ML23151A710

PR-070,074 - 51FR37578 - Reporting of Special Nuclear Material Physical Inventory Summary Results

ML23151A710
Person / Time
Issue date:	10/23/1986
From:	NRC/SECY
To:
References
51FR37578, PR-070, PR-074
Download: ML23151A710 (1)

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DOCUMENT DATE:

TITLE:

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REFERENCE:

KEYWORD:

ADAMS Template: SECY-067 10/23/1986 PR-070,074 - 51FR37578 - REPORTING OF SPECIAL NUCLEAR MATERIAL PHYSICAL INVENTORY

SUMMARY

RESULTS PR-070,074 51FR37578 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

STATUS OF RULEMAKING OPOSED RULE:

PR-070,074 LE NAME:

REPORTING OP SPECIAL NUCLEAR MATERIAL PHYSICAL INVENTORY

SUMMARY

RESULTS PROPOSED RULE FED REG CITE:

51FR37578 PROPOSED RULE PUBLICATION DATE:

10/23/86 ORIGINAL DATE FOR COMMENTS: 11/24/86 NUMBER OF COMMENTS:

EXTENSION DATE:

I I

2 FINAL RULE FED. REG. CITE: 52FR19303 FINAL RULE PUBLICATION DATE: 05/22/87 NOTES ON EDO SIGNED FINAL RULE ON 4/27/87. EFFECTIVE DATE IS 6/22/87. FINAL STATUS RULE PUBLISHED AT 52 FR 19303.

OF RULE TO FIND THE STAFF CONTACT OR VIEW THE RULEMAJCING HISTORY PRESS PAGE DOWN KEY HISTORY OF THE RULE AFFECTED: PR-070,074 RULE TITLE:

PROPOSED RULE SECY PAPER:

FINAL RULE SECY PAPER:

REPORTING OF SPECIAL NUCLEAR MATERIAL PHYSICAL INVENTORY

SUMMARY

RESULTS PROPOSED RULE SRM DATE:

PINAL RULE SRM DATE:

I I

I I

DATE PROPOSED RULE SIGNED BY SECRETARY:

10/06/86 DATE FINAL RULE SIGNED BY SECRETARY:

04/27/87 STAFF CONTACTS ON THE RULE CONTACTl: DARRELL A. HUFF CONTACT2:

MAIL STOP: 30SA-EWS PHONE: 492-7077 MAIL STOP:

PHONE:

DOCKET NO. PR-070,074 (51FR37578)

In the Matter of REPORTING OF SPECIAL NUCLEAR MATERIAL PHYSICAL INVENTORY

SUMMARY

RESULTS DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT 11/03/86 10/31/86 COMMENT OF OHIO CITIZENS FOR RESPONSIBLE ENERGY.

(SUSAN L. HIATT) (

1) 11/03/86 10/31/86 COMMENT OF OHIO CITIZENS FOR RESPONSIBLE ENERGY, (SUSAN L. HIATT) (

1) 11/17 /86 11/11/86 COMMENT OF EXXON NUCLEAR CO, INC (C.W. MALODY) (

11/17/86 11/11/86 COMMENT OF EXXON NUCLEAR CO, INC (C.W. MALODY) (

INC INC

2)

2)

2101 HORN RAPIDS ROAD, PO BOX 130, RICHLAND, WA 99352 (509) 375-8100 TELEX: 15-2878 Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Attention:

Docket and Service Branch Gentlemen:

November I I, 1986 DO( K[ l !

Process & Equl_po,~J"(i,gineering Department "86 NOV 17 Pl2 :20 Ref:

Proposed Rule:

Reporting of Special Nuclear Material Physical Inventory Summary Report (51 FR 37578, October 23, 1986).

The purpose of this letter is to provide Exxon Nuclear Company, Inc. comments on the referenced proposed rule.

We have reviewed the proposed rule and the supplementary information.

We have also reviewed our earlier comments submitted to you on October I 5, 1976 when it was proposed that similar material status reports be required by an amendment to Section 70.53.

Our earlier comments stemmed from a conviction that the proposed reporting requirements for Section 70.53 should correspond closely to what were then ( 1976) well established voluntary reporting practices.

Those voluntary reporting practices have, according to the supplementary information, continued to be satisfactory proving that the rule is obviously not needed. Consequently, we do not understand the need to establish and enforce a regulation now when a voluntary approach has been satisfactory for the past IO years. We believe the current established voluntary approach has to be more cost-effective to both the NRC and the industry than one of est ab I ishing and enforc ing a regulation.

In view of the above considerations, we recommend that the Commission not adopt the proposed rule and continue to utilize the safeguards information provided on a voluntary basis.

CWM:jrs Sincerely, av/If~

C. W. Malody, Manager Corporate Licensing AN AFALIATE OF EXXON CORPORATION

U. S. NUCLEAR REGULATORY COMMISSION DOCK::TING & SERVICE BRANCK OFFICE OF THE SECt-sET11RY, OF THE CO M'1I ;rl0N r*

October 31, 1986 COMMENTS OF OHIO CITIZENS FOR RESPONSIBLE ENERG Y, INC.

<" OCRE ")

ON PROPOSED REVISIONS TO 10 CFR PARTS 70 AND RE REP8'TMJ~-g=- P2*45 SPECIAL NUCLEAR MATERIAL PHYSICAL IN VENTOR Y SUMMAR Y RESULTS (51 FR 37578, OCT. 23, 1986)

I t_

• r(

~;::

his proposed rule would require SNM 1 icensees N&

V/Cf.

esults of physical inventories to the NRC.

The rule is stated to be necessary as the most cost-effecti v e wa y to obtain needed information.

OCRE supports this rule as good cause for its promulgation is shown.

Resp ctfullY submitted, 51..isan L. Hiatt OC E Representati v e 8275 Munson Rd.

Mentor, OH 44060

( 216 ) 255-3158

Federal Register / Vol 51, N0:-205 / Thursday, October 23, 1988 / Propoaed Rulea 3'1579 information for the NRC inspection program and to provide inventory difference information to the public.

lncorporatms 1pecial nuclear material inventory reporting into the NRC regulation la the moat cost-effective way to obtain the neceuary information.

DATU: Submit comments by November 24, 1986. Comments received after thi1 date will be considered if it la practical to do ao, but aaaurance of con1ideration cannot be sfven except aa to comments

• received on or before thia date. *

• ADORUSU: Send comnienta to:

Secretary, U.S. Nuclear Regulatory

• Commi11lon. Wuhington. DC 20555, A TI'N: Docketing and Service Branch.

Hand deliver comments to: Room ttzt; 1717 H. Street NW.. Washington. DC.

between 8:15 a.m. and 6:00 p.m. Copies of the regulatory analy1ia, 0MB

• Clearance Supporting Statement, and comments received may be examined at The NRC Public Document Room (PDR),

1717 H. Street NW., Wumn,ton. DC.

Copies of Nt.JREC..ot30 are alao available for inspection or copying for a fee in the PDR. Copies of thia report may be purchaed from the U.S. Government Printins Office {GPO) by calli.J18 202-21~2060 or by writins the GPO, P.O.

Box 37082, Washington. DC 2.0013-7082.

They may also be furcha1ed from the National Technica Information Service, U.S. Department of Commerce, 5285 Port Royal Road. Springfield, VA 22161.

FOIi FURTHER INFORIIAT10N CONTACT:.

Darrell A. Huff, Office of Inspection and Enforcement. U.S. Nuclear Regulatory Commi11ion. Washington. DC 20555, telephone (301) 492-7077.

SUPPLEMENTARY N=OMIAT10N:

Background

The current material control and accountins (MC&A) regulations for fuel facilities require the performance of phy1ical inventories of apecial nuclear material (SNM] on a periodic basic by licensee,. However, the regulations do not require licen1ee1 to report phy1ical inventory results to the NRC unlesa certain thre1holda prescribed in 10 CFR Part 74 are exceeded. The NRC need*

this information to a11e11 the material accountfn8 performance of licenaeea and to monitor and a11e11 licensee investigatory activities in reponae to inventory data which exceed 1pecified limits.

• In 1975 the Office of lnapectton and Enforcement {IE) instituted a voluntary reporti.Jl8 ayatem known a1 the Safeguard Statua Report Sy1tem (SS88) whereby liceaaee1 were reque1ted to report to the NRC phyaical inventory re1ults in a prescribed formal Currently, 12.affected licenaeea inake * ~oluntary that were aoliclted from the NRC commitment ** part of their operating *

• regional offices in 1983 and 19&1. These plan to report physical inventory reaults propo1ed amendments would"require to the appropriate NRC regional office.

each licensee 1ubject to the phy1ical The information provided by these

• tnventory requirements of 10 CFR voluntary reports la also uaed ** input 70.51(e) and 74.31 to report the results of by the NRC for NUREG-OC30, "l.lcenaed these inventories to the appropriate Fuel Facility Status Report/Inventory NRC regional office.

Difference Data," which wa1 lnitiated The Impact of the reporti.Jl8 by the Director of IE in 1977 in reaponae th tt li to congreHlonal and public concema.

requirements on e auected

• cen1ee1 N1.JREG-(K30 reports licensed fuel ahould be minimal because they have facilities phy1lcal inventory difference-been reportfn8 the information data following agency review of the reque1ted on a voluntary ba1l1 1ince Information and completion of any

• 1975. The requirements for performing related inveatigationa; the phy1ical inventorie1 and keepfns Recognizlns the need for the reporting

• appropriate records of thOH inventortea of physical inventory reportfn8 system.

have been in place 1ince 1973. Although On August 23, 1976 {41 FR 35537). the

• the completion of the reporting form NRC publi1bed in the Federal Reglater

{NRC-327) will require an estimated t propo1ed amendments to 10 CPR Part 70 boura of effort per licensee per report, that would have required the reporting

. thia will not be an additional effort since of the re1ults of each ending physical. __ the affected Ucenaee1 have been Inventory and any 11ociated material

. reporti.Jl8 voluntarily. The altemative to accountfn8 and mea1uremeist error data.

the licensee, reporting the data la The propo1ed amendments from aeven

,ending NRC lnapectora out to *collect it, respondents. Final action on the which would have an advene Impact on repor:tfns requirements ~ 81 postponed, the lnapection and enforcement program pending initiation of a separate but In terms of increased coats and 1taff related rulemaking effort (the MC&A reform amendments). The delay in time.

Implementing the MC&A reform En'VU'Onmental Imped: Categorical amendments cau1ed IE to request. in a Exclualon memo dated June 2, 1962. that the Office of Nuclear Regulatory Research (RES)

The NRC has determined that the publish an amendment to 10 CPR Part 70 proposed rule la the-type of action requiring reporting of physical deacribed in categorical exclualon 10 lnventorie1 ofSNM. However, due to the CFR SU2(c)(3), Therefore, neither-an unavailability of re10un:e1 within RES.

environmental Impact statement nor an completion of thi1 rulemaking wa1 en'VU'Onmental u1eaanent baa been referred back to IE by the EDO In a prepared for thia proposed rule *.

memo dated May zt, 1986.

In 1983,

• decision waa made to create Paperwork Reduction Act Statement a new Part 74 which would pertain solely to MC&A Afeguards requirement,. When 10 CPR Part 74 was published on February 28. 1985 {SO FR 7575), it contained the MC&A regulatory requirements for licen1ee1 authorized to poa1es1 and use more than one effective kilogram of 1pecial nuclear material of low 1trategic aignificance. Certain aafeguarda-refated recordkeeping and reporti.J18 requirements, formerly found ln Part 70. were alao moved to new Part 74 in order to eparate them from safety reporting requirements. Therefore, the reporting requirement for SNM physical inventory re1ults la alao beina included in Part 74.

Because of the time lapse 1ince the reportina requirements were publiahed a1 a propoed rule, the NRC la republilhlnS the requirements in proposed form. The newly proposed amendments reflect commenta and ngeatlona received when the amendments were flnt propoaed in 1978' u well a1 comments and 1uaeatiou This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 1eq.). Thia rule hH been 1ubmitted to the Office of Management and Budget for review and approval of the paperwork requirements.

ResuJatory Analyala The Commi11lon ha1 prepared a draft regulatory analysis on thia proposed regulation. The analy1i1 examine* the costs and benefits of the altemative conaidered by the Commi11lon. The draft analy1is la available for inspection in the NRC Public Document Room. 1717 H Street. NW.. Washington. DC. Single copies of the analy1la may be obtained from Darrell A. Huff, Office of lnapection and Enforcement. U.S.

Nuclear Regulatory Commlaalon.

Waabington. DC ZIOSS5; telephone (301)

{92-7077.

Fecleral Regilter / V aL 51. No. 1.E / 11aanday~ Oclober 23, 1986 / Ptopwed R'll!ler Regulatory FtexibUlty C.ertification As required by the Regulatory Act of 1980, 5 U.S.C. 805(bt, the Comnri11lon certifiea that thia JVle, tf adopted, will not have a eignific:ant economic impact upon

• 1Ubstantial 1111R1ber of amall entities. Cuneatly.JZ licenseet, who are compoaed of low enriched uranium and high enriched uranium fuel manufaoturins Cacilitiea, will be affected by theee amendments. The proposed rule codifiea.a repGl1ins procedure that hH beeD a licensee practice aillce 1971.

Acconwaaly there la DO new, aisnificant economic impact GD theae licameea, nor are the licensee, within the definition of

,mall buaineuea aet forth in tectioD 3 of the Small Buaineu Act. 15 U.S.C. 632, or within the Small Bmineat Size Standardt aet forth in 13 CFR Part 121.

Liet el Slllljada 10 CFR Part 1'0 Hazardoul maledalt-tranaportation.

Material control and accounting, Nuclear.materiala, ~ckaginB ud container&. Penaltf. Radialicm protection. Reportins and recordkeeping requirements, Scientific equipment, Security measure,, Special nuclear material.

10 CFR Part 74 Accounting, Material control and accounting. Nuclear materials, Penalty, Reportins and recordkeeping requirementt, Special nuclear material:

For the NUOnt eet out In the preamble a11d under the authority of the Atomic Energy Act of 1954, at amended.

the Energy Reorganization Act of197C, as amended; and 5 U.S.C. 553, the NRC is proposing to adopt the follCJWins amendmenta to 10 CFR Parta 70 and 74.

PART 70-00MESTIC LICENSING OF SPECIAL NUCLEAR IIATERIAL

1. 1119 aathority citation for Part 70 continuea to read aa followa:

Authority: Sec. let. u amended (42 U.S.C.

2201): sec. 201, a, amended (C U.S.C. li8C1).

. 2. In I 70.53. paraaraph (b) it revised to read as follows:

110..u*11a1at1a1--Nl'O'ta, (b) Each liceneee nbject to the requirementt of I 79.t51(e) thall follow the requirement, aet out in H 7US(b) and 7U'{b) of Ilda chapter.

PART 74-IIATERIAL CONTROL AND ACCOUNTING Of SPECIAL NUCLEAR MATERIAL

• 3. The authority clta1ion far Part 74 It reviaed to read ** followa:

AutbarilJ: Sac* II. 17, 11L 18Z. US. Ill Stal 11311. ll3Z. 941. 153. 9M. u amended, MC.

Z34. 13 Stal 44t. u *amended (4Z U.S.C. 21173, 1J1'17, %1.01. 1232. %282); NCa. mt.** amended, Z02. 208. 88 Stal UU. u amended, 12", 1241 (42 U.S.C. 5841, 5842. MM).

For the PIIJ'1IOHI of MC. 223, Ill Stal 958, a1 amended (42 U.S.C. ZZ73); 11 7U7, 7Ut.

74.11, and 74.82 are tuaed llllder 1ee1. 181.b and mi. Ill Stal Ml. a, amended (42 U.S.C.

Z201(b) ad ZZOt(I)): and II H.11, 7U3. 74.15 and 7U7 are lined *dar NC ieto. 81 Stat.

950, a, -ded (41 U.S.C. zaol(o)).

~~

8-Genenl Reporting

4. In SttltpartB, I 7U7 It added te read a follows:

f fl.17 Special Nuclear llateltllPbr91cal 1nwata1, Summarr R-.,o,t.

(a) Each licenaeuubject to the requireJn.a. of l7U1 thall Abmit a completed Special Nuclear Material Physical lnnDtol')' SUIIIIDS)' Report on NRC Form 3%7 not law tlaan BO c:aleodv daJa from.the atart of the pbyaical in\\'elltol')' required by I 74.3~ 'Iba licensee ball report the baventory rea.U. by plant and Ult&l facility. to the appropriate NRC regional ofDce liated ID Appe11dix A of Part 73 of thla cbaplar.

(b) Each licensee Hbjed to the requirements of I 70.51(e) of thla daapter shall aubmit a completed Special Nuclear Material Pbyaical Inventory Summar,r Report on NRC From 321 not later than 30 calendar day, from the atart of the phyaical inventory required by I 70.S1(e)(3) of thit chapter. 1be licemee tball report the iaventory reaults by plant and lo'8l facility to the appropriate NRC regional office liated in Appendix A of Part 73 of lhia chapter.

Dated at Betltema. Maryland. tba Ith day of Octolm. 1811.

For the Nuclear Replatoiy Commiuion.

Viclor Stello, Jr.,

ExtJCUtiva Director for Operation&

(FR Doc. ll&-Z3971 Filed to-2Z-le; 1:45 am)

-.....com~

&IIALL BU~ ADMINISTRA~

13 CFR Part 121.

Smd Buslnea Dn9lopment c.nter Pros,amn AaNCY! Small Buineu Admini1tration.

AC1IOIC Propoaed rule.

8UIIIUUIY: The.Small BuIDeu Adminiatratioa prepoaea the fo8awln8 comprehemift rule to goVS11 tbe operatiom of lbe Small Butm..

Development Carter Prosram, a small bminea auistaDc:e deliftl7 prosram.

1be increuedaD oldie Small Bulnett Denlopmaatc-a....-mowrae laat few,-n au aecmMc*.-.1 the promuJsation of replationt to ensure that the prosram operationa are uniform nationwide. lt"lt SBA't Intent that these rulea, If promuJsated in final form. wru.

provide a &amework for the operation of the prosram to be more efficient and effective.

DAffS: Comments mut be received on or before December Z2. 1986.

ADDIIIS1°Wdtlea cammenta 1hould be addreued lo: )olumie Albertaon. Deputy AIOci*t.e A.clmiaitralor for Businen DevelopmeDI/Small Buaine11 Development Cenl*r:a, HC1 L Street.

NW.. Room 117, Wuhingaon, DC 2.otll.

FOfl PUIITMEII INPOIIIIAnaN COlff AC'r.

Freddie Catlin* Special Alaietaat to the

_Deputr ANodate Adminiatralor for Businet1 Dewdopment/Small Buaineat DeYelc,pmeat Cmtera. '20%) 653-4'91..

IUPPLDIINTIIRY INIIOIIIIATIOIC The

• SmaD Busmen Dnelopment Center (SBDC) Programwa orilinall1 establitbed In 11111Db7Pab. L 9&-30Z which Qleftded Section zt of the Small Bmineat Act (15 U.S.C. &18). It wu later amended bf PDb. L -..m in 191M.

Many of the requimmeata set forth in this propo1ed nde me cantained ill one of the Public Law or have ttemmed from the openticma of the i>rosram aince its inceptima. While the rule ii too lengthy to delClibe nery aecticm ill detail, the majoriuuea will be highlighted below.~ welcome, public comment on any of these it111e1 or anything contained In the proposal which It not dmibed below.

Section ~Ilk l'lup(>Bn Thi aection describes the parposea of this program and itt relationehip to certain other SBA management assistance program* Generally, the SBDCI thould have cooperative relationthipt with the other SBA management a11i1tance providera to best aerve the mall bulnett community.

Section 129.11: DefuutiOIJ6 Thia aection aett forth definition* of by tel'IDI ued in thi, Subpart. While moat deflnitiona need no further explanation, aome clarification of the followfns term may aid the public in evaluating the regulatory provitiont in which they appear.

Cath match: Since the inception of thit program. the orsanizationa tpon*orins SBDCt have been ttatutorftJ required to cantn'bate to the operation of the SBDC an amount equal to dtat of the Federal coatrlbation. It coald be in the form of cub. Indirect cosb. or overhead COits, m to-kind contribatiana.

The Sma1I Buh*a l>eftlopment Center