NRC-2009-0541, Enclosuproposed Generic Communication; NRC RIS 2009; Monitoring the Status of Regulated Activities During a Pandemic

Enclosuproposed Generic Communication; NRC RIS 2009; Monitoring the Status of Regulated Activities During a Pandemic

ML093490468
Person / Time
Site:	Humboldt Bay
Issue date:	12/09/2009
From:	NRC/FSME/DMSSA
To:	State of MI, State, Agreement States
Virgilio R
Shared Package
ML093490401	List: ML093490468 NRC-2009-0541, Enclosuproposed Generic Communication; NRC RIS 2009; Monitoring the Status of Regulated Activities During a Pandemic
References
74FR65165, FSME-09-100, NRC-2009-0541
Download: ML093490468 (3)

Text

65165 Federal Register/Vol. 74, No. 235/Wednesday, December 9, 2009/Notices NUCLEAR REGULATORY COMMISSION

[Docket No. 050-133; NRC-2009-0541]

Pacific Gas and Electric, Humboldt Bay

Power Plant, Unit 3; Environmental

Assessment and Finding of No

Significant Impact for an Exemption

From Certain Control and Tracking

Requirements in 10 CFR Part 20

Appendix G Section III.E The U.S. Nuclear Regulatory Commission (NRC) is considering

issuance of an exemption from certain

control and tracking requirements in 10

CFR part 20 appendix G section III.E for

Facility Operating License No. DPR-7

issued to Pacific Gas and Electric (PG&E

or the licensee), for Humboldt Bay

Power Plant (HBPP) Unit 3, located in

Humboldt County, California.

Environmental Assessment

Identification of Proposed Action The proposed action is in accordance with the licensee's application for an exemption dated September 4, 2009.

The licensee has requested an

exemption from certain control and

tracking requirements in 10 CFR part 20

appendix G section III.E, which require

the licensee to investigate, and file a

report with the NRC, if shipments of

low-level radioactive waste are not

acknowledged by the intended recipient

within 20 days after transfer to the

shipper. The proposed action would grant an exemption to extend the time period

that can elapse during shipments of

low-level radioactive waste before the

licensee is required to investigate and

file a report with the NRC. Specifically, the exemption would extend the time

period for the licensee to receive

acknowledgment that the low-level

radioactive waste shipment has been

received by the intended recipient from

20 days to 45 days.

The Need for the Proposed Action PG&E is in the process of decommissioning HBPP Unit 3. During the decommissioning process, large

volumes of slightly contaminated debris

are generated and require disposal.

PG&E transports low-level radioactive

waste from HBPP Unit 3 to distant

locations such as a waste disposal

facility operated by Energy Solutions in

Clive, Utah, and waste processors in

Tennessee.

The licensee's request to extend the 20-day investigation and reporting

requirements for shipments of low-level

radioactive waste to 45 days is based on

historical data derived from experience at Southern California Edison Company's San Onofre Nuclear

Generating Station (SONGS). That

experience indicates that rail

transportation time to waste disposal

facilities frequently exceeded the 20-day

reporting requirement. A review of the

SONGS data indicates that

transportation time for shipments by rail

or truck/rail took over 16 days on

average and, on occasion, took up to 57

days. HBPP is in a more remote location

than SONGS and is not near a railhead.

Shipping from HBPP may require a

combination of truck/rail, barge/rail or

barge/truck shipments. These mixed-

mode shipments will be comprised of

truck and barge shipments from HBPP

to inland locations in California or

nearby states, followed by rail

shipments to the waste disposal

facilities or processors. The additional

step of transloading material at a remote

railyard (e.g., unloading and loading, waiting for the train to depart) is

expected to add to shipping delays that

exceed the time of shipments from

SONGS. The licensee affirms that the low-level radioactive waste shipments will always

be tracked throughout transportation

until they arrive at their intended

destination. The licensee believes, and

the staff agrees, that the need to

investigate, trace, and report to the NRC

on the shipment of low-level waste

packages not reaching their destination

within 20 days does not serve the underlying purpose of the rule.

Therefore, the NRC staff finds that

granting an exemption to extend the

time period from 20 days to 45 days for

mixed-mode shipments of low-level

radioactive waste will not result in an

undue hazard to life or property.

Environmental Impacts of the Proposed Action The NRC has reviewed the licensee's proposed exemption request and

concluded that the proposed exemption

is procedural and administrative in

nature. The proposed action will not significantly increase the probability or

consequences of accidents, no changes

are being made in the types of any

effluents that may be released offsite, and there is no significant increase in

occupational or public radiation

exposure. Therefore, there are no

significant radiological environmental

impacts associated with the proposed

action. With regard to potential nonradiological impacts, the proposed

action does not involve any historic

sites. It does not affect nonradiological

plant effluents and has no other environmental impact. Therefore, there

are no significant nonradiological

environmental impacts associated with

the proposed action.

Accordingly, the NRC concludes that there are no significant environmental

impacts associated with the proposed

action. Alternatives to the Proposed Action As an alternative to the proposed action, the staff considered denial of the proposed action (i.e., the no-action

alternative). Denial of the application

would result in no change in current

environmental impacts. The

environmental impacts of the proposed

action and the alternative action are

similar. Agencies and Persons Contacted In accordance with NRC policy, on November 2, 2009, the staff consulted with a State of California official in the

Radiologic Health Services, State

Department of Health Services, regarding the environmental impact of

the proposed action. The state official

had no comments.

Finding of No Significant Impact On the basis of the environmental assessment, the NRC concludes that the proposed action will not have a

significant effect on the quality of the

human environment. Accordingly, the

NRC has determined not to prepare an

environmental impact statement for the

proposed action.

Dated at Rockville, Maryland this 1st day of December 2009.

For the Nuclear Regulatory Commission.

Keith I. McConnell, Deputy Director, Decommissioning and Uranium Recovery Licensing Directorate, Division of Waste Management and

Environmental Protection, Office of Federal

and State Materials and Environmental

Management Programs.

[FR Doc. E9-29327 Filed 12-8-09; 8:45 am]

BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION

[NRC-2009-0536]

Proposed Generic Communication;

NRC Regulatory Issue Summary 2009-

XX; Monitoring the Status of Regulated

Activities During a Pandemic AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of opportunity for public comment.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is proposing to issue VerDate Nov<24>2008 15:02 Dec 08, 2009Jkt 220001PO 00000Frm 00078Fmt 4703Sfmt 4703E:\FR\FM\09DEN1.SGM09DEN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 65166 Federal Register/Vol. 74, No. 235/Wednesday, December 9, 2009/Notices this regulatory issue summary (RIS) to inform addressees of the NRC's desire

for information on the evolving

pandemic situations at licensee sites

and the impact of a pandemic situation

on operational decisions and requests

for regulatory relief. The NRC intends to

use this information to align NRC

resources to be prepared to address

potential safety and operational issues

at affected licensee sites, and to support

decision-making within the NRC. The

NRC, therefore, is soliciting licensees to

voluntarily provide information

regarding the above.

The NRC is also sharing this RIS with the Agreement States via a separate

communication and is encouraging the

Agreement States to share it with their

licensees.

This RIS is available through the NRC's Agencywide Documents Access

and Management System (ADAMS)

under accession number ML093210234.

DATES: Comment period expires January 25, 2010. Comments submitted after this

date will be considered if it is practical

to do so, but assurance of consideration

cannot be given except for comments

received on or before this date.

ADDRESSES: Submit written comments to the Chief, Rulemaking and Directives

Branch, Division of Administrative

Services, Office of Administration, U.S.

Nuclear Regulatory Commission, Mail

Stop TWB-05-B01M, Washington, DC

20555-0001, and cite the publication

date and page number of this Federal Register notice. FORFURTHERINFORMATIONCONTACT

Thomas Alexion at 301-415-1326 or by

e-mail at Thomas.Alexion@NRC.gov or Joseph Golla at 301-415-1002 or by e-

mail at Joe.Golla@NRC.gov. SUPPLEMENTARYINFORMATION

NRC Regulatory Issue Summary 2009-

XX; Monitoring the Status of Regulated

Activities During a Pandemic Addressees All holders of operating licenses for nuclear power reactors and research and test reactors (RTRs) under the

provisions of Title 10 of the Code of Federal Regulations (10 CFR) Part 50,

Domestic Licensing of Production and

Utilization Facilities, except those that

have ceased operations and have

certified that fuel has been permanently

removed from the reactor vessel.

All U.S. Nuclear Regulatory Commission (NRC) fuel cycle facilities

licensed under 10 CFR Part 40 or 70 and

gaseous diffusion plants certified under

10 CFR Part 76.

All 10 CFR Part 72 specific licensees and certificate holders and holders of operating licenses for nuclear power reactors who have permanently ceased

operations and have certified that fuel

has been permanently removed from the

reactor vessel that are not 10 CFR Part

72 specific licensees.

All holders of radioactive materials licenses under the provisions of 10 CFR

Parts 30, 40, and 70, regarding Rules of

General Applicability to Domestic Licensing of Byproduct, Source, and

Special Nuclear Material with Category

1 and 2 sources.

Intent The NRC is issuing this regulatory issue summary (RIS) to inform addressees of the NRC's desire for

information on the evolving pandemic

situations at licensee sites and the

impact of a pandemic situation on

operational decisions and requests for

regulatory relief. The NRC intends to

use this information to align NRC

resources to be prepared to address

potential safety and operational issues

at affected licensee sites, and to support

decision-making within the NRC. The

NRC, therefore, is soliciting licensees to

voluntarily provide information

regarding the above.

The NRC is also sharing this RIS with the Agreement States via a separate

communication and is encouraging the

Agreement States to share it with their

licensees.

Background The NRC's overarching mission is to license and regulate the nation's civilian use of byproduct, source, and special

nuclear materials to ensure adequate

protection of public health and safety, promote the common defense and

security, and protect the environment.

Across the spectrum of government operations, there has been a concerted

effort to prepare for and respond to

pandemic outbreaks, including the

H1N1 influenza virus. All government

agencies have or are preparing

pandemic plans to ensure the operation

of the government during a pandemic.

Part of this preparation and planning is

an effort by the federal government to

ensure the U.S. infrastructure is

maintained to the fullest extent

possible.

The Homeland Security Council, in the National Framework for 2009-H1N1 Influenza Preparedness and Response, described surveillance as the first of the

pillars of preparedness and further

defined the term to mean enhanced

efforts to achieve timely and accurate

situational awareness of evolving

disease and the impact on critical

sectors to inform policy and operational

decisions. Under that definition, the NRC is in a situational awareness

mode at all times when there is a threat

of a pandemic, because: (1) Of the

agency's need to be ready to respond

quickly to any emergency that could

threaten the agency's mission or the

nuclear activities that it regulates, and

(2) impacts to the electric grid may have

an impact on plant safety.

Summary of Issues The NRC is interested in maintaining situational awareness of licensees' ability to cope with the challenges

associated with a pandemic. This

information will serve two functions:

1. The NRC must be prepared to respond quickly if a safety or security

event develops.

2. The NRC is obligated to keep its stakeholders informed.

Information of Interest The NRC is interested in maintaining situational awareness of the status of its regulated activities during a pandemic

and requests that licensees voluntarily

inform the staff of any potential impacts

on those activities. Accordingly, answers to the following two questions

should be considered during routine

business contacts with NRC staff (e.g.,

during routine communications with

the NRC licensing project manager or

resident inspector or during inspections

conducted by the NRC), or as licensees

desire to report information:

1. Does the licensee anticipate operational challenges at the facility or

in the conduct of activities in the next

48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> in the following areas as a

result of the pandemic?

a. Safety.

b. Security.

c. Safeguards.

d. Emergency preparedness.

2. Does the licensee anticipate the need to request regulatory action as a result of the pandemic in the next 48

hours? Responses to these questions will be voluntary. If either question results in a

yes answer, the NRC expects the

licensee to provide additional

information specific to the needs of the

licensee, as soon as possible. In such

cases, the appropriate NRC staff will

follow-up with the licensee. It should be

noted that this RIS does not eliminate

the need for licensees to meet the

reporting requirements contained in

applicable regulations. Further, there

are no information collection

expectations other than information that

is typically exchanged through routine

business activities or is already required

by NRC regulations. The information

provided will enable the NRC to VerDate Nov<24>2008 15:02 Dec 08, 2009Jkt 220001PO 00000Frm 00079Fmt 4703Sfmt 4703E:\FR\FM\09DEN1.SGM09DEN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 65167 Federal Register/Vol. 74, No. 235/Wednesday, December 9, 2009/Notices effectively respond to licensees with potential challenges.

For materials licensees that have less frequent contact with NRC, the NRC

regional offices are establishing an

e-mail address that can be used to voluntarily submit the information

discussed above. Materials licensees

will receive a separate communication, by e-mail or phone, identifying the

appropriate e-mail address for

submitting information concerning

potential pandemic impacts.

NRC recognizes that during a pandemic, licensees' resources may be

strained. Therefore, NRC understands

that licensees will provide information

to the best of their ability, given the

circumstances.

Backfit Discussion This RIS requests that addressees voluntarily provide information as appropriate to assist the NRC staff in

managing the impacts of a pandemic on

regulated activities. This effort by the

NRC is a part of the continuing federal

effort in pandemic planning, and it

supports situational awareness of

potential issues at NRC-licensed

facilities.

The staff is not imposing any new positions nor is it imposing any new

regulatory requirements on licensees.

Any information provided by a licensee

is strictly voluntary. No action is

required on the part of any licensee;

therefore, this document does not

constitute a backfit under applicable

backfit regulations. Consequently, the

staff did not perform a backfit analysis.

Federal Register Notification To be done after the public comment period.

Paperwork Reduction Act Statement This RIS does not contain new or amended information collection requirements subject to the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.). Existing information collection

requirements were approved by the

Office of Management and Budget, control numbers 3150-0011 and 3150-

0012. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an

information collection requirement

unless the requesting document

displays a current valid Office of

Management and Budget control

number. Contacts Technical Contacts-Office of Nuclear Reactor Regulation (NRR)

Joseph Golla, NRR, (301) 415-1002, E-mail: joseph.golla@nrc.gov.

Thomas Alexion, NRR, (301) 415-1326, E-mail: thomas.alexion@nrc.gov.

Technical Contacts-Office of Nuclear Material Safety and Safeguards (NMSS)

Steven Ward, NMSS, (301) 492-3426, E-mail: steven.ward@nrc.gov.

Kevin Witt, NMSS, (301) 492-3323, E-mail: kevin.witt@nrc.gov.

Technical Material Contacts-Office of Federal and State Materials and

Environmental Management Programs (FSME) and the Regions Duncan White, FSME, (301) 415-2598, E-mail: duncan.white@nrc.gov.

John Kinneman, Region I, (610) 337-5274, E-mail: john.kinneman@nrc.gov.

Steven Reynolds, Region III, (630) 829-

9800, E-mail: steven.reynolds@nrc.gov.

Art Howell, Region IV, (817) 860-8106, E-mail: art.howell@nrc.gov.

End of Draft Regulatory Issue Summary Documents may be examined, and/or copied for a fee, at the NRC's Public

Document Room at One White Flint

North, 11555 Rockville Pike (first floor),

Rockville, Maryland. Publicly available

records will be accessible electronically

from the Agencywide Documents

Access and Management System (ADAMS) Public Electronic Reading

Room on the Internet at the NRC Web

site, http://www.nrc.gov/NRC/ADAMS/

index.html.

If you do not have access to ADAMS or if you have problems in

accessing the documents in ADAMS, contact the NRC Public Document Room (PDR) reference staff at 1-800-397-4209

or 301-415-4737 or by e-mail to

pdr@nrc.gov.

Dated at Rockville, Maryland, this 30th day of November 2009.

For the Nuclear Regulatory Commission.

Martin C. Murphy, Chief, Generic Communications Branch, Division of Policy and Rulemaking, Office

of Nuclear Reactor Regulation.

[FR Doc. E9-29326 Filed 12-8-09; 8:45 am]

BILLING CODE 7590-01-P PENSION BENEFIT GUARANTY CORPORATION Proposed Submission of Information Collection for OMB Review; Comment

Request; Administrative Appeals AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Notice of intent to request extension of OMB approval of

information collection.

SUMMARY

The Pension Benefit Guaranty Corporation (PBGC) intends to

request the Office of Management and

Budget (OMB) to extend approval, under the Paperwork Reduction Act, of

a collection of information under its

regulation on Rules for Administrative

Review of Agency Decisions. This

notice informs the public of PBGC's

intent and solicits public comment on

the collection of information.

DATES: Comments should be submitted by February 8, 2010.

ADDRESSES: Comments may be submitted by any of the following

methods: Federal eRulemaking Portal: http://

www.regulations.gov.

Follow the Web site instructions for submitting

comments.

E-mail: paperwork.comments@pbgc.gov.

Fax: 202-326-4224.

Mail or Hand Delivery:

Legislative and Regulatory Department, Pension Benefit

Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005-4026.

PBGC will make all comments available on its Web site, http://

www.pbgc.gov.

Copies of the collection of information may also be obtained

without charge by writing to the

Disclosure Division of the Office of the

General Counsel of PBGC at the above

address or by visiting the Disclosure

Division or calling 202-326-4040

during normal business hours. (TTY and

TDD users may call the Federal relay

service toll-free at 1-800-877-8339 and

ask to be connected to 202-326-4040.)

PBGC's regulation on Administrative

Appeals may be accessed on PBGC's

Web site at http://www.pbgc.gov. FORFURTHERINFORMATIONCONTACT

Catherine B. Klion, Manager, or Donald

McCabe, Attorney, Regulatory and

Policy Division, Legislative and

Regulatory Department, Pension Benefit

Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005-4026, 202-

326-4024. (For TTY and TDD, call 800-

877-8339 and request connection to

202-326-4024). SUPPLEMENTARYINFORMATION

PBGC's regulation on Rules for Administrative

Review of Agency Decisions (29 CFR

part 4003) prescribes rules governing

the issuance of initial determinations by

PBGC and the procedures for requesting

and obtaining administrative review of

initial determinations. Certain types of

initial determinations are subject to

administrative appeals, which are VerDate Nov<24>2008 15:02 Dec 08, 2009Jkt 220001PO 00000Frm 00080Fmt 4703Sfmt 4703E:\FR\FM\09DEN1.SGM09DEN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES