ML20212M221

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Forwards Ninth Monthly Rept on Status of NRC Licensing & Regulatory Duties for Month of August 1999
ML20212M221
Person / Time
Issue date: 09/20/1999
From: Dicus G, The Chairman
NRC COMMISSION (OCM)
To: J. J. Barton, Domenici P, Inhofe J, Packard R
HOUSE OF REP., APPROPRIATIONS, HOUSE OF REP., ENERGY & COMMERCE, SENATE, APPROPRIATIONS, SENATE, ENVIRONMENT & PUBLIC WORKS
Shared Package
ML20212M224 List:
References
NUDOCS 9910080230
Download: ML20212M221 (15)


Text

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% UNITED STATES p \ WdCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20556-0001

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September 20, 1999 CHAIRMAN The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, D.C. 20510

Dear Mr. Chairman:

The Fiscal Year 1999 Energy and Water Development Appropriations Act, Senate Report 105-206, directed the Nuclear Regulatory Commission (NRC) to provide a monthly report on the status of its licensing and regulatory duties. I am pleased to transmit the ninth report which covers the month of August (Enclosure 1).

The July report puvided information on several important staff activities, in particular, the Commission's approval of the staff's proposal for risk-informing our reactor regulations,10 CFR Part 50, marks an important opportunity to permit both licensees and NRC to focus resources on issues commensurate with their importance to public health and safety. We also concluded in our July report that, based on licensee reports, independent NRC inspection, and ongoing l regulatory oversight activities, the Year 2000 problem will not adversely affect the continued safe opcration, or if necessary, the safe shutdown, of any of the 103 operational U.S. nuclear power plants.

Since our July report, the Commission has approved a final rule which amends 10 CFR Part 51,

  • Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions " This final rule eliminates the requirement that individual license renewal applicants address the generic and cumulative environmental impacts associated with transportation operations in the vicinity of a high-level waste repository site. This rule further streamlines the license renewal process and results in resource savings for both the NRC and the industry in processing future license renewal applications.

In analyzing the environmental impact of transporting spent fuel and waste in the vicinity of a single repository, the NRC evaluated the impact in the vicinity of Yucca Mountain and l specifically the impacts in the vicinity of Las Vegas, Nevada. The NRC elected to evaluate the impacts in the vicinity of Yucca Mountain because Yucca Mountain is the only location currently '

being evaluated for a repository under the Nuclear Waste Policy Act. The NRC's analysis of the impacts in the vicinity of Yuca Mountain in this instance does not prejudge the eventual licensing of Yucca Mountain as a repository. Rather, it reflects NRC's existing license renewal process by reflecting current repository activities and policies. If an application is filed by the Department of Energy (DOE), the licensing process for a repository in the vicinity of Yucca l iAountain will constitute an entirely separate regulatory action from the Part 51 final rule.

Furthermore, if, based on technical or national policy considerations, some site other than Yucca Mountain is selected in the future for study as a repository, the NRC will evaluate the 9910090230 990920 PDR COMMS NRCC  ;

CORRESPONDENCE PDR

2 applicability of the generic environmental impact statement for the license renewal process to

, other proposed repository sites.

In addition to activities associated with 10 CFR Part 51, the Commission has initiated a proposal to amend its regulations to add three fuel storage cask designs to the list of approved cask designs that utilities may use -- under a general NRC license and without site-specific approval -- to store spent fuel at nuclear power plants. This proposal should provide licensees with additional flexibility in managing the safe storage of spent fuel at their facilities.

Since the last report, the Commission and NRC staff also:

a began the review of a request by South Texas Project to exempt low- and non-risk significant systems, structures, and components (SSCs) from special treatment, j normally required by 10 CFR Part 50. In a June 8,1999 Staff Requirements 1 Memorandum, the Commission directed the staff to develop guidance in order to reduce the scope of SSCs requiring this special treatment. l

  • i

. published in the Federal Register a request for public comment on the pilot program of j the revised reactor oversight process that began on May 30,1999, at nine pilot nuclear

{

power plants. In addition, the NRC staff published in the Federal Register a change to the Enforcement Policy addressing the manner enforcement matters should be ]

addressed for the nine pilot plants. l conducted a public meeting between NRC senior managers and stakeholders, including the Chief Nuclear Officers of the pilot plants of the revised reactor oversight process, to discuss the new oversight program.

met with staff from the Department of the Interior's Bureau of Indian Affairs and Bureau of Land Management to discuss the preparation of the second request for additional information regarding the Private Fuel Storage environmentalimpact statement. The NRC staff has the lead for preparing this request for additional information.

These issues are discussed more fully in Enclosure 1. In addition, the NRC staff also has:

issued an amendment to the Kerr-McGee Corporation to authorize remediation of its refinery in Cushing, Oklahoma. I begun review of the Draft Environmental Impact Statement issued by the Department of Energy on thc impacts of disposing nuclear waste in a possible future repository at Yucca Mountain Nevada.

revitted regulations that govern uranium enrichment plants leased and operated by the I U.S. Enrichment Corporation. The amended regulations will provide NRC staff flexibility  ;

on whether a Federal Register Notice is needed whenever an application for certificate I renewal is received, allow approval of amendment requests at a lower level of management than is currently required, and make other changes that improve effectiveness and efficiency.

3 approved an amendment to the International Uranium Corporation's White Mesa uranium mill license, authorizing the company to receive and process uranium bearing material from the Formerly Utilized Site Remedial Action Plan site in St. Louis, Missouri.

  • ' held a stakeholder meeting on August 20,1999, to receive input and comment on the Nuclear Reactor Safety Chapter of the NRC Strategic Plan.

issued a precedent-setting, risk-informed license amendment to Farley Unit 1 that granted the licensee's request to delete a mid-cycle outage for steam generator inspections. - The unique aspect of this licensing action involved the licensee's quantification of the risk impact associated with the proposed change and the staff's reliance on Regulatory Guide 1.174,"An Approach for using Probabilistic Risk Assessment in Risk-Informad Decisions On Plant-Specific Changes to the Licensing Basis,"in judging thu acceptability of the proposed change.

issued a proposed change to regulations for certain facilities that possess and process large quantities of certain types of uranium and plutonium. The proposed rule',

developed through an enhanced public involvement process and published for public l comment, will require affected facilities to identify carefully potential accidents and will thus clarify the safety basis used by NRC to license those facilities.

I have enclosed (Enclosure 2) the August update to the Tasking Memorandum which delineates the specific initiatives completsa by the agency since August 1998 and future milestones.

Please do not hesitate to contact me if I may provide additional information.

Sincerely, rJ k eta Joy Dicus l 1

Enclosures:

1. August Monthly Report
2. Tasking Memorandum cc: Senator Bob Graham.

F.

f 4 UNirED STATES p 'g NUCLEAR REGULATORY COMMISSION '

WASHINGTON, D C. 20666-0001 September 20, 1999 l

\.....

CHAIRMAN I

The Honorable Joe Barton, Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representatives l

Washington, D.C. 20515 i

Dear Mr. Chairman:

The Fiscal Year 1999 Energy and Water Development Appropriations Act, Senate Report 105-206, directed the Nuclear Regulatory Commission (NRC) to provide a monthly report on the status of its licensing and regulatory duties. I am pleased to transmit the ninth report which j covers the month of August (Enclosure 1).

The July report provided information on severalimportant staff activities. In particular, the 1 Commission's approval of the staff's proposal for risk-informing our reactor regulations,10 CFR Part 50, marks an important opportunity to permit both licensees and NRC to focus resources on issues commensurate with their importance to public health and safety. We also concluded in our July report that, based on licensee reports, independent NRC inspection, and ongoing regulatory oversight activities, the Year 2000 problem will not adversely affect the continued safe operation, or if necessary, the safe shutdown, of any of the 103 operational U.S. nuclear power plants. {

l Since our July report, the Commission has approved a final rule which amends 10 CFR Part 51,

" Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions." This final rule eliminates the requirement that individual license renewal applicants address the generic and cumulative environmental impacts associated with transportation operations in the vicinity of a high-level waste repository site. This rule further streamlines the license renewal process and results in resource savings for both the NRC and the industry in processing future license renewal applications.

In analyzing the environmentalimpact of transpo; ting spent fuel and waste in the vicinity of a single repository, the NRC evaluated the impact in the vicinity of Yucca Mountain and specifically the impacts in the vicinity of Las Vegas, Nevada. The NRC elected to evaluate the impacts in the vicinity of Yucca Mountain because Yucca Mountain is the only location currently being evaluated for a repository under the Nuclear Waste Policy Act. The NRC's analysis of .

the impacts in the vicinity of Yucca Mountain in this instance does not prejudge the eventual I licensing of Yucca Mountain as a repository. Rather, it reflects NRC's existing license renewal process by reflecting current repository activities and policies. If an application is filed by the Department of Energy (DOE), the licensing process for a repository in the vicinity of Yucca Mountain will constitute an entirely separate regulatory action from the Part 51 final rule.

Furthermore, if, based on technical or national policy considerations, some site other than Yucca Mountain is selected in the future for study as a repository, the NRC will evaluate the I

l i

2 appUcability of the generic environmental impact statement for the license renewal process to other proposed repository sites.

In addition to activities associated with 10 CFR Part 51, the Commission has initiated a proposal to amend its regulations to add three fuel storage cask designs to the list of approved cask designs that utilities may use -- under a general NRC license and without site-specific approval-- to store spent fuel at nuclear power plants. This proposal should provide licensees with additional f%xibility in managing the safe storage of spent fuel at their facilities.

Since the last report, the Commission and NRC staff also:

began the review of a request by South Texas Project to exempt low- and non-risk significant systems, structures, and components (SSCs) from special treatment, normally required by 10 CFR Part 50. In a lune 8,1999 Staff Requirements Memorandum, the Commission directed the staff to develop guidance in order to reduce the scope of SSCs requiring this special treatment.

published in the Federal Register a request for public comment on the pilot program of the revised reactor oversight process that began on May 30,1999, at nine pilot nuclear power plants. In addition, the NRC staff published in the Federal Register a change to the Enforcement Policy addressing the manner enforcement matters should be addressed for the nine pilot plants.

conducted a public meeting between NRC sen'or  : managers and stakeholders, including the Chief Nuclear Officers of the pilot plants of the revised reactor oversight process, to discuss the new oversight program.

  • met with staff from the Department of the Interior's Bureau of Indian Affairs and Bureau of Land Management to discuss the preparation of the second request for additional information regarding the Private Fuel Storage environmentalimpact statement. The NRC staff has the lead for preparing this request for additional information.

These issues are discussed more fully in Enclosure 1. In addition, the NRC staff also has:

issued an amendment to the Kerr-McGee Corporation to authorize remediation of its I refinery in Cushing, Oklahoma.

begun review of the Draft Environmental Impact Statement issued by the Department of Energy on the impacts of disposing nuclear waste in a possible future repository at Yucca Mountain, Nevada.

revised regulations that govern uranium enrichment plants leased and operated by the U.S. Enrichment Corporation. The amended regulations will provide NRC staff flexibility l on whether a Federal Register Notice is needed whenever an application for certificate renewal is received, allow approval of amendment requests at a lower level l management than is currently required, and make other changes that improve '

effectiveness and efficiency.

I

3 approved an amendment to the International Uranium Corporation's White Mesa uranium mill license, authorizing the company to receive and process uranium bearing material from the Formerly Utilized Site Remedial Action Plan site in St. Louis, Missouri.

  • held a stakeholder meeting on August 20,1999, to receive input and comment on the Nuclear Reactor Safety Chapter of the NRC Strategic Plan.

issued a precedent-setting, risk-informed licenso amendment to Farley Unit 1 that granted the licensee's request to delete a mid-cycle outage for steam generator inspections. The unique aspect of this licensing action involved the licensee's quantification of the risk impact associated with the proposed change and the staff's reliance on Regulatory Guide 1.174,"An Approach for using Probabilistic Risk Assessment in Risk-Informed Decisions On Plant Specific Changes to the Licensing Basis,"in judging the acceptability of the proposed change.

issued a proposed change to regulations for certain facilities that possess and process large quantities of certain types of uranium and plutonium. The proposed rule, developed through an enhanced public involvement process and published for public comment, will require affected facilities to identify carefully potential accidents and will thus clarify the safety basis used by NRC to license those facilities.

I have enclosed (Enclosure 2) the August updata 'o the Tasking Memorandum which delineates the specific initiatives completed by the agency since August 1998 and future milestones.

Please do not hesitate to contact me if I may provide additional information.

l Sincerely, I I

AfIA 0 tb reta Joy Dicus j

Enclosures:

1. August Monthly Report l
2. Tasking Memorandum I cc: Representative Ralph M. Hall i

)

l 1

p f  %)'g UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 2055tL4001

% September 20, 1999 CHAIRMAN Ths Honorable Ron Packard, Chairman Subcornmittee on Energy and Water Development Committee on Appropriations United States House of Representatives Washington, D.C. 20515

Dear Mr. Chairman:

The Fiscal Year 1999 Energy and. Water Development Appropriations Act, Senate Report 105-206, directed the Nuclear Regulatory Commission (NRC) to provide a monthly report on the status of its licensing and regulatory duties. I am pleased to transmit the ninth report which covers the month of August (Enclosure 1).

The July report provided information on severalimportant staff activities. In particular, the Commission's approval of the staff's proposal for risk-informing our reactor regulations,10 CFR j Part 50, marks an important opportunity to permit both licensees and NRC to focus resources q

on issues commensurate with their importance to public health and safety. We also concluded 3 in our July report that, based on licensee reports, independent NRC inspecbn, and ongoing l regulatory oversight activities, the Year 2000 problem will not adversely affect the continued safe operation, or if necessary, the safe shutdown, of any of the 103 operational U.S. nuclear power plants.

Since our July report, the Commission has approved a final rule which amends 10 CFR Part 51,

" Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions." This final rule eliminates the requirement that individual license renewal applicants address the generic and cumulative environmental impacts associated with transportation operations in the vicinity of a high-level waste repository site. This rule further streamlines the license renewal process and results in resource savings for both the NRC and the industry in processing future license renewal applications.

In analyzing the environmental impact of transporting spent fuel and waste in the vicinity of a single repository, the NRC evaluated the impact in the vicinity of Yucca Mountain and specifically the impacts in the vicinity of Las Vegas, Nevada. The NRC elected to evaluate the impacts in the vicinity of Yucca Mountain because Yucca Mountain is the only location currently being evaluated for a repository under the Nuclear Waste Policy Act. The NRC's analysis of the impacts in the vicinity of Yucca Mountain in this instance does not prejudge the eventual licensing of Yucca Mountain as a repository. Rather, it reflects NRC's evisting license renewal process by reflecting current repository activities and policies, if an application is filed by the Department of Energy (DOE), the licensing process for a repository in tho vicinity of Yucca Mountain will constitute an entirely separate regulatory action from the Part 51 final rule.

Furthermore, if, based on technical or national policy considerations, some site other than Yucca Mountain is selected in the future for study as a repository, the NRC will evaluate the I

2 applicability of the generic environmental impact statement for the license renewal process to other proposed repository sites.

In addition to activities associated with 10 CFR Part 51, the Commission has initiated a proposal to amend its regulations to add three fuel storage cask designs to the list of approved cask designs that utilities may use -- under a general NRC license and without site-specific approval-- to store spent fuel at nuclear power plants. This proposal should provide licensees with additional flexibility in managing the safe storage of spent fuel at their facilities.

Since the last report, the Commission and NRC staff also: 1 began the review of a request by South Texas Project to exempt low- and non-risk significant systems, structures, and components (SSCs) from special treatment, normally required by 10 CFR Part 50. In a June 8,1999 Staff Requirements Memorandum, the Commission directed the staff to develop guidance in order to reduce the scope of SSCs requiring this special treatment.

published in the Federal Register a request for public comment on the pilot program of the revised reactor oversight process that began on May 30,1999, at nine pilot nuclear power plants. In addition, the NRC staff published in the Federal Register a change to the Enforcement Policy addressing the manner enforcement matters should be addressed for the nine pilot plants.

conducted a public meeting between NRC senior managers and stakeholders, including the Chief Nuclear Officers of the pilot plants of the revised reactor oversight process, to discuss the new oversight program.

I met with staff from the Department of the Interior's Bureau of Indian Affairs and Bureau  ;

of Land Management to discuss the preparation of the second request for additional  !

information regarding the Private Fuel Storage environmentalimpact statement. The NRC staff has the lead for preparing this request for additionalinformation.

These issues are discussed rnore fully in Enclosure 1. In addition, the NRC staff also has:

issued an amendment to the Kerr McGee Corporation to authorize rernediation of its refinery in Cushing, Oklahoma.

begun review of the Draft Environmental Impact Statement issued by the Department of Energy on the impacts of disposing nuclear waste in a possible future repository at Yucca Mountain, Nevada, l

revised regulations that govern uranium enrichment plants leased and operated by the U.S. Enrichment Corporation. The amended regulations will provide NRC staff flexibility  ;

on whether a Federal Register Notice is needed whenever an application for certificate l renewal is received, allow approval of amendment requests at a lower level of l management than is currently required, and make other changes that improve i effectiveness and efficiency.

3 approved an amendment to the international Uranium Corporation's White Mesa uranium milllicense, authorizing the company to receive and process uranium bearing material from the Formerly Utilized Site Remedial Action Plan site in St. Louis, Missouri.

held a stakeholder meeting on August 20,1999, to receive input and comment on the Nuclear Reactor Safety Chapter of the NRC Strategic Plan.

issued a precedent-setting, risk-informed license amendment to Farley Unit 1 that granted the licensee's request to delete a mid-cycle outage for steam generator inspections. The unique aspect of this licensing action involved the licensee's quantification of the risk impact associated with the proposed change and the staff's reliance on Regulatory Guide 1.174, "An Approach for using Probabilistic Risk Assessment in Risk-Informed Decisions On Plant-Specific Changes to the Licensing Basis,"in judging the acceptability of the proposed change.

issued a proposed change to regulations for certain facilities that possess and process large quantities of certain types of uranium and plutonium. The proposed rule, developed through an enhanced public involvement process and published for public comment, will require affected facilities to identify carefully potential accidents and will thus clarify the safety basis used by NRC to license those facilities.

I have enclosed (Enclosure 2) the August update to the Tasking Memorandum which delineates the specific initiatives completed by the agency since August 1998 and future milestones.

Please do not hesitate to contact me if I may provide additional information.

Sincerely, 1

na. .; b

' ta e Joy Dicus

Enclosures:

1. August Monthly Report
2. Tasking Memorandum cc: Representative Peter J. Visclosky

/  % UNITED STATES y

'4 NUCLEAR REGULATORY COMMISSION WASHINGTON. O C 20666-0001 September 20, 1999 k.....

CHAIRMAN The Honorable Pete V. Domenici, Chairman Subcommittee on Energy and Water Development Committee on Appropriations United States Senate Washington, D.C. 20510

Dear Mr. Chairman:

The Fiscal Year 1999 Energy and Water Development Appropriations Act, Senate Report 105-206, directed the Nuclear Regulatory Commission (NRC) to provide a monthly report on the status of its licensing and regulatory duties. I am pleased to transmit the ninth report which 3

covers the month of August (Enclosure 1).

i The July report provided information on several important staff activities, in particular, the Commission's approval of the staff's proposal for risk-informing our reactor regulations,10 CFR Part 50, marks an important opportunity to permit both licensees and NRC to focus resources on issues commensurate with their importance to public health and safety. We also concluded in our July report that, based on licensee reports, independent NRC inspection, and ongoing q regulatory oversight activities, the Year 2000 problem will.not adversely affect the continued I safe operation, or if necessary, the safe shutdown, of any of the 103 operational U.S. nuclear power plants.

l Since our July report, the Commission has approved a final rule which amends 10 CFR Part 51, I

  • Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions." This final rule eliminates the requirement that individuallicense renewal applicants address the generic and cumulative environmental impacts associated with transportation operations in the vicinity of a high-level waste repository site. This rule further streamlines the license renewal process and results in resource savings for both the NRC and the industry in processing future license renewal applications.

In analyzing the environmentalimpact of transporting spent fuel and waste in the vicinity of a single repository, the NRC evaluated the impact in the vicinity of Yucca Mountain and l specifically the impacts in the vicinity of Las Vegas, Nevada. The NRC elected to evaluate the l impacts in the vicinity of Yucca Mountain because Yucca Mountain is the only location currently ,

being evaluated for a repository under the Nuclear Waste Policy Act. The NRC's analysis of  !

the impacts in the vicinity of Yucca Mountain in this instance does not prejudge the eventual licensing of Yucca Mountain as a repository. Rather, it reflects NRC's existing license renewal process by reflecting current repository activities and policies. If an application is filed by the Department of Energy (DOE), the licensing process for a repository in the vicinity of Yucca Mountain will constitute an entirely separate regulatory action from the Part 51 final rule. j Furthermore, if, based on technical or national policy considerations, some site other than i Yucca Mountain is selected in the future for study as a repository, the NRC will evaluate the l l

I 2

applicability of the generic environmental impact statement for the license renewal process to other proposed repository sites. i

)

In addition to activities associated with 10 CFR Part 51, the Commission has initiated a l proposal to amend its regulations to add three fuel storage cask designs to the list of approved I cask designs that utilities may use -- under a general NRC license and without site-specific approval - to store spent fuel at nuclear power plants. This proposal should provide licensees I with additional flexibility in managing the safe storage of spent fuel at their facilities.  !

Since the last report, the Commission and NRC staff also:

a began the review of a request by South Texas Project to exempt low- and non-risk significant systems, structures, and components (SSCs) from special treatment,  !

normally required by 10 CFR Part 50. In a June 8,1999 Staff Requirements  ;

Memorandum, the Commission directed the staff to develop guidance in order to reduce the scope of SSCs requiring this special treatment.

published in the Federal Register a request for public comment on the pilot program of the revised reactor oversight process that began on May 30,1999, at nine pilot nuclear power plants. In addition, the NRC staff published in the Federal Register a change to the Enforcement Policy addressing the manner enforcement matters should be addressed for the nine pilot plants.

conducted a pub lic meeting between NRC senior managers and stakeholders, including the Chief Nuclear Officers of the pilot plants of the revised reactor oversight process, to discuss the new oversight program.

  • met with staff from the Department of the interior's Bureau of Indian Affairs and Bureau of Land Management to discuss the preparation of the second request for additional l information regarding the Private Fuel Storage environmentalimpact statement. The NRC staff has the lead for preparing this request for additionalinformation.

q These issues are discussed more fully in Enclosure 1. In addition, the NRC staff also has:  !

1

  • issued an amendment to the Kerr-McGee Corporation to authorize remediation of its refinery in Cushing, Oklahoma.

begun review of the Draft Environmental Impact Statement issued by the Department of Energy on the impacts of disposing nuclear waste in a possible future repository at Yucca Mountain, Nevada.

revised regulations that govern uranium enrichment plants leased and operated by the l U.S. Enrichment Corporation. The amended regulations will provide NRC staff flexibility on whether a Federal Register Notice is needed whenever an application for certificate renewal is received, allow approval of amendment requests at a lower level of management than is currently required, and make other changes that improve effectiveness and efficiency.

I

3 approved an amendment to the International Uranium Corporation's White Mesa uranium mill license, authorizing the company to receive and process uranium bearing material from the Formerly Utilized Site Remedial Action Plan site in St. Louis, Missouri.

held a stakeholder meeting on August 20,1999, to receive input and comment on the Nuclear Reactor Safety Chapter of the NRC Strategic Plan.

issued a precedent-setting, risk-informed license amendment to Farley Unit 1 that granted the licensee's request to delete a mid-cycle outage for steam generator inspections. The unique aspect of this licensing action involved the licensee's quantification of the risk irnpact associated with the proposed change and the staff's reliance on Regulatory Guide 1.174, "An Approach for using Probabilistic Risk Assessment in Risk-informed Decisions On Plant-Specific Changes to the Licensing Basis,"in judging the acceptability of the proposed change.

issued a proposed change to regulations for certain facilities that possess and process large quantities of certain types of uranium and plutonium. The proposed rule',

developed through an enhanced public involvement process and published for public comment, will require affected facilities to identify carefully potential accidents and will thus clarify the safety basis used by NRC to license those facilities.

I have enclosed (Enclosure 2) the August update to the Tasking Memorandum which delineates the specific inMatives completed by the agency since August 1998 and future milestones.

Please do not hesitate to contact me if I may provide additional information.

Sincerely, t1 e ch eta Joy Dicus

Enclosures:

1. August Monthly Report
2. Tasking Memorandum i

cc: Senator Harry Reid

q

, . l pc b UNITED STATES p 'g NUCLEAR REGULATORY COMMISSION -

WASHINGTON, f5 r' 20551L4001 September 20, 1999 CHAIRMAN The Honorable Pete V. Domenici United States Senate Washington, D.C. 20510

Dear Mr. Chairman:

The Fiscal Year 1999 Energy and Water Development Appropriations Act, Senate Report 105-206, directed the Nuclear Regulatory Commissicn (NRC) to provide a monthly report on the status of its licensing and regulatory duties. I am pleased to transmit the ninth report which covers the month of August (Enclosure 1).

The July report provided information on severalimportant staff activities, in particular, the Commission's approval of the staff's proposal for risk informing our reactor regulations,10 CFR Part 50, marks an important opportunity to permit both licensees and NRC to focus resources on issues commensurate with their importance to public health and safety. We also concluded in our July report that, based on licensee reports, independent NRC inspection, and ongoing regulatory oversight activities, the Year 2000 problem will not adversely affect the continued safe operation, or if necessary, the safe shutdown, of any of the 103 operational U.S. nuclear power plants.

Since our July report, the Commission has approved a final rule which amends 10 CFR Part 51,

" Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions." This final rule eliminates the requirement that individuallicense renewal applicants address the generic and cumulative environmentalimpacts associated with transportation operations in the vicinity of a high-level waste repository site. This rule further streamlines the license renewal process and results in resource savings for both the NRC and the industry in processing future license renewal applications.

in analyzing the environmentalimpact of transporting spent fuel and waste in the vicinity of a single repository, the NRC evaluated the impact in the vicinity of Yucca Mountain and  ;

specifically the impacts in the vicinity of Las Vegas, Nevada. The NRC elected to evaluate the I impacts in the vicinity of Yucca Mountain because Yucca Mountain is the only location currently being evaluated for a repository under the Nuclear Waste Policy Act. The NRC's analysis of the impacts in the vicinity of Yucca Mountain in this instance does not prejudge the eventual licensing of Yucca Mountain as a repository. Rather, it reflects NRC's existing license renewal process by reflecting current repository activities and policies. If an application is filed by the Department of Energy (DOE), the licensing process for a repository in the vicinity of Yucca Mountain will constitute an entirely separate regulatory action from the Part 51 final rule.

Furthermore, if, based on technical or national policy considerations, some site other than Yucca Mountain is selected in the future for study as a repository, the NRC will evaluate the ll

e 2

applicability of the generic environmental impact statement for the license renewal process to other proposed repository sites, in addition to activities associated with 10 CFR Part 51. the Commission has initiated a proposal to amend its regulations to add three fuel storage cask designs to the list of approved cask designs that utilities may use -- under a general NRC license and without site-specific approval -- to store spent fuel at nuclear power plants. This proposal should provide licensees with additional flexibility in managing the safe storage of spent fuel at their facilities.

Since the last report, the Commission and NRC staff also:

began the review of a request by South Texas Project to exempt low- and non-risk significant systems, structures, and components (SSCs) from special treatment, normally required by 10 CFR Part 50. In a June 8,1999 Staff Requirements Memorandum, the Commission directed the staff to develop guidance in order to reduce the scope of SSCs requiring this special treatment.

published in the Federal Register a request for public comrnent on the pilot program of the revised reactor oversight process that began on May 30,1999, at nine pilot nuclear power plants. In addition, the NRC staff published in the Federal Register a change to the Enforcement Policy addressing the manner enforcement matters should be addressed for the nine pilot plants. j

=

conducted a public meeting between NRC senior managers and stakeholders, including the Chief Nuclear Officers of the pilot plants of the revised reactor oversight process, to j discuss the new oversight program.

  • met with staff from the Department of the Interior's Bureau of Indian Affairs and Bureau of Land Management to discuss the preparation of the second request for additional information regarding the Private Fuel Storage environmentalimpact statement. The NRC staff has the lead for preparing this request for additional information.

These issues are discussed more fully in Enclosure 1. In addition, the NRC staff also has:

issued an amendment to the Kerr McGee Corporation to authorize remediation of its ,

refinery in Cushing, Oklahoma.

begun review of the Draft Environraental Impact Statement issued by the Department of Energy on the impacts of disposing nuclear waste in a possible future repository at Yucca Mountain, Nevada.

revised regulations that govern uranium enrichment plants leased and operated by the U.S. Enrichment Corporation. The amended regulations will provide NRC staff flexibility on whether a Federal Register Notice is needed whenever an application for certificate renewal is received, allow approval of amendment requests at a lower level of management than is currently required, and make other changes that improve effectiveness and efficiency.

3 approved an amendment to the international Uranium Corporation's White Mesa uranium mill license, authorizing the company to receive and process uranium bearing.

material from the Formerly Utilized Site Remedial Action Plan site in St. Louis, Missouri.

held a stakeholder meeting on August 20,1999, to receive input and comment on the Nuclear Reactor Safety Chapter of the NRC Strategic Plan.

issued a precedent-setting, risk-informed license amendment to Farley Unit 1 that granted the licensee's request to delete a mid-cycle outage for steam generator inspections. The unique aspect of this licensing action involved the licensee's quantification of the risk impact associated with the proposed change and the staff's reliance on Regulatory Guide 1.174, "An Approach for using Probabilistic Risk Assessment in Risk-Informed Decisions On Plant-Specific Changes to the Licensing Basis,"in judging the acceptability of the proposed change.

issued a proposed change to regulations for certain facilities that possess and process large quantities of certain types of uranium and plutonium. The proposed rule, ~

developed through an enhanced public involvement process and published for public comment, will require affected facilities to identify carefully potential accidents and will thus clarify the safety basis used by NRC to license those facilities.

I have enclosed (Enclosure 2) the August update to the Tasking Memorandum which delineates the specific initiatives completed by the agency since August 1998 and future milestones.

Please do not hesitate to contact me if I may provide additional information.

Sincerely, Adi 0 N reta Joy Dicus

Enclosures:

1. August Monthly Report
2. Tasking Memorandum l

l l

I J