documents (Parts 19,20,30 31,32,34,35,36, 39,40,50,51. 52,55,60,61,62,70,71. 72,73,74. 75,140, and i50) . . 26

47. Respiratory Protection and Controls to Restrict Internal Exposure, Subpart H and Appendix A (Part 20) . ,

28

48. Revision of Dose Limit for Members of the Public Esposed to Hospitaliecd Radiation Patients' (Parts 20,35) . 28

49. Access to Secret Restricted Data (Parts 25,95) . .. .. . ... . . . . . . . . 29

50. Fitness for Duty (Scope Change)(Part 26) 30

51. Medical Uses of Byproduct Material (Part 35) . ... . . . 30

52. Performance Oriented Requirements for Fire Protection of Nuclear Power Facilities (Part S0) .. . ,.. . .... ... ... .. . . , .. 31

53. Revision to Nuclear Power Reactor Decommissioning Cost Requirements (Part 50) 32

54. Emergency i'lanning Requirements for Permanently Shutdown Nuclear Power Plant Sites * (Part 50) ., . . 33

55. Changes, Tests and Experiments * (Part 50) . . . 33

76. Requirements for Monitoring the Effectiveness of Maimenance at Nuclear Power Plants * (Part 50) . . . . 34

57. Standardized Plant Designs, Early Review of Site Suitability issues; Clarifymg Amendments (Parts 50,52,140) . 34

58. Domestic Licensing of Special Nuclear Material-Revision (Part 70) 35 NUREG-0936 viii

CONTENTS

-(D) Unpublished Rules (continued) Page

59. Miscellaneous Changes (Part 72) . . . , ..... .. .. . 35

- 60.- Adoption of Part 20 Dose Limits and Dose Calculational Methodology in Part 72 ' (Part 72) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .....................36 61._ Expand Applicability to include Certincate Holders and Applicants and TL Contractors and Subcontractors * (Part 72) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . 36

62. Certi0 cation Amendment Process * (Part 76) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .- 37

63. Revision of Fee Schedules; 100% Fee I,ccovery, FY 1998 (Parts 170,171) . . . . . .. . . . , . 37

64. Nuclear Regulatory Commission Acquisition Regulation (48 CFR Chapter 20) , . 38 (A) Peiitions inccrporated into Final Rules or Petitions Denied Since June 30,1997

'NONE (D) Petitions Incorporated Into Proposed Rules a

1. Petitioncr/ Petition Docket Number: mb.microtec(USA)(PRM 32 4) 39

2. Petitioncr/ Petition Docket Number: North Carolina Public Utility Conunission (PRM-50 57) . . . . , ..... ........ .. . . .......... ..... . 39

3. Petitioner / Petition Docket Number: Virginia Electric and Power Company (PRM 50 59) . ... .. .... ... ...... . . .. ..... ... ............. 39-

4. Petitioner / Petition Docket Number: Virginia Electric and Power Company (PRM 50-60) ..... ...... .. . . . . . . . . . .. ... . .. . . . .... 40

-(C) P(titions Pending Staff Review

5. Petitioner / Petition Docket Number: Ohio Citizens for Responsible

Energy,Inc. (PRM 9 2) . ... . . .. . . . . . . 41

6. Petitioner / Petition Docket Number: Keith J. Schiager. Ph D . et al.

, (PRM-20 21) , 4i 1

lx NUREG-0936

)

1-RULES CONTENTS i

(C) Petitions Pending Staff Review (continued) Page

7. Petitioner / Petition Docket Number: University of Cincinnati (PRM 20-24) . .. .. 4I

8. Petitioner / Petition Docket Number: Nuclear Energy Institute (NEI)

(PRM 30-61) .. . . . . . 42

9. Petitioner / Petition Docket Number: Amersham Corporation (PRM-34 5) . . 42

10. Petitioner / Petition Docket Number: National Registry of Radiation Protection Technologists (NRRPT)(PRM 3513) ... ... .. ........42

11. Petitioner /Petitien Docket Number: Chromalloy Tallahassec' (PRM 40-26) . , .. 43

12. Petitioncr/ Petition Docket Number: Nuclear Energy Institute (PRM 50-61) 43

13. Petitioncr/ Petition Docket Number: Nuclear EnergyInstitute(PRM 50 62) . 43

14. Petitioner / Petition Docket Number: Peter G. Cranc (PRM 50-63 and PRM 50-63A') . . ,

. 44

15. Petitioner / Petition Docket Number: Nuclear Energy Institute (PRM 70-7) . .. 44

16. Petitioner / Petition Docket Number: Portland General Electric Company (PRM 72 2) . . . . .... 45

17. Petitioner / Petition Docket Number: Fawn Shillinglaw(PRM 72 3) 45

18. Petitioncr/ Petition Docket Number: Envirocare of Utah, Inc. (PRM 150-2) . ., 45 i

NUREG-0936 x

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(A) FINAL RULES PUBLISIIED SINCE JUNE 30,1997 l,

2 i

4

NRC Regulatory Agenda Final Rules

1. Minor Correcting Amendments Legal Authority: 42 USC 220li 42 (Part 2)- USC 2231; 42 USC 2241; 42 USC 2282 RIN: 3150-AF86 Effects on Small Business and Other Entities. Yes A bstract. The fmal rule amends the Commission's regulations to correct several Agency

Contact:

Mark Haisfield, miscellaneous errors in the Code of Federal Ollice of Nuclear Regulatory Research Regulations. (301) 415-6196, e mail mfh@nrc. gov ,

Timetabie: Final Rule Published 11/03/97 62 FR 59275 3. Radiological Criteria for Final Rule Effective Decommissioning of Nuclear 11/03/97 Facilities (Parts 20,30,40,50,51, 70,72)-

1 egal Authority: 5 USC 552; 42 USC 2201; 42 USC 5841 RIN: 3150-AD65 Effects on Sn:all Business and Abstract. The final rule amends the Other Entitics. None Commission's regulations to codify the basic principles and radiological criteria that would Agency

Contact:

David L. Meyer, allow decommissioned lands and structures OITice of Administration, (301) 415-7162, to be released for unrestncted public use.

e-mail diml@nrc. gov radiological criteria for release ofiands and

2. Notice to Employeest Minor structures. Measurables, in the form of Amendment (Part 19) surface and volume radioactivity concentrat: ens and site radioactivity RIN: 3150-AF66 inventory values, would be provided in supportmg regulatory guidance. These Abstract. The final rule amends combined activities should benei.t the public, the Commission's regulations to refer to the industry, and the NRC by providing a April 1997, NRC for.n 3, " Notice to nsMasd hmewod upon W&

. Employees," or the latest version of th.is decommissioning activities and license fonn provided by the Commission. This terminations can be accomplished. The cetion is necessary because the version framework ensures adequate protection of public health and safety and identify residual referenced in the Code of Federal radioactivity criteria upon which licensees Regulations has been updated. This action can confidently develop reasonable and eliminates the need to update the Federal responsible decommissioning plans.

Register every time the form is changed.

Timetable: Final Rule Timetable: Direct Final Rule Published Published 07/21/97 62 FR 39058 09/15/97 62 FR 48165 Final Rule Effective Direct Final Rule 08/20/97

/ 5/9 Legal Authority: 42 USC 2201; 42 USC 5841 1 NUREG-0936

Proposed Rules NitC llegulatory Agenda EITects on Small ilusiness and Other containing one microcurie of Carbon-14 Entitits. Yes Urea. The final rulemaking also responds to a petition for rulemaking received from Tri-Arjucy

Contact:

Frank Cardile, Med Specialties,Inc. (PRM 35-12).

Ollice af Nuclear Regulatory Research, (301) 415-6185, e-mail fpc@nrc. gov Timetable: Final Rule Published 12/02/97 62 FR 63634 Final Rule EtTective

4. Iteporting Requirements for 01/02/98 Unauthorized Use of Licensed Radioactive Material (Part 20) Legal Authority: 42 USC 2201; 42 USC 5841; 42 USC 5842; USC 4332; 42 RIN: 3150-AF44 USC 4334; 42 USC 4335 Abstract: The proposed rule would EITects on Small Ilusiness and Other have added a new requirement for licensees Entities. None to notify the NRC Operations Center of any diversion oflicensed radioactive material Agency

Contact:

Samuel Z. Jones, from its intended or authorized use. The Oflice of Nuclear Regulatory Research, Commission has determined that this (301) 415 6198, e-mail szj@nrc. gov rulemaking is unnecessary and has withdrawn the proposed rule.

6. Administration of Ilyproduct Timetable: Notice of Withdrawal Material or Radiation to Patients Published Who May He Pregnant (Part 35) 08/l1/97 62 FR 42948 RIN: 3150-AE44 Legal Authority: 42 USC 2201; 42 USC 5841 Abstract. The proposed rule would have amended the Commission's regulations EITects on Small ilusiness and Other concerning the medical use of byproduct Entities. None material. This rule is being subsumed by the proposed rule entitled," Medical Uses of Agency

Contact:

Mary Thomas, Byproduct Material,"(RIN 3150-AF74), and Ollice e Nuclear Regulatory Research, is being incorporated into that rule.

(301) 415-6230, e-mail mitl@nrc. gov Timetable: Incorporated into Proposed Rule 06/30/97

5. Exempt Distribution of a Radioactive Drug Containing One Legal Authority: 42. USC 2111; 42 Microcurie of Carbon-14 Urea USC 2112; 42 USC 2201; 42 USC 2232; 42 (Parts 30,32) USC 2233; 42 USC 2236; 42 USC 2282 RIN: 3150-AF70 Effects on Small ilusiness and Other Entities. None Abstract: The final rule amends the Commission's regulations to provide for the Agency

Contact:

Samuel Z. Jones, distribution and use of a nomactive drug Oflice of Nuclear Regulat Research, (301) 415-6198, e-mail szj nrc. gov NUREG-0936 2 l .. __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -

NRC Regulatory Agenda Final Rules 7.

Abstract. The proposed rule would Definition of Safety-Related Structures, Systems, and have amended the Commission's regulations Components (Part 50) regarding possession only licensee applications for case specific exemptions that RIN: 3150 AF75 n I nger have relevance. This rule is being subsumed by the proposed rule entitled, Abstract. The fmal rule amends the " Financial Protection Requirements for Commission's regulations by correcting an Permanently Shutdown Nuclear Power error in the language of several sections in the regulations. The Commission's Reactors"(RIN 3150 AF79), and is being incorporated into that rule.

regulations defining safety related structures, systems, and components contained an inconsistency which needed to be corrected Timetable: Incorporated into on an expedited basis. The attributes of such Proposed Rule 09/23/98 ressure boundary components components, safe s(viz., {utdown components, - LeEal Authorit): 42 USC 2201; 42 and containment system components) have USC 5841 been described using the conjunction "or" in some regulations, whereas others use "and" i EITects on Small ilusiness and Other '

This hadrecently led to some dilliculty in imities Undetermined interpreting and enforcing the regulations.

There is a consensus within the NRC staff /sgency

Contact:

Carl Feldman, and OGC that the regulatory intent (that any Ollice of Nuclear Regulatory Research, one of the attributes would qualify a component as being safety related)is clear, (301) 415-6194, e-mail cxf@nrc. gov but that the wording should be changed to

-- remove any uncertainty on this question. 9 Acceptability of Plant Performance Timetable: Direct Final Rule for Severe Accidents: Scope of Published Consideration in Safety Regulations 09/08/97 62 FR 47268 (Part 50)

Direct Final Rule EITective 11/07/97 RIN: 3150-AE38 Legal Authority: 42 USC 2133; 42 Abstract. The advance notice of USC 2134; 42 USC 2201; 42 USC 2232 proposed rulemaking (ANPRM) was published to request public comment on l amending the Commission's regulations to Effects on Small ilusiness and Other decouple source term and dose calculations Entities. None l from reactor siting and to permit the use of Agency

Contact:

Clark Prichard, updated source term insights for future light water reactors. The Commission has Ollice of Nuclear (301) 415-6203, Regulatory e-mail cwp nrc. gov @Research, determined that this rulemaking is unnecessary and has w:thdrawn this ANPRM.

8. Power Reactor Facilities Under a Possession Only License (Part 50) Timetable: Notice of Withdrawal Published RIN: 3150-AF16 10/14/97 62 FR 53250 3 NUREG-0936

Proposed Itules _

NRC llegulatory Agenda Legal Authority: 42 USC 2201; 42 Agency

Contact:

Stan Turel, Oflice USC 5841 of Nuclear Regulatory Research, (301)

Effects on Small ilusiness and Other Entities: No

11. Changes to Nuclear Power Plant Agency

Contact:

Louis B. Riani, Security Requirements (Part 73)

Ollice of Nuclear Regulatory Research, (301) 415 6574, e maillbrygnrc. gov RIN: 3150-AF53 Abstract. The final rule amends the

10. Criticality Accident Requirements

• Commission's regulations by updating the (Parts 50 and 70) requirements for the physical security of nuclear power reactors. The final rule RIN: 3150-AF87 updates the regulations for security at operating nuclear power plants based upon Abstract. The direct final rule staff review expenence gained in secunty amends the Commission's regulations to program implementation, in put from the provide light-water nuclear power reactor public and industry, and technical changes in secunt stem techn, ology and e jpment, licensees with greater flexibility in meeting the requirement that licensees authorized to N 8t o , e changes mvolve redu ion or ehmm.ation of requirements that are of possess more than a small amount of special marginal significance relative to their nuclear material ma, m tam a enticality contribution to the overall effectiveness of monitoring system in each area where the security programs.

material is handled, used, or stored. This action is taken as a result of the experience Timetable: Final Rule Published gained in processing and evaluating a number 12/02/97 62 FR 63640 of exemption requests from power reactor  ;/f6 98 licenses and NRC's safety assessments in response to these requests that concluded Legal Authority: 42 USC 2201; 42 that the likelihood cf criticality was USC 5841 negligible.

EITects on Small ilusiness and Other Timetable: Direct Final Rule Published Entities: None 12/03/97 62 FR 63825 Direct Final Rule EfTective Agency

Contact:

Sandra Frattali, 12/03/97 Ollice of Nuclear Regulatory Research, (301) 415-6261, e-mail sdf@nrc gov Legal Authority: 42 USC 2132; 42 USC 2133; 42 USC 2134; 42 USC 2135; 42

12. Information Collection USC 220); 42 USC 2232; 42 USC 2233; 42 Requirements: Statutory and USC 2236; 42 USC 2239; 42 USC 2282 Technical Amendments (10 CFR Chapter 1)

EITects on Small ilusiness and Other Entities. None RIN: 3150-AF69 NUREG-0936 4

NRC Regulatory Agenda Final Rules Abstract. The final rule amends the Legal Authority: 42 USC 2201; 42 -

Commission's regulations implementing the USC 5841; 42 USC 3501, et seq.

Paperwork Reduction Act to make changes required by statute and to make technical Effects on Small Business and Other correcting amendments. Entities. None Timetable: Final Rule Published Agency

Contact:

Pamela Urban, 10/06/97 62 FR 52184 Oflice of the General Counsel,(301)

Final Rule Effective 415 1619, e-mail pau@nrc. gov 10/06/97 NUREG-0936

B

_m_ __. , _ _ , _ _ _

(B) PROPOSED RULES 1

NRC Regulatory Agenda Proposed Rules

13. Availability of Official Records Timetable: Proposed Rule Published (Part 2) 12/23/92 57 FR 61013 Comment Period Closed RIN: 3150 AC07 03/08/93 Abstract. The pro Final Rule Published would conform the NRC' posed amendment s regulations Undetermined pertaining to the availability ofofficial records to existing case law and agency Legal Authority: 42 USC 220142 practice. The amendment would reamrm that USC 5841 10 CFR 2.790 information a q(c) provides submitters ofualiGed right to have their information returned upon request. This EITects on Small ilusiness and Other Entities. Nona R amendment informs the public of three additional circumstances where information E will not be returned tomade e,

the applicant, Agency

Contact:

Catherine M. Ilolzle, ilableOmce ofice General Counsel, (301) information which ha,s been avai to an advisory committee or was received at 415-1560, e-mail emh@nrc gov an advisory conimittee meeting, information '

discussed at an open Commission meetmg N. Procedures Applicable to under the Government,in Sunshme Act, and Proceedings for the issuance of information that is subject to a pendmg Licensees for the Receipt ofliigh-Freedom ofinformation Act request' Level Radioactive Waste at a Geologic Repository (Part 2)

The proposed amendment would also address the NRC's procedures for handling RIN: 3150-AF88 copyrighted information, including reproduction and distribution according to d- The PtoPosed rule would normal agency practice. The NRC, in amend the Commission's regulations l receiving submittals and making its normal regarding for the licensing proceeding on the distribuuons, routinely photocopies disposal of high-level radioactive waste at a submittals, makes micro 0che of the geologic repository (IILW proceeding) The submittals, and ensures that these Sche are proposed amendments are intended to allow distributed to the Public Document Room, Local Public Document Rooms, all application of technological developments that have occurred since the original rule was appropnate mternal,ofhces, and made avadable,to the National 'Iechnical adopted in 1989, while achieving the original Information Service. This broad distdbution goals of facilitating the Commission's ability and reproduction is made to increase public to comply with the schedule for decision on understanding of the peaceful uses of atomic the construction authorization for the energy. The proposed rule would not prevent repository contained in Section i14(d) of the submitters from applying 10 CFR 2.790(b)(1) Nuclear Waste Policy Act, and providing for procedures to information that contains trade a thorough technical review of the license secrets or privileged or conndential application and equitable access to commercial or Gnancial information (proprietary information), and it is information for the parties to the hearing.

recognized that some information in those Timetable: sed Rule Published categories may be copyrighted. Propnetary mformation status exe,mpts this matenal from Prof i 1/ 3/97 62 FR 60789 public disclosure and is not to be confused Proposed Comment Period with handling pursuant to copyright Ends designation. 01/27/98 7 NUREG-0936

Proposed Rules NRC Regulatory Agenda Final Rule Published Legal Authority: 5 USC 552; 42 08/00/98 USC 2201; 42 USC 5841 Legal Authority: 5 USC 552;42 USC Effects on Small ilusiness and Other 2201; 42 USC 5841 Entities. None Effects on Small ilusiness and Other Agency

Contact:

Russell A. Powell, Entities. None Omce of the Chiefinformation Omcer, (301) 415-7169, e-mail rapl@nrc. gov Agency

Contact:

Kathryn L Winsberg, Omce of the General Counsel, (301) 415-1641, e-mail kiw@nrc. gov 16. Minor Coi rections, Clarifying Changes and a Minor Policy Change (Parts 20,32,35,36,39)

15. Electronic Freedom ofluformation Actt Implementntion (Part 9) RIN: 3150 AF46 RIN: 3150-AF78 Ahstract. The proposed rule Abstract. The final rule will would amend the Commiss, ion's regulations conform the Commission's regulations to the to incorporate minor corrections and requirements of the Electronic Freedom of clarifying chane,es to 10 CFR Part 20 and Information Act of 1996. The fmal rule will also make conforming changes to 10 CFR Parts 32, 35,3 clarify that FOIA applies equally to records Pohey change ,6, and 39. In addition, a mi maintained in electronic format, and broaden is proposed that would revise

'he n o itonng entenon for minors and for public access to government information by placing more records online. The final rule d# ' E' 8"*"I * *""'

will implement statutory provisions for Timetable: sed Rule establishing multitrack processing of Pro Pub $i hed requests, permitting expedited processing of 10/07/96 61 FR 52388 FOI A requests for compelling reasons, extending the former 10-day requirement for Comment Period Closed processing requests to 20 days, and 12/23/96 establishing the conditions and procedures Final Rule Published for negotiating with requesters to tailor 12/00/98 requests to improve responsiveness.

Timetable: Legal Authority: 42 USC 2201; 42 Ap/03/96 12 proved by the EDO USC 2231; 42 USC 2241; 42 USC 2282 Proposed Rule Effects on Small Ilusiness and Other Published Entities. None 09/05/97 62 FR 46922 Agency

Contact:

Jayne M.

Comment Pen.od Closed McCausland, Omce of Nuclear Material 10/06/97 Safety and Safeguards, (301) 415-6219, e-ma mm @nrc. gov Final Rule Published 01/20/98 NUREG-0936 8

NRC Regulatory Agenda Proposed Rules

17. Fitness for Duty (Part 26) Final Rule Published 06/00/98 RIN: 3150 AF12 Legal Authority: 42 USC 2201; 42 USC 5841 i Abstract. The proposed rule would amend the Commission's fitness-for. Effects on Small Business and Other duty regulations. This proposed rule would Entitles. None also address the petition for rulemaking submitted by Virginia Electric and Power Agency

Contact:

Loren Bush, Oflice Company (VEPCO) (PRM 261), and of Nuclear Reactor Re address the Regulatory Review Group items 415 2944, e-maillib@gulation,(301) nrc. gov on audit frequency and annual submittal of data. VEPCO requested that the Commission amend its fitness for-duty 18. Deliberate Misconduct by regulations to change the frequency that Unlicensed Persons Regarding licensees are required to audit their fitness- Applications (Parts 30,40,50,60. 61, for-duty rograms from annually to 70,72, 150) bienniall . The Commission and the EDO .

t approve the stalTproposals in RIN: 3150-AF35 ShCY-92 308, but asked that the stalT resubmit the proposed rule to address a Abstract. The proposed rule backfit analysis The stafTproposals were would amend the Commission's regulations submitted to the Commission in SECY to put applicants for NRC licenses and other 262 in October 1995, and were published in unlicensed persons doing work for applicants the Federal Register on May 9,1996 (61 FR on notice that they maybe subject to 21105). Thirty-seven individuals provided enforcement action under the Commission's approximately 1,000 comments. The staff existing regulations regarding deliberate 1

has analyzed the comments and revised the misconduct. The current regulations require proposed rule appropriately. The stalTmet that all information submitted to the with the Advisory Committee on Reactor Commission be complete and accurate. This Safeguards in July 1997 to discuss the proposed rulemak'.ng would correct an revised rule. The staffis preparing an apparent oversight from when the Deliberate analysis of the application of the backfit rule Misconduct mle was adopted in 1991 and to each prop'osed change to facilitate the make that rule a Commission s understanding of the issues. their employees,pply contractors,toand applicants and to The stafYalso plans to meet with the subcontractors, including consultants.

Committee to Review Generic Requirements before submitting the rulemaking package to the EDO in April 1988 Timetable: Proposed Rule Published Timetable: Proposed Rule 10/04/96 61 FR 51835 A proved Comment Period Closed b the EDO 03/01/93 12/18/96 Proposed Rule Final Rule Published Published 01/13/98 05/09/96 61 FR 21105 Comment Period Closed Legal Authority: 42 USC 2201; 42 08/07/96 USC 5841 9 NUREG-0936

Proposed Rules NRC Regulatory Agenda Effects on Small Busie:ns and Other RIN: 3150-AD34 Entities. Undetermined Abstract. The proposed rule l Agency

Contact:

Tony DiPalo, would amend the Commission's regulations Oflice of Nuclear Material Safety and for the possession ofindustrial devices Saf containmg byproduct material to require ajd@eguards, nre gov (301) 415-6191, e-mail device users to report to the NRC initially and then on a penodic basis. The report would indicate that the device is still in use 19, Self-Guarantee er Decommissioning or to whom the device has been transferred.

Funding by Nonprofit and Non. The proposed rule would be the most Bond issuing Licensees (Parts 30,40, eflicient method, consideiing the number of 50,70,72) general licensees and the cimber of devices currently in use, for assurir iat devices are RIN: 3150-AF64 not improperly transferred 'oi inadvertently discarded. The proposed rule i necessary to Abstract. The proposed rule avoid unnecessary radiation exposure to the would amend the Commission's regulations public that may occur when an improperly to publish criteri, that would allow non- discarded dev, ice is included in a batch of profit entities and non-bond issuing business scrap metal for reprocessing. The proposed corporations to use self-guarantee as an rule would also avoid the unnecessary additional mechanism for financial assurance. expense involved in retrieving the The overall objective is to reduce the manufactured items fabricated from licensee's cost burden without causing contaminated metal.

adverse etrects on public health and safett '

Timetable: Proposed Rule Timetable: Proposed Rule Published Published 12/27/91 56 FR 67011 04/30/97 62 FR 23394 Comment Period Closed Comment Period Closed 03/12/92 07/29/97 Final Rule Published Final Rule Published Undetermined 06/00/98 Legal Authority: 42 USC 2111; 42 Legal Authority: 42 USC 2201; 42 USC 2114; 42 USC 2201 USC 5841 Effects on Small Business and Other EITects on Small ilusiness and Other Entities. Yes Entities. Yes Agency

Contact:

Joseph J. Mate, Agency

Contact:

Dr. Clark Prichard, Oflice of Nuclear Regulatory Research, Ollice of Nuclear Material Safety and (301) 415-6202, e-mail jjmynre gov Safe cwp@auards, nrc. gov (301) 415-6203, e-mail

21. Require nents Concerning the Accessible Air Gap for Generally

20. Requirements for Possession of Licensed Devices (Parts 31,32)

Industrial Devices Containing Byproduct Material (Parts 31,32) RIN: 3150- AD82 NUREG-0936 10 l

NRC Regulatory ARenda Proposed Rules Abstract. Thu proposed rule prototype testing would be provided in a would amend the Commission's regulations separate document. The proposed rule to prevent unnecessary radiation exposure to would simplify the licensing process and individuals resulting from the use of gauging - allow the use of a new technology in self-devices containing radioactive sources. illuminated timepieces. This action is being These devices are routinel useo for: onse to a petition for mear. iring material densit , level, weight, taken in resp (PRM 32-4) submitted rulemaking by m moisture, and thickness.- he proposed rule microtec, Inc.

would provide for additional regulatory control over devices with both an accessible Timetable: Proposed Rule air gap and radiation levels that exceed Published sr.shed values. 09/19/97 62 FR 49173 Timetable: Proposed Rule Published Comment period Closed 11/27/92 57 FR 56287 12/03/97 Comment Period Closed Final Rule Published 03/29/93 08/00/98 n eter i USC 5841 Legal Authority: 42 USC 2073; 42 USC 2093; 42 USC 2111; 42 USC 2232; 42 EITects on Small ilusiness and Other USC 2233; 42 USC 2273; 42 USC 5842 Entities: None EITects on Small Business and Other Entitles. None Agency

Contact:

Donald Nellis, Oflice of Nuclear Material Safety and Agency

Contact:

Stephen McGuire, Safeguards, (301) 415-6257, e-mail Ollice of Nuclear Regulatory Research, don @nrc. gov (301) 415 6204, e-mail sam 2@nrc. gov

23. License Term for Medical Licenses

22. Revision of Prototype Testing (Part 35)

Requirements for Dials, llands, and Pointers Containing Tritium (Part RIN: 3150-AF77 32)-

Abstract. The proposed rule RIN: 3150-AF76 would amend the Commission's regulations regarding license term limits for medical use Abstract. The proposed rule licenses. Medical use license terms would be would amend the Commission's regulations set hy policy up to 10 years, the same as to permit timepieces containing gaseous liccase terms for other materials licenses.

tritium light sources to be treated on the The NRC would issue some licenses for same regulatory basis as those containing shorter terms if warranted by the tritium paint with r; ard to their distribution! circumstances oflicense applicants. The The 3roposed rule w;,ould remove from the revision would reduce the administrative regu ations the specific requirements for burden of ficense renewals for both NRC and prototype testing of these products . licensees, and would support NRC's goal of cor.tainmg tritium, while the specifics for streamlining the licensing process.

I1 NUREG-0936

Proposed Rules NRC Regulatory Agenda Timetable: Proposed Rule Timetable: EDO Ap3 roved Published Proposec 07/31/97 62 FR 40975 Rulemaking Comment Period Closed 07/93 10/14/97 Proposed Rule Final Rule Published Published 07/00/98 10/19/94 59 FR 52707 Comment Period Legal Authority: 42 USC 2111; 42 Closed USC 2201; 42 USC 2232; 42 USC 2233; 42 02/03/95 USC 5841 Notice of Withdrawal Effects c,n Sma;l 11usiness and Other Published Entities. None Undetermined Agency

Contact:

Torre Taylor, Legal Authority: 42 U.S.C. 2201,42 Ollice of Nuclear Material Safety and U.S.C. 5841 Safeguards, (301) 415-7900, e-mail tmt@nrc gov EITects on Small ilusiness and Other Entities. None

24. Shutdown and Fuel Storage Pool Agency

Contact:

Tim Collins, Office

! Operation at Nuclear Power Plants of Nuclear Reactor Regulaticn, (301) 415-(Part 50) 2897, e-mail tec@nrc. gov RIN: 3150-AE97

25. Reporting Reliability and Abstract. The pr Availabihty Information for would amend the Commiss,oposed ion's regulations rule Risk-Significant Systems and by adding regulatory requirements for Equipment (Part 50) shutdown operations at commercial nuclear power plants. The proposed rule was RIN: 3150-AF33 revised to incorporate tuel storage pool operations. In response to comments Abstract. The pr submitted aller the proposed rule was would amend the Commiss oposed rule ion's regulations published, the staff rewrote the rule, the to require that licensees for commercial statement of consideration, the regulatory nuclear power reactors report summary analysis, and the reuulatory guide. The reliability and availability data for approach for the rtile was revised to be more risk-sigmficant systems and equipment to the performance based (for shutdown NRC. Also, the proposed rule would require operations), to reflect risk-informed licensees to maintam onsite, and to make decisions, and to address public comments available for NRC inspection, records and for shutdown and spent fuel storage pool documentation that provide the basis for the operations The stafTforwarded tf , : vised summary data reported to the NRC. The proposed rule to the Commission in July Commission has decided to accept industry's 1997. In a Staff Requirements proposed voluntary alternative to the rule Memorandum dated December 11,1997, the and, therefore, plans to withdraw this Commission directed that the stalT rot rulemaking.

proceed further with this ru;emaking, therefore, the stalT plans to withdraw this Timetable: Proposed Rule proposed rule. Approved NUREG-0936 12

NRC Regulatory Agenda Proposed Rules by the Commission Comment Period Closed 10/24/96 06/24/96 Proposed Rule Proposed Rule

Published Published 09/10/97 02/12/96 61 FR 5318 62 FR 47588 Comment Period Closed Comment Period Closed

, 06/l1/96 11/24/97 Notice of Withdrawal Final Rule Published

Publisted 07/00/98 06/00/98 Legal Authority: 42 USC 2201; 42 Legal Authority: 42 USC 2201,42 USC 5841 USC 5841 Effects on Small Business and Ot'er

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

' Agency Contact' Brian J. Richter, Agency

Contact:

Dennis Allison, Office of Nuclear Regulatory Research, Office for Analysis and Evaluation of (301) 415-6221, e mail bjr@nrc. gov Operational Data, (301) 415-6835, e-mail 4

dpa@nrc. gov

27. Audit Frequency for Emergency Planning and Security (Part 50)

26. Revision to Nuclear Power Reactor Decommissioning Financial RIN: -3150-AF63

. Assurance implementation

' Requirements (Part 50) Abstract. The proposed rule would amend the Commission's regulations RIN: 3150-AF41 by changing the frequency with which licensees conduct independent reviews and audits of their safeguards contingency plans, Abstract. The pr security programs, and emt.rgency dmend the Commission,oposed s regulationsrule to would preparedness programs. The raculations modify the financial assurance requirements would be revised to require ndlicensees for the decommissioning of nuclear power conduct program reviews and audits at least plants. The impact of deregulation of the every 24 months. The proposed rule would i power generatmg industry has created also clarify that the necessity for more uncertainty with respect to the availability of frequent, focused audits be based on an decommissioning funds and would likely assessment by the licensee against

require a modification of the financial performance mdicators or a significant mechanism required by the NRC to provide change in personnel, procedures, equipment, decommissiomng ftmds when needed. The or facilities. The proposed changes would amendment v ould also require power promote performance-based, rather than reactor licensees to report periodically on the compliance-based review and audit activities.

status of their decommissioning trust funds Also, the proposed changes would clarify during an extended safe storage period, that programs must be reviewed and audited followmg a significant change in personnel, Timetable: ANPRM Published procedures, or equipment as soon as 04/08/96 61 FR 15427 reasonably practicable, but no later than 12 13 NUREG-0936

l Proposed Itules NIN llegulatory Agenda months after the changes The purpose of final rule was withdrawn due to the these focused audits would be to ensure that signincant number of adverse comments changes have not adversely afl'ected the received and has been revised Because the operatio,n of the particular program element rule was significantly revised, it is being or function m cuestion 't his proposed rule reissued as a proposed rule.

also addresses PRM 50-59 and 1 RM 50 60 submitted by Virginia Electric and Power .y.hn d Pro osed Rule Compan). Pub ished 10/17/97 6 Iimetable: Prorosed Rule Comment cnod I,2 l'R 53933 Closed Published 12/01/97 07/31/97 62 FR 40978 I)irect Final Rule Comment Period Closed I,ublished 10/14/97 10/17/97 62 FR 53933 Final Rule Published 06/00/98 Direct Final Rule Withdrawn 12/23/97 62 FR cd977 i.egal Authority: 42 USC 2201,42 USC 5841 Pro osed Re bs d l'lfects on Small ilusiness und Other hj9,g IM. tics. None 1.cgal Authority: 42 USC 2201; 42 Agenc

Contact:

Sandra D. Frattali, USC 5841 00 ice of Nuclear Regulatory Research, (301) 415 6261, e mail sdiTgnre gov ,,fTects on Small ilusiness and Other Entities. None

28. Codes and Standards; 1000 ,

itional Consensus Standard (Part Agga rl c f uc 1e

) Research, (3011 415-6005, e maikulatory ska@nre gov

.' llN: 3150 AF73 Abstract. The proposed rule n FinMd Prowlon Rgdents would amend the Commission s regulat. ions for Permanently Shutdown Nuclear to incorporate by reference a national Power iteactors (Parts 50,140) consensus standard for power, instrumentation, and control portions of IllN: 3150 AF79 safety systems in nuclear power plants issued by the institute of Electrical and Electronics Abstract. The proposed rule Engineers (IEEE Std. 603 1991). This action would amend the Commission's regulations is necessary to endorse the latest version of to allow nuclear reactor licensees to reduce this national consensus standard in NRC's onsite and offsite liability covenge during regulations and replace a currently endorsed pumanent shutdown of the reactors if they ineet specified reactor con 0gurations. Tlus staadard that has been withdrawn by lEEE.

proposed amendment woukf reduce the level The Commission Published a direct final rule ofinsurance coverage commensurate with on October 17,1997. Ilowever, the diiect the risk reduction aner the appropriate spent NUREG-0936 14

NRC Regulatory Agenda Proposed Rules fuel coolingperiod following permanent Demonstration for Ultrasonic Examination shutdown of the reactor. The proposed rule Systems. In addition, the proposed rule entitled," Power Reactor Facihtles Under a would incorporate by reference the ash 1E Operation and Maintenance Oht Code to was incorporated into this(rule. This rulePossession OnlyXILicense" RIN 3150 AF16) replace the Sectior requir(emen)ts for IST.

will also address a petition for rulemaking The latter cction L ; ude necessary by the submitted by the North Carolina Public ash 1E Code change, that transferred all Utility Commission (PRhi 50 57). responsibility for INT from Section XI to the AShtE Operation and hiaintenance Timetable: Proposed Rule Committee.

Published 10/30/97 62 FR 58690 Timetable: Proposed Rule Comment Period Closed Published l 01/13/98 12/03/97 62 FR 63892 Final Rule Published Comment Period Closes 07/00/98 03/03/98 1 cgal Authority: 42 USC 2201; Final Rule Published 42 USC 5841 12/00/98 1.egal Authority: 42 USC 2201; 1 Effects on Small ilusiness and 42 USC $841 Other Entitles. None Agency

Contact:

Effects on Small ilusiness and George Other Entitles. None hiencinsky, Ollice of Nuclear Regulatory Research,(301) 415 6206, e mail Agency

Contact:

gjm@nre gov Frank C.

Cherny,h, Researc (301)415 6786, e mailOllice of Nuclear R fee 1@nte. gov

30. Industry Codes and Standards; Amended Requirements (Part 50)

31. Addition of Radon 222 and RIN: 3150 AE26 Technetium 99 Values to Table S 3 and Revisions Resulting from Abstract. The proposed rule would Consideration of liigher-Ilurnup amend the Commission s regulations that Fuel (Part SI) mandate use of Section 111 of the ash 1E Boiler and Pressure Vessel Code (AShlE RIN: 3150 AA31 BPV Code) for construction of Class I,2, and 3 components in nuclear power plants, Abstract The direct final rule would md use of Section XI of the ash 1E 11PV Code for inservice inspection (ISI) and amend the Commission's regulations by adding estimates of releases of Radon. 22 inservice testing (IST) of those components.

Section 50.55a requires thra each licensee and Technetium 99 from activities in the nuclear fuel cycle to its Table of Uranium update its ISI and IST p,rograms every 120 Fuel Cycle Environmental Data (Table S 3) months to the latest edition of the ash 1E in 10 CFR part $1. This amendment is llPV Code endorsed by the NRC in that necessary so that Tables S 3 and S 4 will section of the regulations. The rtdemaking conform to the final rule of 10 CFR 3 art 51, would also include expedited implementation " Environmental Review for Renewa' of of Section XI Appendix Vlli, Performance Nuclear Power Plant Operating Licenses,"

15 NUREG 0936

Proposed Rules NRC Regulatory Agenda (December 18,1996; 61 FR 66537), which Abstract. The proposed rule + ild will assure that Table S 3, which is used to amend the Commission s regulatior. p address environmental impacts in light. require that licensees prepare, coni ct, and water cooled nuclear power reactor (LWR) grade the licensing exammations that are licensing and relicensing proceedings, is given to reactor operators and senior reactor sufliciently comprehensive to obviate the operators. Although the regulations do not need for case-by case consideration of either specify who will be responsible for these technetium and radon emissions or examinations, the current practice has been environmental efTects of higher enrichment for the NRC or its contractor to 3repare fuel and higher fuel burnup in licensing and conduct these examinations. "he NRC actions. This amendment will also clarify' the conducted a pilot program in which it has meaning and intent of the term "zircaloy as had licensees prepare these examinations.

used in Q $1.52(a) 2) pertaining to cladding. The results of the pilot program have The term

" zirconium alloy ' "ziicaloy,(Although the changes are has been changed to indicated that licensees can prepare and administer these examinations satisfactorily, administrative in nature, a direct fmal rule will be used to allow the opportunity for Timetable: Proposed Rule public comment. The direct final rule will be Published placed on the FedWorld Bulletin Board at 08/07/97 62 FR 42426 the time it is published in the Fede.at Register to enhance the ability for public Comment Period Closed input. 10/21/97 Timetable: Proposed Rule Final Rule Published Published 05/00/98 03/04/81 46 FR 15154 Comment Period Closed Legal Authority: 42 USC 2201; 05/04/81 42 USC 5841

> Direct Final Rule Effects on Small ilusiness and Published Other Entitles. None 05/00/98 Agency

Contact:

Harry Legal Authority: 42 USC 2011; Tovmassian, Oflice of Nuclear Regulatory 42 USC 2201; 42 USC 4321; 42 USC 5841; Research,(301) 415 6231, e mail 42 USC 5842 hst@nte. gov EfTects on Small ilusiness and Other Entitles. None 33. Elimination of Inconsistencies Hetween NRC Regulations and Agency

Contact:

Stanley Turel, EPA IILW Standards (Part 60)

Ollice of Nuclear Regulaton Research, (301) 415-6234, e mail spt@nte. gov RIN: 3150 AC03 Abstract. The proposed rule would

32. Initial Operator License eliminate several inconsistencies with the Examination Requirements (Part EPA standards to be developed for the

55) disposal ofIILW in deep geologic repositories. The NuclearTVaste Policy Act RIN: 3150 AF62 of 1982 (NWPA) directs the NRC to issue NUREG 0936 16

l. .

NRC Regulatory Agenda Proposed Rules '

criteria for the licensing ofilLW geologic amendments at this time because of repositories. Section 12)(c)of this Act states significant Congressional activity with regard that the criteria for the licensing ofilLW to the Nuclen Waste Policy Act, and geologic repositories must be consistent with directed stalf to reconsider the need for the these standards. The proposed rule is amendments or guidance upon determining necessary to eliminate several inconsistencies that the legislative situation has stabilized. t with the EPA standards, thus fulfilling the The staffis planning to withdraw this statutory requirement. proposed rulemakini The proposed revisions addressed ay this action will be Ilecause the Federal Court invalidated considered as part of a major revision to Part t the EPA standards, action on this rule is 60 to make it consistent with the undetermined, Congress has 1,uthnrized the Environmental Protection Agency's Yucca National Academ ofSciences to hiountain standards, recommend llL standards to EPA for specific application to Yucca Mountain. The Timetable: Proposed Rule Published EPA must tasue new standards upon 07/09/93 58 FR 36902 completion of the National Academy of Sciences' review. Comment Period Closed 10/07/93 TimeIable: Pro )osed Rule Published 06/ 9/86 51 FR 22288 Notice of Withdrawal Published Comment Period Closed 06/00/98 08/18/86 Legal Authority: 42 USC 10101; Final Rule Published Public Law 97-425 Undetermined Effects on Small Husiness and Other Legal Authority:-42 USC 10101 Entitles. None EITects on Small ilusiness and Other Agency

Contact:

Michael P. Lee, Entities. None Ollice of Nuclear Material Safety and Safeguards,(301)415 6677, e mail Agency

Contact:

Tim McCartin, mpl@nre gov Ollice of Nuclear Material Safety and Safe tjm3@ nteguards,(301) gov 415 6681, e-mail 35. Physical Protection for Spent Nuclear Fuel or liigh Ltvel Radioactive Waste (Parts 60,72, 73,75)

34. Clarification of Assessment Requirements for Siting Criteria and RIN: 3150-AF32 Performance Objectives (Part 60) .

Abstract. The proposed rule would RIN: 3150 AE40 amend the Commission s regulations to clarify physical protection requirements for Abstract. The proposed rule would spent nuclear fuel or high level radioactive amend the Commission s regulations waste stored at independent spent fuel concerning regulatory reqmrements for storage installations, power reactors that licensing of high level waste geologic have permanently ceased reactor operations, repositories, A June 30,1995, StatT monitored retrievable storage installations, Requirements Memorandum, SECY 95 019, and geologic repository operations areas.

g disapproved issuance of the proposed final This rule would allow general licensees the 17 NUREG 0936

)

Proposed Rules NRC Regulatory Agenda 0 3tlon ofimplementing the proposed 36. Requirements for Shipping Packages p vsical protection requirements for spent Used to Transport Vitrifled Wastes nuclear fuel stored in approved casks at Containing Plutonium (Part 71) operating power reactor sites. This action is -

necessary Io reduce the regulatory RIN: 3150 AF59 uncertainty re,tarding the physical protection requirements for the storage of spent nuclear Abstract. The proposed rule would i fuel and hlgh level radioactive waste without amend the Commission's regulations by reducing the level of protection for public exempting canisters contaimng vitrified health and safety. waste containing plutonium from the -

packqging requ,irement for double Because the intent of the proposed contamment. This amendment is being reguirements is to clarify and codify the proposed in response to a petition for rulemaking (Pini.71 11) submitted by the <

existing, reg;ulatory practice, there would not DOE). This be any sign fic1nt increase in burden placed on current licensees llowever, the hRC Department proposed rule would of Energy re (duce the regulatory would derive a cost savings through a more requirements for certain DOE plutonium eGicient licensing process. The industry shipments, and therefore cost less, while would benent from a reduction of current having no significant reduction in health and regulatory uncertainties The public would safety. The primary purpose for double benefit from a greater level of assurance that containment is to ensure that any respirable appropriate physical protection requirements plutonium will not leak into the atmosphere.

are being imposed on spent nuclear fuel and The NRC staff believes that vitrined waste llLW storage licensees through public containing plutonium is essentially review and comment on the proposed rule. nonrespirable. Therefore, the packaging The NRC would benefit as a result of a more requirement for double containment is ellicient licensing process. The DOE would unnecessary. This proposed rule would also benent from a clear statement of the physical make minor corrections to the usage of units protection measures the Commission plans to be consistent with existing NRC policy.

to requite for the geologic repository.

Timetable: Proposed Rule Published Timetable: Pro ,osed Rule Published 05/08/97 62 FR 25146 08/: 5/95 60 FR 42079 Comment Period Closed Comment Period Closed 11/13/95 07/22/97 Final Rule Published Final Rule Published 05/00/98 06/00/98 1..cgal Authority: 42 USC 2201; 42 Legal Authority: 42 USC 2201; 42 USC 5841 USC 5841 EITects on Small ilusiness and Other Effects on Small linsiness and Other Entities: None Entities None Agency

Contact:

Piiscilla Dwyer, Agency

Contact:

Mark liais0 eld, Ollice of Nuclear Material Safety and Oflice of Nuclear Material Safety and Sa uards, (301) 415 8110, e-mail Safe pad nrc gov mfh@ nre.guards, gov (301) 415-6196, e-mail NUREG 0936 18

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

_ NRC Regulatos3 Agenda Proposed Rules

37. Criterla for an Entraordinary Comment Period Closed Nucitnr Occurrence (Part 140) 09/06/85 HIN: 3150.AI101 Notice of Withdrawal Published Abstract, The proposed rule would Undetermined revise the criteria for an extraordinary nuclear occurrence (ENO) to climinate the 1,cgal Authority: 42 USC 2201; 42 stoblems that were encountered in the Three USC 2210,42 USC 3841; 42 USC 5842 ACc Island ENO determination. The Commission has determined that this EITects on Small liusiness and Other rulemaking is unnecessary,le.and withdraw this proposed ru ple T. Entitles.

x None Agency

Contact:

llarry Tovmassian, Timetable: Proposed Rule PublisiscJ Ollice of Nuclear Regulat Research, 04/09/85 50 FR 13978 (301) 415 6231, e mail hst nrc. gov

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NRC Regniatory Agensta ANPRMs

38. Disposal by Reinse into Sanitary RIN: 3150 AE33 Sewerage (Part iv)

RIN: 3150 AE90 Abstract. The advance notice of proposed rulemaking (ANPRhi) was Abstract. The advance notice of published to request public comment on proposed rulemaking (ANPRht) wss contemplated amendments to the published to request public comment, Commission's regulations governing the mformation, and recommendations on licensing of source material and mill tailings.

contemplated amendments to the The Commission has determined that this Commission's regulations governing the rulemaking is unnecessary and plans to release of radionuclides from licensed withdraw this ANPRht.

nuclear facilities into sanitary sewer systems. i The Commission believes that by Timetable: ANPRh1 Published incorporating current sewer treatment 10/28/92 57 FR 48749 technologies, the contemplated rulemaking would improve the control of radioactive Comment Period Closed materials released to sanitary sewer systems 01/26/93 by licensed nuclear facilities. This rulemaking would also address a petition for Notice of Withdrawal rulemaking (PRht 20 22) submitted by the Published Undetermined Northeast Ohio Sewer District (October 20, 1993; 58 FR 54071). Legal Authority: 42 USC 2201; 42 USC 5841 Timetable: ANPRh1 Published 02/25/94 59 FR 9146 Effects on Small ilusiness and Other i Entities. None  !

Comment Period Closed 05/26/94 Agency

Contact:

Catherine R.

hiattsen, Office of Nuclear Regulatory Pro)osed Rule Published Research,(301) 415 6264, e mail Unc etermined crm@nrc. gov Legal Authority: 42 USC 2201; 42 USC 5841 40. Specific Domestic Licenses ofIlroad Scope for Ilyproduct Material (Part Effects on Small Ilusiness and Other 33)

Entities. None RIN: 3150-AF54 Agency

Contact:

George Powers, Ollice of Nuclear Regulatory Research, Abstract. The advance notice of (301) 415 6212, e mail gep@nrc. gov proposed rulemaking (ANPRht) was published to request public comments and suggestions on possible revisions to the

39. Distribution of Source and Commission's regulations governing specific ilyproduct ?Oterial: Licensing and licenses of broad scope for byproduct Reporting Ret.iiirements (Parts 32, material to clarify the regulatory and health

40) and safety basis of eurrent licensing practices 21 NUREG-0936

~ . _ _ _ __ _ _ _ _ _ _ _ __

_ _ _ _ _ .l and to provide licensees with the flexibility to published to request public comment on the make certain types of changes to their extent to which, in addition to the basic radiation safety programs. Part 33 currently quality assurance procedures (that werc 3rovides limited requirements for this type of addressed in another rulemaking action l icense. In addition to staff efforts entitled " Preparation, Transfer for  ;

considering the possible need for clarification Commercial Distribution, and Use of l of requirements for broad scope licensees, Byproduct hinterial for hiedical Use" (RIN i the Incident Investigation Team reviewing a 3150 AD69)(December 2,1994; 59 FR recent incident involving ingestion of 61767), a more comprehensive quality phosphorus-32 at a broad scope facility also assurance requirement is needed and mvited recommended thr.t changes to Part 33 be advice and recommendations on 20 issues to considered. The NRC is also considering be addressed in the rulemaking. The 3 codification of guidance and license standard Commission has determined that this review plans for management oversight of rulemaking is unnecessary and plans to  ;

broad scope licensed programs that include withdraw this ANPRhi.

the role of the Radiation Safety OIT cer, the responsibilities of the Radiation Sa fety Timetable: ANPRh1 Published Committee, supervision, qualifications of the 10/02/87 52 FR 36949 authorized user, the use of audits and Comment Period Closed ,

inventory requirements, and security and 12/31/87 control of heensed material. The stafTis preparing these options for Commission Notice of Withdrawal consideration. Published Undetermined Timetable: ANPRh1 Published Legal Authority: 42 USC 2111; 42 11/14/96 6i FR 58346 USC 2201; 42 USC 5841 Comment Period Closed 02/12/97 Effects on Small ilusiness and Other Entities. None Pro )osed Rule Published Unc etermined Agency

Contact:

Anthony Tse, Ollice of Nuclear Regulatory Research, Legal Authority: 42 USC 2111; 42 (301) 415 6233, e mail ant @nrc. gov USC 5841 EITects on Small ilusiness and Other Entitles. No. 42. Steam Generator Tube Integrity for Operating Nuclear Power Plants Agency

Contact:

Torre Taylor, (Part 50)

Ollice of Nuclear hiaterial Safety and -

Safeguards, (301) 415 7900, e r.iail RIN: 3150 AF04 tmt@nre gov Abstract. The advance notice of proposed rulemaking (ANPRhi) was

41. Comprehensive Quality Assurance in published to request public comment on the Medical Use and a Standard of Care Commission's regulations pertaining to steam i (Part 35) generator tube integrity. The objective ef the j

rule would be to implement a more flexible RIN: 3150 AC42 regulatory framework for steatn generator l surveillance and maintenance activities that Abstract. The advance notice of would maintain adequate assurance of tube proposed rulemaking (ANPRhi) was integrity while allowmg a degradation-NUREG-0936 22 y

l .-

l' l - .- - - - . ._ -

l t

i NRC Reaulatory Agenda ANPRMs specific mana gement approach. The staff ANPRM Published  !

completed a c rail risk assc$sment and 09/19/94 59 FR 47817 .

regulatory analysis and met with the Comment Period Closed i Advisory Committee on Reactor Safeguards 12/05/94 in March, April, and Jene of 1997 to discuss reaults and progress to date. As a result of Notwe of Withdrawal  :

the regulatory analysis, the stalTdeterrnined Published '

that there was a need to revise the regulatory Undetermined approach to address tube integrity issues.

The staff sent the Commission a Legal Authority: 42 USC 2201;42 l memorandum discussing this issue and USC 5841 recommending that the current regulatory approach bc revised to use a generic letter. Effects on Small Husiness and Other The Commission has determined that this Entitles. None rulemaking is unnecessary and plans to withdraw this ANPRM. Agency

Contact:

Tim Reed, Office of Nuclear Reactor Regulation, (301)  ;

Timetable: ANPRM Approved 4151462, tar @nre. gov .

by the EDO 02/18/94 i

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Y 23 NUREG 0936

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i (I)) UNPUllLISIIED RULES I

1 NHC Re2nlatory Agenda Unimblished Rules

43. Sts.tement of Organization and Abstract. The proposed rule would GeneralInformationt Minor amend the Commission's regulations Amendments (Parts I,2,4,7,9,15, conforming NRC policy for access to and 76, i10) protection of National Security information and Restricted Data to new national policies RIN: 3150 AF89 for the protection of this type ofinformation.

The existing regulations were issued before Abstract. The fmal rule would amend the October 31,1994, approval of the the Commissions staicment of organization National Industria! Security Program and general information to reflect the teorganization within the Oflice of Operating Manual (NISPOM) by the Deputy Adnumstration, the creation of the Olh,ee of Secretary of Defense and the April 17,1995, and August 2,1995, signature of Executive i the Chiefinformation Ofh,eer., the cication of the Othee of the Chief t mancial Olheer, and Orders 12958,"Classi0ed National Security the renaming of the Ollice of Personnel to information," and 12968," Access to >

the Ollice ofiluman Resources. These Classified Information," by the President, changes are necessary to inform the public of The NISPOM establishes a uniform i these administrative changes to the NRC's Government policy for the protection of regulations. classi0ed National Security information and Restricted Data within industrial facilities Timetable: Final Rule Published under a contractual or other (e g. license)

Undetermined legal relationship with the Government.

Executive Order 12958 revises the Legal Authority: 5 USC 552; 42 government wide requirements for USC 2201; 42 USC 5841 classi0 cation and protection of National  ;

Security information, and Executisc Order EKects on Small linsiness and 12968 revises the government wide -

Other Entities. None requirements for access to National Security Information. The current 10 CFR Part 10 is Agency

Contact:

Alzonia W. not fully compliar ,vith the requirements of .

Shepard, Ollice of Administtr. tion, (301) the NISPOM ,md the new Executive Orders.  !

415 6864, e-mail awsl@nre gov Some areas ofinconsistency are the NRC Criteria for Determining Eligibility for l Access to Restricted Data or National 44, Criteria and Procedures for Security infor mation or an Employment  :

Determining Eligibility for Access Clearance and the NRC Due Process Appeal to Hestricted Data or National Procedures.10 CFR Part 10 must be Security information or an amended to ensure its consistency with Employment Clearance (Part 10) established national policy for the protection i of classi0ed information and due process.

RIN: 3150 AF48 Subsequent to the approval of this 25 NUREG 0936 l

l l

Unpublished rules NitC llegulatorv Agenda rulenuiking, the need for additional changes Special Nuclear Material. These to this and other rules resulted in the amendments comply with current regulations preparation of a new proposed regulatory that provide that the NRC will publish fee initiative, which has been forwarded to the adjustments upon notification of any changes EDO, to incorporate this rulemaking and the in the rate charged the NRC by the 00 ice of rulemaking entitled " Access to Secret Personnel Management for conducting Restricted Data" into a single new, expanded investigations.

rulemaking with a proposed publication date of June 1998. Timetable: Final Rule Published 02/00/98 Timetable: Proposed Rule Approved by the EDO 1.cgal Authority: 42 USC 2201; 42 05/01/95 USC 5841 Proposed Rule Published I:ITects on Small ilusiness and Other 06/98 l'ntitles. None Legal Authority: 42 USC 2165; 42 Agency

Contact:

lleth Ilradshaw, USC 2201; 42 USC 5841; E O.12958; 00 ice of Administration,(301) 415 6540, e-E O.12968; E.O.10865; E,0.10450 mail mbbl@nre gov l

EITects on Small ilusiness and Other Entities. None 46. Submittal Procedures for I)ocuments (Pa rts 19, 20, 30, 31, 32, 34, 35, 36, Agency

Contact:

Duane G. Kidd, 39,40,50,51,52,55,60,61,62,70, 00 ice of Administration,(301) 415 7403, e- 71,72,73,74,75,140, and 150) mail dgk@nrc gov RIN: 3150-AF61

45. Access Authorization Fee Schedule Abstract. The proposed rule would for 1.icensee Personnel" (Parts i1, ensure that applications and reports are

25) captured at a central receipt point (the Document Control Desk (DCD)), are illN: 3150 AF90 included in the Nuclear Documents System (NUDOCS), and are distributed on a more Abstract. The final rule v,uld amend timely basis to the appropriate NRC sta0',

the Commission's regulations to revise the public document rooms, and onicial file fee schedule for background investigations of centers. Part 50 requires licensee and licensee personnel who require access to applicant submittals to be addressed to a National Security Information and/or central receipt point, and copies to be sent to Restricted Data and access to or cor.'.rol over the Regional Administrator and Resident NUREG 0936 26

NRC Regulatory Agenda linpublished Rules inspector, when apptopriate. Extending appropriate oflicial file stations for retention these requirements to submittals made under and retrieval.

other parts in 10 CFR Chapter I would simplify and, to a great extent, standaroize The initial date to publish the rule was submittal procedures for NRC licensees and not met because of the need to resolve issues improve the effectiveness of NRC's raised by the Oflice of Nuclear hiaterial document control and distribution activities Safety and Safeguards with regard to the The proposed rule would also codify OClO possibly inadvertently modifying the provisions for the electronic submittal of regulations to impose written submittals documents, by incorporating a section into where they currently are optional, and the each 10 CFR Part (consistent with the OClO's concern that the rule would slow current 10 CFR Part 50) to allow licensees down the processing oflicense fee payments.

and applicants to make individual requests to in addition, the scope of the rule with regard the Otlice of the Chiefinformation Ollicer to electronic submittals is being expanded to (OClO) for approval to make submittals accommodate the objective of the electronically and facilitate agency Commission approved Agency wide compliance with the Paperwork Reduction Documents Access and hianagement System Act of 1995 and Ohin Circular A 130 (ADAh1S) to receive at least 70% of (Revised Februay 8,1996). externally generated documents in electronic format by FY 2000. The rule would gwe improving the communications process licensees the option to make submittals and disseminating and storing complete and electronically usmg acceptable criteria and accurate recorJs is mutually beneficial to the standards that would be incorporated into NRC, licensees, and members of the public. the rule.

The proposed revisions would require mme NRC licensees and applicants to revise the Timetable: Rulemaking Approved

n. ailing address for applications, reports, and by the EDO other written communications transmitted to 08/01/96 the NRC. This should result in minimal administrative burden for those affected Proposed Rule flowever, because the rule is expected to Published simplify submittal procedures, licensees and 10/00/98 applicants should experience an overall teduction in photocopying and postage Final Rule Published costs The rule would benefit NRC and 02/00/99 members of the public because better control of the documents entering the NRC would Legal Authority: 42 USC 2201; ensure that they are distributed to NRC staff, 42 USC 5841 entered into NUDOCS, provided to the NRC Public Document Room and Local Public Effects on Small Husiness and Document Rooms, and dispatched to the Other Entities. Yes 27 NUREG-0936

f Unpublished rules NRC Regulatory Agenda Agency

Contact:

Michael D. determinations and revise respiratory Collins, Oflice of the ChiefInformation protection procedures such as fit testing to reflect current industry good practice.

Ollicer,(301) 415 2488, e mail mdcl@nrc. gov Timetable: Proposed Rule Published

47. Respiratory Protection and 03/00/98 Controls to Restrict Internal Exposure, Subpart 11 and Final Rule Published Appes. dix A (Part 20) 03/00/99 RIN: 3150 AF81 Legal Authority: 42 USC 2073; 42 USC 2093; 42 USC 2095; 42 USC 2111; Abstract. The proposed rule 42 USC 2133; 42 USC 2134,42 USC 2201; would amend the Commission's regulations 42 USC 2232; 42 USC 2236

by inccrporating into Part 20 an industry standard developed by the American Effects on Small ilusiness and National Standards Institute ( ANSI) Other Entitles. None standard Z88.21992,"American National Standard Practice for Respiratory Agency

Contact:

Alan IL Protection." The proposea changes would Roccklein, Oflice of Nuclear Regulatory eliminate the unnecessary and detrimental Research,(301) 415 6223, e mail use of respirators by applying ALARA akr@nre gov principles to the sum of the Deep Dose Equivalent and the Committed Effective 48. Revision of Dose Limit for Dose Equivalent, or the Total EITective Dose Members of the Public Exposed to Equivalent. The use of process or llospitalized Radiation Patients a engineering controls, decontamination of (Parts 20,35) work areas, access control, and other procedures are stressed instead of the RIN: 3150 AF91 automatic use of respiratory protection devices, which tend to increase external dose Abstract. The proposed rule stress would amend the Commission's regulations to allow licensees the discretion to permit The proposed rule also would allow consenting visitors of hospitalized radiation the use of new respiratory protection devices patients to receive up to 0.5 rem (5 mSv)in that have been proven elTective, discourage a year as a result of their exposure to these the use of other devices that are now patients. The staff is considering whether considered less effective, adopt new this issue is best addressed as a separate Assigned Protection Factors based on ANSI rulemaking or within :he overall Part 35 NUREG-0936 28

NRC Regulatory Agenda Unpublished Rules revision. The amendments would also in the proposed rule, " Access to and respond to a petition for rulemaking from the Protection of Classified Information" University ofCincinnati(PRht 20 24) The (August 5,1996; 61 FR 40555) While most petitioner requested that the NRC amend its of the changes were generally accepted by regulations to revise the dose limit for commenters, DOE's comments concerning members of the public exposed to the level of background investigation hospitalized radiation patients. required for access to Secret Restricted Data were significant and posed a dilemma for Timetabic: Proposed Rule NRC Because of DOE's statutory Published responsibilities for the protection of 07/00/98 Restricted Data, NRC did not want to ignore Final Rule Published their comments without further evaluation.

09/00/99 1he NRC could not simply adopt them because, if adopted, the comments would 1.cgal Authority: 42 USC 2073; subject licensees and/or certificate holders to 42 USC 2093; 42 USC 2095; 42 USC 2111; additional expenses The DOE position also 42 USC 2133; 42 USC 2134: 42 USC 2201; appears to exceed the requirements of the 42 USC 2232; 42 USC 2233; 42 USC 2236, current national policy (the National l 42 USC 2297f Industrial Security Program Operating hianual) for the protection of such EITects on Small ilusiness and information. It was decided that this issue Other Entitles None could not be resolved without giving alrected parties additional opportunity to comment.

Agency

Contact:

Jayne Therefore, a proposed rule resubmitting hicCausland, Ollice of Nuclear hiaterial sl 21.15 and 95.35 of the original August 5, Safety and Dfeguards,(301) 415 6219, 1996, proposed rule for public comment is e-mailjmm2@nre gov being developed. However, the need for additional changes to these rules resulted in the preparation of a new proposed regulatory 49 Access to Secret Restricted Data initiative, which has been forwarded to the (Parts 25,95) EDO. The initiative willincorporate this rulemaking and the rulemaking entitled RIN: 3150 AF82 " Criteria and Procedures for Determining Eligibility for Access to Restricted Data or A bstract. The proposed rule National Security Information or an would amend the Cone.ission's regulations Employment Clearance"into a single new, conforming NRC policy for access to Secret expanded rulemaking with a proposed rule Restricted Data to new national policies for publication date of June 1998.

access to this type ofinformation. This change was originally proposed, along with Timetable: Rulemaking Approved numerous other changes to parts 25 and 95, by the EDO 29 NUREG-0936

Linpublished rules NRC Regulatory Agenda 12/31N7 published in the Federal Register on May 11, Proposed Rule 1994 (59 FR 24373), to solicit public Published comments. The comments were resolved 06/00/98 and, as :ippropriate, were incorporated into the study. The staff found nojustification Legal Authority: 42 USC 220, for changing the existing scope of random 42 USC 2165; 42 USC 2273; 42 USC 5841; drug testing. However, OGC has expressed E.O.12829; E.O. I'.958; E.O.12968; E.O. c nee (ns relative to legal pohey and 10865 litagative risk. Dlc staff,si currently considering OGC s concerns.

Effects on Small ilusiness and . Timetable: Rulemaking Approved Other Entitles. None by the EDO Agency

Contact:

Duane G.

Kidd, Omcc of Administration, (301)

Proposed Rule 415 7403, e mail dgk@nre gov Published Undetermined ,

, 50. Fitness for Duty (Scope Change) Legal Authority: 42 USC 2201; (Part 26) 42 USC 5841 WN: 3150 AF13 Effects on Small ilusiness and Other Entities None Abstract. The proposed rule would amend the Commission's regulations by changing the scope of the random drug Agency

Contact:

Charles testing requirements. A study was conducted liendren, OMce of Nuclear Reactor to evaluate options for changing these Regulation,(301) 415 3209, e mail requirements to address issues related to chh@nrc. gov balancing the NRC's responsibility to protect public health and safety against a perceived encroachment into worker expectations of 51, hiedical Uses of Hyproduct privacy. The workets at issue have Material (Part 35) unesconed access to protected areas of nuclear power plants, but do not have safety- RIN: 3150 AF74 related jobs. Fitness for duty programs are already in place to control safe;uards risks at Abstract, The proposed rule power reactors, with random drug testing as would amend the Commission's regulations one of several interdependent elements of for the use of radionuclides in medicine. The these programs. Accordingly, non urgent process started with NRC's 1993 internal regulatory action and continued facility senior management review report; continued operation arejustified The study was with the 1966 independent esternal review NUREG 0936 30

NRC llegulatory Agenda Unpublished Rules by the National Academv of Sciences, Safeguards,(301) 415 6825, e mail Institute of Medicine; and culminated with exh@nte gov NRC's Strategic Assessment process, which addressed medical oversight. As a sesult of these actions, the Commission directed the 52, Performance Oriented stalf to restructure part 35 into a more risk-oriented, performance-based regulation that llequirements for Fire Protection focuses on those procedures that pose the of Nuclear Power Facilities (Part highest risk. Alternstive regulatory 50) oversights will be considered for those diagnostic procedures that are consistent IllN: 3150 AF29 with the lower overall risk of these procedures. Other issues to be considered Abstract: Th proposed rule during the rulemaking include: the best way would amend the Commission's fire to capture not only relevant safety significant protection regulations for voluntary adoption events, but also precursor events; revision of by nuclear power plant licensees The the quality management program to focus on requirements would be performance oriented those requirements that are essentici for and risk based, allow flexibility in the patient safety; the viability of using or implementation of safety objectives, and referencing available indust'y guidance and allow the use of probabilistic risk analysis standards, to the extent that they meet NRC and fire model computer codes to needs; and training and experience for demonstrate compliance with the safety authorized urers, radiation safety ollicers, objectives. This proposed rule would also and medical physicists Public input on tegulatory alternatives for these and other respond to a petition for rulemaking crosscutting issues were solicited via the (PRM 50 61), submitted by the Nuclear Energy Institute, to amend current internet, Federal Register notices, and pubh. c workshops regulations to establish a more flexible alternative to the current prescriptive Timetable: Proposed Rule regulation in Appendix R of 10 CFR Part 50.

pg;,g in a stalTrequirements memorandum dated 07/00/98 ptemkr 11, N, on EW m, Se Finhl Rule Published Commission directed the staff to develop an 09/00/99 expc sc u r Memaung. & stad I.egal Authority: 42 USC 2111; prepa ng hs response to Ws SM 42 USC 2201; 42 USC 2232; 42 USC 2233; 42 USC 5841 .l'imetable: Proposed Rule Published Effects on Small ilusiness and Undetermined Other Entitles None Legal Authority: 42 USC 2201; Agency

Contact:

Cathy llaney, Ollice of Nuclear Material Safety and h

" 82 31 NUREG 0936

Unliublished rules _

NitC llegulatory Agenda Effects o's Small ilusiness and may be reduced. Alternatively, the proposed Other Entitles: lione rule may allow licensees to co::ect more funds to cover a higher estimate of required As,ency

Contact:

Ed Connell, decommissioning funding. Using a site-Ollice of Nuclear Reactor Regulation, (301) specific cost estimate would provide a

! 415 2838, e mail eac@nte. gov licensee greater flexibility in dealing with site specific issues such as difTerences in decommissioning methodology, expected

53. Itevision to Nuclear Power Reactor waste volumes, and anticipated labor efforts Decommissioning Cost to perform specific tasks. This would be Requirements (Part 50) fairer to ratepayers than using the generic estimate provided in the rule. Moreover, RIN: 3150 AF40 licensees would be able to use an existing PC based NRC-endorsed code to Abstract. The notice of proposed incorporate site specific conditions into their rulemaking would amend the Commission's cost estimate. Ilowever, annual regulations to allow licensees greater decommissioning cost updates would be uexibility by allowing site specific funding required for the site specific cost estimates, amounts difTerent from the NRC's generic just as they presently are for the constant values by both lesser and greater amounts. dollar amounts.

The current regulations only allow amounts greater than the generic values This action For licensee submittal of site specific was originally included in "Rulemaking Plan decommissioning cost estimates, the burden for Amending Nuclear Power Reactor on the NRC stafT may be lessened by Decommissioning Financial Assurance issuance of a regulatory guide endorsing use Implementation Requirements"(SECY 95 of the NRC code or a licensee supplied one.

223) llowever, in a December 20,1995, liowever, additional NRC stalT resources memorandum to the EDO, the Chairman would be needed for the review if many directed the stafTto delay work on amending licensees elect to use the site-specific funding the regulations to lower financial assurance option for decommission cost estimates.

requirements until completing Should half of the licensees use the option, it decommissioning cost studies The Chairman is estimated that the NRC's burden would did, however, encourage the stalTto pursue amount to 0.2 stafryear. Assuming a licensee amendments to the regulations that would elected to use a site specitic cost estimate permit site-specific funding amounts as and used the NRC-endorsed code,it is described in SECY-95-223. Therefore the estimated that the licensee burden would be stalTis continuing work on this action. 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 The proposed rule would provide required to provide NRC specified input additional savings to a license because the parameters with their cost estimate, it is required level of decommissioning funding estimated that, for those licensee cost NUREG 0936 32

NRC Heaulatory Amenda Unpublished Rules estimates that the NRC stafTchooses to Timetable: Proposed Rule audit, the NRC staff burden to input and run Published the NRC endorsed code would be about 8 05/00/98 hours. The requirements for code use and input parameter specifications would be Final Rule Published described in a regulatory guide. 03/00/99 I 1

Timetable: Proposed Rule Legal Authority: 42 USC 2201; Published 42 USC 5841 Undetermined Effects on Small Husiness and Legal Authority: 42 USC 2201; Other Entitles. None 42 USC 5841 Agency

Contact:

George J.

EITects on Small Husiness and Mencinsky, Ollice of Nuclear Regulatory Research,(301) 415 6206, e mail Other Entitles. None gim@nrc. gov Agency

Contact:

Brian J.

Richter, Ollice of Nuclear Regulatory 55. Changes, Tests and Experiments

• Research, (301) 415 6221, bjr@nre gov (Part 50)

RIN: 3150 AF94

54. Emergency Planning Requirements for Permanently Abstract. The proposed rule

" car Pown Nnt would amend the Commission's regulations

, concerning authority oflicensees for protection or utilization facilities to make RIN: 3150.AF92 changes to their facilities or procedures, without pn,or NRC approval. The propom!

Abstract. The ptoposed rule rule would clarify the criteria that determine would amend the Commiss, ion's regulations when prior approval ,s i needed. fhe purpose .

by providing relief from emergency planning f the rulemaking is to resolve o_gTerenceshi requirements for permanently shutdown intuptetation of feguiremenn 'wtNn the nuclear power plant sites based on the "CIC8' C ***'Y .so that, changes w 445 reduced risks associated v ith the might affect the basis for heen7mg are configuration of the stored fuel and the reviewed prior to implementation, without i passage of time since power operation. als subjecting less significant changes to the These factors, under specified conditions, license amendment ;eview process, In an ,

result in significantly reduced accident risk SRM dated April 25,1997, the Comm,ission and consequences and, therefore, not directed the staff to deselop a rulemakmg plan that would no warranting emergency pkns devised for full power operations. [ r changys i ,nvolw,t ng smaH orrequire negHgMe pnor approv increases in probability of occurrence or 33 NUREG-0936

UnpubIlshed rules NitC Regulatory Agenda consequences of accidents or malfunction. licensee's processes for conducting safety The staff recommended rulemaking on this assessment are inadequate and in some cases, issue in SECY 97 205, dated September 10, implementation of these processes were not J, .

1997, and is awaiting Commission direction. followed during preventive maintenance activities and resulted in undesirable plant Timetable: Rulemaking Approved configurations. The proposed amendment by the EDO would be designated as 650.05(a)(4).

09/10/97 Additionally, the rule would be changed to add that the requirements are applicable Proposed Rule during all conditions of plant operation,

! Published including normal shutdown conditions.

Undetermined Timetable: Proposed Rule 1.cgal Authority: 42 USC 2201; Published

42 USC 5841 05/00/98 l Final Rule Published EITects on Small ilusiness and 12/00/98 Other Entitles None 1,egal Authority

42 USC 2201; Agency

Contact:

Eileen 42 USC 5841 McKenna, Omce of Nuclear Reactor Regulation,(301) 415 2189, e mail EITects on Small Business and emm@nre gov Other Entitles. None Agency

Contact:

Richard

56. Requirements for Monitoring the Correia, Omce of Nuclear Reactor EITectiveness of Maintenance at Regulation, (301) 4151017, e mail a rpc@nre gov Nnclear Pow er Plants (Part 50)

RIN: 3150 AF95

57. Standardized Plant Designs, Early Abstract. The Commission has Review of Site Suitability Issues; directed the stalf to prepare a modification to Clarifying Amendments (Parts 50, the ma,intenance rule te require that safety 52, 140) assessments be taken into account before performing maintenance activities.

IllN: 3150-AE25 Currently, the rule recommends (vs requires) that safety assessment be performed for preventive maintenance activities. The intent Abstract. The proposed rule of this part of the rule is to assure that the would amend the Commission's regulations cumulative impact of out-of service by deleting Appendices M, N,0, and Q from equipment on the performance of safety 10 CFR Part 50. The NRC is also proposing functions does not result in the plant being to make clarifying changes to 10 CFR Parts placed in risk-significant configurations. 52 and 140 to make clear that licensees are Results for the stafrs maintenance rule required to submit accurate and complete baseline inspections indicated that many information to the NRC, and that its Price-NUREG 0936 34

1 NitC llegulatory Agenda Unpublished Ili[lcs Anderson requirements apply to combined the NRC believes that fuel facilities operate license holders. Also, the proposed rule with an adequate degree of safety, the safety would correct / clarify other matters that may basis for licensing and inspection has been be identified as the result of the initial design certification rulemakings' deterministic with large uncertainties, highlighted by operating events that are Timetable' Proposed Rule precursors to event sequences with Published unwanted consequences Undetermined Timetable: Proposed Rule 1.cgal Authority: 42 USC 2201; Published 42 USC 5841

09/00/98 EITects on Small ilusiness and Other 1.ntitles Undetermined 1.cgal Authority: 42 USC 2201; 42 USC 2231; 42 USC 2241; 42 USC Agency

Contact:

Geary S. '28'*

Mizuno, Ollice of the General Counsel, (30.) 415-1639, e mail gsm@nre gov Effects on Small linsiness and Other Entitles Yes 58 Domestic l.icensing of Special Agency

Contact:

Richard Nuclear Material Revision (Part Milstein, Ollice of Nuclear Material Safety

70) and Safeguards,(301) 415 8149, e mail rim @nre gov RIN: 3150 AF22 Abstract. The proposed rule 59 Miscellaneous Changes (Part 72) would amend the Commission's regulations to provide a risk informed regulation for RIN: 3150 AF80 special nuclear material licensees with large quantities of specia1 nuclear material C oncurrent with th,s i amendment, companion Abstract. The proposed rule support guidance documents are bemg would amend the Commission's regulations developed foi issuance t correct a number ofinconsistencies and clarify the applicability of several sections of The proposed rule would require Pan 72. The proposed rule would licensees possessing critical quantities of differentiste the requirements for the storage special nuclear material to conduct an of spent fuel under wet and dry conditions, integrated safety analysis to identify potential

' clarify requirements for the content and risks in their activities, and then to commit to submission of various reports and specify programs that ensure that systems needed to that quality assurance records must be address the potential risks are capable of maintained as permanent records. The performing their intended ftmetions. While Purpose and Scope would also be amended 35 NUREG 0936

Unpublished rules NitC llegulatory Agenda to reference the spent fuel storage cask The current Part 20 tequirements became approval process and to delete obsolete efTective in 1994. This modification would information. result in a consistent level of protection of public health and safety, and reduce burden, Timetable: Proposed Rule confusion, and uncertainty resulting from Published duplicative efroits necessary to comply veith 05/00/98 two difTerent standards.

Final Rule Published Timetable: Proposed Rule 02/00/99 Published 05/00/98 Legal Authority: 42 USC 2201; Legal Authority: 42 USC 2201; i 42 USC 5841 42 USC 5841 EITects on Small Ilusiness and Other Entitles None Effects on Small Ilusiness and l

Other Entitles. None Agency

Contact:

hiark L Au, Ollice of Nuclear hiaterial Safety and Agency Contact. Naiem Safeguards,(301) 415-6181, e mail Tanious, Oflice of Nuclear hiaterial Safety mla@nre gov and Safeguards,(301) 415 6103, e mail nst@nre gov 60 Adoption of Part 20 Dose Limits and Dose Calculational Methodology in Part 72a (Part 72) 61. Espand Applicability to luctude CertiGcate lloiders and Applicants and IllN: 3150 AF84 Their Contractors and Subcontractors *

(Part 72)

Abstract. The proposed rule would update the criteria for radioactive IllN: 3150 AF93 releases from independent spent fuel storage installations (ISFSI) a.;d monitored Abstract. The propc sed rule would amend the Commission's regulations retrievable storage installations (hiRS).

by placing appropriate Part 72 requirements Current standards in 10 CFR 72.106 are n certificate helders, and applicants, as well based on the recommendations of the as their contractors and subcontractors. This International Commission on Radiological w u d enhance We sta0 s capaMty tojah Protection (ICRP) Publication Number 2 enforcement action in the form of Notice of (ICRP 2,1959). The standardsin Part 20, Violations (NOV) rather than administrative previously based on ICRP-2, were revised in action in the form of a Notice of Non-1991, and are currently based on ICRP conformance when acceptable requirements Publication Number 26 (ICRP 26,1977) are violated The staff believes that issuance NUREG-0936 36

NRC Regulatory Agespia Unpublished Rules of NOVs will clearly identify that a violation certification process was to be repeated of a legally binding requirement has annually. The recertification period has occurred. recently been extended, by Congressional action and implementing rulemaking, to Timetable: Proposed Rule allow for up to 5 years between

! Published recenifications. Since the initial cenification l 08/00/99 of the GDPs, the c,perator of the GDPs, the United States Enrichment Corporation, has 42 USC 2201, requestd inany amendments to Mose

! 1.cNal Authoritb" certificates. In implementmg the certi0cate 42 USC 5841 amendment procesn described in Q 76.45, the NhiSS staff has identined several Effects on Small ilusiness and deficiencies that should be corrected.

Other 1:ntitles Yes Timetable: Final Rule Published Agency

Contact:

Tony DiPalo, 06/00/98 Ollice of Nuclear hiaterial Safety and Safeguards,(301) 415 619), e mail Legal Authority: 42 USC 2152; 42 ajd:@nte gov USC 2201; 42 USC 2243(f); 42 USC 2297b-

~ 11; 42 USC 2297f,42 USC 5841; 42 USC 5842; 42 USC 5845; 42 USC 5846; 42 USC

62. Certification Amendment Process a 2243(a); 42 USC 5851 (Part 76)

EITects on Small ilusiness and Other RIN: 3150 AF85 Entitles None Abstract The proposed rule Agency

Contact:

John L. Telford, would amend the Commission's regulations Ollice of Nuclear hiaterial Safety and regarding the certi0 cation of gaseous Safeguards, (301) 415-6229, e-mail ditrusion plants. In 1994, Part 76 jlt@.nre gov "Certi0 cation of Gaseous Diffusion Plants,"

l was codified to provide the regulatory i process by which the NRC would assume regulatory authority for the operation of the 63. Revision of Fee Schedulest 100% Fee Pensmouth and Paducah Gaseous Diffusion Recovery, FY 1998 (Parts 170,171)

Plants (GDPs) that had operated safely for many yeat s under the authority of the RIN: 3150-AF83 Department of Energy. The initial certificates of compliance authorizing continuinB operation of the GDPs under NRC Abstract. T he proposed mle regulatoiy oversight were issued on would amend the licensing, inspection, and November 26,1996, and the GDPs came annual fees charged to NRC bcensees and under NRC authority on hiarch 3,1997. applicants for an NRC license. The When Part 76 was iriitially issued, the amendments are necessary to recover 37 NUREG 0936

Unpublished rules NRC Ilegulatory Agenda approximately 100 percent of the NRC budget authority for Fiscal Year 1998, less Abstract. The proposed rule the amounts appropriated from the Nuclear would amend the Nuclear Regulatory Waste Fund and the General Fund. The Commission Acquisition Regulation (NRCAR) for the ; .ocurement of goods and Omnibus Dudget Reconciliation Act of 1990, semces within the NRC to satisf the as amended, requires that the NRC particular needs of the agency. T ie proposed accomplish the 100 percent recovery through rule would incorporate streamlining and the assessment of fees. The dollar amount to simplification methods identified under the be recovered for FY 1998 is $454.8 million. NRC's Procurement Reinvention Laboratory The Act requires that the fees for FY 1998 (PP.L) and legislated under the Federal must be collected by September 30,1998. Acquisition S!reamlining Act of 1994 Therefore, the final rule is to become (FASA), the Fede:al Acquisition Reform Act etrective by July 30,1998. of 1996 (FARA), and the Information Technology hianagement Reform Act (ImRA) of 1996 The intent of the FASA, Timetable: Proposed Rule FARA, and l,ih1RA is to streamhne Published 03/00/98 procurenunt processes phin the Federal Government. Implementmg mstructions ure needed for some of these processes. In Final Rule Published 05/00/98 addition, the Ni}C's PRL would require the NRC to streamhne and s,implify irocedures M* Legal Authority: 42 USC 2201; 42 USC 584I EITects on Small ilusiness and Other in the NRCAR whenever possib e.

. rim m ble: Proposed Rule I'd h"/ O/l]8 Entities. Yes M' Agency

Contact:

Glenda C. Jackson, Ollice of the Chief Financial Ollicer,(301) 415 6057, e mail gej@nre gav Final Rule Published 02/00/W 1.cgal Authority: 48 CFR Chapter I; 41 USC 251 t'ote; 42 USC 251 note: 40 USC 1401 note 64, Nuclear llegulatory Commission EITects on Small ilusiness and Other Acquisition llegulation (48 CFit Entitles. Yes Chapter 20)

Agency

Contact:

hiaiy Lynn Scott, RIN: 3150 AF52 Ollice of Administration,(301) 415 6179, e mail mis 2@nte gov NUREG-0936 38

(A) I'ETITIONS INCORI' ORATED INTO FINAL RULES OR l'ETITIONS DENIED SINCE JUNE 30,1997 None

l (B) PETITIONS INCORPORATED INTO PROPOSED RULES

NRC Regulatory Agenda Petitions

1. Petitioner / Petition Docket Number: subject: Reduce or Eliminate mb-microtec(USA)(PRM 32-4) Insurance for Nuclear Power Plants Awaiting Decommissioning  ;

Federal Register Citation: October .

12,1993 (58 FR 53670)

Summary: The petitioner requested that the Commission amend its regulations to

Subject:

Place timepieces with gaseous substantislly reduce or eliminate insurance tritium light sources on the same regulatory requirements for nuclear power reactors basis as timepieces with luminous tritium when all the nuclear reactors on a reactor paint station site have been shut down oad are awai'ing decommissioning and all the nuclear Summary: The petitioner requested fuel has been removed from the reactor site.

that the Commission amend its regulations to include timepieces with gaseous tritium light Timetable: To follow action on this sources and subsequently allow their petition for rulemaking in this and future distribution under the same requirements agendas, see the proposed rule entry, applicable to the distribution of timepieces " Financial Pratection Requirements for with luminous tritium paint. Permanently Shutdown Nuclear Power i

Reactors"(RIN 3150-AF79) The proposed  ;

Timetable: To follow action on this rule was published in the Federal Register on petition for rulemaking in this and future October 30,1997 (62 FR 58690).

agendas, see the proposed rule entry,

" Revision of Prototype Testing Agency

Contact:

George Mencinsky, Requirements for Dials, Hands, and Pointers Oflice of Nuclear Regulatory Research, Containing Tritium"(RIN 3150-AF76). The (301) 415-6206, e mail gjm@nrc. gov proposed rulemaking was published in tha Federal Register on September 19, 1997 (62 FR 49173). 3. Petitioner / Petition Docket Number:

Virginia Electric and Power Company -

- Agency

Contact:

Donald Nellis, Ollice (PRM 50-59) of Nucle; r Material Safety and Safeguards, (301) 415-6257, e-mail don @nre gov Federal Register Citation: May 6, 1994 (59 FR 2364I)

2. Petitioner / Petition Docket Number:

North Larolina Public Utility Commission

Subject:

Change the frequency with which each licensee conducts independent (PRM-50-57) reviews and audits ofits safeguards contingency plan and security program from Federal Register Citation: January annually to biennially 17,1992 (57 FR 2059) 39 NUREG-0936

Petitions NRC Regulatory Agenda Summary: The petitioner requested Subjec.: Change the frequency with that the Commission amend its regulations to which each licensee conducts independent change the frequency with which each reviews and audits ofits emergency licensee conducts independent reviews and preparedness program from annually to audits ofits safeguards contingency plan and biennially security program from annually to biennially.

Summary: The petitioner requesied Timetable: To follow action on this that the Commission amend its regulations to petition for rulemaking in this and future change the frequency with which each agendas, see the proposed rule entry " Audit licensee conducts independent reviews and Frequency for Emergency Planning and audits ofits emergency preparedness Security"(RIN 3150-AF63). The proposed program from annually to biennially.

rule was published in the Federal Register on July 31,1997 (62 FR 40978). Timetable: To follow action on this petition for rulemaking in this and future Agency

Contact:

Sandra agendas, see the picpesed rule entry " Audit Frattali, Ollice of Nuclear Regulatory Frequency for Emergency Planning and Research, (301) 415-6261; e-mail Security"(RIN 3150-AF63). The proposed sdt@nrc. gov rule was published in the Federal Register on July 31,1997 (62 FR 40978).

4. Petitioner / Petition Docket Number:

Virginia Electric and Power Company Agency

Contact:

Sandra Frattali, (PRM-50 60) Jflice of Nuclear Regulatory Research, (301) 415-6261, e-mail sdf@nrc.gev Federal Register Citation: Apri'.13, _ _ _

1994 (59 FR 17499)

NUREG-0936 40 l

l l

(C) PETITIONS PENDING STAFF REVIEW

NRC Regulatory Agenda Petitions

5. Petitioner / Petition Docket Number: 1994, are too restrictive and prevent many Ohio Citizens for Responsible Energy, Inc. research institutions from pursuing certain (PRM 9 2) types of research that cannot be conducted elTectively without the use of radioactive Federal Register Citation: June 13, matenals.

1994 (59 FR 30308)

Subject:

Public access to licensee-held Timetable: \ notice of receipt for this petition was published in the Federal information Register on September 10,1993 (58 FR 47676). The comment period closed on Summary: The petitioner requested Novmber 24,1993. This petition will be that the Commission amend its regulations to resolved aller publication of the guidance establish public right-to-know provisions that documents provided on the fmal rule, would ensure public access to licensee-he!d " Radiological Criteria for License information.

Termination"(7/21/97; 62 FR 39058)(RIN 3150-AD65). The publication date for the Timetable: A notice of receipt for this guidance documents is scheduled for July petition was published in the Federa' 1998 Register on June 13, 1994 (50 R 30308).

The comment period closed on August 29, Agency

Contact:

George Powers, 1994. Resolution of the petition is scheduled Office of Nuclear Regulatory Research, for February 1998.

(301) 415-6212, e-mail gep@nrc. gov Agency

Contact:

Maria Schwartz, Oflice of the General Counsel, (301) 415-1888, e-mail mes@nrc. gov 7. Petitioner / Petition Docket Number:

University ofCincinnati(PRM 20-24)

Federal Register Citation: June 21,

6. Petitioner / Petition Docket Number: 1996 (61 FR 31874)

Keith J. Schiager, Ph.D., et al. (PRM-20-21)

Subject:

Visitors of radiation patients, Federal Register Citation: September as members of the public, to receive up to 10,1993 (58 FR 47676) 500 mrem per year

Subject:

Disposal of certain low-level Summary: The petitioner requested radioactive wastes to provide additional that the Commission amend its regulations to options for disposal of very low authorize specified visitors of radiation concentrations of short lived radionuclides patients, as members of the public, to receive up to 500 mrem per year. The petitioner Summary: The petitionets requested believes that the proposed amendment would that the Commission amend its regulations in l permit a small population of the general 10 CFR Part 20 that became mandatory for l public to be infrequently exposed to an - l all licensees on January 1,1994, to permit annual exposure limit of 500 mrem total additional methods for disposal of certain elTective dose equivalent.

low level radioactive wastes The petitioners contend that the regulations that became Timetable: A notice of receipt for this  !

mandatory for all licensees on January 1, petition was published in the Federal Register 41 NUREG-0936

i Petitions NitC llegulatory Agenda on June 21,1996 (61 FR 31874). The 9. Petitioner / Petition Docket Number:

comment period closed on September 4, Amersham Corporation (PRhi-34-5) 1996. Resolution of the petition is scheduled for rulemaking (See " Revision of Dose Limit Federal Register Citation: June 18, for hiembers of the Public Exposed to 1996 (61 FR 30837) 11ospitalized Radiation Patients" (RIN 3150-AF91)). Publication of this proposed rule is

Subject:

Radiographic u;uipment scheduled for July 1998. regulations Agency

Contact:

Jayne hicCausland, Summary: The petitioner requested Ollice of Nuclear hiaterial Safety and that the Commission amend its regulations Safeguards, (301) 415-6219, e-mail by removing the reference to " associated jmm2@nrc. gov equipment" from the radiography equipment regulations. The petitioner believes that this

8. Petitioner / Petition Dockr* Number: amendment would clarify the licensing Nuclear Ener gy Institute (NEI) (PRhi reviews of scaled sources and radiographic

61) exposure devices to meet the applicable requirements.

Fedwl Registen w.Jion: August 31, 1996 (61 FR 43193)

Timetable: A notice of receipt for this petition was published in the Federal

Subject:

hionitoring and maintenance Register on June 18,1996 (61 FR 30837).

programs for the decommissioning process The comment period closed on September 3, at facilities of special nuclear materials 1996. The stalTis developing an action plan licensees for Commission approval as the next step in addressing the petitioner's request.

Summary: The petitioner requested Resolution of this petition is scheduled for that the NRC amend its regulations to allow hiay 1998.

materials licensees to continue monitoring and maintaining facilities, separate buildings, Agency

Contact:

Donald Nellis, Ollice

,r outside storage areas that have not been of Nuclear hiaterial Safety and Safeguards, used for 24 months, rather than requiring (301) 415-6257, e-mail don @nrc. gov licensees to begin the decommissioning process after 24 months ofinactivity.

10. Petitioner / Petition Docket Timetable: A notice of receipt for this Number National Registry of Radiation petition was published in the Federal Protection Technologists (NRRPT)

Register on August 21,1996 (61 FR 43193). (PRht-35 t3)

The comment period closed on November 4, 1996. Resolution of this petition is on hold Federal Register Citation: February 8, pending the availability of stalTresources. 1996 (61 FR 4754)

Agency

Contact:

John Buckley, Ollice

Subject:

Training requirements for a of Nuclear hiaterial Safety and Safeguards. radiation safety otlicer (301) 415-6607, e-mail jtb@nre gov Summary: The petitioner requested that the Commission amend its regulations 42 NUREG-0936

NRC Regulatory Agenda Petitions by including acceptance of NRRPT 12. Petitioner / Petition Docket registration as fulfilling some of the training Number: Nuclear Energy Institute requirements for a radiation safety officer. (PRhi-50 61)

Timetable: A notice of receipt for this Federal Register Citation: June 6, petition was published in the Federal 1995 (60 FR 29784) .

l Register on February 8,1996 (61 FR 4754).

1 The comment period closed on April 23,

Subject:

Fire protection at nuclear 1996. The stalTis developing an action plan power plants for Commis&n approval as the next step in addressing the petitioner's request. Summary: The petitioner requested Resolution of this petition is undetermined. that the Commission amend its regulations governing fire protection at nuclear power Agency

Contact:

hiary Thomas, Ollice - plants. The petitioner believes this of Nuclear Regulatory Research, (301) amendment would provide a more flexible 415 6230, e mail mitl@nre. gov alternative to the current requirements and permit nuclear power plant licensees more

11. Petitioner / Petition Docket discretion implementing fire protection Number: Chromalloy Tallahassee

• requirements that would be site specific (PRM-40-26) without adversely affecting a licensee's ability to achieve the safe shutdown of a facility in Federal Register Citation: December the event of a fire.

10,1997 (62 FR 65039)

Timetable: - \ notice of receipt of this

Subject:

Establish an exemption from petition for rulemaking was published in the licensing requirements to include the Ml Al Federal Register on June 6,1995 (60 FR Battle Tank Engine AGT 1500 29784). The comment period closed on September 29,1995. The NRC staff has -l Summary: The petitioner requested developed an action plan (SECY-97-127) for that the Commission amend its licensing Commission approval as the next step in exemptions to establish an exemption from addressing the petitioner's request. The '

licensing requirements to include the M1 A1 Commission directed the stafTto develop an Battle Tank Engine AGT 1500 which expedited schedule for rulemaking. The stalT contains nickel-thorium. is preparing its response to this direction.

Timetable: A notice of re.:eipt for this Agency

Contact:

Ed Connell, Ollice of pc' , was published in the Federal Nuclear Reactor Regulation, (301)

' R , .aer on December 10,1997 (62 FR 415-2838, e-mail eac@nrc. gov 65039). The cemment period closes on February 23.1998. Resolution of the petition is scheduled for December 1998. 13. Petitioner / Petition Docket Number: Nuclear Energy Institute Agency

Contact:

Catherine Mattsen, (PRM-50-62)

Office of Nuclea.- Regulatory Research, (301) 415-6264, e-mail crm@nrc. gov Federal Register Citation: September 4,1995 (60 FR 47716) 43 NUREG-0936

Petitions NRC Regulatory Agenda

Subject:

Quality Assurance Program amended to consider the evacuation, sheltering and the prophylactic use of Summary: The petitioner requested potassium iodide, as appropriate, in that the Commission amend its regulations developing a range of protective actions for regarding quality assurance programs to emergency workers and the public.

permit nuclear power plant licensees to change their quality assurance program that Timetable: A notice of receipt for this is described or referenced in a licensee's petition was published in the Federal Safety Analysis Report without prior NRC Register on November 27,1995 (60 FR approval under speci6ed conditions. 58256). The amendment to the petition was published in the Federal Register on Timetable: A notice of receipt for this De,: ember 17,1997; 62 FR 66038. The petition was published in the Federal public comment period closed on January 16, Register on September 4,1995 (60 FR 1998. The staffis developing an action plan 47716). The public comment period closed for Commission approval as the next step in on November 28,1995. Reschttion of the addressing the petitioner's request, a petition is scheduled for June 1998. Resolution of the petition is scheduled for June 1998.

Agency

Contact:

Harry Tovmassian, Omce of Nuclear Regulatory Research, Agency

Contact:

Michael Jamgochian, (301) 415-6608, e-mail hst@nrc. gov Omce of Nuclear Regulatory Research, (301) 415-6534, e-mail mtj l@nrc. gov

14. Petitioner / Petition Docket Number: Peter G. Crane (PRM 50-63 and 15. Petitioner / Petition Docket PRM 50-63 A*) Number: Nuclear Energy Institute (PRM-70-7)

Federal Register Citation: Novembei 27,1995 (60 FR 58256); December 17, Federal Register Citation: November 1997 (62 FR 66038) 26,1996 (61 FR 60057)

Subject:

Emergency Planning

Subject:

Use of an integrated safety assessment, or an acceptable alternative, to Summary: The petitioner requested confirm that adequate controls are in place to that the Commission amend its regulations protect public health and safety concerning emergency planning to include a requirement that a range of emergency Summary: The petitioner requested planning protective actions be developed to that the Commission amend its regulations to include sheltering, evacuation, and the require uranium processing, uranium prophylactic use of potassium iodide, which enrichment, and fuel fabrication licensees to prevents thyroid cancer aner nuclear use an integrated safety assessment (ISA), or accidents. The petitioner's suggested an acceptable alternative, to confirm that amendment would speci6cally mention adequate controls are in place to protect several appropriate protective actions, public health and safety. The petitioner also including the prophylactic use of potassium requests that a backfitting provision be iodide. In the amendment to the petition, the established to ensure regulatory stability for petitioner requested that the regulations be these types oflicensees.

44 NUREG-0936

NRC Regulatory Agenda Petitions Timetable: A notice of receipt for Als Agency

Contact:

hiark liaisfield, petition was published in the Federal Office of Nuclear Regulatory Research, i Register on November 26,1996 (61 FR (301)415-6196. e mail nefh'fi)nre uov i 60057). The public comment period closed l on February 10,1996. Resolution of the 17. Petitioner / Petition Docket i petition is scheduled for rulemaking. In an Number: Fawn Shillinglaw (PRht 72-3)

August 26,1997, Staff Requirements hiemorandum, the Commission approved the Federal Register Citation: hiay 14, staff s recommendation that this petition be 1996 (61 FR 24249) resolved through rulemaking. A proposed rule is scheduleJ to be sent to the

Subject:

Independent storage of spent Commiss!on in . aly 1998. nuclear fuel Agency

Contact:

Rich hiilstein, Omce Summary: The petitioner requested of Nuclear hiaterial Safety and Safeguards, that the Commission am:nd its regulations (301) 415-8149, e mail rim @nrc. gov which govern independent storage of spent nuclear fuel in dry storage casks to require that the safety analysis report for a cask 16.- Petitioner / Petition Docket design fully conforms with the associated Number: Portland General Electric NRC safety reevaluation report and Company (PRhi-72-2) certificate of compliance before NRC certification of the cask design. The Federal H 4er Citation Febru try 1, petitioner also requests that the revision date 1996 (61 FR c,vi9) and number of a safety analysis report be specified whenever that report is referenced

Subject:

Disposal of radioactive waste in documents.

(Greater than class C)

Timetable: A notice of receipt for this Summnry: The petitioner requested petition was published in the Federal that the Commission amend its regulations - Register on hiay 14,1996 (61 FR 24249).

which govern independent storage of spent The public comment period closed on July nuclear fuel and high-level radioactive waste 29,1996. Resolution of the petition is to specifically include radioactive waste scheduled for rulemaking (See

_ produced from reactor operations pending its "hfiscellaneous Changes"(RIN 3150-transfer to a permanent disposal facility. AF80)). Publication of the proposed rule is scheduled for hiay 1998.

Timetable: A notice of receipt for this petition was published in the Federal Agency

Contact:

Gordon Gundersen,-

Register on February 1,1996 (61 FR 3619). Office of Nucicar Regulatory Research, The public comment period closed on April (301) 415-6195, e-mail geg l@nrc. gov 16,1996. The stafTis developing an action plan for Commission approval as the next step in addressing the petitioner's request. 18. Petitioner / Petition Docket Resolution of this petition is scheduled for Number: Envirocare of Utah, Inc.

July 1998.

(PRhi-150-2) 45 NU",EG-0936

. - ~ - _

l Petitions NRC Regt.atory Agenda Federal Register Citation: February Timetable: A n]tice of ceceipt for this 22,1993 (58 FR 5992) petition was published in the Federal Register on February 21,1993 (58 FR

Subject:

Persons who generate or 9552). The public comment peiiod closed on dispose of very low specific activity wastes April 23,1993, Based on further analysis, ,

contaminated with special nuclear materials. the NRC stalTis considering alternatives to l rulemaking to resolve this petition. The staff Summary: The petitioner requested must factor in resolution of the related that the Commission amend its regulations to "Immediately EfTective Confirmatory exempt those persons that generate or Order," issued by the NRC on June 25, i dispose of very low specific activity wastes 1997, because Envirocare was in violation of contaminated with special nuclear materials possession limits for special nuclear material. ;

that are not capable of forming a critical I reaction from the current possession limits Agency

Contact:

Tim Harris, Oflice of specified in its regulations. Nuclear Material Safety and Safeguards, (301) 415 6613, e-mail teh@nrc. gov 46 NUREG-0936

. - . , . . - . . ~ - - - ~ . - . _ , - - . . ~ . . ~ ~ . - _ . -- .- - -- __ _= ,, , _ . .

NRC FONW 336 U-89) U.S. NUCLEAR REIULATORY COMMISSION 1. REPORT NUMBER (Assagned by hRC. Add Vol. Supp-. Rev ,

E[NE BI',JJGRAPHIC DATA SHEET ***^"*"*"*""****"*"'8

~ e... . .as.,

2. TITLE AND SUBTITLE NUREG-0936 Vol.16, No. 2 NRC Regulatory Agenda SImiannual Report 3. DATE REPORT PU6USHED July December 1997 wowm l vEna February 1998 4 FIN OR GRANT NUMBER 5 AUTHOR (S) 6 TYPE OF REPORT Semiannual 7.PER100 COVERED NweDatesJ July December 1997 8 PE770RM6NG ORGANIZATION . HAME AND ADDRESS (W NRC povwe Chvem, once a megen, u s Nucana Reveby convmasm ens meang emess. # cone.ckr.

owne name ens masiv easons >

Otvision of Administrative Services

' Office of Administration U S Nuclear Regulatory Commission Wtshington. DC 20555-0001 9 SPONSOntNO ORGANIZATION . NAME AND ADORESS (a Nec, type 'seme es ecove . # coneecu povce NRC omse omcea Reva u s &

e,w weseng eA>ess J Regues=>v camimsson 3-Same as item 8. above 4

10. SUPPLEMENT ARY NOTES 11 ABSTRACT 0oo ooos ie ws>

The NRC Regulatory Agenda is a compilat:on of all rules on which the NRC has recently completed acton, or has proposed acton, or is considering acton, and all pettions for rulemaking which have been received by the Commission and are pending dispositon by the Commission. The Re .:!atory w Agenda is updated and issued semiannually.

l

12. KEY WORDS/DESCRIPTORS (test waras or p#weies inet we ess,stiesevchers a beatmo the remt ) '3*****# II"I "

Compilation of rules Unlimited Petitons for rulemaking a secumrvctassscarion g3,, p,,,,

Unclassified es.s nenn Unclassified

15. NUMBER OF PAGES

16. PRICE NRC FORM 335 Q 89)

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