ML093490468

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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:
References
74FR65165, FSME-09-100, NRC-2009-0541
Download: ML093490468 (3)


Text

Federal Register / Vol. 74, No. 235 / Wednesday, December 9, 2009 / Notices 65165 NUCLEAR REGULATORY at Southern California Edison environmental impact. Therefore, there COMMISSION Companys San Onofre Nuclear are no significant nonradiological Generating Station (SONGS). That environmental impacts associated with

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

experience indicates that rail the proposed action.

Pacific Gas and Electric, Humboldt Bay transportation time to waste disposal Accordingly, the NRC concludes that Power Plant, Unit 3; Environmental facilities frequently exceeded the 20-day there are no significant environmental Assessment and Finding of No reporting requirement. A review of the impacts associated with the proposed Significant Impact for an Exemption SONGS data indicates that action.

From Certain Control and Tracking transportation time for shipments by rail Alternatives to the Proposed Action Requirements in 10 CFR Part 20 or truck/rail took over 16 days on average and, on occasion, took up to 57 As an alternative to the proposed Appendix G Section III.E days. HBPP is in a more remote location action, the staff considered denial of the The U.S. Nuclear Regulatory than SONGS and is not near a railhead. proposed action (i.e., the no-action Commission (NRC) is considering Shipping from HBPP may require a alternative). Denial of the application issuance of an exemption from certain combination of truck/rail, barge/rail or would result in no change in current control and tracking requirements in 10 barge/truck shipments. These mixed- environmental impacts. The CFR part 20 appendix G section III.E for mode shipments will be comprised of environmental impacts of the proposed Facility Operating License No. DPR-7 truck and barge shipments from HBPP action and the alternative action are issued to Pacific Gas and Electric (PG&E to inland locations in California or similar.

or the licensee), for Humboldt Bay nearby states, followed by rail Agencies and Persons Contacted Power Plant (HBPP) Unit 3, located in shipments to the waste disposal Humboldt County, California. facilities or processors. The additional In accordance with NRC policy, on step of transloading material at a remote November 2, 2009, the staff consulted Environmental Assessment railyard (e.g., unloading and loading, with a State of California official in the Identification of Proposed Action waiting for the train to depart) is Radiologic Health Services, State expected to add to shipping delays that Department of Health Services, The proposed action is in accordance exceed the time of shipments from regarding the environmental impact of with the licensees application for an SONGS. the proposed action. The state official exemption dated September 4, 2009. The licensee affirms that the low-level had no comments.

The licensee has requested an radioactive waste shipments will always exemption from certain control and Finding of No Significant Impact be tracked throughout transportation tracking requirements in 10 CFR part 20 until they arrive at their intended On the basis of the environmental appendix G section III.E, which require destination. The licensee believes, and assessment, the NRC concludes that the the licensee to investigate, and file a the staff agrees, that the need to proposed action will not have a report with the NRC, if shipments of investigate, trace, and report to the NRC significant effect on the quality of the low-level radioactive waste are not on the shipment of low-level waste human environment. Accordingly, the acknowledged by the intended recipient packages not reaching their destination NRC has determined not to prepare an within 20 days after transfer to the within 20 days does not serve the environmental impact statement for the shipper. underlying purpose of the rule. proposed action.

The proposed action would grant an Therefore, the NRC staff finds that Dated at Rockville, Maryland this 1st day exemption to extend the time period granting an exemption to extend the of December 2009.

that can elapse during shipments of time period from 20 days to 45 days for For the Nuclear Regulatory Commission.

low-level radioactive waste before the mixed-mode shipments of low-level licensee is required to investigate and Keith I. McConnell, radioactive waste will not result in an file a report with the NRC. Specifically, Deputy Director, Decommissioning and undue hazard to life or property. Uranium Recovery Licensing Directorate, the exemption would extend the time Environmental Impacts of the Proposed Division of Waste Management and period for the licensee to receive Environmental Protection, Office of Federal acknowledgment that the low-level Action and State Materials and Environmental radioactive waste shipment has been The NRC has reviewed the licensees Management Programs.

received by the intended recipient from proposed exemption request and [FR Doc. E9-29327 Filed 12-8-09; 8:45 am]

20 days to 45 days. concluded that the proposed exemption BILLING CODE 7590-01-P is procedural and administrative in The Need for the Proposed Action nature.

PG&E is in the process of The proposed action will not NUCLEAR REGULATORY decommissioning HBPP Unit 3. During significantly increase the probability or COMMISSION the decommissioning process, large consequences of accidents, no changes volumes of slightly contaminated debris are being made in the types of any [NRC-2009-0536]

are generated and require disposal. effluents that may be released offsite, PG&E transports low-level radioactive Proposed Generic Communication; and there is no significant increase in waste from HBPP Unit 3 to distant NRC Regulatory Issue Summary 2009-occupational or public radiation locations such as a waste disposal XX; Monitoring the Status of Regulated WReier-Aviles on DSKGBLS3C1PROD with NOTICES exposure. Therefore, there are no facility operated by Energy Solutions in Activities During a Pandemic significant radiological environmental Clive, Utah, and waste processors in impacts associated with the proposed AGENCY: Nuclear Regulatory Tennessee. action. Commission.

The licensees request to extend the With regard to potential ACTION: Notice of opportunity for public 20-day investigation and reporting nonradiological impacts, the proposed comment.

requirements for shipments of low-level action does not involve any historic radioactive waste to 45 days is based on sites. It does not affect nonradiological

SUMMARY

The U.S. Nuclear Regulatory historical data derived from experience plant effluents and has no other Commission (NRC) is proposing to issue VerDate Nov<24>2008 15:02 Dec 08, 2009 Jkt 220001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\09DEN1.SGM 09DEN1

65166 Federal Register / Vol. 74, No. 235 / Wednesday, December 9, 2009 / Notices this regulatory issue summary (RIS) to operating licenses for nuclear power NRC is in a situational awareness inform addressees of the NRCs desire reactors who have permanently ceased mode at all times when there is a threat for information on the evolving operations and have certified that fuel of a pandemic, because: (1) Of the pandemic situations at licensee sites has been permanently removed from the agencys need to be ready to respond and the impact of a pandemic situation reactor vessel that are not 10 CFR Part quickly to any emergency that could on operational decisions and requests 72 specific licensees. threaten the agencys mission or the for regulatory relief. The NRC intends to All holders of radioactive materials nuclear activities that it regulates, and use this information to align NRC licenses under the provisions of 10 CFR (2) impacts to the electric grid may have resources to be prepared to address Parts 30, 40, and 70, regarding Rules of an impact on plant safety.

potential safety and operational issues General Applicability to Domestic Licensing of Byproduct, Source, and Summary of Issues at affected licensee sites, and to support decision-making within the NRC. The Special Nuclear Material with Category The NRC is interested in maintaining NRC, therefore, is soliciting licensees to 1 and 2 sources. situational awareness of licensees voluntarily provide information Intent ability to cope with the challenges regarding the above. associated with a pandemic. This The NRC is also sharing this RIS with The NRC is issuing this regulatory information will serve two functions:

the Agreement States via a separate issue summary (RIS) to inform 1. The NRC must be prepared to communication and is encouraging the addressees of the NRCs desire for respond quickly if a safety or security Agreement States to share it with their information on the evolving pandemic event develops.

licensees. situations at licensee sites and the 2. The NRC is obligated to keep its This RIS is available through the impact of a pandemic situation on stakeholders informed.

NRCs Agencywide Documents Access operational decisions and requests for regulatory relief. The NRC intends to Information of Interest and Management System (ADAMS) under accession number ML093210234. use this information to align NRC The NRC is interested in maintaining resources to be prepared to address situational awareness of the status of its DATES: Comment period expires January potential safety and operational issues regulated activities during a pandemic 25, 2010. Comments submitted after this at affected licensee sites, and to support date will be considered if it is practical and requests that licensees voluntarily decision-making within the NRC. The inform the staff of any potential impacts to do so, but assurance of consideration NRC, therefore, is soliciting licensees to cannot be given except for comments on those activities. Accordingly, voluntarily provide information answers to the following two questions received on or before this date. regarding the above.

ADDRESSES: Submit written comments should be considered during routine The NRC is also sharing this RIS with business contacts with NRC staff (e.g.,

to the Chief, Rulemaking and Directives the Agreement States via a separate Branch, Division of Administrative during routine communications with communication and is encouraging the the NRC licensing project manager or Services, Office of Administration, U.S. Agreement States to share it with their Nuclear Regulatory Commission, Mail resident inspector or during inspections licensees. conducted by the NRC), or as licensees Stop TWB-05-B01M, Washington, DC 20555-0001, and cite the publication Background desire to report information:

date and page number of this Federal The NRCs overarching mission is to 1. Does the licensee anticipate Register notice. license and regulate the nations civilian operational challenges at the facility or use of byproduct, source, and special in the conduct of activities in the next FOR FURTHER INFORMATION CONTACT:

nuclear materials to ensure adequate 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 Thomas Alexion at 301-415-1326 or by result of the pandemic?

e-mail at Thomas.Alexion@NRC.gov or protection of public health and safety, promote the common defense and a. Safety.

Joseph Golla at 301-415-1002 or by e-security, and protect the environment. b. Security.

mail at Joe.Golla@NRC.gov.

Across the spectrum of government c. Safeguards.

SUPPLEMENTARY INFORMATION: d. Emergency preparedness.

operations, there has been a concerted NRC Regulatory Issue Summary 2009- effort to prepare for and respond to 2. Does the licensee anticipate the XX; Monitoring the Status of Regulated pandemic outbreaks, including the need to request regulatory action as a Activities During a Pandemic H1N1 influenza virus. All government result of the pandemic in the next 48 agencies have or are preparing hours?

Addressees Responses to these questions will be pandemic plans to ensure the operation All holders of operating licenses for of the government during a pandemic. voluntary. If either question results in a nuclear power reactors and research and Part of this preparation and planning is yes answer, the NRC expects the test reactors (RTRs) under the an effort by the federal government to licensee to provide additional provisions of Title 10 of the Code of ensure the U.S. infrastructure is information specific to the needs of the Federal Regulations (10 CFR) Part 50, maintained to the fullest extent licensee, as soon as possible. In such Domestic Licensing of Production and possible. cases, the appropriate NRC staff will Utilization Facilities, except those that The Homeland Security Council, in follow-up with the licensee. It should be have ceased operations and have the National Framework for 2009-H1N1 noted that this RIS does not eliminate certified that fuel has been permanently Influenza Preparedness and Response, the need for licensees to meet the WReier-Aviles on DSKGBLS3C1PROD with NOTICES removed from the reactor vessel. described surveillance as the first of the reporting requirements contained in All U.S. Nuclear Regulatory pillars of preparedness and further applicable regulations. Further, there Commission (NRC) fuel cycle facilities defined the term to mean enhanced are no information collection licensed under 10 CFR Part 40 or 70 and efforts to achieve timely and accurate expectations other than information that gaseous diffusion plants certified under situational awareness of evolving is typically exchanged through routine 10 CFR Part 76. disease and the impact on critical business activities or is already required All 10 CFR Part 72 specific licensees sectors to inform policy and operational by NRC regulations. The information and certificate holders and holders of decisions. Under that definition, the provided will enable the NRC to VerDate Nov<24>2008 15:02 Dec 08, 2009 Jkt 220001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\09DEN1.SGM 09DEN1

Federal Register / Vol. 74, No. 235 / Wednesday, December 9, 2009 / Notices 65167 effectively respond to licensees with Contacts ACTION: Notice of intent to request potential challenges. extension of OMB approval of Technical ContactsOffice of Nuclear For materials licensees that have less information collection.

Reactor Regulation (NRR) frequent contact with NRC, the NRC Joseph Golla, NRR, (301) 415-1002,

SUMMARY

The Pension Benefit Guaranty regional offices are establishing an E-mail: joseph.golla@nrc.gov. Corporation (PBGC) intends to e-mail address that can be used to Thomas Alexion, NRR, (301) 415-1326, request the Office of Management and voluntarily submit the information E-mail: thomas.alexion@nrc.gov. Budget (OMB) to extend approval, discussed above. Materials licensees under the Paperwork Reduction Act, of will receive a separate communication, Technical ContactsOffice of Nuclear a collection of information under its by e-mail or phone, identifying the Material Safety and Safeguards (NMSS) regulation on Rules for Administrative appropriate e-mail address for Steven Ward, NMSS, (301) 492-3426, Review of Agency Decisions. This submitting information concerning E-mail: steven.ward@nrc.gov. notice informs the public of PBGCs potential pandemic impacts. Kevin Witt, NMSS, (301) 492-3323, intent and solicits public comment on NRC recognizes that during a E-mail: kevin.witt@nrc.gov. the collection of information.

pandemic, licensees resources may be Technical Material ContactsOffice of DATES: Comments should be submitted strained. Therefore, NRC understands Federal and State Materials and by February 8, 2010.

that licensees will provide information Environmental Management Programs ADDRESSES: Comments may be to the best of their ability, given the (FSME) and the Regions submitted by any of the following circumstances. methods:

Duncan White, FSME, (301) 415-2598, Backfit Discussion E-mail: duncan.white@nrc.gov. Federal eRulemaking Portal: http://

John Kinneman, Region I, (610) 337- www.regulations.gov. Follow the Web This RIS requests that addressees 5274, site instructions for submitting voluntarily provide information as E-mail: john.kinneman@nrc.gov. comments.

appropriate to assist the NRC staff in Steven Reynolds, Region III, (630) 829- E-mail:

managing the impacts of a pandemic on 9800, paperwork.comments@pbgc.gov.

regulated activities. This effort by the E-mail: steven.reynolds@nrc.gov. Fax: 202-326-4224.

NRC is a part of the continuing federal Art Howell, Region IV, (817) 860-8106, Mail or Hand Delivery: Legislative and effort in pandemic planning, and it E-mail: art.howell@nrc.gov. Regulatory Department, Pension Benefit supports situational awareness of End of Draft Regulatory Issue Summary Guaranty Corporation, 1200 K Street, potential issues at NRC-licensed NW., Washington, DC 20005-4026.

facilities. Documents may be examined, and/or PBGC will make all comments copied for a fee, at the NRCs Public available on its Web site, http://

The staff is not imposing any new Document Room at One White Flint positions nor is it imposing any new www.pbgc.gov.

North, 11555 Rockville Pike (first floor), Copies of the collection of regulatory requirements on licensees. Rockville, Maryland. Publicly available Any information provided by a licensee information may also be obtained records will be accessible electronically without charge by writing to the is strictly voluntary. No action is from the Agencywide Documents required on the part of any licensee; Disclosure Division of the Office of the Access and Management System General Counsel of PBGC at the above therefore, this document does not (ADAMS) Public Electronic Reading constitute a backfit under applicable address or by visiting the Disclosure Room on the Internet at the NRC Web Division or calling 202-326-4040 backfit regulations. Consequently, the site, http://www.nrc.gov/NRC/ADAMS/

staff did not perform a backfit analysis. during normal business hours. (TTY and index.html. If you do not have access to TDD users may call the Federal relay Federal Register Notification ADAMS or if you have problems in service toll-free at 1-800-877-8339 and accessing the documents in ADAMS, ask to be connected to 202-326-4040.)

To be done after the public comment contact the NRC Public Document Room PBGCs regulation on Administrative period. (PDR) reference staff at 1-800-397-4209 Appeals may be accessed on PBGCs or 301-415-4737 or by e-mail to Web site at http://www.pbgc.gov.

Paperwork Reduction Act Statement pdr@nrc.gov.

FOR FURTHER INFORMATION CONTACT:

This RIS does not contain new or Dated at Rockville, Maryland, this 30th day Catherine B. Klion, Manager, or Donald amended information collection of November 2009. McCabe, Attorney, Regulatory and requirements subject to the Paperwork For the Nuclear Regulatory Commission. Policy Division, Legislative and Reduction Act of 1995 (44 U.S.C. 3501 Martin C. Murphy, Regulatory Department, Pension Benefit et seq.). Existing information collection Chief, Generic Communications Branch, Guaranty Corporation, 1200 K Street, requirements were approved by the Division of Policy and Rulemaking, Office NW., Washington, DC 20005-4026, 202-Office of Management and Budget, of Nuclear Reactor Regulation. 326-4024. (For TTY and TDD, call 800-control numbers 3150-0011 and 3150- [FR Doc. E9-29326 Filed 12-8-09; 8:45 am] 877-8339 and request connection to 0012. BILLING CODE 7590-01-P 202-326-4024).

Public Protection Notification SUPPLEMENTARY INFORMATION: PBGCs regulation on Rules for Administrative WReier-Aviles on DSKGBLS3C1PROD with NOTICES The NRC may not conduct or sponsor, PENSION BENEFIT GUARANTY Review of Agency Decisions (29 CFR and a person is not required to respond CORPORATION part 4003) prescribes rules governing to, a request for information or an the issuance of initial determinations by Proposed Submission of Information information collection requirement PBGC and the procedures for requesting Collection for OMB Review; Comment unless the requesting document and obtaining administrative review of Request; Administrative Appeals displays a current valid Office of initial determinations. Certain types of Management and Budget control AGENCY: Pension Benefit Guaranty initial determinations are subject to number. Corporation. administrative appeals, which are VerDate Nov<24>2008 15:02 Dec 08, 2009 Jkt 220001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\09DEN1.SGM 09DEN1