Text

Notice of OMB Review of Info Collection & Solicitation of Public Comment Re 10CFR74, Material Control & Accounting of Special Nuclear Material
	ML20209B250
Person / Time
Issue date:	06/30/1999
From:	St Mary B; NRC
To:	;
Shared Package
ML20209B255	List: ML20209B250; ML20209B261;
References
	OMB-3150-0123, OMB-3150-123, NUDOCS 9907060322
	Download: ML20209B250 (17)
	v • d • e

r 4 i

,- , 4 I

[7590-01-P]

l t

U. S. NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY: U. S. Nuclear Regulatory Commission (NRC)

ACTION: Notice of the OMB review of information collection and solicitation of public comment.

l

SUMMARY

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the' Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number, l I

l

1. Type of submission, new, revision, or extension: Extension

2. The title of the information collection:

10 CFR Part 74 - Material Control and Accounting of Special Nuclear i

i Material

-h 9907060322 990630 0-PDR ORG EUSOMB PDR (A 1 020065 hW' \

4' 't ;

y '4 NUREG 1065, Rev. 2 - Acceptablo Standard Format and Content for the Fundamental Nuclear Material Control (FNMC)

Plan Required for Low Enriched Uranium Facilities NUREG/CR 5734 - Recommendations to the NRC on Acceptable Standard Format and Content for the Fundamental Nuclear Material Control (FNMC) Plan Required for Low-Enriched Uranium Enrichment Facilities NUREG 1280, Rev.1 - Standard Format and Content Acceptance Criteria for the Material Control and Accounting (MC&A)

Reform Amendment

3. The form number if applicable: N/A

. 4. How often the collection is required: Submission of the fundamental nuclear material control plan is a one-time requirement which has been completed by all current licensees. Specified inventory and material status reports are required annually or semiannually. Other reports are submitted as events occur. -

5. Who will be required or asked to report: Persons licensed under 10 CFR Parts 70 or 72 who possess and use certain forms and quantities of special nuclear material.

6. An estimate of the number of annual responses: 14 2

I , y- },

g A

7. The estimated number of annual respondents: 14 -

8. The number of hours needed annually to complete the requirement or request: The total number of hours needed annually to complete the reporting and recordkeeping requirements is 5,323 (223 hours0.00258 days 0.0619 hours 3.687169e-4 weeks 8.48515e-5 months for reporting i l

and 5,100 hours0.00116 days 0.0278 hours 1.653439e-4 weeks 3.805e-5 months for recordkeeping). l

9. An indication of whether Section 3507(d), Pub. L.104-13 applies: No.

10. Abstract: 10 CFR Part 74 establishes requirements for material control and 1

accounting of special nuclear material, and specific performance-based regulations for licensees authorized to possess and use strategic special nuclear material, or to possess and use, or produce, special nuclear material of low strategic significance. The information is used by the NRC to make licensing and regulatory determinations concerning material control and accounting of special nuclear material and to satisfy obligations of the United States to the International Atomic Energy Agency (IAEA).

Submission or retention of the information is mandatory for persons subject

?

to the requirements.

A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room,2120 L Street, NW (lower level), Washington, DC. OMB clearance requests are i available at the NRC worldwide web site (http://www.nrc. gov /NRC/PUBLIC/OMB/index.html). The document will be available on the NRC home page site for 60 days after the signature date of this I notice.

3 c _- 4 _. _ . - . , .._,_ -- . ~~ .,

F

, 1 Comments and questions should be directed to the OMB reviewer listed below by (insert date 30 '

days after publication in the Federal Reaister). Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments ,

l received after this date. l l

l Erik Godwin i Office of Information and Regulatory Affairs (3150-0123) l NEOB-10202 j Office of Management and Budget I Washington, DC 20503 l

Comments can also be submitted by telephone at (202) 395-3087. ,

The NRC Clearance Officer is Brenda Jo. Shelton,301-415-7233.

l Dated at Rockville, Maryland, this day of 1999.

I For the Nuclear Regulatory Commission.

l l

Beth St. Mary, Acting NRC Clearance Officer Office of the Chief Information Officer l

See previous concurrence DOCUMENT NAME: C:\0MB74.wpd T' receIvo a cogof this document, Indicate in the boa: 'C' = Copy without attachment /enetosure 'E' = Copy with ettschment/ enclosure _'Q* = No copy 0FFICE NMSS/IMNS l NMSS/IMNS l OCIO _ l l NAME JMcCausland MHorn BSheltoi hb U

DATE 6/*/99 6/*/99 6/W /99 l OFFICIAL RECORD COPY 4

V '

C Comments and questions should bu directed to the OMB reviewer listed below by (insert date 30 days after publication in the Federal Reoister). Comments received after this ate will be considered if it is practical to do so, but assurance of consideration cannot be ven to comments received after this date.

Erik Godwin Office of Information and Regulatory Affairs (3150- 13)

NEOB-10202 Office of Management and Budget Washington, DC 20503 Comments can also be submitted by telephon t (202) 395-3087.

The NRC Clearance Officer is Brenda Jo helton, 301-415-7233.

Dated at Rockville, Maryland, this day of 1999.

For the Nuclear Regulatory Commission.

Brenda Jo. Shelton, NRC Clearance Officer Office of the Chief Information Officer DOCUMENT NAME: C:\0MB74.wpd To receive e copy of this document, Indicate in the box: 'C' = Copy without attachment / enclosure "E" - Copy with attachment / enclosure

N* = No copy *See previous concurrences 0FFICE NMSS/IMNS, f NMSS/sIMNS OCIO NAME JMcCausian'IFK4%> MHofn' BShelton DATE 6/21/99 6/ Al /99 6/ /99 0FFICIAL RECORD COPY 4

g e'*

at the NRC worldwide web site (http://www.nrc. gov /NRC/PUBLIC/OMB/index.html). The document will be available on the NRC home page site for 60 days after the signature date of this notice.

Comments and questions should be directed to the OMB review 3r listed below by (insert date 30 days after publication in the Federal Reaister). Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date.

. Erik Godwin Office of Information and Regulatory Affairs (3150-0123)

NEOB-10202 Office of Management and Budget Washington, DC 20503 Comments can also be submitted by telephone at (202) 395-3087. ,

The NRC Clearance Officer is Brenda Jo. Shelton,301-415-7233.

Dateu at Rockville, Maryland, this 30 day of d-u _ 1999. '

8 For the Nuclear Regulatory Commission.

W bV Beth St. Mary, Acting NRCgearance Officer Office of the Chief Information Officer 4

i

, .i FINAL SUPPORTING STATEMENT FOR 10 CFR PART 74 MATERIAL CONTROL AND ACCOUNTING OF SPECIAL NUCLEAR MATERIAL NUREG 1065, REV.1, ACCEPTABLE STANDARD FORMAT AND CONTENT FOR THE FUNDAMENTAL NUCLEAR MATERIAL CONTROL (FNMC) PLAN REQUIRED FOR LOW-ENRICHED URANIUM FACILITIES ;

l NUREG/CR 5734, RECOMMENDATIONS TO THE NRC ON ACCEPTABLE STANDARD FORMAT AND CONTENT FOR THE FUNDAMENTAL NUCLEAR MATERIAL CONTROL (FNMC) PLAN

' REQUIRED FOR LO'N-ENRICHED URANIUM ENRICHMENT FACILITIES {

(

AND {

l NUREG.1280, REV 1, STANDARD FORMAT AND CONTENT ACCEPTANCE CRITERIA FOR THE MATERIAL CONTROL AND ACCOUNTING (MC&A) REFORM AMENDMENT (3150-0123) l

)

REVISION TO EXTENSION REQUEST Description of the information Collectiqn NRC regulations in 10 CFR Part 70 establish procedures and criteria for the issuance of licenses to receive title to, own, acquire, deliver, receive, possess, use, or transfer special nuclear material (SNM). NRC regulations in 10 CFR Part 74 establish requirements for material control and accounting (MC&A) of special nuclear material applicable to licensees in general, and also specific performance based regulations for (1) licensees authorized to possess and i use strategic special nuclear material and (2) licensees authorized to possess and use, or i produce, special nuclear material of low strategic significance licensed pursuant to Part 70. The !

regulations are issued pursuant to the Atomic Energy Act of 1954, as amended, and Title 11 of !

the Energy Reorganization Act of 1974, as amended.

A. Justification I

1. Need for and Practical Utility of the Collection of Information Part 74 incorporates recordkeeping and reporting requirements for licensees that possess and use special nuclear material (SNM). The records required to be maintained pursuant to Sections 74.11,74.13,74.15,74.17,74.31,74.33,74.57, and 74.59 are those deemed necessary for the timely discovery of inadvertent losses of SNM to the environment, or the theft or. diversion of SNM by potentially hostile groups. Either of these events could endanger the public health and safety. The reporting requirements imposed on the licensee are intended to point up record anomalies which might indicate loss of material control, to provide necessary information to resolve identified anomalies, to alert the Commission to the condition, and to supply information that would assist in the recovery of SNM in the event of a confirmed loss. Certain of the requirements are necessary to um -- ,g-

, e i

sitisfy oblig tions of the United StatIs govsmmtnt undtr its agreement with the International Atomic Energy Agency.

The MC&A requirements applicable to licensees that possess and use formula quantities of strateaic soecial nuclear material (SSNM) are contained in $$ 74.51, .53, .55, .57, and

.59. The recordkeeping and reporting requirements in the indicated sections of Part 74 provide timely detection and enhanced localization of anomalies that could be potentially indicative of a theft or diversion of SSNM. The information provides the ability to resolve alarms by identifying the cause as innocent or malevolent. In the latter case, the ;

probability of material recovery will be significantly enhanced.

Section 74.11 requires that each licensee who possesses 1 gram or more of contained uranium-235, uranium-233, or plutonium and each licensee who operates a uranium enrichment facility notify the NRC Operations Center within one hour of discovery of any loss, other than normal operating loss, or theft or other unlawful diversion of special nuclear material, or any incident in which an attempt has been made or is believed to have been made to commit a theft or unlawful diversion of such material, or any unauthorized production of enriched uranium. The information is used by the NRC staff to determine whether there has been a diversion or loss of material or any unauthorized production of enriched uranium and to initiate prompt action to recover the material or stop the unauthorized production in order to protect public health and safety. The NRC staff will respond according to the significance of the event. Response to a significant event is usually made by the regional staff and Headquarters staff within 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months .

Section 74.13(a) requires each licensee authorized to possess at any one time and location SNM in a quantity totaling more than 350 grams of contained uranium-235, uranium-233, or plutonium, to submit DOE /NRC Form 742 on a semi-annual basis. These reports summarize the quantities of SNM received, produced, possessed, transferred, consumed, disposed of, or lost by the licensee. DOE /NRC Form 742C, which reflects the composition of the ending inventory,is also submitted. These forms have been previously cleared under the following OMB clearances:

DOE /NRC Form 742 OMB No. 3150-0004 DOE /NRC Form 742C OMB No. 3150-0058 I The licensee reports are sent to a DOE contractor facility for recording in an SNM tracking system. NRC staff reviews these reports. Discrepancies between the reports and licensees' records are investigated and reconciled.

Since 1994, NRC has required submission of these forms in computer readable form.

This change has eliminated the need for hard copy forms, thus reducing the burden on the NRC and licensees. ,

Section 74.13(b) requires each licensee subject to the requirements of $70.51(e) to l submit a report to the Director, Office of Nuclear Material Safety and Safeguards within I 30 calendar days after the start of each annual physical inventory if the inventory difference exceeded both (i) its associated limit of error and (ii) 200 grams of plutonium or U-233,300 grams of high enriched uranium or U-235 contained in high enriched uranium I or 9,000 grams of U-235 contained in low enriched uranium; a statement of possible l causes for the inventory differences, and action taken or planned to be taken to correct I the inventory difference. This section also requires that, if for any material balance period 2

i s ... e the limit of crror cf the invsnt:ry diff;rince exceeds cny applicabl3 limits specifiId in 10 CFR $70.51(e)(5) or approved pursuant to 10 CFR 970.51(e)(6), a statement must be j submitted of the probable reasons for the limit of error and actions taken or planned to be '

taken with respect to the limit of error.

The report is used to alart the NRC staff to a potentiaFout of control situation" at a licensee site, if the size of the inventory difference is significant, an inspector from the NRC Headquarters (NMSS/FCSS) usually visits the site to overseo and review the resolution of the inventory difference and the corrective action to be taken, i

Section 74.15(a) requires each licensee who transfers and each licensee who receives j

( special nuclear material to complete and distribute a Nuclear Material Transaction Report j on DOE /NRC Form 741. This should be done in accordance with the printed instructions for completing the form whenever the licensee transfers or receives a quantity of special

. nuclear material of 1 gram or more of contained uranium-235, uranium-233, or plutonium. j DOE /NRC Form 741 has previously been approved under OMB clearance number 3150-0003, which should be referred to for further supporting information and burden data.

Since 1994, NRC has required submission of this and other DOE /NRC forms in computer readable form. This change has eliminated the need for hard copy forms, thus reducing the burden on the NRC and licensees. )

Prior to a site visit, the NRC inspection staff obtains a computer printout of nuclear material transactions from the DOE /NRC database. The inspectors review licensee records with the printout data to assure agreement between the record and the report and to assure that shipper-receiver differences have been reconciled.

-Section 74.17 requires that each licensee subject to the requirements of Sections l 70.51(e),74.31,74.33, or 74.51 must submit a completed Special Nuclear Material

- Summary Report on NRC Form 327 to the Director, Office of Nuclear Material Safety and Safeguards. The reporting period corresponds to the required inventory frequency. The frequency depends essentially on the strategic significance of the special nuclear material (SNM) covered by the particular license. Licensees possessing either SSNM or SNM of moderate strategic significance are required to inventory every six months. Licensees having low enriched uranium of low strategic significance must conduct inventories -

annually.

- Special nuclear materialis required to be controlled and accounted for because of the govemment's national security obligation to prevent or detect loss, diversion or theft, or the appearance thereof, of quantities of SNM that could be used for clandestine nuclear devices. To meet this obligation, NRC's safeguards material control and accounting regulations for fuel facilities require the conduct of physical inventories of SNM on a periodic basis by licensees. Section 74.17 requires the reporting of physical inventory results on WRC Form 327 each time that a physical inventory is conducted by a major fuel facility.

Section 74.31 - LEU facilities - contains the following requirements for licensees that

. possess and use SNM of low strategic significance: Section 74.31(a) requires that licensees authorized to possess and use more than one effective kilogram of special nuclear material of low strategic significance implement and maintain an NRC approved material control and accounting (MC&A) system that will confirm the presence of special nuclear materials at the licensee facility, resolve indications of potentially missing material, 3

(

.% . ., ... g.

i .i and cid in invrstigati:n cnd recovIry of m:ttrial that is dsttrmintd to b3 Ectutlly missing.

Section 74.31(b) established a time requirement for the submission and implementation of MC&A plans for licensees authorized to possess and use more than one effective kilogram of special nuclear material of low strategic significance, as required by $74.31(a).

The objectives of the plan are to confirm the presence of special nuclear materials at the licensee facility, resolve indications of potentially missing material, and aid in investigation and recovery of material that is determined to be actually missing. This was a one-time submittal. All currently affected licensees have submitted the required plans. Changes to the FNMC Plan can be made through license amendments (licensing process),

Section 74.31(c) describes the system capabilities that must be addressed in the plan in order to meet the general performance objectives of $74.31(a). Guidance for preparing the plan is provided in the Acceptance Criteria document (NUREG 1065). The plan is reviewed by the NRC staff to determine whether the performance criteria have been satisfied. Initial NRC response to the plan is usually sent to the licensee within 60 days of receipt and docketing. The approved plan will be used by the appropriate NRC staff to monitor actual licensee performance in reaching the performance objectives.

Section 74.31(d) requires each licensee to establish records that will demonstrate that the requirements of 74.31(c) have been met and to maintain those records for three years.

The records to be maintained are selected by the licensee. The 3-year retention perlo(i is the shortest time span which assures the NRC that all data is available which might unoct the audit period.

Section 74.33 - Enrichment facilities -contains the following requirements for licensees that possess equipment capable of enriching uranium or operate an enrichment facility and produce, possess, or use SNM of low strategic significance. Section 74.33(a) requires that each licensee authorized to possess equipment capable of enriching uranium or authorized to operate an enrichment facility and produce, possess, or use more than one effective kilogram of special nuclear material at any site or contiguous sites

- subject to control by the licensee, must establish, and submit for NRC approval, an MC&A system that will maintain current knowledge of source material and special nuclear material, prevent and detect the production of uranium enriched to 10 percent or more U2", prevent and detect undeclared production of enriched uranium of low strategic significance, and resolve any indications of missing uranium,' production of uranium enriched to 10 percent or more U2", or undeclared production of uranium of low strategic significance. The licensee must also provide information to aid in the investigation of missing uranium and the production of enriched uranium of 10 percent or greater enrichment or the undeclared production of SNM of low strategic significance. This information is used by the licensee to keep track of how much uranium is possessed and its location, to prevent the illicit production of higher than authorized enrichment of uranium which could include weapons-grade material, and to protect against the unauthorized production of enriched uranium of low strategic significance. These objectives are designed to protect the health and safety of the public against possible diversion of material for illicit purposes. Section 74.33(b) requires that no later than two years prior to uranium enrichment facility startup, a " Fundamental Nuclear Material l

' Control Plan" must be submitted to NRC describing how the performance objectives of 6 74.33(a) and the system features and capabilities of 6 74.33(c) will be met. Section 74.33(c) describes the system capabilities that must be addressed in the plan in order to meet the general performance objectives of 6 74.33(a). The licensee must have a physical inventory program that ensures accurate, current, and reliable knowledge of source material and SNM. Such a program is maintained by performing a dynamic (non-shutdown) physical inventory at specified intervals, and by adjusting the book inventory to l

l 1

the physical inv:ntery cnd rzstiving, er reporting within 60 days tha inability to rrsolva, any inventory difference exceeding a quantity set by the NRC. The licensee must also have: a detection program that will provide a high assurance of detection of unauthorized production of enriched uranium oflow strategic significance or uranium enriched to 10 percent or more; an item control program that provides knowledge of the identity and location of source material and SNM items kept for 14 days or more in inventory to deter and detect any loss or theft of 500 grams or more of US; a resolution program for shipper-receiver differences that will resolve any statistically significant differences in excess of 500 grams U"; and an assessment program that independently reviews and documents the effectiveness of the MC&A program at least every 24 months. Section 74.33(d) requires each licensee to establish records that will demonstrate that the requirements of $$ 74.33(a) and (c) have been met and to maintain those records for three ysars. The records are needed for inspection by NRC to ascertain the continued effectiveness of the MC&A system. The records must be retained for three years unless a longer retention is required by 10 CFR Part 75.

Suboart E Sections 74.51-74.59: HEU facilities.

Section 74.51(a) requires licensees authorized to possess and use five or more formula kilograms of SSNM to establish, implement, and maintain a Commission-approved MC&A system that meets specified objectives.

Section 74.51(c) requires licensees authorized to possess and use five or more formula kilograms of SSNM to submit a fundamental nuclear material control plan that describes how the licenue intends to comply with Section 74.51(b) in order to achieve the general performarce objectives of Section 74.51(a). Guidance for preparing the plan is provided in the Standard Format and Content Acceptance Criteria document (NUREG 1280).

Review of the FNMC plans enables the NRC to make a judgment on each licensee's capabilities to meet regulatory requirements. After approval, the plans are used by NRC inspectors to monitor licensee performance. This was a one-time submittal. All currently affected licensees have submitted the required plans. Future changes can be made through license amendments (licensing process).

Section 74.57(c) requires that a licensee must notify NRC immediately any time the licensee is unable to resolve a loss detection alarm within the time limit specified in its FNMC plan. In the case of a five formula kilogram loss, the maximum time for resolution is 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months . The early notification puts the NRC on alert to a potential loss of SSNM and thus allows for contingency planning in the event a diversion or theft is indicated. NRC i and possibly other federal agency involvement at an early stage will enhance the likelihood of material recovery.

Section 74.57(d) requires that once an anomaly has been resolved, records must be updated and corrected to enable the licensee to maintain continuing compliance with detection and response requirements and permit NRC inspectors to evaluate the adequacy of the licensce's resolution procedures. A key factor in the resolution of alarms is the availability of auditable records that provide a history of the processing and storage of SSNM in bulk and item form. The majority of innocent causes of alarms are expected to be identifiable from a review of pertinent records. The involved records will have been generated in the process of complying with the requirements of $$ 74.53, .55 or .59. l I

5 1

Section 74,57(f)(2) requiras that licensees notify NRC within 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months if an abrupt loss detection estirr. ste exceeds five formula kilograms of strategic special nuclear material.

The early notification puts the NRC on alert to a potential loss of SSNM and thus allows

. for contingency planning in the event a diversion or theft is indicated. NRC and possibly other federal agency involvement at an early stage will enhance the likelihood of material recovery.

Section 74.59 contains the quality assurance and accounting requirements for HEU facilities. Section 74.59(b) requires that licensees establish and maintain management structure, policies and procedures. Section 74.59(c) requires that licensees provide for personnel training and qualification. Section 74.59(d) requires that licensees establish and maintain a system of measurements for material control and accounting.

Section 74.59(e) requires that licensees establish and maintain a system of measurement quality control, perform statistical analyses and process and engineering tests, and generate data on the performance of measurement processes. Section 74.59(f) requires that licensees perform a physical inventory every six months and perform inventory difference / standard error of inventory difference (ID/SEID) calculations, and ID/SEID investigations. Licensees must investigate and report the failure to resolve any excessive inventory difference. They must reconcile and adjust the plant and subsidiary book records to the results of the physical inventory. Licensees must maintain records and procedures to ensure the quality of physicalinventaries. Section 74.59(a) stipulates that licensees shall establish auditable records sufficient to demonstrate that the requirements of $$ 74.53, .55, .57 and .59 have been met and retain those records for at least three years. Section 74.59(h) requires that licensees establish procedures for shipper-receiver difference evaluations and investigations.

Information recorded and reported in accordance with the requirements in this section will enable NRC inspectors and licensing personnel to assess licensees' ongoing capabilities to control and account for SSNM in their possession. As indicated previously, these records and reports will be invaluable to the licensees and the NRC in the event of an attempted diversion or theft since they will permit localization of losses in space and time.

2. Acency Use of Information Fundamental nuclear material control plans (FNMCs) that describe how licensees intend to comply with the requirements of the regulations are required to be submitted for review and approval. Approved plans are the basis for inspections by NRC inspectors who must verify that the licensee is in compliance with the performance objectives specified in the regulations. Plan reviews are initiated within 30 days after submittal. The availability of supporting acceptance criteria contributes to expeditious plan reviews. Reports of unresolved inventory differences and abnormalities identified through physical inventories, material control tests, and item monitoring are reviewed by NRC as soon as possible after receipt.- Records of material control tests and anomaly !' Wigation are maintained by the licensees in order that inspectors may determine that i e . mnce objectives and commitments have been met.

3. Reduction of Burden Throuah Information Technoloav I 1

There are no legal obstacles to reducing the burden associated with this information collection. Applicants and licensees may use electronic information processing systems to prepare and submit required information. Licensees have had the option of preparing 6

l

cert in of th3 r ports on a computsr generatId ficsimila of tha raport form and transmitting the information electronically. Since 1994, NRC has required those licensees using DOE /NRC Forms 741,741 A,740M,742, and 742C to submit those reports in computer readable form. This change eliminated the need for hard copy forms, thus reducing the burden on NRC and the licensees through the use of current information technology. Almost 100 percent of the forms are now submitted electronically. However, they are accounted for under other clearances. Other submittals under Part 74 are less susceptible to electronic submittal. The percentage of submittals received electronically under Pad 74 other than the previously mentioned DOE /NRC forms is approximately zero.

4. Effort to Identify Duolication and Use Similar Information in an effort to minimize duplication and licensee burden, NRC and the Department of Energy (DOE) jointly utilize a Nuclear Materials Management and Safeguards System (NMMSS). Common reporting forms are used to minimize the reporting burden on industry members required to provide nuclear materials data to one or both agencies in accordance with prevailing regulations or contractual obligations. The licensee is thus able to file one report to meet the requirements of both agencies.

The information Requirements Control Automated System (IRCAS) was searched to determine duplication. None was found.

To the extent possible the information collection requirements have been structured to permit licensees to use information already generated for other purposes such as production control, quality control, product certification, etc. Where new information must be generated, there is no other source that could be used.

5. Effort to Reduce Small Business Burden

)

A number of licensees who use special nuclear material are small businesses. Since the l consequences to the common defense and security or to the health and safety of the public of the improper control or use of a given quantity of special nuclear material are the same for large and small entities, it is not possible to reduce the burden on small businesses by less frequent or less complete accounting or control procedures.

6. Conseauences in Federal Proaram or Policy Activities if the Collection is Not Conducted ~

or is Conducted Less Freauentiv if the information collection is not conducted, NRC will have no way to assess whether licensees are operating within the material control and accounting requirements and certain other requirements applicable to the possession, use, and transfer of special nuclear material.

Applications for new licenses and amendments may be submitted at any time.

Applications for renewal of licenses are submitted every five years. Information submitted in previous applications may be referenced without being resubmitted. The Loss of Material Report required by $74.11 is submitted on the average of five times per year. In four out of five occurrences, the cause is usually found in less than 1 week and is a result of measurement error, accounting error, number transposition, or failure to list all inventory items.

7

m Approximately once a year the quantity of material is significant, requiring submission of a detailed report and proposed action plan to the NRC. Less frequent reporting would preclude the NRC from being notified in time to provide rapid response and quick-assistance in achieving timely resolution.

17.~ Circumstances Which Justifv Variation from OMB Guidelines Contrary to the OMB Guidelines in 5 CFR 1320.6(b), certain sections of Part 74 require i that licensees submit reports to the NRC in less than thirty days.

Section 74.11 requires that reports of loss or theft or unauthorized product on of SNM must be made within one hour _ of discovery. This requirement is needed to petmit NRC to ;

determine whether there has been a loss or diversion of special nuclear material or unauthorized production of material and to initiate prompt action for recovery of such material.

Section 74.13(b), Inventory Difference Exceeds Limit of Error, must be 1eported within thirty days after the start of the inventory. This requirement is needed to alert the NRC to a potential"out of control situation" at a licensee site. If the report indicates that the size of the inventory difference is significant, an NRC inspector and/or licensing reviewer will !

usually be dispatched to the site to observe the resolution and corrective action.

Section 74.57(d) and (f) specify that a confirmed loss of an item and the failure to resolve loss detection alarms within agreed upon times must be reported to the NRC immediately. !

The reason for the short reporting times is to permit the Commission to take appropriate response actions in a timely manner in the event a diversion or theft is indicated.

Another area of variation is in the number of copies of the FNMC plan to be submitted (by any future applicant) to demonstrate how compliance with rule requirements will be achieved. An original and four copies of the plan are required. The distribution will be as follows:

- Fuel Cycle Licensing Branch 2

- Fuel Cycle Operations Branch 1

- NRC Regional Office 1 NRC Docket Room 1 The Licensing Branch copies will be used in the review process. Two copies are necessary because of the involvement of more than one reviewer. The Operations Branch copy will be used by MC&A inspectors, who have been centralized at NRC headquarters. The Regional Office copies will be used as a reference document in the event that Regional response is required by the occurrence of a significant incident. The Docket Room copy will be kept on file under the licensee's docket number.

. 8. Consultations Outside the Aoency l An opportunity to comment on the information collection requirements in 10 CFR Part 74 i and ' associated guidance documents was provided in the Federal Register notice '

published on March 18,1999 (64 FR 13451). No comments were received.

I 8 1 l

l

,h Q

9. Payments or GNts to Resoondents l',

Not app!icable.

10. Confidentiality of the Information None, except for proprietary or safeguards information.

11. Justification for Sensitive Questions There are no sensitive questions. ,

1

)

9

a . c.

12. Estimated Burden and Burden Hour Co.,gt Reoortina Reauirements Licensee Total No. of Licensee Staff Hours Annual Section Resoonses Annually Per Submittal Burden 74.11 5 15 75 74.13(a) - See OMB Clearance Nos. 3150-0004, 3150-0058 74.13(b) 1 100 100 74.15(a) - See OMB Clearance No. 3150-0003 74.17 - See OMB Clearance No. 3150-0139 74.31(a),(b),(c) - 0 865 0 One-time requirement, which has been completed 74.33(a),(b),(c) 0 1,088 0 One-time requirement, which has been completed 74.51(c) 0 900 0 One-time requirement, which has been completed 74.57(c) 4 8 32 74.57(f)(2) 2 4 8 74.59(f) 2 4 8 Total: 14 223 Recordkeecina Reauiremenig Record No. of Annual No. Hours / Total Retention Licensees Records /Lic Record Burden Period fyfErd 74.31(d) 5 140-640 .5 1,000 hrs 3 74.33(d) 3 500-1160 .5 1,300 hrs 3 74.51(a) 2 2000-3500 .5 2.800 hrs 3 Total: 5,100 hrs Total Number of Recordkeepers: 10 Tctal Recordkeeping Hours: 5,100 TOTAL ANNUAL BURDEN HOURS FOR PART 74: 5,323 l

/

10

(

^* - - - - - -

4

, . . t. .

I Estimated Cost to Public to Respond to the Collection 4

The estimated annual cost to licensees to respond to the collection requirements is $549,220 (3,923 hrs X $140/hr).

I

13. Estimate of Other Additional Costs ,

Licensees currently have in place computer systems capable of satisfying requirements for submitting certain reports on magnetic media. Upper limit annualized estimates for these costs are as follows:

Total capital and startup costs: $ 600 Maintenance / operation costs: $ 225D Total $2850

14. Estimated Annualized Cost to the Federal Government

' Domestic safeguards: 5 inspectors x 300 hrs /yr = 1500 hrs /yr intimational safegutxds: 1 person x 400 hrs /yr =_4QD hrs /yr Total: 1900 hrs /yr J Estimated cost to ths govemment = 1900 hrs x 140 $/hr = $266,000 I This cost is fully recovered through fee assessments to NRC licensees pursuant'to 10 CFR Parts 170 and/or l 171, i

15. Reasons for Chanaes in Burden or Cost Section 74.51(a)'s recordkeeping burden has doubled due to a doubling of responses (1 to 2). The burden per r:spondent has remained the same. The overall number of responses has increased due to the inclusion of recordkeeping responses.

16. , Publication for Statistical Use None.

17. Egason for Not Disolavina the Exolration Date For requirements contained in 10 CFR 74, amending the Code of Federal Regulations to display information that, in an annual publication, could become out of date would confuse the public.

For the information collections contained in the guidance documents NUREG 1065, NUREG/CR 5734, and NUREG 1280, revising the guidance documents merely to update the expiration date unnecessarily expends scarce agency resources.

18. Exceptions to the Certificatien Statement There are no exceptions.

B. Collection of Information Emolovina Statistical Methods St'tistical methods are not used in this collection of information.

11 i

__ ._ . . . . j

ML20209B250

Text

SUMMARY

Navigation menu

Search