ML20137N489

NRC Regulatory Agenda.Semiannual Report.July-December 1996

ML20137N489
Person / Time
Issue date:	03/31/1997
From:	NRC OFFICE OF ADMINISTRATION (ADM)
To:
References
NUREG-0936, NUREG-0936-V15-N02, NUREG-936, NUREG-936-V15-N2, NUDOCS 9704080379
Download: ML20137N489 (58)

Text

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NRC Regulatory Agenda 1

d Semiannual Report i July - December 1996 i

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NUREG-0936 Vol.15, No. 2 XRC Regulatory Agenda

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t AVAILABILITY NOTICE Availability of Reference Materials Cited in NRC Publications j l

Most documents cited in NRC publications will be available from one of the following sources:

1. The NRC Public Document Room, 2120 L Street, NW., Lower Level, Washington, DC 20555-0001 ,

2. The Superintendent of Documents, U.S. Government Printing Office, P. O. Box 37082, Washington, DC 20402-9328

3. The Nutional Technical Information Service, Springfield, VA 22161-0002 Although the listing that follows represents the majority of documents cited in NRC publica-tions, it is not intended to be exheustive.

Referenced documents available for inspection and copying for a fee from the NRC Public Document Room include NRC correspondence and internal NRC memoranda; NRC bulletins, circulars, Information notices, inspection and investigation notices; licensee event reports;  ;

vendor reports and correspondence; Commission papers; and applicant and licensee docu-monts and correspondence.

The following documents in :he NUREG series are available for purchase from the Government '

Printing Office: formal NRC staff and contractor reports, NRC-sponsored conference pro-ceedings, international agreement reports, grantee reports, and NRC booklets and bro-chures. Also available are regulatory guides NRC regulations in the Code of Federal Regula-tions, and Nuclear Regulatory Commission Issuances.

Documents available from the National Technical information Service include NUREG-series reports and technical reports prepared by other Federal agencies and reports prepared by the Atomic Energy Commission, forerunner agency to the Nuclear Regulatory Commission.

Documents available from public and special technical libraries include all open literature items, such as books, journal articles, and transactions. Federal Register notices, Federal and State legislation, and congressional reports can usually be obtained from these libraries.

Documents such as theses, dissertations, foreign reports and translations, and non-NRC con-  ;

forence proceedings are available for purchase from the organization sponsoring the publica-tion cited. <

Single copies of NRC draft reports are available free, to the extent of supply, upon written request to the Office of Administration Distribution and Mail Services Section, U.S. Nuclear i Regulatory Commission, Washington DC 20555-0001. ,

I Copies of industry codes and standards used in a substantive manner in the NRC regulatory process are maintained at the NRC Library, Two White Flint North,11545 Rockville Pike, Rock-ville, MD 20852-2738, for use by the public. Codes and standards are usually copyrighted and may be purchased from the originating organization or, if they are American National Standards, from the American National Standards Institute,1430 Broadway, New York, NY 10018-3308.

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NUREG-0936 Vol.15, No. 2 NRC Regulatory Agenda Semiannual Report July - December 1996 Manuscript Completed: March 1997 Date Published: March 1997 Office of Administration U.S. Nuclear Regulatory Commission W:shington, DC 20555-0001

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Preface The Regulatory Agenda is a semiannual identified with a petition for rulemaking compilation of all rules on which the NRC (PRM) number. If more than one petition has recently completed action, or has appears under the same CFR part, the proposed action, or is considering action, and petitions are arranged by PRM numbers in of all petitions for rulemaking that the NRC consecutive order within that part of Title 10.

has received that are pending disposition.

A Regulation Identifier Number (RIN) has Organization of the Agenda been added to each rulemaking agenda entry.

This identification number will make it The agenda consists of two sections that easier for the public and agency officials to have been updated through December 31, track the publication history of regulatory 1996.Section I, " Rules," includes (A) mies actions. The dates listed under the heading on which final action has been taken since " Timetable" for scheduled action by the June 28,1996, the closing date of the last Commission or the Executive Director for NRC Regulatory Agenda;(B) rules Operations (EDO) on particular mies or published previously as proposed rules on petitions are considered tentative and are not which the Commission has not taken final binding on the Commission or its staff. They action; (C) rules published as advance are included for planning purposes only. This notices of proposed rulemaking for which Regulatory Agenda is published to provide neither a proposed nor final rule has been the public early notice and opponunity to issued; and (D) unpublished rules on which participate in the miemaking process.

the NRC expects to take action. liowever, the NRC may consider or act on any miemaking proceeding even if it is not Section II, " Petitions for Rulemaking," included in this Regulatory Agenda.

includes ( A) petitions denied or incorporated Conversely, the inclusion in this Regulatory into final mies since June 28,1996; (B) Agenda of unpublished rules on which the petitions incorporated into proposed rules; NRC is considering action does not commit and (C) petitions pending staff review, the NRC to publishing the rule for public comment in the Federal Register.

In Section I of the agenda, the rules are ordered from the lowest to the highest part Rulemakings Approved by the Executive within Title 10, Chapter I, of the Code of Director for Operations (EDO)

Federal Regulations (Title 10). If more than one mle appears under the same part, the The Executive Director for Operations rules are arranged within that part by date of initiated a procedure for the review of the.

most recent publication. If a rule amends regulations being prepared by staff offices multiple parts, the rule is listed under the that report to him to ensure that staff lowest affected part. In Section II of the resources were being allocated to achieve agenda, the petitions are ordered from the NRC's regulatory priorities most effectively.

lowest to the highest pan of Title 10 and are This procedure requires EDO approval iii NUREG-0936

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Preface NRC Regulatory Agenda before staff resources may be expended on considered ifit is practical to do so, but I the development of any new miemaking. assurance of considerat'on cannot be given except as to comments received on or before .

Those unpublished rules whose fmther the closure dates specified in the agenda.  !

development has been terminated will be i noted in this edition of the agenda and The agenda and any comments received on deleted from subsequent editions. Rules any rule listed in the agenda are available for whose termination was directed subsequent public inspection, and copying for a fee, at I to publication of a notice of proposed the Nuclear Regulatory Commission's Public j rulemaking or an advance notice of proposed Document Room,2120 L Street, NW. ,

rulemaking will be removed from the agenda (Lower Level), Washington, DC, between i after publication of a notice of withdrawal in 7:45 a.m. and 4:15 p.m. i the Federal Register. Rules and Petitions for l Rulemaking that appear in the agenda for the Additional Rulemaking Information  ;

first time are identified by an asterisk (*).

For further information concerning NRC Public Participation in Rulemaking rulemaking procedures or the s;, Jus of any j rule listed in this agenda, contact Betty K.  :

Comments on any rule in the agend may be Golden, Regulations Specialist, Rules sent to the Secretary of the Commission, Review and Directives Branch, Office of U.S. Nuclear Regulatory Commission, Administration, U.S. Nuclear Regulatory j Attention: Docketing and Service Branch, Commission, Washington, DC 20555-0001, l Washington, DC 20555-0001. Telephone (301) 415-6863 (persons outside {

the Washington, DC, metropolitan area may  ;

Comments may also be hand delivered to call toll-free: 800-368-5642), or e-mail  !

One White Flint North,11555 Rockville BKG2@NRC. GOV. For further information  !

Pike, Rockville, Maryland, between 7:30 on the substantive content of any rule listed a.m. and 4:15 p.m., Federal workdays. in the agenda, contact the individual listed ,

Comments received on mies for which the under the heading " Agency Contact" for that  !

comment period has closed will be rule.

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Contents i

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Preface ........... .....................................................iii (A) Final Rules i

1. Adjustment of Civil Monetary Penalties for inflation * (Parts 2,13). . . . . . . . . . I

2. Deletion of Outdated References and Minor Changes (Parts 2,51) . . ..... 1

3. Resolution of Dual Regulation of Airborne Efiluents of Radioactive Materials; Clean Air Act (Part 20 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

4. Reactor Site Criteria including Seismic and Earthquake Engineering I Criteria for Nuclear Power Plants (Parts 21,50,52,54,100) .............. 2

5. Decommissioning of Nuclear Power Reactors (Part 50) .................. 2

6. Codes and Standards for Nuclear Power Plants; Subsection IWE and  ;

Subsection I WL (Part 50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 i 1

7 Removal of 10 CFR Part 53 - Criteria and Procedures for Determining the Adequacy of Available Spent Nuclear Fuel Storage Capacity (Part 53) . . . . . 3

8. Disposal ofliigh-Level Radioactive Wastes in Geologic Repositories; Design Basis Events (Part 60) . . . . . . ........................ ....... 3

9. Nuclear Power Reactor Physical Protection Requirements Update (Part 7 3 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

10. Export of Nuclear Equipment and Materials (Part 110) . . . . . . . . . . . . . . . . . . 4 (B) Proposed Rules

11. Availability of Official Records (Part 2) ...... .......... .......5

12. Reporting Requirement. for Unauthorized Use of Lwensed Radioactive Material (Part 2 0) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......... 5

13. Radiological Criteria for License Termination (Parts 20,30,40, 5 0, 5 1, 7 0, 72 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

14. Minor Corrections and Clarifying Changes and a Minor Policy Change (Parts 20, 3 2, 3 5, 3 6, 3 9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... 6

15. Criteria for the Release of Patients Administered Radioactive Material

( Parts 2 0, 3 5 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 v NUREG-0936

Contents (B) Proposed Rules (continued)

16. Access to and Protection of Classified Information (Parts 25,50,54,95) . . . . . 7

17. Fitness for Duty (Pan 26) . . . . . . . .......... ............. ........ 8

18. Deliberate Misconduct by Unlicensed Persons (Parts 30,40,50, 60, 61, 70, 72,150) . . . . . . . . . . . . . . . . . ........ ......... .......... 8

19. Requirements for Possession ofIndustrial Devices Containing Byproduct Material (Parts 31,32) ....... ......... .. ........ .......... .. 9

20. Requirements Concerning the Accessible Air Gap for Generally Licensed Devices (Parts 31,32) . . . . . . . . . . . . . . .... ............. ........ 9

21. Radiography and Radiation Safety Requirements for Radiographic Operations (Pan 34) .. .............. .. .... ...... ........... 10

22. Shutdown and Fuel Storage Pool Operation at Nuclear Power Plants (Part 50) . . . . . . . . . . . . . .......... .... ... .. ........... 10

23. Reporting Reliability and Availability Information for Risk-Significant Sctems and Equipment (Part 50) . . . .............. ............... 1I

24. Addition of Radon-222 and Technetium-99 Values to Table S-3 and Revisions Resulting from Consideration of liigher-Burnup Fuel (Part 51) ... 1I

25. Design Certification for Advanced Boiling Water Reactor (ABWR)(Part 52) ....... ...... ...... ......... .............. 12

26. Design Certification for System 80+ (Part 52) ........................ 12

27. Elimination of Inconsistencies Between NRC Regulations and EPA IILW Standards (Part 60) .......... .. .... ....... ........... 13

28. Clarification of Assessment Requirements for Siting Criteria and Performance Objectives (Part 60) . . . . . . . . . . . . ......... ........ 14

29. Safeguards for Spent Nuclear Fuel or High-level Radioactive Waste (Pans 60, 72, 73, 7 5 ) . . . . . . . . . . . . . . . . ......... . ....... 14

30. Criteria for an Extraordinary Nuclear Occurrence (Part 140) ............. 15

31. Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Within an Agreement State (Parts 150,170) . . . . . . . . . 15 NUREG-0936 vi

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(C) Advance Notices of Proposed Rulemaking

32. Disposal by Release into Sanitary Sewerage (Pan 20) .................. 17 l

33. Distribution of Source and Byproduct Material: Licensing and Reponing ,

i Requirements (Parts 32 and 40) ....................................17 l

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34. Specific Domestic Licenses of Broad Scope for Byproduct Material

- ( Part 3 3 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 1 l

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35. Comprehensive Quality Assurance in Medical Use and a Standard of l Care (Pan 35) ..................................................18 l J

36. Acceptability of Plant Performance for Severe Accidents; Scope of l

} Consideration in Safety Regulations (Part 50) ......................... 18

37. Steam Generator Tube Integrity for Operating Nuclear Power Plants (Pan 50) ................................... ............. 19 l 38. Revision to Nuclear Power Reactor Decommissioning Financial Assurance Implementation Requirements (Part 50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4

3 (D) Unpublished Rules 4

39. USEC Privatization Act (Public Law 104-134) (Parts 2,40,70,76) . . . . . . . . 21

40. Duplication Fees * (Part 9) ........................................21

41. Criteria and Procedures for Determining Eligibility for Access to Restricted Data or National Security Information or an Employment Clearance (Part 10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

42. Submittal Procedures for Documents * (Parts 19,20,30,31,32, 34,35,36,39,40,50,51,52,55,60,61,62,70,71,72,73, 74,75,140, and 150) ............................................22

43. Fitness for Duty (Scope Change) (Part 26) . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 23

44. Alternative Financial Criteria for Non-Profit Entities and Alternative Financial Criteria for Non-Bond Issuing Licensees (Pans 30,40,50, 70,72) ........................................................ 23

45. Administration of Byproduct Material or Radiation to Patients Who May Be Pregnant (Part 35) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

46. Codes and Standards for Nuclear Power Plants (Part 50) . . . . . . . . . . . . . . . . . 24 vil NUREG-0936 i

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i (D) Unpublished Rules (continued) l 3

47. Performance-Oriented Requirements for Fire Protection of Nuclear Power Facilities (Pan 50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

47. Power Reactor Facilities Under a Possession Only License (Part 50) ..... . 25

49. Revision to Nuclear Power Reactor Decommissioning Cost Requirements (Part 50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26  ;

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50. Audit Frequency for Emergency Planning and Security * (Part 50 ) . . . . . . . . . 26

51. Standardized Plant Designs, Early Review of Site Suitability Issues; Clarifying Amendments (Parts 50. 5 2, 14 0) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 .

52. Initial Operator License Examination Requirements * (Part 55 ) . . . . . . . . . . . 27

53. Domestic Licensing of Special Nuclear Material-Revision (Part 70 ) ....... 28 f

54. Fissile Material Shipments and Exemptions * (Pan 71) . . . . . . . . . . . . . . . . . . 28

55. Requirements for Shipping Packages Used to Transpon Vitrified Wastes Containing Plutonium * (Part 71) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28  :

56. Changes to Nuclear Power Plant Security Requirements (Part 73) ......... 29 I

57. Revision of Fee Schedules; 100 Percent Fee Recovery, FY 1997 i (Pans 170, 171 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 9 j L

58. Nuclear Regulatory Commission Acquisition Regulation (48 CFR Chapter 20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30  !

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Contents (A) Petitions incorporated into final rules or petitions denied since June 28,1996

1. IsoStent, Inc. (PRM 14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 1

2. Heartland Operation to Protect the Environment (PRM-61-3) . . . . . . . . . . . . . 31 l

(B) Petitions incorporated into proposed rules l

None (C) Petitions pending staff review

3. Ohio Citizens for Responsible Energy, Inc. (PRM-9-2) . . . . . . . . . . . . . . . . . . 33

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4. Keith J. Schiager, Ph.D., et al. (PRM-20-21) . . . . . . . . . . . . . . . . . . . . . . . . . 33 1

5. University of Cincinnati (PRM-20-24) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

6. Nuclear Energy Institute (NEI)* (PRM-30-61) . . . . . . . . . . . . . . . . . . . . . . . . 34

7. mb-microtec (USA) (PRM-32-4) .. ................... ............ 34

8. Amersham Corporation (PRM-34-5) ................................ 34

9. Tri-Med Specialties, Inc. (PRM-35-12) ....... ...................... 35

10. National Registry of Radiation Protection Technologists (NRRPT) (PRM-35-13) ................. ........................ 35

11. North Carolina Public Utility Commission (PRM-50-57) ................ 35

12. Virginia Electric and Power Company (PRM-50-59) . . . . . . . . . . . . . . . . . . . . 36

13. Virginia Electric and Power Company (PRM-50-60) . . . . . . . . . . . . . . . . . . . . 36

14. Nuclear Energy Institute (PRM-50-61) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

15. Nuclear Energy Institute (PRM-50-62) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 I 16. P:ter G. Crane (PRM-50-63) ......................................37

17. Nuclear Energy Institute (PRM-70-7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

18. U.S. Department of Energy (PRM-71-11) ............... . ......... 38 l

19. Portland General Electric Company (PRM-72-2) . . . . . . . . . . . . . . . . . . . . . . . 38

! 20. Fawn Shillinglaw (PRM-72-3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

21. Envirocare of Utah, Inc. (PRM-150-2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 ix NUREG-0936

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(A) FINAL RULES PUBLISIIED SINCE JUNE 28,1996 i i i ,

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NRC Regulatory Agenda Final Rules i

1. Adjustment of Civil Monetary 10/21/96 Penalties for Inflation * (Parts 2,13)

Legal Authority: 42 USC 2201; 42 ,

RIN: 3150-AF57 USC 5841  !

Abstract. The final rule amended the Effects on Small Business and Other

. Commission's regulations to adjust the Entities. None

. maxi mum Civil Monetary Penalties under statutes within thejurisdiction of the NRC. Agency

Contact:

Mark Au, Office of These changes are mandated by Congress in Nuclear Regulatory Research,(301) the Federal Civil Penalties Inflation Adjust- 415-6181 ment Act of 1990, as amended by the Debt Collection Improvement Act of1996.

3. Resolution of Dual Regulation of l Timetable: Final Rule Published Airborne Effluents of Radioactive l 10/11/96 61 FR53554 Materials; Clean Air Act (Part 20 )

Final kule Effective I1/12/96 RIN: 3150-AF31 Legal Authority: 42 USC 2201; 42 Abstract. The final rule amended the USC 5841 Commission's regulations to provide a constraint level for air emissions of radio-Effects on Small Business and Other nuclides of 10 mrem /yr, similar to the Entitles. Yes program developed pursuant to 10 CFR Part 50, Appendix I, for power reactors. The l Agency

Contact:

Geoffrey D. Cant, amendment applies to NRC licensees other  !

Office of Enforcement, Office of Nuclear than power reactor licensees. This action is i Regulatory Research, (301) 415-6181 part of an ongoing effut to develop a basis

, for recision of the Environmental Protection Agency's regulations in 40 CFR Part 61.

2. Deletion of Outdated References and Minor Changes (Parts 2,51) Timetable: Final Rule Published 12/10/96 61 FR 65120 RIN: 3150-AF43 Final Rule Effective

01/09/97 Abstract. The direct final rule amended the Commission's regulations by Legal Authority: 42 USC 2201; 42 deleting outdated references. This direct USC 2231; 42 USC 2241: 42 USC 2282 final rule clarifies that the NRC may use discretion to not require a written statement Effects on Small Business and Other from a licensee in response to a notice of Entities. None violation if the NRC believes that the

, licensee had already adequately addressed Agency

Contact:

Charleen T. Raddatz, all the issues contained in that notice. Office of Nuclear Regulatory Research, (301) 415-6215 Timetable: Direct Final Rule Published 08/22/96 61 FR 43406 Direct Final Rule Effective 1 NUREG-0936

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t Final Rules - NRC Regulatory Agenda [

4. Reactor Site Criteria Including nuclear power plant and release of the  ;

Seismic and Earthquake Engineering propeny for unrestricted use. The amend- l Criteria for Nuclear Power Plants ment clarifies ambiguities that have arisen in (Parts 21,50,52,54,100) the past and codifies practices that have been  :

used for other licensees on a case by-case RIN: 3150-AD93 basis.

i Timetable: Final Rule Published  :

Abstract. The final rule amended the Commission's regulations to update the 07/29/96 61 FR 39278 criteria used in decisions regarding power Final Rule Effective reactor siting, including geologic, seismic, 08/28/96  ;

and canhquake engineering consideratie::s l for future nuclear power plants. The final Legal Authority: 42 USC 5841;42 i rule allows the NRC to benefit from USC 5842; 42 USC 5846 experience gained in the application of the procedures and methods set forth in the Effects on Small Business and Other cunent regulation and to incorporate the Entities. None rapid advancements in the canh sciences and .

earthquake engineering. Agency

Contact:

Carl Feldman, Office of Nuclear Regulatory Research, (301)

The Commission has also denied the 415-6194 remaining issue in a petition for rulemaking ,

filed by Free Environment, Inc., et al.

(PRM-50-20). 6. Codes and Standards for Nuclear .

Power Plants; Subsection IWE and ,

Timetable: Final Rule Published Subsection IWL (Part 50)  !

12/11/96 61 FR 65157 L Final Rule Effective RIN: 3150-AC93 01/10/97 i

Abstract. The final rule incorporated Legal Authority: 42 USC 2201; 42 by reference Subsection IWE, USC 5841 " Requirements for Class MC Components of Light-Water Cooled Power Plants," and Effects on Small Business and Other Subsection IWL, " Requirements for Class Entities. Undetermined CC Concrete Components of Light-Water Cooled Power Agency

Contact:

Roger Kenneally, Office of Nuclear Regulatory Research, Plants," of Section XI(Division 1) of the (301) 415-6303 American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code).

5. Decommissioning of Nuclear Power Reactors (Part 50) Timetable: Final Rule Published 08/08/96 61 FR 41303 RIN: 3150-AE96 Final Rule Effective 09/09/96 Abstract. The final rule amended the Commission's regulations on the Legal Authority: 42 USC 2201; 42 decommissioning procedures that lead to the USC 5841 termination of an operating license for a NUREG-0936 2

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. NRC Regulatory Asenda Final Rules ENects on Small Business and Other requirements of 10 CFR Part 60 and Entities. None different interpretations of the rulemaking record have been clarified. This final rule

( Agency

Contact:

Wallace E. Norris, enables the Department of Energy to-Office of Nuclear Regulatory Research, proceed with the development of a proposed (301) 415-67 % design for a geologic repository.

Timetable: Final Rule Published

7. Removal of 10 CFR Part 53 - Criteria 12/04/96 61 FR 64257 and Procedures for Determining the Final Rule Effective Adequacy of Available Spent Nuclear 01/03/97 Fuel Storage Capacity (Part 53) I Legal Authority: Public Law 97-425; RIN: 3150-AF47 42 USC 10101 3

Abstract. The final rule amended the ENects on Small Business and Other Entities. None Commission's regulations by removing 10 CFR Part 53," Criteria and Procedures for Determining the Adequacy of Available Agency

Contact:

Richard A. Weller, Spent Nuclear Fuel Storage Capacity," from Office of Nuclear Material Safety and the Code of Federal Regulations. Safeguards, (301) 415-7287 Timetable: Final Rule Published j 07/09/96 61 FR 35935 9. Nuclear Power Reactor Physical i Final Rule Effective Protection Requirements Update 08/07/96 (Part 73)

Legal Authority: 42 USC 2201; 42 RIN: 3150-AFI1

. USC 5841 Abstract. The proposed rule would ENects on Small Business and Other have amendec the Commission's regulations Entities. None regarding seu rity requirements at nuclear power plants. This rule is related to the i Agency

Contact:

Gorden Gundersen, proposed rule entitled, " Changes to Nuclear Office of Nuclear Regulatory Research, Power Plant Security Requirements (RIN (301) 415-6195 3150-AF53)," and is ' ing incorporated into that rule.

8. Disposal of High Level Radioactive Timetable: Incorporated into Proposed Wastes in Geologic Repositories; Rule 12/29/96 i Design Basis Events (Part 60)

Legal Authority: 42 USC 2073; 42 RIN: 3150-AD51 USC 2167; 42 USC 2201; 42 USC 2297f; 42 USC 5841; 42 USC 5844 Abstract. The final rule amended the i

Commission's regulations to clarify pre. ENects on Small Business and Other closure regulatory requirements for high- Entities. None

, level waste geologic repositories. Several issues associated with preclosure regulatory 3 NUFlEG-0936 1

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Final Rules NRC Regulatory Amenda i

Agency

Contact:

Sandra Frattali, Office nuclear nonproliferation policies of the  ;

of Nuclear Regulatory Resesrch,(301) Department of State.

415-6261 Timetable: Final Rule Published -

07/08/96 61 FR 35600 '

10. Export of Nuclear Equipment and Final Rule Effective Materials (Part 110) 08/07/96 RIN: 3150-AF51 Legal Authority: 42 USC 2201; 42 USC 5841 ,

Abstract. The final rule amended the  :

Commission's regulations pertaining to the Effects on Small Business and Other -

export of nuclear equipment and materials. Entities. None These amendments conform the export control guidelines of the United States to the Agency

Contact:

Elaine Hemby, Office '

international export control guidelines of the of International Programs, (301) 415-2341 l

Nuclear Suppliers Group and reflect the l

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NRC Regulatory Agenda Proposed Rules

11. Availability of Official Records (Part r Timetable: P_oposed l Rule Published

2) 12/23/92 57 FR 61013 Comment Period Closed RIN: 3150-AC07 03/08/93 Abstract. The Final Rule Published would conform the Nkroposed amendment C s regulations Unde' ermined pertaining to the availability of official l records to existing case law and agency Legal Authority: 42 USC 2201:42 USC l practice. The amendment would reaffirm that 5841 E 10 CFR 2.790(c) provides submitters of j information a qualified right to have their Effects on Small Business and Other i information returned upon request. This Entitles. None amendment informs the public of three '

additional circumstances where information Agency

Contact:

Catherine M. Holzle, will not be returned to the applicant,i.e., Office of the General Counsel,(301)

Information which has been made available 415-1560 to an advisory committee or was received at an advisory committee meeting,information discussed at an open Commission meeting 12. Reporting Requirements for under the Government in Sunshme Act, and Unauthorized Use of Licensed mformation that is subject to a pendmg Freedom ofinformation Act request. Radioactive Material (Part 20) l The proposed amendment would also RIN: 3150-AF44

. address the NRC's procedures for handling Abstract- The pr osed mie would

[u r s ri ution'according t ormal add a new re[1uirement for licensees to no,tify the agency practice. The NRC, in receiving pf h,NRC Operations censed radioactive materialCenter from its of any diversj submittals and making its normal distnbu-

~

tions, routinely photocopies submittals, ntended or authonz,ed use. The pro osed i makes microfiche of the submittals, and rule would require, licensees to noti y the ensures that these fiche are distributed to the NRC of these meidents that are either Public Document Room, local Public intentional or allegedly intentional as soon as Document Rooms, all appropriate intemal p ssible or, where the licensee,is unable t,o offices, and made available to the National rule out that the use was intentional, withm Technical Information Service. This broad 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> of, discovery. The proposed rule distribution and reproduction is made to w uld require reportmp of events that could increase public understanding of the peaceful lead to an exposure of mdividuals whether or uses of atomic energy. The proposed rule n t the exposure exceeds the regulatory would not prevent submitters from applying limits.  ;

10 CFR 2.790(b)(1) procedures to informa-tion that contams trade secrets or privileged Timetable: Prop sed Rule Published or confidential commercial or financial 01/31/96 61 FR 3334 information (proprietary information) and it Comment Penod Closed is recognized that some information in those 03/01/96 categories may be copyrighted. Proprietary .

infonnation status exempts this material from Extension of Comment public disclosure and is not to be confused P bl with handhng pursuant to copynght 96 6)$ 7431 designation.

Comment Period Closed 03/31/96 5 NUREG-0936

Proposed Rules NRC Regulatory Agenda Final Rule Published decommissioning activities and license '

04/00/97 terrninations can be accomplished. The framework will ensure adec uate protection of Legal Authority: 42 USC 2201; 42 USC public health and safety and identify residual 5841 radioactivity criteria upon which licensees can confidently develop reasonable and Effects on Small Business and Other responsible decommissioning plans. t Entities. None Timetable: Proposed Rule Published Agency

Contact:

Mary Thomas, Office 08/22/94 59 FR 43200 of Nuclear Regulatory Research,(301) Comment Period Closed ,

415-6230 12/20/94 ,

Final Rule Published

13. Radiological Criteria for License 06/00/97 Termination (Parts 20,30,40,50,51, -

70,72) L? gal Authority: 42 USC 2201;42 USC 5841 RIN: 3150 AD65 Effects on Small Business and Other Abstract. The proposed rule would Entities. Yes amend the Commission s regulations to codify the basic arinciples and radiological Agency

Contact:

Frank Cardile, Office critena that wou d allow decommissioned of Nuclear Regulatory Research, (301) lands and structures to be released for 415-6185 unrestricted public use. In the final rule i entitled," General Requirements for Decommissioning Nuclear Facilities" 14. Minor Corrections and Clarifying (June 27,1988; 53 FR 24018), the need and Changes and a Minor Policy Change urgency for guidance with respect to residual (Parts 20,32,35,36,39) I contamination criteria was expressed. At that time, it was anticipated that an inter-agency RIN: 3150-AF46 working group organized by the Environ-mental Protection Agency would develop Abstract. The proposed rule would necessary Federal guidance. However, in the amend the Commission s regulations to absence of significant progress by the incorporate minor conections and clarifying interagency working group, the Commission changes to 10 CFR Part 20 and also make has directed that the NRC expedite conforming changes to 10 CFR Parts 32,35, rulemaking because the require-ments, once 36, and 39. In addition, a minor policy -

final, will provide licensees with an incentive change is proposed that would revise the to complete site decommissionings. monitoring criterion for minors and for declared pregnant women.

The proposed rule would establish basic radiological criteria for release oflands and Timetable: Proposed Rule Published stmetures. Measurables, in the form of 10/07/96 61 FR 52388 surface and volume radioactivity Comment Period Closed concentrations and site radioactivity 12/23/96 inventory values, would be provided in supporting regulatory guidance. These Final Rule Published combined activities should benefit the public, 09/00/97 industry, and the NRC by providing a risk-based framework upon which NUREG-0936 6

' NRC Regulatory Atenda Proposed Rules  ;

Legal Authority: 42 USC 2201; 42 USC Arney

Contact:

Stewart Schneider, 2231; 42 USC 2241; 42 USC 2282 Offic of Nuclear Regulatory Research,(301)

< 4*a-6225 Effects on Small Business and Other .

Entities. None

16. Access to and Protection of Classified Agency

Contact:

Jayne M. McCausland. Information (Parts 25,50,54,95)

Office of Nuclear Regulatory Research, (301) 415-6219 RIN

3150-AF37 Abstract. The proposed mie would i'

15. Criteria for the Release of Patients amend the Commission's regulations-Administered Radioactive Material conforming NRC policy for access to and (Parts 20,35) protection of National Security Information and Restricted Data to new national policies RIN: 3150-AE41 for the protection of this type of information.

The existing regulations were issued before Abstract. The proposed rule would the October 31,1994, approval of the amend the Commission s argulations to National Industrial Secunty Program revise the patient release criteria contained in Operating Manual (NISPOM) by the Deputy

. 10 CFR 35.75, and the applicability of the Secretary of Defense and the April 17,1995,

, dose limits for members of the public in 10 and August 2,1995, signature of Executive

CFR 20.1301. Orders 12958, " Classified National Security

Information," and 12968," Access to The Commission has received three Classified Information," by the President.

xtitions for rulemaking, PRM-20-20 The NISPOM establishes a uniform PRM-35-10, and PRM-35-11, to amend its Government policy for the rotection of j regulations regarding radiation exposure that classified National Securit Information and '

individuals may receive from patients who Restricted Data within ind strial facilities have been medically administered radioactive under a contractural or other (e.g., license) materials, and the criteria under which this legal relationship with the Government.

patient may be released from confinement. Executive Order 12958 revises the The petitioners believe that the current government-wide requirements for requirements of Parts 20 and 35 would cause classification and protection of National patients to be confined unnecessarily beyond Security Information, and Executive Order the time needed for medical reasons. 12968 revises the government-wide requirements for access to National Security Timetable: Pro msed Rule Published Information. The current 10 CFR Parts 25

. 06/15/94 59 FR 30724 and 95 are not fully compliant with the Comment Period Closed requirements of the NISPOM and the new 08/29/94 Executive Orders. Some areas of inconsistency are revised accountability ,

Final Rule Published requirements for Secret information, revised i 01/29/97 reguirements for review of foreign owner-shn, control or influence considerations, new Legal Authority: 42 USC 2201; 42 USC locling mechanism requirements, etc. These 5841 regulations must be amended tu eare their consistency with established national policy j for the protectiou of classified information. )

Effects on Small Business and Other Entities. None The proposed rule would have no impact on the public, since they do not possess NRC 7 NUREG-0936

Proposed Rules NRC Regulatory Agenda classified information, minimal impact on the resubmit the SECY paper to address a backfit nuclear industry since it principally involves analysis. The staff proposals as resubmitted procedural changes for the small segment of to the Commission m, SECY-95-262 in the industry that does possess classified October 1995, were published in the Federal information, and limited impact on NRC Register on May 9,1996 (61 FR 21105).

since it slightly increases the amount of Thirty-seven individuals provided security processing involved in granting approximately 1,000 comments. The staff is facility security clearances, currently analyzing these comments.

Timetable: Proposed Rule Approved Timetable: Proposed Rule Approved by the EDO by the EDO 03/0U93 05/01/95 Proposed Rule Published 05/09/96 61 FR 21105 Proposed Rule Published Comment Period Closed 08/05/96 61 FR 40555 08/07/96 Comment Period Closed 10/04/96 Final Rule Published 12/00/97 Final Rule Published 02/00/97 Legal Authority: 42 USC 2201; 42 USC 5841 legal Authority: 42 USC 2165;42 USC 2201; 42 USC 2273; 42 USC 5841; Effects on Small Business and Other E.O.12829; E.O.12958; E.O.10865 Entitles. None Effects on Small Business and Other Agency

Contact:

Loren Bush, Office of  ;

Entitics. None Nuclear Reactor Regulation, (301) 415-2944 Agency

Contact:

Duane G. Kidd, Office of Administration,(301)415-7403 18. Deliberate Misconduct by Unlicensed Persons (Parts 30,40,50,60,61,70,72, 150)

17. Fitness for Duty (Part 26)

RIN: 3150-AF35 RIN: 3150-AF12 Abstract. The proposed mie would Abstract. The proposed rule would amend the Commission s regulations to put amend the Commission's fitness for duty applicants for NRC licenses and other regulations. This proposed rule would also unlicensed persons doing work for applicants  ;

address the petition for rulemaking from on notice that they may be subject to ,

Virginia Electric and Power Company enforcement action under the Commission's (PRM-26-1), and address the Regulatory existing regulations regarding deliberate Review Group items on audit frequency and misconduct. The current regulations require annual submittal of data. The Virginia that all information submitted to the Electric and Power Company requested that Commission be complete and accurate. This the Commission amend its fitness-for-duty proposed rulemaking would correct an regulations to change the frequency that apparent oversight from when the Deliberate licensees are required to audit their fitness- Misconduct rule was adopted in 1991 and for-duty programs from annually to make that rule apply to applicants and to their biennially. The Commission and the EDO em aloyees, coutractors, and subcontractors, approved the staff proposals in inc .udmg consultants.

SECY-92-308, but asked that the staff ,

NUREG-0936 8

NRC Regulatory Agenda Proposed Rules Timetable: Proposed Rule Published Final Rule Published 10/04/O' 51 FR 51835 Undetermined Comment Period Closed '

'12/18/96 Legal Authority: 42 USC 2111; 42 USC 2114; 42 USC 2201 Final Rule Published 09/00/97 Effects on Small Business and Other Entities. Yes

, Legal Authority: 42 USC 2201; 42 USC 5841 Agency

Contact:

Joseph J. Mate, Office of Nuclear Regulatory Research, (301)

Effects on Small Business and Other 415-6202 Entitles. Undetermined Agency

Contact:

Tony DiPalo, Office of 20. Requirements Concerning the l Nuclear Regulatory Research. (301) Accessible Air Gap for Generally  !

415-6191 Licensed Devices (Parts 31,32) i RIN: 3150-AD82

19. Requirements for Possession of Industrial Devices Containing Abstract. The proposed rule would Byproduct Material (Parts 31,32) amend the Commission s regulations to prevent unnecessary radiation exposure to RIN: 3150-AD34 mdividuals resulting from the use of gauging ,

devices containing radioactive sources. These Abstract. The proposed mie would devices are routinely used for measuring amend the Commission s regulations for the material density, level, wei ght, moistune, and 30ssession ofindustrial devices containing thickness. The proposed ru e would provide i

ayproduct material to rec luire device users to for additional regulatory control over devices report to the NRC initially and then on a with both an accessible air gap and radiation periodic basis. The report would indicate that levels that exceed specified values.

the device is still in use or to whom the device has been transferred. The pro msed Timetable: Proposed Rule Published i rule would be the most efficient met lod, 11/27/92 57 FR 56287 considering the number of general licensees Comment Period Closed i and the number of devices currently in use, 03/29/93 for assuring that devices are not improperly transferred or inadvertently discarded. The Final Rule Published proposed rule is necessary to avoid Undetermined unnecessary radiation exposure to the public that may occur when an im 3ro 3erly discarded Legal Authority: 42 USC 2073; 42 USC device is included in a bate ) of scrap metal 2093; 42 USC 2111: 42 USC 2232; 42 USC for reprocessing. The proposed rule would 2233; 42 USC 2273; 42 USC 5842 also avoid the unnecessary ex rnse involved in retrieving the manufacturec. items Effects on Small Business and Other fabricated from contaminated metal. Entities. None Timetable: Proposed Rule Published Agency

Contact:

Stephen McGuire, 12/2~ 7/91 56 FR 67011 Office of Nuclear Regulatory Research, Comment Period Closed (301)415-6204 03/12/92 9 NUREG-0936

NRC Regulatory Agenda Proposed Rules

21. Radiography and Radiation Safety Agency

Contact:

Donald Nellis, Office Requirements for Radiographic of Nuclear Regulatory Research, Operations (Part 34) (301) 415-6257 i RIN: 3150-AE07 l 22. Shutdown and Fuel Storage Pool Abstract. The proposed rule would Operation at Nuclear Power Plants ,

amend the Commission s re ;ulations on (Part 50) licenses for radiography anc radiation safety requirements for radiographic operations. RIN: 3150-AE97 1 The proposed rule would revise 10 CFR Part 34 to clarify the requirements in 6 34.27 and Abstract. The proposed mle would  !

conform Part 34 with the approach developed amend the Commission s regulations by by the Conference of Radiation Control adding regulatory requirements for shutdown  :

Program Directors, Inc. (Part E of the and fuel storage pool operations at

" Suggested State Regulations for Control of commercial nuclear power plants. Fuel  :

Radiation"), and the State of Texas in Part 31 storage pool operation was recently i

' of the Texas Regulations for Control of incorporated into the proposed rule. Due to i Radiation. Comments and suggestions from the nature of the comments received on the regulatory groups, users, and manufacturers original proposed rule (October 19,1994; 59 ,

will be considered in the overall revision. FR 52707), the staff determined that the  !

The NRC will also consult Canadian atomic proposed rule, the regulatory analysis, and energy control regulations that relate to the regulatory guide would be rewritten. The radiography. current approach for the revised proposed i rule reflects a risk-informed and performance l The proposed rule is necessary because of based approach for shutdown operations,  ;

frec uent misinterpretations of the provisions including an optional approach for spent fuel )

of ' art 34 and the need to clarify the pool operations. The pro;osed rule would requirements of 10 CFR 34.27. The staff is provide licensees flexibi:ity while ensuring '

4 currently preparing an options paper which that operational limits are established to will examme the issues, set priorities, and protect public health and safety.

provide direction for the rulemaking proposed. This proposed rule would also Timetable: Proposed Rule Approved respond to a petition for rulemaking from by the EDO 07/93  !

Intemational Union of Operating Engineers -

Local No. 2 (PRM-34-4). Proposed Rule Published 10/19/94 59 FR 52707  ;

Timetable: Proposed Rule Published Comment Period Closed 02/28/94 59 FR 9429 01/03/95 1 Comment Periut Closed Revised P sed Rule 05/31/94 Published 07/00/97  ;

Final Rule Published Final Rule Published 05/00/97 06/00/98 Legal Authority: 42 USC 2201; 42 USC Legal Authority: 42 USC 2201; 42 USC 5841 5841 Effects on Small Business and Other Effects on Small Business and Other I Entitles. Yes Entities. None l

NUREG-0936 10

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NRC Regulatory Amenda Proposed Rules Agency

Contact:

Warren Lyon, Office 24. Addition of Raden-222 and of Nuclear Reactor Regulation, (301) ' Technetium-99 Values to Table S-3 and 415-3892 Revisions Resultin g from Consideration of li igher Burnup Fuel (Part 51)

23. Reporting Reliability and Availability Information for Risk-Significant RIN: 3150-AA31 Systems and Equipment (Part 50)

Abstract. The proposed mle would 4

RIN: 3150-AF33 amend the Table of Uramum Fuel Cycle Environmental Data (Table S-3) by adding

' Abstract. The proposed rule would new estimates for potential releases of j amend the Commission s regulations to technetium-99 and radon-222 and by require that licensees for commercial nuclear updating other estimates. The proposed rule's power reactors report summary reliability and narrative explanation (NUREG-1481) also l availability data for risk-significant systems describes the basis for the values contained in and equipment to the NRC. The proposed Table S-3, explains the environmental effects i rule would also require licensees to maintain of these potential releases from the LWR onsite, and to make available for NRC Fuel Cycle, and wstulates the potential inspection. records and documentation that radiation doses, acalth effects, and ,

provide the basis for the summary data environmentalimpacts of these potential reported to the NRC. This proposed mle is releases. The proposed rule would also necessary to substantially improve the NRC's amend 10 CFR 51.52 to modify the ability to make risk-effective regulatory enrichment value of U-235 and the maximum decisions, which would enhance both level of average fuel irradiation (burnup in efficiency and protection of public health and megawatt-days of thermal power per metric safety. ton of uranium). The narrative explanation also addresses important fuel cycle im pacts Timetable: Proposed Rule Approved and the cumulative impacts of the nuclear f by the Commission fuel cycle for the whole nuclear 3ower l 10/24/95 industry so that it may be possibLe to consider i these im 3 acts generically rather than j Pro msed Rule Published repeated.y in individual licensing l 02/.,2/96 61 FR 5318 proceedings, thus reducing potential litigation 1 Comment Period Closed time and costs for both NRC and applicants.

06/11/96  !

The proposed revision of 10 CFR 51.51 Final Rule Published and the narrative explanation was published 12/00/97 for public review and comment on March 4, 1981 (46 FR 15154). The final rulemaking Legal Authority: 42 U.S.C. 2201,42 was deferred pending the outcome of a suit U.S.C. 5841 (Natural Resources Defense Council, et al. v.

NRC, No. 74-1486) in the U.S. Circuit Court i Effects on Small Husiness and Other of Appeals. The U.S. Court of Appeals (D.C.

Entities. None Circuit) decision of April 27,1982, ,

invalidated the entire Table S-3 rule. The Agency

Contact:

Dennis Allison, Office Supreme Court reversed this decision on June for Analysis and Evaluation of Operational 6,1983.

Data,(301) 415-6835 The proposed rule and the explanatory narrative for Table S-3, NUREG-1481, have been revised to reflect new modeling 11 NUREG-0936 i

i

l Proposed Rules NRC Regulatory Agenda developments during the time the rulemaking the DCD. General Electric has prepared the was deferred. Final action on the Table S-3 DCD for the ABWR design, which contains rule was held in abeyance until new values the design information to be certified by the for radon-222 and technetium-99 could be rule and approved by the rule (so-called Tier added to the table and covered in the 1 and Tier 2 information). The NRC is narrative explanatiou. The rule is being reviewing two applications for standard reissued as a proposed rule because the scope design certifications for two evolutionary ,

has been expanded to include radiation nuclear power plant designs pursuant to Part i values for radon-222 and technetium-99 and 52 (see " Design Certification for System the narrative explanation has been 80+" (RIN No. 3150-AF15)). '

extensively revised from that published on March 4,1981 (46 FR 15154). Timetable: ANPRM Approved By the EDO 12/91 Timetable: Proposed Rule Published 03/04/81 46 FR 15154 ANPRM Published Comment Period Closed 11/03/93 58 FR 58664 05/04/81 Comment Period Closed 01/03/94 Proposed Rule Published Undetermined Proposed Rule Published 04/07/95 60 FR 17902 ,

Legal Authority: 42 USC 2011; 42 USC Comment Period Closed 2201; 42 USC 4321; 42 USC 08/07/95 5841; 42 USC 5842 '

Extension of Comment Effects on Small Business and Other Period Published Entities. None 05/30/96 61 FR 27027 Comment Period Closed l Agency

Contact:

Stanley Turel, Office 07/23/96 of Nuclear Regulatory Research, (301) 415-6234 Final Rule Published Undetermined ,

25. Design Certification for Advanced Legal Authority: 42 USC 2201; 42 USC 1 Boiling Water Reactor (ABWR)(Part 5841 52)

Effects on Small Business and Other RIN: 3150-AE87 Entities. None Abstract. The proposed rule would Agency

Contact:

Jerry N. Wilson, revise the Commission s regulations by Office of Nuclear Reactor Regulation, cenifying the U.S. Advanced Boiling Water (301) 415-3145 Reactor (ABWR) standard design in accordance with the requirements of Part 52.

If a standard design is cenified, then an 26. Design Certification for System 80+

applicant for a combined license that (Part 52) references the certified design will be assured of receiving an approval for the ponion of the RIN: 3150-AF15 plant that was approved in the certification rulemaking. This amendment references the Abstract.The proposed rule would design control document (DCD) and sets revise the Commission s regulations by forth the process for changing information in certifying the System 80+ standard design in NUREG-0936 12

_ _ . . . . ~ _ _ _ _ _ . - _

l NRC Regulatory Amenda Proposed Rules accordance with the requirements of Part 52. Agency

Contact:

Jerry N. Wilson, if a standard design is certified, then an Office of Nuclear Reactor Regulation, (301) applicant for a combined license that 415-3145 references the certified design will be assured of receiving an approval for the portion of the  !

design that was approved in the certification 27. Elimination ofInconsistencies rulemaking. This amendment references the Between NRC Regulations and EPA design control document (DCD) and sets HLW Standards (Part 60) forth the i the DCD.ABB-Combustion process for changing information 3ngineering has in RIN: 3150-AC03 j prepared the DCD for the System 80+ design, which contains the design information to be Abstract. Th: proposed rule would cenified by the rule and approved by the rule eliminate several inconsistencies with the (so-called Tier 1 and Tier 2 information). The EPA standards to be developed for the NRC is reviewing two applications for disposal of HLW in deep geologic standard design certifications for two repositories. The Nuclear Waste Policy Act evolutionary nuclear power plant designs of 1982 (NWPA) directs the NRC to issue pursuant to Part 52 (see " Design Cenification criteria for the licensing of HLW geologic for Advanced Boiling Water Reactor repositories. Section 121(c) of this Act states (ABWR)"(RIN No. 3150-AE87)). that the criteria for the licensing of HLW geologic repositories must be consistent with Timetable: Rulemaking Approved these standards. The proposed mle is by the EDO 03/89 necessary to eliminate several inconsistencies with the EPA standards, thus fulfilling the j ANPRM Published statutory requirement.  ;

11/03/93 58 FR 58664 i Comment Period Close Because the Federal Coun invalidated 01/03/94 the EPA standards, action on this rule is undetermined. Congress has authorized the Proposed Rule Published National Academy of Sciences to recommend I 04/07/95 60 FR 17924 HLW standards to EPA for specific Comment Period Closed application to Yucca Mountam. The EPA 08/07/95 must issue new standards upon completion of the National Academy of Sciences Review.

Extension of Comment Period Published Timetable: Pro msed Rule Published l 05/30/96 61 FR 27027 06/ 9/86 51 FR 22288 Comment Period Closed j Comment Period Closed 08/18/86 07/23/96 Final Rule Published -

Final Rule Published Undetermined Undetermined Legal Authority: 42 USC 2201; 42 USC 5841 Effects on Small Business and Other Entities. None Effects on Small Business and Other .

Entitles. None 13 NUREG-0936

1 Prapa-I Rules NRC Regulatory Agenda Agency

Contact:

Sher Bahadur, Office 29. Safeguards for Spent Nuclear Fuel or of Nuclear Regulatory Research,(301) High-Level Radioactive Waste (Parts 415-6237 60,72, 73,75)

RIN: - 3150-AF32 l

28. Clarification of Assessment Requirements for Siting Criteria and Abstract. The proposed rule would Performance Objectives (Part 60) amend the Commission s regulations to clarify safeguards requirements for spent i

RIN: 3150-AE40 nuclear fuel or high-level radioactive waste stored at independent spent fuel storage -

Abstract. The proposed rule would installations, power reactors that have -

amend the Commission s regulations permanently ceased reactor operations, concerning regulatory requirements for monitored retrievable storage installations, licensing of high-level waste geologic and geologic repository operations areas. This ,

rule would allow general licensees the option repositories. A June 30,1995, Staff Requirements Memorandum, SECY 95-019, of implementing the proposed safeguards disapproved issuance of the proposed final requirements for spent nuclear fuel stored in amendments at this time because of approved casks at operating power reactor significant Congressional activity with regard sites. This action is necessary to reduce the to the Nuclear Waste Policy Act, and directed regulatory uncertainty regarding the staff to reconsider the need for the saieguards requirements for the storage of .

amendments or guidance upon determining spent nuclear fuel and hi ;h-level radioactive i that the le,gislative situation has stabilized. waste without reducing t 1e level of protection The staff is 11anning to withdraw this for public health and safety.

proposed ru emaking. The proposed revisions I addressed by this action will be considered as Because the proposed requirements part of a major revision to Part 60 to make it clarify and codify the existing regulatory consistent with the Environmental Protection aractice, there would not be any additional ,

Agency's Yucca Mountain standards. Jurden placed on current licensees. However, the NRC would derive a cost savings through i Timetable: Proposed Rule Published a more efficient licensing process. Licensees 07/09/93 58 FR 36902 may also derive a cost savings, e ;;., if their Comment Period Closed current license conditions require guard >

10/07/93 patrols every 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br />; under the proposed rule these patrols would be rec uired every 8 Notice of Withdrawal hours. The industry woulcl benefit from a Published Undetermined reduction of current regulatory uncertainties. i The public would benefit from a greater level Legal Authority: 42 USC 10101; of assurance that appropriate safeguards '

Public Law 97-425 requirements are being imposed on spent nuclear fuel and HLW storage licensees Effects on Small Business and Other through public review and comment on the Entities. None proposed rule. The NRC would benefit as a result of a more efficient licensin ; process. ,

Agency

Contact:

Sandra Wastler, The DOE would benefit from a clear Office of Nuclear Material Safety and statement of the safeguards measures the Safeguards,(301) 415-6724 Commission plans to require for the geologic  !

repository.

The proposed rule entitled, " Physical Protection Requirements for Storage of Spent ,

NUREG-0936 14

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NRC Regulatory Agenda Proposed Rules Fuel"(RIN No. 3150-AF30), has been Effects on Small Business and Other incorporated into this rule. Entities. None Timetable: Proaosed Rule Published Agency

Contact:

IIarry Tovmassian,-

08/. 5/95 60 FR 42079 Office of Nuclear Regulatory Research,(301)

Comment Period Closed 415-6231 11/13/95 Final Rule Published 31. Recognition of Agreement State 06/00/97 Licenses in Areas Under Exclusive ,

Federal Jurisdiction Within an Legal Authority: 42 USC 2201; 42 Agreement State (Parts 150,170)

~

USC 5841 RIN: 3150-AF49 Effects on Small Business and Other Entities. None Abstract. The proposed rule would amend the Commission s regulations to allow Agency

Contact:

John Telford, Office Agreement State licensees to seek reciprocal of Nuclear Regulatory Research, (301) recognition of theirlicense from the NRC 415-6229 when they are working within areas of

.:xclusive Federaljurisdiction in Agreement States. The proposed amendment would also

30. Criteria for an Extcaordinary Nuclear clarify the NRC regulatory requirements Occurrence (Part 140) applicable to Agreement State licensees operating under reciprocity and clarify the fee RIN: 3150-AB01 requirements applicable to the Agreement State licensees.

Abstract. The proposed rule would revise the criteria for an extraordinary nuclear Timetable: Pro msed Rule Published occurrence (ENO) to eliminate the problems 06/ .8/96 61 FR 30839 that were encountered in the Three Mile Comment Period Closed Island ENO determination. The Commission 09/03/96 has reevaluated the need for this rulemaking and has determined, based on safety benefit Final Rule Published and cost, that this rulemaking is unnecessary, 01/13/97 and plae to withdraw this proposed rule.

Legal Authority: 42 USC 2201; 42 Timetable: Proposed Rule Published USC 5841 04/09/85 50 FR 13978 Comment Period Closed Effects on Small Business and Other 09/06/85 Entities. Yes Notice of Withdrawal Agency

Contact:

Mark Haisfield, Published Undetermined Office of Nuclear Regulatory Research, (301) 415-6196 Legal Authority: 42 USC 2201; 42 .

USC 2210; 42 USC 5841; 42 USC 5842  !

15 NUREG-0936

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32. Disposal by Release into Sanitary Abstract. The advance notice of Sewerage (Part 20) proposed rulemaking (ANPRM) was published to request public comment on RIN: 3150-AE90 contemplated amendments to the Commission's regulations goveming the Abstract. The advance notice of licensing of source material and mill tailings.

proposed rulemaking (ANPRM) was The Commission has determined that this published to request public comment, rulemaking is unnecessary and plans to mformation, and recommendations on withdraw this ANPRM.

contemplated amendments to the Commission's regulations governing the Timetable: ANPRM Published release of radionuclides from licensed 10/28/92 57 FR 48749 nuclear facilities into sanitary sewer systems.

The Commission believes that by Comment Period Closed incorporating current sewer treatment 01/26/93 technologies, the contemplated rulemaking would improve the control of radioactive Notice of Withdrawal i materials released to sanitary sewer systems Published Undetermined '

by licensed nuclear facilities. This rulemaking would also address a petition for Legal Authority: 42 USC 2201; 42 rulemaking (PRM-20-22) submitted by the USC 5841  :

Northeast Ohio Sewer District (October 20, i 1993; 38 FR 54071). Effects on Small Business and Other Entities. Undetermined Timetable: ANPRM Published 02/25/94 59 FR 9146 Agency

Contact:

Catherine R.

Comment Period Closed Mattsen, Office of Nuclear Regulatory ,

05/26/94 Research,(30l) 415-6264 '

Proposed Rule Published Undetermined 34. Specific Domestic Licenses of Broad Scope for Byproduct Material (Part Legal Authority: 42 USC 2201; 42 33)

USC 5841 RIN: 3150-AF54 Effects on Small Business and Other ,

Entitles. None Abstract. The advance notice of proposed rulemaking (ANPRM) was Agency

Contact:

George Powers, published to request public comments and Office of Nuclear Regulatory Research, suggestions on possible revisions to the .

(301) 415-6212 Commission's regulations governing >

specific licenses of broad scope for i byproduct material to clarify the regulatory

33. Distribution of Source and Byproduct and health and safety basis of current Material: Licensing and Reporting licensing practices and to provide licensees Requirements (Parts 32 and 40) with the flexibility to make certain types of changes to their radiation safety programs.

RIN: 3150-AE33 Part 33 currently provides limited requirements for this type oflicense. In addition to staff efforts considering the 17 NUREG-0936

ANPRMs NRC Regulatory Agenda possible need for clarification of Byproduct Material for Medical Use" (RIN i requirements for broad scope licensees, the 3150-AD69)(12/2/94;59 FR 61767), a more  ;

Incident Investigation Team reviewing a comprehensive quality assurance requirement recent incident involving ingestion of is needed and invited advice and phosphorus-32 at a broad scope facility also recommendations on 20 issues to be recommended that changes to Part 33 be addressed in the rulemaking. The considered. The NRC is also considering Commission has determined that this ,

codification of guidance and license standard rulemaking is unnecessary and plans to review plans for management oversight of withdraw this ANPRM.

broad-scope licensed programs that include '

the role of the Radiation Safety Officer, the Timetable: ANPRM Published responsibilities of the Radiation Safety 1062/87 52 FR 36949 Committee, supervision, qualifications of the Comment Period Closed authorized user, the use of audits and 12/31/87 I

inventory requirements, and security and control oflicensed material. Notice of Withdrawal Published Undetermined l l L Timetable: ANPRM Published 11/14/96 61 FR 58346 Legal Authority: 42 USC 2111; 42 Comment Period Closed USC 2201; 42 USC 5841 i i

02/12/97 Effects on Small Business and Other  !

Proposed Rule Published Entitles. None Undetermined Agency

Contact:

Anthony Tse,  ;

Legal Authority: 42 USC 2111; 42 Office of Nuclear Regulatory Research,  ;

USC 5841 (301)415-6233 l

Effects on Small Business and Other Entities. No. 36. Acceptability of Plant Performance for Severe Accidents; Scope of Agency

Contact:

Patricia Holahan, Consideration in Safety Regulations Office of Nuclear Material Safety and (Part 50) t Safeguards, (301) 415-7847  !

RIN: 3150-AE38 f

35. Comprehensive Quality Assurance in Abstract. The advance notice of Medical Use and a Standard of Care proposed rulemaking (ANPRM) was (Part 35) published to request public comment on i amending the Commission's regulations to l RIN: 3150-AC42 decouple source term and dose calculations  ;

from reactor siting and to permit the use of [

Abstract. The advance notice of updated source term insights for future light proposed rulemaking (ANPRM) was water reactors. The Commission has  ;

published to request public comment on the determined that this rulemaking is extent to which, in addition to the basic - unnecessary and plans to withdraw this i quality assurance procedures (that were ANPRM. ,

addressed in another rulemaking action  !

l entitled " Preparation, Transfer for Timetable: ANPRM Published Commercial Distribution, and Use of 09/28/92 57 FR 44513 j NUREG4)936. I8 l

I

______---_...__A

NRC Regulatory Amenda ANPRMs Comment Period Closed Legal Authority: 42 USC 2201; 42 12/28/92 USC 5841 Notice of Withdrawal ENects on Small Business and Other Published Undetermined Entities. None Legal Au herity: 42 USC 2201;42 Agency

Contact:

Tim Reed, Office of USC 5841 Nuclear Reactor Regulation,(301) 415-1462 EKects on Small Business and Other Entities: Undetermined

38. Revision to Nuclear Power Reactor Agency

Contact:

Charles Ader, Office Dec-:-

'r"-- Financial Assurance of Nuclear Regulatory Research, Implementation bquimments (Part (301) 415-5622 50)

RIN: 3150-AF41

. 37. Steam Generator Tube Integrity for Operating Nuclear Power Plants (Part Abstract. The advance notice of

50) proposed rulemaking (ANPRM) was published requesting public comment on RIN:. 3150-AF04 issues pertaining to the form and content of the nuclear power plant decommissioning Abetract. The advance notice of financial assurance requirement.c as they proposed rulemaking (ANPRM) was related to electric utility deregulation. The published to request public comment on the contemplated amendment would change the Commission's regulations pertaining to steam Commission's regulations to modify the generator tube integrity. The objective of the financial assurance requirements for the rule would be to implement a more flexible decommissioning of nuclear power plants.

regulatory framework for steam generator The impact of deregulation of the power surveillance and maintenance activities that generatmg industry has created uncertainty would maintain adequate assurance of tube with respect to the availability of integrity while allowing a degradation- decommissioning funds and would likely specific management approach. The schedule require a modification of the financial for issuance of the proposed rule is mechanism required by the NRC to provide principally determined by staff analysis of decommissiomng funds when needed. The severe accident risk from degraded tube amendment would also require power reactor performance under postulate:1 conditions and licensees to report periodically on the status subsequent completion of the regulatory of their decommissioning trust funds during analysis. an extended safe storage period.

Timetable: ANPRM Approved Timetable: ANPRM Published by the EDO 02/18/94 04/08/96 61 FR 15427 Comment Period Closed ANPRM Published 06/24/96 09/19/94 59 FR 47817 Proposed Rule Published Comment Period Closed 06/00/97 12/05/94 Proposed Rule Published Legal Authority: 42 USC 2201; 42 06/00/97 USC 5841 19 NUREG-0936

ANPRMs NRC Regulatory Agenda Effects on Small Business and Other Agency

Contact:

Brian J. Richter, Entities. None Office of Nuclear Regulatory Research,(301) 415-6221 l

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Nuclear Regulatory Agenda Unpublished Rules

39. USEC Privatization Act (Public Law Effects on Small Business and Other 104-134)(Parts 2,40,70,76) Entitles. None RIN: 3150-AF56 Agency

Contact:

Thomas E. Smith, Office of the Secretary,(202) 634-3366 Abstract. The direct final rule would amend the Commission's regulations by adding different procedural requirements, and 41. Criteria and Procedures for by changing the way uranium enrichment Determinin;; Eiigibility for Access to facilities are licensed. These changes are Restricted Data or National Security required by Public Law 104-134, which Information or an Employment amends the Atomic Energy Act of 1954. The Clearance (Part 10) direct final rule would contain several new and/or revised licensing / certification RIN: 3150-AF48 requirements specific to the Uranium i Enrichment Corporation and its successor's Abstract. The proposed mie would

! operation of uramum enrichment facilities. amend the Commission's regulations conforming NRC policy for access to and Timetable: Direct Final Rule Published protection of National Security Information 03/00/97 and Restricted Data to new national policies for the protection of this type ofinformation.

Legal Authority: Public Law 104-134, The existing regulations were issued before 110 Stat. I1321-349 the October 31,1994, approval of the National Industrial Security Program Effects on Small Business an6 Other Operating Manual (NISPOM) by the Deputy Entitles. None Secretary of Defense and the April 17,1995 and August 2,1995, signature of Executive Agency

Contact:

Charles W. Nilsen, Orders 12958, " Classified National Security Office of Nuclear Regulatory Research (301) Information," and 12968," Access to 415-6209 Classified Information," by the President.

. The NISPOM establishes a uniform Government policy for the protection of

40. Duplication Fees * (Part 9) classified National Security Information and Restricted Data within industrial facilities RIN: 3150-AF60 under a contractual or other (e.g. license) legal relationship with the Government.

Abstract. The final mle would amend Executive Order 12958 revises the the Commission's regulations by revising the govemment-wide requirements for charges for copying records publicly classification and protection of National available at the NRC Public Document room Security Information, and Executive Order in Washington, DC. This amendment is 12968 revises the govemment-wide necessary to reflect the change in copying requirements for access to National Security charge resulting from the Commission's Information. The current 10 CFR Part 10 is award of a new contract for the copying of not fully compliant with the requirements of records. the NISPOM and the new Executive Orders.

Some areas ofinconsistency are the NRC Timetable: Final Rule Published Criteria for Determining Eligibility for 02/00/97 Access to Restricted Data or National l Security Information or an Employment Legal Authority: 42 USC 2201; 42 Clearance and the NRC Due Process Appeal USC 5841 Procedures.10 CFR Part 10 must be 21 NUREG-0936

Unpublished Rules NRC Regulatory Amenda amended to ensure its consistency with Paperwork Reduction Act of 1995 and OMB established national policy for the protection Circular A-130 (Revised Febmary 9,1996).

of classified information and due process.

Improving the communications process Tirnetable: Proposed Rule Approved and disseminating and storing complete and by the EDO 05/01/95 accurate records is mutually beneficial to the NRC, licensees, and members of the public.

Proposed Rule Published The proposed revisions would require some Undetermined NRC hcensees and applicants to rtvise the mailing address for applications, reports, and Legal Authority: 42 USC 2165;42 other written commumcations transmitted to USC 2201; 42 USC 5841; E.O.12958; the NRC. However, because the rule is E.O.12%8; E.O.10865; E.O.10450 expected to simplify submittal procedures, licensees and applicants should experience an >

Effects on Small Business and Other overall reduction in administrative burden. In Entities. None some cases, the proposed rule would reduce the number of copies that are required to be Agency

Contact:

James J. Dunleavy, sent to the NRC under the current Office of Administration,(301) 415-7403 regulations, resulting in a reduction in photocopying and postage costs. The rule would benefit NRC and members of the

42. Submittal Procedures for Documents

• public because better control of the (Parts 19, 20, 30, 31, 32, 34, 35, 36, 39, documents entering the NRC would ensure 40,50,51,52,55,60,61,62,70,71,72, that they are distributed to NRC staff, entered 73,74,75,140, and 150) into NUDOCS, provided to the NRC Public Documeni Room and local public document RIN: 3150-AF61 rooms, and dispatched to the appropriate official file stations for retention and A bstract. The proposed rule would retrieval.

ensure that applications and reports are captured at a central receipt point (the Tienetable: Rulemaking Approved by Document Control Desk (DCD)), are the EDO 08/01/96 included in the Nuclear Documents System (NUDOCS), and are distributed on a more Proposed Rule Published timely basis to the appropriate NRC staff, 05/00/97 public document rooms, and official file centers. Part 50 requires licensee and Final Rule Published applicant submittals to be addressed to a 02/00/98 central receipt point, and copies to be sent to the Regional Administrator and Resident Legal Authority: 42 USC 2201;42 Inspector, when appropriate. Extending these USC 5841 requirements to submittals made under other parts in 10 CFR Chapter I, would simplify and, to a great extent, standardize submittal Effects on Small Business and Other procedures for NRC licensees and improve Entities. Yes the effectiveness of NRC's document control and distribution activities. The proposed rule Agency

Contact:

Michael D. Collins, would also codify provisions for the Office ofInformation Resources electronic submittal of documents, and Management, (301) 415-2488 facilitate agency compliance with the NUREG-0936 22

Nuclear Regulatory Amenda Unpublished Rules

43. Fitness for Duty (Scope Change) (Part publish criteria that would allow non-profit

26) entities and non-bond issuing business corporations to use self-guarantee as an RIN: 3150-AF13 additional mechanism fe financial assurance. The overall objective is to reduce Abstract. The proposed rule would the licensee's cost burden without causing amend the Commission's regulations by adverse effects on public health and safety.

changing the scope of the random drug testing requirements. A study was conducted Timetable: Proposed Rule Published to evaluate the necessity for a rule change Undetermined that would amend the Commission's regulations by limiting the applicability of Legal Authority: 42 USC 2201; 42 the random drug testing requirements to USC 5841 certain categories of workers. The scope -

change is being considered to balance the Effects on Small Business and Other

' NRC's responsibility to protect public health Entities. None and safety, and a worker's perception of NRC

! encroachment into worker expectations of Agency

Contact:

Dr. Clark Prichard, privacy. A general notice was published in Office of Nuclear Regulatory Research, the Federal Register on May 11,1994 (59 FR (301)415-6203 24373) to solicit public comments on various options for changing the random dmg testing scope. Thirty-four packages of comments 45. Administration of Byproduct Material were received. The comments will be or Radiation to Patients Who May Be considered as part of the staff's recommenda- Pregnant (Part 35) tion to the Commission on a course of action.

RIN: 3150-AE44 Timetable: Proposed Rule Published Undetermined Abstract. The proposed rule would amend the Commission's regulations Legal Authority: 42 USC 2201; 42 concerning the medicai use of byproduct USC 5841 material. The proposed rule would require medical use licensees to take actions to Effects on Small Business and Other prevent unintended radiation exposures to an

! Entitles. None embryo or fetus. Also, the proposed mle l would require reporting of these events.

Agency

Contact:

Charles Hendren, Office of Nuclear Reactor Regulation, Timetable: Proposed Rule Published (301) 415-3209 Undetermined Legal Authority: 42 USC 2111; 42

44. Alternative Financial Criteria for USC 2112; 42 USC 2201; 42 USC 2232; 42 Non Profit Entities and Alternative USC 2233; 42 USC 2236; 42 USC 2282 Financial Criteria for Non Bond Issuing Licensees (Parts 30,40,50,70, Effects on Small Business and Other

72) Entities. None RIN: 3150-AF64 Abstract. The proposed rule would amend the Commission s regulations to 23 NUREG-0936

Unpublished Rules NRC Regulatory Agenda Agency

Contact:

Samuel Z. Jones, expire. The proposed rule would incorporate Office of Nuclear Regulatory Research, (301) by reference the ASME OM Code into the 415-6198 regulations.

The proposed rule would allow

46. Codes and Standards for Nuclear altematives to the regulations and ASME Power Plants (Part 50) Code rules under certain circumstances. For example, the NRC staff has developed an RIN: 3150-AE26 alternative to the requirements of Section XI of the ASME BPV Code that specifies Abstract. The proposed rule would guidance for performing temporary corrective amend the Commission's regulations to (1) measures for service-induced degradation of eliminate the 120-month update requirements ASME Code Class 3 piping, which has been for licensecs' inservice inspection (ISI) and added as an appendix to the rule. Other inservice testing (IST) programs; (2) alternatives that the staff has found establish baseline regulatory iequirements acceptable will be identified in the rule or in that would: incorporate by reference the a regulatory guide. If a licensee elects to American Society of Mechanical Engineers implement the alternatives listed in the (ASME) Code for O xration and regulatory guide, a request pursuant to 10 Maintenance of Nuc; ear Power Plants (the CFR 50.55a(a)(3) must be submitted. All OM Code), maintain the 1989 Edition of safety-significant code changes that the staff Section III and Section XIof the ASME determines to be cost beneDeial for the safe Boiler and Pressure Vessel Code (the BPV operation of the nuclear power plants will be Code), require certain licensees to complete specifically imposed in the regulations. One one final update to their ISI and IST example in the current rulemaking is the programs, and delete the existing requirement that licensees implement Section supplementary requirements for IST of XI, Appendix VIII," Performance containment isolation valves; (3) allow Demonstration for Ultrasonic Examination alternatives to the regulations and ASME System," which provides rules for Code rules under cenain circumstances such performance demonstration for ultrasonic as the temporary corrective measures examination procedures, equipment, and identified in a new Appendix A to the personnel used to detect and size flaws in regulations, and clarify the ISI and IST nuclear power plant components, which will requirements for nuclear plant components be imposed on an expedited schedule to not required to be constructed in accordance improve the quality of ISI.

with ASME Code Class 1,2, or 3;(4) identify safety-significant Code changes that The proposed amendment contains would be required to be implemented by changes to the implementation structure of 10 licensees; and (5) establish a new regulatory CFR 50.55a establishes alternative rules (to guide that would document NRC review and be contained in the rule or listed in a acceptance < f OM Code Cases. regulatory guide) which may be implemented by licensees on a voluntary basis (and may Eliminating the 120-month update require prior NRC approval), and identifies requirements from the existing regulations safety-significant code changes that should would permit licensees to continut t.smb be implemented by licensees. These actions their existing ISI and IST programs; suppon substantial reductions in regulatory however, certain licensees that have not yet burden, without an adverse impact on safety, updated the 1989 Edition of Section XI of the as determined by the staff during the review ASME BPV Code would be required to of a cost-beneficial licensing action request.

Implement one final update of their ISI and IST programs when their current intervals NUREG-0936 24 I

\

I Nuclear Regulatory Agenda Unpublished Rules Timetable: Proposed Rule Published Agency

Contact:

Moni Dey, Office of Undetermined Nuclear Regulatory Research,(301) 415-6443 Legal Authority: 42 USC 2201; 42 USC 5841

48. Power Re= tor Facilities Under a Effects on Small Business and Other Possession Only License (Part 50)

Entities. None RIN: 3150-AF16 Agency

Contact:

Frank C. Cherny, Office of Nuclear Regulatory Research, Abstract. The proposed rule would (301) 415-6786; Wan Cheng (Winston) Liu, amend the Commission s regulations Office of Nuclear Regulatory Research, regarding possession only licensee applica-(301) 415-5887; Patncia Campbell, Office of tions for case specific exemptions that no Nuclear Reactor Regulation, (301) 415-1311 longer have relevance. Currently, when a power reactor licensee obtains a possession only license amendment (POL), the licensee

47. Performance-Oriented Requirements must apply for case specific exemptions from for Fire Protection of Nuclear Power provisions of 10 CFR that no longer have Facilities (Part 50) relevance. This is a time consuming process for both the licensee and the NRC and can RIN: 3150-AF29 result in a non-coherent and non-unifomt process. To remedy this situation, proposed Abstract: The proposed rule would rulemaking is currently being considered. An amend the Commission's fire protection information base is being developed by regulations for voluntary adoption by nuclear Brookhaven National Laboratory on which of power plant licensees. The requirements the applicable parts of the 10 CFR apply to would be performance-oriented and risk- power reactors which have a POL. There are based, allow flexibility in the implementation two categories of applicability, parts of the of safety objecf ves, and allow the use of 10 CFR which no longer apply, and parts probabilistic risk analysis and fire-model which partially apply. Once this information computer codes to demonstrate compliance base is complete it will be incorporated with the safety objectives. This proposed rule through rulemaking. This rule will also would also respond to a petition for rule- address a petition for rulemaking from North making (PRM-50-61), submitted by the Carolina Public Utility Commission l Nuclear Energy Institute, to amend current (PRM-50-57).

j regulations to establish a more flexible alternative to the current prescriptive Timetable: Proposed Rule Published regulation in Appendix R of 10 CFR Part 50. Undetermined Timetable: Proposed Rule Published Legal Authority: 42 USC 2201; 42 Undetermined USC 584i Legal Authority: 42 USC 2201; 42 Effects on Small Business and Other USC 2231; 42 USC 2241; 42 USC Entities. Undetermined 2282 Agency

Contact:

Carl Feldman, Office Effects on Small Business and Other of Nuclear Regulatory Research, (301)

Entities: None 415-6194 25 NUREG-0936

I Unpublished Rules NRC Regulato y Agenda

specific cost estimates, just as they presently

49. Revision to Nuclear Power Reactor Decommissioning Cost Requirements are for the constant dollar amounts.

(Part 50)

For licensee submittal of site-specific RIN: 3150-AF40 decommissioning cost estimates, the burden I on the NRC staff may be lessened by Abstract. The notice of proposed issuance of a regulatory guide endorsing use i

rulemaking would amend the Commission's of the NRC code or a licensee supplied one.

! regulations to allow licensees greater However, additional NRC staff resources I Dexibility by allowing site-specific funding would be needed for the review if many amounts different from the NRC's generic licensees elect to use the site-specific funding values by both lesser and greater amounts. option for decommission con estimates.

i The current regulations only allow amounts Should half of the licensees use the option,it greater than the generic values. This action is estimated that the NRC's burden would was originally included in "Rulemaking Plan amount to 0.2 staff year. Assuming a licensee for Amending Nuclear Power Reactor elected to use a site-specific cost estimate Decomissioning Financial Assurance and used the NRC-endorsed code,it is Implementation Requirements"(SECY estimated that the licensee burden would be 223). However, in a December 20,1995, about 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> to input and run the N% :-

memorandum to the EDO, the Chairman endorsed code. If the licensee were required directed the staf f to delay work on amending to provide NRC specified input parameters the regulations to lower financial assurance with their cost estimate, it is estimated that, l requirements untilcompleting for those licensee cost estimates that the decommissioning cost studies. The Chairman NRC staff chooses to audit, the NRC staff l did, however, encourage the staff to pursue burden to input and run the NRC-endorsed amendments to the regulations that would code would be about 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br />. The require-permit site-specific funding amounts as ments for code use and input parameter described in SECY-95-223. Therefore the specifications would be described in a staff is continuing work on this action. regulatory guide.

The proposed rule would provide additional savings to a license because the Timetable: Proposed Rule Published required level of decommissioning funding Undetermined l may be reduced. Alternatively, the proposed rule may allow licensees to collect more Legal Authority: 42 USC 2201; 42 funds to cover a higher estimate of required USC 5841 decommissioning funding. Using a site-specific cost estimate would provide a Effects on Small Business and Other licensee greater flexibility in dealing with Entities. None site-specific issues such as differences in decommissioning methodology, expected Agency

Contact:

Brian J. Richter, waste volumes, and anticipated labor efforts Office of Nuclear Regulatory Research, (301) to perform specific tasks. This would be 415-6221 fairer to ratepayers than using the generic estimate provided in the rule. Moreover, licensees would be able to use an existing 50. Audit Frequency for Emergency PC-based, NRC-endorsed code to incorporate Planning and Security * (Part 50 )

site-specific conditions into their cost estimate. Ilowever, annual decommissioning RIN: 3150-AF63 cost updates would be required for the site-NUREG-0936 26 1

Nuclear Regulatory Agenda Unpublished Rules Abstract. The proposed rule would Abstract. The proposed nile would amend the Commission's regulations by amend the Commission's regulations by changing the frequency with which licensees deleting Appendices M, N, O, and Q from 10 conduct independent reviews, and audits of CFR Part 50. The NRC is also proposing to their safeguards contingency plans, security make clarifying changes to 10 CFR Parts 52 programs and emergency preparedness and 140 to make clear that licensees are programs. The regulations would be revised required to submit accurate and complete to require that licensees conduct program information to the NRC, and that its Price-reviews and audits at least every 24 months. Anderson requirements apply to combined The proposed rule would also clarify that the license holders. Also, the proposed rule necessity for more frequent, focused audits be would correct / clarify other matters that may based on an assessment by the licensee be identified as the result of the initial design against performance indicators or a certification rulemakings.

signifkant change in personnel, procedures, equipment, or facilities. The proposed Timetable: Proposed Rule Published char 4ges would promote performance-based, Undetermined rather than compliance-based review an<1 audit activities. Also, the proposed change: Legal Authority: 42 USC 2201: 42 would clarify that programs must be reviewed USC 5841 and audited following a significant change in personnel, procedures, or equipment as soon Effects on Small Business and Other as reasonably practicable, but no later than 12 Entities. Undetermined months after the changes. The purpose of these focused audits would be to ensure that Agency

Contact:

Geary S. Mizuno, changes have not adversely affected the Office of the General Counsel,(301) operation of the particular program element 415-1639 or function in question. This proposed rule also addresses PRM-50-59 and PRM-50-60 submitted by Virginia Electric and Power 52. Initial Operator License Examination Company. Requirements * (Part 55 )

l Timetable: Proposed Rule Published RIN: 3150-AF62

07/00/97 Abstract. The proposed rule would Legal Authority: 42 USC 2201; 42 amend the Commission's regulations to USC 5841 require that licensees prepare, conduct, and grade the licensing examinations that are l Effects on Small Business and Other given to reactor operators and senior reactor Entitles. None operators. Although the regulations do not specify who will be responsible for these Agency

Contact:

Sandra D. Frattali, exammations, the current practice has been Office of Nuclear Regulatory Research, (301) for the NRC or its contractors to prepare and 415-6261 conduct these examinations. The NRC conducted a pilot program in which it has had licensees prepare these examinations. The

51. Standardized Plant Designs, Early results of the pilot program have indicated Review of Site Suitability Issues; that licensees can prepare and administer Clarifying Amendments (Parts 50,52, these examinations satisfactorily.

l 140) l Timetable: Proposed Rule Published l RIN: 3150- Ari25 06/00/'?7 l

l 27 NUREG-0936 l

l l

Unpublished Rules NRC Regulatory Agenda Legal Authority: ' 42 USC 2201; 42 Agency

Contact:

Charles Nilsen, USC 5841 - Office of Nuclear Regulatory Research,(301) 415-6209 Effects on Small Business and Other Entitles. None 54, Fissile Material Shipments and Agency

Contact:

Hany Tovmassian, Exemptions * (Part 71)

Office of Nuclear Regulatory Research,(301)

! 415-6231 RIN: 3150-AF58 Abstract. The final rule would amend 53, Domestic Licensing of Special Nuclear the Commission's regulations regarding the Material-Revision (Part 70 ) shipment of exempt quantities of fissile material and the shipment of fissile material RIN: 3150-AF22 under a general license. This rulemaking would restrict the use of beryllium and other Abstract. The proposed rule would special moderating materials (i.e., graphite amend the Commission's regulations to and deuterium)in the shipment of fissile provide, where possible, performance rather materials and consign quantity limits on than prescriptive based regulations for special fissile exempt shipments. This amendment is nuclear material licensees with large necessary to correct a recently discovered quantities of special nuclear material, defect in the current regulations which could Concurrent with this amendment, companion permit, in special circumstances, nuclear support guidance documents are being criticality to occur in shipments of fissile developed for issuance, materials which are permitted to take place without specific Commission ap 3roval.

The proposed rule would require Although this rule is being issucc as an licensees possessing critical quantities of immediately effective final mie, the special nuclear material to conduct an Commission is requesting public comment integrated safety analysis to identify potential and will revise the rule if necessary.

risks in their activities, and then to commit to programs that ensure that systems needed to Timetable: Final Rule Published l

i address the potential risks are capable of 01/00/97 performing their intended functions. While the NRC believes that fuel facilities operate Legal Authority: 42 USC 2201; 42 with an adequate degree of safety, the safety USC 5841 basis for licensing and inspection has been deterministic with large smcertainties, Effects on Small Business and Other highlighted by operatin ; i vents that are Entities. None precursors to event ,eq :nces with unwanted consequences. Agency

Contact:

Naiem S. Tanious, Office of Nuclear Regulatory Research,(301)

Timetable: Prop.osed Rule Published 415-6103 Undetennined Legal Authority: -42 USC 2201; 42 55. Requirements for Shipping Packages USC 2231; 42 USC 2241; 42 USC Used to Transport Vitrifled Wastes 2282 Containing Plutonium * (Part 71)

Effects on Small Business and Other RIN: 3150-AF59

- Entities. Yes NUREG-0936 28

Nuclear n _ ri Amenda Unpuidad=I Rules

' Abstract. The proposed rule would longer effective. This action would reduce amend the Commission s replations by the regulatory burden on licensees without exempting canisters contaimng vitrified _ compromising physical protection against waste containing plutonium from the radiological sabotage required for public packaging requirement for double health and safety containment. This amendment is being proposed in response to a petition for Timetable: Proposed Rule Published '

rulemaking (PRM-71-11) submitted by the - 02/20/97

' Department of Energy (DOE). This proposed rule would reduce the regulatory require- Legal Authority: 42 USC 2201;42 -

ments for certain DOE plutonium shipments, USC 5841 and therefore cost less, v hile having no .

significant reduction in health and safety. The Effects on Small Business and Other primary purpose for double containment is to Entities. None

- ensure that any respirable )lutonium will not -

'ieak into the atmosphere. "he NRC staff Agency

Contact:

Sandra Frattali, believes that vitrified waste containing Office of Nuclear Regulatory Research, (301)

plutonium is essentially nonrespirable. 415-6261 Therefore, the packaging requirement for double containment is unnecessary. This proposed rule would also make minor 57. Revision of Fee Schedules; 100 corrections to the usage of units to be Percent Fee Recovery, FY 1997 (Parts consistent with existing NRC policy. 170,171) l Timetable: Proposed Rule Published - RIN: 3150-AF55 Undetermined Abstract. The proposed rule would Legal Authority: 42 USC 2201; 42 amend the licensing, mspection and annual L USC 5841 fees charged to NRC licensees and applicants t

for an NRC license. The Omnibus Budget Effects on Small Business and Other Reconciliation Act of 1990 requires that the L Entitles. None NRC recover approximately 100 percent of its budget authority, less the amount Agency

Contact:

Mark Haisfield, appropriated from the Nuclear Waste Fund, Office of Nuclear Regulatory Research, (301) for Fiscal Years 1991 through 1998. The Act 415-61 % requires that the fees for FY 1997 must be l collected by September 30,1997. Therefore, the final mle is to become effective by mid-

56. Changes to Nuclear Power Plant July 1997. The cost to NRC licensees is the Security Requirements (Part 73) NRC FY 1997 budget authority less the amount appropriated from the Nuclear Waste RIN: 3150-AF53 Fund and tbe General Fund. The dollar amount to be recovered for FY.1997 is Abstract. The proposed rule would $462.3 million. Because this action is amend the Commission s regulations by mandated by statute and the fees must be

!- deleting certain security requirements assessed through miemaking, the NRC did 1

- associated with an intemal threat. This action not consider alternatives to this action.

follows reconsideration by the NRC of nuclear power plant physical security requirements to identify those requirements that are marginal to safety, redundant, or no 29 NUREG-0936

Unpublished Rules NRC Regulatory Agenda Timetable: Proposed Rule Published identified under the NRC's Procurement

, 02/00/97 Reinvention Laboratory (PRL) and legislated under the Federal Acquisition Streamlining Final Rule Published Act of 1994 (FASA), the Federal Acquisition -

05/00/97 Reform Act of 1996 (FARA), and the Information Technology Management Legal Authority: 42 USC 2201; 42 Reform Act (ITMRA) of 1996. The intent of USC 5841 the FASA, FARA, and ITMRA is to streamline procurement processes within the Effects on Small Business and Other Federal Government. Implementing Entities. Yes instructions are needed for some of these processes. In addition, the NRC's PRL will ,

require the NRC to streamline and simplify Agency

Contact:

C. James Holloway, procedures in the NRCAR wherever possible. t Jr., Office of the Controller, (301) 415-6213 -

Timetable: Proposed Rule Published ,

09/00/97

58. Nuclear Regulatory Commission i Acquisition Regulation (48 CFR Chapter 20) Legal Authority: 48 CFR Chapter I; l 41 USC 251 note: 42 USC 251 note; 40 USC  ;

i RIN: 3150-AF52 1401 note ,

l  !

Abstract. The pro msed rule would Effects on Small Business and Other  ;

amend the Nuclear Regu .atory Commission Entities. Yes  ;

Acquisition Regulation (NRCAR) for the procurement of goods and services within the Agency

Contact:

Mary Lynn Scott, i NRC to satisfy the particular needs of the Office of Administration,(301) 415-6179 agency. The pro >osed rule would incorporate streamlining anc simplification methods [

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ll (A) PETITIONS INCORPORATED INTO FINAL RULES OR PETITIONS PETITIONS DENIED SINCE JUNE 28,1996 A. -

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NRC Regulatory Agenda Petitions

1. Petitioner / Petition Docket Number: Agency

Contact:

Samuel Z. Jones, IsoStent Inc. (PRM-35-14) Office of Nuclear Regulatory Research, (301) 415-6198 Federal Register Citation: June 27, 1996 (61 FR 33388)

2. Petitioner / Petition Docket Number:

Subject:

Permanently implanted Heartland Operation to Protect the intraluminal stents Environment (PRM-61-3)

Summary: The petitioner requested that Federal Register Citation: January 9, the Commission amend its regulations by 1996 (61 FR 633) adding a new section to address permanently implanted intraluminal stents, including

Subject:

low-level radioactive waste phosphorus-32 and strontium-89. The disposal site petitioner also requested that the NRC add a new section to specify training and Summary: The petitioner requested that experience require-ments for qualified the Commission amend its regulations to physicians responsible for placing adopt a rule regarding government ownership l

radioisotope stents in patients. of a low-level radioactive waste disposal site that is consistent with Federal statute.

Timetable: This petition for rulemaking has been withdrawn at the petitioner's Timetable: This petition has been request. The notice of withdrawal of this denied. The notice of denial was published in petition was published in the Federal Register the Federal Register on December 23,1996 on December 30,1996 (61 FR 68688). (61 FR 67501).

Agency

Contact:

Mark Haisfield, Office of Nuclear Regulatory Research, (301) 415-6196 31 NUREG-0936

(B) PETITIONS INCORPORATED INTO PROPOSED RULES 1

NONE 1

_ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ a

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(C) PETITIONS PENDING STAFF REVIEW l

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NRC Regulatory Agenda Petitions

3. Petitioner / Petition Docket Number: 1994, are too restrictive and prevent many Ohio Citizens for Responsible Energy, Inc. research institutions from pursuing certain (PRM-9-2) types of research that cannot be conducted effectively without the use of radioactive Federal Register Citation: June 13, materials.

1994 (59 FR 30308)

Timetable: A notice of receipt for this

Subject:

Public access to licensee-held petition was published in the Federal Register information on September 10,1993 (58 FR 47676). The comment period closed on November 24, Summary: The petitioner requests that 1993. This petition will be resolved after the Commission amend its regulations to publication of the final rule," Radiological establish public right-to-know provisions that Criteria for License Termination" (RIN would ensure public access to licensee-held 3150-AD65). The publication date for the information. final rule is scheduled for June 1997.

l Timetable: A notice of receipt for this Agency

Contact:

George Powers, Office l

petition was published in the Federal Register of Nuclear Regulatory Research, (301) on June 13,1994 (59 FR 30308). The 415-6212 comment period closed on August 29,1994.

Resolution of the petition is scheduled for February 1997. 5. Petitioner / Petition Docket Number:

University of Cincinnati (PRM-20-24)

Agency

Contact:

Maria Schwartz, Office of the General Counsel,(301) Federal Register Citation: June 21, 415-1888 1996 (61 FR 31874)

Subject:

Visitors of radiation patients, as

4. Petitioner / Petition Docket Number: members of the public, to receive up to 500 Keith J. Schiager, Ph.D., et al. (PRM-20-21) mrem per year Federal Register Citation: September Summary: The petitioner requests that 10,1993 (58 FR 47676) the Commission amend its regulations to authorize specified visitors of radiation

Subject:

Disposal of certain low-level patients, as members of the public, to receive radioactive wastes to provide additional up to 500 mrem per year. The petitioner options for disposal of very low believes that the proposed amendment would concentrations of short-lived radionuclides permit a small population of the general public to be infrequently exposed to an Summary: The petitioners request that annual exposure limit of 500 mrem total the Commission amend its regulations in 10 effective dose equivalent.

CFR Part 20 that became mandatory for all licensees on January 1,1994, to permit Timetable: A notice of receipt for this additional methods for disposal of certain petition was published in the Federal Register low-level radioactive wastes. The petitioners on June 21,1996 (61 FR 31874). The contend that the regula-tions that became comment period closed on September 4, mandatory for all licensees on January 1, 1996. The staffis developing an action plan 33 NUREG-0936

Petitions NRC Regulatory Agenda

- for Commission approval as the next step in basis as timepieces with luminous tritium addressing the petitioner's request. Resolution paint of this petition is scheduled for June 1997.

Summary: The petitioner requests that Agency

Contact:

Vincent Holahan, the Commission amend its regulations to Office of Nuclear Regulatory Research, (301) include timepieces with gaseous tritium light 415-6272 sources and subsequently allow their i distribution under the same requirements applicable to the distribution of timepieces

6. Petitioner / Petition Docket Number: with luminous tritium paint.

Nuclear Energy Institute (NEI)* (PRM-30-61)

Timetable: A notice of receipt for this Federal Register Citation: August 31, petition was published in the Federal Register 1996 (61 FR 43193) on October 18,1993 (58 FR 53670). The comment period closed on January 3,1994.

Subject:

Monitoring and maintenance The NRC staffis developing an action plan programs for the decommissioning process at for Commission approval as the next step in facilities of special nuclear materials licensees addressing the petitioner's request. Resolution of this petition is scheduled for May 1997.

Summary: The petitioner requests that the NRC amend its regulations to allow Agency

Contact:

Mary Thomas, Office material licensees to continue monitoring and of Nuclear Regulatory Research, (301) maintaining facilities, separate buildings, or 415-6230 outside storage areas that have not been used for 24 months, rather than requiring licensees to begin the decommissioning process after 24 8. Petitioner / Petition Docket Number:

months ofinactivity. Amersham Corporation (PRM-34-5)

Timetable: A notice of receipt for this Federal Register Citation: June 18, l petition was published in the Federal Register 1996 (61 FR 30837) on August 21,1996 (61 FR 43193). The

! comment period closed on November 4,1996.

Subject:

Radiographic equipment Resolution of this petition is scheduled for regulations August 1997.

Summary: The petitioner requests that Agency

Contact:

Carl Feldman, Office of the Commission amend its regulations by Nuclear Regulatory Research, (301) 415-6194 removing the reference to " associated equipment" from the radiography equipment regulations. The petitioner believes that this

7. Petitioner / Petition Docket Number: amendment would clarify the licensing mb-microtec (USA) (PRM-32-4) reviews of sealed sources and radiographic exposure devices to meet the applicable Federal Register Citation: October 18, requirements.

1993 (58 FR 53670)

Timetable: A notice of receipt for this

Subject:

Place timepieces with gaseous petition was published in the Federal Register tritium light sources on the same regulatory on June 18,1996 (61 FR 30837). The NUREG-096 34

NRC Regulatory Agenda Petitions comment period closed on September 3,1996. 10. Petitioner / Petition Docket Number:

The staffis developing an action plan for National Registry of Radiation Protection Commission approval as the next step in Technologists (NRRPT)(PRM-35-13) addressing the petitioner's request. Resolu-tion of this petition is scheduled for May Federal Register Citation: February 8, 1997. 1996 (61 FR 4754)

Agency

Contact:

Donald Nellis, Office

Subject:

Training requirements for a of Nuclear Regulatory Research, (301) radiation safety officer 415-6257 Summary: The petitioner requests that the Commission amend its regulations by

9. Petitioner / Petition Docket Number: including acceptance of NRRPT registration Tri-Med Specialties, Inc. (PRM-35-12) as fulfilling some of the training requirements for a radiation safety officer.

Federal Register Citation: December 2, 1994 (59 FR 61831) Timetable: A notice of receipt for this petition was published in the Federal Register

Subject:

Distribution, under general on Febmary 8,1996 (61 FR 4754). The licensing and/or exemption, of capsules comment period closed on April 23,1996.

containing one micro-curie of carbon-14 (C14) The staff is developing an action plan for for administration to humans for in vivo Commission approval as the next step in diagnostic testing addressing the petitioner's request.

Resolution of this petition is scheduled for Summary: The petitioner requests that June 1997.

the Commission amend its regulations to permit licensed pharmaceutical manufacturers Agency

Contact:

Mary Thomas, Office to commercially distribute, under general of Nuclear Regulatory Research, (301) licensing and/or exemption, capsules 415-6230 containing one microcurie of carbon-14 (Ci4) for administration to humans for in vivo diagnostic testing. 11. Petitioner / Petition Docket Number:

North Carolina Public Utility Commission Timetable: A notice of receipt for this (PRM-50-57) petition was published in the Federal Register on December 2,1994 (59 FR 61831). The Federal Register Citation: January 17, comment period closed on February 15,1995. 1992 (57 FR 2059)

The NRC staff is developing an action plan for Commission approval as the next step in addressing the petitioner's request. Resolution

Subject:

Reduce or Eliminate Insurance of the petition is scheduled for May 1997. for Nuclear Power Plants Awaiting Decommissioning Agency

Contact:

Samuel Z. Jones, Office of Nuclear Regulatory Research (301) Summary: The petitioner requests that 415-6191 the Commission amend its regulations to substantially reduce or eliminate insurance requirements for nuclear power reactors when 35 NUREG-0936

Petitions NRC Regulatory Agenda all the nuclear reactors on a reactor station site of this proposed rule is scheduled for July have been shut down and are awaiting 1997.

decommissioning and all the nuclear fuel has been removed from the reactor site. Agency

Contact:

Sandra Frattali, Office of Nuclear Regulatory Research, (301)

Timetable: A notice of receipt for this 415-6261 petition was published in the Federal Register on January 17,1992 (57 FR 2059). The public comment period closed on March 17,1992. 13. Petitioner / Petition Docket Number:

Resolution of the petition is scheduled for Virginia Electric and Power Company rulemaking (See " Power Reactor Facilities (PRM-50-60)

Under a Possession Only L.icense" (RIN 3150-AF16)). Publication of this rulemaking Federal Register Citation: April 13, is undetermined. 1994 (59 FR 17499)

Agency

Contact:

George Mencinsky,

Subject:

Change the frequency with Office of Nuclear Regulatory Research, (301) which each licensee conducts independent 415-6206 reviews and audits ofits emergency prepared-ness program from annually to biennially

12. Petitioner / Petition Docket Number: Summary: The petitioner requests that Virginia Electric and Power Company the Commission amend its regulations to (PRM-50-59) eb=ge the frequency with which each licensee conducts independent reviews and Federal Register Citation: May 6,1994 audits of its emergency preparedness program (59 FR 23641) from annually to biennially.

Subject:

Change the frequency with Timetable: A notice of receipt for this which each licensee conducts independent petition was published in the Federal Register reviews and audits ofits safeguards on April 13,1994 (59 FR 17499). The contingency plan and security program from comment period closed on June 27,1994.

annually to biennially Resolution of this petition is scheduled for rulemaking (See " Audit Frequency for Summary: The petitioner requests that Emergency Planning and Security" (RIN the Commission amend its regulations to 3150-AF63)). Publication of this proposed change the frequency with which each licensee rule is scheduled for July 1997. I conducts independent reviews and audits ofits safeguards contingency plan and Agency

Contact:

Sandra Frattali, Office security program from annually to biennially. of Nuclear Regulatory Research, (301) 415-6261 Timetable: A notice of receipt for this petition was published in the Federal Register on May 6,1994 (59 FR 23641). The comment 14. Petitioner / Petition Docket Number:

period closed on July 20,1994. Resolution of Nuclear Energy Institute (PRM-50-61) this petition is scheduled for rulemaking (See

" Audit Frequency for Emergency Planning Federal Register Citation: June 6,1995 l and Security"(RIN 3150-AF63)). Publication (60 FR 29784) l NUREG-096 36 E

k NRC Regulatory Agenda Petitions

Subject:

Fire protection at nuclear power Timetable: A notice of receipt for this plants petition was published in the Federal Register on September 4,1995 (60 FR 47716). The Summary: The petitioner requests that public comment period closed on November the Commission amend its regulations 28,1995. Resolution of the petition is governing fire protection at nuclear power scheduled for June 1997.

plants. The petitioner believes this amendment would provide a more flexible alternative to Agency

Contact:

Rajender Auluck, the current requirements and permit nuclear Office of Nuclear Regulatory Research, (301) power plant licensees more discretion 415-6608 implementing fire protection requirements that would be site-specific without adversely affecting a licensee's ability to achieve the safe 16. Petitioner / Petition Docket Number:

shutdown of a facility in the event of a fire. Peter G. Crane (PRM-50-63)

Timetable: A notice of receipt of this Federal Register Citation: November petition for rulemaking was published in the 27,1995 (60 FR 58256)

Federal Register on June 6,1995 (60 FR 29784). The comment period closed on

Subject:

Emergency Planning September 29,1995. The NRC staff is developing an action plan for Commission Summary: The petitioner requests that approval as the next step in addressing the the Commission amend its regulations petitioner's request. Resolution of this petition concerning emergency planning to include a is scheduled for June 1997. requirement that emergency planning l protective actions include sheltering.

l Agency

Contact:

Monideep K. Dey, evacuation, and the prophylactic use of

! Office of Nuclear Regulatory Research, (301) potassium iodide, which prevents thyroid 415-6443 cancer after nuclear accidents.

Timetable: A notice of receipt for this

15. Petitioner / Petition Docket Number: petition was published in the Federal Register Nuclear Energy Institute (PRM-50-62) on November 27,1995 (60 FR 58256). The public comment period closed on February Federal Register Citation: September 4, 12,1996. The staffis developing an action 1995 (60 FR 47716) plan for Commission approval as the next step in addressing the petitioner's request.

Subject:

Quality Assurance Program Resolution of the petition is scheduled for

! June 1997.

l Summary: The petitioner requests that the Commission amend its regulations Agency

Contact:

Michael Jamgochian, regarding quality assurance programs to Office of Nuclear Regulatory Research, (301) permit nuclear power plant licensees to change 415-6534 l their quality assurance program that is i described or referenced in a licensee's Safety Analysis Report without prior NRC approval 17. Petitioner / Petition Docket Number:

under specified conditions. Nuclear Energy Institute (PRM-70-7) 37 NUREG-0936

Petitions NRC Regulatory Agenda Federal Register Citation: November from the double containment requirement 26,1996 (61 FR 60057) specified in NRC's regulations.

Subject:

Use of an integrated safety Timetable: A notice of receipt for this assessment, or an acceptable alternative, to petition was published in the Federal Register confirm that adequate controls are in place to on February 18,1994 (59 FR 8143).The protect public health and safety original public comment period was extended for 30 days (May 23,1994; 59 FR 26608) and Summary: The petitioner requests that closed on June 3,1994. A public meeting was the Commission amend its regulations to held with the petitioner on June 1,1995, to require uranium processing, uranium enrich- discuss alternatives to the proposed rule-ment, and fuel fabrication licensees to use an making. These included seeking a determina-integrated safety assessment (ISA), or an tion under existing regulations (10 CFR acceptable alternative, to confirm that 71.63(b)(3)), or qualifying the canister for adequate controls are in place to protect public double containment.

health and safety. The petitioner also reauests that a backfitting provision be established 4.s The petitioner requested a determination ensure regulatory stability for these types of under 10 CFR 71.63(b)(3) on July 16,1996.

licensees. NRC staff proposed criteria for making the determination in SECY-96-215, dated Timetable: A notice of receipt for this October 8,1996. The Commission petition was published in the Federal Register disapproved the petitioner's request for a on November 26,1996 (61 FR 60057). The determination in a Staff Requirements public comment period closes on February 10, Memorandum dated October 31,1996, and

! 1996. Resolution of the petition is scheduled instructed the NRC staff to proceed with a i for November 1997. rulemaking. A proposed rule is scheduled to be submitted to the Commission for approval Agency

Contact:

Charles Nilsen, Office by February 28,1997.

of Nuclear Regulatory Research, (301) 415-6209 Agency

Contact:

Earl Easton, Office of Nuclear Material Safety and Safeguards,

, (301) 415-8520 l 18. Petitioner / Petition Docket Number:

U.S. Department of Energy (PRM-71-11)

19. Petitioner / Petition Docket Number:

Portland General Electric Company Federal Register Citation: February 18, (PRM-72-2) 1994 (59 FR 8143)

Federal Register Citation: February 1,

Subject:

Packaging and transportation of 1996 (61 FR 3619) radioactive materials

Subject:

Disposal of radioactive waste Summary: The petitioner requests that (Greater than class C) the Commission amend its regulations governing packaging and transportation of Summary: The petitioner requests that ,

l radioactive materials to specifically exempt the Commission amend its regulations which canisters containing vitrified high-level waste govern independent storage of spent nuclear NUREG-096 38 i

Lm____-_-___._____ .-

NRC Regulatory Agenda Petitions l fuel and high-level radioactive waste to Timetable: A notice of receipt for this specifically include radioactive waste petition was published in the Federal Register produced from reactor operations pending its on May 14,1996 (61 FR 24249). The public transfer to a permanent disposal facility. commerit period closed on July 29,1996. The staffis developing an action plan for Timetable: A notice of receipt for this Commission approval as the next step in petition was published in the Federal Register addressing the petitioners request. Resolution on February 1,1996 (61 FR 3619). The public of the petition is scheduled for June 1997.

comment period closed on April 16,1996.The staffis developing an action plan for Agency

Contact:

Gordon Gundersen, Commission approval as the next step in Office of Nuclear Regulatory Research, (301) addressing the petitioner's request. A 415-6195 response either granting or denying the petition will be sent to the petitioner when the action plan is implemented. Resolution of this 21. Petitioner / Petition Docket Number:

petition is scheduled for June 1997. Envirocare of Utah, Inc. (PRM-150-2)

Agency

Contact:

Mark HaisGeld, Office Federal Register Citation: February 22, of Nuclear Regulatory Research, (301) 1993 (58 FR 5992) 415-6196

Subject:

Persons who generate or dispose of very low specine activity wastes

20. Petitioner / Petition Docket Number: contaminated with special nuclear materials.

Fawn Shillinglaw (PRM-72-3)

, Summary: The petitioner requests that 1

Federal Register Citation: May 14, the Commission amend its regulations to 1996 (61 FR 24249) exempt those persons that generate or dispose of verylow specific activity wastes

Subject:

Independent storage of spent contaminated with special nuclear materials nuclear fuel that are not capable of forming a critical reaction from the current possession limits Summary: The petitioner requests that specified in its regulations.

the Commission amend its regulations which l govern indep;ndent storage of spent nuclear Timetable: A notice of receipt for this I

fuel in dry storage casks to require that the petition was published in the Federal Register safety analysis report for a cask design fully on February 22,1993 (58 FR 9552). The conforms with the associated NRC safety public comment period closed on April 23, reevaluation report and certificate of 1993. Based on further analysis, the NRC compliance before NRC certification of the staffis considering alternatives to rulemaking cask design. The petitioner also requests that to resolve this petition.

the revision date and number of a safety analysis report be specified whenever that Agency

Contact:

Ieroy Person, Office report is referenced in documents. of Nuclear Material Safety and Safeguards, (301) 415-6701 39 NUREG-0936

IWIC FORM 336 u.S. NUCLEAR REGULATORY COMMISslON 1. REPORT NUMBER Gm) (Asswad by NRC, Add Vol., supp., Rev, 9ECM 1102, and Addendum Numbers,it any.)

• . azar BIBLIOGRAPHIC DATA SHEET (sae matrucsons on re te w=>

NUREG-0936

2. TITLE AND SUBTITLE Vol.15, No. 2 NRC Regulatory Agenda Semiannual Report 3. DATE F EPORT PUBLISHED Jufy - December 1996 uoNTn ycAR March 1997

4. FIN OR GRANT NUMBER 5AUTHorws 6 TYPE OF REPORT

7. PERIOD COVERED (incAsswo ostesJ

6. PERFORMING ORGANIZA7 EON . NAME AND ADDRESS (#NRc. prowcw Dwson, omes or Repon, u s Nucear Regurasary C-_ .. anct maeng address. # contractor, prowde name and trenne acuess)

Rules Review and Directives Branch Office of Administration U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

9. SPONSORING ORGANIZATION - NAME AND ADDRESS (aNRC, type Dme as above; acontractor. prowde NRc Dwson. Omco or Regen, u S Nucmar Regulatory commasar, andmadne adeess }

S:me cs item 8. above l

l l 10. SUPPLEMENTAR f NOTES I

11. ABSTRACT (200 woros or ess)

The NRC Regulatory Agenda is a compilation of all rules on which the NRC has recently completed action, or has proposed action, or is considering action, and all petitions for rulemaking which have been received by the Commission and are pending disposition by the Commission. The Regulatory Agenda !s updated and issued semiannually, 1

1

12. KEY WORD &DESCRIPTORS (Ost words or Asses met as assst researcters m ecatmg Fe rept) 14 AWLABluTY bTATEMENT Compilation of rules unlimited Petitions for rulemaking 14 SECURITY CLA$$1FICATION hNs Page) unclaasified

~dne k~oorts unclassified

16. NUMBER OF PAGES

16. PRfCE

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