ML20216F828
| ML20216F828 | |
| Person / Time | |
|---|---|
| Issue date: | 02/08/1995 |
| From: | Weiss S Office of Nuclear Reactor Regulation |
| To: | Glenn J NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20216F445 | List: |
| References | |
| FRN-60FR37374, RULE-PR-2, RULE-PR-50, RULE-PR-51 AE96-1-019, AE96-1-19, NUDOCS 9803190103 | |
| Download: ML20216F828 (3) | |
Text
{{#Wiki_filter:I6 -
/g February 8, 1995 l
MEMORANDUM T0: John E. Glenn, Chief RE96-Of Radiation Protection and Health Effects Branch Division of. Regulatory Applications Office of Nuclear Regulatory Research FROM: Seymour H. Weiss, Director Non-Power Reactors and Decommi(original ssioning signed by) Project Directorate' Division of Project Support Office of Nuclear Reacter Regulation
SUBJECT:
RECOMMENDED REVISION TO 10 CFR REGULATIONS FOR DECOMMISSIONING t In the enclosed documents, you will find our markup of your draft Commission paper, proposed 10 CFR Part 50 revisions and Supplementary Information. In terms of general comments, ife feel that this package is a marked improvement upon that which was proposed in July of last year. There is one - specific point that Brian Grimes, Director, Division of Project Support, NRR, felt was important but is not identified in the text. He felt that a - redline / strikeout version of the regulation changes should be sent as well as j the formal package. This would be helpful to facilitate Commission evaluation ' of the proposed rule. , If you have any questions or concerns, please contact either Singh Bajwa at 415-1013 or Anthony W. Markley at 415-1169. Thank you for your support.
Enclosure:
As stated DISTRIBUTION: Central File MMa'sch OGC i ONDD r/f BJones, OGC I D0PS r/f MKnapp, h?iss BGrimes BMorris, RES BDLiaW CFeldman, RES F j SWeiss i SBajwa AMarkley EHylton J ON ONDD:PM sW ONDD:D n ONDD:SC[ SBajwad SWeiss AMar)1e
/95 Z/T/95 7 /y/95 2 /F/95 l
l OFFICIAL RECORD COPY l DOCUMENT NAME: G:\SECY\MARKLEY\ WEBER.AWM ! l 9803190103 980311 PDR PR I
. . ,.j2, 60FR37374 PDR [{9 l J
-{pa tt s 84 UNITED STATES j
S[-- t NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20666 4 001
.,,,, February 8, 1995 a
MEMORANDUM T0: John E. Glenn, Chief Radiation Protection and Health Effects Branch Division of Regulatory Applications Office of Nuclear Regulatory Research-FROM: Seymour H. Weiss, Director Non-Power Reactors and Decommissioning Project Directorate Division of Project Support Office of Nuclear Reactor Regulation
SUBJECT:
RECOMMENDE9 REVISION TO 10 CFR REGULATIONS FOR DECOMMISSIONING In the enclosed documents, you will find our markup of your draft Commission paper, proposed 10 CFR Part 50 revisions and Supplementary Information. In terms of general comments, we feel that this package is a marked improvement upon that which was proposed in July of last year. There is cne
.<pecific point that Brian Grimes, Director, Division of Project Support, NRR, felt was important but is not identified in the text. He felt that a l redline / strikeout version of the regulation changes shorld be sent as well as the formal package. This would be helpful to facilitate Commission evaluation of the proposed rule.
If you have any questions or concerns, please contact either Singh Bajwa at 415-1013 or Anthony W. Markley at 415-1169. Thank you for your support. l I
Enclosure:
l As stated l l
)
i l 1
.,-n s
a s From: Carl . Feldman (CXF)
- To: LBB, BWJ, AWM Date: Thursday, January 26, 1995 5:21 pm
Subject:
DECOMMISSIONING RULE PACKAGE The decommissioning rule package has been signed off by Morris in his role as Chairman of the Steering Committee and is being circulated for office concurrance with a due date of c ebruary 10. To facilitate your review, I am attaching the. commission paper,'supplenentary information, and rule language. Files: G:\FELDMAN\DECC.CF\COMPAPER.DEC, G:\FELDMAN\DECC.CF\DEC3. CAT, G:\FELDMAN\DECC.CF\SIl.CFI l l l l l
, . n l
l J 1 FOR: The Commissioners FROM: James M. Taylor, Executive Director for Operations
SUBJECT:
PROPOSED RULEMAKING - REVISION T0 10 CFR PARTS 2, 50, AND 51, RELATED TO DECOMMISSIONING OF NUCLEAR POWER REACTORS PURPOSE: To provide the Commission with a notice of proposed rulemaking amending the decommissioning regulations in 10 CFR Parts 2, 50, and 51. This responds to a Staff Requirements Memorandum dated October 5, 1994 that requested the staff l 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 i certain regulations to permanently shutdown nuclear power reactors. In , addition, the proposed rulemaking would amend the decommissioning regulations i inPart50tocodify(froceduresandterminology)thathavebeenusedina j number of specific cases. - _ Q m a d e t W, k e r 1t Vstov e BACKGROUND: gymy) y de/gQ 9)Subihbde. nygggin In SECY-94-la, "Notic.c of Proposed Rulemaking on Decommissioning of Nuclear Power Reactors," dated July 7, 1994, the staff provided two Options for revising the decommissioning regulations for nuclear power reactors. That proposed rulemaking was intended to codify Commission direction addressed in an SRM dated June-30, 1993 regarding the decommissioning activities a licensee could undertake following 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 0GC that set forth l CONTACT: Dr. Carl Feldman, RES 415-6194 r$d7NCDYY.NAS4AY,}lLE. fic Wei p aSey S. Jones, 0& C.
#S -/(,zT .
4 i The Commissioners additional provisions that would have limited the type of decommissioning j activities a-licensee could undertake following permanent cessation of operations.
-A mk 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 l Commissioners on the framework for a revised rule prior to beginning any new i proposed rule. A suggested decommissioning approach from Commissioner Rogers 1 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- 1 Theproposed.uleincludedintheFederalReaisterNoticefollowsthehppoach outlined by Commissioner Rogers in the October 5, 1994 SRM. Any differences i 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 6 50.82, Termination of license. A new section U , is added that specifically applies to power reactor licensees. Provisions is lude a 30 day limit for_a licensee to notify the NRC of their decision to permanently cease operations, l and a requirenent to submit written certification to the NRC when fuel has L been permanently removed from the reactor vessel. l Once these certifications are received the Part 50 license wculd no longer authorize operation, and as stated the proposed rule, a number of l , requirements that specifically add- operating limits would no longer apply.h This would include 5 50.44, Standa, ior combustible gas control system'in light-water-cooled power reactors; 6 30.46, Acceptance criteria for emergency core cooling systems for light-water nuclear power reactors; 50.49, , Environmental qualification of electric equipment important to safety for ! nuclear power plants; G 50 60, Acceptance criteria for fracture prevention measures for light-water nuclear power reactors for normal operation; 50.61, 4 Fracture toughness requirements for protection against pressurized thermal shock events; and 5 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 0.36a, Technical specifications on effluents from nuclear power reactors; 0.36b, Environmental conditions; 5 50.48, Fire protection; s 50.65, quirements s for oring the eff ecuveTieg.,adatenance at nuclear power M & 76 %bSczY Sg6flc'ykcN pl,,G/-e rew A s peh eg - M we heaal dwpw M yew y H&. as a sh h e w o
- kyu Wr-
o s The Commissioners fee <ck plants; Appendix I, Numerical Guides for Design Objectives and Limiting Conditions of Operation to Meet the Criterion "As Low As Reasonably f6" Ne> 6^ 7'%8,5 Achievable" for Radioactive Material in Light-Water-Cooled Nuclear Power Reactor Effluents, and f 50.111, Criminal penalties. In the areas of firet [ 7a 4 protection and maintenance the requirements that would apply would be commensurate with the risks associated with the presence of spent fuel onsite. In-th; bsense ui spent ivel these requir;nr.t3 ;;;uld be further reduued te address ea'y dc= % W =t4vities. The proposed rule would al.so require a licensee to submit a post shutdown decommissioning activities report (PSDAR) within 2 years of permanently ceasing operatien. 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 preliminary 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 activiti uM be covered by the existing environmental assessmen p g//, The proposed rule also at the NR will notice the availability of the PSDAR and solicit public comment the r port. In addition, the proposed rule staigs that the NRC)will scMdule a meeting in the vicinity of the cite and will uistduute the%otice4Fnewspapers local to the site, announcing the [j"l ',' " date, time, and location for the public meeting, 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 the proposed rule, at the end of the 90 days, licensees would be permitted to begin decommissioning activities provided they meet the criteria in S 50.59. A new paragraph G 50.59(d) has been added to the proposed rule that would codify the Commission's criteria in January 13, 1993 SRM that addressed decommissioninr, 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 schedtde. This provision was included to ensure that once a licens has committed to following a schedule, and so informed the NRC and the blic, that significant changes to the schedule 3 i - e Sckedvle 2 ad s 2c s J)cle
$ se BN2 3re Cocl. eb k y . sed Sec . Sb.T 7Xe cvNeva' Jwe Jeeu mef,& % ,ej)g-f (pmmen'ff meelved
- n $be
~ !hP'N'y bVe^eW b 2ndh$if c,h itnd vcfokhe 7b 0e cwt 00*b The Commissionars 7 <51 ekeke, cac/csed 33 O2cA%Y
/
) corus y would be proviceq_to_1tutlG that an inspections of s 50.Z activities could c=tkF.Qe n a$
The proposed rule would pernit power r actor licensees to withdraw limited amounts from the decommissioning trus fund without NRC apprm/J crovided the conditions in the Commission's drif olicy statement on ths JSC_%_ decommissioning trust funds are met. jli) addition, the proposed rule would "rp, aTioTTIcesseertTrthe use a Timited amount (3%) of the generic 4 f/ decommissioning cost amount specified in 6 50.75. The percentage chosen compares with the de minimis value expressed in 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 j 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 su;..tittal 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 l estimate. The proposed rule would require this submittal no longer than two years after permanent cessation of operations. This requirement in the y], current r 1 has been retained to provide the NRC with assurance that s C #N "/f
-plicense have adequately assessed the costVto decommission 4 heir facility. frm The proposed rule also retains the requirement that licensees who plan to -Q delay completion of decommissioning with a period of storage provide a means for adjusting the funding level over the storage period to account for 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 licensee that the license is terminated. The proposed rule also includes a requirement that power reactor licensees submit a termination plan at least two years prior to the planned decommissioning completion date. The information to be included in the termination plan would include a site characterization, description of remaining dismantiement 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 supplement' to the licensee's environmental report. The two year period was chosen to provide adequate time for NRC review and approval of the proposed plan. Sections 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.
~~ _ _
c The remainder of this section in the proposel__ rule is basically unchanged from the existing requirements addressing decommissioning for non-power reactors , 4 }^ .: f, & k pwqv$
r
& 02 TEgh $ & b 62Y 't Ogor ont wl Dyed y<lov fo yyp<ovel J e //eense_%,;efL L
The Commissionars /
/ ah -amexbeid
~and license termination procedures) A new paragraph is proposed to be added
% SubpaW'l of Part 2 that would make it apply to amendment of a Part' 50
, license after fuel has been permanently removed from the site. Q _
RESOURCES: l The staff anticipates that there should be no need for additional resources to ! irrplement the revised rule since the effort.previously expended on review of } the preli M y decommissioning plans for nuclear power reactors can be re- . Re vroc5 programmed decomisslew%ytoy/e,, review the PSDAR resleus.c submittals were pertv<med and c,onduct by A//fS3. 7Cse f 50.59 RELATED ACTION: he i \ re &.s4vm dNL>edA41ss. b R L_ by dcense ferm/4' ou >ln r v/ews e seps veTe cowespe}udece, yde g-fggh wl//Je The staff and 0GC have reviewed the proposeo Ka010loglCal Criteria Tor Decommissioning rule that is currently undergoing review of public comments G ,,Q - gF l 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 reg oM[' " comments were raised on the need to upgrade the public participation process gg during decommissioning. As proposed, this rule is compatible with the &of[/w.; gg' concepts presented in the Radiological Criteria for Decommissioning proposed rule and discussed in the workshop. The results of any comments received and J3NYt incorporated into the final radiological criteria rule for decommissioning dtre// l that would affect the rule currently being proposed will be addressed in the er/fy/g finalization of this rulemaking. g , RECOMMENDATION: 7 I' e 2e c o % jf ,g g Sdev h That the Commission: Pole pror,%gcr /c) }#- e d,
- 1. ADDroVe publication of the proposed rule.
~
- 2. Certify that the proposed rule will not have a negative economic impact on a substantial number of small entities, in order to satisfy requirements of the Regulatory Flexibility Act, 5 U.S.C. 605(b).
- 3. Aporove the recommendation to amend the Criminal Enforcement requirements in 50.111.
N h ksS y pi g S / GW- 8 i kY # I ys2 e W4 ; 5 4 l
4
-The Commissioners Note:
- a. The proposed rule (Attachment 2) will be published in the Federal.
Reaister for a 90-day public comment period;
- b. A draft' Regulatory Analysis has been prepared and will 'oe 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 Act, an initial regulatory flexibility analysis has aeen 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 for Advocacy of the Small Business Administration.
- e. The proposed rule contains new information collection requirements l
and, therefore, is subject to the requirements of the Paperwerk
- 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 p
6 l
4 The Comissioners
- 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) I i 4 I l 1 7 l
. .a 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. j Attachments: As stated (6) i i
l l RECORD NOTE: A draft copy of the proposed rule was sent to OIG for information on: Offe:RPHEB:DRA RPHEB:DRA D:DRA:RES D:ADM D:NRR D:NMSS Name:CFeldman DCool BMorris DMeyer WRussell RBernero Date: / /95 / /95 / /95 / /95 / /95 / /95 Offc:0GC D:0E D:IRM. D:PA D:RES EDO Name:MMalsch JLieberman GFCranford WBeecher EBeckjord JTaylor Date: / /95 / /95 / /95 / /95 / /95 / /95 0FFICIAL RECORD COPY RES NO. 7
I . a PART 2- RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF-ORDERS
- 1. The authority citation for part 2 continues to read as follows:
Authority: Secs. 161, 131, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552. Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114 ( f) , ; Pub. L. 97-425 96 Stat. 2213, as amended (42 U.S.C. 10134 (f) ) ; sec. l 102, Pub. L. 91-190, 83 Stat 853, as amended (42 U.S.C. 4332) ; sec. l 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 4 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183, 189, ! 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239) Section 2.105 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also ! issued under secs. 161n, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2236, 2282); sec. 206, 88 Stat. 1246 (42 U.S.C. 5846). Sections 2.600-2.606 also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. ; 433D . Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. ! Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 2.764 and Table 1A of Appendix C also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under sec. 103,'68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C 553 and sec. 29, Pub. L. 85-256, 71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. 91-560, 84 Stat. 1473 (42 U.S.C. 2135).
- 2. In S 2.1201, paragraph (a) (3) is added:
S 2.1201 Scone of subpart. (a) * * * (3) Amendment of a Part 50 license following permanent removal of fuel from the site for licensees that have previously made declarations related to permanent cessation of operations and permanent removal of fuel from the reactor in accordance with S 50.82(a)(1). g yJ. g gg hgg gyg( e Me hagL p/w vmehf nus+be ccm/ded 1 mehep'w +# 99vg/, i C OhYuche))
h h& Pt8 # MfS f a T & e o b G be"N> h "'D 0 6D. fLb PART 50- DONESTIC LICDtSING 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, l 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 1244, as l amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282); ~ secs. 201, as amended, 202, 206, 88 Stat.1242, as amended, 1244, 1246 (42 U.S.C. 5841,5842,5846). Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 5 tat. 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 j (42 U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under sec.122, 68 Stat. 939 (42 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). o f g.jgg g/ 4 4'a
- 2. In i 50.2, the terms " Decommissioning activity," " Major radioactive components," " Permanent cessation of operations," and " permanent fuel removal" are added to read as follows. -
1 50.2 Definitions. ca t- you Decommissionina activity means, for nuclear p r reactor, any activity that results in permanent removal of major components, modifies the structure of the containment, or results in disma_ntling for shipment components containing greater than class C waste.
* * * * * \
Ma.ior radioactive comoonents means, for a nuclear power reactor, the large bore reactor i coolant system piping, pumps, and /wp ra vessel and internalsl valvesreactor and
&nd Nye Ao,M P A yHQ $ 20$ 54 7 ad h8lnce of,/f nY-phews, Permanent cessation of ODerations means, for a nuclear power reactor, a certification by a licensee to the NRC that it pas permanently geas 'd or wil permanently cease reactor operation or y 74p/ /eys/p effe CF t:y' I
fof MM2Me lV W e O M kn co m M e cf 2 ,
& r Ee/ &ahvkezus, k< eyedel s ha, nud ,v y>wd mbx&
b ecawdnce a ehewed l' cre 24.el/w k % k iam e w ~ves'kr k G a& &
. e Permanent fuel removal neans', for a nuclear power reactor, a certification by the-licensee to the NRC that it has permanently removed all fual from the reactor vessel.
- 3. In i 50.4, paragraphs (b)(8) and (b)(9) are added to read as follows:
6 50.4 Written Communications. (b) (8) Certification of Permanent Cessation of ODerations. 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 notarized original and one copy to the. Nuclear Regulatory Commission, Document Control Desk, Washington, DC 20555, (ii) one copy to the appropriate Regional Office, and (iii) one copy to the appropriate NRC Resident Inspector if one has been assigned to the site or the facility. (9) Certification of Permanent Fuel Removal. The licensee's certification of permanent fuel _ removal, pursuant to i 50.82(a)(1), must state the date on which the fuel was removed from the reactor vessel and the disposition of the l fuel, and must be submitted as follows: ' (i) the signed and notarized original and one copy to the Nuclear Regulatory Commission, Document Control Desk, Washington, DC 20555, (ii) one copy to the appropriate Regional Office, and (iii) one copy to the appropriate NRC Resident Inspector if one has been assigned to the site or the facility.
- 4. In f 50.36, 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:
1 1 50.36 Technical specifications. (c). (6) Decommissionina. The following applies only to nuclear power reactors that have submitted the certifications required by 6 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 :ase-by-case basis. l 3
. o (e) The provisions of this section shall apply to each nuclear power reactor licensee whose authority to operate the reactor has been removed by license amendment, order, or regulation.
- 5. In i 50.36a, paragraphs (a) and (b) are revised to read as follows:
6 50.36a Technical soecifications 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 L reasonably achievable, each licensee of a nuclear power reactor will include technical specifications that, in addition to requiring compliance with applicable provisions of f 20.1301 of this chapter, require: (1) That operating procedures developed pursuant to 6 50.34a(c) for the control of effluents be established and followed and that equipment installed in the radioactive waste system, pursuant to 6 50.34(a), be maintained and used. The licensee shall retain the operating procedures in effect as a record until the Commission terminates the license and shall retain each superseded revision of the procedures for three years from the date it was superseded. (2) Each licensee shall submit a report to the Commission annually that specifies the quantity of each of the principal radionuclides released to unrestricted areas in liquid and in gaseous effluents during the previous 12 months, including any other information as may be required by the Commission to estimate maximum potential annual radiation doses to the public resulting from effluent releases. The report must be submitted as specified in f 50.4, and the time between submission of the reports must be no longer than 12 months. If l quantities of radioactive materials released during the reporting period are I significantly above design objectives, the report must cover this specifically. On the basis of these reports and any additional information the Commission may obtain from the licensee or others, the Commission may require the licensee to take action as the Commission ccess appropriate. (b) In establishing and implementing the operating procedures described in paragraph (a) of this section, the licensee shall be guided by the following considerations: Experience with the design, construction, and operation of nuclear- power reactors indicates that compliance with the technical specifications described in this section will keep average annual releases of radioactive material in effluents and their resultant committed effective dose equivalents at small percentages of the dose limits specified in 6 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 and in the license. It is expected that in using this flexibility under unusual conditions, the licensee will exert its best efforts to keep levels of radioactive material in effluents as low as is reasonable achievable. The guides 4
set out in ap;endix I provide numerical guidance on limiting conditions for operation for light-water cooled nuclear power reactors to meet the requirement that radioactive materials in effluents released to unrestricted areas be kept as low as is reasonable achievable.
- 6. In i 50.36b, the paragraph is revised to read as follows:
6 50.36b Environmental conditions.
- Each license authorizing operation or possession of a production or utilization facility which is of a type described in i 50.21(b)(2) or (3) or i 50.22 or is a testing facility may include conditions to protect the environment to be set out in an attachment to the license which is incorporated in and made a part of the license. These conditions will be derived from information contained in the environmental report and the supplement to the environmental report submitted ,
pursuant to il 51.50 and 51.53 of this chapter as analyzed and evaluated in the I l 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 l requirement for the protection of the nonaquatic environment.
- 7. In i 50.44, paragraph (a) is revised to read as follows:
i 50.44 Standards for combustible cas control system in liaht-water-cooled power reactors. l (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--- l 8. In i 50.46, paragraph (a)(1)(i) is revised to read as follows: i 50.46 Acceptance criteria for emeraency core coolina systems for licht water nuclear power reactors. L l (a)(1)(1) Each boiling or pressurized light-water nuclear power reactor l fueled with uranium oxide pellets within cylindrical zircaloy or ZIRLO cladding, other than reactor facilities that have submitted the certifications required under paragraph 6 50.82(aj(1), must be provided with an emergency core cooling system (ECCS) that must be designed so that its calculated cooling performance following postulated loss-of-coolant accidents conforms to the criteria set forth in paragraph (b) of this section. ECCS cooling performance must be calculated in accordance with an acceptable evaluation model and must be calculated for a number of postulated loss-of-coolant accidents of different sizes, locations, and other properties sufficient to provide assurance that the most severe postulated 5
t 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 ocnavior of the reactor system during a loss-of-coolant cccident. 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 f 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 1 for fires which could cause the release or spread of radioactive materials l (i.e., which could result in a radiological hazard). (1) The objectives of the fire protection program tre 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 decommissioning. l (3) The licensee may make changes to the fire protection program without NRC approval en4y-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 i 50.49 Environmental cualification of electric eauiDment imDortant to safety for nuclear power plants. (a) Each holder of or an applicant for a license for a nuclear power plant, other thren 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.
- 11. In f 50.51, the title is changed, and paragraph (b) is added to read as follows:
i 50.51 Continuation of license. 6
l . a-l (b) Each license will continue in effect beyond the expiration date, if necessary, with rerrnet to possession of the production or utilizatio:1 facility, l until the Commission notifies the licensee in writing that the license is terminated. During any period of continued effectiveness of a license beyond the license's stated. expiration date, the licensee is prohibited from operating the production or utilization fscility and shall- - (1) Limit ::tivitie: to: TEkel (1) actions necessary to decommitsion and decontaminate the facility; +r a (ii) actions necessary to maintain the facility, including the storage, d I 4 control and maintenance of the spent fuel, in a safe condition, and (2) Shall conduct activities in accordance -with all other restrictions i applicable to the facility in accordance with the NRC regulations and the provisions of the specific Part 50 license for the facility.
- 12. In i 50.54, paragraphs (o) and (y) are revised to read as follows:
i 50.54 Conditions of licenses. (o) Primary reactor containments for water cooled power reactors, other than reactor facilities that have submitted the certifications required under 6 50.82(a)(1), shall be subject to the requirements set forth in appendix J to this part. l (y) Licensee action permitted by paragraph (x) of this section shall be , approved, as a minimum, by a licensed senior operator, or, at a nuclear power l 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. l * * * *
- j 13. In i 50.59, paragraphs (d), (e), and (f) are added to read as follows:
l f 50.59 Chanaes. tests and experiments. l L 7 (c) * * * * * (d) A nuclear power reactor licensee which has submitted the certifications required under i 50.82(a)(1) may conduct activities with regard
\
l . NU cNG,M(c) '
, , , om 0 gyphcNle, No h Wee L
L a% & n,n a). ")kan -- gg G, aaly& J
l . o l l to the facility, as described in paragraph (a) of this section, provided the l changes could not: L (1) foreclose the release of the site for possible unrestricted use, e ej (2) signifiantly increase decoinnissioning costsp e! (3) cause any significant environmental impact not previously reviewed, I or (4) violate the terns of the licensee's existing license. (e) All the provisions of this section shall apply to each nuclear power I reactor licensee that has submitted the certifications required under i 50.82(a)(1). (c) s l (f) The provisior3 of paragraphs (a) through A power reactor licensee whose license no longer au% shall apply thorizes to each operation non-of the reactor.
- 14. In f 50.60, paragraph (a) is revised to read as follows:
i 50.60 Acceptance criteria for fracture prevention measures for liaht-water nuclear power reactors for normal operation. i (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 4 material surveillance program requirements for the reactor coolant pressure boundary set forth in Appendices G and H to this part.
- 15. In i 50.61, paragraph (b)(1) is revised to read as follows:
i 50.61 Fracture touchness reauirements for protection against pressurized thermal shock events. (b) Requirements. ! (1) For each pressurized water nuclear power reactor for which an operating license has been issued, other than reactor facilities that have submitted the certifications required under i 50.82(a)(1), the licensee shall submit projected values of RT,1. 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 i projected expiration date of a renewal term if a request for license renewal has been submitted. The assessment must use the calculative procedures given in ' paragraph (b)(2) of this section. The assessment must specify the bases for the projection, including the assumptions regarding core loading patterns. The submittal must list the copper and nickel contents, and the fluence values used in the calculation for each beltline material. If these quantities differ from those submitted in response to the original PTS rule and accepted by the NRC, i justification must be provided. If the value of RTpys br any mahMal k W beltline is projected to exceed the PTS screening criteria before the expiration date of i.he operating license or the proposed expiration date if a change in the l O l
f l. 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-temperatu"e limits, or the next reactor vessel material surveillance , report, or 5 years from the effective date of this rule, whichever ca.es first. l These submittals must be updated whenever there is a significant change in I projected values of RTpts, or upon a request for a change in the expiration date for operation of the facility.
- 16. In f 50.62, paragraph (a) is revised to read as follows:
l 6 50.62 Reauirements for reduction of risk from anticipated transients without scram (ATWS) events for light-water-cooled nuclear power plants.
]
1 i l (a) Applicability. The requirements of this sectiori apply to all commercial ! light-water-cooled nuclear power plants, other than reactor facilities that have sabmitted the certifications required under s 50.82(a)(1).
- 17. In 6 50.65, paragraph (a)(1) is revised to read as follows:
1 6 50.65 Reauirements for monitorina the effectiveness of maintenance at nuclear power plants. (a)(1) Each holder of a license to pect::: e operate a nuclear power plant under il 50.21(b) or 50.22 shall monitor the performance or condition of structures, systems, or components, against licensee-established goals, in a manner sufficient to provide reasonable assurance that such structures, systems, and components, as defined in paragraph (b), are capable of fulfilling their intended functions. Such goals shall be established commensurate with safety and, where practical, take into account industry-wide operating experience. When l the performance or condition of a structure, system, or component does not meet
-----attablished goals, appropriate corrective action shall be taken, f%< The r:wirs.;r,t:; cf thi: rectier shall al m apply te 0:0h- nuclear power l plant that has submitted the certifications specified in Q 50.82(a)(1). This
! section shall apply to the extent4 0f ;11 ;;:t: : associated with the storage, ! control, and maintenance of spent fuel in a safe condition., C
#st Oc / ken.ree_ :r /NcAcv fle c o<cosAWheherf J Movehave s, gyste m3, o r, compcq /* m l
- 18. In 9 50.71, paragraph (f) is added to read as follows:
l 1 (f) The provisions of this section shall apply to nuclear power reactor j licensees that have submitted the certifications required urider Q 50.82(a)(1). 7 ,. - .- 4 , acw ss - wa d ;Jc N7<e cqah vHulNMf yAe;< lha, R g g. L u gh mde % a&m ah 1 u _ 7 L
- 19. In 650.75, paragraph (f) is revised to read as follows:
* *
- 3 *
- p .L -
(f)(1) Each power rea t icensee shall at or about 5 years prior to the &- projected end of operation libmit a preliminary decommissioning cost estimate e which includes an up-to-date assessment of the major techrdcM-factors that could ws affect ccst estimating for decommissioning. (f)(2) Each non-power reactor licensee shall at or about#z-years prior to the projected end of operation submit a preliminary decommissioning plan containing a cost estimate for decommissioning and an up-to-date assessment of the major ici. ch factors that could affect planning for decommissioning. C Factors te be considered in submitting this information include-- 4 (i) The decommissioning alternative anticipated to be used. The requirements of f 50.82(b)(4) must be considered at this time. (ii) Major technical actions necessary to carry out decommissioning safely; (iii) The current situation with regard to disposal of high-level and low-level radioactive waste: i (iv) Residual radioactivity criteria; (v) Other site specific factors which could fact _decomissioningf'_ planning and cost. 4v 7c e sad'ew rw/Eack (f)(3) If necessary, the cost estimate submittal s aliyalso include pians for adjusting levels of funds assured for decommissioning to demonstrate that a reasonable level of assurance will be provided that funds will be available when needed to cover the cost of decommissioning.
- 20. In f 50.82, the title is modified, paragrapns (a), (b), and (c) are revised, paragraphs (d), (e), and (f) are deleted to read as follows:
6 50.82 Termination of license. (a) For power reactor licensees-- (1)(i) When a nuclear power reactor licensee has determined to_ narmanentgase operations,Jor when a final __leca11y effective order fo) permanently ceaTEEMTFons has come into effect,[the licensee shall, within 30 ys, suomn; a written certification to the NRC, consistent with the requirements of 6 50.4(b)(8) and; i (ii) Once fuel has been permanently removed from the reactor vessel submit a written certification to the NRC, consistent with the requirements of - f 50.4(b)(9). Q2 Upon receipt of the certifications for permanent cessation of operat90nvand permanent removal of fuel from the reactor vessel, the Part 50 license for power reactors no longer authorizes operation of the reactor or emplacement of fuel into the reactor vessel. (3) Decommissioning will be completed within 60 years of permanent cessation of operation. Consideration will be given for completion of decommissioning beyond 60 years only when necessary to protect public health and 10
I safety. Factors to be considered in evaluating an alternative which ;srovides for d completion of decommissioning beyond 60 years include unavailability of waste disposal capacity and other site-specific factors affecting the licensee's capability to carry out decommissioning nf:4, including presenca of other e 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 decommissioning activities along with a schedule for their accomplishment, a general description 'and estimate of expected costs, and a discussion as to whether the envirt/imental impacts associated with site-specific decoinnissioning activities will be bounded by appropriate envi neeJtaLimp_act & statements. 7mdu.s/y isSved ) (ii) The NRC shall notice receipt of the PSOAR and solicit pubite comment. The NRC shall also schedule a public meeting in the vicinity of the licensee's facility upon receipt of the PSDAR. The NRC shall publish a notice in the Federal Register and in a forum, such as local newspapers, which is readily accessible to individuals in the vicinity of the site, announcing the date, time and location of the meeting, along with a brief description of the ;=;:=d-- 4-purpose of the meeting. (5) For a power reactor licensee, i 50.59 may not be used to perform decommissioning activities, as defined in f 50.2, until 90 days , has f.. re:eived the licensee's PSDAR submittal. vwy uomittai Df the [ (6) In taking actions permitted under i 50.59 followin PSDAR, the licensee shall notify the NRC, in writing, before d in; any rti..f. j dg/*f inconsistent with, or taking any significant schedule change from, those actions \ d'A and schedules described ' in the PSOAR. TM: 'n:!"dr sti... M r: ::% d=:---inizing =tivitinr e I:firf ' * :^.^, .c; h== hr 61 Erd b; fi et
;1xtr.; th; fxit; 'n :t:n;;, d:n 1:n dx:rininin; xt'"ity rd plur.in;-
- rld ;,. . 4 -4.
(7)(1) For power reactor licensees that have submitted the certifications required under 6 50.82(a)(1), :- ;-- ....,...____,_...........n..........., removed fuel from the reactor vessel, decommissioning trust funds may be used provided:'"t tte eit].d _ 7 ]-:_f i; ;dy -g. {cgd;.;n , t'_:]: p p ,'7-4 tc g M i . 3 ii.i_i.:_:. "._". . _'i. ( '_'"_ _W. . . . >.".T 3".'. ., " '.. _G.~
. . . _u
, .i d : L Y '.l ' h >u. u.. X g, ,
1(canean'e ski 14+= ". . -_ - - (-- f -- ^ i ---- ,-f n; i - [ f 51 l ' - M ' _ _ _ . j n i .,, , ,,g
+-r-' nx tf 0: nu --- - :. 1;:. - ,elee;; ;f th: :it fe. Initially A,of the) '
/, generic decommissioning cost amount specified in 6 50J5 may be used.J Commencing gN
, v0 cays after the NRC has received the rsunn, an aanitiond zuy. of thipanerit
^
amount may be used. A site-specific decommissioning cost n;;jais must be esk d
.((6 M submitted to the NRC prior to the licensee being permitted to use any sdditional funding in excess of these amounts.
kgm vs (ii) Within two years following permanent cessation of operation of a .' 7* nuclear power reactor, if not already submitted, the licensee shall submit a site-specific decommissioning cost estimate. (iii) For decommissioning activities that delay completion of decommissioning by including a period of storage or surveillance, the licensee must provide a means for adjusting cost estimates and associated funding levels over the storage or surveillance period. (8) For power reactor licensees that have submitted a certification in accordance with 6 50.82(a)(1), have p . .m...iim-MWR"7...J 7 ;.---Sc._c.tl 3 11
. A}W : b {y,Ye18 I
'" '**er ' r < r " > < r i *'
- d c ' ' #4"a (4) activities consistent with the definition of decommissioning in 10 CFR 50.2.
k)
/S The expenditures would not reduce the value of the decommissioning trust below an amount necessary to place and maintain the licensee's reactor in a safe rtorage condition if unforeseen conditions or expenses arise.
I l
- ]<
[C L The withdrawals would not inhibit the ability of the licensee to complete funding of any shortfalls in the decommissioning trust needed l to ensure availability of funds to ultimately release the site and I terminate the license. I i g c)an9y sonedif tv ( /eh a n ah ~ 6 1,s a \\ cu de de t Jpa e-s 1 i i
1 . , i I r==d f=1 from the r=:tec= vessel, the application for license termination must be accompanied or preceded by a license termination plan to be submitted for NRC approval as a license amendment. (i) The iicense termination plan shall be a supplement to the FSAR, and shall be submitted at least two years prior to the planned decommissioning completion date as specified in the PSDAR. (ii) The proposed license termination plan for power reactors murt include-- (A) A site characterization; (B) A description of remaining dismantlement activities; (C) Plans for site remediation; ; (D) Detailed plans for the final radiation survey; i (E) A description of the end use of the site, if retricted; I (F) An updated site-specific analysis of remaining Meommissioning costs; (G) A supplement to the environmental report, pursuant to 6 51.53, describing any new information or significant environmental change associated with the licensee's proposed termination activities. (9) If the license termination plan demonstrates that the decommissioning will be performed in accordance with the regulations in this chapter and will not be inimical to the common defense and security or to the health and safety of the public, and after notice to interested persons, the Commission will approve the plan subject to such conditiont and limitations as it deems appropriate and necessary and issue an aut,hori g the implementatinn of the license termination plan. Edead*c" jp /e % Q- l (10) The Commission will terminst elicense[ititaeterminesthat-(i) The decommissioning has been rformed in accordar.ce with the approved license termijation plan and the weer uthorizing license termipation; and (ii) ' 7he terminal radiation survey and associated documentation C demonstratesihat the facility and site are suitable for release. (b) For non-power reactor licensees-- (1) A Licensee that permanently ceases operation must make application for , license termination within two years following permanent r - ion of operations, N and in no case late: than one year prior to expiration t.. we operating license. d b Each application for terminatien of license must be accompanied, or preceded, by h/p_ a proposed decommissioning pH The contents of the decommissioning plan are
, g specified in paragraph 4 of this section.
Supple (2) For decommissioning plans in which the major dismantlement activities
% fAc- 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 g g /3 approved prior to the start of these activities.
N,H8hg t (3) For decommissioning plans that delay completion of decommissioning by [spov including a period of storage or surveillance, the licensee must provide that--- (i) funds needed to complete decommissioning be placed into an account g/kg/e*p segregated from the licensee's assets and outside the licensees administrative control during the storage or surveillance period, or a surety method or fund statement of intent be maintained in accordance with the criteria of Q 50.75(e), and . (ii) Means be included for adjusting cost estimates and associated funding levels over the storage or surveillance period. (4) The proposed decommissioning plan for a non-power reactor facility must include - l (i) The choice of the alternative for decommissioning with a description j of activities involved. An alternative is acceptable if it provides for 12
completion of decommissioning without significant delay. Consideration will be given tc, an alternative which provides for delayed completion of decommissioning only when necessary to protect the public health and safety. Factors to be considered in evaluating an alternative which provides for delayed cenpietion of. decommissioning include unavailability of waste disposal capacity ano other site specific factors affecting the licensee's capability to carry out decommissioning n ' d hcluding presence of other nuclear facilities at the site. (ii). A description of the ecntrols and limits on procedures and equipmcat to protect occupational and public health and safety; (iii) A description of the planned final radiation survey; - (iv) An updated cost estimate for the chosen alternative for decommissioning, and plan for assuring the availability of adequate funds for completion of decommissioning. (v) A description of technical specifications, quality assurance provisions and pnysical security plan provisions in place during decommissioning. (5) If the decommissioning plan demonstrates that the decommissioning will be performed in accordance with the regulations in this chapter and will not be inimical to the common defense and security or to the health and safety of the public, and after notice to interested persons, the Commission will approve the plan subject to such conditions and limitations as it deems appropriate and necessary and issue an order authorizing the decommissioning. (6) The Commission will terminate the license if it determines that-(i) The decommissioning has been performed in accordance with the approved decommissioning plan and the order authorizing decommissioning; and (ii) The terminal radiation survey and associated documentation demonstrates that the facility and site are suitable for release. (c) For a facility which has permanently ceased operation before the expiration of its license, the collection period for any shortfall of funds will be determined, upon application by the licensee, on a case-by-case basis taking into account the specific financial situation of each licensee.
- 21. In i 50.111, paragraph (b) is revised to read as follows:
(b) The regulations in part 50 that are not issued under sections 161b, 1611, or 1610 for the purposes of section 223 are as follows: il 50.1, 50.2, 50.3, 50.4, 50.8, 50.11, 50.12, 50.13, 50.20, 50.21, 50.22, 50.23, 50.30, 50.31, 50.32, 50.33, 50.34a, 50.35, 50.36b, 50.37, 50.38, 50.39, 50.40, 50.41, 50.42, 50.43, 50.45, 50.50, 50.51, 50.52, 50.53, 50.56, 50.57, 50.58, 50.81, 50.90, 50.91, 50.92, 50.100, 50.101, 50.102, 50.103 50.109, 50.110, 50.111, 3
- 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 Limitina Conditions of Operation to Meet the Criterion "As Low As Is Reasonably Achievable" for BAdioactive Material in Licht-Water-Cooled Nuclear Power Reactor Effluents. j SECTION I. Introduction. Section 50.34a provides that an application for a I permit to construct a nuclear power reacter shall include a description of the preliminary design of equipment to be installed to maintain control over 13 l _j
.i radioactive materisis in gaseous and liquid effluents produced during normal l conditions, including expected occurrences. In the case of an application filed l on or after January 2, 1971, the application must also identify the design l objectives, and tre.means to be employed, for keeping levels of radioactivc !
material in effluents to unrestricted areas as low as practicable. Section 50.36a contains provisions designed to assure that releases of radioactive material from nuclear power reactors to unrestricted areas during normal conditions, including expected occurrences, are kept as low as practicable. 4 i
* * * *
- i SEC. IV. Guides on technical specifications for limitina conditip_Ds for operation for licht-water-cooled nuclear power reactors licensed under 10 CFR Part 50. The guides on limiting conditiNs 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 6 50.82(a)(1) as guidance in developing technical specifications under 6 50.36a(a) to keep levels of radioactive materials in effluents to unrestricted areas as low as is reasonable achievable.
C. If the data developed in the surveillance and monitoring program described in paragraph B of Section III or from other monitoring programs show that the relationship between the quantities of radioactive material released in liquid and gaseous effluents and the dose to individuals in unrestricted areas is significantly different from that assumed in the calculations used to determine design objectives pursuant to Sections II and III, the Commission may modify the quantities in the technical specifications defining the limiting conditions in a license to operate a light-water-cooled nuclear power reactor or a license whose holder has submitted certifications under 6 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 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 cs is reasonably achievable.
PARf 51- ENVIR0pmENTAL PROTECTION REGULATIONS FOR DONESTIC LICENSING AND RELATED RESULATORY FUNCTIONS 14
l . l l
- 1. The authority citation for part 51 continues to read as follows:
Authority: Sec.161, 68 Stat. 048, as amended (42 U.S.C. 2201); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842). l Subpart A also issued under National Environmental Policy Act of 1959, secs. 102, 104, 105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L. 95-604, Title II, 92 Stat. 3033-3041; and sec.193, Pub. L.101-575,104 Stat. 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, Pu). L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10lb2). Section 51.22 also issued under sec. 2.74, 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 M82, sec.114(f), 96 Stat. 2216, as amended (42 U.S.C. 10134(f). SOURCE: 49 FR 9381, Mar.12, lh ;, unless otherwise noted.
- 2. In i 51.53, paragraph (b) is revised to read as follows:
* *
- y * /,' e e, a
- k / N na $
(b) Post Operatina Lic(nse Staae. Each applicant for a license amendment authorizing decommissioningfactivities at a production or utilization facility covered by 6 51.20, either for unrestricted use or based on continuing use restrictions applicable to the site; and each tpplicant for a license or license amendment to store spent fuel at a nuclear pouer reactor . . .
- 3. In 6 51.r paragraph (b) is revis ed to read as follows:
(b) Post Operatina License Staae. In co nection with the amendment of an operating licence authorizing decommissioning activities at a production or utilization facility covered by 6 51.20, either for unrestricted use or based on continuing use, or with the issuance, amendment or renewr.1 of a license to store spent fuel at a nuclear power reactor . . .
. . . . . Dated at Rockville, Maryland, this day of 1994.
15
i [7590-01-P] NUCLEAR: REGULATORY COMMISSION 10 CFR Parts 2, 50, and 51 i 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 ut4ai ed for other licensees on a case-by-case basis.
U.Se$ DATES: The comment period expires (90 days after publication in the Fedecal Register). Comments received after this date will be considere1 if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date. ADDRESSES: Submit comments to: The Secretary of the Commission, i U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and Service Branch. Copies of comments
i ! 4- t , received may be examined at the NRC Public Document Room, 2120 L l ! Street NW. (Lower Level) Washington, DC. Comments may be submitted electronically, in either ASCII text or Wordperfect format (version 5.1 or later), by calling the URC Electronic. Bulletin Board on FedWorld. The bulletin board may be accessed using a personal computer, a modem, and one of the commonly available communications software packages, or directly via Internet. Background documents on the rulemaking are also available for downloading and viewing on the bulletin board. If using a personal computer and modem, the NRC subsystem on FedWorld can be accessed directly by dialing the toll free number: 1-800-303-9672. Communication sof tware parameters should be set as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). Use ANSI or VT-100 terminal emulation. The NRC rulemaking subrystems can then be accessed by sclecting the " Rules Menu" option from the "NRC Main Menu." For further information J about options available for NRC at FedWorld consult the i
" Help /Information Center" from the "NRC Main Menu." Users will find the "FedWorld Online User's Guides" particularly helpful.
Many NRC subsystems and databases also have a " Help /Information Center" option that is tailored to the particular subsystem. The NRC subsystem on FedWorld can also be accessed by a direct 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 (192.239.92.205); and World I i-2 v
I
- 1 4
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 j i may return to FedWorld by selecting the " Return to FedWorld" option i from the "NRC Main Menu." However, if you access NRC at FedWorld i by using NRC's toll-free number 7 then you will have full access to all NRC systems, but you will not have access to the main FedWorld j 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 AXD30nrc. 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 Re ulatory Commission, Washington, DC 20555, telephone (301)- -1169 or, C Bradley W. Jones, Office of the General Counsel, U.S. Nuclear 3 i L.
. ,e 4
Regulatory Commission, Washington, DC 20555, telephone ( 3 01) p-1628. SUPPLEMENTARY INFORMATION: I. Background. II. Existing regulatory framework and need for the amendments. III. Clarification of the applicability of 10 CFR Part 50 to permanently shut down and decommissioning nuclear powerplants. IV. Criminal penalties provisions. I. Background When the decommissioning regulations were published on June 27, 1988 (53 FR 24018) and adopted, it was assumed that the majority of nuclear power reactor licensees would decommission at I the end of the operating license. Since t at -time = number of ye s/to v' i y licensees have shut down prematurely withou aving submitted a A decommissioning plan. In addition, these licensees have requested exemptions from operating requirements to address their status of i no longer having fuel present in the reactor. Each of these cases l has been handled individually without clearly defined generic requirements. The Commission is proposing to amend the decommissioning , I regulations in 10 CFR parts 2, 50, and 51 to clarify ambiguities in ; the current regulations, and to codify proccdures and terminology 4
- ,1 4
that have been used in a number of specific cases. The Commission believes that the proposed amendments would enhance efficiency and uniformity in the decommissioning process for nuclear power reactors. The proposed amendments would allow for greater public-participation in the decommissioning process and furnish the licensed community and the public a better understanding of the process as the operating personnel at a- nuclear power reactor facility undergo the transition from an operating organization to a decommissioning organization. In particular, this rulemaking would address the process which begins with a licensee's decision to permanently cease operations at the facility and concludes with the Commission's approval of license termination. [w C The conceptual approach the Commission has chosen divides the decommissioning activities into phases I, II, and III. Phase I deals with those licensing activities that the licensee undertakes
/.>
prior to placing the power reactor in a storage mode. Phase II [ deals with licensee activities oaring the storage period, and Phase III deals with the activities the licensee undertakes to terminate the license. < l The implementation aspects of this approach comprise the following. At the initiation of Phase I, certifications would be provided to the NRC that the licensee has permanently ceased operation and permanently removed all fuel from the reactor vessel. At this time, the licensee, through rule codification, would no longer be permitted to operate the reactor. The proposed rule k would also change many Part 50 rule requirements that would be
\
joU carpovYc.rse Ll$n w<be A ; 'EI' '"I' '" Y'"' " /! ~ " deco '&
%sa<,ey/sL hadeZ7<oviL #e&dh b reAmI"ga <cs-cf w y
tke C 9 ?mlsdos. /k/#ren/fa SAr7rew% **AtS N 4 ras - sa"
.. ,e lhn hckhr hU2,/Y CY Y65 Ye @ SSi h YY
. l%g p6i $t - //c.ch3 5 t*I*t/ W . W #MO '
Yy$ Yo 2 VeSS Yel'N cd CS -' i unnecessary or require modification during the decommissioning I
' {
process. The licensing fee would also be substantially reduced { p_ e'cause the license would no longer meet the requirements foraii) g erating J censa_.as cpecified_in_Section l'71 5. No major decommissioning activities, as defined in Section
.5 0 . 2 , would be allowed initially, although limited licensee decommissioning trust funds would be made available for planning purposes and early activities. The remaining decommissioning funds would be made available with receipt of the licensee's detailed decommissioning cost estimate. Prior to undertaking major i 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 6 j public meeting in the vicinity of the site to describe the planned /A8 activities and receive additional public comments. After a short j k0 period of time for the NRC to respond to public comments, the g[Y* ,g felt ' licensee would be permitted to begin major decommissioning (i.e., .de 'm6: dismantlement) activities. The licensee would be permitted to M/ wo
*I conduct major decommissioning activities only af ter they conducted deu**
2hlYe 1 a review of the planned activities as described in Section 50.59, i I suitably modified for use during the decommissioning process.~ After a period of storage (Phase II), Phase III would be initiated
- "W ,
fh W ( ( y YhW yves %, p'u w d v p e a s n t/ j Le rep,ms :
O ,sY I i l
!I when the licersee's application to terminate the license and j
\
license termination plan were received by the NRC At this time, a supplemental environmental report would also be required if there was the possibility cf significant epv,irpnmental - ppactsa 7 nct 9: <c arn ': . nqrcTA dmect/.S previously covered in other@isapertC -The-Commission--would-notitie receipt of this information and provide opportunity for a Subpart L hearing on the license termination plan, provided spent fuel had been remnved from the reactor (Part 50 license) site. After resolution of comments, the Commission would issue a termination of license order permitting the licensee to implement the license termination plan. Once this order had been enacted by the licensee and the Commission had determined that the licensee was in compliance with the order then, as in the existing rule, the l
)
Commission would terminate the license. l l 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 release situations 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 i l license that has expired is not terminated until the Commission l terminates it, and further clarifies what conditions prevail under j such circumstances. On August 22, 1994, the NRC published for comment a proposed rule on radiological criteria for decommissioning (59 FR 43200). I 7 I
Section 20.1406(b) of the proposed rule would require that a Site Specific Advisory Board (SSAB) be convened in cases where a licensee proposes to request restricted release of the site. On , a December 6-8, 1994, 'a workshop on this issue was held in I Washington, DC. The objective of the workshop was to conduct an informed discussion among affected interests on the implementation of the SSAB requirement. The results of any comments received and i incorporated into the final radiological criteria rule for decommissioning that would affect the rule being currently proposed, will be addressed in the finalization of this rulemaking. II. Existing Regulatory Framework and Need for the Amendments The Commission has examined the present regulatory framework for decommissioning, largely contained within 10 CFR 50.82, with additional requirements in 10 CFR 50.75, 51.53, and 51.95, as well as the 10 CFR 50 technical requirements, to ascertain the appropriate regulatory path to take that would ameliorate current licensing concerns without compromising health and safety. The current ru . requires a licensee to submit a preliminary decommissioning plah 5 years prior to permanent cessation of operation, with a site-specific cost estimate and adjustment of financial assurance funds, and a detailed decommissioning plan to the NRC within two years after permanent cessation of operation. At that time, a supplemental environmental report must also be submitted to the NRC describing any substantive environmental 8
hffG1 MH%t $$f0 f h / i f f 0/, 'Y 06 OW Y \ \ g) o e V*tb% $ l0*1l} &c/h c/ #1 b . We' Y 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 trake up for any shortfall.
.Cufrently, prior to approval of the decommissioning plan by the Commission, no / l decommissioning trust funds can be used. bnally,asidefromthe hendobarily inform ndhe piiblic about decommissionirg activities, very limited public input rticipation-is-formally required in the current rules. [ ,
7Yese nele Me poila'
, g[ g, aG r The proposed rule would preserve the suB'~ utlira n-inments-of 1 . %
the current regulations, provide for greate 0 vNstIYusQ ) pu Tic 7articTpation A in the decommissioning process, and allow the licensee more latitude in complet ng the necessary decommissioning activities provided certain constraints are met. Ine proposed rule should make the enactment of the decommissioning process more amenable to current licensing needs and improve the process in the areas of understandability, efficiency, and uniformity. After the licensee permanently ceases operation and removes fuel from the reactor vessel (initiation of Phase I of the decommissioning process), the Commission believes that, just as in the current rules, the licensee should be permitted to perform minor maintenance activities through the use of the Part 50.59 process. Once the NRC has received the licensee's certifications of permanent cessation of operation and permanent removal of fuel from the reactor vessel, Section 50.82(a) of the proposed rule would I prohibit the licensee from operating the power reactor facility. I i 9 l
. o
$N . f o' Yy O h h
~~- _
is would entitle the licensee to a licens1Dse reductionT11 Fide' I they would no longer have an " operating license" as defined in p s' Section 171.5. _-
'At an early tin during the Phase I process, Section 50.82(a) would require that within two years after 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 receipt of the PSDAR, the NRC will notice receipt of the report, request public comment on the proposed activities, and will announce the location and time of a public meeting to be held in the vicinity of the reactor facility site to discuss the licensee's plans. Section 50.82(a) further states that 90 days after the NRC receives the PSDAR, the licensee may begin to perform major decommissioning activities, provided they meet the requirements in Section 50.59. This would generally occur 30 days after the public meeting. The provisions in Section 50.59 allow the licensee to i 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 saf ety 10 l
, o evaluation which provides the basis for their determinetion that the plannad change meets the criteria specified in the regulation. Jhge c 5 The NRC _ AMs tliese evaluations periodically to ensure that the licensee ja complying with the regulation. To ensure that licensees adequately address the unique circumstant'es associated with decunissioning 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 definel in bection 50.2 until they had an approved decommissioning plan - as in the current rule). The Commission 1 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 l decommissioning costs, (3) cause any significant environmental j impact not previously reviewed, or (4) violate the terms of the licensee's existing license. To undertake any activity that would not meet these criteria would require the licensee to submit a license amendment request, ne le usually roei red under h t.ien
-5h 5 v ( c-) .
The Commission also intends to codify their position embodied I 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 Nzr have ' trust funds subject to certain criteria.yThe Commission recognized g ssurance/ Ym the need for the licensee to provide adequate financial g % % ,4r
\ ,t -
k t ,3 1 - fCC C lY b Khnys k scab zud' ech$s &Md k ~PSpdP % amL n&hkdf :
1 s to complete decommissioning at any time during operation through to termination of license and is proposing criteria that keeps this in ) mind, along with_ criteria that specify when and how much of these i trust funds can be used. In accordance with the current rule, the I Commission proposes to retain ,under Section 50.75(f), site- I specific cost estimates 5 years prior to and within two years after
/
F the licensee's declaration of permanent cessation of operation; the ' i f latter being only an inflationary update estimate, if appropriate. Once the NRC has received the licensee certifications of permanent 8-cessation of operation and permanent removal of fuel from the 1
/ reactor vessel, decommissioning trust funds could be used by the g l licensee ovided the withdrawal of funds would not reduce the )
decommissioning trust fund below an amount necessary to place and 'f iC*/t7ey, maintain the reactor facility in a safe storage condition until DV// decommissioning can be completed or inhibit the licensee's ability t to complete funding of any shortfalls in the decommissioning trust needed to ensure the ultimate release of the site. The proposed rule would permit, under Section 50.82(a)(7), that 3% of the I generic decommissioning cost amount, specified-in~Sectipn 50.752
, afecwudSSlofh initially for plannTng and e &-wno D l could be used by the licensee t o o o A Gecq m ss$toserg n intenr.c. activities. Following the 90 day waiting period af ter the NRC has received the licensee's PSDAR, an additional 20% could be used to behTDobnr E 1 activities. -Finally, the proposed rule would require site-specific cost analysis to be submitted to the NRC prior to the licensee peing permitted to use ,
I t5% @ #e rc.mr enedc hcowus hs'K6t!Q , any adpition,1 fun ing in excesc of thrre COST f . e. 12 l Cf tC L YlifbPcweV/==W . - 5 /5' 2 V&WS
I O O W Nf f__. _t' _ t"l After a possible period of storage (Phase II of the decommissioning process) , Section 50.82 (a) '8) of the proposed rule regul W ENe'11censee to complete decommissioning by sudmitting an j application to terminate the license along with a 1iconse j termination plan (initiation of Phase III of the decommissioning l process). This process is similar to what is in the current rule 1 l requirements for a power reactor facility that has- permanently ceased operation and decides to go into a storage mode. For this l- situation, the current rule allows a less detailed decommissioning plan initially, and the more detailed plan prior to the near term i completion of decommissioning, since at that time more accurate plann4ngcanbeaccomplished. The elements of the termination plan Mov/dl h contain similar elements for consideration as the current rule would require,and gecd practice J W =-M. In particular, the proposed rule would require that it contain a site characterization, a description of remaining dismantiement activities, plans for site remediation, detailed plans for the final radiation survey, a description of the end use of the site (if restricted), an updated site-specific analysis of remaining decommissioning costs, and a supplement to the environmental 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 j as a license amendment and provide opportunity for a Subpart L hearing, as specified in Section 2.1201(a)(3), provided the spent 13 l
, , Y !/E8MS6 CDUlI, YbP hf kGb8d' hbYe bef[$ \
n~ chek & Yte @ [ COW
~
( kg_ hkQ ll - e u.: e. . i fuel had been removed from the site, otherwise, there would be opportunity for a Subpart G hearing, as provided for in the c
~iirrent rules. Tne 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 ! l comments, the Commission would issue an approval of a plan it j considered satisfactory and the approved plan would, through codification, become part of the FSAR. As i the current rule, the grrtealoida Commission would then issue an ++r permitting the licensee to execute the plan and, after this was accomplished and verified by I the NRC, the Commission would terminate the license. In order to clear up various ambiguities in the current and proposed rule, definitions of permanent cessation of operation, permanent removal of fuel from the reactor vessel, decommissioning ,
)
activity, a' ? major radioactive components would be codified in Section 50.. Since a licensee could choose to undertake various 1
)
decommissioning activities at the reactor facility 90 days after I the NRC receives the PSDAR, it is important to define what
" decommissioning activity" means. The definition chosen for the l l
purpose of the proposed rule 4' - 2<=+ m t ,.-w_ mhc 10 w n L -~ spWted% the rupplementary i*rm a t i e to the current daeemmission4ng ~ ' ^ 2nd-means, for a nuclear power reactor, any activity that results in permanent removal of major components, j modifies the structure of the containment, or results in dicrantling for shipment components containing greater than class 14 I i
)
C waste. This inclusion would not apply to components such as in-core detectors, which contain greater than class C waste, but in an insignificant amount. Accordingly, " major radioactive components" wculd be defined for a nuclear power reactor to comprise the; I $ .' reactor vessel and internals, steam generators, pressurizers, largel 9
'pipi g pum , and va ves.8h W -
bore ridtoarbe ue ptorcomoueds coolant syst$kvge t lov,e kwia,7ndh ce%ofplaf Certification requirements for 1 e permanent cessation of f -- operation and permanent removal of fuel from the reactor vessel would be specified in Sections 50.4 (b) (8) and(9). As stated earlier, the initiation of Phase I of the decommissioning process would occur once the NRC receives a formal declaration from the licensee that the licensee has permanently ceased operation and that all fuel has been removed from the reactor vessel. It is important that once a licensee has permanently ceased operation, fuel be removed from the reactor vessel and placed in a more stable configuration. The licensee would be required to state the date on which operations have or will be ceased in their certification of permanent cessation of operations. The licensee in their permanent removal of fuel from the reactor vessel certification would state the date on which the fuel was removed and it's disposition. Because of the various case specific requests for exemptions from operating requirements from licensees to address their status of permanent shutdown and permanent removal of fuel from the reactor vessel, the Commissjon has undertaken an analysis to determine the applicability of certain 10 CFR 50 requirements. The results of a portion of that study are presented in Section III. l l I l 15
* /
4 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), the licensee's request for l?'t during?Nok 4mw decommissioning}j or licensej plan approval. The second clarifies that Q-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 , I and must limit activities to actions necessary to decommission and l decontaminate the facility, or actions necessary to maintain the l i facility, including the storage, control and maintenance of the j 16 ; l l i 1
! l i = / l spent fuel, in a safe _ condition, and conduct activities in I accordance with all other restrictions applicable to the facility in accordance with'NRC regulations and provisions of the specific l part 50 license for the facility. Even though it has been stated ,
.that for non-power reactors there should be no expected delay in I completing decommissioning through to license terminati , t re e/ t* i may be um6eeeeeeer circumstances where this is not pccc wa.
Therefore, this clarification would also pertain to non-power l reactor licensees. III. Clarification of applicability of 10 CFR Part 5 '") 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 thu NRC, through certification, that the nuclear power reactor has ceased operation and that fuel has been permanently removed from the reactor vessel. Then, through codification, the commission removes the licensee's 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. Licensees have historically pursued relief from these requirements by means of obtaining license amendments and 17
. j l
exemptions. This process has placed significant resource burdens i 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 j l 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 i condition. The Commission proposes to amend a number of the j regulations contained in 10 CFR part 50 to clarify their applicability to permanently shut down nuclear power reactors. 4 1 The following provides a discussion of w technical l requirements which have been determined to have limited or no I applicability, and require clarification or modification of their applicability to permanently shut down nuclear power reactors. In all the examples below, the Commission is proposing to amend each specific regulation to clarify its applicability, nonapplicability, or limited applicability to permanentl . shut dow nuclear power l reactors. #" 6 / N/ E 0cf '/ CDVM/M W@, A. Technical Specifications The requirements for technical cpecifications are found in 10 CFR 50.36. The applicability of 10 CFR 50.36 to the operational phase of a nuclear power reactor is clearly understood. However, the existing regulation has caused uncertainty as to its applicability to the permanently shut down and decommissioning 18
.o l
f phase of a nuclear power reactor. The Commission is prcposing to j amend 10 CFR 50.36 to clearly indicate that the controls, limits, l and requirements established by the technical specifications are a continuing part of the license in the permanently shut down and decommissioning phase of a nuclear power reactor, although the l l Commission recognizes that technical specifications pertinent to the operational phase will need to be revised and amended to reflect p'lant conditions and safety concerns associated with permanent cessation of operations and permanent removal _of_the fuel- - from the reactor v el. i ~ Xc dC I'l / CE d h kIlY Yt9%0f /4 c hg U l VdV10 8 O V^ l4C It h libeqS'ep m.e n bhek
~~~
l - l B. Technical Specifications for Effluents I 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 for l l controlling radiological effluents are also required during the permanently shut down and decommissioning phase of a nuclear power l plant. l 19 I i
f. l C. Environmental Conditions
)
l 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 r~ G
; m:t/h 26 /
_ made a part of the license and required w A during the permanently shut down end decommissioning phase of a nuclear power plant. D. Combustible Gas Control l The combustible gas control requirements are found in 10 CFR 50.44. These requirements were instituted to improve hydrogen management in light water reactor (LWR) facilities and to provide specific design and other requirements to mitigate the consequences of accidents resulting in a degraded core. The requirements focus on the capability for measuring hydrogen concentration, ensuring a mixed stmosphere, and controlling combustible gas mixtures following a loss of coolant accident (LOCA). The concern for hydrogen generation during a LOCA does not exist with the permanently shut down power reactor. A nuclear power plant that has permanently ceased operation and permanently removed all of its 20
fuel outsidc of primary containment no longer presents challenges to the reactor pressure vessel and primary containment from accident-generated combustible gases, and such concerns are no longer an issue. Therefore, the Commission is proposing to amerd the requirements in 10 CFR 50.44 to indicate its_nonapplicability to this situation. 1 E. Emergency Core Cooling Systems (ECCS) Acceptance Criteria The acceptance criteria for ECCS for LWRs are found in 10 CFR 50.46 and in Appendix K. These regulations require that the ECCS be designed to limit post LOCA peak cladding temperature, clad oxidation, and hydrogen generation to specified values and provide for long term cooling. Without fuel in the vessel, ECCS systems are not required since a design basis LOCA could not occur. Therefore, the Commission is proposing to amend 10 CFR 50.46 and Appendix K to indicate their nonapplicability to a nuclear power reactor facility that has permanently ceased operations and has permanentlyremovedfuel. hon the
.peene reactor vessel.
F. Fire Pr itection 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. C1 ;dy, thczc h<<we/
-l e ? "^^9 Sr-cc-n-: r ' because the facility still remains 21
i s radioactively contaminated and may & %t TiRCT'7iM; maintain i fuel at the facility. Thus Section 50.48(f) has been added to the proposed amendments to require licensees that have permanently ceased operation and permanently removed fuel from the reactor y vessel maintain a fire protection program. 6 N C 7xpw chaw 5'e 45f 77 % ges i d G. Environmental Qualification (EQ) 8e /[h 6%F0md) The regulations for equipment qualification are found in 10 CFR 50.49. The regulation covers that portion of equipment ' important to safety commonly referred to as " safety related." Safety related structures, systems, and components (SSCs) are those that are relied upon to remain functional during and following design basis events to ensure (i) the integrity of the reactor coolant pressure boundary, (ii) the ce Lability 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 comparable 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; I 1 external events; and natural phenomena for which the plant must be j i designed to ensure the functions (i) through (iii) above. l l The EQ rule is clearly limited to electrical equipment that l l must function during design basis events. In response to comments j l on the final rule, (48 FR 2729, January 21, 1982), the Commission l 22 l l
noted that the EQ rule does not cover the electric equipment located in a mild environment. With permanent cessation of operations and permanent removal of fuel from the reactor vessel, the harsh environment associated with LOCA accidents can no longer occur. Therefore, the Commission is proposing to amend 10 CFR 50.49 to indicate its nonapplicability to a nuclear power reactor facility licensed under these conditions. H. Containment Leakage Testing In 10 CFR 50.54, paragraph (o) requires that primary containments for water cooled reactors shall be subject to ti 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 LOCA. Once a nuclear power reactor permanently ceases operation, the fuel is removed from the reactor vessel -ir th
.c. = t a i r m e ".t and placed in the spent fuel pool or an independent spent fuel storage installation After the fuel has been removed frc
-[rcmthe44e fea$ tJesSel (ISFSI) .
c c . . t r i r. : n'+, , 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 ef
1
* *y 6
l that has permanently. ceased operations and has permanently removed - fuel from the reactor vessel. l l I. Emergency Actions l l In 10 CFR 50. 54 (x) a licensee is allowed to take reasonable actions that may depart from a license condition or technical specification in an emergency. This is permitted when action is immediately needed to protect the public health and safety and no actions consistent with license conditions and te7hnical specifications that can provide adequate or equivalent protection are immediately apparent. h = ""^rd s..a ith le CFP-50_ E i (y) , emergan y ="tiene epaci fied in-IrCFR 50! mvi at-a rmc1 ear pc,;;r reactor that har cub,mit*^4 the-eei tifications in 5 50r849) (1) l
=c?!511 be eppwre by 2 ' 4 "aned ennicr operater, a r , _a ce rt-154ed
~
fu;1 -hv.01cr ) Tim to taki..r+ha-*eNe - 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 knowledge and plant experience. The licensed senior operator at an operating nuclear power reactor has the requisite knowledge and experience to evaluate plant conditions and make these judgments. The Commission is proposing to amend 10 CFR 50.54 (y) to permit a certified fuel handler at nuclear power reactors that have permanently ceased operations and permanently removed fuel from the i s reactor vessel to make these evaluations and judgments. A nuclear I , i Y l [ Yh ' a
< j 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 reactor is an indvidual who has the requisite knowledge and experience to evaluate plant conditions and make these judgements. J. Fracture Prevention Measures The regulations in 10 CFR 50.60, 50.61, and Appendices G and H specify the 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 operaticn, including anticipated abnormal operational occurrences. Once a nuclear power reactor permanently ceases operation, the fuel is removed from the reactor vessel ir thc 2. . . i ri :- - - - t and placed in the spent fuel pool or an ISFSI. Af ter the fuel has been 7 (62cYCf t/dSSG/ removed from the sentessunent, 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 30 CFR 50.60, 50.61, and Appendices G and H to indicate their nonapplicability to a nuclear power reactor facility that has 25
. m permanently ceased operations and has permanently removed fuel from the reactor vessel.
K._ Anticipated Transient 1..thout Scram (ATWS) Requirements The purpose of 10 CFR 50.62 is to require improvements in the design and operation of LWRs to reduce the like}ihood 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 RFS is no longer used. Therefore, the Commission is proposing to amend 10 CFR 50.62 to indicate its nonapplicability to a nuclear power reactor facility that has permanently ceased operations and permanently removed fuel from the reactor vessel. L. Monitoring the Effectiveness of Maintenance The applicability of 10 CFR 50.65'to the operational phase of a nuclear power plant is well understood. However, to eliminate 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 f t
h LCitkvn that the controls, limits, and requirements for monitoring the $6 ffib/s
/
effectiveness of maintenance is required during the permanently shut down and decommissioning phase of a nuclear power plant; facility that has permanently ceased operations and has permanenMk I removed fuel from the reactor-vessel. M. Maintenance of Records and the Making of Reports The requirements for licensees to periodically update the Final Safety Analysis Report (FSAR) are contained in 10 CFR 50.71. The regulation requires that " persons licensed to operate a nuclear power reactor" update the facility FSAR annually or after each refueling outage with intervals not to exceed 24 months. In order l-to ensure that applicable sections of facility FSARs continue to be updated, the Commission is proposing to amend this regulation to 1 make it applicable to licensees that have permanently ceased i operation and permanently removed fuel from the reactor vessel, l pursuant to Section 50.82 (a) (1) . IV. Criminal Penalties Provisions The existing provisions of 10 CFR 50.82 are treated as nonsubstantive and are not subject to criminal enforcement. Under the Commission's proposed amendments to 10 CFR 50.82, licensees would be required to take certain actions which the Commission believes are essential in initiating the decommissioning process; 27
. g.
e.g. , certifying to permanent cessation of operations and permanent removal of fuel from the reactor vessel, and submitting a PSDAR. Thus, the Cor. mission believes that the amended provisions of 10 CFR 50.82 should be cons 3dered as substantive and issued under the SS 161b, 1611, or 161o of the Atomic Energy Act of 1954, as amended. j 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 reguiations in Subpart A of 10 CFR part 51, that this rule, if adopted, would not be a major Federal ~ action signit_cantly affecting the quality of the human environment and therefore an ! environmental impact statement is not required. The proposed rule would clarify current decommissionir.; requirements for nuclear power reactors in 10 CFR part 50, and set forth a more efficient, uniform, and understandable process. The Commission has already analyzod 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, l 1988). The environmental assessment and finding of no significant I impact on which this determination is based are available for l 28
. < ;e e
inspect 'on . r.d r.isotocopying for & fee at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC. Paperwork Reduction Act Statement This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) This rule has been submitted to the Office of Management and Budget for review and approval of the information collection requirements. The public reporting burden for this collection of information is estimated to avera3e -(number will be supplied before publication in the Federal Recister) hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comrents regarding this burden estimate or any other aspect of this collection of information, including cuggestions for reducing this burden, to the Information l 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. 1. 1 1 29
- h e
Regulatory Analysis The NRC hcs prepared a draft regulatory analysis on this proposed regulation, The analysis qualitatively examines the corts and benefits of the alternatives considered by the NRC. The draft regulatory analysis is available for inspection in the NRC Pullic 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 l analysis. Comments on the draft analysis may be submitted to the l NRC as indicated under the ADDRESSES heading. Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980 (5 l U.S.C. 605(b)), the Commission certifies that this rule will not, ' if promulgated, have a significant economic impact on a substantial 1 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 j i 30 l
=h Flexibility Act or the Small Business Size Standards promulgated in i
regulations issued by the Small Business Administration (13 U.S.C. l Part 121). Backfit Analysis l The Commission is proposing not to apply the backfit rule, 10 CFR 50.109, to these proposed amendments, and therefore, a backfit analysis har not been prepared for this rule. The focus of the backfit provision in 10 CFR 50.109 is on operating reactors, and these proposed amendments would only apply to reactors which have permanently ceased operations. List of Subjects 10 CFR Part 2 Administrative practice, and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalty, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal. j 10 CFR Part 50 l f 1 Antitrust, Classified information, Criminal penalties, Fire I protection, Incorporation by reference, Intergovernmental 31
f 6 l relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements. 10 CFR Part 51 l Administrative practice and procedure, Environmental impact statement, Nuclear. materials, Nuclear power plants and reactors,
' Reporting and recodkeeping requirements.
i 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 following amendments to 10 CFR Parts 2, 50, and 51. i I 32 f i
;}}