ML20216F543
| ML20216F543 | |
| Person / Time | |
|---|---|
| Issue date: | 01/27/1995 |
| From: | Morris B NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Larkins J Advisory Committee on Reactor Safeguards |
| Shared Package | |
| ML20216F445 | List: |
| References | |
| FRN-60FR37374, RULE-PR-2, RULE-PR-50, RULE-PR-51 AE96-1-013, AE96-1-13, NUDOCS 9803180441 | |
| Download: ML20216F543 (46) | |
Text
I 4
g January 27, 1995 PhR twq 6 -o)
MEMORANDUM T0: John T. Larkins, Executive Director i
Advisory Committee on Reactor Safeguards FROM: Bill M. Morris, Director
/ Division of Regulatory Applications Office of Nuclear Regulatory Research
SUBJECT:
PROPOSED RULE TO AMEND 10 CFR PARTS 2, 50 AND 51 RELATED TO DECOMMISSIONING OF NUCLEAR POWER REACTORS i
On May 5, 1994, I discussed the recommendations described in SECY-94-141 for
" Improvement of the Rulemaking Process" with the Advisory Committee on Reactor Safeguards (ACRS). This improved process was subsequently endorsed by you in a memorandum to Chairman Selin dated June 14, 1994 and approved, with one exception, by the Commission on June 28, 1994.
In accordance with the revised procedures for rulemaking described in Management Directive 6.3, the Federal Register Notice for the subject rulemaking is attached to keep the ACRS informed about our progress on this rulemaking. This proposed rule would amend the decommissioning regulations in Parts 2, 50, and 51 to clarify the applicability of certain regulations to permanently shutdown reactors. In addition, the proposed rulemaking would amend the decommissioning regulations in Part 50 to codify procedures and terminology that have been used in a number of specific cases. This rulemaking rt ponds to a Staff Requirements Memorandum dated October 5, 1994, ;
that requested the staff to review and rework the rule proposed in SECY-94-179. We will, upon request, meet with the ACRS at any time to discuss l the details of this rulemaking. The current version of this rulemaking is being provided to the ACRS for your information.
We expect to provide this rulemaking to the ED0 on February 17, 1995. Our i current schedule includes target dates for publication of the proposed rule by j the end of March 1995 and publication of the final rule by January 1996.
However, these dates are subject to change. The contact for this rulemaking !
is Carl Feldman and he can be reached at 415-6195. 1
Attachment:
As' stated DISTRIBUTION:
DACool R/F CATrottier RES Files FCostanzi DOCUMENT NAME: g:\trottier\acrs. cat
! *J:".h* f:.: *1*. . % * *fa";"b ' "' ' "" ' " '"* "" "' * "" """"' * " * * ""*"" *"* '" "* * '" ~ "" """
0FFICE: DRA/RPHEB._ E~ DRA/RPHE_B -M D/DRA/RES 1 '
NAME: CFeldmkn)M- DACool N BMorris I DATE: //M /95 / / 2 4/95 (/Le/95
, OFFICIAL RECORD COPY RES FILE CODE #
l l
9003180441 980311 g PDR PR Q.
2 60FR37374 FDR C\J
d o
ATTACHMENT 2 Federal Register Notice 4
4 i
a 6
[7590-01-P]
NUCLFJul REGULATORY COMMISSION 10 CFR Parts 2, 50, and 51 RIN 3150-AE96 Decommissioning of Nuclear Power Reactors AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
SUMMARY
- The Nuclear Regulatory Commission is proposing to amend its regulations on the decommissioning procedures that lead to the termination of an operating license for nuclear power reactors and release of the property. The proposed amendments would clarify ambiguities that have arisen in the past and codify practices which have been utilized for other licensees on a case-by-case basis.
l l
DATES: The comment period expires (90 days af ter publication in 1
the Federal Register). Comments received after this date will be considered if it is practs cal to do so, but the Commission is able l to assure consideration only for comments received on or before this date.
ADDRESSES: Submit comments to: The Secretary of the Commission, Commission, Washington, DC 20555, U.S. Nuclear Regulatory Attention: Docketing and Service Branch. Copies of comments
~
a 4
received may be examined at the NRC Public Document Room, 2120 L Street NW. (Lower Level) Washington, DC.
Comments may be submitted electronically, in either ASCII text or Wordperfect format (version 5.1 or later) , by calling the NRC The bulletin board may be Electronic Bulletin Board on FedWorld.
accessed using a personal computer, a modem, and one of the commonly available communications software packages, or directly via Internet. Background documents on the rulemaking are also available for downloading and viewing on the bulletin board.
If using a personal computer and modem, the NRC subsystem on FedWorld can be accessed directly by dialing the toll free number:
1-800-303-9672. Communication sof tware parameters should be set as parity to none, data bits to 8, and stop bits to 1 follows:
emulation. The NRC (N,8,1) . Use ANSI or VT-100 terminal rulemaking subsystems can then be accessed by selecting the " Rules Menu" option from the "NRC Main Menu." For further information at FedWorld consult the about options available for NRC
" Help /Information Center" from the "NRC Main Menu." Users will find the "F6dWorld Online User's Guides" particularly helpful.
Many NRC subsystems and databases also have a " Help /Information Center" option that is tailored to the particular subsystem.
The NRC subsystem on FedWorld can also be accessed by a direct 703-321-8020; Telnet dial phone number for the main FedWorld BBS:
via Internet: fedworld. gov (192.239.92.3); File Transfer Protocol (FTP) via Internet: ftp.fedworld. gov (192.239.92.205); and World l
l l
2 i
l L _ _ _ _
r-l.
L Wide ' Web using the "Fome Page": www.fedworld. gov (this is the.
Uniform Resource Locator (URL)).
.. If using a method other than the'NRC's toll free number to contact FedWorld, then the NRC subsystem will be accessed from the main FedWorld menu by selecting "F -
Regulatory, Government Administration and State Systems" or by entering the command "/go nrc" at a FedWorld command line.- At the next menu select "A -
Regulatory Information Mall," and then select "A - U.S. Nuclear J
Regulatory Commission" at the next menu. If you access NRC from I FedWorld's " Regulatory, Government Administration" menu, then you may return to FedWorld by selecting- the' " Return to FedWorld" option from the "NRC Main Menu." However, if you access NRC at FedWorld by using NRC's toll-free number, then you will have full access to all NRC systems, but you will not have access to the main FedWorld
. system. For more information on NRC bulletin boards call Mr.
Arthur Davis, Systems Integration and Development Branch, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone f (301) 415-5780; e-mail AXD3enrc. gov.
. l FOR FURTHER INFORMATION CONTACT:
Dr. Carl Feldman, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) -415-6194, Anthony W. Markley, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301)-504-1169 or, t
Bradley W. Jones, Office of the General Counsel, U.S. Nuclear 3
4 Regulatory Commission, Washington, DC 20555, telephone (301) 504-1628.
SUPPLEMENTARY INFORMATION:
I. Background.
II. Existing regulatory framework.and need for the amendments.
III. Clarification of the applicability of 10 CFR Part 50 to permanently shut down and decommissioning nuclear powerplants.
IV. Criminal penalties provisions.
I. Background When the decommissioning regulations were published on June 27, 1988 (53 FR 24018) and adopted, it was assumed that the majority of nuclear power reactor licensees would decommission at I
the end of the operating license. Since that time a number of licensees have shut down prematurely without having submitted a ,
decommissioning plan. In addition, these licensees have requested exemptions from operating requirements to address their status of 1 no longer having fuel present in the reactor. Each of these cases has been handled individually without clearly defined generic requirements.
The Commission is proposing to amend the decommissioning regulations in 10 CFR parts 2, 50, and 51 to clarify ambiguities in the current regulations, and to codify procedures and terminology 4
that have been used in a number of specific cases. The Commission believes that the proposed amendments would enhance efficiency and uniformity in the decommissioning process for nuclear power reactors. The proposed amendments would allow for greater public participation in the decommissioning process and furnish the licensed community and the public a better understanding of the process as the operating personnel at a nuclear power reactor facility undergo the transition from an operating organization to a decommissioning organization. In particular, this rulemaking would address the process which begins with a licensee's decision to permanently cease operations at the facility and concludes with the Commission's approval of licensee termination.
The conceptual approach the Commission has chosen divides the decommissioning activities into phases I, II, and III. Phase I deals with those licensing activities that the licensee undertakes prior to placing the power reactor in a storage mode. Phase II j deals with licensee activities during the storage period, and Phase III deals with the activities the licensee undertakes to terminate 1 the license.
The implementation aspects of this approach comprise the following. At the initiation of Phase I, certifications would be provided to the NRC that the licensee has permanently ceased .
1 operation and permanently removed all fuel from the reactor vessel.
At this time, the licensee, through rule codification, would no longer be permitted to operate the reactor. The proposed rule l
would also change many Part 50 rule requirements that would be l
l t s l
unnecessary or require modification during the decommissioning process. The licecaing fee would also be substantially reduced because the license would no longer meet the requirements for an operating license as specified in Section 171.5.
No major decommissioning activities, as defined in Section 50.2, would be allowed initially, although limited licensee decommissioning trust funds would be made available for planning purposes and early activities. The remaining decommissioning funds would be made available with receipt of the licensee's detailed decommissioning cost estimate. Prior to undertaking major decommissioning activities, the licensee would be required to provide the NRC with a post shutdown decommissioning activities report (PSDAR) that provides a schedule of planned decommissioning activities, an estimate of the decommissioning costs expected to be incurred, and a discussion of environmental impacts. The NRC would then inform the public of the licensee's intent to decommission and solicit public comment on the proposed activities and would hold a public meeting in the vicinity of the site to describe the planned activities abd receive additional public comments. After a short period of time for the NRC to respond to public comments, the licensee would be permitted to begin major decommissioning (i.e.,
dismantlement) activities. The licensee would be permitted to conduct major decommissioning activities only af ter they conducted a review of the planned activities as described in Section 50.59, suitably modified for use during the decommissioning process.
After a period of storage (Phase II), Phase III would be initiated 6
a when the licensee's application to terminate the license and license termination plan were received by the NRC. At this time, a supplemental environmental report would also be required if there was the possibility of significant environmental impacts not previously covered in other reports. The Commission would notice receipt of this information and provide opportunity for a Subpart L hearing on the license termination plan, provided spent fuel had been removed from the reactor (Part 50 license) site. After resolution of comments, the Commission would issue a termination of license order permitting the licensee to implement the license termination plan. Once this order had been enacted by the licensee i in and the Commission had determined that the licensee was compliance with the order then, as in the existing rule, the Commission would terminate the license.
There are two aspects of these proposed regulatory changes that can affect both power and non-power reactor facilities, and are addressed in the rulemaking for purposes of clarification. The first entai'Is that environmental requirements for conditional release situhitions be explicitly considered (in 10 CFR 51) based on the proposed decommissioning residual radioactivity criteria rule (59 FR 43200; August 22, 1994). The second clarifies that a license that has expired is not terminated until the Commission terminates it, and further clarifies what conditions prevail under such circumstances.
On August 22, 1994, the NRC published for comment a proposed rule on radiological criteria for decommissioning (59 FR 43200) .
7
e Section 20.1406(b) of the proposed rule would require that a Site Specific Advisory Board (SSAB) be convened in cases where a licensee proposes to request restricted release ~of the site. On December 6-8, 1994, a workshop on this issue was held in Washington, DC. The objective of the workshop was to conduct an informed discussion among affected interests on the implementation of the SSAB requirement. The results of any comments received and incorporated into the final radiological criteria rule for decommissioning that would affect the rule being currently proposed, will be addressed in the finalization of this rulemaking.
i II. Existing Regulatory Framework and Need for the Amendments The Commission has examined the present regulatory framework for decommissioning, largely contained within 10 CFR 50.82, with additional requirements in 10 CFR 50.75, 51.53, and 51.95, as well as the 10 CFR 50 technical requirements, to ascertain the appropriate. regulatory path to take that would ameliorate current licensing concerns withou"; compromising health and safety. ]
The ::urrent rule requires a licensee to submit a preliminary decommissioning plan 5 years prior to permanent cessation of j
operation, with a sit.e-specific cost estimate and adjustment of financial assurance funds, and a detailed decommissioning plan to j the NRC within two years after permanent cessation of operation.
At that time, a supplemental environmental report must also be submitted to the NRC describing any substantive environmental 8
i
impacts that are anticipated, but not already covered in other environmental impacts documents. The decommissioning plan contains a site-specific cost estimate with decommissioning funds adjusted in an external trust to make up for any shortfall. Currently, prior to approval of the decommissioning plan by the Commission, no decommissioning trust funds can be used. Finally, aside from the licensee voluntarily informing the public about decommissioning activities, very limited public input or participation is formally required in the current rules.
The proposed rule would preserve the substantive elements of the current regulations, provide for greater public participation in the decommissioning process, and allow the licensee more latitude in completing the necessary decommissioning activities provided certain constraint.s are met. The proposed rule should make the enactment of the decommissioning process more amenable to 1
current licensing needs and improve the process in the areas of understandability, ef ficiency, and uniformity. Af ter the licensee permanently : ceases operation and removes fuel from the reactor 1 vessel (initiation of Phase I of the decommissioning process), the Commission believes that, just as in the current rules, the licensee should be permitted to perform minor maintenance activities through the use of the Part 50.59 process. Once the NRC has received the licensee's certifications of permanent cessation of operation and permanent removal of fuel from the reactor vessel. Section 50.82(a) of the proposed rule would prohibit the licensee from operating the power reactor facility.
9 I
i
'This woula entitle.the licensee to a licensing fee reduction since
' they would' no longer have an. " operating license" as defined in
~
Section 171.5.
At an early time during the Phase I process, Section 50.82 (a) would require that within two years af ter the licensee provides the NRC with certifications of permanent cessation of operation and fuel removal from the reactor vessel, a post shutdown l
decommissioning activities report (PSDAR) would be submitted to the NRC. The report would include a description of the licensee's planned decommissioning activities along with a schedule for their accomplishment, a general description and estimate of expected costs, and a discussion as to whether the environmental impacts associated with site-specific decommissioning activities will be i bounded by the appropriate environmental impact statements. Upon receipt of the PSDAR, the NRC will notice receipt of the report, request public coment on the proposed activities, and will I
announce the location and time of a public meeting to be held in the vicinity-;of the reactor facility site to discuss the licensee's plans. Section 50.82 (a) further states that 90 days after the NRC receives the PSDAR, the licensee may begin to perfom major decommissioning activities, provided they meet the requirements .in i Section 50.59. This would generally occur 30 days after the public meeting. The provisions in Section 50.59 allow the licensee to make changes to the facility during operation without express NRC l approval provided these changes would not violate the conditions listed in Section 50.59, and the licensee prepares a written safety 10
evaluation which provides the basis for their determination that the planned changes meets the criteria specified in the regulation.
The NRC reviews these evaluations periodically to ensure that the
\
liceasee is complying with the regulation. To ensure that licensees adequately address the unique circumstances associated j with decommissioning activities, the Commission is proposing to f I
include additional criteria for the use of Section 50.59 during )
decommissioning (for both power and non-power reactors, although non-power reactor licensees cculd not perform decommissioning activities as defined in Section 50.2 until they had an approved decommissioning plan - as in the current rule). The Commission ]
proposes that in the use of the Part 50.59 process the licensee not violate the following criteria: (1) foreclose release of the site l
for possible unrestricted use, (2) significantly increase decommissioning costs, (3) cause any significant environmental impact not previously reviewed, or (4) violate the terms of the licensee's existing license. To undertake any activity that would not meet these criteria would require the licensee to submit a license amen'dment request, as is usually required under Section 50.59 (c) .
l The Commission also intends to codify their position embodied in the draft policy statement "Use of Decommissioning Trust Funds Before Decommissioning Plan Approval" (59 FR 5216; February 3, 1994) that the licensee should be allowed t, use decommissioning trust funds subject to certain criteria. The Commission recognizes the need for the licensee to provide adequate financial assurance 11 !
i .
l to complete decommissioning at any time during operation through to termination of license and is proposing criteria that keeps this in 1
mind, along with criteria that specify when and how much of these trust funds can be used. In accordance with the current rule, the Commission proposes to retain ,under Section 50.75(f), site-specific cost estimates 5 years prior to and within two years af ter the licensee's declaration of permanent cessation of operation; the latter being only an inflationary update estimate, if appropriate.
Once the NRC has received the licensees certifications of permanent cessation of operation and permanent removal of fuel from the reactor vessel, decommissioning trust funds could be used by the licensee provided the withdrawal of funds would not reduce the decommissioning trust fund 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. The proposed rule would . permit, under Section 50.82 (a) (7) , that 3% of the generic decotnmissioning cost amount, specified in Section 50.75, could be used by the licensee initially for planning and routine maintenance activities. Following the 90 day waiting period af ter the NRC has received the licensee's PSDAR, an additional 20% could be used to begin component dismantlement activities. Finally, the proposed rule would require site-specific cost analysis to be submitted to the NRC prior to the licensee being permitted to use any additional funding in excess of these amounts.
12 f
L L
After a possible period of storage (Phase II of the l decommissioning process), Section 50.82 (a) (8) of the proposed rule requires the licensee to complete decommissioning by submitting an application to terminate the license along with a license termination plan (initiation of Phase III of the decommissioning process). This process is similar to what is in the current rule requirements for a power reactor facility that has permanently ceased operation and decides to go into a storage mode. For this situation, the current rule allows a less detailed decommissioning plan initially, and the more detailed plan prior to the near term completion of decommissioning, since at that time more accurate planning can be accomplished. The elements of the termination plan should contain similar elements for consideration as the current rule would require and good practice dictate. In particular, the proposed rule would require that it contain a site characterization, a description of remaining dismantlement activities, plans for site remediation, detailed plans for the final radiation survey, a description of the end use of the site (if restricted), an updated site-specific analysis of remaining ,
decommissioning costs, and a supplement to the environmental as required by Section 51.53, describing any new report, information or significant environmental change associated with the l licensee's proposed decommissioning activities.
The NRC would notice receipt of the license termination plan as a license amendment and provide opportunity for a Subpart L j
hearing, as specified in Section 2.1201(a) (3) , provided the spent 12 ,
I i
fuel had oeen removed from the site. Othewise, there would be opportunity for a Subpart G hearing, as provided for in the current rules. Tne Subpart L hear! 3 is a fairly informal public hearing process, appropriate for the nature of a permanently shutdown facility where the spent fuel has been removed offsite.
Section 50.82 (a) (10) would specify that, after recolution of any comments, the Commission would issue an approval of a plan it considered satisfactory and the approved plan would, through codification, become part of the FSAR. As in the current rule, the Cor:nission would then issue an order permitting the licensee to execute the plan and, after this was accomplished and verified by the NRC, the Commission would tarminate the licenFe.
In order to clear up various ambiguities in the current and proposed rule, definitions of permanent cessation of operation, permanent removal of fuel from the reactor vessel, decommissioning f
s activity, and major radioactive components would be codified in Section 50.2. Since a licensee could choose to undertake various decommissioning activities at the reactor facility 90 days after the NRC receives the PSDAR, it is important to define what
" decommissioning activity" means. The definition chosen for the purpose of the proposed rule is consistent with the intent specified in the supplementary information to the current decommissioning rule and means, for a nuclear power reactor, any activity that results in permanent removal of major components, ;
l structure of the containment, or results in modifies the
- dismantling for shipment components containing greater than class )
14
1 C waste. This inclusion would not apply to components such as in- I core detectors, which contain greater than class C waste, but in an e
insignificant amount, Accordingly, " major radioactive components" would be defined for a nuclear power reactor to comprise the reactor vessel and internals, steam generators, pressurizers, .Large bore reactor coolant system piping, pumps, and valves.
Certification requirements for licensee permanent cessation of operation and permanent removal of fuel from the reactor vessel would be specified in Sections 50.4 (b) (8) and (9 ) . As stated earlier, the initiation of Phase I of the decommissioning process would occur once the NRC receives a formal declaration from the licensee that the licensee has permanently ceased operation and that all fuel has been removed from the reactor vessel. It is important that once a licensee has permanently ceased operation, fuel be removed from the reactor vessel and placed in a more stable configuration. The licensee would be required to state the date on which operations have or will be ceased in their certification of permanent cessation of operations. The licensee in their permanent removal of fbel from the reactor vessel certification would state the date on which the fuel was removed and it's disposition.
Because of the various case specific requests for exemptions from operating requirements from licensees to address their status of permanent shutdown and permanent removal of fuel from the reactor vessel, the Commission has undercaken an analysis to determine the applicability of certain 10 CFR 50 requirements. The results of a portion of that study are presented in Section III.
15
i This proposed rulemaking primarily addresses power reactor facilities because, unlike non-power reactor facilities, long delay can routinely occur (normally up to 60 years) between the time of l- permanent cessation of operation and license tennination. Such a
[-
I situation, especially under circumstances of premature closure, requires special regulatory consideration to deal with licensee decommissioning activities in a timely, efficient, and uniform
,. manner. However, there are two aspects of these proposed regulatory changes that can af fect both power and non-power reactor facilities, and are addressed in the proposed rule for purposes of clarification. The first involves environmental requirements for conditional release situations as discussed in the proposed decommissioning residual radioactivity criteria rule (59 FR 43200; August, 22, 1994) be explicitly considered, under proposed Section 51.53(b) (and correspondingly, under propo=>ed Section 51.95 for NRC staff requirements), during the licensee's request for decommissioning or license plan approval. The second clarifies that a license that has expired is not terminated, under proposed Section 50. 5h (b) , until the Commission notifies the licensee in writing that the license is terminated. The proposed requirement further states that during any period of continued effectiveness ,
beyond the licensee's stated expiration date, the licensee is prohibited from operating the production or utilization facility and must limit activities to actions necessary to decommission and decontaminate the facility, or actions necessary to maintain the facility, including the storage, control and maintenance of the 16
spent fuel, in a safe condition, and conduct activities in
.accordance with all other restrictions applicable to the facility in accordance with NRC regulations and provisions of the specific part 50 license for the facility. Even though it has been stated that for non-power reactors there should be no expected delay in completing decommissioning through to license termination, there may be unforeseen circumstances where this is not possible.
Therefore, this clarification would also pertain to non-power reactor licensees.
III. Clarification of applicability of 10 CFR Part 50 ' to permanently shut down and decommissioning nuclear power p3 ants Once a decision has been made to permanently cease operation of a nuclear power reactor, then the proposed rule requires that the licensee must notify the NRC, through certification, that the nuclear power reactor has ceased operation and that fuel has been permanently:. removed from the reactor vessel. .Then, through codificatioE, the Commission removes the licensee's authority to-operate the reactor or to maintain or place fuel in the reactor 1 vessel, as specified in proposed Section 50.82 (a). This licensee possession status then provides a basis to remove regulatory ]
requirements that are no longer necessary to protect the public j I
health and safety.
Licensees have historically pursued relief from these i
requirements by means of obtaining license amendments and 17 j
exemptions. This process has placed jnificant resource burdens upon both licensees and the Commission. Af ter a nuclear power reactor is permanently shut down and awaiting or undergoing decommissioning, certain regulations, which are based on full power operation, are no longer applicable. Other regulations may have limited applicability but require modification to appropriately address the concerns associated with the permanently shut down condition. The Commission proposes to amend a number of the regulations contained in 10 CFR part 50 to clarify their applicability to permanently shut down nuclear power reactors.
The following provides a discussion of numerous technical l requirements which have been determined to have limited or no applicability, and require clarification or modification of their applicability to permanently shut down nuclear power reactors. In all the examples below, the Commission is proposing to amend each specific regulation to clarify its applicability, nonapplicabiliev, or limited applicability to permanently shut down nuclear power reactors.
A. Technical Specifications The requirements for technical specifications are found in 10 CFR 50.36. The applicability of 10 CFR 50.36 to the operational phase of a nuclear power reactor is clear'y understcod, However,
.Se existing regulation has caused uncertainty as to its applicability to the permanently shut down and decommissioning 18
phase of a. nuclear power reactor. The Commission is proposing to amend 10 CFR 50.36 to clearly indicate that the controls, limits, and requirements estabshed by the technical specifications are a continuing part of the license in the permanently shut down and decommissioning phase of a nuclear power reactor, although the Commission recognizes that technical specifications pertinent to the operational phase will need to be revised and amended to reflect plant conditions and safety concerns associated with permanent cessation of operations and permanent removal of the fuel 4 k
I from the reactor vessel.
B. Technical Specifications for Effluents Effluent technical specifications are found in 10 CFR 50.36a and Appendix I. The applicability of 10 CFR 50.36a and Appendix I to the operational phase of a nuclear power plant is clearly understood. However, the existing regulation has caused uncertainty as to its applicability to the pennanently shut down and decommisIsioning phase of a nuclear power plant. The Commission l l
is proposing to amend 10 CFR 50.36a and Appendix I to clearly indicate that the controls, limits, and requirements for controlling radiological ef fluents are also required during the permanently shut down and decommissioning phase of a nuclear power !
i plant.
19 !
i C. Environmental Conditions Requirements associated with environmental conditions are found in 10 CFR 50.36b. The applicability of 10 CFR 50.36b to the operational phase of a nuclear power plant is clearly understood.
However, the existing regulation has caused uncertainty as to its applicability to the permanently shut down and decommissioning phase of a nuclear power plant. The Commission is proposing to amend 10 CFR 50.36b to clearly indicate that conditions to protect the environment may be made a part of the license and required i during the permanently shut down and decommissioning phase of a f
nuclear power plant.
4 D. Combustible Gas Control The combustible gas control requirements are found in 10 CFR 50.44. These requirements were instituted to improve hydrogen management in light water reactor (LWR) facilities and to provide specific design and other requirements to mitigate the consequences of accidents resulting in a degraded core. The requirements focus .
on the capability for measuring hydrogen concentration, ensuring a mixed atmosphere, and controlling combustible gas mixtures following a loss of coolant accident (LOCA). The concern for hydrogen generation during a LOCA does not exist with the permanently shut down power reactor. A nuclear power plant that has permanently ceased operation and permanently removed all of its 20
\
fuel outside of primary containment no longer presents challenges to the reactor pressure vessel and primary containment from accident-generated combustible gases, and such concerns are no longer an issue. Therefore, the Commission is proposing to amend the requirements in 10 CFR 50.44 to indicate its nonapplicability to this situation.
E. Emergency Core Cooling Systems (ECCS) Acceptance Criteria The acceptance criteria for ECCS for LWRs are found in 10 CFR 50.46 and in Appendix K. These regulations require that the ECCS be designed to limit post LOCA peak cladding temperature, clad oxidation, and hydrogen generation to specified values and provide for long term cooling. Without fuel in the vessel, ECCS systems l
are not required since a design basis LOCA could not occur.
Therefore, the Commission is proposing to amend 10 CFR 50.46 and Appendix K to indicate their nonapplicability to a nuclear power reactor facility that has permanently ceased operations and has permanently hemoved fuel prom the reactor vessel.
F. Fire Protection Section 50.48 does not address fire protection for power reactor facilities that have permanently ceased operation and permanently removed fuel from the reactor vessel. Clearly, there is a need for concern because the facility still remains 21
radioactively contaminated and may (and most likely will) maintain fuel at the f acil.ity. Thus Section 50.48 (f) has been added to the proposed amendments to require licensees that have permanently ceased operation and permanently removed fuel from the reactor vessel maintain a fire protection program.
G. Environmental Qualification (EQ)
The regulations for equipment qualification are found in 10 CFR ' 50.49. The regulation covers that portion of equipment important to safety commonly referred to as " safety related."
Safety related structures, systems, and components (SSCs) are those that are relied upon to remain functional during and following design basis events to ensure (i) the integrity of the reactor coolant pressure boundary, (ii) the capability to shut down the reactor and maintain it in a safe condition, and (ifi) the capability to prevent or mitigate the consequences of accidents that could result in potential offsite exposures comparable to the guidelines o'f 10 CFR part 100. Design basis events are defined as normal operation of the reactor, including conditions of occurrences; design basis accidents; ,
anticipated operational 4 external events; and natural phenomena for which the plant must be designed to ensure the functions (i) through (iii) above.
The EQ rule is clearly limited to electrical equipment that must function during design basis events. In response to comments I on the final rule, (48 FR 2729, January 21, 1983), the Commission 22 j
1 9
O noted that the EQ rule does not cover the electric equipment located in a mild environment. With permanent cessation of operations and permanent removal of fuel from the reactor vessel, the harsh environment associated with LOCA accidents can no longer occur. Therefore, the Commission is proposing to amend 10 CFR 50.49 to indicate its nonapplicability to a nuclear power reactor facility licensed under these conditions.
H. Containment Leakage Testing In 10 CFR 50.54, paragraph (o) requires that primary containments for water cooled reactors shall be subject to the requirements of 10 CFR Part 50, Appendix J. This appendix requires periodic testing to verify the leak-tight integrity of the primary containment and those systems and components that penetrate the containment. The primary containment of an operating reactor is l
one of several fission product barriers designed to protect the public health and safety in the event of a design basis accident such as a LO'CA. Once a nuclear power reactor permanently ceases i
operation, the fuel is removed from the reactor vessel in the containment and placed in the spent fuel pool or an independent spent fuel storage installation (ISFSI). After the fuel has been removed from the containment, the LOCA can no longer occur.
Leakage testing of the containment is no longer necessary.
Therefore, the Commission is proposing to amend 10 CFR 50.54 (o) tc indicate its nonapplicability to a nuclear power reactor facility 23
I that has permanently ceased operations and has permanently removed fuel from the reactor vessel.
I I. Emergency Actions In 10 CFR 50.54 (x) a licensee is allowed to take reasonable actions that may depart from a license condition or technical specification in an emergency. This is permitted when action is immediately needed to protect the public health and safety and no actions consistent with license conditions and technical specifications that can provide adequate or equivalent protection are immediately apparent. In accordance with 10 CFR 50. 54 (y) ,
i emergency actions specified in 10 CFR 50.54 (x) at a nuclear power reactor that has submitted the certifications in 5 70.82(2)(1) I shall be approved by a licensed senior operator, or, a certified fuel handler prior to taking the action.
These regulations serve to ensure that emergency action l
decisions necessary to protect the public health and safety are made by an Individual who has both the requisite knowledge and plant experience. The licensed senior operator at an operating nuclear power reactor has the r'riuisite knowledge and experience to evaluate plant conditions and make these judgments.
l The Commission is proposing to amend 10 CFR 50.54 (y) to permit a certified fuel handler at nuclear power reactors that have permanently ceased operations and permanently removed fuel from the reactor vessel to make these evaluations and judgments. A nuclear 24
power reactor that has permanently ceased operations no longer has fuel in the reactor vessel.nor requires a licensed individual to monitor core conditions. A certified fuel handler at a permrsnently shutdown or decommissioning nuclear power reactor is an indvidual who has the requisite knowledge and experience to evalua te plant conditions and make these judgements.
J. Fracture Prevention Measures The regulations in 10 CFR 50.60, 50.61, and Appendices G and H specify the requiremente for fracture toughness and material f surveillance programs for the reactor coolant pressure boundary of LWRs. The intent of these regulations is to maintain reactor ,
coolant pressure boundary integrity by assuring adequate margins of safety during any condition of normal operation, including i
i anticipated abnormal operational occurrences.
Once a nuclear power reactor permanently ceases operation, the fuel is removed f rom the reactor vessel in the containment and placed in the spent fuel pool or an ISFSI. After the fuel has been I.
removed from the containment, accidents and transients which af fect the integrity of the reactor coolant pressure boundaqr can no l longer occur. The measures required by these regulations are no longer necessary. Therefore, the Commission is proposing to amend 10 CFR 50.60, 50.61, and Appendices G and H to indicate their nonapplicability to a nuclear power reactor facility that has i 25 I
o L:.
?
permanently ceased operations and has permanently removed fuel from the reactor vessel.
K. Anticipated Transient Without Scram.(ATWS) Requirements I.
( The. purpose of 10 CFR 50.62 is to require improvements in the l design and' operation of LWRs to reduce the likelihood of reactor l
protection system (RPS) failure following anticipated operational occurrences. This regulation also requires improvements in' the capability to mitigate the consequences.of_an ATWS, event.
Although the ATWS event can.be a significant contributor-to i operating plant risk, it is not relevant to nuclear power plants that have permanently ceased operations since fuel has been removed from the reactor and the.RPS is no longer used. Therefore, the Commission is proposing to amend 10 CFR 50.62 to indicate its nonapplicability to a nuclear power reactor facility that has permanently ceased operations and permanently removed fuel from' the reactor vessel.
L. Monitoring the Effectiveness of Maintenance The applicability of 10 CFR 50.65 to the operational phase of a nuclear power plant'is well understood. However, to eliminate l
any uncertainty as to its applicability to the permanently shut-l l
down and decommissioning phase of a nuclear power plant, the l:- Commission is proposs.g to amend l'O CFR 50.65 to clearly indicate 26
that the controls, limits, and requirements for monitoring the effectiveness of maintenance is required during the permanently shut down and decommissioning phase of a nuclear power plant facility that has permanently ceased operations and has permanently removed fuel from the reactor vessel.
M. Maintenance of Records and the Making of Reports The requirements for licensees to periodically update the Final Safety Analysis Report (FSAR) are contained in 10 CFR 50.71.
The regulation requires that " persons licensed to operate a nuclear power reactor" update the f acility FSAR annually or af ter each refueling outage with intervals not to exceed 24 months. In order I
to ensure that applicable sections of facility FSARs continue to be updated, the Commission is proposing to amend this regulation to make it applicable to licensees that have permanently ceased operation and permanently removed fuel from the reactor vessel, pursuant to Section 50.82 (a) (1) .
l IV. Criminal Penalties Provisions ,
The existing provisions of 10 CFR 50.82 are treated as nonsubstantive and are not subject to criminal enforcement. Under the Commission's proposed amendments to 10 CFR 50.82, licensees would be required to take certain actions which the Commission believes are essential in initiating the decommissioning process; 27 (1
L
e.g. , certifying to permanent cessation of operations and permanent removal of fuel from the reactor vessel, and submitting a PSDAR.
Thus, the Commission believes that the amended provisions of 10 CFR 50.82 should be considered as substantive and issued under the SS 161b, 161 '. , or 161o of the Atomic Energy Act of 1954, as amended.
Accordingly, the Commission is proposing to amend 10 CFR 50.111(b) to remove the exemption for S 50.82 from the criminal penalty provisions.
Finding of No Significant Environmental Impact Availability The Commission has determined that under the National 1 l
Environmental Policy Act of 1969, as amended, and the Commission's regulatioris in Subpart A of 10 CFR part 51, that this rule, if ]
adopted, would not be a major Federal action significantly I affecting the quality of the human environment and therefore an environmental impact statement is not required. The proposed rule j
would clarify current dec'mmissioning requirements for nuclear power reacto'rs in 10 CFR part 50, and set forth a more efficient, uniform, and understandable process. The Commission has already analyzed the major environmental impacts associated with decommissioning in the Generic Environmental Impact Statement (GEIS), NUREG-0586, August 1988 published in conjunction with the Commission's final decommissioning rule (53 FR 24018, June 27, j 1988). The environmental assessment and finding of no significant impact on which this determination is based are available for i 28 i
i
l l
l inspection and photocopying for a fee at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC.
Paperwork Reduction Act Statement This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.) This rule has been submitted to the Office of Management and Budget for review and approval of the information collection requirements.
The public reporting burden for this collection of inforration is estimated to average (number will be sucolied before oublication in the Federal Reaister) hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, l including suggestions for reducing this burden, to the Information and Records' Management Branch (T-6 F33) , U.S. Nuclear Regulatory Commission, Washington, DC 20555, and to the Desk Officer, Office j of Information and Regulatory Affairs, NEOB-3019, (3150-0011),
Office of Management and Budget, Washington, DC 20503.
I l
29
I .
?
i Regulatory Analysis The NRC has prepared a draf t regulatory analysis on this proposed regulation. The analysis qualitatively examines the costs and bonefits of the alternatives considered by the NRC. The draft regulatory analysis is available for inspection in the NRC Public Document Room, 2120 L Street NW. (Lower Level) , Washington, DC 20555. Single copies of the analysis may be obtained from Dr. Carl Feldman, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-6194.
The Commission requests public comment on the draf t regulatory analysis. Comments on the draft analysis may be submitted to the ,
NRC as indicated under the ADDRESSES heading.
Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 605 (b) ) , the Commission certifies that this rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. The proposed rule would impose requirements for timely decommissioning of nuclear power plants. l
\
l The companies that own these plants do not fall within the scope of ;
the definition of small entities as given in the Regulatory l l
30 l
Flexibility Act or. the Small Business Size Standards promulgated in regulations issued by the Small Business Administration (13 U.S.C.~
Part 121).
Backfit Analysis The Commission is proposing not to apply the backfit rule, 10 CFR 50.109, to these proposed amendments, and therefore, a backfit analysis has not been prepared for this rule. The focus of the backfit provision in 10 CFR 50.109 is on operating reactors, and these proposed amendments would only apply to reactors which have permanently ceased operations.
List of Subjects 10 CFR Part 2 Administrative practice, and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalty, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal.
1 Antitrust, Classified information, Criminal penalties, Fire protection, Incorporation by reference, Intergovernmental 31
l relations, Nuclear power plants and reactors, Radiation protection, l
! Reactor siting criteria, Reporting and recordkeeping requirements.
l 10 CFR Part 51 l
Administrative practice and procedure, Environmental impact l statement, Nuclear materials, Nuclear power plants and reactors, Reporting and recodkeeping requirements.
I l
l For reasons set out in the preamble and under the authority of
- the Atomic Energy Act of 1954, as amended, the Energy l
Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC j is proposing to adopt the following amendments to 10 CFR Parts 2, i
50, and 51.
l l
l 32 1
PART 2- RULES OF PRACTICE FOR LOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS
- 1. The authority citation for part 2 continues to read as follows:
Authority: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S .C. 2201, 2231); sec. 191, as amended, Sub. L.87-615, 76 Stat. 40." (42 U.S.C. 2241) ; sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552.
Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec . 114 (f ) ,
Pub. L.97-425 96 Stat. 2213, as amended (42 U.S.C.10134 (f)) ; sec. -102, Pub. L.91-190, 83 Stat 853, as amended (42 U.S.C. 4332) ; sec. 301, 8e Stat. 1248 (42 U.S.C. 5871) . Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239) . Sections 2.200-2.206 also issued under secs. 161n, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2236, 2282) ; sec. 206, 88 Stat. 1246 (42 U.S.C. 5846). Sections 2.600-2.606 also issued under sec.102, Pub. L.91-190, 83 Stat. 853, as amended (42 U.S.C.
4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554.
Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557.
Section 2.764 and Table 1A of Appendix C also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under sec.103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C 553 and sec. 29, Pub. L.85-256, 71 Stat. 579, as amended (42 U.S.C. 2039) . Subpart K also issued under sec.189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L.97-425, 96 Stat.
2230 (42 U.S.C. 10154). Subpart L also issued under sec. 189, 68 Stat. 955 (4? U.S.C. 2239) . Appendix A also issued under sec. 6, Pub. L.91-560, 84 Stat. 1473 (42 U.S.C. 2135).
- 2. In S 2.1201, paragraph (a) (3) is added:
S 2.1201 Scoce of subcart.
(a) * *
(3) Amendment of a Part 50 license follcwing permanent removal of fuel from the site for licensees that have previously made declarations related to permanent cessation of operations and permanent removal of fuel from the reactor in accordance with S 50.82 (a) (1) .
1 f
PART 50- 001ESTIC LICEllSIH8 0F PRODUCTION AIS UTILIZATI0li FACILITIES
- 1. The authority citation for part 50 continues to read as follows:
Authority: Secs. 102,103,104,105,161,182,183,186,189, 68 Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282);
secs. 201, as amor,ded, 202, 206, 88 Stat.1242, as amended, 1244,1246 (42 U.S.C.
5841,5842,5846).
Section 50.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 as at ended by Pub. L. 102-486, sec. 2902,106 Stat. 3123, (42 U.S.C. 5851). Section 50.1" = M : issued under secs. 101, 185, 68 Stat. 936, 955, asamended(42U.S.C.
2131, 2235); sec. 102 Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), and 50.103 also issued under sec.108, 68 Stat. 939, as amended
- (42 U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and Appendix Q also issued under sec. 102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat.1245 (42 U.S.C. 5844).
Sections 50.58, 50.91, and 50.92 also issued under Pub. L.97-415, 96 Stat. 2073 Section 50.78 also issuad under sec.122, 68 Stat. 939 (42 (42 U.S.C. 2239).
U.S.C. 2152). Sections 50.80-50.81 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued under sec.187, 68 Stat. 955 (42 U.S.C. 2237).
- 2. In i 50.2, the terms "Deconsiissioning activity," " Major radioactive components," " Permanent cessation of operations," and " permanent fuel removal" are added to read as follows:
1 50.2 Definitions.
Decommissioning activity means, for a nuclear power reactor, any activity that results in, permanent removal of major components, modifies thr, structure of the containment, or results in dismantling for shipment components containing greater than class C waste.
Major radioactive components means, for a nuclear power reactor, the reactor vessel and internals, steam generators, pressurizers, large bore reactor coolant system piping, pumps, and valves.
Permanent cessation of operations means, for a nuclear power reactor, a certification by a licensee to the NRC that it has permanently ceased or will permanently cease reactor operation.
2
Permanent fuel removal means, for a nuclear power reactor, a certification by the licensee to the NRC that it has permanently removed all fuel from the reactor vessel.
- 3. In i 50.4,. paragraphs (b)(8) and (b)(9) are added to read as follows:
i 50.4 Written Communications.
(b)
(8) Certification of Permanent Cessation of Operations. The licensee's certification of permanent cessation of operations, pursuant to i 50.82(a)(1),
must state the date on which operations have or will be ceased, and must be submitted as follows:
(i) the signed and rotarized original and one copy to the Nuclear Regulatory Commission, Document Control Desk, Washington, DC 20555, (ii) one copy to the appropriate Regional Office, and j
(iii) one copy to the appropriate NRC Resident Inspector if one has been assigned to the site or the facility.
(9) Certification of Permanent Fuel Removal. The licensee's certification of permanent fuel removal, pursuant to i 50.82(a)(1), must state the date on which the fuel was removed from the reactor vessel and the disposition of the fuel, and must be submitted as follows:
(i) the signed and notarized original and one copy to the Nuclear Regulatory Commission, Document Control Desk, Washington, DC 20555, (ii) one copy to the appropriate Regional Office, and (iii) one copy to the appropriate NRC Resident Inspector if one has been assigned to the site or the facility.
1
+,
l
- 4. In i 50.3'6, new paragraphs (c)(6) and (e) are added, and paragraphs (c)(6) and (c)(7)_are redesignated as (c)(7) and (c)(8) to read as follows:
i 50.36 Technical specifications.
(c) l Decommissioning. The following applies only to nuclear power )
(6) reactors that have submitted the certifications required by i 50.82(a)(1). l Technical specifications involving safety limits, limiting safety system settings, and limiting control system settings; limiting conditions for I
operation; surveillance requirements; design features; and administrative controls will be developed on a case-by-case basis.
3 l
(e) The provisions of this.section shall apply to each nuclear power reactor licensee whose authority to operate the- reactor has been removed by license amendment, order, or regulation.
- 5. In i 50.36a, paragraphs (a) and (b) are revised to read as follows.
I 50.36a Technical soecifications on effluents from nuclear oower reactors.
(a) In order to keep releases of radioactive materials to unrestricted areas during normal conditions, including expected occurrences, as low as reasonably achievable, each licensee of a nuclear power reactor will include technical specifications that, in addition to requiring compliance with
. applicable provisions of i 20.1301 of this chapter, require:
1 (1) That operating procedures developed pursuant to 5 50.34a(c) for the control of effluents be established and followed and that equipment installed in the radioactive waste system, pursuant to i 50.34(a), be maintained and used. The licensee shall retain the operating procedures in effect as a reord until the Comission terminates the license and shall retain each superseded revision of the procedures for three years from the date it was superseded.
(2) Each licensee shall submit a report to the commission annually that specifies the quantity of each of the principal radionuclides released to unrestricted areas in liquid and in gaseous effluents during the previous 12 months, including any other information as may be required by the Commission to estimate maximum potential annual radiation doses to the public resulting from effluent releases. The report must be submitted as specified in i 50.4, and the I time between submission of the reports must be no longer than 12 months. If 1 quantities of radioactive materials released during .the reportings period are significantly above design objectives, the report must cover this specifically.
On the basis of, these reports and any additional information the Comission may obtain from the licensee or others, the Comission may require the licensee to take action as the Commission deems appropriate.
(b) In establishing and implementing the operating procedures described in paragraph (a) of this section, the licensee shall be guided by the following considerations: Experience with the design, construction, and operatica of the technical nuclear power reactors indicates that compliance with specifications described in this section will keep average annual releases of radioactive material in effluents and their resultant comitted effective dose equivalents at small percentages of the dose limits specified in i 20.1301 and in the license. At the same time, the licensee is permitted the flexibility of ;
operation, compatible with considerations of health and safety, to assure that the public is provided a dependable source of power even under unusual conditions which may temporarily result in releases higher than such small percentages, but still within the limits specified in i 20.1301 of this chapter 4
(.
and in the license. It is expected that in using this flexibility under unusual conditions, the licensee will exert its best efforts to keep levels of radioactive material in effluents as low as is reasonable achievable. The guides set out in appendix I provide numerical guidance on limiting conditions for operation for light-water cooled nuclear power reactors to meet the requirement that radioactive materials in effluents released to unrestricted areas be kept as low as is reasonable achievable.
- 6. In i 50.36b, the paragraph is revised to read as follows:
6 50.36b En_vironmental conditionA Each license authorizing operation or possession of a production or utilization facility which is of a type described in i 50.21(b)(2) or (3) or i 50.22 or is a testing facility may include conditions to protect the environment to be set out in an attachment to the license which is incorporated in and made a part of the license. These conditions will be derived from information contained in the environmental report and the supplement to the environmental report submitted pursuant to il 51.50 and 51.53 of tnis chapter as analyzed and evaluated in the NRC record of decision, and will identify the obligations of the licensee in the environmental area, including, as appropriate, requirements for reporting and keeping records of environmental data, and any conditions and monitoring requirement for the protection of the nonaquatic environment. ;
- 7. In i 50.44, paragraph (a) is revised to read as follows:
6 50.44 Standards for combustible cas control system in light-water-cooled power reactors.
(a) Each boiling or pressurized light-water nuclear power reactor fueled with oxide pellets within cylindrical zircaloy or ZIRL0 cladding, other than reactor facilities that have submitted the certifications required under i 50.82(a)(1), must, as provided in paragraphs-(b) through (d) of this section, include means for control of hydrogen gas that may be generated, following a postulated loss-of-coolant accident (LOCA) by---
- 8. In i 50.46, paragraph (a)(1)(i) is revised to read as follows: :
i 50.46 Acceptance criteria for emergency core cooline systems for light water nuclear power reactors.
(a)(1)(i) Each boiling or pressurized light-water nuclear power reactor fueled with uranium oxide pellets within cylindrical zircaloy or ZIRL0 cladding, other than reactor facilities that have submitted the certifications required under paragraph i 50.82(a)(1), must be provided with an emergency core cooling ,
i system (ECCS) that must be designed so that its calculated cooling performance following postulated loss-of-coolant accidents conforms to the criteria set forth 5
in paragraph-(b) of this section. ECCS cooling performance must be calculated in accordance with an acceptable evaluation model and must be calculated for a number of postulated loss-of-coolant accidents of different sizes, locations, and other properties sufficient to provide assurance that the most severe postulated loss-of-coolant accidents are calculated. Except as provided in paragraph (a)(1)(ii) of this section, the evaluation model must include sufficient supporting justification to show that the analytical technique realistically .
describes the behavior of the reactor system during a loss-of-coolant accident.
Comparisons to applicable experimental data must be made and uncertainties in the analysis method and inputs must be identified and assessed so that the ,
uncertainty in the calculated results can be estimated. This uncertainty must be accounted for, so that, when the calculated ECCS cooling performance is compared to the criteria set forth in paragraph (b) of this section, there is a high level of probability that the criteria would not be exceeded. Appendix K, part II Required Documentation, sets forth the documentation requirements for each evaluation model.
- 9. In i 50.48, paragraph (f) is added to read as follows:
i 50.48 Fire protection.
(f) Licensees that have submitted the certifications required under i 50.82(a)(1) shall maintain a' fire protection program to address the potential for fires which could cause the release or spread of radioactive materials (i.e., 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 do 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 l regular. basis and revised.. as _ appropriate throughout. the various stages of facility decoinnissioning.
(3) Theilicensee may make changes to the fire protection program without NRC approval only if these changes do not reduce the effectiveness of f're protection for systems and equirmnt which could result in a radiological haza.1, ,
taking into account the decosen: ( Uning plant conditions and activities. l
- 10. In i 50.49, paragraph (a) is revised to read as follows:
i 50.49 Environmental cualification of electric equipment important to safety for nuclear power plants.
(a) Each holder of or an applicant for a license for a nuclear power plant, other than reactor facilities that have submitted the certifications required under i 50.82(a)(1), shall establish a program for qualifying the electric equipment defined in paragraph (b) of this section. ,
6
d
- 11. In i 50.51, the title is changed, and paragraph (b) is added to read as follows:
5 50.51 Continuation of license.
(b) Each license will continue 'in effect beyond the expiration date, if necessary, with respect to possession of the production or utilization 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 date, the licensee is prohibited from operating the production or utilization facility and shall-(1) Limit activities to:
(i) actions necessary to decommission and decontaminate the facility; or (ii) actions necessary to maintain the facility, including the storage, control and maintenance of the spent fuel, in a safe condition, and (2) Shall conduct activities in accordance with all other restrictions applicable to the facility in accordance with the NRC regulations and the provisions of the specific Part 50 license for the facility.
- 12. In i 50.54, paragraphs (o) and (y) are revised to read as follows:
1 50.54 Conditions of licenses.
(o) Primary reactor containments for water cooled power reactors, other than reactor facilities that have submitted the certifications required under i 50.82(a)(1), shall be subject to the requirements set forth in appendix J to this part.
(y) Licensee action permitted by paragraph (x) of this section shall be i
approved, as a minimum, by a licensed senior operator, or, at a riuclear power reactor that has submitted the certifications required under i 50.82(a)(1), by either a licensed senior operator or a certified fuel handler, prior to taking the action.
- 13. In i 50.59, paragraphs (d), (e), and (f) are added to read as follows:
7
1 5 50.59 Changes, tests and experiments.
.(d) A. nuclear power reactor licensee which has submitted the certifications required under i 50.82(a)(1) may conduct activities with regard to the. facility, as described in paragraph (a) of this section, provided the changas could not: .
(1) foreclose the release of the site for possible unrestricted use, or (2) significantly increase decoemissioning costs, or (3) cause any significant environmental impact not previously reviewed, or (4) violate the terms of th'e licensee's existing license.-
(e) All the provisions of this section shall apply to each nuclear powar reactor licensee that has submitted the certifications required uncer i50.82(a)(1).
(f) The provisions of paragraphs (a) through (d) shall apply to aach non-power reactor licensee whose license no longer authorizes operation of .the reactor. -
j
- 14. In i 50.60, paragraph (a) is revised to read as follows:
i 50.60 Acceptance criteria for fracture prevention measures for licht-water nuclear et=ar reactors for normal operation.
(a) Except as provided in paragraph (b) of this section, all light water nuclear power reactors, other than reactor facilities that have submitted the certifications required under i 50.82(a)(1), must meet the fracture toughness and material surveillance program requirements for' the reactor coolant pressure boundary set forth in Appendices G and H to this part.
, e * >
- l
- 15. In i 50.61, paragraph-(b)(1);is revised to read as,follows:
5 50.61 Fracture touchness requirements for protection against pressurized thermal shock events.
- l f l (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 j certifications required under i 50.82(a)(1), the licensee shall submit projected values of RT for reactor vessel beltline materials by giving values for the timeofsube!nttal, 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 The projection, including the assumptions regarding core loading patterns. :
8
submittal must list the copper ar.d 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 RTm 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 L renewal term if a request for license renewal has been submitted, this assessment must be submitted by December 16, 1991. Otherwise, this assessment must be submitted with the next update of the pressure-temperature limits, or the next reactor vessel material surveillance l- report, or 5 years from the effective date of this rule, whichever comes first.
These submittals must be updated whenever there is a significant change in l projected values of RTm, sr upon a request for a change in the expiration date for operation of the facility.
- 16. In i 50.62, paragraph (a) is revised to read as follows:
l i 50.62 Requirements for reduction of risk from anticipated transients
! without scram (ATWS) events for licht water-cooled nuclear power plants.
l (a) Applicability. The requirements of this section apply to all comercial l light-water-cooled nuclear power plants, other than reactor facilities that have submitted the certifications required under 5 50.82(a)(1).
- 17. In 5 50.65, paragraph (a)(1) is revised to read as follows:
E 50.65 Requirements for monitoring the effectiveness of maintenince at nuclear power plants.
(a)(1) Each holder of a license to possess or operate a nuclear power plant under il 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, systems, and components, as defined in paragraph (b), are capable of fulfilling their intended functions. Such goals shall be established commensurate with safety l
and, where practical, take into account industry-wide operating experience. When the performance or condition of a structure, system, or component does not meet l
established goals, appropriate corrective action shall be taken.
The requirements of this section shall also apply to each nuclear power plant that has submitted the certifications specified in 5 50.82(a)(1). This section shall apply to the extent of all systems associated with the storage, control, and mainte.nce of spent fuel in a safe condition.
9
- 18. . In i 50.71, paragraph (f) is added to read as follows:
(f) The provisions of this section shall apply to nuclear power reactor licensees that have submitted the certifications required under i 50.82(a)(1).
- 19. In 550.75, paragraph (f) is revised to read as follows:
- e * *
(f)(1) Each power reactor licensee shall at or about 5 years prior to the projected end of operation submit a preliminary decommissioning cost estimate which includes an up-to-date assessment of the major technical factors that could affect cost estimating for decommissioning.
(f)(2) Each non-power reactor licensee shall at or about 5 years prior to the projected end of operation submit a preliminary decommissioning plan containing a cost est'et* for decommissioning and an up-to-date assessment of the major technical i' actors that could affect planning for decommissioning.
Factors to be cosmidcred in submitting this information include-(1) The decommissioning alternative anticipated to be used. The requireme.its of I 50.82(b)(4) must be considered at this time.
(11) Major technical actions necessary to carry out decommissioning safely; (iii) The current situation with regard to disposal of high-level and low-level radioactive waste:
(iv) Residual. radioactivity criteria; (v) Other site specific factors which could affect decommissioning planning and cost.
(f)(3) If necessary, the cost estimate submittal shall also include plans for adjusting levels of funds' assured for decommissioning to demonstrate that a reasonable level of assurance will be provided that funds will be available when needed-to cover'the cost-of. decommissioning.-
- 20. In 5 50.82, the title is modified, paragraphs (a), (b), and (c) are revised, paragraphs (d), (e), and (f) are deleted to read as follows:
i 50.82 Termination of license.
(a) For power reactor licensees-- .
(1)(i) When a nuclear power reactor licensee has determined to permanently 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 i 50.4(b)(8) and; (ii) Once fuel has been permanently removed from the reactor vessel, 10
submit a written certification to the NRC, consistent with the requirements of 5 50.4(b)(g).
(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 or emplacement of fuel into the reactor vessel.
(3) Decommissioning will be completed within 60 years of permanent cessation of operation. Consideration 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 :ther nuclear facilities at the site.
(4)(1) Prior to or within two years following permanent cossation of operations, the licensee of a ptJear power reactor shall submit a post shutdown decommissioning activities report (PSOAR) which shall include a description of the planned decommissioning activities along with a schedule for their accomplishment, a general description and estimate of expected costs, and a discussion as to whether the en.ironamntal impacts associated with site-specific decommissioning activities will be bounded by appropriate environmental impact statements.
(11) The NRC shall notice receirt of the PSDAR and solicit public comment.
The NRC shall also schedule a public meeting in the vici11ty of the licensee's facility upon receipt of the PSOAR. The NRC shall putelish 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.
(5) For a power reactor licensee, 5 50.5g may not be ased to perform decosmissioning activities, as defined in 5 50.2, until 90 days after the NRC has received the licensee's PSDAR submittal.
(6) In taking actions permitted under i 50.59 following submittal of the PSDAR, the licensee shall notify the NRC, in writing, hafore taking any. action inconsistent with, or making any significant schedule change from, those actions and sc%dules . described in the PSOAR. This includes actions where various decommissioning activities, as defined in 5 50.2, may have been delayed by first placing the facility in storage, where less decommissioning activity and planning would be required.
(7)(i) For power reactor licensees that have submitted the certifications required under 6 $0.82(a)(1), 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 i i
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 i 50.75 may be used. Commencing 90 days after the NRC has received the PSOAR, an additional 20% of this generic amount may be used. A site-specific decommissioning cost analysis must be 11
. i submitted to the NRC prior to the licensee being permitted to use any additional funding in excess of these amounts.
(ii) Within two years following permanent cessation of operation of a nuclear power reactor, if not already submitted, the licensee shall submit a site-specific decomissioning cost estimate.
(iii) For decommissioning activities that delay completion of j decomissioning by including a period of storage or surveillance, the licensee must provide a means for adjusting cost estimates and associated funding levels over the storage or surveillance period.
(8) For power reactor licensees that have submitted a certification in accordance with 5 50.82(a)(1), have permanently ceased operation, and permanently removed fuel from the reactor vessel, the application for license termination must be accompanied or preceded by a license termination plan to be submitted for NRC approval as a license amendment.
(1) The license termination plan shall be a supplement to the FSAR, and shall be submitted at least two years prior to the planned decommissioning completion date as specified in the PSDAR.
(ii) The proposed license termination plan for power reactors must incl ude-- *
(A) A site characterization; (B) A description of remaining dismantlement activities; (C) Plans for site remediation; (D) Detailed plans for the final radiation . survey; (E) A description of the end use of the site, if restricted;
( (F) An updated site-specific analysis of remaining decommissioning costs; (G) A supplement to the environmental report, pursuant to i 51.53, describing any new information or significant environmental change associated with the licensee's proposed termination activities.
(9) If the license termination plan demonstrates that the decommissioning will be performed in accordance with the regulations in this chapter and will not be inimical to the common defense and security or to the health and safety of the public, and after notice to interested persons, the Comission will approve the plan subject to such conditions and limitations as it deems appropriate and necessary and. issue an order -authorizing the license termination.- - ~
(10) The Commission will terminate the license if it determines that-(1) The decomissioning has been performed in accordance with the approved license termination plan and the order authorizing license termination; and (ii) The terminal radiation survey and associate documentation demonstrates that the facility and site are suitable for release.
(b) For non-power reactor licensees--
(1) A Licensee that permanently ceases operation must make application for license termination within two years following permanent cessation of operations, and in no case later than one year prior to expiration of the operating license.
Each application for termination of license must be accompanied, or preceded, by a proposed decommissioning plan. The contents of the decommiissioning plan are specified in paragraph 4 of this section.
(2) For decommissioning plans in which the major dismantlement activities are delayed by first placing the famility in storage, planning for these delayed activities may be less detailed. Updated detailed plans must be submitted and approved prior to the start of these activities.
(3) For decomissioning plans that delay completion of decommissioning by including a period of storage or surveillance, the licensee must provide that---
t 12
'W (i) funds needed to complete decommissioning be placed into an account segregated from the licensee's assets and outside the licensees administrative control during the storage or surveillance period, or a surety method or fund statement of intent be mintained in accordance with the criteria of 6 50.75(e),
and (ii) Means be included for adjusting cost estimates and associated funding levels over the storage or surveillance period.
(4) The proposed decommissioning plan for a non-power reactor facility must include -
(i) The choice of the alternative for decommissioning with a . description of activities involved. An alternative is acceptable if it provides frr completion of decommissioning without significant delay. Consideration will be given to an alternative which provides for delayed completion of decommissioning only when necessary to protect the public health 'and safety. Factors to be considered in evaluating an alternative which provides for delayed completion of decommissioning 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.
(ii) A description of the controls and limits on procedures and equipment to protect occupational and public siealth and safety; (iii) A description of the planned final radiation survey;-
(iv) An updated cost estimate for the chosen alternative for decommissioning, and plan for assuring the availability of adequate funds for completion of deconmissioning.
(v) A description of technical specifications, quality assurance provisions and physical security plan provisions in place during decommissioning.
(5) If the decommisrioning plan demonstrates that the decommissioning will be performed in accordance with the regulations in this chapter and will not be inimical to the common defense and security or to the health and safety of the public, and after notice to interested persons, the Commission will approve the plan subject to such conditions and limitations as it deems appropriate and necessary and issue an order authorizing the decommissioning.
(6) The Commission will terminate the license if it determines that-(i) The decommissioning has been performed in accordance with the approved decommissioning plan and the order authorizing decommissioning; and (ii) The terminal radiation survey and associated documentation demonstrates that the facility and site are suitable for release.
(c) For a facility which has permanently ceased operation before the expiration of its license, the collection 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 situation of each licensee.
- 21. In 5 50.111, paragraph (b) is revised to read as follows:
(b) The regulations in part 50 that are not issued under sections 161b, '
1611, or 161o for the purposes of section 223 are as follows: il 50.1, 50.2, 50.3, 50.4, 50.8, 50.11, 50.12, 50.13, 50.20, 50.21, 50.22, 50.23, 50.30, 50.31, 50.32, 50.33, 50.34a, 50.35, 50.36b, 50.37, 50.38, 50.39, 50.40, 50.41, 50.42, 13
e a
l 50.90, 50.43, 50.45, 50.50, 50.51, 50.52, 50.53, 50.56, 50.57, 50.58, 50.81, f 50.gl, 50.92, 50.100, 50.101, 50.102, 50.103, 50.109, 50.110, 50.111. 1 i
- 23. Appendix I of Part 50 is amended by revising Section (I), the introductory '
text of Section (IV), (IV)(C), Section (V)(B), and (V)(8)(2) to read as follows:
Appendix I - Numerical Guides for Desian Ob.iectives and Limitina Conditions of Goeration to Neet the Criterion "As Low As Is Reasonably Achievable" for Radioactive Material in Light-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 ofover the preliminary design of equipment to be installed to maintain control 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 limitina conditions for operation for lieht-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 operate a light-water-cooled nuclear power reactor or a licensee who has submitted certifications under i 50.82(a)(1) as guidance in developing technical specifications under i 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 monitoring programs show that the relationship between the quantities of radioactive material released in liquid and gaseous effluents and the dose to individuals in unrestricted areas is significantly different from that assumed in the calculations used to determine design objectives pursuant to Sections II and III, the Commission may modify the quantities in the technical specifications defining the limiting conditions in a license to operate a light-water-cooled nuclear power reactor or a license whose holder has submitted certifications under i 50.82(a)(1).
SEC. V.
- 8. For each lightwater-cooled nuclear power reactor constructed pursuant to a permit for which application was filed prior to January 2,1971, the holder of a permit or license authorizing operation of the reactor e a licensee who has 14 l
e t
C submitted the certifications under i 50.82(a)(1) shall, within a period of twelve months from June 4, 1975, file with the Commission:
- 2. Plans and proposed technical specifications developed for the purpose of keeping releases of radioactive materials to unrestricted areas during normal conditionr, including expected occurrences, as low as is reasonably achievable.
l PART 51- ENVIRGIONAL PROTECTICII REGUI.ATIONS FOR DOMESTIC LICENSING Als RELATED REGULATORY RAICTIGIIS
- 1. The authority citation for part 51 continues to read as follows:
Authority: Sec.161, 68 Stat. 948, as amended (42 U.S.C. 2201); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842).
Subpart A also issued under National Environmental Policy Act of 1969, secs. 102, 104, 105, 83 Stat. 853-854, as amended (42 U.S.C. 43*;2, 4334, 4335); and Pub. L.95-604, Title II, 92 Stat. 3033-3041; and sec.193, Pub. L.101-575,104 Stat. 2835 (42 U.S.C. 2243). Secolons 51.20, 51.30, 51.60, 51.61, 51.80, and 51.97 also issued under secs. 115, 141, Pub. L.97-425, 96 Stat. 2232, 2241, and sec. 148, Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168).
Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. ,
3036-3038 (42 U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, sec.121, )
96 Stat. 2228 (42 U.S.C. 10141). Sections 51.43, 51.67, and 51.109 also issued under Nuclear Waste Policy Act of 1982, sec. 114(f), 96 Stat. 2216, as amended (42 U.S.C. 10134(f). i SOURCE: 49 FR 9381, Mar. 12, 1984, unless otherwise noted.
- 2. In 5 51.53, paragraph (b) is revised to read as follows: ,
(b) Post 0poratina License Stage. Each applicant for a license amendment authorizing decommissioning activities at a production or utilization facility covered by 5 51.20, 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 . . .
- 3. In i 51.95, paragraph (b) is revised to read as follows:
(b) Post Operatina License Stage. In connection with the amendment of an operating licence authorizing decommiissioning activities at a production or utilization facility covered by 5 51.20, either for unrestricted use or based on continuing use, or with the issuance, amendment or renewal of a license to store spent fuel at a nuclear power reactor . . .
15
-o o
Dated at Rockville, Maryland, this day of 1995.
For the Nuclear Regulatory Commission.
John C. Hoyle, Acting Secretary of the Commission.
I i
l 1
16