ML20216F840
| ML20216F840 | |
| Person / Time | |
|---|---|
| Issue date: | 02/10/1995 |
| From: | Treby S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Morris B NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20216F445 | List: |
| References | |
| FRN-60FR37374, RULE-PR-2, RULE-PR-50, RULE-PR-51 AE96-1-021, AE96-1-21, NUDOCS 9803190114 | |
| Download: ML20216F840 (66) | |
Text
32
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UNMD STATES
. <Feldman:
NUCLEAR REGULATORY COMMISSION WASHir,GTON, D.C. 2055 % 0001 Trottier 0
% / February 10, 1995 OFFICE OF THE GENERAL COUNSEL MEMORANDUM T0: Bill Morris, Chairman Steering Committee on Decommissioning Rule Amendments Office of Nuclear Regula ry Research FROM: Stuart Treby Assistant Genera nsek(for[
Rulemaking and Fuel Cycle
SUBJECT:
COMMENTS ON DRAFT RULEMAKING PACKAGE FOR REVISION TO TH DECOMMISSIONING RULES RELATING TO PART 50 LICENSEES We have reviewed the draft of the above referenced rulemaking package which you provided to us on January 26, 1995.
part, accurately reflects the work of the steering committee.We We are believe the package, providing with this memorandum a number of comments to the specific language in the package. Many of our comments reflect modifications to the tone of specific paragraphs to a of the proposed changes.ppropriately emphasize the underlying basis for some In addition, we have added some conforming amendments,.not previously discussed by the steering committee, to reflect the need for certain procedures to subpart "L" for issuance of amendments to Part 50 licensees that may be subject hearings under the proposed modifications. Specifically, in accordance with the AEA, we have provided modifications to the proposed rule to assure that Part 50 license amendments being considered under subpart "L" for power reactors are published in the Federal Register 30 days before they become effective and, where a subpart "L" hearing is granted, we have made 3
modifications to assure that a "no significant hazards determination" is made
)
to determine whether the subpart "L" hearing will be completed before or after issuance of the requested amendment. The effect of these amendments will be to maintain similarity in the treatment of power reactor amendment requests both prior to and following removal of fuel from the site, with the exceptior, of the specific procedures for the hearing itself.
We understand that NRR is also submitting a number of comments on the rulemaking package.
before providing final OGC concurrence.We would like to review a revised version of the If you have any questions on the enclosed comments, please contact Bradley Jones of my staff at 415-1628.
cc: K. Cyr M. Malsch W. Olmstead B. Jones i q3 74 R
yV j i
EQB: The Commissioners FROM- James M. Taylor, Executive Director for Operations
SUBJECT:
PROPOSED RULEMAKING - REVISION TO 10 CFR PARTS 2,50, AND 51, RELATED TO DECOMMISSIONING OF NUCLEAR POWER REACTORS PURPOSE:
To provide the Commission we a notice of proposed rulemaking amending the decommissioning regulations in W CFR Parts 2,50, and 51. This responds to a Staff Requirements Memorandum dated October 5,1994 that requested the staff to review and rework the rule proposed in SECY-94-179.
SUMMARY
The proposed rulemaking would revise specific regulations pertaining to nuclear power reactors that permanently cease operation. These changes would include provisions in Parts 2,50, and 51 to clarify tim applicability of certain regulations to permanently shutdown nuclear power reectora, In addition, the proposed rulemaking would amend the decommissioning regulations in Part 50 to codify procedures and terminology that have been used in a number of specific cases.
BACKGROUND:
In SECY-94-179, " Notice 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 CONTACT:
Dr. Carl Feldman, RES 415-6194 4
The Commissioners 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 operatiens. The Federal Register package contained the amendments requested in the June 30,1993 SRM in Option 1. A second option was included by the staff and OGC that set forth additional provisions th_at would have limited the type of decommissioning activities a licenses could undertake following permanent cessation of operations.
On October 5,1994, the Commission issued an SRM in response to SECY-94-179.
The Commission (with all Commissioners agreeing) directed the staff to review and rework the proposed rule and further directed the staff to brief.the Commissioners on the framework for a revised rule prior to beginning any new proposed rule. A suggested decommissioning approach from Commissioner Rogers was included in the SRM and the staff was provided the option of suggesting alternative methods to this approach.
Briefings for the Commissioners were conducted November 8 and 19,1994 addressing the framework for the proposed rule.
DISCUSSION-The proposed rule included in the Federal Reaister Notice fobows the app [oach outlined by Commissioner Rogers in the October 5,1994 SRM. Any differences from the approach outlined by Commissioner Rogers or from the framewori: proposed by the staff will be highlighted in the discussion. The phased approach to decommissioning is primarily addressed through revisions to 9 50.82, Tarmination of license. A new section
- (a) is added that specifically applies to power reactor licensees. Provisions include a 30 day limit for a licensee to neufy @iff;t(the NRC-ef-their decision to permanently cease CONTACT: .
Dr. Carl- Feldman, RES 415-6194 2
l l
l The Commissioners l
operations, and a requirement to submit written certification to the NRC when fuel has been perrnanently removed from the reactor vessel.
Once these certifications are received the Part 50 license would no longer authorize operation, and as stated in the proposed rule, a number of requirements that specifically
- address operating limits would no longer apply. This would include 6 50.44, Standards for combustible gas control system in light-water-cooled power reactors; 6 50.46, 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; 50.60, Acceptance criteria for fracture prevention measures ;
for light-water nuclear power reactors for normal operation; $ 50.61, Fracture toughness requirements for protection against pressurized thermal shock events; and 9 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 l include 9 50.36a, Technical specifications on effluents from nuclear power reactors; 9 50.36b, Environmental conditions; 6 50.48, Fire protection; $ 50.65, Requirements for
- monitoring the effectiveness of maintenance at nuclear power plants; Appendix 1, Numerical Guides for Design Objectives and Limiting Conditions of Operation to Meet the Criterion "As Low As Reasonably Achievable" for Radioactive Materialin Light-
, Water-Cooled Nuclear Power Reactor Effluents, and 6 50.111, Criminal penalties. In
. the areas of fire protection and maintenance the requirements that would apply would ,
be commensurate with the risks associated with the presence of spent fuel onsite. In
- the absence of spent fuel these requirements would be further reduced to address only decommissioning activities. ;
The proposed rule would also require a licensee to submit a post shutdown 3
I 1
1 The Comissioners decommissioning activities report (PSDAR) within 2 years of permanently ceasing operation. To ensure that the li666iiis(Wiqdegpag@gjiFipar{th6f8@gg EViiWWEWunad, li61pifidliH0fdownRNRC Ond the public Orc Owcre Of the !!00n 00':
%ishe~ii3EdINQ!ic05EI575[55iihki 2 year time ji@fl period wc: 0"0:0n for submittal '
of this repod pislisl@@. 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 decommissior'ing activitites, an estimate of expected costs for these activities, and a discussion on whether the planned activities would be covered by the existing environmental assessments.
The proposed rule also states that the NRC will notice the availability of the PSDAR and solicit public comment on the report. In addition, the proposed rule states that the NRC -
will schedule a meeting in the vicinity of the site and will distribute the notice to newspapers local to the site, announcing the date, time, and location for the 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[gij6ij 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.
NStifrii16tshil6ffisl6~s5IlcifliUbli6'66isisiihtiiridEWihisiplisti65WthisWeii(W5EI)~
lackdes#aduiirnAX@ipostisggicinitpA6MAME6Ti~6faat wwid constitute Majgdecommissioning activities is included in the' proposed rule. Under the proposed rule, at the end of the 90 days, licensees would be permitted to begin Mijdij decommissioning activities provided they meet the criteria in 9 50.59. A new paragraph 9 50.59(d) has been added to the proposed rule that would codify the Commission's criteria lseM6dlilin @] January 13,1993 SRM that addressed] decommissioning activities that could be undertaken by permanently shutdown licensees.
i The proposed rule would also require licensees to inform the NRC of any significant l changes in the PSDAR scheduleggMils5([6jiiMMMM35@(MM@ i
[666iis[itihfMMfSDfu3. This provision was included to ensure that once a l licensee has committed to following a schedule, and so informed the NRC and the public, that significant changes to the schedule would be provided to the NRC so that h@C any inspections juiitib]iippf6pdatelp;sch6dUI6d[0! $ 50.59 009/!!!00 Oce!d 00ntinue.
The proposed rule would permit power reactor licensees to withdraw limited cmounts 4
The Commissioners from the ' decommissioning trust fund without NRC approval provided the conditions in
. the Commission's draft policy statement on the use of decommissioning trust funds are met. In addition, the proposed rule would allow licensees to the use a limited amount (3%) of the generic decommissioning cost amount specified in 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 use an additional 3
20% of the generic amount. This additional amount was chosen to allow licensees to undertake some early decommissioning and component removal activities prior to
. preparation _and submittal of a detailed cost estimate. The proposed rule specifies that use of any additional decommissioning trust funds would require submittal of a site-specific cost estimate. The proposed rule would require this submittal no lenger hijlsj than two yec s after permanent cessation of operations. This requirement in t".0 cu=nt i rule has been retained FM6(thj@tpilto provide the NRC with assurance that licensee's have adequately assessed the cost to decommission their facility. The proposed rule also retains the requirement that licensees who plan to delay completion of decommissioning with a period of storage provide a means for adjusting the funding level over the storage period to account for inflation, i
Section 50.51 has been modified to include a provision that is similar to that for matesele MMlicensees, 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 l l licensees submit a termination plan at least two years prior to the planned ,
- decommissioning completion date. The information t0 be in0!cd d Ieqiu@MKin the I termination plan would include a site characterization, description of remaining !
dismantlement activities, plans for site remediation, plans for final radiation survey, description of end use of site (l. restricted), and, if the proposed dctivities 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.
T'c rem !nder Of th!: =0'!On in th0 pr0p0=d n:!0 50 b=!="y un'c h=ged #0m the i
=!:t ng .T,quir m=t: Oddr00:!ng d 00mm!=!=ing for n= p0";0r r000ter: =d !!00n 0 t0=inct!= pr000 dure . A new paragraph is proposed to be added to Subpart L of Part 2 that would make it apply to amendment of a Part 50 license after fuel has been 5
a
=The Commissioners
_ permanently removed from the siteIslii3(?shliWpfiliCiWs"slii6siUld'HisiiBissibly M N ' M M M N N;.MN!hNhl!k9R P!**MdH!ygiicogee Wm ddfk$h1 M RESOURCESi The staff anticipates that there should be no need for additional resources to implement the revised rule since the effort previously expended on review of the preliminary 3 decommissioning plans for nuclear power reactors can be re-programmed to review the l PSDAR submittals and conduct S 50.59 inspections. )
0
'RELATED ACTION: j
. 1 The staff and OGC have reviewed the proposed Radiological Criteria for
. Decommissioning rule that is currently undergoing review of public comments. On December 6-8,1994 a workshop on restricted release provisions of the proposed -
radiological criteria rule was held in Washington, DC. A number :.f comments were raised on the need to upgrade the public participation process during decommissioning.
As proposed, this rule is compatible with the concepts presented in the Radiological Criteria for Decommissioning proposed rule and discussed in the workshop. The results of any comments received and incorporated into the final radiological criteria rule for -
decommissioning that would affect the rule currently being proposed will be addressed in the finalization of this rulemaking.
RECOMMENDATION:
\
That the Commission: !
1
' 1
- 1. Acorove publication of the proposed rule. ^
l
- 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. Acorove the recommendation to amend the Criminal Enforcement requirements in 50.111. .
6
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 be made available for public comment in the Public Document Room (Attachment 3);
- c. An environmental assessment and finding of No Significant Impact has been prepared and will be made available for public comment (Attachment 4);
- d. That in accordance with the Regulatory Flexibility Act, an initial regulatory flexibility analysis has been prepared. The analysis indicates that the .
economic imper' cn licensees and small entities will not be significant. l The draft analyw will be made available for comment and a copy will be i sent to the Chief Counsel for Advocacy of the Small Business Administration. )
- e. The proposed rule contains new information collection requirements and, l therefore, is subject to the requirements of the Paperwork Reduction Act I of 1980,44 U.S.C. 3501 et seq. The staffis preparing a draft Federal Reoister notice for OMB 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 7
m 9
I The Commissioners l h. Copies of the Federal Register notice of proposed rulemaking will be
! distributed to alllicensees. The notice will be sent to other interested l parties upon request.-
i l
Attachments: As stated (6) i l
a e
1 l
r 8
l t
4 The Commissioners
- h. Copies of the Federal Register notice of proposed rulemaking will be distributed to alllicensees. The notice will be sent to other interested parties upon request.
Attachments: As stated (6) l l
RECORD NOTE: A draft copy of the proposed rule was sent to OlG for information on:
Offe:RPHEB:DRA RPHEB:DRA D:DRA:RES D:ADM D:NR R D:NMSS Name:CFeldman DCool BMorris DMeyer WRussell RBernero Date: Il95 / 19 5 / 19 5 / 19 5 / 19 5 / l95 Offc:OGC D:OE D:lRM D:PA D:RES 7
i l
l
The Commissioners EDO Name:MMaisch JLieberman GFCranford WBeecher EBeckjord JTaylor Date: / /95 / 19 5 /195 / /95 / /95 / /95 OFFICIAL RECORD COPY RES NO.
i 4
l l
a 8 4
I-
[7590-01-P]
NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2,.50, and 51 RIN 3150-AE96
. Decommissioning of Nuclear Power Reactors AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
SUMMARY
- The Nuclear Regulatory Commission is proposing to amend its regulations on the decommissioning procedures that lead to the termination of an operating license for nuclear power reactors and j release of the property. 'The proposed amendments would clarify ambiguities that have arisen in the past and codify practices which have been utilized for other licensees on a case-by-case basis.
DATES: The comment period expires (90 days after publication in the Federal Register) . Comments received aftsr this date will be considered if it is practical to do so, but the Commission is able i to assure consideration only for comments received on or before this date. l ADDRESSES: Submit comments to: The Secretary of the_ Commission, j U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and Service Branch. Copies of comments :
1 l
l .
I received may be examined at the NRC Public Document Room, 2120 L Street NW. (Lower Level) Washington, DC.
Comments may be submitted electronically, in either ASCII text or Wordperfect format (version 5.1 or later) , by calling the NRC 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 j available for downloading and viewing on the bulletin board.
I If using a personal computer and modem, the NRC subsystem on 4 FedWorld can be accessed directly by dialing the toll free number:
1-800-303-9672. Communication software 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 subsystems can then be accessed by selecting the " Rules Menu" option from the "NRC Main Menu." For further information about options available for NRC at FedWorld consult the
" Help /Information Center" from the "NRC Main Menu." Users will find the "FedWorld Online User's 7uides" 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 l
i 4
Wide Web using the'"Home Page": www.fedworld. gov (this is the 3 j
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 l
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 b
FedWorld's " Regulatory, Government Administration" menu, then you l may return to FedWorld by selecting the '" Return to FedWorld" option from the "NRC Main Menu." However, if you access NRC at FedWorld i
by using NRC's toll-free number, then you will have full access to j l
all NRC systems, but you will not have access to the main FedWorld i system. For more information on NRC bulletin boards call Mr.
Arthur Davis, Systems Integration and Development Branch, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-5780; e-mail AXD3@nrc. gov.
l FOR FURTHER INFORMATION CONTACT: Dr. Carl Feldman, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, hashington, DC 20555, telephone (301) -415-6194,- Anthony W. Markley, l Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory l Commission, Washington, DC 20555, telephone (301)-504-1169 or, Bradley W. Jones, Office of the General Counsel, U.S. Nuclear 3
i l Regulatory Coninission, Washington, DC 20555, telephone (301) 504-1628.
1 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 9enalties provisions.
I. Background l
When the decommissioning regulations were published on June ]
27, 1988 (53 FR 24018) and adopted, it was assumed that the majority of nuclear power reactor licensees would decommission at the end of the operating license. Since that time a number of licensees have shut down prematurely without having submitted a decommissioning plan. In addition, these licensees have requested exemptions from operating requirements to address their status of I j
l no longer having fuel present in the reactor. Each of these cases has been handled individually without clearly defined generic requirements.
The Commission is proposing to amend the decommissioning regulations in 10 CFR parts 2, 50, and 51 to clarify ambiguities in l the current regulations, and to codify procedures and terminology that have been used in a number of specific cases. The Commission 4
l
1 believes that the proposed amendments would enhance efficiency and uniformity in the decommissioning process for nuclear power reactors. The proposed amendments would allow for greater public participation in the decommissioning process and furnish the licensed community and the public a better understanding of the process as the operating personnel at a nuclear power reactor facility undergo the transition from an operating organization to a decommissioning organization. In particular, this rulemaking would address the process which begins with a licensee's decision to permanently cease operations at the facility and concludes with the Commission's approval of licensee termination.
The conceptual approach the Commission has chosen divides the decommissioning activities into phases I, II, and III. Phe"e 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 during the storage period, and Phase III deals with the activities the licensee undertakes to terminate the license.
The implementation aspects of this approach comprise the following. At the initiation of Phase I, certifications would be provided to the NRC that the licensee has permanently ceased operation and permanently removed all fuel from the reactor vessel.
At this time, the licensee [Nodl;d?b;5%g61iihiEsdiby[fegu15Eil6h[ffosi bpsisElny , through rule codificction, would no longer bc pcrmitted l to operctc the reactor. IrQaddiEi6njymanygarE35MFeqdif6hishEWisis yiEheE[6hhe#ess'spyydEEliig?'iEhsg65R[psinsnsiiE]jlshEEd6WEMBlf5ths' 5 .
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EREbbIiibiP 555[5Eih5}M5EMN16f$Ehk2fkE11 TEE 5dThe Proposed rule would also
@$4}jchanges manyyd Part 50 rule requirements thct would be unneccccary or requirc modification f6Msfispyji @ hiI$hhhysdisy&Eds ((((h((Q111Ep]duringthedecommissioningprocess. The licensing fee would also be substantially reduced because the license would no longer meet the requirements for an operating license as specified in Section 171.5. No major decommissioning activities, as defined in Section 50.2, would be allowed initially, although limited licensee decommissioning trust funds would be made available for planning purposes and early activities. The remaining decommissioning funds would be made available with receipt of the licensee's detailed decommissioning cost estimace. Prior to undertaking major decommissioning activities, the licensee would be required to provide the NRC with a post shutdown decommissioning activities report (PSDAR) that provides a schedule of planned decommissioning activities, an estimate of the decommissioning costs expected to be incurred, and a discussion of environmental impacts. The NRC would then inform the public of the licensee's intent'to decommission and solicit public comment on the proposed activities and would hold a public meeting in the vicinity of the site to describe the planned activities and receive additional public comments. After a short 1 period of time for the NRCy ojconsidsK plEb;11b 30 mms lEEsyyhdff5jiEE i Khy]PSDAR[pf6pbsil5]fodd6nsiltshyp[withlEhygfsbiliEyfl{csEs5[shd 5h gp6pmisilapip p sgulaEf6 W to respond to public cc=cnts, the 6 , (
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}mp[ementi Q th65s[changssh ]After a period of storage (Phase II),
Phase III would be initiated when the licensee's application to terminate the license and license termination plan warc received by the NRC. At chis time, a supplemental environmental report would also be required if there was the possibility of significant environmental impacts not previously covered in'other reports. The Commission would notice receipt of this information and provide 7
opportunity for a Subpart L hearing on the license termination plan, provided spent fuel had been removed from the reactor (Part 50 license) site. After resolution of comments {fidd/65 @pdipispl6p
@fffy/)) M ppj(j[{ Ksyf{p((@p((hM {sisihEEiddjylin, the Commission would issue a termination - of license order ih6pfpbisy'ijQh5
[dypiQpipp]lp[En}}${pfyyhsylibshyss{s]!fgg{sEQpermitting the licensee to implement the license termination plan. Once t-his order had been enacted by the licensee hsjjy@di[p[s{sujigl[shispfajips yf[yh@]{jsMihapid6[pljfjand the Commission had@ detcrminedgy(Jfisd; - that the licensee hi. s. Ys,s. Ii EisfiOE6fil.~pw._iiipfs_issd,E.s.
- WEths.n VE ,disihiEi'6.5 pl;arjwas in compliance with the Ordcr then, as in the existing rule, the Commission would terminate the license.
There are two aspects of these proposed regulatory changes that can affect both power and non-power reactor facilities, and are addressed in the rulemaking for purposes of clarification. The first entails pyOV[deQthat environmental requirements for conditional release situations be explicitly considered (in 10 CFR 51) based on the prope ed decommissioning residual radioactivity criteria rule (59 FR 43200; August 22, 1994). The second clarifies that a license that has expired is not terminated unH.1 the Commission terminates it, and further clarifies what conditions prevail under such circumstances. On August 22, 1994, the NRC published for comment a proposed rule on radiological criteria for decommissioning (59 FR 43200) . Section 20.1406(b) of the proposed rule would require that a Site Specific Advisory Board (SSAB) be convened' in cases where a 8 s
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~-
I l 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 k 10 CFR 50.75, 51.53, and 51.95, as well as the 10 CFR 50 technical requirements, , to ascertain the 9
O appropriate regulatory path to take that woulck ameliorate current licensing concerns without compromising health and safety. The current rule requires a licensee to submit a preliminary decommissioning plan 5 years prior to permanent cessation of operation, with a site-specific cost estimate and adjustment of financial assurance funds, and a detailed decommissioning plan to the NRC within two years after permanent cessation of operation. At that time, a supplemental environmental report must also be submitted to the NRC describing any substantive environmental impacts that are anticipated, but not already covered in other environmental impacts documents. The decommissioning plan contains a site-specific cost estimate with decommissioning funds adjusted in an external trust to make up for any shortfall. Currently, prior to approval cf the decommissioning plan by the Comission, no decommissioning trust funds can be used. Finally, aside from the licensee voluntarily informing the public about decommissioning activities, very limited public input or participation is formally required in the current rules. The proposed rule would preserve the substantive elements of the current regulations, provide for greater public participation in the decommissioning process, and allow the licensee [Qp6ff6fj me-rc latitude in completing t-he necessary decommissioning activities provided certain constraints are met. The prcposed rule should make the encctment IQlip'sQtii]6h{of the decommissioning process more amenable to current licensing needs and improve the process in the areas of understandability, efficiency, and 10
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 j the current ruics, the licensee should be permitted to perform mincr maintenance iiFZ5.d.iini's.ii_bh_i_@mactivities m ._m through the use of the
)
Past $50.59 process. Once the NRC has received the licensee's certifications of permanent cessation of operation and permanent removal of fuel from the reactor vessel, Section 50.82 (a) of the proposed rule would prohibit the licensee from operating the power reactor facility.[jThiggsynl Eysd1E{ijijjhssifyghs@@j}'spjylh@ ' y(ejpylp@Mjpys@4)M[phQy[{yh[yQyf{p])pjppygEEK@ijfjyj}J{fyj This would entitle the licensee to a licensing fee reduction since i they would no longer have an " operating license" as defined in Section 171.5. At an carly time d puring the Phase 'I process, Ccction i M-&2 ( a) would requirc that within tuc years after the licensee provides the NRC with certifications of permanent cessation of operation and fuel removal from the reactor vessel, 563Ei6H x.m - _ _m 1 _$0_78_2_Ts))[.p~f6Vid.s.5. m .
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(PSDAR) @sy wouM be submitted to the NPC. The PSDARjrcport would
~
include a description of the licensee's planned decommissioning l activities along with a schedule for their accomplishment, a . 1 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 11
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 adnounce the location and time of a public meeting to be held in the vicinity of the reactor f acility 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 license: 'o make changes to the facility during operation without express NRC approval provided chese changes mesElyculd not /ic1cte the conditions listed in Section 50.59, and the licensee prepares a written safety evaluation which provides the basis for their determination that the planned changes meets the criteria specified in the regulation. The NRC reviews these evaluations periodically to ensure that the l licensee is complying with the regulation. To ensure that licensees adequately address the unique circumstances associated with decommissioning activities, the Commission is proposing to include additional criteria for the use of Section 50.59 during l 1 decommissioning (for both power and non-power reactors, although ncn-power reactor licensees could not perform decommissicning activities as defined in Section 50.2 until they had an approved decommissioning plan - as in the current rule). The Commission proposes that in Using[the ucc of the Part 50.'59 processfoj]yosQ shdtd6pnyyc6ifiEie,sl the licensee musRm6eWthsynct ticictc the l 1 12 4
following criteria _shis._ hip _if6_Yi_d.s]!.Ea_ET_th,s_y_r_6p.6ss..d_.ise...f.i_Vi'ti_id._sifis_us_E.
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m. l ii_bE: (1) foreclose release of the site for possible unrestricted
~~
use, (2) significantly increase decoma:ssioning costs, (3) cause any 'significant environmental impact not previously reviewed, or l (4) violate the terms of the licensee's existing lice;4se. To undertake any activity that would not meet these criteria would rcquire the licensee te pigsubmit a license amendment request, sj {jg(Q){ppMffj @jp M }j @ pp underac is usually required uddcr Section 50.59(c). The Commission also intends to codify their }Ei] position , embodied in the draft policy statement "Use of Decotrenissioning l Trust Funds Before Decommissioning Plan Approval" (59 FR 5216; l February 3, 1994) that the licensee shou d be allowed to use L decommissioning trust funds subject to certain criteria. The l Commission recognizes the need for the licensee to provide adequate financial assurance to complete decommissioning at any time during I l operation}jthrough[6@toyhd((ndludihy{terminationoflicense2and is preposing criteria that keeps this in mind, along with criteria that specify when and how much of these trust funds can be used. In accordance with the current rule, the Commission proposes to retain, under Section 50.75(f), Ehjj@jisin56%[f6Qsite- specific cost estimates 5 years prior to and within two years af ter the l licensee's declaration of permanent cess 2 tion of operation $ the lattcr being only an inflationary update cctimatc, if cpproprictc. l Once the NRC has received the licensee [s. certifications of t permanent cessation of operation and permanent removal of fuel from ! 13
I the reactor vessel, decommissioning trust funds could be used by the licensee provided the withdrawal of funds would not reduce the decommissioning trust fund below an amount necessary to place and maintain the reactor facility in a safe storage condition until decommissionir.g can be completed 7r inhibit the licensee's ability to complete funding of any shortfalls in the decommissioning trust needed to ensure the ultimate release of the site. The proposed rule would permit, under Section 50.82 (a) (7) , that 3% of the generic decommissioning cost amount, specified in Section 50.75, could be used by the licensee initially for planning and routine maintenance activities. Following the 90 day waiting period after the NRC has received the licensee's PSDAR, an additional 20% could be used to begin component dechnEsmihafibnyahd3 dismantlement activiti es . Finally, the proposed rule would require site-specific cost analysis to be submitted to the NRC prior to the licensee being permitted to use any additional funding in excess of these amounts. 1 After a possible period of storage (Phase II of the decommissioning process), Section 50.82 (a) (8) of the proposed rule
! requires the licensee to complete decommissioning by submitting an application to terminate the license along with a license termination plan linitiation of Phase III of the decommissioning process). This process is similar to what is in the current rule requirements for a power reactor facility that has permanently ceased operation and decides tc go into a storage mode. For this situation, the current rule allows a less detailed decommissioning I
14 ) i
plan initially, and the more detailed plan prior to the near term completion of decommissioning, since at that time more accurate planning can be accomplished. The elements of the termination plan ehould contain similar elements for. consideration as the current rule would require and good practice dictate. In particular, the proposedrulewouldrequirethatyhg(sisinKQ6E31Hjh-contain.a site characterization, a description of remaining dismantlement activicies, plans for site remediation, detailed plans for the e final radiation survey, a description of the end use of the site (if restricted), an updated sitt specific analysis of remaining decommissioning costs, and a supplement to the environmental report, as required by Section 51.53, describing any new information or significant environmental change associated with the licensee's proposed decommissioning activities. The NRC would notice receipt of the license termination plan as a license amendment and provide opportunity for a Subpart L hearing, as specified in Section 2.1201(a) (3), provided the spent fuel had been removed from the site. Otherwise, there would be opportunity for a Subpart G hearing, as provided for in the current rules. The Subpart L hearing is a fairly informal public hearing proccccr appropriate for the nature of a permanently shutdown facility where the spent fuel has been removed offsitej MM{Q(hW][dsfuslsdgsly&$iss;embleggs@s]Eni(16dMshsTp56usgEd
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the Commission would issue an approval cf a plan it consid: red caticfactory and the approved plan vculd, through codification, y sshinv.is.n_dm.shE,xc.s.pp*f6VihpIEhs.swa+a+s.uuvm.s..+sf,v fibs,h.wsue,.ps www+ .w v.+ m.v.v. Ew .. v %y~ vx .*w a IEE i nii w i6.mmme.p.
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become part of the FSAR. As in the current rule, t h e O c.,;..ic.i c c i o n 1sesEs~siMwould then 4rcuc an crdcr permitting the licenccc to I execute the plan and, after this was accomplished and verified by j 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, and major radicactive components would be codified in i Section 50.2. Since a licensee could choose to undertake various l i insi6_i, decommissioning activities at the reactor facility 90 days I after the NRC receives the PSDAR, it is important to define what
" decommissioning activity" means. The definition chosen for the purpose of the proposed rule is consistent with the incent specified in the supplementary information to the current decommissioning rule and means, for a nuclear power reactor, any activity that results in permanent removal of major components, ;
mo'difies the structure of the containment, or results in ; dismantling-for shipment components containing greater than clasr C waste. This inclusion would not apply to components such as in-i 16
n core detectors, which contain greater than class C waste, but in an insignificant amount. Accordingly, " major rcdiccctive components" would be defined for a nuclear power reactor to comprise the reactor vessel and internals, steam generators, pressurizers, large bore reactor coolant system piping, pumps, and valves. Certification requirements for licensee permanent cessation of operation anc'. 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 i would occur once the NRC receives a formal declaration from the licensee that the licensee has permanently c' eased operation and that all fuel has been removed from the reactor vessel. It is important that once a licensee has permanently ceased operation, j 1 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 wil'. be cccccd {sjss in'{its their certification of permanent cessation of operations. The licenseejj in thei-r ((sjysjpifiy@ipQsp@{sQ{ permanent removal of fuel from the reactor vessel-ccrtificction?. would state the date on which the fuel waa removed and it's disposition. j Because of the vericus pfspibO @ case specific requests Ep NRQ hypjp %)s is4 (({ Q lisihises:sy for exemptions from operating i requirements from licensccc to cddrecc their Kiijfsd6yh[ftibh][6fj@ge ctctur., of permanent shutdown bf[t{s]Q@ljijfgand permanent removal of fuel from the reactor vessel, the Commission has undertaken an analysis to determine the Eppjdpgi{Eshyssiblfjfjspplyfiij certain 10 17 !
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- ~ ~ - - The results of a portion of that stucy are presented in Section III.
This proposed rulemaking primarily addresses power reactor l facilities cecause, unlike non-power reactor facilities, long delay l can routinely occur (nc= ally 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 involvcc envirc=cntal rcquir=cnto for conditional relcacc cituations ac diccuccc;i in the propcccd dccc =iscioning residual radicactivity critcria rule ( 50 ln 022 00 ; l l August, 22, 1994) bc explicitly considered, under propcccd Ocction l 1
- 51. 52 (b) (and correspondingly, under propcccd Ocction 51.05 for NRC i
l ctaff requir=cntc ) , during the licenccc'c requcct for l dccc=icsioning cr licencc plan approval. [ Previous Sentence unclear, needs to be rewritten] Comment: The oroposed rule also makes the revised S50.59 provisions applicable to non-operating non-power reactors. Accor5ingly, this discussion should be modified to refer to "three" aspects applying to all reactors, rather than just two. The second clarifies that a license that has expired is not tc =inated, under proposed Section 50.51(b), 18
1
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a ew ggo ns,, ,,,y, .p. -- c. p c,, o _ -er6 - an. ,(op_ era _ti.,p..v_v.;) vpry thxs,:. e,rgth.,sr on- until the Commission notifies the licensee in i { 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 i prohibited from operating the production or utilization facilityQ l and must limit activities to actions necessary to decommission and decontaminate the facility, or actions necessary to maintain the facility, including the storage, control and maintenance of-the spent fuel,- in a safe condition, and i,_dds.Siconduct activities in
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accordance with all other restrictions applicable to the facility j a in accordancc with NRC regulations and provisions of the specific part 50 license for the facility. Even though it has becn stated t-hat-for non poucr reactor therc chould bc nc cxpected dcicy in ___,_ .:._2__ .u _. . _.u u viny . w w .2 say __ .a _ . . uwww. m.m.w w.a.vaa.2mag _ _ wasa.v u gaa wv
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III. Clarification of applicability of 1.0 CFR Part 50 to permanently shut down and dcccc=iccioning nuclear power plants 4 19 ) i i f i
l Once a decision has been made to permanently cease operation of a nuclear power reactor, then the proposed rule requires that the licensee must notify the NRC, through- 15fij[ certification, that the nuclear power reactor has ceased operation and that fuel has been permanently removed from the reactor vessel. Then, through codification]by[6psfatilbhjyfsrepnisti6d, the Commission removes the licensee's authority to operate the reactor or to maintain or place fuel in the reactor vesselfl[sl%ssisijstslsd, as specified in proposed Section 50.82 (a). This licenace pccccca re h6 M6psisEi g 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 i , l requirements by means of obtaining license amendments and i 1 exemptions. This process has placed significant resource burdens , upon both licensees and the Commission. Af ter a nuclear power i l reactor is permanently shut down and awai' ting or undergoing l 1 decommissioning, certain regulations, which are based on full power l operation, are no longer hebssss @[applicabic. Other regulations I may have limited applicability but require modification to appropriately address the concerns associated with the permanently l Y c shut down condition. The Commission proposes to amend a number of i i the regulations contained in 10 CFR part 50 to clarify their { l applicability to permanently shut down nuclear power reactors. ! The following provides a discussion of numerous technical ; requirements which have been determined to have limited or no I applicability, and require clarification or modification of their I i 20 l
applicability to permanently shut down nuclear power reactors. In all the examples below, th? Commission is proposing to amend each specific regulation to clarify its applicability, nonapplicability, or limited applicability to-permanently shut down nuclear power reactors. A. Technical Specifications The requirements fer technical specifications are found in 10 CFR 50.36. The applicability of 10 CFR 50.36 to the operational phase of a nuclear power reactor is clearly understood. However, the existing regulation has caused uncertainty as to its I applicability to the permanently shut down and decommissioning phase of a nuclear power reactor. The Commission is proposing to amend 10 CFR 50.36 to clearly indicate that the controls, limits, and requirements established by the technical specifications are a continuing part of the license in the permanently shiit down and decommissioning phase of a nuclear power reactor, although the Commission recognizes that technical specifications pertinent to the operational phase will need to be revised and amended to i reflect plant conditions and safety concerns associated with permanent cessation of operations and pertranent removal of the fuel from the reactor vessel. I B. Technical Specifications for Effluents 21
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 controlling radiological effluents are also required during the permanently shut down and decommissioning phase of a nuclear power plant. i l { l 22
C. Environmental Conditions Requirements asGociated 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 l l phase of a nuclear power plant. The Commission is proposing to amend 10 CFR 50.36b to clearly indicate that conditions to protect { the environment may be made a part of the license and required during the permanently shut down and decommissioning phase of a l l nuclear power plant. l l D. Combustible Gas Control t 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 l 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 concer$tration, ensuring a mixed atmosphere, and controlling combustible gas mixtures following a loss of coolant accident (LOCA). The concern for hydrogen generation during a LOCA does not exist with the permanently shut down power reactor. A nuclear power plant that has permanently ceased operation and permanently removed all of its 23
i fuel outside of primary containment no longer presents challenges to the reactor pressure vessel and primary containment from accident-generated combustible gases, and such concerns are no i i longer an issue. Therefore, the Commission is proposing to amend I the requirements in 10 CFR 50.44 to indicate its nonapplicability to this situation. E. Emergency Core Cooling Systems (ECCS) Acceptance Criteria I The acceptance criteria for ECCS for LWRs are fcund in 10 CFR 50.46 and in Appendix K. These regulations require that the ECCS l 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 l Appendix K to indicate their nonapplicability,to a nuclear power reactor facility that has permanently ceased operations and has permanently removed fuel prom the reactor vessel. F. Fire Protection Section 50.48 does not address fire protection for power reactor facilities that have permanently ceased operation and permanently removed fuel from the reactor vessel. Clea*1y, there 1
.is a need for concern because the facility still remains 24 )
L . radioactively contaminated and may (and most likely will) maintain fuel at the facility. Thus Section 50.48(f) has been added to the proposed amendments to require licensees that have permanently ceased operation and permanently removed fuel from the reactor vessel maintain a fire protection program. G. Environmental Qualification (EQ) The regulations for equipment qualification are found in 10 CPR 50.49. The regulation covers that portion of equipment important to safety commonly referred to as " safety related." l Safety related structures, systems, and components (SSCs) are those ; l l that are relied upon to remain functional di1 ring and following design basis events to ensure (i) the integrity of the reactor l coolant pressure boundary, (ii) the capability to shut down the reactor and maintain it in a safe condition, and (iii) the
- _ capability to prevent or mitigate the consequences of accidents
. that could result in potential offsite exposures comparable to the q
guidelines of 10 CFR part 100. Design basis events are defined as conditions of norma- operation of the reactor, ir.luding anticipated operational occurrences; design basis accidents; external events; and nacural phenomena for which the plant must be designed to ensure the functions (i) through (iii) above. The EQ rule is clearly limited to electrical equipment that must function during design basis events. In response to comments on the final rule, (48 FR 2729, January 21, 1983), the Commission 25
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. l 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 I containments for water cooled reactors shall be subject to the
-requirements of 10 CFR Part 50, Appendix J. This appendix requires periodic testing to verify the leak-tight integrity of the primary -containment and those systems and components that penetrate the containment. The primary containment of an operating reactor is one of several fission product barriers designed to protect the public health and safcty 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 in the !
containment and placed in the spent fuel pool or an independent spent fuel storage installation (ISFSI). After the fuel has been removed from the containment, the LOCA car $ 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 26
that has permanently ceased operations and has permanently removed fuel from the reactor vessel. 1 I. Emergency Actions I In 10 CFR 50.54 (x) a licensee is allowed to take reasonable actions that may depart from a license condition or technical specification in an emergency. This is permitted when action is immediately needed to protect the public health and safety and no actions consistent with license conditions and technical
- specifications that can provide adequate or equivalent protection are immediately apparent. In accordance with 10 CFR 50.54(y),
emergency actions specified in 10 CFR 50.54(x) at a nuclear power reactor that has submitted the certifications in S 50.82(2) (1) shall be approved by a licensed senior operator, or, a certified fuel handler prior to taking the action. l These regulations serve to ensure that emergency action ; decisions necessary to protect the public health and safety are l I 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 fr 1 from the reactor vessel to make these evaluations and judgme- .o. A nuclear 27
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 yQQfiId]fii6TQiAndlyf[ note to Carl Feldman -This term is not defined in the regulations to my knc> ledge. I understand in practice it may mean a person certified bly a licensee program which has our prior approval. If that's the l case we need to set up some definition, and perhaps some process, ' by-which the licensee's program will be approved. Otherwise, how will we be able to know what a " certified fuel handler" is? Also, hilould the staff consider changes to Part 55 to recognize this new designation?] at a permanently shutdown or decommissioning nuclear power reactor is an ind.ividual 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 I LWRs. The intent of these regulations is to maintain reactor coolant pressure boundary integrity by assuring adequate margins of safety during any condition of normal operation, including anticipated abnormal operational occurrences. Once a nuclear power reactor permanently ceases operation, the fuel is removed from the reactor vessel in the containment and 28
placed in the spent fuel pool or an ISFSI. After the fuel has been removed from the containment, accidents and transients which affect the integrity of the reactor coolant pressure boundary can no longer occur. The measures required by these regulations are no longer necessary. Therefore, the Commission is proposing to amend 10 CFR 50.60, 50.61, and Appendices G and H to indicate their nonapplicability to a nuclear power reactor facility that has permanently ceased operations and has permanently removed fuel.from the reactor vessel. l K. Anticipated Transient Without Scram (ATWS) Requirements The purpose of 10 CFR 50.62 is to require improvements in the i design and operation of LWRs to reduce the likelihood of reactor ' protection fstem (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 cor e rPator to operating ple.nt risk, it is not relevant to nuclear power plants that have permanently ceased operations since fuel has been removed 1 from the reactor and the RPS is no longer used. Therefore, the Commission is proposing to amend 10 CFR 50.62 to indi.~ce its nonapplicability to a nuclear power reactor facility that has permanently ceased operations and permanently r'e moved fuel from the reactor vessel. 29
L. Monitoring the Effectiveness of Maintenance i The applicabilit.y of 10 CF.150.65 to the operational phase of , s 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 ! l Commission is proposing to amend 10 CFR 50.65 to clearly indicate j i that the controls, limits, and requirements for monitoring the ef fectiveness of maintenance is required during the permanently shut down and decommissioning phase of a nuclear power plant I facility that has permanently ceased operations and has'perTnanently removed fuel from the reactor vessel. i I M. Maintenance of Records and the Making of Reports The requirements for licensees to peri 6dically update the Final Safety Analysis Report (FSAR) are contained in 10 CFR 50.71. The regulation requires that " persons licensed to operate a nuclear power reactor" update the f acility FSAR annually or after each ! refueling outage with intervals not to exceed 24 months. In order to ensure that applicable sections of facility FSARs continue to be updated, the Commission is proposing to amend this regulation to make it applicable to licensees that have permanently ceased operation and permanently removed fuel from the reactor vessel, pursuant to Section 50.82 (a) (1) . g i i;. . + 30 "4
i- IV. Criminal Penalties Provisions The existing provisions of 10 CFR 50.82 are treated as nonsubstantive and are not subject to criminal enforcement. Under ths 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; e.g., certifying to permanent cessation of operations and permanent removal of fuel from the reactor vessel, and submitting a PSDAR. Thus, the Commission believes that the amended provisions of 10 CFR 50.82 should be considered as substantive and issued under the SS 161b, 1611, or 161o of.the Atomic Energy Act of 1954, as amended. Accordingly, the Commission is proposing to amend 10 CFR 50.111(b) to . remove the exemption for S 50.82 from the criminal penalty I provisions. Finding of No Significant Environmental Impact Availability The Commission has determined that- under the National Environmental .olicy Act of 1969, as amended, and the Commission's regulations in Subpart A of 10 CFR part 51, that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and therefore an environmental impact statement is not required. The proposed rule would clarify current decommissioning requirements for nuclear l ' power reactors in 10 CFR part 50, and set forth a more efficient, I 31
uniform, and understandable process. The Commission has already analyzed the maj or 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 (r,3 FR 24018, June 27,
-1988). The environmental assessment and finding of no significant
[ impact on which this determination is based are available for inspection and photocopying for a fee at the,NRC Public Document Room, 2120 L Street NW. (Lover Level), Washington, DC. l l Pape; work Reduction Act Statement l 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 submit +.ed to the Office of Management and Budget for review and appr.sval of the information collection requirements. The public reporting burden for this collection of information l is estimated to average (number will be suoplied 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 comments regarding t+is burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Information and Records Mhnagement Branch (T-6 F33), U.S. Nuclear Regulatory l 32 l
l l 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. I l I l I l l l 33
L j Regulatory Analysis The NRC ha5 prepared a . draf t regulatory analysis on this I proposed regulation. The analysis qualitatively examines the costs
.and bene. fits of the alternatives considered by the NRC.
The draft regulatory. analysis is available for inspection in the NRC Public l Document Room, 212 0 - L Street NW. (Lower - Level) , Washington, DC 20555. Single copies of the analysis may be obtained from Dr. Carl Feldman, Office of Nuclear ' Regulatory Rese' arch, U.S. Nuclear l Regulatory Commission, Whshington, DC 20555, telephone (301) 415-l 6194.
- j. The Commission requests public comment on the draft regulatory analysis. Comments on the draft analysis may,be submitted to the NRC as indicated under the ADDRESSES heading.
, Regulatory Flexibility Certification I In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the Commission certifies that this rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. The proposed rule would impose requirements for timely decommissioning of nuclear power plants. I The companies that own these plants do not fall within the scope of the definition of small entities as given in the Regulatory 34 f i
I l Flexibility Act or the Small Business Size Standards promulgated in regulations issued by the Small Business Administration (13 U.S.C. Part 121). l Backfit Analysis The Commission is proposing not to apply the backfit rule, 10 CFR 50.109, to these proposed amendments, and therefore, a backfit analysis has not been prepared for this rule. The focuc gj6pf of the backfit provision in 10 CFR 50.109 is li_tiliEs_di.<._E,6EE66_s.E_E_UBE. s _ . mme - ibH 5 5 4 2 ) P y Q g p jj; 6 f ]l{ c n operating reactorsf.] and tplese proposed amendments would only apply to reactors which have permanently ceased operations [ijind$ysjsp,ch[yGouldirioEE@6nEiEUps]ph6KfiQ[dpdef ((CFR{$0Q09;. List of Subjects l l 10 CFR Part 2 Administrative practice, and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear l ! materials, Nuclear power plants and reactors, Penalty, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal. l l l 10 CFR Part 50 35 I I j
I
.. j e
Antitrust, Classified information, Criminal penalties, Fire protection, Incorporation by ref t; ence, Intergovernmental relations, Nuclear power' plants and-reactors,_ Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements. 10 CFR Part 51 ti Administrative practice and procedure, Environmental impact statement, Nuclear materials, Nuclear power plants and reactors, Reporting and recojdkeeping requirements. For reasons set out in the preamble and under the authority of , 1 l 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, l 50, and 51. I 36
t v i PART 2- RULES OF PRACTICE FOR DOMESTIC LICENSING PROr'RRDINGS l AND ISSUANCE OF ORDERS
- 1. The authority citation for part 2 continues to read as follows:
Authority: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 l U.S.C. 5841); 5 U.S.C. 552. l 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 ) , l l 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. i 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, i l 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183, 389, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2: 33, l 2134, 2135, 2233, 2239). Section 2.105 also issued under Pab. 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 (4 2 U. S . C . 2236, 2282); sec. 206, 88 ' ' Stat. 1246 (42 U.S.C. 5846). Sections 2.600-2.606 also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. 1 l 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. l '135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, j 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, l as amended (42 U.S.C. 2039). Subpart K also issued under sec. 189, i l 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. l 2230 (42 U.S.C. 10154). Subpart L also issued under sec. 189, 68 l Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, , l Pub. L. 91-560, 84 Stat. 1473 (42 U.S.C. 2135). 1
- 2. In S 2.1201, paragraph (a) (3) is added:
l S 2.1201 Scoce of suboart. t (a) * *
- l (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 toe reactor in accordance with S 50.82 (a) (1) . 1
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' opportunity' for, a ' waring , under ' the ' procedures / set forth in' this' subpart, must be' published 'in the; federal ; register at,least 30' day PMontg_issuanc,e,of'pherepested,amenqueptynghefcommi,esiong,s
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' amendment', described 'in: 'S2.1201(b) (3) , ' tho' Commission, prior -to' lasuance of the' reque'sted amendment, ' will follow / the; procedures"isi 550,91, and - $50.92 (c) 'to the extent' necessary , to make a determination on whether thel amendment involves: a. significant l
hazards ' consideration".J ,It' the' Commission. finds there, are'
'significant shazards consi'derationsi involved fin' the,, requested amendment;' the amendment' will c not 'be issued' until any hearings' Unde,r, ,th.i,s-c ~sub' sect. .ionf are n ,~ . ,, .. .~ ~
complete,d.
- ~ l PART 50- DOMESTIC LICENSING OF PRODUCTION AND 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, , l 68 Stat. 936, 937, 938, 948, 953,.954, 935, 956, as amended, sec. { 234, 83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, ' 2201, 2232, 2233, 2236, 2239, 2282); secs. 2 0'1 , as amended, 202, i 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, , 5846). l Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42 U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68 Stat. 936, 955, as amended (42 U.S.C. 2131, 2235); sec. 102 l Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54 (dd) , and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). Sections 50.23, 50.35,.50.55, and 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). 2
1 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 1 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). j Appendix F also issued under sec. 187, 6T Stat. 955 (42 U.S.C. 2237). I
- 2. In S 50.2, the terms "NE
" Major radicactive components 7*jdW3 Decommissioning
^NPermanent activity, cessation of" )
operations,a and " permanent fuel removal" are added to read as follows:
)
l l 1 5 50.2 Definitions. Ms4 F D_gcommissionino activity means, for a nuclear power reactor,"any activity that results in permanent removal of major components, modifies the structure of the containment, or results in dismantling for shipment components containing greater than class C waste. Maior radicactive comoonents means, for a nuclear power reactor, the reactor vessel and internals, steam generators, pressurizers, large bore reactor coolant system piping, pumps, and valves. Permanent cessation of operations means, for a nuclear power reactor, a certification by a licensee to the NRC that it has permanently ceased or will permanently cease reactor operation. l l Permanent fuel removal _ means, for a nuclear power reactor, a certification by the licensee to the NRC that it has permanently l removed all fuel from the reector vessel.
- 3. In S 50.4, paragraphs (b) (8) and (b) (9) are added to read as follows:
S 50.4 Written Communications. ! 3
~,
e f (b) * -* * (8) Certification of Permanent Cessation of Operations. The licensee's certification of permanent cessation of operations, pursuant to S 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, l DC 20555, I (ii) one copy to the~ appropriate. Regional Office, and j l (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 S 50.82 (a) (1) , must state the date on which the fuel was removed from the reactor vessel and the disposition of the fuel, and must be submitted as follows: (i) the signed and notarized original and one copy to the Nuclear Regulatory Commission,' Document Control Desk, Washington, DC 20555, ) (ii) one copy to the. appropriate Regional Office, and (iii) one copy to the appropriate NRC Resident Inspector if one has been assigned to the site or the facility.
- 4. In S 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:
S 50.36 Technical soecifications. . (c) * * * (6) Decommissionina. The following applies only to nuclear power reactors that have submitted the certifications required by S 50.82 (a) (1) . Technical specifications involving safety limits, limiting safety system settings, and limiting control system settings; limiting conditions for operation; surveillance requirements; design features; and administrative controls will be , developed on a case-by-case basis. l
* * * *
- I (e) The provisions of this section shall apply to each nuclear power reactor licensee whose authority to operate the i reactor has been removed by license amendment, order, or regulation.
l
- 1 h
t 5. In S 50.36a, paragraphs (a) and (b) are revised to read as l follows: S 50.36a Technical soecifications on effluents from nuclear oower rgactors. (a) In order to keep releases of radioactive materials to unrestricted areas during normal conditions, including expected occurrences, as low as reasonably achievable, each licensee of a nuclear power reactor will include technical specifications that, in addition to requiring compliance witi: applicable provisions of S 20.1301 of this chapter, require: (1) That operating procedures developed pursuant to S 50.34a(c) for the control of effluents be established and followed and that equipment installed in the radioactive waste system, pursuant to S 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 gaaeous effluents during the previous 12 mohths, 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 S 50.4, and the time between submission of the reports must be no longer than 12 months. If quantities of radioactive materials released during the reporting period are significantly above design objectives, the report must cover this specifically. On the basis of these reports and any additional information the Commission may obtain from the licensee or others, the Commission may require the licensee to take action as the Commission deems appropriate. (b) In establishing and implementing the operating procedures described in paragraph (a) of this section, the licensee shall be guided by the following considerations: Experience with the design, construction, and operation of nuclear power reactors indicates i that compliance with the technical specifications described in this l section will keep average annual releases of radioactive material in effluents and their resultant committed effective dose i equivalents at small percentages of the dose limits specified in S 20.1301 and in the license. At the same time, the licensee is l permitted the flexibility of operation, compatible with l considerations of health and safety, to assure that the public is i provided a dependable source of power even under unusual l conditions which may temporarily result in releases higher than such small percentages, but still within the limits specified in S 20.1301 of this chapter and in the license. It is expected that in I 5 j
j using this flexibility under unusual conditions, the licensee will i exert its best e' forts to keep levels of radioactive material in effluents as low as is reasonable achievable. The guides set out in appendix I provide numerical guidance on limiting conditions for operation for light-water cooled nuclear power reactors to meet the requirement that radioactive materials in effluents released to unrestricted areas be kept as low as is reasonable achievable.
- 6. In S 50.36b, the paragraph is revised to read as follcws:
S 50.36b Environmental conditions. Each llcense authoriz:ng operation or possession of a production or utilization facility which is of a type described in S 50.21(b) (2) or (3) or S 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 SS 51.50 and 51.53 of this chapter as analyzed and evaluated in the NRC record of decision, and will identify the obligations of the licensee in the environmental area, including, as appropriate, requirements for reporting and keeping records of environmental data, and any conditions and monitoring requirement for the protection of the nonaquatic environment.
- 7. In S 50.44, paragraph (a) is revised to read as follows:
S 50.44 Standards for combustible cas control system in licht-water-cooled oower reactors. (a) Each boiling or pressurized light-water nuclear power reactor fueled with oxide pellets within cylindrical zircaloy or ZIRLO cladding, other than reactor facilities that have submitted j the certifications required under S 50.82 (a) (1) , must, as provided i in paragraphs (b) through (d) of this section, include means for control of hydrogen gas that may be generated, following a postulated loss-of-coolant accident (LOCA) by---
- 8. In S 50.46, paragraph (a) (1) (i) is revised to read as follows:
S 50.46 Acceotance criteria for emeroency core coolina systems for licht water nuclear oower reactors. (a) (1) (i) Each boiling or pressurized light-water nuclear power reactor fueled with uranium oxide pellets within cylindrical zircaloy or ZIRLO cladding, other than reactor facilities that have G
l O. l submitted the certifications required under paragraph l 5 50.82 (a) (1) , must be provided with an emergency core cooling system (ECCS) that must be designed so that its calculated cooling performance following postulated loss-of-coolant accidents conforms to the criteria set forth in paragraph (b) of this section. ECCS cooling performance must be calculated in accordance with an acceptable evaluation model and must be calculated for a number of postulated loss-of-coolant accidents of different sizes, locations, and other properties sufficient to provide assurance that the most severe postulated loss-of-coolant accidents are calculated. Except as provided in paragraph (a) (1) (ii) of this section, the evaluation model must include sufficient supporting justification to show that the analytic 9. technique realistically describes the behavior of the reactor system during a loss-of-coolant accident. Comparisons to applicable experimental data must be made and uncertainties in the analysis method and inputs must be identified and assessed so that the uncertainty in the calculated results can be estimated. This uncertainty must be accounted for, so that, when the calculated ECCS cooling performance is compared to the criteria set forth in paragraph (b) of this section, there is a high level of probability that the criteria would not be exceeded. Appendix K, part II F' quired Documentation, sets forth the documentation requirements for each evaluation model.
- 9. In S 50.48, paragraph (f) is added to read as follows:
S 50.48 Fire nrotection. (f) Licensees that have submitted the certifications required under S 50.82 (a) (1) shall maintain a fire protection program to address the potential for fires which could cause the release or spread of radioactive materials (i.e., which could result in a radiological hazard). (1) The objectives of the fire protectiion program are to: (i) reasonably prevent such fires from occurring; (ii) rapidly detect, control, and extinguish those fires which do occur and-which could result in a radiological hazard; and (iii) ensure that the risk of fire-induced radiological hazards to the public, environment and plant personnel is minimized. (2) The fire protection program shall be assessed by the licensee on a regular basis and revised as appropriate throughout the various stages of facility decommissioning. (3) The licensee may make changes to the fire protection program without NRC approval only if these changes do not reduce the effectiveness of fire protection for systems and equipment which could result in a radiological hazard, taking into account the decommissioning plant conditions and activities.
- 10. In S 50.49, paragraph (a) is revised to read as follows:
7
i
. i S 50.49 Environmental cualification of electric eouioment imoortant to safety for nuclear Dower olants.,
'(a) Each holder of or an applicant for a license for a nuclear
~ power plant, other than reactor facilities that have submitted the certifications required under S 50. 82 (a) (1) , shall establish a program for qualifying the electric equipment defined in paragraph (b) of this section.
- 11. In S 50.51, the title is changed, and paragraph (b) is added to read as follows:
S 50.51 Continuation of license. (b) Each license will continue in . ef fect beyond the expiration date, if necessary, with respect to possession of the production or utilization facility, until the Commission notifies the licensee in writing that the license is terminated. During any period of continued effectiveness of a license beyond the license's stated expiration date, the licensee is prohibited from operating the production or utilization facility and shall-(1) Limit activities to: (i) actions necessary to decommission and decontaminate the facility; or l (ii) actions necessary to maintain the facility, including the storage, control and maintenance of the spent fuel, in a safe l condition, and (2) Shall conduct activities in accordance with all other restrictions applicable to the facility in accordance with the NRC regulations and the provisions of the specific Part 50 license for the facility.
- 12. In S 50.54, paragraphs (o) and (y) are ' revised to read as follows:
S 50.54 Conditions of licenses. l (o) Primary reactor containments for water cooled power ! reactors, other than reactor facilities that have submitted the certifications required under S 50.82 (a) (1) , 'shall be subject to the requirements set forth in appendix J to this part I
)
l l I
i (y) Licensee action permitted by paragraph (x) of this section shall be approved, as a minimum, by a licensed senior- . operator, or, at a nuclear power reactor that has submitted the certifications required under S 50.82 (a) (1) , by either a licensed senior operator or a certified fuel handler,' prior to taking the action. l
- 13. In S 50.59, paragraphs (d), (e), and (f) are added to read as
~
follows: S 50.59 Chances, tests and experiments. (d) A nuclear power reactor licensee which has submitted the certifications required under S 50.82 (a) (1) may conduct activities with regard to the facility, as described in paragraph (a) of this l section, provided the changes could not: (1) foreclose the release of the site for possible unrestricted use, or (2) significantly increase decommissioning costs, or
- (3) cause any significant environmental impact not previously l reviewed, or (4) violate the terms of the licensee's existing license.
(e) All the-provisions of this section shall apply to each nuclear power reactor licensee that has submitted the certifications required under S 50.82 (a) (1) . (f) The' provisions of paragraphs (a) through (d) shall ! l apply to each non-power reactor licensee whose license no longer ' authorizes operation of the reactor.
- 14. In S 50.60, paragraph (a) is revised to read as follows:
1 S 50.60 Acceotance cliteria for fracture orevention measures for licht-water nuclear oower reactors for normal coeration. (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 S 50. 82 (a) (1) , must meet the fracture toughness and material surveillance program requirements for the reactor coolant pressure boundary set forth in Appendices G and H to this part.
- 15. In S 50.61, paragraph (b) (1) is revised to read as follows:
9 l l l
i 1
- 1 i S 50.61 Fracture touchness reauirements pressurized thermal shock events.
for orotection acainst
* * * *
- i (b) Requirements.
l (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 ! S 50. 82 (a) (1) , the licensee shall submit projected values of RTn, ) for reactor vessel beltline materials by giving values for the time of submittal, the expiration date of the operating license, the projected expiration date if a change in the operating license has been requested, and the projected expiration date of a renewal term ) if a request for license renewal has 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 l material. If these quantities differ from those submitted in j response to the original PTS rule and accepted by the NRC, justificatien must be provided. If the val'ue of RTns for any material in the beltline is projected to exceed the PTS screening criteria before the expiration date of the operating license or the proposed expiration date if a change in the license has been requested, or the end of a renewal term if a request for license renewal has been submitted, this assessment must be submitted by December 16, 1991. Otherwise, this assessment must be submitted with the next update of the pressure-temperature limits, or the next reactor vessel material surveillance report, or 5 years from j the effective date of this rule, whichever comes first. These i submittals must be updated whenever there is a significant change ! in projected values of RTns, or upon a request for a change in the J expiration date for operation of the facility. (
* * * * * /
- 16. In S 50.62, paragraph (a) is revised to read as follows:
S 50.62 Recuirements for reduction of risk from anticipated transients without scram (ATWS) events for licht-water-cooled nuclear Dower olants. (a) Applicability. The requirements of this section apply to all commercial light-water-cooled nuclear power plants, other than i reactor facilities that have submitted the certifications required under S 50.82 (a) (1) . l 10
- 17. In S 50.65, paragraph (a) (1) is revised to read as follows- 1 S 50.65 Reauirements for monitorino the effectiveness of maj.ntenance at nuclear oower olants.
(a) (1) Each holder of a license to possess or operate a nuclear power plant under SS 50. 21 (b) or 50.22 .shall monitor the i 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 the performance or , condition of a structure, system, or component does not meet established goals, appropriate corrective action shall be taken. l The requirements of this section shall also I apply to each nuclear power plant that has submitted the certifications specified in S 50.82 (a) (1) . This section shall l apply to the extent of all systems associated with the storage, control, and maintenance of spent fuel in a safe condition. l
- 18. In S 50.71, paragraph (f) is added to read as follows:
(f) The provisions of this section shall apply to nuclear power reactor licensees that have submitted the certifications required under S 50. 82 (a) (1) , i
- 19. In S50.75, paragraph (f) is revised to read as follows:
1
* * )
(f) (1) Each power reactor licensee shall at or about 5 years prior to the projected end of operation submit a preliminary decommissioning cost estimate which includes an up-to-date ! assessment of the major technical factors that could affect cost estimating for decommissioning. (f) (2) Each non-power reactor licensee shall at or about 5 i 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 technical factors that could affect planning for decommissioning. Factors to be l considered in submitting this information include-- { (i) The decommissioning alternative anticipated to be used. The requirements of S 50.82 (b) (4) must be considered at this time. l 11 i l t
4 4 , (ii) . Major technical -actions necessary to carry 'out L decommissioning safely; (iii) The current situation with regard to disposal of high-level and low-level radioactive waste: (iv) Residual radioactivity criteria; (v) Other site specific factors which could affect
- decommissioning planning and cost.
-(f) (3) If necessary, the cost estimate submittal shall also include plans for adjusting levels of funds assured for ,
decommissioning.to demonstrate that a reasonable level of assurance l will be provided that funds will be available when needed to cover-the cost of decommissioning. l
)
l 20. In S 50.82, the title is modified, paragraphs (a), (b), and L (c) are revised, paragraphs (d), (e), and (f) are deleted to read as follows: - l 5 50.82 Termination of license. (a) For power reactor licensees-- (1) (i) When a nuclear power reactor licensee l has determined to permanently cease operations, or when a final
- legally' effective order to permanently cease operations has come i into effect, the licensee shall, within 30 dafs, submit a written i certification to the NRC, consistent with the requirements of
, S 50.4 -(b) (8) and; l (ii) Once fuel has been permanently removed from the reactor vessel, submit a written certification to the NRC, consistent with the requirements of S 50.4 (b) (9) . (2) Upon rcccipt "d6dWEEihiQof the certifications for permanent cessation of opeEnEf6h"'And" permanent removal of fuel from j the reactor vessel, the Part 50 license for, power reactors no ! longer authorizes op'eration of the reactor or emplacement of fuel into the reactor vessel. (3) Decommissioning will be completed within 60 years of permanent cessation of operation?ahdspsimahdhEHsii6VE1[5fEfdsifff6i6 thsTEssdE6RVsissT. Considerat inh"Gil'1"TE~51Y53^f 6E c6is$1~dEiEn~6Y
'db~d6isifiYdl6EEEy""Beyond 60 years only when necessary to protect
- public health and safety. rectorc to be considered in evaluating an alternative which prcvidcc for completion of dcccrmiccioning bcycnd CO yearc includc unavailability of waste dicpccal capacity and other citc cpccific factcrc affecting the liccnacc'c capability l to carry cut dcccrmiccioning cafely, including precence of Other nuclear facilitics at the citc.
i (4) (i) Prior to or within two following permanent ceasation of operationsfindD~sf5EdinE% years fdi66Ysl 6fiffdelkff6MIMhs fiX6E6?EYAissli, the 1icEnsee 6f ~5^~nn6TEEf~^po[wsF*FeEEE6F"sRErr
'66bifiiE"d~ji6sE'ishutdown decommissioning activities report (PSDAR) l which shall include a description of the planned decommissioning 12 i
i
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 l appropriate environmental impact statements.
l (ii) The NRC shall notice receipt of the PSDAR and solicit public comment. The NRC shall also schedule a public meeting in the vicinity of the l licensee's facility upon receipt of the PSDAR. The NRC shall , publish a notice in the Federal Register and in a forum, such as l local newspapers, which is readily accessible to individuals in the vicinity of the site, announcing the date, time and location of the j meeting, along with a brief description of the proposed purpose of the meeting. (5) For a power reactor licensee, S 50.59 may not be used to . performyW~Uii35i; decommissioning activities, as defined in S 50.2, ' l until 90 d5ph after the NRC has received the licensee's PSDAR submittal. (6) In taking actions permitted under S 50.59 following submittal of the PSDAR, the licensee shall notify the NRC, in writing, before taking any action inconsistent with, or l making any significant schedule change from, those actions and l schedules described in the PSDAR. This includes actions where various decommissioning activities, as defined in S 50.2, may have been delayed by first placing the facility in storage, where less decommissioning activity and planning would be required. (7) (i) For power reactor licensees that have submitted the l certifications required under S 50. 82 (a) (1) , have permanently ceased operation and permanently removed fue'l from the reactor l vessel, decommissioning trust funds may be used provided that the withdrawal of funds would not reduce the decommissioning trust below an amount necessary to place and maintain the reactor facility in a safe storage condition until decommissioning can be completed or inhibit the licensee's ability to complete funding of any shortfalls in the decommissioning trust needed to ensure the ultimate release of the site. Initially, 3% of the generic decommissioning cost amount specified in S 50.75 may be used. Commencing 90 days after the NRC has received the PSDAR, an additional 20% of this generic amount may be used. A site-specific decommissioning cost analysis must be submitted to the NRC prior to the licensee being permitted to use any additional funding in excess of these amounts.
-(ii) Within two years following permanent cessation of operation of a nuclear power reactor, if not already submitted, the licensee shall submit a site-specific decommissioning cost estimate. .
(iii) For decommissioning activities that delay completion of decommissioning by including a period of storage or surveillance, I 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 S 50.82 (a) (1) , have permanently ceased operation, and permanently removed fuel from the reactor 1 13 l l l
er vessel, the application wr license termination must be accompanied or preceded by a license termination plan to be submitted for NRC approval as a license amendment. (i) The license terminat.{on plan shall be a supplement to the FSAR, and shall be submitted at least two years prior to the planned decommissioning completion date as specified in the PSDAR. (ii) The proposed license termination plan for power reactors must include-- (A) A site characterization; (B) A description of remaining dismantlement activities; (C) Plans for site remediation; . (D) Detailed plans for the final radiation survey; (E) A description of the end use of the site, if restricted; (F) An updated site-specific analysis of remaining decommissioning costs; (G) A supplement to the environmental report, pursuant to S 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 Esss1EdsV?p"^6f decommissioning HEY 1VIElsi will be performed in HEE 6Eddiide Olth the regulationd'^"ih~bliiE~ 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 implementation of the license termination p1an. If MsMisaEIEg diisQhEldRHndsfiEPifEQ2VohTMhsHfsG6ssEEd aMsiidissnBKihstfhsaringNi1Rbs' comp stisd r16rstd6fNRCstsidiidat bf Xthe j E help 6weMieadtoMli$_eris;[e T }~~jy' ~~^~~""~~~""~~~""166 ~ mmm_q7 m wggggg gg g determines that-(i) The decommissioning has been performed in accordance with the approved license termination plan and the order authorizing license termination; and (ii) The terminal radiation survey and associate documentation demonstrates that the facility and site are suitable for release. ' (b) For non-power reactor licensees-- (1) A Licensee that permanently ceases operation must make application for license termination within two years following permanent cessation of operations, and in no case later than one year prior to expiration of the operating license. Each application for termination of license must be accompanied, or preceded, by a proposed decommissioning plan. The contents of the decommissioning plan are specified in paragraph 4 of this section. (2) For decommissioning plans in which the major dismantlement activities are delayed by first placing the facility in storage, planning for these delayed activities may be less detailed. Updated detailed plans must be submitted and approved prior to the start of these activities. 14
I 1 (3) For decommissioning plans that delay completion of decommissioning by including a period of storage or surveillance, i the licensee must provide that--- j (i) funds needed to complete decommissioning be placed into an account segregated fror the licensee's assets and outside the licensees administrative control during the storage or surveillance l period, or a surety method or fund statement of intent be maintained in accordance with the criteria of S 50.75 (e) , and (ii) Means be included for adjusting cost estimates and associated funding levels over the storage or surveillance period. i 1 (4) The proposed decommissioning plan for a non-power reactor facility must include - (i) The choice of the alternative for decommissioning with a description of activities involved. An alternative is acceptable if it provides for completion of decommissioning without significant delay. Consideration will be given to an alternative ; which provides for delayed completion of decommissioning only when necessary to protect the public health and safety. Factors to be ! considered in evaluating an alternative which provides for delayed ! completion of decommissioning include unavailability of waste disposal capacity and other site specific factors affecting the licensee's capability to carry out decommissioning safely, including presence of other nuclear facilities at the site. (ii) A description of the controls and limits on procedures and equipment to protect occupational and public 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 physical security plan provisions in place during decommissioning. (5) If the decommissioning plan demonstrates that the decommissioning will be performed in accordance with the regulations in this chapter and will not be inimical to the common defense and security or to the health and safety of the public, and after notice to interested persons, the Commission will approve the plan subject to such conditions and limitations as it deems appropriate and necessary and issue an order authorizing the decommissioning. (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 l (ii) The terminal radiation survey and associated documentation demonstrates that the facility and site are suitable l for release. l (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. 15 l l
i l d sM mU N kE I $$ $ [d N $ $ I I 1 5 D $ $ $ 5 k $ k ! 5 $ $ 5 I 51 M I k s 5 k $ [ N (( k d 5 5 k s ! adi l wm
=n
^
The ' commissioh w111" use" the ' following;' pr'ocedures" on' 'an'
'a'pp1'i'ation requesting an amendment , to an operating license ' for' a facility licensed , under > S50,21 (b) or ' 550.22 or for a < testing facility, except for amendments subject to hearings. governed'by 10
- 'FR C 552.1201-2.1263.,For amendments subject to 52.1201-2.1263, the l following procedures will apply'only~~to the extend specifically
' " " ' ~ '"' ~ ' " ^ ' ^ " ' ' " "
referen,c,ed_in $2.1205 (1) A. . . l @ In S 50.111, paragraph (b) is revised to read as follows: I (b) The regulations in part 50 that are not issued under sections 161b, 161i, or 161o for the purposes of section 223 are as follows: SS 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.
- 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 Obidctives and Limitina Conditions of ODeration to Meet the Criterion "As Low As Is Reasonably Achievable" for Radioactive Material in Licht-Water-Cooled Nuclear Power Reactor Effluents. SECTION I. In troduction. Section 50.34a provides that an application for a permit to construct a nuclear power reactor shall include a description of the, preliminary design of equipment to be installed to maintain control over radioactive materials in gaseous ! and liquid effluents produced during normal conditions, including j expected occurrences. In the case of an application filed on or after January 2, 1971, the application must also identify the i design objectives, and the means to be employed, for keeping levels of radioactive material in effluents to unrestricted areas as low as practicable. Section 50.36a contains provisions designed to assure that
- releases of radioactive material from nuclear power reactors to unrestricted areas during normal conditions, . including expected occurrences, are kept as low as practicable.
16 l . i
( e, i SEC. IV. Guides on technical specifica tions for limiting condi tions for opera tion for ligh t-wa ter-cooled nuclear power reactors licensed under 10 CFR Part 50. The guides on limiting conditions for operation for light-water-cooled nuclear power reactors set forth below may be used by an applicant for a license
- to operate a light-water-cooled nuclear power reactor or a licensee l who has submitted certifications under S 50.82 (a) (1) as guidance in developing technical specifications under S 50.36a(a) to keep levels of radioactive materials in effluents to unrestricted areas j 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 c, .nmission 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 S 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 S 50.82 (a) (1) shall, within a period of twelve months from June 4, 1975, file with the Commission:
- 2. Plans and proposed technical specifications developed for the purpose of keeping releases of radioactive materials to unrestricted areas during normal conditions, including expected occurrences, as low as is reasonably achievable.
PART 51- ENVIRONMENTAL PROTECTION REGUIATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS
- 1. The authority citation for part 51 continues to read as I
follows: Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S. C. 5841, 5842). 17
s' A l-Subpart A also. issued under National Environmental Policy Act of 1969, secs. 102, 104, 105, 83 Stat. 853-854, as amended (42 l U.S.C. 4332, 4334, 4335); and Pub. L. 95-604, Title II, 92 Stat. l 3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. l 2243). Sections 51.20, 51.30, 51.60, 51.61, 51.80, and 51.97 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241, and sec. 148, Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C.
, 10155, 10161, 10168). Section 51.22 also issued under sec. 274, 73 l Stat. 688, as amended by 92 Stat. 3036-3038 (42 ,
U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, sec. 121, 96 Stat. 2228 (42 U.S.C. 10141). Sections 51.43, 51.67, and 51.109 also issued under Nuclear Waste Policy Act of 1982, sec. 114 (f) , 96 Stat. 2216, as amended (42 U.S.C. 10134 ( f ) . SOURCE: 49 FR 9381, Mar. 12, 1984, unless otherwise noted. l
- 2. In S 51.53, paragraph (b) is . revised to read as
- follows
(b) Post Operating License Stage. Each applicant for a license amendment authorizing d2 commissioning activities at a production or utilization facility covered by S 51.20, either for unrestricted use or based on continuing use restrictions applicable to the site; and each applicant for a license or license amendment to store spent fuel at a nuclear power reactor . . .
- 3. In.S 51.95, paragraph (b) is revised to read as (b) Post Operating License Stage. In connection with the amendment of an operating licence authorizing decommissioning activities at a production or utilization facility covered by S 51.20, either for unrestricted use or based on continuing use, or with the issuance, amendment or renewal of a license to store spent >
fuel at a nuclear power reactor . . . Dated at Rockville, Maryland, this day of 1994. l f' 18 l
I
~
( L vwwg
'PDK
/4 E Wo-o) l l
EDE: The Commissioners fEQH: James M. Taylor, Executive Director for Operations
SUBJECT:
PROPOSED RULEMAKING - REVISION TO 10 CFR PARTS 2, 50, AND 51, RELATED TO DECOMMISSIONING 0F NUCLEAR POWER REACTORS PURPOSE: l To provide the Commission with a notice of proposed rulemaking amending the i 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 to review and rework the rule proposed in SECY-94-179.
SUMMARY
- i The proposed rulemaking would revise specific regulations pertaining to i nuclear power reactors that permanently cease operation. These changes would i include provisions in Parts 2, 50, and 51 to clarify the applicability of '
certain regulations to permanently shutdown nuclear power reactors. In addition, the proposed rulemaking would amend the decommissioning regulations in Part 50 to codify procedures and terminology that have been used in a number of specific cases. BACKGROUND: In SECY-94-179, " Notice 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 Tctivit hs 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 CONTACT: Dr. Carl Feldman, RES 415-6194 i
r i f i l-l
)
l The Commissioners g i additional provisions that would have limited the type of decomissioning , activities a licensee could undertake following permanent cessation of
. operations.-
On October 5, 1994, the Commission issued an SRM in response to SECY-94-179. ! The Commission (with all Commissioners agreeing) directed the staff to review and rework the proposed rule and further directed the staff to brief the l Commissioners on the framework for a revised rule prior to beginning any new proposed rule. A suggested decommissioning approach from Comissioner Rogers was included in the SRM and the staff was provided the option of suggesting alternative methods to this approach. Briefings for the Commissioners were conducted November 8 and 19, 1994 addressing the framework for the proposed rule.. DISCUSSION: The proposed rule included in the Federal Bruister Notice follows the app [oach outlined by Comissioner Rogers in the October 5,1994 SRM. Any differences from the approach outlined by Commissioner Rogers or from the framework: proposed by the staff will be highlighted in the discussion. The phased ! approach to decommissioning is primarily addressed through revisions to 5 50.82, Termination of license. A new section (a) is added that specifically applies to power reactor licensees. Provisions include a 30 day limit for a licensee to :=tify [QMf$tojthe NRC of their decision to permanently cease operations, and a requirement to submit written certification to the NRC when fuel has been permanently removed from the reactor vessel. Once these certifications are received the Part 50 license would no longer authorize operation, and as' stated -in the proposed rule, a number of requirements that specifically address operating limits would no longer apply. CONTACT: Dr. Carl Feldman, RES , 415-6194 2 l 4
m i l 1 1 I The Commissioners This would include -l 50.44, Standards for combustible gas control system in )
' light-water-cooled power reactors; I 50.46, Acceptance criteria for emergency ! -core cooling systems for light-water nuclear power reactors; G 50.49, Environmental qualification of electric equipment important to safety for -
nuclear power plants; I 50.60, ~ Acceptance criteria for fracture prevention I measures for light-water nuclear power reactors for normal operation; 5 i 50.61, Fracture toughness requirements for protection against pressurized thermal shock' events; and i 50.62, Requirements for reduction of risk from "; anticipated transients without scram (ATWS) events for light-water-cooled nuclear power plants. In addition, the proposed rule would;also make it clear that _some requirements that currently'only apply to operating reactors would
- also apply to_ a licensee no longer authorized to operate the. reactor. This would include i 50.36a, Technical specifications on effluents from nuclear i power reactors; _t 50.36b, Environmental conditions; i 50.48, Fir'e protection; j
'E 50.65, Requirements for' monitoring the effectiveness of mcintenance at. ! . nuclear power plants; Appendix I, Numerical Guides for Design Objectives and 1.imiting Conditions of Operation to Meet the Criterion "As Low As Reasonably i Achievable" for Radioactive Material in Light-Water-cooled Nuclear' Power Reactor Effluents, and 5 50.111, Criminal penalties. In the areas of-fire l protection and maintenance the requirements that would apply would be commensurate with the risks' associated with the presence of spent fuel onsite.
In the absencc of spent fuel these requirements would be further reduced to address only decommissioning activities.
'The proposed rule would also require a licensee to submit a post shutdown decommissioning activities report (PSDAR) within 2 years of permanently ceasing operation. To ensure that the NRC and the public are aware of the
, licensee's plans regarding license termination, a 2 year time period was L 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 i _to include a description and a schedule of any planned decommissioning i. 3
J .) 1 The Commissioners activitites, an estimate of expected costs fur these activities, and a discussion on whether the planned activities would be covered by the existing environmental assessments. The proposed rule also states that the NRC will notice the availability of the PSDAR and solicit public ctaraent on the report. In addition,.the proposed rule states that the NRC will schedule a meeting in the vicinity of the site and will distribute the notice to newspapers local to the site, announcing the date, time, and. location for the public meeting, as well as, a description of it purpose. The pur oss of this meeting will be to' inform the public of the licensee's plans fo ~ decommissioning activities at the site, and to solicit public connen on these plans. The proposed rule would prohibit licensees from performing activities that would be defined as major decommissioning activities until 90 days after th NRC has received the PSDAR. ThsistifflinististissilistiIsollEltJubili Niiiiiiiiiiitli)Miiii@ti tbsTsiffsficalbfitMs190!d4WperiodMr.7ndingischidsUnj[6( iQ ihmets ' pjgMclit1@ rte'tRi~Q'f site definition"6f~ Eo$1@tifsfi~leff ns ecommissl6Eing acilifi 1s included in whit ~would^rule. the proposed Under permitted thetoproposed begin Ei rule.iat the end of the 90 days, licensee 3 would be criteria in i 50.59."jg deconmissioning A new paragraph 5 activities provided 50.59(d) has they to been added meet the the ir,ths proposed January rule that would codify the Comission's 13, 1993 criteria seQfsihtSRM that addressedl! undertaken by permanently shutdown l'icensees. The proposed rule would also require licensees to inform the NRC of any significant changes in the PSDAR schedulefshdi[hfii6yT4Etl6sRisl6eitakeFiin8EiB 150!$9Jiiih&W'once ihiEfe thif I'11EihiisMs"E6mitlidTo following a schedule, and soifef16E66s informed the NRC and the public, that significant changes to the schedule wouldbeprovidedtotheNRCsothatihRCenyinspectionsEin7bsiip@op~difily' ischedMHjef 5 50.50 :ctidth; c::T 3catt;;. " ^ ~ ' ~~^~ The proposed rule would permit power reactor licensees to withdraw limited amounts from the decomissioning trust fund without NRC approval provided the conditions in the Comission's draft policy statement on the use of decomissioning trust funds are met. In addition, the proposed rule would allow licensees to the use a limited amount (3%) of the generic decommissioning cost amount specified in i 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 expensu. Ninety days after the PSDAR is received, licensees would be able to use-an additional 20% of the generic amount. This additional amount was 4 l
The' Commissioners chosen to allow licensees to undertake some early decomissioning and component removal activities prior to preparation and submittal of a detailed cost estimate. The proposed rule specifies that use of any additional decommissioning trust funds would require submittal of a site-specific cost
' estimate. The proposed rule would require this submittal no h;;:r latedthan two years after permanent cessation of operations. Thisrequirement~iE"N:
- rr;;t re h has been retained M t M @istost
- assurancethatlicensee'shaveadequatelyass@ess];ultoprovidetheNRCwith ed the cost to decommission their facility. The proposed rule also retains the requirement that licensees who plan to delay completion of decomissioning with a period of storage provide a mesna 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 -"" Ethi[M11censees, whereby the license will remain in effect in the absence of an application for renewal until the Comission 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 decomissioning completion date. The information te be ir.chd:d NgsipedEtalbijin the termination plan would include a site characterizat' ion ~,~deidription of remaining dismantlement activities, plans for site remediation, plans for final radiation survey, description of end use of site (if restricted), and, if the proposed activities would require, a supplement to the licensee's environmental report. The-two year )eriod was chosen to provide' adequate time for NRC review and approval of tie 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. The r n:ind:r Of thi: :::ti:n ir, the pr:p ::d rek i; b::ic:lly :: h:n;;d fra. th: ::i:tir.5 r:q irs. :t: :ddr ::ing d::: xt :icaing f r : n pn.:r r:::ter:
. . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . A new paragraph is proposed to be added to Subpart L of Part 2 that would make it apply to amendment of a Part 50 license after fuel has been permanently removed from the sitej31nfiM^atsthst pitht EftWiftsfiiis1FE6Nicissel)IfssimbleTsatut ali! 11EenseeVs ites! f66-~
whichl$ihpirti$cordnt!R pfovidsssthgappij cablejproceduresMon)icinss _amendmenflMefings]. RESOURCES: The staff anticipates that there should be no need for additional resources to implement the revised rule since the effort previously expended on review of the preliminary decomissioning plans for nuclear power reactors can be re-5
i i i l l 1 I The Commissioners l l programmed to review the PSDAR submittals and conduct i 50.59 inspections. RELATED ACTION: i The staff and OGC have reviewed the proposed Radiological Criteria for Decommissioning rule that is currently undergoing review of public comments. On December 6-8, 1994 a workshop on restricted release provisions of the proposed radiological criteria rule was held in Washington, DC. A number of comments were raised on the need to upgrade the public participation process during decommissioning. A: proposed, this rule is compatible with the concepts presented in the Radiological Criteria for Decommissioning proposed rule and discussed in the workshop. The results of any comments received and incorporated into the final radiological criteria rule for decommissioning that would affect the rule currently being proposed will be addressed in the finalization of this rulemaking. RECOMMENDATION: i That the Commission: l
- 1. Acorove publication of the proposed rule.
- 2. Certify that the proposed rule will not have a negative economic impact on a substantial number of small entitics, in order to satisfy requirements of the Regulatory Flexibility Act, 5 U.S.C. 605(b).
- 3. inorove the recommendation to amend the Criminal Enforcement requirements in 50.111.
l l \ l i i l l j 6 , 4
The Comissioners l I fiofa:
- a. The proposed rule (Attachment 2) will be published in the Federal Reaister for a 90-day public coment period; i
- b. A draft Regulatory Analysis has been prepared and will be made i available for public coment in the Public Document Room l (Attachment 3);
- c. An environmental assessment and finding of No Significant Impact has been prepared and will be made available for public coment (Attachment 4);
- d. That in accordance with the Regulatory Flexibility Act, an initial regulatory flexibility analysis has been prepared. The analysis indicates that the economic impact on licensees and small entities will not be significant. The draft analysis will be maae available for coment 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 ,
and, therefore, is subject to the requirements of the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq. The staff is preparing a draft Federal Reaister notice for OMB submittal before publication of the proposed rule;
- f. A public announcement will be issued (Attachment 5);
- g. The appropriate Congressional comittees will be informed (Attachment 6); and l
l 7
The Commissioners l l . 1' , h. Copies of the Federal Register notice of proposed rulemaking will be distributed to all licensees. The notice will be sent to other int". rested parties upon request. Attachments: As stated (6) l i ? i' 1 l l l i l 1 I i 8 j
The Commissioners
- h. Copies of the Federal Register notice of proposed rulemaking will be distributed to all licensees. The notice will be sent to other interested parties upon request.
Attachments: As stated (6) RECORD NOTE: A draft copy of the proposed rcle 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 l 0FFICIAL RECORD COPY RES NO. 7
L i [7590-01-P] NUCLEAR REGULATORY COMMISSION , l 10 CFR Parts 2, 50, and 51 l RIN 3150-AE96 Decommissicning of Nuclear Power Reactors AGENCY: Nuclear Regulatory Commission. ACTION: Proposed rule.
SUMMARY
- The Nuclear Regulatory Commission is proposing to amend its regulations t
i on the decommissioning procedures that lead to the termination of an operating l license for nuclear power reactors and release of the property. The proposed
- amendments would clarify ambiguities that have arisen in the past and codify practices which have been utilized for other licensees on a case-by-case basis.
l l [ DATES: The comment period expires (90. days after publication in the-Federal- j Register). Comments received after this date will be considered if it is practica1Lto do so, but the Commission is able to assure consideration only for comments received on or before this date. L ADDRESSES: Submit comments to: The Secretary of the Commission, U.S. Nuclear , Regulatory Commission, Washington, DC 20555, Attention: Docketing and' Service Branch. Copies of comments received may be examined at the NRC Public Document l Room, 2120 L Street NW. (Lower Level) Washington, DC. i
f Comments may be submitted' electronically, in either ASCII text or Wordperfect format (version 5.1 or later), by calling the NRC Electronic Bulletin Board on FedWorld. The bulletin board may be 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 software parameters should be set as follows: parity to none, data L bits to 8, and stop bits to 1 (N,8,1). Use ANSI or VT-100 terminal emulation. l The NRC rulemaking subsystems can then be accessed by selecting the " Rules Menu" option from the "NRC Main Menu." For further information about options available for NRC at FedWorld consult the " Help /Information Center" 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: l ftp.fedworld. gov (192.239.92.205); and World Wide Web using the "Home Page": www.fedworld. gov (this is the Uniform Resource Locator (URL)). I If asing a method other than the NRC's toll free number to contact FedWorld, then the NRC subsy:; tem 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 ' 2
l l Regulatory Commissica" at the next menu. If you access NRC from FedWorld's
" Regulatory, Government Administration" menu, then you may return to FedWorld by I selecting the " Return to FedWorld" option from the "NRC Main Menu." However, if you access NRC at FedWorld by using NRC's toll-free number, then you will have
! full access to all NRC systems, but you will not have access to the main FedWorld
)
l 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 AXD3@nrc. gov. FOR FURTHER INFORMATION CONTACT: Dr. Carl Feldman, Office of Nuclear Regulatory i Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301)-415-6194, Anthony W. Markley, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301)-504-1169 or, l Bradley W. Jones, Office of the General Counsel, U.S. Nuclear Regulatory l Commission, Washington, DC 20555, telephone (301) 504-1628. 1 SUPPLEMENTARY INFORMATION: l I Background. II. Existing regulatory framework and need for the amendments. III. Clarification of the applicability of 10 CFR Part 50 to permanently l shut down and decommissioning nuclear powerplants. IV. Criminal penalties provisions. l I. Background 3 l
l When the decommissioning regulations were published on June 27, 1988 (53 FR 24018) and adopted, it was assumed that the majority of nuclear power reactor licensees would decommission at the end of the operating license. Since that time a number of licensees have shut down prematurely without having submitted a decommissioning plan. In addition, these licensees have requested exemptions from operating requirements to address their status of no longer having fuel present in the reactor. Each of these cases has been handled individually without clearly defined generic requirements. The Commission is proposing to amend the decommissioning regulations in 10 CFR parts 2, 50, and 51 to clarify ambiguities in the current regulations, and to codify procedures and terminology 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 decommissisning process and furnish the licensed comrunity and the public I 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 ceare operations at the facility and concludes with the Commission's approval of licensee termination. The conceptual approach the Commission has chosen divides the decom.dssioning 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 during the storage period, and Phase III deals with the activities the licensee undertakes 4 i
l to terminate the license. The implementation aspects of this approach comprise the following. At the initiation of Phase I, ~ certifications would be. provided to the NRC that the l licensee.has permanently ceased operation and permanently removed all fuel from l 'the reactor vessel. At this time, the licensee [yssidjbi]Jsh)Mt@iby[fijsMfHy (@EliMfsy$ , thr::;h r:1: ::dif t :tica, .;;;1d : len;;r be p =itted t: l Op:r:t: the reactor. Jh_Widdif._f66E..
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;;;1d b; :::::::::ry er r::;;ir: ::dific: tic ts@sflictithf@pisji(((tituil6f .thi((MQitjIduringthedecommissioningprocess. The licensing fee would also l
be substantially reduced because the license would no longer 'neet the requirements for an operating license as specified in Section 171.5. No major decommissioning activities, as defined in Section 50.2, would be allowed initially, although limited licensee decommissioning trust funds would be made available for planning purposes and early activities. The remaining decommissioning funds would be made available with receipt of the licensee's detailed decommissioning cost estimd a. Prior to undertaking major decommissioning activities, the licensee would be required to provide the NRC with a post shutdown decommissioning activities report (PSDAR) that provides a schedule of planned decommissioning activities, an estimate of the decommissioning costs expected to be incurred, and a discussion of environmental impacts. The NRC would then inform the public of the licensee's intent to decommission and solicit public coment on the proposed activities and would hold 5 l l l
a public meeting in the vicinity of the site to describe the planned activities and receive additional public comments. After a short period of time for the NRC consjdegipub,M,c.,.- - -.n.~d , -.- 1commentslanlevjew(ths,, J SDA,R;,p. . rloposa l sM, o,riconsisf e,,.ancyyjth,fh.,e n va 11t Elfs.we~ Fi+ndWt.hw f,iE.1,wana.yassw.w.ihi,s.w wavn i.EC.6sa.~.li..~i.16.hsn,sR.+n.+s.,o'Gl. ww.o -- w aw. i ~ :o F: ws- e ~ =:i. 9.t...i6.hh, - te rc:Y :nd te Y 3511: car.ts, the licensee would be permitted to begin major decommissioning (i.e., i dismantlement) activities. The licen::: w 31d b^ p=itted t: ::nde' =jer d::=i::icaing ::tivitie: only :fter they c^nducted ; review Of the pl:nned l ..,m.a....
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f#/...- 1 period of storage (Phase II), Phase III would be initiated when the licensee's ] l l application to terminate the license and license termination plan were received j ! l i by the NRC. At this time, a supplemental environmental report would also be i l' i required if there was the possibility of significant environmental impacts not l l l previously covered in other reports. The Commi.ssion would notice receipt of this information and provide opportunity for a Subpart L hearing on the license l 6 l 1 I i o
termination plan, provided spent fuel had been removed from the reactor (Part 50 license) site. After resolution of commentsEihd/6f/cbmpistJ6hi6giWilijis06pift
}l[hMilMIp6IthRisfithit ~7fsThW, th C ission would issue a termination of i d
7 '~Ticense order M_ JsR1h( _d@ sit (16h'l@lshl{ntl6j{theiljispsseisl[SAQihd h(6fpora implement the license termination plan. Once % +s
# - permit [ fag'the licensee t crder h:d be= ::::ted by the licensee psijic$stsdlishlissnfit}dhibfftM
[sM}M({6Qlihjand the Commission hadi dete :::inedisfifiid that the licensee psi M{fjf5f6filiBhlMffsBJfhiMhMIHiQshlhlii= in = pli= with the erder i then, as in the existing rule, the Commission would terminate the license. There are two aspects of these proposed regulatory changes that can affect both power and non-power reactor facilities, and are 1 addressed in the rulemaking for purposes of clarification. The first =t:il: R6{id(((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 license that has expired is not terminated until the Commission terminates it, and further clarifies what- conditions prevail under such circumstances. l L On August 22, 1994, the NRC published for comment a proposed rule on , radiological criteria for decommissioning (59 FR 43200). Section 20.1406(b) of l 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 i l site. On December 6-8, 1994, a workshop on this issue was held in Washington, ' j DC. The objective of the workshop was to conduct an informed discussion among affected interests on the kplementation of the SSAB requirement. The re: ult: Of =y ecz=t: received =d interporated into the final radi:legical criteri: 7 i
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i J l 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 rule requires a licensee to submit a preliminary decommissioning plan 5 years prior to permanent cessation of operation, with a l i site-specific cost estimate and adjustment of financial assurance funds, and a j 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 impacts that are anticipated, but net already covered in other environmental impacts l 8
1 l l documents. The decommissioning plan contains a site-specific cost estimate with decommissioning funds adjusted in an external trust to make up for any shortfall. Currently, prior to approval of the decommissioning plan by the Commission, no decommissioning trust funds can be used. Finally, aside from the licensee voluntarily informing the public about decommissioning activities, very limited public input or participation is formally required in the current rules. The proposed rule would preserve the substantive elements of the current regulations, provide for greater public participation in the decommissioning process, and allow the licensee f.Epeff6Fm acre 1ctitude in cc=pleting the necessary decommissioning activities provided certain constraints are met. The proposed rule should make the enactment of the decommissioning process more amenable to current licensing needs and improve the process in the areas of understandability, efficiency, and uniformity. After the licensee permanently ceases operation and removes fuel from the reactor vessel (initiation of Phase I I of the decommissioning process), the Commission believes that, just as in the J current rules, the licensee should. De permitted to perform minor maintenance I activities through the use of the Part 50.59 process. Once the NRC has received the licensee's certifications of permanent cessation of operation and permanent removal of fuel from the reactor vessel, Section 50.82(a) of the proposed rule would prohibit the licensee from operating the power reactor i facility. This would entitle the licensee to a licensing fee reduction since l j they would no longer have an " operating license" as defined in Section 171.5. At en cerly ti=c d During the Phase I process,--Sectica 50.S2(a) wcuM rc:; circ thct within twc yccrs after the licensee provides the NRC with certifications of permanent cessation of operation and fuel removal from the 9
I l reactor vessel, $sstj6@$018t(s)lpf6pidMtMit}@ttii([tw6[fsafil6Diiiisisssilj ) Mi[l@[$ifiMMQa post shutdown decommissioning ' activities report (PSDAR) j niist wmM be submitted to the NRC. The PSDAR[ report would include a description of the licensee's planned decommissioning activities along with a schedule for 1 . their accomplishment, a general description and estimate of expected costs, and l a discussion as to whether the environmental impacts associated with site-i specific decommissioning activities- will be bounced by the appropriate environmental impact statements. Upon receipt of the PSDAR, the NRC will notice l 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 l 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 l licensee may begin to perform major decommissioning activities, provided they i meet the requirements in Section 50.59. This would generally occur 30 days after the public meeting. The provisions in Section 50.59 allut the licensee to make changes to the facility during operation without express NRC approval provided these changes sii@culd r.ct vichte the conditions listed in Section 50.59, and the licensee prepares a written safety evaluation which provides the basis for their determination that the planned changes meets the criteria specified in the regulation. The NRC reviews these evaluations periodically to ensure that the licensee is complying with the regulation. To ensure that licensees adequately l address the unique circumstances associated with decommissioning activities, the
~ Commission is proposing to include additional criteria for the use of Section 50.59 during decommissioning (for both power and non-power reactors, although non-power reactor licensees could not perform decommissioning activities as L defined in Section 50.2 until they had an approved decommissioning plan - as in 10 l
F the current rule). The Commission proposes that in iisiglth: :: Of the Part 50.59 processf()si@(dtdownsMjjft{si the 1icensee muit[ssitltijsinet ei:1:t ee following criteria ${EjIphij]dQtiitjithsyr5pssedisptjy;itTi(EUitMt: (1) foreclose release of the site for possible unrestricted use, (2) significantly l increase decommissioning costs, (3) cause any significant environmental impact l not previously reviewed, or (4) . violate the terms of the licensee's existing 1 license. To undertake any activity that would not meet these criteria wouM i require the licensee te iiiUit$ submit a license amendment request, R{sicEffsstly Ih E5E4dM M pt under:: i: c:::lly required under Section 50.59(c). The Commission also intends to codify their Jii3 position embodied in the draft policy statement "Use of Decommissioning Trust Funds Before Decommissioning Plan Approval" (59 FR 5216; February 3,1994) that the licensee should be allowed to use decommissioning trust funds subject to certain criteria. The Commission recognizes the need for the licensee to provide adequate financial assurance to 1 i complete decommissioning at any time during operation? through [jygto isd jpc{0dihy{ termination of license) and is proposing criteria that keeps this in mind, along with criteria that specify when and how much of these trust funds can be used. In accordance with the current rule, the Commission proposes to retain, l under Section 50.75(f), tiii@i#dlFjemintif6@Jsite- specific cost estimates 5 years prior to and within two years after the licensee's declaration of permanent cessation of operationd the 1:tter being only :n inflat4: nary upd t :ti=te, j 4f :ppropri te. Once the NRC has received the licensee 1s certifications of l permanent cessation of operation and permanent removal of fuel from the reactor i vessel, decommissioning trust funds could be used by the licensee provided the l withdrawal of funds would not reduce the decommissioning trust fund below an i amount necessary to place and maintain the reactor facility in a safe storage 11 l i
i condition until decommissioning can be completed or inhibit the licensee's ability to complete funding of any shortfalls in the decommissioning trust needed to ensure the ultimate release of the site. The proposed rule would permit, under Section 50.82(a)(7), that 3% of the generic decommissioning cost amount, specified in Section 50.75, could be used by the licensee initially for planning and routine maintenance activities. Following the 90 day waiting period after i the NRC has received the licensee's PSDAR, an additional 20% could be used to begin component diy6ii{ssiihitT6hfa;ndidismantlement activities. Finally, the proposed rule would require site-specific cost analysis to be submitted to the NRC prior to the licensee being permitted to use any additional funding in excess of these amounts.
/ or a possible period of storage (Phase II of the decommissioning process), Section 50.82(a)(8) of the proposed rule requires the licensee to complete decommissioning by submitting an application to terminate the license along with a license termination plan (initiation of Phase III of the decommissioning process). This process is similar to what is in the current rule requirements for a power reactor facility that has permanently ceased operation and decides to go into a storage mode. For this situation, the current rule allows a less detailed decommissioning plan initially, and the more detailed plan prior to the near term completion of decommissioning, since at that time more accurate planning can be accomplished. The elements of the termination plan should contain similar elements for consideration as the current rule would require and good practice dictate. In particular, the proposed rule would require that t hsiteiiiil hallos [pl an$t-c o n t a i n a site characterization, a l description of remaining dismantlement activities, plans for site remediation, detailed plans for the final radiation survey, a description of the end use of l 12 i
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 as a license amendment and provide opportunity for a Subpart L hearing, as specified in Section 2.1201(a)(3), provided the spent fuel had been removed from the site. Otherwise, there would be opportunity for a Subpart G hearing, as provided for in the current rules. The Subpart L hearing is a fairly informal public he: ring l proce::, appropriate for the nature of a permanently shutdown facility where the spent fuel has been removed offsiteh{iihEESthildefselidfsitiffssisblaili iltyitJ6hliM16s6dptdjitiBilill;ihinsesl51thatitypicalli/biffsbbpahtThiudilsgi fodliidedslE]imshdmehti.AppEophtlitelc6hformihifasindments;havsjb^ein[sdejtM1.0 CfAil 2?l 205 [sndil50J91 sit 6(fifllidtithsfappl i dat ioh! off iubpartMheafi.hss!to fEt 50NEsh:selas6dmeltsif6116Ethnish19fitheEfuhl.:$ff6mitheNEi6 sis 5Isits? ; Section 50.82(a)(10) would specify that, after resolution of any comments [_hd a E6mpisfjdh!6ffinylhikfighsld[osithifiqiisstifoFitirmihatihd}liiilippf6Vill, the Commission would issue ee-arproval Of a plan it con idered ::ti: factory and the approved plan uculd, thrcegh codificat4ent ail i cinsej amsndme6t[a piifosi hWths tshninitibnjplidiahdithe[plinTwould;?become part of the FSAR. As in the current rule, the Cc=!::icn lidsWiesIwould then issue an order permitting the licen:ce te-execute the plan and, after this was accomplished and verified by the NRC, the Commission would terminate the license. In order to clear up various ambiguities in the current and proposed rule, definitions of permanent cessation of operation, permanent removal of fuel from the reactor vessel, decommissioning activity, and major radioactive components 13
l 1 would be codified in Section 50.2. Since a licensee could choose to undertake ) l various[Eijohdecommissioningactivitiesatthereactorfacility90daysafter i the NRC receives the PSDAR, it is important to define what " decommissioning i activity" means. The definition chosen for the purpose of the proposed rule is consistent with the intent specified in the supplementary information to the current decommissioning rule and means, for a nuclear power reactor, any activity that results in permanent removal of major components, modifies the structure of the containm< nt, or resul?.s in dismantling for shipment components containing greater than class C waste. This inclusion would not apply to components such as in-core detectors, which contain greater than class C waste, but in an insignificant amount. Accordingly, " major radioactive components" would be defined for a nuclear power reactor to comprise the reactor vessel and internals, steam generators, pressurizers, large bore reactor coolant system piping, pumps, j and valves. l Certification requirements for licensee permanent cessation of operation and permanent removal of fuel from the reactor vessel would be specified in Sections 50.4(b)(8) and(9). As stated earlier, the initiation of Phase I of the decommissioning process would occur once the NRC receives a formal declaration from the licensee that the licensee has permanently ceased operation and that all fuel has been removed from the reactor vessel. It is important that once a licensee has permanently ceased operation, fuel be removed from the reactor vessel and placed in a more stable configuration. The licensee would be required tostatethedateonwhichoperationshaveorwillbe-eenedEisieinlits4Mr l certification of permanent cessation of operations. Thelicensee}inthe4rlti EEflifiE4tl@$?NifdiEMpermanent removal of fuel from the reactor vessel 14
a >- , ) i l ::rtifi::ti::] would state the date on which the fuel was removed and it's disposition.- Because of th: v:ri::: $$p[6sijcase specific requests thil$ttihjijpEijy@ _ f$i(3{@ jim @for exemptions from operating requirements 'fr= lic:::::: te ' 2dd=- their ((heNin}MM@fj$@-t:te: Of permanent shutdown (Q@jfiij((lM . i
. and . pern.ns removal of fuel from the reactor vessel, the Commission has 4 esv -
l- undertaken an analysis to determine the ap.m;w9,ws.+- enessi pnpfl:kort..rvirr mwmprs.fgpg
$ y ps.vmlskmh., a-ng certain 10 l: CFR Ji3 350 requirements] M @ 3 M J@ it3 Stdown]pij{@ @f[thilf@ }M M . The L results of a portion of that study are presented in Section III.
l l- This proposed rulemaking primarily. addresses power reactor facilities because, unlike non-power reactor facilities, long delay can routinely occur ( : = lly up to 60 years) between the time of permanent cessation of operation i 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 addresse<J in the proposed rule for purposes of clarification. Th: fir:t inv lv:: : w ir= = t:1 ___..,.._.._,_____24.u....,
. . . . . . . . . . .__ _u.....n......
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d::n-i::i :ing re:f d::1 r:di=:tivity criteri: rel: (59 F" 43200; Aug;:t, 22, 100') b; =plicitly :=:id:r:d, : dcr pr:pe: d 5::ti:n 51.53(b). (=d
- rre:p:nd'r. gly, and r prep:::d S : tion 51.95 for NaC staff requir:: nt:), during th; li:=:::': r:q:=t f r d=: .i::i=ing er li=n:: pl=. :ppr:v:1. [ Previous
- Sentence unclear, needs to be rewritten) The second clarifies that a license that L
i has. expired is not ter;,inated, under proposed Section 50.51(b), until the
. Commission notifies the licensee in writing that the license is terminated. The 15 l
l L
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) ed must limit activities to actions necessary to decommission and decontaminate the facility, i or actions necessary to maintain the facility, including the storage, control and I maintenance of the spent fuelv in a safe condition, and mu'sticonduct activities in accordance with all other restrictions applicable to the facility in I acccrd:nce with NRC regulations and provisions of the specific part 50 license for the facility. Even the gh it h:: been :tated that for aca p wcr rc::ter: therc :heuld bc ne expected del:y in completing deceri::icning through te licen: termin tica, therc :y bc unforesten circumstance; where this is n t pc;;ible . Therefore, thi: clarific tica would al:0 pertain to non pcwcr rc cter 1 i cen:cc: .ThJi[pf6Vi si osHi[E6_hs;iL5tsht%ithlNRCJeijpi rsmsntsHoff6;thifllEihseis E5d 55E3951sNI!iapM[@HKehilM{[6@ssbl stid (fidi H ti ssyThi sississRstjAnlali
)pp[lii36ftid;th36ssMihdJhih{pbwifRsict6fli JAcd6FdinglyHthii[ElisilfiEstisij
- s. .sy: ,.c.n.::.- .,.w.~ .. .:,, : .: : .y.., .n.:-..:.:. .:.
Woul.d7i:l;.,:.. t so; pertain ~ y t~ 2 m.: otnontpowe hreactors.. < III. Clarification of applicability of 10 CFR Part 50 to permanently shut down
- nd decc=i::icnimj nuclear power plants Once a decision has been made to permanently cease operation of a nuclear power reactor, then the proposed rule requires that the licensee must notify the l NRC, thr; ugh by3 certification, that the nuclear power reactor has ceased operation and that fuel has been permanently removed from the reactor vessel.
Then, through codification lby;bperiliorilofieguliti6n, the Commission removes the licensee's authority to operate the reactor or to maintain or place fuel in the 16
l reactor vesse1[lQshniEifsd, as specified in proposed Section 50.82 (a). This lice.7 :: pt:::::icr. ii6iiE5iifat]nj3 status then provides a basis to remove regulatory requirements that are no longer necessary to protect the public health 1 and safety, i Licensees have historically pursued relief frcm these requirements by means of obtaining license amendments and exemptions. This process has placed significant resource burdens upon both licensees and the Commission. After a nuclear power reactor is permanently shut down and awaiting or undergoing decommissioning, certain regulations, which are based on full power operation, are no longer jishessliFf]{:pplicable. Other regulations may have limited applicability but require modification to appropriately address the concerns associated with the permanently shut down condition. The Commission proposes to amend a number of the regulations contained in 10 CFR part 50 to clarify their I applicability to permanently shut down nuclear power reactors. I The following provides a discussion of numerous technical requirements which have been determined to have limited or no applicability, and require , clarification or modification of their 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 permanently shut down nuclear power reactors. A. Technical Specifications The requirements for technical specifications are found in 10 CFR 50.36. i 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 17
l uncertainty as to its applicability to the permanently shut down and { l decommissioning phase of a nuclear power reactor. The Commission is proposing to amend 10 CFR 50.36 to clearly indicate that the controls, limits, and ! requirements established by the technical specifications are a continuing part of the license in the permanently shut down and decommissioning phase of a nuclear power reactor, although the Commission recognizes that technical specifications pertinent to the operational phase will need to be revised and amended to reflect plant conditions and safety concerns associated with permanent cessation of operations and permanent removal of the fuel from the reactor vessel. ! I B. Technical Specifications for Effluents l 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 l l 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 controlling radiological effluents are also required during the permanently shut down and decommissioning phase of a nuclear power plant. 1 18
l C. Environmental Conditions Requirements associated with environmental conditions are found in 10 CFR 50.3Gb. The applicability of 10 CFR 50.36b to the operational phase of a nuclear power plant is clearly understood. However, the existing regulation has caused , uncertainty as to its applicability to the permanently shut down _and decommissioning phase of a nuclear power plant. The Commission is proposing to amend 10 CFR 50.36b to clearly indicate that conditions to protect the ' environment may be made a part of the license and required during the permanently shut down and decommissioning phase of a nuclear power plant. D. Combustible Gas Control The combustible gas control requirements are found in 10 CFR 50.44. These requirements were instituted to improve hydrogen management in light water reactor (LWR) facilities and to provide specific design and other requirements ; to mitigate the consequences of accidents resulting in a degraded core. The requirements focus on the capability for measuring hydrogen concentration, ) ensuring a mixed atmosphere, and controlling combustible gas mixtures following a loss of coolant accident (LOCA). The concern for hydrogen generation during a LOCA does not exist with the permanently shut down power reactor. A nuclear
)
power plant that has permanently ceased operation and permanently removed all of its fuel outside of primary containment no longer presents challenges to the j reactor pressure vessel and primary containment from accident-generated combustible gases, and such concerns are no longer an issue. Therefore, the ! 19 1
Commission is proposing to amend the requirements in 10 CFR 50.44 to indicate its nonapplicability to this situation. l l E. Emergency Core Cooling Systems (ECCS) Acceptance Criteria The acceptance criteria for ECCS for LWRs are found in 10 CFR 50.46 and in Appendix K. These regulations require that the ECCS be designed to limit post LOCA peak cladding temperature, clad oxidation, and hydrogen generation .to specified values and provide for long term cooling. Without fuel in the vessel, ECCS. systems are not required since a design basis LOCA could not occur. Therefore, the Commission is proposing to amend 10 CFR 50.46 and Appendix K to indicate their nonapplicability to a nuclear power reactor facility that has permanently ceased operations and has permanently removed fuel prom the reactor vessel. l F. Fire Protection Section 50.48 does not address fire protection for power reactor facilities i that have permanently ceased operation and permanently removed fuel from the reactor vessel. Clearly, there is a need for concern because the facility still remains radioactively contaminated and may (and most likely will) maintain fuel at the facility. Thus Section 50.48(f) has been added to the proposed amendments to require licensees that have permanently ceased operation and permanently removed fuel from the reactor vessel maintain a fire protection program. G. Environmental Qualification (EQ) I 20 l
. 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 relie'd upon to remain functional during and following . design basis events to ensure (i) the integrity of the reactor coolant pressure boundary, (ii) the capability to shut down the reactor and maintain it in' a safe condition, and (iii) the capabi.lity 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; external events; and natural phenomena for which the plant must be designed to ensure the functions (i) through (iii) above. The EQ rule is clearly limited to electrical equipment that must function during design basis events. In response to comments on the final rule, (48 FR 2729, January 21,1983), the Commission noted that the EQ rule does not cover the 4 electric equipment located in a mild environment. With permanent cessation of operations .and permanent removal of fuel from the reactor vessel, the harsh environment associated with LOCA accidents can no longer occur. Therefore, the ! Commission is proposing to amend 10 CFR 50.49 to indicate its nonapplicability to a nuclear power reactor facility licensed under these conditions. H. Containment Leakage Testing In 10 CFR 50.54, paragraph (o) requires that primary containments for water cooled reactors shall be subject to the requirements of 10 CFR Part 50, Appendix J. This appendix requires periodic testing to verify the leak-tight integrity 21
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. 0nce a nuclear power reactor permanently ceases operation, the fuel is removed from the reactor vessel in the I containment and placed in the spent fuel pool or an independent spent fuel storage installation (ISFSI). After the fuel has been removed from the containment, the LOCA can no longer occur. Leakage testing of the containment is no longer necessary. Therefore, the Commission is proposing to amend 10 CFR 50.54(o) to indicate its nonapplicability to a nuclear power reactor facility l that has permanently ceased operations and has permanently removed fuel from the i 1 reactor vessel. ) I. Emergency Actions In 10 CFR 50.54(x) a licensee is allowed to take reasonable actions that may depart from a license condition or technical specification in an emergency. This is permitted when action is immediately needed to protect the public health and safety and no actions consistent with license conditions and technical specifications that can provide adequate or equivalent protection are immediately apparent. In accordance with 10 CFR 50.54(y), emergency actions specified in 10 CFR 50.54(x) at a nuclear power reactor that has submitted the certifications in 550.82(2)(1) shall be approved by a licensed senior operator, or, a certified fuel handler prior to taking the action. These regulations serve to ensure that emergency action decisions necessary to protect the public health and safety are made by an individual who has both 22 l i i I l
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 opeiations and permanently removed fuel from the reactor vessel to make these evaluations , and judgments. A nuclear power reactor that has permanently ceased operations no longer has fuel in the reactor vessel nor requires a licensed individual to monitor core conditionr. A EsFfyfisd2fdelihE31er[ note to Carl Feldman -This term is not defined in the regulations to my knowledge. I understad in practice it may metn a person certified bly a licensee program which has our prior approval. If that's the case we need to set up some definition, and perhaps some process, by which the licensee's program will be approved. Otherwise, how will we be able to know what a " certified fuel handler" is?] at a permanently shutdown or decommissioning nuclear power reactor is an individual 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 operation, including anticipated abnormal operational occurrences. 23
l i Once a nuclear power reactor permanently ceases operation, the fuel is removed from the reactor vessel in the containment and placed in the spent fuel pool or an ISFSI. After the fuel has been remo!ed from the containment, accidents and transients which affect the integrity of the reactor coolant pressure boundary can no longer occur. The measures required by these regulations are no longer necessary. Therefore, the Commission is proposi m to amend 10 CFR 50.60, 50.61, and Appendices U and H to indicate their nonapplicability to a nuclear power reactor facility that has permanently ceased operations and has permanently removed fuel from the reactor vessel. K. Anticipated Transient Without Scram (ATWS) Raquirements The purpose of 10 CFR 50.62 is to require improvements in the design and operation of LWRs to reduce the likelihood of reactor protection system (RPS) failure following anticipated operational occurrences. This regulation also requires improvements in the capability to mitigate the consequences of an ATWS event. Alf. hough the ATWS event can be a significant contributor to operating plant risk, it is not relevant to nuclear power plants that have permanently ceased operations since fuel has been removed from the reactor and the RPS is no longer used. Therefore, the Commission is proposing to 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 24
1 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 that the control s, limits, and requirements for monitoring the effectiveness of inaintenance is required during the permanently shut down and decommissioning phase of a nuclear power plant facility that has permanently ceased operations and has permanently removed fuel from the reactor vessel. M. Maintenance of Records and the Making of Reports The requirements for licensees to periodically update the Final Safety Analysis Report (FSAR) are contained in 10 CFR 50.71. The regulation requires that " persons licensed to operate a nuclear power reactor" update the facility l FSAR annually or after each refueling outage with intervals not to exceed 24 months. In order to ensure that applicable sections of facility FSARs continue to be updated, the Commission is proposing to amend this regulation to make it l l applicable to licensees that have permanently ceased operation and permanently l l removed fuel from the reactor vessel, pursuant to Section 50.82(a)(1). IV. Criminal Penalties Provisions The existing provisions of 10 CFR 50.82 are treated as 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 25
process; e.g., certifying to permanent cessation of operations and permanent removal of fuel frot the t eactor vessel, and submitting a PSDAR. Thus, the . Commission believe'.4 that the amended provisions of 10 CFR 50.82 should be considered as substantive and issued under %e 9 6 161b,1611, or 161o of the Atomic Energy Act of 1954, as amended. Accordingly, the Commission is proposing to amend 10 CFR 50.111(b) to remove the exemption for 6 50.82 from the criminal penalty provisions. Finding of No Significant Environmental Impact Availability The Commission has determined ht under the National Environmental Policy Act of 1969, as amended, and the Commission's regulations in Subpart A of 10 CFR part 51, that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and therefore an environmental impact statement is not required. The proposed rule would clarify current decommissioning requirements for nuclear power reactors in 10 CFR part 50, and set forth a more efficient, uniform, and understandable process. The Commission has already analyzed the major environmental impacts associated with decommissioning in the Generic Environmental Impact Statement (GEIS), NUREG-0586, August 1988 published in conjunction with the Commission's final decommissioning rule (53 FR 24018, June 27,1988). The environmental assessment and finding of no significant impact on which this determination is based are available for ! inspection and photocopying for a fee at the NRC Public Document Room, 2120 L ! Street NW. (Lower Level), Washington, DC. l Paperwork Reduction Act Statement 26
This proposed rule amends information collection requirements that are I 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 pubile reporting burden for this collection of information is estimated to average (number will be supplied before oublication in the Federal Reaistfr) , hours per response, including the time for reviewing instructions, searching l existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regardinj this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Information and Records Management Branch (T-6 F33), U.S. Nuclear Regulatory Commission, Washington, DC 20555, and to the Desk Officer, Office of Inforrcation and Regulatory Affairs, NE08-3019, (3150-0011), Office of Management and Budget, Washington, DC 20503. l l l
/
27
Regulatory Analysis The NRC has prepared a draft regulatory analysis on this proposed regulation. The analysis qualitatively examines the costs and benefits of the alternatives considered by the NRC. The draft regulatory analysis is available for inspection in the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC 20555. Single copies of the analysis may be obtained from Dr. Carl Feldman, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-6194. The Commission requests public comment on'the draft regulatory analysis. Comments on the draft analysis may be submitted to the NRC as indicated under the ADDRESSES heading. Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the Commission certifies that this rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. The proposed rule would impose requirements for timely decommissioning of nuclear power plants. The companies that own these plants do not fall within the scope of the definition of small entities as given in the Regulatory Flexibility Act or the Small Business Size Standards promulgated in regulations issued by the j Small Business Administration (13 U.S.C. Part 121). 28
Backfit Analysis , The Commission is proposing not to apply the backfit rule,10 CFR 50.109, to these proposed amendments, and therefore, a backfit analysis has not been prepared for this rule. The 4ees sE6#} of the backfit provision in 10 CFR W 109 is [jsjtidifd][Esss(@((sii[isd@ditli6(sMen :ptr:tini; reactorsf( end tJhese proposed amendments would only apply to reactors which have permanently ceased operations [ihdlfii^$sG6hEs6hldisst90sstitutsibiEkfit'ifusdQ1101CFR s 501109. l 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 i l nuclear material, Waste treatment and disposal. j 10 CFR Part 50 Antitrust, Classified information, Criminal penalties, Fire protection, Incorporation by reference, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements. 10 CFR Part 51 29
1 l i l I Administrative practice and procedure, Environmental impact statement, Nuclear materials, Nuclear power plants and reactors, Reporting and reco[dkeeping requirements. For reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendments to 10 CFR Parts 2, 50, and 51. l l l 30 ! i i s
I PART 2- RULES OF PRACTICE FOR DONESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS
- 1. The authority citation for part 2 continues to read as follows:
Authority: Secs.-161, 181, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231);sec.191,asamended, 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. Sr: tion 2.101 also issued under secs. 53, 62, 63, 81,-103, 104, 105, 68 Stat. % 0, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, i 2111, 2133, 2134, 2135);.sec. Il4(f), Pub. L. 97-425 96 Stat. 2213, as amended l (42 - U.S.C.10134(f)); sec.102, Pub. L. 91-190, 83 Stat 853, as amended (42 l U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, l 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68
- j. 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. J 102, Pub. L. 91-190, 83 St'at. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 2.764 and Table 1A of Appendix C also issued l 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 l 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 l also issued under sec.189, 68 Stat. 955 (42 U.S.C. 2239); sec.134, Pub. L. 97-l 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, l 84 Stat. 1473 (42 U.S.C. 2135). f
- 2. In i 2.1201, paragraph (a)(3) is added:
6 2.1201 Scone of suboart. (a) l (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 i 50.82(a)(1). !
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- 1. The authority citation for part 50 continues to read as follows:
Authority: Secs. 102,103,104,105,161,182,183,186,189, 68 Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat.1244, as ' 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.
l 5841, 5842, 5846). , Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-486,sec.2902,106 Stat.3123,(42U.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 i (42 U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 185,68 Stat.955(42U.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 i U.S.C.2152). Sections 50.80-50.81 also issued under sec.184, 68 Stat. 954, as i amended (42 U.S.C. 2234). Appendix F also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237). i
- 2. In 5 50.2, the terms "MajoriDecommissioning activity," " Major radioactive components," " Permanent cessation of operations," and " permanent fuel removal" are added to read as follows:
r i 50.2 Definitions. 2 i l l
1 MIGFDecommissionina activity means, for a nuclear power reactor, any activi".y that results in permanent removal of major components, modifies the structure of the containment, or results in dismantling for shipment components containing greater than class C waste. Ma.ior radioactive comoonents means, for a nuclear power reactor, the reactor vessel and internals, steam generators, pressurizers, large bore reactor coolant system piping, pumps, and valves. ) Permanent cessation of operations means, for a nuclear power reactor, a certification by a licensee to the NRC that it has permanently ceased or will permanently cease reactor operation. i l Permanent fuel removal means, for a nuclear power reactor, a certification by the licensee to the NRC that it has permanently removed all fuel from the reactor vessel.
- 3. In 5 50.4, paragraphs (b)(8) and (b)(9) are added to read as follows:
1 50.4 Written Communications. 1 (b) (8) Certification of Permanent Cessation of Operations. The licensee's certification of permanent cessation of operations, pursuant to 9 50.82(a)(1), must state the date on which operations have or will be ceased, and must be submitted as follows: (1) the signed and notarized original and one copy to the Nuclear Regulatory Commission, Document Control Desk, Washington, DC 20555, (ii) one copy to the appropriate Regional Office, and (iii) one copy to the appropriate NRC Resident Inspector if one has been assigned to the site or the facility. (9) Certification of Permanent Fuel Removal. The licensee's certification of permanent fuel removal, pursuant to 9 50.82(a)(1), must state the date on which the fuel was removed from the reactor vessel and the disposition of the fuel, and must be submitted as follows: (i) the signed and notarized original and one copy to the Nuclear Regulatory Commission, Document Control Desk,. Washington, DC 20555, (ii) one copy to the appropriate Regional Office, and 3
I l (iii) one copy to the appropriate NRC Resident Inspector if one has been assigned to the site er the facility.
- 4. In 6 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: j l
6 50.36 Yechnical specifications. (c) I 1 (6) Decommissionina. The following applies only to nuclear power reactors that have submitted the certifications required by 950.82(a)(1). l Technical specifications involving safety limits, limiting safety system l settings, and limiting control system settings; limiting conditions for l operation; surveillance requirements; design features; and administrative controls will be developed on a case-by-case basis. , I (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 5 50.36a, paragraphs (a) and (b) are revised to read as follows:
9 50.36a Technical specificqt_tani_Qp effluents from nuclear oower reactors. (a) In order to keep releases of radioactive materials to unrestricted areas during normal conditions, including expected occurrences, as low as reasonably achievable, each licensee of a nuclear power reactor will include technical specifications that, in addition to requiring compliance with applicable provisions of 5 20.1301 of this chapter, require: (1) That operating procedures developed pursuant to i 50.34a(c) for the control of effluents be established and followed and that equipment installed in the radioactive waste system, pursuant to 6 50.34(a), be maintained and used. The ;.onsee 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 l specifies the quantity of each of the principal radionuclides released to l unrestricted areas in liquid and in gaseous effluents during the previous .1.2 months, including any other infor: nation as may be required by the Commission to estimate maximum potential annu&l radiation doses to the public resulting from 4 i n 1 __
effluent releases. The report mur.t be submitted as specified in 6 50.4, and the time between submission of the reports must be no longer than 12 months. If quantities of radioactive materiais released during the reporting period are significantly above design objectives, the report must cover this specif:cally. 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 deems appropriate. (b) In establishing and implementing the operating procedures described in paragraph (a) of this section, the licensee shall be guided by the following considerations: Experience with the esign, 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 i 20.1301 and in the license. At the same time, the licensee is permitted the flexibility of i 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 l percentages, but still within the limits specified in 6 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 set out in appendix I provide numerical guidance on limiting conditions for operation for light-water cooled nuc' lear power reactors to meet the requirement ; that radioactive materials in effluents released to unrestricted areas be kept l as low as is reasonable achievable. l
- 6. In 6 50.36b, the paragraph is revised to read as follows:
9 50.36b Environmental conditions. I Each license authorizing operation or possession of a production or utilization facility which is of a type described in 6 50.21(b)(2) or (3) or 6 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 NRC record of decision, and will identify the obligations of the licensee in the environmental area, including, as appropriate, requirements for reporting and keeping records of environmental data, and any conditions and monitoring requirement for the protection of the nonaquatic environment.
- 7. In 150.44, paragraph (a) is revised to read as follows:
5 50.44 Standards for combustible cas control sv,cem in liaht-water-cooled gower reactors. 5
1 I l l l J l l (a) Each boiling or pressurized light-water nuclear power reactor fueled l l with oxide pellets within cylindrical zircaloy or ZIRLO claddin'g, other than reactor facilities that have submitted the certifications required under 'l t 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 i i postulated loss-of-coolant accident (LOCA) by--- l l 8. In 5 50.46, paragraph (a)(1)(1) is revised to read as follows: l l 5 50.46 Accentance criteria for emeraency core coolina systems for licht water nuclear power reactors. i (a)(1)(1) Each boiling or pressurized light-water nuclear power reactor fueled with uranium oxide pellets within cylindrical zircaloy or ZIRLO cladding, other than reactor facilities that have submitted the certifications required L under paragraph 5 50.82(a)(1), must be provided with an eme.rgency core cooling system (ECCS) that must be designed so that its calculated cooling performance i 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 loss-of-coolant accidents are calculated. Except as provided in paragraph (a)(1)(ii) of this section, the evaluation model must include sufficient supporting justification to show that the analytical technique realistically describes the behavior of the reactor system during a loss-of-coolant accident.
Comparisons to applicable experimental data must be made and uncertainties in the analysis method and inputs must be identified and asse.n 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, j pirt II Required Documentation, sets forth the documentation requirements for ! each evaluation model. 1
- 9. In i 50.48, paragraph (f) is added to read as follows:
6 50.48 Fire protection. (f) Licensees that have submitted the certifications required under 150.82(a)(1) shall maintain a fire protection program to address the potential for fires which could cause the release or spread of radioactive materials (i.e., which could result in a radiological hazard). (1) The objectives of the fire protection program are to: (i) reasonably prevent such fires from occurring; (ii) rapidly detect, control, and extinguish those fires which do occur and which could result in a radiological hazard; and 1 6 l i i I
l I (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. (3) The licensee may make changes to the fire protection program without NRC approval only if these changes do not reduce the effectiveness of fire protection for systems and equipment which could result in a radiological hazard, taking into account the decommissioning plant conditions and activities.
- 10. In 5 50.49, paragraph (a) is revised to read as follows:
l 6 50.49 Environmental aualification of11ectric eauioment important to safety for nuclear power plants. (a) Each holder of or an applicant for a license for a nuclear power plant, other than reactor facilities that have submitted the certifications required under 950.82(a)(1), shall establish a progr 2m for qualifying the electric equipment defined in paragraph (b) of this section.
- 11. In s 50.51, the title is changed, and paragraph (b) is added to read as l follows:
)
9 50.51 Continuation of license. (b) Each license will continue in effect beyond the expiration date, if j necessary, with respect to possession of the production or utilization facility, I until the Commission notifies the licensee in writing that the license is terminated. During any period of continued effectiveness of a license beyond the license's stated expiration date, the licensee is prohibited from operating the production or utilization facility and shall- l (1) Limit activities to: ' (i) actions necessary to decommission and decontaminate the facility; or (ii) actions necessary to maintain the facility, including the storage, control and maintenance of the spent fuel, in a safe condition, and 1 (2) Shall conduct activities in accordance with all other restrictions applicable to the facility in accordance with the NRC regulations and the l provisions of the specific Part 50 license for the facility.
- 12. In 6 50.54, paragraphs (o) and (y) are revised to read as follows:
( l 50.54 Conditions of licenses. l t 7 l
(o) Primary reactor containments for water cooled power reactors, other than reactor facilities that have submitted the certifications required under 150.82(a)(1), shall be subject to the requirements set forth in appendix J to this part. (y) Licensee action permitted by paragraph (x) of this section shall be approved, as a minimum, by a licensed senior operator, or, at a nuclear power reactor that has submitted the certifications required under 6 50.82(a)(1), by either a licensed senior operator or a certified fuel handler, prior to taking j the action. '
- 13. In 150.59, paragraphs (d), (e), and (f) are added to read as follows:
6 50.59 Chanaes. tests and experiments. (d) A nuclear power reactor licensee which has submitted the certifications required under 6 50.82(a)(1) may conduct activities with regard to the facility, as described in paragraph (a) of this section, provided the changes could not: (1) foreclose the release of the site for possible unrestricted use, or (2) significantly increase decommissioning costs, or (3) cause any significant environmental impact not previously reviewed, or (4) violate the terms of the licensee's existing license. (e) All the provisions of this section shall apply to each nuclear power reactor licensee that has submitted the certifications required under 950.82(a)(1). (f) The provisions of paragraphs (a) through (d) shall apply to each non-power reactor licensee whose license no longer authorizes operation of the reactor.
- 14. In i 50.60, paragraph (a) is revised to read as follows:
s 50.60 Acceptance criteria for fracture prevention measures for liaht-water nuclear oower reactors for normal operation, (a) Except as provided in paragraph (b) of this section, all light water nuclear power reactors, other than reactor facilities that have submitted the certifications required under 9 50.82(a)(1), must meet the fracture toughness and material surveillance program requirements for the reactor coolant pressure boundary set forth in Appendices G and H to this part. 8
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- 15. . In l 50.61, paragraph (b)(1) is revised to read as follows:
i 6 50.61 Fracture touahness reouirements for orotection aaainst 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-l' certifications required under_l 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 . 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 i
. submittal must list the copper and nickel contents, and the fluence values used' in the calculktion for each beltline material. If these quantities differ from:
those submitted in response to the original PTS rule and accepted by the NRC, justification must be provided. If the value of RT,,,-for any material in the beltline is projected to exceed the PTS screening criteria before the expiration
-date of the operating license or the proposed expiration date if a change in the -
license has been requested, or the end of a renewal term if a request for license renewal has been submitted,-this assessment must be submitted by December'16, 1991. Otherwise, this assessment must be submitted with the next update of the l pressure-temperature limits, or the next reactor vessel material surveillance report, or 5 years from the effective date of this rule,-whichever comes first. These submittals must be updated whenever there is a significant change in - projected values of RT,1., or upon a request for a change in the expiratien date for operation of the facility.
- 16. -In i 50.62, paragraph (a) is revised to read-as follows:
i 50.62 Reauirements for reduction of risk from anticipated transients without scram (ATWS) events for lioht-water-cooled nuclear power olants. (a) App 1fcabf1fty. The requirements of this section apply to all commercial l light-water-cooled nuclear power plants, other than reactor facilities that have ! submitted the certifications required under i 50.82(a)(1).
* * * *
- I
- 17. In i 50.65, paragraph (a)(1) is revised to read as follows: i I
9
)
i l l 9 50.65 Reouirements for monitorina the effectiveness of maintenance at I nuclear power olants. (a)(1) Each holder of a license to possess or operate a nuclear power plant l under il 50.21(b) or 50.22 shall monitor the performance or condition of l structures, systems, or components, against licensee-established goals, in a l 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 i operating experience. When the performance or condition of a structure, system, ) l or component does not meet established goals, appropriate corrective action shall ' be taken. The requirements of this section shall also apply to each nuclear power plant that has submitted the certifications specified in j i 50.82(a)(1). This section shall apply to the extent of all systems associated l with the storage, control, and maintenance of spent fuel in a safe condition. 1
- 18. In 9 50.71, paragraph (f) is added to read as follows:
(f) The provisions of this section shall apply to nuclear power reactor , licensees that have submitted the certificatiors required under 9 50.82(a)(1). I
- 19. In 650.75, paragraph (f) is revised to read as follows: j (f)(1) Each power reactor licensee shall at or about 5 years prior to the projected end of operation submit a preliminary decommissioning cost estimate l which includes an up-to-date assessment of the major technical factors that could affect cost estimating for decommissioning.
(f)(2) Each non-power reactor licensee shall at or about 5 years prior to the projected end of operation submit a preliminary decommissioning plan containing a cost estimate for decommissioning and an up-to-date assessment of the major technical factors that could affect planning for decommissioning. Factors to be considered in submitting this information include-- , (i) The decommissioning alternative anticipated to be used. The requirements of 9 50.82(b)(4) must be considered at this time. , (ii) Mi.jor techt,1 cal actions necessary to carry out decommissioning safely; ' (iii) The current situation with regard to disposal of high-level and low-level radicective waste: 1 (iv) Residual radioactivity criteria; l (v) Other site specific ft.: tors which could affect decommissioning planning and cost. 10 1 i l
i
-(f)(3) If necessary, the cost estimate submittal shall also include plans for adjusting levels of funds assured for decomissioning 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 i 50.82, the title is modified, paragraphs (a), (b), and (c) are revised, paragraphs (d), (e), and (f) are deleted to read as follows:
i 50.82 Termination of license. (a) For power reactor licensees-- (1)(1) When a nuclear power reactor licensee has determined to permanently cease operations, or when a final legally effective order to j permanently cease operations has come into effect, the licensee shall, within 30 days, submit a written certification to the NRC, consistent with the requirements ! of f 50.4(b)(8) and; (ii) Once fuel has been permanently removed from the reactor vessel, submit a written certification to the NRC, consistent with the requirements of i 50.4(b)(9). (2) Upon r:::ipt ii6Eliithifof the certifications for permanent cessation of operation and permanen't7smova ~of fuel from the reactor vessel, the Part 50 license for power reactors no longer authorizes operation of the reactor or I emplacement of fuel into the reactor vessel. (3) Decomissioning will be completed within 60 years of permanent 3 cessation of operation f Fissfidisssil. Consideration will be fiVin* TiF^E6Eplst16ii^6f and$IHishiitirempiilysfMfsellfE6iilths[biy6hd"B0*isifs dEh6misii^6didi only when necessary to protect public health and safety. Factors to be considered in evaluating an alternative which provides for completion of decomissioning beyond 60 years include unavailability of waste disposal capacity and other site-specific factors affecting the licensee's capability to carry out decomissioning safely, including presence of other nuclear facilities at the site. (4)() Prior - to or within permanent cessation of two years following 'orl'vens), the licensee operations aWMiasntifsioja)6s11 76fdueli{ffomItheyesct of a nuc ear power reactor s submit a post shutdown decommissioning activities report (PSDAR) which shall include a description of the planned decomissioning activities along with a schedule for their accomplishment, a general description and estimate of expected costs, and a discussion as to whether the environmental impacts associated with site-specific decomissioning activities will be bounded by appropriate environmental impact statements. (ii) The NRC shall notice receipt of the PSDAR and solicit public coment. 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 proposed purpose of the meeting. 11 i
(5) For a power reactor licensee, s 50.59 may not be used to perform iial6@ decommissioning activities, as defined in i 50.2, until 90 days after the NRC~has received the licensee's PSDAR submittal. (6) In taking actions permitted under 6 50.59 following submittal of the PSDAR, the licensee shall notify the NRC, in writing, before taking any action inconsistent with, or making any significant schedule change from, those actions and schedules described in the PSDAR. This includes actions where various decommissioning activities, as defined in i 50.2, may have been delayed by first placing the facility in storage, where less decommissioning activity and planning would be required. (7)(i) For power reactor licensees that have submitted the certifications required under 1 50.82(a)(1), have permanently ceased operation and permanently removed fuel from the reactor vessel, decommissioning trust funds may be used provided that the withdrawal of funds would not reduce the decommissioning trust below an amount necessary to place and maintain the reactor facility in a safe storage condition until decommissioning can be completed or inhibit the licensee's ability to complete funding of any shortfalls in the decommissioning trust needed to ensure the ultimate release of the site. Initially, 3% of the generic decommissioning cost amount specified in 5 50.75 may be used. Commencing 90 days after the NRC has received the PSDAR, an additional 20% of this generic amount may be used. A site-specific decommissioning cost analysis must be submitted to the NRC prior to the licensee being permitted to use any additional funding in excess of these amounts. (ii) Within two years following permanent cessation of operation of a nuclear power reactor, if not already submitted, the licensee shall submit a site-specific decommissioning cost estimate. (iii) For decommissioning activities that delay completion of decommissioning by including a period of storage or surveillance, the licensee must provide a means for adjusting cost estimates and associated funding levels over the storage or surveillance period. (8) For power reactor licensees that have submitted a certification in accordance with 6 50.82(a)(1), have permanently ceased operation, and permanently removed fuel from the reactor vessel, the application for license i termination must be accompanied or preceded by a license termination plan to be l submitted for NRC approval as a license amendment. l (1) The license termination plan shall be a supplement to the FSAR, and shall be submitted at least two years prior to the planned I decommissioning completion date as specified in the PSDAR. , (ii) The proposed license termination plan for power reactors must ! include-- l (A) A site characterization; (B) A description of remaining dismantlement activities; (C) Plans for site remediation; , (D) Detailed plans for the final radiation survey; l (E) A description of the end use of the site, if restricted; (F) An updated site-specific analysis of remaining decommissioning costs; (G) A supplement to the environmental report, pursuant to 9 51.53, describing any new information or significant environmental change associated with the licensee's proposed termination activities. f (9) IfthelicenseterminationplandemonstratesthattheFema6deHof
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decommissioning ist'1Vitis will be performed in accordance with the regulations in this chapter and'will"not be inimical to the common defense and security or 12 l
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 im ~ }plementation of the license termination plan. Ifd hearinWiMel'dTsnderTPift~ 2 oiRths35Giit'edfisjihdmeistMthatfhespih691111tisicompletedhdoktQRC termi nat ioniofg"thei the t power; reactoml i cense e ~~ 0)~The C6&iilhibh Gill ~tirisihitFthe license if it determines that-(i) The decommissioning has been performed in accordance with the approved license termination plan and the order authorizing license termination; and (ii) The terminal radiation survey and associate documentation demonstrates that the facility and site are suitable for release. (b) For non-power reactor licensees-- (1) A Licensee that permanently ceases operation must make application for license termination within two years following permanent cessation of operations, and in no case later than one year prior to expiration of the operating license. Each application for termination of license must be accompanied, or preceded, by a proposed decommissioning plan. The contents of the decommissioning plan are specified in paragraph 4 of this section. (2) For decommissioning plans in which the major dismantlement activities are delayed by first placing the facility in storage, planning for these delayed activities may be less detailed. Updated detailed plans must be submitted and approved prior to the start of these activities. (3) For decommissioning plans that delay completion of decommissioning by including a period of storage or surveillance, the licensee must provide that--- (i) funds needed to complete decommissioning be placed into an account segregated from the licensee's assets and outside the licensees administrative control during the storage or surveillance period, or a surety method or fund statement of intent be maintained in accordance with the criteria of 9 50.75(e), ; and 1 (ii) Means be included for adjusting cost estimates and associated funding levels over the storage or surveillance period. (4) The proposed decommissioning plan for a non-power reactor facility must include - (i) The choice of the alternative for decommissioning with a description of activities involved. An alternative is acceptable if it provides for I completion of decommissioning without significant delay. Consideration will be i given to an alternative which provides for delayed completion of decommissioning only when necessary to protect the public health and safety. Factors to be considered in evaluating an alternative which provides for delayed completion of ; decommissioning include unavailability of waste disposal capacity and other site ! specific factors affecting the licensee's capability to carry out decommissioning safely, including presence of other nuclear facilities at the site. (ii) A description of the controls and limits on procedures and equipment to protect occupational and public health and safety; (iii) A description of the planned final radiation survey; i (iv) An updated cost e:timate for the chosen alterr.ative for decommissioning, and plan for assuring the availability of adequate funds for completion of decommissioning. (v) A description of technical specifications, quality assurance provisions and physical security plan provisions in place during decommissioning. (5) If the decommissioning plan demonstrates that the decommissioning will be performed in accordance with the regulations in this chapter and will not be l i 13 l l
inimical to the comon defense and security or to the health and safety of the public, and after notice to interested persons, the Comission will approve the plan subject to such conditions and limitations as it deems appropriate and necessary and issue an order authorizing the decomissioning. (6) The Comission will terminate the license if it determines that-(i) The decomissioning has been performed in accordance with the approved decomissioning plan and the order authorizing decomissioning; 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. 2.12D(($$91}{@lfMfDfit])@thdRjfed(@{n{jphf5hi@@{@@j Bi
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tg 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.
- 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 .nd Limitina Conditions qf Operation to Meet the Criterion "As low As Is Reasonably Achievable" for Radioactive Material in Liaht-Water-Cooled Nuclear Power Reactor Effluents. SECTION 1. Introduction. Section 50.34a provides that an application for a permit to construct a nuclear power reactor shall include a description of the preliminary design of equipment to be installed to maintain control over radioactive materials in gaseous and liquid effluents produced during normal conditions, including expected occurrences. In the case of an application filed on or after January 2, 1971, the application must also identify the design 14 i
objectives, and the means to be employed,- for keeping levels of radioactive material in effluents to unrestricted areas as low as practicable. Section 50.36a contains provisions designed to assure that releases of radioactive material from nuclear power reactors to unrestricted areas during norma.1 ccMitions, including expected occurrences, are kept as low as practicable. SEr, . IV. Guides on technical specifications for limiting conditions for opcration for light-water-cooled nuclear power reactors licensed under 10 CFR Part 50. The guides on limiting conditions for operation for light-water-cooled nuclear power reactors set forth below may be used by an applicant for a license -to operate a light-water-cooled nuclear power reactor or a licensee who has submitted certifications under 5 50.82(a)(1) as guidance in developing technical specifications under i 50.36a(a) to keep levels of radioactive materials in effluents to unrestricted areas as low as is reasonable achievable. C. If the data developed in the surveillance and monitoring program described in paragraph B of Section III or from other monitoring programs show that the relationship between the quantities of radioactive material released in liquid and gaseous effluents and the dose to individuals in unrestricted areas is significantly different from that assumed in the calculations used to determine design objectives pursuant to Sections II and III, the Commission may modify the quantities in the technical specifications defining the limiting conditions in a license to operate a light-water-cooled nuclear power reactor or a license whose holder has submitted certifications under i 50.82(a)(1). SEC. V. * *-
- 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 6 50.82(a)(1) shall, within a period of i twelve months from June 4,1975, file with the Commission: {
* * * *
- i
- 2. Plans and proposed technical specifications developed for the purpose of keeping releases of radioactive materials to unrestricted areas during normal conditions, including expected occurrences, as low as is reasonably achievable.
PART 51- ENVIRONNENTAL PROTECTION REGULATIONS FOR DONESTIC LICENSING AND RELATED REGULATORY FUNCTIONS :
- 1. The authority citation for part 51 continues to read as follows: !
15 I l I
Authority: Sec.161, 68 Stat. 948, as amended (42 U.S.C. 2201); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842). Subpart A also issued under National Environmental Policy Act of 1969, secs. 102, 104, 105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L. 95-604, Title II, 92 Stat. 3033-3041; and sec.193, Pub. L.101-575,104 Stat. 2835 (42 U.S.C. 2243). Sections 51.20, 51.30, 51.60, 51.61, 51.80, and 51.97 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241, and sec. 148, Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168). Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, sec.121, 96 Stat. 2228 (42 U.S.C. 10141). Sections 51.43, 51.67, and 51.109 also issued under Nuclear Waste Policy Act of'1982, sec. 114(f), 96 Stat. 2216, as amended (42 U.S.C. 10134(f). SOURCE: 49 FR 9381, Mar. 12, 1984, unless otherwise noted.
- 2. In i 51.53, paragraph (b) is revised to read as follows:
(b) Post Operating License Stage. Each applicant for a license amendment authorizing decommissioning activities 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 applicant for a license or license amendment to store spent fuel at a nuclear power reactor . . .
- 3. In 5 51.95, paragraph (b) is revised to read as follows: 3 l
(b) Post Operating License Stage. In connection with the amendment of an operating licence authorizing decommissioning activities at a production or utilization facility covered by 5 51.20, either for unrestricted use or based on continuing use, or with the issuance, amendment or renewal of a license to store spent fuel at a nuclear power reactor . . .
. . . . . Dated at Rockville, Maryland, this day of 1994. l l
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