ML15079A333
| ML15079A333 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 03/20/2015 |
| From: | Lindell J NRC/OGC |
| To: | Gary Arnold, Hirons T, Ronald Spritzer Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-255-LA, ASLBP 15-936-03-LA-BD01, RAS 27402 | |
| Download: ML15079A333 (6) | |
Text
March 20, 2015 In the Matter of ENTERGY NUCLEAR OPERATIONS, INC. (Palisades Nuclear Plant)
Docket No. 50-255-LA
Dear Administrative Judges:
The NRC Staff wishes to inform the Board that on March 6 th, 2015, it issued two draft regulatory guidance documents for public comment: (1) Draft regulatory guide (DG), DG-1299, Regulatory Guidance on the Alternate Pressurized Thermal Shock Rule, and (2) Draft NUREG-2163, Technical Basis for Regulatory Guidance on the Alternate Pressurized Thermal Shock Rule. DG-1299 provides guidance for a method that the NRC Staff considers acceptable to permit use of the alternate fracture toughness requirements in 10 C.F.R. § 50.61a for protection against pressurized thermal shock events for pressurized water reactor (PWR) reactor pressure vessels. The draft NUREG provides the technical basis for DG-1299.
The Federal Register notice announcing the issuance of these documents, "Draft Guidance Regarding the Alternate Pressurized Thermal Shock Rule," 80 Fed. Reg. 13,449 (Mar. 13, 2015), is attached. DG-1299 can be found in the Agencywide Documents and Access Management System (ADAMS) at Access ion No. ML14056A011. NUREG-2163 can be found in ADAMS at Accession No. ML15058A677.
Respectfully submitted,
/Signed (electronically) by/
Joseph A. Lindell Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel UNITED STATESNUCLEAR REGULATORY COMMISSIONWASHINGTON, DC 20555 - 0001 Administrative Judge Ronald M. Spritzer, Chair Atomic Safety and Licensing Board Panel
Mail Stop: T-3F23 Washington, DC 20555-001 Administrative Judge Dr. Gary S. Arnold Atomic Safety and Licensing Board Panel
Mail Stop: T-3F23 Washington, DC 20555-0001 Administrative Judge
Dr. Thomas J. Hirons Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Washington, DC 20555-0001
Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1474 E-mail: joseph.lindell@nrc.gov Date of signature: March 20, 2015
Enclosure:
As stated
Cc w/Encl.: EIE 13449 Federal Register/Vol. 80, No. 49/Friday, March 13, 2015/Notices Submittal server for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an NRC-
issued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
Information about applying for a digital ID certificate is available on the
NRC's public Web site at http://
www.nrc.gov/site-help/e-submittals/
getting-started.html.
System requirements for accessing the E-
Submittal server are detailed in the
NRC's Guidance for Electronic
Submission, which is available on the
agency's public Web site at http://
www.nrc.gov/site-help/e-
submittals.html.
Participants may attempt to use other software not listed
on the Web site, but should note that the
NRC's E-Filing system does not support
unlisted software, and the NRC Meta
System Help Desk will not be able to
offer assistance in using unlisted
software.
If a participant is electronically submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC's online, Web-based
submission form. In order to serve
documents through the Electronic
Information Exchange System, users
will be required to install a Web
browser plug-in from the NRC's Web
site. Further information on the Web-
based submission form, including the
installation of the Web browser plug-in, is available on the NRC's public Web
site at http://www.nrc.gov/site-help/e-
submittals.html.
Once a participant has obtained a digital ID certificate and a docket has
been created, the participant can then
submit a request for hearing or petition
for leave to intervene. Submissions
should be in Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC's public Web site
at http://www.nrc.gov/site-help/e-submittals.html.
A filing is considered complete at the time the documents are
submitted through the NRC's E-Filing system. To be timely, an electronic
filing must be submitted to the E-Filing
system no later than 11:59 p.m. Eastern
Time on the due date. Upon receipt of
a transmission, the E-Filing system
time-stamps the document and sends
the submitter an email notice
confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access to the document to the NRC's Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore, applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-Filing system
may seek assistance by contacting the
NRC Meta System Help Desk through
the Contact Us link located on the
NRC's public Web site at http://
www.nrc.gov/site-help/e-
submittals.html, by email to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The NRC
Meta System Help Desk is available
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing requesting authorization to
continue to submit documents in paper
format. Such filings must be submitted
by: (1) First class mail addressed to the
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-
0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited delivery
service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by first-
class mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service. A presiding
officer, having granted an exemption request from using E-Filing, may require
a participant or party to use E-Filing if
the presiding officer subsequently
determines that the reason for granting
the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory proceedings will appear in the NRC's
electronic hearing docket which is
available to the public at http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the Commission, or the presiding officer. Participants are
requested not to include personal
privacy information, such as social security numbers, home addresses, or
home phone numbers in their filings, unless an NRC regulation or other law
requires submission of such
information. However, a request to
intervene will require including
information on local residence in order
to demonstrate a proximity assertion of
interest in the proceeding. With respect
to copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application, participants are requested not to include
copyrighted materials in their
submission.
Dated at Arlington, Texas, this 27th day of February 2015.
For the Nuclear Regulatory Commission.
Jack E. Whitten, Chief, Nuclear Materials Safety Branch B, Division of Nuclear Materials Safety, Region
IV Office.
[FR Doc. 2015-05803 Filed 3-12-15; 8:45 am]
BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION RIN 3150-AI01
[NRC-2014-0137]
Draft Guidance Regarding the Alternate Pressurized Thermal Shock
Rule AGENCY: Nuclear Regulatory Commission.
ACTION: Draft regulatory guide; draft NUREG; request for comment.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is issuing for public
comment draft regulatory guide (DG),
DG-1299, Regulatory Guidance on the
Alternate Pressurized Thermal Shock
Rule and accompanying draft NUREG-
2163, Technical Basis for Regulatory
Guidance on the Alternate Pressurized
Thermal Shock Rule. The DG provides
new guidance for a method that the NRC
considers acceptable to permit use of
the alternate fracture toughness
requirements for protection against
pressurized thermal shock (PTS) events
for pressurized water reactor (PWR)
reactor pressure vessels (RPVs). The
draft NUREG provides the technical
basis for DG-1299.
DATES: Submit comments by May 12, 2015. Comments received after this date
will be considered if it is practical to do
so, but the NRC is able to ensure
13450 Federal Register/Vol. 80, No. 49/Friday, March 13, 2015/Notices consideration only for comments received on or before this date.
ADDRESSES: You may submit comments by any of the following methods (unless
this document describes a different
method for submitting comments on a specific subject):
- Federal Rulemaking Web site:
Go to http://www.regulations.gov and search for Docket ID NRC-2014-0137. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301-415-3463;
email: Carol.Gallagher@nrc.gov.
For technical questions, contact the
individuals listed in the FORFURTHER INFORMATIONCONTACT section of this document.
- Mail comments to:
Cindy Bladey, Office of Administration, Mail Stop:
OWFN-12-H08, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001.
For additional direction on obtaining information and submitting comments, see Obtaining Information and
Submitting Comments in the SUPPLEMENTARYINFORMATION section of this document. FORFURTHERINFORMATIONCONTACT
- Gary Stevens, Office of Nuclear Reactor
Regulation, telephone: 301-415-3608;
email: Gary.Stevens@nrc.gov; Mark Kirk, Office of Nuclear Regulatory
Research, telephone: 301-251-7631;
email: Mark.Kirk@nrc.gov; or Steve Burton, telephone: 301-415-7000;
email: Stephen.Burton@nrc.gov; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARYINFORMATION
- I. Obtaining Information and
Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2014-0137 when contacting the NRC about the availability of information for this
action. You may obtain publicly-
available information related to this
action by the following methods:
- Federal Rulemaking Web site:
Go to http://www.regulations.gov and search for Docket ID NRC-2014-0137.
- NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at
http://www.nrc.gov/reading-rm/
adams.html.
To begin the search, select
ADAMS Public Documents
and then select Begin Web-based ADAMS
Search.
For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by
email to pdr.resource@nrc.gov.
The ADAMS accession number for each document referenced in this document (if that document is available in
ADAMS) is provided the first time that
a document is referenced. Draft Guide-
1299, Regulatory Guidance on the
Alternate Pressurized Thermal Shock
Rule, is available in ADAMS under
Accession No. ML14056A011. Draft
NUREG-2163, Technical Basis for
Regulatory Guidance on the Alternate
Pressurized Thermal Shock Rule, is
available in ADAMS under Accession
No. ML15058A677.
- NRC's PDR:
You may examine and purchase copies of public documents at
the NRC's PDR, Room O1-F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
B. Submitting Comments Please include Docket ID NRC-2014-0137 in the subject line of your comment submission.
The NRC cautions you not to include identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at http://
www.regulations.gov as well as enter the comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Discussion The NRC is issuing for public comment a draft guide (DG) in the NRC's Regulatory Guide series. The
DG, titled Regulatory Guidance on the
Alternate Pressurized Thermal Shock
Rule, is temporarily identified by its
task number, DG-1299. This DG
provides new guidance for a method
that the NRC considers acceptable to
permit use of the alternate fracture
toughness requirements for protection
against PTS events for PWR RPVs in
part 50 of Title 10 of the Code of Federal
Regulations (10 CFR), Domestic Licensing of Production and Utilization
Facilities, 10 CFR 50.61a, Alternate
Fracture Toughness Requirements for
Protection against Pressurized Thermal
Shock Events (RIN 3150-AI01). DG-
1299 is accompanied by draft NUREG-2163, Technical Basis for Regulatory Guidance on the Alternate Pressurized
Thermal Shock Rule. This NUREG
provides the technical basis for the
guidance recommended in DG-1299.
The NRC is issuing the draft NUREG for
public comment at the same time as the
DG to allow for common review of both
documents.
The alternate PTS requirements are based on updated analysis methods, and
are desirable because the requirements
in 10 CFR 50.61a are based on overly
conservative probabilistic fracture
mechanics analyses.
III. Backfitting and Issue Finality The DG, if finalized, would provide guidance on the methods acceptable to the NRC for complying with the NRC's
regulations associated with alternate
fracture toughness requirements for
protection against PTS events for PWR
RPVs. The NUREG, if finalized, would
provide technical bases that support the
DG. The DG would apply to certain
current holders of power reactor
licenses and construction permits under
10 CFR part 50. The alternate PTS
requirements of 10 CFR 50.61a apply to
certain holders of operating licenses for
a PWR whose construction permit was
issued before February 3, 2010;
however, this DG also provides
guidance for licensees whose
construction permits were issued after
February 3, 2010, but wish to utilize the
alternate PTS criteria via exemption.
Therefore this guidance may also apply
to future applicants for operating
licenses and construction permits under
10 CFR part 50, as well as certain
current holders of and future applicants
for power reactor licenses under 10 CFR
part 52. Issuance of this DG and NUREG, if finalized, would not constitute
backfitting under 10 CFR part 50 and
would not otherwise be inconsistent
with the issue finality provisions in 10 CFR part 52. As discussed in the
Implementation section of DG-1299, the NRC has no current intention to
impose the DG, if finalized, on current
holders of 10 CFR part 50 operating
licenses or 10 CFR part 52 combined
licenses. This DG, if finalized, could be
applied to applications for certain 10
CFR part 50 operating licenses or
construction permits and 10 CFR part 52
combined licenses. Such action would
not constitute backfitting as defined in
10 CFR 50.109 or be otherwise
inconsistent with the issue finality
provisions in 10 CFR part 52, inasmuch
as such applicants are not within the
scope of entities protected by 10 CFR
50.109 or the issue finality provisions in
10 CFR part 52.
13451 Federal Register/Vol. 80, No. 49/Friday, March 13, 2015/Notices Dated at Rockville, Maryland, this 6th day of March 2015.
For the Nuclear Regulatory Commission.
Thomas H. Boyce, Chief, Regulatory Guide and Generic Issues Branch, Division of Engineering, Office of
Nuclear Regulatory Research.
[FR Doc. 2015-05754 Filed 3-12-15; 8:45 am]
BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION
[NRC-2014-0080]
Low-Level Radioactive Waste
Regulatory Program AGENCY: Nuclear Regulatory Commission.
ACTION: Draft programmatic assessment results; request for comment.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is requesting
comment on a draft list of prioritized
low-level radioactive waste (LLW) tasks
based upon the assessment updates to
the strategic assessment (now called a
programmatic assessment) performed in
2007. The objective of this updated
assessment remains the same as the
2007 assessment; that is, to identify and
prioritize tasks that the NRC staff can
undertake to ensure a stable, reliable, and adaptable regulatory framework for
effective LLW management, while also
considering future needs and changes
that may occur in the nation's
commercial LLW management system.
In 2014, through public meetings, webinars, and Federal Register
- notices, the NRC staff solicited public comment
on what changes, if any, should be made
to the current LLW program's regulatory
framework, as well as specific actions
that the staff might undertake to
facilitate such changes. The NRC staff
considered the comments received, performed an assessment of the
comments, and developed a draft list of
prioritized LLW tasks.
DATES: Submit comments by April 13, 2015. Comments received after this date
will be considered if it is practical to do
so, but the NRC is able to assure
consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments by any of the following methods (unless
this document describes a different
method for submitting comments on a
specific subject):
- Federal Rulemaking Web site:
Go to http://www.regulations.gov and search for Docket ID NRC-2014-0080. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301-415-3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the
individuals listed in the FORFURTHER INFORMATIONCONTACT section of this document.
- Mail comments to:
Cindy Bladey, Office of Administration, Mail Stop:
OWFN-12-H08, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001.
For additional direction on obtaining information and submitting comments, see Obtaining Information and
Submitting Comments in the SUPPLEMENTARYINFORMATION section of this document. FORFURTHERINFORMATIONCONTACT
- Stephen Dembek, telephone: 301-415-
2342, email:
Stephen.Dembek@nrc.gov
or Melanie C. Wong, telephone: 301-
415-2432, email:
Melanie.Wong@
nrc.gov , both are staff of the Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARYINFORMATION
- I. Obtaining Information and
Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2014-0080 when contacting the NRC about the availability of information regarding
this document. You may obtain
publicly-available information related to
this document by any of the following
methods: *Federal Rulemaking Web site:
Go to http://www.regulations.gov and search for Docket ID NRC-2014-0080.
- NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at
http://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
ADAMS Public Documents and then
select Begin Web-based ADAMS
Search. For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by
email to pdr.resource@nrc.gov. The
Strategic Assessment of Low-Level
Radioactive Waste Regulatory Program
and Transcript of Public Workshop on
Low-Level Radioactive Waste Disposal
Rulemaking and Strategic Assessment of
Low-Level Radioactive Waste are
available in ADAMS under Accession
Nos. ML071350291 and ML14086A540.
- NRC's PDR:
You may examine and purchase copies of public documents at
the NRC's PDR, Room O1-F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
B. Submitting Comments Please include Docket ID NRC-2014-0080 in the subject line of your
comment submission.
The NRC cautions you not to include identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at http://
www.regulations.gov as well as enter the comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment submissions into
ADAMS. II. Background In 2007, due to developments in the national program for LLW disposal, as well as changes in the regulatory
environment, the NRC's LLW program
faced new challenges and issues. New
technical issues related to protection of
public health and the environment and
security emerged. These challenges and
issues included (1) the need for greater
flexibility and reliability in LLW
disposal options; (2) increased storage of
Class B and Class C LLW because of the
potential closing of the Barnwell, South
Carolina disposal facility to out-of-
compact waste generators; (3) the
potential need to dispose of large
quantities of power plant
decommissioning waste, as well as
depleted uranium (DU) from enrichment
facilities; (4) increased safety concerns;
(5) the need for greater LLW program
resources than were available; (6)
increased security concerns related to
storing LLW in general and sealed
radioactive sources in particular; and (7)
the potential for generation of new
waste streams (for example, by the next
generation of nuclear reactors and the
potential reemergence of nuclear fuel
reprocessing in the United States).
Based on these challenges and issues, the NRC staff conducted a Strategic
Assessment of the NRC's LLW
regulatory program. Based on extensive
stakeholder input during public
meetings, the NRC staff received a
variety of tasks to be included in the
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
In the Matter of ) ) ENTERGY NUCLEAR OPERATIONS, INC. ) Docket No. 50-255-LA ) (Palisades Nuclear Plant) )
)
CERTIFICATE OF SERVICE
Pursuant to 10 C.F.R § 2.305, I hereby certify that a copy of the foregoing letter regarding the Issuance of Technical Basis and Draft Regulatory Guidance on 10 C.F.R. § 50.61a for Public Comment, dated March 20, 2015, has been filed through the Electronic Information Exchange, the NRC's E-Filing System, in the above captioned proceeding, this 20 th day of March, 2015:
/Signed (electronically) by/
Joseph A. Lindell Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1474
E-mail: joseph.lindell@nrc.gov Date of signature: March 20, 2015