ML23151A706

PR-070,074 - 54FR06876 - Centralization of Material Control and Accounting Licensing and Inspection Activities for Non-Reactor Facilities

ML23151A706
Person / Time
Issue date:	02/15/1989
From:	Stello V NRC/EDO
To:
References
54FR06876, PR-070, PR-074
Download: ML23151A706 (1)

Text

ADA MS Template: SECY-067

DOCUMENT DATE: 02/15/1989

TITLE: PR-070,074 - 54FR06876 - CENTRALIZATION OF MATERIAL CONTROL AND ACCOUNTING LICENSING AND INSPECTION ACTIVITIES FOR NON-REACTOR FACILITIES

CASE

REFERENCE:

PR-070,074

54FR06876

KEYWORD: RULEMAKING COMMEN T S

Document Sensitivity: Non-sensitive - SUNSI Review Complete STATUS OF RULEMAICING PROPOSED RULE: PR-070 1 074 OPEN ITEM (Y/N) N RULE NAME: CENTRALIZATION OF MATERIAL CONTROL AND ACCOUNTING LICENSING AND INSPECTION ACTIVITIES FOR NON-REACTO R FACILITIES PROPOSED RULE FED REG CITE: 54FR06876

PROPOSED RULE PUBLICATION DATE: 02/15/89 NUMBER OF COMMENTS: 0

ORIGINAL DATE FOR COMMENTS: I I EXTENSION DATE: I I

FINAL RULE FED. REG. CITE: 54FR06876 FINAL RULE PUBLICATION DATE: 02/15/89

NOTES ON COMMISSION DID NOT OBJECT TO CENTRALIZATION PLAN (COMLZ 88-34). ED STATUS O SIGNED FINAL RULE ON 2/3/89. EFFECTIVE 2/15/89. ONLY ONE FEDERAL OF RULE REGISTER PUBLICATION. FILE LOCATED ON Pl.

TO FIND THE STAFF CONTACT OR VIEW THE RULEMAKING HISTORY PRESS PAGE DOWN KEY

HISTORY OF THE RULE

PART AFFECTED: PR-070 1 074

RULE TITLE: CENTRALIZATION OF MATERIAL CONTROL AND ACCOUNTING LICENSING AND INSPECTION ACTIVITIES FOR NON-REACTO R FACILITIES

.OPOSED RULE PROPOSED RULE DATE PROPOSED RULE SECY PAPER: SRM DATE: I I SIGNED BY SECRETARY: 02/03/89

FINAL RULE FINAL RULE DATE FINAL RULE SECY PAPER: SRM DATE: I I SIGNED BY SECRETARY: 10/23/91

STAFF CONTACTS ON THE RULE

CONTACTl: STANLEY DOLINS MAIL STOP: NLS 129 PHONE: 492-3745 CONTACT2: PRISCILLA DWYER MAIL STOP: 4 E4 PHONE: 492-0478 DOCKET NUMBER PR 1 O ~ 1/

PROPOSED RULE -- ' 1 )

• C s-4 r R (; ~1 '° NUCLEAR REGULATORY COMMISSION 10 CFR Parts 70 and 74

~ ntralization of Material Control and Accounting Li Inspection Activities for Hon-Reactor Facilities

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Connission (NRC) is amending its regulations to reflect a management action to centralize material control and accounting

{MC&A) 11,.censin,g a.. t1d* inspectfon activities in NRC Headquarters, Rockville, y,

Mary1, *nd, for non-reactor facilities. Effective February 15, 1989 for affected facilities located in Regions I, III, and V, MC&A licensing reviews required by 10 CFR 70.32(c) and inspections will be performed by the Domestic Safeguards and Regional Oversight Branch, Division of Safeguards and Transportation, Office of Nuclear Material Safety and Safeguards. The performance of these activities for facilities located in Region II will remain in Region II until further notice by the CoDlllission. This action is necessary because the small number of affected facilities in each region cannot support the full spectrum of knowledge, skills, and disciplines needed to conduct MC&A inspections.

EFFECTIVE DATE: February 15, 1989.

FOR FURTHER INFORMATION CONTACT: Dr. Stanley L. Dolins, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory CoRITlission, Washington, DC 20555 Telephone (301) 492-3745 or Priscilla A. Dwyer, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Conmission, Washington, DC 20555 Telephone (301) 492-0478. fµ/;JJ~'eJ

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u. S. N UCLfAR REGU! A TOR Y CO M MISSIO N DO G'ETll'*JG & SEllVI CE SE CT ION oc,.1c OF TW SECRETARY.

OF THE COM/I/ tS.:ION

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Add' I CoJ:11 s Reproduced i _..,_ ___ _

Sp iel I Distribution Pµ'tc P,,,1 l:J S

.b u], 11 r SUPPLEMENTARY INFORMATION:

Background

On December 22, 1988, the Executive Director ror Operations approved, with the concurrence of the Chainnan, a phased centralization in NRC Headquarters, Rockville, Maryland, of MC&A activities for non-reactor facilities.

Affected are those non-reactor facilities required to maintain an MC&A program.

Nationwide, there are, at the present time, sixteen non-reactor facilities required to maintain MC&A programs and which are subject to MC&A inspections (10 fuel cycle and 6 others}. Transfer of these licensing and inspection activities from Regions I, III, and V to the Domestic Safe~uards and Regional Oversight Branch, Division of Safeguards and Transportation, Office of Nuclear Material Safety and Safeguards is effective February 15, 1989 while the Region

Il MC&A inspection program and 10 CFR 70.32(c) licensing rev_iews will be phased into Headquarters through Region II staff attrition or ove! a two-year period,

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whichever occurs first. Region IV has no affected facilities. - :,. - '

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.,. This centralizat1on for these.fu,ictions is.needed b~_cao~e-*t~e. relatively

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sma 11 annua 1 work load requ frements for the NRC 1 n the majori iy of Reg ions foreclose the possibility of ma1~ta.1nfng wft:h1n each Region~~ *f~ll -. ". -.... - ', ~.. ~,. --~ >~ ~~~*~~:~ :, -~.. ' :spectrum of * *..

the knowledge, skills, and*discfplines needed to perform Mc&A inspections... ~ -. ~ ~, -

Centra 11zation 1n 'NRC Headqua~ters *wi 11 as~ure the mainte~~n~~_:fcif a v~ab ',, 1~ and adequate nationwide MC&A inspection program for non-reactor facilities.

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These revisions, necessitated by the centralization, are administrative in nature. They change the NRC recipient office point of contact for licensee reports, and conform the regulation to track the responsibilities now assigned to the Director, Office of Nuclear Material Safety and Safeguards.

Because these are amendments dealing with minor matters of agency management and personnel,' the notice and coment provisions of the Administrative Procedure Act do not apply pursuant to 5 U.S.C 553(b)(A}. These amendments are effective upon publication in the Federal Register. Good cause exists to dispense with the usual 30-day delay in the effective date because the amendments are of a minor and administrative nature dealing with the centralization to Headquarters of licensing and inspection activities formerly conducted in the NRC Regional Offices.

Enviro1111ental Impact: Categorical Exclusion

The NRC has determined that this final rule is the type of action**

described in categorical exclusion 10 CFR 51.22(c)(2). Therefore, neither**

an envfromnental - '., ' ', ~ - ~ jmpact statement nor an environmental assessment has been prepared for this final rule.

Paperwork Reduction Act Statement

This final rule does not contain a new or amended 1nfonnatfon collection*

requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Manage11ent and Budget approval numbers 3i50 - 0009 and 3150 - 0123.

Backfft Analysis The backfft rule, 10 CFR 50.109, does not apply to the facilities subject to this final rulemaking. Therefore, no backf1t analysis has been prepared.

List of Subjects in 10 CFR Part 70: Hazardous materials - transportation, Nuclear materials, Packaging -

and containers, Penalty, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material.

Part 74: Accounting, Hazardous materials - transportation, Material control and accounting, Nuclear ~aterials, Packaging and containers, Penalty, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, 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. 552 and 553, the NRC is adopting the following amendments to 10 CFR Parts 70 and 74.

PART 70 - Domestic Licensing of Special Nuclear Material*

1. The authority citation for Part 70 continues to read in part as follQWs:

AUTHORITY: Sec. 161, 68 Stat. 948, as amended {42 u.s~c. 2201); sec. 201, 88 Stat. 1242, as amended (42 u.s.c. 5841)...

2. In §70.5, paragraph (b)(l) (vi) is added to read as follows:

§70.5 Conmunfcations.

(b) * * *

(1) * * *

(vi) Reviews pursuant to §70.32(c).

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3. In §70.32, the introductory text of paragraph (c)(2) and paragraph (c)(3) are revised to read as follows:

§70.32 Conditions of licenses.

(c) * * *

(2) T~e licensee ~hall maintain records of changes to the material control and accounting program made without prior Connission approval for a period of five years from. the date of the change. Licensees located in Regions

• 1, III, IV, and Vas indicated in Appendix A of Part 73 of this chapter, shall furnish to the Director, Office of Nuclear Material Safety and Safeguards, U.S.

Nuclear Regulatory Commfssfon, Washington, DC 20555, a report containing a description of each change within:

(3) Licensees located within Region II, as indicated in Appendix A of Part 73 of this chapter, shall 11eet the provisions of paragraph (c)(2) of thfs section except that, until further notice by the CoR1Uission, these licensees shall furnish th~ ~ufn!d report to the Regional Administrator, U.S. Nuclear Regulatory Comfssfon, 101 Marietta Street NW, Suite 29001 Atlanta, Georgia 30323 with a copy* - * --/£* * -to the_D1rector, Office of Nu~lear Materia~ Safety and Safeguards, U.S~ Nuclear Regulatory CoD1111ssion, Washington, DC 20555.

4. In §~0.55, paragraph (c)(3) 1s revised to read as follows:

§70.55 Inspections.

(c) * *

• 5 (3) The licensee shall afford any NRC resident inspector assigned to that site or other NRC inspectors identified by the Regional Administrator or the Director, Office of Nuclear Material Safety and* Safeguards, as likely to inspect the facility, immediate unfettered access, equivalent to access provided regular plant employees, following proper identification and compliance with applicable access control measures for security, radiological protection, and personal safety.

PART 74 - Material Control and Accounting of Special Nuclear Material

5. The authority citation for Part 74 continues to read in part as follows:

AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201}; sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

6. In §74.13, the introductory text of paragraph (b) is revised to read as follows:

§74.13 Material status reports.

(b} Each licensee subject to the requirements of §70.Sl{e) of this chapter;sh*11 s~bmit a report, in accordance -. ~._... ~ '. with paragrap~ (b){l) or (b){2) of this* secti.on, to the Director, Office of Nuclear.Material Safety and.

Safeguards, U.S. Nuclear Regulatory Connission, Washington,* DC 20555, except licensees located* in Region II, as indicated 1n Appendix A of Part 73.of this chapter, shall submit their report to the Region II Regional Office until further notice by the**co11111ission, within 30 calendar days after the start of each ending physical inventory required by §70.51(e)(3).

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7. In §74.17, paragraphs (a) and (b) are revised to read as follows:

§74.17 Special nuclear material physical inventory summary report.

(a) Each licensee subject to the requirements of §74.31 shall submit a completed Special Nuclear Material Physical Inventory Sunnary Report on NRC Form 327 not later than 60 calendar days from the start of the physical inventory required by §74.3l(c)(5) of this chapter. The licensee shall report the inventory results by plant and total facility to the Director, Office of Nuc1ear Material Safety and Safeguards, U.S. Nuclear Regulatory Conmissfon, Washington, DC 20555, except licensees located fn Region II as indicated in Appendix A to Part 73 of this chapter shall submit their report to the Region II Regional Office until further notice by the Comissfon.

(b) Each licensee subject to the requirements of §70.Sl(e) of this chapter shall submit a completed Special Nuclear Material Physical Inventory Su1TR111ry Report on NRC Form 327 not later than 30 ealendar days from the start of the physical inventory required by §70.51{e)(3) of this chapter. The licensee shall report the inventory results by plant and total facility to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory

. Commission, Washington, DC 20555; except licensees located... tn R~gion I_I as

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indicated in Appendix A to Part 73 of this chapter shall submit their report to. the Region II Regional Office unt11 further notice by the Commission.

8. In §74.57, the introductory text of paragraph (c) and paragraph (f)(2) are revised to read as follows:

§74.57 Alar11 resolution.

7 (c) Each licensee 'shall notify th~ Domestic Safeguards and Regional Oversight Branch of the Division of Safeguards and Transportation, Office of Nuclear Material Safety and Safeguards by telephone on (301) 492-0352. except licensees located in Region II as indicated in Appendix~ to Part 73 of this chapter shall notify the Region II Regional Office until further notice by the Co11111ission, of any MC&A alarm that remains unresolved b~y~~d the time period specified for its resolution in the licensee's fundamental nuclear material control plan. Notification must occur within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> except when a holiday or weekend intervenes in which' case the notification must occur on the next scheduled workday. The licensee may consider an alarm to be resolved if:

{f) * * *

(2) Within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, the licensee shall notify the.Domestic Safeguards and Regional Oversight Branch of the Division of Safegu~rds and :Tr~n~portatfon~

Office of Nuclear Material Safety and Safeguards, except licensees locat~d in Region II, as indicated 1n Appendix A to Part 73 of this chapt~r sha}l, *u~til further notice by the COD1111ssion, notify the Rt!gion II Regional Office by*

telephone that an MC&A a. ' ' ' '~ ' ' ltu-m resolution procedure has been*. initiated.. ~*..

9. In §74.59, paragraph (f)(1)(111) 1s r~v1sed to :r~ad as foll~s*: _

§74.59 Quality assurance and accounting requirements *.

{f) * * *

(1) * *

• 8 fJ

(111) Investigate and report to the Domestic Safeguards and Regional Oversight Branch of the Division of Safeguards and Transportation, Office of Nuclear Material Safety and Safeguards, except licensees located in Region II, as indicated 1n Appendix A to Part 73 of this chapter, shall notify the Region II Regional Office until further notice by the Commission, of any difference that exceeds three times the standard deviation determined from the sequential analysis:

10. In §74.81, paragraph (c)(3) 1s revised to read as follows:

§74.81 Inspections.

(c) * * *

(3) The licensee shall afford any NRC resident inspector assigned to their site, or other NRC inspectors identified by the Regional Administrator or Director of the Office of Nuclear Material Safety and Safeguards as likely to inspect the facility, i1m1ediate unfettered access, equivalent to access provided regular plant employees, following proper identification and compliance with applicable access control measures for security, radiological protection, and_personal safety.

Dated at Rockville, Maryland this ~J dey of~ 1989.

For the Nuclear Regulatory Conn1ss1on.

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