ML20195H800

Notice of Final Rule Amending Regulations to Give Licensees of Light Water Nuclear Power Reactors Greater Flexibility in Meeting Requirement That Licensee Authorized to Possess More than Small Amount of SNM

ML20195H800
Person / Time
Issue date:	11/12/1998
From:	NRC
To:
References
FRN-63FR63127, RULE-PR-50, RULE-PR-70 NUDOCS 9811240109
Download: ML20195H800 (7)

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63127 Rules and Regulations rea e r Vol. 63, No. 218 Thursday, November 12, 1998 TNs section of the FEDER AL REGISTER comply with certain requirements that to address public comments and to contains regulatory documents having general are set forth in a new Section 50.68 in make several editorial clarifications.

applicability and legal effect, most of wh6ch 10 CFR Part 50. The requirements in The analysis of and response to the t.rs keyed to and codified in the Code of Section 50.68 are generally the public comments to the proposed rule Fcderal Reguladons, which is published under requirements that the NRC has used to are set forth below.

50 tttles pursuant to 44 U.S.C.1510.

grant specific exemptions from the IIL Comments on the Proposed Rule The Code of Federal Regulations is sold by requirements of to CFR 70.24. In tha Superintendent of Documents. Prices of addition, the NRC is deleting the current The NRC received comments on the new books are listed in the Erst FEDERAL text of Section 70.24(d) concerning the December 3,1997, proposed rule (62 FR REGISTER tesue of each week. granting of specific exemptions from 63911) from Commonwealth Edison, Section 70.24 because it is redundant to Carolina Power & Light Company, to CFR 70.14(a). Section 70.24(d) is Southern Nuclear Operating Company, NUCLEAR REGULATORY rewritten to provide that the Nuclear Energy Institute, Northern COMM6SSION requirements in paragraphs (a) through States Power Company, Trojan Nuclear _

(c) of 10 CFR 70.24 do not apply to Plant, and Detroit Edison. Copies of the 10 CFR Parts 50 and 70 holders of a construction permit or letters are available for pubhc operating license for a nuclear power inspection and copying for a fee at the RIN 3tSS-AF87 reactor issued under 10 CFR Part 50, or Commission's Public Document Room.

Criticality Accident Hoquirements combined licenses issued under 10 CFR located at 2120 L Street NW. (Lower Part 52, if the holders comply with the Level), Washington, DC. Many of the AGENCY: Nuclear Regulatory requirements of 10 CFR 50.68(b). comment letters suggested editorial type Commission. changes, some of which have been I;. Discussion incorporated into this final rule. The ACTION: Final rule.

On December 3,1997 (62 FR 63825), comments are classified into nine

SUMMARY

The U.S. Nuclear Regulatory eneral comments and are addressed as Commission (NRC)is amendin its the NRC published a direct final rule in foU ws:

the Federal Register that would have regulations to give licensees of ight, Comment 2:The proposed rule provided persons licensed to construct water nuclear power reactors greater should not prohibit licensees from or operate light. water nuclear power lying for exemptions under the flexibility in meeting the requirement reactors with the o tion oieither ossess apfdelines gu of 10 CFR 70.14 and should .

that licensees authorized to meeting fspecial the en,tica ity accident more than a small amount o contain provisions to note that any nuclear material (SNM) maintain a 8xf 8 tin 8 8Pproved exemptions remain criticality monitoring system in each 7O 2 n ha d in sto og as r valid.

area in which the material is handled, SNM, r e;ecting to comp 3y wig Response:Even though the wording of Yt of he x e en e gain in P0 a n 1 a 5 70 24, ch r v es for a y 9 g } 62 8Pplying for exemptions should , good processing and evaluating a number of 63825) and a parallel proposed ru1e (62 cause" exist, is being deleted, licensees exemption re uests from such licensees FR 83911) amending Parts 70 and 50 are not prohibited from applying for and NRC's sa ety assessments in W8r8 Published in the Federal Register such exemptions under the guidelines response to these r uests that n December 3,1907, The statement of concluded that the kelihood of of paragraph (a) of to CFR 70.14, c nsiderations for the direct final rule " Specific Exemptions."

criticality was negligible. and the proposed rule stated that if the standard for issuance of EFFECTIVE DATE:The final rule is significant adverse comments were effective on December 14,1998. exemptions under Section 70.14 is received on the direct final rule, the essentially the same as the " good cause" FOR FURTHER INFORMATION CONTACT: NRC would withdraw the direct final criterion in paragraph (d) of Section O, f Michael T. Jamgochlan, Office of rule and would address the comments 70.24. Therefore, its removal from Nuclear Reactor Regulation, U.S. In a subsequent fmal rule. Significant Section 70.24(d) will not change the Nuclear Regulatory Commission, adverse comments were received from standard for, or otherwise serve to limit Washington. DC 20555-0001; telephone: . the public, and oh February 25,1998, (301) 415-3224; e-mail: mt}1@nrc. gov.

StFPt.EMENTARY INFORMATION:

the NRC published a notice withdrawing the direct final rule and the granting of. exemptions to Sec*lon 70.24.

This rulemaking does not affect the

[/h) revoking the regulatory text. Since the status of exemptions to the requirements I. Background direct final rule had an effective date of of Section 70.24 that were previously The U.S. Nuclear Regulatory February 17,1998, it was necessary for granted by the NRC. A licensee Commission (NRC)is amending its the February 25,1998 notice to revoke currently holding an exemption to regulations to give persons licensed to the regulatory text which became Section 70.24 may continue operation construct or operate light. water nuclear effective on February 17,1998, as well under its existing exemption (including power reactors the option of either as to withdraw the direct final rule. any applicable conditions imposed as meeting the criticality accident With the withdrawal and revocation, the part of the granting of the exemption) rsquirements of paragraph (a) through proposed rule is the only regulatory and its current programs and (c) of to CFR 70.24 in handling and proposal remaining. The NRC has commitments without any further storage areas for SNM, or electing to determined to modify the proposottrule action. Alternatively, a licensee 9811240109 981112 >

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83128 Federal Register /Vol. 63, No. 218/ Thursday, NovImber 12,1998/ Rules and Regul tions construction permit or a combined currently holding exemptions to Section approved enrichment extension can be operatinglicense) the option of 70.24 may elect to comply with the new readily handled by modifying this complying with Section 70.24 (a) altamative provided under Section criterion. through (c), or complying with the Comment 5. Replace "may not 50.68(b), but if it does so,its exemption requirements in 10 CFR Section 50.68.

would be inapplicable and would not permit" with "shall prohibit the" in This paragraph is the correspond!ng serve as a basis for avoiding compilance Criterion (1). provision to Sectior 50.68(a).

Response:The NRC agrees and has Paragraph (d)(2) clarifles that the with the criteria listed in Section used the phrase suggested by the 50.68(b). A licensee whose exemption status of exemptions to the requirements commenters, of Section 70.24 that were previously was issued as part ofits operating Comment 6. Use of " pure water" and granted by the NRC continue unaffected license conditions imposed and whose as part ofexemption the contained "unborated water" should be consistent. by this rulemaking. A Response:ne NRC agrees. The final holding an exemption to Section 70.24 granting of the exemption, need not apply for a license amendment to delete rule uses the term Commgnt 7. Criteria (2) and (3)

"unborated may water " operation under its continue the exemption conditions as a existing exemption (including any p uisite for complying with Section should not be applicable if the licensee applicable conditions imposed as part of 50.68 ), does not use the fresh fuel storage racks, the grant of the exemption) and its Comment 2:For many BWRs, Response:The NRC agrees and has I added the following provision to 10 CFR current programs and commitments without any further action.

optimum moderation calculations are not performed for the fresh fuel storage 50.68 (b)(2) and (b)(3): "This evaluation A license that seeks an exemption racks because administrative controls need not be performed if administrative from the requirements of Section 70.24 controls and/or design features prevent must meet the criteria for an exemption are in place to preclude these such moderation or if fresh fuel storage under Section 70.14. no standard for conditions. In accordance with vendor recommendations, compensatory racks are not used." issuance of exemptions remains Comment 8.The meaning of unchanged from the old rule, since the measures have been established to preclude an optimum moderation " transportation" in criterion (1) is Commission regards the former " good condition in the fresh fuel storage racks. unclear. cause" criterion under the previous The rule should contain a provision that Response:The NRC agrees and has version of Section 70.24(d) as being exempts this requirement if adequate deleted the term. essentially the same as the standard for Comment 9. The phrase " maximum issuance of exemptions under Paragraph controls have been established to preclude an optimum moderation permissible U-235 enrichment"in 70.14.

Criteria (2), (3), and (4) should be condition. rase " maximum fuel V. Metric Policy

"

• b th on o O CFR amy On October 7,1992, the Commission ad e the I g to Res onse:The NitC agrees and has 50.68(b)(3): "This evaluation need not published its final Policy Statement on be performed if administrative control used e phrase suggested by the Metrication. According to that policy, and/or design features prevent such commenter' after January 7,1993, all new moderation, or if fresh fuel storage racks IV.Section-by-Section Analysis regulations and major amendments to are not used." existing regulations were to be Comment 3.The rule should 10 CFR 50.68 presented in dual units.The new eliminate the reforence to General Paragraph (a) of Section 50.68 allows addition and amendment to the Design Criterion 63 (GDC 63) and a nuclear power plant licensee regulations contain no units.

should describe the underlying (including a holder of either a VI. Finding of No Significant construction permit or a combined EnvironmentalImpact monitoring re1ufrements. Response:T e reference to CDC operating license) the option of 63 was initially incorporated to ensure that complying with Section 70.24 (a) National The NRC has determined under the licansees receiving an exemption to 10 Environmental Policy Act of through (c), or complying with the 1969, as amended, and the CFR 70.24 would not erroneously view the exemption as the basis for removing requirements in paragraph (b) of Section Commission's regulations in Subpart A 50.68. The corresponding of toinCFR Part 51, that this rule, would from the spent fuel pool area radiation Section 70.24 is paragraph d). p(rovision not be a major Federal action monitors that were installed to meet Paragraph (b) sets forth eight specific significantly affecting the quality of the other monitorin8 requirements, such as requirements which a licensee must human environment; and therefore, an those contained in 10 CFR 20.1501 and comply with so long as it chooses under environmental impact statement is not GDC these other 63,monitoring his rulerequirements; change dc es not affect the provisions trements of of Section 50.68 to avoid required. The final rule therefore, referencing GDC 63 has been compliance with the alternative to existing requirements on Section 70.24 (a) throu (c).

deleted. criticality monitoring. The alternative A licensee currently olding an Comment 4. Placing a limit on method contained in the final rule in enrichment offers no direct safety exemption to Section 70.24 may elect to the new Section 50.68 represents a comply with the new alternative codification of the criteria currently benefit and should not be included.

Response:The NRC disagrees withdoes the so,its provided under Section 50.6a, exemption to Section 70.24 but usedif by it the NRC for granting comment.The maximum allowable exemptions from the criticality is inapplicable to, and would not serve nominal enrichment of reactor fuelis currently limited to 5-weight percent on as a basis for avoiding 70.24(a).compliance withanmonitoring These criteria provide requirem the basis of possible criticality concems the eight criteria in Section 50.68(b). acceptable alternative for assuring that even in a dry environment, as well as 10 CFR 70.24 there are no inadvertent criticality currently approved extensions to 10 events of special nuclear material at Paragraph (d)(1) of Section 70.24 CFR 51.52 based on an environmental allows a nuclear power plant licensee nuclear power reactors, which is the impact study for enrichments higher (including a holder of either a purpose of the criticality monitoring than 5 weight percent. Any future l

Federal Register /Vol. 63. No. 210/Thursa:y, Nov2mber 12,1998/ Rules r_nd Regulati:ns 63129 requirements in Section 70.24(a). response to these requests which Information and Regulatory Affairs, Experience over 15 years has concluded that the likelihood of Office of Management and Budget.

demonstrated that the alternative criticality was negli ible, criteria have been effective in The only other viable option to this I.ist fSubjects preventing inadvertent criticality amendment is for the NRC to meko no 20 CFR Part 50 l events, and the NRC concludes that as changes and allow the licensees to a matter of regulatory efficiency, there is continue requesting exemptions. If no Antitrust, Classified information, ,

no purpose to requiring licensees to changes are made, the licensees will Criminal penalties, Fire protection, I apply for and obtain exemptions from continue to incur the costs of submitting Intergovernmental relations, Nuclear requirements of Section 70.24(a)if they exemptions and NRC willincur the power plants and reactors, Radiation adhere to the altemative criteria in the costs of reviewing them. Under this protection, Reactor siting criteria, new Section 50.68. Since the alternative rule, an easing of the burden on Reporting and recordkeeping contained in Section 50.68 provides an licensees results from not having to requirements.

equally effective method for preventing request exemptions. Similarly, the 20 CFR Part 70 inadvertent criticality events in nuclear NRC's burden will be reduced by power plants, the NRC concludes that avoiding the need to review and Criminal penalties, Hazardous . .

the final rule will not have any evaluate these exemption requests. materials transportation, Material significant impact on the quality of the This rule is not a mandatory control and scemnting, Nuclear human environment. Therefore, an requimment, but an easing of burden materials, Packaging and containers, environmental impact statement has not action which results in regulatory Radiation protection, Reporting and been prepared for this regulation. This efficiency. Also, the rule does not recordkeeping requirements, Scientific discussion constitutes the impose any additional costs on existing equipment, Security measures, Special environmental assessment for this licensees and has no negative impact on nuclear material.

miemaking. Public health and safety,but will provide savings to future licensees, and For the reasons stated in the preamble VIL Paperwork Reduction Act rnay provide some reduction in burden and under the authority of the Atomic l Statement to current licensees whase current Energy Act of 1954, as amended, the This final rule does not contain a new exemption includes conditions which Energy Reorganization Act of 1974, as or amended Information collection are more restrictive than the amended, the National Environmental requirement subject to the Paperwork requirements in Section 50.68. There Policy Act of 1969, as amended, and 5 Reduction Act of 1995 (44 U.S.C. 3501 will also be savings in resources to the U.S.C. 553, the NRC is adopting the et seq.). Existing requirements were NRC as well. Hence, the rule is shown following amendments to 10 CFR Parts approved by the Office of Management to be cost beneficial. 50 and 70:

and Budget, approval numbers 3150-- The foregoing constitutes the 0009 and 3150-0011. regulatory analysis for this final rule. PART 50-DOMESTIC UCENSING OF PRODUCTION AND UTluZATION VIII. Public Protection Notification X. Regulatory Flexibility Certification FACluTIES If an infonnation collection does not In accordance with the Regulatory display a currently valid OMB control Flexibility Act of 1980,5 U.S.C. 605(b), The authority citation for to CFR part number, the NRC may not conduct or the NRC hereby certifies that this rule, $0 ccitinues to read as follows:

sponsor, and a person is not required to if adopted, will not have a significant 1. Authority: Secs. 102,103,104,105,1st, respond to, the information collection. economic impact on a substantial 182,1s3, t ee,189, sa Stat. 938,937,93s, IX. Regulatory Analysis number of small entities. This rule 948,953,954,955,956,as amended, sec.

affects only the licensees of nuclear 234,83 Stat. 444, as. amended (42 U.S.C The current structure of the current to power plants. These licensee companies 2132,2133,2134,2135,2201,2232,2233, CFR 70.24 is overly broad and places a that are dominant in their service areas, 2236,2239,22s2); secs. 201, as amended, burden on a licensee to identify those do not fall within the scope of the 202,20s, es Stat.1242, as amended 1244, areas or operations at its facility where def nition of "small entitles" set forth in 1248,(42 U.S.C 5841,5842,5s48).

the requirements are unnecessary, and the Regulatory Flexibility Act 5 U.S.C.

to request an exemption if the licensee Section 50.7 also issued under Pub. L 95-601, or the size standards adopted by has sufficient reason to be relieved from the NRC (10 CFR 2.810). 601'.sec.10,92 Pub L 102-486, sec. Stat. 2951, 2002, los Stat. as amended 3123, by as I d n a ka nu r of XI, Backfit Analysis (42 U.S.C 5851). Section sato also issued

""d* * ' '

exemption requests. The NRC has determined that this ,nd 1S 2 31 3s) 102, To relieve the burden on power rule does notJmpose a backfit as Pub. L 91-190,83 Stat. 853 (42 U.S.C 4332),

reactor licensees of applying for, and the defined in 10 CFR 50.109(a)(1), since it Sections 50.13,50.54(dd), and 50.103 also burden on the NRC of granting provides an alternative to existing issued under sec.108,68 Stat. 939, as exemptions, this amendment permits requirements on criticality monitoring. amended (42 U.S.c 2138). Sections 50.23, power reactor facilities with nominal Accordingly, the NRC has not prepared 50.35,50.55, and 50.58 also issued under sec.

fuel enrichments no greater than 5- a backfit analysis for this rule. 185,68 Stat. 955 (42 U.S.C 2235). Sections I weight percent of U-235 to be excluded 50.33a. 50.55a and Appendix Q also issued from the scope of 10 CFR 70.24, XII. Small Business Regulatory under sec.102, Pub. L 91-190, a3 Stat. e53 provided they meet specific Enforcement Fairness Act (42 U.S.C 43321. Sections 50.34 and 50.54 requlrements being added to 10 CFR in accordance with the Small also issued under rec. 204, as Stat.1245 (42 Part 50. This amendment is a result of Business Regulatory Enforcement U.S.C. 5844). Sections 50.58, 50.91, and the experience gained in processing and Falmess Act of 1996, the NRC has 50.92 also issued under Pub. L 97-415,98 evaluating a number of exemption determined that this action is not a Stat. 2073 (42 U.S.C 2239). Section 50.7s requests from power reactor licensees " major rule" and has verified this a!so issued under sec.122,88 Stat. 939 (42 and NRC's safety assessments in determination with the Office of U.S.C 2152). Sections 50.80 and 50.s1 i

. _ _ - _ _ _ _ _ _ _ _ _ _ _ A

853130 Federal Register /V: 1, 63, No. 218/Ti tursday, November 12,1998/ Rules tnd Regulations assembly reactivity must not exceed comply with requirements of paragraph niso issued under sec.1st, as stat. 954, as (b) of 10 CFR 50.68 does not exempt tnat amended (42 U.S.C 2234). Appendix F also 0.95, at a 95 percent probability,95 issued under sec, isr, se stat. 955 (42 US.C pen:ent confidence level,if flooded with licensee from complying with any of the '

borated water, and the k-effective must requirements in 5 50.68, but shallbe 2237). ineffective so long as the licensee elects remain below 1.0 (subcritical), at a 95 2.Section 50.68 is added under the to comply with $ 50.88.

conter heading " Issuance, Limitations, percent probability,95 permot cxmfldencelevel,if flooded with Dared at Rockville, Maryland this 2sth day and Conditions of Lica.nees en 1 of October,190s.

Construction Permits" to reed as unborated water.

(5)We quantity of SNM, other than For the Nuclear NM f'"==66 follows nuclear fuel stored onsite, is less than W388" E T8*5 S90se CemesmyeseMemgalmmema. the quantity nar==aary for a cr'.tical Execumeanwesorforoperedans.

(a)1:ach holder of a cxmstruction m esa. ded in (Fit Doc, Os-30253 Ftied 11-10-es; a:45 aml permit or operating license for a nuclear (6) Radiation monitors are go mactorissued under this part or storage and maaartated amas suas ocea -

a cc. med license for a nuelaar power when fuel is present to detect excwaive -

reactor issued under Part 52 of this radiationlevels and toinitiate ~~

chaptar,shallcomply with either to ap(propriate safety actions.7) The mavimum nominal U-235 CPR 70.24 of this chapter or the nquinmentsin paragraph (b) of this enrichment of the fmah fuel maammhHan section.

1s L,nited to Sve (5.0) perant by weight.

t (b) Each licensee shall comply with (8)The PSARis amended nolater the following requirements in lieu of than the next update whica S 50.71(e) of maintaining a monitoring system this part requires, indicating that the capable of detecting a criticality as licensee has chosen to comply with describedin 10 CFR 70.24: $ 50.68(b).

(t) Plant procedures shah prohibit the handling and storage at any one time of PART 70-DOMESTIC LICENSING DF more fuel assemblies than have been SPECIAL NUCLEAR MATERIAL determinsd to be safely subcritical ne authority citation for 10 CFR part under the most adverse moderation 70 continues to read as follows:

conditions feasible by unborated water. 1. Authorityi secs. 51,53,1st,182,1$3, (2)The estimated ratio of neutron as stat. 929,930,94s 953,954, as amended, prohetion to neutron absorption and sec. 234, as sm 444, as amended, sec.1701, leakage (k-effective) of the fresh fuelin 1os Sn 2nt,2952,2953 (42 ns.C 2071, the fresh fuel storage racks shallbe 2073,2201,2232,2133,22s2,22970: secs.

calculated assuming the racks are 201, as amended. 202,204, zoa, as stat.

lor.ded with fuel of the maximum fuel 1242, as amended.1244,1245,1246,(42 l assembly reactivity and flooded whh US.C 5841,5s42,5845,5s46).

unboirated water and must not exceed sections 70.t(c) and 7o.20a(b) also issued f 0.95, at a 95 percent probability,95 under secs.135, t41, Pub. L 97-425,95 stat.

2232,2241 (42 U.S.C 10155, t01stl. section percent confidence level.This evaluation need not be performed if 70.7 also issued under Pub. L 95-6o1, soc.

administrative controls and/or design to,92 stat. 2951(42 US.C 5s51) section features prevant such flooding or if fresh 70.21(g) also 1: sued under sec.122,es stat.

939 (42 U.S.C 2152). Section 70.51 also fuel rac'r are not used. luned under sec,57d, Pub. I 93-377, sa (3)If um moderation of fresh Stat. 475 (42 US.C 2077). Sections 7o.36 and fuelin fresh fuel storage racks d d 4 occurs when the rocks are assumed ,, to be 7",'jN2 u$C 2$ , a stat.954, loaded with fuel of the maximum fuel section 7o.st also issued under secs. tas, assembly reactivity and filled with low- t87, se stat. 955 (42 U.S.C 2236,2237).

density hydrogenous fluid,the k- Section 70.s2 also larued under sec.10s, as effective corresponding to tida optimum stat. 939,as amended (42 US.C 21381 moderation must not exceed 0.98, at a 2. In S 70.24, paragraph (d) is revised 95 percent probability,95 percent to read as foHows-confidence level.' Ibis evaluation need f 70.24 crmosmy seement c m notbeperformedif administrative * *

• r a controls and/or design features prevent such moderation or if fresh fuel storage (d)(1) The requirements in paragraphs (a) through(c) of this section do not rocks are not used.

apply to a holder of a construction (4)If no credit for soluble boron is taken,the k-effective of the spent fuel permit or operating license for a nuclear storage racks loaded wa fuel of the power reactorissued under part 50 of maximum fuel nasombly reactivity must this chapter or a cornbined license not exceed 0.95, at a 95 percent issued under part 52 of this chapter, if probability,95 percent confidence level, the holder complies with the lf flooded with unborated water.If requirements of par graph (b) of to CFR credit is taken for toluble boron, the k- 50.08.

effective of the spent fuel storage racks (2) An exemption from 9 70.24 held loaded with fuel of the maximum fuel by a licensee who thereafter el 'ts to o

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