ML20216G000

Discusses Changes to SECY-95-051,proposed Rulemaking & Rev to 10CFR2,50 & 51,related to Decommissioning of Nuclear Power Reactors.Concludes That All Six Attachments to SECY-95-051 Revised

ML20216G000
Person / Time
Issue date:	04/18/1995
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20216F445	List: ML20216F440 ML20216F464 ML20216F487 ML20216F521 ML20216F531 ML20216F537 ML20216F543 ML20216F716 ML20216F723 ML20216F789 ML20216F796 ML20216F804 ML20216F828 ML20216F835 ML20216F840 ML20216F871 ML20216F898 ML20216F909 ML20216G000 ML20216G056
References
FRN-60FR37374, RULE-PR-2, RULE-PR-50, RULE-PR-51 AE96-1-026, AE96-1-26, SECY-95-051-C, SECY-95-51-C, NUDOCS 9803190165
Download: ML20216G000 (144)

Text

MEMORANDUM T0: John C. Ho le April 18, 1995 Secretary of the Commission FROM: James M. Taylor  %,OS( g%- e e q w o; Executive' Director for Operations 84

SUBJECT:

CHANGES TO SECY-95-051 - PROPOSED RULEMAKING - REVISION TO 10 CFR PARTS 2, 50, AND 51, RELATED TO DECOMMISSIONING OF NUCLEAR POWER REACTORS On March 27, 1995, the NRC staff met with the Commission staff to discuss the proposed rulemaking (SECY-95-051). Based on that discussion, a number of editorial changes were identified. These have now been made. In addition, the staff has made some minor changes to the rulemaking package to assure that certain procedural steps in the decommissioning process will be clear. For example, it was decided that submittal of the post shutdown decommissioning report should be within 2 years of the power reactor permanent cessation of operations date rather than, as in the SECY document, within 2 years of the NRC receipt of, certification of permanent cessation of operations and permanent removal of fuel'from the reactor vessel. Additionally, it was noted that some of the:10 CFR Part 50 amendment changes did not require initiation to be keyed to' licensee submittal of both certification of permanent cessation of operations and permanent removal of spent fuel, but only to the permanent cessation of operation-certification.

-u During_ the staff +indlementation 'of these changes, it was realized that the -

proposed 10.CFR 50.06' amendment'that in the SECY pertains only to power reactors should be extended to non-pow'er reactors as well. This was done to ensure"that the technical specifications for reactors that are no longer

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permitted..to operate'are maintained until sthey are case specifically modified 4 through license amendment. ., 7 g_

As a result df these chinges', All six attachments to SECY-95-05? nave been revised., In addition, a markup ofcthe FRN in redline / strikeout format indicatir. where lall_ of the changes were made is included as Attachment 7.

s~ DEISBUTION Attachments: 'As stated (7)' , JTc., lor JMilhoan HThompson JBlaha

Contact:

ED0 R/F Carl Feldman,' RES '

KStablein 415-6194 CFeldman EBeckjord RES 50 j Feldman JT lor 4/17/95 44 /95 9803190165 980311

• d,_ __NOF 7374 PDR . .O

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.p' *, UNITED STATES g j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2068HE01

.....,/

MEMORANDUM TO: John C. Hoyle

' Secretary of the Commission 1FRON: James M. Taylor Executive Director for Operations

SUBJECT:

CHANGts TO SECY-95-051 - PROPOSED RULEMAKING - REVISION TO 10 CFR PARTS 2, 50, AND 51, RELATED TO D COMMISSIONING OF

' NUCLEAR POWER REACTORS i

On March 27,'1995, the NRC staff met th the Commiss on staff to discuss the proposed rulemaking.(SECY-95-051). Ba d on that di cussion, a number of editorial changes were identified. .Thes have now een made. In addition, the staff has made some. minor changes to t e rule king package to assure that certain procedural steps in the decommissio ng ocess will be clear. For

< example, it was decided that submittal of.the st shutdown decommissioning report should be within 2 years of the power r ctor. permanent cessation of operations date rather than, as in the SECY cu nt, within 2 years of the

-NRC receipt of certification of permanent c satio of operations and permanent removal of fuel from the reactor essel.. dditionally, it was noted that some of the:10 CFR Part 50 amendment hanges did not require initiation:

to be keyed to licensee submittal of bot certificationNf permanent cessation of' operations and permanent removal of ent fuel, but orily to the permanent

. cessation of operation certification. 'N During the staff imp?ementation of t ese changes, it was real ed that the proposed 10 CFR 50.36 amendment tha .in the SECY pertains only to\p'ower reactors should be extended to non power reactors as well. This wasxdone to ensure that the technical specifi ations for reactors that are no longer permitted to operate are maintai ed until they are case specifically modified through license amendment.

N As a result of these changes, all of the attachments (6) have been revised.. A ~

markup of the FRN in redline strikeout format indicating where all of.the

-ch:nges were made is inclu d. '

Attachments: As state (7) Distribution U/o Attcchments:

JTaylor JMilhoan HThompson JBlaha

Contact:

ED0 R/F Carl Feldman, RES CFeldman 415-6194 EBeckjord RES ED0 Feldman JTaylor 4/17/95 4/ /95

ga rtry g & UNITED STATES  ;

S s# NUCLEAR REGULATORY COMMISSION f

\,,,,,/

WASHINGTON, D.C. 20066 4001 .

April 18, 1995 MEMORANDUM T0: John C. Hoyle Secretary of th Commission FROM: James M. Taylo [ i Executive Dire or for Oper tions

SUBJECT:

CHANGES TO SECY-95-051 - PROPOSED RULEMAKING - REVISION TO 10 CFR PARTS 2, 50, AND 51, RELATED TO DECOMMISSIONING OF NUCLEAR POWER REACTORS On March 27, 1995, the NRC staff met with the Commission staff to discuss the proposed rulemaking (SECY-95-051). Based on that discussion, a number of editorial changes were identified. These have now been made. In addition, the staff has made some minor changes to the rulemaking package to assure that certain procedural steps in the decommissioning process will be clear. For example, it was decided that submittal of the post shutdown decommissioning report should be within 2 years of the power reactor permanent cessation of operations date rather than, as in the SECY document, within 2 years of the  !

NRC receipt of certification of permanent cessation of operations and '

permanent removal of fuel from the reactor vessel. Additionally, it was noted that some of the 10 CFR Part 50 amendment changes did not require initiation to be keyed to licensee submittal of both certification of permanent cessation of operations and permanent removal of spent fuel, but only to the permanent cessation of operation certification. i

'During the staff implementation of these changes, it was realized that the proposed 10 CFR 50.36 amendment that in the SECY pertains only to power reactors should be extended to non-power reactors as well. This was done to ensure that the technical specifications for reactors that are no longer permitted to operate are maintained until they are case specifically modified through license amendment.

As a result of these changes, all six attachments to SECY-95-051 have been revised. In addition, a markup of the FRN in redline / strikeout format  ;

indicating where all of the changes were made is included as Attachment 7.

Attachments: As stated (7)

Contact:

l Carl Feldman, RES 415-6194 u

_)

f i

l ATTACHMENT 1 FEDERAL REGISTER NOTICE

Rava ad \

l

[7590-01-P]

I NUCLEAR REGULATORY COMMISSION ,

10 CFR Parts 2, 50, and 51 RIN 3150-AE96 i

Decommissioning of Nuclear Power Reactors  !

l AGENCY: Nuclear Regulatory Commission. l l

ACTION: Proposed rule.  ;

SUMMARY

The Nuclear Regulatory Commission is proposing to amend its i

regulations on the decommissioning procedures that lead to the termination of I l

an operating license for nuclear power reactors and release of the property.

1 The proposed amendments would clarify ambiguities in the current rule and codify practices which have been used for other licensees on a case-by-case basis. Some proposed amendments have also made for purposes of clarification and procedural simplification for non-power reactors.

l DATES: The comment period expires (90 days after publication in the Federal i Register). Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date.

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 Room, 2120 L Street NW. (Lower Level) Washington, DC.

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Comments may be submitted electronically, in either ASCII text or Word ,

1 Perfect 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 communication software l

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 bits to 8, and stop bits to 1 (N,8,1). Use ANSI or VT-100 terminal emul ation. 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:

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)).

If using a method other than the NRC's toll free number to contact FedWorld, then the NRC subsystem will be accessed from the main FedWorld menu 1

l by selecting "F - Regulatory, Government Administration and State Systems" or I by entering the command "/go nrc" at a FedWorld command line. At the next menu select "A - Regulatory Information Hall," and then select "A - U.S.

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r Nuclear Regulatory Comission" at the next menu. If you access NRC from FedWorld's " Regulatory, Government Administration" menu, then you may return to FedWorld by selecting the " Return to FedWorld" option from the "NRC Main l 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 system. For more information on NRC bulletin boards call Mr. Arthur Davis, Systems Integration and Development Branch, U.S.

Nuclear Regulatory Comission, Washington, DC 20555-0001, telephone (301)~415-5780; e-mail AXD3@nrc. gov.

1 FOR FURTHER INFORMATION CONTACT: Dr. Carl Feldman, Office of Nuclear

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Regulatory Resear'ch, U.S. Nuclear Regulatory Comission, Washington, DC 20555, telephone (301)-415-6194, Anthony W. Markley, Office of Nuclear Reactor '

Regulation, U.S. Nuclear Regulatory Comission, Washington, DC 20555, telephone (301)-415-1169, or Bradley W. Jones, Office of the General Counsel, U.S. Nuclear Regulatory Comission, Washington, DC 20555, telephone (301) 415-1628.

SUPPLEMENTARY INFORMATION:

I. Background.

l II. Existing Regulatory Framework and Need for the Amendments.

III. Clarification of the Applicability of 10 CFR Part 50 to Permanently Shutdown Nuclear Power Plants.

IV. Criminal Penalties Provisions.

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l I. Background l

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I When the decommissioning regulations were published and adopted on June )

I 27,1988 (53 FR 24018), it was assumed that the majority of nuclear power reactor licensees would decommission at the end of the operating license.

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Since that time a number of licensees have shut down prematurely without 1

previously having submitted a decommissioning plan. in addition, these I

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licensees have requested exemptions from certain operating requirements I because, without fuel present in the reactor, they are no longer needed. Each of these cases has been handled individually without clearly defined generic requirements. j 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 i

enhance efficiency and uniformity in the decommissioning process for nuclear power reactors. The proposed amendments would allow for greater public participation in the decommissionirs., 9rocess 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. This rulemaking would address the process which begins with a licensee's decision to permanently cease operations at the facility and concludes with the Commission's approval of license termination. These rule revisions would l

l reduce regulatory burden while providing greater flexibility for implementing 4

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decommissioning activities. This would result in resource savings through a l

more efficient and uniform regulatory process.

! The conceptual approach the Commission has chosen divides power reactor decommissioning activities into phases I, II, and III. Phase I commences with the effective date of permannt cessation of operations and deals with those licensee activities that the licensee undertakes before placing the power reactor in a storage mode. Phase' 11 deals _ with licensee activities during the storage period, and Phase III deals with the activities the licensee undertakes to terminate the license. The implementation of this approach comprises the following aspects. During Phase I, certifications would be provided to the NRC that the licensee has permanently ceased operations and permanently removed all fuel from the reactor vessel. At this time, the licensee would be prohibited by regulation from operating the reactor. In addition, many Part 50 requirements are either unnecessary or would require modification to appropriately reflect the non-operating status of the facility. Thus, the proposed rule would also make changes to Part 50 requirements to reflect this changed status of the facility during the decommissioning process. The licensing fee would also be substantially reduced because the license would not meet the definition of an " operating license" as defined in 10 CFR 171.5. Based on these proposed regulatory changes a power reactor licensee would no longer need to obtain a possession only license amendment (POLA) to obtain regulatory relief when permanently shut down, as currently must be done. However, for non-power reactor licensees, a POLA would still be issued.

i Although no major decommissioning activities, as defined in 10 CFR 50.2, would be allowed initially, limited licensee decommissioning trust funds would l

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I be made available for planning purposes and early activities. The remaining j decommissioning funds would be made available after submittal to the NRC of the licensee's detailed decommissioning cost estimate. Before undertaking l major decommissioning activities, the licensee would be required to provide l

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 of decommissioning. The NRC, within a 90 day period, would inform the public of the li<.ensee's intent to decommission, make the PSDAR available for public comment, and hold a public meeting in the vicinity of the site to describe the planned activities and hear additional public comments. The public meeting will normally be held at least 30 days before the 90 day period of tune.

After this 90 day period of time, the licensee could begin major i

decommissioning (i.e., dismantlement) activities unless the NRC interposes an objection, as allowed under the current 10 CFR 50.59, without prior NRC approval. Additional criteria would be added to 5 50.59 specifically pertinent to decommissioning activities. This process will allow closer NRC oversight and better public knowledge of these activities. Further, should the licensee make any significant changes to the PSDAR activities and schedules, which NRC anticipates may occur as a result of such factors as utilization of new decommissioning technology or access to low-level waste facilities, the licensee would be required to give NRC prior notice before implementing those changes. l After an optional period of storage (Phase II), Phase III would be initiated when the licensee's application to terminate the license and license i

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i termination plan were received by the NRC. At this time, a supplemental environmental report would also be required if there were the possibility of significant environmental impacts not previously covered in other i environmental impact statements. The Commission would notice receipt of this information and provide opportunity for a hearing, under subpart L of 10 CFR 2.1201, on the license termination plan.2 Once the licensee had completed implementation of the termination plan and the Commission had verified that the licensee had satisfactorily implemented the termination plan then, as in the existing rule, the Commission would terminate the license.

Any Subpart L hearing for the license termination plan amendment must be completed prior to license termination.

Three aspects of these proposed regulatory changes that can affect both power and non-power reactor facilities are addressed in the proposed rule for purposes of clarification. The first provides that environmental requirements for conditional release situations be explicitly considered (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. The third clarifies that existing technical specifications for reactors that are not authorized to operate will remain effective until removed or modified by license amendment.

l Additionally, an aspect of these proposed regulatory changes that affects non-power reactor facilities is addressed in the proposed rule for purposes of procedural simplification. The requirement in the current rule l

The Subpart L process will be used and the 10 CFR 50 license will be terminated only if spent fuel has been removed from the 10 CFR Part 50 licensed site to another authorized facility.

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that preliminary decommissioning plans be submitted five years prior to permanent shutdown or license expiration has been changed to two years to take t more realistic-account of the planning time periods necessary for non-reactor

' facilities.

- Finally,' also for purposes of procedural simplification, an aspect' of these proposed regulatory changes' that affects both power and non-power reactor facilities is that the approved decommissioning plan for the non-power reactor facilities'or the approved license termination plan for the power reactor facilities be made part of the FSAR. This affords the licensee flexibility in making certain changes to these plans without a formalized amendment process which would otherwise.'e b necessary.

.On August 22,1994 (59 FR 43200), the NRC published a proposed rule on radiological criteria for decommissioning for comment. Section 20.1406(b) of the proposed rule would require that a Site Specific Advisory Board (SSAB) be convened in cases where a licensee proposes to request restricted release of L the site. On December 6-8, 1994, a workshop on this issue was held in Washington, DC. The objective of the workshop was to conduct a discussion among affected interests on the implementation of the SSAB requirement. The

! current rule is not primarily intended to address the comments on the i

radiological criteria rule for decommissioning. However, the staff was  !

cognizant of the comments made in that workshop and the language contained in

!' this proposed rule does address the concern for early public information and participation raised in that forum. The staff will more directly address the workshop comments in the development of the final rule on the radiological l i

. criteria for decommissioning. If finalization of the radiological criteria l rule requires any modifications to the current proposed rule, those I

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i modifications will be made as part of the radiological criteria rule development process.

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 decommissionin'g plan 5 years before permanent cessation of operations, with a site-specific cost estimate, and an adjustment of financial assurance funds.

A detailed decommissioning plan must be submitted to the NRC within two years after permanent cessation of operations. 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 detailed decommissioning plan contains an updated site-specific cost estimate with decommissioning funds i adjusted in an external trust to make up for any shortfall. Currently, prior i

to approval of the decommissioning plan by the Commission, no decommissioning  !

trust funds can be used (although case-specific exceptions have been made).

Finally, aside from the licensee voluntarily informing the public about i

, decommissioning activities, very limited public input or participation is i l  !

formally required in the current rules. However, public meetings and informal '

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l hearings hr.ve been held for plants undergoing decommissioning for case-

! specific situations.

l 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 to perform decommissioning activities provided certain constraints are met. The proposed rule would make the decommissioning process more responsive to current licensing needs and improve the process in the areas of understandability, efficiency, and uniformity.

During the Phase I process, proposed 5 50.82(a) provides that, within two years of permanently ceasing operations, a post-shutdown decommissioning activities report (PSDAR) must be submitted to the NRC. The PSDAR would include a description of the licensee's planned decommissioning activities and a schedule for their accomplishment, an estimate of expected costs, and a discussion addressing whether or not the environmental impacts associated with site-specific decommissioning activities will be bounded by existing environmental impact statements. Upon receipt of the PSDAR, the NRC will announce in the Federal Register receipt of the report, make the PSDAR available for 'public comment, and announce the location and time of a public l i

meeting to be held in the vicinity of the reactor facility site to discuss the j licensee's plans.' Section 50.82(a) further states that after the NRC

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receives certification of permanent removal of the fuel from the reactor '

vessel and 90 days after the NRC receives the PSDAR, the licensee may begin to perform major decommissioning activities if the activities meet the f There is nothing that prevents a licensee from developing and submitting l

the PSDAR and the NRC from holding the public meeting prior to the permanent cessation of operations.

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requirements in 5 50.59. This would generally occur 30 days after the public meeting.

The provisions of 5 50.59 presently allow the licensee to make changes to the facility during operation without express NRC approval if these changes meet the conditions listed in i 50.59, and the licensee prepares and maintains a written safety evaluation that provides the basis for their determination

-that the planned changes meet the criteria specified in the regulation. The NRC inspects these evaluations periodically to ensure that the 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 5 50.59 during decommissioning. The criteria would apply to both power and non-power reactors, although non-power reactor licensees could not perform decommissioning activities as defined in i 50.2 until they had an approved decommissioning plan - as in the current rule. The Commission proposes that in using the 5 50.59 process for post-shutdown activities the licensee must meet the following criteria which provide that the proposed activities must not: (1) foreclose release of the site for possible unrestricted use, (2) significantly increase decommissioning costs, (3) cause any significant I environmental impact not previously reviewed, or (4) violate the terms of the licensee's existing license. To undertake any activity that would not meet these criteria, the licensee must submit a license amendment request, as is currently the requirement under 5 50.59(c).

l The Commission proposes to codify the position embodied in the draft l

L policy statement "Use of Decommissioning Trust Funds Before Decommissioning Plan Approval" (59 FR 5216; February 3,1994) that the licensee should be 11

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! allowed to use decommissioning trust funds subject to certain criteria. The criteria presented in the draft policy statement have been modified in the proposed rule in response to public comments. The Commission recognizes the need for the licensee to provide adequate financial assurance to complete

' decommissioning at any time during operation, up to and including the termination of license, and is proposing criteria, along with criteria that specify when and how much of these trust funds can be used, to ensure that

> licensees mairtain adequate funds to complete decommissioning. In accordance with the current rule, the Commission proposes to retain, under i 50.75(f),

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the requirement for site-specific cost estimates 5 years before and within two l years after the licensee's declaration of permanent cessation of operations.

(For non-power reactors, the Commission proposes to require, under i 50.75(f),

that a preliminary decommissioning plan be submitted 2 years rather than the current 5 years before permanent cessation of operations because this is a more realistic timing requirement for non-power reactors.) Once the NRC has received the licensee's certification of permanent cessation of operations, decommissioning trust funds could be used by the licensee. However, the withdrawal of funds would be subject to the following criteria: (1) The withdrawals are for expenses for legitimate decommissioning activities consistent with the definition of decommissioning in 5 50.2; (2) The expenditure would not reduce the value of the decommissioning trust below an amount necessary to place and maintain the licensees reactor in a safe storage condition if unforeseen conditions or expenses arise and; (3) The withdrawals would not inhibit the ability of the licensee to complete funding of any i shortfalls in the decommissioning trust needed to ensure the availability of funds to ultimately release the site and terminate the license.

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l The proposed rule would permit, under i 50.82(a)(7), that 3 percent of the generic decommissioning cost amount, specified in 5 50.75, could be used by the licensee initially for decommissioning planning and minor decommissioning activities. Following the 90 day waiting period after the NRC ,

I has received the licensee's PSDAR and certification of permanent removal of l fuel from the reactor vessel, an additional 20 percent could be used to )

1 commence major decommissioning activities. Finally, the proposed rule would  !

l require a site-specific cost analysis to be submitted to the NRC prior to the 1 licensee being permitted to use any funding in excess of 23 percent of the generic cost estimate, and, in any case, within 2 years of permanent cessation of operations.

After an optional period of storage (Phase II of the decommissioning process), 5 50.82(a)(8) of the proposed rule would require the licensee to complete decommissioning by submitting an application to terminate the license along with a license termination plan. This would initiate Phase III of the j decommissioning process. This process is similar to the requirements in the current rule for a power reactor licensee that has permanently ceased operations and decides to go into a storage mode. The current rule allows a less detailed decommissioning plan initially, with the more detailed plan i

nearer to the completion of decommissioning because more accurate planning can be accomplished. The termination plan would contain similar elements for j consideration as the current rule requires. In particular, the proposed rule would require that the termination plan contain a site characterization, a i description of remaining dismantlement activities (if any), plans for site remediation, detailed plans for the final radiation survey, a description of the end use of the site (if restricted), an updated site-specific analysis of 13

remaining decommissioning costs, and a supplement to the environmental report, as required by 5 51.53, that dercribes any new information or significant environmental change associated with the licensee's proposed decommissioning activities.

k The NRC would utice receipt of the license termination plan as a license amendment and provide opportunity for a 10 CFR Part 2, Subpart L, hearing, as specified in 5 2.1201(a)(3), if the spent fuel had been removed from the 10 CFR Part 50 licensed site and transferred to an authorized facility.

Otherwise, there would be opportunity for a 10 CFR Part 2, Subpart G, hearing, as provided for in the current rules. The license could not be terminated if fuel were located on the site covered by the 10 CFR Part 50 license. The Subpart L hearing is appropriate for the nature of a permanently shutdown facility where the spent fuel ha. em 'ed from the 10 CFR Part 50 site and transferred to an authori. '

1?> since the defueled site is analogous to materials licensees oni ' typically use Subpart L hearings for license amendments. Appropriate conforming amendments have been proposed for 10 CFR 2.1205 and 50.91 to reflect the application of Subpart L hearings to 10 CFR Part 50 license amendments following removal of the fuel from the 10 CFR Part 50 licensed site and transferred to an authorized facility. Section 50.82(a)(9) woulu specify that the Commission would approve the termination plan and the plan would become part of the FSAR. (Similarly, for non-power reactors, the decommissioning plan would become part of the FSAR or I

equivalent.) As in the current rule, the licensee would then execute the plan and, after this was accomplished and verified by the NRC, the Commission would terminate the license.

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l In order to clear up various ambiguities in the current rule regarding power reactors, definitions of permanent cessation of operations, permanent removal of fuel from the reactor vessel, major decommissioning activity, major radioactive components and certified fuel handler, would be codified in 5 50.2. Because a licensee could choose to undertake major decommissioning activities at the reactor facility 90 days aftar the NRC receives the PSDAR, it is important to define what " major decommissioning activity" means. The definition chosen is, for a nuclear power reactor, any activity that results in permanent removal of major radioactive components, permanently modifies the structure of the containment, or results in dismantling components for shipment containing greater than class C waste. 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, and other large components that are radioactive.

Written communication requirements for licensee permanent cessation of operations and permanent removal of fuel from the reactor vessel would be specified in il 50.4(b)(8) and (9). The licensee would be required to state the date on which operations will cease, or have ceased, in its certification of permanent cessation of operations. The licensee, in its certification regarding permanent removal of fuel from the reactor vessel, would state the date on which the fuel assemblies were removed and their disposition.

Because of previous case-specific requests the NRC has received from licenses for exemptions from operating requirements in recognition of the permanent shutdown of the facility and permanent removal of fuel from the reactor vessel, the Commission has undertaken an analysis to determine the 15

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appropriateness of applying certain 10 CFR Part 50 requirements during the post-shutdown period of the facility. The results of a portion of that study are presented in Section III of this rule, i

This proposed rulemaking primarily addresses power reactor facilities

'because, unlike non-power reactor facilities, a' delay of up to 60 years between the time of permanent cessation of operations and license termination can occur. 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 three aspects of these proposed regulatory changes that can affect both power and non-power reactor facilities. These aspects are addressed in the proposed rule for purposes of clarification. The proposed rule includes requirements for conditional release situations, as discussed in the proposed decommissioning residual radioactivity criteria rule (59 FR -

43200; August, 22,1994). Proposed i 51.53(b) (and correspondingly, under proposed i 51.95 for NRC staff requirements) states that environmental considerations of the decommissioning activities must be explicitly considered during the licensee's request for decommissioning plan or license termination plan approval. Proposed 5 50.51(b) states that a license that has expired is not' terminated until the Commission notifies the licensee in writing that the

! license is terminated. The proposed requirement further states that during any period of continued effectiveness beyond the licensee's stated expiration date, the licensee: (1) Is prohibited from operating the production or utilization facility; (2) Must limit' activities to actions necessary to l

decommission and decontaminate the facility, or actions necessary to maintain the facility, including the storage, control and maintenance of the spent fuel l 16 l

l I

in a safe condition and; (3) Must conduct activities in accordance with all l other restrictions applicable to the facility in NRC regulations and provisions of the specific Part 50 license for the facility. This provision is consistent with NRC requirements for other licensees and avoids any gaps in the licensing of regulated facilities. This same rationale applies to both ,

power and non-power reactors. Accordingly, this clarification would also pertain to non-power reactors. Finally, proposed i 50.36(c)(6) and (e) clarify that for reactors that are not authorized to operate, existing technical specifications will remain effective until removed or modified by license amendment.

III. Clarification of Applicability of 10 CFR Part 50 to Permanently Shutdown Nuclear Power Plants l j

i l

Once a decision has been made to permanently cease operations of a j nuclear power reactor, the proposed rule would require that the licensee must notify the NRC, by certification, that the nuclear power reactor has ceased i operations and that fuel has been permanently removed from the reactor vessel.

Then, by NRC regulation, the licensee's authority to operate the reactor or to maintain or place fuel in the reactor would be removed, as specified in i proposed 5 50.82 (a). This non-operating status would provide a basis to remove regulat'ory requirements that are no longer necessary to protect the public health and safety.

Licensees have historically pursued relief from these requirements by means of obtaining license amendments and exemptions. This process has placed significant resource burdens on both licensees and the Commission. After a 17

l I

nuclear power reactor is permanently shutdown and awaiting or undergoing decommissioning, certain regulations, which are based on power operatics, are no longer necessary. 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 I l the regulations contained in 10 CFR Part 50 to clarify their applicability to l

l permanently shutdown nuclear power reactors.

The following paragraphs discuss technical requirements that have been determined to have limited or no applicability and require clarification or j modification of their applicability to permanently ' shutdown nuclear power reactors. Once the technical review is completed, future rulemaking may be forthcoming to address the applicability of additional technical requirements to non-operating reactors.  !

l l A. Technical Specifications l 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 l l reactor is clearly understood. However, the existing regulation has caused '

l uncertainty as to its applicability to the permanently shutdown and decommissioning phase of a nuclear power reactor. The Commission is proposing I

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 shutdown and decommissioning phase of a i

nuclear reactor. The Commission recognizes that technical specifications pertinent to the operational phase will need to be revised and amended to 18

i reflect plant conditions and safety concerns associated with permanent cessation of operations and permanent removal of the fuel from the reactor vessel. Existing technical specifications will remain effective until removed or modified by license amendment.

1 B. Technical Specifications for Effluents Effluent technical specifications are found in 10 CFR 50.36a and Appendix j l

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 shutdown 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 controlling radiological effluents 1

are also required during the permanently shut down and decommissioning phase of a nuclear power plant.

C. Environmental conditions  ;

Requirements associated with environmental conditions are found in 10 CFR 50.36b. The applicability of 10 CFR 50.36b to the operational phase of a l nuclear power plant is clearly understood. However, the existing regulation has caused uncertainty as to its applicability to the permanently shutdown and ,

decommissioning phase of a nuclear power plant. The Commission is proposing i

to amend 10 CFR 50.36b to clearly indicate that conditions to protect the 19

environment remain a part of the license and are required during the ,

permanently shutdown and decommissioning phase of a nuclear power plant.

l D. Combustible Gas Control The combustible gas control requirements are found in 10 CFR 50.44.

l 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 shutdown power reactor. A nuclear power plant that has permanently ceased operations and permanently removed all of its fuel outside of primary containment no longer presents challenges to the reactor pressure vessel and primary containment from accident-generated combustible gases, and such concerns are no longer an issue. Therefore, the Commission is proposing to amend the requirements in 10 CFR 50.44 to indicate its nonapplicability to this l situation.

E. Emergetcy Core Cooling Systems (ECCS) Acceptance Criteria The acceptance criteria for ECCS for LWRs are found in 10 CFR 50.46 and j in Appendix K. Those regulations require that the ECCS be designed to provide for long term cooling by limiting post LOCA peak cladding temperature, clad ,

. 20

i l

oxidation, and hydrogen generation to specified values. Without fuel in the f vessel, ECCS systems are not required because 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 from the reactor vessel.

l l

l F. Fire Protection Section 50.48 does not address fire protection for power reactor i

facilities that have permanently ceased operations and permanently removed fuel from the reactor vessel. However, the facility still remains radioactively contaminated and may (and most likely will) maintain fuel at the facility. Section 50.48(f) has been added to the proposed amendments to require licensees that have permanently ceased operations and permanently

]

removed fuel from the reactor vessel to maintain a fire protection program. l The proposed rule permits the licensee to make changes to the fire protection program without NRC approval if these changes do not reduce the effectiveness of fire protection for facilities, systems and equipment which could result in l a radiological hazard, taking into account the decommissioning plant j i

conditions and activities.

G. Environmental Qualification The regulations for equipment qualification (EQ) are found in 10 CFR 50.49. The regulations cover that portion of equipment important to safety 21

I l

I commonly referred to as " safety related." Safety related structures, systems, and components (SSCs) are those that are relied upon to remain functional during and following design basis events to ensure: (1) the integrity of the reactor coolant pressure boundary, (2) the capability to shut down the reactor  ;

and maintain it in a safe condition, and (3) the capability to prevent or mitigate the consequences of accidents that could result in potential offsite exposures comparable to the guidelines of in 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 l functions (1) through (3). l l

l 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 electric equipment located in a mild environment. With permanent l

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 be subject to the requirements of 10 CFR Part 50, Appendix J. This appendix requires periodic testing to verify the leak-tight 22

i integrity of the primary containment and those systems and components that penetrate the containment. The primary containment of an operating reactor is one of several fission product barriers designed to protect the public health and safety in the event of a design basis accident such as a LOCA. Once a l nuclear power reactor permanently ceases operations, the fuel is removed from the reactor vessel and placed in the spent fuel pool or an independent spent fuel storage installation (ISFSI). After the fuel has been removed from the reactor vessel, a LOCA can no longer occur. Therefore, leakage testing of the containment is no longer necessary. As a result, the Commission is proposing l to amend 10 CFR 50.54(o) to indicate its nonapplicability to a nuclear power I

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

l l

l 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 proteci. ion are immediately apparent.

These regulations serve to ensure that emergency action decisions j necessary to protect the public health and safety are made by an individual who has both the requisite knowledge and plant experience. The licensed l

senior operatur at an operating nuclear power reactor has the requisite 23

l

l knowledge and experience to evaluate plant conditions and make these judgments.

4 1

The Commission is proposing to amend 10 CFR 50.54(y) to permit a certified fuel handler at nuclear power reactors that have permanently ceased operations and permanently removed fuel from the reactor vessel, subject to the requirements of 5 50.82(a) and consistent with the proposed definition of

" Certified Fuel Handler" specified in 5 50.2, to make these evaluations and l judgments. A nuclear power reactor that has permanently ceased operations and no longer has fuel in the reactor vessel does not require a licensed individual to monitor core conditions. A certified fuel handler at a permanently shutdown and defueled nuclear power reactor undergoing 1 l

i I

decommissioning 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 operational occurrences, j After the fuel has been removed from the reactor vessel, accidents and transients that 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, 24

i i

50.61, and Appendices G and H to indicate their nonapplicability to a nuclear j power reactor facility that has permanently ceased operations and has permanently removed fuel from the reactor vessel.

K. Anticipated Transient Without Scram Requirements Tha purpose of 10 CFR 50.62 is to requiry improvements in the design and operation of LWRs to reduce the likelihood of reactor protection system (RPS) l failure following anticipated operational occurrences. This regulat'on also i requires improvements in the capability to mitigate the consequences of an anticipated transient without scram (ATWS) event.

Although the ATWS event can be a significant contributor to operating plant risk, it is not relevant to nuclear power plants that have permanently ceased operations and have permanently removed fuel from the reactor since the RPS is no longer needed. 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 ant' ,,ermanently removed fuel n the reactor vessel.

L. Monitoring the Effectiveness of Maintenance The applicability of 10 CFR 50.65 to the operational phase of a nuclear power plant is well understood. However, to eliminate any uncertainty as to its applicability to the permanently shutdown and Jecommissioning phase of a nuclear power plant, the Commission is proposing to amend 10 CFR 50.65 to l clearly indicate that the licensee must monitor the performance or condition l

25

( of all structures, systems, and ~ components required during the permanently shutdown and decommissioning phase of a nuclear power plant subject to the l l l requirements of $50.82(a).

l M. Maintenance of Records and the Making of Reports l

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 applicable to licensees that have permanently ceased operations, 1

pursuant to 5 50.82(a)(1).

! IV. Criminal Penalties Provisions I

The existing provisions of 10 CFR 50.82 are treated as nonsubstantive and are not subject to criminal enforcement. Under the Commission's proposed amendments to 10 CFR 50.82, licensees would be required to take certain actions which the Commission believes are essential in initiating the decommissioning process; 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 Sections 161b, 1611, or j l

1610 of the Atomic Energy Act of 1954, as amended. Accordingly, the )

I 26

l Commission is proposing to amend 10 CFR 50.111(b) to remove the exemption for 5 50.82 from the' criminal penalty provisions.

Finding of No Significant Environmental Impact Availability The Commission has determined 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, 4 DC.

Paperwork Reduction Act Statement This proposed rule amends information collection requirements that are l subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) This 27

(

p_

rule has been submitted to the Office of Management and Budget for review and l

l approval of the information collection requirements.

The public reporting burden for this collection of information is l_ estimated to. average 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> per licensee, including the time for reviewing -

instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or-any other aspect of this collection of,information, including suggestions for reducing this burden, to the Information and Records Management Branch (T-6 F33), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and to the Desk Officer, Office of Information and Regulatory Affairs, NE08-10202, (3150-0011), Office of Management and Budget, Washington, DC 20503. l Regulatory Analysis l.

The NRC has prepared a draft regulatory analysis of 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 s' 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 I the ADDRESSES heading.

28

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, l J

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 Small Business Administration (13 U.S.C. Part 121).

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 scope of the backfit provision in 10 CFR 50.109 is limited to construction and operation of reactors. These proposed amendments would only appl) to reactors which have permanently ceased operations and, as such, would not constitute backfits under 10 CFR 50.109.

List of Subjects 10 CFR Part 2 Administrative practice and procedure, Antitrust, Byproduct material, l Classified information, Environmental protection, Nuclear materials, Nuclear l

29

power plants and reactors, Penalty, Sex discrimination, Source material, i

Special_ nuclear material, Waste treatment and disposal. j 10 CFR Part 50 l

)

Antitrust, Classified informatiore, Criminal penalties, Fire protection, Intergovernmental relations, Nuclear power plants and reactors, Radiation. )

protection, Reactor siting criteria, Reporting and recordkeeping requirements.

10 CFR Part 51 Administrative practice and procedure, Environmental impact statement, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping 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. ,

PART 2- RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS

1. The authority citation for part 2 continues to read as follows:

l Authority: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C.

2201, 2231); sec. 191, as amended, Pub. L.87-615, 76 Stat. 409 (42 U.S.C.

2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552.

30

g i i 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,  ;

, 1 l 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. L.97-425 96 Stat. 2213, as '

amended (42 U.S.C.10134(f)); sec.102, Pub. L.91-190, 83 Stat 853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 303, 104, 105, l

l 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134,2135,2233,2239). Section 2.105 also issued under Pub. L.97-415, 96 l

Stat. 2073 (42. U.S.C. 2239). Sections 2.200-2.206 also issued under secs.

161b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2236, 2282); sec. 206, 88 Stat. 1246 (42 U.S.C. 5846). Sections 2.600-2.606 also issued under sec.102, Pub. L.91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 2.764 and l

Table 1A of Appendix C also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under

sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552. Section 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C 553 and sec. 29, Pub. L.85-256, 71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also issued under sec.189, 68 Stat. 955 (42 U.S.C.

, 2239); sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart L l

also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239).. Appendix A also

! issued under sec. 6, Pub. L.91-560, 84 Stat. 1473 (42 U.S.C. 2135). Appendix I

B also issued under Sec. 10, Pub. L. 99 - 240, 99 Stat. 1842 (42 U.S.C. 2021b et, seq.).

i 31 i

t

. 2. In i 2.1201,; paragraph (a)(3) is'added to read as follows:

1 2.1201-- Scope of subpart.

u '

(a) -

(3) The amendment of a Part 50 license following permanent removal of-

-fuel from the site to an authorized facility for licensees that have. ,

i previously made declarations related to permanent. cessation of operations and -

permanent removal of fuel-from the reactor in accordance with 5 50.82(a)(1).

~

-Subpart L hearings for the license termination plan amendment, if conducted,

must be completed prior to license termination.

3 .

3. -In i 2.1205, paragraphs (d) through (n) are redesignated as paragraphs (e) through (o), a new paragraph (c) is added, and paragraph (d) is revised to read as follows:  !

l 5 2.1205 Reauest for a hearina: petition for leave to intervene l

l

• * * *

• l i

(c) For amendments of Part 50 licenses under i 2.1201(a)(3), a notice of I receipt of the application, with. reference to the opportunity for a hearing l under the procedures set forth in this subpart, must be published in the 32

7 l

Federal Register at least 30 days prior to issuance of the requested amendment l

l by the Commission.

(d) A person, other than an applicant, shall file a request for a hearing within--

(1) Thirty (30) days of the agency's publication in the Federal Register of a notice, which must include a reference to the opportunity for a hearing i j

under the procedures set forth in this subpart, referring to either the '

receipt of an application, or the granting of an application, in whole or in I part, requesting a licensing action. With respect to an amendment described in 5 2.1201(a)(3), the Commission, prior to issuance of the requested amendment, will follow the procedures in 5 50.91 and 5 50.92(c) to the extent necessary to make a determination on whether the amendment involves a significant hazards consideration. If the Commission finds there are significant hazards considerations involved in the requested amendment, the ,

i amendment will not be issued until any hearings under this subsection are completed.

1 PART 50- DOMESTIC LICENSING 0F PRODUCTION AND UTILIZATION FACILITIES i

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

Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat.

936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, f

33 m.

2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

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

Section 50.10 also issued under secs. 101, 185, 68 Stat. 936, 955, as amended (42 U.S.C. 2131, 2235); sec. 102 Pub. L.91-190, 83 Stat. 853 (42 U.S.C.

4332). Sections 50.13, 50.54(dd), and 50.103 also issued under sec.108, 68 Stat. 939, as amended (42 U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and Appendix Q also issued under sec.102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 50.91, and 50.92 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234).

Appendix F also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

2. In 5 50.2, the terms " Certified fuel handler," " Major decommissioning activity," " Major radioactive components," " Permanent cessation of operations," and " Permanent fuel removal" are added to read as ,

follows:

)

6 50.2 Definitions.

l 34

I l

l l Certified fuel handler means, for a nuclear power reactor, a non-licensed operator who has qualified in accordance with a fuel handler training program approved by the Commission.

I Major decomm' .sioning activity means, for a nuclear power reactor, any _

l activity that results in permanent removal of major radioactive components, permanently modifies the structure of the containment, or results in dismantling components for shipment containing greater than class C waste in I l

accordance with 5 61.55 of this chapter. 2 i

l Major radioactive components means, for a nuclear power reactor, the l reactor vessel and internals, steam generators, pressurizers, large bore j reactor coolant system piping, and other large components that are  !

radioactive.  ;

L i

l l * * * *

• l Permanent cessation of operation (s) 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 (s), or a final legally effective order to permanently cease operation (s) has come into effect.

35

i I

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

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

5 50.4 Written communications.

(b)

(8) Certification of Permanent Cessation of Operations. The licensee's certification of permanent cessation of operations, pursuant to 5 50.82(a)(1),

must state the date on which operations have ceased or will cease, and the i

signed and notarized original must be submitted to: The Nuclear Regulatory Commission, Document Control Desk, Washington, DC 20555.

(9) Certification of Permanent Fuel Removal. The licensee's certification of permanent fuel removal, pursuant to i 50.82(a)(1), must state the date on which the fuel was removed from the reactor vessel and the disposition of the fuel, and the signed and notarized original must be 36 h

submitted to: The Nuclear Regulatory Commission, Document Control Desk, Washington, DC 20555.

4. In 5 50.36, paragraphs (c)(6) and (c)(7) are redesignated as (c)(7) and (c)(8) and new paragraphs (c)(6) and (e) are added to read as follows: l 1

1 l

I E 50.36 Technical spec..ications.

1 (c) l l

(6) Decommissionina. This paragraph applies only to nuclear power reactors that have submitted the certifications required by 5 50.82(a)(1) and to non-power reactors which are not authorized to operate. 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-ca:e basis.

i (e) The provisions of this section apply to each nuclear reactor i licensee whose authority to operate the reactor has been removed by license l

amendment, order, or regulation.

37

l l

1

5. Section 50.36a is revised to read as follows:

5 50.36a Technical specifications on effluents from nuclear power reactors.

i (a) In order to keep releases of radioactive materials to unrestricted i

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 I applicable provisions of 5 20.1301 of this chapter, require that:

(1) Operating procedures developed pursuant to 5 50.34a(c) for the control of effluents be established and followed and that equipment installed l in the radioactive waste system, pursuant to 5 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 rev'ision of the procedures for three years from the date it was superseded.

(2) Each licensee shall submit a report to the Commission annually that specifies the quantity of each of the principal radionuclides released to unrestricted areas in liquid and in gaseous effluents during the previous 12 months, including any other information as may be required by the Commission to estimate maximum potential annual radiation doses to the public resulting from effluent releases. The report must be submitted as specified in 5 50.4, and the time between submission of the reports must be no longer than 12 months. If quantities of radioactive materials released during the reporting period are significantly above design objectives, the report must cover this specifically. On the basis of these reports and any additional information 38

L months, including any other information as may be required by the Comission to estimate maximum potential annual radiation doses to the public resulting l

from effluent releases. The report must be submitted as specified in i 50.4, l

and the time between submission of the reports must be no longer than 12 months. If quantities of radioactive materials released during the reporting period are significantly above design objectives, the report must cover this specifically. On the basis of these reports and any additional information the Comission may obtain from the licensee or others, the Comission may require the licensee to take action as the Comission 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 that compliance with the technical specifications described in this section will keep average annual releases of radioactive material in effluents and their resultant comitted 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 operation, compatible with considerations of health and safety, to assure that the public is provided a dependable source of power even under unusual conditions which may temporarily result in releases higher than such small percentages, but still within the limits specified in 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 reasonably achievable. The guides set out in appendix I provide numerical guidance on limiting conditions for operation for light-water cooled nuclear 39 i

~

l L

l Each license authorizing operation of a production or utilization l ,

facility, and reactor facility licenses for which the certification of permanent cessation of operations required under i 50.82(a)(1) has been l l submitted, which is of a type described in 5 50.21(b)(2) or (3) or 5 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 l 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. -

l

7. In 5 50.44, the introductory text of paragraph (a) is revised to read as follows:

( l 50.44 Standards for combustible cas control system in light-water-cooled power reactors.

l (a) Each boiling or pressurized light-water nuclear power reactor fueled with oxide pellets within cylindrical zircaloy or ZIRLO cladding, other than reactor facility licenses for which the certifications required under i 50.82(a)(1).have been submitted, must, as provided in paragraphs (b) through 40

(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 5 50.46, paragraph (a)(1)(i) is revised to read as follows:

1 50.46 Acceptance criteria for emergency core coolina systems for liaht water nuclear power reactors.

(a)(1)(i) Each boiling or pressurized light-water nuclear power reactor fueled with uranium oxide pellets within cylindrical zircaloy or ZIRLO cladding, other than reactor facilities for which the certifications required under i 50.82(a)(1) have been submitted, 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 fcrth 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 l that the analytical technique realistically describes the behavior of the l

l reactor system during a loss-of-coolant accident. Comparisons to applicable experimental data must be made and uncertainties in the analysis method and 41 I

L

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

9. In 5 50.48, paragraph (f) is added to read as follows:

5 50.48 Fire protection.

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

(1) The objectives of the fire protection program are to:

(i) Reasonably prevent such fires from occurring; (ii) Rapidly detect, control, and extinguish those fires which do occur and which could result in a radiological hazard; and (iii) Erisure that the risk of fire-induced radiological hazards to the public, environment and plant personnel is minimized.

42

i l

(2) The fire protection program must be assessed by the licensee on a

! regular basis and revised as appropriate throughout the various stages of j facility decommissioning.

1 (3) The licensee may make changes to the fire protection program without NRC approval if these changes do not reduce the effectiveness of fire protection for facilities, systems and equipment which could result in a radiological hazard, taking into account the decommissioning plant conditions l and activities.

10. In 5 50.49, paragraph (a) is revised to read as follows:

5 50.49 Environmental cualification of electric eauipment important to safety ,

for nuclear power plants.

l (a) Each holder of or an applicant for a license for a nuclear power plant, other than reactor facility licensees that have submf ued the certifications required under 5 50.82(a)(1), shall establisn program for l qualifying the electric equipment defined in paragraph (b) of this section.

l l 11. In 5 50.51, the Section heading is changed, the existing paragraph l

1s designated paragraph (a), and paragraph (b) is added to read as follows:

4 43 l

i 50.51 Continuation of license.

5 (b) Each license will continue in effect beyond the expiration date, if riecessary, with respect to possession of the production or utilization facility, until the Commission notifies the licensee in writing that the license is terminated. During an" period of continued effectiveness of a license beyond the license's stated expiration date, except for a license which is in timely renewal status under i 2.109 of titis chapter, the licensee is prohibited from operating the production or' utilization faciMty and shall-(1) Take actions necessary to decommission and decontaminate the facility and continee to maintain the facility, including the storage, control and maintenance of the spent fuel, in a safe condition, and (2) Conduct activities in accordance with all other restrictions applicable to the facility in accordance with the NRC regulations and the provisions of the specific Part 50 license for the facility.

12. In 5 50.54, paragraphs (o) and (y) are revised to read as follows:

1 50.54 Conditions of licenses.

44

i l

l l

(o) Primary reactor containments for water cooled power reactors, other than reactor facilities for which the certifications required under 5 50.82(a)(1) have been submitted, shall be subject to the requirements set forth in Appendix J to this part.

l l

(y) Licensee action permitted by paragraph (x) of this section shall be l

l approved, as a minimum, by a licensed senior operator, or, at a nuclear power reactor for which the certifications required under 5 50.82(a)(1) have been submitted, by either a licensed senior operator or a certified fuel handler, prior to taking the action.

i l

t

13. In 5 50.59, paragraphs (d), (e), and (f) are added to read as follows:

5 50.59 Changes tests and experiments.

1 (d) All the provisions of this section shall apply to each nuclear power reactor licensee that has submitted the certification of permanent cessation of operations required under i 50.82(a)(1).

45

L l

(e) A nuclear power reactor licensee that has submitted the

[ certification of permanent cessation of operations required under 5 50.82(a)(1) may conduct activities with regard to the facility, subject to the limitations described in paragraph (a) of this section, provided the I

changes would not:

l (1) Foreclose the release of the site for possible unrestricted use, '

(2) Significantly increase decommissioning costs, (3) Cause any significant environmental impact not previously reviewed, or )

(4) Violate the terms of the licensee's existing license.

For changes not meeting any of the criteria in this paragraph c-parsgraph (a) of this section, the licensee shall submit an application _ for amendment pursuant to 5 50.90.

i (f) The provisions of paragraphs (a) through (c) of this section apply to each non-power reactor licensee whose license no longer authorizes l operation of the reactor.

14. In i 50.E0, paragraph (a) is revised to read as follows:

l 50.60 Acceptance criteria for fracture prevention measures for licht-water i

nuclear power reactors for normal operation.  ;

I l

l (a). Except as provided in paragraph (b) of this section, all light water l 1

nuclear power reactors, other than reactor facilities for which the certifications required under i o0.82(a)(1) have been submitted, must meet the fracture toughness and material surveillance program requirements for the 46 i

l

l l

reactor coolant pressure boundary set forth in Appendices G and H to this part.

15. In 5 50.61, paragraph (b)(1) is revised to read as follows:

1 50.61 Fracture toughness requirements for protection against pressurized thermal shock eveats.

l (b) Requirements.

l (1) For each pressurized water nuclear power reactor for which an operating license has been issued, other than reactor facilities for which the certifications required under i 50.82(a)(1) have been submitted, the licensee l 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 ov rating license has been requested, and the projected expiration date of a .enewal term if a j request for license renewal has been submitted. The assessment must use the

{

l calculative procedures given in paragraph (b)(2) of this section. The 1

assessment must specify the bases for the projection, including the assumptiens regarding core loading patterns. The submittal must list the copper and nickel contents, and the fluency values used in the calculation for each beltline material. If these quantities differ from those submitted in 47

)

I response to the original PTS rule and accepted by the NRC, justification must be provided. If the value of RT,1, for any material in the beltline is l 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 l license renewal has been submitted, this assessment must have been submitted by December 16, 1991. Otherwise, this assessment must be submitted with the l next update of the pressure-temperature limits, or the next reactor vessel raterial surveillance report, or 5 years from the effective date of this rule, whichever comes first. These submittals must be updated whenever there is a significant change in projected values of RT,,,, or upon a request for a change in the expiration date for operation of the facility.

16. In 5 50.62, paragraph (a) is revised to read as follows:

1 5 50.62 Reauirements for reduction of risk from anticipated transients without scram (ATWS) events for light-water-cooled nuclear power olants.

(a) Applicability. The requirements of this section apply to all commercial light-water-cooled nuclear power plants, other than reactor facilities for which the certifications required under 5 50.82(a)(1) have been  !

submitted.

l l

t

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

48 l

l l

I r

i 50.65 Reauirements for monitorina the effectiveness of maintenance at i

nuclear power plants. l l

, I (a)(1) Each holder of a license to operate a nuclear power plant under il 50.21(b) or 50.22 shall monitor the performance or condition of structu'res, 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. For i i

a nuclear power plant for which the licensee has submitted the certifications I

specified in 5 50.82(a)(1), this section shall apply to the extent that the licensee shall monitor the performance or condition of all structures, systend, or components associated with the storage, control, and maintenance ,

of Spent fuel in a safe condition, in a manner sufficient to provide I 1

retsonable ass,ura1ce that such structures, systems, and components are capable i l of fulfilling their intended functions.

l

18. In i 50.71, paragraph (f) is added to read as follows: '

l l

I 5 50.71 Maintenance of records. makina of reports.

49

i l

-(f) The provisions of this section'shall apply to nuclear power reactor l licenses for which the certification of permanent cessation of operations l

required under i 50.82(a)(1) has been submitted. The provisions of this  ;

section shall also apply to non-power reactor licenses that are no longer authorized to operate. ,

19. In 5 50.75, paragraph (f) is revised to read as follows:

l 5 50.75 Reporting and recordkeeping for decommissioning planning.

• * * *

• l l

(f)(1) Each power reactor licensee shall at or about 5 years prior to  ;

the projected end of operations submit a preliminary decommissioning cost estimate which includes an up-to-date assessment of the major factors that i could affect the cost to decommission.

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

be considered in submitting this information include--

(i) The decommissioning alternative anticipated to be used. The requirements of 5 50.82(b)(4)(i) must be considered at this time; 50

r ,

I

( (ii) Major technical actions necessary to carry out decommissioning l 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 l

planning and cost.

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

I

20. Section 50.82 is revised to read as follows:

5 50.82 Termination of license.

The following provisions apply to licensees who do not have an NRC approved decommissioning plan on the effective date of this rule and may be j used, at the licensee's option, by licensees who possess an NRC approved ,

i decommissioning plan on the effective date of this rule. l (a) For power reactor licensees--

(1)(i) When a licensee has determined to permanently cease operations

, the licensee shall, within 30 days, submit a written certification to the NRC, l

I consistent with the requirements of i 50.4(b)(8) and; 51

l (ii) Once fuel has been permanently removed from the reactor vessel, submit a written certification to the NRC, consistent with the requirements of .

! 1 l

5 50.4(b)(9).

l- (2) Upon docketing of the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel, or when a

! final legally effective order to permanently cease operations has come into j l

effect, the Part 50 license no longer authorizes operation of the reactor or l i

L emplacement of fuel into the reactor vessel.

(3) Decommissioning will be completed within 60 years of permanent cessation of operations. Completion of decommissioning beyond 60 years will !

be approved by the Commission only when necessary to protect public health and l

safety. Factors that will be considered in evaluating an alternative which '

i provides for completion of decommissioning beyond 60 years of permanent cessation of operations include unavailability of waste disposal capacity and other site-specific factors affecting the licensee's capability to carry out decommissioning, including presence of other nuclear facilities at the site. )

(4)(1) Prior to or within two years following permanent cessation of operations, the licensee shall submit a post-shutdown decommissioning 1

activities report (PSDAR) which shall include a descript' >n of the planned decommissioning activities along with a schedule for their accomplishment, an estimate of expected costs, and a discussion as to whether the environmental l

l impacts associated with site-specific decommissioning activities will be bounded by appropriate previously issued environmental impact statements.

(ii) The NRC shall notice receipt of the PSDAR and make the PSDAR available for public comment. The NRC shall also schedule a public meeting in the vicinity of the licensee's facility upon receipt of the PSDAR. The NRC 52

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 purpose of the meeting.

l l (5) Licensees may not perform any major decommissioning activities, as L

defined in i 50.2, until 90 days after the NRC has received the licensee's l -PSDAR submittal and certifications of permanent cessation of operations and permanent removal of fuel from the reactor vessel, as required under 5 50.82(a)(1).

(6) In taking actions permitted under 5 50.59 following submittal of the '

PSDAR, the licensee shall notify the NRC, in writing, before performing any decommissioning activity inconsistent with, or making any significant schedule change-from, those actions and schedules described in the PSDAR.

(7)(1) Decommissioning trust funds may be used by licensees provided:

(A) The withdrawals are for expenses for legitimate decommissioning activities consistent with the definition of decommissioning in 5 50.2; (B) The expenditure would not reduce the value of the decommissioning j trust below an amount necessary to place and maintain the reactor in a safe storage condition if unforeseen conditions or expenses arise and; (C) The withdrawals would not inhibit the ability of the licensee to complete funding of any shortfalls in the decommissioning trust needed to ensure the availability of funds to ultimately release the site and terminate the. license.

(ii) Initially, 3 percent of the generic amount specified in 5 50.75 may l be used'for decommissioning planning. For licensees that have submitted the certifications required under i 50.82(a)(1) and commencing 90 days after the j i

j 53 1

NRC has' received the PSDAR,- an additional 20 percent may be used. A site-f specific-decommissioning _ cost estimate must be' submitted to the NRC-prior to the licensee being. permitted to use any funding in excess of these amounts.

(iii) Within two years following permanent cessation of operations, if not already submitted, the licensee shall submit a site-specific decommissioning cost estimate.

(iv)- For decommissioning activities that delay completion of l decommissioning by including a period of storage or surveillance, the licensee shall provide a means of adjusting cost estimates and associated funding levels over the storage or surveillance period.

-(8) For licensees that have submitted a certification in accordance with

.5 50.82(a)(1), the application for termination of license must be accompanied or preceded by a license termination plan to be submitted for NRC approval. j (i) The. license termination plan must be a supplement to the FSAR or equivalent and must be submitted at least two years prior to the termination j of license date.

(ii) The license termination plan must include--

.(A) A site characterization; (B) A description of remaining dismantlement activities; 1

(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 m costs; and j i

i L 54 i

(G) A supplement to the environmental report, pursuant to 5 51.53, describing any new information or significant environmental change associated I with the licensee's proposed termination activities.

)

i (9) If the license termination plan demonstrates that the remainder of l i

l decommissioning activities will be performed in accordance with the l i

regulations in this chapter and will not be inimical to the common defense and i security or to the health and safety of the public, and after notice to 4

interested persons, the Commission will approve the plan, by amendment, subject to such conditions and limitations as it deems appropriate and  !

necessary and authorize implementation of the license termination plan.  !

(10) The Commission will terminate the license if it determines that-(i) The remaining dismantlement has been performed in accordance with ,

the approved license termination plan, and (ii) The terminal radiation survey and associated documentation demonstrates that the facility and site are suitable for release.

(b) For non-power reactor licensees--

(1) A licensee that permanently ceases operations 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 a license must be l

accompanied or preceded by a proposed decommissioning plan. The contents of the decommissioning plan are specified in paragraph (b)(4) of this section.

l (2) For decommissioning plans in which the major dismantlement activities are delayed by first placing the facility in storage, planning for these delayed activities may be less detailed. Updated detailed plans must be submitted and approved prior to the start of these activities.

55

[

l l (3) For decommissioning plans that delay completion of decommissioning by including a period of storage or surveillance, the licensee shall provide that---

(i) Funds needed to complete decommissioning be placed into an account l segregated from the licensee's assets and outside the licensee's l

administrative control during the storage or surveillance reriod, or a surety '

method or fund statement of intent be maintained in accordance with the criteria of 5 50.75(e), and (ii) Means be included for adjusting cost estimates and associated funding levels over the storage or surveillance period.

-(4) The proposed decommissioning plan 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 i

capacity and other site specific factors affecting the licensee's capability to carry out decommissioning, including presence of other nuclear facilities at the site.

(ii) A d'escription 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 j decommissioning, comparison of that estima'c with present funds set aside for l

56

p l-decomissioning, and plan for assuring the availability of adequate funds for completion of decomissioning; and (v) A description of technical specifications, quality assurance provisions and physical; security plan provisions in place during decomissioning.

(5) If the decomissioning plan demonstrates that the decommissioning E 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, by amendment, the plan subject to.such conditions and limitations as l it deems appropriate and necessary. The approved decommissioning plan will be a supplement to the Safety Analysis report or equivalent.

(6) The Comission will terminate the license if it determines that-(i) The decommissioning has been performed in accordance with-the approved decommissioning plan, and (ii) The terminal radiation survey and associated documentation demonstrates that the facility and site are suitable for release.

(c) For a facility that has permanently ceased operation before the expiration of its license, the collection period for any shortfall of funds will be determined, upon application by the licensee, on a case-by-case basis taking into account the specific financial situation of each licensee.

21. In i 50.91, the introductory text is revised to read as follows:

5 50.91 Notice for public comment: State consultation.

57

i  ;

i

! The Commission will use the following procedures for an application  !

requesting an amendment to an operating license for a facility licensed under 5 50.21(b) or 5 50.22 or for a testing facility, except for amendments subject to hearings governed by 55 2.1201-2.1263 of this chapter. For amendments I subject to il 2.1201-2.1263 of this chapter, the following procedures will apply only to the extent specifically referenced in i 2.1205(c) and (d) of '

this chapter:

i l

22. In i 50.111, paragraph (b) is revised to read as follows:

i i 50.111 Criminal penalties.

i (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), Section (IV)(C), the introductory text of Section (V)(B), and (V)(B)(2) to read as follows:

I 58 1

4

Appendix I - Numerical Guides for Design Objectives and Limitina Conditions  !

of Operation to Meet the Criterion "As low As Is Reasonabl_y Achievable" for Radioactive Material in Licht-Water-Cooled Nuclear Power Reactor Effluents.

1 SECTION 1. Introduction. Section 50.34a provides that an application for ,

! i 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 i radioactive materials in gaseous and liquid effluents produced during normal conditions, including expected occurrences. In the case of an application filed on or after January 2,1971, the application must also identify the design objectives, and the means to be employed, for keeping levels of radioactive material in effluents to unrestricted areas as low as practicable.

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

SEC. IV. Guides on technical specifications for limiting conditions for operation for light-water-cooled nuclear power reactors licensed under 10 CFR Part 50. The guides on limiting conditions for operation for light-water-cooled nuclear power reactors set forth below may be used by an applicant for a license to operate a light-water-cooled nuclear power reactor or a licensee who has submitted a certification of permanent cessation of operations under

! l 50.82(a)(1) as guidance in developing technical specifications under 59

i 50.36a(a) to keep levels of radioactive materials in effluents to unrestricted areas as low as is reasonably achievable.

Through the use of the guides set forth in this Section it is expected that the annual release of radioactive material in effluents from light-water-cooled nuclear power reactors can generally be maintained within the levels setforthasnumericalguidesfErdesignobjectivesinSectionII. q At the same time, the licensee is permitted the flexibility of operations, compatible with considerations of health and safety, to assure that the publfc is provided a dependable source of power even under unusual conditions-which may temporarily result in releases higher than numerical guides for design objectives but still within levels that assure that the average population exposure is equivalent to small fractions of doses from natural background radiation. It is expected that in using this operational l

flexibility under unusual conditions, the licensee will exert his best efferts to keep levels of radioactive material in effluents within the numerical guides for design objectives.

l 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 l

. 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 60 L

r reactor or a license whose holder has submitted a certification of permanent i cessation of operations under i 50.82(a)(1).

l l * * * *

• PART 51- ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS l

25. The authority citation for part 51 continues to read as follows:

l Authority: Sec. 161, 68 Stat. 948, as amended Sec. 1701, 106 Stat.

2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842).

l * * * * *

26. In 5 51.53, paragraph (b) is revised to read as follows:

i 5 51.53 Supplement to environmental report.

l (b) Post Operating License Stage. Each applicant for a license amendment authorizing decommissioning activities either for unrestricted release or based on continuing use restrictions applicable to the site; and each applicant for a license amendment approving a license termination plan 1 61 i I

1 i

f under i 50.82 of this chapter either for unrestricted release or based on i

j 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 l

after expiration of. the operating license for the nuclear power shall submit ,

4 with its application the number of copies, as specified in 5 51.55, of a separate document, entitled " Supplement to Applicant's Environmental Report--

Post Operating License Stage," which will update " Applicants Environmental I Report--Operating License Stage," as appropriate, to reflect any new information or significant environmental change associated with the applicants proposed decommissioning activities or with the applicants proposed activities with respect to the planned storage of spent fuel. Unless otherwise required by the Commission, in accordance with the generic determination in 5 51.23(a) and the provisions in 5 51.23(b), the applicant shall only address the environmental impact of spent fuel storage for the term of the license applied for. The " Supplement to Applicant's Environmental Report--Post Operating License Stage" may incorporate by reference any information contained in

" Applicant's Environmental Report--Construction Permit Stage," " Supplement to l

Applicant's Environmental Report--Operating License Stage," final j environmental impact statement, supplement to final environmental statement of records of decision previously prepared in connection with the construction permit of the operating license. l 1

i i 27. In 5 51.95, paragraph (b) is revised to read as follows:

62

1 51.95 Supplement to final environmental impact statement.

(b) Post Operating License Stage. In connection with the amendment of an operating license authorizing decommissioning activities at a production or utilization facility covered by 5 51.20, either for unrestricted use or based on continuing use restrictions applicable to the site, on with the issuance, I amendment or renewal of a license to store spent fuel at a nuclear power reactor after expiration of the operating license for the nuclear power reactor, the NRC staff will prepare a supplemental environmental impact statement for the post operating license stage or an environmental assessment, as appropriate, which will update the prior environmental review. The supplement or assessment may incorporate by reference any information contained in the final environmental impact statement, the supplement to the final environmental impact statement--operating license stage, or in the records of decision prepared in connection with the construction permit or the operating license for that facility. The supplement will include a request for comments as provided in 5 51.73. Unless otherwise required by the Commission, in accordance with the generic determination in 5 51.23(a) and the provisions of 5 51.23(b), a supplemental environmental impact statement for l

l 63

h i

! the post operating license stage or an environmental assessment, as

~

appropriate, will address the environmental impacts of spent fuel storage only l for the term of the license, license amendment or license renewal applied for.

I Dated at Rockville, Maryland, this day of 1995.

For the Nuclear Regulatory Commission.

John.C. Hoyle, Secretary of the Commission.

6 64

miu '- I ATTACHMENT 2 COMPARIS0N OF CURRENT RULE TO PROPOSED RULE

Savis e c(

l Comparison of the Current Rule to the Proposed Rule This. attachment provides redline / strikeout text indicating proposed changes to

! existing sections of the current regulations.

I 2.1201 Scope of suboart.

l (a)

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udicenteitetgligh 6 2.1205 Reauest for a hearina: oetition for leave to intervene

~

(c) F6"r~iiie~iidni~eitT6f ~PWt"50'T1EEEsei7didiFT2:1201'(4)'(3)'T~i~5Eoti'Ei'if Esseipt'of'the appilcation', with reference to the' opportunity for a heafing under the procedures set forth<in this subpart, must' be publishedrin the federal ,

Register at j

~.mmi Co.--- s.sion d ,l ea s,t 30 days lpri or_toli s suance, of;t he,, reques,ted ; amend within-(1) days of the agen ublication in the Federal Register of a noticeThiishic rty,h(30)it"'islideT su refe,cy's risep' ti"thi spp6ftiinity fir"i~heiH nd bnder ths"sr,i dres' set forth in this subpart, referring'to either the'recsipt off an, app' requesting,,a id..fon, Dor' the granting of ,an app'lication$~'in, 1jcensing_actionpdferriE;'t'd Tr rd1';tiig whole >or ,in/ part!

lii'T;i;iliEitl'cii'dr th:'

licen:ing ::tian r:que:ted by :: :pplic:ti:n, which :::t include : referent: to th: :pp;rtunit" f:r : he:rin und:r the precedure: ::t forth in thi: ::Sp;rt; With~resisict"to~'sWa~mehdment"[dessri6ed^1n l~2:1201(ti)(3)~,7th'e'Cbsiii's'sibiF priot to issuance of the requested , amendment,';will, follow the procedures;in' 5 50.91

?nd i 50.92(c) to the extent necess'ary te make,a determination on whether thd amendment, involves a'significant hazards consideration. If the Commission'fi'nds there are significant hazards considerations involved in the requested amendment?

,the amendmentEwill not,be, issued untjl,any hearings;under this; subsection are ggsphtgdj i 50.2 Definitions.

r:l~ "gg[f[EdTygs1rJTga jpp'iiiiiiiRfbH3Effi?3i'6EEETfilif6;rTIMiiETIEshifE'd pperatortwholhas qualifted 6pfja i

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i l l

pihiisHs5'tlyTEidt fliiff6sTitisitsfi!6Cthi?EshfsIHis6tF6EYsis1'ti ThiafiisihtMy foRshipmentit6mpsnentig Estiss3fsthisAsphEs)pging@istMthadMiss;CisitiHnsbjfdsicilijg

~ Na'isr~ Fadiasethe~~c'esnoserstI"miini, ' f6r'^'a~'nscisar' power'~'reactoF; ' th's Fesitor vessel and internals, steam generators,,pressurizers;'large bore reactor pool ant system pi ping , Land other ,l arge components _that, arel rad i oactj ve.. '"~ ~~ '"

s Pihisnsnf'e s'siat fo~n ~"o f ~~dosFit'i sis ~'Eah sT 'foFl~a ~ du~ci siF' p6wsF7sistir ,"' s Eeftification 1y a licensee to, the NRC, that it' has pernanently ceased or will

~

p permanint1 L {ceastyperatlon has_comejetoleffect.3' ermanently cease reactor, u

^

PiiFiaWiht fuil'" Fem 69a1 ~mish,"'f6F"i~

s nscliar~ p6EeFVeidtif,M EbEt'i'f1Eitish lif th"e . icensee to the NRC mthat itf has permanently, removed .all, fuel _ assemblies from- the reactph vessel..

I 50.4 Written Communications.

(b) *

(8)?C" eft fi~c'atfo^n"uf PifmiRe'st'"Csisatisn ~of 06EFitio6sl~~Thi llEin'sisfi Eartification o d permanent cessation'of operations', pursuant to i 50.82(a)(1)!

must state the date'on which operations'have ceased or will' cease, and the signed and notarized original must be submitted to: The' Nuclear Regulatory Commission!

Document Control Desk, Washington, DC 20555,

'~

(9) Certification of Permanent Fuel Rem 6 val.'"Thflice'nsei'5"ciFtificatibs 6f permanent, fuel removal, aursuant to i 50.82(a)(1), must state the date on which:the fuel was removed from the reactor vessel and the disposition of the fuel, and the signed and notarized original must be submitted to:, The Nuclear Regulatory, Commission,_ Document Control Desk, Washington,, DC '20555l' ' ^~ "^""~

l 50.36 Technical specifications.

TEf(6)MDsEdiiilfiif6KTH6T&TEliTpiFijFipQippMis fiiEf6rs sthaft haves submi tted ethifeiFt i fiEati o65%redsi^re!6hly@IIf6TEUE dsby 50i82' tonhospoWedriantdFiijkhi dh9fiFMhsfMa0thinitid sf61lj[6peratAE Tsthnicet in(a)ll)iind spedifibatidhdhv61Vihgiiifstyylisits l;1mitihgfiifstygsystsniidfihss@ind

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ITsihiee)$hoselasthbr'ityktofepsfittstheTreactonshiillbfihTE smdiedjifbMThuijiF6FistBdiT j$gdesngipfdsf@}jjguldjnf~~~^"~~ ~ ~~~ ~~ 'y~~"~~y~%11Eihsd ~ " ~~~~

l 50.36a Technical specifications on effluents from nuclear power reactors.

(a) In order to keep releases of radioactive materials to unrestricted 2

areas during normal r=:ter :p ati=: EUId tT6si, including expected occurrences, as low as' reasonably achievable, ~iaEh{"TEensee of a nuclear pow l reactor will include technical specifications that, in addition to requiring compliance with applicable provisions of 6 20.1301 of this chapter, require that:

i (1) Operating procedures developed pursuant to i50.34a(c) for the

control of effluents be established and followed and that equipment installed in l the radioactive waste system, pursuant to i 50.34(a), be maintained and used.

The licensee shall retain the operating procedures in effect as a record until the Comission terminates the license and shall retain each superseded revision l of the procedures for three years from the date it was superseded.

l (2) Each licensee shall submit a report to the Commission annually that specifies the quantity of each of the principal radionuclides released to unrestricted areas in liquid and in gaseous effluents during the previous 12 months, including any other information as may be required by the Commission to estimate maximum potential annual radiation doses to the public resulting from {

effluent releases. The report must be submitted as specified in 5 50.4, and the time between submission of the reports must be no longer than 12 months. If quantities of radioactive materials released during the reporting period are significantly above design objectives, the report must cover this specifically.

On the basis of these reports and any additional information the 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 l nuclear power reactors . indicates that compliance with the technical specifications described in this section will keep average annual releases of l 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 operation, compatible with considerations of health and safety, to assure that the public is provided a dependable source of power even under unusual conditions which may temporarily result in releases higher than such small percentages, but still within the limits specified in 1 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 1 set out in appendix I provide numerical guidance on limiting conditions for i operation for light-water cooled nuclear power reactors to meet the requirement l that radioactive materials in effluents released to unrestricted areas be kept as low as is reasonably achievable.

1 50.36b Environmental conditions.

l Each license authorizing operation of a production or utilization facility IndifEssf6MEMlllMIEEhfiilfoEshTEhlthildehi fRitM5I6MihiiENE5tTEE53Atl os, ed l whTEK~is of a 6fl5k6ta{i6hsafepif'50.jsnds@'(2)i(0]p(2(s)l(1)s$"hisybejnp6bmitt50"22 type descritiid in i 21(6) or 3) or or is a" tes j include conditions to protect the environment to be set out in an attachment to i

the license which is incorporated in and made a part of the license. These i

conditions will be derived from information contaf d in the environmental report and the supplement to the environmental report suumitted 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.

i l

1 l

i t

i 4

l l 6 50.44 Standards for combustible aas control system in liaht-water-coolgd l Dower reactors.

l

! (a) Each boiling or pressurized light-water nuclear power reactor fueled

! with oxide )ellets within cylindrical zirca or ZIRLO cladding 6thii$thiH FisEf6EffsitlifyillissiiiWo6Wi

~

' ills 6fiFiiijdiiridIun,_dW T l

F50182(h)i(s Td)~~if"th )se~Efl667~~'inEllide~~isiins for control of t

generated, following a postulated loss-of-coolant accident (LOCA) by---

5 50.46 Ascentance criteria for emeraency core coolina systems for liaht water nuclear oower reactors.

(a)(1)(i) Each boiling or pressurized light-water nuclear power reactor i

fueled with uraniur v.ide pellets within c lindrical zircaloy or ZIRL0 cladding

! EthiiEthin~fe^ict6N fisil ityllTEisiii?f6E l

fiS0182(a81)M'(avehbesnhssbeittid!

co6Tihi^ system ECCS)~^~thit"~mdit~be designed so that its calculated 'miii cooling bi^'jF6I/idid'with"~as~iinergency 16hithiTipt e6Fi performance following postulated loss-of-coolant accidents conforms to the l criteria set forth in paragraph (b) of this section. ECCS cooling performance l must be calculated in accordance with an acceptable evaluation model and must be l 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 i provided in parsgraph (a)(1)(ii) of this section, the evaluation model must l include sufficient supporting justification to show that the analytical technique I realistically describes the behavior of the reactor system during a loss-of-

! coolant accident. Comparisons to applicable experimental data must be made and l l uncertainties in the analysis method and inputs must be identified and assessed l l so that the uncertainty in the calculated results can be estimated. This  ;

l uncertainty must be accounted for, so that, when the calculated ECCS cooling '

l performance is compared to the criteria set forth in paragraph (b) of this l section, there is a high level of probability that the criteria would not be

[ exceeded. Appendix K, part II Required Documentation, sets forth the l

documentOion requirements for each evaluation model.

l 5 50.48 'fre protection.

(f)~" licensees'thit hiieI~ilibiittt' d' ethe 6e~rtificati'oWs~' require'd TindeT"I; l'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 " ^ ^ ' ^ ' ~ ~ ' ' ~ ^ ' ^ ^ ~ ~ ^

(t;e., which could result in a radiological hazard). s "~^

1) The' objectives cf the fire protection pruiFadisFs't'o?~~7 </~~'^:~~"'

• Reasonably prevent such4 fires from occurrir.0;'

f'f ~^((ii), Wapidly detect.scontrol,# and extinguish those '

(1) s ,,l

'and which could result in a radiological' hazard; and ' '

~

l

. (iii)dnsure that the risk of fire-induced radiolo ical hazards to the public, environment and ' plant personnel is minimized. '" " g' ^ ~^~'^~ ~~ ~ ~ ^~"~ ^

l The fire protection' program most be assessid' by"ths'lici6sei'oW'a regular (2) basis and revised as_approprjate_throughout the,yarious,, stages of facility, decommissioning.

5 I

[

1 N. RC ,fspproph1Mfithese~s6shgesidsihst&edu[celthsiiffsstivenissisfsfieleipfstis Mafa4111t16#s ~ sadd lehdiimient%hikhWc6sid Wssel tS Wadiologisn i kNS$i$$klN31pt ~#Mhtit!!pid$spissippipilp]MtMhd]11p@s2@3s{ijitjpj] j i 50.49 Environmental cualification of electric eauinment important to safety for nuclear power olants.

Each holder of or an a p1 ant (a)fSEMtHEET7FiiEf5PRfscdplicant o for a, license for a nuclear power, ifjB1 EsisissytEsMKsifiTsGbiiilitidGin l shil1~'~iiGTGlPi^progFsiii~faF GFftf,(Esii66@lectric ijsilifying the e eseMedlWdsfD 0equipmeni@di)fi(ned{J(inp{arg 8 (s 1 I 50.51 Continuation of license.

                '(6)" E sch~ 1'i kshie"W111"Es6tTnse~^1 n 'sffact* beyohd ' t h^i'skpi Fat 16h'^dits,"Tf 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 licensDbeyond the license!s stated expiration date, except for a license wh'ch is in timely renewal status under i 2.109,0f this chapter, the licenseejs pfAlbitedfrom_oper,ating the production or utilization facility and shall-                                                ^
 "^~ " l'(1): Take actions'necessary to decommission ihd'dih6ntamihit'e thFfii~ility s6d" continue to maintain the facility,< ' including, the stora                                     contro1D and mainte6ance of the spent < fuel, in a safe condition,' and'~n '"~ ge,~ ~ ~^" ^~'~'~

activities in < accordance with al1U oth~er3'"Fe'ifrictioWs s'pliha(2) p '. Conductble 'to the facility in accordance with the NRC' re Protisions^of_the,specifjefartjio llcense for'Jhe facility.gulations and 'the " ~ ~ ' ~ ' " ^ ~ ^ ~ ^ ^ l 50.54 Conditions of licenses. o Primary reactor containments for water cooled power reactors, 6thiF thsh~(re)shtor ' fadilitf~ i s"Tfor"shiih'? 'the c'ertifications7eiguifsd "under

                           ^

1450.82 have been' submitted ~* forth in(a)(1) Appen dix T t6 'th^is 'p^srt. ', ihill'"be~ssbjEct' t6~thi~rsquiressht's~iet

                                                  ~

(y) Licensee action permitted by paragraph (x) of this section shall be approved as a minimum b 6M?itTE!WUdliiWpsisif itiisGEthe?u certifisstT6hiMaiisfFidishasFZi l50;82(a)'(1)MsVikbe6n y a licensed senior operator, venEf 9 '( hbeh prior ke& ta JJth46${1Repedpiin,16rDpspitRbdjicsltilfjedffus11 ng the act on. handled 5 50.59 Chanaes. tests and exoeriments. i

                ^

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                                                                  ~ ~ ~ ~ ' ~      ~ ~ ~ ~ ~ ~ ^ ~ ~ ~ ' ~ ~ ~ ~ ~

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 -       WSdityselangsigilfgastlehytronjentaljlmpactinctipliy[6Hs[p((jfgs[q Dr
 ~

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                                                                                                     )

l 5 50.60 Acceptance criteria for fracture orevention measures for liaht-water nuclear oower reactors for normal operation. (a) of this sectionnall light water nuclear power Except as provided reactors in paragraph 6thiF nthan W eac (b)foMMfiEilifliiMf6fRshibhi?%thi EeftifiEstishijshG1FEdTu'6de6n50 82(s)T(1)]hhetbienisubmittidl~'iMisTiisif~ths ffadfGFif6uyhnes's i6d"mifiFliTs5Fieillance pF65Fim~FidUTFiisesti for the reactor coolant pressure boundary set forth in Appendices G and H to this part. i 6 50.61 Fracture touahness reauirements for orotection aaainst oressurized thermal shock events. (b) Requirements. (1) For each pressurized water nucimr power reactor for which an  ! operating license has been issued '6thsEEtharidistf6F%fidil i fissif6Fi shfEEthi ' 50;B2 a ~ EeFt shill i f~$U Icaffi6sHEWQiFidbmi t "p val'Ues o roj ecte~d re haVe

                                                               ~IuddEF@f                ~ RT,;,~(f visii1~tieltline materials     by   o) 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                      i for license renewal has been submitted. The assessment must use the calculative procedures given in paragraph (b)(2) of this section.                   The assessment must cpecify the bases for the projection, including the assumptions regarding core loading patterns. The submittal must list the copper and nickel contents, and the fluency values used in the calculation for each beltline material. If these quantities differ from those submitted in response to the original PTS rule and accepted by the NRC, justification must be provided. If the value of RT,1, 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 'f a renewal term if a request for license renewal has been submitted, this assessment must have been submitted by December 16, 1991.               Otherwise, this assessment must b:

submitted with the next update of the pressure-temperature limits, or the next reactor vessel material surveillance report, or 5 year s 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 l a change in the expiration date for operation of the facility. 7

l 50.62 Reauirements for reduction of risk from anticioated transients without scram (ATWS) events for liaht-water-cooled nuclear power plants. f f (a) Appifcabfifty. The requirements of this section app to all L commercial li- ht-water-cooled nuclear ower lants itEEIthis^FiEto , TilTi{ t ygggg gyggggggg-x- g(3pggggggg -

                                                                                        -n---       - _

ggg, l 50.65 Reauirements for monitorina the effectiveness of maintenance at nuclear power plants. (a)(1) Each holder of a license to operate a nuclear power plant under il 50.21(b) or 50.22 shall monitor the performance or condition of structures, i systems, or components, against licensee-established goal s, 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 appropriate corrective action shall be taken. FF6iniiiclik established goals,fEhitNeiillsissis?Hi'EsuSEftfidIthiTEiftlffsiff6HilipscififdHW M 56EiW)TEtifsE('rfsMah6dhMbnditi6nio be!$018t(thelpea)~(1)i, hitopi thisiintisRshillfippi itsithi?sitentQV s11AstFssthFs essWhhisbipuhssti yssseistediwitWith6TithfiisEsshtb1$ taaintohibceyMEspintifss1Mhti hosditiondigiMannsrssuffisiest$toipF6Vidsfriksnabish assuridsef thith[Fifi iudh stincth@asiisntengsjEdgMphehisgag[{#1blji6fifMy11g61hi13116tihded fu!!citons l l 5 50.71 Maintenance of records. makina of reports. If l5T6s*lF3Viilsdi7df?tEliliiEtYus?iWiMiiIp1Rt376R1siRj5GiirWiiEf6E j' Esses)iforswfichBthigierti fication$offpepeanent$ des satioWMcMopif atishs hssi beisissbmitted hsThsMFosi siinR6fnthi s#Rtiad , i regeirsdisodsRl!50s82(a)(1)lQpctp&l1MnsesitMtsjsM6{oppd@thodj@gs shaO QlsM p y d M hoM powe

   *Peratn

! l 50.75 Reportina and recordkeepina for decommissionina olannina. i (f)(1) Each E6EEETFIEf8E licensee shall at or about 5 years, prior to the projected end of opefstiids,^~5'06init a preliminary decommissioning a cost estimate f r d:==ini ning =d :=t:ining shfdilsb1dde,pl= cont:inings an up-to-dat I is pl=ning assessment fee of the majorF=ter: decommissioning. techni=1 factors to bc  :=:idered that could'^affiEt~thetituif[Efsr=ti= in ::bmittiEfth^IT s.. w . esubiwwb

                &       T            eF er            bb     I  b   Wb    b   b    &b b       b   Fb    .      b
   =:;;i= =nt: Of 5 50.02(:)(4) ==t bc :=:ider:d :t thi: t4mer (2) 't:j:r t::hni=1 =ti=: :===ry t: =rry ::t d:=zini=ing =ftly; (2) The =rr=t :it=ti= with n;;rd t; th; di:p=:1 Of high 1 =1 =d 10: h=1 =di=:ti= ==te; ft) .9::id=1 =di=:tivity criteri:;

(5) ^th= :it: :p=ific f=t:n which :=ld Off=t d:=xini=ing l 8 1

i i pl:n-in; : d :::t. (2) Each e@nd of operatio]nMMEf6 licensee shall at or about [ 6 years prior t projected the submit a preliminary decomissioning plan containing a cost estimate for hcomissioning and an up-to-date assessment of ! the major factors that could affect planning for decommissioning. Factors to be considered in submitting this information include-- ~ l (i) The decommissioning alternative anticipated to be used. The l requirements of i 50.82(b)(4) must be considered at this time; (ii) Major technical actions necessary to carry out decomissioning , safely; i (iii) The current situation with regard to disposal of high-level and low-level radioactive waste; l (iv) Residual radioactivity criteria; l (v) Other site specific factors which could affect decommissioning planning and cost. l (3) If necessary, the E6st?sitTiiifs ::b-itt;' shall, for power and non-l power reactors, also include ^$li6i"^~f6r~~Idjusting levels of funds assured for l decomissioning to demonstrate that a reasonable level of assurance will be l provided that funds will be available when needed to cover the cost of l decomissioning. l l 6 50.82 Acolication for termination of license, (:) ^ny i ken::: ::y :; ply t; the C; x h: Sn f:r ::th rity t: :Crr::d:r ( : licen:: v h:t:rily ::d t: d:::= h:Sn it: f::ility. F:r : f: ility th:t t p:=:::ntly :::::: :::r: tion :fter July 27, 1000, th h :ppli::t ha :::t bc ::d: eithin tz: y::r: f:?h=h; p:=::: t :::::ti:n f :p:r:tM :, : d in :: ::: , hier th: ::: y::r pri;r t: expir: tion Of th: :p:r: ting lic::::. Sch

pplic: tion f;r -t:=h:th: f licen:: :::t 5: :::::p:: icd, Or prc::d:d by :

pr:p:::d d:::xt::knk; phn. fr: f: ility which h:: p:=:nently :::::d

p;r:ti:n prier t: July 27, :000, re:;;ir:::;t: f;r : ntent: Of the d:::rb:hnk; phn :: : :pecifkd b p:r:gr:ph: (b) thr: gh (d) f thh :::thn

y bc ::dified with :ppr:::1 Of the C=B;hn te refket the f::t th:t the r h:: 5::: Mit hted previce:1" d:::xB:i cc h; sing:':p:^:o:visi6iisippli"tilicenseeii Thi~follo r ~who 'd'i^n6t haiTe#id'NRC YppF69id de_ommissioning c plan on the effective date of this rule and may be used,'at ths licensee's option,' by licensees who on'the effective date'of this rule,. possess an NRC, appro ed 'dqcommissioning;'p,1_an,

 ^ ^" " (a)' For power reactor?1icenseei^'l r

_ _(1)(i) When a nuclear power reactoliEeisis"h'as"detirmihed'td~peVmin~sntif cease operations, or whenr a final legally effective order to permanent 1y' cease operations has come +1nto'effect. the licensee shall, within 30' days,, submitLa . Written ' certification (to ' the'JNRC . consistent'< with'"the requirementss of I l 8 50.4 ,- <

                                                      .    . .     ,                    '1
 ~ ^((b)(8):and; ii)
                    , 'i~>Once    . fuel, hast   been ' permanently'    removed   from the reactorsve
 'sibnitawrittencertification,$o_the,NRCiconsi,stenRwith;threquirements,of 9 50.4 b)(9), -
 ~" ~ ^((2) Upon 'do'cketing~"'of 7theF'Ed'rtif1FationT foF "pirsansht" Eessat166'16f spWation' and pemanent removal of fuel from the .reactorNesseli the'Part 50 1icense_formpowerfeactor_s_ no;1onger authorizes, operation ofathe , reactor _or 9

r

l I l 4

  ^

I c tidWithi Q"Itars' . pedilifEEE h C ni n n e d i iid!byl

  @)d@ safe [Mi@@FEt6rs$libssiiii[jif6ij                  only when necessary to protect public health an            ty.             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 fac111 ties at the e te. currently b 1)(f)and 111

_ _ (4)(1):'" Prio~rl t's or 'Gith[in"'tiiFyear(s)(following~(pirm)a]nsitTdissatioh"'~of operations,4 the>1icensee of a nuclear power reactor shall submit a post shutdown decommissioning activities report (PSDAR) which shalll include a* description'of

  .the' planned, decommissioning ' activities < along with t'anschedule                        s for thelp accomplishment, in estimate of expected costs,' and a discussion as to whether the environmental impacts associated with site-specific decommissioning' activities (111be_ bounded by ,approprjate_previously, issued, environmental _ impact statementsj
                                                            ^

(ii)'2 Thu^"ItRC~'sWa11'~h6tTc'e^"Ficeipt of ~'ths~PSDAR~ and'aisfi'~thi"PSDAR Ws11able for'public comeent.; The NRC 'shall:also schedule a' public meeting in the vicinity,of the:11censee's facility upon receipt of the'p5DAR. 'The NRC shall pubitshi a ' notice 'in^' the' Federal : Register and in' a forum :'such Jas' local newspapersp which is readily,accessib'e to individuals in,the vicinityiof the site, announcing:the date,' time and location of the meeting;' ^along"~w'ith a brief

                                                                                   ' ~ ~ ' ~ ~ ~ ' ' ^ ^ ~ ~ ~ ~ ~ ' ^

descrjption of'the proposed purpose of'the meeting. J' ~^ r (ST Licensees ,may not 'perfoW any, major 'decommisiibhihg"a~ctWit'idi~,~Ti define'd in 150.2, unti100' days after the NRC has received the licensee's PSDAR pubmittal, and certifications of perman'ent cessation of operations and permanent '~~^~ " ~ i

 . emoval of < fuel from the reactor vessel ! '"'~ ^ ~ ^ ~ """^ ' "' ""'"^
 ~
          ~ (6) In taking actions permitted undeF"~l"50j59'fo110 wing 's'               u bmitfallof *thi PSDAR, the licensoe shallcnotify,'the 'NRC, in writing, 'before performing <'any decommissioning activity' inconsistent'with, or making any significant schedule changes :from those ' actions and schedules described in the PSDAR.~" ~~~^~^~ ~' '~"

7 i l (dtprovide )(i)~,Decomissioning,trus,tfun_ds e,ay be_used by power reactoQi

         ^^ ( A) '~~Th's SithdFaWaliaf^e'"foFsiipsniis ~ for' ligitimate""deE6'mmis'sToniH^g           ^~'~'~'

a

 ctivities
 ' ' '~^

(B)' consistent

                      ^

with the The expenditure definition would not reduce ofthedecomissioning,in value of the decomis i 50.2;s~i'Sni6g tru' st"below an amount nece'ssary to place and maintain the licensees reactor in ' ^ " ~ ' ' a safe storage' condition if unforeseen conditions or expenses arise and; The withdrawals'would not, inhibit the ability of the licensee ^~ts

 ~~'      ~ "'(C) funding of any shortfalls in the decomissioning trust needed to ensur Eoiiplitte the availabil,ity,of_fundssto u]tima,tely,u            release _the site _,andjerminate ,the license;
 ~ '~(ii)'~' Initially,^ 3'pe?cest~of th'e'gineric' amount"specifiid in"I 50.75'Way tWsse~dn For licensees that have: submitted the certifications required under i 50.82(a)(1) and commencing 90^ days after the NRC has, received the PSDAR,;an additional ,20 percent' may ' be used.                 A, site-specific decomissioning > cost estimate must
 'use,"any fundinbe               submitted g'in excess  of theseto  the NRC prior to, the license,e,being permitted, t amounts.

(iii) , tH thin ,two years , following, permanent ^ ces'sition" of]opefatidn~of' a' 10

                  +,o wnny w,                   .y.e     .

s yy ., nuc ea powerxreactm;m.g,,,,,iy woe.e l y,mna, org finot,n,,,yx .,l s na.wdy,w reavsb.is y .i~t<t.,s. e .da t. hz,,id, e . i. .x.,,, cens a rsu m d' eta._ll' i m sw.-........n...=.., i t_44p,es ;;g t fi cides_semini oni ngih6stsestim,il.7.. 3.=... e F^", _~ ~~^ee f,s,.h.,n,l

                                                                                                                       ~" " "",~ ^ ~ ~ ~ ~            ~ h^gy m                                      e            .u. . . f. . . v. r. .fyy   . .     . . . . . . . . . , . . . . .       - , . , . ,
  =;pleti= cf d ==ini=ing by including : p:ried Of :ter:g: or long t ;::
    ;rveill=ce =:t pr: vide th:t (1) F=d: :::d:d t: :=plet                               d 00=ini=ing be pl::cd inte = =ccent

cgr: gated fr= licen:= :nct: =d cutside the licen=:' :dmini trative := trol during ;he :tcr:g cr =rveill=ce pcried, Or : nrcty =th;d or f=d : tate =nt of int fd) =t be for nintai=d d:==ini=ing in :::crd==

pl=: in which with thth: criteri: Of 5 50.75(c) njer di:=nti:=nt =tivitic: arc delayed by fir:t pl=ing the f=ility in :ter:ge, pl=ning for thc= del:yed

  =tivitic ny be ic n detailed.                                   Upd ted detailed pl=: =:t b; =bmitted =d

pproved pricr to the :t:rt of 15: = = tivitic .

(iv) [ currently (d)] For decommissioning activities that delay completion i of decommissioning by including a period of storage or surveillance, the licensee i must provide a means of adjusting cost estimates and associated funding levels i over the storage or surveillance period. (8) For licerisees that' have submitt'ed 'a certific'stibn'in"a'ico'rda'nc'e^ with ' precede (d)by a license , termination plan,to be submitted for NRC ap license amendment /

  ~

( 1 ) The l i ceh se" tirmi~n'atTon' 'pfan ' ^sh al l ~ be i 'iU^p'pl iment ' to 'the ' FSAR ', "End shill"be submitted at least> two years prior to the termination of license date

                                                                                                                 ' " ' ^ ~ " ' ~ ' ^ ^~
 ~'"

as specified in the'PSDAR.- :

                                                                                                        '^

The license terminatios u (ii)' (A) A site characterization; plan for'pbws[rsacforsfadstlJHel'de 2 (B) ' A description of remaining dismantl'emint[a'etivitids? (C)"' Plans for site remediation; Detaile s r (D :a _Andescrd ^ plan.,s' n final.nradia fo,th. the .~dtuserofs.th.ti.on sur,vey-.; -td,c_.ted* i ti~on fi eren w 7

                   ~    c                                                               eisitestferes
                   .YUidit' d 11ti:ipiel'fiFisalysil"6f"FFmiini'sfdFE6Elisfoning costs; and                     '

w v

             ,(G)yyg&.
                   >          supp emen wswe.nln...~+ty      a ow eSenv onmen b,us.~o~~~~in,w~~=wnpursuants?pt~og6,15hy53

t. ngeth.nmm?~~i+r.ww~,.v~t a- repor me i 9

diinibin7snE[n.ew with,i.~the3. ic.en+seei,lihfornati6rW6SiignificantienVir,6nme. htal?.~ch.a.ngM

                                       ~                                                 ~
                                                                                                               -                o        --

_. s.Vp ro30's. _ed. ? te._,r_m i n a. ti on ! a c t i v i t i e s : - gg demonstrates that the femiisde76f dsc6silis'idhiEg^^iEtTVities will be performed i in accordance with ths~feiUliffoEs in this chapter and will not be inimical to ' and the common defense and security or to the health and safety afternoticetointerestedpersons,theCommissionwillapprove,bi ihdm of the p@ub the plan subject to such conditions and limitations as it deems appropriite and necessary and authorize implementation of the license termination plan.

(10)[ currently (f)] The Commission will terminate the license if it I

determines that-15 IT._Eshi.(l/fs'Faihat165.cThe e dc=rini=ing decommissioning plan and the order has beenauthorizing performed license in accordance w termination, and - l (ii) The terminal radiation survey and associate documentation demonstrates that the facility and site are suitable for we:tricted release. (b) The prop =d d:::=inioning pl= = t include (1) The thei= cf th: :lter=tive for d :c=iri=ing with : descriptica 11 t

i 1 1 t i l of ctivitic: involved. (i) Fcr :n clectric utility licen:ce, :n :lteenative i: ;cceptable if it provide; for completica cf decc=l::icnin;; . ithin 50 years.

            '") Fcr : licen:ce other than :n clectric utility, [ remainder of paragraph at (b)           i (F)]rd, o    i5ii9isWENiisf3E1TEiHssei@
               ' j'[s7emeds'ef ^EiTrfant~(I)f~ATiceElee that permanently ceases operatio
         ~

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 cccompanied, or preceded, by a proposed decommissioning plan. The contents of the decommissioning plan are specified in paragraph (b)(4) of this section. l (2)[ currently (d)/ For decommissioning plans in which the major dismantlement activf ties are delayed by first placing the facility in storage, planning for these ayed activities may be less detailed. Updated detailed plans must be subir Od and approved prior to the start of these activities. (3)[ current sc)] For decommissioning plans that delay completion of decommissioning b; including a period of storage or surveillance, the licensee must provide that--- l (1) funds needed to complete decommissioning be placed into an account I 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 G 50.75(e), and (ii) Means be included for adjusting cost estimates and associated funding levels over the storage or surveillance period. (4) [ currently (b)] The proposed decommissioning plan must include - (1) The choice of the alternative for decommissioning with a description of activities involved. An alternative is acceptable if it provides for completion of decommissioning without significant delay. Consideration will be given to an alternative which provides for delayed completion of 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, comparison of that estimate with present funds set aside for decommissioning, and plan for assuring the availability of adequate funds for l completion of decommissioning; and (v) A description of technical specifications, quality assurance provisions and physical security plan provisions in place during decommissioning. (5) [ currently (e)] If the decommissioning plan demonstrates that the ! Jecommissioning will be performed in accordance with the regulations in this l 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,t(yMMiidmnt} the plan subject to such conditions and 12

l i l limitations as it deems appropriate and necessary and issue an order authorizing the decomissioningde) app @ididiE6Eifii@hjRM@Qt[IffiU@ HART 3d determines that-

                            )] Tb         f    n will terminate the license if it (i) The decomissioning has been performed in accordance with the approved decomissioning plan :nd th: Ord:r ::th:rizing d:r ri::icaing; and (ii)     The terminal radiation survey and associated documentation demonstrates that the facility and site are suitable for : r::tricted release.

' (c) [ currently in (a)] For a facility that has permanently ceased 4 operations 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. i

                                                                                          )

l 5 50.91 Notice for oublic coment: State consultation. The Comission will use the following procedures on an application ' requesting an amendment to an operating license for a facility licensed under E 50.21 b or i3?En(tn)gIsTg. I 50.22 or for a testing facility,ftMshhiife IWsFsidibfftFRTHi2il20M2Y1263hof l W6hjinindmen

lis6jst toillJ2F1201stil2635fithif%h$tynthilfo116sinsipr6c@ed6FistW11 jMp1 l

NIEd5}1thagex1hQspec10hNggfetencedlifih2]l2MLUlpffthLsHhjple} ! l 50.111 Criminal oenalties. (b) The regulations in part 50 that are not issued under sections 161b, i 1611, or 1610 for the purposes of section 223 are as follows: il 50.1, 50.2, l 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.S2, 50.90, 50.91, 50.92, 50.100, 50.101, 50.102, 50.103, 50.109, 50.110, 50.111. l Appendix I - Numerical Guides for Desian Ob.iectives and Limitina Conditions of Operation to Meet the Criterion "As low As Is Reasonably Achievable" for Radioactive Material in Liaht-Water-Cooled Nuclear Power Reactor Effluents. i SECTION I. Introduction. Section 50.34a provides that an application for l a permit to construct a nuclear power reactor shall include a description of the i l preliminary design of equipment to be installed to maintain control over l radioactive materials in gaseous and liquid effluents produced during normal conditions, including expected Oper: tion:1 occurrences. In the case of an application filed on or after January 2,1971, the application must also identify the design objectives, and the means to be employed, for keeping levels of l 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 i normal conditions, including expected Oper: tion:1 occurrences, are kept as low as practicable.

• 13

SEC. IV.-Guides on~ technical spectfIcations for limiting conditions for operation for light-water-cooled nuclear power reactors licensed under 10 CFR l Part 60. The guides on limiting conditions for operation for light-water-cooled nuclear power reactors set forth below may be used by an a to o>erate a light-water, cooled nuclear power reactor 'pplicant for a licenseRinsisfih i- inliiii piFition ! jJ0;htfidNiQgej"W~"GTdincelEiQohEag$je

          $216           g                               iiissintF^Nisit in deiIs16aTng tiEHWRi1     spec fiEitTe]s]MW~d{e{r un l'

t 50.36a(MH a) to keepas levels of radioactive materials in effluents to unrestricted areas as low as-is reasonable achievable. Section 50.36(b) provides that licensees shall be guided by certain l considerations in establishing and implementing operating procedures specified i in technical' specifications that take into account the need for operating flexibility and at the same time assure that the licensee will exert his best effort to keep levels of radioactive material in effluents as low as is reasonably achievable. The guidance set forth below provides additional and more specific guidance to licensees in this respect. Through the use of the guides set forth in this Section it is expected that the annual release of radioactive material in effluents from light-water-cooled nuclear power reactors can generally be maintained within the levels set forth as numerical guides for design objectives in Section'II. l At the same time, the licensee is permitted the flexibility of operations, compatible with considerations of health and safety, to assure that the public is provided a dependable source of power even under unusual :per: ting conditions which may temporarily result in releases higher than numerical guides for design l-objectives but still within levels that assure that the average population exposure is equivalent to small fractions of doses from natural background

radiation. It is expected that in using this operational flexibility under i

unusual :p;r: ting conditions, the licensee will exert his best efforts to keep levels of radioactive material in effluents within the numerical guides for design objectives. 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 l conditions in a license to operate a light-water-cooled nuclear power reactor @g EMEdHWidIRMR3sEMRIMEOiWitfliK!!!!gaggessm; I 51.53 Suoolement to environmental report. (b) Post Operating License Stage. Each applicant for a license amendment 1

=r: " 090 DiittherdersunrestflEtid 1 ease:jgegtiliz:tj:n authori,zingdecommissioningIE{@Kiesatcy$ct: f:ylty oreSased6sfcontinGingsse pppD$sbisitRthe sdisch?spp1RintifoQs[WcineihnsdieM RMi$gadicanseEterminatio$1tE@hrunded approvi barest sedifelsah spisedi6atiohtini nfpla

                                                    ~WestERdonsMppli fog 550 82 Mydfan ~ii&IppTi(cani~faF1 TREWiTBF cssss"iEiWasEEt*to sto/;sibisitbi~ipin I4 I

i at a nuclear power reactor after expiration of the operating license for the nuclear power reactor shall submit with its application the number of copies, as specified in i 51.55, of a separate document, entitled " Supplement to Applicant's Environmental Report--Post Operating License Stage," which will ! update " Applicants Environmental Report--Operating License Stage," as appropriate, to reflect any new information or significant environmental change associated with the applicants proposed decommissioning activities or with the l applicants proposed activities with respect to the planned storage of spent fuel. ! Unless otherwise required by the Commission, in accordance with the generic determination in 5 51.23(a) and the provisions in i 51.23(b), the applicant shall only address the environmental impact of spent fuel storage for the term of the license applied for. The "Surplement to Applicant's Environmental Report-

 -Post Operating License Stage" may incorporate by reference any information contained in " Applicant's Environmental Report--Construction Permit Stage,"
 " Supplement to Applicant's Environmental Report--Operating License Stage," final environmental impact statement, supplement to final environmental statement of records of decision previously prepared in connection with the construction permit of the operating license.                                                         I i 51.95 Sucolement to fi..el environmental imoact statement.

(b) Post Operating License Stage. In connection with the amendment of an l i L operating utilization facility

 ^         ^

license _ coveredauthorizing by 6 51.20 EHherdecommissioning,iiEfMiin fuisslQiEWdTissMBEiIsiid at t ftis

                          ^

m nuc ar , i after expiration of the operating license for the nuclear power reactor, the NRC j i staff will prepare a supplemental environmental impact statement for the post 1 operating license stage or an environmental assessment, as appropriate, which will update the prior environmental review. The supplement or assessment may incorporate by reference any information contained in the final environmental , , impact statement, the supplement to the final environmental impact statement--  ! operating license stage, or in the records of decision prepared in connection  ! with the construction permit or the operating license for that facility. The supplement will include a request for comments as provided in i 51.73. Unless i ! otherwise required by the Commission, in accordance with the generic ' determination in 5 51.23(a) and the provisions of 6 51.23(b), a supplemental i environmental impact statement for the post operating license stage or an environmental assessment, as appropriate, will address the environmental impacts of spent fuel storage only for the term of the license, license amendment or , license renewal applied for. l 15 I l

1 i i i i ATTACHMENT 3 REGULATORY ANALYSIS l l ) h

Sev.'sec( j Reaulatory Analysis Amendments to 10 CFR Parts 2, 50, and 51 On Decommissioning of Nuclear Power Reactors

1. Statement of Problem When the decommissioning regulations were 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 I

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. j i 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 on a case-by-case basis. The Commission believes that the proposed amendments would enhance efficiency and_ uniformity in the regulatory process of decommissioning nuclear power plants. The proposed amendments would permit the public to more fully participate in the decommissioning process and furnish the licensed community and i

the public a better understanding of the process as the operating personnel at a nuclear power plant facility undergo the transition from an operating organization to a decommissioning j organization. In particular, this rulemaking would address the process which begins with a licensee's decision to permanently I cease operations at the facility and concludes with Commission's approval of the licensee's termination plan. F3nally, it should be noted that some proposed amendments have been made for non-power reactor for the purposes of clarity and procedural simplification. l l l l 2. Obiectives The conceptual approach the Commission has chosen divides ( the decommissioning activities into phases I, II, and III. Phase l I deals with those licensing activities that the licensee l undertakes prior to placing the power reactor in a storage mode. 1 Phase II deals with licensee activities duririg 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 objectives (the requirements of which are mainly in 50.82(b)).

1. At the initiation of Phase I, certification would be provided to the NRC that the licensee has permanently ceased operation.

l Also, during Phase I, certification would be provided to the NRC I l that the licensee has permanently removed all fuel from the reactor vessel. These certifications would be defined in S 50.2, 2

   . specificity presented in S 50.4(8) and (9), and required in S 50.82 (a) (1) . At this time, the licensee, through rule codification,lwould no longer be permitted to operate the reactor.
   .2. The licensee would no longer be required to comply with all l    Part 50 requirements. Those that are unnecessary would be eliminated and others that require modification would be changed, through codification, in recognition of the licensee's permanent shutdown status.

3. No major decommissioning activities, as defined in S 50.2, j would be allowed initially, although limited licensee ')

I decommissioning trust funds would be made available for planning purposes and early activities. The remaining decommissioning  ! 1 funds would be made available with receipt of the licensee's detailed cost estimate, as required in 50.82(a).  ! l

4. 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 that are not covered by previous environmental impact statements. The NRC would then inform the public of the licensee's intent to decommission, make the PSDAR available for public comment, and hold a public meeting in the vicinity of the site to describe the planned activities l and haar additional public views.

3

5. After a short period of time for the NRC to respond to public comments (no more than 90 days from the time of NRC's receipt of the PSDAR) and provided the licensee's certification of permanent removal of fuel from the reactor vessel had been received by the NRC, the licensee would be permitted to perform major decommissioning (i.e., dismantlement) activities. Major decommissioning activities would permitted to be conducted by the licensee provided they met the criteria in 10 CFR 50.59, suitably modified to permit its use during the decommissioning process.

The terms " major decommissioning activity" and " major radioactive components" are defined in S 50.2. l 6. Phase II would be comprised of an optional period of storage.

7. Phase III would be initiated when the licensee's application

! to terminate the license and license termination plan were received by the NRC. At this time a supplemental environmental report would also be required if there was the possibility of significant environmental impacts not previously covered in other

environmental impact statements.

! 8. The Commission would notice receipt of this information and ! provide opportunity for a Subpart L hearing provided that the spent fuel had been removed from the 10 CFR Part 50 site to another authorized facility. The Commission approved license l termination plan would become part of the FSAR. (A similar requirement that for a non-power reactor the approved l l decommissioning plan become part of the FSAR or equivalent will also be proposed.) Termination of the power reactor license 4

i could not occur until the Subpart L hearing was completed.

9. Once the license termination plan had been carried out by the licensee and the Commission had determined that the licensee was in compliance with said plan, the Commission would terminate the license. There are two aspects of these proposed regulatory changes that can affect both power and non-power reactor facilities and are addressed in the rulemaking for purposes of clarification. The first aspect proposes that environmental requirements (in 10 CFR 51) for conditional release situations be explicitly considered. This would be based on finalization of

the proposed decommissioning residual radioactivity criteria rule 1

! (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 circumstal. es. This provision is consistent with NRC requirements for other licensees and avoids any gaps in licensing of regulated facilities This same rationale applies to both power and non-power reactors.

3. Alternatives The conceptual approach and it's implementation presented in the objective requires that all the objective elements described be retained for cohesiveness. Therefore, the following alternatives considered in this regulatory analysis are for all of the objectives described above.

l 5 1

3.1 Alternative- Take No Action

       .This alternative was rejected because it would not clarify the decommissioning process for power reactors, nor for certain    .

i specifics of'non-power reactors. This alternative would not be responsive to addressing the current resource burdens for the l commission and its licensees. l 3.2 Alternative- Reculatory Guidance l-

                                                                       )

This alternative was rejected because it would not provide ] I the necessary regulatory basis to mandate particular licensee l actions. In order to maintain regulatory flexibility consistent i i with current regulatory needs, many substantive changas to the way in which decommissioning activities are defined and permitted to be performed in the regulations are necessary, i l

3.3 Alternative- Rulemakina This alternative was selected because it would codify procedures and definitions for decommissioning activities that have been dealt with on a case specific basis and revise

[ requirements which presently exist within 10 CFR Parts 2, 50, and 51 and provides a firm regulatory basis for their generic implementation. 4 6 i i

4. Reculatory Imoact- Oualitative Costs and Benefits l

l The detailed analysis of the costs and benefits associated with decommissioning vere discussed in the Generic Environmental Impact Statement and Regulatory Analysis accompanying the final decommissioning rule in 1988. The amendments being proposed in this rulemaking serve to replace a large percentage of U;e case-by-case decommissioning that is occurring under the present regulatory framework. The costs and benefits discussed for the 1988 rule continue to be valid. The critical elements of the current regulations have been retained, although somewhat modified. Although the proposed amendments to 10 CFR parts 2, 50, and 51 would replace many current requirements on nuclear power reactor licensees, they would not result in lessening the safety objectives of the original requirements, while permitting greater public participation and providing greater flexibility to the licensee in carrying out necessary decommissioning activities. Recognizing that financial assurance is an important consideration, a preliminary site-specific cost estimate would still be required (S 50.75(f)) just as in the current rule, as well as submittal of a site specific cost estimate two years after permanent cessation of operation (S 50.82(a)). (The proposed rule would require that non-power reactors submit the decommissiening plan 2 years prior to their cessation of I l

l I l i ! operation because this is a more realistic projection tool for l 1 such facilities.) 1 The decommissioning plan requirement for power reactors has been eliminated, and replaced with a requirement for a PSDAR submittal (which describes the licensees intended decommissioning ' activities, expected costs, and environmental impacts) and an NRC held public meeting to inform and hear the public views on the licensee's proposed decommissioning activities. The PSDAR, i similar to the current rule requirement for the decommissioning j i plan, must be submitted within two years of permanent cessation , 1 of operation. Part of the initiation of licensee decommissionina 1 activities is NRC receipt of the licensee's certifications of permanent cessation of operation and permanent removal of fuel I from the reactor vessel. Through codification, once the NRC receives these certifications, the licensee would no longer be 1 permitted to operate the reactor. At this time the licensee's fees would be substantially reduced (based on S 171.5 definitions) and various Part 50 technical requirements, except those pertaining to spent fuel, eliminated or modified. These Part 50 amendments are specified in this proposed rule. Thus the licensee would no longer need to submit a request for a

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

8

The mechanism that would allow the licensee to perform decommissioning (dismantlement) activities in this proposed rule , i is the process outlined in S 50.59, with additional criteria to ensure that the licensee's review of the planned decommissioning ) i activities are appropriate. The licensee could not use the S 50.59 process for major decommissioning activities until ninety days after the NRC receives the PSDAR (and the receipt by the NRC of the licensee's certification of permanent removal of fuel from ! the reactor vessel). Definitions of " major decommissioning activity" and " major radiative components" have also been included in the proposed rule so that no ambiguities remain I concerning use of the S 50.59 process as described in proposed ] I

 $50.82(a). Along with the elimination of the requirement to submit a proposed decommissioning plan initially and the allowance for use of the 550.59 process to undertake               .

decommissioning activities, licensees would be allowed to use decommissioning trust funds provided: (1) The withdrawals are for expenses for legitimate decommissioning activities consistent with the definition of decommissioning in S 50.2; (2) The expenditure would not reduce the value of the decommissioning trust below an amount necessary to place and maintain the licensee's reactor in a safe storage condition if unforeseen conditions or expenses arise and; (3) The withdrawals would not inhibit the ability of the licensee to complete funding of any ! shortfalls in the decommissioning trust needed to ensure the 1 9 l l l

! availability of funds to ultimately release the site and 1 terminate the license. After an optional period of storage (up to 60 years after permanent cessation of operation, as in the current rule), the proposed rule would require that the licensee submit an ! application to terminate the license along with a license i termination plan. The elements of the plan are similar to those required for a decommissioning plan in the current rule. The rule would also require consideration of a supplemental i l environmental report if substantive impacts are expected to occur that have not already been considered, as currently required. , ! The remainder of the rule requirements are the same as in the current rule except that prior to Commission approval of the 1 license termination plan, opportunity is given for a Subpart L l i hearing provided spent fuel was removed from the 10 CFR Part 50 l site to another authorized site. This is a less formal hearing j than required in the current rule, a Subpart G hearing, because j I the decommissioning activities requiring consideration are very  ; similar to those of a materials license facility, where a Subpart L hearing is used. Once the license termination plan wra > approved by the Commission, it would be made part of the FSAR because this is a much mcre effective and efficient way for approval of licensing activities that are not considered to be significant safety issues. (For non-power reactors, the approved decommissioning plan would also be made part of the FSAR or 10

t L equivalent for the same reasons as those given for the power l l reactors.) The proposed amendments are very similar in concept to what is currently required or has been allowed on a case specific basis. The major significant change in the decommissioning l process is the elimination of the need for the licensee to submit l a decommissioning plan early in the process and to permit the

 ~

licensee to begin decommissioning activities that meet the l requirements of 5 50.59 after 90 days of the PSDAR submittal and ! provided that fuel had been permanently removed from the reactor vessel. The otner significant change is the holding of a public information meeting by the NRC. This requirement is not in the current rule, but constitutes good practice and makes the process more efficient by providing an opportunity for the public to participate and acquire accurate information as the licensee begins the decommissioning process. As in the current rule, after an optional period of storage, a more detailed plan would still be required. This more detailed plan becomes in the l proposed rule the license termination plan because a number of l l  ! j decommissioning activities may already have been completed., The primary purpose for this plan is for the NRC to have an i opportunity to review and approve the licensee's site release i plans. In some situations, use of trust funds have been allowed, l before final decommissioning plan approval by the NRC. The proposed amendments allow such use to be applied in a more I 1 i 11 I i l t ! j

I l uniform manner without compromising the purpose of the financial assurance requirements specified through the current rule. 3 Finally, there are two aspects of the proposed rule 1 l pertaining to power.and non-power reactors that are needed for 4 clarification purposes. The first clarifies that an expired license cannot be terminated until the commission makes such a decision and describes what activities are permitted during this time. The second clarifies that, based on finalization of the proposed residual radioactivity criteria rule, licensees planing , i for conditional release need to consider this as an element in their environmental report. The proposed rule amendments do not compromise health and 9 safety, are more easily implemented by licensees, more efficient j in their design, and less complex than current rule requirements, l and allow the public to more fully participate in the decommissioning process, while responsive to current licensing i r.eeds. Their cost, aside from the cost of codification-which is relatively minor, is no more than and most likely considerably less than the current rule requirements. When this likely reduction is multiplied by the 109 current power reactor licensees, the potential for cost savir.gs is considerable. ,

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

j. above leads the commission to the conclusion that the overall  !

i

   ' impact of the rulemaking will be a reduction in licensee costs,  ;

12 l

1; primarily due to the efficiency, uniformity and flexibility of the decommissioning process that these amendments afford. Although there are apparent costs' associated with several of the i proposed amendments, the Commission believes that those costs are i the same ones that would have been incurred by licensees under

                                                                        )
 ,   the current rules and case specific exemptions and/or 1

j codifications to their licenses, and that the benefits associated a with the entire set of regulatory amendments outweighs the costs. J

i

6. Imolementation 6.1 Schedule No implementation problems are expected. No effect on other schedules is anticipated.

1 l 13

l i l ATTACHMENT 4 ENVIRONMENTAL ASSESSMENT l l I

!/

              ;                                                                  &s's er/ ^

ENVIRONMENTAL ASSESSMENT AND FINDING OF , 'N0 SIGNIFICANT IMPACT l ON PROPOSED RULE ON " DECOMMISSIONING' 0F NUCLEAR POWER REACTORS" l l l I. THE ACTION 1 The action is a proposed rule to amend 10 CFR Parts 2, 50, and 51 to cl'arify L ambiguities in the current regulations, and to codify procedures and j terminology that have been used on a case-by-case basis. Most of the programmatic aspects that control licensee decommissioning requirements are specified in proposed amendments to 5 50.82(a). Once the licensee of a power reactor certifies to the NRC their intent-to permanently cease operation and l that fuel has been permanently removed from the reactor vessel, through rule codification, the licensee would no longer be permitted to operate the facility, and again through rule codification, certain technical requirements of part- 50 that would no longer be needed would be modified or removed. The l licensee would be required to submit a post shutdown decommissioning activity j report (PSDAR) (within two years after the licensee certification of permanent cessation of operation) that specifies decommissioning activity schedules, estimated decommissioning costs, and an assessment of environmental considerations. Within 90 days after the NRC receives the PSDAR, and l approximately 30 days after the NRC holds a public meeting on this subject, the licensee could perform major decommissioning activities provided they meet the criteria specified in the proposed amendment to 10 CFR 50.59 and provided

                        .                           1

i l l that the NRC has received the lirensee's certification of permanent removal of ) fuel from the reactor vessel. The licensee could also use decommissioning trust funds throughout the decommissioning process, provided they follow the l criteria outlined in 10 CFR 50.82. Two years before the licensee's l termination of license date, the licensee would be required to submit a l license termination plan, along with an application for license termination. l At this time the Commission would provide opportunity for a Subpart L hearing (proposed addition of 6 2.1201(c)(3)) (provided spent fuel had been removed from the 10 CFR Part 50 site to another authorized facility), and the license could not be terminated until any Subpart L hearing was completed. The approved license termination plan would be made a part of the FSAR because this is the most effective and efficient way to license activitles that are not significant radioactive safety concerns. A similar provision for l incorporation of the approved decommissioning plan for non-power reactor licensees into the FSAR or equivalent would also be made for similar reasons. Once the licensee has accomplished decommissioning and the Commission is satisfied with the licensee's action, the Commission will terminate the license. For clarification purposes, the terms " permanent cessation of l operation," " permanent fuel removal," " major decommissioning activity," and

 " major radioactive components" have been defined in 10 CFR 50.2. The certification requirements for " permanent cessation of operation," and
 " permanent fuel removal" have been specified in 10 CFR 50.4.                  l l

l There are two aspects of the proposed rulemaking that can affect both power and non-power reactors, and are addressed for purposes of clarification. The first propores that environmental requirements for conditional release 2 I 1

1 situations be explicitly considered (in 10 CFR 51) and are based on the proposed decommissioning residual radioactivity criteria rule (59 FR 43?00; , l August 22,1994). The second clarifies that a license that has expirei is not terminated until the Commission terminates it, and further clarifies what l conditions prevail under such circumstances.  ! i i II. THE NEED FOR THE RULEMAKING ACTION i 1 The current regulations in 10 CFR Parts 2, 50, and 51 set forth a l process for decommissioning that is inadequate for current licensing needs. When the decommissioning regulations were published on June 27, 1988 (53 FR l 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, and requested exemptions from operating requirements to address their status of no longer having fuel present in the reactor. Each l of these cases has been handled individually without clearly defined generic requirements. I i The current decommissioning process tends to result in an inefficient l use of licensee and NRC resources and lacks the flexibility necessary to encompass current regulatory needs. In addition, the public is less able to understand and participate in the process and recognize the requirements and restraints imposed on licensees from the time of permanent cessation of operation through to license termination. Thus, a restructuring of the decommissioning requirements, codification of past Commission adjudicatory decisions on decommissioning, and a clarification of terminology is b>211eved ( 3

___ ~ necessary. III. ALTERNATIVES TO THE RULEMAKING ACTION As required by i 102(2)(E) of NEPA (42 USC 4322(2)(E)), possible alternatives to the action have been considered. Three alternatives were considered. Alternative 1- No Action Alternative 1 maintains the status quo which involves case-by-case decisions with respect to decommissioning issues, and no clarification of ambiguities in the Parts 2, 50, and 51 regulations. The impacts would be continued inefficient use of licensee and NRC resources, less participation by the public in the decommissioning process, and less understanding by the public of the requirements and restraints imposed on permanently shut down nuclear power plant licensees. Alternative 2- Regulatory Guidance Under this alternative, the NRC would issue regulatory guidance to address the ambiguities and issues which are being considered as a subject for rulemaking. This action would not by definition provide the mandatory regulatory basis necessary to clarify 10 CFR Parts 2, 50, and 51 requirements. Alternative 3- Rulemakina 4

Under alternative 3, the NRC would amend the current regulations in 10 CFR Parts 2, 50, and 51 to clarify ambiguities in the requirements, codify elements of existing Commission adjudicatory decisions that deal with decommissioning issues, and define existing terminology. Licensees, the NRC, and the public will have a fuller understanding of the decommissioning process delineated in the proposed rule for nuclear power plants, and the affects of license termination and conditional release will be clarified for non-power reactors as well. IV. ENVIRONMENTAL IMPACTS OF THE ACTION The Commission has examined the current regulatory framework for decommissioning to ascertain the appropriate regulatory path to take that would ameliorate current licensing concerns without compromising health and safety. The proposed rule would preserve the substantive elements of the current rules, but allow the licensee more latitude, subject to appropriate constraints, in completing the necessary decommissioning activities. Four of the proposed rule changes involve the clarification of existing, or creation  ; i of new reporting requirements which the NRC has previously determined to meet I t..s criteria for a categorical exclusion in 10 CFR 51.22(c)(3). The three new amendments arc the requirements for a licensee to certify to permanent cessation of operation and permanent removal of fuel from the reactor vessel in 5 50.82(a)(1) and the requirement for a post shutdown decommissioning activities report in i 50.82(a)(4). The clarification of an existing , i reporting requirement is the amendment to i 50.71 which extends the reporting requirements to include holders of a Commission approved license termination 5 i

f l plan and/or decommissioning plan. The amendment to 10 CFR Part 2 to afford an opportunity for a Subpart L hearing at license termination plan approval, and the amendment to 10 CFR 50.82 to require that NRC convene a public meeting fall within categorical exclusions to 10 CFR 51.22(1) and (2). The remaining amendments relate to programmatic modifications to the decommissioning process, clarification of ambiguous regulations, defining terms already in part 50 or the supplementary guidance information accompanying the issuance of the current decommissioning rule amendments, and codifying aspects of Commission adjudicatory decisions involving decommissioning issues. For example, regarding programmatic modification, the decommissioning plan requirement in the current rule has been replaced by the PSDAR requirement (submitted within two years of permanent cessation of operation - the same time period as the current rule) followed by the requirement of a license termination plan. This is very similar to the current rule requirement for a storage decommissioning mode where a less detailed decommissioning plan is initially required followed by a more detailed one prior to license termination activities. Also, the allowance of licensee decommissioning trust funds to be used at various stages of the decommissioning process is similar to the current rule requirements regarding financial assurance because criteria are imposed that ensure that: (1) The withdrawals are for expenses for legitimate decommissioning activities consistent with the definition of decommissioning in 5 50.2; (2) The expenditure would not reduce the value of the decommissioning trust below an amount necessary to place and maintain the licensees reactor in a sa'e storage condition if unforeseen conditions or expenses arise and; (3) The withdrawals would not inhibit the ability of the licensee to complete funding of any l 6

i shortfalls in the decommissioning trust needed to ensure the availability of funds to ultimately release the site and terminate the license. As a final example, a section of part 50 regulations would be amended to clarify their applicability or limited applicability to permanently shut down nuclear power reactors. These amendments would not create new requirements, but would serve to clarify existing requirements and in many instances eliminate the need for licensees to seek exemptions from these requirements to address their status of no longer having fuel in the reactor vessel. Establishing, through codification, the requirement that licensees that have permanently ceased operation and permanently removed fuel from the reactor vessel can no longer operate, does not create a new requirement on the licensee beyond those currently imposed through part 50 and allows for a substantial reduction in licensing fee, at that time, based on the definition of an " operating license" presented in i 171.5. The environmental impacts of these actions are those which were discussed in the Final Generic Environmental Impact Statement (GEIS) on decommissioning of nuclear facilities NUREG-0586). Licensees of permanently shut down nuclear power reactors should be able to conduct decommissioning I activities in a more timely and efficient manner under the revised regulatory scheme. In the Final GEIS, the NRC found that decommissioning has many

   . positive environmental impacts. These includo the return of valuable lands and structures to the public domain and the elimination of potential problems associated with an increasing inventory of radioactively contaminated facilities. The major adverse impacts associated with decommissioning are l    routine occupa'tional exposures and the commitment of small amounts of land to 1

( radioactive waste disposal. Other impacts, including public radiation doses, l 7

l w ere shown to be minor. Since the regulatory revisions do not fall outside l

   .he scope of the GEIS or create new requirements beyond the reporting l  requirements discussed, it can be concliided that the rulemaking will have no adverse impact on the. environment.

V.- FINDING 0F NO SIGNIFICANT IMPACT l The Commission has determined under the National Environmental Policy Act of 1969, as amended, and the Commission's regulations in 10 CFR Part 51, that the amendments to 10 CFR Parts 2, 50, and 51 revising and clarifying the regulatory process for decommissioning nuclear power reactors, will ~not have a significant impact on the quality of the human environment and that an environmental impact statement is not required. This determination is based on the foregoing environmental assessment performed on accordance with the procedures and criteria in 10 CFR Part 51 " Environmental Protection Regulations for Domestic Licensing and Related Regulatory Function." VI. MAJOR REFERENCE DOCUMENTS i i

1. Final Generic Environmental Impact Statement on Decommissioning of l

 . Nuclear Facilities, NUREG-0586,     U.S. Nuclear Regulatory Commission, Office !

i

 -o'f Nuclear Regulatory Research, Washington, DC, August 1988.

l l VII. PERSONS CONTACTED: None. j 1 8 i

I ATTACHMENT 5 PUBLIC ANN 0UNCEMENT 1 i I

Sedistc/ l NRC PROPOSES REVISIONS TO GENERAL REQUIREMENTS FOR DECOMMISSIONING NUCLEAR POWER PLANTS l The Nuclear Regulatory Commission is considering amending its regulations for decommissioning nuclear power plants. The proposed revisions would reflect experience gained in recent decommissioning cases, clear up ambiguities in the current regulations and codify practices that have been used for some licensees on a case-by-case basis. Decommissioning refers to permanently removing a facility from service and reducing radioactivity on the property to levels that would permit termination of the license, in 1988 the Commission issued general requirements on decoinmissioning that included technical and financial criteria and dealt with decommissioning planning needs, timing, funding mechanisms and environmental review requirements. Since that time, several licensees have permanently ceased operations earlier than expected, without having submitted the decommissioning plan required under the current regulations. In addition, these licensees have l requested exemptions from some safety requirements to reflect their status of l no longer having fuel present in the reactor and therefore having a greatly reduced risk of accidents. Since the regulations did not entirely fit the situations, these cases were handled individually on a site-by-site basis. The Commission believes

                ~

that the proposed amendments would bring increased efficiency and uniformity to the deconsnissioning process. The proposed regulations would require that: ( l l 1 1 1

f' i l (1) Within 30 days after a nuclear power plant licensee decides to cease operations permanently, the licensee must submit a written certification to the NRC and 1 (2) When the licensee permanently removes nuclear fuel from the reactor vessel, the licensee must submit another written certification to the NRC. When the NRC receives these certifications, the licensee's authority to operate the reactor or load fuel into the reactor vessel will be removed by regulation. This would entitle the licensee to a fee reduction and eliminate the obligation to follow certain requirements needed only during reactor operation. Within two years after submitting the permanent cessation of , l operations certification, the licensee would have to submit a post-shutdown I decommissioning activities report (PSDAR) to the NRC. This report would provide a description of the licensee's planned decommissioning activities, along with a schedule for their accomplishment, and an estimate of expected ) costs. The PSDAR would also include a discussion whether environmental impacts associated with the site-specific decommissioning activities have already been considered in previously prepared environmental reports or environmental impact statements. If not, the licensee would have to submit an environmental report on the additional impacts far NRC's consideration and possible preparation of an environmental iripact statement. After receipt of a PSDAR, the NRC would publish a notice of receipt, make the PSDAR available for public comment, and hold a public meeting in the vicinity of the plant to discuss the licensee's plans. Ninety days after the NRC receives the PSDAR, and generally 30 days after the public meeting, the licensee could under certain conditions begin to l 2

I l perform major decommissioning activities without specific NRC approval. These activities could include permanent removal of major components such as the reactor vessel, steam generators, large piping systems, pumps and valves. The proposed regulations state that the major decommissioning activities that could be conducted without specific prior NRC approval must not: (1) Foreclose release of the site for possible unrestricted use, (2) Significantly increase decommissioning costs, (3) Cause any significant environmental impact not previous reviewed, or (4) Violate the terms of the licensee's existing license. If any major decommissioning activity would not meet these terms, the , l licensee would have to submit a license amendment request, which would provide i an opportunity for a public hearing. The revisions to the regulations would also allow licensees to use some money from their NRC-required decommissioning trust funds without specific NRC approval, provided the withdrawal of money (1) would be for expenses for legitimate decommissioning activities, (2) would not reduce the trust fund below an amount necessary to place and maintain the reactor facility in a safe storage condition if unforeseen conditions or expenses arise and (3) would not inhibit the licensee's ability to complete funding of any shortfalls in the funds needed to ensure the ultimate release of the site and termination of the license. A total of 23% (3% initially and 20% after submittal of the PSDAR) of a generic amount specified in the regulations could be used by the licensee for decommissioning activities without prior NRC approval. The remaining ! decommissioning trust funds would be available to the licensee when the l 3

l licensee submits a detailed site-specific decommissioning cost estimate to the NRC. Reactors that are permanently shut down and have no fuel in the reactor I vessel have a reduced probability of accidents. The proposed rules would therefore eliminate or revise operating reactor requirements that the Commission has determined have limited or no applica^ o ility to these plants. The proposed revised regulations require that, before completing decommissioning and within a storage period up to 60 years, the licensee must submit an application to the NRC to terminate the license, along with a license termination plan. This plan would have to contain a description of the locations, types and amounts of radioactivity on site; a description of any remaining dismantlement activities to be accomplished; plans for site cleanup; detailed plans for a final radiation survey; a description of the planned end use of the site (if it will not be relecsed for unrestricted use); an updated site-specific analysis of remaining decommissioning costs; and a supplement to the environmental report describing any new information or j significant environmental change associated with the licensee's rroposed decommissioning activities. The NRC would publish a notice of receipt of this license termination i plan and provide an opportunity for a public hearing. ) i After completion of the hearing and resolution of public comments, and after the Commission is satisfied that the approved plan has been properly implement ed, the Commission would terminate the license. Most of the changes in the proposed regulations would apply only to 1 liransed nuclear power reactors that produce electricit, However, some of l l 4 l

L the proposed changes would apply also to university research reactors and other non-power reactors. They include: (1) When a power roactor licensee submits a license termination plan, or a non-power reactor licensee submits a decommissioning plan, if the licensee were to propose restricted release of the site, the licensee would have to evaluate the environmental effects of that restricted release. (2) A license that has expired is not terminated until the Commission notifies the licensee in writing that the license is terminated. During any period of continued effectiveness beyond the license expiration date, the licensee is prohibited from oferating the facility and must limit activities to actions necessary to decommission and decontaminate the facility or actions necesse..y to maintain the facility in a s'fe condition. Details 'of the proposed regulations are contained in a Federal Register notice published on . Interested persons are invited to i submit written comments by (75 days after publication of the Federal Register notice) to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and Service Branch. Comments may also be submitted electronically via the NRC Electronic Bulletin Board on FedWorld. j 5

E l l l l I L i l l ATTACHMENT 6 i CONGRESSIONAL LETTERS l 1 l i l I

n Seus'Sebl s W **v y *4 UNITED STATES j

     ,[                            NUCLEAR REGULATORY COMMISSION '

t. WASHINGTON, D.C. 2000dH1001 4

9***** The Honorable Lauch Faircloth, Chairman Subcomittee on Clean Air, Wetlands, Private Property and-Nuclear. Safety Comittee on Environment and Public Works - l Un_ited States-Senate Washington, DC 20510

Dear Mr. Chairman:

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

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

nuclear power reactors. and provide for public participation in the process. The proposed. amendments would clarify ambiguities in the current regulations and codify practices which have been utilized for other licensees on a case--

          -by-case basis.

As proposed the licensee would submit a report of the planned activities to the NRC. The NRC would then hold a public meeting to discuss the planned activities- and hear public coments on the proposed activities. Within 30

         ; days of the public' meeting licensees would be permitted to begin decomissioning activities. Licensees would be permitted to access a. limited lTamount-1             (up ~tofee he licensing      23%) of their would alsodecomissioning be substantiallyfundsreducedwithout prior the because     NRC   approval.

license would no longer meet the definition of an operating license as specified in. the requirements. Sincerely, e Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice

         -cc: Senator Bob Graham      L

l l ATTACHMENT 7 REDLINE / STRIKE 0UT VERSION OF FRN 1 I l I 1 i l I

                                                                   )%t hnc. .Shileok w:sfon       08 n.v:. sed   FAN

[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 release of the property.

The proposed amendments would clarify ambiguities in the current rule and codify practices which have been used for other licensees on a case-by-case basis. SomeIpfoposiinifinisiindnesty hsyRalsi![made [fo(jfp6istibfidl atifidat@

#QHRiedufa]jjispli fijtiatioQ6{Jri6nMoweF]Eesct;orjy

-DATES: The comment period expires (90 days after publication in the Federal Register). Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date. 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 Room, 2120 L Street NW. (Lower Level) Washington, DC.

F I Comments may be submitted electronically, in either ASCII text or Word Perfect 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 communication 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 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 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: I

 . fedworld. gov ('192.239.92.3); File Transfor 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)). j If using a method other than the NRC's toll free nuinber to contact , 1 FedWorld, then the NRC subsystem will be accessed from the main FedWorld menu by selecting "F - Regulatory, Government Administration and State Systems" or i by entering the command "/go nrc" at a FedWorld command line. At the next I menu select "A - Regulatory Information Mall," and then select "A - U.S. i l l 2 l l

l ! Nuclear Regulatory Commission" at the next menu. If you access NRC from i FedWorld's "Re'gulatory, Government Administration" menu, then you may return l l to FedWorld by selecting the " Return to FedWorld" option from the "NRC Main  ; l 1 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 system. For more information on NRC bulletin i boards call Mr. Arthur Davis, System.- Integration and Development Branch, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-5780; e-mail AXD30nrc. gov. FOR FURTHER INFORMATION CONTACT: Dr. Carl Feldman, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301)-415-6194, Anthony W. Markley, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301)-415-1169, or Bradley W. Jones, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-  ! 1628. I SUPPLEMENTARY INFORMATION: I. Background. II. Existing Regulatory framework and Need for the Amendments. Ill. Clarification of the Applicability of 10 CFR Part 50 to Permanently Shutdown Nuclear Power Plants. IV. Criminal Penalties Provisions. 3

I. Background When the decommissioning regulations were published and adopted on June 27,1988 (53 FR 24018), 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 previously having submitted a decommissioning plan. In addition, these licensees have requested exemptions from certain operating requirements because, without fuel present in the reactor, they are no longer needed. Each of these cases has been handled individually without clearly defined generic requirements. 1 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 I specific cases. The Commission believes that the proposed amendments would enhance efficiency and uniformity in the decommissioning process for nuclear power reactors. The proposed amendments would allow for greater public participation.in the decommissioning process and furnish the licensed community and the public a better understanding of the process as the i operating personnel at a nuclear power reactor facility undergo the transition from an operating organization to a decommissioning organization. This rulemaking would address the process which begins with a licensee's decision to permanently cease operations at the facility and concludes with the Commission's approval of license termination. These rule revisions would reduce regulatory burden while providing greater flexibility for implementing 4

l l [ decommissioning activities. This would result in resource savings through a I more efficient and uniform regulatory process. l The conceptual approach the Commission has chosen divides power reactor 1 decommissioning activities into phases I, II, and III. Phase I younishEs5Nith Lt@sffettM[datsi)ffpyr#Wehtifsi;iht%6ff6psrs;tibsgjdd deals with thase licensee activities that the licensee undertakes before placing the power reactor in a storage mode. Phase II deals with licensee activities during the 1 storage period, and Phase III deals with the activities the licensee i undertakes to terminate the license. The implementation of this approach ); comprises the following aspects. Dufibg^.t the initiatien cf Phase I, I certifications would be provided to the NRC that the licensee has permanently ceased operations and permanently removed all fuel from the reactor vessel. i At this time, the licensee would be prohibited by regulation from operating the reactor. In addition, many Part 50 requirements are either unnecessary fellewing per :nent shutdcen Of the f::ility or would require modification to appropriately reflect the non-operating status of the facility. Thus, the proposed rule would also make changes to Part 50 requirements to reflect this changed status of the facility during the decommissioning process. The licensing fee would also be substantially reduced because the license would ist{ meet [the;[dsfifitionMffas?bpstagng{ljsesssfilijlsfined:::t the reduced fee requirc ent: :: pecified in 10 CFR 171.5. . Based (on!thissyF6pbssd [sgul.itbrj[thadge5}a l poser [reactogl i dediee];wssidih6]16his6heidi t6Ishtii hl!a possessjonionlilliitenselamendmeht[(POLA)]toTobtais fsgh1.atl6Fi[relisfihen permanently;shstidoWngasfebrrentl[mustibs[done!JHossVsMfoM@nipswep rsatto611csnsusQif POLA(wohlfstillJ bel 1lssssd!l I l l 5

i i l l Although no major decommissioning activities, as defined in 10 CFR 50.2, l would be allowed initially, limited licensee decommissioning trust funds would be made availabie for planning purposes and early activities. The remaining ) l decommissioning funds would be made available after rese4pt 5;ubmi;tt;iHtMthe l NRC of the licensee's detailed decommissioning cost estimate. Before 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 of decommissioning. The NRC, within a 90 t day period, would inform the public of the licensee's intent to decommission, celicit sake [t.hilPSDARish;ilableifoi public comment, and hold a public meeting in the vicinity of the site to describe the planned activities and hear additional public comments. The] pub 11(mestihgfdilMn6fnally[be))61 d!;it))ea st 30 idif'sT he fo reithe;[90! day 3eri 6dI6fs ti ms ? After a chcrt thir;ii90? day period of time (90 days) fer the "RC to cencider public cc ent: :nd revice PSDAR prepes:10 fer centistency eith the facility 'icen 0 :nd the Cc-iccien's regulations, the licensee could begin majordecommissioning(i.e., dismantlement)activitiesbnles53the;NRC interpoieFinTobjectiongis As allowed under the current 10 CFR 50.59, the

 . licensec eculd be permitted te undertake activitic: t the 'icensed facility i   without prior NRC approval. Herever, the preccc: previded in this rule eculd require :dditien:1 netice to both the "RC and the public before 10 CFo 50.59 i: :cd te undert:ke decc =tssicr ng-related activitics. Additional criteria i

would be added to i 50.59 specifically pertinent to decommissioning activities. This process will allow closer NRC oversight and better public 6

E i L knowledge of these activities. Further, should the licensee make any , i significant changes to the PSDAR activities and schedules, which NRC l anticipates may occur as a result of such factors as ht]ljiit;jid[6fjhes l 's iinissii d1 d co. n, - H gi._teEWh. 616(jIiEiEE..sii.?ts._116W 1&_s_lTWistis,,f,a. E1.11 tis.s licen:ce

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cen fder: tion Of public : r:nt er cen.ider:tien cf :dditien:1 " fem:tien devel: ped during deceristien'ng ::tivitic:, the licensee would be required to give NRC prior notice before implementing those changes. After an optional period of storage (Phase II), Phase III would be-initiated when the licensee's application to terminate the license and license termination plan were received by the NRC. At this time, a supplemental environmental report would also be required if there were the possibility of significant environmental impacts not previously covered in other environmental impact statements. The Commission would notice receipt of this information and provide opportunity for a hearing, under Subpart L of 10 CFR 2.1201, on the license termination plan.2 After ccepletien Of : Subp:rt L he: ring en the t+pmin:tien phn, 'f :ny, the C ris:icn :: eld issue j

ter-in: tion of licen : ::endment in crporating the terrin:tien phn inte the l licen:ce': FS?? :nd perritting the licen ce te 'rplement the licence ter=in:tien pl:n. Once the licensee had completed implementation of the '

termination plan and the Commission had verified that the licensee had l satisfactorily-implemented the termination plan then, as in the existing rule, the Commission would terminate the license. Any[.SsbpRtlpie;a(16g]f66tiss lipinid$epmMifj on[pj apiamendmentimGstibe3omp]Etedjdodt63] cspsi timjnition] The7Ssbpst?L^ r6dsisFsillib6Tusedlundlthe7101CFR350T1idsnisWillibs tirwinited only siteWo"another/sifi:spe)ntifuelf has?beeniremovedifrom

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( i Thres Twe aspects of these proposed regulatory changes that can affect both power and non-power reactor facilities are addressed in the proposed rule for purposes of clarification. The first provides that environmental l requirements for conditional release situations be explicitly considered (10 l CFR 51), based on the proposed decommissioning residual radioactivity criteria l 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. Th47 third lcl a ri f fssithatfexi sti ng];;techni c'alypsEi fj datJ on;si fo6fesctofs?thitlafdinot hdthoFizedito[operite7Willfrema;iMffactjygsnti1#6mopsdMabdj fj edl bf license 2 amendment! Addi t i onal lpga'nia spEctI6 ff t he se]r6posedir'eg61htofy3hahyds { thhtj affectsTnonipoweF;reactoE:Jfac il i ti esii sladdressidlidit helpfop;osid Rul elf 6E PurposeslofipFoceduralfsimpl i ficati6n h iThs[fequi rement[jgthe?cu~rrentTruie that;prel imi naryldeuommt s;s ion i ng;pl ansibe[submi ttedifijslieaFs [pri 6E t6

 ~ permanent 1shutd.ownlorilicinseTekpiPation hasj;bienichangedit;o;[twofyearsitQtiks more? realiitic;isccountloff the[p1;anningiti;melperiodsfnecepsifilfor;;nonyeactor fa?ilitiesk * '                                                              .'j, ,
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as ;Fina11ysaiso forl purposes 70fyroceduralysiinplifjcat;ionEah?ispectiof t he seTp ropo'sedJfegul a torif ch ange s[tha t*a f fects; bot hlpoW4 riahd [nonipowe r feactorff acil i t i esli sithitithe Lapprovedidecommi;s s i oni ngj: pl an;ifofithelnonEpowe r reict6r;ifacilitiesforithe;:E spprov~ed ; 1) den se(te rmi n ati on[pl.an[forlt helpwe r re; acto 6fas.ilities:beTmade pirtiofithe1FSARWhislaff6rdsithe" licensee fl eki bil i tyli nTmaki ng; ce rt a l[changesT to; the s e; pl an s? wi th6stWfo rmal i i'ed imendment: process!which(wouldotherwiselbe"necessari?

l l 8

On August 22,1994 (59 FR 43200), the NRC published a proposed rule on radiological criteria for decommissioning for comment. Section 20.1406(b) of the proposed rule would require that a Site Specific Advisory Board (SSAB) be convened in cases where a licensee proposes to request restricted release of the site. On December 6-8, 1994, a workshop on this issue was held in Washington, DC. The objective of the workshop was to conduct a discussion among affected interests on the implementation of the SSAB requirement. The ] I current rule is not prim:rily intended to address the comments on the radiological criteria rule for decommissioning. However, the staff was cognizant of the comments made in that workshop and the language contained in this proposed rule does address the concern for early public information and I participation raised in that forum. The staff will more directly address the 1 workshop comments in the development of the final rule on the radiological criteria for decommissioning. If finalization of the radiological criteria rule requires any modifications to the current proposed rule, those modifications will be made as part of the radiological criteria rule development process. II. Existing Regulatory Framework and Need for the Amendments The Comrission 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 I j and safety. 9 l

i The current rule requires a licensee to submit a preliminary decommissioning plan 5 years before permanent cessation of operations, with a l site-specific cost estimate, and an adjustment of financial assurance funds. A detailed decommissioning plan must be submitted to the NRC within two years after permanent cessation of operations. At that time, a supplemental i 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 detailed decommissioning plan contains an updated 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 (although case-specific exceptions have been made). i Finally, aside from the licensee voluntarily informing the public about l decommissioning activities, very limited public input or participation is formally required in the current rules. However, public meetings and informal hearings have been held for plants undergoing decommissioning for case-specific situations. 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 to perform decommissioning activities provided certain constraints are met. The proposed rule would make the decommissioning process more responsive to current licensing needs and improve the process in the areas of understandability, efficiency, and uniformity. After the l 14censee per=nently ec::c eper:tien :nd rc=ve fuel frem the re:eter vessel (initiatien cf Ph::e I cf the dece=i :icning precess), the Cc=iscien believe: th:t, just :: i- the current rules, the 'icen:ce cheuld be permitted 10

1 t te perfer- -iner cintencnce cctivitic: thrcugh the u:e cf the 10 CFR 50.59 j prece :. During the Phase I process, proposed i 50.82(a) provides that, within two years of permanently ceasing operations, a post-shutdown decommissioning activities report (PSDAR) must be submitted to the NRC. The PSDAR would include a description of the licensee's planned decommissioning activities and a schedule for their accomplishment, an estimate of expected costs, and a discussion addressing whether or not the environmental impacts associated with  ! i site-specific decommissioning activities will be bounded by existing i environmental impact statements. Upon receipt of the PSDAR, the NRC will announce in the Federal Register receipt of the report, Makeij;thEP;SDAR aVailabMfof requent public comment, and announce the location and time of a public meeting to be held in the vicinity of the reactor facility site to discuss the licensee's plans.' Section 50.82(a) further states that after the NRC receives (irtifjcatio[ofpefninentlyem6ykli6fllUselfdelQrbelths feibtofpsieQnd90daysaftertheNRCreceivesthePSDAR,thelicenseemay j begin to perform major decommissioning activities if the activities meet the requirements in i 50.59. This would generally occur 30 days after the public meeting. i The provisions of 5 50.59 presently allow the licensee to make changes to the facility during operation without express NRC approval if these changes meet the condi.tions listed in i 50.59, and the licensee prepares snd[gsinthins a written safety evaluation that provides the basis for their determination

• Therbits:nothirig~th'atiprsvoistsfallicenseeffpomTdese16pingTandTsubsnittini the?_ PSDARL i nd the;NRC from;holdingsthe[publijcimeeting pri_oritodthelpermanent cessation [ofioperations]

l 11

i th'at the planned changes meet the criteria specified in the regulation. The ! NRC inspects these evaluations periodically to ensure that the licensee is.- ) l complying with the regulation. To ensure that licensees adequately address L the unique circumstances-associated with decommissioning activities, the Comission is , proposing to include additional criteria for the use of 5 50.59 during decommissioning. The criteria would apply to both power and non-powar- ! reactors, although non-power _ reactor licensees could not perform decomissioning activities as defined in i 50.2 until they had an approved decomissioning ' plan - as in the current rule. The Comission proposes that in using the i 50.59 process for post-shutdown activities the licensee must. meet the following criteria which provide.that the proposed activities must not: (1) foreclose release of the site for possible unrestricted use, (2) significantly increase decomissioning costs, (3) cause any significant environmental impar.t not previously reviewed, or (4) violate the terms of the licensee's existing license. To undertake any activity that would not meet-these criteria, the licensee must submit a license amendment request, as is ! currently the requirement under i 50.59(c). The Commission proposes to codify the position embodied in the draft policy statement "Use of Decomissioning Trust Funds Before Decomissioning j Plan Approval" (59 FR 5216; February 3,1994) that the licensee should be L allowed to use decommissioning trust funds subject to certain criteria. The l [ criteria presented in the draft policy statement have been modified in the proposed rule in response to public coments. The Comission recognizes the need for the licensee to provide adequate financial assurance to complete decomissioning at any time during operation, up to and including the

 ' termination of license, and is proposing criteria, along with criteria that 12 l

l: ! specify~when and how much of these trust funds can be used, to ensure that L ! licensees maintain adequate funds to complete decommissioning. In accordance ! with.the-current rule, the Comission proposes to retain, under i 50.75(f), i l the requirement for site-specific cost estimates 5 years before and within two years after the licensee's declaration of permanent cessation of operations. IfsI N kN5I5NNNN$@ MENININ3IIEN NIN N NiNI$W8dE8 D IIMIO E ! M sI W M 92 M W W M MiE HIiu911ts! M Mi E 23t#i!E1EE B M ! aiWEMR#NfREEmaastHi(#tiWi6fibehit#E9EHEIM!EMi Nf53EN! M IS I 5iNII N id N5I5f5$ N TgpfflM j((p M Djf d Once the NRC has received the.11censee's certification of permanent cessation of operations,

  'decomissioning trust funds could be used by the licensee. However,.the withdrawal of funds would be subject to the following criteria: (1) The withdrawals are for expenses for legitimate decommissioning activities consistent with the definition of decomissioning in i 50.2;       (2) The expenditure would not reduce the value of the decomissioning trust below an amount necessary to place and maintain the licensees reactor in a safe storage.

condition if unforeseen conditions or expenses arise and; (3) The withdrawals would _not inhibit the ability of the licensee to complete funding of any L shortfalls in the decomissioning trust needed to ensure the availability of funds to ultimately release the site and terminate the license. The proposed rule would permit, under i 50.82(a)(7), that 3 parcent of L the generic decommissioning cost amount, specified in i 50.75, could be used I l by the licensee initially for decommissioning planning and minor decomissioning activities. Following the 90 day waiting period after the NRC has. received the licensee's PSDAR sndjjertifijatlo@of[pehihintMemovallof fs]l((es%ImactoRyesiie}, an additional 20 percent could be used to l 13 I i

commence major decommissioning activities. Finally, the proposed rule would require a site-specific cost analysis to be submitted to the NRC prior to the licensee being permitted to use any funding in excess of 23 percent of the generic cost estimate, 'andMinjan93asQWilthjs12J ehfslofjirmaninticesslatid DC55YhtID50 After an optional period of storage (Phase II of the decommissioning l process), 5 50.82(a)(8) of the proposed rule would require the licensee to complete decommissioning by submitting an application to terminate the license l along with a license termination plan. This would initiate Phase III of the decommissioning process. This process is similar to the requirements in the current rule for a power reactor licensee that has permanently ceased operations and decides to go into a storage mode. The current rule allows a less detailed decommissioning plan initially, with the more detailed plan  ; nearer to the completion of decommissioning because more accurate planning can i be accomplished. The termination plan would contain similar elements for ' consideration as the current rule requires. In particular, the proposed rule ! would require that the termination plan contain a site characterization, a < description of remaining dismantlement activities fif@ni), plans for site remediation, detailed plans for the final radiation survey, a description of l the end tise of the site (if restricted), an updated site-specific analysis of I l remaining decommissioning costs, and a supplement to the environmental report, as required by 5 51.53, that describes any new information or significant environmental change associated with the licensee's proposed decommissioning activities. l The NRC would notice receipt of the license termination plan as a license l amendment and provide opportunity for a 10 CFR Part 2, Subpart L, hearing, as 14 i

l specified in i 2.1201(a)(3), if the spent fuel had been removed from the 10 CFR Part 50 licensed site ahdjtpanifsFFeditblanTauthor~izedJfaci]itj. Otherwise, there would be opportunity for a 10 CFR Part 2, Subpart G, hearing, as provided for in the current rules. The license could not be terminated if fuel were located on the site covered by the 10 CFR Part 50 license. The Subpart L hearing is appropriate for the nature of a permanently shutdown facility where the spent fuel has been removed from the 10 CFR Part 50 site and! transferred?toihniauthorikedlfahjljti,sincethedefueledsiteis analogous to materials licen ees that typically use Subpart L hearings for license amendments. Appropriate conforming amendments have been proposed for 10 CFR 2.1205 and 50.91 to reflect the application of Subpart L hearings to 10 { CFR Part 50 license amendments following removal of the fuel from the 10 CFR f 1 Part 50 licensed site anditralisferreditd7a~nlauthorizedjaci]ity. Section 50.82(a)(9) would specify that :fter resciutien cf :ny ce m ent: nd cc=pletien ef :ny h:: ring Sc1d en the re';ucst for termin:tien pl:n :pprev:1, the Commission would approve the termination plan and the plan would become part of the FSAR. (Similarly, for non-power reactors, the decommissioning plan would become part of the FSAR or equivalent. Fcr ncn power rc :ters, +he prcpened rule eculd change the subritt:1 cf the decercicciening plan te tec ye:r: before cessction Of Operation bec:w:0 fer the c facilitic; this i: : more-realistic planning tecl.) As in the current rule, the licensee would then 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 rule regarding l power reactors, definitions of permanent cessation of operations, permanent removal of fuel from the reactor vessel, isjof decommissioning activity, major 15 l

i i l radioactive components and certified fuel handler, would be codified in 5 50.2. Because a licensee could choose to undertake major decommissioning activities at the reactor facility 90 days after the NRC receives the PSDAR, itisimportanttodefinewhat"m46hdecommissioningactivity"means. The definition chosen is, for a nuclear power reactor, any activity that results in permanent removal of major radioactive components, peFmanent]y modifies the structure of the containment, or results in dismantling components for shipment containing greater than class C waste. Accordingly, " major I 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, and other large components that are radioactive. Written communication requirements for licensee permanent cessation of operations and permanent removal of fuel from the reactor vessel would be specified in il 50.4(b)(8) and (9). The initiatier cf PS::e I cf the , dece--insiening prece : =uld cccur ence the ".C receive : ferm:1 dec1:ratien

 #cm the licen:ce th:t the licen ce 5 : per enently cc::cd Oper:tien and that   ;

l all feel h:: been rencved frem the reacter ves cl. The licensee would be required to state the date on which operations will cease, or have ceased, in its certification of permanent cessation of operations. The licensee, in its certification regarding permanent removal of fuel from the reactor vessel,  ! i would state the date on which the fuel assemblies were removed and their disposition. Because of previous case-specific requests the Nhc has received from j licenses for exemptions from o erating requirements in recognition of the permanent shutdown of the facility and permanent removal of fuel from the l 16 l 1

r reactor vessel, the Commission has undertaken an analysis to determine the appropriateness of applying certain 10 CFR Part 50 requireinents during the post-shutdown period of the facility. The results of a portion of that study are presented in Section III of this rule. This proposed rulemaking primarily addresses power reactor facilities because, unlike non-power reactor facilities, a delay of up to 60 years between the time of permanent cessation of operations and license termination can occur. 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 three aspects of these proposed regulatory changes that can affect both power and non-power reactor facilities. These aspects are addressed in the proposed rule for purposes of clarification. The proposed rule includes requirements for conditional release situations, as discussed in  ; the proposed decommissioning residual radioactivity criteria rule (59 FR 43200; August, 22,1994). Proposed i 51.53(b) (and correspondingly, under proposed 5 51.95 for NRC staff requirements) states that environmental considerations of the decommissioning activities must be explicitly considered l during the licensee's request for decommissioning plan or license termination plan approval.- Proposed i 50.51(b) states that a license that has expired is  ! not terminated until the Commission notifies the licensee in writing that the license is terminated. The proposed reqtirement further states that during 3 any period of continued effectiveness beyond the licensae's stated expiration date, the licensee: (1) Is prohibited from operating the .?roduction or ' utilization facility; (2) Must limit activities to actions necessary to decommission and decontaminate the facility, or actions necessary to maintain 17 l

the facility, including the storage, control and maintenance of the spent fuel in a safe condition and; (3) Must conduct activities in accordance with all other restrictions applicable to the facility in NRC regulations and provisions of the specific Part 50 license for the facility. This provision is consistent with NRC requirements for other licensees and avoids any gaps in the licensing of regulated facilities. This same rationale applies to both l power and non-power reactors. Accordingly, this clarification would also pertain to non-power reactors. Fi nal ly% pfoposed il! 50 ? 3.6(c ) (6) land [(e), clariffthatifoMFeactofsithatyellWot]isth;oriied[toJopefatefexis. ting te'c hnicallspecificationsliwillyemain~effectLijelbhtf17emovedMaodifiydj'bj liicenselamendmenth III. Clarification of Applicability of 10 CFR Part 50 to Permanently Shutdown Nuclear Power Plants Once a decision has been made to permanently cease operations of a nuclear power reactor, the proposed rule would require that the licensee must l notify the NRC, by certification, that the nuclear power reactor has ceased l operations and that fuel has been permanently removed from the reactor vessel. Then, by NRC regulation, the licensee's authority to operate the reactor or to maintain or place fuel in the reactor would be removed, as specified in proposed 5 50.82 (a). This non-operating status would provide a basis to remove regulatory requirements that are no longer necessary to protect the public health and safety. l Licensees have historically pursued relief from these requirements by means of obtaining license amendments and exemptions. This process has placed i 18

significant resource burdens on both licensees and the Commission. After a l nuclear power reactor is permanently shutdown and awaiting or undergoing decommissioning, certain regulations, which are based on power operation, are no longer necessary. 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 applicability to permanently shutdown nuclear power reactors. The following paragraphs discuss technical requirements that have been determined to have limited or no applicability and require clarification or modification of their applicability to permanently shutdown nuclear power

 -reactors. Once the technical review is completed, future rulemaking may be forthcoming to address the applicability of additional technical requirements to non-operating reactor.s.

A. Technical Specifications The requirements for technical specifications are found in 10 CFR 50.36. The applicability of 10 CFR 50.36 to the operational phase of a nuclear reactor is clearly understood. However, the existing regulation has caused uncertainty as to its applicability to the permanently shutdown 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 i of the license in the permanently shutdown and decommissioning phase of a nuclear reactor. The Commission recognizes that technical specifications 19

i i l j 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. Existing technical specifications will remain effective until removed or modified by license amendment.

B. Technical Specifications for Effluents Effluent technical specifications are found in 10 CFR 50.36a and Appendix I. The applicability of 10 CFR 50.36a and Appendix I to the operational phase of a nuclear power plant Lis clearly understood. However, the existing I I regulation has caused uncertainty as to its applicability to the permanently i i shutdown and decommissioning phase of a nuclear power plant. The Commission j is proposing t,o 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 l 1 of a nuclear power plant. l C. Environmental conditions Requirements associated with environmental conditions are found in 10 CFR 50.36b. The applicability of 10 CFR 50.36b to the operational phase of a nuclear power plant is clearly understood. However, the existing regulation l L has caused uncertainty as to its applicability to the permanently shutdown and i decommissioning phase of a nuclear power plant. The Commission is proposing l to amend 10 CFR 50.36b to clearly indicate that conditions to protect the i 20 l l

I l l ! environment remain a part of the license and are required during the permanently shutdown and decommissioning phase of a nuclear power plant. I 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 concentratian, 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 shutdown power reactor. A nuclear power plant that has permanently ceased operations and permanently removed all of its fuel outside of primary containment no longer presents challenges to the reactor pressure vessel and primary containment from accident-generated combustible gases, and such concerns are no longer an issue. Therefore, the Commission is proposing to amend the requirements in 10 CFR 50.44 to indicate its nonapplicability to this situation. E. Emergency Core Cooling Systems (ECCS) Acceptance Criteria The acceptance criteria for ECCS for LWRs are found in 10 CFR 50.46 and in Appendix K. These regulations require that the ECCS be designed to provide for loy term cooling by limiting post LOCA peak cladding temperature, clad 1 21 l l

oxidation, and hydrogen generation to specified values. Without fuel in the vessel, ECCS systems are not required because a design basis LOCA could not ! occur. Therefore, the Commission is proposing to amend 10 CFR 50.46 and 1 Appendix K to indicate their nonapplicability to a nuclear power reactor facility that has permanently ceased operations and has permanently removed fuel from the reactor vessel. F. Fire Protection Section 50.48 does not address fire protection for power reactor facilities that have permanently ceased operations and permanently removed fuel from the reactor vessel. However, the facility still remains radioactively contaminated and may (and most likely will) maintain fuel at the facility. Sec' tion 50.48(f) has been added to the proposed amendments to require licensees that have permanently ceased operations and permanently removed fuel from the reactor vessel to maintain a fire protection program. The proposed rule permits the licensee to make changes to the fire protection program without NRC approval if these changes do not reduce the effectiveness of fire protection for facilities, systems and equipment which could result in a radiological hazard, taking into account the decommissioning plant conditions and activities. G. Environmental Qualification I l' The regulations for equipment qualification (EQ) are found in 10 CFR 50.49. The regulations cover that portion of equipment important to safety 22

r I commonly referred to as " safety related." Safety related structures, systems, and components (SSCs) are those that are relied upon to remain functional during and following design basis events to ensure: (1) the integrity of Ae l reactor coolant pressure boundary, (2) the capability to shut down the reactor 1 and maintain it in a safe condition, and (3) the capability to prevent or l mitigate the consequences of accidents that could result in potential offsite exposures comparable to the guidelines of 16 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 (1) through (3). 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 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 Comtission 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 be subject to the requirements of 10 CFR Part 50, Appendix J. This appendix requires periodic testing to verify the leak-tight 23 l l

I integrity of the primary containment and those systems and components that penetrate the containment. The primary containment of an operating reactor is one of several fission product barriers designed to protect the public health and safety in the event of a design basis accident such as a LOCA. Once a nuclear power reactor permanently ceases operations, the fuel is removed from the reactor vessel and placed in the spent fuel pool or an independent spent fuel storage installation (ISFSI). After the fuel has been removed from the reactor vessel, a LOCA can no longer occur. Therefore, leakage testing of the containment is no longer necessary. As a result, the Commission is proposing to amend 10 CFR 50.54(o) to indicate its nonapplicability to a nuclear power reactor facility that has permanently ceased operations and has permanently removed fuel from the 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. These regulations serve to ensure that emergency action decisions necessary to protect the public health and safety are made by an individual , who has both the requisite knowledge and plant experience. The licer sed senior operator at an operating nuclear power reactor has the requisite 24 l

knowledge and experience to evaluate plant conditions and make these judgments. The Commission is proposing to amend 10 CFR 50.54(y) to permit a certified fuel handler at nuclear power reactors that have permanently ceased operations and permanently removed fuel from the reactor vessel, subject to the requirements of i 50.82(a) and consistent with the proposed definition of " Certified Fuel Handler" specified in 5 50.2, to make these evaluations and judgments. A nuclear power reactor that has permanently ceased operations and no longer has fuel i' the reactor vessel does not require a licensed

;.idividual to monitor core conditions. A certified fuel handler at a permanently shutdown and defueled nuclear power reactor undergoing decommissioning 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 operational occurrences. After the fuel has been removed from the reactor vessel, accidents and transients that affect the integrity nf the reactor coolant pressure boundary e no longer occur. The measures required by these regulations are no longer necessary. Therefore. the Commission is proposing to amend 10 CFR 50.60, 25

I l ' ~ 50.61, and Appendices G and H to indicate their nonapplicability to a nuclear power reactor facility that has permanently ceased operations and has i permanently removed fuel from the reactor vessel. I K. Anticipated Transient Without Scram Requirements ) The purpose of 10 CFR 50.62 is to require improvements in the design and i operatin 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 anticipated transient without scram (ATWS) event. Although the ATWS event can be a significant contributor to operating plant risk, it is not relevant to nuclear power plants that have permanently ceased operations and have permanently removed fuel from the reactor since the RPS is no longer needed. 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 I 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 shutdown and decommissioning phase of a nuclear power plant, the Commission is proposing to amend 10 CFR 50.65 to clearly indicate that the licensee must monitor the performance or condition l 26 l l l

of all structures, systems, and components required during the permanently shutdown and decommissioning phase of a nuclear power plant subject to the requirements of 550.82(a). M. Maintenance of Records and the Making of Reports The requirements for licensees to periodically update the Final Safety Analysis Report (FSAR) are contained in 10 CFR 50.71. The regulation requires that " persons' licensed to operate a nuclear power reactor" update the facility FSAR annually or after each refueling outage with intervals not to exceed 24 months. In order 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 operations, pursuant to i 50.82(a)(1). IV. Criminal Penalties Provisions The existing provisions of 10 CFR 50.82 are treated as nonsubstantive and are not subject tc criminal enforcement. Under the Commission's proposed amendments to 10 CFR 50.82, licensees would be required to take certain actions which the Commission believes are essential in initiating the decommissioning process; 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 l

l should be considered as substantive and issued under Sections 161b, 1611, or 161o of the Atomic Energy Act of 1954, as amended. Accordingly, the 27 f t

l

                 .                                                                 I Commission is proposing to r                 A.111(b) to remove the exemption for 5 50.82 from the crimina.       < , , ...  ; ions.                                1 Finding of No Significant Environmental Impact Availability 4

The Commission has determined 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 i clarify curren,t decommissioning requirements for nuclear power reactors in 10 i CFR Part 50, and set forth a more efficient, uniform, and understandable l 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. i l Paperwork Reduction Act Statement This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) This 28

T i i l l 1 V l rule has been submitted to the Office of Management and Budget for review and approval of the information collection requirements. The public reporting burden for this collection of information is j estimated to average 2 hours per licensee, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the j l data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the

                                                                                  )

Information and Records Management Branch (T-6 F33), U.S. Nuclear Regulatory j Commission, Washington, DC 20555-0001, and to the Desk Officer, Office of  ; Information and Regulatory Affairs, NE08-10202, (3150-0011), Office of l Management and Budget, Washington, DC 20503. Regulatory Analysis The NRC has prepared a draft regulatory analysis of this proposed regulation. T'he analysis qualitatively examines the costs and benefits of the alternatives considered by the NRC. The draft regulatory analysis is ) l available for inspection in the NRC Public Document Room, 21201. Street NW. )

                                                                                  ~

l (Lower Level), Washington, DC 20555. Single copies of the analysis may be l obtained from Dr. Carl Feldman, Office of Nuclear Regulatory Research,- U.S. l i i Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-6194. l The Commission requests public comment on the draft regulatory analysis. Comments on the draft analysis may be submitted to the NRC as indicated under I~ the ADDRESSES heading. 29

Regulatory Flexibility Certification , 1 l 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 l Flexibility Act or the Small Business Size Standards promulgated in regulations issued by the Small Business Administration (13 U.S.C. Part 121). I , Backfit Analysis I l ! The Commission is proposing not to apply the backfit rule,10 CFR 50.109, i to these proposed amendments, and therefore, a backfit analysis has not been l prepared for this rule. The scope of the backfit provision in 10 CFR 50.109 1 is limited to construction and operation of reactors. These proposed l amendments would only apply to reactors which have permanently ceased operations and, as such, would not constitute backfits under 10 CFR 50.109. i List of Subjects I 10 CFR Part 2 Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear 30 l

I power plants and reactors, Penalty, Sex discrimination, Source material,

 ~ Special nuclear material, Waste treatment and disposal.

10 CFR Part 50 Antitrust, Classified information, Criminal penalties, Fire protection, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements. 10 CFR Part 51 1 Administrative practice and procedure, Environmental impact statement, j Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements. i For reasons set out in the preamble and under the authority of the Atomic ! Energy Act of.1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendments to 10 CFR Parts 2, 50, and 51. i 1 I PART 2- RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS l

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. i 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 2C1, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552. 31

l l 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, l 2093, 2111, 2133, 2134, 2135); sec. Il4(f), Pub. L. 97-425 96 Stat. 2213, as amended (42 U.S.C. 10134(f));_sec. 102, Pub. L. 91-190, 83 Stat'853, as 1 amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections l 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134,2135,2233,2239). Section 2.105 also issued under Pub. L. 97-415, 96 . Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. l 161b, i, o, 182, 186, 234, 68 Stat.'948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2236, 2282); sec. 206, 88 Stat. 1246 (42 U.S.C. 5846). Sections 2.600-2.606 also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 2.764 and Table 1A of Appendix C also issued under secs, 135, 141, Pub. L. 97-425, 96 l Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under , sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552. Section 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued l under 5 U.S.C 553 and sec. 29, Pub. L. 85-256, 71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. 91-560, 84 Stat. 1473 (42 U.S.C. 2135). Appendix B also issued under Sec. 10, Pub. L. 99 - 240, 99 Stat. 1842 (42 U.S.C. 2021b et. seq.). 32 i

2. In i 2.1201, paragraph (a)(3) is added to read as follows:

1 2.1201 Scope of subpart. (a) (3) The amendment of a Part 50 license following permanent removal of fuel from the site to an authorized facility for licensees that have previously made declarations related to permanent cessation of operations and permanent removal of fuel from the reactor in accordance with 5 50.82(a)(1). Subpart L hearings for the license termination plan amendment, if conducted, must be completed prior to license termination.

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3. In i 2.1205, papagrsphi](d)lthf6ugM(n)Sa@fedei]gnitedjas phragraphi[(iBthfougE(o)][a]eiijiFagfag(@)))MaddedyJand paragraph (d) 1s i revised to read as follows: i i 2.1205 Reauest for a hearina: petition for leave to intervene r

l (c) For amendments of Part 50 licenses under i 2.1201(a)(3), a notice of i I receipt of the application, with reference to the opportunity for a hearing under the procedures set forth in this subpart, must be published in the 33 l

l l Federal Register at least 30 days prior to issuance of the requested amendment l l by the Commission. l l' Lpf(.d)7Mpersongothe6thanTasJuppljcantifshallifilef ayequest} foEa headsglwithin f i (1) Thirty (30) days of the agency's publication in the Federal Register of a notice, which must include a reference to the opportunity for a hearing { l under the procedures set forth in this subpart, referring to either the l receipt of an application, or the granting of an application, in whole or in part, requesting a licensing action. With respect to an amendment described in 5 2.1201(a)(3), the Commission, prior to issuance of the requested i amendment, will follow the procedures in 5 50.91 and 5 50.92(c) to the extent necessary to make a determination on whether the amendment involves a i significant hazards consideration. If the Commission finds there are significant hazards considerations involved in the requested amendment, the amendment will not be issued until any hearings under this subsection are completed. 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, 68 Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 34

1 l l 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846). Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 as i 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 1 (42 U.S.C. 2131, 2235); sec. 102 Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

2. Part 50 tcble cf content title Section: 50.51 cnd 50.82 cre revised te reed 0; f+ Mews +

PART 50 00MESTIG-LICENSING 0F nRODUCTION AND UTILIZATION FACILITIES l 50.51 Centi .uction cf licen 0 50.82 Terminction of license 35

2. In 5 50.2, the terms " Certified fuel handler," " Major decommissioning activity," " Major radioactive components," " Permanent cessation of operations," and " Permanent fuel removal" are added to read as follows: ,

1 l l 5 50.2 Definitions. I Certified fuel handler means, for a nuclear power reactor, a non-licensed operator who has qualified in accordance with a fuel handler training program approved by the Commission. l J Major decommissionina activity means, for a nuclear power reactor, any activity that results in permanent removal of major radioactive components, permanently modifies the structure of the containment, or results in dismantling components for shipment containing greater than class C waste in accordance with 5 61.55 of this chapter. i Major radioactive components means, for a nuclear power reactor, the reactor vossel and internals, steam generators, pressurizers, large bore 36

reactor coolant system piping, and other large components that are radioactive. Permanent cessation of operation (s) means, for a nuclear power reactor, a certification by a licensee to the NRC that it has ' permanently ceased Lor will permanently cease reactor operation (s), or a final legally effective order to permanently cease operation (s) has come into effect. Permanent fuel removal means, for a nuclear power reactor, a certification by the licensee to the NRC that it has permanently removed all fuel assembl.iis from the reactor vessel. l

                    *         *            *           *

• I

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

l 50.4 Written communications. (b) ] i l 37  ; l 6

(8) Certification of Permanent Cessation of Operations. The licensee's I certification of permanent cessation of operations, pursuant to i 50.82(a)(1), must state the date on which operations have ceased or will cease, and must bc cubritted :: felices: (i) the signed and notarized original adst$hs[ submitted to: The Nuclear Regulatory Commission, Document Control Desk, Washington, DC 20555. i i (ii) One ccpy te the':pprcpri:tc Regien:1 Office, 2nd I i {tii) One ccpy te the apprcpriate NRC Resident Inspecter i' enc 52: Secn  ! accigned te the cite er the facility. (9) Certification of Permanent Fuel Removal. The licensee's l certification of permanent fuel removal, pursuant to i 50.82(a)(1), must state the date en which the fuel was removed from the reactor vessel and the disposition of the fuel, and r.uct bc cubritted :: fellew:: (i) the signed and l i notarized original pUst?he[ submitted to: The Nuclear Regulatory Commission, i l 1 Document Control Desk, Washington, DC 20555. l (ii) One ccpy te the appropriate Regien:1 Office, :nd (iii) One ccpy 10 the apprcpri:tc FRC Resident Inspecter if One 5 : been at igned to the cite er the facility.  !

4. In 5 50.36, paragraphs (c)(6) and (c)(7) are redesignated as (c)(7) and (c)(8) and rew paragraphs (c)(6) and (e) are added to read as follows:

l 5 50.36 Technical specifications. i 38

p i l 1 ( (c) ) l (6) -Decommissionina. This paragraph applies only to nuclear power reactors that have submitted the certifications required by 5 50.82(a)(1) ind ,

 .toin6Mpo@QsaEtor{$ich2are]Mtisutho[}zsd[tMopefi.ty. 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.                                           1 i

i

                    *         *            *           *

• 4 1

I i (e) The provisions of this section apply to each nuclear reactor licensee whose authority to operate the reactor has been removed by license amendment, order, or regulation. i 1 I

5. Section 50.36a is revised to read as follows:

150.36a Technical specifications on 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 that: f l 39

(1) 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 5 50.34(a), be maintained and used. The licensee shall retain the operating procedures in effect as a record until the Commission terminates the license and shall retain each superseded revision of the procedures for three years from the date it was superseded. (2) Each licensee shall submit a report to the Commission annually that specifies the quantity of each of the principal radionuclides released to unrestricted areas in liquid and in gaseous effluents during the previous 12 months, including any other information as may be required by the Commission to estimate maximum potential annual radiation doses to the public resulting from effluent releases. The report must be submitted as specified in 5 50.4, and the time between submission of the reports must be no longer than 12 months. If quantities of radioactive materials released during the reporting period are significantly above design objectives, the report must cover this specifically. On the basis of these reports and any additional information the Commission may obtain from the licensee or others, the Commission may require the li.censee 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 that compliance with the technical specifications described in this section will keep average annual releases of radioactive material in effluents and their resultant committed j l effective dose equivalents at small percentages of the dose limits specified i 40

l i l in i 20.1301 and in the license. At the same time, the license is permitted the flexibility of operation, compatible with considerations of health and safety, to assure that the public is provided a depetiable source of power even under unusual conditions which may temporarily result in releases higher than such small percentages, but still within the limits specified in 5 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 reasonably 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 l released to unrestricted areas be kept as low as is reasonably achievable. l l

6. Section 50.36b is revised to read as follows: '

5 50.36b Environmental conditions. Each license authorizing operation of a production or utilization l l facility, other th= reacter facilitic: thathavechittedand[reactbrj fadilityilidsnieslforischich the certifications- oEpermariint?hessat;iorubf operations required under i 50.82(a)(1) have has been submitted, which is of a l type described in 5 50.21(b)(2) or (3) or 5 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 41

55 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 1 requirement for the protection of the nonaquatic environment. 1

7. In 5 50.44, the introductory text of paragraph (a) is revised to read as follows:

5 50.44 Standards for combustible cas control system in light-water-cooled power reactors. (a) Each boiling or pressurized light-water nuclear power reactor fueled with oxide pellets within cylindrical zircaloy or ZIRLO cladding, other than reactor facility li;s;snissiforTiv6lich th:t 5:ve :6-itted the certifications required under 5 50.82(a)(1) hayelbeenisisbeitted, must, as provided in paragraphs (b) through (d) of this section, include means for control of hydrogen gas that may Le generated, following a postulated loss-of-coolant accident (LOCA) by--- I l

8. In 5 50.46, parage:ph (a)(1)(1) is revised to read as follows:

1' 5 50.46 Acceptance criteria for emergenc/ core cooling systems for light water nuclear power reactors. 42 1

l (a)(1)(i). Each Soiling or pressurized light-water nuclear power reactor ! fueled with uranium oxide pellets within cylindrical zircaloy or ZIRLO cladding,otherthanreactorfacilitiesf6KWithtr.:thavecubrittedthe certificationsrequiredunder550.82(a)(1)hijgbikiGjubmi.tted,mustbe 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 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  ; i 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 compered to the criteria set forth in paragraph (b) of this section, there is a high level of probability that the criteria would not be exceeded. Appendix K, part II Required Documentation, sets forth the documentation requirements for each evaluation model. 43

(. i-

9. In 5 50.48, paragraph (f)_ is added to read as 'follows:

i 5 50.48 Fire protection. l (f) Licensees that have submitted the certifications' required Tnder

l. 5 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).

l (1) The objectives of the fire protection program are to: (i)

                                                                       ^

Reasonably prevent such fires from occurring; l (ii) Rapidly detect, control, and extinguish those fires which do occur-t and 'which could result'in a radiological hazard; and L (iii) Ensure that the risk of fire-induced radiological hazards to the public, environment and plant personnel is minimized. (2) The fire protection program must 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 if these changes do not reduce the effectiveness of fire protection for facilities, systems and equipment which could result in a radiological hazard, taking into account the decommissioning plant conditions and activities.  ;

I

10. In 5 50.49, paragraph (a) is revised to read as follows:

44 I

I l 5 50.49 Environmental aualification of electric eauipment important to safety for nuclear power plants. (a) Each holder of or an applicant for a license for a nuclear power plant,otherthanreactorfacilityJjfepssisthathavesubmittedthe ! certifications required under 5 50.82(a)(1), shall establish a program for qualifying the electric equipment defined in paragraph (b) of this section.

11. In 5 50.51, the Section heading is changed, the existing paragraph is designated' paragraph (a), and paragraph (b) is added to read as follows:

1 ( l 50.51 Continuation of license. t (b) Each license will continue in effect beyond the expiration date, if necessary, with respect to possession of the production or utilization facility, until the Commission notifies the licensee in writing that the i license is terminated. During any period of continued effectiveness of a  ! license beyond the license's stated expiration date, except for a license which is in timely renewal status under 5 2.109 of this chapter, the licensee  ; is prohibited from operating the production or utilization facility and shall-  ; 45 l

(1) Take actions necessary to decommission and decontaminate the facility and continue to maintain the facility, including the storage, control and maintenance of the spent fuel, in a safe condition, and (2) Conduct activities in accordance with all other restrictions applicable to the facility in accordance with the NRC regulations and the provisions of.the specific Part 50 license for the facility.

12. In 5 50.54, paragraphs (o) and (y) are revised to read as follows:

1 50.54 Conditions of licenses. I (o) Primary reactor containments for water cooled power reactors, other thanreactorfacilitiesfofjh;iehthath:vesubmittedthecertifications required under i 50.82(a)(1) hapejbeeriisubm;itted, 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 powe-reactor for which the certifications required under i 50.82(a)(1) have been 46 l

I submitted, by either a licensed senior operator or a certified fuel handler, prior to taking the action. i

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

follows: i 3 .59 Chances, tests and experiments. (de) All the provisions of this section shall apply to each nuclear  ! power reactor licensee that has submitted the certifications 6fl)hrmsnsnt yeshtib([6flypr(tjoni, required under 150.82(a)(1). (64) A nuclear power reactor licensee that has submitted the certifications bf[psfminsht!)E5hti6n?6HipeFitiorii required under , l 5 50.82(a)(1) may conduct activities with regard to the facility, subject to  ; the limitations described in paragraph (a) of this sectir,n, provided the changes would not: (1) Foreclose the release of the site for possible unrestricted use, (2) Significantly increase decommissioning costs, (3) Caus'e any significant environmental impact not previously reviewed, l or (4) Violate the terms of the licensee's existing license. 47

1 For changes not meeting any of the criteria in this paragraph or i paragraph (a) of this section, the licensee shall submit an application for I amendment pursuant to i 50.90. (f) The provisions of paragraphs (a) through (c) of this section apply to each non-power reactor licensee whose license no longer authorizes operation of the reactor.

14. In 5 50.60, paragraph (a) is revised to read as follows:

5 50.60 Acceptance criteria for fracture prevention measures for light-water nuclear power reactors for normal operation. 1 (a) Except as provided in paragraph (b) of this section, all light water nuclear power reactors, other than reactor facilities fogsh;idi that Svc l cubmitted the certifications required under 5 50.82(a)(1) JiaWipee(lMubmittid, must meet the fracture toughness and material surveillance progrum requirements for the reactor coolant pressure boundary set forth in Appendices l l G and H to this part. l l l l 15. In i 50.61, paragraph (b)(1) is revised to read as follows: i 5 50.61 F_racture toughness reauirements for protection against pressurized l l thermal shock events. 48 J

I l I i . I (b) Requirements.

                                                                                 ]

l

       .(1)   for each pressurized water nuclear power reactor for which an operating license has been issued, other than reactor facilities fdfithlyh th:t &f tted the certifications required under i 50.82(a)(1) hajiibiis ju@ittsd, the licensee shall submit projected values of RT,1, for reacter vessel beltline materials by giving values for the time of submittal, the expiration date of the operating license, the projected expiration date if a   j 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. Th'e assessment must use the calculative procedures given in paragraph (b)(2) of this section. The assessment must specify the bases for l the projection, including the assumptions regarding core loading patterns. j The submittal must list the copper and nickel contents, and the fluency values used in the calculation for each beltline material. If these quantities differ from those submitted in response to the original PTS rule and accepted by the NRC, justification must be provided. If the value of RT,1, for any material in the beltline is projected to exceed'the PTS screening ci;teria i l 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 have been submitted by December 16, 1991. Otherwise, this assessment must be  ! submitted with the next update of the pressure-temperature limits, or the next reactor vessel material surveillance report, or 5 years from the effective date of this rule, whichever comes first. These submittals must be updated i 49 i il l

whenever there is a significant change in projected values of RT,13, or upon a j request for a change in the expiration date for operation of the facility. l l

16. In 5 50.62, paragraph (a) is revised to read as follows-

! l 50.62 Reauirements for reduction of risk from anticipated transients l l without scram (ATWS) events for light-water-cooled nuclear power plants. l (a) App 1/cabfifty. The requirements of this section apply to all j commercial light-water-cooled nuclear power plants, other than reactor facilities fof[ithich th:t have =britted the certifications required under i S0.82(a)(1) fiiWbeerii;subbit,tyd. l

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

i l I 50.65 Reauirements for monitorina the effectiveness of maintenance at ! nuclear power plants. l (a)(1) Each holder of a license to operate a nuclear pcwer plant under l 55 50.21(b) or 50.22 shall monitor the performance or condition of structures, i systems, or components, aqainst 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 50

c m ( 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. For a nuclear power plant foF;;'ivhijh;ilhe))iden@ tht has submitted the certifications specified in i 50.82(a)(1), this section shall apply to the extent that the licensee shall monitor the performance or condition of all structures, systems, or components associated with the storage, control, and maintenance of spent fuel in a safe condition, in a manner sufficient to l provide reasonable assurance that such structures, systems, and components are capable of fulfilling their intended functions.

18. In i 50.71, paragraph (f) is added to read as follows:

1 5 50.71 Maintenance of records. making of reports. (f) The provisions of this section shall apply to nuclear power reactor licenses fo K shich th:t hrec = britted the certifications Offpirmanent; cip41on3ff6pefat;ioWs required under i 50.82(a)(1) hisibiehlibbmittid, The provisions of this section shall also apply to non-power reactors ljjenses that are no longer authorized to operate. 51 l

                                                                                    )

u

19. In 5 50.75, paragraph (f) is revised to read as follows:

5 50.75 Reportino and recordkeepino for decommissionino plannino. s * * * * (f)(1) Each power reactor licensee shall at or about 5 years prior to the projected end of operations submit a preliminary decommissioning cost estimate which includes an up-to-date assessment of the major factors that could affect the cost to decommission. (2) Each non-power reactor licensee shall at or about 2 years prior to the projected end of operations submit a preliminary decommissioning plan containing a cost estimate for decommissioning and an up-to-date assessment of the major 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 5 50.82(b)(4)(i) must be considered at this time; (ii) Major technical actions necessary to carry out decommissioning safely; (iii) The current situation with regard to disposal of high-level and low-level radioactive waste; (iv) Residual radioactivity criteria; (v) Other site specific factors which could affect decommissioning planning and cost. (3) If necessary, the cost estimate shall, for power and non-power reactors, also include plans for adjusting levels of funds assured for 52

                                                                                      )

l decommissioning to demonstrate that a reasonable level of assurance will be provided that funds will be available when needed to cover the cost of decommissioning.

20. Section 50.82 is revised to read as follows:

5 50.82 Termination of license. The following provisions apply to licensees who do not have an NRC approved decommissioning plan on the effective date of this rule and may be used, at the licensee's option, by licensees who pt. ,ess an NRC approved decommissioning plan on the effective date of this rule. (a) For power reactor licensees-- (1)(i) When a licensee has determined to permanently cease operations the licensee shall, within 30 days, it a written certification to the NRC, consistent with the requirements of 5 5. 4(b)(8) and; 4 (ii) Once fuel has been permanently removed from the reactor vessel, submit a written certification to the NRC, consistent with the requirements of 5 50.4(b)(9). (2) Upon docketing of the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel, or when a final legally effective order to permanently cease operations has come into effect, the Part 50 license no longer authorizes operation of the reactor or emplacement of fuel into the reactor vessel. l l 53

(3). Decommissioning will be completed within 60 years of permanent cessation of. operations. Completion of decommissioning beyond 60 years will be approved by the Commission only when necessary to protect public health and safety. Factors that will be considered in evaluating an alternative which provides for-completion of decommissioning beyond 60 years of permanent cessation of operations include unavailability of waste disposal capacity and other site-specific factors affecting the licensee's capability to carry out decommissioning, including presence of other nuclear facilities at the site. (4)(i) Prior to or within two years following permanent cessation of operations 2nd per=:nent re=cval cf fuel frem the reacter ves:cl, the licensee shall submit a post-shutdown decommissioning activities report (PSDAR) which shall include a description of the planned decommissioning activities along with a schedule for their accomplishment, an estimate of expected costs, ard a , l discussion as to whether the environmental impacts associated with site- ! specific decommissioning activities will be bounded by appropriate previously issued environmental impact statements. (ii) The NRC shall notice receipt of the PSDAR and makel(ths){PSDAR ayallableifot sclicit public comment. The NRC shall also schedule a public meeting in the vicinity of the licensee's facility upon receipt of the PSDAR. The NRC shall publish a notice in the Federal Register and in a forum, such as , local newspapus, 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 purpose of the meeting. (5) Licensees may not perform any major decommissioning activities, as defined in 5 50.2, until 90 days after the NRC has received the licensee's PSDAR submittal lahdllertMicationi[;oQehnaisntpessationfof@peratios$jland 54

 @fmanehp3reso alm B f4e Effom7thsjreactof[yssiel Masife @ ediuhye@ , %             ,

II.50;82,(a)l(1)]: (6) In taking actions permitted under i 50.59 following submittal of the PSDAR, the licensee shall notify the NRC, in writing, before perforn.ing any decommissioning activity inconsistent with, or making any significant schedule  ; change from, those actions and schedules described in the PSDAR. (7)(i) Decommissioning trust funds may be used by licensees provided: (A) The withdrawals are for expenses for legitimate iecommissioning activities consistent with the definition of decommissioning in 5 50.2; I (B) The expenditure would not reduce the value of the decommissioning I trust below an amount necessary to place and maintain the reactor in a safe storage condition if unforeseen conditions or expenses arise and; (C) The withdrawals would not inhibit the ability of the licensee to complete funding of any shortfalls in the decommissioning trust needed to ensure the availability of funds to ultimately release the site and terminate the license. (ii) Initially, 3 percent of the generic amount specified in 5 50.75 may be used for decommissioning planning. For licensees that have submitted the certifications required under i 50.82(a)(1) and commencing 90 days after the NRC has received the PSDAR, an additional 20 percent may be used. A site-specific decommissioning cost estimate must be submitted to the NRC prior to j the licensee being permitted to use any funding in excess of these amounts. 1 (iii) Within two years following permanent cessation of operations, if l not already submitted, the licensee shall submit a site-specific l decommissioning t estimate. 1 i 55 l l

(iv) For decommissioning activities that delay completion of decommissioning by including a period of storage or surveillance, the licensee shall provide a means of adjusting cost estimates and associated funding levels over the storage or surveillance period. (8) For licensees that have submitted a certification in accordance with 5 50.82(a)(1), the application for licence termination afgjjes;W must be accompanied or preceded by a license termination plan to be submitted for NRC approval. (i) The license termination plan must be a supplement to the FSAR or equivalent and must be submitted at least two years prior to the Qrhiinstjoii hfRjypiisi plcnned dece--inciening ccmpletien date 0: Specified in the PSD^R. (ii) The prope cd license termination plan must include-- (A) A site characterization; (B) A description of remaining dismantlement activities; l (C) Plans for site remediation; (D) Detailed plans for the final radiation survey; (E) A description of the end ase of the site, if restricted; (F) An updated site-specific analysis of remaining decommissioning costs; and (G) A supplement to the environmental report, pursuant to 5 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 t' remainder of decommissioning activities 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 56

interested persons, the Commission will approve the plan, by amendment, subject to such conditions and limitations as it deems appropriate and necessary and authorize implementation of the license termination plan. (10) The Commission will terminate the license if it determines that-(i) The remaining dismantlement has been performed in accordance with l l the approved license termination plan, and (ii) The terminal radiation survey and associated documentation demonstrates that the facility and site are suitalle for release. (b) For non-power reactor licensees-- (1) A licensee that permanently ceases operations 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 a license must be l accompanied or preceded by a proposed decommissioning plan. The contents of ! the decommissioning plan are specified in paragraph (b)(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 l l submitted and approved prior to the start of these activities. (3) For decommissioning plans that delay completion of decomminioning by including a pe.-iod of storage or surveillance, the licensee shall provide that--- (i) Funds needed to complete decommissioning be placed into an account segregated from the licensee's assets and outside the licensee's administrative control during the storage or surveillance period, or a surety 57

method or fund statement of intent be maintained in accordance with the. crit'eria of 5 50.75(e), and (ii) Means be included for adjusting cost estimates and associated funding levels over the storage or surveillance period. (4) The proposed decomissioning plan must include - (1) The choice of the alternative' for decomissioning with a description of. activities involved. An alternative is acceptable if-it provides for completion of decomissioning 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 decomissioning include unavailability of waste disposal capacity and o'ther site specific factors affecting the licensee's capability to carry out decomissioning, 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 decomissioning, comparison of that estimate with present funds set aside for decomissioning, and plan for assuring the availability of adequate funds for l completion of decomissioning; and I (v) . A description of technical specifications, quality assurance provisions and physical security plan provisions in place during l decomissioning. 58

{ l l If the decommissioning plan demonstrates that the decommissioning (5) 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 intetasted persons, the Commission will approve, by amendment, the plan subject to such conditions and limitations as it deems appropriate and necessary. The approved decommissioning plan will be i a supplement to the Safety Analysis report or equivalent. l (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 (ii) The terminal radiation survey and associated documentation demonstrates that the facility and site are suitable for release. (c) For a facility that has permanently ceased operation before the expiration of its license, the collection period for any shortfall of funds will be determined, upon application by the licensee, on a case-by-case basis taking into account the specific financial situation of each licensee.

21. In l 50.91, the introductory text is revised to read as follows:

5 50.91 Notice for public comment: State consultation. The Commission will use the following procedures for an application requesting an amendment to an operating license for a facility licensed under l 5 50.21(b) or i 50.22 or for a testing facility, except for amendments subject l to hearings governed by 15 2.1201-2.1263 of this chapter. For amendments subject to il 2.1201-2.1263 of this chapter, the following procedures will f i 59

I apply only to 'the extent specifically referenced in i 2.1205(c) and (d) of this chapter:

22. In i 50.111, paragraph (b) is revised to read as follows: 1 l

5 50.111 Criminal penalties. l

                                                                                    .j i

1 (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), Section (IV)(C), the introductory text of Section (V)(B), and (V)(B)(2) to read as follows:

4 Appendix I . Numerical Guides for Desian Objectives and Limitina Conditions of Operation to Meet the Criterion "As Low As Is Reasonably Achievable" for j Radioactive Material in Licht-Water-Cooled Nuclear Power Reactor Effluents. 60

1 l

! SECTION I. Introduction. Section 50.34a provides that an application for a permit to construct a nuclear power reactor shall include a description of the preliminary design of equipment to be installed to maintain control over radioactive materials in gaseous and liquid effluents produced during normal conditions, including expected occurrences. In the case of an application filed on or after January 2,1971, the application must also identify the design objectives, and the means to be employed, for keeping levels of radioactive material in effluents to unrestricted areas as low as practicable. l Section 50.36a contains provisions designed to assure that releases of radioactive material from nuclear power reactors to unrestricted areas during I normal conditions, including expected occurrences, are kept as low as practicable. I SEC. IV. Guides on technical specifications for limiting conditions for operation for light-water-cooled nuclear power reactors licensed under 10 CFR Part 50. The guides on limiting conditions for operation for light-water-cooled nuclear power reactors set forth below may be used by an applicant for a license to operate a light-water-cooled nuclear power reactor or a licensee who has submitted a certifications bf{pshiaiishtycessit'i.bgefl}@fatishs under i 50.82(a)(1) as guidance in developing technical specifications under i 50.36a(a) to keep levels of radioactive materials in effluents to unrestricted areas as low as is reasonably achievable. Ihrssghithsl;sisibff th;s3didssjjst3 fotthV 62 thi sl $shthWMtijiieppeif ted thhtEtheia6nuaEre14;is:e?ofifadi4:activeIniatedsliiiEhffluehtiiffomgightMat~ef@

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fl 65.ibil i tf;isndeFJUnifidall&ondilibn s%thell IEshsee jyil19#ef;t]j hi sjWst{ifforti tplkeeppiVil Qf]ridi6idtij;e[sathrjillM;n][4ffl 0snfsiki;th;i h}}hiMUineFi dil 9uidififoydesighlobjehtijssi 1 * * * *

• C. If the data developed in the surveillance and monitoring program described in paragraph 33 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 l

reactor or a license whose holder has submitted a certifications permanen t K.,..............~.. ceisitionJof!6pe ationi under 5 50.82(a)(1). l 62 l I

PART 51- ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS

25. The authority citation for part 51 continues to read as follows:

Authority: Sec. 161, 68 Stat. 948, as amended Sec. 1701, 106 Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842).

26. In 5 51.53, paragraph (b) is revised to read as follows:

5 51.53 Supplement to environmental report. (b) Post Operating License Stage. Each applicant for a license amendment authorizing decommissioning activities b]th@foKiinfs'itfidtls{ dis b@basedoncontinuinguserestrictionsapplicabletothesite;andeach applicant for a license amendment approving a license termination plan under 550.82ofthischapterEithERfo$shfestfidfedfuselofbasedoncontinuinguse restrictions applicable to the site; and each applicant for a license or license amendment to store spent fuel at a nuclear power reactor after 63

I ! expiration of the operating license for the nuclear power shall submit with l its application the number of copies, as specified in 5 51.55, of a separate l document, entitled " Supplement to Applicant's Environmental Report--Post Operating License Stage," which will update " Applicants Environmental Report-- i l Operating License Stage," as appropriate, to reflect any new information or i i significant environmental change associated with the applicants proposed i decommissioning activities or with the applicants proposed activities with respect to the planned storage of spent fuel. Unless otherwise required by I l the Commission, in accordance with the generic determination in 5 51.23(a) and the provisions in 5 51.23(b), the applicant shall only address the  ! environmental impact of spent fuel storage for the term of the license applied j for. The " Supplement to Applicant's Environmental Report--Post Operating License Stage" may incorporate by reference any information contained in l

 " Applicant's Environmental Report--Construction Permit Stage," " Supplement to    '

Applicant's Environmental Report--Operating License Stage," final  ; environmental impact statement, supplement to final environmental statement of l records of decision previously prepared in connection with the construction permit of the operating license.

27. In 5 51.95, paragraph (b) is revised to read as follows:

5 51.95 Supplement to final environmental impact statement. 64 l

! (b) Post Operating License Stage. In connection with the amendment of an operating license authorizing decommissioning activities at a production or i utilization facility covered by 5 51.20, either for unrestricted use or based on continuing use restrictions applicable to the site, or with the issuance, amendment or renewal of a license to store spent fuel at a nuclear power reactor after expiration of the operating license for the nuclear power reactor, the NRC staff will prepare a supplemental environmental impact statement for the post operating license stage or an environmental assessment, as appropriate, which will update the prior environmental review. The supplement or assessment may incorporate by reference any information contained in the final environmental impact statement, the supplement to the final environmental impact statement--operating license stage, or in the records of decision prepared in connection with the construction permit or the operating license for that facility. The supplement will include a request for comments as provided in i 51.73. Unless otherwise required by the Commission, in accordance with the generic determination in i 51.23(a) and the provisions of 5 51.23(b), a supplemental environmental impact statement for the post operating license stage or an environmental assessment, as appropriate, will address the environmental impacts of spent fuel storage only for the term of the license, license amendment or license renewal applied for. Dated at Rockville, Maryland, this day of 1995. For the Nuclear Regulatory Commission. 65 l

l John C. Hoyle, Secretary of the Commission. l l l l 1 66}}