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) | |
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January 27, 1995 Dk 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:
As stated DISTRIBUTION:
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OFFICIAL RECORD COPY RES FILE CODE #
9803190034 980311 Q\ hJ PDR PR
-L ?.b.OCR3J374 PDR a
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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.
DATES: The " comment period expires- (90 days af ter publication in 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.
Submit comments to: The Secretary of the Commission, ADDRESSES:
i Washington, DC 20555,
! U.S. Nuclear Regulatory Commission, Attention: Docketing and Service Branch. Copies of comments
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t received may be examined at the NRC Public Document Room, 2120 L f l
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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 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 1 parity to none, data bits to 8, and stop bits to 1 follows:
The NRC (N,8,1). Use ANSI or VT-100 terminal emulation.
rulemaking subsystems can then be accessed by selecting the " Rules L
' Menu" option from the "NRC Main Menu." For further information options available for NRC at FedWorld consult the about Users will
" Help /Information Center" from the "NRC Main Menu."
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
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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 train FedWorld menu by selecting "F - Regulatory, Government 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
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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 i
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Regulatory Commission, Washington, DC 20555, telephone (301) 504-1620.
SUPPLEMENTARY INFORMATION:
I. Background.
II. Existing regulatory franawork 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 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 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 CPR parts 2, 50, and 51 to clarify ambiguities in the current regulations, and to codify procedures and terminology
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v that have been used in a number of specific cases. The Commission believes that the proposed amendments would enhance efficiency and for nuclear power uniformity in the decommissioning process reactors, The proposed amendments would allow for greater public 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 Phase I decommissioning activities into phases I, II, and III.
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, The proposed rule longer be permitted to operate the reactor.
would also change many Part 50 rule requirements that would be 5
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unnecessary or require modification during the decommissioning process. The licensing 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 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 report (PSDAR) that provides a schedule of planned decommissioning activities, an estimate of the decommissioning costs expected to be 1
incurred, and a discussion of environmental impacts. The NRC would l
l 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
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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 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 After been removed from the reactor (Part 50 license) site.
resolution of comments, the Comission 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 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 that can affect'both power and non-power reactor facilities, 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 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) .
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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 s 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 i of the SSAB requirement. The results of any coments received and into the final radiological criteria rule for incorporated would affect the rule being currently 1 decomissioning that 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 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 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 environmental impacts documents. The decommissioning plan contains l
a site-specific cost estimate with decommissioning funds adjusted in an external trust to make up for any shortfall. Currently, i
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 activities, very limited public input or participation is formally I 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 .
activities through the use of the Part 50.59 process. Once the 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 reactor vessel, a post shutdown {
fuel removal from the l decommissioning activities report (PSDAR) would be submitted to the l 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 costs, and a discussion as to whether the environmental impacts associated with site specific decommissioning activities will be Upon j bounded by the appropriate environmental impact statements. !
receipt of the PSDAR, the NRC will notice receipt of the report, request public comment on the proposed activities, and will l 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 license ameddment requesti as is usually required under Section 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
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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 /
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, l 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 storage (Phase II of the After a possible period of decommissioning process) , Section 50.82 (a) (8) of the proposed rule requires the licensee to complete decommissioning by submitting an license along with a license application to terminate the 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 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 required by Section 51.53, describing any new report, as 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
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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, l
permanent removal of fuel from the reactor vessel, decommissioning 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 I purpose of the proposed rule is consistent with the intent information to the current specified in the supplementary decommissioning rule and means, for a nuclear power reactor, any activity that results in permanent removal of major components, containment, or results in modifies the structure of the dismantling for shipment components containing greater than class 14
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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 l It is {
that all fuel has been removed f rom the reactor vessel.
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 i
permanent ce'ssation of operations. The licensee in their permanent 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 there are two aspects of these proposed manner. However, 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 licensee's request for staff requirements), during the 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 prohibited from operating the production or utilization facility f and must limit activities to actions necessary to decommission and l decontaminate the facility, or actions necessary to maintain the l facility, including the storage, control and maintenance of the l 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 l
that for non-power reactors there should be no expected delay in j completing decommissioning through to license termination, there l 1
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 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 l 1
nuclear power reactor has ceased operation and that fuel has been permanently; removed from the reactor vessel. Then, through l 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
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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 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, 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 However, phase of a nuclear power reactor is clearly understood.
the existing regulation has caused uncertainty as to its applicability to the permanently - shut down and deconsnissioning 18
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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 ]
existing regulation has caused understood. However, the 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 that the controls, limits, and require.nents for indicate l 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 the reactor, including conditions of normal operation of occurrences; design basis accidents; anticipated operational 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 l
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 50.54, pcragraph (o) requires that primary In 10 CFR 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 .
I 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 I 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.
to Theref ore, the Commission is proposing to amend 10 CFR 50.54 (o) 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 placed in thh spent fuel pool or an ISFSI. Af ter the fuel has been removed f rom the containment, accidents and transients which af fect
)
the integrity of the reactor coolant pressure boundary can no ~ l longer occur. The measures required by these regulations are no Therefore, the Commission is proposing ~to amend
~
longer necessary.
10 CFR 50.60, 50.61, and Appendices .G and H to '.ndicate their
'. ity that has nonapplicability to a nuclear power reactor fr. 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
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(3) prior to the start of these activities.For decommiissioning plans th 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 }
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 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 l 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-(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. ,
(c)
For a facility which has permanently ceased operation before the l 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. l
- 21. In i 50.111, paragraph (b) is revised to read as follows:
(b) The regulations in part 50 that are not issued under sections 161b, 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.
- 8. For each light-water-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 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 . . .
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Dated at Rockville, Maryland, this day of 1995.
For the Nuclear Regulatory Comission.
1 John C. Hoyle, Acting Secretary of the Comission.
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