ML20216F521
| ML20216F521 | |
| Person / Time | |
|---|---|
| Issue date: | 01/16/1995 |
| From: | Dudley R NRC |
| To: | Feldman C NRC |
| Shared Package | |
| ML20216F445 | List: |
| References | |
| FRN-60FR37374, RULE-PR-2, RULE-PR-50-60F37374, RULE-PR-51 AE96-1-010, AE96-1-10, NUDOCS 9803180432 | |
| Download: ML20216F521 (8) | |
Text
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From: Richard F. Dudley (RFD)
To: CXF, CATI Date: Monday, January 16, 1995 3:19 pm
Subject:
D0PS comments on proposed rule J
Provided below are D0PS comments on the proposed rule. The redline / strikeout 1 indications are to show the changes proposed by DOPS to the document prepared f by RES. Questions or comments may be referred to T. Markley or R. Dudley.
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D0PS Comments on Decommissioning Rule - 1/5/95 draft s 2.1201 (a) (3):
00PS believes that a Subpart G Formal hearing should continu2 to be f offered for license amendments after perinanent cessation of operations.
A Subpart L informal hearing should be offered at the license termination stage and it must be a pre-hearing (ie. held before the license is terminated). This should be an agenda item for the steering group to disc s. ,4 g(
, s 50.2 Definitions: pg / e 4 Ag6 Decommissionina activity means, for a nuclear power reactor, any activity that results in per= nent removal of major components khiEhiareinotIr pkmainently modifies the structure of the containment, dismintles for;ehlic5d,
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immediat'e or future shipment components which 'areWt Feplaced (with the exception of equipment that normally contains special nuclear materials) containing greater than class C waste.
Ma.ior radioactive components means, for a nuclear power reactor-:
reae4ee-eeehat systc= pipkg-and components including: reactor vessel and internals, steam generators, pressurizers, large bore reactor coolant _ system piping, pumps and valves, and.l_argetradi_cactively contaminated components'and large bore piping in auxiliary plantLsystems.
I 6 50.48 Fire Protection '
Replace with the revised section below:
i (f) Licensees that have submitted the certifications required under s 50.82(b)(1) shall maintain a fire protection program to address the potential for fires which could cause the release or spread of radioactive materials (ie. which could result in a radiological hazard).
(1) The objectives of the fire protection program are to: (i) reasonably prevent such fires from occurring; (ii) rapidly detect, control, and extinguish those fires which oo occur and which could result in a radiological hazard; and (iii) ensure that the risk of fire-induced radiological hazards to the public, environment, and plant personnel is minimized.
(2) The fire protection program shall be assessed by the licensee on a regular basis and revised as appropriate throughout the various stages of facility decommissioning.
(3) The licensee may make changes to the fire protection program without NRC approval only if these changes do not reduce the effectiveness of fire l protection for systems and equipment which could result in a radiological i hazard, taking into account the decommissioning plant conditions and activities.
s 50.49 Environmental aualification of electric eauipment important to safety for nuclear power plants, l
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e (a) Each holder of or an applicant for a license to cperate for a nuclear power plant, other than reactor facilities that have submitted the certifications required under 9 50.82(b)(1), shall _ establish a program for qualifying the electric equipment defined in paragraph (b) of this section.
S 50.51 Duration of license. renewal .
(b) In the absence of an application for timely renewal filed in accordance with applicable NRC regulations, each license will continue in effect beyond the expiration date, if necessary, with respect to possession of the production or utilizat;un facility, until the Commission notifies the licensee in writing that the license is terminated. During any period of continued effectiveness of a license beyond the license's stated expiration d-te, the licensee is prohibited from operating the production or utilization fac1'ity and shall-(1) Limit activities to:
i) actions necessary to decommission and decontaminate the facility; ii) ;; tion; specifically authorized under an EC approved decc-issioning cr termination plan; cr t f iii) actions necessary to maintain the facility, including the spent f fuel pool, in a safe condition, and (2) Shall conduct activities in accordance with all other
.[ restrictions applicable to the facility in accordance with %e NRC regulations and the provisions of the specific Part 50 license for the facility.
G 50.59 Chanaes. tests and experiments.
Due to the significance of the changes proposed below, this saction should be an agenda item for the Steering Committee to discuss.
{d) A nuclear pc=cr reacter licen:ce which h: submitted the certificat4cn; required under s 50.82(b)(1) may c+ncuct activitics with regard to the facility, : described in p;eagraph ( ) of thi ;cction, provided the change: <culd not:
(1) forecic;c the relca e of the site for possible unrc tricted use, or (2) ;ignificantly increase decc-issioning cc;ts, or (3) cause any significant envircnmental impact act previcu:ly reviewed, se (4) eiclate the term; cf the Licensec' existing license.
fe)(d) All the provisions of this section shall apply to each nuclear power reactor licensee that has submitted the certifications required under 9 50.82(b)(1).
(e) All the provisions of this section shall apply each non-power licensee whose license no longer authorizes operation of the reactor.
5 50.60 Acceptance criteria for fracture or6vention measures for liaht-water nuclear Dower reactors for normal oDeration.
(a) Except as provided in paragraph (b) of this section, all light water nuclearpowerreactors,oi.herthan'reactorfacilities:thathavesubmittedLthe certifications 7 required under 6'50.82(b)(1), must meet the fracture toughness alid%iteriaT~ surveillance program requirements for the reactor coolant pressure boundary set forth in Appendices G and H to this part.
9 50.61 Fracture touahness reauirements for orotection aaainst nressurized thermal shock events.
(b) Requirements.
(1) For each pressurized water nuclear power reactor for which an operating license has been issued, other than reactor facilities that have submitted the certifications required under s 50.82(b)(1), the licensee shall submit projected values of RT pys for reactor vessel beltline materials by giving values for the time of submittal, the expiration date of the operating license, the projected expiration date if a change in the operating license has been requested, and the projected expiration date of a renewal term if a request for license renewal has been submitted. The assessment must use the calculative procedures given in paragraph (b)(2) of this section. The assessment must specify the bases for the projection, including the assumptions regarding core loading patterns. The submittal must list the copper and nickel contents, and the fluence values used in the calculation for each beltline material. If these quantities differ from those submitted in response to the original PTS rule and accepted by the NRC, justification must be provided. If the value of RT pts for any material in the beltline is projected to exceed the PTS screening criteria before the expiration date of the operating license or the proposed expiration date if a change in the license has been requested, or the end of a renewal term if a request for license renewal has been submitted, this assessment must be submitted by December 16, 1991. Otherwise If not submitted'by December.16,fl991, this assessment must be submitted with the next update of the pr' essure-temperature limits, or the next reactor vessel material surveillance report, or by. June 14, 1996 5 year from the effective date of this rule, whichever comes'first.
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These submittals must be updated whenever there is a significant change in projected values of RT or upon a request for a change in the expiration dateforoperationof'tNe, facility.
00PS Comment: Do not make the " cleanup" changes shown above in the next-to- l last sentence. Leaving in the old words gives the reader some background information and changing them could result in inadvertent interpretation problems .
E 50.65 Reauirements for monitorina the effectiveness of maintenance at nuclear oower plants, (a)(1) Each holder of a license to possess or operate a nuclear power plant under 66 50.21(b) or 50.22 shall monitor the performance or condition of structures, systems, or components, against licensee-established goals, in a manner sufficient to provide reasonable assurance that such structures, l
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systems, and components, as defined in paragraph (b), are capable of fulfilling their intended functions. Such goals shall be established commensurate with safety and, where practical, take into account industry-wide operating experience. When the performance or condition of a structure, system, or component does not meet established goals, appropriate corrective action shall be taken.
DOPS(believes 1that the above maintenance requireme6ts/for permanentlidhut downJplantsf are too broad and should. be restricted bytadding an; addit _l'onal paragraph that'more: specifically describesQequkements for these?pla~ntss R$WdnN@l4h's?hTa x stWrir@igroup ?igiWidhitemtfotNHiesisiW. 00PS M~i" '
workingHn f the' wording (for f thi staddi tional ?psr.agriph In 5 50.71, paragraph (f) is added to read as follows:
9: 50.71: " Maintenance of records. makina of reports.-
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(f) The provisions of this section shall apply to nuclear power reactor licensees that have submitted the certifications required under s 50.82(b)(1).
Irr E"50.75,- paragraph (f)(1),. redline' the words L"costlestimating" Kin the [first sentence. lIn.paragraphi(f)(2),: change the due.date.-for non-power: reactor preliminary decommissioning plans from'5^to 2 years?before. shutdown.
6 50.82 Application for termination of license. g i A l
(a) Any licensee may apply to the Commission for authority to surrender # -
a license voluntarily procedures and to decommission in this section. its has For a facility which facility in accordance permanently ceasedwith the Y ^[ O operation before the expiration of its licerse, the cellection period for any shortfall of funds will be determined, upon application by the licensee, on a case-by-case basis taking into account the specific financial sit = tion of each licensee.
(b) For power reactor licensees--
(1) When a nuclear power reactor licensee has determined to permanent?y cease operations, or when a final legally effective order to permanently cease operations has come into effect, the licensee shall, within 30 days, submit a written certification to the NRC, consistent with the requirements of s 50.4(b)(8), :: acil :: submit a written certification to the NRC that fuel has-been permanently removed frc the reacter._
vessel,. consistent dth the requirement; cf. ! 50.4(b)(9). . 'When:fuci ha'sebeen permanently removed from the reactor vessel 7 atwritten
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certification to that effect'shall be submitted to the" NRC, consistent with the requirements'of 550.4(b)(9).
(2) Upon receipt ~of the certifications for permanent cessation of operation and permanent removal of fuel from the reactor vessel, the Part 50 license for power reactors no longer authorizes operation of the reactor.
(3)(i) Prior to or within two years following permanent cessation of operations the licensee of a nuclear power reactor shall submit a post shutdown activities decommissioning report (PSDAR) which shall include a
O description of the planned decommissioning activities along with a schedule >
for their accomplishment, a general description and estimate of expected i costs, and a discussion as to whether the environmental impacts associated with site-specific decommissioning activities will be bounded by appropriate environmental impact statements.
(ii) The PSDAR ch:11 state that dDecommissioning w444 shall b .
completed within 60 years of permanent cessation of operation. Consiueration ]
will be given for completion of decommissioning beyond 60 years only when necessary to protect public health and safety. Factors to be considered in evaluating an alternative which provides for completion of decommissioning beyond 60 years include unavailability of waste disposal capacity and other site-specific factors affecting the licensee's capability to carry out decommissioning safely, including presence of other nuclear facilities at the site.
(iii) The NRC shall notice receipt of the PSDAR and solicit public comment. The NRC shall also schedule a public meeting in the vicinity of the licensee's facility upon receipt of the PSDAR. The NRC shall publish a notice in the Federal Register and in a forum, such as local newspapers, which is readily accessible to individuals in the vicinity of the site, announcing the date, time and location of the meeting, along with a brief description of the proposed purpose of the meeting.
(4) For a power reactor licensee, f 50.59 may not be used to perform decommiasioning activities, as defined in 5 50.2, until 90 days after the NRC has received the licensee's PSDAR submittal, prev 44ed and until the NRC has received the licensee's certifications of permanent cessation"of operations and permanent removal of fuel from the reactor vessel. b taking action:
permitted under s 50.59 following submittal of the PSDAR, the licensec shall notify the NRC, in writing, before t: king any ction er = king :ny significant schedule chenge frc= the:c action and schedules described in the PSDAR. Thi; include action; whcre varica; deccrissioning ctivitics, ::
defined in s 50.2, =y have been delayed by first placing the facility in stcr:ge, where les: decc--issioning activity and planning wculd be required.
(5)(i) For power reactor licensees that have permanently ceased operation and permanently removed fuel from the reactor vessel, decommissioning trust funds may be used provided that the withdrawal of funds would not reduce the decommissioning trust below an amount necessary to place and maintain the reactor facility in a safe storage condition until decommissioning can be completed or inhibit the licensee's ability to complete funding of any shortfalls in the decommissioning trust needed to ensure the ultimate release of the site. Initially, 3% of the generic decommissioning cost amount specified in s 50.75 may be used. Commencing 90 days after the NRC has received the PSDAR, an additional 20% of this generic amount may be used. A detailed decc=i::icning site-specific decommissioning cost on:1ysi;
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estimate must be submitted to the NRC prior to the' licensee being permitted to use any' additional funding in excess of these amounts.
(ii) Within two years follow.ing permanent cessation of operation of a nuclear power reactor, if not already submitted, the licensee shall submit a deh44ed site-specific decommissioning cost estimate.
(iii) For decommissioning phs activities that delay completion of decommissioning by including a period of storage or surveillance, the licensee must provide that means be included for adjusting cost estimates and associated funding levels over the storage or surveillance period tc;;cccent fer"ihfi:tibn.
'(A) ' fund nccded to complete dece r.i::icning be placed into an ;cccunt
- cgreg:ted frc= the licen:ce's :::ct: and cutside the licensec administrative
contr:1 during the :tcrage er surve41 hnce period, cr surcty method er fund statement of intent be maintained in ccord:nce with thc-criteria of s M4 DOPS Comment / Question: If the above paragraph (A) is deleted, do we have a requirement elsewhere that would cause these funds to be put into a trust fund?
Appendix I - Numerical Guides for Desian Obiectives and limitina Conditions of Operation to Meet the Criterion "As low As Is Reasonably Achievable" for Radioactive Material in Licht-Water-Cooled Nuclear Power Reactor Effluents.
SECTION I. Introduction. Section 50.34a provides that an application for a permit to construct a nuclear power reactor shall include a description of the preliminary design of equipment to be installed to maintain control over radioactive materials in gaseous and liquid effluents produced during normal conditions, including expected occurrences. In the case of an application filed on or after January 2,1971, the application must also identify the design objectives, and the means to be employed, for keeping levels of radioactive material in effluents to unrestricted areas as low as practicable.
Section 50.36a contains provisions designed to assure that releases of radioactive material from nuclear power reactors to unrestricted areas during normal conditions, including expected occurrences, are kept as low as practicable.
SEC. IV. Guides on technical specifications for limiting conditions for operation for light-water-cooled nuclear power reactors licensed under 10 CFR Part 50. The guides on limiting conditions for operation for light-water-cooled nuclear power reactors set forth below may be used by an applicant for a license to pc :c : cr operate a light-water-cooled nuclear power reactor or a licensee who has submitted certifications under E 50.82(b)(1) as guidance in developing technical specifications under s 50.36a(a) to keep levels of radioactive materials in effluents to unrestricted areas as low as is reasonable achievable.
C. If the data developed in the surveillance and monitoring program described in paragraph B of Section III or from other nonitoring programs show that the relationship between the quantities of radioactive material released in liquid and gaseous effluents and the dose to individusls in unrestricted areas is significantly different from that assumed in the calculations used to determine design objectives pursuant to Sections 11 and III, the Commission may modify the quantities in the technical specifications defining the limiting conditions in a license to pc::c : cr operate a light-water-cooled nuclear power reactor or a license whose holder has submitted certificati'ons under 5 50.82(b)(1).
SEC. V. * * * *
- B. For cach light water cccled nuclear pcwcr reactor licensec ce O cpplicent constructed pursuant to a permit for .;hich application ac filed .j
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prior to January 2,1971, the hcider cf ; permit er licen:c, authoriz.ing cper tica of the reacter shall , hadclly, ,w& thin a period of- twelve month: YW Y
frc= June i,1975, file with the Cc-iiision+ P#c4 U
DOPS Comment: The paragraph above appears to implement a new requirement that we do not need.
PART SI- ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS In s 51.53, paragraph (b) is revised to read as follows:
Q .st Operating License Stage. Each applicant for a 1icense
_ .._...lt??? authorizing the decommissioning of a productionor utilization facility covered by s 51.20; each applicant for an amendment approving a plan providing for release of a production or utilization facility site, covered by 651.20, either for unrestricted use or based on continuing use restrictions applicable to the site; and each applicant for a license or license amendment to store spent fuel at a nuclear power reactor...
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00PS Comment: Jin' addition to the changes above, th'is_ par'agraph:must le supplemented;to address,non power reactors as.well. 0GC assistance on changing the 1icense' amendment wording:is also needed.