ML20216G056
| ML20216G056 | |
| Person / Time | |
|---|---|
| Issue date: | 04/18/1995 |
| From: | NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| Shared Package | |
| ML20216F445 | List: |
| References | |
| FRN-60FR37374, RULE-PR-2, RULE-PR-50, RULE-PR-51 AE96-1-027, AE96-1-27, SECY-95-051, SECY-95-051-R, SECY-95-51, SECY-95-51-R, NUDOCS 9803190195 | |
| Download: ML20216G056 (1) | |
Text
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April 18, 1995 C
'O R
R E
C T
I O N N
O T
I C
E TO ALL HOLDERS OF SECY-95-051 PROPOSED RULEMAKING - REVISION TO 10 CFR PARTS 2,
- 50. AND 51. RELATED TO DECOMMISSIONING OF NUCLEAR POWER REACTORS PLEASE REPLACE ENCLOSURES 1 THROUGH 6 OF SECY-95-051 WITH THE ATTACHED REPLACEMENTS.
' ADD NEW ENCLOSURE 7 TO SECY-95-051.
ATTACHMENT:
AS STATED THE SECRETARIAT 9903190195 980311 PDR PR 2 60FR37374 PDR j a
Action: Morrison, RES
- p "%g Cys:
Taylor l
o UNITED STATES Milhoan
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'j NUCLEAR REGULATORY COMMISSION n$ g Thompson ppL Blaha W ASHIN GTON,0.C. 20555
%lll R6N Markley, NRR OFFICE OF THE May 23, 1995 Meyer, ADM stenuAny Shelton, IRM MEMORANDUM TO:
James M. Taylor Exec
've Dire to Operations FROM:
John
- Hoyle, ecretary SU3 JECT:
SE 051 - PROPOSED RULEMAKING - REVISION TO 10 CFR PARTS 2, 50, AND 51, RELATED TO DECOMMISSIONING OF NUCLEAR POWER REACTORS The Commission (with the Chairman and Commissioners Rogers and de Planque agreeing) has approved publication of the proposed rule with the changes indicated in the attachment.
The Commission (with the Chairman and Commissioner Rogers agreeing) approved the addition of provisions for conducting a public meeting when the licensee termination plan is submitted.
Commissioner de Planque would have preferred that the public meeting be optional and determined on a case-by-case basis.
-FEBO3-(RES)
(SECY Suspense:
6/23/95) 9400172 The Commission found that this proposed rulemaking should proceed as presented in SECY-95-051 and revised above, notwithstanding the ACRS concerns expressed in their letter dated March 17, 1995, since the proposed rule is primarily directed toward the procedural process for decommissioning and the staff's approach to safety issues in the proposed rule is reasonable under the current state of the relevant data and analysis.
Otherwise, the Chairman encouraged the staff to consider the concerns expressed by the ACRS, and to consider whether additional rulemaking is necessary after Brookhaven National Laboratory completes its evaluation of risk associated with the presence of spant fuel at the site of permanently shutdown reactors.
Commissioner Jackson did not participate in this matter.
Attachment:
As stated i
SECY NOTE:
THIS SRM, SECY-95-051, AND THE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE
.5 WORKING DAYS FROM THE DATE OF THIS SRM.
I J
A I
,f jf E l J U U)1 '[ O 'i <f
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dc:
The Chairman j
. Commissioner Rogers Commissioner'de Planque Commissioner Jackson OGC OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail) 1 4
i.
i
F Rwn ect I
[7590-01-P)
NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2, 50, and 51 RIN 3150-AE96 Decommissioning of Nuclear Power Reactors AGENCY:
Nuclear Regulatory Commission.
ACTION:
Proposed rule.
SUMMARY
- The Nuclear Regulatory Commission is proposing to amend its regulations on the decommissioning procedures that lead to the termination of an operating 11 cense 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 been j
basis. Some proposed amendments have also made for purposes of clarification 3
and procedural simplification for non-power reactors.
)
DATES: The comment period expires (90 days after publication in the Federal Register). Comments received after this date will be ccasidered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date.
l ADDRESSES: Submit comments to: The Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and Service Branch.
Copies of comments received may be examined at the NRC Public Document Room, 2120 L Street NW. (Lower Level) Washington, DC.
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l be mad 6 available for planning purposes and early activities. The remaining decommissioning funds would be made available after submittal to the NRC of the licensee's detailed decommissioning cost estimate.
Before undertaking I
major decommissioning activities, the licensee would be required to provide the NRC with a post-shutdown decommissiening activities report (PSDAR) that
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provides a schedule of planned decoWssioning activities, an estimate of the decommissionin,g costs expected to be incurred, and a discussion of l
environmental impacts of decommissioning. The NRC, within a 90 day period, would inform the public of the licensee's intent to decommission, make the PSDAR avail ble 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 timeends.
4 After this 90 day period of time, the licensee could begin major decommissioning (i.e., dismantlement) activities [unlesstheNRCinterposesan objection. [as allowed under the current 10 CFR 50.59,)without prier NRC a-
- pprovale. Additional criteria would be added to 5 50.59 specifically pertinent to decommissioning activities.
his 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, wh.ich NRC anticipates may occur as a result of such factors as utilization of new decommissioning technology or access to low-level waste t
facilities, the licensee would be required to give NRC prior notice before implementing those changes.
l After an optional period of storage (Pha.se II), Phase III would be initiated when the licensee's application to terminate the license and license 6
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The. Comdssion tooald d5o hold a pMit
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termini. tion 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 f0nce 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.
j Any Subpart L hearing for the license termination plan am' ndment must be e
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 d? commissioning residual radioactivi
.teria 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.
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 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 pww more realistic account of the planning time periods necessary for non-reactor A
facilities.
j Finally, also for purposes of procedural simplification, an aspect of these proposed regulatory changes that affects both power and non-power i
reactor facilities is that the approved decommissioning plan for the non-power reactor faci'lities 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 1
amendment process which would otherwise be 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 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 radiological criteria rule for decommissioning. However, the staff was cognizant of the comments made in that workshop and the language contained in l
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 criteria for decommissioning.
If finalization of the radiological criteria rule requires any modifications to the current proposed rule, those 8
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requir'ements in 5.50.59. This would generally: occur.30 days after the public meeting.
l The provisions of i 50.59 presently allow the licensee to make changes to l
' the-facility during operation without express NRC approval if these changes meet the conditions listed in 5 50.59, and the licensee prepares and maintains I
a written safety evaluation that provides the basis for their determination L
that the planned changes meet the crit. ria 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 Commission is proposing to include adriitional criteria for the use of I 50.59 l
l during decommi.ssioning. The criteria would apply to both power and non-power Ctar&.
reactors, although non-power reactor licensees could not perform [ major]
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decommissioningactivities5: def' red 4-5 50 until they had an approved non-?gc.
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decommissioning plan - as in the current rule.
The Commiss' ion proposes that ream in using the i 50.59 process for post-shutdown activiti c 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) i significantly increase decommissioning costs, (3) cause any significant environmental impact not previously reviewed, or (4) violate the terms of the
' licensee's existing license. To undertake any activity that would not meet these criteria, 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 Decommissioning Trust Funds Before Decommissioning Plan Approval" (59 FR 5216; February 3,1994) that the licensee should be 11
r allowe'd to use decomissioning 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 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 pr msing criteria, along with criteria that specify when and.how much of these..st funds can be used, to ensure that licensees maintain adequate funds to complete decommissioning.
In accordance I
with the current rule, the Comission proposes to retain, under i 50.75(f),
the requirement for site-specific cost estimates 5 years before and within two 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 bef.e 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, i
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 i
consistent with the definition of decommissioning in 5 50.2; (2) The i
expenditure would not reduce the value of the decomissioning trust below an 3
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 I
shortfalls in the decomissioning trust needed to ensure the availability of i
funds to ultimately release the site and terminate the license.
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t The proposed rule would permit, u
- r 5 50.82(a)(7), thct 3 percent of the generic decommissioning cost amount, specified in 5 50.75, could be used by the licensee initially for decommissioning p_lanning and minor decommissioning activities.
Following the 90 day waiting period after the NRC upo has received the licensee's PSDAR and certification of pt.rmanent removal of fuel from.the reactor vessel, an additional 20 percent could be used to 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 I
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 d
l-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 l
I 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 detail ed decommissioning plan initially, with the more detailed plan nearer to th completion of decommissioning because more accurate planning can 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 contrain-a site characterization, a j
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
6endu.ch a, pMit. methin} In de. v*cinig o( 4e St4g I
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.
The NRC would notice receipt of the license termination plan as a license and' provide opportunity for a 10 CFR Part 2, Subpart L, hearing. as am specified in i 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 has been removed from the 10 CFR Part 50 site and transferred to an authorized facility, since the defueled site is analogous to materials licensees that typically use Subpart L hearings for license amendment:,. Appropriate conforming amendments have been proposed for 10 CFF 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 transfer y to an authorized facility.
Section 50.82(a)(9) would 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 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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'2. In 5 2.1201, paragraph (a)(3) is added to read as follows:
5 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,
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must be completed prior to license tennination.
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3.
In 5 2.1205, paragraphs (d) through (n) are redesignated as i
paragraphs (e) through (o), a new paragraph (c) is added, and paragraph (d) is revised to read as follows:
i 5 2.1205 Reauest for a hearing: petition for leave to intervene gg gem ^
gqpc.eb (c) For amendments of Part 50 licenses under 5 2.1201(a)(3), a notice of receipt of the application, with reference to the opportunity for a hearing I
under the procedures set forth in this subpart, must be published in the O
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wt cJum s2.itcs + mse w a s e cancay.
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Feder'l Register at least 30 days prior to issuance of the requested amendment a
l by the Commission.
L (d)
A' person, other than an applicant, shall file a request for a
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hearing within--
(1) Thirty (30) days of the agency's publication in the Federal Register l
of a notice, which must include a reference to the opportunity for a hearing 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 part, reouesti.ng a licensing action.
With respect to an amendment described I
in i 2.1201(a)(3), the Commission, prior to issuance of the requested l
amendment, will follow the procedures in 5 50.91 and i 50.92(c) to the extent necessary to make a determination on whether the~ amendment involves a j
significant hazards consideration.
If the commission finds there are significant hazards considerations involved in the requested amendment,_the l
amendment will not be issued until any hearings under this subsection are completed.
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40 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, j
as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239,
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months, including any other information as may be required by the Commission to estimate maximum potential annual radiation doses to the public resulting
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from effluent releases. The report must be submitted as specified in i 50.4, and the time between submission of the reports must be no longer than 12 months.
If quantities of radioactive materials released during the reporting period are significantly above design objectives, the report must cover this specifically. On the basis of these reports and any additional information the Commission may obtain from the licensee or others, the Commission may require the licensee to take action as the Commission deems appropriate.
(b)
In establishing and implementing the operating procedures described in paragraph (a) of this section, the licensee shall be guided by the following considerations: Experience with the design, construction, and operation of nuclear power reactors indicates that compliance with the technical specifications described in this section will keep average annual releases of radioactive material in effluents and their resultant committed effective dose equivalents at small percentages of the dose limits specified in 5 20.1301 and in the license. At ue same time, the licensee is permitted the flexibility of operation, compatible with considerations of health and safety, to assure that the public is provided a dependable source of power even under unusual conditions which may temporarily result in releases higher than such small percentages, but still within the limits specified in i 20.1301 of this chapter and in the license.
It is expected that in using this flexibility under unusual conditions, the licensee will exert its best efforts to keep levels of radioactive material in effluents as low as is reasonably achievable. The guides set out in appendix I provide numerical 9uidance on limiting conditions for operation for light-water cooled nuclear power reactors to meet the requirement that radioactive materials in effluents released to unrestricted areas be kept as low as is reasonably achievable.
7.
Section 50.36b is revised to read as follows:
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c5 5 50.36b Environmental conditions.
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'Each license authorizing operation of a production or utilization each licensee,Sr A facility, and reactor facility licen:cd"for which the certification of permanent cessation of operations required under 5 50.82(a)(1) has been 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 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 requirement for the protection of the nonaquatic environment.
7.
In 5 50.44, the introductory text of paragraph (a) is revised to i
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read as follows:
5 50.44 Standards for combustible gas control system in licht-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 a-reactor facility 11cen:cf for which the certifications required under 5 50.82(a)(1) have been submitted, must, as provided in paragraphs (b) through 40
i (d) of this section, include means for control of hydrogen gas that may be generated, following a postulated loss-of-coolant accident (LOCA) by---
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8.
In 5 50.46, paragraph (a)(1)(1) is revised to read as follows:
5 50.46 Acceptance criteria for emergency core coolina systems for licht water nuclear oower reactors.
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(a)(1)(1) Each boiling or pressurized light-water nuclear power reactor j
i fueled with uranium oxide pellets within cylindrical zircaloy or ZIRLO l
cladding, other than reactor facilit for which the certifications required under 1 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 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. Compacisons to applicable
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experimental data must be made and uncertainties in the analysis method and 1
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(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
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j facility decommissioning.
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(3) The licensee may make changes to the fire protection program without i
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.
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10.
In 5 50.49, paragraph (a) is revised to read as follows:
5 50.49 Environmental aualification of electric ecuipment important to safety for nuclear power plants.
(a)
Each holder of or an applicant for a license for a nuclear power GewWb o
plant, other than reactor facility ^licen:::: th:t h:ve : & itt:8 the j
^^
ke ber.n56mMed certifications required under i 50.82(a)(1), shall establish a program for qualifying the electric wipment 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:
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. react 6r 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:
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i 50.61 Fracture toughness reauirements for protection against pressurized thermal sh k events.
1 (b)
Requirements.
(1) for each pressurized water nuclear power reactor for which an i
operating license has been issued, other than reactor facili issefor which the certifications required under 5 50.82(a)(1) have been submitted, the licensee j
shall submit projected values of RTm for reactor vessel beltline materia 1s by d
giving values for the time of submittal, the expiration date of the operating license, the projected expiration date if a change in the operating license has been requested, and the projected expiration date of a renewal term if a request for license renewal has been submitted. The assessment must use the calculative procedures given in paragraph (b)(2) of this section. The assessment must specify the bases for the projection, including the assumptions regarding core loading patterns. The submittal must list the copper and nickel contents, and the fluency values used in the calculation for each beltline material.
If these quantities differ from those submitted in 47
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The provisions of this section shall apply to nuclear power reactor (f)At We ubiHed e
licen'ses fer whi:2 the certification of permanent cessation of operations g
required under i 50.82(a)(1),h:: b ;r. ::Scitt:f The. provisions' of this e,
section shall also apply to non-power t eactor' license,s that are no longer
-authorized to operate.
I 19.
In 5 50.75, paragraph (f) is revised to read as follows:
5.50.75 Reportina and recordkeepino for decommissionina planning.
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(f)(1)
Each power reactor licensee shall at or about 5 years prior to 1
the projected end of operations submit a preliminary decomissioning cost estimate which includes an up-to-date asses.tlent of the major factors that could affect the cost to decommission.
i (2)
Each non-power reactor licensee shall at or about 2 years prior to l
the projected end of operations submit a preliminary decomissioning plan containing a cost estimate for decomissioning and an up-to-date assessment of the major factors that could affect planning for decomissioning, Factors to be considered in submitting this information include--
(i) The decomissioning alternative anticipated to be used.
The requirements of i 50.82(b)(4)(i) must be considered at this time; 50
('i i ) -
Major-technical actions necessary to carry out~decomissioning -
safely; (iii) The current situation with regard to disposal of h;gh-level and low-level radioactive waste; (iv)
Residual radioactivity criteria; (v).
Other site specific factors which could affect decomissioning planning and cost.
.(3)
If necessary, _tiie cost escimate shall, for power and non-power reactors, also include plans for adjusting levels of funds assured for 9
decomissioning to demonstrate that a reasonable level of assurance will be provided that funds will be available when needed to cover the cost of decomissioning.
ihe, Sechien heading s changed i
In ad A enuce section 20.
Section 50.82 is revised to read as follows:
i 5 50.82 Termination of license.
The following provisions apply to licensees who do not have an NRC approved decomissioning plan on the effective date of this rule and may be used, tt the licensee's option, by licensees who possess an NRC approved decomissioning plan on the effective date of this rule.
(a) For power reactor licensees--
(1)(1) When a licensee has determined to permanently cease operations the licensee shall, within 30 days, submit a wr;+ ten certification to the NRC, consistent with the requirements of i 50.4(b)(8) and; 51 i
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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.
(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 until PSDAR submittal and certifications of permanent cessation of operations and 3
permanent removal of fuel from the reactor vessel, as required under i 50.82(a)(1)) hM2 heen Submded.
(6)
In taking actions permitted under i 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 I
activities consistent with the definition of decommissioning in 5 50.2; (B) The expenditure would not reduce the value of the decommissioning 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 j
the license.
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(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 i
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I Add peqrath Utt)ihat is similar 4o so.22.Ca)(4)(u) reptai"5
- ph men 3' meyt M %mindien f an" should be obs% fed l
'kr * ?$DAR i
(G) I 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.
Gli) l (9) If the license termination plan demonstrates that the remainder of decommissioning activities will be performed in accordance with the 1
regulations in this chapter and will not be inimical to the common defense and security or to the health and safety of the public, and after notice to interested persons, the Commission will approve the plan, by amendment, subject to such conditions and limitations as it deems appropriate and I
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 j
1 the approved license termination plan, and (ii) The terminal radiation survey and associated documentation demonstrates that the facility and site are suitable for release.
(bf 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 4
operating license.
Each application for termination of a license must be 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. Lipdated detailed plans must be submitted and approved prior to the start of these activities.
55 l
l 1he 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 i 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 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:
22.
In 5 50.111, paragraph (b) is revised to read as follows:
5 50.111 Criminal penalties.
(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 1 of Part 50 is amended by revising Section (1), the introductory text of Section (IV)snb
, Section (IV)(C)cthe Str ductcry text eft Sectier (Y)(B), ed ('!)(B)(2R to read as follows:
58 l
I L
feifisert yucLgraph Moon ein rule - or provide. 2 5
i upkm. Hen 5 50.3'6a(a) to ' keep levels of radioactive materials in effluents to unrestricted areas as low as is reasonably achievable, l
a 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 l
set forth as numerical guides for design objectives in Section II.
l At the same time, the licensee is permitted the flexibility of j
l operations, compatible with considerations of health and safety, to assure l
1 that the pub 1fc is provided a dependable source of power even under unusual
\\
I conditions which may temporarily result in releases higher than numerical guides for design objectives but still within levels that assure that the l
average population exposure is equivalent to small fractions of doses from j
natural background radiation.
It is expected that in using this operational flexibility under unusual conditions, the licensee will exert his best efforts to keep levels of radioactive material in effluents within the numerical guides for design objectives.
)
i j
C.
If the data developed in the surveillance and monitoring program described in paragraph B of Section III or from other monitoring programs'show that the relationship between the quantities of radioactive material released in liquid and gaseous effluents and the dose to individuals in unrestricted areas is significantly different from that assumed in the calculations used to determine design objectives pursuant to Sections II and III, the Commission may modify the quantities in the technical specifications defining the limiting conditions in a license to operate a light-water-cooled nuclear power 60
I reactor dr "a license whose holder has submitted a certification of permanent cessation of operations under i 50.82(a)(1).
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:
6 551.53 Supplement to. environmental report.
}g g3 Wk ged5M d[ g N'
(b) Post Operating License Stage.
Each applicant for a license amendment authorizing decommissioning activities either for unrestricted use.
relentor based on continuing use restrictions applicable to the site; and i
i each applicant, for a license amendment approving a license termination plan i
/
61
E
]
]'
u50 i
l under '5 50.82 of this chapter either for unrestrictedgre'eneor based on.
continuing use restrictions applicable to the site; and each applicant for a i
license or license amendment to store spent fuel at a nuclear power reactor after expiration of the operating license for the nuclear power shall submit with its application the number of copies, as specified in 5 51.55, of a separate document, entitled " Supplement to Applicant's Environmental Report--
l Post Operating License Stage," which will update " Applicants Environmental l
l Report--Operating License Stage," as appropriate, to reflect any new l
information or significant environmental change associated with the applicants'
{
l 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) f and the provisions in 5 51.23(b), the applicant shall only address the t
l 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 i
(
" Applicant's Environmental Report--Construction Permit Stage," " Supplement to l
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 l
permit of the operating license.
27.
In 5 51.95, paragraph (b) is revised to read as follows:
I 62 J
I huc Aeooducemeur
~
p.
l the propo' sed changes would apply also to university research reactors and
, o'ther non-power reactors. They include:
(1) When a power reactor 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.
l (2) A license that has expired is not terminated until the Commission notifies the licensee in writing that the license is terminated. During any l
period of continued effectiveness beyond the license expiration date, the j
licensee is prohibited from operating the facility and must limit activities 1
to actions necessary to decommission and decontaminate the facility or actions necessary to maintain the facility in a safe condition.
Details 'of the proposed regulations are contained in a Federal Register notice published on Interested persons are invited to 90 submit written comments by (7Q days after A
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.
1 l
l 5
Revo'sec/
~
- r acru%o g
i UNITED STATES L,OMGRESStoOAL e
E NUCLEAR REGULATORY COMMISSION i.
WASHINGTON, D.C. 20651K1001 h g g t-Q, The Honorable Lauch Faircloth, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United 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 Register. The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations on decommissioning 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.
i 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 comments on the proposed activities. Within-305-
% dcy: cf the public meeting licen:ce: would bc permitted to bcsin '- e tculd
-dece-incion4ng activitic E Licensees would be permitted t4 access a limited amount (up to 23%) of their decommissioning funds without prior NRC approval.
The licensing fee would also be substantially reduced because the license would no longer meet the definition of an operating license as specified in the requirements.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs (A)Mhin 90 chys of submM ok Oe. fugott
Enclosure:
Federal Register Notice (ud gecordy withIn ME3 ok Of-f cc: Senator Bob Graham ynbM L Md.i.
)
\\ittn5 te.5 Codd iri Mye deccumissiewing achviks.
POQ9,01l gE 37374 Fed:ral Register / Vol. 60 No.139 / Thursday July 20, 1995 / Proposed Rules i
number of dairy farmers who supply the purposes of clarification and procedural subsystems and databases also have a New Mexico-West Texas market. The simplification for non power reactors.
"lielp/Information Center" option that /
j cooperative stated that marketing DATES:The comment period expires is tailored to the particular subsystem.
t conditions have not changed since the October 18,1995. Comments received The NRC subsystem on FedWorld can provisions were suspended in 1993, and after this date will be considered if it is also be accessed by a direct dial phone therefore should be continued until practical to do so, but the Commission number for the main FedWorld BBS:
restructuring of the order can be is able to assure consideration only for 703-321-3339 Telnet via Internet:.
c.chieved through the formal rulemaking comments received on or before this fedworld. gov (192.239.92.3); File process.
date.
Transfer Protocol (FTP) via Internet:
The cooperative states that the ADDRESSES: Submit comments to: The Itp.fedworld. gov (192.239.92.205); and continuation of the current suspension Secretary of the Commission, U.S.
World Wide Web using the "Home is necessary to insure that dairy fanners Nuclear Regulatory Commission, Page": www.fedworld. gov (this is the who have historically supplied the New Washington, DC 20555, Attention:
Uniform Resource Locator (URL)).
Mrxico-West Texas market will Docketing and Service Branch. Copies of If usin a method other than the continue to have their milk priced comments received may be examined at NRC's to I free number to contact under this order. In addition, they the NRC Public Document Room,2120 FedWorld, then the NRC subsystem will m:intain that the suspension would L Street NW. (Lower Level),
be accessed from the main FedWorld continue to provide handlers the Washington, DC.
menu by selecting "F-Regulatory, i
fixxibility needed to move milk supplies For information on submitting Government Administration and State 1
in the most efficient manner and to comments electronically, see Systems" or by entering the command sliminate costly and inefficient SUPPLEMENTARY INFORMATION.
"/go nrc" at a FedWorld command line.
movements of milk that would be made FOR FURTHER INFORMATION CONTACT:Dr.
At the next menu select "A-Regulatory solely for the purpose of pooling the Carl Feldman, Office of Nucles' information Mall," and then select "A-l milk of dairy farmers who have Regulatory Research, U.S. Nuciear U.S. Nuclear Regulatory Commission" historically supplied the market.
Regulatory Commission Washington, at the next menu. If you access WRC l
Accordingly, it may be appropriate to DC 20555, telephone (301)-415-6194, from FedWorld's " Regulatory, suspend the aforesaid provisions from Anthony W, Markley, Office of Nuclear Government Administration" menu, 1
October 1,1995, through September 30, Reactor Regulation, U.S. Nuclear then you may return to FedWorld by l
1997.
Regulatory Commission, Washington.
selecting the " Return to FedWorld" List of Subjects in 7 CFR Part 1138 DC 20555, telephone (301)-415-1169, or option from the "NRC Main Menu."
Bradley W, Jones, Office of the General flowever,if you ac< as NRC at Milk marketing orders.
Counsel, U.S. Nuclear Regulatory FedWorld by using NRC's toll-free i
The authority citation for 7 CFR Part Commission Washington, DC 20555, number, then you will have full access t
l 1138 continues to read as follows:
telephone (301) 415-1628.
to all NRC systems, but you will not
(
have access to the main FedWorld l
Authority: 7 U.S.C. 601-674.
SUPPLEMENTARY INFORMATION:
Dated: luly 14,1995.
system. For more information on NRC Electmnic Access bulletin boards call Mr. Arthur Davis, l
l Lon flatamiya, Administmtor, AgricultumlMarketing Comments may be submitted Systems Integration and Development Service.
electronically,in either ASCll text or Branch, U.S. Nuclear Regulatory.
(FR Doc. 95-17861 Filed 7-19-95; 895 aml Word Perfect format (version 5.1 or Commission, Washington, DC 20555-later), by calling the NRC Electronic 0001, telephone (301) 415-5780: e-mail
. i em coos sm-m Bulletin Board on FedWorld. The AXD3@nrc. gov.
I i
)
bulletin board may be accessed using a
- 1. Background.
pers nal computer, a modem, and one
!!. Existing Regulatory Framework and Need NUCLEAR REGULATORY of the commonly available for the Amendments.
i COMMISSION communication software packages, or 111. Clarification of the Applicability of to 10 CFR Parts 2,50, and 51 directly via Internet. Background CFR Part 50 to Permanently Shutdown documents on the rulemaking are also Nuclear Power Plants.
I RIN 3150-AE96 available for downloading and viewing IV, Criminal Penalties Provisions, on the bulletin board.
I* Back "und E
Decommissioning on Wclear Power if using a personal computer and Reactors modem, the NRC subsystem on When the decommissionirm l
AGENCY: Nuclear Regulatory FedWorld can be accessed directly by regulations were published a_d adopted Commission.
dialing the toll free number: 1-800-on June 27,1988 (53 FR 24018),it was 303-9672. Communication software assumed that the majority of nuclear ACTION: Proposed rule.
parameters should be set as follows:
power reactor licensees would j
l
SUMMARY
- The Nuclear Regulatory parity to none, data bits to 8, and stop decommission at the end of the Comndssion is proposing to amend its bits to 1 (N,8,1). Use ANSI or VT-100 operating license. Since that time a i
regulations on the decommissioning terminal emulation. The NRC number oflicensees have shut down i
l procedures that lead to the termination rulemaking subsystems can then be prematurely without previously having of an operating license for nuclear accessed by selecting the " Rules Menu" submitted a decommissioning plan. In power reactors and release of the optjon from the "NRC Main Menu." For addition, these licensees have requested property. The proposed amendments further information about options exemptions from certain operating would clarify ambiguities in the current available for NRC at FedWorld, consult requirements because, without fuel rule and codify ractices which have the "lielp/information Center" from the present in the reactor, they are no longer been used for ot er licensees on a case-
"NRC Main Menu." Users will find the needed. Each of these cases has bean I
by. case basis. Some proposed "FedWorld Online User's Guides" handled individually without clearly amendments have also been made for particularly helpful. Many NRC defined generic requirements.
(,
l Fediral Register / Vol. 60, No.139 / Thursday July 20, 1995 / Proposed Rules 37375 The Commission is proposing to permanently shut down, as currently 2.1201, on the license termination plan.8
/
amend the decommissioning regulations must be done, llowever, for non-power The Commission would also hold a h to CFR Parts 2,50, and 51 to clarify reactor licensees, a POLA would still be public meetingin the vicinity of the ambiguities in the current regulations issued.
site,in a similar manner to the one held and to codify procedures and Although no major deconunissioning for the PSDAR. Once the licensee had terminology that have boon used in a activities, as defined in 10 CFR 50.2, completed implementation of the I
number of specific cases. The would be allowed initially, limited termination plan and the Commission l
Commission believes that the proposed licensee decommissioning trust funds had verified that the licensee had amendments would enhance efficiency would be made available for planning satisfactorily implemented the l
and uniformity in the decommissionin;; Purposes and early activities. The termination plan then, as in the existing process for nuclear power reactors. The remaining decommissioning funds rule, the Commission would terminate
(
proposed amendments would allow for would be made available after submittal the license. Any Subpart L hearing for greater public participation in the to the NRC of the licensee's detailed the license termination plan amendment decommissioning process and furnish decommissionin8 cost estimate. Before must be completed prior to license the licensed community and the public undertaking major decommissionin8 termination.
a better understanding of the process as activities, the licensee would be Three aspects of these proposed the operating personnel at a nuclear required to provide the NRC with a regulatory changes that can affect both power reactor facility undergo the post-shutdown decommissionind power and non power reactor facilities trmsition from an operating activities report (PSDAR) that provides are addressed in the proposed rule for organization to a decommissioning a schedule of planned decommissioning purposes of clarification. The first organization. This rulemaking would activities, an estimate of the provides that environmental address the process which begins with decommissioning costs expected to be requirements for conditional release I
a licensee's decision to permanently incurred, and a discussion of situations be explicitly considered (10 ce so operations at the facility and environmentalimpacts of CFR 51), based on the proposed concludes with the Commission's decommissioning. The NRC, within a 90 decommissioning residual radioactivity approval of license termination. These day penod, would inform the pubhc of criteria rule (59 FR 43200 August 22, rule revisions would reduce regulatory the licensee s intent to decommission' 1994). The second clarifies that a license burden while providing greater make the PSDAR available for public that has expired is not terminated until flexibility for implementing c mment, and hold a public meeting in the Commission terminates it and decommissioning activities. Thh would the vicinity of the site to describe the further clarifies what conditions prevail P anned activities and hear additional under such circumstances. The third l
result in resource savings through a more efficient and uniform regulatory Q}l c n]} e d b cm clarifies that existing technical b
s b
t ng before the 90 day eriod of time ends.
specifications for reactors that are not process.
The conceptual approach the This process will llow closer NRC authorized to operate will remain Commission has chosen divides power oversight and better public knowledgo effective until removed or modified by license amendment.
retctor decommissioning activities int of these activities.
phases I, II, and III. Phase I commences After this 90 day period of time, the Additionally, an aspect of these with the effective date of permanent licensee could begin maior Pmposed regulatory changes that affects cessation of operations and deals with decommissioning (i.e., dismantlement) non-power reactor facilities is addressed those licensee activities that the licensee activities as allowed under the current in the proposed rule for purposes of undertakes before placing the power 10 CFR 50.59, unless the NRC Procedural simplification. The re ctor in a storage mode. Phase 11 deals interposes an objection. Additional requirement in the current rule that with licensee activities during the criteria would be added to S 50.59 Preliminary decommissioning plans bo storage period, and Phase 111 deals with specifically pertinent to submitted five years prior to permanent the activities the licensee undertakes to decommissioning activities. Further, shutdown or license expiration has been t:rminate the license. The should the licensee make anv Wnificant changed to 2 years to take more realistic implementation of this approach changes to the PSDAR active Iand account of the planning time periods i
I comprises the following aspects. During schedules, which NRC antic., ites may necessary for non-power reactor Phise I, certifications would be occur as a result of such factms as facilities.
provided to the NRC that the licensee utilization of new decommissioning Finally, also for purposes of his permanently ceased operations and technology or access to low-level waste procedural simplification, an aspect of permanently removed all fuel from the facilities, the licensee would be required these proposed regulatory changes that re:ctor vessel. At this time, the licensee to give NRC prior notice before affects both power and non-power I
would be prohibited by regulation from implementing those changes.
reactor facilities is that the approved operating the reactor, The proposed rule After an optional period of storage decommissioning plan for the non-would also make changes to Part 50 (Phase II), Phase III would be initiated power reactor facilities or the approved requirements to reflect the non-when the licensee's application to license termination plan for the power op rating status of the facility during terminate 'he license and license reactor facilities be made part of the l
the decommissioning process. The termination plan were received by the FSAR. This affords the licensee licensing fee would also be substantially NRC. At this time, a supplemental flexibility in making certain changes to l
. reduced because the license would not environmental report would also be these plans withc,at a formalized i
l meet the definition of an " operating required if there were the possibility of license" as defined in t o CFR 171.5.
significant environmental impacts not i The subpart t. prtress will be used and the to l
Based on these proposed regulatory previously covered in other CFR so license will be terminated only if spent fuel f
h Part lit enied changes a power reactor licensee would environmental impact statements. The g=engnjujnlg no longer need to obtain a possession Commission would notice receipt of th,s remains on the Part 50 site at the time of litense i
only license amendment (POLA) to information and provide opportunity for termination plan submittal the subpart c prtress obtalu regulatory relief when a hearing, under Subpart L of 10 CFR will be used.
l i
l j
et 37376 Federal Register / Vol. 60 No.139 / Thursday July 20, 1995 / Proposed Rules amendment process which would shortfall. Currently, prior to approval of meet the conditions listed in S 50.59, otherwise be necessary(.
the decommissioning plan by the and the licensee prepares and maintains.
On August 22,1994 59 FR 43200),
Commission, no decommissioning trust a written safety evaluation that provides the NRC published a proposed rule on funds can be used (although case-the basis for their determination that the' radiological criteria for specific exceptions have been made).
planned chenges meet the criteria decommissioning for comment. Section Finally, aside from the licensee specified in the regulation. The NRC 20.1406(b) of the proposed rule would voluntarily informing the public about inspects these evaluations pcriodically require that a Site Specific Advisory decommissioning activities, very to ensure that the licensee is complying Board (SSAB) be convened in cases limited public input or participation is with the regulation. To ensure that where a licensee proposes to request formally required in the current rules.
licensees adequately address the unique rest:icted release of the site. On flowever, public meetings and informal circumstances associated with December 6-8,1994, a workshop on this hearings have been held for plants decommissioning activities, the issue was held in Washington, DC. The undergoing decommissioning for case-Commission is proposing to include objective of the workshop was to specific situations.
additional criteria for the use of S 50.59 conduct a discussion among affected The proposed rule would preserve the during decommissioning. The criterie interests on the implementation of the substantive elements of the current would apply to both power and non-SSAB requirement. The current rule is regulations, provide for greater public power reactors, although non-power j
not primarily intended to address the participation in the decommissioning reactor licensees could not perforni comments on the radiological criteria process, and allow the licensee to major decommissioning activitiet until rule for decommissioning. Ilowever, the perform decommissioning activities they had an approved decommissioning stiff was cognizant of the comments provided certain constraints are met.
plan-as in the current rulc. The j
made in that workshop and the language The proposed rule would make the Commission proposes ths.t in using the contained in this proposed rule does decommissioning process more S 50.59 process for post-shutdown cddress the concern for early public responsive to current licensing needs activities the licensee must meet the information and participation raised in and improve the process in the areas of following criteria which provide il at that forum. The staff will more directly understandability, efficiency, and the proposed activities must not:(1)
I address the workshop comments in the uniformity.
Foreclose release of the site for possible dIvelopment of the final rule on the During the Phase I process, proposed unrestricted use, (2) signihcantly radiological criteria for S 50.82(a) provides that, within 2 years increase decommissioning costs, (3) decommissioning. If finalization of the of permanently ceasing operations, a cause any significant environmental radiological criteria rule requires any post. shutdown decommissioning impact not previously reviewed, or f4) modifications to the current proposed activities report (PSDAR) must he violate the terms of the licensee's rule, those modifications will be made submitted to the NRC. The PSDAR existing license. To undertate any as part of the radiological criteria rule would include a description of the activity that would not meet these l
development process.
licensee's planned decommissioning criteria, the licensee must submit r f
I U. Existing Regulatory Framework and activities and a schedule for their license amendment request, as is i
Need for the Amendments accomplishment, an estimate of currently the requirement under spected costs, and a discussion S 50.59(c).
l The Commission has examined the addressmg whether or not the The Commission proposes to codily present regulatory framework for environmental impacts associated with the position embodied in the drr.ft decommissioning, largely contained I
within 10 CFR 50.82, with additional site-specific decommissioning activities policy statement "Use of will be bounded by existmg Decommissioning Trust Funds Before l
requirements in 10 CFR 50.75,51.53, envir nmentalimpact statements. Upon Decommissioning Plan Approval"(59 and 51.95, as well as the 10 CFR 50 technical requirements, to ascertain the receipt f the PSDAR, the NR,C will FR 5216; February 3,1994) that the ann tmce in the Federal Register licensee should be allowed to use riate regulatory path to take that appr hameliorate current licensing receipt f the report, make the PSDAR decommissioning trust funds subject to woutc concerns without compromising health available for pubhc comment, and certain cr,teria. The criteria presented in ann unce the location and time of a the draft policy statement have been and safetbent rule requires a licensee to public meeting to be held in the vicinity modified in the proposed rule in The cu submit a preliminary decommissioning i the reactor facility site to discuss the response to public comments. The plan 5 years before permanent cessation licensee s plans.2 Section 50.82(a)
Commission recognizes the need for the further states that after the NRC receives licensee to provide adequate financial of operations, with a site-specific cost estimate, and an adjustment of financial ccrtification of permanent removal of assurance to complete decommissioning assurance funds. A detailed the fuel from the reactor vessel and 90 at any time during operation, up to and decommissioning plan must be days after the NRC receives the PSDAR, including the termination oflicense, submitted to the NRC within 2 years the licensee may begm to perform major and is proposing criteria, along with after permanent cessation of operations. decommissmning activities if the criteria that specify when and how At that time, a supplemental activities meet the requirements m, much of these trust funds can be used, environmental report must also be 5 50.59. This would generally occur 30 to ensure that licensees maintain submitted to the NRC describing any days after the pubhc meeting.
adequate funds to complete substantive environmental impacts that The provisions of 6 50.59 presently decommissioninF. In accordance with allow the licensee to make changes t the current rule, the Commission are anticipated but not already covered in other environmental impacts the facility during operation without proposes to retain, under 6 5035(f), the documents. The detaile '
express NRC approvalif these changes requirement for site-specific cost decommissioning plan contains an estimates 5 years before and within 2 updated site-specific cost estimate with g,',yng7n[gynY;[g]((,$,$,7,iI,Tgc years ak b knd Mmh p I decommissioning funds adjusted in an si,, hcang the pubk mecung pum to the permanent cessation of operations. (1 or external trust to make up for any pmmnenuem,non of opmum non-power reactors. the Comnussion.
~
Fediral Registsr / Vol. 60, No.139 / Thursday July 20, 1995 / Proposed Rules 37377 proposes to require, under $ 50.75(f),
would contain similar elements for could choose to undertake major that a preliminary decommhsioning consideration as the current rule decommissioning activities a' the t
(
plan be submitted 2 years rather than requires. In particular, the proposed rule reactor facility 90-days after the NRC
(
l the current 5 years before permanent would requi e that the termination plan receives the PSDAR,it is important to l
cessation of operations because this is a contain a site characterization, a define what " major decommissioning i
more realistic timing requirenent for description of remaining dismantlement activity" means. The definition chosen
)
l non power reactors.) Once the NRC has activities (if any), plans for site is, for a nuclear power reactor, any received the licensee's certification of remediation, detailed plans for the final activity that results in permanent permanent cessation of operations, radiation survey, a description of the removal of major radioactive decommissioning trust funds could be end use of the site (if restricted), an components, pennanently modifies the used by the licensee. Ilowever, the updated site-specific analysis of structure of the containment, or results l
I withdrawal of funds would be subject to remaining decommissioning costs, and a in dismantling components for l
l the following criteria:(1) The supplement to the environmental report, shipment containing greater than class C l
withdrawals are for expenses for as required by $ 51.53, that describes waste. Accordingly "majorradioactive
' legitimate decommissioning activities any rew information or significant components" would be defined for a consistent with the definition of environmental change associated with nuclear power reactor to comprise the decommissioning in $ 50.2:(2) The the licensee's proposed reactor vessel and internals, steam expenditure would not reduce ths value decommissioning activities.
generators, pressurizers, large bore of the decommissioaing trust below an The NRC would notice receipt of the reactor coolant system piping, and other
- e. mount necessary to place and maintain licanse termination plan as a license large components that are radioactive.
the licensee's reactor in a safe storage amendment, conduct a public meeting Written communication requirements condition if unforeseen conditions or in the vicinity of the site, and provide for licensee permanent cessation of expenses arise and, (3) The withdrawal = opportunity for a 10 CFR part 2, subpart operations and permanent removal of would not inhibit the ability of the L, hearing, as specified in $ 2.1201(a)(3), fuel from the reactor vessel would be licensee to complete funding of any if the spent fuel had been removed from specified in SS 50 A(b) (6) and (9). The i
shortfalls in the decommissioning trust the 10 CFR part 50 licensed site and licensee would be required to state the needed to ensure the aval! ability of transferred to an authorized facility.
date on which operations will cease, or fur ds to ultimately release the site and Otherwise, there would be opportunity have ceased, in its certi'ication n:
terminate the license, for a 10 CFR part 2, subpart G, hearing, permanent cessation of operations. The The proposed rule would permit, as provided for in the current rules. The licensee, in its certification regarding under 6 50.82(a)(7), that 3 percent of the license could not be terminated if fuel penmanent removal of fuel from the gerstic deccmmissioning cost amount, were located on the site covered by the teactor vessel, would state the date on apecified in $ 50.75, could be used by to CFR part 50 license.The Subpart L which the fuel assemblies were removed the licensco initially for hearing is appropriate for the nature af and their disposition.
decommissioning planning. Following a permanently shutdown facility where Because of previous case-specific the 90-day waiting period after the NRC the spent fuel has been removed from requests the NRC has received from has received the licensee's PSDAR and thu 10 CFR part 50 site and transferred licenses for exemptions from operating i
u on certification of permanent removal to an authorized facility, since the requirements in recognition of the offuel from the reactor vessel, an def"eled site is analogous to materials permanent shutdown of the facility and additional 20 percent could be used to licensees that typically use Subpart L permanent removal of fuel from the commenm major decommissioning hearings for license amendments, reactor vessel, the Commission has A pmpriate conforming amendments undertaken an analysis to determine the activities. Finally, the proposed rule t
would require a site-specific cost have been proposed for 10 CFR 2.1205 appropriateness of applying certain 10 analysis to be submitted to the NRC and 50.91 to reflect the application of CFR part 50 requirements during the prior to the licensee being permitted to subpart L hearings to 10 CFR part 30 post shutdown period of the facility, l
use any funding in excess of 23 percent license amendments following removal The results of a portion of that study are of the generic cost estimate, and,in any of the fuel from the 10 CFR part 50 presented in Section III of this rule.
case, within 2 years of permanent licensed site and transfer to an This proposed rulemaking primarily l-cessation of operations.
authorized facihty Section 50.82(a)(9) addrssses power reactor facilities After an optional period of storage would specify that the Commission beca_se, unlike non-power reactor (Phase 11 of the decommissioning would approve the termination plan and facilities, a delay of up to 60 years process), $ 50.82(a)(8) of the proposed the plan would become part of the between the time of permanent rule would require the licensee to FSAR. (Similarly, for non power cessation of operations and license complete decommissioning by reactors, the dacommissioning plan termination cea occur. Such a situation, submitting an application to terminate would become part of the FSAR or e5Pecially under circumstances of the licenso aJong with a license equivalent.) As in the current rule, the premature closure, requires special termination plan. This wouis citiate
. licensee would then execute the plan regulatory consideration to deal with Phase !!! of the decommissioning and, after this was accomplished and licensee decommissioning activities in a process. This process is similar to the verified tsy the NRC, the Commission timely efficient, and uniform manner.
requirements in the current rule for a would terminate the license.
Howes er, there are three aspects of power reactor licensee that has In order to clear up various these proposed regulatory changes that permaner.tly ceased operations and ambiguities in the current rule regarding can affect both power and non-power decides to go into a storage moda. The power reactors, definitions of reactor facilities. These aspects ar.
current nde allows a less detailed permanent cessation of operations, addressed in the proposed rule for decommissioning plan initially, with permanent removal of fuel from the purposes of clarification.The proposed the more detailed plan nearer to the reactor vessel, major decommissioning rule includes requirements for completion of decommissioning because activity, major radioactive components conditional release situations, as moic accurate planning can be and certified fuel handler, would be discussed in the proposed accomplished. The termination plan codified in S 50.2. Because a licensee decommissioning residual radioactivity 1
i W
f 37378 Federal Regist:r / Vol. 60 No.139 / Thursday July 20, 1995 / Proposed Rules criteria rule (59 FR 43200: August,22, licensees and the Commission. After a indicate that the controls, limits, and l
1994). Proposed S 51.53(b) (and nuclear power reactor is permanently requirements for controlling radiologicalf correspondingly, under proposed shutdown and awaiting or undergoing effluents are also required during the (
$ 51.95 for NRC staff requirements) decommissioning, certain regulations, permanently shut down and states that environmental considerations which are based on power operation, are decommissioning phase of a nuclear of the decommissioning activities must no longer necessary. Other regulations power plant.
be explicitly considered during the may have limited applicability but C. Environmental Conditions licensee's request for decommissioning require modification to appropriately plan or license termination plan address the concerns associated with Requirements associated with l
spproval. Proposed S 50.51(b) states that the permanently shut down condition.
environmental conditions are found in l
a license that has expired is not The Commission proposes to amend a 10 CFR 50.36b. The applicability of to t:rminated until the Commission number of the regulations contained in CFR 50.36b to the operational phase of notifies the licensee in writing that the 10 CFR part 50 to clarify their a nuclear power plant is clearly license is terminated. The proposed applicability to permanently shutdown understood. However, the existinE requirement further states that durir.g nuclear power reactors, regulation has caused uncertainty as to cny period of continued effectiveness The following paragraphs discuss its applicability to the permanently beyond the lleensee's stated expiration technical requirements that have been shutdown and decommissioning phase dite, the licensee: (1) is prohibited from determL ed to have limited or no of a nuclear power plant. The I
operating the production or utilization applicability and require clarification or Commission is proposing to amend to ficility; (2) Must limit activities to modification of their applicability to CFR 50.36b to clearly indicate that actions necessary to decommission and permanently shutdown nuclear power conditions to protect the environment decontaminate the facility, or actions reactors. Once the technical review is -
remain a part of the license and are necessary to maintain the facility, completed, future rulemaking may be required during the per~anently including the storage, control and forthcoming to address the applicability shutdown and decommissioning phase maintenance of the spent fuelin a safe of additional technical requirements to of a nuclear power plant.
condition and;(3) Must conduct non-operating reactors.
D. Combustivle Gas Control activities in accordance with all other 8chnico1S ecifications The combustible gas control A
P restrictions applicable to the facility in l
NRC regulations and provisions of the The requirements for technical requirements are found in to CFR 50.44.
specific part 50 license for the facility.
6Pecifications are found in 10 CFR These requirements were instituted to l
This provision is consistent with NRC 50.30.The applicability of to CFR 50.36 improve hydrogen management in light requirements for other licensees and to the operational phase of a nuclear water reactor (LWR) facilities and to I
avoids any gaps in the licensing of reactor is clearly understood. However, provide specific design and other regulated facilities. This same rationale the existing regulation has caused requiremems to mitigate the applies to both power and nonper uncertainty as *o its applicability to the consequences of accidents resulting in e /
reactors. Accordingly, this clarification permanently shutdown and degraded core. The requirements focus t would also pertain to non-power decommissioning phase of a nuclear on the capability for measuring reactors. Finall ', proposed S 50.36(c)(61 power reactor.The Commission is hydrogen concentration, ensuring a and (e) clarify t at for reactors that are Pmposing to amend 10 CFR 50.36 to niixed atmosphere, and controlling not authorized to operate, existing clearly indicate that the controls, limits, combustible gas mixtures following a technical specifications will remain and requirements established by the loss of coolant accident (LOCA). The effective until removed or modified by technical specifications are a continuing concern for hydrogen generation during license amendment.
part of the license in the permanently a LOCA does not exist with the shutdown and decommissioning phase permanently shutdown power reactor. A III. Clarification of Applicability of to of a nuclear reactor. The Commission nuclear power plant that has l
CFR Part 50 to Permanently Shutdown recognizes that technical specifications permtnently ceased operations and Nuclear Power Plants pertinent to the operational phase will permanently removed all ofits fuel Once a decision has been made to need to be revised and amended to outside of primary containment no permanently cease operations of a reflect plant conditions and safety longer presents challenges to the reactor i
nuclear power reactor, the proposed concerns associated with permanent pressure vessel and primary i
l rule would require that the licensee cessation of cperations and permanent containment from accident-generated l
must notify the NRC, by certification, removal of the fuel from the reacter combustible gases, and such concerns l
that the nuc' ear power reactor has vessel. Existing technical specifications are no longer an issue. Therefore, the ceased operations and that fuel has been will remain effective until removed or Commission is propostrw to amend the permanently remcyod from the reactor modified by license amendment.
requirements in 10 CFR 50.44 to indicate its nonapplicability to this vessel. Then, by NRC regulation, the B. Technical Specffications for Effluents i
licensee a authority to operate the situation.
reactor or to maintain or place fuel in Effluent technical specifications are the reactor would be removed, as found in 10 CFR 50.36a and Appendix E. Emergency Core Cooling Systems specified in proposed S 50.82(a). This
- 1. The applicability of to CFR 50.36a (ECCS) Acceptance Criteria non-operating status would provide a and Appendix I to the operational phase The acceptance criteria for ECCS for basis to remove regulatory requirements of a nuclear power plant is clearly LWRs are found in 10 CFR 50.46 and in that are no longer necessary to protect understood. liowever, the existing Appendix K. These regulations require the public health and safety, regulation has caused uncertainty as to that the ECCS be designed to provide for Licensees have historically pursued its applicability to the permanently long term cooling by limiting post roll;f from these requirements by means shutdown and decommissioning phase LOCA peak cladding temperature, clad of obtaining license amendments and of a nuclear power plant. The oxidation, and hydrogen generation to.'
exemptions.This process has placed Commission is proposing to amend to specified values. Without fuel in the significant resource burdens on both CFR 50.36a and Appendix Iin clearly vessel. ECCS systems are not required
i Fed:rel Register / Vol. 60. No.139 / Thursday July 20. 1995 / Proposed Rules 37379 because a design basis LOCA could not removal of fuel from the reactor vessel, consistent with the preposed detimtion 1
occur Therefore, the Commission is the harsh enviromnent associated with of " Certified Fuel llandler" specified in poposing to amend 10 CFR 50.46 and LOCA accidents un no longer occur.
5 50.2, to make these evaluations and Appendix K to indicate their Therefore, the Commission is proposing judgments. A nuclear power reactor that nonapplicability to a nuclear power to amend 10 CFR 50 49 to indicate its has permanently ceased operations and re ctor facility that has permanently nonapplicability to a nuclear power no longer has fuel in the reactor vesel
~
ce: sed operations and has permanently reactor facility licensed under these does not require a licensed individual to removed fuel from the reactor vesseh conditions.
mestor coro conditions. A certified f el F. Fire Protection
- 11. Containment Lealcoge Testing handler at a permanently shutdown and defueled nuclear power reactor Section 50.48 does not addreas fire In 10 CFR 50.54, paragraph (o) undergoing decommissioning is an protection for power reactor facilities requires that primary containments for individual who has the requisite that have permanently ceased water cooled reactou be subject to the knowledge and experience to evaluate operations and permanently removed requirements of 10 CFR Part 50-plant conditions and make these l
furl from the reactor vessel. Ilowever, Appendix J. This appendix requires judgements.
I thi facility still remains radioactively periodic testing to verify the leak-tight contaminated and may (and most likely integrity of the primary containment
/. Fracture Prevention Measures will) maintain fuel at the facility.
and those systems and components that The regulations in 10 CFR 50.60, Section 50.48(f) has been added to the penetrate the containment. The primary 50.61, and Ap endices G and 11 s$ocify proposed amendments to require containment of an operatmg reactor is the requiremerits for fract ire toug ness licensees that have permanently ceased one of several fission product barriers and material surveillance programs for operations to maintain a firo protection designed to protect the public health,
the reactor coolant presst i boundary of program. The proposed rule permits the ar.d safety m the event of a design basis licensee to make changes to the fire accident such as a LOCA. Once a LWRs. The intent of these regulations is protection program v/itbeut NRC nuclear power reactor ermanently to maintain reactor cooh.at pressure approvalif these changes do not reduce ceases operations, the uel is removed boundary integrity by assuring adequate the effectiveness of fire protection for from the reactor vessel and placed in the margins of safety during any condition facilities, a stems and equipment which spent fuel pool or an independent spent of nonnal operation,inctuding l
could resu t in a radiological hazard, fuel storage installation (ISFSI). After anticipated operational occunences.
taking into account the the fuel has been removed from the gg,gg gg d: commissioning plant condhions and reactor vessel, a LOCA can no longer the reactor vessel, accidents and
<ctivities.
occur. Therefore, leakage testina of the transmnts that affect the integrity of the G. Environmental Qualification containment is no longer necessary. As reador coolant pressure boundary can 1 nger ccur. The measures required n
a result, the Commission is proposing to The regulations for equipment amend to CFR 50.54(o) to indicate its by these regulations are no longer lustification (EQ) are found in 10 CFR nonapplicability to a nuclear power n cessary. Therefore, the Conimission is 50.49; The regulations cover that reactor facility that has permarently Proposing to amend,10 CFR 50.60 and portion of equipment important to ceased operations and has permanently 50.61 to mdicate their nonapplicability sahty commonly referred to as " safety removed fuel from the reactor vessel.
t a nuclear power reactor facility that reltted." Safety related structures, has permanently ceased operations and systems, and components (SSCs) are I. Emergency Actions has permanently removed fuel from the l
those that are relied upon to remain in 10 CFR 50.54(x) a licensee is reactor vessel.
functional during and following design allowed to take reasonable actions that K. Antic / pated Transient Without Scrans ba:is events to cnsure: (1) The integrity may depart from a license condition or Requirements of the reactor coolant pressure technical specification in an emergency.
boundary. (2) the capability to shut This is permitted when action is The purpose of 10 CFF 50.62 is to down the reactor and maintain it in a immediately needed to protect the require improvements lohe design and safa condition, and (3) the capability to public health and safety and no actions Operation 01 LWRs to reduce the prevent or mitigate the consequences of consistent with license conditions and likelihood of reactor protection system accidents that could result in potential technical specifications that can provide (RPS) failure following antic; pated offsite exposures comparable to the adequate or equivalent protection are operational occurrences. This regulation guidelines of to CFR Part 100. Design immediately apparent.
also requires improvements in the basis events are defined as conditions of These regulations serve to ensure that capability to mitigate the consequences normal operation of the reactor, emergency action decisions necessary to of an anticipated transient without including anticipated operational protect the public health and safety are scram (ATWS) event.
occurrences, design basis accidents, made by an individual who has both the Although the ATWS event can be a cxt:rnal events, and natural requbite knowledge and plant significant contributor to operating I
ph:nomena, for which the plant must be experience. The licensed senior operator plant risk,it is not re evant to nuclear designed to ensure the functions (1) at an operating nuclear power reactor power plan:s that have permanently through (3).
has the requisite knowledge and ceased operations and have l
The EQ rule is clearly limited to experience to evaluate plant conditions permanently removed fuel from the clectrical equipment that must function and make these judgments.
reactor since the RPS is no longer i
during design basis events, in response The Commission is proposing to needed. Therefore, the Commission is to comments on 1,e final rule,(48 FR amend 10 CFR 50.54(y) to permit a proposing to amend 10 CFR 50.62 to l
2729, January 21, loa 3), the certified fuel handler at nuclear power indicate its nonapplicability to a nuclear Commission noted that the EQ rule does reactors that have permanently ceased power reactor facility that has not cover the electric equipment located operations and permanently removed permanently ceased operations and
.in a mild environment. With permanent fuel from the reactor vessel, subject to permanently removed fuel from the ceIsation of operations and permanent the requirements of S 50.82(a) and reactor vessel.
(
I e
37380 Fed:ral Registir / Vol. 00, No.139 / Thursday July 20, 1995 / Proposed Rules L. Monitoring the Effectiveness of remove the exemption for S 50.82 from burden, to the Information and Records Maintenance the criminal penalty provisions.
Management Branch (T-6 F33), U.S.
Washmgton, DC 20555-0001: and to the Nuclear Regulatory Commission, The applicability of 10 CFR 50.65 to Finding of No Significant l
the operational phase of a nuclear EnvironmentalImpact Availability I
power plant is well understood' Desk Officer. Office of Information and The Comm.ir ;in has determined Regulatory Affairs, NE0B-10202, liowever, to eliminate any uncertainty under the Nat;..al Environmental (3150-0011). Office of Management and as to its app;icability to the permanently Policy Act of 1969, as amended, and the Budget, Washington, DC 20503.
shutdown and decommissioning phase of a nuclear power plant, the Commission's rotulations in Subpart A of to CFR Part 51, that this rule,if Regulatory Analysi; Commission is proposing to amend to adopted, would not be a major Federal The NRC has prepared a draft CFR 50.65 to clearly indicate that the action significantly affecting the quality regulgtory analysis of this proposed licensee must monitor the performance of the human environment and therefore regulation. The analysis qualitatively ii or condition of all structures, systems.
an environmental impact statement is examir es the costs and benefits of the and components associated with the not required. The proposed rule would alternt.tives considered by the NRC. The storage, control, and maintenance of clarify current decommissioning dral regulatory analysis is available for
- 1. pent fuel in a safe condition during the requirements for nuclear power reactors inspection in the NRC Public Document pinnanently shutdown and in 10 CFR Part 50, and set forth a more Itoom,2120 L Street NW. (Lower Level),
decommissioning phase of a nuclear efficient, uniform, and understandable Washington, DC 20555. Single copies of 4
power plant subject to the requirements process. The Commission has already the analysis may be obtained from Dr.
l of S 50.82(a).
analyzed the major environmental Carl Feldman, Office of Nuclear M. Maintenance ofRecords and the impacts associated with Regulatory Research U.S. Nuclear Making of Reports decommissioning in the Generic Regulatory Cammission, Washington, Environmental Impact Statement (GEIS), DC 20555, telephone (301) 415-6194.
The requirements for licensees to NUREG-0586, August 1988, published The Commission requests public a
periodically update the Floal Safety in conjunction wPdi the Commission's comment on the draft regulatory Analysis Report (FSAR) are contained in final decommissioning rule (53 FR analysis. Comments on the draft i
10 CFF 50.71. The regulation requires 24018, June 27,1988). The NRC has sent analysis may be submitted to the NRC i
that " persons licensed to werate a a copy of the Environmental Assessment as indicated under the ADDRESSES nuclear power reactor" update the and this proposed rule to every State heading.
facility FSAR annually or after each Liaison Officer and requerted their Regulatory Flexibility Certification i
refueling outage with intervals not to comments en the Environmental exceed 24 months. In order to ensure Assessment. The environmental In accordance with the Regu;atory that applicable sections of facility assessment and finding of no significant Flexibility Act of 1980 (5 U.S.C. 605(b)),
FSARs continue to be updated, the
. mpact on which this determination is the Commission certifies that this rule /
I Commission is proposing to amend this based are available for inspection and will not, if promulgated. have a i
regulation to make it applict.ble to photocopying for a fee at the NRC significant economic impact on 6 licensees that have permanently ceased Public Document Room,2120 L Street substantial number of small entitles.
operations, pursuant to $ 50.82(a)(1).
NW. (Lower Level) Washington, DC.
The proposed rule would Jmpose The Commission is also proposing that Single copies of the environmental requirements for timely the decommissioning plan for non-assessment and the finding of no decommissioning of nuclear power I
power reactors be made a part of the significant impact are available from P ants. The companies that own these l
facility FSAR or equivalent. These Carl Feldman, U.S. NRC, Washinton DC P ants oo not fall within the scope of the l
i changes will permit licensees to update 20555,(301)415-6194.
definihon of small entities as given in their FSARs and decommissioning the Regulatory Flexibility Act or the -
planning documents without prior NRC Paperwork Reduction Act Statement Small Bua less Size Standards approval.
This proposed rule amends promulga -d in regu ations issued by i
IV, Crin.inal Penalties Provisions information collection requ'.rements that the Small Business Administration (13 are subject to the Paperwork Reduction UAC. Part 121).
The existing provisions of 10 CFR Act of 1980 (44 U.S.C. 3501 et seq.) This Backfit Analysis i
50.82 are treated as nonsubstantive and rule has been submitted to the Office of are not subject to criminal enforcement. Management and Budget for review and The Commission is proposing not to
{
Under the Commission's proposed approval of the paperwork apply the backfit rula,10 CFR 50.109. tu
{
amendments to 10 CFR 50.82, licensees requirements.
these proposed amendments, and would be required to take certain Because the rule will relax existing therefore. a backfit analysis has not been actions which the Commission believes information collection requirements, the prepared for this rule. The scope of the are essentialin initiating the public burden for this collection of backfit provision in 10 CFR 50.109 fs decommissioning process, e.g.,
information is expected to be reduced limited to construction and operation of i
certifying to permanent cessation of by 12,202 hours0.00234 days <br />0.0561 hours <br />3.339947e-4 weeks <br />7.6861e-5 months <br /> per licensee. This reactors. These proposed amendments l
operations and permanent removal of reduction includes the time required for would only apply to reactors which fuel from the reactor vessel, and reviewing instructions, searching have permanently ceased operations submitting a PSDAR. Thus, the existing data sources, g4thering and and, as such, would not constitute Commission believes that the amended maintaininz the data needed and backfits uncter 10 CFR 50.109.
provisions of 10 CFR 50.82 should be completing and reviewing the collection List of Subjects considered as substantive and ismed of in formanon. Send comments 10 C.FH Part 2 under sections 1G1b,1611, or 161o of the regarding the estimated burden Atomic Energy Act of 1954, as 1 mended, reduction or any other aspect of this Administrative practice and i
Accordingly, the Commission is collection of information, including procedure. Antitrust. Hyproduct proposing to amend 10 CFR 50.111(b) to suggestions for furtl/ar reducing this material. Classified information, 1
l
i 1
l Fedtral Kegister / Vol. 60, No.139 i inursday July 20, 1995 / Proposed Rules 37381
)
I Environmental psotection, Nuclear 2.809 also issued under 5 U.S.C 553 and sec.
to the opportunity for a hearing under naterials, Nuclear power plants and
- 23. Pub. L 85-256,71 Stat. 579, as amended the procedures set forth in this subpart,
/
reactors, Penalty, Sex discrimination, (42 U.S.C 2039). Subpart K also issued under referring to either the receipt of an 8'C[1B9 9(42 Sta
.S C 223 h sec.
application, or the granting of an i
Source material, Special nuclear 33 p 9,
9 ( 2 la g 8PP cation,in whole or in part, li material, Waste treatment and disposal.
10154). Subpart L also isLued under sec.189, 10 CFR Part 50 68 Stat. 955 (42 U.S.C 2239). Appendix A requesting a licensing action. With also issued under sec. 6. Pub. L 91-560,84 respect to an amendment described in Antitrust, Classified information.
Stat.1473 (42 U.S.C 2135). Appendix B also $ 2.1201(a)(3), the Commission, prior to Criminal penalties, Fire protection, issued under Sec.10, Pub. L 99-240,99 Stat. Issuance of the requested amendment, Intergovernmental relations, Nuclear 1842 (42 U.S.C 2021b et. seq.).
will follow the procedures in S 50.91 power plants and reactors, Radiation
- 2. In $ 2.1201, paragraph (a)(3) is and S 50.92(c) to the extent necessary to protection, Reactor siting criteria
- added to read as follows:
make a determination on whether the Reporting and recordkeeping amendment involves a significant requirements.
52.1201 scope of subpart.
hazards consideration. If the 10CFR P W 1 Commission finds there are sigmacant (a) * * *
(3) The amendment of a part 50 hazards considerations involved in the Administrative practice and license following permanent removal of requested amendment, the amendment procedure, Environmentalimpact fuel from the site to an authorized will not be issued until a iy hearings statement, Nuclear materials, Nuclear facilityfor licensees that have under this paragraph are completed.
power plants and reactors, Reporting previously made declarations related to (2) If a Federal Register notice is not and recordkeeping requirements.
permanent cessation of operations and published in accordance with paragraph For reasons set out in the preamble permanent removal of fuel from the (d)(1), the earliest of-and under the authority of the Atomic reactor in accordance with $ 50.62(a)(1).
Energy Act of 1954, as amended, the Subpart L Learings for the license (e) * *
- Energy Reorganization Act of 1974, as termination plan amendment,if (2) How the interests may be affected j
amended, and 5 U.S.C. 553, the NRC is conducted, must be completed prior to by the results of the procee. ding, 1
proposing to adopt the following license termination.
including the reasons why the requestor amendments to 10 CFR Parts 2,50, and should be permitted a hearing, with 51.
- 3. In S 2.1203 paragraph (e) is revised Particular reference to the factors set out to mad as foHows:
1npagghN wh PART 2-RULES OF PRACTICE FOR LOMESTIC LICENSING PROCEEDINGS 5 2.1203 Docket; filing; service.
(4) The circumstances establishing the AND ISSUANCE OF ORDERS request for a hearing is timely in
- 1. Tha authority citation for part 2 (e) A mquest for a haarin r petition accordance with paragraph (d) of this f r leave to intervene must served in section.
continues to read as follows:
accordance with $ 2.712 and $ 2.1205 (f)
Authority: Secs. 161,181,68 Stat,948' and (k). All other documents issued by (h) In ruling on a request for a hearing e
b 7
St t 59 the presiding officer or the Commission filed under paragraph (d) of this section, or Offered I r Illin8 8r8 58rV8d in the presiding officer shall determine (42 U.S.C 2241); sec. 201,88 Stat.1242. as accordance with 6 2.712.
that the specified areas of concern are amended (42 U.S C. 5841); 5 U.S.C 552.
- 4. In S 2.1205, paragraphs (c) through germane to the subject matter of the Section 2.101 also issued under secs. 53, (n) am redesignated as paragraphs (d) proceeding and that the petition is 62,63,81,103,104.105,68 Stat. 930,932, 933,935. 936,937,938, as amended (42 through (o), a new paragraph (c) is timely, The presiding officer also shall U.S C 2073,2092,2093,2111,2133,2134, added, and newly designated determine that the r-..estor meets the 2135); sec.114(f) Pub. L 97-425 96 Stat.
paragraphs (d) introductory text (d)(1),
judicial standards for standing and shall
~
2213, as amended (42 U.S.C 10134(f)); sec.
(d)(2) introductory text, (e)(2), (e)(4), (h) consider, among other factors-102, Pub. L 91-190,83 Stat 853, as amended introductory text, (i), (j) introductory (42 U.S.C 4332); sec. 301,88 Stat.1248 (42 text, (k) introductory text, (k)(3), (1)(1)
(i)If a hearing request filed under U.S.C 5871). Sections 2.102,2.103,2.104, introductory text, and (1)(2) are revised Paragraph (c) of this section is granted, 2.105,2.721 also issued under secs. 102,103' d 88 foll the app,icant and the NRC staff shall be 104,105,183,189,68 Stat. 936,937,938.
954,955, as amended (42 U.S.C 2132,2133, 92.1205 Request for a hearing; petition for parties to the proceeding.11 a hearing 2134,2135,2233,2239). Section 2.105 also leave to.ntervene, request filed under paragraph (d) of this issued under Pub. L 97-415,96 Stat. 2073 section is granted, the requestor shall be (42 U.S.C 2239). Sections 2.200-2 206 als (c) For ameddments of part 50 a party to the proceeding along with the un secs.1 bi 182 18 234, (su licenses under $ 2.1201(a)(3), a notice of applicant and the NRC staff,if the staff 9
,,, 9 amended (42 U.S.C 2236,2282); sec. 206,88 receipt of the application,with chooses or is ordered to participate as a Stat.1246 (42 U.S.C 5846). Sections 2.600-reference to the opportunity for a Party in accordance with $ 2,.1213.
2.606 also !ssued under sec.102, Pub. L 91-hearing under the procedures set forth (j)If a request for hearing is granted and a notice of the kind described in 190,83 Stat. 853, as amended (42 U.S.C in this subpad, must be published in the 4332). Sections 2.700s,2.719 also issued Federal Register at least 30 days prior paragraph (d)(1) of this section under 5 U.S.C 554. Sections P.754,2.760, to issuance of the requested amendment previously has not been published in 2.770,2.780 also issued under 5 U.S.C 557, by the Commission.
the I ederal Regish
't notice of hearing Section 2.764 and Table 1 A of Appendix C (d) A person, other than an applicant, must be published in the Federal a%o issued under secs. 135,141, Pub. L.97-425. 96 Stat. 2232,2241 (42 U.S.C.10155, shall file a request for a hearing Register stating-10161). Section 2.790 also issued under sec.
Within-l 103,68 Stat. 936, as amended (4 2 U.S.C (1) Thirty (30) days of the agency's (L) Any petition for leave to intervene 1133) and 5 U.S.C 552. Section 2.800 and pubhcation in the Fed-ral Register of a must be filed within thirty (30) days of 2 808 also issued under 5 U.S C 553. Section tulice, which must include a reference the date of publication of the notice of
l 37382 Fed:rel Register / Vol. 60, No.139 / Thur5 day July 20, 1995 / Proposed Rules l
braring. The petition must set forth the 52.1213 Role of the NRC staff.
PART S0-DOMESTIC LICENSING OF j
information required under paragraph if a hearing equest is filed under PRODUCTION AND UTILIZATION f
FACILITIES
(
(e) of this section.
S 2.1205(c), the NRC staff shall be a
. party to the proceeding. If a hearing
- 9. The authority citation for part 50 l
(3) Thereafter, the petition for leave to request is filed under S 2.1205(d),
continues to read as follows:
j I
l intrrvene must be ruled upon by the within ten (10) days of the designation Authority: Secs. 102,103.104.105,161 prrsiding officer, taking into account the of a presiding officer pursuant to 182,1c3.186,189,68 Stat. 936,937,938,N mitters set forth in paragraph [h) of this 6 2.1207 the NRC staff shall notify the 948,953,954,955,956, as amended, sec.
4 section.
presiding officer whether or not the staff 234,83 Stat.1244, as amended (42 U.S.C desires to participate as a party to the 2132,2133,2134,2135,2201.2232,2233, (1)(1) A request for a hearing or a adjudicetion. In addition, upon a 2 2f' 8 Stat. [242,'as
- end5124, 2
2 petition for leave to intervene found by determination by the presiding officer 1246 (42 U.S.C 5841,5842, s846).
the presiding officer to be untimely that the resolution of any issue in the Section 50.7 also issued under Pub. L 95-under paragraph (d) or (k) of this section proceeding would be aided materially 601, sec.10, a2 Stat. 2951 as amended by will be entertained only upon by the staff's participation in the Pub. L 102-488, sec. 2902,106 Stat. 3123, determination by the Commission or the proceeding as a party,the presiding (42 U.S.C 5851). Section 50.10 also Issued presiding officer that the requestor or officer may order or permit the NRC under secs. 101,185,68 Stat 936. 955, as petitioner has established that-staff to participate as a party with amended (42 U.S.C 2131,2235h sec.102 Pub. L 91-190,83 Stat. 853 (42 U.S.C 4332).
respect to that particular issue.
Sections 50.13, So.54(dd), and 50.103 also l
(2)If the request for a hearing on the
- 7. In S 2.1233, paragraph (c) is revised issued under sec.108,68 Stat. 939, as petition for leave to intervene is found to read as follows:
amended (42 U.S.C 2138). Sections 50.23, 50.35,50.55, and 50.58 also issued under sec.
to be untimely and the requestor or
$ 2.1233. Written presentations; written 185,68 Stat. 955 (42 U.S.C 2235). Sectic,ns petitioner fails to establish that it otherwise should be entertained on the questions.
50.33a, So.55a and Appendix Q also issued under sec.102, Pub. L 91-190,83 Stat. 853 e
e e
psagraph(1)(1)of this section,the (42 U.S.C 4332). Sections 50.34 and 50.54 request or petition will be treated as a (c) In a hearing initiated under also issued under sec. 204,88 Stat.1245 (42 l
petition under 6 2.206 and referred for 9 2.1205(d), the initial written U.S.C 5844). Sections 50. 58. 50.91, and appropriate disposition.
presentation of a party that requested a 50.92 also issued under Pub. L 97-415,96 Stat. 2073 (42 U.S.C 2239). Section 50.78 hearing or petitioned for Isave to l
- 5. In S 2.121;, paragraph (b) is revised intervene must describe in detail any
- l* j'2 g,g sect o 50 50 8 so to read as follows:
deficiency or omission in the license issued under sec.184. 68 StM. 954, as application, with references to any amended (4 2 U.S.C.2234). / spendix F also
$ 2.1211 Participation by a person not a particular section or portion of the issued under sec.187,68 Stat. 955 (42 U.S.C f f,
application considered deficient, give a 2277).
detailed statement of reasons why any
- 10. In S 50.2, the terms "Certihed fuel (b) Within thirty days of an order particular sections or portion is handler,"" Major decommissioning granting a request for a hearing made deficient or why an omission is activity," " Major radioactive under $ 2.1205 (c) and (d) or, in material, and describe in detail what cc,mponents," " Permanent cessation of instances when it is published, within relief is sought with respect to ach operations," and " Permanent fual thirty days of notice of hearing issued deficiency or omission.
removal" are added to read as follows:
l under S 2.1205(j), the representative of j
the interested State, county, 5 50.2 Definitions.
municipality, or an agency thereof, may
- 8. Section 2.1263,is revised to read as request an opportunity to participate in follows:
Certifiedfuel handler means, for a a proceeding under this subpart. The nuclear power reactor, a non. licensed request for an opportunity to participate s,t 263 S con ng operator who has qualified in n,
g accordance w,th a fuel handler training i
must state with masonable specificity officer or the commission pending hearing pmgram approved by the Commission.
the requestor s e ; as of concern about
,,,,y 3,,,
the licensing activity that is the subject matter of the proceeding. Upon roccipt Applications for a stay of any decision Major decommissioning activity of a request that is filed in accordance or action of the Commission, a presiding means, for a nuclear power reactor, any with these time limits and that specifies officer, or any action by the NRC staff activity that results in permanent the requestor's areas of concern, the in issuing a license in accordance with removal of major radioactive pmsiding officer shall afford the S 2.1205(m) are governed by 5 2.788, components, permanently modifies the i
representative a reasonable opportunity except that any request for a stay of staff structure of the containment, or results to make written and oral presentations licensing action pending completion of in dismantling components for f
in accordance with SS 2.1233 and an adjudication under this subpart inust shipment containing greater than class C 2.1235, without requiring the be filed at the time a request for a waste in accordance with S 61.55 of this representative to take a position with hearing or petition to intervene is filed chapter.
respect to the issues. Participants under or within ten (10) days of the staff's Major radioactive components means, r
this p:ragrrph may notice an appeal of action, whichever is later. A request for for a nuclear power reactor, the reactor
~
v6ssel and internals, steam generators, an initial decision in accordance with a stay of a staff licensing action must be pressurizers, large bore reactor coolant S 2.1253 with respnct to any issue on filed with the adjudicatory decision system piping, and other largo f
which they pmticipate.
maker before which the licensing
- 6. Section 2.1213 is revised to read as proceeding is pending.
[ "P """Is that are radioactive.
follows:
l FedenJ Reginer / N. 60, No.139 / Thursday July 20, 1995 / Proposed Rules 37383 1
Permanent cessation of operationI ;)
- 13. Section 50.36a is revised to read considerations of health and safety, to minns, for a nuclear power reactor, a as follows:
assure that the public is provided a
) certification by a licensee to the NRC dependable source of ower even under th:1 it has permanently ceased or will e:fluents from nucteer power reactors.
unusual e nditions w ich may permanently cease reactor operation (s),
c a finallegally effective order to (a)In rder to keep releases of temporarily result in releases higher than such small percentages, but still radioactive materials to unrestricted permanently cease operation (s) has within the limits specified in $ 20.1301 comm into effect.
areas during normal conditions, of this chapter and in the license. It is P;rmanentfuel removalmeans, for t I",
udl g p do n
as ow expected that in using this flexibility l
nuctrar power reactor, a certification 17 under unusual conditions, the bcensee the licensee to the NRC that it has of a nuclear power reactor willinclude pennanently removed all fuel technical specifications that, in addition will exert its best efforts to keep levels f radioactive matenal in effluents as assemblies from the reactor vessel.
to requiring compliance with applicable provisions of $ 20.1301 of this chapter, I w as is reasonably acluevable.The guides set out in Appendix I to this part e
a a
=
l
- 11. In S 50.4, paragraphs (b)(8) and
- yg")he eat-(b)(9) are added to read as follows:
Operating proad'2res developed Provide numerical guidance on limiting pursuant to S 50.34a(c) for the control of ceditions for operation for light-water led nuclear power reactors to meet c
a 50.4 Written communications.
effluents be cstablished and followed and that equipment installed in the the requirement that radioactive (b) * *
- radioactive waste system, pursuant to materials in effluents released to (8) Certification ofpermanent S 50.34(a), be maintained and used. The unrestricted areas be kept as low as is cessation of operations. The licensee's licensee shall retain the operating reasonably achievable.
- 14. Section 50.36b is revised to read critification of permanent cessation of procedures in effect as a record until the as follows:
operations, pursuant to S 50.82(a)(1),
Commission terminates the license and J
mu-t state the date on which operauons shall retain each superseded evision of 9 50.36b Environmental conditions.
have ceased or will cease, and the the rocedures fo* three years from the Each license authorizin8 Pcration of signed ana notan, zed original must be date it was su erseded 8 Production or utilization facility, and submitted to: The Nuclear Regulatory (2) Each licensee shall submit a report Commission, Document Control Desk, to the Commission annually that
- h'th f
rt i atio fpe aet Wishington, DC 20555.
specifies the quantity of each of the 5O 8 a)(1) P ] n 's b nit (9) Certification of Permaner.t Fuel principal radionuclides released to d
h Ihmoval. The licensee a certification of unrestricted areas in liquid and in is of a type described in 5 50.21(b)(2) or permar.ent fuel removal, ursuant to gaseous effluents during the previous 12 (3) or S 50.22 or is a testinE acilitY maY f
S 50.82(a)(1), must state t e date on months, including any other include c ndities to protect the which the fuel was removed from the information as may be required by the
'"N " " " "I
- "'I"*".
reactor vessel and the disposition of the Commission to estimate maximum attadent to te hcense wM is fu:1, and the signed and notadzed potential annual radiation doses to the i
original must be submitted to: The public resulting from efflaent releases.
he",[,$*,d a]t a ma
, c9 Nuclear Regulatory Commission.
The report must be submitted as d
" nN.
Document Control Desk, Washington, specified in S 50.4, and the time the v e
e DC 20555.
between submission of the reports must supplement to the envirotunental report be no longer man 12 monthsM submitted pursuant to SS 51.50 and
- 12. In S 50.36 paragraphs (c)(6) and quantities of radioactive materials.
51.53 of this chapter as analyzed cnd (c)(7) are redesignated as (c)(7) and released during the reporting period a:e evaluated in the NRC record of decision, (c)(8) and new paragra hs (c)(6) and (e) signif cantly above design objectives, and will identify the obligations of thr-r,is tdded to read as foflows:
the report must cover this specifically, licensee in the environmental area, On the basis of these reports and any
'",'1 ",d ng m{fe P
,r en;s S50.36 bchnicalspecifications.
additional information the Commission f
,p g, c
{
may obtain from the licensee or others, environmental data, and any conditione (c),,,
the Commission may require th" and monitoring requirement for tb' (6) Decommissioning. This paragraph licensee to take action as the protection of the nonaquatic applies only to nuclear power reactors Commission deems appropriate.
thit have submitted the certifications (b) In establishing and implementing
""$"I 50 '44, the introductory text of 3
required by S 50.82(a)(1) and to non-the operating procedures described in pow r reactors which are not authorized paragraph (a) of this section, the
((i[',f I #"is*d * **d 8' to cperate. Technical specifications licensee shall be guided by the invoh'ing safe *y limits, limiting safety following considerations: Experience 5 50.44 Standards for combustible gas syst:m settings, and limiting control with the design, construction, and control system in light-water-cooled power systrm settings; limiting conditions for operation of nuclear power reactors reactors.
operation; surveillance requirements; ino: cates that compliance with the (a) Each boiling or pressurized light-design features; and administretive technMai specifications described in water nuclear power reactor fueled with controls will be developed on a case-by-this section will keep average annual oxide pellets within cylindrical zircaloy case basis.
releases of radioactive materialin or ZlRLO cladding, other than a reactor offluents and their resultant committed facility for which the certifications
(:)The provisions of this section effective dose equivalents at small required under S 50.82(a)(1) have been apply to each nuclear reactor licensee percentages of the dose limits specified submitted, must, as provided in whr,se authority to operate the reactor in $ 20.1301 and in the license. At the paragraphs (b) through (d) of thp has been removwd by license same time, the licensee is permitted the section, include means for control of unindment, order, or regulation.
flexibility of operation, compatible with hydrogen gas that may be generated.
1 L
l 37384 Feder:1 Registir / Vol. 60, No.139 / Thursdty July 20, 1995 / Proposed Rules l
following a postulated loss-of-coolant (i) Reasonably prevent stach fires from the facility in accordance with the NRC accident (LOCA) by-occurring:
regulations and the provisions of the (ii) Rapidly detect, control, and specific part 50 license for the facility, f
- 16. In S 50.46, paragraph (a)(1)(1) is extinguish those fires which do occur revised to read as follows:
and w ich could result in a radiological
- 20. In S 50.54, paragraphs (o) and (y) are revised to read as follows:
6 50.46 Acceptance criteria for emergency li) Ensure that the risk of fire-co$g systems forlight water nuclear i
iced radiological hazards to the 6 50.54 conditions of licenses.
Pt ic, environmant end plant l
(a)(1)(1) Each boiling or pressurized light water nuclear power reactor fueled $$
"re pro"e ion' Pmgram mustwater coole[ power reactors, other than ma mact rc ntainments for with uranium oxide pellets within be ll 8I rea tor facilities for which the l
4 cyimddcal zircaloy or ZIRLO cladding, bas as ePProp e certifications required under other than a reactor facility for which tha certifications required under thmughat,the varies stages of facility $ 50.82(a)(1) have been submitted, shall 5 50 82(a)(1) have been submitted, must 73) may make changes to be subject to the requirements est forth con be provided with an emergency core ths fire protection program without NRC in Appendix ) to this part.
l cooling system (ECCS) that must be approval if these changes do not reduce designed so that its calculated coolin8 the effectiveness of fire protection for (y) Licensee action permitted by performance following postulated loss-facilities, systems and equipment which paragraph (x) of this section shall be of coolant accidents conforms to the could result in a radiological hazard, approved, as a minimum, by a licensed criteria set forth in paragraph (b) of this taking into account the senior operctor, or, at a nuclear power l
section. ECCS cooling performance must decommissioning plant conditions and reector for which the certifications j
be calculated in accordance with an activities.
required under S 50.82(a)(1) have been l
acceptable evaluation model and must
- 18. In S 50.49, paragraph (a) is revised submitted, by either a licensed senior i
be calculsted for a number of postt.ated to read as follows:
operator or a certified fuel handler, prior lors-of-coolant accidents of different to taking the action.
sizes, locatious, and other properties S 50.49 Environmental qualification of sufficient to provide assurance that the
(%c equipment important to safety for
- 21. In S 50.59, pa agr hs (d), (e), and (f) are added to read as f$ilows:
, P'**' P most severe postulated loss-of-coolant accidents are calculated. Except as (a) Each holder of or an apph. cant for provided in paragraph (a)(1)(11) of this a license for a nuclear power plant, S 50.59 Changes, tests and experiments.
section, the evaluation model must other than a reactor facility for which Include sufficient supporting the certifications required under (d) Allthe provisions of this section l
justification to show that the analytical S 50.82(a)(1) have been submitted, shall shall apply to each nuclear power
[
l technique realistically describes the establish a program for qualifying the reactor licensee that has submitted the \\
behavior of the reactor system during a electnc equipment defined in paragraph certification of permanent cessation of loss-of coolant accident. Comparisons to (b) of this section.
operations required under S 50.82(a)(1).
l cpplicable experimental data must be (e)(1) A nuclear mtdc and uncertainties in the analysis
- 19. In 5 50.51, the section heading is licensee that has su$ower reactor mitted the method and inputs must be identified revised, the existing paragraph is certification of permanent cessation of and assessed so that the uncertainty in designated paragraph (a), and paragraph operations required under S 50.82(a)(1) the calculated results can be estimated.
(b)is added to read as follows may conduct activities witu regard to i
This uncertainty must be accounted for.
the facility, subject to the limitations I
l ro that, when the calculated ECCS cooling performance is compared to the 5 50.51 continuation of license.
described in paragraph (a) of this section, provided the changes would I
criteria set forth in paragraph (b) of this not:
mction, there is a high level of (b) Each license will continue in effect (i) Foreclose the release of the site for probability that the criteria would not beyond the expiration date,if necessary' be exceeded. Appendix K to this part, with respect to possession of the possible unrestricted use, gg3) 3 gf.;
Part Il Rehuired Documentation, sets production or utilization facility, until decomm.issmning costs, forth the ocumentation requirements the Commission notifies the licensee in i
for each evaluation model.
writing that the license is terminated.
(lii) Cause any significant During any period of continued environmentalimpact not previously
- 17. In S 50.48, paragraph (f) is added effecti"eness of a lleense beyond the reviewed, or l
to read as follows:
license's stated expiration date, except
{lv) Vi late the terms of the licensee,s for a license which is in timely renewal existing license.
S 50.48 Fire protection.
ctatus under 6 2.109 of this chapter, the (2) For changes not meeting any of the licensee is prohibited from operating the criteria in this paragraph or paragraph (f) Licensees that have submitted the production or utilization facility and (a) of this section, the licensee shall certifications mquirmi under shall-submit an application for amendment S 50.82(3)(1) shall maintain a fire (1) Take actions necessary to Pursuant to S 50.90.
i protection program to address the decommission and decontaminate the.
(0 The provisions of paragraphs (a) potential for fires which could csuse the facility and continue to maintain the through (c) of this section apply to each release or sprend of radioactive facility, including the storage, control non power reactor licensee whose materials (i.e., which could resuh in a and maintenance of the spent fuel,in a license no longer authorizes operation radiological hazard).
safe condition, and of the reactor.
(1)Tho' objectives of the fire (2) Cond.2ct activitics in accordance
- 22. In 6 50.60, paragraph (a) is revised '
t protection program are to:
with all other restrictions applicable to to read as follows:
l l
a 1
L
Fcd:rcl Regist:r / Vol. b6 No.139 / Thursday July 20, 1995 / Proposed Rules 37385
$ 50.60 Acceptance criteria for fracture request for a change m the expiration icensees that are no longer authorized prevention measures for light-water nuclear date for operation ui the facility.
to operate.
g power reactors for normal operation.
- 27. In $ 50.75, paragraph (f) is revised i
e (i) Except as provided in paragraph
)(b) of this section, all light water nucleaf
- 24. In 5 50.62, paragraph (a) is revised to read as follows.
to read as follows pow:r reactors, other than reactor
$ 50.75 Reporting and recordkeeping for Lciliti:s for which the certifications
$ 50.62 Requirements for reduction of risg decommissioning planning.
repjulted under $ 50.82(a)(1) have been from anticipated transients without scrans submitt d,must meet the fracture (ATWS) events for light-water-cooled (f)(1) Each power reactor licensee toughniss and material surveillance nuc: ear power plants.
sh. ll at or about 5 years prior to the j
progr.7n requirements for the reactoc (a) Applicability. The requirements of pro;ected end of operations submit a cool:nt pressure boundary set forth in this section apply to all commercial preliminary decommissioning cost App ndices G and il to this part.
iight water-cooled nuclear power plants, estimate,vhich includes an up-to-date other than reactor facilities for which assessment of the maior factors that e
e
- 23. In 5 50.61, paragraph (b)(1)is the certifications required under could affect the cost to decommission.
revised to read as follows:
S 50.82(a)(1) have been submitted.
(2) Each non-power reactor licensee shall at or about 2 years prior to the
$ 50.61 Tracture toughness requirements for protection against pressurized thermal
- 25. In S 50.65, paragraph (a)(1) is pmjected end of operations submit a shock events.
evised to read as follows:
Preliminary decommissioning plan containing a cost estimate for
$ 50.65 Requirements for monitoring the decommissioning and an up to-date (b) Requirements. (1) For each effectiveness of maintenance at nuclea" assessment of the major factors that pressurized water nuclear power reactor power plants.
could affect planning for for which an operating license has been (a)(1) Each holder of a license to decommissioning. Factors to be issu:d, other than a reactor facility for
.aperate a nuclear power plant under considered in submitting this which the certifications required under
.SS 50.21(b) or 50.22 shall monitor the information includ&--
5 50.82(:)(1) have been submitted, the performance or condition of structures, (1) The decommissioning alternative lic:nsee shall submit projected values of systems, or components, against anticipated to be used. The RTers for reactor vessel beltline licensee-established goals, in a manner requirements of S 50.82(b)(4)(1) must be mitiri:ls by giving values for the time sufficient to provide reasonable considered at this time; of submittal, the expiration date of the assurance that such structures, systems, (ii) Major technical actions necessary operating license, the projected -
.md components, as defined in to carry out decommissioning safely; expir: tion date if a change in the paragraph (b) of this section, are capable (iii) The current situation with regard operating !! cense has been requested, of fulfilling their intended functions.
to disposal of high-level and low-level
)and thi projected expiration date of a Such goals shall be established radioactive waste; ren:wal term if a request for license commensurate with safety and, where (iv) Residual radioactivity criteria; ren:wil has been submitted. Tlie practical, take into account industry-(v) Other site specific factors which assessm:nt must use the calculative wide operating experience. When the could affect decommissioning planning procedures given in paragraph (b)(2) of performaace or condition of a structure, and cost.
this section. The assessment must system, or component does not meet (3)If necessary,the cost estimate specify the bases for the projection, established goals, appropriate corrective shall, for power and non-power reactors, including the assumptions regarding action shall be taken. For a nuclear also include plans for adjusting levels of core Ic ding pattems. The submittal power plant for which the licenree has funds assured for decommissioning to mu:t list the copper and nk.kel submitted the certifications specified in demonstrate that a reasonable level of cont:nts, and the fluency values used in S 50.82(a)(1), this section shall apply to assurance will be provided that funds thj calculation for each beltline the extent that the licensee shall will be available when needed to cover m:tirial. If these quantities differ from monitor the performance or conditica of the cost of decommissioning.
those submitted in response to the all structures, systems, or components
+
a a
a original PTS rule and accepted by the associated with the storage, control, and
- 28. Section 50.82 is revis'ed to read as NRC, justification must be provided. If maintenance of spent fuelin a safe follows:
th) v:lui of RTrrs for any materialin cop %rn in a manner sufficient to th: beltline is projected to exceed the prov.<
asonable assurance that such 5 50.82 Termination of license.
PTS screening criteria before the structures, systems, and components are The following provisions apply to cxpir: tion date of the opemting license capable of fulfillin8 their intended licensees who do not have an NRC or thi proposed expiration date if a functions.
approved decommissioning plan on the chinge in the license has been effective date of the final rule and may requested, or the end of a renewal term
- 26. In S 50.71, paragraph (f) is added be used, at the licensee's option, by if a request for license renewal he.s been to read as follows:
licensees who possess an NRC approved submit 191, this assessment must have decommissioning plan on the effective been submitted by December 16,1991.
S 50.71 Maintenance of records, making of date of the final rule.
Oth:rwise, this assessment must be reports.
(a) For power reactor licensees-submitted wiu the next update of the (1)(i) When a licensee has determtW pres:.ure-temperature limits, or the next (f)The provisions of this section shall to permanently cease operations the reactor vessel material surveillance apply to nuclear power reactor licensees licensee shall, within 30 days, submit a report, or 5 years from (the effective date that have submitted the certification of written certification to the NRC, i
of thi final rule), whichever co nes first. permanent cessation of operations consistent with the requirements of Th:se submittals must be updated required under S 50.82(a)(1). The S 50.4(b)(8) and:
ph:nev:r there is a significant changv applicable provisions of this section (ii) Once fuel nas been permanently I
in projected values of RTrrs, or upon a shall also apply to non-power reactor removed from the reactor vessel, submit I
l J
37386 Fcdiral Regist:r / Vol. 60, No.139 / Thursday July 20, 1995 / Proposed Rules a written certification to the NRC, (6)In taking actions permitted under (C) Plans for site remediation; consistent with the requirements of
$ 50.59 following submittal of the (D) Detailed plans for the final S 50.4(b)(9).
PSDAR, the licensee shall notify the radiation survey; t
(2) Upon docketing of the NRC, in writing, before performing any (E) A description of the end use of the \\
certifications for permanent cessation of decommissioning activity inconsistent site,if restricted; operations and permanent removal of with, or making any significant (F) An updated site-specific analysis fust from the reactor vessel, or when a schedule change from, those actions and of remaining decommissionb g costs; finallegally effective order to schedules described in the PSDAR.
and permanently cease operations has come (7)(i) Decommissioning trust funds (G) A supplement to the into effect, the part 50 licenso no longer may )be used by licensees provided:
environmental report, pursuant to (A The withdrawals are fer expenses S 51.53, describing any new information cuthorizos operation of the reactor or emplacement of fuelinto the reactor for legitimate decommissioning or significant environmental change vessel.
activities consistent with the definition associated with the licensee's proposed 4
(3) Decommissioning will be of decommissicning in $ 50.2; termination activities.
completed within 60 years of ermanent (B) The expenditure would not reduce (iii) The NRC shall notice receipt of cessation of operations. Comp etion of the value of the decommissioning trust the license termination plan and make decommissioning beyond 60 years will below an amount necessary to place and the license termination plan available be approved by the Commission on1 maintain the reactor in a safe storage for public comment. The NRC shall also when necessary to protect public heftthcondition if unforeseen conditions or schedule a public meeting in the cnd safety. Factors that will be expenses arise and; vicinity of the licensea's facility upon considered in evaluating an altemative iC) The withdrawals would not receipt of the license termination plan.
which provides for completion of inhibit the ability of the licensee to The NRC shall publish a notice in the decommissioning beyond 60 years of c mplete funding of any shortfalls in Federal Register and in a forum, such permanent cessation of operstions the decommissioning trust needed to as local newspapers, which is readily include unavailability of waste disposal ensure the availability of funds to accessible to individuals in the vicinity capacity and other site-specific factors ultimately release the site and terminate of the site, announcing the date, time the license.
and location of the meeting, along with tifecting the licensee's capability to cary out decommissioning, including (ii) Initially,3 percent of the generic a brief description of the purpose of the presence of other nuclear facilities at the am unt specified in S 50.75 may be used meeting.
sits.
f r decommissioning planning. For (9)If the license termination plan licensees that have submitted the demonstrates that the remainder of (4)(i) Prior to or within two years following permanent cessation of certifications required under decommissioning activities will be operations, the licensee shall submit a
$ 50.82(a)(1) and commencing 90 days performed in accordance with the after the NRC has received the PSDAR, regulations in this chapter and will not post shutdown decommissioning activities report (PSDAR) which shall an additional 20 percent may be used.
be inimical to the common defense and /
include a description of the planned A site-specific decommissioning cost security or to the health and safity of the public, and after notice to interested (
estimate must be submitted to the NRC decommissioning activities along with a schedule for their accomplishment, an pri r to the licensee being permitted to persons, the Commission will approve estimate of expected costs, and a use any funding in excess of these the plan, by amendment, subject to such amounts.
conditions and limitations as it deems discussion as to whether the environmental impacts associated with (iii) Within 2 years following appropriate and necessary and authorize site-specific decommission'ng activities Permanent cessation of operations,if implementation of the license ill be bo d db n t already submitted, the licensee shall termmation plan.
submit a site-specific decommissioning (10) The Commission will terminate previousi issued n n nentalimIiact cost estimate, the license if it determines that-statements (iv) For decommissioning activities (i) The remaining dismantlement has elay compledon of been performed in accordance with the a
th I R and ae - SD decommissioning by including a period ap roved license tennination plan, and available for public comment. The NRC of storage or surveillance, the licensee
- 1) The terminal radiation survey and shall alr.o schedule a public meeting in shall provide a means of adjusting cost associated documentation demonstrates suma a an au la n ng e s eaW facMy aM sh amuuaMor it e DR e
C uPo P
over the storage or surveillance period.
release.
shall publish a notice in the Federal (8) For licensees that have submitted (b) For non-power reactor licensees-Register and in a forum, such as local a certification in accordance with (1) A licensee that permanently ceases newspapers, which is readily accessible S 50.82(a)(1), the application for operations must make application for to individuals in the vicinity of the site, termination of license must be license termination within 2 years announcing the date, time and location accompanied or preceded by a license following permanent cessation of of the meeting, along with a brief termination plan to be submitted for operations, and in no case later than 1 description of the purpose of the NRC approval, year prior to expiration of the operating meeting.
(i) The license termination plan must license. Each application for (5) Licensees may not perform any be a supplement to the FSAR or termination of a license must be major decommissioning activities, as equivalent and must be submitted at accompanied or preceded by a proposed defined in S 50.2, until 90 days after the least 2 years prior to the termination of decommissioning plan. The contents of NRC has received the licensee's PSDAR license date.
the decommissioning plan are specified submittal and until certifications of (ii) The license termination plan must in paragraph (b)(4) of this section.
I permanent cessation of operations and include-(2) For decommissioning plans in l l permanent removal of fuel from the (A) A site characterization; which the major dismantlement 3
retctor vessel, as required under (D) A description of remaining activities are delayed by first placing thol 5 50.82(a)(1), have been submitted.
dismantlement activities; facility in storage, plan' ing for these n
e Federal Regist:r / Vol. 60, No.139 / Thursday julv 20, 1995 / PIoposed Rules 3'/31$7 l
deliyed activities may be less detailed.
subject to such conditions and Appendix 1-Wuraencal Guiden h,r Design Updtted detailed plans must be limitations as it deems appropriate and objectives and Limiting Conditions fot hubmitted and approved prict to the necessary. The approved operation to Meet the criterion "As Low As Is Rtasonably Achievable" for l'.cdiocciive (tirt of these activities.
decommissioning plan will be a (3) For decommissioning plans that supplement to the Safety Analysis
(*d*[,I*',I"j'[g$"["
g, dthy completion of decommipsionin8 report or equivalent.
Section 1. Introduction. Section so.34a by including a period of storage or (6) The Commission will termm. ate provides that an application for a permit to surveillance, the licensee shall provide the license ifit determines that-construct a nuclear power reactor shall h
i) Funds needed to complete (i) The decommissioning has been I"[i o i i" d
p ent to al o
decommissioning be placed into an performed in accordance with the maintain control over radioactive meterials account segrega'ed from the licensee's approved decommissioning plan, and in gaseous and liquid effluents produced (11) The terminal radiation survey and during normal conditions, including
{
assets and outside the licensee's expected ccurrences. In the case of an cdministrative control during the associated documentation demonstrates application filed on or after January 2.1971, storage or surveillance period, or a that the facility and site are suitable for the application must also identify the design surety method or fund statement of release.
objectives, and the means to be employed, for intint be maintained in accordance with ths criteria of S 50.75(e), and (c) For a facility that has permanently QP[R'v",l',f',"d1]'['*8'[,1" l
, c (11) Means be included for adjusting ceased operation before the expiration practicable.
cost estimates and associated funding ofits license, the collection period for Section 50.36a contains provisions 1;,vils over the storage or surveillance any shortfall of funds.will be designed to assure that releases of redwactive period.
determined, upon application by the material from nuclear power reactore to (4) The proposed decommissioning licensee, on a case-by-case basis taking unrestricted areas during normal conditions, P in must include-ints ccount the specific financial including expected occurrences, are kept as l
I " P'I'*hl
(!) The choice of the alternative for s tuation of each hcensee.
~
decommissioning with a description of
- 29. In S 50.91, the introductory text is SEC. IV. Guides on fechnical specificofions activities involved. An alternative is revised to read as follows:
for litriling conditions for operation for light-tcccptable ifit provides for completion of decommissioning without significant S 50.91 Notice for public comment; State r1 Pa o he gu s. l1 ting d;lty. Consideration will be given to an consuttation.
conditions for operation for light-wster-alt:rnative which provides for delayed cooled nuclear power reactors set forth below The Commission will use the completion of decommissioning only may be used by an applicant for a license to whIn necessary to protect the public following procedures for an application operate a light. water-cooled nuclear power health and safety. Factors to be rcquesting an amendment to an reactor or a licensee who hae submitted a considered in evaluating an alternative Operating license for a facility licensed certification of permanenn.essation of which provides for delayed completion under S 50.21(b) or S 50.22 or for a operations under 5 so.82(a)(1) as guidance in of decommissioning include testing facility, except for amendments developing technical specificati,ons under S
univallability of waste disposal capacity subject to hearings governed by ma eNats n effl ents to unre e
eas as cnd other site specific factors affecting SS 2.1201 through 2.1263 of this low as is reasonably achievable.
th3 licensee's capability to carry out chapter. For amendments subject to Section 50.36a(b) provides that licensees decommissioning, including presence of $$ 2.1201 through 2.1263 of this shall be guided by certain considerations in other nuclear facilities at the site.
chapter, the following procedures will establishing and implementing operating (ii) A description of the controls and apply only to the extent specifically procedures specified in technical lim!ts on procedures and equipment to referenced in S 2.1205 (c) and (d) of this specificati ns that take into account the need Ir perating flexibility and at the srme time protect occupational and public health chapter.
assure that the licensee will exert his best d fe en rt to kee levels of radioactive m6terial in j
scri tion of the P armed final emuents as ow as is reasonably achicvable.
P l
(il ) A 30.1n S 50.111 paragraph (b) is radiation survey;d cost estimate for the The guidance set forth below provides (iv) An update revised to read as follows:
additional and more specific guidance to chosen alternative for deccmmissioning, licensees in this respect.
comparison of that estimate with
$ 50AH C*ninal penames.
Through the use of the guides set forth in present funds set aside for this Section it is expected that the annual release of radioactive material in effluents decommissioning, and plan for assurin8 (b) The regulations in part 50 that are th; availability of adequate funds for not issued under sections 161b,1611, or rat ge y
aiuta e ithin completion of decommissioning; and 161o for the purposes of section 223 are the levels set forth as numerical guides for (v) A description of technica as follows: $$ 50.1,50.2,50.3,50.4,50.8 design objectives in Section II.
specifications, quality assurance 50.11,50.12,50.13,50.20,50.21,50.22, At the same time, the licensee is permitted provisions and physical security plan 50.23, 50.30, 50.31, 50.32, 50.33, 50.34 a, the flexibility of operations, compatible with provisions la place during 50.35, 50.36b, 50.3 7, 50.3P. 50.39, 50.40, considerations of health and safety, to assure that the public is provided a dependable decommissioning.
50.41,50.42,50.43,50.45,50.50,50.51, (5)If the decommissioning plan source of power even under unusuct 50.52,50.53,50.56,50.57,50.58,50.81 conditions which may temporarily result in demonstrates that the decommissioning 50.90,50.91,50.92,,50.100,50.101, releases higher than numerical guides for will be performed in accordance with 50.102, 50.103,50.109, 50.110, and design objectives but still within levels that, tha regulations in this chapter and will not be inimical to the common defense 50.111.
assure that the average population exposure i "'
cnd security or to the health and safety
- 31. Appendix 1 of Part 50 is amended I'$r"a' n
k und d lon h I x d
of the public, and after notice to by revising Section (I), the introductory that in using this operational flexibllity antirested persons, the Commission will text of Section (IV), and Section (IV)(C) under unusual conditions, the licensee will approve, by amendment, the plan to read as follows:
exert his best efforts to keep levels of l
i
t i
1 373tlf!
F d:r:1 Registir / Vol. 60, No.139 / Thursday July 20, 1995 / Proposed Rules i
radioactive materialin effluents within the or license amendment to store spent fuel operating license stage, or in the records i'
i I
numerical guides for design objectives.
at a nuclear power reactor after of decision prepared in connection with expiration of the operating license for the construction permit or the operating (
C If the data developed in the surveillant.e the nuclear power shall submit with its license for that facility. The supplement end monitoring program described in application the number of copies, as will include a request for comments as specified in S 51.55, of a separate provided ip $ 51.73. Unless otherwise l
tori g p
- h w th h document, entitled " Supplement to required by the Commission,in j
relitionship between the quantitles of r:dioactive material released in liquid and Applicant's Environmental Report-accordance with the generic gaseous effluents and the dose to individuals Post Operating License Stage," which determination in S 51.23(a) and the in unrestricted areas is significantly different will update " Applicants Environmental provisions of S 51.23(b), a supplemental from that assumed in the calculations used Report-Operating License Stage," as environmentalimpact statement for the to determine design objectives pursuant to appropriate, to reflect any new post operating license stage or an Sections 11 and !!!, the Commission may information or significant environmental assessment, as I
envir amental change associated with appropriate, will address the c ca lo it the apphcants proposed environmentalimpacts of spent fuel conditions in a license to operate a light.
decommissioning activities or with the storage only for the term of the license, i
w ter. cooled nuclear power reactor or a licinse whose holder has submitted a applicants proposed activities with license amcadment or license renewal crrtification of permanent cessation of respect to the planned storage of spent applied for.
operations under $ 50 82(a)(1).
fuel. Unless otherwise required by the Dated at Rockville, Maryland, this 13*h day Commission, in accordance with the ogjog,3993, a
y generic determination in S 51.23(a) and For the Nuclear Regulatory Commiss.ion.
PART 51--ENVIRONMENTAL the provisions in S 51.23(b), the PROTECTION REGULAflONS FOR applicant shall only address the I*h" C II'Y commission.
j I
DOMESTIC LICENSING AND RELATED environmentalimpact of spent fuel Secretary of the REGULATORY FUNCTIONS storage for the term of the license (FR Doc. 95-17718 Filed 7-19-95; 8:45 am) i 8pplied for The " Supplement to sumo cops nso-ow
- 32. The authority cite is revised to Apphcant s Environmental Report-roid as follows:
Post Operating License Stage" may Authority: Sec.161,68 Stat. 948, as incorporate by reference any DEPARTMENT OF ENERGY trnended, sec. 1701,106 Stat. 2951,2952-information contained in " Applicant's l
i 2953,(42 U.S.C 2201,2297f); secs. 201, as Environmental Report-Constructiort Office of Energy Efficiency and emended 202,88 Stat.1242, as amended' Permit Stage," " Supplement to Renewable Energy j
10 CFR Part 430 rt a so ssued der National OI n
e St E.
Environmental Policy Act of 1969, secs.102, environmental impact statement,
[ Docket No. EE-EM-93-801]
104,105,83 Stet. 853-854, as amended (42 U.S.C 4332,43;s4,4335); and Pub. L 95-604, supplement to final environmental Title 11,92 Stat. 3033-3041; and sec.193, statement of records of decision Energy Conservation Program for Pub. L 101-575,104 Stat. 2835 42 U.S.C previously prepared in connection with Consumer Products: Proposed 2243). Sections 51.20,51.30,51.60,51.80.
the construction permit of the operating Rulemaking Regarding Energy and 51.97 also issued under secs. 135,141.
license.
Conservation Standards for Pub. L 97-425,96 Stat. 2232,2241,and sec.
- 34. In S 51.95, paragraph (b) is revised Refrigerators, Refrigerator Freezers, 148, Pub. L 100-203,101 Stat.1330-223 (42 to read as follows:
and Freezers U.S.C 10155,10161,10168). Section 51.22 also issued under sec. 274,73 Stat. 688, as 551.95 Supplement to final environmental AGENCY: Office of Energy Efficiency and tmended by 92 Stat. 3036-3038 (42 U.S.C impact statement.
Renewable Energy, Department of 2021) and under Nuclear Waste Policy Act of (b) Post operating license stage. In Energy (DOE).
mnuction with the amendment of an ACTION: Notice of Proposed Rulemaking
't et ns 51.4,516 and 5 109 also under Nuclear Weste Policy Act of 1982, operating license authorizing and Public Ilearing.
sec 114(f),96 Stat. 2216, as amended (42 decommissioning activities at a
SUMMARY
- The purpose of this notice of U.S C 10134(f)).
production or utilization facility c vered by S 51.20, either for proposed rulemaking (NOPRj is to
- 33. In S 51.53, paragraph (b) is revised unrestrkted use or based on continuing provide mterested persons an use restrictions applicable to the site, or opportunity to comment on this to read as follows.
6 51.53 Supplement to environmental with the issuance, amendment or proposal amending the energv
- port.
renewal of a license to store spent fuel conservation standards for refrigerators.
at a nuclear power reactor after refrigerator-freezers, and freezers, and to (b) Post operating license stage. Each expiration of the operating license for invite interested persons to participate applicant for a license amendment the nuclear power reactor, the NRC staff in the appliance energy conservation authorizing decommissioning activities will prepare a supplemental standards rulemaking process.
for a production or utilization facility environmentalimpact statement for the D ATES: Written comments on the post operating license stage or an proposed rule must be received by the either for unrestricted use or bas-nn continuing use restrictions applicaule to environmental assessment, as Department by October 3,1995. The the site; and each applicant for a license cppropriate, which will update the prior Department requests 10 copies of the environmental review. The supplement written comments and, if possible, a amendment approving a license termination p.an or decommissioning or assessment may incorporate by computer disk.
i plan under S 50.82 of this chapter either reference any informatim. contained in Oral views, data, and arguments may l
for unrestricted use or based on the final environmentalimpact be presented at the public hearing to be i continuing use restrictions applicable to statement, the supplement to the final held in Washington, DC, on September '
T the site; and each applicant for a license environmentalimpact statement -
12 and 13,1995. Requests to speak at l