ML23156A083

PR-040, 070, 150 - 50FR19695 - Material Balance Reports

ML23156A083
Person / Time
Issue date:	05/10/1985
From:	Dircks W NRC/EDO
To:
References
50FR19695, PR-040, PR-070, PR-150
Download: ML23156A083 (1)

Text

--- ----- - --- ---------,

ADAMS Template: SECY-067

DOCUMENT DATE: 05/10/1985

TITLE: PR-040,070, 150 - 50FR19695 - MATERIAL BALANCE REPORTS

CASE

REFERENCE:

PR-040,070, 150

50FR19695

KEYWORD: RULEMAKING COMMENTS

Document Sensitivity: Non-sensitive - SUNSI Review Complete DOCKET FILE INVENTORY Docket No. PR-40,70,150 (50 FR 19695),',

In the Matter of MATERIAL BALANCE REPORTS

VOLUME 1

Document Docket Date of Title or No. Date Document DescriEtion of Document 01 05/08/85 04/22/85 Federal Register Notice - Proposed rule (published 05/10/85) 02 06/10/85 06/06/85 Comments Florida Power Corporation 03 06/20/85 06/14/85 Comments University of Florida Nuclear (Westafer) (1) 04 07/01/85 06/26/85 Comments University of California, Santa Facilities Division (Vernetson) (2) 05 07/03/85 07/01/85 Comments Pennsylvania Power & Barbara (Gallagher) (3) Light

06 07 /10/85 06/28/85 Company (Curtis) (4) Comments Louisiana Power & (5) Light (Cook) 07 07 /11/85 07/08/85 Co1T111ents Wisconsin Public Service Corporation (Hintz) (6) 08 07/12/85 07/08/85 Comments Carolina Power & (Zimmerman) (7) Light Company 09 07/12/85 07/09/85 Comments South Carolina Electric & Company (Dixon) (8) Gas

10 07 /12/85 07/09/85 Comments Public Service Electric & Gas

11 07 /12/85 07/08/85 Company (Mittl) (9) Comments GPU Nuclear (Thorpe) (10) 12 07/19/85 07 /15/85 Comments Babcock & Wilcox (Regan) (11) 13 07/22/85 07/16/85 Comments New York Power Authority (Brans) (12)

. ~- NO. PR-4o, 150 f 'Y-/ F f<..14333 DOCKBT. PILB l]fVBNTOft1' r L cb ~ '1 / J ;)_ / (pC I

In the Mattel' t,fa Source Material Reports

J----.,-i....* -----..... -------------------j Date

10/U,/f9 Ltr frm Alliance Boring Canpany, Fenton, Michigan, dtd JD/13/69 camnent 10/ro/69 Ltr frm American Potash & Chemical Corporation, Chicago, Ill.,

dtd 10/15/69 - comment

Ltr :fran Vistron Corporation, Cl.eveland, Ohio, dtd 10/1.7/69 comment

10/24/69 Ltr frm. Institute of Nucl.kear Materials Management, Col.umbus, Ohio, dtd 10/ro/69 - camnent

Ltr :f'ram Phil.co Corporation, NewPort Beach, Calif'., dtd 10/22/ - comment

ll/JD/69 Ltr :f'rm. Pratt & Whitney Aircra:f't dtd x#;i ll/7 /69 - comment n/12/69 Ltr f'rm American Cyanamid Canpany, New WJi,l.eans, La., dtd ll/JD

- comment 11/12/69 Ltr f'rm. Allied Chemical. Corporation, Morristown, New Jersey dtd ll/JD/69 - camnent 11/12/69 Ltr :f'ran Standard Oil. Company, Cl.eveland, Ohio, dtd ll/ll/69 camnent -

ll/13/69 Ltr :f'rm. NUMEC dtd ll/JD/69 (Apollo, Pa., - camnent b..1/13/69 Ltr :f'rm GE, San Jose, Cali:r., dtd ll/ll/69 - comment ll/1!,./69 Ltr :f'rm. Westinghouse, Pittsburgh, dtd ll/ll/69 - conment 123 Main Street White Plains, New York 10601 914 681.6200 ~:PR -1l1.

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U5NRC

,. -1 Authori1y NewVorkPower 5 JJl 22 All :54 Memorandum

July 16, 1985 ODFFICE OF SECRt 1,..,. OCKETING & SERVICf JCB-85-069 BRA NCH

Mr. Samuel J. Chilk, Secretary

u. s. Nuclear Regulatory Commission Washington, D. c. 20555 Attention: Docketing and Service Branch

Subject:

NRC Proposed Rule on Material Balance Reports

(50 FR 19695)

The New York Power Authority takes this opportunity to comment on the subject item which was published on May 1 0, 1985. The Power Authority is not in favor of the proposed rule for the following reasons:

inventory reporting, it is the Authority's position *contrary to the NRC stated goal of reducing that the proposal will increase utility workload in special nuclear material inventory reporting. In the present system of reporting, the calculations which support generation of DOE/NRC Form 742C, Physical Inventory Listing, lead directly to the quantities of SMN reported on DOE/NRC Form 742, Material Balance Report. In the proposed system, a separate group of calculations will be required to verify the NRC generated report since the Commission will not have burn-up and production figures for the applicable reporting period at the time the NRC report is generated. If the NRC provides the utility with the DOE/NRC Form 741 utilized in generating this report, it will be relatively easy for the utility to perform this verification. If this is not the case however, the verification maybe considerably complicated especially if the utility is in a period during which it is receiving or shipping fuel, and transmitting several sets of 741 forms over a short span of time.

licensee paperwork in this area is asserted, the *If the Commission's stated goal of reducing Authority suggests the Commission consider eliminating the redundancy between the 742 and the 742C forms.

'"'ow~ bycen;f JUL 2 3 1985

• • • • • , *. -, - ** - j 11.s.

Babcock & Wilcox Naval Nuclear Fuel Division

a McDermott company P. 0. Box 785 July 15, 1985. Ly n chburg, V i985 JUL 19 A10 :3l304) 522-6000 rginia 24505-0785 85-099 Secretary GFFIC'" OF SECRt OOCKETING SERVI f _ iAt- '!

Washington, D.C. 20555 U.S. Nuclear Regulatory Ccmnission BRANCH

Attn: D:>cketing and Service Branch

Gentlemen:

Proposed Rule published in the Federal Register, Voltnne 50, No. 91, on Friday, '!he Babcock & Wilcox Ccxnpany, Naval Nuclear Fuel Division, has reviewed the May 10, 1985. 'Ihe rule would in part eliminate the requirement for licensees to report certain source and special nuclear material inventory reports.

generate the statement as of March 31 and September 30 of each year and mail it Proposed paragraph 70.53(a)(l) states in part," *** 'Ihe Ccmnission shall to the licensee by April 15 and October 15. 'Ihe licensee shall verify and update necessary changes to the Ccmnission by April 30 and October 31 *** the statement and, if any change is necessary, sul:mit a statement indicating the " B&W proposes that the last sentence quoted above be revised to read as follows, "The licensee shall verify and update the statement and, if any change is necessary, sul:mit a statement indicating the necessary changes to the Ccmnission within 15 days of the receipt of the statement."

receive the statement for 7 to 10 days after the Ccmnission mails it by April 15 This change to the proposed rule is being requested because B&Wmay not and October 15. (Similar type reports generated by NMMSS currently arrive at NNFD 7 to 10 days after the 15th day of the nnnth following the report period).

'Ihe short time between the date B&W could receive the statement and April 30 and October 31 would not allow sufficient time for the licensee to verify a six-nnnth statement. For B&W, NNFD, there would be three statements to verif y within this time period.

this time, the wording change poposed for 70.53(a)(l) would also be appropriate Although the 40.64(b) propsoed rule change does not impact B&W, NNFD, at for 40.64(b).

Sincerely, BABCOCK & WILCOX, NNFD

1. .~ Nuclear s~lety & Licensing Officer

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In the alternate if the proposed rule cannot be eliminated, the time allowed for response should be generate SMN inventories (working from data utilities lengthened. The utilities presently have 30 days to process inhouse). The proposed rule gives the utility 15 days, or less, depending on the mails. If the utility is in a plant startup, scheduling time to complete the report could be difficult. This report is not of such critical value tha~ a longer response time would be of any consequence.

If you have any questions on our comments or if we can be of further assistance, please do not hesitate to contact us.

Very truly yours,

J. c. Brons Senior Vice President Nuclear Generation OOCMJ IIUll8i" PR P4lOPOIII lt&i - a 14 I 60 {jo1 (5or-16 /q(,q5} ~

GPU Nuclear Corporation Nuclear 100 Interpace Parkway Parsippany, New Jersey 07054-1149 (201) 263-6500 TELEX 136 - 482 Writer's Direct Dial Number:

July 8, 1985

-SS JUL 12 P3 :47 Mr. Samuel J. Chilk Secretary of the Commission U.S. Nuclear Regu l atory Commission OFFICE 0.: SE1.,rcl:. 00CK£T tNG & SER v1c r/AR"' '

Washington, DC 20555 RANC H. '*

Subject:

Request for Comments on Material Balance Report Proposed Rule

subject proposed rule. Comments were requested in a May 10, 1985 Federal The staff of GPU Nuclear Corporation herewith submits comments on the Register notice (50 FR 19695).

beneficial to licensees currently reporting under 10 CFR 70 for nuclear power As a general comment, we do not agree that the proposed change is plants. As an industry, we may end up with fewer submittals, but it appears that the man-hour requirements may increase significantly.

Our specific co mments are contained in the enclosure.

Sincerely, 1m~ J. R. Thorpe Director Licensing & Regulatory Affairs RPJ:dls:2068f Enclosure

GPU Nuclear Corporation is a subsidiary of General Public Utilities Corporation ~

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&peclal o,w j2A o s~kuhef)J E N C L 0 S U R E GPU Nuclear Comments on Material Balance Proposed Rule

l. Comprehensive Comments

a. The workload to change existing programs and procedures would be significant and any such effort could result in the licensee's program being degraded from their current reviewed, audited and in-place accounting system.

b. Continued submittal of Form 742 is considered appropriate. Review of new forms generated outside of the licensee organization is expected to be troublesome and resultant discrepancies difficult to resolve.

c. If the NRC is late in generating their reports listed in 10 CFR 40.64, 70.53 and 150.17, we expect that licensees will receive an sections. This should be clarified. automatic extension of their report due dates under the same

2. Part 40 Comments

a. Under 10 CFR 40.64, the determining factors (limits) to decide whether a change is necessary" in a material balance report (assuming there is a discrepancy) -- l gram or l kilogram, etc.--are unclear. This should also be clarified.

b. With regard to the point raised in 2a., identified discrepancies will need to be resolved. How this is to be accomplished needs to be determined.

3. Part 70 Comments

a. The proposed change to 10 CFR 70.53 deletes the only regulatory requirement to report special nuclear material produced, consumed or decayed on a semi-annual basis. While 10 CFR 70.54 requires a D0E/NRC Form 741 to be completed "whenever he (the licensee) without a corresponding change to require semi-annual reporting on transfers or receives a quantity of special nuclear material ***,"

Form 741, the deletion of 10 CFR 50.53 reporting would defeat the proposed rule's intention.

b. The same concerns as contained in 2a and 2b - when are changes necessary and how are discrepancies resolved - arise for 10 CFR 70.53.

PublicService

& Electric and Gas 0 Ps~G Company

80 Park Plaza, Newark, NJ 07101 / 201 430-82 17 MAI LING ADDRESS/ P.O. Box 570, Newark, NJ 07101

Robe rt L. Mittl General Manager Nuclear Assurance and Regulation

July 9, 1985

" ~.., ' C.: E E

Mr. Samuel J. Chilk Secretary of the Commission 3 :46 US Nuclear Regulatory Commission Washington, D.C. 20555 '85 JUL 12 P

Dear Mr. Chilk:

MATERIAL BALANCE REPORTING 10CFR PART 40, 70, AND 150 PROPOSED RULE 10 FR 19695

We have reviewed the proposed rule on the Material Balance Reports and offer the following comment.

Since there will be a time l apse between the date when the Computer Generated Report is received and the end o f the previous reporting period, normal uranium burn-up would require licensee's to submit a statement of corrections.

The r e port should include a statement indicating that the data represents that information submitted by the licensee's as received at the end of the r e porting period; therefore

precluding the need for corrections due to uranium burn-up.

Very truly yours,

KP 11 01

The Energy People by UL 12

95-4912 (41vl) 7-83 l U, S, NUCLEN~ RI:.

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SOUTH CAROLINA ELECTRIC 8c GAS COMPANY

POST OFFICE 764

COLUMBIA. SOUTH CAROLINA 29218 D (;KETEO 0. W. DIXON. JR. USNRC VICE PRESIDENT July 9, 1985 NUCLEAR OPERATIONS Mr. Samuel J. Chilk '85 JUL 12 All :32 Secretary of the Commission U.S. Nuclear Regulatory Commission FF ICE OF SECRt 1A, Washington, D.C. 20555 ODOCK ETIN G & SEiWi Ci

Subject:

Virgil C. Summer Nuclear Station BRANCH

Docket No. 50/395 Operating License No. NPF-12 Material Balance Reports

Dear Mr. Chi lk:

South Carolina Electric and Gas Company (SCE&G) has reviewed the Proposed Rule "Material Balance Reports, 10 CFR Parts 40,70, and 150," which appeared in the May 10, 1985 Federal Register and concurs with the proposed actions. However, SCE&G also recommends revising form 741 and its instructions to help alleviate some of the confusion found by utilities in attempting to complete the form. In the area of reactor production/decay, SCE&G considers the present instructions anbiguous and does not feel the form is designed to promote uniform reporting by nuclear reactor licensees. For example, specific instructions for reporting isotopes in blanket regions need to be provided and the method of computing the weight percent of isotopes incore needs to be clarified. Examples for completing each portion of the form would also be helpful. By revising the form and its instructions in conjunction with instituting the proposed rule changes, SCE&G concludes that a meaningful and useful reporting program can be produced.

Thank you for the opportunity of provide comments on this proposed rulemaking.

If you should have any questions, please contact this office.

AMM/OWD/csw

cc: v. c. Summer T. c. Nichols, Jr./0. w. Dixon, Jr.

E. H. Crews, Jr E. c. Roberts

w. A. Williams, Jr.

D, A. Nauman Group Managers 0

• S

• Br ad ham C. L. Ligon (NSRC)

NPCF File JUL 7 2 1985 Aci<nocvl~ by eard..** ~ ***** -'* *. ;,*T ~.. FIIII B I, S. NUC LEA R[GUL,;roru co l'\\,1l3SION DOC K ET G & s:.K ' - - ~.i r :H OFFl-,E 0, 1, OF~* C C *

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/!As, /;wt-krrn Carolina Power & Light Company JUL O 8 1985 SERIA L: NLS-85-260

Secretary, U. S. Nuclear Regulatory Commission 1717 H Street, NW Washington, DC 20555 ATTENTION: Docketing and Service Branch '85 JUL 12 All :05

Dear Sirs:

OFFI CE l ;. CRETARY OOCK E Tl Nu *, SER VIC:f.

Carolina Power & Light Company (CP&L) has reviewed NRC's Notice of Pr8p5~£~

Rulemaking dated May 10, 1985 (50 FR 19695) regarding Special Nuclear Material (SNM)

Material Balance Reports and provides the following comments.

The NRC's effort to reduce the time and effort required to file semiannual inventory reports is greatly appreciated. However, from a power reactor's standpoint, very little would be gained from adoption of the proposed rule.

Carolina Power & Light Company understands that the proposed rule would require NRC to issue a Material Balance Report (Form 742) for every licensee at the end of each six month reporting period (i.e., March 31 and September 30). This report would provide a summary of the inventory changes that the licensee has reported to the NRC during the given period.

Power Reactor Licensees are currently required to report SNM production, burnup, and decay on a semiannual basis within 30 days of March 31 and September 30. Because the NRC prepared Form 742 will include only those inventory changes reported prior to April 1 and October 1, the NRC prepared Form 742 will not include inventory changes due to production, burnup, and decay. As a result, the licensee would have to correct the NRC compiled report each period.

report (Form 742) would include these inventory changes, each licensee must still Even if the proposed rule's report timing was modified such that the NRC compiled

continue their current practices of material accountability and data handling to support submission of the Inventory Change Reports as well as verify the Material Balance Report's accuracy. NRC preparation of Form 742 may save a licensee a few manhours of

effort, but given the added effort necessary to process another incoming report, verify its accuracy and possibly update it, the benefit of NRC preparation of Form 742 for power reactor licensees becomes marginal.,t

Yours very truly,

S. merman Manager Nuclear Licensing Section SDC/ccc (1715SDC)

411 Fayetteville Street

• P. 0. Box 1551

• Raleigh, N. C. 27602

Acknowl~ by C8rd.... ***. ~~~;,:~ ~ j__

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NRC-85-114

WISCONSIN PUBLIC SERVICE CORPORATION P.O. Box 19002, Green Bay, WI 54307-9002

00CK £TE:J USN~C

'85 Jl 11 AlO :3 t

Off 1c c:- o.: SECRt IA 11 July 8, 1985 DOCKET! G RANC H. ' * & SfRVlf'f

Secretary of the Commission Attention Docketing and Service Branch U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Gentlemen:

Docket 50-305 Operating License DPR-43 Kewaunee Nuclear Power Plant Proposed Rule on Material Balance Reports

Reference:

Material Balance Reports, Proposed Rule 10 CFR 40, 70 and 150, Federal Register Volume 50, No. 91, Dated May 10, 1985

We have reviewed the proposed rule regarding the submission of source material and special nuclear material balance reports as published in the Federal Register of May 10, 1985 (reference 1). The proposed rule would eliminate the requirement to report material inventories on Form 742 for all licensees except those reporting under the US/IAEA Safeguards Agreement. The proposed rule would also eliminate, for some licensees, the requirement to report inventories on Form 742C. However, nuclear reactor licensees will continue to be required to submit this form for use by the inspection and enforcement program. Finally, the rule, as amended, would require that licensees review Commission generated statements, providing revisions where necessary.

Because the proposed amendment will aid in reducing the reporting burden for l icensees while maintaining the effectiveness of the existing safeguards program, WPSC is in general agreement with the rule and offers its support.

,;;;yours,

D. C. Hintz Manager - Nuclear Power MSL/js cc - Mr. S. A. Varga, US NRC

Mr. Robert Nelson, US NRC U.S. NUCLEA DOCK ET om O f

D Poi mark D C,es R Add1 Co * "2..

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LOUISIANA 142 OELARONOE STREET e P. O. BOX 600B POWER & LIGHT/ NEW ORLEANS, LOUISIANA 70174-600B e [504) 366-2345 MIDDLE SOUTH UTILITIES SYSTEM June 28, 1~ ETEO

• -'tfSNRC

'85 JUL 10 All :53 W3P85-1371 OFF ICE Of SEC Rt L-.i A4.05 DOCKETING & SE RVl f.f BRANCH Secretary U. S. Nuclear Regulatory Conunission Washington, D. C. 20555

ATTENTION: Docketing and Services Branch

SUBJECT:

NRC Proposed Rulemaking Which Reduces Material Balance Reporting Requirements (May 10, 1985, Federal Register, Page 19695)

Dear Sir:

In the May 10, 1985 Federal Register Notice, starting on Page 19695, the NRC proposes to eliminate or reduce the material balance reporting requirements for some special nuclear material licensees. This proposed rulemaking would reduce the amount of paperwork for such licensees as hospitals, research insti tutions, etc., who have reportable inventories of special nuclear material.

Because these inventories tend not to vary substantially between reports, the material balance reports do not change from one reporting period to the next.

In this proposed rule, in an attempt to reduce the effort for licensees of nuclear power plants, the NRC will generate material balance reports for each licensee as of March 31 and September 30, and mail them to the licensee by April 15 and October 15. The licensee will verify and update the material balance report and, if any change is necessary, submit a statement indicating the necessary changes to the Commission by April 30 and October 31. Because the inventories will always be changing (due to decay, fission, etc.), the licensee will still have to generate new material balance reports to reflect these changes.

This proposed rulemaking, while*it does benefit non-nuclear plant licensees, does not change the effort required for nuclear plant licensees to perform material balance reporting.

Currently, nuclear plant licensees are required to submit DOE/NRC Form 742 (Material Balance Form), DOE/NRC Form 742C (Physical Inventory Listing), DOE/NRC Form 741 (Transaction Form) (when changes to inventory occur due to fission, decay, etc.), and if necessary DOE/NRC Form 740M (Concise Notes). These forms are submitted April 30 and October 31 for the reporting periods ending March 31 and September 30.

by JUL 1 O 1985 n3. *******~******-pzt-D -

Postmar C I Add1 C

~ pccial Secretary, U. S. Nuclear Regulatory Commission W3P85-1371 Page 2

If the intent of this rulemaking is to reduce the reporting requirements for nuclear plant licensees, a suggested method would be to use the information from the Nuclear Fuel Data Form, RW-859. Nuclear plant licensees are required to submit RW-859 to Energy Information Agency (EIA) at DOE. RW-859 allows utilities to report fuel characteristics by batch or assembly. Because most utilities use computer programs to generate their isotopic summaries, it is easier to provide information on an assembly basis. This information in cludes initial assembly loading, accumulated assembly burnup, cycle burnups, discharge storage location, discharge heavy metal, discharge fissile plutonium, and discharge U235 content.

By modifying RW-859 to include current isotopics of fuel assemblies and an inventory status code (composition/facility code), the need for the material balance report and physical inventory listing would be eliminated for those utilities which provide their information on an assembly basis. The only reporting requirements remaining would be DOE/NRC Form 741, transaction re ports, to show changes in inventories caused by fission, decay, etc.

By using the information from RW-859, utilities would have to submit only one report each year instead of three. Currently, it is estimated that RW-859 requires one to two man-weeks work to assemble and verify the necessary in formation. The special nuclear material reports require about one to two man-days to assemble and review each report. By incorporating this informa tion into RW-859, this additional two to four man-days work could be elimin ated.

If you have any questions regarding these comments, please contact Tom Andrews at (504) 595-2843.

Yours very truly,

K. W. Cook Nuclear Support & Licensing Manager

KWC/THA

cc: B. W. Churchill, W. M. Stevenson, R. D. Martin, D. M. Crutchfield, J. Wilson, T. A. Flippo (G. W. Knighton)

JOtlll.,..,,pff e&OIDIIS(OOFK_ I.. CTJ ~**ul;£~ * ~,, /~ /41 Pennsylvania Power & Light... Orl"I rm Two North Ninth Street

• Allentown, PA 18101

• 215 / 77 oJ§lttRC

'85 JUL - 3 Pl2 :22 Norman W. Curtis Vice President-Engineering & Construction-Nuclear OFF ICE OF Si;.t;Htft.r 215/770-7501 DOCKETING & SERVI Cf BRANCH JUL O 1 1985

Mr. Samuel J. Chilk, Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Docketing and Service Branch

SUSQUEHANNA STEAM ELECTRIC STATION COMMENTS ON PROPOSED RULES MATERIAL BALANCE REPORTS ER 100450 FILE 841-11 Docket Nos. 50-387 PLA-2496 and 50-388

Dear Mr. Chilk:

Pennsylvania Power and Light Company has the following comments on the proposed rules concerning Material Balance Reports (50FR19695).

Effective March 27. 1985, 10CFR70.53 was revised and now references the new 10CFR74.13 for Material Status Reports. The proposed rule should propose revisions to 10CFR74.13 rather than 10CFR70.53.

The proposed revisions to 10CFR40.64. 70.53, and 150.17 effectively eliminate the *requirement for licensees to submit DOE/NRC Form 742. In lieu of this Form, NRC will issue a balance statement and require the licensee to update this statement. The time allotted in the regulations for submitting the report is currently 30 days. The proposed rule would require the Commission to issue balance statements by April 15 and October 15 with required responses by licensees no later than April 30 and October 31. While the rule would allow extensions when good cause is shown, PP&L does not believe that this short time for response is prudent or justified. No allowance is made for the possible failure by the Commission to actually issue balance statements on time or for possible delays in mail delivery. In addition. there is no safety consequence to allowing more time to respond. Therefore, PP&L believes that the final rule should allow licensees at least 30 days from receipt of the NRC balance statement to respond. In addition, reactor licensees (who must also

U. S, NUCLE AR REGULATORY COMMISSION DOCK ETING & SERVICE BRANC!i O FFICE OF THE SECRETAR~

OF THE COMMI iO

r Document : /

Postmark Dare _ /'f/1 ( r U C 1es Received /

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1 Page 2 SSES PLA-2496 JUL 1l 1 1985 ER 100450 File 841-11 Mr. Samuel J. Chilk

submit D0E/NRC Form 742C) should be permitted to delay submittal of D0E/NRC Form 742C to be concurrent with submittal of the updated balance statement.

We appreciate this opportunity to comment on the proposed regulations.

Very truly yours,

~~~

N. W. Curtis Vice President-Engineering & Construction-Nuclear

cc: Ms. M. J. Campagnone - USNRC Mr. R.H. Jacobs - USNRC Ms. June Robertson - USNRC UNIVERSITY OF CALIFORNIA, SANTA BARBARA......

BERKELEY

• DAVIS

• IRVINE

• LOS ANGELES

• RIVERSIDE

• SAN DIEGO

• SAN FRANCISCO i ) SANTA BARBARA

• SANTA CRUZ 0 CUSN~ C............... K£TEr.

ENVIRONMENTAL HEAL TH AND SAFETY SANTA BARBARA, CALIFORNIA 93106

• as JU L -1 Ol...r w, :.:i-l!tne 'l. 'le:: 1985

ODOC KETING & SERV ICf FFI CE OF StCRt.TA n r BRANCH

Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attn: Docketing and Service Branch

Dear Sir:

I

Re: Comments on Proposed Rules, 10 CPR 40, 70, 150 Published in Federal Register on 10 May 1985

I would like to add my support to the proposal on pages 19695-19697 of the Federal Register issue dated 10 May 1985. We have been submitting essentially identical Form 7 42 reports for the semiannual periods of the last 10 years. Our data just does not change and the requirement to submit such reports is a terrible waste of both our time and the NRC's time.

In addition to the proposal as published, I would like to see the requirement for submitting Form 7 42C deleted for small nuclear reactors which do not have any appreciable change in fuel composition over long periods of time. Our reactor, an L-77 training reactor which operates at a maximum thermal power level of 10 watts, is clearly in this category. Some thermal power level above this figure should be chosen to provide a minimum value for which reports on Form 742C would be required -- say 1 or 10 kilowatts might be appropriate.

Thank you for considering these comments in the development of your final rules.

Sincerely,

~J_ i~ JjJflaz:,,_JiC Frank E. Gallagher, III Radiation Protection O ficer

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• NUQ.EAR RE~II DC>eKET I G &

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NILS J. DIAZ, DIRECTOR NUCLEAR FACILITIES DIVISION (5JF/l /9,'15)

W.G. VERNETSON, REACTOR MANAGER NUCLEAR REACTOR BUILDING UNIVERSITY OF FLORIDA @

GAINESV ILLE, FLORIDA 32611 PHONE (904) 392-1429 TELEX 56330

June 1 4, 1 98 5 OOt K USNR C ETE fl

Secretary -SS JUN 20 AlO :47 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l.iff DO CKETING & SER VI(£ ICE Or SE.CRL,...1 Attention: Docketing and Service Branch RAN CH

Re: Federal Register, Vol. 50, No. 91, Friday, May 10, 1985

Gentlemen:

This letter is being written to support the proposed rule on Material Balance Reports (10 CFR Parts 40, 70 and 150) (Federal Register, Volume 50, No. 91, Friday, May 10, 1985). I strongly support the elimination of paperwork when possibl e. Certainly, the elimination of the requirement to report inventories on Form 742 for all licensees except those reporting under the US/IAEA Safeguards Agreement would be a good rule and I support it. Since the proposed rule also elim inates the requirement to report in ventories on Form 742C for all licensees except those for nuclear reactors and those reporting under the Agreement, I favor this

.. : also.

Thank you for your consideration of these comments.

Sincerely,

William G. Vernetson Acting Director of Nuclear Facilities

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June 6, 1985 is JUN 1 o mo :2a 3F0685-04 OFFICE OF SECHt. TAR DOCKETING & SE RV tBRAN CH

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Secretary, U.S. Nuclear Regulatory Commission Atten: Docketing and Service Branch Washington, DC 20555

Subject:

Crystal River Unit 3 Docket No. 50-302 Operating License No. DPR-72 Material Balance Reports Proposed Rule Federal Register, Vol. 50, No. 91, May 10, 1985, p. 19695

Dear Sir:

Florida Power Corporation (FPC) would like to favorably respond to the with 10 CFR Parts 40, 70, and 150. This proposed rule appeared in the May proposed rule concerning Material Balance Reports prepared in accordance 10, 1985 Federal Register on page 19695.

Florida Power Corporation agrees that it is advisable to eliminate filing DOE/NRC Form 742 by all licensees except those reporting under the US/IAEA Safeguards Agreement. Form 742 supplies the same information that is provided on the currently required Form 741 and Form 742C. Filing Form 742 in addition to the other forms is an unnecessary duplication of effort.

The use of an NRC generated Material Balance report, as proposed, will be easier for all participants to reconcile than the currently used method.

However, Flo r ida Power Corporation recommends that the rule revise the proposed filing date of this report. Waiting 15 additional days to generate these reports would allow a substantial portion of licensees' data for the period ending March and September to be entered into the Commission's system.

u ~ o 1§ Acknowlqed by Clrd.....*.**.*** ** *--

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GENERAL OFFICE 3201 Thirty-fourth Street South

• P.O. Box 14042, St. Petersburg, Florida 33733

• 813-866-5151

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June 6, 1985 3F0685-04 Page 2

In summary, Florida Power Corporation agrees with the proposed termination of the filing requirement for Form 742. However, FPC recommends that the generation date for the Material Balance Statement prepared by the NRC be changed to April 15 and October 15 and the return date be changed to April 30 and October 31.

Sincerely, L~.*

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Gary R. Westafer Manager, Nuclear Operations Licensing and Fuel Management Wheeler(WOl)C2-1 1121e *nu

~ Ml PB :44.76, /56 NUCLEAR REGULATORY COMMISSION (5?J F/2., /C/61..f} [7590-01]

10 CFR Parts 40, 70, 150 Material Balance R~ports DOCKETED USNRC AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule. ~5 HAY -8 A9 :27 OFFICE OF SEC R[ T' -

SUMMARY

The Nuclear Regulatory Commission proposes to ffi:H its regulations DOC X£ TING.\\ SER 'v1r

concerning the submission of source material and special nuclear material inventory reports. The proposed rule wou 1 d e 1 i mi nate the re _qui rement to report inventories on Form 742 for all licensees except those reporting under the e US/IAEA Safeguards Agreement. The proposed rule would also eliminate the requirement to report inventories on Form 742C for all licensees except those fo r nuclear reactors and those reporting under the Agreement. The NRC would generate an equivalent report based on transaction data already submitted by each licensee. The proposed rule is intended to reduce the reporting burden on licensees without adversely affecting the domestic safeguards program or the ability to satisfy existing commitments.

DATE : Comment period expires JUL O 9 1985

• Comments received after this date will be considered if it is practical to do so, but assurance of considera tion cannot be given except as to comments received on or before this date.

ADDKESSES: Mail written comments to: Secretary, u*.s. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and Service Branch.

Deliver comments to Room 1121, 1717 H Street, NW, Washington, DC between 8:15 am and 5:00 pm weekdays.

Copies of the regulatory analysis, the 0MB supporting statement, and any com ments received on the proposed rule may be examined at the NRC Public Document Room at 1717 H Street, NW, Washington, DC.

FOR FURTHER INFORMATION CONTACT: June Robertson, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone: (301) 427-4004.

SUPPLEMENTARY INFORMATION: BACKGROUND

As a part of a reevaluation oft.he safeguards data collection and processing requirements, the NRC examined the possibility of eliminating the requirements for licensees to report inventories on Forms 742 (Material Balance Report) and 742C (Physical Inventory Listing) for most licensees. The NRC concluded that, with the exception of those licensees reporting under the US/IAEA Safeguards e Agreement, the requirements for reporting inventories on Material Balance Reports can be deleted. However, the need for a composition of ending inventory to be submitted on Form 742C by nuclear reactors is necessary to the domestic inspection and enforcement function. Therefore, the requirement for submitting Form 742C would be re~ained for nuclear reactor licensees.

MATERIAL BALANCE REPORTS Currently, NRC l icensees who are authorized to possess 350 grams or more of special nuclear material are required to submit an inventory report for each e material type on Forms 742 and 742C as of March 31 and September 30 of each year.

Also, NRC and Agreement State licensees who are authorized to possess 1,000

_ kilograms or more of source material are required to submit a year l y statement of their source material holdings as of September 30 of each year. This informa tion is necessary to the domestic inspection program and is needed to prov i de to the Australian and Canadian Governments a periodic report showing the inventory of all the materials in each U.S. facility that is subject to their respect i ve Bilateral Agreements.

For licensees other than those r eporting under the US /IAEA Sa f eguards Agreement, the proposed rule would eliminate the requirement to submi t the

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Form 742. For a11 licensees other than nuclear reactors and those reporting under the US/IAEA Safeguards Agreement, the proposed rule would eliminate the requirement to submit the Form 742C. Instead, the NRC would computer-generate, for each licensee, an inventory report based on material transaction reports submitted to the NRC on Form 741 for special nuclear material and foreign origin source materia1.

(In a separate rulemaking action effe~tive July 16, 1984 (49 FR 24705; June 15, 1984), the requirement to report domestic transfers of U.S. origin source material was deleted. Only imports, exports, and domestic transfers of foreign origin source material are currently reported to the transaction data base.) This gen erated report would be submitted to the licensee for review and verification with e the licensee's book inventory data or results of a physical inventory, -as the case may be. The licensee would then submit any supplemental data necessary to recon cile any difference between the generated inventory and the licensee 1 s inventory.

The amendment affects approximately 350 NRC and Agreement State licensees of which approximately 150 are small independe~t industrial manufacturers, each with an estimated annual gross income of less than $1 million and a staff of fewer than 500 people. As a result of this change, the reporting burden for each affected special nuclear material licensee would be reduced by two reports per year and the reporting burden for each affected source mater i a l licensee would be reduced by one statement per year. The process of the licensee verification of the computer-generated report will partially affect the reduction ~n licensee reporting, but the net burden to licensees should be less than the burden of generating and submitting the currently required reports.

ENVIRONMENTAL IMPACT: CATEGORICAL EXCLUSION The NRC has determined that the proposed amendments to Parts 40 and 70 are the type of action described in categorical exclusion 10 CFR 51.22(c)(3) and that the proposed amendment to Part 150 is the type of action described in 10 CFR 51.22(c)(l). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed regulat ion.

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PAP ERWORK REDUCTION ACT STATEMENT This proposed rule amends information collection requirements that are sub ject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This rule has been submitted to the Office of Management and Budget for review and approval of the paperwork requirements.

REGULATORY ANALYSIS The Commission has prepared a draft regulatory analysis on this proposed reg ulation. The analysis examines the costs and benefits of the alternatives consid ered by the Commission. The draft analysis is available for inspection in the NRC e Public Document Room, 1717 H Street, NW, Washington, DC. Single copies of the draft analysis may be obtained from June Robertson, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone: ( 301) 427-4004.

The Commission requests public comment on the draft regulatory analysis.

Comments on the draft analysis may be submitted as indicated under the ADDRESSES heading.

REGULATORY FLEXIBILITY CERTIFICATION Based upon the information available at this stage of the rulemaking proceeding and in accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C.

605(b), the Commission hereby certifies that, if promulgated, this rule will not have a significant economic impact upon a substantial number of small entities due to the decrease in burden for all affected licensees. The proposed rule would re duce from 350 to 250 the number of specific licensees who are required to report inventories of nuclear materials under 10 CFR 40.64, 70.53, and 150.17. Currently, approximately 190 of these licensees submit 2 reports each year to report inventorie s of special nuclear materials. The remaining 60 licensees submit one report each year to report holdings of source material. The economic impact on all licensees

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will be reduced due to t he fact that approximately 100 small licensees who cur rently complete a report(s) will not report inventories at all, and the remaining licensees will verify and update a Commission generated statement of inventory instead of completing a report. The current burden of two hours is time needed to complete the report. The estimated time for verifying and updating the Com mission generated statement of inventory is one hour.

The approximately 100 licensees who need not complete and submit an inven tory report are small independent industrial licensees who currently submit one report each year. This is a reduction of (2 hrs x 100) 200 hours0.00231 days <br />0.0556 hours <br />3.306878e-4 weeks <br />7.61e-5 months <br /> each year.

The licensees who will verify and update a Commission generated statement of inventory consists of approximately 150 small licensees and approximately 50 other 1 i censees.

The average small independent industrial licensee has an annual gross income of less than $1 million and employs fewer than 500 people. The cost for complying with the proposed requirement will not pose an economic impact. There will be no additional cost for any licensee.

Any small entity subject to this regulation which detennines that, because of its size, it is likely to bear a disproportionate adverse economic impact should notify the Commission of this in a comment that indicates:

(a) The licensee's size in tenns of annual income, revenue, or number of employees; (b) How the proposed regulation would result in a significant economic burden upon the licensee as compared to that placed upon a larger licensee; and (c) How the proposed regulations could be modified to take into account the licensee's differing needs or capabilities.

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LIST OF SUBJECTS IN 10 CFR PARTS 40, 70, AND 150 PART 40 - Governmental *contracts, Hazardous materials - transportation, Nuclear materials, Penalty, Reporting and recordkeeping requirements, Source material, Uranium.

PART 70 - Hazardous materials - transportation, Nuclear materials, Packaging and containers, Penalty, Radiation protection, Reporting and recordkeeping require ments, Scientific equipment, Security measures, Special nuclear material.

PART 150 - Hazardous materials - transportation, Intergovernmental relations, Nuclear materials, Penalty, Reporting and recordkeeping requirements, Security e measures, Source material, Special nuclear material.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendments to 10 CFR Parts 40, 70, and 150.

PART 40 - DOMESTIC LICENSING OF SOURCE MATERIAL

1. The authority citation for Part 40 continues to read as follows:

- AUTHORITY: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. lle(2), 83, 84, Pub. L.95-604, 92 Stat. 3033, as a!'1nded, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2014 (e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282);

secs. 274, Pub. L.86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

Section 40.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 40.31(9) also issued under sec. 122, 68 Stat. 939 (42 U.S.C.

2152). Section 40.46 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also issued under sec. 187, 68 Stat. 955 (42 U.S.C.

2237).

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For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);

§§ 40.3, 40.25(d)(l)-(3), ~0.35(a)-(d), 40.4l(b) and (c), 40.46, 40.51(a) and (c),

and 40.63 are issued under sec. 161b, 68 Stat. 948, as amended, (42 u.s.c.

220l{b)); and§§ 40.25(c) and (d)(3) and (4), 40.26{c)(2), 40.35{e), 40.42, 40.61, 40.62, 40.64 and 40.65 are issued under sec. 1610, 68 Stat. 950, as amended (42 u.s.c. 2201(0)).

2. In§ 40.64, paragraph (b) is revised to read as fo11ows:

- § 40.64 Reports.

(b) Except as specified in paragraphs (d) and (e) of this section, each licensee who is authorized to possess at any one time and lqcation more than 1,000 kilograms of uranium or thorium or any combination of

• uranium or thorium, shall verify and update a statement of material balance concerning source material of foreign origin received, possessed, transferred, consumed, disposed of, or lost by the licensee. The Commission sha11 generate the statement as of September 30

- of each year and mail it to the licensee by October 15 of each year. The licensee shall verify and update the statement and, if any change is necessary, submit a statement indicating the necessary changes to the Commission by October 31. The Commission may permit a licensee to extend the time to submit an updated statement when good cause is shown.

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PART 70 - *DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

3. The authority citation for Part 70 is revised to read as follows:

AUTHORITY: Sections 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 u.s.c. 5841, 5842, 5845, 5846).

Section 70.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.21(9) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 u~s.c. 2077). Sections 70.36 and 70.44 a1so is sued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 u.s.c. 2236, 2237}. Section 70.62 also issued under sec. 108, 68 Stat. 939, as amended (42 u.s.c~ 2138).

For the purposes of sec. 233, 68 Stat. 958, as amended (42 U.S.C. 2273);

§§ 70.3, 70.19(c), 70.21(c), 70.22(a), (b), (d)-(k), 70.24(a) and (b),

• 70.32(a)(3}, (5), (6), (d), and (i), 70.36, 70.39(b) and (c), 70.4l(a),

70.42(a) and (c), 70.56, 70.57(b), (c}, and (d), 70.58(a}-(g)(3), and (h} - (j) are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b));

§§ 70.7, 70.20a(a) and (d), 70.20b(c) and (e), 70.2l(c}, 70.24{b), 70.32(a)(6},

(c), (d}, (e}, and (g}, 70.36, 70.51(c ) -(g), 70.56, 70.57(b) and (d) and 70.58(a)-(g)(3) and (h)-(j) are issued under sec. 16li, 68 Stat. 949, as amended (42 U.S.C. 220l(i )); and§§ 70.20b(d) and (e), 70.38, 70.Sl(b) and (i), 70.52, 70.53, 70.54, 70.55, 70.58(g)(4}, (k), and (1), 70.59, and 70.60(b) and (c) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(0}).

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For the purposes of sec. 223, 68 Stat. *958, as amended (42 u.s.c. 2273);

§§ 150.20(b)(2)-(4) and 150.21 are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 220l(b)}; § 150.14 is issued under sec. 161i, 68 Stat. 949, as amended (42 U.S.C. 220l(i )); and§§ 150.16-150.19 and 150.20(b)(l } are issued under sec. 1610, 68 Stat. 950, as amended (42 u.s.c. 2201(0)).

6. In § 150.17, paragraph (b) is revised to read as follows:

§ 150.17 Submission to the Commission of source mater i al reports.

(b) Except as specified in paragraph (d) of this section and§ 150.17a, each person who is authorized to possess at any one time and location, pursuant to an Agreement State license, more than 1,000 kilograms of uran i um or thorium, or any combination of uranium or thorium, shall verify and update a statement of material balance concerning source material of foreign ori gin received, possessed, trans ferred, consumed, disposed of, or lost by the licensee. The Commiss i on sha l l generate the statement as of September 30 of each year and mai l i t to t he l icensee

- by October 15. The l icensee shall veri f y and update the statement and, i f any change is necessary, submit a statement indicat i ng the necessary changes to the Commission by O~tober 31. The Commiss i on may permit a l icensee to ex t end the

- time to submit an updated statement when good cause is shown.

Dated at Bethesda, Maryland, this 2-J. ~ day of _1e-0-+J- *--- --- *, 19 85.

For the Nuc l ear Re gulatory Commission.

William J.--Uircks, Executive Direct or for Operations.