ML20216F716
| ML20216F716 | |
| Person / Time | |
|---|---|
| Issue date: | 01/27/1995 |
| From: | Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Jordan E Committee To Review Generic Requirements |
| Shared Package | |
| ML20216F445 | List: |
| References | |
| FRN-60FR37374, RULE-PR-2, RULE-PR-50, RULE-PR-51 AE96-1-014, AE96-1-14, NUDOCS 9803190034 | |
| Download: ML20216F716 (50) | |
Text
Dk January 27, 1995 y
ag q 0-g MEMORANDUM T0:
Edward L.' Jordan, Chairman Committee to Review Generic Requirements FROM:
Eric S. Beckjord, Director
/s/ Eric S. Beckjord Office of Nuclear Regulatory Research
SUBJECT:
PROPOSED RULE TO AMEND 10 CFR PARTS 2, 50 AND 51 RELATED TO DECOMMISSIONING OF NUCLEAR POWER REACTORS
' A proposed Federal Register Notice for the subject rulemaking is attached to inform'the CRGR about our plans to forward this rulemaking to the EDO. This rulemaking. responds to a Staff Requirements Memorandum dated October 5,1994, that requested the staff to review'and rework the rule proposed in SECY 179. The Commission SRM included an approach suggested by Commissioner Rogers. The rule proposed by the staff basically adopts the approach-discussed by Commissioner Rogers in the SRM, and the staff briefed the Commissioners on the framework =for the proposed rule in November prior to proceeding with rule preparation. The Commission was in agreement with the framework provided by'the staff. This proposed rule would amend the decommissioning regulations in Parts i, 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.
We will, upon request, meet with the CRGR to discuss the details of this rulemaking.
Since we are under a tight schedule to provide a proposed rule to the Commission it may be more useful to discuss the rule with the Committee after the analysis of the public comments. We expect to provide this rulemaking to the EDO on February 17, 1995. Our current schedule includes target di.!es for publication of the proposed rule by the end of March 1995 and publicatioc 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 415-61952
Attachment:
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OFFICIAL RECORD COPY RES FILE CODE #
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l ATTACHMENT 2 Federal Register Notice
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[7590-01-P]
NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2, 50, and 51 RIN 3150-AE96 Decomissioning 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.
The " comment period expires- (90 days af ter publication in DATES:
the Federal Register).
Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date.
The Secretary of the Commission, ADDRESSES:
Submit comments to:
U.S.
Nuclear Regulatory Commission, Washington, DC 20555, i
Attention: Docketing and Service Branch.
Copies of comments
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t 2120 L f
received may be examined at the NRC Public Document Room,
)
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 i
Electronic Bulletin Board on FedWorld.
The bulletin board'may be 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 1
follows:
parity to none, data bits to 8,
and stop bits to 1 (N,8,1).
Use ANSI or VT-100 terminal emulation.
The NRC rulemaking subsystems can then be accessed by selecting the " Rules L
' Menu" option from the "NRC Main Menu."
For further information about options available for NRC at FedWorld consult the
" Help /Information Center" from the "NRC Main Menu."
Users will find the "FhdWorld Online User's Guides" particularly ' helpful.
Many NRC subsyt tems and databases also have a " Help /Information l
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: f edworld. gov (192.239.92. 3) ; File Transfer Protocol (FTP) via Internet: ftp.fedworld. gov (192.239.92.205); and World 2
1
T Wide Web using the "Home 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 Regulatory, Government train FedWorld menu by selecting "F
Administration and State Systems" or by entering the command "/go nrc" ac a FedWorld command line.
At the next menu select "A -
Regulatory Information Mall," and then select "A - U.S.
Nuclear Regulatory Commission" at the next menu.
If you access NRC from 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 l
i 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 (301) 415-5780; e-mail AXD3enrc. gov.
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, l
Office of Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission, Watalngton, DC 20555, telephone (301)-504-1169 or, Bradley W. Jones, Office of the General Counsel, U.S.
Nuclear 3
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f:
I d
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l Regulatory Commission, Washington, DC 20555, telephone (301) 504-1620.
SUPPLEMENTARY INFORMATION:
I.
Background.
Existing regulatory franawork and need for the amendments.
II.
Clarification of the applicability of 10 CFR Part 50 to III.
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 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 Each of these cases no longer having fuel present in the reactor.
has been handled individually without clearly defined generic requirements.
The Commission is proposing to amend the decommissioning regulations in 10 CPR parts 2, 50, and 51 to clarify ambiguities in the current regulations, and to codify procedures and terminology
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v The Commission that have been used in a number of specific cases.
believes that the proposed amendments would enhance efficiency and uniformity in the decommissioning process for nuclear power The proposed amendments would allow for greater public
- reactors, participation in the decommissioning process and furnish the the licensed community and the public a better understanding of 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 terminatian.
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 j
Ph*_3e II prior to placing the power reactor in a storage mode.
deals with licensee activities during the storage period, and Phase III deals with the activities the licensee undertakas to terminate 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 operation and permanently removed all fuel from the reactor vessel.
would no At this time, the licensee, through rule codification, reactor.
The proposed rule longer be permitted to operate the would also change many Part 50 rule requirements that would be 5
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unnecessary or require modification during the decommissioning The licensing fee would also be substantially reduced process.
because the license would no longer meet the requirements for an operating license as specified in Section 171.5.
No major decommAssioning 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 shutd ;wn decommissioning activities that provides a schedule of planned decommissioning report (PSDAR) activities, an estimate of the decommissioning costs expected to be incurred, and a discussion of environmental impacts. The NRC would 1
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then infom 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 I
activities ahd 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
I
v when the licensee's application to terminate the license and At this time, license termination plan were received by the NRC.
a supplemental environmental report would also be required if there was the possibility of significant environmental impacts not The Commission would notice previously covered in other reports.
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 Comission would issue a termination of license order permitting the licensee to implement the license Once this order had been enacted by the licensee termination plan.
and the Commission had detennined that the licensee was in 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 and can affect'both power and non-power reactor facilities, that The are addressed in the rulemaking for purposes of clarification.
first entaiIs that environmental requirements for conditional release situiittions 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 and further clarifies what conditions prevail under terminates it, such circumstances.
the NRC published for comment a proposed On August 22, 1994, rule on radiological criteria for decommissioning (59 FR 43200).
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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 re.tricted release of the site.
On s
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 i
of the SSAB requirement. The results of any coments received and incorporated into the final radiological criteria rule for decomissioning that would affect the rule being currently 1
proposed, will be addressed in the finalization of this rulemaking.
II.
Existing Regulatory Framework and Need for the Amendments The Comission has examined the present' regulatory framework with for decommissioning, largely contained within 10 CFR 50.82, 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 co'ncerns without compromising health and safety.
The current rule requires a licensee to submit a preliminary decommissioning plan 5 years prior. to permanent cessation of operation, with a site-specific cost estimate and adjustment of financial assurance funds, and a detailed decommissioning plan to 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
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impacts that are anticipated, but not already covered in other l
environmental impacts documents. The decommissioning plan contains a site-specific cost estimate with decommissioning funds adjusted i
in an external trust to make up for any shortfall.
Currently, prior to approval of the decommissioning plan by the Commission, no decormnissioning trust funds can be used.
Finally, aside from the licensee voluntarily informing the public about decommissioning I
activities, very limited public input or participation is formally required in the current rules.
The proposed rule would preserve the substantive elements of
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the current regulations, provide for greater public participation in the decommissioning process, and allow the licensee more J
latitude in completing the necessary decommissioning activities j
provided certain constraints are met.
The proposed rule should make the enactment of the decommissioning process more amenable to current licensing needs and improve the process in the areas of understandability, efficiency, and uniformity. Af ter the licensee permanently ; ceases operation and removes fuel from the reactor vessel (initkation of Phase I of the decommissioning process), the j
Commission believes that, just as in the current rules, the licensee should be permitted to perform minor maintenance Once the activities through the use of the Part 50.59 process.
NRC has received the licensee's certifications of pertranent 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.
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I This wouio 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 pennanent cessation of operation and i
fuel removal from the reactor
- vessel, a
post shutdown
{
decommissioning activities report (PSDAR) would be submitted to the l
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 and a discussion as to whether the environmental impacts
- costs, associated with site specific decommissioning activities will be bounded by the appropriate environmental impact statements.
Upon j
receipt of the PSDAR, the NRC will notice receipt of the report, request public comment on the proposed activities, and will 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.
Sec ion 50.82 (a) further states that 90 days after the NRC receives the PSDAR, the licensee may begin to perform major decommissioning activities, provided they meet the requirements in Section 50.59. This would generally occur 30 days af ter the public meeting.
The provisions in Section 50.59 allow the licensee to make changes to the facility during operation without express NRC approval provided these changes would not violate the conditions listed in Section 50.59, and the licensee prepares a written safety 10
i evaluarlon 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 licensee is complying with the regulation.
To ensure that licensees adequately address the unique circumstances associated with decomissioning activities, the Conmission is proposing to include additional criteria for the use of Section 50.59 during decommissioning (for both power and non-power reactors, although non-power reactor licensees could 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 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
is usually required under Section license ameddment requesti as 50.59 (c).
The Commission also intends to codify their position embodied in the draft policy statement "Use of Decommissioning Trust Funds Befort Decommissioning Plan Approval" (59 FR 5216; February 3,
1994) that the licensee should be allowed to use decommissioning trust funds subject to certain criteria. The Commission recognizes l
l the need for the licensee to provide adequate financial assurance l
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s to complete decommissioning at any time during operation through to termination of license and is proposing criteria that keeps this in 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 after 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
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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 4
generic decbissioning 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.
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5 After a possible period of storage (Phase II of the 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 For this ceased operation and decides to go into a storage mode.
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 tor the final radiation survey, a description of the end use of the site (if restriched), an updated site-specific analysis of -remaining decommissioning costs, and a supplement to the environmental
- report, as required by Section 51.53, describing any new infonnation or significant environmental change associated with the 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 hearing, as specified in Section 2.1201(a) (3), provided the spent 13 I
e J
s fuel had oeen removed fron the site.
Otherwise, there would be opportunity for a Subpart G hearing, as provided for in the current rules.
The Subpart L hearing is a fairly informal public hearing process, appropriate for the nature of a permanently ahnt.down f acility where the spent fuel has been removed offsite.
Section 50.82 (a) (10) would specify that, after resolution 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 Commission 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 terminate the license.
In order to clear up various ambiguitics in the current and proposed rule, definitions of permanent cessation of operation, permanent removal of fuel from the reactor vessel, decommissioning l
and major radioactive components would be codified in
- activity, Since a licensee could choose to undertake various Section 50,2.
decommissioning activities at the reactor facility 90 days after the NRC receives the PSDAR, it is important to define what The definition chosen for the
" decommissioning activity" means.
purpose of the proposed rule is consistent with the intent I
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, modifies the structure of the containment, or results in dismantling for shipment components containing greater than class 14
r e
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l C waste. This inclusion would not apply to components such as in-core detectors, which contain greater than class C waste, but in an 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 f rom the reactor vessel.
It is
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important that once a licensee has permanently ceased operation, f
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 ce'ssation of operations. The licensee in their permanent i
removal of fuel 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 undertaken an analysis to The determine the applicability of certain 10 CFR 50 requirements.
results of a portion of that study are presented in Section III.
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t 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 permanent cessation of operation and license tennination.
Such a 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 affect 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 proposed 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. 5'1(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 f
f prohibited from operating the production or utilization facility and must limit activities to actions necessary to decommission and l
decontaminate the facility, or actions necessary to maintain the l
control and maintenance of the facility, including the storage, 16
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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 l
that for non-power reactors there should be no expected delay in j
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.
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III.
Clarification of applicability of 10 CFR Part 50 to permanently shut down and decommissioning nuclear power plants Once a decision has been made to permanently cease operation 1
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 codification', the Commission removes the licensee's aut. Jrity to operate the reactor or to maintain or place fuel in the reactor vessel, as specified in proposed Section 50.82 (a).
This licensee possession status then provides a basis to remove regulatory l
requirements that are no longer necessary to protect the public health and safety.
Licensees have historically pursued relief from these requirements by means of obtaining license amendments and 17
f e
exemptions. :This process has placed significant' 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-l-
applicability to permanently shut down nuclear power reactors.
l 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
'In applicability to permanently shut down nuclear. power reactors.
all the examples below, the Commission is proposing to amend each specific regulation to clarify its applicability, nonapplicability, l
or limited applicability to permanently shut down nuclear power reactors.
i 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 clearly understood.
- However, the existing regulation has caused uncertainty as to its applicability to the permanently - shut down and deconsnissioning 18
I e
phase of a nuclear power reactor.
The Commission is proposing to amend 10 CFR 50.36 to clearly indicate that the controls, limits, l
and requirements established 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 remov il of the fuel from the reactor vessel.
I B. Technical Specifications for Fffluents Effluent technical specifications are found in 10 CFR 50.36a j
and Appendix I.
The applicability of 10 CFR 50.36a and Appendix I 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 permanently shut down and decommissioning phase of a nuclear power plant. The Commission is proposing to amend 10 CFR 50.36a and Appendix I to clearly indicate that the
- controls, limits, and require.nents for controlling radiological ef fluents are also required during the permanently shut down and decommissioning phase of a nuclear power plant.
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e 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 r.aclear 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 during the permanently shut down and decommissioning phase of a nuclear power plant.
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 i
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 I
s 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 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
e radioactively contaminated and may (and most likely will) maintain fuel at the facility. Thus Section 50.48 (f) has been added to the proposed amendments to require licensees that have permanently ceased operation and permanently removed fuel f rom the reactor vessel maintain a fire protection program.
G. Environmental Qualifi ; tion (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 tre reactor and maintain it in a safe condition, and (iii) 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 conditions of normal operation of the
- reactor, including anticipated operational occurrences; design basis accidents; 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 i
i must function during design basis events.
.:. response to comments on the final rule, (48 FR 2729, January 21, 1983), the Commission 22
I noted that the EQ rule does not cover the electric equipment located in a mild environment.
With pemanent 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, pcragraph (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 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 f
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.
Theref ore, the Commission is proposing to amend 10 CFR 50.54 (o) to J
indicate its nonapplicability to a nuclear power reactor facility 23
I g
that has permanently ceased operations and has permanently removed fuel from the reactor vessel.
l I. Emergency Actions In 10 CFR 50.54 (x) a licensee is allowed to take reasonable actions that may depart f rom 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),
emergency actions specified in 10 CFR 50.54(x) at a nuclear power reactor that has submitted the certifications in S 50.82(2) (1) 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 decisions.n'ecessary 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 i
nuclear power reactor has the requisite knowledge and experience to evaluate plant conditions and make these judgments.
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 l
reactor vessel to make these evaluations and judgments. A nuclear i
24
v 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 permanently shut.down or decommissioning nuclear power reactor is an indvidual who has the requisite knowledge and experience to evaluate plant conditions and make these judgements.
J. Fracture Prevention Measures I
The regulations in 10 CFR 50.60, 50.61, and Appendices G and H specify the requirements for fracture toughness and material l
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 norinal operation, including anticipated abnormal operational occurrences.
Once a nuclear power reactor permanently ceases operation, the fuel is removed from the reactor vessel in the containment and Af ter the fuel has been placed in thh spent fuel pool or an ISFSI.
removed f rom the containment, accidents and transients which af fect
)
the integrity of the reactor coolant pressure boundary can no ~
The measures required by these regulations are no longer occur.
Therefore, the Commission is proposing ~to amend
~
longer necessary.
10 CFR 50.60, 50.61, and Appendices.G and H to '.ndicate their nonapplicability to a nuclear power reactor fr.
'. ity that has i
25 t,
e-permanently ceased operations and has permanently removed fuel from the reactor vessel.
K. Anticipated Transient Without Scram (ATWS) Requirements The purpose of 10 CFR 50.62 is to require impro tments in the design and operation of LWRs to reduce the likelihood of reactor protect on system (RPS) failure following anticipated operational i
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 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 1
i Commission 19 proposing to amend 10 CFR 50.62 to indicate its j
nonapplicability to a nuclear power reactor facility that has i
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 any 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 50.65 to clearly indicate 26 i
<i
that the controls, limits, and requirements for monitoring the ef fectiveness of meintenance is required during the permanently shut down and deconna ssioning phase of a nuclear power plant facility that has perma'lently 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 thah " persons licensed to operate a nuclear power reactor" update the f acility FSAR annually or af ter each In order refueling outage with intervals not to exceed 24 months.
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 thel from the reactor vessel, pursuant to Section 50.82 (a) (1).
IV. Criminal Penalties Provisions The existing provisions of 10 CFR 50.82 are treated as Under nonsubstantive and are not subject to criminal enforcement.
i the Commission's proposed amendments to 10 CFR 50.82, licensees l
would be required to take certain actions which the Commission I
believes are essential in initiating the decommissioning process; 27 l
i 1!
e.g., certifying to permanent cessation of operations and permanent removal of fuel from the reactor vessel, and submitting a PSDAR.
j Thus, the Commission believes that the amended provisions of 10 CFR 50.82 should be considered as substantive and issued under the SS 161b, 1611, or 161o of the Atomic Energy Act of 1954, as amended.
Accordingly, the Commission is proposing to amend 10 CFR 50.111(b) l i
to remove the exemption for S 50.82 from the criminal penalty provisions.
Finding of No Significant Environmental Impact Availability 1
The Commission has determined that under the National Environmental Policy Act of 1969, as amended, and the Commission's regulations in Subpart A of 10 CFR part 51, that this rule, if
- adopted, would not be a major Federal action significantly af f eu. ing the quality of the human environment and therefore an environmental impact statement is not required. The proposed rule l
would clari.fy current decommissioning requirements for nuclear j
power reacto'rs in 10 CFR part 50, and set forth a more efficient, l
The CommisJion has already l.
uniform, and understandable process.
analyzed the major environmental impacts associated with decommissioning in the Generic Environmental Impact Statement NUREG-0586, August 1988 published in conjunction with the (GEIS),
l Commission's final decommissioning rule (53 FR 24018, June 27, The environmental assessment and finding of no significant 1988).
impact on which this determination is based are available for j
28 4
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 i
I 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 Of fice of Management and Budget for review and approval of the information collection requirements.
The public reporting burden for this collection of information is estimated to average (number will be sucolied before oublication in the Federal Recister) 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, 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 f
l of Information and Regulatory Affairs, NEOB-3019, (3150-0011),
1 Office of Management and Budget, Washington, DC 20503.
j l
29 4
'Y{
o e
Regulatory Analysis l
The NRC has prepared a draft regulatory analysis on this proposed regulation. The analysis qualitatively examines the costs and benefits of the alternatives considered by the NRC. The draft j
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
}
i Feldman, Office of Nuclear Regulatory Research, U.S.
Nuclear f
Regulatory Commission, Washington, DC 20555, telephone (301) 415-6194.
The Commission requests public comment on the draf t regulatory j
l analysis.
Comments on the draft analysis may be submitted to the j
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.
The companies that own these plants do not fall within the scope of the definition of strall entities as given in the Regulatory 30 i
(.
I l
Flexibility Act or the Small Business Size Standards promulgated in regulations issued by the Small Business Administration (13 U.S.C.
l Part 121),
a I
1 Backfit Analysis The Commission is proposing not to apply the backfit rule, 10 CFR 50.109, to these proposed amendments, and therefore, a backfit I
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 l
permanently ceased operations.
List of Subjects 10 CFR Part 2 Acministrative practice, and procedure, Antitr'ist, Byproduct material, Classified information, Environmental protection, Nuclear mr.* erials,
huclear power plants and
- reactors, Penalty, Sex discrimination, Source mate.'.al, Special nuclear material, Waste treatment and disposal.
10 CFR Part 50 Antitrust, Classified information, Criminal penalties, Fire protection, Incorporation by reference, Intergovernmental i
31 i
e relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.
10 CFR Part 51 Administrative practice and procedure, Environmental impact statement, Nuclear materials, Nuclear power plants and reactors, Reporting and recodkeeping requirements.
For reasons set out in the preamble and under the authority of the Atomic Energy Act of
- 1954, as
- amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C.
553, the NRC l
is proposing to adopt the following amendments to 10 CFR Parts 2, 50, and 51.
=
l f
I 32 4
PART 2-RULES OF PRACTICE FOR DOMESTIC 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, Pub. L.87-615, 76 Stat. 409 (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, 88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 2.721 al.so issued under secs. 102, 103, 104, 105, 183, 189, I
68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239).
Sect!on 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 4
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, I
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 (42 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 Scope of suboart.
(a)
(3)
Amendment of a Part 50 license following 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 4
PART 50- DOIESTIC LICHISING OF PRODUCTI'JI AIS UTILIZATION F The authority citation for part 50 continues to read as follows:
1.
102,103,104,105,161,182,183,186,189, 68 Stat. 936, Authority: Secs.
as amended, sec. 234, 83 Stat.1244, as 937, 938, 948, 953, 954, 955, 956, amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282);
secs 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244,1246 (42 U.S.C.
3 5841,5842,5846).Section 50.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 a(
amended by Pub. L. 102-486, sec. 2902,106 Stat. 3123, (42 U.S.C. 5851). Section j
50.10 also issued under secs. 101, 185, 68 Stat. 936, 955, asamended(42U.S.C.
I Sections 2131, 2235); sec. 102 Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332).
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.
4 Sections 50.33a, 50.55a and Appendix Q also 185,68 Stat.955(42U.S.C.2235).
Sections issued under sec. 102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332).
i 50.34 and 50.54 also issued under sec. 204, 88 Stat.1245 (42 U.S.C. 5844).97-415, 96 Stat. 2073 50.58, 50.91, and 50.92 also issued under Pub. L.
Sections Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 (42 U.S.C. 2239).
50.80-50.81 also issued under sec.184, 68 Stat. 954, as U.S.C.2152). Sections amended (42 U.S.C. 2234). Appendix F also issued under sec.187, 68 Stat. 955 (42 U.S.C. 2237)
In i 50.2, the terms " Decommissioning activity," " Major radioactive components," " Permanent cessation of operations," and " permanent fuel removal" 2.
are added to read as follows:
1 50.2 Definitions.
Decossiss'ioning activity means, for a nuclear power reactor, any activity that results in permanent removal of major components, modifies the structure of-the containment, or results in dismantling for shipment components containing l
s greater than class C waste.
I Ma.ior radioactive conoonents means, for a nuclear power reactor, the i
reactor vessel and interaals, steam generators, pressurizers, large bore reactor coolant system piping, pumps, and valves.
Permanent cessation of ooerations_ 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 4
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:
(1) 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.
(9) Certification of Permanent Fuel Removal. The licensee's certification of permanent fuel removal, pursuant to 5 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:
(1) the signed and notarized original and one copy to the Nuclear Regulatory Commission, Document Control Desk, Washington, DC 20555, one copy to the appropriate Regional Office, and (ii)
(iii) one copy to the appropriate NRC Resident Inspector if one has been assigned to the site or the facility.
In i 50.3'6, new paragraphs (c)(6) and (e) are added, and paragraphs (c)(6) 4.and (c)(7) are redesignated as (c)(7) and (c)(8) to read as follows:
5 30.36 Technical specifications.
(c)
(6)
Decommissionine.
The following applies only to nuclear power reactors that have submitted the certifications required by i 50.82(a)(1).
- Technical specifications involving safety limits, limiting safety system settings, and limiting control system settings; limiting conditions for surveillance requirements; design features; and administrative operation; controls will be developed on a case-by-case basis.
3
(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:
5 50.36a Technical specifications on effluents from nuclear power reactors.
(a) In order to keep releases of radioactive materials to unrestricted areas during normal conditions, including expected occurrences, as low as raasonably 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) That operating procedures developed pursuant to I 50.34a(c) for the control of effluents be established and followed and that 4
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 record until the Commiission 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 Cosmiission 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 Cossiission to estimate maximum potential annual radiation doses to the public resulting from The report must be submitted as specified in i 50.4, and the effluent releases.
If time between submission of the reports must be no longer than 12 months.
quantities of radioactive materials released during the reporting period are significantly above design objectives, the report must cover this specifically.
On the basis of. these reports and any additional information the Constission may-obtain from the licensee or others, the Cosmiission may require the licensee to take action as the Comunission 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 cor,siderations: Experience with the design, construction, and operation of nuclear power reactors indicates that compliance with the technical specifications described in this section will keep average annual releases of radit, active material in effluents and their resultant coussitted effective dose 20.1301 and equivalents at small percentages of the dose limits specified in iAt the sa in the license.
operation, compatible with considerations of health and safety, to assure that of power even under unusual the public is provided a dependable source 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
1
O 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 ! 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 ucrestricted areas be kept as low as is reasonable achievable.
6.
In 5 50.36b, the paragraph is revised to read as follows:
i 50.36b Environmental conditions.
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.
i 7.
In i 50.44, paragraph (a) is revised to read as follows:
i 5 50.44 Standards for combustible cas control system in licht-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
1 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
~3 postulated loss-of-coolant accident (LOCA) by---
8.
In i 50.46, paragraph (a)(1)(1) is revised to read as follows:
i 50.46 Acceptance criteria for eneraency core cooline systems for licht water nuclear oower reactors.
(a)(1)(1) Each boiling or pressurized light-water nuclear power reactor i
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 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
I
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 5 50.48, paragraph (f) is added to read as follows:
1 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 e regular basis and revised as appropriate throughout the.various stages of facility decomunissioning.
(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 1
protection for systems and equipment which could result in a radiological hazard, taking into account the dormissioning plant conditions and activities.
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
f 1
o 11.
In i 50.51, the title is changed, and paragraph (b) is added to read as follows:
i 50.51 Continuation of license.
I e
(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 Cosmiission notifies the licensee in writing that the license is terminated. During r.ay period of continued effectiveness of a license beyond the j
license's stated expiration date, the licensee is prohibited from operating the i
1 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 5 50.54, paragraphs (o) and (y) are revised to read as follows:
5 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.
i (y)
Licensee action permitted by paragraph (x) of this section shall be approved, as a minimum, by a licensed senior operator, or, at a nuclear 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.
In i 50.59, paragraphs (d), (e), and (f) are added to read as follows:
13.
-l 50.59 Chances, tests and experiments.
(d)
A nuclear powcr 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 changes could not:
(1) foreclose the release of the site for possiblo unrestricted use, or significantly increase decommiissioning costs, or (2)
(3) cause any significant environmental impact not previously reviewed, or (4) violate the terms of the licensee's existing license.
.(e) All the provisions of this saction shall apply to each nuclear power reactor licensee that has submitted the certifications required under i50.82(a)(1).
(f) The provisions of paragraphs (a) through (d) shall apply to each non-power reactor licensee whose license no longer authorizes operation of the reactor.
14.
In i 50.60, paragra M (a) is revised to read as follows:
5 50.60 Acceptance critaria for fracture prevention measures for light-water nuclear power 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 schmitted the certification, 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 E and H to this part.
15.
In 5 50.61, paragraph (b)(1) is revised to read as follows:
i Fracture touchness recuirements for protection against pressurized
)
i 50.61 1
thermal shock events.
(b) Requirements.
(1) For each pressurized water nuclear power reactor for which an operating license has been issued, other th n reactor facilities that have submitted the certifications required under i 50.82(a)(1), the licensee shall submit projected for reactor vessel beltline materials by giving values for the values of RT time of submittal, the expiration date of the operating license, the projected m
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 The assessment must use the calculative procedures given in been submitted.
paragraph (b)(2) of this section. The assessment must specify the bases for the The projection, including the assumptions regarding core loading patterns.
8
0; 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 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 a 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 report, or 5 years from the effective date of this rule, wMchever comes first.
These submittals must be updated whenever there is a ngnificant change in projected values of RTm, or upon a request for a change in the expiration date for operation of the facility.
16.
In 5 50.62, paragraph (a) is revised to read as follows:
Recuirements for reduct on of risk from anticipated transients i
5 50.62 without scram (ATWS) events for lieht-water-cooled nuclear power plants.
(a) Applicability. The requirements of this section apply to all commercial light-water-cooled nuclear power plants, other than reactor facilities that have submitted the certifications required under i 50.82(a)(1).
l 17.
In 5 50.65, paragraph (a)(1) is revised to read as follows:
i 50.65 Recuirements for monitorina the effectiveness of maintenance 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 j
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 consensurate with safety i
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 This plant that has submitted the certifications specified in i 50.82(a)(1).
section shall apply to the extent of all systems associated with the storage, control, and maintenance 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 650.75, paragraph (f) is revised to read as follows:
(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 and of operation submit a preliminary decommissioning plan containing a cost estimate for decommissioning and an up-to-date assessment of the major technical factors that could affect planning for decommiissioning.
Factors to be considered in submitting this information include--
(1)
The decommissioning alternative anticipated to be used.
The requirements of i 50.82(b)(4) must be considered at this time.
(ii)
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:
Residual radioactivity criteria; (iv)
(v)
Other. site specific factors which could affect decomissioning 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 decommiissioning.
20.
In i 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--
nuclear power reactor licensee has determined to (1)(i)
When a 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
e-submit a written certification to the NRC, consistent with the requirements of i 50.4(b)(g).
(2)
Upon receipt of the certifications for permanwnt 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).
Decomissioning 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 decomissioning beyond 60 years include unavailability of waste disposal capacity and other site-specific factors affecting the licensee's capability to carry out.decomissioning safely, including presence of other nuclear facilities at the site.
(4)(i)
Prior to or within two years following permanent cessation of operations, the licensee of a nuclear power reactor shall submit a post shutdown decommissioning activities report (PSDAR) which shall include a description of the planned decomissioning activities along with a schedule for their accomplishment, a general description and estimate of expected costs, and a discussion as to whether the en,ironranta! impacts associated with site-specific l
decomissioning activities will be bounded by appropriate environmental impact statements.
(ii) 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 PSOAR.
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.
(5)
For a power reactor licensee, 5 50.59 may not be us6d to perform decomissioning activities, as defined in i 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, before taking any action inconsistent tivith, or making any significant schedule change from, those actions and schedules. described in the PSDAR.
This includes actions where various decomissioning activities, as defined in i 50.2, may have been delayed by first j
placing the facility in storage, where less decomissioning activity and planning would be required.
(7)(1) For power reactor licensees that have submitted the certifications required under i 50.82(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 below an amount necessary to place and maintain the reactor facility in a safe until decomissioning can be completed or inhibit the storage condition licensee's ability to complete funding of any shortfalls in the decomissioning
.j trust needed to ensure the ultimate release of the site. Initially, 3% of the generic deccanissioning cost amount specified in 5 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 site-specific decomissioning cost analysis must be 11
a-1 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 decommissioning cost estimate.
(iii)
For decommissioning activities that delay completion of decommissioning 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 i 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 include--
(A) A site characterization; (B) A description of remaining dismantlement activities; (C) Plans for site remediation; Detailed plans for the final radiation survey; (D)
(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 connon 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 license termination.
The Commission will terminate the license if it determines that-(10)
(i) Tte decosmiissioning has been performed in accordance with the approved j
license termination plan and the order authorizing license termination; and (ii)
The terminal radiation survey and associate documentation demcnstrates that the facility and site are suitable for release.
For non-power reactor licensees--
(b)
(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 a: companied, or preceded, by a proposed decomunissioning plan. The contents of the decoenissioning plan are specified in paragraph 4 of this section.For decommiissioning plans in which th (2) are delayed by first placing the facility 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.For decommiissioning plans th (3) including a period of storage or surveillance, the licensee must provide that---
12
a
'o (1) 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 maintained in accordance with the criteria of i 50.75(e),
and (ii) Neans be included for adjusting cost e.ctimates and associated funding levels over the storage or surveillance period.
(4) The proposed decommissioning plan for a non-power reactor facility l
must include -
(1) The choice of the alternative for decommissioning with a description of activities involved.
An alternative is acceptable if it provides for -
completion of decommissioning without significant delay. Consideration will be given to an alternative which provides for delayed completion of dermunissioning
}
Factors to be only when necessary to protect the public health and safety.
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 fac'11 ties at the site.
(ii) A description of the controls and limits on procedures and equipment to protect occupational and public nealth 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 decommissioning.
(v)
A description of technical specifications, quality assurance provisions and physical security plan provisions in place during decommissioning.
(5) If the decommissioning 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.
The Commission will terminate the license if it determines that-(6)
(1) The decommissioning has been performed in accordance with the approved decommissionmg plan and the order authorizing decommissioning; and (ii)
The terminal radiation = survey and associated documentation.
demonstrates th'at the facility and site are suitable for release.
For a facility which has permanently ceased operation before the (c) 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 i 50.111, paragraph (b) is revised to read as follows:
The regulations in part 50 that are not issued under sections 161b, (b) il 50.1, 50.2, 1611, or 161o for the purposes of section 223 are as follows:
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
4 50.43, 50.45, 50.50, 50.51, 50.52, 50.53, 50.56, 50.57, 50.58, 50.81, 50.90, 50.91, 50.92, 50.100, 50.101, 50.102, 50.103, 50.109, 50.110, 50.111.
.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)(B)(2) to read as follows:
Appendix I - Numerical Guides for Design Objectives and Limitina Conditions of Goeration to Meet the Criterion "As Low As Is Reasonably Achievable" for Radioactive Material in Licht-Water-Cooled Nuclear Power Reactor Effluents.
SECTION 1. 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 limitina conditions for ooeration 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 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 tbe 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 quar.tities 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.
For each light-water-cooled nuclear power reactor constructed pursuant 8.
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 or a licensee who has t
14
(
t j
O 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 conditions, including oxpected occurrences, as low as is reasonably achievable.
PART 51-ENVIRO 15 ENTAL PROTECTIGIl REGULATI0115 FOR D0fESTIC LICDISINE AfD RELATED REGULATORY FINICTICIIS 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. 4332, 4334, 4335); and Pub. L.95-604, Title II, 92 Stat. 3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat. 2335 (42 U.S.C. 2243).
Sections 51.20, 51.30, 51.60, 51.61, 51.80, and 51.97 also issued under s:.cs. 135,141, 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).
SOURCE: 49 FR 9381, Mar. 12, 1984, unless otherwise noted.
2.
In.l 51.53, paragraph (b) is revised to read as follows:
p (b) Post Ooeratina License Stage. Each applicant for a license amendment authorizing decommissioning activities at a production or utilization facility covered by i 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 Ooeratina License Staae. In connection with the amendment of an operating licence authorizing decommissioning activities at a production or utilization facility covered by i 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
1 O
Dated at Rockville, Maryland, this day of 1995.
For the Nuclear Regulatory Comission.
1 John C. Hoyle, Acting Secretary of the Comission.
6 16 4-
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