ML20216F723

Draft Commission Paper Providing Notice of Proposed Rulemaking Amending Decommissioning Regulations in 10CFR2,50 & 51

ML20216F723
Person / Time
Issue date:	01/26/1995
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20216F445	List: ML20216F440 ML20216F464 ML20216F487 ML20216F521 ML20216F531 ML20216F537 ML20216F543 ML20216F716 ML20216F723 ML20216F789 ML20216F796 ML20216F804 ML20216F828 ML20216F835 ML20216F840 ML20216F871 ML20216F898 ML20216F909 ML20216G000 ML20216G056
References
FRN-60FR37374, RULE-PR-2, RULE-PR-50, RULE-PR-51 AE96-1-015, AE96-1-15, SECY-94-179-R, NUDOCS 9803190040
Download: ML20216F723 (83)

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{ 4 7 FOR: ' The Comissioners FROM: James M. Taylor, Executive Director for Ope"ations

SUBJECT:

PROPOSED RULEMAKING - REVISION TO 10 CFR PARTS 2, 50, AND 51, RELATED TO DECOMMISSIONING OF NUCLEAR POWER REACTORS PURPOSE:

To provide the Comission with a notice of proposed rulemaking amending the decomissioning regulations in 10 CFR Parts 2, 50, and 51. This responds to a Staff Requirements Men.orandum dated October 5,1994 that requested the staff to review and rework the rule proposed in SECY-94-179.

SUMMARY

The proposed rulemaking would revise specific regulations pertaining to nuclear power reactors that permanently cease operation. These changes would include provisions in Parts 2, 50, and 51 to clarify the applicability of certain regulations to permanently shutdown nuclear power reactors. In addition, the proposed rulemaking woula amend the decommissioning regulations in Part 50 to codify procedures and terminology that have been used in a number of spectfic cases.

BACKGROUND:

In SECY-Ct .179, " Notice of Proposed Rulemaking on Decomissioning of Nuclear Power Reactors," dated July 7, 1994, the staff provided two Options for revising the decomissioning regulations for nuclear power reactors. That proposed rulemaking was intended to codify Comission direction addressed in an SRM dated June 30, 1993 regarding the decomissioning activities a licensee could undertake ft,110 wing permanent cessation of operations. The Federal Register package contained the amendments requested in the June 30, 1993 SRM in Option 1. A second option was included by the staff and OGC that set forth CONTACT:

Dr. Carl Feldman, RES 415-6194 9803190040 980311 PDR PR

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The Commissioners additional. provisions that would have limited the type of decommissioning activities a licensee could undertake following permanent cessation of operations.

On October 5, 1994, the Commission issued an SRM in response to SECY-94-179.

The Commission (with all Commissioners agreeing) directed the staff to review )

and rework the~ proposed rule and further directed the staff to brief the Commissioners on the framework for a revised rule prior to beginning any new proposed rule. A suggested decommissioning approach from Commissioner Rogers was included in the SRM and the staff was provided the option of suggesting alternative methods to this approach. Briefings for the Commissioners were conducted November 8 and 19, 1994 addressing the framework for the proposed rule.

DISCUSSION:

The proposed rule included in the Federal Reaister Notice follows the appoach outlined by Comissioner Rogers in the October 5,1994 SRM. Any differences from the approach outlined by Commissioner Rogers or from the framework proposed by the staff will be highlighted in the discussion. The phased approach to decommissioning is primarily addressed through revisions to i 50.82,'Ter.aination of license. A new section (a) is-added that sper.1fically applies to power reactor licensees. Provisions include a 30 day limit for a licensee to notify the NRC of their decision to permanently cease operations, and a requirement to submit written certification to the NRC when fuel has been permanently removed from the reactor vessel.

Once these certifications are received the Part 50 license would no longer authorize operation, and as stated in the proposed rule,.a number of requirements that specifically address operating limits would no longer apply.

This would include 5 50.44, Standards for combustible gas control system in

' light-water-cooled power reactors; I 50.46, Acceptance criteria for emergency core cooling systems for light-water nuclear power reactors; i 50.49, .

Environmental qualification of electric equipment important to safety for l' nuclear power plants; i 50.60, Acceptance criteria for fracture prevention measures for light-water nuclear power reactors for normal operation; I 50.61, Fracture toughness requirements for protection against pressurized thermal shock events; and i 50.62, Requirements for reduction of risk from anticipated '

transients without scram (ATWS) events for light-water-cooled nuclear power plants. In addition, the proposed rule would also make it clear that some requirements that currently only apply to operating reactors would also apply to a-licensee no longer authorized to operate the reactor. This would include j i 50.36a, Technical specifications on effluents from nuclear power reactors;  ;

I 50.36b, Environmental conditions; i 50.48, Fire protection; l'50.65, 2

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The' Commissioners Requirements for monitoring the effectiveness of maintenance at nuclear power plants; Appendix I, Numerical Guides for Design Objectives and Limiting Conditions of Operation to Meet the Criterion "As Low As Reasonably Achievable" for Radioactive Material in Light-Water-Cooled Nuclear Power 1 Reactor Effluents, and i 50.111, Criminal penalties. In the areas of-fire protection and maintenance the requirements that would apply would be i commensurate with the risks associated with the presence of spent fuel onsite.

In the absence of spent fuel these requirements would be further reduced to address only decommissioning activities.

The proposed rule would also require a licensee to. submit a post shutdown decommissioning activities report (PSDAR) within 2 years of permanently ceasing operation. To ensure that the NRC and the public are aware of the licensee's plans regarding license termination, a 2 year time period was chosen for submittal of this report. This will provide reasonable assurance that licensees will perform the preliminaiy planning needed to ensure that any radioactive material remaining onsite will be properly handled. The report is to include a description and a schedule of any planned decommissioning activitites, an estimate of expected costs for these activities, and a discussion on whether the planned activities would be covered by the existing environmental assessments. - g d /*. .

The proposed rule also states that the NRC will notice the availability of the l PSDAR and solicit public comment on the report. In addition, the proposed rule. states that the NRC will sched.ile a meeting in'the vicinity of the site and will distribute the notice to newspapers local to the site, announcing the date, time, and location for the ifubl ing, as well as, a description of it purpose. The purpose of this meeting will be to inform the public of the licensee's plans for decommissioning activities at the site, and to solicit public comment on these plans.

The proposed rule would prohibit licensees from performing activities that would be defined as major decommissioning activities until 90 days after the NRC has received the PSDAR. A definition of what would constitute decommissioning activities is included in the proposed rule. Under tha proposed rule, at the end of the 90 days, licensees would be permitted to begin decommissioning activities provided they meet the criteria in i 50.59.

A new paragraph i 50.59(d) has been added to the proposed rule that would codify the Commission's criteria in January 13, 1993 SRM that addressed decommissioning activities that could be undertaken by permanently shutdown licensees.

The proposed rule would also require licensees to inform the NRC of any significant changes in the PSDAR schedule. This provision was included to 3

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1 The Commissioners ensure that'once a licensee has committed to following a schedule, and ;o informed the NRC and the public, that significant changes to the schedule would be provided to the NRC so that any inspections of 5 50.59 activities could continue.

The proposed rule would permit power reactor licensees to withdraw limited amounts from the decommissioning trust fund without NRC approval provided the conditions'in the Commission's draft policy statement on the use of decommissioning trust funds are met. In addition, the proposed rule would allow licensees to the use a limited amount (3%) of the generic decommissioning cost amount specified in 5 50.75. The percentage chosen compares with the de minimis value expressed % the draft policy statement and would be expected to be used for immediate post-shutdown administrative expenses. Ninety days after the PSDAR is received,-licensees would be able to use an additional 20% of the generic amount. This additional amount was chosen to allow licensees to undertake some early decommissioning and component removal activities prior to preparation and submittal of a detailed cost estimate. The proposed rule specifies that use of any additional decommissioning trust funds would require submittal of a site-specific cost estimate. The proposed rule would require this submittal no longer than two years aft permanent cessation of operations. This requirement in the curre has been retained to provide the NRC with assurance that- /

licen .

ave adequately assessed the cost to decommission their facility.

The proposed rule also retains the requirement that licensees who plan to delay completion of decommissioning with a period of storage provide a means j for adjusting the funding level over the storage period to account for l inflation.

Section 50.51 has been modified to include a provision that is similar to that for materials licensees, whereby the license will remain in effect in the absence of an application for renewal until the Commission notifies the ,

j licensee that the license is terminated. The proposed rule also includes a j requirement that power reactor licensees submit a termination plan at least two years prior to the planned decommissioning completion date. The l information to be included in the termination plan would include a site characterization, description of remaining dismantlement activities, plans for site remediation, plans for final radiation survey, description of end use of site (if restricted), and, if the proposed activities would require, a i supplement to the licensee's environmental report. The two year period was chosen t9 provide adequate time for NRC review and approval of the proposed plan. >$ections 51.53 and 51.95 were modified to include a provision that any amendment approving release of the site with continuing restrictions, as addressed in the proposed Radiological Criteria for Decommissioning rule, would require a supplemental environmental report.  !

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The Commissioners The remainder of this section in the proposed rule is basically unchanged from the existing requirements addressing decommissioning for non-power reactors and license termination >rocedures. A new paragraph.is proposed to be added to Subpart L of Part 2 tiat would make it apply to amendment of a Part 50 license after fuel has been permanently removed from the site.

RESOURCES:

The staff anticipates that there should be no need for additional resources to implement the revised ' rule since the effort previously expended on review of the preliminary decommissioning plans for nuclear power reactors can be re-programmed to review the PSDAR submittals and conduct i 50.59 inspections.

RELATED ACTION:

The staff and OGC have reviewed the proposed Radiological Criteria for Decomissioning rule that is currently undergoing review of public coments.

On' December 6-8, 1994 a workshop on restricted release provisions of the proposed radiological criteria rule was held in Washington, DC. A number of comments were raised on' the need to upgrade the public participation process during decommissioning. As proposed, this rule is compatible with the concepts presented in the_ Radiological Criteria for Decomissioning proposed rule and discussed in the workshop. The- results ~ of any comments received and incorporated into the final radiological criteria rule for decommissioning that would affect the rule currently being proposed will be addressed in the-finalization of this rulemaking.

REC 0p#tENDATION:

That ~ the Comission:

1. Approve publication of the proposed rule.

2. Certify that the proposed rule will not have a negative economic impiact on a substantial number of small entities, in order to satisfy requirements of the Regulatory Flexibility Act, 5 U.S.C. 605(b).

3. ADDrove the recommendation to amend the Criminal Enforcement requirements in 50.111.

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o The Commissioners Hote:

a. The proposed rule.(Attachment 2) will be published in the Federal Reaister for a 90-day public comment period;

b. A draft Regu'latory Analysis has been prepared and will be made available for public comment in the Public Document Room (Attachment 3);

c. An environmental assessment and finding of No Significant Impact has been prepared and will be made available for public comment (Attachment 4);

d. That in accordance with the Regulatory Flexibility o-t, an initial regulatory flexibility analysis has been prepared. The analysis indicates that the economic impact on licensees and small entities will not be significant. The draft analysis will be made available 'for comment and a copy will be sent to the Chief Counsel 1 for Advocacy of the Small Business Admir,istration.

e. The proposed rule contains new information collection requirements y and, therefore, is subject to the requirements of the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq. The. staff is preparing a draft Federal Reaister notice for 0MB submittal before publication of the proposed rule;

f. A public announcement will be issued (Attachment 5);

g. The appropriate Congressional committees will be informed (Attachment 6); and i

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l The Commissioners

h. Copies of the Federal Register notice of proposed rulemaking will be distributed to all licensees. The notice will be sent to other interested parties upon request.

Attachments: As stated (6) l 7

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The Commissioners

h. Copies of the Federal Register notice of proposed rulemaking will be distributed to all licensees. The notice will be sent to other interested parties upon request.

Attachments: As stated (6)

REC 8RDNOTE: A draft copy of the proposed rule was sent to 0IG for information on: 0, ,,.,p-D:ADM D:NRR D:NMSS Offe:RPHEB:DRA RPHE . A D:DRA:RES RBernero DCoo BMorris DMeyer WRussell Name:CFel$n Date://495 /R(,/95 ///(r/95 / /95 / /95 / /95 D:PA D:RES EDO Of fc:0GC D:0E D:IRM EBeckjord JTaylor JLieberman GFCranford WBeecher l Name:MMalsch Date: / /95 / /95 / /95 / /95 / /95 / /95 0FFICIAL RECORD COPY RES NO.

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ATTACHMENT 2 Federal Register Notice 1 \

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[7590 P]

NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2, 50, and 51 RIN 3150-AE96 Decommissioning of Nuclear Power Reactors AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

SUMMARY

The Nuclear Regulatory Commission is proposing to amend its regulations on the decommissioning procedures that lead to the termination of an operating license for nuclear power reactors and release of the property. The proposed amendments would clarify ambiguities that have arisen in the past and codify practices which have been utilized for other licensees on a case-by-case basis.

i DATES: The comment period expires (90 days af ter publication in i

I 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.

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ADDRESSES: Submit ccuments to: The Secretary of the Commission, Commission, Washington, DC 20555, U.S. Nuclear Regulatory Attention: Docketing and Service Branch. Copies of comments

o received may be examined at the NRC Public Document Room, 2120 L Street NW. (Lower Level) Washington, DC.

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Comments may be submitted electronically, in either ASCII text or Wordperfect format (version 5.1 or later) , by calling the NRC Electronic Bulletin Board on FedWorld. The bulletin board may be l

accessed using a personal computer, a modem, and one of the I

commonly available communications software packages, or directly via Internet. Background documentn on the rulemaking are also available for downloading and viewing on the bulletin board.

I 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 follows: parity to none, data bits to 8, and stop bits to 1 4 (N,8,1). Use ANSI or VT-100 terminal emulation. The NRC rulemaking subsystems can then be accessed by selecting the " Rules Menu" option from the "NRC Main Menu." For further information about options available for NRC at FedWorld consult the

" Help /Information Center" f rom t';_e "NRC Main Menu." trs will find the "F6dWorld Online User's Guides" particularly helpful. j Many NRC subsystems and databases also have a " Help /Information Center" option that is tailored to the particular subsystem.

The NRC subsystem on FedWorld can also be accessed by a direct dial phone number for the main FedWorld BBS: 703-321-8020; Telnet via Internet: fedworld. gov (192.239.92.3); File Transfer Protocol (FTP) via Internet: ftp.fedworld. gov (A92.239.92.205); and World l

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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 main FedWorld menu - by selecting "F -

Regulatory, Government Administration and State Systems" or by entering the command "/go nrc" at a FedWorld command line. At the next menu select "A -

Regulatory Information Mall," and then select "A - U.S. Nuclear 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 NFC systems, but you will not have access to the main FedWorld system. For more information on NRC bulletin boards call Mr.

Arthur Davis, Systems Integration and Development Branch, U.S.

Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (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, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301)-504-1169 or, j

Bradley W. Jones, Office of the General Counsel, U.S. Nuclear 3

Regulatory Commission, Washington, DC 20555, telephone (301) 504-1628.

SUPPLEMENTARY INFORMATION:

I. Background.

II. Existing regulatory framework and need for the amendments.

III. Clarification of the applicability of 10 CFR Part 50 to permanently shut down and decommissioning nuclear powerplants.

IV. Criminal penalties provisions.

I. Background l

When the decommissioning regulations were published on June (53 FR 24018) and adopted, it was assumed that the 27, 1988 majority of nuclear power reactor licensees would decommission at l

the end of the operating license. Since that time a number of l

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 CFR parts 2, 50, and 51 to clarify ambiguities in the current regulations, and to codify procedures and terminology 4

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that have been used in a number of specific cases. The Commission I believes that the proposed amendments would enhance efficiency and uniformity in the decommissioning process for nuclear power reactors. The proposed amendments would allow for greater public participation in the decommissioning process and furnish the .

licensed community and the public a better understanding of the process as the operating personnel at a nuclear power reactor facility undergo the transition from an operating organization to a decommissioning organization. In particular, this rulemaking would address the process which begins with a licensee s decision to permanently cease operations at the facility and concludes with

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theCommission'sapprovaloflicensektermination. l The conceptual approach the Commission has chosen divides the decommissioning activities into phases I, II, and III. Phase I l

deals with those licensing activities that the licensee undertakes prior to placing the power reactor in a storage mode. Phase II deals with licensee activities during the storage period, and Phase III deals with the activities the licensee undertakes 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 react.or vessel.

At this time, the licensee, through rule codification, would no longer be permitted to operate the reactor. The proposed rule would also change many Part 50 rule requirements that would be 5

unnecessary or require modification during the decommiscioning process. The licensing fee would also be substantially reduced because the license would no longer meet the requirements for an

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operating license as specified in Section 171.5.

t No major decommissioning activities, as defined in Section 50.2, would be allowed initially, although limited licensee decommissioning trust funds would be made available for planning purposes and early activities. The remaining decommissioning funds would be made available with receipt of the licenst.e's detailed decommissioning cost estimate. Prior to undertaking major decommissioning activities, the licensee would be required to provide the NRC with a post shutdown decommissioning activities report (PSDAR) that provides a schedule of planned decommissioning activities, an estimate of the decommissioning costs expected to be incurred, and a discussion of environmental impacts. The NRC would then inform the public of the licensee's intent to decommission and solicit public comment on the proposed activities and would hold a public meeting in the vicinity of the site to describe the planned activities ahd receise 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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l when the licensee's application to terminate the license and license termination plan were received by the NRC. At this time, f a supplemental environmental report would also be required if there was the possibility of significant environmental impacts not j' previously covered in other reports. The Commission'would notice I

! receipt of this information and provide opportunity for a Subpart L hearing on the license terreination plan, provided spent fuel had l

been removed from the reactor (Part 50 license) site. After I resolution of comments, the Comtr .ssion 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 determined 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 l

that can affect both power and non-power reactor facilities, and are addressed in the rulemaking for purposes of clarification. The first entails that environmental requirements for conditional l

release sitt$dtions 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

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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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1 Section 20.1406(b) of the proposed rule would require that a Site i

Specific Advisory Board (SSAB) be convened in cases where a licensee proposes to request restricted release of the site. On 1

December 6-8, 1994, a workshop on this issue was held in f I

Washington, DC. The objective of the workshop wac to conduct an informed discussion among af fected interests on the implementation 1

of the SSAB requirement. The results of any comments received and l l

incorporated into the final radiological criteria rule for  ;

decommissioning that would affect the rule being curre,ntly proposed, will be addressed in the finalization o his lemaking. y II. Existing Regulatory Framework and Need for the Amendments The Commission has examined the present regulatory framework for decommissioning, largely contained within 10 CFR 50.82, with additional requirements in 10 CFR 50.75, 51.53, and 51.95, as well l i

as the 10 CFR 50 technical requirements, to ascertain the I appropriate regulatory path to take that would ameliorate current licensing concerns 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.

l At that time, a supplemental environmental report must also be submitted to the NRC describing any substantive environmental 8

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I l impacts that are anticipated, but not already covered in other environmental impacts documents. The decommissioning plan contains a site-specific cost estimate with decommissioning funds adjusted in an external trust to make up for any shortfall. Currently, prior to approval of the decommissioning plan by the Commission, no l decommissioning trust funds can be used. Finally, aside from the licensee voluntarily informing the public about decommissioning activities, very limited public input or participation is formally required in the current rules.

The proposed rule would preserve the substantive elements of the current regulations, provide for greater public participation in the decommissioning process, and allow the licensee more latitude in completing the necessary decommissioning activities provided certain const7 lints 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, ef ficiency, and uniformity. Af ter the licensee permanently ; ceases operation and removes fuel from the reactor vessel (initIationofPhaseIofthedecommissioningprocess), the Commission believes that, just as in the current rules, the licensee should be permitted to perform minor maintenance activities through the use of the Part 50.59 process. Once the NRC has received the licensee's certifications of permanent cessation of operation and permanent removal of fuel f rom 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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This would entitle the licensee to a licensing fee reduction since they would no . longer have an " operating license" as defined in Section 171.5. g/

At an early time during the Phase I process, {Section 50.82 (a) X would require that within-two years af ter the licensee provides the NRC with certifications of permanent cessation of operation.and fuel removal from the reactor vessel, a post shutdown decommissioning activities report (PSDAR) would be submitted to.the NRC. The report would include a description of the licensee's planned decommissioning activities along,with a schedule for their accomplishment, a general description and estimate of expected costs, and a discussion as to whether the environmental impacts associated with site-specific decommissioning activities will be

. bounded by the appropriate environmental impact statements.- Upon l 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'pf the reactor f acility site to discuss the licensee's plans.

f@f Section 50.82 (a) further states that 90 days after the NRC X 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 e ny d 10

evaluation which provides the basis for their detennination 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 q with decommissioning activities, the Commission 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 'indertake any activity that would not meet these criteria would require the licensee to submit a license amendment request, as is usually required under Section 50.59 (c) .

The Commission also intends to codify the g position embodied <<

in the draft policy statement "Use of Decommissioning Trust Funds Before Decommissioning Plan Approval" (59 FR 5216; February 3, 1994) that the licensee should be allowed to use decommissioning trust funds subject to certain criteria. The Commission recognizes the need for the licensee to provide adequate financial assurance 11

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 af ter the licensee's declaration of permanent cessation of operation; the latter bein'! only an inflationary update estimate, if appropriate.

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Once the NRC has received the licensees certifications of permanent ,x 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 v to complete funding of any shortfalls in the decommissioning trust l needed to ensure the ultimate release of the site. The proposed w to rule would permit, under Section 50. 82 (a) (7) , t h a t ,3 % of the 3 generic decommissioning 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 I

the NRC has received the licensee's PSDAR, an additional 20% could i 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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a possible period of storage (Phase II of the After 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 rhat 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 th 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 p

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proposed rule woulg require that h ?contain site

.Va description of remaining dismantlement characterizationf I' activities, plans for site remediation, detailed plans for the final radiation survey, a description of the end use of the site (if rest rict'ed) , 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 information 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 1

l hearing, as specified in Section 2.1201(a) (3) , prcvided the spent l 13 l

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fuel had Deen removed from 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 shutdown facility 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 ambiguities in the current and proposed rule, definitions 02 permanent cessation of operation, 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 l

decommissioning activities at the reactor facilicy 90 days after the NRC receives the PSDAR, it is important to define what

" decommissioning activity" means. The definition chosen for the purpose of the proposed rule is consistent with the intent l

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

Y s,si )

p gfA

-f s/*Ti

n e It) &;;..

~ ~~

c " ps ~ty

• e;< t u #

. {rv' (,~

/ f This inclusion would not apply to components such as in- #

C / waste:

core detectors, which contal 4reater than class C waste,-bt&4ng l

l insignificant amoun Accordingly, " major radioactive components" l

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 pemanent cessation of

! operation and permanent removal of fuel from the reactor vessel would be specified in Sections 50.4 (b) (8) and(9). As stated earlier, the initiation of Phase I of the decommissioning process would occur once the NRC receives a formal declaration from the licensee that the licensee has permanently ceased operation and that all fuel has been removed from the reactor vessel. It is I important that once a licensee has permanently ceased operation, i fuel be removed from the reactor vessel and placed in a more stable configuration. The licensee would be required to state the date on which operations have or will be ceased in their certification of permanent cessation of operations. The licensee in their permanent i

removal of f6el 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 l 1

of permanent shutdown and permanent removal of fuel from the j reactor vessel, the Commission has undertaken an analysis to determine the applicability of certain 10 CFR 50 requirements. The l

results of a portion of that study are presented in Section III.

15 j

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 termination. 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 50.51(b) , until the Commission notifies the licensee in writing that the license is terminated. The proposed requirement further states that during any period of continued effectiveness beyond the licensee's stated expiration date, the licensee is prohibited from operating the production or utilization facility and must limit activities to actions necessary to deconmission and decontaminate the facility, or actions necessary to maintain the facility, including the storage, control and maintenance of the 16

spent fuel, in a safe condition, and conduct activities in accordance with all other restrictions applicable to the facility in accordance with NRC regulations and provisions of the specific part 50 license for the facility. Even though it has been stated that for non-power reactors there should be no expected delay in completing decommissioning through to license termination, there may be unforeseen circumstances where this is not possible.

Therefore, this clarification would also pertain to non-power

. reactor licensees.

III. Clarification of applicability of 10 CFR Part 50 to permanently shut down and decommissioning nuclear power plants Once a decision has been made to permanently cease operation of a nuclear power reactor, then the proposed rule requires that the licensee must notify the NRC, through certification, that the nuclear power reactor has ceased operation and that fuel has been i

permanently , removed from the reactor vessel. Then, through codificatioE' the Commission removes the licensee's authority to operate the reactor or to maintain or place fuel in the reactor vessel, as specified in proposed Section 50.82 (a). This licensee possession status then provides a basis to remove regulatory requirements that are no longer necessary to protect the public health and safety.

l Licensees have historically pursued relief from these l

requirements by means of obtaining license amendments and l

17

l exemptions. This process has placed significant resource burdens upon both licensees and the Commission. After 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 The Commission proposes to amend a number of the I

condition.

regulations contained in 10 CFR part 50 to clarify their I l

applicability to permanently shut down nuclear power reactors.

The following provides a discussion of numerous technical requirements which have been determined to have limited or no applicability, and require clarification or modification of their l applicability to permanently shut down nuclear power reactors. In all the examples below, the Commission is proposing to amend each 1 specific regulation to clarify its applicability, nonapplicability, i or limited applicability to permanently shut down nuclear power l

reactors.

A. Technical Specifications The requirements for technical specifications are found in 10 CFR 50.36. The applicability of 10 CFR 50.36 to the operational l 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 decommissioning 18

phase of a nuclear power reactor. The Commission is proposing to

' amend 10 CFR 50.36 to clearly indicate that the controls, limits, and requirements 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 removal of the fuel from the reactor vessel.

B. Technical Specifications for Effluents Effluent technical specifications are found in 10 CFR 50.36a and Appendix I. The applicability of 10 CFR 50.36a and Appendix I to the operational phase of a nuclear power plant is clearly understood. However, the existing regulation has caused uncertainty as to its applicability to the 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 requirements fo controlling radiological effluents are also required during the permanently shut down and decommissioning phase of a nuclear power plant.

19 l

t C. Environmental Conditions Requirements associated with environmental conditions are found in 10 CFR 50.36b. The applicability of 10 CFR 50.36b to the ,

operational phase of a nuclear power plant is clearly understood.

However, the existing regulation has caused uncertainty as to its applicability to the permanently shut down and decommissioning phase of a nuclear power plant. The Commission is proposing to amend 10 CFR 50.36b to clearly indicate that conditions to protect the environment may be made a part of the license and required 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 vqrove hydrogen maMagement in light water reactor (LWR) facilities and to provide specific design and other requirements to mitigate the consequences of accidents resulting in a degraded core. The requirements focus on the capability for measuring hydrogen concentration, ensuring a mixed atmosphere, and controlling combustible gas mixtures following a loss of coolant accident (LOCA). The concern for hydrogen generation during a LOCA does not exist with the permanently shut down power reactor. A nuclear power plant that has permanently ceased operation and permanently removed all of its 20

l 4

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 nc 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 tempetu ure, 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 l

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

r l

l l

f

.pa une i~

l

/ r~f$s[Y&

radioactively contaminpted and may (and most likely will) we ~[ ~%

maintain fuel at the facility. Thus Section 50.48 (f) has been added to the X proposed amendments to require licensees that have permanently ceased operation and permanently removed fuel from the reactor vessel maintain a fire protection program.

G. Environmental Qualification (EQ)

The regulations for equipment qualification ara 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 ensura (i) the integrity of the reactor coolant pressure boundary, (ii) the capability to shut down the reactor and maintain it in a safe condition, and (iii) the capability to prevent or mitigate the consequences of accidents that could result in potential offsite exposures comparablo to the guidelines of 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 nust be designed to ensure the functions (i) through (iii) above.

The EQ rule is clearly limited to electrical equipment that must function during design basis events. In response to comments on the final rulc., (48 FR 2729, January 21, 1983), the Ccmmission I

22

noted that the EQ rule does not cover the electric equipment

' located in a mild environment. . With permanent cessation of operations and permanent removal of fuel from the reactor vessel, the harsh environment associated with LOCA accidents can no longer occur. Therefore, the Commission is proposing to amend 10 CFR 1

50.49 to indicate its nonapplicability to a nuclear power reactor facility licensed under these conditions.

H. Containment Leakage Testing In 10 CFR 50.54, paragraph (o) requires that primary containments for water cooled reactora 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 operation, the fuel is removed from the reactor vessel in the containment and placed in the spent fuel pool or an independent spent fuel storage installation (ISFSI). After the fuel has been removed from the containment, the LOCA can no longer occur.

Leakage testing of the containment is no longer necessary.

Therefore, the Commission is proposing to amend 10 CFR 50.54 (o) to indicate its nonapplicability to a nuclear power reactor facility 23

i that has permanently ceased operations and has permanently removed fuel from the reactor vessel.

I. Emergency Actions In 30.CFR 50.54(x) a licensee is allowed to take reasonable action:t that may depart f rom a license condition or technical specification in an emergency. This is permitted when action is imm.ediately needed to protect che public health and saiety 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 tne certifications in 5 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 necessary to protect the public health and safety are made by an individual who has both the requisite Pnowledge and plant experience. The licensed senior operato* *t an operating nuclear power reactor has the requisite knowledge and experience to evaluate plant conditions and make these judgments. I The Commission is proposing to amend 10 CFR 50.54 (y) to permit a certified fuel handler at nuclear power reactors that have permanently ceased operations and permanently removed fuel from the reactor vessel to make these evaluations and judgments. A nuclear 24

I i

l l

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 shutdown or decommissioning nuclear power react or is an indvidual who has the requisite knowledge and experience to evaluate plant 3 1

I conditions and make these judgements.

J. Fracture Prevention Measures The regulations in 10 CFR 50.60, 50.61, and Appendices G and H specify the requirements for fracture toughness and material surveillance programs for the reactor coolant pressure boundary of LWRs. The intent of these regulations is to maintain reactor coolant pressure boundary integrity by assuring adequate margins of safety during any condition of normal operation, including anticipated abnormal operational occurrences.

Once a nuclea 9ower reactor permanently ceases operation, the fuel is removed from the reactor vessel in the containment and placed in tlM spent fuel pool or an ISFSI. Af ter the fuel has been removed from the containment, accidents and transients which affect the integrity of the reactor coolant pressure boundary can no longer occur. The measures required by these regulations are no longer necessary. Therefore, the Commission is proposing to amend 10 CFR 50.60, 50.61, and Appendices G and H to indicate their l nonapplicability to a nuclear power reactor facility that has 1

1 j

25

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 1.s to require improvements in the design and operation of LWRs to reduce the likelihood of reactor protection system (RPS) failure following anticipated operational occurrences. This regulation also requires improvements in the capability to mitigate the consequences of an ATWS event.

Although the ATWS event can be a significant contributor to operating plant risk, it is not relevant to nuclear power plants  ;

that have permanently ceased operations since fuel has been removed from the reactor and the RPS is no longer used. Therefore, the Commission is proposing to amenc 10 CFR 50.62 to indicate it.s nonapplicability to a nuclear power reactor facility that has pennanently ceased operations and permanently removed fuel from the r.eactor vessel.

u. 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

1

)

I that the controls, limits, and requirements for monitoring the ef fectiveness of maintenance is required during the permanently shut down and decommissioning phase of a nuclear power plant facility that has permanently ceased operations and has permanently removed fuel from the reactor vessel.~ b-o # " " ' '

• hK' M. Maintenance of Records and the Making of Reports

}

The requirements for licensees to periodically update the Final Safety Analysis Report (FSAR) are contained in 10 CFR 50.71.

The regulation requires that " persons licensed to operate a nuclear power reactor" update the facility FSAR annually or af ter each refueling outage with intervals not to exceed 24 months. In order to ensure that applicable sections of facility FSARs continue to be updated, the Commission is proposing to amend this regulation to l

make it applicable to licensees that have permanently ceased operation and permanently removed fuel from the reactor vessel, pursuant to Section 50. 82 (a) (1) .

IV. Criminal Penalties Provisions J

a. ,

The existing provisions of 10 CFR 50.82 are treated nonsubstantive and are not subject to criminal enforcement. Under the Commission's proposed amendments to 10 CFR 50.82, licensees I'

would be required to take certain actions which the Commission believes are essential in initiating the decommissioning process; 27

l l

e.g. , certifying to permanent cessation of operations and permanent )

removal of fuel from the reactor vessel, and submitting a PSDAR.

i Thus, t.be Commission believes that the amended provisions of 10 CFR l 50.82 should be considered as substantive and issued under,trhe 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) to remove the exemption for S 50.82 from the criminal penalty provisions.

Finding of No Significant Environmental Impact Availability The Commission has determined that under the National 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  ?

affecting the quality of the human environment and therefore an environmental impact statement is not required. The proposed rule would clarify current decommissioning requirements for nuclear power reactors in 10 CUR part 50, and set forth a more efficient, uniform, and understandable process. The Commission has already analyzed the major environmental impacts associated with decommissioning in the Generic Environmental Impact Statement (GEIS), NUREG-0586, August 1988 published in conjunction with the Commission's final decommissioning rule (53 FR 24018, June 27, 1988). The environmental assessment and finding of no significant impact on which this determination is based are available for f

{ 28

1 l

l inspection and photocopying for a fee at the NRC Public Document Room, 2120 L Street IM. (Lower Level), Washington, DC.

Paperwork Reductior Act Statement This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C.

5501 et seq.) This rule has been submitted to the Office of Management and Budget for review and approval of the information collection requirements.

The public reporting burden for this collection of information is estimated to average (number will be sucolied before oublication in the Fedgral Recrister) 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 of Information and Regulatory Affairs, NEOB-3019, (3150-0011),

Office of Management and Budget, Washington, DC 20503.

l l

29 l

L Regulatory Analysis l

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 regulatory analysis is available for inspection in the NRC Public

' Document Room, 2120 L Street NW. (Lower Level) , Washington, DC 20555. Single copies of the analysis may be obtained from Dr. Carl Feldman, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-6194.

The Commission requests public comment on the draft regulatory analysis. Comments on the draft analysis may be submitted to the NRC as indicated under the ADDRESSES heading.

1 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 small entities as given in the Regulatory 30

Flexibility Act or the Small Business Size Standards promulgated in f

regulations issued by the Small Business Administration (13 U.S.C.

Part 121).

Backfit Analysis i

The Commission is proposing not to apply the backfit rule, 10 CFR 50.109, to these proposed amendments, and therefore, a backfit analysis has not been prepared for this rule. The focus of the backfit provision in 10 CFR 50.109 is on operating reactors, and these proposed amendments would only apply to reaccors which have permanently ceased operations.

List of Subjects 10 CFR Part 2 Administrative practice, and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalty, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal.

10 CFR Part 50 l

Antitrust, Classified information, Criminal penalties, Fire protection, Incorporation by reference, Intergovernmental 31

relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.

10 CFR Part 51 i

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 is proposing to adopt the follow.ng amendments to 1L CFR Parts 2, 50, and 51.

32

1

\

RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS $

PART 2-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 j (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 J (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. 58'1) . Sections 2.302, 2. 1 03, 2.104,  !

2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239) . Sections 2.200-2.206 also J issued under secs. 161n, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2236, 2282); sec. 206, 88 Stat. 1246 (42 U.S.C. 5846). Sections 2.600-2.606 also issued under sec.102, Pub. L.91-190, 83 Stat. 853, as amended (42 U.S.C.

4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554.

Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557.

Section 2.764 and Table 1A of Appendix C also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under sec.103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 553. Section 2.809 also l issued under 5 U.S.C 553 and sec. 29, Pub. L.85-256, 71 Stat. 579, I as amended (42 U.S.C. 2039) . Subpart K also issued under sec.189, 68 Stat. 955 (42 U.S.C. 2239) ; sac. 134, Pub. L.97-425, 96 Stat. ,

2230 (42 U.S.C. 10154). Subpart L also issued under sec. 189, 68 j

Stat. 955 (42 U.S.C. 2239) . Appendix A also issued under sec. 6, i

Pub. L.91-550, 84 Stat. 1473 (42 U.S.C. 2135).

2. In S 2.1201, paragraph (a) (3) is added:

S 2.1201 Scoce of suboart.

(a) * * *

(3) Amendment of a Part 50 license following permanent i 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

PART 50- DONESTIC LICENSINC 0F PRODUCTION AIS UTILIZATION FACILITIES

1. The authority citation for part 50 continues to read as follows:

Authority: Secs.- 102,103,104,105,161,182,183,186,189, 68 Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282); l secs. 201, as amended, 202, 206, 88 Stat.1242, as amended, 1244,1246 (42 U.S.C.

5841,5842,5846).

Section 50.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 as amended by Pub. L. 102-486, sec. 2902,106 Stat. 3123, (42 U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68 Stat. 936, 955, as amended (42 U.S.C.

2131, 2235); sec. 102 Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), and 50.103 also issued under sec.108, 68 Stat. 939, as amended (42 U.S.C. 2138) . Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Soctions 50.33a, 50.55a and Appendix Q also issued under sec. 102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat.1245 (42 U.S.C. 5844).

Sections 50.58, 50.91, and 50.92 also issued under Pub. L.97-415, 96 Stat. 2073 Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 (42 U.S.C. 2239).

U.S.C.2152). Sections 50.80-50.81 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued under sec.187, 68 Stat. 955 (42 U.S.C. 2237).

2. In 5 50.2, the terms " Decommissioning activity," " Major radioactive i l

components, " Permanent cessation of op? rations," and " permanent fuel removal" are added to read as follows:

5 50.2 Definitions.

• * \

Decommissionine activity means, for a r.uclear 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 greater than class C wasteg ,., u s ,lA g U."/ .m Ma.ior radioactive components means, for a nuclear power reactor, the reactor vessel and internals, steam generators, pressurizers, large bore reactor coolant system piping, pumps, and valves.

Permanent cessation of operations _ means, for a nuclear power reactor, a certification by a licensee to the NRC that it has permanently ceased or will permanently cease reactor operation.

2

Permanent fuel removal means, for a nuclear power reactor, a certification by the licensee to the NRC that it has permanently removed all fuel from the reactor vessel.

3. In i 50.4, paragraphs (b)(8) and (b)(9) are added to read as follows:

5 50.4 Written Comunications.

(b)

(8) Certification of Permanent Cessation of Ooerations. The licensee's certification of permanent cessation of operations, pursuant to i 50.82(a)(1),

must state the date on which operations have or will be ceased, and must be submitted as follows:

(i) the signed and riotarized 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 6 50.82(a)(1), must state the date on which the fuel was removed from the reactor vessel and the disposition of the fuel, and must be submitted as follows:

.(i) the signed and notarized original and one copy to the Nuclear Regulatory Comission, 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.

4. In i 50.3'6, new paragraphs (c)(6) and (e) are added, and paragraphs (c)(6) and (c)(7) are redesignated as (c)(7) and (c)(8) to read as follows:

i 50.36 Technical soecifications.

(c)

-(6) Decommissioning. 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 operation; surveillance requirements; design features; and administrative controls will be developed on a case-by-case basis.

3

The provisions of this section shall apply to each nuclear power reactor(e)licensee whose authority to operate the reactor has been removed by license amendment, order, or regulation.

5. In i 50.36a, paragraphs (a) and (b) are revised to read as follows:

i 50.36a Technical 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 reasonably achievable, each licensee of a nuclear power reactor will include technical specifications that, in addition to requiring compliance with applicable provisions of 5 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 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 Comission terminates the license and shall retain each superseded revision of the procedures for three years from the date it was superseded.

(2) Each licensee shall submit a report to the Comission annually that specifies the quantity of each of the principal radionuclides released to i unrestricted areas in liquid and in gaseous effluents during the previous 12 months, including any other information as may be required by the coseitssion to estimate maximum potential annual radiation doses to the public resulting from effluent releases. The report must be submitted as specified in 5 50.4, and the .

time between submission of the reports must be no longer than 12 months. If 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 Comission may obtain from the licensee or others, the Comission may require the licensee to take action as the Commission deems appropriate.

(b) In establishing and implementing the operating procedures described in paragraph (a) of this section, the licensee shall be guided by the following .g considerations: Experience with the design, construction, and operation of compliance with the technical j ..

nuclear power reactors indicates that p specifications described in this section will keep average annual releases of p'g. G g radioactive material in effluents and their resultant committed effecthe_dosa ff equivalents at small percentages of the dose limits specified in i 20.1301 and -

in the license. At the same time, the licensee is permitted the flexibility of operation, compatible with considerations of health and safety, to assure that the public is provided a dependable source of power even under unusual conditions which may temporarily result in releases higher than such small percentages, but still within the limits specified in i 20.1301 of this chapter 4

and in the license. It is expected that in using this flexibility under unusual conditions, the licensee will exert its best off to keep levels of i levable. The guides f radioactive material in effluents as low as is reasona iting conditions for set out in appendix I provide numerical guidance operation for light-water cooled nuclear power reactors to meet the requirement that radioactive materials in effluents released to unrestricted areas be kept as low as is reasonable achievable.

6. In i 50.36b, the paragraph is revised to read as follows:

5 50.36b Environmental conditions.

Each license authorizing operation or possession of a production or utilization facility which is of a type described in 5 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 li 51.50 and 51.53 of tnis chapter as analyzed and evaluated in the NRC record of decision, and will identify the obligations of the licensee in the environmental area, including, as appropriate, requirements for reporting and keeping records of environmental data, and any conditions and monitoring requirement for the protection of the nonaquatic environment.

7. In i 50.44, paragraph (a) is revised to read as follows:

1 50.44 Standards for combustible cas control system in lieht-water-cooled power reactors.

(a) Each boiling or pressurized light-water nuclear power reactor fueled with oxide pellets within cylindrical zircaloy or ZIRLO cladding, other than reactor facilities that have submitted the certifications required under i 50.82(a)(1), must, as provided in paragraphs (b) through (d) of this section,-

include means for control of hydrogen gas that may be generated, following a postulated loss-of-coolant accident (LOCA) by---

8. In ! 50.46, paragraph (a)(1)(i)'is revised to read as follows:

i 50.46 Accootance criteria for emereency core cooline systems for licht water nuclear power reactors.

(a)(1)(i) Each boiling or pressurized light-water nuclear power reactor fueled with uranium oxide pellets within cylindrical zircaloy or ZIRLO cladding, other than reactor facilities that have submitted the certifications required under paragraph i 50.82(a)(1), must be provided with an emergency core cooling i system (ECCS) that must be designed so that its calculated cooling performance following postulated loss-of-coolant accidents conforms to the criteria set forth 5

in paragraph (b) of thi's section. ECCS cooling performance must be calculated in accordance with an acceptable evaluation model and must be calculated for a number of postulated loss-of-coolant accidents of different sizes, locations, and other properties sufficient to provide assurance that the most severe postulated loss-of-coolant accidents are calculated. Except as provided in paragraph (a)(1)(ii) of this section, the evaluation model must include sufficient supporting justification to show that the analytical technique realistically describes the behavior of the reactor system during a loss-of-coolant accident.

Comparisons to applicable experimental data must be made and uncertainties in the analysis method and inputs must be identified and assessed so that the uncertainty in the calculated results can be estimated. This uncertainty must be accounted for, so that, when the calculated ECCS cooling performance is compared to the criteria set forth in paragraph (b) of this section, there is a high level of probability that the criteria would not be exceeded. Appendix K, part II Required Documentation, sets forth the documentation requirements for each evaluation model.

9. In i 50.48, paragraph (f) is added to read as follows:

i 50.48 Fire protection.

(f) Licensees that have submitted the certifications required under i 50.82(a)(1) shall maintain a fire protection program to address the potential for fires which could cause the release or spread of radioactive materials (i.e., which could result in a radiological hazard).

(1) The objectives of the fire protection program are to: (i) reasonably prevent such fires from occurring; (ii) rapidly detect, control, and extinguish those fires which do occur and which could result in a radiological hazard; and (iii) ensure that the risk of fire-induced radiological hazards to the public, environment and plant personnel is minimized.

(2) The fire protection program shall be assessed by the licensee on a regular basis and revised as appropriate throughout the various stages of facility decoinnissioning.

(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 protection for systems and equipment which could result in a radiological hazard, taking into account the decommissioning plant conditions and activities.  ;

10. In i 50.49, paragraph (a) is revised to read as follows:

i 50.49 Environmental cualification of electric eeuipment 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.

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11. In i 50.51, the title is changed, and paragraph (b) is added to read as j follows:

5 50.51 Continuation of license.

(b) Each license will continue in effect beyond the expiration date, if necessary, with respect to possession of the production or utilization facility, until the Commission notifies the licensee in writing that the license is i terminated. During any period of continued effectiveness of a license beyond the l

license's stated expiration date, the licensee is prohibited from operating the L production or utilization facility and shall-l (1) Limit activities to:

g (1) actions necessary to decommission and decontaminate the facility; or (ii) actions necessary to maintain the facility, including the storage, control and maint ance of the spent ;uel, in a safe condition, and nduct activities in accordance with all other restrictions >c (2) applicable to t e facility in accordance with the NRC regulations and the provisions of the specific Part 50 license for the facility.

12. In i 50.54, paragraphs (o) and (y) are revised to read as follows:

i 50.54 Conditions of licenses.

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(o) Primary reactor containments for water cooled power reactors, other than reactor facilities that have submitted the certifications required under i 50.82(a)(1), shall be subject to the requirements set forth in appendix J to this part.

(y) Licensee action permitted by paragraph (x) of this section shall be i approved, as a minimum, by a licensed senior operator, or, at a 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.

13. In i 50.59, paragraphs (d), (e), and (f) are added to read as follows:

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i 50.5g Chances, tests and experiments.

(d) A nuclear power reactor licensee which has submitted the certifications required under i 50.82(a)(1) may conduct activities with regard to the facility, as described in paragraph (a) of this section, provided the changes could not:

(1) foreclose the release of the site for possible unrestricted use, or (2) significantly increase decommissioning costs, or (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 section 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 licensa no longer authorizes operation of the reactor.

14. In i 50.60, paragraph (a) is revised to read as follows:

5 50.60 Acceptance criteria for fracture prevention measures for lieht-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 submitted the certifications required under i 50.82(a)(1), must meet the fracture toughness and material surveillance program requirements for the reactor coolant pressure boundary set forth in Appendices 6 and H to this part.

15. In i 50.61, paragraph (b)(1) is revised to read as follows:

E 50.61 Fracture touchness requirements for protection against pressurized thermal shock events.

(b) Requirements. j (1) For each pressurized water nuclear power reactor for which an operating license has been issued, other than reactor facilities that have submitted the certifications required under i 50.82(a)(1), the licensee shall submit projected l values of Rim for reactor vessel beltline materials by giving values for the time of submittal, the expiration date of the operating license, the projected expiration date if a change in the operating license has been requested, and the projected expiration date of a renewal term if a request for license renewal has t been submitted. The assessment must use the calculative procedures given in paragraph (b)(2) of this section. The assessment must specify the bases for the The projection, including the assumptions regarding core loading patterns.

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submittal must list the copper and nickel contents, and the fluence values used in the calculation for each beltline material. If these quantities differ from those submitted in response to the original PTS rule and accepted by the NRC, justification must be provided. If the value of RT rn 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 ner.t reactor vessel material surveillance report, or 5 years from the effective date of this rule, whichever comes first.

These submittals must be updated whenever there is a significant change in projected values of RT,,, 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:

$ 50.62 Requirements for reduction of risk from anticipated transients without scram (ATWS) events for light-water-cooled nuclear power plants.

(a) Applicability. The requirements of this section apply to all coemercial light-water-cooled nuclear power plants, other than reactor facilities that have submitted the certifications required under i 50.82(a)(1).

17. In 5 50.65, paragraph (a)(1) is revised to read as follows:

5 50.65 Reeuirements for monitorine 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 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 and, where practical, take into' account industry-wide operating experience. When the performance or condition of a structure, system, or component does not meet established goals, appropriate corrective action shall be taken. 1 The requirements of this section shall also apply to each nuclear power ,

plant that has submitted the certifications specified in i 50.82(a)(1). This j section shall apply to the extent of all systems associated with the storage, l control, and maintenance of spent fuel in a safe condition. l 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 tc 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 decosmissioning cost estimate which ine'!udes an up-to-date assessment of the major technical factors that could affect cost estimating for decommissioning.

(f)(2) Each non-power reactor licensee shall at or about 5 years prior to the projected end of - operation submit a preliminary decommissioning plan containing a cost estimate for decosmissioning and an up-to-date assessment of the major technical factors that could affect planning for decommissioning. ,

Factors to be considered in submitting this information include-

-(i) 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 decosmissioning safely; (iii) The current situation with regard to disposal of high-level and low- .

level radioactive waste:

(iv) Residual radioactivity criteria; (v) Other site specific factors which could affect decommissioning planning and cost.

(f)(3) If necessary, the cost estimate submittal shall also include plans for adjusting levels of funds assured for decommissioning to demonstrate that a reasonable level of assurance will be provided that funds will be available when needed to cover the cost of decosmissioning.

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 licerise.

(a) For power reactor licensees--

(1)(i) When a nuclear power reactor licensee has determined to permanently cease operations, or when a final legally effective order to permanently cease operations has come into effect, the licensee shall, within 30 l days, submit a written certification to the NRC, consistent with the requirements  ;

of 5 50.4(b)(8) and; (ii) Once fuel has been permanently removed from the reactor vessel, l l

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submit a written certification to the NRC, consistent with the requirements of 5 50.4(b)(g).

(2) Upon receipt of the certifications for permanent cessation of operation and permanent removal of fuel from the reactor vessel, the Part 50 license for power reactors no longer authorizes operation of the reactor or emplacement of fuel into the reactor vessel. l (3) Decommiissioning 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 decosuiissioning beyond 60 years include unavailability of waste disposal capacity and other site-specific factors affecting the licensee's capability to carry out decommiissioning safely, including presence of other nuclear facilities at the site.

(4)(1) 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 decommiissioning 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 bounded by appropriate environmental impact statements. eM (ii) Theshall all notice receipt of the PSDAR and solicit public commient.

NRC also [schedvie a public meeting in the vicinity of the The NRC X lic) i facility upon receipt of the PSDAR. The NRC shall publish a notice in the Federal Register and in a forum, such as local newspapers, which is readily accessible to individuals in the vicinity of the site, announcing the date, time and location of the meeting, along with a brief description of the proposed purpose of the meeting.

(5) For a power reactor licensee, 5 50.59 may not be used to perform decommiissioning activities, as defined in i 50.2, until 90 days after the NRC has received the licensee's PSDAR submittal.

F In taking actions permitted under i 50.5g following submittal of the PSDAR, .e licensee shall notify the MRC, in writing, before taking any action inconsistent wii.h, or making any significant schedule change from, those actions and schedules , described in the PSDAR. This includes actions where various decomunissioning activities, as defined in i 50.2, may have been delayed by first placing the facility in storage, where less decommiissioning 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, decosuiissioning trust funds may be used provided that the withdrawal of funds would not reduce the decommissioning trust below an amount necessary to place and maintain the reactor facility in a safe storage condition until decommiissioning can be completed or inhibit the licensee's ability to complete funding of any shortfalls in the decommissioning trust needed to ensure the ultimate release of the site. Initially, 3% of the generic decomunissioning cost amount specified in i 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 deconsiissioning cost analysis must be 11 l

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, J- l submitted to e NRC prior to the licensee being permitted to use any additional X 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 deccessissioning 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 i 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 plained decossiissioning completion date as specified in the PSDAR.

(ii) The proposed license termination plan for power reactors must include--

(A) A site characterization; 1 (B) A description of remaining dismantlement activities; (C) Plans for site remediation; (D) Detailed plans for the final radiation survey; (E) A description of the end use of the site, if restricted;

-(F) An updated site-specific analysis of remaining decosmiissioning 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 decessiissioning 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 license termination.

(10) The Cosmiission will terminate the license if it determines that-(i) The decosmiissioning has been performed in accordance with the approved license termination plan and the order authorizing license termination; and (ii) The terminal radiation survey and associate documentation demonstrates that the facility and site are suitable for release.

(b) For non-power reactor licensees--

(1) A Licensee that permanently ceases operation must make application for i license termination within two years following permanent cessation of operations, and in no case later than one year prior to expiration of the operating license.

Each application for termination of license must be accompanied, or preceded, by a proposed decommissioning plan. The contents of the decommissioning plan are specified in paragraph 4 of this section. l (2) For decommissioning plans in which the major dismantlement activities  !

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.

(3) For decommissioning plans that delay completion of decommissioning by  !

including a period of storage or surveillance, the licensee must provide that--- l 12

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.g2, 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 Desian Ob.iectives and Limitine Conditions of Operation to Meet the Criterion "As Low As Is Reasonably Achievable" for Radioactive Material in Licht-Water-Cooled Nuclear Power Reactor Effluents.

SECTION I. Introduction. Section 50.34a provides that an application for a permit to construct a nuclear power reactor shall include a description of the preliminary design of equipment to be installed to maintain control over radioactive materials in gaseous and liquid effluents produced during normal conditions, including expected occurrences. In the case of an application filed on or after January 2, 1971, the application must also identify the design objectives, and the means to be employed, for keeping levels of radioactive material in effluents to unrestricted areas as low as practicable.

Section 50.36a contains provisions designed to assure tht releases of radioactive material from nuclear power reactors to unrestricted areas during normal conditions, including expected occurrences, are kept as low as practicable.

• l SEC. IV. Guides on technical soecifications for limitine conditions for l

operation for light-water-cooled nuclear power reactors licensed under 10 CFR Part 50. The guides on limiting conditions for operation for light-water-cooled )

nuclear power reactors set forth below may be used by an applicant for a license  ;

to 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.

I

c. If the data developed in the surveillance and monitoring program described in paragraph B of Section III or from other monitoring programs show that the relationship between the quantities of radioactive material released in liquid and gaseous effluents and the dose to individuals in unrestricted areas is significantly different from that assumed in the calculations used to determine design objectives pursuant to Sections II and III, the Commission may modify the quantities in the technical specifications defining the limiting conditions in a license to operate a light-water-cooled nuclear power reactor or a license whose holder has submitted certifications under i 50.82(a)(1).

SEC. V.

B. 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 14

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 expected occurrences, as low as is reasonably achievable.

EllVIROIEWAL PROTECTICII REGULATICIIS FOR DONESTIC LICDISIIIS AIEl PART 51-RELATED REEIRATORY FLAICTICIIS

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. 56*1, 5842). l Subpu c 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 i Pub. L.95-604, Title II, 92 Stat. 3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243). Sections 51.20, 51.30, 51.60, 51.61, 51.80, and 51.97 also issued under secs. 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 5 51.53, paragraph (b) is revised to read -as follows:

l (b) Post Operatina License Stane. Each applicant for a license amendment authorizing decounissioning activities at a production or utilization facility covered by 5 51.20, either for unrestricted use or based on continuing use restrictions applicable to the site; and each applicant for a license or license '

amendment to store spent fuel at a nuclear power reactor . . .

3. In i 51.95, paragraph (b) is revised to read as follows:

(b) Post Operatina License Stace. 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 fue! et a nuclear power reactor . . .

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Dated at Rockville, Maryland, this day of 1995.

For the Nuclear Regulatory Commission.

John C. Hoyle, Acting Secretary of the Commission.

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ATTACHMENT 3 Draft Regulatory Analysis l

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Reculatory Analysis Amendments to 10 CFR Parts 2, 50, and 51 On Decommissioning of Nuclear Power Reactors

1. Statement of Problem When the decommissioning regulations were publishad 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 Co mission is proposing to amend the decommisnioning regulations in 10 CFR Parts 2, 50, and 51 to clarify ambiguities in the current regulations, and to codify procedures and terminology that have been used on a case-by-case basis. The Commission believes that the proposed amendments would enhance efficiency and uniformity in the regulatory process of

' decommissioning nuclear power plants. The proposed amendments would permit the public to more fully participate in the decommissioning process andfurnish the licensed community and the i I

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l 2 public a better understanding of the process as the operating personnel at a nuclear power plant 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 Commission's approval of the licensee's termination plan.

2. Obiectives The conceptual approach the Commission has chosen divides the decommissioning activities into phases I, ' , and III. Phase I deals with those licensing activities that the licensee undertakes prior to placing the power reactor in a storage mode.

Thase II deals with licensee activities during the storage period, and Phase III deals with the activities the licensee undertakes to terminate the license. The implementation aspects 1

of this approach comprise the following objectives (the i requirements' of which are mainly in 50.82 (b) ) .

1. At the initiation of Phase I, certification would be provided to the NRC that the licensee has permanently ceased operation and permanently removed all fuel from the reactor vessel. These certifications would be defined in S 50.2, specificity presented in S 50.4 (8) and (9), and required in S 50. 82 (a) (1) . At this l

time, the licensee, through rule codification, would no longer be i

permitted to operate the reactor.

The licensee would no longer be required to 2.

j

comply with all Part 50 requirements. Those that are unnecessary would be eliminated and others that require modification would be changed, through codification, in recognition of the licensee's permanent possession-only status.

.3. No major decommissioning activities, as defined in S 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 cost estimate, as required in 50.82 (a) .

4. Prior to undertaking major decommissioning activities, the i

licensee would be required to provide the NRC with a post shutdown decommissioning activities report (PSDAR) that provides a schedule of planned decommissioning activities, an estimate of the decommissioning costs expected to be incurred, and a i

discussion of environmental impacts. The NRC would then inform the public of the licensee's intent to decommission and solicit public comment on the proposed activities and would hold a public meeting held'in the vicinity of the site to describe the planned activities and receive additional public comments.

5. After a short period of time for the NRC to respond to public comments (no more than 90 days f rom the time of NRC's receipt of i the PSDAR) , the licensee would be permitted to perform major f decommissioning (i.e. , dismantlement) activities. Major decommissioning activities would permitted to be conducted by the suitably licensee provided they met the criteria in 10 CFR 50.59, 3

modified to permit its use during the decommissioning process.

The terns " decommissioning activity" and " major radioactive components" are defined in S 50.2.

6. Phase II would be comprised of a period of storage.

7. Phase III would be initiated when the licensee's app]ication to terminate the license and license termination plan were received by the NRC. At this time a supplemental environmental report would also be required if there was the possibility of significant environmental impacts not previously covered in other reports.

8. The Commission would notice receipt of this information and provide opportunity for a Sabpart L hearing provided there was no spent fuel onsite. After resolution of comments, the Commission would issue a termination of license order.

9. Once this order had been carried out by the licensee and the Commission had determined that the licensee was in compliance with that order then the Commission would terminate the license.

There are two aspects of these proposed regulatory changes that can affect both power and non-power reactor facilities, and are addressed in the rulemaking for purposes of clarification. The first aspect proposes that environmental requirements (in 10 CFR

51) for conditional release situations be explicitly considered.

This would be based on finalization of 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 4

terminates it, and further clarifies what conditions prevail under such circumstances. Even though for non-power reactors it is unlikely there would be any delay in completing l

decommissioning, there may be unforeseen circumstances where this is ncc possible.

3. Alternatives j The conceptual approach and it's implementation presented in the objective requires that all the objective elements described be  ;

retained for cohesiveness. Therefore, the following alternatives considered in this regulatory analysis are for all of the objectives described above.

3.1 Alternative- Take No Action 1 i

This alternative was rejected because it would not clarify the decommissioning process for power reactors, nor for certain' specifics of non-power reactors. This alternative wouldnbtberesponsivetoaddressingthecurrentresource burdens for the Commission and its licensees.

3.2 Alternative- Regulatorv Guidance l

l This alternative was rejected because it would not provide the necessary regulatory basis to mandate particular licensee actions. In order to maintain regulatory 5

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flexibility. consistent with current regulatory needs, many_

substantive changes to the way in which decommissioning activities are defined and permitted to be performed in the regulations are necessary.

3.3 Alternative- Rulemaking This alternative was selected because it would codify procedurer tad definitions for decommissioning eativitics that nav een dealt with on a case specific basis and revise ruquirements which presently exist within 10 CFR parts 2, 50, and 51, or represent activities consistent with good practice, providing a firm regulatory basis for their generic implementation.

4. Regulatory Imoact- Oualitative Costs and Benefits l

The detailed analysis of the costs and benefits associated

( with decommissioning were discussed in the Generic Environmental l

l Impact Statement and Regulatory Analysis accompanying the final decommissioning rule in 1988. The amendments being proposed in this rulemaking serve to replace a large percentage of the case-by-case decommissioning that is occurring under the present regulatory framework. The costs and benefits discussed for the 1988 rule continue to be valid.

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The critical elements of the current regulations have been retained, although somewhat modified. Although the proposed amendments to 10 CFR parts 2, 50, and 51 would replace many current requirements on nuclear power reactor licensees, they would not result in lessening the safety objectives of the original requirements, while permitting greater public participation and provide grater flexibility to the licensee in carrying out necessary decommissioning activities. Recognizing that financ?21 assurance is an irportant consideration, a preliminary site-specific cost estimate will still be required (S 50.75(f)) just as in the current rule, as well as submittal of a j site specific cost estimate two years after permanent cessation of operation (S 50.82 (a)) . The decommissioning plan requirement for power reactors has been eliminated, and replaced with a ,

requirement for a PSDAR submittal (which describes the licensees intended decommissioning activities, expected costs, and environmental impacts) and an NRC held public meeting to inform and take comment from the public on the licensee's proposed decommissioning actitiies. The PSDAR, similar to the current rule requirement for the decommissioning plan, must be submitted within two years of permanent cessation of operation. The initiation of licensee decommissioning activities has been I

{ defined through NRC receipt of the licensee's certifications of permanent cessation of operation and permanent removal of fuel from the reactor vessel. Through codification, once the NRC receives these certifications, the licensee would no longer be 7

permitted to operate the reactor. At this time the licensee's fees would be substantially reduced (based on S 171.5 definitions) and various Part 50 technical requirements, except those pertaining to spent fuel, eliminated or modified. These Part 50 amendments are specified in this proposed rule. Thus the licensee would no longer need to submit a request for a

" possession only license" amendment and the process of providing regulatory relief to a licensee that permanently shuts down the reactor car. more efficiently and uniformly be accomplished. This would result in resource savings for both the licensee and the NRC.

The mechanism that would allow the licensee to perform decommissioning (dismantlement) activities in this proposed rule is the process outlined in S 50.59, that has been suitably I' modified to ensure that the licensee's review of the planned decommissioning activities are appropriate. The licensee could not use the S 50.59 process for major decommissioning activities until ninety days after the NRC receives the PSDAR. Definitions  ;

of " decommissioning activity" and " major radiactive components" have also been included in the proposed rule so that no ambiguities remain concerning use of the S 50.59 process as described in proposed 550.82(a). Along with the elimination of the requirement to submit a proposed decommissioning plan l

initially and the allowance for use of the 550.59 process to l

undertake decommissioning activities, licensees would be allowed to use decommissioning trust funds provided there are adequate 8

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funds remaining to place the facility in storage until decommissioning could be completed or enable the licensee to complete funding of any shortfalls in the decommissioning trust needed to ensure the ultimate release of the site.

Af ter, presumably, a period of storage (up to 60 years af ter permanent cessation of operation, as in the current rule), the l I

proposed rule requires that the licensee submit an application to (

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tenminate the license along with a license termination plan. The elements of the plan are similar to those required for a )

decommissioning plan in the current rule. The rule would also require consideratirl of a supplemental environmental report if substantive impacts are expected to occur that have not already been considered, as currently required. The remainder of the l rule requirements are the same as in the current rule except that prior to Commission approval of the license termination plan, opportunity is given for a Subpart L hearing provided spent fuel l was removed from the site. This is a less formal hearing than required in the current rule, a Subpart G hearing, because the decommissioning activities requiring consideration are very similar to those of a material facility, where a Subpart L l hearing is used.

The proposed amendments are very similar in concept to what is currently :.44uired or has been allowed on a case specific basis. The major significant change in the decommissioning process is the elimination of the need for the licensee to submit a decommissioning plan early in the process and to permit the 9

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licensee to begin decommissioning activities that meet the requirements of S 50.59 after submittal of a PSDAR. The other significant change is the holding of a public information meeting by the NRC. This requirement is not in the current rule, but constitutes good practice and makes the process more efficient by providing an opportunity for the public to participate and acquire accurate information as the licensee begins the decommissioning process. As in the current rule, after a period of storage, a more detailed plan would still be required. This more detailed plan becomes in the proposed rule the license termination plan because a number of decommissioning activities may already be completed. The primary purpose for this plan is for the NRC to have an opportunity to review and approve the licensee's site release plans. Ir. some situations, use of trust funds have been allowed, before final decommissioning plan approval by the NRC. The proposed amendments allow such use to be applied in a more uniform manner without compromising the I

purpose of the financial assurance requirements specified through the current rule.

Finally, there are two aspects of the proposed rule pertaining to power and non-power reactors that are needed for clarification purposes. The first clarifies that an expired license cannot be terminated until the Commission makes such a decision and describes what activities are permitted during this time. The second clarifies that, based on finalization the ,

l' proposed residual radioactivity criteria rule, licensees planing 10 1

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I for conditional release need to consider this as an element in their environmental report.

The proposed rule amendments do not compromise health and safety, are more easily implemented by licensees, more efficient i

in their design, and less complex than current rule requirements, and allow the public to more fully participate in the decommissioning process, while responsive to current licensing 4

needs. Their cost, aside from the cost of codification-which is I l

relatively minor, is no more than and most likely considerably less than the current rule requirements. When this likely reduction is multiplied by the 109 current power reactor licensees, the potential for cost savings is considerable.

5. Decision Rationale The qualitative assessment of costs and benefits discussed ,

above leads the Commission to the conclusion that the overall impact of the rulemaking will be a reduction in licensee costs, primarily due to the efficiency, uniformity and flexibility of the decommissioning process that these amendments afford.

Although there are apparent costs associated with several of the proposed amendments, the Commission believes that those costs are the same ones that would have been incurred by licensees under the current rules and case specific exemptions and/or modifications to their licenses, and that the benefits associated with the entire set of regulatory amendments outweighs the costs.

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6. Implementation 6.1 Schedule No implementation problems are expected. No effect on other schedules is anticipated. The staff anticipates that there should be no need for additional resources to implement the revised rule since the effort previously expended on review of the preliminary decommissioning plans for nuclear. power reactors can'be re-programmed to review the PSDAR submittals q and conduct S 50.59 inspactions.

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ATTACHMENT 4 Environmental Assessment I

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i ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT j ON l

vR0 POSED RULE ON " DECOMMISSIONING OF NUCLEAR POWER REACTORS" i

I, THE ACTION l

The action is a proposed rule to amend 10 CFR parts 2, 50, and 51 to clarify ambiguities in the current regulations, and to codify procedures and terminology that have been used on a case-by-case basis. Most of the programmatic aspects that control licensee decommissioning requirements are specified in proposed amendments to Section 50.82(a). Once the licensee of a power reactor certifies to the NRC their intent to permanently cease operation and that fuel has been ,

permanently removed from the reactor vessel, through rule codification, the licensee would no longer be permitted to operate the facility, and again through rule codification, to modify or remove certain technical requirements of part 50 that would no longer be needed. The !icensee would be required to submit a post j shutdown decommissioning activity report (PSDAR) (within two years after the l licensee certification of permanent cessation of operation) that specifies decommissioning activity schedules, estimated decomissioning costs, and an assessment of environmental considerations.

Within 90 days after the NRC receives the PSDAR, and approximately 30 days after the NRC holds a public i meeting on this subject, the licensee may parform major decommissioning l

activities provided they meet the requirements of 10 CFR 50.59. The licensee may also use decommissioning trust funds throughout the decommissioning process, provided they follow the criteria outlined in 10 CFR 50.82. Two years before the l

licensee's projected termination of license date, the licensee would be required to submit a license termination plan, along with an application for license termination. At this time the Commission would provide opportunity for a Subpart L hearing (proposed addition of Section 2.1201(a)(3)) (provided spent fuel had been removed from the site) and, after comment resolution, issue an order.

authorizing the licensee to implement a Commission approved version of the license termination plan. Once the licensee has accomplished decommissioning and the Comission is satisfied with the licensee's action, the Commission will issue an order terminating the license.

For clarification purposes, the terms " permanent cessation of operation,"

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" permanent fuel removal," " decommissioning activity," and " major radioactive components" have been defined in 10 CFR 50.2. The certification requirements for

" permanent cessation of operation," and permanent fuel removal" have been i _specifica in 10 CFR 50.4.

l There are two aspects of the proposed rulemaking that can affect both power and non-power reactors ;nd are addressed for purposes of clarification. The l first proposes that environmental requirements for conditional release situations be explicitly considered (in 10 LFR 51) and are 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.

II. THE NEED FOR THE RULEM/ KING ACTION The current regulations in 10 CFR 2, 50, and 51 set forth a process for decommissioning that is inadequate for current licensing needs. 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 decomission at the end of the operating license. Since that time a number of licensees have shut down prematurely without having submitted a 4

decomissioning plan, and 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. l The current decomissioning process tends to result in an inefficient use of licensee and NRC resources and lacks the flexibility necessary to encompass current regulatory needs. In addition, the public is less able to understand and participate in the process and recognize the requirements and restraints imposed 1

on licensees from the time of permanent cessation of operation through to license termit.ation. Thus, a restructurinq of the decomissio' lina requirements, j

l codification of past Comission adjudicatory decisions on decomissioning, and a clarification of terminology is believed necessary.

III. ALTERNATIVES TO THE RULEMAK:NG ACTION i

As requi' red by 5102(2)(E) of NEPA (42 USC 4322(2)(E)), possible alternatives to the action have been considered. Three alternatives were considered.

l Alternative 1- No Action l

Alternative 1 maintains the status quo which involves case-by-case decisions with respect to decomissioning issues, and no clarification of ambiguities in the parts 2, 50, and 51 regulations. The impacts would be

continued inefficient use of licensee and NRC resources, less participation by  !

the public in the decommissioning process, and less understanding by the public of the requirements and restraints imposed on permanently shut down nuclear power plant licensees. i Alternative 2- Acquiator_y Guidance Under this alternative, the NRC would issue regulatory guidance to address the ambiguities and issues which are being considered as subject for rulemaking. This action would not by definition provide the mandatory regulatory basis necessary to clarify the parts 2, 50, and 51 requirements.

Alternative 3- Rulemakinn Under alternative 3, the NRC would amend the current regulations in parts 2, 50, and 51 to clarify ambiguities in the requirements, codify elements of existing Commission adjudicatory decisions that deal with decommissioning issues, and define existing terminology. Licensees, the NRC, and the public will have a fuller underst.anding of the decommissioning process delineated in the proposed rule for nuclear power plants, and the affects of license termination and conditional release will be clarified for non-power reactors as well.

IV. ENVIRONMENTAL IMPACTS OF THE ACTION The Commission has examined the current regulatory framework for decommissioning to ascertain the appropriate regulatory path to take that would 4

ameliorate current licensing concerns without compromising health and safety.

The proposed rule would preserve the substantive elements of the current rules, but allow the licensee more latitude, subject to appropriate constraints, in completing the necessary decommissioning activities. Four of the proposed rule changes involve the clarification of existing, or creation of new reporting requirements which the NRC has previously determined to meet the criteria for a categorical exclusion in 10 CFR 51.22(c)(3). The three new amendments are the requirements for a licensee to certify to permanent cessation of operation and permanent removal of fuel from the reactor vessel in 5 50.82(a)(1) and the requirement for a post shutdown decommissioning activities report in 5 50.82(a)(4). The clarification of an existing reporting requirement is the amendment to 5 50.71 which extends the reporting requirements to include holders of a Commission approved license termination plan. The amendment to 10 CFR part 2 to afford an opportunity for a Subpart L hearing at license termination plan approval, and the amendment to 10 CFR 50.82 to require that NRC convene a public meeting fall within categorical exclusions to 10 CFR 51.22(1) and (2).

The remaining amendments relate to programmatic modifications to the decommissioning process, clarification of ambiguous regulations, defining terms already in pa 50 or the supplementary guidance information accompanying the issuance of the current decommissioning rule amendments, and codifying aspects of Commission adjudicatory decisions involving decommissioning issues. For programmatic modification, the decommissioning plan example, regarding requirement in the current rule has been replaced by the PSDAR requirement (submitted within two years of permanent cessation of operation - the same time period as the current rule) followed by the requirement of a license termination pl an. This is very similar to the current rule requirement for a storage 5

I decomissioning mode where a less detailed decommissioning plan is initially l

required followed by a more detailed one prior to license termination activities.

l Also, the allowance of licensee decomissioning trust fund to be used at various stages of the decommissioning process is similar to the current rule requirements l

regarding financial assurance because criteria are imposed that ensure that a l licensee will always have sufficient fund to maintain a storage mode until l

completion of decommissioning and that sufficient funds will be maintained in the trust to make up for any short-fall of fund required to complete decommissioning.

As a final example, a section of part 50 regulations would be amended to clarify their applicability or limited applicability to permanently shut down nuclear power reactors. These amendments would not create new requirements, but would serve to clarify existing requirements and in many instances eliminate the need for licensees to seek exemptions from these requirements to address their status of no longer having fuel in the reactor vessel. Establishing, through codification, the requirement that licensees that have permanently ceased operation and permanently removed fuel from the reactor vessel can no longer operate, does not create a new requirement on the licensee beyond those currently l

I imposed through part 50 and allows for a substantial reduction in licensing fee, at that time, biased on the definitions presented in i 171.5 for fee structure.

I The environmental impacts of these actions are those which were discussed in the Final Generic Environmental Impact Statement (GEIS) on decommissioning of nuclear facilities NUREG-0586).1.icensees of permanently shut down nuclear power reactors should be able to conduct decommissioning activities in a more timely  :

and efficient manner under the revised regulatory scheme. In the Final GEIS, the NRC found that decommissioning has many positive environmental impacts. These f

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include the return of valuable lands and structures to the public domain and the elimination of potential . problems - associated with an increasing inventory of radioactively contaminated facilities. The major adverse impacts associated with decomissioning are routine occupational exposures and the comitment of small amounts of land to radioactive waste disposal. Other impacts, including public radiation doses, were shown to be minor. Since the regulatory revisions do not fall outside the scope of the GEIS or create new requirements beyond the reporting requirements discussed, it can be concluded that the rulemaking will 4 have no adverse impact on the environment.

V. FINDING OF NO SIGNIFICANT IMPACT f The Comission has determined under the National Environmental Policy Act of 1969, as amended, and the Comission't regulations in 10 CFR part 51, that the amendments to 10 CFR parts 2, 50, and 51 revising and clarifying the regulatory process for decomissioning nuclear power reactors, will not have a significant impact on the quality of the human environment and that an environmental impact statement is not required. This determination is based on the foregoing environmental a~ssessment performed on accordance with the procedures and criteria in part 51 " Environmental Prc,tection Regulations for Domestic Licensing and Related Regulatory Function."

VI. MAJOR REFERENCE DOCUMENTS

1. Final Generic Environmental Impact Statement on Decomissioning of Nuclear Facilities, NUREG-0586, U.S. Nuclear Regulatory Comission, Office of 7

Nuclear Regulatory Research, Washington, DC, August 1988.

VII. PERSONS CONTACTED: None.

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Public Announcement T be S yf f.'r g f 3 Pb l

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ATTACHMENT 6

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l Congressional Letters 1

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}(p [% UNITED STATES

! O S NUCLEAR REGULATORY COMMISSION E WASHINGTON, D.C. 20555-0001 if

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The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Comittee on Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

Enclosed for the information of the Subcomittee is a copy of a notice of proposed ruls to be published in the F_rderal Reaister. The Nuclear Regulatory Comission (NRC) is proposing to amend its regulations on decommissioning for power reactor licensees.

The proposed rulemaking would revise specific regulations pertaining to nuclear power reactors that permanently cease operation. These changes would include provisions in Parts 2, 50, and 51 to clarify the applicability of certain regulations to permanently shutdown nuclear power reactors and provide for public participation in the process. 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.

As proposed the licensee would be able to begin decommissioning activities after submitting a report of the planned activities to the NRC. The NRC would then hold a public meeting to discuss the planned activities and receive public comments on the proposed activities.

The proposed tule would also change mary Part 50 rule requirements that would be unnecessary or require modification during the decommissioning process.

The licensing fee would also be substantially reduced because the license would no longer meet the definition for an operating license as specified in the requirements.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs j

Enclosure:

Federal Register Notice cc: Representative Frank Pallone

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} g 4 UNITED STATES l < S NUCLEAR REGULATORY COMMISSION N WASHINGTON, D.C. 2065H001 f

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The Honorable Lauch Faircloth, Chairman i Subcomittee on Clean Air, Wetlands, Private

! Property and Nuclear Safety l

Comittee on Environment and Public Works

United States Senate l Washington, DC 20510 i

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Dear Mr. Chairman:

Enclosed for the information of the Subcomittee is a copy of a notice of proposed rule to be published in the Federal Reaister. The Nuclear Regulatory Comission (NRC) is proposing to amend its regulations on decomissioning for power reactor licensees.

! The proposed rulemaking would revise specific regulations pertaining to nuclear power reactors that permanently cease operation. These changes would j l

include provisions in Parts 2, 50, and 51 to clarify the applicability of certain regulations to permanently shutdown nuclear power reactors and provide c

for public participation in the process. The proposed amendments would clarify arr.biguities that have arisen in the past and codify practices which have been utilized for other licensees on a case-by-case basis.

As proposed the licensee would be able to begin decomissioning activities ,

after submitting a report of the planned activities to the NRC. The NRC would l then hold a public meeting to discuss the planned activities and receive i public coments on the proposed activities.

The proposed rule would also change mary Part 50 rule requirements that would be unnecessary ~or require modification during the decomissioning process.

l The licensing fee would also be substantially reduced because the license l

would no longer meet the definition for an operating license as specified in l

the requirements.

Sincerely, l

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice cc: Senator 'h:b Graham

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