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Forwards Workpapers in Support of Notice of Proposed Rulemaking for 10CFR171 Re Annual Fee for Nuclear Power Reactor OLs or Applications & Major Matls Licenses & Conforming Amend,Per 860624 Telcon
ML20206M027
Person / Time
Issue date: 06/27/1986
From: Holloway C
NRC OFFICE OF ADMINISTRATION (ADM)
To: Bailey I
NRC OFFICE OF ADMINISTRATION (ADM)
References
RULE-PR-171-MISC AC30-1-32, NUDOCS 8607010028
Download: ML20206M027 (316)


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 /      'o,,                                               UNITED STATES E

o NUCLEAR REGULATORY COMMISSION h  ;$ WASHINGTON, D. C. 20555

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JUN 2 71936

          !!EMORANDUM FOR:     Inez K. Bailey, Chief Records Services Branch, TIDC, ADM FROM:             C. James Holloway, Jr., Acting Director License Fee Management Staff, ADM

SUBJECT:

FEE WORKPAPERS FOR 10 CFR 171 NOTICE OF PROPOSED RULEMAKING Confirming my telephone conversation with you on June 24, 1986, enclosed are two sets of the workpapers in support of the Notice of Proposed' Rulemaking scheduled for publication within a few days in the Federal Reoister. Please advance one set of the workpapers to the Public Document Room as soon as possible. , w Thank you for your assistance in this matter. 4 1* R yl C James <i loway . A ting Director License Fee Management Staff Office of Administration

Enclosure:

Workpapers g70go2e860627 171 PDR

A b I l TABLE OF CONTENTS A. Proposed Part 171 B. Reactor Fees

1. General Reactor Fee Background
2. Office of Nuclear Regulatory Research (RES) j 3. Office of Nuclear Material Safety & Safeguards (NMSS) i 4. Office of Nuclear Reactor Regulation (NRR)
5. Office of Inspection & Enforcement (IE)
6. Office for Analysis & Evaluation of Operational Data (AE0D)

C. Alternative Approach D. Material Fees i l E. Part 170 Collections - FY 1987 ~ F. NRC FY 1987 Budget G. Public Law 99-272 4 e e 1 5 1 i

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6% NRC Farm 8-C (4-79) NRCM 0240 l i COVER SHEET FOR CORRESPONDENCE Use this Cover Sheet to Protect Originals of Multi.Page Correspondence. r r o

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O O [7590-01] NUCLEAR REGULATORY COP 91ISSION 10 CFR Parts 51 and 171 Annual Fee for Nuclear Power Reactors Operating Licenses or l Applications and Major Materials Licenses and Conforming Amendment I AGENCY: Nuclear Regulatory Comission. ACTION: , Proposed rule.

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SUP9tARY: The Nuclear Regulatory Comission (NRC) is issuing a proposed rule that would add a new part to its regulations to prescribe an annual fee for all persons who have applied for a license or who hold a license to operate a nuclear power reactor and for major materials licensees. The annual fee would recover allowable NRC budgeted costs for reactor-related and certain materials-related regulatory services. The annual fee is necessary to comply with the recent Congressional mandate concerning Nuclear Regulatory Comission Annual Charges in the Consolidated Omnibus Budget. Reconciliation Act. i

  • l DATES: Consnent period expires . No late comments i

will be considered and no requests for extensions of the coment period will be l entertained. 1 ADDRESSES: Submit written comments to: Secretary, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555, ATTN: Docketing and Service Branch. i '

  • Fifteen days from date of publication.

A T

O o Hand deliver comments to: Room 1121, 1717 H Street, NW., Washington, D.C., between 8:15 a.m. and 5:00 p.m. Examine comments received at: The NRC Public Document Room, 1717 H Street, NW., Washington, D.C. FOR FURTHER INFORMATION CONTACT: Robert L. Fonner, Office of the Executive Legal Director, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555, Telephone: 301-492-8692. Contents I. Background A. Authority for the Rule B. Effect on Existing Fee Schedule C. Alternative Approach to Proposed Rule II. Introduction III. Cost Basis: Nuclear Power Reactor Regulation A. Office of Nuclear Regulatory Research l- B. Office of Nuclear Materials Safety and Safeo;ards l . C. Office of Nur. lear Reactor Regulation D. Office of Inspection and Enforcement l l E. Office of Analysis and Evaluation of Operational Data IV. Cost Basis: Nuclear Materials Regulation ! V. Alternatives Considered for the Proposed Rule 2

O VI. Sumary of Proposed Rule (Alternative 3) A. Reactor Licensees , B. Operating License Applicants C. Material Licensees D. Billing of Fees ' E. Fees Payable Under 10 CFR Part 170 and 10 CFR Part 171 VII. Section-by-Section Analysis VIII. Conforming Amerdment SUPPLEMENTARY INFORMATION: I. Background A. Authority for the Rule. The Consolidated Omnibus Budget Reconciliation Act (Eudget Reconciliation Act) l of 1985 (H.R. 3128), passed by Congress on March 20, 1986, and signed into law on April 7,1986, requires the Nuclear Regulatory Comission to asses: and collect annual charges from persons licensed by the Comission pursuant to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) in an amount to approximate, but not exceed, thirty-three percent of the Comission's estimated budgeted costs. l Section 7601 of the Budget Reconciliation Act states, that the charges assessed I l shall be established by rule, and, specifically, in paragraph (b)(I) that:

          ...the Nuclear Regulatory Comission shall assess and collect annual charges from its licensees on a fiscal year basis, except that--

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(A) the maximum amount of the aggregate charges assessed pursuant to this paragraph in any fiscal year may not exceed an amount that, when added to other amounts collected by the Comission for such fiscal year under other provisions of law, is estimated to be equal to 33 percent of the costs incurred by the Comission with respect to such fiscal year; and (B) any such charge assessed pursuant to this paragraph shall be reasonably related to the regulatory service provided by the

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Comission and shall fairly reflect the cost to the Comission , , of providing such service. The legislative history shows that Congress intended the authority of this mandate to go beyond that contained in the Independert Offices Appropriation Act of 1952 (65 Stat. 290; 31 U.S.C. 9701)(10AA). The Congressional Managers of the Budget Reconciliation Act in describing this legislative provision asserted: , i The charges assessed pursuant to this authority shall be reasonably related to the regulatory service provided by the Commission and fairly reflect the cost to the Comission of providing such service. This is intended by the conferees to establish a standard separate and distinct from the Comission's existing authcrity under the Independent Offices Appropriation Act of 1952 in order to permit the Comission to more fully recover the costs associated with regulating various categories of Comissien licensees. . I 4

(N (See 132 Cong. Rec. H879 (Daily Ed. March 6, 1986); 132 Cong. Rec. S2725 l (Daily Ed. March 14,1986).) l l The NRC is construing this legislation to permit it to charge licensees not only for special benefits provided to individual licensees, as that term has been used in construing the 10AA, but also to recover the cost of any Comission activity reasonably related to regulating the possession and use of facilities or materials. l B. Effe t on Existing Fee Schedule. - . _ Costs for many reactor-related regulatory services are not recovered under NRC's existing fee schedule, 10 CFR Part 170 (49 FR 21293, May 21, 1984), which establishes fees for some regulatory services that NOC provides for facility and materials licensees. The Part 170 fee schedule implemented Title V of the , Independent Offices Appropriation Act of 1952 (65 Stat. 290; 31 U.S.C. 9701). Now, in response to the Budget Reconciliation Act, the proposed 10 CFR Part 171 annual fee would recover those costs and, in addition, generic costs for reactor-related and materials-related regulatory services not previously recovered under ! 10 CFR Part 170. Collection of fees that would be payable under 10 CFR Part 170 ! will be suspended when the new 10 CFR Part 171 becomes effective. C. Alternative Approach to Proposed Rule In addition to the approach favored by the majority of the Comission that is set forth in this notice, the Commission is also interested in receiving views on an alternative approach under which all beneficiaries of Commission 5

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services would pay fees. Under that approach, the annual charge for reactors would be calculated by the method set forth in the proposed Part 171 (with a slight modification to account for increased fees charged materials licensees). In addition, materials licensees, conmercial test and research reactor licensees, and other recipients of regulatory services, apart from nuclear power reactor applicants and licensees, would pay the fees presently set forth in 10 CFR Part 170 pursuant to the Independent Cffices Appropriations Act of 1952. The amount collected under this alternative approach would also approximate one-third of the NRC budget. Power reactor applicants or licensees would pay approximately $20,000 less per year per unit under this alternative approach than they would pay under the proposal. Materials licensees collectively would pay approximately $2.7 million per year more. II. Introduction - The existing fee schedule,10 CFR Part 170, sets out fees to recover agency costs for only some regulatory services that NRC provides for facility and materials licensees. The Part 170 fee schedule implements Title V of the 10AA. This act authorizes NRC to charge fees for special benefits rendered to identifiable persons measured by the cost to the agency of the agency service. i The Budget Reconciliation Act authority is more comprehensive than existing ! authority under 10AA. It permits recovery of up to thirty-three percent of NRC estimated budgeted costs, including costs for generic services broadly I related to regulation. Thirty-three percent of the fiscal year 1987 estimated budget of $405 million amounts to approximately $134 million and this sets the 6 l

overall ceiling on annual fees. Therefore, under proposed Part 171, the NRC proposes to recover up to $134 million in costs. Under existing Part 170, the NRC would have expected to recover only an estimated $37 million in costs. It is anticipated that the fee program under Part 171 would require significantly fewer Government employees to administer, than under Part 170. NRC estimates that, for fiscal year 1987, indisputably related budgeted costs 1 for providing regulatory services to those charged an annual fee total $272.9 million. This figure includes $270 million in nuclear power reactor regula-tionaiidoperatinglicensereviewsandapproximately$2.9millioninmaterials_ regulation for the major materials licensees covered by the proposed rule. Approximately forty-five percent of the estimated related regulatory costs for fiscal year 1987 can be recovered within the thirty-three percent statutory ceiling. The formulas for equitably assessing affected licensees for forty-five percent of $272.9 million are prescribed in il 171.13 and 171.15 of this proposed rule. The cost basis sections discuss the programs and budgeted costs from which these figures are derived. III. Cost Basis: Nuclear $ Pr p : tor Regulation - l The NRC, in response to the Budget Reconciliation Act mandate, has determined that at least five NRC programs provide regulatory services to persons applying for or holding operating licenses for nuclear power reactors: Nuclear Regulatory Research, Nuclear Material Safety and Safeguards, Nuclear Reactor Regulation, Inspection and Enforcement, and Analysis and Evaluation of Operational Data. (' The annual fee will be based on the cost to the NRC for providing these program serv 4ces, an estimated $270 million for fiscal year 1987. l

O O A. Office of Nuclear Regulatory Research. l The Research Program contributes to many areas of nuclear regulation. The entire Research Program contributing to reactor regulation is estimated to cost, for fiscal year 1987, $104.2 million. The Research Program, in the area of Reactor Engineering, identifies effects of aging and service on operating reactor structures and components that impag_t safety. Knowledge of these effects permits reactor licensees to perfo$ cost-effectivetesting, maintenance,Tepair,andreplacement; improve - plant reliability; and extend effective plant life beyond that originally expected. Some specific examples of research that contribute to more effective operation of a reactor follow. Experimental research on the effects of temperature, stresses, irradiation, and flaws on the reactor pressure vessel provides infor-mation pertinent to the type of steel and welds best suited for use in a pressure vessel. NRC, with international cooperation, has improved the eval-uation of the effects of operation on a pressure vessel by examining vessels from reactors that have been decommissioned. And, by analyzing the numerous instances.of cracked piping that have occurred in nuclear power plants, the l Reactor Engineering Research Program has led to a new method, Synthetic Aper-ture Focusing Technique for Ultrasonic Testing (SAFT-UT), for vastly improved detection and sizing of flaws. Improved leak detection and tests of the leak-before-break principle, i.e., that a pipe break will be preceded by a 8

V pipe leak, will help eliminate needless and costly repairs of uncracked pipes. I This Reactor Engineering Research Program is estimated to cost, for fiscal year 1987, $44.2 million. The Thermal Hydraulic Transients Program provides verified computer codes to the NRC licensing staff for use in conducting safety evaluations of licens'd e 1 nuclear plants for a wide range of possible transients and accidents such as small- and large-break loss-of-coolant accidents, feedwater-line and steam-line breaks, and overcooling and undercooling transients. Use of these verified computer codes enables NRC to assist licensees to develop operating procedures _ that prevent serious accidents. This research program is estimated to cost, for fiscal year 1987, $17.5 million. . The Accident Evaluation Research Program is required to complete the technical basis for the closure of severe-accident issues, in particular, the radioactive source term (i.e., the estimated amount of volatile radioactive material that could be released in an accident), in accordance with the provisions of the Comission's Severe Accident Policy Statement. The ability to predict how radioactive materials are transported and released during postulated reactor accidents lies at the very heart of the regulatory process. Closure of this issue requires, in part, the systematic safety evaluation of operating plants and the determination of criteria for future plants. Evaluation of operating j plants, utilizing input from cooperating utilities, ensures realistic and accurate representations of the plants. These representations ensure adequate, but not unnecessary, regulation. This research consists of an integrated program of both in-reactor and laboratory experiments and the devel,opment and 9

O validation of accident-analysis models and codes. The program ensures safer plants and less burdensome regulation and is estimated to cost, for fiscal year 1987, $20.5 million. Contributing to the Comission's decisionmaking process for safety regulations is the Research Reactor Operations and Risk Program. This program include's research in the areas of reliability and risk methodology, data and uncertainties, regulatory and inspection applications and severe accident risk.

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Significant advances have been made in the development of probabilistic risk _ assessment (PRA) techniques in the last decade. However, those techniques still need improvement, particularly in analysis of the capability to adequately evaluate the risk contributiori of many important accident initiators. Improve-ments in the ability to analyze these factors is con ributing to improved methods for more comprehensive PRAs which will become available to the NRC staff and industry. These methods will provide NRC with an enhanced capability to fully evaluate licensee responses to the Severe Accident Policy, to resolve outstanding safety issues, and to revise the reactor design criteria. 4 In addition to research to improve risk methodology, the research program contributes to collecting and analyzing data on the performance and failure rate of plant systems and components. This activity helps ensure that the results of reactor risk assessments are as accurate and reliable as possible and can identify incipient safety problems in operating plants. Research in this area is being used by the Office for Analysis and Evaluation of Operational Data and is directed toward identifying the root causes of plant system and component failures. j l 10

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s The application of PRA techniques to major safety issues facing the Comission has, in many cases, provided a powerful tool for ensuring that Commission actions are cost effective in reducing the risk to the public. In integrated, computer-based risk information management system developed through this program provides staff with risk-based information to more effectively conduct inspection and licensing activities. It will also provide inspectors with real-time data on plant status and the impact of equipment outages on risk and, thus, will provide a more effective method for evaluating limiting conditions of operation. In addition, the system can be used by the NRC staff to identify and assess procedural changes and m6 dest equipment modifications that- ! may be effective in reducing risk. Further, through the Research Program, a risk assessment report is being prepared that provides a risk perspective on six reference reactor plants representing the major containment types. These plants were selected as being typical of the approxi ately 100 licensed and near-term reactors. These risk perspectives will be used as a basis for developing methodology to apply risk-based techniques to plants without PRAs as part of NRR's implementation of the severe accident policy and to assess the risk importance of existing and proposed regulatory requirements. For example, it will be used to reassess the NRC's emergency planning and siting regulations, further improving the decisionmaking for safety regulations for the nuclear industry. The Research Operations and Risk Program is estimated to cost, for fiscal year 1987, $15.1 million. Earth Sciences research and standards development encompasses seismology, geology, and geotechnical engineering, and the hazards that natural phenomena present to licensed facilities. The research program to determine seismic 11

O hazards (earthquake magnitude and occurrence intervals) for power plant sites and to predict the response of the site to the seismic hazard is closely coordinated with the seismic program to evaluate reactor design requirements. Seismic Analysis improves NRC's understanding of geology and seismology. This research is used to reassess older operating plants and to detemine whethe'r active safety margins exist and quantify these margins. These more accurate reassessments ensure the reactor licensee that only sound regulatory decisions are imposed. , Various research programs provide technical information on the health effects of exposure to radiation and standards for public and occupational radiation exposure. The NRC cooperates in broad areas of radiation protection research with the Comnittee on Interagency Radiation Research and Policy Coordination, the National Council on Radiation Protection and Measurements, and interagency working groups established by the Environmental Protection Agency (EPA). Joint programs for specific research areas are coordinated with the Departments of Defense and Energy, the EPA, the National Science Foundation, and the l National Institutes of Health. In one program, particular emphasis was given to quantification of health risks i of exposure to internal alpha emitters. The results of these cooperative l programs and ongoing research programs contributed to the development of the existing 10 CFR Part 20, which is used to protect nuclear power plant personnel, i and its proposed revision, " Standards for Protection Against Radiation" (51 FR 1 1092, January 9,1986). The Earth Sciences and Health Research Programs are estimated to cost, fur fiscal year 1987, $6.9 million. 12

4 B. Office of Nuclear Materials Safety and Safeguards, i The Safeguards Program is responsible for the technical safeguards review of all 1 1 licansing applications for reactors. These safeguards reviews are to determine if the licensee's proposed safeguards programs are adequate to deter and protect against threats of radiological sabotage and theft or diversion of special nuclear I material at nuclear power plant sites. All safeguards protective measures are ! designed so as not to interfere with the safe operation of a plant both during normal and off-normal situations. Security requirements are designed to protect against the hypothetical design basis threat which is based on the current domestic threat envionment. Program implementation involves a large degree of professional judgment and is influenced by the security needs of contemporary society. Reactor security systems include ! sophisticated detection and alarm systems, barriers, onsite armed response personnel, employee screening programs, contingency plans for timely responses to threatening situations, and safeguards organizations staffed with trained and competent expert personnel. The NRC compiles and analyzes licensee safeguards operational dat'a that can provide early warning patterns and trends in safeguards events. Any generic issues identified are resolved throJgh rulemaking and regulatory guidance. The objective of the safeguards program is to provide adequate protection without compromising safe operation of a nuclear power plant. This program is estimated to cost, for fiscal year 1987, $3.7 million. s G 13 l

O O C. Office of Nuclear Reactor Regulation. In its Nuclear Reactor Regulation Program (NRR), the NRC evaluates issues related to the safety of reactors to determine whether regulatory requirements should be modified, added, or deleted. The evaluation and subsequent actions are based on experience and the latest technology. Factoring the latest Safety Technology into regulatory decisions for operating reactors in a cost-effective manner improves safety and allows operating reactor licensees to

!   achieve a_ safe and effici.ent operation.

NRC Safety Technology applications include (1) the results of the Severe Accident Research Program and source term research that are being incorporated into NRC regulatory practice and (2) technical guidance that is being developed for conducting probabilistic risk assessments, including the assessment of risks from external events. NRC also continues to resolve, by establishing regulatory criteria, (1) matters that affect a number of plants and for which existing safety requirements may not be optimum, (2) matters that affect all plants and for which technical positions based on their safety contribution must be balanced against cost, and (3) matters that involve qualifications, training, and examination of nuclear power reactor personnel. This segment of the Nuclear Reactor Regulation Program is estimated to cost, for fiscal year 1987, $69.4 million. Another segment of the NRR program includes the review of applications for licenses to operate nuclear power reactors. The reviews include all aspects of safety and environmental effects, as well as antitrust implications. 14 i

l i I 1 l 2 Evaluated as part of these reviews are technical reports submitted by industry organizations, primarily vendors, on subjects related to classes of nuclear reactors and their associated systems or operation. Currently, twenty-seven i applications are under active review. This segment of the NRR progtam is estimated to cost, for fiscal year 1987 $6 million. i , 4 D. Office of Inspection and Enforcement. The Inspection and Enforcement (IE) Programs provide increased assurance that reactors in operation will operate safely. Two resident agency inspectors , _ will soon be assigned to almost all single unit operating reactor sites. This i availability to the licensee of an NRC contact assists the licensee in communi-i cating concerns and infonnation to NRC. The overall program is intended to ensure safety through compliance with agency regulations and is estimated to cost, for fiscal year 1987, $79 million. The systematic assessment of licensee performance seeks to improve 1 both NRC regulatory efforts and licensee performance in the operation of nuclear i power plants. The assessment program involves collecting information on a periodic basis about the overall performance of a licensee in a number of important areas, using specific evaluation criteria (e.g., management involve-ment in assuring quality, enforcement history, and responsiveness to NRC ! initiatives). Emphasis is placed on understanding the reasons for licensee performance in those areas assessed, sharing the understanding with the licensee, i and then focusing agency inspection accordingly. Expertise is needed to assist i l 15 l l

O O i in inspections and investigations. Facilities where major problems have been ) identified require additional staff months of inspection and additional technical  ; assistance t;nds to resolve problems and allegations. Specialized inspections may be required as a result of investigations responding to allegations of safety and safeguards violations at nuclear facilities. The analysis of licensee events enables the NRC to identify problems with potential safety significance that may be comon to specific types of plants. This information with recommendations for corrective action is then comunicated

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to licensees for application in their respective plants through Bulletins and , Information Notices. More than 10,000 event reports are reviewed and approxi-mately 100 comunications are issued annually. In addition to these comunications, the new NRC Operations Center improves NRC's capability to respond to incidents at a licensee's plants. The NRC can now use licensee data already available in a computerized data system, such as a safety parameter display system, to assist a licensee. The Incident Response, Enforcement, and Technical Support IE Programs are estimated to cost, for fiscal year 1987, $15.7 million. IE also provides a Specialized Technical Training Program. The Technical Training Center in Chattanooga, Tennessee, manages the program and offers approximately 185 course weeks of specialized training. These courses are i designed to give NRC region-based and resident inspectors the appropriate l background to perform inspections at comercial nuclear power plants. Courses j are offered in design, technology, and operation of pressurized and boiling water reactors, and in other specialized areas of reactor construction, health 16 I

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i physics, quality assurance, and operator license examiner training. Training is conducted in conventional classrooms, scientific laboratories, nuclear

 ;       power plants, and reactor control room simulators. The availability to the licensee of well-trained examiners and inspectors to relay information and i        expedite NRC and plant decisions contributes to uninterrupted operation of a I       reactor. The training center further contributes to cooperation within the
 ;       nuclear industry by opening some of its courses to NRC contractors and other j       government agencies. This IE training program is estimated to cost, for fiscal year 1987., $3.9 million.

IE's vendor Inspection and Quality Assurance (QA) programs are complimentary

 !       and assist in precluding problems for the operating reactor licensee. These i         combined IE programs are estimated to cost, for fiscal year 1987. $7.1 million.
)        Approximately 120 vendor inspections of organizations that provide products l

and services for licensed activities are conducted annually. This provides l assurance that their products or services meet applicable industry and NRC requirements. Vendors include architect-engineering firms, nuclear steam system suppliers, and companies that produce piping, valves, pumps, electrical equip-l ment, and instrumentation for reactors and safety-related systems. The QA l f Program integrates agency activities for quality assurance licensing, inspection, standards, and research, recognizing that substantive improvements in quality must come from the nuclear industry itself, with NRC efforts oriented to the prevention and early detection of major quality problems. 17 l -_-

O O A new QA Program Plan seeks to ensure that a plant's management focuses its energies on activities of safety significance and that management's responsi-bilities are clearly defined and those responsible clearly identified and accountable. Adhering to this plan creates a stable, predictable regulatory environment advantageous to the licensee. As more operating reactors come on line, more inspections are devoted to design changes related to routine , or major modifications to reactors, performed both during operation and during outages, and to vendor services for operating reactors. These inspections particularly concentrate on the technical adequacy of the engineering products in the_ mechanical, electrical and instrumentation, and control areas of a reactor. The inspection activity also includes resident inspectors, provided through IE's Resident Inspector Program, who serve operating reactor licensees and OL applicants by acting as a liaison among the licensee or applicant, region, headquarters, and offsite contacts. Resident inspectors are generalists who concentrate on day-to-day operations, event followup, licensee management, and staff performance. In addition, they coordinate on-site activities of the various agency offices and participate in emergency exercises. They also serve as the agency contact with local officials, the press, and the public. l l Routine and non-routine inspections of licensed nuclear power reactors and review of OL applications, including inspection activities performed under the Resident Inspector Program, are estimated to cost, for fiscal year 1987,

  $52.3 million.

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                                                                                                                         \s, E. Office for Analysis and Evaluation of Operational Data.                                          -
The Analysis and Evaluation of Operational Data Program provides the NRC and nuclear industry a comprehensive review of information and experience gleaned

, from all NRC programs. The Office for Analysis and Evaluation of Operational Data (AEOD) collects, screens, analyzes, and disseminates information about U.S. and foreign reactor operating experience to the agency, the nuclear indus-try, and the public. This program provides for storing and retrieving opera-tional data in several data bases and coordinating use of the data with the Institute ~of Nuclear Power Operations (an industry organization), which sup-ports and manages the Nuclear Plant Reliability Data System. 4 j AEOD reconnends for agency action resolution of safety issues detected through this program. The lessons of operating experience often cannot be derived from viewing a single event; they must be developed by associating events. Through trends and patterns an evolving picture is developed that leads to appropriate corrective actions being identified and implemented before the situation becomes a serious incident. Thus, this program ensures improved safety of operations, plant personnel, and the public; for fiscal year 1987, estimated costs for this program are $7.7 million.

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i IV. Cost Basis: Nuclear Materials Regulation i The proposed rule also imposes a modest annual fee on some materials licensees. These are predominantly persons with licenses authorizing possession and use of significant quantities of special nuclear material in fuel processing and fabrication, or significant quantities of source material in the uranium fuel cycle. These licensees represent connercial operations, and fairness requires that they bear a fair share of their regulatory costs. Total estimated costs for regulation of these materials licensees for fiscal year 1987 are approxi-

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mately-$2I9million. As nuclear power reactor licensees under this proposal will pay only forty-five percent of the NRC costs associated with their regula-tion, the proposed rule provides comparable recovery of costs associated with materials licensees. Therefore, the NRC will recover no more than forty-five percent (approximately $1.3 million) of NRC costs associated with the regulation

of these licensees.
No annual fee has been proposed for the bulk of small materials licensees. It is estimated that the NRC would recover approximately $4 million in fees under the current fee program in 10 CFR Part 170. However, most of these licensees, such as radiographers, doctors, hospitals, etc., are small in sco'pe. The expected collection under Part 170 would be due to the large number of I

l licensees and not to significantly high costs to the NRC in regulating any one I of them. Relieving small materials licensees of the fees presently charged them under Part 170 is consistent with the Budget Reconciliation Act. The l Statement of Managers stated that "because certain Comission licensees, such l as universities, hospitals, research and medical institutions, and uranium 20 l

O O producers have limited ability to pass through the costs of these charges to the ultimate consumer, the Connission should take this factor into account in detennining whether to modify the Comission's current fee schedule for such licensees." 132Cong. Rec.H879,52725(DailyEd. March 6,1986). Taking into consideration the Congressional view, the large number of small licensees, the relatively small fees which would be collected, and the administrative costs for administering such a collection program, the Comission has decided not to collect annual fees from small materials licensees. Annual charges will be collected only from major licensees in the uranium fuel cycle. The following table reflects costs to NRC for providing reactor-related services and certain materials-related services, some portion of which would be recovered by the proposed Part 171 annual fee (the Budget Reconciliation Act limits the amount to be recovered to no greater than thirty-thrce percent of the Comission's total costs). The amount to be assessed, under proposed 10 CFR Part 171, will be computed in accor dance with proposed il 171.13 and 171.15. 21

O O Fiscal Year 1987 Projections (DollarsinThousands) NRC Costs for Regulatory Programs J CostsfoyR Services'ggulatory Programs Reactor-Related Research $ 104,237 Safeguards 3,742 Reactor Regulation 69,373

                    ~0perating License Application                              -

Review 6,045 ! Inspection and Enforcement 78,972 Analysis and Evaluation 4 of Operational Data 7,720 Subtotal $ 270,089 Materials-Related Uranium Fuel Fabrication 1,510 Uranium Hexafluoride Production 66 Uranium Fuel Research and Development 64 Advanced Fuel Research and Development 149 Uranium Recovery--Mills 1.075 Subtotal 5 2,864 GRAND TOTAL $ 272,953 1 Cost recovery under proposed 10 CFR Part 171 is limited, by the Budget Recon-ciliation Act, to thirty-three percent of NRC's estimated budget. , 2 Limited to materials licensee regulatory services provided under 10 CFR Parts 40 and 70. 22

V. Alternatives Considered for the Proposed Rule With respect to nuclear power reactors, three alternatives for implementing an annual charge have been considered. They are: *

1. Continue to collect all fees under Part 170, together with an annual charge on nuclear power reactors with operating licenses in an amount to approximate thirty-three percent of the NRC budget.
2. -Collect no charges under Part 170, and collect an annual charge per unit from persons with operating licenses based upon the power level in thermal megawatts authorized by the license, in addition to an annual charge
on major materials licensees.
3. Collect no charges under Part 170, and collect a uniform annual charge for each nuclear power reactor with an operating license and for each unit under operating license review, in addition to an annual charge on major materials licensees.

l i Inspection of fee data indicates that under each option nuclear power reactor licensees would bear the greatest part of the fee burden. Currently materials licensees pay only about $4 million in fees, the remainder is paid by nuclear power reactor licensees and pennit holders. Estimated reactor fees for fiscal year 1987 to be paid under 10 CFR Part 170 are $33.7 million. Alternative 1 therefore, would not substantially reduce the fee burden on nuclear power reactor licensees and OL applicants in meeting the thirty-three percent collec-tion target under the Budget Reconciliation Act. (Forfiscalyearl'987,the target amount is an estimated $134 million; under alternative 1 about l 23 l

O O ninety-seven percent would be paid by reactor licensees and OL applicants). Alternative 1 does not offer any compensating benefits, either to the licensees or to the Commission. It simply adds another fee layer onto the existing program. However, continuation of charges to licensees other than nuclear power reactor licensees under part 170 imparts an element of equity to the Comission's fee collections, since all licensees would be bearing a fair - share of the fee burden. Alternatives 2 and 3 would add a modest amount over that under alternative

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1 to the fee burden on reactor licensees and 0,L applicants (approximately $4 - _ million less the materials licensees annual charges proposed in $171.15). Both would relieve licensees and the NRC of the burden of following each individual amendment application and inspection effort for the purpose of charging a fee. Billings would be reduced to one per year. The NRC estimates significant agency savings in staff time now devoted to administering the fee ! program under Part 170. The relative insignificance of the added financial burden on licensees and the obvious positive benefits of a single annual charge persuade the Comission that either alternative 2 or 3 is more efficient and therefore preferable to alternative 1. l l The difference between alternatives 2 and 3 is in the manner of calculation of the fee with respect to individual licensed units. Alternative 2 relates the annual charge to the authorized power level in thermal megawatts. Thus, persons with smaller plants would pay a smaller fee. Alternative 3 on the other hand, would establish a single uniform annual charge for all licensed units and applications for OL's under review unrelated to power level. The simple fact of requesting or possessing an operating license would call for payment of the

;    charge.

24

V) i O Preliminary statistical analysis of limited agency cost data for regulating individual units, and multiple unit stations, in reference to authorized power levels shows a positive correletion. However, the data dispersion about the regression line is too large to offer a meaningful predictive equation. The analysis included amendment, operator licensing, and inspection costs as billed to licensees for the period of June 1984 to June 1985. Accordingly, the Commission has selected alternative 3 for the proposed rule because there is no clear correlation between reactor size and NRC regulatory costs. Analysis of the available data is continuing. If additional analysis shows a statistically significant relationship between power level and regulatory costs, the Commission will take that into account in determining the form of the final rule. VI. Sumary of Proposed Rule (Alternative 3) Under 10 CFR Part 171, each person who has an operating license application under active review by the NRC, each person who possesses a license to operate a nuclear power reactor, and each person who holds a major mater.ials license issued under 10 CFR Parts 40 or 70 will be assessed an annual fee. These fees in the aggregate will represent not more than thirty-three percent of the NRC's estimated budget pursuant to the Budget Reconciliation Act. For fiscal year 1987, the estimated budget is $405 million. Thirty-three percent of $405 million is approximately $134 million. Regulatory costs for the applications and licenses covered under this proposed rule are an estimated $272.9 million. Therefore, the NRC is limited to recovering approximately forty-five percent of these regulatory costs. 25

O A. . Reactor Licensees. l Each person who possesses a license to operate under 10 CFR Part 50, regardless of whether the reactor is in service, is required to pay the fee. At this time, licensees possess 103 licenses to operate a nuclear power reactor. This does not include research and test facility licensees who are not required to pay an annual fee. The bulk of research and test facilities are operated by public institutions and have not been charged fees under Part 170. Approximately ten test or research reactors are operated commercially and collectively have paid approximately $20,0C0 annually under Part 170. Consistent with our proposed treatment of small materials licenseos, we would not impose a fee or commercial test and research reactor licensees. Suspension of a license to operate does not relieve the licensee of the obliga-tion to pay the annual fee. The fee per operating reactor license basically will be computed by dividing each fiscal year's budgeted costs times thirty-three percent (less fees collected from major materials licensees) by the number of Ilcensed r.uclear power reactors and nuclear power reactors for which an operating license application is being reviewed, or as further prescribed in i 171.13.

8. _0perating L_icenje Applicants Each person who has made application to the NRC for an Operating License (OL) will pay an annual fee while the OL application is under active review by the NRC. At this time. 27 applications for OLs are under review. No fee will be i

l 26 t

O O charged for the ensuing fiscal year if the applicant requests in writing that the NRC cease active review of the application. However, an applicant is liable for the entire annual fee if the NRC conducts review of an OL application during any part of the fiscal year. If an applicant receives an operating license during a period for which an annual fee has been paid under this provision, a second annual fee for the operating license will not be payable for the same fiscal year, but the fee for the OL will be payable the following fiscal year. The fee for operating license applicants and reactor licensees will be computed as prescribed in i 171.13. C. Materials Licensees. Only major connercial materials licensees are required to pay the annual fee. These licensees include only those associated with the uranium fuel cycle: uranium fuel fabrication, uranium hexafluoride production, uranium fuel research and development, advanced fuel research and development, and uranium recovery--mills. All other materials licensees, whether under 10 CFR Parts 30, 40, 70, or 72, are excluded from paying an annual fee. D. Billing of Fees. The fees will be based on the NRC budget appropriation enacted by Congress for the next fiscal year. If Congress has not acted on the NRC budget request or passed a continuing resolution by September 1 of a given fiscal year, the NRC budget proposed by the President to Congress will be used to calculate annual charges. Each year's fee will be noticed in the Federal Register each 27

O O September prior to billing. Payment to NRC is due on October 1 of each year. The fee for each reactor licensee who receives a license to operate or applicant who requests review of an operating license application subsequent to October 1 of the year is due upon receipt of the license or upon NRC's receipt of the request for review of the application; the fee will not B be prorated. E. Fees Payable Under 10 CFR Part 170 and 10 CFR Part 171.

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Once 10 CFR Part 171 becomes effective, bills for each licensee required . _ to pay fees under Part 170, authorized by the 10AA, will be paid for the period from the last billing under Part 170 up to the effective date of Part 171. Those bills will be sent out late this year or early next year. Under Part 171, fees will not be collected for costs in the areas of (1) byproduct materials other than for major fuel cycle regulatory costs covered by Part 40; (2) construction permit reviews; (3) topical reports; (4) preliminary and final design approval reviews; and (5) 10 CFR Part 55 examinations and certifications. Fees are collected for regulation of these areas now under 10 CFR Part 170. However, if Part 171 is held illegal, the NRC will collect fees under Part 170 from each licensee who would have paid fees under that part even though these licensees were not required to pay a fee under Part 171. If Part 171 is held illegal, in part, the NRC will collect fees under Part 170 from only those licensees affected by the invalidated portion of the regulation who would have otherwise peid fees under Part 170. 28

O O V11. Section-by-Section Analysis In light of the foregoing considerations, the Conunission is proposing to establish annual fees for licensed nuclear power reactors licensed to operate or for which an operating license application is being reviewed and for certain materials license holders. The following section-by-section analysis prov' ides additional explanatory information. All references are to Title 10, Chapter I, Code of Federal Regulations. Section171.5--Definitions. - . , The term " Budget" is defined in its Federal usage. It normally means the appropriation by Congress for the NRC for a given fiscal year. In addition, for the purposes of the proposed rule, the term also means the amounts allowed under a continuing resolution if the Congress has not passed an appropriation for the NRC by September 1 of each year. If, for any reason, Congress fails to pass either an appropriation or a continuing resolution for the NRC by September 1, fees will be calculated using the President's proposed budget for the coming fiscal year. If the resulting fees total more than thirty-three percent of the budget finally passed, the prorated difference would be refunded to the licensees subject to fees under this rule. l 4 The term " Federal fiscal year" sets the period October 1 to September 30 as the base period for the annual fee, which is consistent with the Federal l budgetary process. i 29 I

J l

 '                                                                                             \

1 l The term " Licensed to operate" is used to make it clear that possession of a license issued under the authority of 10 CFR Part 50, whether or not i the plant is actually operated during the fiscal year, makes the holder of 1 J the license subject to the fees unoer this proposed rule. i The term " Materials license" has been modified, in contrast to its meaning ,

within other parts of this chapter, to include only licenses for source material and byproduct material under Part 40, and Special Nuclear Material under Part 70. This decision is based, in part, on the Congressional mandate in Section 7601 to examine whether such fees,should be charged to certain . .

l licensees. The term " Nuclear power reactor" was added to make it clear that only large I nuclear reactors with the capability to generate electricity will be subject to the annual fees promulgated under Part 171. Licensees for research and test reactors will not be subject to fees. l l The terms " Commission," " nuclear reactor," " person," " source material," and l "special nuclear material" are repeated as defined elsewhere in the chapter. l i ! 30 4 l

s j ] Section 171.11 -- Notice. The purpose of this section is to provide a mechanism whereby the annual fees can be adjusted each fiscal year, using the formulas established by li 171.13 and 171.15. Because the adjustment will represent a ministerial task of recal-i { culating, using the formulas established by this rulemaking, the Commissio'n 1 believes that a separate rulemaking each fiscal year to set the actual amount for each annual fee will not be required. Accordingly, once the calculations

have been made, the notice in the Federal Register will serve to advise
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l the affected ifcensees of the fees applicable to them for the following fis. cal, I year. Under normal agency practice, affected licensees will receive a copy of. this notice. l Section 171.13 -- Annual Fees: Nuclear Power Reactor Operating Licenses and Applications i } After examining and analyzing the historical data available, the Commission

has determined that the bulk of its licensee-related activities have and will i continue to be directly related to the regulation of large power reactors.

f I Paragraph (a) of i 171.13 sets the Federal fiscal year as the base time period i ' ! for which charges will accrue and makes those charges applicable to any nuclear power reactor licensed to operate or for which an operating license application is being reviewed during the fiscal year. r l i ' 31 i _ _ _ _ -. ,__ . _ - _ _ _ _ _ _ . -__.- _ _ , _ _ _ _ _ _ _ _ _ _ , . _ _ _ _ , _ _ _ _ _ . _ _ . . ~ _ _ _ _ _ _ _ _ .

O O Paragraph (b) of i 171.13 establishes the basis for which annual fees will be charged for licensed nuclear power reactors and Operating License (OL) applications. The research program develops and analyzes technical information on reactor safety, safeguards, and environmental protection, as a basis for licensing and other decisions in the regulatory process. This information directly relates to the licensing of such reactors. Licensing and inspecti'on activities include both plant-specific and generic review of licensing or inspection matters for which costs cannot be identified as to an individual identifiable recipient. Safeguards activities include such activities as the

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development of contingency plans to deal with threats, thefts, and sabotage;. , assessment studies; and the monitoring, testing, and upgrading of safeguards systems. The remaining safeguards effort is concerned with processing license-related applications and inspection casework for nuclear power reactors. Paragraph (c) of i 171.13 sets out the fomula to be used in calculating the annual fee when the basis for the annual fee is greater than the statutory ceiling of thirty-three percent of the NRC fiscal budget. Also included in the formula is a reduction in that amount by the amount of fees expected to be collected from certain materials licensees as calculated under i 171.15. For fiscal year 1987, the Presioent has requested Congress to appropriate

     $405 million for the NRC. Assuming a Congressionally approved budget, or no amended request by the President, before September 1, 1986, the NRC's estimated costs for fiscal year 1987 will be $405 million. The formula for calculating the annual fee for nuclear power reactors and OL applications includes an offset for the annual fees charged to major materials licensees pursuant tp i 171.15.

32

I 1 The total fees chargeable under i 171.15 are anticipated to be $1,271,000. Applying the formula within i 171.13(c), the following result is obtained:

            $405 million x .33 minus $1.271,000 = $1.01 million per license / application 130 licenses /0L applications Paragraph (d) of i 171.13 modifies the formula in i 171.13(c) for those times                      j when the basis is less than the total amount of fees which would otherwise be j         collectable under the formula in i 171.13(c).

2 Paragraph (e) of i 171.13 establishes the annual fee for each nuclear power l reactor licensed to operate and each OL application under active review by the l NRC for fiscal year 1987. Whether a nuclear power reactor operates at all or - 1 only operates for a portion of the assessment period, possession of a license ! to operate itself requires payment of the annual fee. The same would be true for OL applications under active review. Finally, the paragraph makes it clear that annual fees for subsequent years will be assessed in accordance with the i notice requirement of i 171.11 and the procedures set out in i 171.13. ! Section 171.15 -- Annual Fee: Materials Licenses. I i The annual fee is only applicable to major licensees under Parts 40 and 70 of l this chapter engaged in uranium fuel cycle comercial activities. Paragraph (a) establishes a factor to be used in calculating materials license fees.

The rationale for this factor is the assumption that the basis (costs) used to i

I 33

determine the charges for each nuclear power reactor licensed to operate and for which an OL application is under review (see 6 171.13(b)) will exceed the amount which may be recovered because of the limitation (thirty-three percent of the NRC budget) placed by Congress on those charges. For example, based on the NRC budget for fiscal year 1987, the maximum fees that may be recovered for accrued charges is approximately $134 million. However, budgeted costs for services reasonably related to regulating these reactors and OL reviews will substantially exceed that amount. Therefore, nuclear power reactor licensees and OL applicants will pay only a portion of the costs the NRC will incur in prov5ingregulatoryservicestothem. Materials licensees will not pay any _ greater proportion of the regulatory services costs attributable to them. Accordingly, this factor will be determined by the ratio of total fees which may be recovered under the statutory restriction of thirty-three percent of the NRC budget, to the total costs (basis) incurred ?y the NRC in providing the regulatory services to nuclear power reactor licensees. The resultant factor will then be applied to the calculation of the materials licensee fees. Paragraph (b) establishes the formula to be utilized in calculating materials license fees. The five categories of fees coincide with the budgeted prograres carried on by the NRC in providing regulatory services to the cited classes of licensees. It is the intent of the NRC to charge fees only to l major licensees engaged in uranium fuel cycle activities. The formula equally apportions NRC costs among these licensees, reduced by the factor addressed in i 171.15(a). l l Paragraph (c) provides that if a person holds licenses under more t,han one category, the annual fee will be the cumulative total fees applicable to the licenses held by that person. l 34

                             )

L./ Paragragh (d) sets the annual fees for the cited categories of mate' rials licensees to be collected October 1, 1986, to insure that the NRC does not collect more than the stath ^ry limit for total fees; the fees are rounded down to the nearest five hundred dollars. For example, for fiscal jear 1987, the factor, rounded down, is 0.45 based on the following calculation:

                                      $134 mil _ lion = 0.45 3270 million The fees for the license categories are as follows:

Uranium fuel Fabrication: $1,510,966 x 0.45 = $45,000/ License 15

                                                                                        ~ ~

Uranium Hexafluoride Production: $66,6hfgx0.45=$14,500/ License 2 Uranium Fuel R&D: $64,733 x 0.45 = $7,000/ License

  • 4 Advanced Fuel R&D: $149,230 x 0.45 = $7,000/ License 9

Uranium Recovery--Mills: $1,075,594 x 0.6 = $23,000/ License 21 Section 171.17 -- Payment. This section adds the option of Electronic Funds Transfer to the amthods of pay-ment already in existence under current fee schedules, Part 170 of this chapter. i

  • Fees will be a.ssessed for only commercial licenses, i.e. three of four Uranium Fuel R&D Licenses.

35

Section 171.19 -- Savings. This section makes it clear that collections of fees that would otherwise have been made under 10 CFR Part 170, will be suspended until the legality of Section 7601, Pub. L. 99-272, and the implementing Commission rule have been sustained. The Commission anticipates that once it adopts a final rule, the rule will be challenged in a United States Circuit Court of Appeals. Should Part 171 be overturned, in whole or in part, then collections under 10 CFR Part 170 would resume for fee categories struck down by the court retroactive to suspensions under Part 170, i.e., the effective date of Part 171. Resumption of collections under Part 170 would be noticed in the Federal Register, after which billings would be resumed. Section 171.21 -- Enforcement. This section sets out the sanctions that may be applied should a licensee fail to make timely payment of any annual fees charged. e 36

m Section 171.23 -- Collection, Interest, and Penalties. This section reiterates that collection will be accomplished consistent with 10 CFR Part 15, as is currently the case for collections under 10 CFR Part 170; j but, the section also makes it clear that the NRC will continue its practice of charging interest and penalties for late payments, where appropriate, under the provisions of 4 CFR Part 102. VIII. Conforming Amendment The NRC implements under 10 CFR Part 51 its responsibilities under the National Environmental Policy Act (NEPA) of 1969 for the preparation and issuance of environmental impact statements on all major Comission actions which significantly affect the quality of i.he human environment. Within the broad spectrum of Comission actions subject to 10 CFR Part 51, only those types of actions which have been determined by rule to be i categorical exclusions are excluded from the NEPA process. The remaining types of actions are subject to NEPA review, requiring either an environmental impact statement or an environmental assessment leading in turn to a finding of no significant impact or to a decision to prepare an environmental impact statement. Sections 51.20, 51.21, and 51.22 of the Commission's regulations ! specify the criteria for determining which types of actions require f environmental ~ impact statements, or environmental assessments, or which qualify as categorical exclusions. D 37

Licensing and regulatory actions that do not individually or cumulatively I significantly affect the human environment are declared to be categorical exclusions. The assessment of an annual fee as proposed in the new 10 CFR Part 171 would not alter the environmental impact of licensed activities and, therefore, is determined to be a categorical exclusion. Section 51.22(c)(1) is being amended to add Part 171 to the list of parts subject to the categorical exclusion. i 9 y e G l l

                                                                                                  /

38

i 4 The separate views of Comissioner Bernthal follow: 1 t M e h .l l 4 e 39

The separate views of Comissioner Roberts follow: 6 4 40

9 The separate views of Comissioner Zech follow: l M O O e I t I 41

m O ENVIRONMENTAL IMPACT: CATEGORICAL EXCLUSION r The action required under this proposed rule is administrative and would not impact the environment. The Commission has determined pursuant to 10 CFR 51.22(a) that this proposed rule would be the type of action that is described in categorical exclusion 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed rule.

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PAPERWORK REDUCTION ACT STATEMENT . _ This proposed rule contains no information collection requirements and, ! therefore, is not subject to the requirements of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). REGULATORY ANALYSIS \ The NRC's predecessor, the Atomic Energy Commission, adopted its first license fee schedule in the fall 1968, as codified in 10 CFR Part 170. The authority to collect fees was based on Title V of the Independent Offices Appropriation Act of 1952 (10AA) (31 U.S.C. 9701). That fee schedule covered power reactors, test and research reactors, fuel reprocessing plants and materials licenses. It was revised and updated in 1978 and 1984. 42 i

The license fees were designed to recover a part of the costs of services attributable to identifiable recipients. Only those costs that were associated with the review of a license application and related to a specific identifiable beneficiary were used in the cost base for the establishment of the fee . schedule. Certain costs under the Commission's 1984 revised fee schedule in 10 CFR Part 170 (49 FR 21293), continued to be excluded from fees. Some of the costs that are excluded from the fee base are those associated with (1) research,(2)genericlicensingactivities,j3)standardsandcodedevelopment, l (4) contested hearings, (5) International and State programs, (6) the Offices of Inspector and Auditor (7) Congressional Affairs, and (8) Public Affairs. i Section 7601 of the Consolidated Omnibus Budget Reconciliation Act of 1985, enacted on March 20, 1986, would require NRC, by rule, to establish an annual charge for its licensees, that when added to other amounts collected, is estimated to be equal to thirty-three percent of the estimated costs incurred by the Commission. This section authorized NRC to expand its fee base to recover costs previously excluded such as research and generic licensing activities. This proposed rule reflects NRC's interpretation of the intent of Section 7601. The foregoing discussion constitutes the regulatory analysis for this proposed rule. 43

BACKFIT ANALYSIS This proposed rule does not modify or add to systems, structures, components, or design of a facility; the design approval or manufacturing license for a

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facility; or the procedures or organization required to design, construct, or operate a facility. The proposed rule is administrative and would assess fees to recover allowable NRC costs for regulatory services provided by the Connission to operating nuclear power reactor licensees and applicants and major materials licensees. Accordingly, no backfit analysis pursuant to 10 CFR 50~.109(c) is required for this proposed r,.ule. . REGULATORY FLEXIBILITY CERTIFICATION In accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b), and NRC Size Standards (50 FR 50241, December 20, 19E5), the Commission hereby certifies that this proposed rule would not have a significant economic impact upon a substantial number of small entities. The proposed rule would affect only commercial operating power reactor licensees and applicants and major materials licensees, only a few of whom may constitute a "small entity." LIST OF SUBJECTS 10 CFR PART 171 - Annual charges, Nuclear material, Nuclear power plants and reactors,-Penalties. 44

p s

   ,'                V                                                   s 10 CFR PART 51 - Administrative practice and procedure, Environmental impact statement, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as ' amended, and the Consolidated Omnibus Buget Reconciliation Act of 1985, the NRC is proposing to adopt a new 10 CFR Part 171.

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1. A new Part 171 is added to Title 10, Chapter I, of the Code of Federal _ _

Regulations to read as follows: Part 171- Annual Fee for Nuclear Power Reactor Operating Licenses or Appli-cations and Major Materials Licenses Sec. 171.1 Purpose 171.3 Scope 171.5 Definitions 171.7 Interpretations 171.9 Communications 171.11 Notice i ' 171.13 Annual Fee: Nuclear Power Reactor Operating Licenses and Applications 171.15 Annual Fee: Materials Licenses 171.17 Payment l 171.19 Savings Provision l 171.21 Enforcement . 171.23 Collection, Interest, and Penalties 45

                                                                         \

Authority: Sec. 7601, Pub. L. 99-272, 100 Stat. 146; sec. 301, Pub. L. 92-314, 86 Stat. 222, (42 U.S.C. 2201(w)); sec. 201, 82 Stat. 1242, as amended (42 U.S.C. 5841). I 171.1 Purpose. The regulations in this part set out the annual fee charged to persons with a major materials license and to persons licensed to operate a nuclear power reactor by the United States Nuclear Regulatory Comission or applying for an

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operating license for a nuclear power reactor. , _ l 171.3 Scope. The regulations in this part apply to any person holcing an operating license for a nuclear power reactor issued under Part 50 of this chapter, to any person applying for a license to operate a nuclear power reactor, and to any person holding a materials license as defined in this part. f i 171.5 Definitions. . l

      " Budget" means the funds appropriated by Congress for the NRC for each fiscal l

year, and if that appropriation or a continuing resolution is not passed on September 1 for that fiscal year, the President's budget proposal to Congress. f j

       "Comission" means the United States Nuclear Regulatory Comission or its i       duly authorized representatives.                                    .

i 46 (

       " Federal fiscal year" means a year that begins on October 1 of each calendar year and ends on September 30 of the following calendar year. Federal fiscal years are identified by the year in which they end, for example, fiscal year 1987 begins in 1986 and ends in 1987.
       " Licensed to operate" means having a license issued pursuant to 10 CFR 50.57.
       " Materials license" means a source material (including byproduct material) license issued pursuant to Part 40 of this chapter, or a special nuclear material license issued pursuant to Part 70 of this chapter.                               , ,
        " Nuclear power reactor" means a nuclear reactor licensed by the NRC and designed to produce heat in excess of 50 megawatts for the purpose of generating electricity.
        " Nuclear Reactor" means an apparatus, other than an atomic weapon, used to sustain nuclear fission in a self-supporting chain reaction.
        " Person" means (1) any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group', Government agency other than the Connission, any state or any political subdivision of or any political entity within a state, any foreign Government or nation or any political subdivision of any such government or nation, or other entity; and (2) any legal successor, representative, agent, or agency of the foregoing.

I l 47 l l

                         " Source material" means (1) Uranium or thorium, or any combination thereof, in any physical or chemical form; or (2) Ores which contain by weight one-twentieth of one percent (0.05%) or more of (i) uranium, (ii) thorium, or (iii) any combination thereof. Source material does not include special nuclear material.
"Special nuclear material" means (1) Plutonium, uranium-233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Commission, pursuant to the provisions of section 51 of the Atomic EnerbActof1954,asamended,determinestobespecialnuclearmaterialb.ut, does not include source material; or (2) Any material artificially enriched t

by any of the foregoing, but does not include source material. 6 171.7 Interpretations. Except as specifically authorized by the Commission in writing, no interpreta- ! tion of the regulations in this part by an officer or employee of the l Commission other than a written interpretation by the General Counsel will l be recognized as binding on the Comission. 6 171.9 Comunications. t All communication regarding the regulations in this part should be addressed to the ' Executive Director for Operations, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555. Comunications may be delivered in person to the l Comission's offices at 1717 H Street NW., Washington, D.C. , r 48

i 171.11 Notice. Annual fees, applicable to appropriate NRC license holders and applicants for Operating Licensees (OL) and calculated in accordance with 66 171.13 and 171.15 of this part, will be published in the Federal Register on or before September 1 each year. The fees will become due and payable to the NRC on' October 1 of each year. A person licensed to operate a nuclear power reactor i or a person issued a materials license subject to this part shall pay the annual fee in full for that year upon issuance of the license, excepting an applicant for ait OL who has already paid an annual fee in the year of license issuance. , i 171.13 Annual Fee: Nuclear Power Reactor Operating Licenses and Applications (a) Each person licensed to operate a nuclear power reactor and each applicant ' for an operating license under review shall pay an annual fee for each nuclear power reactor unit for which the person holds an operating license or has an application under review at any time during the Federal fiscal year (FY) in which the fee is due. An application for an operating license is under review from the time the application is docketed until the operating license is issued or the applicant requests the Connission in writing to suspend r'eview until further notice. i \ (b) The basis for the annual fee shall be the sum of NRC costs budgeted for each fiscal year for (1) research activities directly related to the regulation of t nuclear power reactors; (2) nuclear power reactor plant licensing, regulation, and inspection activities; and, (3) safeguards activities for nuclear power reactors. I 49

                                      - ,-., , -,n_,--m,,,,w,--
                                                                - - < ,-,        .--.,.-y -, -

w--, ,, -, - ,- - _ , .-,

i r l I (c) If the basis for the annual fee is greater than thirty-three percent of l the NRC budget less total fees charged under 9 171.15, then the maximum annual fee for each nuclear power reactor that is licensed to operate or for which an OL application is under active review shall be calculated as follows: NRC Budset for FY x .33 minus Fees charged under Q 171.15 = Fee per License / Application Licensec Nuclear Power Reactors and OL Reactor Applications (d) [f the basis for the annual fee is less than the total NRC budgeted costs times thirty-three percent minus the total Materials Fees, then the annual fee - shall be calculated as follows:

                                                                        = Fee per License / Application Licensed Nuclear         r R ac     nd L Reactor Applicati:ns (e) The annual fee for each nuclear power reactor licensed to operate and each OL application under review due on October 1, 1986, is $1.01 million.
 -          Thereafter, annual fees will be calculated and assessed in accordance with i 171.11 of this part and this section.

f 4 50

O O l 6 171.15 Annual Fee: Materials Licenses (a) In those instances when the basis for NRC costs under i 171.13(b) exceeds the costs recoverable by the NRC under i 171.13(c), the ratio of the costs recoverable as fees to the basis for those fees will be factored into the calculation of the materials license fees calculated under this section as' follows: NRC budgeted costs x .33 i Basis under 9 171.13(b) = Factor i l 1 (b) Persons who conduct an activity licensed under (1) Part 70, for Uranium Fuel Fabrication, (2) Part 40 for Uranium Hexafluoride Production, (3) Part 70 for Uranium Fuel R&D and Pilot Plants, (4) Part 70 for Advanced Fuel R&D and Pilot Plants, and (5) Part 40 for Uranium Recovery--Conventional Mills will pay annual fees calculated as follows: Budgeted costs NMSS & IE for the Category x Factor = Fee per License No. of Licenses G 51 l

O O (c) Holders of more than one materials license will pay an annual fee equal to the cumulative total of the fees applicable to the licenses held. (d) The annual fees for materials licensees subject to fees under this section and due October 1,1986, are as follows: (1) Uranium Fuel Fabrication $45,000 . (2) Uranium Hexafluoride Production $14,530 (3) Uranium Fuel R&D $ 7,000 (4) Advanced Fuel R&D $ 7,000 (5) ' Uranium Recovery - Mills $23,000 Thereafter, annual fees for these categories will be calculated and assessed + in accordance with i 171.11 of this part and this section.

     ,5 171.17 Payment.

Fee payments shall be by check, draft, money order, or Electronic Funds Transfer System made payable to the U.S. Nuclear Regulatory Commission. 52 l l

O O 9 171.19 Savings Provision. The annual fee required under the provisions of this part shall be in lieu of all fees due or amounts accrued under 10 CFR Part 170 of this chapter during the Federal fiscal year in which the annual fee is paid, provided 'however, that if any court of competent jurisdiction determines that any fee required by this part is unlawful for any reason, then any suspended fee or payment that otherwise would have been due under Part 170 of this chapter will become payable upon notice by the Commission.

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6 171.21 Enforcement. If any person required to pay the annual fee fails to do so when due, the Commission may refuse to process any application subritted by or on behalf of I the person with respect to any license issued to the person and may suspend or revoke any licenses. W l l l 8 53

4 O o 6 171.23 Collection, Interest, and Penalties. All annual fees will be collected pursuant to the procedures of 10 CFR Part

15. Interest and penalties on late payments will be assessed in accordance with 10 CFR Part 15, 4 CFR Part 102, and other relevant regulations of the United States Government, as appropriate.

PART 51 -- ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC AND RELATED REGULATORY FUNCTIONS

                   ~
2. The authority citation for Part 51 continues to read as follows:

AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); secs. 201, as amended. 202, 88 stat.1242, as amended.124: (42U.S.C.5841,5842). Subpart A also issued under National Environmental Protection Act of asamenced(42U.S.C.4332,4334, 1969, secs. 102, 104, 105, 83 Stat. 853-854, ' Section 51.22 also 4335); and Pub. L. 95-604, Title II, 92 Stat. 3033-3041. f issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 , U.S.C. 2021).

3. In ti 51.22. Part 171 is added to paragraph (c)(1) so that it reads as follows (paragraph (c) is shown for the convenience of the reader):

6 51.22 Criter_1on for and identification of licensing and regulatory actions eligible for categorical exclusion. 54

O O (c) The following categories of actions are categorical exclusions: (1) knendments to Part 0, 1, 2, 4, 7, 8, 9, 10, 11, 14, 19, 21, 25, 55, 75, 95, 110, 140, 150, 170, or 171 of this chapter, and actions on petitions for rulemaking relating to these amendments. Dated at Washington, D.C., this day of 1986. For the Nuclear Regulatory Commission. Samuti J. Chilk. _ Secretary of the Comission. 4 4 l O a I 55 ,

NRC Form 8-C (b 79) P4RCM 0240 COVER SHEET FOR CORRESPONDENCE Use this Cover Sheet to Protect Originals of Multi Page Correspondence. 1

J-1 I j' - , I Annual Fee For Reactors 6 i - The proposed annual fee (10 CFR 171.13(e)) for each nuclear power reactor licensed to operate and each OL application under review is _.,

                                        $1,010,000.

4 4 r

a i

s O J i E o l i P e I 1 E h r i t e 8-l

                                                                                                                                                                                 /     I L

FY 1987 Budgeted Costs That Are Related To Nuclear Power Regulation: ($ in millions) Office of Research $104.2 Office of Nuclear Material Safety and Safeguards 3.7 Office of Nuclear Reactor Regulation 75.4 Office of Inspection and Enforcement and Regions 79.0 Office of Analysis and Evaluation of Operational Data 7.7 Total Budget Costs Relating to Nuclear Power Regulation $270.0 1 I i l l s

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V  ! )

u SALARIES AND EMPENSES

SUMMARY

Estimates of Appropriation The budget estimates for Salaries ang Expenses for FY 1987 provide for obligations of 4405,000,00 M to be funced in total by a new appropriation. Estimates of Oblications and Outlays This section provides for the summary of obligations by program, the summary of financing these obligations, the analysis of out-lays, obligations by function, the proposed appropriation lang-uage, and an analysis of the appropriation language. The summaries of obligations include the Reimbursable program. It should be noted that the obligations related to this program are not financed by N R C's appropriated funds, but solely through reimbursable agreements with other Federal agencies. The agency will deposit revenues derived from the license and inspection fees and enforcement actions to Miscellaneous Receipts of the Treasury. The Summary of Obligations by Program indicates the total obli-gations for Direct and Reimbursable Programs for FY 1985, 9- FY 1986, and FY 1987. The detailed justifications for direct program activities are presented in the same order as they appear in this summary table. g The FY 1986 Estimates do not reflect the 4.3% reduction re-quired by the Balanced Budget and Emergency Deficit Con trol Act of 1985. The total NRC reduction is $17,974,000, i 3 l' F oollars are in thousands, except in text, where whole dollars are used; staff numbers are in full-time equivalents. i l

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,~ d NUCLEAR POWER UNITS WITH V JUN 191985 k AN OPERATING LICENSE PLANT NAME

                 /. Arkansas 1                                                                                                                                              Hope Creek Arkansas 2                                                                                                                                              Humboldt Bay 3 Beaver Valley 1                                                                                                                                         Indian Point 2 Big Rock Point 1                                                                                                                                        Indian Point 3 Browns Ferry 1                                                                                                                                          Kewaunee Browns Ferry 2                                                                                                                                          Lacrosse Browns Ferry 3                                                                                                                                          LaSalle 1 Brunswick 1                                                                                                                                             LaSalle 2 Brunswick 2                                                                                                                                             Limerick I
                /<, Byron 1                                                                                                                                                Maine Yankee Callaway                                                                                                                                               McGuire 1 Calvert Cliffs 1                                                                                                                                       McGuire 2 Calvert Cliffs 2                                                                                                                                       Millstone 1 Catawba 1                                                                                                                                              Millstone 2 Catawba 2                                                                                                                                              Millstone 3                                             ;

Cook 1 Monticello  ! Cook 2 Nine Mile Point 1 Cooper North Anna 1 Crystal River 3 . North Anna 2 to Davis-Besse 1 Oconee 1 Diablo Canyon 1 Oconee 2 Diablo Canyon 2 Oconee 3  ! Oresden 1 Oyster Creek

  ,                 Dresden 2                                                                                                                                              Palisades Oresden 3                                                                                                                                              Palo Verde 1                                            i Duane Arnold                                                                                                                                           Palo Verde 2 Farley 1                                                                                                                                               Peach Bottom 2 Farley 2                                                                                                                                               Peach Bottom 3 Fermi 2                                                                                                                                                Perry 1                                                  '
h. Fitzpatrick Pilgrim 1 Fort Calhoun Point Beach 1 Fort St. Vrain Point Beach 2 Ginna Prairie Island 1 l Grand Gulf 1 Prairie Island 2 4
                  ,Haddam Neck                                                                                                                                             Quad Cities 1                                        ,

Hatch I Quad Cities 2 p. ,. 3?. Hatch 2 g Rancho Seco ,,,...y t'd s. # O mer

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j- PLANT NAME t J ! 7.f River' Bend 1 !- Robinson 2 l Salem 1

  • i Salem 2
                                 . San Onofre 1 fr. San Onofre 2                                                                                                                                                                         i i                                   San Onofre 3 4

Sequoyah 1 lequoyah 2 4 j

*toreham if St. Lucie 1. .

St. lucie 2 ' Sumer (- Surry 1 Surry 2 - l' /0Susquehanna1 i Susquehanna 2 1 l Three Mile Island 1 , ) Three Mi3e Island 2 Trojan , Turkey _ Point 3 Turkey Point 4 Vermont Yankee-Washington Nuclear 2 i Waterford 3 s.

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I i JUN 191986 UNITS WITH A PENDING OPERATING LICENSE APPLICATION

1. Beaver Valley 2
2. Bellefonte 1
3. Bellefonte 2
4. Braidwood 1
5. Braidwood 2
6. Byron 2
7. Clinton 1
8. Comanche Peak 1
9. Comanche Peak 2-
10. Grand Gulf 2
11. Harris 1
12. Limerick 2
13. Midland 1
14. Midland 2
15. Nine Mile Point 2
16. Palo Verde 3
17. Perry 2
18. Seabrook 1
19. Seabrook 2
20. South' Texas 1
       ~21. South Texas 2
22. Vogtle 1
23. Vogtle 2
24. Washington Nuclear 1
25. Washington Nuclear 3
26. Watts Bar 1
27. Watts Bar 2
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_m . . m ,

r. :;+ Y t Fiscal Year 1987 Projections (Dollars in Thousands)

NRC Costs for Regulatory Programs l Costsfoy'Rggulatory Programs S_ervices Reactor-Related Research $ 104,237 Safeguards 3,742 Reactor Regulation 69,373 Operating License Application Eeview 6,045 Inspection and Enforcement 78,972 Analysis and Evaluation of Operational Data 7,720 Subtotal $ 270,089 Materials-Related Uranium Fuel Fabrication 1,510 Uranium Hexafluoride Production 66 Uranium Fuel Research and Development 64 Advanced Fuel Research and Development 149 Uranium Recovery--Mills 1,075 Subtotal $ 2,864 GRAND TOTAL i 272,953 I Cost recovery under proposed 10 CFR Part 171 is limited, by the Budget Recon-ciliation Act, to thirty-three percent of NRC's estimated budget. 2 Limited to materials licensee regulatory services provided under 10 CFR Parts 40 and 70. 22 d/ 1

                                                                                              .l
   '/                                                                                                               Jun) 24, 1986       x U. S. NUCLEAR REGULATORY COMMISSION FUNDS RELATED TO OPERATING REACTORS                                                      N* 4 (DOLLARS IN THOUSANDS)

FY 1987 Estimates Contract Staff FTE's Dollars Costs 9/ Total

1. Nuclear Reactor Re ulation Pro ram s perating Reactors 395 $ 17,050 $ 29,921 $ 46,971 Operator Licensing 78 2,110 5,909 8,019 Casework
        - Power Reactor Licensing Reviews 1/                            46           2,560          3,485                    6,045 *
         - All other   2_/                                              15           1,090          1,137                    2,227
         - Less Other Licensing Reviews (Non-Power Reactors) 3_/       -8            - 710          - 606                   -1,316 Safety Technology                                             101           5,290          7,651                   12,941 4

TMI-2 Clean-up 7 531 531 Subtotal 634 $ 27,390 $ 48,028 $ 75,418 *

2. Inspection and Enforcenent Program Reactor Construction 32 $ 300 $ 2,213 $ 2,513 Reactor Operations 637 6,185 44,040 50,225 I '
                                                                                                    - 484                   - 484
   \ p - )Less Inspections at Non-Power Reactors kAendor and Quality Assurance                                        65           2,645          4,494                    7,139 Enforcement, Technical Support and Incident Response         152           7,670         10,508                   18,178
          -LessTechnicalSupporttoInvestigations1/                      -17                         -1,175                   -1,175 6                                                           -1,314                   -1,314
          - Less Allegation Follow-up _/                               -19
  • Power Reactor Licensing Reviews is a separate line item on pg. 22  ;

of the proposed rule. Therefore, the subtotal for reactor regulation feuM1Ml% _ . _ _ _ _{ ._vz_A1naAr

                                                                                                                         %, . g,84%Sh4 A.
                    '                                                                                                                        x
  /                                                             O. S. NUCLEAR REGULATORf COMMISSION FUNDS RELATED TO OPERATING REACTORS (q'

(D0LLARS IN THOUSANDS) FY 1987 Estimates Contract Staff FTE's Dollars Costs El Total

 ,a

{ \ . t ,ipecialized Technical Training 23 2,300 1,590 3,890 Subtotal 866 $ 19,100 $ 59,872 $ 78,972

3. Nuclear Material Safety and Safeguards Program Power Reactor Safeguards 1/ 40 $ 1,040 $ 2,702 $ 3,742
4. Nuclear Regulatory Research Program Reactor Engineering 51 $ 40,100 $ 4,086 $ 44,186 Thermal Hydraulic Transients 14 16,400 1,122 17,522 Accident Evaluation 19 19,000 1,522 20,522 Reactor Operations and Risk 41 11,800 3,285 15,085 Waste Management, Earth Sciences and liealth 35 11,740 2,804 14,544
       - Less High and Low-Level Waste8 ]                                             _ - 19          -6,100        -1,522            -7,622 Subtotal                        141       $ 92,940     $ 11,297           $104,237 6 - Office for Analysis and Evaluation of Operational Data                                                                 44       $ 4,590      $ 3,130     -10_/ $ 7,720 Total                        1,725        $145,060     $125,029           $270,089 SOURCE:                  FY 1987 President's Budget (NUREG-1100, Vol. 2) and Data Base Detail.
                                                                                                                                .s 4
    ~
        /                                                    FOOTNOTES                                                           N , s. '

1/ Direct FTE's from the Data Base Detail is 31.9. When increased by the overhead ratio of .45, it then totals 46 FTE. The overhead ratio for NRR is calculated as follows: ! Direct FTE's 471 from Data Base Detail

      -                        Variable 0/H FTE's        86
( Fixed 0/H FTE's 132 ix .

Total 0/H 212 - 0/H as % of Direct .450 2_/ The FTE's and contract dollars are the balance of the Casework program shown in the President's Budget. 1/ Direct FTE's from the Data Base Detail is 5.6. When increased by the overhead ratio, it then totals B FTEs. M Direct FTE's from the Data Base Detail is 4.6. When increased by the overhead ratio of .457, it then totals 7 FTEs. The overhead ratio for IE is calculated as follows: Direct FTE's 779 From Data Base Detail Variable 0/H T6E' Fixed 0/H 194

Total 0/H 356 - 0/H as % of Direct .457 5,_/ Direct FTE's from the Data Base Detail is 12.0, When increased by the overhead ratio, it then totals 17 FTE's.

O Direct FTE's from the Data Base Detail is 13.3. When increased by the overhead ratio, it then totals 19 FTE's. (O) U 0irect FTE's from the Data Base Detail is 26.4 and contract support is $1,040K. The direct FTE's,when increased by the overhead ratio of .506, then tota's 40 FTE's. The overhead ratio for NMSS is calculated as follows: i Direct FTE's 239 From Data Base Detail Variable 0/H T " Fixed 0/H 75 Total 0/H 121 - 0/H as % of Direct .506 i

s

          .=                                                                                                                    a
                                                                                                                               % y-
   '#                                                             FOOTNOTES-8/   Direct FTE's frsa the Data Base Detail is 13.0 and contract support is $6,100K. The direct FTE's,when increased by the overhead ratio of .475, then totals 19 FTE's. The overhead ratio for RES is calculated as follows:

i ! Direct FTE's 122 From Data Base Detail 4 Variable 0/H T " a a Fixed 0/H 41 Total 0/H 58 - 0/H as % of Direct .475 El Staff costs were calculated by multiplying the FTE's by following labor rates: NRR IE NMSS RES Salaries and Benefits $38,340K $55,750K $17,370K $10,210K

Administrative Support 11,950 17,470 6,220 3,690 .

Travel 1,450 5,250 730 520

Total $51,740K $78,470K $24,320K $14,420K l FTE's 683 1,135 360 180 Rate per FTE $75,750 $69,136 $67,555 $80,111

\

El The staff costs were calculated as follows
PTS Salaries and Benefits $17,250 l Administrative Support 5,720 i Total $22,970 FTE's 330 '
                                                                                $69,606 4 1                                 Rate per FTE The FTE's for AE0D are:                                  44 44 x $69,606                                 $ 3,060K                                            '

i AE00 Travel 70 i

Total $ 3,130K l

NRC F:rm 8-C (4-79)  ! NRCM O240 I COVER SHEET FOR CORRESPONDENCE Use this Cover Sheet to Protect Originals of Multi Page Correspondence. l

t r$ _ Fiscal Year 1987 Projections (Dollars in Thousands) NRC Costs for Regulatory Programs CostsfoyR Services ' ggulatory Programs Reactor-Related I iReseaNS 7 0riai y R* = .)" f 78".104;2371 - Safeguards 3,742 Reactor Regulation 69,373 Operating License Application F.eview C,045 Inspection and Enforcement 78,972 Analysis and Evaluation of Operational Data 7,720 Subtotal $ 270,089 Materials-Related i Uranium Fuel Fabrication 1,510 j l Uranium Hexafluoride Production 66 ! Uranium Fuel Research and l Development 64 Advanced Fuel Research and Development 149 Uranium Recovery--Mills 1,075 Subtotal $ 2,864 GRAND TOTAL  ! 272,953 3 Cost recovery under proposed 10 CFR Part 171 is limited, by the Budget Recon-ciliation Act, to thirty-three percent of NRC's estimated budget. 2 Limited to materials licensee regulatory services provided under 10 CFR Parts 40 and 70. 22 4-2 _ _ _-- i

June 24, 1986 4

    '.*.                                     U. S. NUCLEAR REGULATORY COMMISSION                                            \

T FUNDS RELATED TO OPERATING REACTORS g' ,y g, (DOLLARS IN THOUSANDS) - FY1987 Estimate $^ e '##"* " Contract Staff FTE's Dollars Costs -/ Total .l. Nuclear Reactor Regulation Program rating Reactors 395 $ 17,050 $ 29,921 $ 46,971 Operator Licensing 78 2,110 5,909 8,019 Casework

        - Power Reactor Licensing ReviewsI /                           46          2,560          3,485            6,045
        - All other    -/                                              15          1,090          1,137            2,227
        - Less Other Licensing Reviews (Non-Power Reactors) /        -8            - 710          - 606          -1,316 Safety Technology                                            101           5,290          7,651           12,941 THI-2 Clean-up                                                  7                            531              531 Subtotal                     634        $ 27,390      $ 48,028         $ 75,418
2. Inspection and Enforcement Program Reactor Construction 32 $ 300 $ 2,213 $ 2,513 R: actor Operations 637 6,185 44,040 50,225
     , q Less Inspections at Non-Power Reactors AI                  - 7                           - 484           - 484 i      )

2,645 4,494 7,139

    'n,indor and Quality Assurance                                     65 Enforcement, Technical Support and Incident Response         152          7,670         10,508           18,178
         - Less Technical Support to Investigations 1/                -17                        -1,175           -1,175 6                                                          -1,314           -1,314
         - Less Allegation follow-up _/                               -19

U. S. NUCLEAR REGULATORY COMMISSION

   ~                                                FUNDS RELATED TO OPERATING REACTORS                                  r4[

(DOLLARS IN THOUSANDS) FY 1987 Estimates Contract Sta f f FTE's Dollars CostsEl Total etialized Technical Training 23 2,300 1,590 3,890 Subtotal 866 $ 19,100 $ 59,872 $ 78,972

3. Nuclear Material Safety and Safeguards Program Power Reactor Safeguards E 40 $ 1,040 $ 2,702 $ 3,742 4.._ Nuclear _ Regulatory Research Program-Reactor Engineering 51 $ 40,100 $ 4,086 $ 44,186 Thermal Hydraulic Transients 14 16,400 1,122 17,522 Accident Evaluation 19 19,000 1,522 20,522 R actor Operations and Risk 41 11,800 3,285 15,085 Waste Management, Earth Sciences and Health 35 11,740 2,804 14,544
      - Less High and low-level Waste -                                   _- 19           -6,100        -1,522    -7,622 Subtotal                       141        $ 92,940,    $ 11,297   $104,237
5. Office for Analysis and Evaluation of Operational
  ,/" N Data                                                                  44        $ 4,590      $ 3,130    $ 7,720
  !U)                                         Total                        1,725        $145,060     $125,029   $270,089 SOURCE:               FY 1987 President's Budget (NUREG-1100, Vol. 2) and Data Base Detail.

FOOTNOTES .} i 9? y 1/ Direct FTE's from the Data Base Detail is 31.9. When increased by the overhead ratio of .45, it then totals 46 FTE. The overhead ratio for NRR is calculated as follows: Direct FTE's 471 From Data Base Detail Variable 0/H FTE's T " Fixed 0/H FTE's 132 O Total 0/H 212 - 0/H as % of Direct .430 2/ The FTE's and contract dollars are the balance of the Casework program shown in the President's Budget. 3_/ Direct FTE's from the Data Base Detail is 5.6. When increased by the overhead ratio, it then totals 8 FTEs. II Direct FTE's from the Data Base Detail is 4.6. When increased by the overhead ratio of .457, it then totals 7 FTEs. The overhead ratio for IE is calculated as follows: Direct FTE's 779 From Data Base Detail Variable 0/H Tb"2 Fixed 0/H 194 Total 0/H 356 - 0/H as % of Direct .457 EI Direct FTE's from the Data Base Detail is 12.0. When increased by the overhead ratio, it then totals 17 FTE's. 6_/ Direct FTE's from the Data Base Detail is 13.3. When increased by the overhead ratio, it then totals 19 FTE's.

 -71     f irect FTE's from the Data Base Detail is 26.4 and contract support is $1,040K. The direct FTE's,when increased by the overhead ratio of .506, then totals 40 FTE's. The overhead ratio for NMSS is calculated as follows:

Direct FTE's 239 From Data Base Detail Variable 0/11 Ali Fixed 0/H 75 Total 0/H 121 - 0/H as % of Direct .5D6

FOOTNOTES *

                                                                                                                                        %    h 8f     Direct FTE's from the Data Base Detail is 13.0 and contract support is $6,100K. The direct FTE's,when increased by the overhead ratio of .475, then totals 19 FTE's. The overhead ratio for RES is calculated as follows:

Direct FTE's 122 From Data Base Detail Variable 0/H T " " Fixed 0/H 41 Total 0/H 58 - 0/H as % of Direct .475 I El Staff costs were calculated by multiplying the FTE's by following labor rates: NRR IE NMSS RES ] i Salaries and Benefits $38,340K $55,750K $17,370K $10,210K Administrative Support 11,950 17,470 6,220 3,690 4 Traval 1,450 5,250 730 520 Total $51,740K $78,470K $24,320K $14,420K FTE's 683 1,135 360 180 Rate per FTE $75,750 $69,136 $67,555 $80,111 El The staff costs were calculated as follows: i PTS Salaries and Benefits $17,250 Administrative Support 5,720 Total $22,970 FTE's 330 Rate per FTE $69,606 The FTE's for AE0D are: 44 , 44 x $69,606 $ 3,060K AE00 Travel 70 Total $ 3,130K I l l

'  ~

(y' ) C C QJ

                                                                                                                )
   ,                                 e: NUCLEAR- REGULATORY"RESEARCH PROGR AMS (Dollars are in thousands, except in text, where whole dollars are I                 used; staff numbers are in full-time equivalents.)

Total FY 1987 estimated obligations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $113,460 Total Funds ant' Staff FY 1985 FY 1986M FY.1987 3 Actual Estimate TEstimate Salaries and Benefits $ 12,550 $ 11,780 $ 10,210 Program Support 132,982 118,400 99,040 Administrative Support 3,847 3,960 3,690 Travel 580 570 520 Total Obligations $149,959 $134,710 $113,460 (Staff) (226) (207) (180) Program Support Funds and Staff The Nuclear Regulatory Research program support funds I and staff are allocated for major prog rams , as shown below. The program support funds are prims-ily for con-tractual Department of Energy laboratories, i private work by contractors, nonprofit organizations (univer-sities, foundations, etc.), and grantees. The narra-

       .              tive that follows describes               the       programs            and        the i               reasons they are needed.

FY 1985 FY 1986 E -F[1987. Actual Estimate ' Estimate Funds Staff Funds Staff Funds Staff

                                          $ 38,817        53      $ 39,408              53        $ 40,100         51 Reactor Engineering Thermal-Hydraulic                                                                        16,400       14 Transients                    23,964       18          21,457            16 39,965       27          29,900            23            19,000       19 Accident Evaluation i   Reactor Operations                                                                       11,800       41 16,610       55          15,225            51
               & Risk Waste Mgmt, Earth                                                                        11,740       35 13,626       49           12,410           42 Sciences & Health Management Direction                                                                             0    20 and Support                        0      24                   0      J J                                           $132,982     226        $118,400           207          $ 99,040         180 Totals l  T/- Estimates do not reflect 4.3% reduction required by the Balanced Budget and Emergency Deficit Control Act of 1985. The total NRC reduction is
                $17,974,000.

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I

NRC Form 8-C (4-79) NRCM 0240 COVER SHEET FOR CORRFSPONDENCE Use this Cover Sheet to Protect Originals of Multi-Page Correspondence.

g.] ) 0(-O - Fiscal Year 1987 Projections (DollarsinThousands) NRC Costs for Regulatory Programs Programs Costsfoy'Rggulatory Services Reactor-Related Research $ 104,237 j Safeguards 3,742 y. ReactorRegulationINNO ~ .69,373 , c0perating License Application (Md) sReview- - 0,045 Inspection and Enforcement 78,972 Analysis and Evaluation of Operational Data 7,720 Subtotal 5 270,089 Materials-Related Uranium Fuel Fabrication 1,510 Uranium Hexafluoride Production 66 Uranium Fuel Research and Development 64 Advanced Fuel Research and Development 149 Uranium Recovery--Mills 1,075 Subtotal $ 2,854 GRAND TOTAL i 272,953 I Cost recovery under proposed 10 CFR Part 171 is limited, by the Budget Recon-ciliation Act, to thirty-three percent of NRC's estimated budget. 2 Limited to materials licensee regulatory services provided under 10 CFR Parts 40 and 70. 22 (3- Y

                                                                                                                  ~
                                                                                                                  /

4

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f NUCLE AR' R EACTOR -R EGULATION PROGR AMS l (Dollars are in thousands, except in text, where whole dollars are used; staff numbers are in full-time equivalents.) T otal Fy 1987 estimated obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 79,840 Total Funds and Staff 5 FY 1985 FY 19863 4 FY 1987 - Actual Estimate Estimate w Salaries and Benefits $ 39,440 5 39,380 $ 38,340

 %                     Program Support                  35,029            30,900             28,100 Administrative Support            10,604            12,010             11,950 Travel                             1,445              1,470              1,450 Total Obligations           5 86,521          5 83,760           5 79.840 w

(Staff) (711) (716) (683) w Program Support Funds and Staff The Nuclear Reactor Regulation staff and program support

 %                    funds request is allocated to the major programs shown l            below. The program support funds are primarily for contrac-tual work by Department of Energy laboratories and commer-cial contractors. The following narrative describes these programs and the reasons they are needed.

FY 1985 FY 19861/ FY 1987 Actual Estimate Estimate Funds Staff Funds Staff Funds Staff Operating Reactors 5 10,550 280 $ 14,149 361 $ 17,050 395 P Systematic Safety Evaluation of Operating Reactors 926 5 400 8 0 0 Operator Licensing 2,539 59 3,415 68 2,110 78 !_ _ Casework 10,584 189 4,850 119 3,650 61 1 Safety Technology 10,178 124 7,936 112 5,290 101 TMI-2 Cleanup 252 14 150 7 0 7 Management, Direction and Support 0 40 0 41 0 41 l TOTALS $ 35,029 711 5 30,900 716 5 28,100 683 L i 1/ l - Estimates do not reflect the 4.3% reduction required by the Balanced Budget and Emergency Deficit Control Act of 1985. The total NRC reduction is $17,974,000. AA g 11 g 3

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  'NRC Fcrm 8-C (4-79)

NRCM O240 s COVER SHEET FOR CORRESPONDENCE Use this Cover Sheet to Protect Originals of Multi-Page Correspondence.

.h5 ' Fiscal Year 1987 Projections (DollarsinThousands) NRC Costs for Regulatory Programs CostsfoyR Services'ggulatory Programs Reactor-Related Research 5 104,237 Safeguards 3,742 Reactor Regulation 69,373 Operating License Applicatior. Review E,045 gjinspection:end"E,nforcement Cornupa/Pf4[78',9721 Analysis and Evaluation of Operational Data 7,720 Subtotal $ 270,089 Materials-Related Uranium Fuel Fabrication 1,510 Uranium Hexafluoride Production 66 Uranium Fuel Research and l Development 64 , Advanced Fuel Research and Development 149 Uranium Recovery--Mills 1,075 Subtotal 3 2,864 GRAND TOTAL  ! 272,953 A Cost recovery under proposed 10 CFR Part 171 is limited, by the Budget Recon-ciliation Act, to thirty-three percent of NRC's estimated budget. 2 Limited to materials licensee regulatory services provided under 10 CFR Parts 40 and 70. 22

                                                                                                               / i

i June 24, 1986 h U. S. NUCLEAR REGULATORY COMMISSION q j FUNDS RELATED TO OPERATING REACTORS (DOLLARS IN THOUSANDS) FY 1987 Estimates Contract Staff FTE's Dollars Costs El Total

1. Nuclear Reactor Regulation Program erating Reactors 395 $ 17,050 $ 29,921 $ 46,971 Operator Licensing 78 2,110 5,909 8,019 Casework
               - Power Reactor Licensing Reviews 1/                                                                                      46       2,560           3,485           6,045
               - All other El                                                                                                            15        1,090          1,137           2,227
               - Less Other Licensing Reviews (Non-Power Reactors) 3_/                                                                 -8          - 710          - 606         -1,316 Safety Technology                                                                                                       101        5,290           7,651          12,941 TMI-2 Clean-up                                                                                                             7                          531             531 Subtotal                        634     $ 27,390       $ 48,028        $ 75,418 23     Inspection and Enforcement Program Reactor Construction                                                                                                      32    $      300      $ 2,213        $ 2,513 Reactor Operations                                                                                                     637         6,185         44,040          50,225
                -LessInspectionsatNon-PowerReactorsE                                                                                  - 7                         - 484          - 484
            ,m

(,.endor and Quality Assurance 65 2,615 4,494 7,139 l Enforcement, Technical Support and Incident Response 152 7,670 10,508 18,178

                - Less Technical Support to Investigations EI                                                                          -17                       -1,175          -1,175
                - Less Allegation Follow-up E/                                                                                          -19                      -1,314          -1,314

U. S. NUCLEAR REGULATORY COMMISSION FUNDS RELATED TO OPERATING REACTORS L' ' (DOLLARS IN THOUSANDS) 'd N FY 1987 Estimates Contract Staff FTE's Dollars CostsEl Total ecialized Technical Training 23 2,300 1,590 3,890

                                                                                                                ~

Subtotal _ 866 $ 19,100 $ 59,872 $f 78,572':

3. Nuclear Material Safety and Safeguards Program Power Reactor Safeguards 1/ 40 $ 1,040 $ 2,702 $ 3,742
4. Nuclear Regulatory Research Program Reactor Engineering 51 $ 40,100 $ 4,086 $ 44,186 Thermal Hydraulic Transients 14 16,400 1,122 17,522 Accident Evaluation 19 19,000 1,522 20,522 Reactor Operations and Risk 41 11,800 3,285 15,085 Waste Management, Earth Sciences and Health 35 11,740 2,804 14,544
    - Less High and Low-level Waste 8_/                           _- 19           -6,100        -1,522       -7,622 Subtotal                         141      $ 92,940     $ 11,297     $104,237
5. Office for Analysis and Evaluation of Operational 44 $ 4,590 $ 3,130 -10/ $ 7,720 4 Data Total 1,725 $145,060 $125,029 $270,089 SOURCE: FY 1987 President's Budget (NUREG-1100, Vol. 2) and Data Base Detail.

_ _ - - _ _ = _ _ _

u FOOTNOTES l, iT

E Direct FTE's from the Data Base Detail is 31.9. When increased by the overhead ratio of .45, it then totals 46 FTE. The overhead ratio for NRR is calculated as follows

Direct FTE's 471 From Data Base Detail Variable 0/H FTE's 86 Fixed 0/H FTE's 132 Total 0/H 212 - 0/H as % of Direct .450 2/

     -   The FTE's and contract dollars are the balance of the Casework program shown in the President's Budget.

E Direct FTE's from the Data Base Detail is 5.6. When increased by the overhead ratio, it then totals 8 FTEs, 1 !O Direct FTE's from the Data Base Detail is 4.6. When increased by the' overhead ratio of .457, it then totals j 7.FTEs. The overhead ratio for IE is calculated as follows: Direct FTE's 779 From Data Base Detail ! Variable 0/H TU " l Fixed 0/H 194 i 356 - 0/H as % of Direct .457 Total 0/H i 5_/ Direct FTE's from the Data Base Detail is 12.0. When increased by the overhead ratio, it then totals 17 FTE's. i O Direct FTE's from the Data Base Detail.is 13.3. When increased by the overhead ratio, it then totals 19 FTE's. I rect FTE's from the Data Base Detail is 26.4 and contract support is $1,040K. The direct FTE's,when increased by the overhead ratio of .506, then totals 40 FTE's. The overhead ratio for NMSS is calculated as follows: Direct FTE's 239 From Data Base Detail Variable 0/H T " " Fixed 0/H 75 4 Total 0/H 121 - 0/H as % of Direct .506 i

                                                                                                                            -__,n  . . _ _

FOOTNOTES b kl 0/

 -    Direct FTE's from the Data Base Detail is 13.0 and contract support is $6,100K. The direct FTE's,when increased by the overhead ratio of .475, then totals 19 FTE's. The overhead ratio for RES is calculated as follows:

Direct FTE's 122 From Data Base Detail Variable 0/H ~I7 " " Fixed 0/H 41

   \

Total 0/H 58 - 0/H as % of Direct .475 El Staff costs were calculated by multiplying the FTE's by following labor rates: NRR IE NMSS RES Salaries and Benefits $38,340K $55,750K $17,370K $10,210K Administrative Support 11,950 17,470 6,220 3,690 Travel 1,450 5,250 730 520 Total $51,740K $78,470K $24,320K $14,420K FTE's 683 1,135 360 180 Rate per FTE $75,750 $69,136 $67,555 $80,111 E The staff costs were calculated as follows: PTS Salaries and Benefits $17,250 Administrative Support 5,720 Total $22,970 O FTE's 330 Rate per FTE $69,606 The FTE's for AE0D are: 44 44 x $69,606 $ 3,060K AE0D Travel 70 Total $ 3,130K

T ' (n; C C m

                                                                                                       ,r s
                                                                                                      %J         )
                         %J' l                                . . . .   . . . . .   - -.-         . .       .
                            **"lNSPECTION AND ENFORCEMENT' PROGRAMSn ,

p D (Dollars are in thousands, except in text, where whole dollars are used; staff numbers are in full-time equivalents. ) Total FY 1987 estimated obligation s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $98,540 Total Funds and Staff FY 1985 FY 19861 FY 71987 Actual Estimate ' Estimate - Salaries and Benefits $ 53,440 $ 54,570 $ 55,750 Program Support 21,918 21,220 20,070 Travel 4,927 5,070 5,250 Administrative Support 14,301 17,380 17,470 Total Obligations S 94,586 5 98,240 5 98,540 (Staff) (1,105) (1,140) (1,135) Program Support Funds and Staff 8 The inspection and Enforcement staff and program support funds are allocated to the major programs shown below. The program support funds are primarily for contractual

     '6 work by the Department of Energy laboratories and com-mercial contractors. The narrative that follows describes the programs and the reason they are needed.

I FY 1985 FY 19861 VFM T987L Actual Estimate . Estimate Funds Staff Funds Staff Funds .Staf f Reactor Construction $ 809 63 $ 830 38 $ 300 32 Reactor Operations 6,289 555 6,290 630 6,185 637

 -          Vendor and Quality Assurance                      5,902           76       3,120              73          2,645          65
'           Enforcement, Technical Support and incident Response                       7,528          159       8,081          153              7,670        152
-           Fuel Cycle and Materials                              661       95            920           87               970       87
 -          Specialized Technical Training                               729       16       1,979              20           2,300         23 p          Management Direction
  ;          and Support                                0    141              0       139                     0     139 TOTAL                           $21,918 1,105            $21,220 1,140                 $20,070 1,135 I   I/

j - Estimates do not reflect the 4.3% reduction required by the Balanced Budget and Emergency Deficit Control Act of 1985. The total NRC reduc-tion is $17,974,000. 39 4

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NRC Fcrm 8-C ,. (4-79) NRCM 0240 9 I 5 d a COVFR dtlEET FOR CORRESPONDENCE  : Use this Ccver Sheet to Protect Originals of Multi-Page Correspondence. h r I

v' Fiscel Year 1987 Projections i (Dollars in Thousands) NRC Costs for Regulatcry Programs Costsfo[,Rggulatory Programs Services Reactor-Related l Research $ 104,237 Safeguards 3,742 Reactor Regulation 69,373 Operating License Applicatior. F.evic+ C,045 Irspection and Enforcemer.t 76,972

                'AnalysisandEvaluationf[gllq)co.)]

of Operational Data 7,720 Subtotal 5 270,0E9 Materials-Related Uranium fuel Fabricetion 1,510 Uranium Hexafluoride Production 66 Urenium Fuel Research and Developnent 64 i Advanced Fuel Research and Development 149 Uraniur. Recovery--Mills 1,075 l Subtotal  ! 2,864 GRAND TOTAL i 272,953 3 Cost recovery under proposed 10 CFR Part 171 is limited, by the Budget Recon-l ciliation Act, to thirty-three percent of HRC's estimated budget. 2 Limited to sr.aterials licensee regulatory services provided under 10 CFR Parts 40 and 70. 22 6G l / \! \

       ~~
  -                                                                                                     June 24, 1986   ij U. S. NUCLEAR REGULATORY COMMISSION                       y                    9 fut405 RELATED TO OPERATING REACTORS              Mf"da.n,m.-F4h%!b
                                                                                                     ' ~ ~ ' s AL4 @

(DOLLARS IN THOUSANDS) FY 1987 Estinutes Contract Staff FTE's Dollars Costs El Total

1. Nuclear Reactor Regulation Program perating Reactors 395 $ 17,050 $ 29,921 $ 46,971 Operator Licensing 78 2,110 5,909 8,019 Casework
    - Power Reactor Licensing Reviews 1/                           46           2,560          3,485              6,045
    - All other 2_/                                                15           1,090          1,137              2,227
    - Less Other Licensing Reviews (Non-Power Reactors) E         -8            - 710          - 606            -1,316 Safety Technology                                             101           5,290          7,651            12,941 TMI-2 Clean-up                                                  7                              531              531 Subtotal                       634       _$ 27,390      $ 48,028           $ 75,418
2. Inspection and Enforcement Program Reactor Construction 32 $ 300 $ 2,213 $ 2,513 Reactor Operations 637 6,185 44,040 50,225
    - Less Inspections at Non-Power Reactors AI                 -   7                          - 484            -   484 G)endor and Quality Assurance                                     65           2,645          4,494              7,139 Enforcement Technical Support and Incident Response           152           7,670         10,508             18,178
    -LessTechnicalSupporttoInvestigations1/                       -17                         -1,175             -1,175
    - Less Allegation Follow-up 5/                                -19                         -1,314            -1,314

O. S. NUCLEAR REGULATORY COMMISSION 4 FUNDS RELATED TO OPERATING REACTORS (9 (D0LLARS IN THOUSANDS) FY 1987 Estimates Contract Staff TTE's Dollars Costs I Total ecialized Technical Training 23 2,300 1,590 3,890 Subtotal 866 $ 19,100 $ 59,872 $ 78,972

3. Nuclear Material Safety and Safeguards Program Power Reactor Safeguards 1/ 40 $ 1,040 $ 2,702 $ 3,742
4. Nuclear Regulatory Research Program R: actor Engineering 51 $ 40,100 $ 4,086 $ 44,186 Thermal Hydraulic Transients 14 16,400 1,122 17,522 Accident Evaluation 19 19,000 1,522 20,522 R: actor Operations and Risk 41 11,800 3,285 15,085 W3ste Management, Earth Sciences and liealth 35 11,740 2,804 14,544
     - Less High and Low-Level Waste 8_/                         _ .,- 19        -6,100        -1,522      -7,622 Subtotal                         141      $ 92,940     $ 11,297     $104,237
                          ~
5. Jffice for Analysis and' Evaluation of Operational Data 44 $ 4,590 $ 3,130 El $ .7,720 Total 1,725 $145,060 $125,029 $270,089 SOURCE: FY 1987 President's Budget (NUREG-1100, Vol. 2) and Data Base Detail.

_ . = . . . - . . - . . . -_

              ~

FOOTNOTES

                                                                                                                                       ]7 1/    Direct FTE's from the Data Base Detail is 31.9. When increased by the overhead ratio of .45, it then totals 46 FTE. The overhead ratio for NRR is calculated as follows:

Direct FTE's 471 from Data Base Detail Variable 0/H FTE's W " Fixed 0/H FTE's 132 Total 0/H 212 - 0/H as % of Direct .450 2_/ The FTE's and contract dollars are the balance of the Casework program shown in the President's Budget. 1/ Direct FTE's from the Data Base Detail is 5.6. When increased by the overhead ratio, it then totals 8 FTEs.

 #/

Direct FTE's from the Data Base Detail is 4.6. When increased by the overhead ratio of .457, it then totals

                                                                                                         ~

7 FTEs. The overhead ratio for IE is calculated as follows: Direct FTE's 779 From luta Base Detail Variable 0/H T67 ' ! Fixed 0/H 194 Total 0/H 356 - 0/H as % of Direct .457 1# Direct FTE's from the Data Base Detail is 12.0, When increased by the overhead ratio, it then totals 17 FTE's. 6_/ Direct FTE's from the Data Base Detail is 13.3. When increased by the overhead ratio, it then totals 19 FTE's. l-srect FTE's from the Data Base Detail is 26.4 and contract support is fl,040K. The direct FTE's,when increased by the overhead ratio of .506, then totals 40 FTE's. The overhead ratio for NMSS is calculated as follows: Direct FTE's 23S From Data Base Detail Variable 0/H T " " Fixed 0/H 75 Total 0/H 121 - 0/H as % of Direct .506

FOOTNOTES

                                                                                                                         .kb' 8_/   Direct FTE's from the Data Base Detail is 13.0 and contract support is $6,100K. The direct FTE's when increased by the overhead ratio of .475, then totals 19 FTE's. The overhead ratio for RES is calculated as follows:

Direct FTE's 122 from Data Base Detail Variable 0/H T " " Fixed 0/H 41 Total 0/H 58 - 0/H as % of Direct .475 El Staff costs were calculated by multiplying the FTE's by following labor rates: NRR IE NMSS RES Salaries and Benefits $38,340K $55,750K $17,370K $10,210K Administrative Support 11,950 17,470 6,220 3,690 Trav21 1,450 5,250 730, 520 Total $51,740K $78,470K $24,320K $14,420K FTE's 683 1,135 360 180 Rato per FTE $75,750 $69,136 $67,555 $80,111 El The staff costs were calculated as follows: PTS Salaries and Benefits $17,250 Administrative Support 5,720 Total $22,970 FTE's 330 O\ Rate per FTE $69,606 The FTE's for AEOD are: 44 44 x $69,606 $ 3,060K AE00 Travel 70 Total $ 3,130K

                                                                                                                                              ^-

ry f} , 31 PROGR AM TECHNICAL SUPPORT

                               -(Dollars are in thousands, except in text, where whole dollars are used; staff numbers are in full-time equivalents.)

Total FY 1987 estimated obligations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30,525 Total Funds and Staff FY 1985 FY 19861/ FY 1987 Actual Estimate Estimate h $ 18,910 $ 18,270 $ 17,250 a Salaries and Benefits Program Support 5,140 5,080 6,550 Administrative Support 5,656 5,860 5,720 Travel 1,049 1,080 1,005 Total Obligations $ 30,755 $ 30,290 $ 30,525 l (Staff) (365) (355) (330) Program Support Funds and Staff The Program Technical Support program provides direct technical support to agency prog rams . At headquarters this Program is supported by the Advisory Committee on Reactor Safeguards ( ACRS), the Atomic Safety and Licens-ing Board Panel ( ASLBP), the Atomic Safety and Licensing Appeal Panel ( ASLAP), the Office of international Programs (OIP), and the Office for Analysis and Evaluation of Oper-ational Data ( AEOD). Technical support is provided at both headquarters and the regions by the Office of Inves-tigations (OI), the Office of State Programs (SP) and the Office of the Executive Legal Director (ELD). The alloca-tion of program support funds and staff to each office follows with narrative describing the programs and their needs. FY 1985 FY 19861/ - FY ' 1987. Actual Estimate Estimate Funds Staff Funds Staff Funds Staff ACRS $ 285 54 $ 250 50 $ 320 42 608 51 822 48 820 38 ASLBP 3 16 10 15 10 14 , ASLAP 44 0 38 0 44 0 01 74 102 60 96 60 91 j ELD 53 29 10 27 50 25

       ;                     OIP 722       35            695          33                  700_,        32 l             . SP.

3,395 40 3,233 J T4,590, 44'

                   ;AEOD
                                                          $5,140      365    $5,080             355                $6,550        330 TOTALS
     '                       1/ Estimates do not reflect the 4.3% reduction required the Balanced Budget                                  [

4 and Emergency Deficit Control Act of 1985. The total NRC reduction is

                                 $17,974,000.

85

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NRC Fcrm 8-C (4-79) NRCM 0240 COVER SHEET FOR CORRESPONDENCE Use this Cover Sheet to Protect Originals of Multi Page Correspondence.

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NRC Form 8-C NRCM 40 l COVER SHEET FOR CORRESPONDENCE Use this Cover Sheet to Protect Originals of Multi Page Correspondence. t l

NRC Form 8-C (4-79) NRCM 0240 COVER SHEET FOR CORRESPONDENCE Use this Cover Sheet to Protect Originals of Multi-Page Correspondence. l

N l The Proposed Annual Fees (10 CFR 171.15(d)) For Major Fuel Cycle Licenses Are As Follows: ' (1) Uranium Fuel Fabrication $45,000 (2) Uranium Hexafluoride' Production 14,500 (3) Uranium Fuel R&D 7,000

       .(4) Advanced Fuel R&D                                 7,000 (5) Uranium Recovery - Mills                       23,000 4

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FY 1987 Budgeted Costs That Are Related to Materials (Major Fuel Cycle) I Licenses:

                                                                                            }

($ in millions)  ; t Office of Nuclear Material Safety and Safeguards $1.5 Office of Inspection and Enforcement { 1.4 { Total Budgeted Costs Related to Material (Fuel Cycle) Licenses $2.9 i

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o o ns: l l 5/23/86 WANluil PJXIA'EIN FISOWCES ASSOCIATED WIIH  ! 1

                           -               RFLU1ATING WANIUd MILIM-                            . _ . -

FY87 PRES BUD PA/ SPA ACTIVIIY FIE/$1' 03/110 Revisc 10 CFR 40 2.6/50 03/210 Develop Decocmissioning Policy 0.1 03/220 Develop ReEulatory W idance 1.7/50 03/3'0 Review Monitoring Reports 1.9 04/121 Uranlun Mill Renewals 0.4 04/131 Uraniun Mill Major Amendnents 1.8/100 04/140 Minor and Mu Anendnents 1.0 04/150 Amen &ents for 10 CFR 40 Cmpliance 1.0 Os/170 Review Proposed License Denials 0.1 04/180 Pre-Licensing Widance 1.0 11.6/200 l 1 l l l l

                      -1/ Per 5/23/86 telecon among J. Evans, R. Suith, and R. Fonner.

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Fiscal Year 1987 Projections (Dollars in Thousands) hRC Costs for Regulatory Prograr.s Costsfo{'Rggulatory Programs Services Reactor-Related Research $ 104,237 Safeguards 3,742 Reactor Regulation 69,373 0 prating License A;plicatier. Revien 6.045 Inspection and Enforcement 78,972 Analysis and Evaluation of Operational Data 7,720 Subtotal $ 270,089 Materials-Pelated Uraniur. Fuel Fabrication 1,510 Uraniur. Hexafluoride Production 66 Uranium Fuel Research and Development 64 Advanced Fuel Research and Development 149 Uranium Recovery--Mills 1,075 Subtotal $ 2.864 GRAND TOTAL $ 272,953 A Cost recovery under proposed 10 CFR Part 171 is lirited, by tl.e Budget Recon-ciliation Act, to thirty-three percent of NRC's estimated budget. 2 Limited to materials licensee regulatory services provided under 10 CFR Parts 40 and 70. 22 paw : b' 44v s(; T;.;uw.;z m .,. w cu g.g. m m ,.- ,-. ..fh$ f Ifi M,W5^ldN'.&& M&Mn9e. y-R$n$[T@+W'T@h&*)$g#8x,% wik w gM(s,p$W#[&.._,Q,?,i.Q

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  • pid.*.>b FA-2 m y 15, 1986 ya Page 1 h1 ACTIVE FUEL CYCLE PLANTS Empiration N ci Facility License No. Date
  • Docket No. Operations Safeeuards Licensee Location ,

I ORY: MANItBI FUEL FAMICATliRI (PPSAS # = 51141: Prosram Code = 21210 Lecomissionine Program = 21215) (FY86 Receipts = 50 Cases; Completions = 48) ,, S10F1168 LEU Fabrication feC&A/PS 05/31/88 Rahrark and Wilcox-CIFF Lynchhierg, VA 70-1201 r-rcial LWR Feel E U Fabrication & Scrap Recovery MCAA/PS 05/31/89 S. Sabcock and Wilcox-flaval Lynchburg, VA S800- 4 2 U 70-27 Naval Reacter Fuel (4)S Babceck and itilcox Apollo, PA 580F145 LEU Conversion (UF to UD ) & Scrap Recovery, being osumiss oned MCAA/PS 09/30/86 fg 70-135 Mindser, CT S881-1967 LEU Fabrication MC&A/PS 02/29/88 h

    '     Lombustion Engineering                                                                                                  .
                                                                                                                                                                                                      ;;j Cosamercial List Fuel 70-1100 LEU (.anversian s;eig en lug) 4 Scrap #ecove*y             !CE */PS      12/31/32 I Costusticr. Er.ginecrir.g                       :Is,atite,3G                        5354- 3 3 70-36
                                                                                           $80F21*            Hot cell operation only                                    MC8A/PS       06/30/89 b Emergy Systests Group                           Canoga Park, CA (Rockwell)                                                                    70-25              Pu plant being_decommMfoned ,
     '/ Exxon Nuclear                                  Richland WA                         SleF1227**         IFu Conversion (UF to UO ; Fabrication &

Scrap Recovery; CoImiercia$)LtNt Fuel MC8A/PS 10/31/86 5' 70-1257 580F6% HEU Fabrication & Scrap Recovery; ra==*rcial HTGR , MC8A/PS 12/31/89 I CA Technologies San Diego, CA 70-734 Fuel; LEU Fabrication (1RIGA) LEU Conversion (UF to U0 MC&A/PS 06/30/89

           'eneral Electric                           Wilmington, NC                       SNM-1997                                       2 ) & Fabrication 70-1113            Commercial Lint FueI Erwin, TM                           5800- 12 4 * *
  • HEU Conversion & Scrap Recovery; Itaval Reactor 8tCAA/PS 02/29/84 p, Nuclear Fuel Services Fuel Cycle; LEU Scrap Recovery 70-143
                                                                                                                                                                                                          )
  " License Member 5806-21 covers both IEU operations, hot cell, and plutentua R88 Ilcensed by FCUF Branch (Pu facility to be decommissioned)                                                             h U

me License Ihamber 58eF1227 covers both LEU operations and plutonfism RID licensed by FCUF 8 ranch. l . emmissioned) men Licent 'ewber $8eF124 covers both HEU end IEU operations and plutonium it&D Ifcensed by FCUF Branch (Pu facility being, D = Decommis:loning -

                                             ,, r ,
                          .                                                                                                                                                                                l FA-2                     Alr May 15, 1986 ACTIVE FUEL CYCLE PtANTS                                                                            @

Facility License 10o. n Expiration A ! Licensee Location Docket 10 0 . Operations safeginards Date 8' C# TY: URAIIItal FUEL FABRICATION (CONT) (PPSAS # = 51141: Program Code = 21210: Decommissioning Program Code = 21215) ei E g Seequoyah Feels Crescent City, OE $889-928 LEU Facility being decommissioned MC&A/PS D3/31/88 E Corporation (RIII) 70-925 " (A Texas Estruments-(RI) Attleboro, M4 Slet-23 Being decommissioned IICAA/PS being 79-33 - ~~ terminated f3 talc Naval Products Uncasville, CT Slet-368 HEU Fabrication MC&A/PS 02/28/86 'j 70-371 IIaval steactor Fuel g idood River Junction, RI , (D) United leuclear $100-777 70-820 HElf Scrap Recovery being decommissioned MC&A/PS being terminated {

                                                                                                                                                                                                     ;q ff Wstingh~ne Electric                    Celt:nbis, SC               0181- 11::7       LEU Cun.entois (t;F  g to UO.) Fabrication & Scran           sauf%        eSf31/90 70-1151           Recovery; ra==*rcial Ltft fue,l                                                      .

IENGER OF OPERATI0IIAL: 12 HIseER OF SITES: 15 Im8WER OF LICENSES: 15

                                                                                                                                                                  /                                '
m. Ms res .

CATECDRY: URAllitst HEMAFLUDRIDE Pe0 DUCTION LPPSAS # = 51142; Program Code = 11400) (FY86 Receipts = 4; Complettoms = 4) g I. Allied Chemical Metropolis, IL SUB-526 UF6 Conversion (dry process) No 06/01/90 h 40-3392

  • Sequoyah Fuels Corp.
                                                                                                                                                                                                        -l Sapsoyah, OK                SUB-1010          UF6 Conversion (wet process)                                 Bio          09/30/90 40-8027 1RNeER OF OPERATIONAL: 2                      NUfeER OF SITES: 2              BENBER OF LICDISES:   2_                                    @
                  " License Bhaber 5406-12 4 covers both HEU and IEU operations and plutonium Ras licensed by FCUF Branch (Pu facility being                 osmissioned)

D = Decomissioning I

                                                                                                                                                          *I.                                            ,

FA-2 May 15, 1986 Page 3 ACTIW FML CYCLE PUWITS

                                                                          \

Licensee I facility Location License No. Docket No. Operations Safeguards Expiration Date C' 18Y: FM91 FML STORAGE AT KACTOR SITES (PPSAS # = 51143: Program Code = 23100) (FY86 Receipts = 18; Completions = 17) ee V Ariz Public Service Co. Pale Verde 3 SleF1956 50-530 PS g 70-3022 41/31/9L g Carolina Power Sheaven Harris 1 5800-1939 50-400 V Light ,. 70-2997 PS 10/31/90 Commerasealth Edison Braidwood 1 58st-1938 50-456 N 70-3000 PS 08/31/90 x Commonwealth Edison Bryen 2 Slet-1916 50-455 70-2972 PS 02/28/90 Constners Power Co. Midlar.d 1 SIGI-19G4 50-329 70-2964 PS 10/31/07 Consimers Power Co. Midland 2 5189-1905 50-330 70-2 % 5 . PS 10/31/87 Duquesne Light Beaver Valley 2 58001954 50-412 70-3008 PS 03/31/91 g i O Illinois Power Citaten 1 SleF1886 50- 6 70-2947 ( PS 07/31/90 g hraMohawk Nine Mile Point 2 5809-1895 70-2,48 50-410 PS 11/30/90 9 i et ,

                                                                                                                                                                                                                                  /5

1 FO-2 ,. )

  • y stay 15,1986 h ACTIVE FUEL CYCtE PUWI15 3 Facility License No. Expiration ticensee tocation Docket me. Operations. ,

N Safeomrds cate *-

 "W.NSH FLEL STORAGE AT REACTOR SITES (CallT) (PPSAS 8 = 51143: Program Code = 23100)

Pelic Service % Electric % Nepe Creek 1 Sast-1953 ,- 50-354 E and Gas N 70-3011 / PS 08/23/90 t

                                                                               ~.

Tennessee Valley Authority Bellefonte 1 58s6-1865 50-438 y PS 05/31/91 [ 70-2917 Tennessee Valley Authority Bellefente 2 - 58e1-1883 50-439 7 70-2941 PS 05/31/91 j g Teeseeasse Valley Authority idatts- 1 5100-1861 50-390 PS 10/31/86 h 70-2910

                                                                                                                                                                                               ;;j Tennessee Valley Authority Watte. P,ar 2                                                           Snit-1073        '.#r 331 70-2928 PS           09/30/87 Tomas utilitj                                              Comanche Peak 1                         5806-1912        50-445 Electric Campaay                                                                                   70-2932 PS           12/31/87
              ,/                                                                                                                                                s-asseER OPERATICIIAL: N/A                                   teseER OF SITES- 15 lasWER OF LICENSES: 15 g

D 8 1 2 I I SI, 4 e

i

                          , ,                                                                                                                                    -    .                , , , , r e w px FA-2                         4 May 15, 1986 ACTIVE FUEL CYCLE PLANTS                                                                            i Facility                      License No.                                                                                               E3 l

Licensee Location Empiration m Docket 10 s . Operations Safeeuards _ Date "' j CA' 'W: CalTICAL 18455 NATERIALS sLIENSES [PPSAS # = 51144: Program Code (Universities) = 21318; Pa w.as Code (Others) = 21320: Decommissionine N am Code (Others) = 21325] (FY86 Receipts = 5; Completions = 5) _

Army, Department of the
                                                                   \                                                                                                                                  9 In S18F561           asD and sterage of Material Test Beactor (MTR)

Dover. (' 70-622 type fuel elements No 09/30/84 O AvCO Ever st <=i> coerett. an NSN-130. Res h and deveio ent

                                                                               '\ N         70-1334 Me            mein.

terminated Coluela thiversity (RI) leev York, NY \ SteF870 Research and development and instructional h h -882 Iso 01/31/96 [ Q ~ i ,

Comerce, Sept. of (ISS) Gaithersburg IS SteF362 Irradiation of material; source and instrument 70-398 itCAA/PS 04/30/90 calibration; preparation and distribution of reference soveres.

! castaan Kodait Rochester, NY l 5)dt-1513 IIeutron multip11ers devices for neutron activation PS 04/30/87 0-1703 analysis and for neutron radiography ( Florida Institute of Melbourne, FL 5804-844 Re arch and development and instructional Technology - 70-893 No 04/30/85 O Florida, University of Gainesville, FL SteF1050 Research development and instructional 70-1068 PS 09/30/86 Goodyear Aerospace Akron, OH S?tF1461 Research and velopment activities associated No 04/01/86 70-1489 and uranism enr nt

                      ' Safeguards reviews physical security for these 5890 licenses in conjunction with physical security plans for Part 50 Ilcenses issued by NRR for reactors at these universities.

far which no SIst Ilcenses are issued by 19455. Safeguards revleus physical security plans for approximately 28 additional university reactors

                      .'D) = Decesunissioning 3
                                                                                                                                                          'l.

FA-2 May 15, 1986 AlI'4 ACTIVE FUEL CYCLE PLANTS @

                                                                                                        .-                                                                                                   g Facility         (           License No.                                                                    Expiration  ,o Licensee                                Location                    Docket No.         Operations                                     Safeguards _ Bate
  • C 'NtY: CRITICAL MSS ETERIALS LICENSES (CONT) [PPSAS # = 51144: Program Code (Universities) = 21310: Program Code (Others) = 21320: Decommiss, 0;y Program Code'(Others) = 21325] ee B Idaho State University Pocatello, 10 \ SJet-1373 Research and development and instructional
  • 04/30/86 70-1374 IRT Corporation San Diego, CA 5804-1405 Radiometric analysis a # isotopic analysis PS 05/31/87 70-1359 / ,

Isotopic Analysis (RIV) Tulsa, OK $8st-791\ Commercial analysis laboratory No 04/30/87 ' 70-854 - Massachusetts Institute Cambridge, M l Slei-906 Research and development and instructional 8 11/30/9C- g of Technology 70-938 Navy, Department of white Oak, te 5809-1147 Re arch and development laboratory No 06/30/86 70-1207 New York State Buffalo, NY 5800- 2 73 Resea and development and instructional

  • 10/31/85 University (RI) 70-267 Pennsylvania State IfniversityPark,PA Slet-95 Research a development and instructional
  • 06/30/86 5

University 70-113 h Purdue University idest Lafayette. IN SleF142 Research and lopment and instructional PS 10/31/06 70-152

                                              .ensselaer Polytechnic              Troy,Ilf                       Sast-910           Researth and development and instructional
  • 04/30/87 institute 70-920 Seattle University Seattle, WA 580F589 Research and development a instructional PS 08/31/87 70-600 -
             " Safeguards reviews physical security for these Siel IIcenses in conjunction with physical security plans for Part 50 Ifcensv issued by MRR for reactors at tJeese universities. Safeguards reviews physical security plans for approximately 28 additional university reactors for which no Stel licenses are issued by 18155.                                                                                                             'I

( FA-2 g May 15, 1986 Page 7 ACTIVE FWEL CYCLE P N S l ~ Facility License No. Empiratios Licensee Location Docket No_- . Operations safeguards Date

                                                                                                    ~ "ARY: CRITICAL N4SS NATERIALS LICENSES (CONT) [PPSAS # =                                Program Code (Universities) = 21310: Pmoram Code (Others) = 21320: Decommissioning s                Program Code (ouers) = 21325]                                                     *'

Tele %ne Isotopes (RI , NJ Slet-107 Commercial analysis laboratory No 09/30/86 70-124 Temes, tIniversity of Austin, 5800-18e Research and development and instructional

  • 02/28/86 70-J57 thstern Nichigan lamazee, MI S839-291 ' Pesearch and development and instructional Me 05/31/86 University 70-309 ItseER OPERATIONAL: 20 ItsSER OF SITES: 21 IRBGER OF LICENSES: W 4 Wi ~c ?gm -w.aJ A
                                                                                                                                                                                                                                                            ,, h : ss**

CATEGDRY: INTERIN SPENT FUEL S1DRAGE (PPSAS # = 51145: Program Code = 23200) (FY86 Receipts = lettens = 4) General Electric Norris, IL SleF2500 Spent umi Stor3 y PS 05/31/02 72-1 Separtment of Energy nfest Valley, NY CSF-1 Shutdoun- essing plant. License effectively PS ---- (Nuclear Fuel Services) 50-201 suspended dur the DOE Demonstration Project IRBSER OPERATIONAL: 1

                                                                                                                                                                                                           /

NuleER OF SITES: 2 ItsSER OF LICDISES: g

                                                                                                                                                                                                  /                                                      /
                                                                                     "Safeguares revleus physical security for these Siel licenses in conjunctica with physical security plans for Part 50 icenses issued by WilR for reactors at these untwersities. Safeguards reviews physical security plans for appmximately 28 additional university reactors for which no 5808 licenses are issued by 19455.

(D) = Deccomissioning I

                                                                                                                                                                                                                                                     +}

FA-2 M

    -                                                                                                                                       M e 15, 1986 Page 8 ACTIVE FUEL CYCLE PLANTS                                                                     fl Facility               License No.                                                                              Empiration

_ Licensee Location Docket No. Operations Safeguards Date E

                       ~.          .

CA*'~ W: LMf LEWL MSTE STORAGE (PPSE# = 51146: Program Code = 06100) (FYS6 Receipts = 8; Completions = 1) N '8 5 s Pennsylvania Power Susquehanna, 37-06554-5 Low-Level reactor waste storage (50-387; 50-388) ~ and Li$t No 04/30/88 4 30-19311

  • Tennessee Va11ey Seguayah, TN 41-08165-14 Low-Level reacter waste storage (50-327; 50-328)

Authority ' No 09/30/87

                                                   ,               -19101 Tennessee Valley , /           Brauns Ferry, AL       01-21975-01       Low-Level reactor waste storage (50-259; 50-260;        Its           81/31/88 Authority                                             ??-19182          50-2M)                                                                            g g.

supWER OPERATIONAL: 3 laseER OF _- IEBSER OF LICENSES: 3

                                                                                                                                                                     &I CATEGORY: URANItal FEL R40 Age PILOI PLAMIS (PPSAS f = 51147: Program Code = 21240) (FY86 Receipts = 6; completions = 5)
1. Rahrack and Wilcox Lynchburg, VA Slet-778 U & Pu R$D (LyncIdwrg Research Center) IOC&A/PS 01/01/86 70-824 6 3 Satte11e Pacific Richland, W S181-942 U & Pu R&D iso Nortkusest Labs 05/31/86 -

70-984 S: g Rochestar, University of Rochester, NY 5096-1918 Ras k leo 05/31/87 70-2982

    ;       stinghouse Electric          Waltz Mill, PA         5199-779          RIO                                                     90 0          10/31/87 70-698 IllBSER OPERAT10elAL: 4                   NiseER OF SITES: 4               NUISER OF LICEle5ES: g**"*           *
                                                                                                                 ,- en               a  u,-,,~...,

I

                                                                                                                                 *I 0

FA-2 @{ May 15, 1916

  • Page 9 O

ACTIVE FUEL CYCLE PU WTS Empiration

                                                                                                                                                                                            ?

Facility License No. p' Location Decitet Ito. Operations Safeguards Date Licer.see C MY: ADWAICEB FIEL MS AfD PILST PUWifS (PPSAS f = S1148: Program Code = 21130: Decommissionina Program Code = 21135) (FV86 Aeceipts = 11; Cesg>1etions = 10)

                                                                                                                                               '8                                           [
   \

Leechburg, Parts 5881-4 14 Pu facl11ty being decommissioned; Nuclear MCSA/PS 95/3U89 (0) ^ 8at> cock and Wilcest Iteactor Service operations Tounship, PA 70-364 9 ICAA/PS 04/30/88 Battelle femmerlai Celeudmus, CH Seet-7 R&O; lest Cell R$0; Pu factity decomunissioned Institute 70-8 , 3 Cintichen,k . Tunede. NY Seep 639 Hot cell operations-medical (setope Production ICSA/PS 10/31/89_...Q - i 70-687 F (0) Energy Systems Greg Canoga Park, CA SleF21* Pu RAS being decommissioned IICSA/PS 86/30/89 k

(Rockmell) 70-25 Richland, IdA 580F1227** Pu facility decommissioned (same packaged Pu IEAA/PS 10/31/86 (0) Exxon leuclear 70-1257 wastes stored onsite) bGeneralElectric Vallecitos, CA SISF960 Pu facility has been decommissioned; Not cell R&D , MC&A/PS 05/31/89 70-754 twin, TN SleF124*** Pu facility to be decommissioned peC&A/PS 82/29/84 (0)9 uclear N Fuel Services h 70-143 (0)8 Sequoyah Fuels Crescent City, OK SleP1174 Pu facility being decommissioned IEAA/PS 03/31/88 Corporation (elli) 70-1193 Chessick, PA SleF1120 Pu facility decomissioned (license not yet MC1A/PS 46 31. 3h

( W stinghouse (RI) . 70-1143 terminated due to cleang of unrelated residual g uranium contamination onsite)IENBER OF EIGNEES: ,9.[ ItseER OF OPERA 110 BIAL: 4~ laseER OF SITES: 9 ~ ' Abe4va n t%Et c

  • License M*r SleP21 covers both IEU operations, hot cell, and plutoniems 1180 licensed by FCUF Branch. U4 "g ,, J CD License IIundser 580F1227 covers both leu aperations and plutanten 340 licensed by FCUF Branch.
       *** License thatner 548&l24 covers both IEU and LEU operations and plutenteen RSS Ilcensed by FOfF Branch (Pu faclitty hetag esseinfesteme4
                                                                                                                                                                  ,,  .. '3,, '. f ,g.
                                                                                                                                                                                     .f
                                                                                                                                                                                            ;}

O = Decommissioning p. 3 , g. gl {,, 'gg s

                                                                                                                                                                               .meC-s   ,
                             ! p.                                                                   f~*
                                                                                                        ,]
           ,                                                                           WM Paper No: WD-5 Date: A nu y 1&, 1986                    l Jo i,e. Ih                          i 1

_ _ ,. sNMSS_ BACKGROUND PAPER ON .mm~ C RIST:0F NRC-LICENSED: URANIUM REC 0VERY FACILITIES (As of August. 1005) Jon c 1974 Category: Uranium Mill ->/ Status / License Location License No. Docket No. Operating ,3

      /UMETCO Minerals                      Blanding, UT.                     SUA-1358             40-8681 9 ear-Creek Ur:ni =
  • Ccavers: Cc.. WY SUA 1310 40-0452
     / Pathfinder Mines                     Shirley Basin, WY                 SUA-442             40-6622 3Rio Algom                             La Salle, UT                      SUA-1119            40-8084 Shutdown - 9
    .< // snit.stakeNi;riof0-               C- v:ro /s. d'/71                StM -/V7/            99-2963
       -Petreta-ic:                         Shirley Basin, W                  SUA-551             40-5650 (Atlas Minerals                         Moab, UT                          SUA-917             40-3453 6 American Nuclear                     Gas Hills, WY                     SUA-667             40-4492 7 Minerals Exploration                  Sweetwater Co., WY                SUA-1350            40-8584 f Pathfinder Mines                      Gas Hills, WY                     SUA-672             40-2259 a Plateau Resources                     Shootaring Canyon, UT             SUA-1371            40-8698
    /,UMETCO Minerals                       Gas Hills, WY                     SUA-648             40-0299 C"E'C0 Mineral:                      Blanding,-UT                      SUA-1358            M0-8681
    << Western Nuclear                      Jeffrey City, WY                 SUA-56               40-1162
   /z Gnvirn /?1/niaf Co.                  Asrlyssas Lake, J/'?i              kH -/Y75           YC -fW7 Never Built -t
       -544ver-King-Mine:                   Converse CO. , W                 SUA-1355             20-6602-Achurrn Enevres Cr.                      Grsnts, Mn1                      Syn-//7;             ye-fitt Decommis sioning -7 N Zear Ctre/<tfrooss'm                    Crswsrsedr. w/                   $l'd-t3/f            ft -?V:1A
  /r Exxon Minerals                        Converse Co,., WY                 SUA-1139**          40-8102 A TV                                            mont, SD                   SUA-816             40-1341 yy         fvnliy                                 8stsin, WY              .5VA 55/            '/C -f /59
  /T 00CC/1l Air 4*/Adr25lS 0.              We          UA)                  $'t 'd -/V7:        90 -f96Zl.
  !1 A'!A!)!ue/ Miser.:/2 fc.              6 0 Ats,*!?                     5l'A*/+'7?!         *'I */96 9 e a /A c n untej e e ,y.a               At//sy, m                         sol-iym            fr - rft 7 Kerr ,":0.. (FYSO                   Ccnver:: Cc. , W                                      40-0047 l

Mver'Opers/rd' 4 w;Bc/

 ,~

rem Resopeudos;o. /!iarf xz, &M .Si?A-/47q ys 4966

      ; ^ ^, v
             ^

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                           ^
  • L ;.e ., s ading.
       **LiOO"!? M CI r SU."-1130 00:2T3 b0th Gr0niS                    "#

1 C^M0rCIOl ;GIUtiGG Eiining-10 t WO 1/86 4,cce / for/J f. of 4/ /h/L L 2-/l'ENTES . .

                                                                                                    $ bfaai+ W" if , d'h.S S c}

I x n o 7.z, .A l f7

NRC Form 8-C (4-79) NRCM 0240 l l J COVER SHEET FOR CORRESPONDENCE Use this Cover Sheet to Protect Originals of Multi.Page Correspondence. i i 9 1 i

o o. FY 1987 Estimated Collections / Billings 6/20/84 Revised Schedule Mid-Year Review 4/23/86 i ($ In Thousands) Estimated FY 1987 Facilities Program Collections / Billings Operating Licenses $ 3,100 Amendments and Special Projects 5,000 i j Part 55 Operator Exams and Certifications 3,600 ! Inspections 22,000 Total Facilities Program $33,700 j Materials Program Licensing $ 2,000 Inspections 1,300 l . Total Materials Program $ 3,300 I TOTAL FY 1987 ESTIMATE $37,000 or

                                                                                                                                             $37 million i

i 4 3

                                                                                                                                                                   /

NRC Fcrm 8-C (4-79) NRCM 0240 1 i i l 1 f COVER SHEET FOR CORRESPONDENCE Use this Cover Sheet to Protect Originals of Multi-Page Correspondence.  ! i t l F

  ,  _ , . . _ _ . . . _ _ _ , _ _ _ _ _ _ _ . _ _ _ . _ _ _ _ - . . - _ _ . _ . , _ , _ _ _ , , _ . . . . - . . . ,                              ,,_,_._..-.-.....,.m.-   . _ , . _ . . - , . _ , , . _ , , _ , - , _ . . ,.. ,, - , . - . _ _ ., , , , , _ , -.

O O E"sif a BUDGET ESTIMATES

 .      FISCAL YEAR               ~

1987 Appropriation: Salaries and Expenses O l * .- February 1986 U.S. Nuclear Regulatory Commission O

O O O

                                                         =e BUDGET ESTIMATES
  .                            FISCAL YEAR 1987 Appropriation:

Salaries and Expenses February 1986 U.S. Nuclear Regulatory Commission D O

 .        - --___--_______                                       __a

k 5-l B e$In m BUDGET ESTIMATES FOR =

                                                                                                                                        $ "}

U.S. NUCLEAR REGULATORY COMMISSION I

  • E FISCAL YEAR 1987 34 5

83 31 N Page(s) l Summary............................................ ...... 1-10 lE

                                                                                                                                         -t l

Ig Nuclear Reactor Regulation (NR R) . . . . . . . . . . . . . . l

                                                                                                       ........... ..         11-22
                                                                                                                                      .3 f l

Nuclear Material Safety and Safeguards (NMSS) ................ 23-38 1 i i f

                                                                                                                                           'N inspection and Enforcement (IE) . . . . . . . . . .                               ....... .............                39-56     j" 1

Nuclear Regulatory Research (R ES) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57-84 3 2 3 5 Program Technical Support (PTS) . . . . . . . . . . ....... ............ 85-93 g. L i l Program Direction and Administration (PDA) . .... .. .......... 95-106 3j.

                                                                                                                                      'i 2 af 51g Special Supporting Table'.                 ...... ...                   ................. . ....                       107-111 f

3 - a,-

                                                                                                                                        -s

t / , ( /  ! I v Q' CONTENTS Page Summary............................ .... ........................ 1 Nuclear Reactor Regulation Programs . . ....... .................... 11 Chart of Program Support Funds and Staff Facing Page . .. .. 11 D esc rip tion o f P rog ram s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Ope ra tin g R eac tors P rog ra.n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Systematic Safety Evaluation of Operating Reactors Program .. 14 Operator Licen sing P rog ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Casework Program (licensing new reactors) . . . . . . . . . . . . . . . . . . . 17 - Safety Tech nology P rog ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 18 Unresolved Safety issues .... ......................... 18

             . G e n e ric i s s u es . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .           18
  • H u ma n Fa c to rs i s s u es . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Reg u latory i mp rovemen ts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Ad vanced R eactor Concep ts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 TMI-2 Cleanup Program . . . . . . . . . .......................... .. 20 Management Direction and Support Program . . . . . ...... ....... 21 Nuclear Material Safety and Safeguards Programs . . . . . . . . . .. ..... 23 Chart of Program Support Funds and Staff Facing Page. . . . . . . . 23 Description of Programs . . . . . . . . . . . . . . . . .............. ...... 24 Fuel Cycle Facility and Nuclear Material Safety Program . . . . . . 26 Fuel Cycle Facility and Nuclear Materials Licensing . .. . . 27 General Licenses . . . . . . ................................. 27 Licensing of Monitored Retrievable Storage Facility . . . . . 27 Shipments of Spent Fuel and High-Level Radioactive Waste 28 Dry Storage of Spent Fuel . . . . . . . ............. ........ 28 Demonstration of High-Level Waste Solidification . . . . . . . . 28 Technical Assistance to States . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Management of Low-Level Waste Prior to Ultimate Disposal 29 S a feg u a rd s P rog ra m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Reviews of Safeguards at Operating Reactors . . . . . . . . . . . . 31 '

Safeguards of Licensed Facilities and Transportation . . . . . 31 Safeguards Support of the Nuclear Waste Policy Act . . . . . 31 I AEA Safeguards Program Participation . . . . , .......... 31 High-Level Waste Management Program . . . . . . . . . . . . . . . . . . . .... 32 . Prelicensing Con sultation . . . . . . . . . . . . . . . . . . . . . . . . . ...... 33 Review of Site Characterization Plans . . . . . . . . . . . . . . . . . . . . 33 R eg ulato ry G uidan ce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Low-Level Waste Management and Uranium Recovery Program .. 35 Disposal of Low-Level Radioactive Waste . . . . . . . ......... 35 Licensing Uranium Recovery Facilities . . . . . . . . . . . . . . . . . . . 36 Uranium Mill Tailings Remedial Action Program .. ........ 37 Technical Assistance to States . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Management Direction and Support Prog ram . . . . . . . . . . . . . . . . . . 38 e ii

                            -.              , _ - . . -    . .              - . ~ . . __ . -                                                - .. -           -

4 ,e

                                                                                                                                          =

s il Page i nspection and En forcemen t Prog rams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 f Chart of Program Support Funds and Staff Facing Page . . . . . . . 39 Desc rip tion of Prog ram s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Power Reactor Caseload Forecast Table . . . . . . . . . . . . . . . . . . . . . . . . 42 R eactor Construction P rog ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 R esiden t i n specto rs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Region- Ba sed Specialists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Construction Appraisal Team . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 i Reactor Operations Prog ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 R esiden t i n s pecto rs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 R egion-Based Specialists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Performance Appraisal Teams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

, . Emergency Preparedness R eviews . . . . . . . . . . . . . . . . . . . . . . . . . 47 e Vendor and Quality Assurance Program . . . . . . . . . . . . . . . . . . . . . . . . 48 4 V e n d o r P ro g ra m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Quality A ssu rance Prog ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 l Enforcement, Technical Support and incident Response Program 51

E n fo rc em e n t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 j Systematic Assessment of Licensee Performance . . . . . . . . . . . 51 Support for Problem Facilities, Allegations and in ve s tig a t ion s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Licensee Event Analysis and Generic Communications . . . .. 52

, i ncident R espon se Prog ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 I Fuel Cycle and Materials Prog ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53. d Fuel Facilities inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Materials i nspection s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Decommissioning and Closeout Radiation Surveys . . . . . . . . . 54 ,

i Specialized Technical Training Program . . . . . . . . . . . . . . . . . . . . . . . 55 4-Management Direction and Support Program . . . . . . . . . . . . . . . . . . . 56 1 Nuclear Regulatory Research Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 i + Chart of Program Support Funds and Staff Facing Page. . . . . . . . 57 , . Desc rip tion o f P rog ram s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 l R eacto r En gi n ee ri n g P rog ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Aging and Deterioration of Operating Reactors. . . . . . . . . . . . 61 l Effects of Earthquakes on Operating Plants . . . . . . . . . . . . . . 62 Reactor Pressu re Vessel Safety . . . . . . . . . . . . . . . . . . . . . . . . . . 63 l Adequacy of Safety Equipment Under Abnormal Conditions 63 , Pipe Cracking and the Leak Before-Break Principle . . . . . . 64 Steam Generator inspection and Repair . . . . . . . . . . . . . . . . . . 65 l Thermal ' Hydraulic Transients Program . . . . . . . . . . . . . . . . . . . . . . . . 66 l l I nteg ral Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 l !- S e p a ra te E f fects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 i Transient Models and Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Acciden t Evaluation Prog ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Severe Accident A nalysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71

                                                        ~

D a m a g ed F u e l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 i Containment Loadi ng . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Fission Product Behavior . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 I ( i-1 iii

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l Page Nuclear Regulatory Research Programs (continued) Reactor Operations and Risk Program . . . . ... ................. 74 Reliability and Ris k Methodology . . . . . . . . . . . . . . . . . . . . . . . . . 75 Da ta a n d U n c e rtain tie s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Regulatory and inspection Applications . ..... ........... 76 Severe Accident Risk . . . . . . . ...... ..................... 77 Management of Rulemakings . . . . . . . . . . . . . ................ 77 Waste Management, Earth Sciences and Health Program . . . . . . . . 79 H i g h - L eve l Wa s te . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Low-Level Waste . . . . . . . . .. ...... ......... .......... 80 - E a r t h S c i e n ce s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Health Effects and Radiation Protection . . . . . . . . . . . ...... 82 Management Direction and Support Program . . . . . . . . . . . . . . . . . . . . 83 . Prog ram Technical Support . . . . . . . . . . . . . . . . . . . . .................... 85 Advisory Committee on Reactor Safeguards ........... . ..... 86 . Atomic Safety and Licensing Board Panel . . . . . . . . . . . . . . . . . . . . . . 87 Atomic Safety and Licensing Appeal Panel . . .................. 87 Office of Investigations . . . . . . . . . . . . . . . . . . . . . . . . ............. 88 Office of the Executive Legal Director . . . . . . . . . . . . . . . . . . . . . . . . 89 Office of International Programs . . . . . . . . . . . . . . . . . ............ 90 Office of State Programs . . . . . . . . . . . . . . .. ....... ....... ... 91 Office of Analysis and Evaluation of Operational Data . . . . . . . . 92 Program Direction and Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 The Commissioners and Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 O f fic e of th e S ec reta ry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Office of the inspector and Auditor . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Office of the General Counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 97 O ffice o f Pu b lic A f fai rs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Office of Policy Evaluation . . . . . . . . . . . . . . . . . . . . . ............. 99 Office of Congressional Affairs . . . . . . . . . . .... ............ .. 99 . Office of Executive Director for Operations . . . . . . . . . . . . . . . . . . . 100 Office of Small and Disadvantaged Business Utilization and Civil Rights . . . . . . . . . . . . . . . . . . . ....................... 101 Office of Resource Management .... ................... ...... 102 - Budget and Analysis . . . . .............................. . 102 Accounting and Finance . . . . . . . . . . .............. ........ 103 Automated information Services . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Office of Administration . . . . . . . . . . . . . . . . . . .......... .... ... 103 Organization and Personnel . . .... ...................... 104 Facilities and Operations Support . . . . . . . . . . . . . . ......... 104 Technical Information and Document Control . . . . . . . . . . . . . . 104 Rules and Records . . . . . . . . . ................. .... .... . 105 Co n t ra c t s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . ..... 105 Security . . . . . .............................. ... ........ 105 License Fae Management . . . . . . . .......................... 106 Management Development and Training . . . . . . . . . . . . . . . . . . 106 Occupational Safety and Health . . . . . . . . . ............ 106 iv ~

l 9 9  ! 1 i 9 . Special S upporting Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 i I Legislative Program . Projections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Con s ul tin g Se rvices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108

                         ' Summary of Headquarters - Regional Resources . . . . . . . . . . . . . . . . 111                                                                    i I

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SALARIES AND EXPENSES

SUMMARY

t t Q/ Estimates of Appropriation The budget estimates for Salaries ang Expenses for FY 1987 provide for obligations of $405,000,0004j to be funded in total by a new appropriation. Estimates of Obligations and Octlays This section provides for the summary of obligations by program, the summary of financing these obligations, the analysis of out-lays, obligations by function, the proposed appropriation lang-uage, and an analysis of the appropriation language. , The summaries of obligations include the Reimbursable program. It should be noted that the obligations related to this program are not financed by N R C's appropriated funds, but solely through reimbursable agreements with other Federal agencies. The agency will deposit revenues derived from the license and inspection fees and enforcement actions to Miscellaneous Receipts of the Treasury. The Summary of Obligations by Prograrr indicates the total obli-p) gations for Direct and Reimbursable Programs for FY 1985, FY 1986, and FY 1987. The detailed justifications for direct (d program activities are presented in the same order as they appear in this summary table. The FY 1986 Estimates do not reflect the 4.3% reduction re-quired by the Balanced Budget and Emergency Deficit Control Act of 1985. The total NRC reduction is $17,974,000. {N ( )

  ~_-

1/ Dollars are in thousands, except in text, where whole dollars are used; staff numbers are in full-time equivalents. 1

f /] k G' i (G 1

SUMMARY

OF OBLIGATIONS Actual Estimate 1! Estimate FY 1985 FY 1986 FY 1987 Direct Program: Nuclear Reactor Regulation. . . . . . . . . . $ 86,521 $ 83,760 $ 79,840 Nuclear Material Safety a nd S a feg u a rd s . . . . . . . . . . . . . . . . . . . . 40,026 40,970 39,520 Inspection and Enforcement. . . . . . . . . . 94,586 98,240 98,540 Nuclear Regulatory Research. . . . . . . . . 149,959 134,710 113,460 . Program Technical Support. . . . . . . . . . . 30,755 30,290 30,525 Program Direction & Administration. . . 43,570 43,342 43,115 Total Ot. ligations - - Di rec t P rog ram . . . . . . . . . . . . . . . . . . . $445,417 $431,312 $405,000 R eimbursable Prog ram. . . . . . . . . . . . . . . . 77 500 500 Total Obligation s . . . . . . . . . . . . . . . . . . . . $445,494 $431,812 $405,500 Offsetting collections from Federal Funds.............................. -65 -500 -500 Recovery of prior year obligations. . . -4,842 -13,312 Unobligated balance, start of year. . . -5,699 Unobligated balance, end of year. . . . 13,312 B udget Authority. . . . . . . . . . . . . . . . . $448,200 $418,000 $405,000 1/ Estimates do not reflect the 4.3% reduction required by the Balanced Budget and Emergency Deficit Control Act of 1985. The total NRC reduction is $17,974,000. 2

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

4 s I

                                                                          -- FINANCING OF ' OBLIGATIONS                                                                                         ;

The financing of the estimated total obligations of $405,000,000 proposed in tne budget estimate for FY 1987 is summarized in } the following table: I l Summary of Financing p E f Actual Estimate 1! Estimate l FY 1985 FY 1986 FY 1987 l l- Sources of Funds Available for - j: . Obligations: 1 j Recovery of prior year obligations. . . $ 4,842 $ 0 $ 0  ; i

                                 'Unobligated balance, start of year. . .                                           5,699                           13,312            0
                                - A pp rop ria ted to N R C . . . . . . . . . . . . . . . .

j 448,200 418,000 405,000 subtotal $458,741 $431,312 $405,000 ! Less: Unobligated balance, end of

f. -year.............................. 13,312 0 0 1

) Total Obligations - Direct Program $445,429 $431,312 $405,000 1, s l t i l i I. i t i l 1/ Estimates do not reflect the 4.3% reduction required by the Balanced ! Budget and ' Emergency Deficit Control Act of 1985. The total NRC ' reduction is $17,974,000. 3 i s 'fMT&%1P W *1tv t T V-V9 'w yt WW-'9y-*-w w w v g-3 w ,- _ m--. . _,m"-m_. - __ _ _. h am NN Fee % , _ _whWNM Nvh MS-N9h @m

s OUTLAYS FOR SALARIES AND EXPENSES Outlays for FY 1987 are estimated at $418,000;000. The follow-O ing analysis identifies funds available for outlays for each of the budget periods. This amount less the unexpended balance at the er.d of the period equals the outlays. Outlay Analysis Actual Estimate 1! Estimate FY 1985 FY 1986 FY 1987 - Unexpended balance, beginning of year: , Obligated . . . . . . . . . . ......... .... $163,978 $136,913 $126,225 U no b lig a ted . . . . . . . . . . . . . . . . . . . . . . . . 5,699 13,312 0 Appropriation to N R C . . . . . . . . . . . . . . . . 448,200 418,000 405,000 Total Funds Available for Outlays $617,877 $568,225 $531,225 Unexpended balance, end of year: O b lig a ted . . . . . . . . . . . . . . . . . . . . . . . . . -136,913 -126,225 -113,225 U no b l ig a ted . . . . . . . . . . . . . . . . . . . . . . . . -13,312 0 0 Total O u tlay s . . . . . . . . . . . . . . . . . . . . . . $467,652 $442,000 $418,000 I 1/ Estimates do not reflect the 4.3% reduction required by the Balanced Budget and Emergency Deficit Control Act of 1985. The total NRC reduction is $17,974,000. 4

SUMMARY

OF BUDGET OBLIGATIONS BY FUNCTION l Actual Estimate 1! Estimate FY 1985 FY 1986 FY 1987 Direct Program: Salaries and Benefits . . . . . . . . . . . . . . . . $172,171 $171,500 $168,400 P rog ram S u pport . . . . . . . . . . . . . . . . . . . . 213,758 193,780 170,760 Administrative Support. . . . . . . . . . . . . . 50,211 56,527 56,340 T ra ve l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9,277 9,505~ 9,500

  - Total Obligations -

Direct Prog ram . . . . . . . . . . . . . . . . . . . . $445,417 $431,312 $405,000 Reimbursable Program. . . . . . . . . . . . . . . 77' 500 500 TOTA L OB LIG ATIONS. . . . . . . . . . . . . $445,494 $431,812 $405,500 1/ Estimates do not reflect the 4.3% reduction required by the Balanced Budget and Emergency Deficit Control Act of .1985. The total NRC reduction is $17,974,000. 5

p f3 (  ! v' k\._s) PROPOSED LANGUAGE - SALARIES AND EXPENSES The proposed language is as follows: O Saiaries and Expenses For necessary expenses of the Commission in carrying out the purposes of the Energy Reorganization Act of 1974, as amended, and the Atomic Energy Act, as amended, including the employ-ment of aliens; services authorized by 5 U.S.C. 3109; publi-cation and dissemination of atomic information; purchase, repair, and cleaning of uniforms; official representation expenses (not to exceed $8,000); reimbursements to the General - Services Administration for security guard services; hire of passenger motor vehicles and aircraft, $405,000,000 to remain available until expended: Provided , That from this appropri- ~ ation, transfer of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so trans-ferred may be merged with the appropriation to which trans-ferred: Provided further, That moneys received by the Commission for the cooperative nuclear safety research program and the material access authorization program may be retained and used for salaries and expenses associated with those pro-grams, notwithstanding the provisions of section 3302 of title 31, United States Code, and shall remain available until ex-pended. (Energy and Water Development Appropriation Act, 1986) l l l 1 0 1 1 6 L

4 s I c Analysis of Proposed FY 1987 U.S. Nuclear Regulatory Commission Appropriation Language

1. FOR NECESSARY EXPENSES OF THE COMMISSION IN
  • CARRYING OUT THE PURPOSES OF THE ENERGY REORGANIZATION ACT OF 1974, AS AMENDED, AND THE ATOMIC ENERGY ACT, AS AMENDED:

, 42 U.S.C. 5841 et seq. 42 U.S.C. 5841 et seq. , the Energy Reorganization Act of 1974, established the Nuclear Regulatory Commission to per-form all the licensing and related regulatory functions of , the Atomic Safety and Licensing Board Panel, the Atomic Safety and Licensing Appeal Board, and the Advisory Com-mittee on Reactor Safeguards, and to carry out the per-formance of other functions including research, for the purpose of confirmatory assessment related to licensing i and other regulation, other activities, including research related to nuclear material safety and regulation under the provisions of the Atomic Energy Act of 1954, as amended (42 U.S.C. 5801 et seq.).

2. EMPLOYMENT OF AllENS:

i p 42 U .S. C. 2201 (d) of the Atomic Energy Act of 1954, as

    >)                 amended, authorizes the Commission to employ persons and V                  fix   their compensation without regard to civil service laws.
3. SERVICES AUTHORIZED BY 5 U.S.C. 3109:

5 U.S.C. 3109 provides in part that the head of an agency may procure by contract the temporary or intermittent ser-vices of experts or consultants when authorized by an. appropriation. I

4. PUBLICATION AND DISSEMINATION OF ATOMIC INFORMATION:
  -                    42 U . S . C . 2161 b                                                       ,

42 U.S.C. 2161 b directs the Commission that it shall be guided by the principle that the dissemination of scien-tific and technical information related to atomic energy should be permitted and encouraged so as to provide that interchange of ideas and criticism which is essential to i scientific and industrial progress and public understanding and to enlarge the fund of technical information. n i v i 7

r i V U

5. PURCHASE, REPAIR AND CLEANING OF UNIFORMS:

5 U . S . C . 5901 5 U.S.C. 5901 authorizes the annual appropriation of funds to each agency of the government as a uniform allowance.

6. OFFICI AL REPRESENTATION EXPENSES:

47 Comp. Gen. 657 43 Comp. Gen. 305 . This language is required because of the established rule restricting an agency from charging appropriations with the cost of official representation unless the appropriations ~ involved are specifically available therefor. Congress has appropriated funds for official representation expenses to the NRC and N R C's predecessor AEC each year since FY 1950.

7. REIMBURSEMENT OF THE GENERAL SERVICES ADMINIS-TRATION FOR SECURITY GUARD SERVICES:

34 Comp. Gen. 42 This language is required because, under the provisions of the Federal Property and Administrative Services Act of 1949, specific appropriation is made to GSA for carrying out the function of protecting public buildings and prop-erty, and, therefore, NRC appropriations not specifically made available therefor may not be used to reimburse GSA for security guard services.

8. HIRE OF PASSENGER MOlOR VEHICLES AND AIRCRAFT:

31 U.S.C. 638a , 31 U.S.C. 638a provides in part - "(a) unless specifically authorized by the appropriation concerned or other law, no appropriation shall be expended to purchase or hire passen- . ger motor vehicles for any branch of the Government. . . ."

9. TO REMAIN AVAILABLE UNTIL EXPENDED:

31 U . S . C . 718 31 U.S.C. 718 provides in part that no specific or indef-inite appropriation shall be construed to be available con-tinuously without reference to a fiscal year unless it is made in terms expressly providing that it shall continue to be available beyond the fiscal year for which the appropri-ation Act in which it is contained makes provision. 8

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10. THAT FROM THIS APPROPRI ATION,- TRANSFERS OF SUMS  ;

MAY BE MADE TO OTHER AGENCIES OF THE GOVERNMENT ' 2 I FOR THE PERFORMANCE OF THE WORK FOR WHICH THIS APPROPRI ATION IS MADE, AND IN'SUCH CASES, THE 4 SUMS SO TRANSFERRED MAY BE MERGED WITH THE j APPROPRIATION TO WHICH TRANSFERRED: j 64 Stat 765, Sec.1210 1 . I ! 64 Stat 765, Sec. 1210 prohibits the transfer of appropri-j- ated funds from one account to another or working fund j_ except as authorized by law.

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11. THAT MONEYS RECEIVED BY THE COMMISSION FOR THE i COOPERATIVE NUCLEAR SAFETY RESEARCH PROGRAMS AND THE MATERI AL ACCESS AUTHORIZATION PROGRAM j -

MAY BE RETAINED ANO USED FOR SALARIES AND 4 EXPENSES ASSOCI ATED WITH THOSE PROGRAMS, AND  ; ! SHALL REMAIN ' AVAILABLE UNTil EXPENDED: i 26 Comp. Gen. 43 j 2 Comp. Gen. 775 I i- Appropriated funds may not be augmented with funds from I. . other sources unless specifically authorized by law. !~ I I e i

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O NUCLEAR REACTOR REGULATION O l l i 20,000 LEGEND: FY 1985 16.000 ..... FY 1986 FY 1987 g g 14.000 lpf

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O ~ NUCLEAR REACTOR REGULATION PROGRAMS (p) (Dollars are in thousands, except in text, where whole dollars are v used; staff numbers are in full-time equivalents.)

                   ' Total FY 1987 estimated obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 79,840 1'

Total Funds and Staff FY 1985 FY 19861/ FY 1987 Actual Estimate Estimate Salaries and Benefits $ 39,440 $ 39,380 $ 38,340 Program Support 35,029 30,900 28,100 . Administrative Support 10,604 12,010 11,950

Travel 1,448 1,470 1,450 Total Obligations $ 86,521 $ 83,760 $ 79,840 (Staff) (711) (716) (683)

Program Support Funds and Staff The Nuclear Reactor Regulation staff and program support funds request is allocated to the major programs shown O below. The program support funds are primarily for contrac-tual work by Department of Energy laboratories and commer-

         \'j cial contractors.                     The following narrative describes these programs and the reasons they are needed.

FY 1985 FY 19861/ FY 1987 Actual Estimate Estimate Funds Staff Funds Staff Funds Staff Operating Reactors $ 10,550 280 $ 14,149 361 $ 17,050 395 Systematic Safety Evaluation of ~ Operating Reactors 926 5 400 8 0 0 Operator Licensing 2,539 59 3,415 68 2,110 78 Casework 10,584 189 4,850 119 3,650 61 Safety Technology 10,178 124 7,936 112 5,290 101 TMI-2 Cleanup 252 14 150 7 0 7 Management, Direction and Support 0 40 0 41 0 41 TOTALS $ 35,029 711 $ 30,900 716 $ 28,100 683 4 4 4 1! Estimates do not reflect the 4.3% reduction required by the Balanced Budget and Emergency Deficit Control Act of 1985. The total NRC ( reduction is $17,974,000, t 11

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G '%/ Nuclear Reactor Regulation Program - Continued DESCRIPTION OF PROGRAMS The Office of Nuclear Reactor Regulation (NRR) is responsi-ble for performing licensing activities associated with the con-struction and operation of nuclear reactors; reviewing applica-tions and issuing licenses for reactor facilities as required by the Atomic Energy Act of 1954; and evaluating the health, safety, and environmental aspects of facilities and sites. This responsibility involves the following major functions: (1) performing detailed safety, environmental, and antitrust reviews of applications for nuclear power plant construction or operat-ing licenses; (2) conducting safety evaluations of licensees' implementation of requirements or changes to correct inadequa- . cies or effect improvements in the design, operation, and eco-nomics of licensed reactors; (3) examining and licensing reactor operators; (4) evaluating issues related to the safety and regu-lation of reactors to determine if regulatory requirements should be deleted, added, or modified to provide necessary safety improvements or to increase the predictability and sta-bility of the regulatory process; (5) providing for regulatory oversight of the TMI-2 cleanup operations. O S 9 12 ~

Nuclear Reactor Regulation Program - Continued A OPERATING REACTORS PROGRAM FY 1985 FY 1986 FY 1987 Estimate Estimate Estimate Funds- $ 10,550 $ 14,149 $ 17,050 (Staff) (280) (361) (395) The Operating Reactors Program ensures that operating facil-

     - ities maintain adequate levels of protection of public health and safety by . providing the regulatory actions necessary to correct inadequacies in plant design and operation that are identified from; operating experience, reviewing unanticipated events, resolving generic safety issues, inspection findings, and NRC sponsored research. These regulatory actions include specific technical amendments to operating licenses, requests for information on pending technical issues, and NRC Orders.

The following technical activities are budgeted under this program. (1) Engineering / systems reviews and issuance of safety evalua-tions,- including amendments to facility licenses necessitated by safety' improvements or operating exigencies; responses to requests for technical / operating information; and reviews affecting a class of plants that might result from resolved safety issues. Such reviews numbered 2,700 in FY 1985, and are projected to total 3,600 in FY 1986, and 3,700 in FY 1987. Examples of these reviews include such safety concerns as: Instrumentation to Follow the Course of an Accident, Hy-draulic Shock Snubbers, Venting ' and Purging of Contain-ments, Pipe Breaks in BWR SCRAM Systems, Anticipated Trans-lents Without Reactor Shutdown, Steam Generator Failure, and Diesel Reliability. (2) Conducting initial technical assessments of reactor events, in order to determine the safety implications 'of an event, on other operating reactors, and determining what, if any, immedi-ate regulatory actions must be taken. (3) Developing, in conjunction with the licensees, priority-based schedules for the completion of changes specified by new or revised NRC requirements, and changes proposed by licensees. (4) Performing project management activities to ensure that safety reviews, including requests from the public, are effi-ciently and effectively managed, for 95 operating reactors in FY 1985,105 in FY 1986, and 113 in FY 1987. Additional funds and staff are required, over previous fiscal years, to achieve the timely review and completion of technical reviews, and provide the project management functions for the increasing number of operating reactors. 13

l Nuclear Reactor Regulation Program - Continued SYSTEMATIC SAFETY EVALUATION OF OPERATING REACTORS PROGRAM FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 926 $ 400 $ 0 (Staff) (5) (8) (0) The Integrated Safety Assessment Program (ISAP) will be discontinued as a separate program in FY 1987. The two plant pilot program, that was initiated in FY 1985 will be completed . in FY 1986. Beginning in FY 1987, the concept of integrated safety assessments will be incorporated into the day-to-day operations within the Operating Reactors Program. O G O 14

4 r .l Nuclear Reactor Regulation Program - Continued i r

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OPERATOR LICENSING PROGRAM i ) s FY 1985 FY 1986 FY 1987 i Actual Estimate Estimate Funds $ 2,539 $ 3,415 $ 2,110 1 (Staff) (59) (68) (78) The Operator Licensing program consists of the preparation,

!       administration, and grading of examinations of reactor opera-i       to rs ,      issuance of operator licenses,                  the  requalification of A
   . operators,           and      certificction      of    licensee    training         facility i        instructors.

3 initial examinations are needed to ensure that power plants are staffed with qualified operators prior to issuance of the plant operating license. Replacement examinations are administered to operators who change to different facilities to ensure that they are qualified to operate at the different facility and that ] qualified operators are available at operating plants. The requalification program is an audit type effort to verify the continued proficiency of licensed operators. Operators of

 !      non-power reactors are also examined to ensure that they are e      qualified.

The anticipated workload for operator licensing is shown below:

 ,                                           Examinations
;                               Exam Type                     FY 1986        FY 1987 t

initial 550 300 Replacement 1,392 1,440 i Requalification 390 430 instructor Certification 115 126 Nonpower reactor 50 50 This program also includes studies of general operator licens-

 ;      ing problems, maintenance of an examination question bank, and improvements in the proficiency of examiners through training in examination content and balance, and in the development and l

I 15 1

Nuclear Reactor Regulation Program - Continued , writing of questions. These efforts are necessary to maintain 1 and improve the efficiency and effectiveness of the Operator Licensing program. For example, the Examination Question Bank provides computerized questions for inclusion into examinations, thus reducing the time and effort for development of examinations. The requested resources reflect a policy of conducting an increased proportion of examinations by in-house NRC staff. O O 16

i C C k k , Nuclear Reactor Regulation Program - Continued O CASEWORK PROGRAM FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 10,584 $ 4,850 $ 3,650 (Staff) (189) (119) (61) The Casework Program (licensing new reactors) consists of the review of applications for reactor construction permits, oper-ating licenses, and standard plant designs. The reviews include all aspects of safety and environmental effects, as well as antitrust implications. Also evaluated as part of these reviews are technical reports submitted by industry organizations, pri-marily vendors, on subjects related to classes of nuclear reactors and their associated systems or operation. The required reviews will be conducted on a schedule that will It not unnecessarily impact reactor startup and operation.for 30g anticipated that in FY 1986 there vji)I be applications plants under active review, and 20- plants in FY 1987. Deci-sions were rendered on operating licenses for 10 power reactors

;       d                       in FY 1985, with 10 expected in FY 1986, and eight in FY 1987.

Resources are also required to conduct reviews for new and . renewal license applications for nonpower reactors and Navy and Department of Energy projects.

  -                             The resources for this program decline as the number of exist-ing licensing applications under review declines.

1/ Excludes Midland 1 and Midland 2 plants, which are presently , not under active licensing review. i N 1 17 E

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(j v Nuclear Reactor Regulation Program - Continued SAFETY TECHNOLOGY PROGRAM FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 10,178 $ 7,936 $ 5,290 (Staff) (124) (112) (101) The Safety Technology Program addresses significant tech-nical issues that relate to the safety of reactor design, con-struction, and operation and maintenance, and reguiatory issues that relate to the licensing process. In FY 1987, this program includes the technical resolution of unresolved safety issues, existing high and medium priority and new high priority generic issues, the development of a technical basis for regulatory positions on issues identified in the Human Factors Program Plan, and the development or modification of regulations in areas such as severe accidents. UNRESOLVED SAFETY ISSUES An Unresolved Safety issue is a matter that affects a number of nuclear power plants and poses important questions concerning the adequacy of existing safety requirements for which a final resolution has not yet been developed. The issues involve con-ditions not likely to be acceptable over the lifetime of the plants they affect. Completion is expected on six existing Unresolved Safety issues (USIs) in FY 1986 and th ree in FY 1987. GENERIC ISSUES Priorities will be established for resolution of potential generic safety issues based on their safety contribution and ' cost. Technical positions will be developed on existing high and medium priority and new high priority generic safety issues that relate to the safety of nuclear power plant design, con-struction, or operation. Technical resolutions of 17 high and/or medium generic safety issues were completed in FY 1985, and 16 are planned for completion in FY 1986 and 11 in FY 1987. HUMAN FACTORS ISSUES The technical basis will be developed for regulatory positions, guidance, and regulations on human factors issues related to the design, operation, and maintenance of nuclear power reactors. These issues include training, staffing and qualifications, 18

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                                                                      \v hjuclear Reactor Regulation Program - Continued O)

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  'V licensing examinations, and maintenance, as identified in the Human Factors Program Plan (NI1 REG-0985). Ongoing cooperative efforts with industry groups, such as the institute for Nuclear Power Operations (INPO) and the Nuclear Utilities Man-agement and Human Resource Committee (NUMARC), will be continued.

REGULATORY IMPROVEMENTS The results of the Severe Accident Research Program and source term research will be incorporated into NRC regula-tory practices for operating reactors and reactors under license review over a three-year period beginning in FY 1986. Priori-ties will be established for multi-plant licensing actions, and the Standard Review Plan for reactor license applications will be updated as necessary. Implementation of the safety goal is planned in FY 1986 and continue through FY 1987. Technical specifications regulations and standards will be reviewed and modified consistent with the findings of the Tech-nical Specifications Group in FY 1986. Appropriate changes will be implemented on a plant specific basis beginning in FY 1987. f} (j Analytical tools, such as computer codes, for the performance of audit calculations will be evaluated, modified, verified and maintained. Technical positions and guidance will be developed for conduct-ing probabilistic risk assessments (PRA) including maintaining the capability for assessing risk from external events. ADVANCED REACTOR CONCEPTS Resources are provided for interaction and coordination with industry and DOE on developing potential advanced reactor concepts.

SUMMARY

in FY 1987, resources for the Safety Technology Program de-crease to reflect discontinuance of work on newly identified medium priority generic safety issues, the reduction of the Advanced Reactor Concepts efforts , discontinuance of the Halden effort (Norwegian advanced reactor project) and decreases to risk assessment methodology improvements and the Human Factors effort. l

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g 1 ) v V Nuclear Reactor Regulation Program - Continued TMl-2 CLEANUP PROGRAM O FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 252 $ 150 $ 0 (Staff) (14) (7) (7) This activity provides for the on-site inspection and oversight of the TMI-2 cleanup operations, including technical inspec-tions and government relations onsite and in the Middletown, ~ Pennsylvania of fice. This work will continue to ensure the protection of the public health and safety and the environment during decontamination and disposal of radioactive waste from TMI-2. O i . 1 O 20 l I

Nuclear Reactor Regulation Program - Continued MANAGEMENT DIRECTION AND SUPPORT PROGRAM l l

}

FY 1985 FY 1986 FY 1987 I

                                                                                                     - Actual       Estimate               Estimate Funds                       $       0     $     0                $      0 (Staff)                         (40)         (41)                    (41)

I The resources requested for Management Direction and Support 8 provide for the overall policy guidance and management direction

of the Nuclear Reactor Regulation programs by the Office Director and the Regional Administrators. Requested resources also provide for independent assessments of selected technical
!                                           programs, proposals and other management issues, which include i                                            scheduling and direction of. consideration of technical issues,                                                              i l                                           the annual budget submission, proposed mid-year financial re-
 !!                                         programming, . executive program analysis reports, staffing plans, l                                          congressional budget testimony, responses to congressional in-                                                               ,

{ quiries and required support services in the areas of procure-

 ;                                          ment, administration, and personnel.

j i 1 i i l i i i l . i i k 21 i t__ . _ _ _ _ . . . _ - _ _ . _ . _ . . _ . . _ _ _ _ . _ _ . . . - - . _ _ _ _ _ _ _ _ _ - . _ . _ . . ~ . _

Nuclear Reactor Regulation Program - Continued I l This page intentionally left blank 1 i O 6 O 22

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!                                                   NUCLEAR MATERIAL SAFETY AND                ,

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O O NUCLEAR MATERIAL SAFETY AND SAFEGUARDS PROGRAM SUPPORT 1

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LEGEND: g FY 1985 8,000 . .,.,, ,., FY 1988 m E 7.000 - { k FY 1987

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,     O                                         NUCLEAR MATERIAL SAFETY AND SAFEGUARDS PROGRAMS (Dollars are in thousands, except in text, where whole dollars are used; staff numbers are in full-time equivalents.)

Total FY 1987 estimated obligations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$39,520 Total Funds and Staff FY 1985 FY 100GY FY 1987 , Actual Estimate Estimate Salaries and Benefits $17,131 $17,700 $17,370 i . Program Support 16,738 16,305 15,200 Administrative Support 5,429 6,220 6,220 Travel 728 745 730 Total Obligations $40,026 $40,970 $39,520 , (Staff) (362) (370) (360) I l Program Support Funds and Staff The Nuclear Material Safety and Safeguards staff and program support funds are allocated to the major programs shown below. The program support funds are primarily for contrac-tual work by the Department of Energy laboratories and com-mercial contractors. The narrative that follows describes these programs and the reasons they are needed. FY 1985 FY 19861/ FY 1987 Actual Estimate Estimate Funds Staff Funds Staff Funds Staff Fuel Cycle Facility and Nuclear Material Safety $ 3,662 107 $ 3,612 102 $ 2,600 98 ], Safeguards 3,629 78 3,489 79 2,425 78 { High-Level Waste j Management 7,111 84 6,545 110 7,575 105 Low-Level Waste Manage-ment and Uranium Recovery 2,336 64 2,559 51 2,500 51 Management Direction and Support 0 29 100 28 100 28 TOTALS $16,738 362 $16,305 370 $15,200 360 4 1! Estimates do not reflect the 4.3% reduction required by the Balanced Budget and Emergency Deficit Control Act of 1985. The total NRC re-l duction is $17,974,000. 23

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            %.,                                                          v Nuclear Material Safety and Safeguards Programs - Continued DESCRIPTION OF PROGRAMS The Office of Nuclear Material Safety and Safeguards is respon-ible for the health and safety licensing and environmental pro-tection reviews for all activities regulated by the agency, except reactors, and for safeguards technical review of all licensing applications including reactors and the export of special nuclear material. These responsibilities include devel-opment and implementation of agency policy for the regulation of                                   ,

activities involving the use and handling of nuclear and other radioactive materials such as uranium milling; fuel fabrication and fuel development; medical, industrial, academic and commer-cial uses of radioactive isotopes; certification of containers - for transport of large quantities of radioactive material; out-of-reactor spent fuel storage; and safe disposal of low-level and high-level radioactive waste. Safeguards responsibilities include those licensing and review activities appropriate to deter and protect against threats of radiological sabotage and threats of theft or diversion of special nuclear material both at fixed facilities and during transport. These responsibilities are administered under four programs: (1) Fuel Cycle Facility and Nuclear Material Safety, (2) Safeguards, (3) High-Level Waste Management, and (4) Low-Level Waste Management and Uranium Recovery. The safety and environmental regulatory programs are designed to assure that workers, the public health and safety, and the environment are protected during both normal and off-normal operations. These programs regulate activities ranging from complex operations--such as disposal of high-level radioactive waste in deep geologic repositories, reactor fuel development and fabrication, and medical radiopharmaceutical production--to relatively simple operations--such as medical diagnostic use of small quantitics of radioisotopes. Implementation of these pro-grams provides appruprialt- assurances for adequate and safe facilities; trained and competent personnel; appropriate prac-tices to control personnel exposures and environmental releases;

  • contingency planning; transport casks to withstand conditions of normal transport and of accidents; and appropriate handling of radioactive wastes.

The safeguards regulatory program is designed to deter, detect, and protect against threats both within and outside of facili-ties, and during transport. In addition to providing for appro-priate theft protection, the safeguards program includes appropriate planning to protect against and to respond to intentional plant damage by radiological sabotage sufficient to cause significant of f-site releases. All safeguards activities are designed to assure that safeguards protective measures do 24

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                     \j                                                  'Q) l l            Nuclear Material Safety and Safeguards Programs - Continued
    \     !

sg l not interfere with the safe operation of a facility both during normal and off-normal situations. The Nuclear Material Safety and Safeguarda Programs have been strongly affected by the Uranium Mill Tailir.gs Radiation Control Act of 1978, the Low-Level Radioactive Wast ( Policy Act of 1980, L as amended in 1985, and the Nuclear Waste o olicy Act of 1982. l The Uranium Mill Tailings Act directed the agency to develop ! regulations and to license the disposal of rcill tailings from licensed uranium mills. Congressional action ha3 directed that the agency regulations be amended in recogreition of the

Environmental Protection Agency standards both for radiation and groundwater protection. In addition to revised regulations for licensees and approval of licensee mill tailings disposal plans, the Uranium Mill Tailings Act directed the agency to review and

! approve the site-by-site implementation of the Department of Energy program for mill tailings remedial actions, and to l eventually license possession of these sites by the Department of l Energy. The Low-Level Radioactive Waste Policy Act of 1980 placed the responsibility on the states to provide for disposal capacity for low-level waste generated within a state. The agency must ensure p that appropriate regulations exist for both agency and state l l licensing of disposal sites and must be prepared to provide kJ technical assistance to states in reaching decisions on disposal facilities. On January 15, 1986, the President signed into law the Low-Level Radioactive Waste Policy Amendments Act of 1985, which significantly increases NRC responsibilities in a number of areas. Resources have not been included in this budget request for implementing this new legislation. The NRC is currently assessing the extent to which additional resources are required to implement the Act. The Nuclear Waste Policy Act lays out a detailed approach for high-level waste disposal--an extensive, long-range undertaking with the Department of Energy having operational responsibility and the Commission having regulatory responsibility. This undartaking involves a complex , integrated system of waste handling, transportation, interim and retrievable storage, and ultimate deep geologic disposal of high-level radioactive waste requiring a high certainty of acceptable environmental and health impacts over thousands of years. O) i V 25

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      -                                                                                                                                                                        a Nuclear Material Safety and Safeguards Programs - Continued FUEL CYCLE FACILITY AND NUCLEAR MATERIAL SAFETY PROGR AM FY 1985      FY 1986                                                                                 FY 1987 Actual       Estimate                                                                                Estimate Funds         $ 3,662      $ 3,612                                                                                $ 2,600 (Staff)         (107)        (102)                                                                                                              (98)

The Fuel Cycle Facility and Nuclear Material Safety Program in-cludes all licensed activities for the "fron t-end" of the fuel . cycle after the uranium ore has been mined and milled. Thi:, includes the processing of ore concentrates (yellow cake) into a suitable form for fuel, the development and fabrication of the fuel, and the safe transport and storage of fresh fuel at reacter sites until the reactor core is initially loaded with fu el . This program also includes regulating approxima'ely nine thousand medical, academic, industrial, and commercial users of nuclear and other radioactive material for diar;nost!c and therapeutic treatments; medical and biological research; academic training and research; industrial gauging and nondestructive testing; production of radiopharmaceuticals; and fabrication of commercial products such as smoke detectors. The Fuel Cycle Facility and Nuclear Material Safety program also involves, for operations under NMSS purview, the safe handling of radioactive wastes by industrial licensees and the safe interim storage of both low-level and high-level wastes at facilities prior to disposal at commercial facilities or by the Department of Energy. This includes storage of spent fuel outside of reactor facilities or at any monitored retrievable storage facility that the Department of Energy may develop. - Also included are the safety overview of the Department of Energy waste demonstration activities at the closed-down West Valley, New York reprocessing facility, the safety assessment of contalqers used to transport large quantitles of radioactive material such as spent fuel and high-level waste, and the pack-aging and transport activities associated with the radioactive wastes from the Three Mile Island Unit 2 reactor, particularly the core debris. Transportation activities are closely coor-dinated with the Department of Transportation and, as appro-priate, with the Department of Ener0y and the Federal Emergency Management Agency. The Rasource Decrease in FY 1987 represents reduced efforts in licensing casework, remedial actions at contaminated sites, response to unanticipated events, computer codes for transport cask design review, and pre-licensing guidance to DOE for the monitored retrievable storage program. 26

O O

                      'b                                                                           b Nuclear Malerial Safety and Safeguards Programs - Contintied b

FUEL CYCLE FACILITY AND NUCLEAR MATERIALS LICENSING Licensing cascwork includes safety and environmental reviews required for the licensing and regulation of byproduct, source and special nuclear material in applications other than operation of power, test, or research reactors. NMSS regulated activ-ities specifically include but are not limited to uranium fuel fabrication facilities, advanced fuel R&D facilities, and uranium hexafluoride production facilities, as well as medical, academic, industrial, and commercial uses of radioactive mate-rial. Approximately 6,000 cases (new licenses, license amend-ments, renewals, and sealed source reviews) will be completed each year in FY 1986 and in FY 1987. GENERAL LICENSES General licenses granted under Nuclear Regulatory Co:. mission regulations are effective without the filing of an application with the agency or the issuance of licensing documents to par-ticular persons. Such general licenses currently apply to such i radioactive devices as gauges, light sources, gas chromato-graphs, x-ray fluorescense units, and static eliminators. During i e\ FY 1985, a study found that gauge users were not complying in i (' all cases with transfer and disposal requirements. During 4 FY 1986 and 1987, the agency will expand the FY 1985 study to address other general licenses and to assess accountability and j protection of health and safety under the general license regulations, determine whether modifications of the regulations are needed, and make determinations about limiting or expanding the general license concept. I A LICENSING OF MONITORED RETRIEVABLE STORAGE FACILITY Monitored retrievable storace (MRS) involves the receipt, hand-ling, packaging and storage of spent fuel and high-level waste in a facility that permits continuous monitoring and ready retrieval

  .          for subsequent shipment to a permanent repository, in compliance with the Nuclear Waste Policy Act of 1982, the Department of Energy's MRS facility construction proposal to Congress will be reviewed by the Nuclear Regulatory Commission and comments will be provided to the Department in FY 1986.                        Under the Act, the j             Commission is responsible for licensing an MRS if Congress authorizes DOE to construct one. Regulations for the storage of

, spent fuel in an independent spent fuel storage installation 1 (Part 72 of Title 10 of the Code of Federal Regulations) will be amended in FY 1986 to provide for licensing an MRS facility assuming Congressional authorization. in FY 1987 the Commission N will review topical reports on specific design features, as (' requested by DOE, and wili continue to provide other pre-licensing guidance to DOE. 27

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5 r

                                                                                                      %u.c n_
     ~f Nuclear Material Safety and Safeguard 3 Programs - Continued SHIPMENTS OF SPENT FUEL AND HIGH-LEVEL R ADIOACTIVE O

WASTE The Nuclear Regulatory Commission reviews and certifies the de-signs of containers for transporting iarge quantities of radio-active material to ensure that such containers can withstand conditions of normal transport and accidents. Such licensing cases involve applications for new container designs and for modifications to existing designs. Applications are submitted by commercial vendors and, on a selected basis, by the Department of Energy. Approximately 110 licensing cases will be completed , in FY 1986 and approximately 95 such cases will be completed in FY 1987. As required during fuel removal of the TMI-2 core, nuclear criticality safety analyses will be performed for the

  • defueling operations and canister storage considerations. Also, in support of the Nuc' ear Waste Policy Act, the agency will provide technical guidance to the Department of Energy, the Department of Transportation, the States, and industry or, safety and environmental policies and regulations for the shipment of sperit fuel and high-level radioactive waste tn any monitored retrievable storage facility, the high-level waste repository, and any Federal interim storage facility.

DRY ST 1 RAGE OF SPENT FUEL Review and evaluation work will continue on applications for site-specific interim storage of spent fuel outside of reactor pools. Also, review work will continue on evaluation of " Topical Reports" for dry storage cask designs. As required by the Nuclear Waste Policy Act, development work will continue on safety criteria and standards leading to rulemaking for generic approvals for the use of dry spent fuel storage casks. This will require continued close coordination with the Department of Energy on its development and demonstrations of dry cask and

  • site storage systems, and validation of performance predictions.

DEMONSTR ATION OF HIGH-LEVEL WASTE SOLIDlHCATION , As required by the West Valley Demonstration Project Act, con-sultation with the Department of Energy will continue regarding the planning and safety analyses for the West Valley, New York project for the solidification of high-level radioactive waste. NhC safety evaluation reports in FY 1987 will include review of supernate removal and treatment, and the sludge mobilization system. Close consultation also is important to ensure that the resulting solidified high-level waste will be acceptable for disposal in the high-level waste repository. Coordination with the Department of Energy on rod consolidation and shipments of spent fuel from the West Valley pool will be concluded in FY 1986. 28

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Nuclear Material Safety and Safeguards Programs - Continued i TECHNICAL ASSISTANCE TO STATES The 28 NRC Agreement States with approved responsibility to regulute certain nuclear materials activities will continue to receive technical assistance needed for the assessment of license applications for which they have licensing responsibility. For exampf t, in FY 1985, safety evaluations were performed by the agency for cesium sealed sources to be used in commercial pro-duct irradiators. MANAGEMENT OF LOW LEVEL WASTE PRIOR TO ULTIMATE DISPOSAL Under the terms of the Low-Level Radioactive Waste Policy Act, as amended on January 15, 1986, the States have responsibility for providing disposal capacity for certain low-level wastes (LLW) af ter January 1, 1993. In the interim, access to exist-ing LLW disposal sites is limited. Thus, work will continue on potential rule changes and preparation of licensing guides for acceptable LLW storage and treatment options. Options include combinations of additional on-site storage, volume reduction, and centralized storage, many of which will re-quire amendments to existing licenses. 29

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I 3 s- (- Nuclear Material Safety and Safeguards Programs - Continued SAFEGUARDS PROGRAM FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 3,629 $ 3,489 $ 2,425 (Staff) (78) (79) (78) The Safeguards Program is designed to deter, detect and protect against threats, radiological sabotage and thef t, or diversion , involving special nuclear material, both at licensed fixed facil-ities and during transport. Program implementation involves a large degree of professional judgment and is influenced by security or terrorist-type activities within society. Failure of safeguards has the potential for unusually high impacts on society, including theft of special nuclear material for extor-tion purposes or in quantities sufficient to make an explosive device, and intentional damage sufficient to cause significant off-site releases from licensed facilities. Special care must be exercised to assure that licensee implemented safeguards pro-grams do not affect the operation of a facility (in both normal and off-normal situations) to the extent that a significant safety problem results. The resources requested in this budget are based on the assumption that there will be no change to the basic assumptions for the NRC safeguards program. Safeguards requirements are applied to nuclear material licensees possessing enriched uranium or plutonium, to reactors, and to the transport of enriched uranium or plutonium and nuclear reac-tor spent fuel. The requirements involve detailed plannin0, procedures, and operational systems for maintaining account-ability of material, as well as for deterring and responding to suspected theft or diversion of nuclear material, acts of radiological sabotage, or illegal seizure of material or facilities. Techniques used by licensees include sophis- . ticated detection and alarm systems, barriers, material con-trol and accounting, contingency plans for timely responses to threatening situations, and safeguards organizations staffed with trained and competent expert personnel. This pro-gram also includes agency implementation of the Safeguards Agreement between the United States and the International Atomic Energy Agency (I AEA). The resourco ducrease in FY 1987 represents reduced efforts in re0ulations and regulatory guidance governing protection of high-level waste, spent fuel, and non-power reactors material control and accounting at fuel cycle facilities, and support to the International Atomic Ener0y Agency. 30

v *v Nuclear Material Safety and Safeguards Programs - Continued f3 i i i / REVIEWS OF SAFEGtJARDS AT OPERATING REACTORS

  • Safeguards regulatory effectiveness reviews at operating power reactors have the objective of assuring that the safeguards required by the regulations and implemented by the licensees provide adequate protection without compromising safe opera-tions at the licensees' facilities. By the end of FY 1987, approximately 60 reviews will have been completed at the currently budgeted level of 18 reviews per year.

SAFEGilARDS OF LICENSED FACILITIES AND TRANSPORTATION Licensee operational data will continue to be compiled and ana-lyzed to look for early warning patterns and trends in safe-guards events and data and to identify and resolve any related generic issues through rule and regulatory guidance revisions. Approximately 700 licensin0 cases should be completed in FY 1986, and a commensurate number in FY 1987. These licens-ing cases include technical reviews of safeguards plans or ! revisions of those plans for power reactors, nonpower reactors, fuel cycle facilities, the transport of nuclear materials, and the export of nuclear materials. (3 l SAFEGilARDS SllPPORT OF THE NtJCLEAR WASTE POLICY ACl in support of the Nuclear Waste Policy Act of 1982,. the safe-guards aspects of any monitored retrievable storage facility as proposed by the Department of Energy will be, reviewed and pre-licensing guidance will be provided consistent with Department of Energy schedules. As required by the Nuclear Waste Policy Act, development work will continue on safeguards requirements for generic licensing of dry cask spent fuel storage. l IAEA SAFEGtJARDS PROGRAM PARTICIPATION

 ,                                      Consistent with the objectives of Title 11 of the Nuclear Non-proliferation Act, participation will continue in the Interagency l                                        Action Plan Working Group to strengthen l AEA safeguards and support the U.S. program to provide technical assistance to IAEA.

In support of the US/l AEA Safeguards Agreement, which places l selected t) . S . nuclear facilities under I AEA safeguards, docu-l mentation of facility descriptions and the formal specific l arrangements for implementing lAEA safeguards at the facilities l will be completed, nuclear materials transaction and inventory A data will be compiled and reported to I AEA, and l AEA inspection activities at selected lj.S. facilities will be assisted. 1 31

a' Nuclear Material Safety and Safeguards Programs - Continued O HIGH-LEVEL WASTE MANAGEMENT PROGR AM FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 7,111 $ 6,545 $ 7,575 (Staff) (84) (110) (105) The NRC's high-level waste management program is directed to an effective and efficient discharge of NRC's responsibil- ~ itles based on the premise that, in the absence of unresolved safety concerns, the NRC regulatory program will not delay implementation of the Executive Branch's program as reflected in the DOE Project Decision Schedule (NWPA Section 114(e)). The resources identified are based on the schedules presented in the Draft Project Decision Schedule. Some revision may be required once the effective Project Decision Schedule is completed by DOE, which is now expected in early 1986. The Nuclear Regulatory Commission's principal responsibility in the high-level waste program is to license the high-level waste repository providing that an independent NRC determination shows that the proposed repository's expected performance meets regulatory requirements and is adequate to protect the public health and safety and the environment. To fulfill this responsibility without causing costly delay or rework in the Department of Energy program, early, ongoing interaction and prelicensing consultation is necessary between the Nuclear Regulatory Commission and the Department of Energy. Licensing decisions will be based on independent analyses of programs now being planned and implemented by the Department of Energy. , The Department of Energy must demonstrate and the NRC must assure with appropriate certainty in a formal licensing proceeding that the appropriate regulatory standards for public health and safety and the environment are adequately met. in . order to provide for an effective and efficient licensing pro-cess for this first-of-a-kind undertaking, the Nuclear Regula-tory Conimission, in a timely manner, must develop the methods for demonstrating compliance with performance objectives to per-mit independent determination of the adequacy of the Depart-ment of Energy program; provide guidance to assure that the Department of Energy program provides essential and accept-able data without costly delay or rework; provide onsite over-view of activities; identify and resolve issues; and provide appropriate and timely review and evaluation of Department of Energy submittals. 32

l ! O

                                                                                 \

I Nuclear Material Safety and Safeguards Programs - Continued l Nj PRELICENSING CONSULTATION t l Close interaction will be maintained with the Department of I Energy, the States, affected Indian Tribes, the technical com-munity and other interested members of the public to identify and begin the resolution of licensing issues at the earliest possible date to minimize costly delays or reworks by the Department of Energy. A licensing open-item tracking system will be developed and implemented in FY 1986 - FY 1987 to l help ensure * > at critical licensing issues are properly l addressed and tracked to resolution. l As part of this effort, extensive Nuclear Regulatory Commission

 . pre-licensing reviews of the Department of Energy's site inves-tigations will continue.      These investigations include construc-tion of shafts,        testing of geologic properties,                  and other technical     activities. Modest additional               funding has been included to facilitate agency review of the Department's FY 1987 i     activities associated with the second repository.

REVIEW OF SITE CHARACTERIZATION PLANS l The Department of Energy's site characterization plans (SCPs) l for three potential sites for the first repository will be reviewed in the FY 1986 - FY 1987 period, and the staff will prepare a site characterization analysis (SCA) for each site. l As noted above, prior to receiving the SCPs, agency staff is i conducting extensive consultation with the Department of l Energy to facilitate the early resolution of issues which I might otherwise disrupt the Department's activities. As ! required by the Nuclear Waste Folicy Act, updates of the l plans will continue until a site is selected (1991).

Staffing decreases in FY 1987 are due to the anticipated l . completion of SCP reviews that year.

1 REGULATORY GUIDANCE 1 - To ensure that the Department of Energy program provides the essential, acceptable, and timely data required by the Nuclear Regulatory Commission for licensing review and to ensure that l licensing information needs are met and that licensing issues are resolved in a timely manner, the agency must provide appropriate l and timely regulatory guidance to the Department. Such guidance includes the agency's regulations, regulatory guides, staff tech-l leal positions, and documented technical meetings. Underlying i such guidance is a complex set of system performance assessment models and computer codes which must be maintained and updated , h v as the repository development program progresses. Additional i ! 33 I

Nuclear Material Safety and Safeguaros Programs - Continued i funding has been included in FY 1987 to facilitate the prepara-O tion of necessary guidance and the resolution of licensing issues in a timely manner. l i I i

  • I l

i 4 l 9 I e O O 34 l I

Q [) / I [ iU) $ (/ Nuclear Material Safety and Safeguards Programs - Continued

         )
    %_J LOW-LEVEL WASTE MANAGEMENT AND URANIUM RECOVERY PROGRAM FY 1985      FY 1986        FY 1987 Actual       Estimate       Estimate
  • Funds $ 2,336 $ 2,559 $ 2,500 (Staff) (64) (51) (51)

The Low-Level Waste Management Program includes development of regulatory guidance for implementing 10 CFR Part 61 regula-tory requirements at existing and new near-surface land disposal sites, and for alternatives to conventional shallow land disposal practices; providing assistance to States in their development of new waste disposal facilities; reviewing and processing licensing actions as necessary to ensure continued safe operation of cur-rently operating commercial disposal facilities; and other efforts to assist States and compacts in their implementation of the Low-Level Radioactive Waste Policy Act, as amended. The Uranium Recovery Program involves the licensing of those ['T facilities under agency jurisdiction that are engaged 'n uranium (") extraction activities (other than conventional mining) and ore milling activities; the modification and development of rules that are consistent with the Environmental Protection Agency rules for regulating mill tailings; and approval, on a site-by-site basis, of each licensee's plan for disposal of mill tailings to meet requirements for public and environmental protection. In addition, the Nuclear Regulatory Commission must review, for concurrence and licensing, the actions taken by the Department of Energy in their Uranium Mill Tailings Remedial Action Program. DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE On January 15, 1986, the President signed into law the Low-Level Radioactive Waste Policy Amendments Act of 1985. Under this law, the NRC is given additional responsibilities in the following areas: defining low-level wastes; licensing the federal disposal of commercial LLW greater than Class C; granting emergency access to regional disposal facilities; providing regulatory

  • NOTE: Resources have not been included in this budget re-quest for implementing the Low-Level Radioactive Waste Policy Amendments Act of 1985. The NRC is currently assessing the extent to which additional resources are required to implement the Act.

[mv) 35

( ) v Nuclear Material Safety and Safeguards Programs - Continued guidance on alternative disposal methods; reducing the license O review time; and establishing regulatory standards for vastes below regulatory concern. Regulatory guidance is being developed for existing Part 61 re-quirements; alternatives to conventional shallow land disposal practices; and wastes containing radionuclides in concentrations above levels generally acceptable for near surface disposal. Work is underway to study non-radioactive but hazardous con-stituents of low-level radioactive wastes, and applicability of - regulations promulgated by the Environmental Protection Agency (EPA) pursuant to the Resource Conservation and Recovery Act to the management of low-level radioactive wastes.

                                                                                                          ~

An amendment to Part 61 (Licensing Requirements for Land Dis-posal of Radioactive Waste) is being developed to establish financial arrangements for long-term care of disposal sites. Also, criteria are being developed for evaluating requests for transfer of sites to the jurisdiction of the Federal Government, as provided for under the Nuclear Waste Policy Act. A proposed rule is to be published in FY 1986 and development of a final rule will continue in FY 1987 for the long-term care of dis-posal sites. To ensure prompt and efficient implementation of 10 CFR 61 regulatory requirements applicable to low-level wastes currently being shipped to commercial low-level waste disposal sites, re-views of topical reports on waste solidification processes, waste classification systems, and improved disposal containers will continue. LICENSING llR ANillM RECOVERY FACILITIES Approximately 70. licensing cases per year in both FY 1986 and

  • FY 1987 will be completed for uranium recovery facilities. +.

These licensing cases include safety and environmental re-views of applications for new licenses, as well as applica-tions for amendments to or renewal of existing licenses for uranium mills, heap leaching facilities, ore-buying stations, commercial solution mining, and uranium extraction research and development projects. To ensure protection of the public health and safety it is neces-sary to review approximately 90 licensee monitoring and agency inspection reports per year and to assess the need for improve-ments in regulatory guidance and licensee performance. Congress has mandated that the agency revise part 40 of the regulations (Domestic Licensing of Source Material) to conform to final Environmental Protection Agency standards (40 CFR 192). 36

              /     \                                               0\

b b l g\ Nuclear Material Safety and Safeguards Programs - Continued

   /

Qj'} c This rulemaking will focus on groundwater protection from

radiological and chemical hazards at mill tailing sites. It is anticipated that a proposed rule will be published in FY 1986 and j a final rule in FY 1987.

l URANIUM MILL TAILINGS REMEDI AL ACTION PROGRAM As required by the Uranium Mill Tailings Radiation Control Act, reviews will be conducted of the remedial actions that will be taken by the Department of Energy at 24 mill tailings sites and several thousand contaminated properties located near the sites. l Before the remedial actions can begin, the Nuclear Regula-tory Commission must review and concur with the Department of Energy plans for the long-term stabilization of mill tailings l for inactive mills which generated mill tailings due to Atomic l Energy Commission and/or Department of Energy activities. The i program of remedial action for these mill tailings sites in-l volves approval of plans to assure adequate long-term control of radiation or radioactive releases from the sites, protection of groundwater, and eventual licensing of the long-term custody and maintenance of the sites. The Act's provision for early Nuclear Regulatory Commission review and approval of Depart-ment of Energy plans helps ensure that the custody and care of lp (j) the site can be licensed by the Nuclear Regulatory Commis-l sion, thereby precluding costly delay or rework by the Depart-ment of Energy. The greatest Nuclear Regulatory Commission , involvement is expected to occur during the 1985-1988 period. l TECHNICAL ASSISTA*!CE TO STATES Technical assistance on low-level waste disposal and licensing of uranium recovery facilities will continue in FY 1986 and FY 1987.

 .      With respect to low-level waste, every effort will be made to provide technical assistance to the States for existing low-level waste sites and regulatory guidance on alternative disposal tech-nologies, as requested. With regard to uranium recovery, tech-
 -      nical assistance will be provided to Agreement States upon request on specific technical licensing matters.      Two or three requests for such assistance are anticipated each year.

O) ( v 37

O b' \ b Nuclear ".1aterial Safety and Safeguards Programs - Continued O MANAGEMENT DIRECTION AND SUPPORT PROGRAM FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 0 $ 100 $ 100 (Staff) (29) (28) (28) The resources requested for Management Direction and Support provide for the overall policy guidance and management direction of thb Nuclear Materials Safety and Safeguards programs by the . Office Director and the Regional Administrators. Requested resources also provide for technical and administrative support to the Director and the Regional Administrators. O E 0 38

l i j i i i l I I i I t 1

!I i

i i j l i i INSPECTION AND ENFORCEMENT l l 1 l j '

i i

l 1 e l 1 l 1 1 I i 1 { l i 1 4 i i 1 1 t, i

INSPECTION AND ENFORCEMENT PROGRAM SUPPORT 10,000 - LEGEND: 9,000 _ _ . _ _ . _ ,.,. . . ., ,. FY 1986 8,000 E 7,000 - - _ _ _ _ _ _ _ . . . _ . I s 6,000 l 5,000 g 4,000 . _ _ _ _ 3,000 -- - - g_ __ 94 I /'*::.gp#::#;#;#'. 2,000 -- -- -- -- , 1,000 - - -- - 0 l STAFF 600 -- - -- 400 300 -

                                             //                               ..

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l (V \ O U n INSPECTION AND ENFORCEMENT PROGRAMS

         /                     \

() (Dollars are in thousands, except in text, where whole dollars are used; staff numbers are in full-time equivalents.) Total FY 1987 estimated obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $98,540 Total. Funds and Staff FY 1985 FY 1986 1/ FY 1987 Actual Estimate Estimate Salaries and Benefits $ 53,440 $ 54,570 $ 55,750 Program Support 21,918 21,220 20,070 Travel 4,927 5,070 5,250 Administrative Support 14,301 17,380 17,470 Total Obligations $ 94,586 $ 98,240 $ 98,540 (Staff) (1,105) (1,140) (1,135) Program Support Funds and Staff The inspection and Enforcement staff and program support funds are allocated to the major programs shown below, n The program support funds are primarily for contractual ( ) work by the Department of Energy laboratories and com-

          's_j                                       mercial contractors. The narrative that follows describes the programs and the reason they are needed.

FY 1985 FY 19861! FY 1987 Actual Estimate Estimate Funds S_tay Funds Staff Funds Staff Reactor Construction $ 809 63 $ 830 38 $ 300 32 Reactor Operations 6,289 555 6,290 630 6,185 637 Vendor and Quality Assurance 5,902 76 3,120 73 2,645 65 Enforcement, Technical Support and incident Response 7,528 159 8,081 153 7,670 152 Fuel Cycle and Materials 661 95 920 87 970 87 Specialized Technical Training 729 16 1,979 20 2,300 23 Management Direction and Support 0 141 0 139 0 139 TOTAL $21,918 1,105 $21,220 1,140 $20,070 1,135 m 1! Estimates do not reflect the 4.3% reduction required by the Balanced Budget and Emergency Deficit Control Act of 1985. The total NRC reduc-tion is $17,974,000, 39

   -n
 'J                                                      Gl Inspection and Enforcement Programs - Continued DESCRIPTION OF PROGRAMS Inspection and Enforcement Programs are conducted to ensure that    facilities and materials      (4nder agency jurisdiction are designed, constructed, and operated or used safely and in com-pliance with agency regulations. Prompt enforcement action is taken against licensees who do not comply.

Inspection and Enforcement Programs are conducted by the Office of Inspection and Enforcement and the agency's five . Regional Offices, which are located in King of Prussia, Penn-sylvania (Region l); Atlanta, Georgia (Region ll); Glen Ellyn, lilinois (Region Ill); Arlington, Texas (Region IV); and Welnut Creek, California (Region V). - The headquarters staff has responsibility for: (1) inspection policy and program development; (2) assessment of inspection program content and implementation by Regional Offices; (3) appraisal inspections to determine licensee and regional per-formance; (4) enforcement actions referred by Regional Offices; (5) evaluation of licensee events; (6) response to incidents by managing the agency's Operations Center; (7) emergency pre-paredness, including coordination with the Federal Emergency Management Agency and emergency preparedness licensing of re-actors; (8) development and licensing of quality assurance pro-grams; (9) development and implementation of the vendor inspec-tion program; (10) design inspection nrograms; (11) specialized technical training; and (12) technical support to the Regional Offices. The majority of the program staff are located in the Regional Offices. The Regional inspection staff has responsibility for: (1) conducting inspections at reactors, fuel facilities, and materials licensees; (2) initiating enforcement actions; (3) conducting systematic assessments of licensee performance; (4) performing emergency preparedness annual reviews; (5) responding to incidents by dispatching personnel to the site in question; and (6) providing technical support to the , Office of Investigations. Implementation of the inspection program is conducted under two basic formats: (1) prescribed scheduled routine inspections de-signed to evaluate the licensee's activities, recognizing that the licensee has primary responsibility for protection of the public health and safety; and (2) unscheduled, reactive inspec-tions to follow up on problems or to assess licensee compliance with special requirements imposed as a result of the evaluation of events at other reactor plants. Response to incidents is carried out jointly by headquarters and the regions. At headquarters, the agency's Operations Center is continuously staffed to receive calls of reportable events;pass to the appropriate immediate action; and to determine 40

i inspection and Enforcement Programs - Continued appropriate items to the regions for followup. When necessary, the Center is activated and an emergency response team from the region is dispatched to the site to monitor and evaluate the sit-untion and provide advice and information to the licensee, the Federal Emergency Management Agency,' state and local govern-ment officials, other Federal agencies, and the public. l The inspection and Enforcement Programs address the need for increased assurance that reactors being constructed will meet operating license requirements and that those in operation will . operate safely. The resident inspector program (agency inspectors with duty sta-tions at power reactor sites) is being expanded to provide two residents at almost all single unit operating sites, in addition to the two residents assigned to every reactor construction site, including those sites with plants undergoing preoperational testing. 1 P e i 41

fs N O J Inspection and Enforcement Programs - Continued Table 1 ' Power Reactor Caseload Forecast End-of-Year Actual Estimate Estimate FY 1985 FY 1986 FY 1987 Reactors Under Constructiona / 12 11 10 Reactors j Preoperational Testing 20 11 4 Subtotal Construction 32 22 14 Reactors Licensed or Rgfdy for , Low Power Operation- 9_5 105 113 Total 127 127 127 a/ Related resources are discussed under Reactors in Construction. b_/ Related resources are discussed under Reactors in Operation. O 9 l l O 42

h j NY N,./ Inspection and Enfcecement Programs - Continued s REACTOR CONSTRUCTION PROGRAM FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 809 $ 830 $ 300 (Staff) ( 63) ( 38) ( 32) The Reactor Construction Program consists of developing, con-ducting, and assessing inspection programs at reactors under construction. Resource reductions in FY 1987 are a result of decline in caseload (see Table 1) and are partially offset by increases for a restart readiness review. A readiness review is a joint initiative by the utility and NRC to evaluate in de-tail the utility's readiness to proceed to the next major mile-stone of the project in conformance with requirements for receiving an operating license. The agency's inspection pro- ,

      . g ram for those reactors whose construction is nearly complete                                                                         '

(i .e. , preoperational testing) is discussed in the Reactor Operations Program. The Reactor Construction Program is carried out by resident inspectors, region-based specialists, and con-struction appraisal team inspectors. Approximately one percent of the work activities at construction sites, which typically employ 4000 to 6000 workers, is currently actually observed by NRC inspectors. RESIDENT INSPECTORS The resident inspector applies general experience in construc-tion activities to assure that installations of equipment and structures are in accordance with design requirements and qual-ity assurance procedures. The resident inspector has frequent contact with construction management personnel from the utility. He reviews procedures, observes the work, and audits quality control . He may also participate in agency hearings, licensing meetings and public discussions. The agency is assigning two resident inspectors at each active construction site. A second construction resident inspector provides a substantial increase in onsite inspection time (aoproximately 50%) and should lead to more timely identification of problems associated with the complex a 1d multidisciplined construction activities. The FY 1985 House Appropriation Committee Report (H.R. 98-755) which accompanied P.L. 98-360 indicated that more inspection effort needs to be focused on plants under construction. i v 43 1

            , . - - , -      -- - . - -                    ,        --  - . . . .       - - , - . ,       , . - - , - - . . . - - n--__.,.,-,.

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                                                          )

lospection and Enforcement Programs - Continued REGION-BASED SPECI ALISTS The majority of inspections are in-depth , specialized technical inspections carried out by region-based r~ialists in the areas of civil, mechanical, and electrical engineering, instrumenta-tion, welding, nondestructive examination and quality assurance. Region-based specialists are responsible for evaluating the corrective measures taken by the utilities to resolve certain types of identified problems. CONSTRUCTION APPRAISAL TEAM Construction Appraisal Team inspections are scheduled for selected reactors and serve to identify construction problems prior to licensing for operation or, conversely, to provide as-surance that the plant is ready for licensing. Major indepen-dent team inspections are planned at four sites in FY 1986 and one site in FY 1987 by the Construction Appraisal Team. These inspections help determine through an integrated multidisciplined approach whether a facility is being constructed in accordance with regulatory requirements and appropriate industry practices, and whether the applicant's management and quality control pro-grams are effective. They emphasize verification of the quality of installed components, systems and structures. They are also used to assess regional implementation of the construction inspection program, as well as to determine needed changes. Pro-gram support funds augment these efforts by providing technical assistance to the Construction App.aisal Team. G 0 44

N 1 j l 1

                ' Inspection and Enforcement Programs - Continued n
   ')

REACTOR OPERATIONS PROGRAM FY 1985 FY 1986 FY 1987 Actual Estimate Estimate , Funds $ 6,289 $ 6,290 $ 6,185 4 (Staff) (555) (630) (637)

The Reactor Operations Program consists of developing, conduct-ing and assessing inspection programs for power and nonpower
  ~

reactors during the preoperational testing, startup, and opera-tional phases; developing and coordinating third party inspec-tion programs and agreements; reviewing emergency preparedness ! license applications and modificatior s; and providing radiolog-ical monitoring support services to Agreement States and other states. The Operating Reactor inspection Program is performed i by resident inspectors, region-based specialists and the Per-formance Appraisal Team. i 4 l- s RESIDENT INSPECTORS

    \            Resident inspectors are generalists who concentrate on day-to-day operations, event followup, licensee management and staff performance.         In addition,          they coordinate on-site activities of the various agency offices and participate in emergency exer-cises. They also serve as the agency contact with local offi-cials, the press and the public. The budget allows for assign-ment of 148 resident inspectors to operating reactors and those in preoperational testing in FY 1986 and 156 in FY 1987. A sec-ond resident inspector is being assigned at plants in_ the pre-
  ,              operational testing phase to allow for additional coverage during the critical period when utility construction and associ-ated quality assurance and quality control inspections are being completed, preoperational testing is in progress, hearings are being conducted and when last minute allegations may be intro-duced. This increased on-site inspection coverage, which prov-ides additional support for identifying, evaluating and resolv-ing issues, will help reduce the probability of licensing de-lays. In FY 1987, a second resident inspector will also be O

45

[  ; V V inspection and Enforcement Programs - Continued assigned to almost all single unit operating sites. This addi-tional coverage will provide better continuity and increased direct inspection of important areas such as licensec mainte-nance and surveillance activities. REGION BASED SPECI ALISTS Region-based inspectors are specialists whose efforts include detailed inspecticm in such areas as plant operations, systems surveillance, mair mance, modifications, inservice inspection, fire protection, , .ndestructive testing, training, refueling, radiation protection, quality assurance, emergency planning, en-vironmental protection, management systems, security, and safe-guards. Additional region-based specialists are needed in FY , 1987 due to an increased number of operating plants and for increased effort at new plants during the first two years of operation. To augment these region-based specialists, highly specialized technical assistance is provided through contractual assistance. These contracts inc8ude aerial radiological surveys, state environmental monitoring at reactor sites and other con-firmatory independent measurements. Funding is also required to provide technical assistance for team inspections during planned reactor outages. Because of the potential impact to safety mar-gins resulting from repairs and modifications conducted during outages, the NRC must implement an inspection program which focuses on major plant modifications and repairs. Many problems at operating plants have resulted from inadequate control of design, equipment installation or testing activities during out-ages. The numbers and types of problems have indicated the need for increased NRC inspection of modifications, repair and maintenance activities during plant outages. A pilot program is being conducted by headquarters staff during FY 1986 and the developed program will then be implemented on a national basis. PERFORMANCE APPRAISAL TEAMS Three Performance Appraisal Team inspections will be conducted - each fiscal year to assess licensee implementation of management control systems and regional implementation of inspection pro-grams, and to determine the effectiveness of the institute of Nuclear Power Operations' (an industry sponsored organization) program for evaluating plant operations. O 46

4 Inspection and Enforcement Programs - Continued I EMERGENCY PREPAREDNESS REVIEWS Nuclear power plant applicants and licensees are required by j agency regulations (Part 50 of Title 10 of the Code of Federal Regulations) to develop and implement onsite and offsite plans

for . taking protective actions in the event of reactor accidents.

The plans for a given reactor site generally involve those pre-pared by the utility for application to onsite areas and those prepared by State and local governmental authorities for areas

beyond the plant boundary. Emergency preparedness activities for NRC include
(1) developing licensing policy and guidance; j (2) reviewing and evaluating onsite emergency plans and proce-I dures to provide input for Safety Evaluation Reports on appli-
     ,                                                           cants' emergency preparedness capabilities; (3) reviewing modi-

! fications to existing licenses; and (4) coordinating with the ! Federal Emergency Management Agency (FEMA) on findings and i determinations resulting from their review of offsite emergency 7< preparedness of State and local governments as it affects '

- licensed nuclear facilities. NRC will participate in a Federal

} Field Exercise in emergency preparedness sponsored by FEMA in ' i FY 1987. i i-f i I l i.* J. 4 r k i' i l i-1 4. l-I 47 1

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I U I (vI Inspection and Enforcement Programs - Continued VENDOR AND QUALITY ASSUR ANCE PROGRAM FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 5,902 $ 3,120 $ 2,645 (Staff) (76) (73) (65) The Vendor Program focuses on architect-engineering firms, nu-clear steam system suppliers and companies producing the piping, valves, pumps, electrical equipment, and instrumentation for re- - actors and safety-related systems. During inspections conducted at licensed facilities and the offices and plants of vendors, emphasis is placed on design verification, interfaces with plant construction, and the development, verification, and use of com-puter codes. The primary concern is that licensees are fulfilling their responsibilities in these areas. The Quality Assurance Pro-gram integrates agency activities for quality assurance licens-ing, inspection, standards and research, recognizing that substantive improvements in quality must come from the nuclear industry itself, with NRC efforts oriented to the prevention and early detection of major quality problems. VENDOR PROGR AM Approximately 120 inspections of vendors will be conducted each year in FY 1986 and FY 1987. The principal inspection categories are: (1) reactive inspections at vendor facilities and reactor sites in response to reports of defects and noncompliance with the regulations (submitted in accordance with Part 21 of Title 10 of the Code of Federal Regulations), adverse reports on condi- - tions of construction (submitted in accordance with Part 50.55 (e) of Title 10 of the Code of Federal Reguations) and allegations by workers and the public; (2) equipment qualifica- ' tion related inspections; (3) reactive and routine inspections of the quality assurance programs of architect-engineers and nuclear steam system suppliers, technical information provided to reactor licensees on vendor-supplied equipment, and third-party surveys such as those conducted by the American Society of Mechanical Engineers in accordance with the Boiler and Pressure Vessel Code; and (4) inspections to followup on known technical issues. Contractor assistance funds permit the agency to: conduct more detai'ed technical inspections at vendor facilities, concen-trating on safety impact and feedback of information directly to plant operations; and provide the capability to hire experts in specialized areas. Experience over the past several years with indicates that this effort is warranted. Reactor vendors 48

p m v

      ,   inspection and Enforcement Programs - Continued operational safety issues have resulted from the breakdown of vendor quality assurance programs, failure of vendors to ade-quately convey maintenance procedures to licensees, and impro-perly certified (and in some cases fraudulent) work and mate-rials provided to major vendors by second- and third-level vendors. Major problems throughout the industry can be avoided if properly considered and resolved. Failure to consider these issues in a thorough and timely manner can result in additional costs to licensees, delays in licensing and the shutdown of operating plants to replace or repair defective components.

Regional vendor inspection efforts are primarily related to

  .      followup and closecut actions at licensed facilities to ensure that licensee corrective action is carried out with respect to vendor problems discovered during vendor inspections.

QUALITY ASSURANCE PROGRAM A revised program for quality assurance is being developed and carried out as recommended in "A Report to Congress on improv-ing Quality and the Assurance of Quality in the Design and Con-struction of Nuclear Power Plants," USNRC Report NUREG-1055. The Report to Congress identified a number of areas in which current agency practices should be altered to increase the like-lihood of achieving quality and the assurance of quality in [m ( design and construction. While the focus of the report was on construction, many of the corrections will be applied to reactor operations. These changes include: (1) reductions in agency prescriptiveness and greater emphasis on quality program per-formance and end products; (2) reduction or alteration of requirements which have resulted in attempts to inspect quality F'to a plant rather than to place reliance on those responsible (or a project or plant operations; and (3) methods to resolve quality assurance contentions earlier in the licensing process so as to avoid the necessity for considering a large number of

  ~

allegations in the final stages of a project when the conse-quences of delay are much greater. These changes will also make the nuclear licensing and regulatory process more predictable and stable. A pilot program on readiness reviews which embodies

  .      the changes described above will continue through FY 1987.

Overall resources in the Vendor and QA area are decreasing pri-marily as a result of reduced requirements in the design inspec-tion area (described below). This is partially offset by additional effort to accommodate increased emphasis on readiness

        - reviews .

i The current integrated Design Inspections and independent De-sign Verification Program reviews of selected reactors under construction will be phased out by the end of FY 1986. These 4 p programs were primarily directed at design reviews of reactors in construction. As more reactors come on line, NRC will shift (w the design inspection program to focus on inspections involving 49

m o

           \

(Y ) ( )s Inspection and Enforcement Programs - Continued the review of design changes related to routine and/or major modifications to reactors in operation or during outages. Addi-tionally, design inspections will be performed at selected de-sign organizations that provide engineering services to operat-ing reactors. These inspections will concentrate in the mechani-cal, electrical and instrumentation and control areas and will sample the technical adequacy of the engineering products. Two such design inspections are planned in FY 1987. G h O l G O 50

i 7 \ s 7

                                                                               )
                    '\                                                       V cs    inspection and Enforcement Programs - Continued l

( ') ENFORCEMENT, TECHNICAL SUPPORT, AND INCIDENT RESPONSE PROGRAM FY 1985 FY 1986 FY 1987 Actual Estirqate Estimate Funds $ 7,528 $ 8,081 $ 7,670 (Staff) (159) (153) (152) The Enforcement Program is intended to assure safety through licensee compliance with agency regulations. A program for the systematic assessment of licensee performance is aimed at im-proving both NRC regulatory efforts and licensee performance in the construction and operation of nuclear power plants. Techni-cal suppert provides necessary assistance to conduct investiga-tions, inspect problem facilities, followup allegations, analyze licensee events for their safety significance and the appropri-ateness of corrective actions, communicate common problems to staff and licensees, and maintain fixed and mobile laboratories (e.g. Non-Destructive Examination van). The incident Response fm Program affords assurance that the agency is prepared to re-spond to incidents, including twenty-four hour staffing of the (V} agency's Operations Center. ENFORCEMENT The Enforcement Program is carried out to ensure compliance with regulations and license conditions; to obtain prompt correction of noncompliance; to deter further noncompliance; and to encour-age improvement of licensee performance. The enforcement pro-gram employs a series of sanctions that escalate according to the seriousness of the noncompliance and the past history of li-censee performance. Notices of violation, civil penalties and orders are issued, as necessary, to assure safety and compli-

 .         ance.

SYSTEMATIC ASSESSMENT OF LICENSEE PERFORMANCE Systematic assessments of licensee performance arc conducted for operating power reactors and reactors under cor,struction. The program involves collecting information on a periodic basis about the overall performance of a licensee in a number of im-portant areas (e.g., management involvement in assuring quality, enforcement history, and reporting and analysis of events). Emphasis is placed on understanding the reasons for licensee i] [ performance in these areas, sharing the understanding with the licensee, and then focusing agency inspection accordingly. 51

l l l \

!                                                       /
%,j                                                %,_J inspection and Enforcement Programs - Continued SUPPORT FOR PROBLEM FACILITIES, ALLEGATIONS AND O

INVESTIGATIONS Expertise is needed to assist in inspections and investigations. Facilities where majer problems have been identified have drained resources from other programs and facilities. Nuclear power plants such as Braidwood, Waterford , Comanche Peak, and Diablo Canyon have required hundreds of staff months of additional inspection and millions of dollars of technical assistance funds to resolve problems and allegations. More recently an investigation into the cause of the event at Davis . Besse has exemplified the need for resources in this area. Problems at material licensees have required augmented effort. Special inspections are also - required to assist in investiga-tions responding to allegations of safety and safeguards viola- - tions at nuclear facilities. LICENSEE EVENT ANALYSIS AND GFNERIC COMMUNICATIONS Licensee event reports are analyzed to identify problems with potential safety significance which may be common to specific types of plants. Bulletins and information notices are then prepared to inform licensees, vendors and the agency staff of these problem areas, and to recommend or require corrective ac-tions. More than 10,000 event reports are reviewed and approxi-mately 100 communications are issued annually. INCIDENT RESPONSE PROGRAM A new agency Operations Center was opened in FY 1985, improv-ing the agency's capability to respond to incidents. In addi-tion, systems and programs for supporting reactor safety assess-ment, protective measures, information management, response - training, and communication of information are being upgraded. Program Support funding will provide improved communications during an emergency by using data already available in licensee computerized data systems, such as safety parameter display , systeins. O 52

lp \ V 1 A inspection and Enforcement Programs - Continued il FUEL CYCLE AND MATERI ALS PROGRAM FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 661 $ 920 $ 970 (Staff) (95) (87) (87) The Fuel Cycle and Materials Program provides inspections for 1 the processing of nuclear materials at fuel cycle facilities,

, the use of nuclear and radioactive material at medical, academic and industrial institutions, and the transportation of such

] materials. FUEL FACILITIES INSPECTIONS Radiological safety inspections will be conducted at 60 fuel , facilities each year in FY 1986-1987. These facilities include uranium mills, uranium conversion facilities, and fuel produc-p tion plants. Physical security and material control and account-i ( ing inspections will be performed at the 10 fuel production plants. Inspections at fuel facilities help to ensure that un-safe conditions involving unnecessary and harmful radiation ex-2 posure to employees and the public do not develop, that mater- ! ials are properly controlled to prevent a nuclear criticality accident, and that security and material control practices are adequate to prevent diversion or theft of fissionable materials. I MATERI ALS INSPECTIONS 1 Approximately 2700 onsite radiological safety inspections of ap-proximately 9000 materials licenses will be conducted per year i in FY 1986-1987 to help ensure that unsafe conditions involving unnecessary and harmful radiation exposure to employees and the 4 public do not develop. Nuclear materials are used by firms deal-ing with source, byproduct, or special nuclear materials in nuclear medicine, radiography, industrial testing, well-logging, and academic research. Inspections of transportation and the handling and storage of radioactive wastes are also required. In addition to routine periodic inspections of licensees, the requested resources will provide for the evaluation and followup l actions on 250 licensee-reported incidents, 225 medical mis-4 administrations, and NRC action on 270 expired licenses. In a h) Q the latter case the agency must determine whether the ex-licensee still possesses radioactive material, must act to ensure that the material is transferred to an autho-and, if so, it rized NRC or Agreement State licensee. 53

         ,,      - - , - , ,          . . . . . - . _ _ _ , . ~ . , ~ _ _        . . , , , . _ _ _ _ , _ .       _ , , - _ ~ _ , , _ . - . . _ _ _ - _ _ . - . .
      '                                                A inspection and Enforcement Programs - Ccntinued DECOMMISSIONING AND CLOSEOUT RADI ATION SURVEYS O

Decommissioning and closecut radiation surveys at materials licensees and fuel facilities will be conducted as needed to de-term;ne whether the property can be released for unrestricted use. These determinations are based on independent radiation surveys to ascertain whether the licensee has successfully de-contaminated its property as it has stated in its report to the NRC. O O I l O 54

b ! k l' N inspection and Enforcement Programs - Continued

         )

l V SPECI ALIZED TECHNICAL TRAINING PROGRAM i a FY 1985 FY 1986 FY 1987 l Actual Estimate Estimate l Funds $ 729 $ 1,979 $ 2,300 (Staff) (14) (20) (23)

The Specialized Technical Training Program is managed by the
  .                     Office of Inspection and Enforcement and operated at the
;                       Technical Training Center near Chattanooga, Tennessee. This j                        program provides training to region-based and resident inspec-tors, other agency technical staff, and state and foreign gov-1                        ernment employees. Courses are offered in design, technology and operation of pressurized and boiling water reactors, and in other specialized areas of reactor construction, health physics, 1

quality assurance, and operator license examiner training. Training is conducted in conventional classrooms, scientific laboratories, nuclear power plants, and reactor control room simulators. This specialized training proviaes added technical experience for the staff to perform inspections and safety re-i views for reactors, fuel cycle facilities and materials-use activities. Resource increases are to support specialized technical training courses which will be developed and conducted in a wide variety , 4 of specialties; for example, electrical codes, welding, health j physics, etc. Reactor simulator usage will be increased for ! inspector and operator license examiner training. Increases in resources are based on increased demands for courses in engi-l - neering and inspection fundamentals as well as the need to l keep all NRC inspectors abreast of new developments in BWR/ 4 PWR technology, radwaste, health physics and quality assur-

ance. Another significant factor contributing to increased training resource requirements is N R C's expanded entry level

.; hiring program, which requires extensive training of new employ-ees in a wide variety of disciplines. 1 i 1 l l i i 55 _ _ = , _ ___ . _ . _ _ _ - . . _ _ _ . _ . _ _ _ _ . _ _ _ _ . _ . _ _ _ _ __

I'N -O

                                                     \
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Inspection and Enforcement Programs - Continued MANAGEMENT DIRECTION AND SUPPORT PROGRAM FY 1985 FY 1986 FY 1987 Estimate Estimate Estimate Funds $ 0 $ 0 $ 0 (Staff) (141) (139) (139) The resources requested for management direction and support provide for the overall policy guidance and management direction of the inspection and Enforcement programs by the Office Direc- , tor and the Regional Administrators. Requested resources also provic'e for technical and administrative support to the Director and Regional Administrators. O S 9 O 56

l 4 4 f i i NUCLEAR REGULATORY RESEARCH ' x .i I ,5 # . 3 v E4 "N s*E e a i . i i I O l l I I i l \ l l l \ I

                                                      ~                                                                           ___

O O NUCLEAR REGULATORY RESEARCH PROGRAM SUPPORT LEGEND: FY 1985

                                                  --                                            .. ....... , FY 1986 40.000 FY 1987 4 35,000 d

830,000 _ y g 25.000 20.000 . 15.000 5 5.000 . .

                    ...                                    ...i             ...

A

              $'           vM                         ff' $*                     ,
                                                                                                ,$        o STAFF y    ____

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              $'* ,          4 ' $ $ " $$""                                                      ,
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m v NUCLEAR REGULATORY RESEARCH PROGRAMS (./ (Dollars are in thousands, except in text, where whole dollars are used; staff numbers are in full-time equivalents.) , Total FY 1987 estimated obligations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $113,460 Total Funds and Staff FY 1985 FY 19861/ FY 1987 Actual Estimate Estimate Salaries and Benefits $ 12,550 $ 11,780 $ 10,210 Program Support 132,982 118,400 99,040 Administrative Support 3,847 3,960 3,690 Travel 580 570 520 Total Obligations $149,959 $134,710 $113,460 l (Staff) (226) (207) (180) Proaram Support Funds and Staff 4 The Nuclear Regulatory Research program support funds and staff are allocated for major programs, as shown O below. The program support funds are primarily for con-tractual work by Department of Energy laboratories, private contractors, nonprofit organizations (univer-sities, foundations, etc.), and grantees. The narra-tive that follows describes the programs and the reasons they are needed. FY 1985 FY 19861# FY 1987 Actuel Estimate Estimate

      .                                                       Funds Staff                         Funds Staff                    Funds Staff Reactor Engineering                            $ 38,817                 53      $ 39,408            53      $ 40,100                   51 Thermal-Hydraulic Transients                                      23,964                18            21,457        16               16,400            14 Accident Evaluation                               39,965                27            29,900        23                19,000           19 Reactor Operations
              & Risk                                          16,610                55             15,225       51                11,800           41 Waste Mgmt, Earth Sciences & Health                               13,626                49             12,410       42                11,740           35 Management Direction i

and Support 0 24 0 22 0 20 Totals $132,982 226 $118,400 207 $ 99,040 180 1 stimates E do not reflect 4.3% reduction required by the Balanced Budget s and Emergency Deficit Control Act of 1985. The total NRC reduction is

              $17,974,000.

57

i ( ( , i ( G/ L/ I Nuclear Regulatory Research Programs - Continued DESCRIPTION OF PROGRAMS The programs of the Office of Nuclear Regulatory Research (RES) are an essential and integral part of the regulatory process. Safety research supports nuclear regulation by providing defensible technical bases for regulatory action to ensure public health and safety. The program emphasizes early identification of potential problems with operating reactors, where problems continue to arise, and the development of criteria for the safe disposal of nuclear waste. The problems and corresponding topics of research ' are programatically grouped into six major areas:

1. Aging and Degradation in Power Plants A large number of reactor plants have been operated for a significant fraction of their licensed life. Corrosion, radiation embrittlement, and fatigue have raised specific questions about the continued safety and viability of many of these plants; in particular, about the integrity of the primary coolant pressure boundary. Widespread and poten-tially serious problems have occurred. These have included cracked piping at boiling water reactors, defective valves and relays, and inadequate means for detecting and charac-terizing flaws. Although many of these questions are being resolved by research and regulatory action, they are likely to continue to arise. Further, there may be other presently unrecognized degradation mechanisms occuring, therefore, research needs to be done to identify latent problems and incipient failures before they occur.
2. Complex Operational and Thermal-Hydraulic Transients Previous research on complex operational and thermal hydraulic transients has been largely oriented toward large-break loss-of-coolant accident (LOCA) issues and has ,

reflected an underlying assumption that thermal hydraulic transients generally could be adequately characterized by a limiting case, the large-break LOCA. The Three Mile island accident and other operating experiences have - refuted the assumptions of a limiting thermal hydraulic case. Anomalous transients and small-break LOCAs which have occurred have had serious safety implications for a broad class of reactors, but since reactors are not standardized, direct extrapolation of the safety significance of a given accident is not readily achievable. Therefore, development and maintenance of complex thermal analysis codes, as well as experimental analysis of potential accident sequences and verification of computer codes are required. O 58

x U b 1 Nuclear Regulatory Research Programs - Continued

/,_,N t     i V       3. Consequences and Risk from Severe Accidents Assessments of the consequences of severe accidents have to be based on a definitive demonstrable understanding of the physical processes . which occur in such accidents such as the release and transport of radioactive materials, the form in which they occur, the environmental conditions that are created by the accident, and the resultant loads on the containment system. Prior to the Three Mile Island    accident several generic " source terms" were used    to   characterize the complete range of severe

- accidents. The experience of TMI revealed the defects of the generic " source te rm" . Much basic research on source term phenomenology has been completed. The research emphasis is now directed toward an assessment of the risk of typical light water reactor designs and quantification of the remaining uncertainties so that the improved understanding of the actual processes which occur during a severe accident can be applied to severe accident decisionmaking and a reevaluation of the affected regulations.

4. Plant Operations and Risk Analysis y Significant advances have been made in the development of probablisite risk assessment (PRA) techniques in the past

( v ') decade and in research on radioactive source terms that would be potentially produced by degraded core accidents. RES directed much of its FY 1985 and FY 1986 effort to the preparation of an integrated reactor risk assessment report (N U R EG-1150) that will be published in draft for public comment in FY 1986 and will assemble and interpret the most recent information on accident frequencies and risk during severe reactor accidents for six reference plants. The bulk of the FY 1987 effort will be directed to making recom-mendations as to the proper use of this information in regulatory decisionmaking and plant-specific applications. Such applications include assessment of: the risk reduction potential of various existing and proposed regulatory . requirements; the risk represented by specific reactor conditions in establishing limiting conditions for operation and in planning specific inspection activities.

5. Seismic Analysis With the continuing improvement in understanding of geology and seismology we have found that a number of older plants have been designed for seismic hazard levels that are below current criteria. Although we believe that there are considerable seismic safety margins ia present designs, p there is an urgent need for improved bases and methods for

( properly characterizing seismic hazard for plants,

  \          especially those in the Eastern U.S.,     and   for well-validated 59
      !      j f    )

Q Q ,J Nuclear Regulatory Research Programs - Continued methods for seismic analysis that can be used to reassess the older operating plants to determine whether adequate safety margins do exist and to quantify these margins.

6. Nuclear Waste Disposal Disposal of both low and high-level nuclear waste involves issues that are at the forefront of technology related to waste form, waste package integrity, and the behavior of leaked radionuclides in the disposal facility environment and the biosphere. Regulatory research is required to develop the methods and data bases needed to evaluate the -

adequacy of applicant submission to meet regulatory requirements, particularly those on radionuclide release limits. . The Regulatory Research Program will develop for the Nu-clear Material Safety and Safeguards Office the analytical methods and techniques needed: to assess waste package and facility backfill integrity, to evaluate ground watcr hydrology, and to determine radionuclide concentrations and dose release scenarios. These analytical capabilities are essential to an independent evaluation and review of applications for waste disposal facilities. The emergence of new technical issues and the existing wide variety of plant designs require continuing research as described in the six major areas above. NRC must therefore meintain technical expertise for future resolution of regulatory issues. In an effort to meet these needs and to maximize productivity while experiencing a decline in funding, the Office of Nuclear Regulatory Research is working towards integration of specialized scientific and engineering areas of expertise at selected principal national laboratories. Identifying well-defined areas of technical cognizance for each of several laboratories will greatly facilitate the execution and interpretation of research - results, and maintain a cepability in required technica, areas to respond to anticipated technical operating probieras having impacts on safety. O 60 f

(m V V 7g Nuclear Regulatory Research Programs - Continued REACTOR ENGINEERING PROGRAM 4 FY 1985 FY 198'6 FY 1987 Actual Estimate Estimate Funds $38,817 $39,408 $40,100

(Staff) (53) (53) (51) ,

1 Design errors, construction defects, and degradation due to

aging and wear at some nuclear plants increase the probability 4

of the initiation of accidents or the reduced capability to mitigate the effects of accidents should they occur. 1 Reactor Engineering Research is directed to providing the  : licensing staff with the basis for taking timely action regard-ing the safety of operating plants and determining whether to i permit continued operation or require shutdown or modification ~

;                     of plants.                      Events that require such decisions are, for example, adverse experience with components in one or more operating j                      plants, problems uncovered by inspectors, changes in safety requirements from those for which a plant was approved, results 1                    .

of domestic and foreign research, and operating experience. The j j research involves assessing the suitability of structures and i N/ components for the intended service (including abnormal and anticipated accident conditions), the effects of time, operational environment (e.g. , temperature, humidity, radiation), and conditions of operation on the continued safety of those ! structures and components, and the means for surveillance, inspection, testing, maintenance, repair, and replacement. AGING AND DETERIORATION OF OPERATING PLANTS

   ~

l Aging and service wear of components could result in deteriora-tion to a point at which stresses from normal operation, tran-sients or accidents could cause a " common mode" failure resulting

   .                   in an accident or in rendering inoperable redundant safety sys-l                       tems needed to mitigate accidents. Research is being conducted                                                                                                                 i to identify effects of aging and service on structures and compo-nents that would have an impact on the safety of operating reac-tors and to evaluate such measures as surveillance, inspection, testing, maintenance, repair, and replacement that can be cost effective in dealing with such effects. This research will pro-vide a basis for assessing the safety of older plants and will
facilitate relicensing to extend effective plant life beyond i that originally anticipated.

i

<                       Research will determine the age-related deterioration of such equipment as pressure vessels, piping, cables, valves, pumps,
 <                      and motors in the anticipated environment and operating service j                                                                                              61 1
        - - , - - -       . - - - . . . - , . - - - - . -     -   , - ~ , - - - - .               ,c  - - - - , ,          , , , , ,     ,,     , - - . . , , , - - - - - - + - - - - - - - - - . . -

6

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tj L/' Nuclear Regulatory Research Programs - Ccntinued conditions. Samples and components taken from the Shippingport Nuclear Power Plant at Shippingport, Pennsylvania, during de-commissioning will be examined. The embrittlement of steel from the decommissioned German KRB-A reactor vessel, which provides a good representation of material, operating temperature and irradiation conditions of U.S. reactors, will also be evaluated. Tne availability of the German reactor vessel material and the Shippingport materials and equipment combined provides a unique opportunity to check predicted deterioration of both materials and equipment during operation against actual deterioration. The equipment and materials selected will be based on their sa fety significance and their applicability to those in cur- - rently operating nuclear plants, and the results will there-fore contribute to regulatory decisions regarding the con-tinued safety of operating reactors. , in FY 1987 tests will be performed on naturally-aged equipment (i.e., removed from operating or decommissioned reactors) to determine how aging degradation effects performance of safety functions. A data base will be developed for independent evaluation by NRC to assess degradation processes to support extended operation including that beyond the current 40-year license. Safety systems will be monitored and the results evaluated to determine the impacts of aging degradation on accident initiation, safet/ support failure, and core melt probability. EFFECTS OF EARTHQUAKES ON OPERATING PLANTS Probabilistic risk studies of some U.S. nuclear power plants currently estimate that earthquakes are potentially significant causes of risk to the public from some power plants. Earth-quakes affect an entire plant and can potentially damage the weakest components wherever they may be located. Piping system ' designs for earthquakes have resulted in " stiff" piping systems that have increased the susceptibility to pipe failures under certain circumstances. Because of recent research data on earthquakes, new procedures for estimating the capacity of nuclear power plants to withstand earthquakes larger than their original design basis are being developed. These procedures will provide the basis for sound regulatory decisions without unnecessary modifications being required. These procedures must be validated by improved data bases from experience and experiments before they can be used with confidence. Large-scale complex experimental facilities at overseas locations in Germany and Japan are beinti used or pursued as part of international cooperative programs to vali-date these procedures. NRC pays only a small part of the total cost of these overseas experimental p rog rams. Additionally, NRC research is being conducted to determine the failure level 62

a V 7 Nuclear Regulatory Research Programs - Continued Q of concrete structures and such critical components as. electri-cal equipment and piping to supplement the existing data base that is being gathered in cooperation with the Electric Power Research Institute (EPRI). In FY 1987 development and demon-stretion of procedures to estimate seismic margins will be completed. Also, the gathering and evaluation of failure levels of equipment to supplement the existing data base will be completed. REACTOR PRESSURE VESSEL SAFETY Brittle failure of the pressure vessel, which could result in a core melt accident, must be prevented by ensuring adequate safety margins. Experimental research on the effects of temperature, stresses, irradiation and flaws on the primary system pressure boundary is necessary to confirm the current regulatory position that pressure vessels will not fail by brittle fracture during service or in the case of an accident. Results of experiments to be completed in FY 1987 on large-scale crack arrest tests will be combined with the results of pressurized thermal shock (PTS) tests to validate the existing regulations covering PTS. Other tests and analyses will also be completed in FY 1987 of irradiated specimens to validate p that the ASME Code Section XI reference fracture toughness

 ;Vj curve can confidently be used to predict the embrittlement increases in vessels for pressure-temperature limits and for PTS analysis.

ADEQUACY OF SAFETY EQUIPMENT UNDER ABNORMAL CONDITIONS Qualification tests which show that certain equipment will operate under normal conditions may be insufficient by them-selves to assure safety. Some safety equipment (e.g., valves, cables, radiation monitors) must remain in operation in the event of accidents or the occurrence of such severe natural phenomena as earthquakes, floods, tornadoes, and hurricanes - if the public is to be protected from radioactive releases from the plant. The standards used by industry to qua:ify equipment for these operating conditions need validation to confirm regulatory positions and identify improvement where needed. Research will continue to determine the adequacy of methods for the dynamic qualification of safety equipment and the environmental qualification of mechanical safety equipment and to develop modified methods as needed. in FY 1987 experiments will be completed on containment isciation valves that will be used to predict their leak behavior under postulated design basis and severe accident conditions. (" ) The containment building is the final barrier to the release of radioactive material to the environment after a severe accident. 63

l gs

       .)

t l Nuclear Regulatory Research Programs - Continued It is important that we know at what pressure and temperature the containment building will have unacceptable leakage. NRC experimental research is being conducted on a scale model con-crete containment building to validate calculational methods used to predict the structural and leak behavior of contain-ments under severe accident conditions . Separate experiments are also being conducted on containment penetrations such as airlocks, hatches, and valves to evaluate their leak behavior. This research supports the NRC severe a: cident policy. In FY 1987 experiments on a scale model concrete containment building will be completed. The results of these experiments will establish the technical basis for predicting the , structural and leak behavior of containment under severe accident conditions. PlPE CRACKING AND THE LEAK-BEFORE-BREAK PRINCIPLE There have been numerous instances of cracked piping in nuclear power plants. Piping in most operating nuclear plants was de-signed on the basis that a double-ended guillotine break is the major accident against which the plant must be protected , a conclusion that led to the installation of numerous pipe whip restraints. If the proper design basis for certain piping sys-tems is to assume that pipes will leak before breaking, what were believed to be conservative designs may actually have reduced, rather than enhanced safety. The restraints also reduce safety by interfering with accessibility for in-service inspection, making inspections more difficult and resulting in increased radiation exposure for workers performing inspections. In addition, possible errors in installing the massive re-straints could result in excessive stresses on piping systems not accounted for in their design. Changes in NRC regulations on piping, particularly regarding the acceptability and implementation of the leak-before-break posi-tion will be either completed or well under way by FY 1987. The research in FY 1987 will address such topics as dynamic loading (seismic effects and water hammer), high-energy pipe tests, and crack opening areas. Tests will be conducted in FY 1987 of ' large-diameter cold-leg pipes to validate and refine pipe fracture analysis methods used in the licensing process to provide a consistently conservative assessment of the load carrying capacity and eliminate the current discrepancy between measurements and predictions. Other testing (in cooperation with EPRI) to verify the adequacy of the industry code for safe lifetime design of nuclear piping systems, to determine the margins in the code, and to recommend changes to the code, as appropriate, will be nearing completion. Research on cracking in stainless steel pipes of boiling water reactors will focus on improved leak detection and inservice inspection and on verification of the safe life-time for crack repairs such as weld overlays. Completion of 64

I

                               's _/                                                                                      O r

Nuclear Regulatory Research Programs - Continued G ' field testing of improved leak detection systems in FY 1987 will be important to the use of the leak-before-break principle in regulation. By auditing industry test methods, improvements will be made and criteria developed for qualifying nondestructive examination personnel to improve the reliability of finding flaws and at the same time help eliminate needless and costly

                       " repairs" of uncracked pipes.                      The above research will con-tribute to confirming the technology based on the leak-before-break principle as a replacement for the double-ended guillotine break as the design basis for certain safety-related piping in nuclear power plants.                The implementation of such an action
  ,                    would permit the removal of pipe restraints and jet impinge-

, ment barriers thereuy enhancing the accessibility and inspect-ability of piping. l STEAM GENERATOR INSPECTION AND REPAIR Steam generator tubes can be damaged and cracked during ser-vice by corrosion and by stresses from vibration, cleaning and

other effects, and a fix for one problem, e.g., tube denting, sometimes causes a different problem, e.g., tube thinning.

Because these mechanisms can affect many tubes in the - steam generator, multiple tube failures may result from an internal transient (e.g., pressure surge) or an external event (e.g.,

,                      earthquake) with the potential of discharging primary coolant i                through the steam relief valves located outside containment.

j lt is essential that damaged tubes be detected and evaluated for removal from service. Upon completion of the experimental work in FY 1986, the technical basis will be established in FY 1987 for upgrading the regulatory guide criteria for plugging tubes or allowing them to continue to operate, and for improved methods for tube inspection to ensure that unsafe tubes are not missed and allowed back in service. This research is jointly sponsored with the Electric Power Research Institute in the United States and with France, Italy, and Japan. i . i i 65

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@ clear Regulatory Research Programs - Continued THERMAL-HYDRAULIC TRANSIENTS PROGRAM FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $23,964 $21,457 $16,400 (Staff) (18) (16) (14) The Thermal Hydraulic Transients Program provides verified com- - puter codes to the NRC licensing staff for use in conducting safety evaluations of licensed nuclear plants for a wide range of possible transients and accidents such as small- and large-break

  • loss-of-cociant accidents, feedwater-line and steam-line breaks, and overcooling and undercooling transients. The NRC licensing staff uses verified computer codes to independently evaluate plant dedgns to ensure they are capable of safely responding to plant trans:er.ts. This is done to ensure that analyses performed by reactor vendors or utilities for licensing submittals are ac-curate and will result in operating procedures that will prevent serious accidents.

Successful operation of the emergency core coaling system (ECCS) mitigates the effects of loss-of-coolant accidents. Scenarios in which ECCS does not function as intended are investigated under the Accident Evaluaticn program described later in this document. Thermal-hydraulic codes are developed and verified using data from experiments conducted in integral and separate effects test facilities. The decrease in funding in this program is due to the termination of Semiscale experi-mental testing and deferring the Multi Loop Integral Systems Test (MIST) follow-on test program and the con-tinued development of the nuclear plant analyzer. INTEGRAL FACILITIES Since the Babcock and Wilcox nuclear plant design (such as TMI) , incorporates features which affect its safety performance in ways that are significantly different from other pressurized water reactors, separate experiments must be conducted. NRC is conducting a joint program with the industry to study small-break loss-of-coolant accidents, feedwater- and steam-line breaks, and overcooling and undercooling transients for Babcock & Wilcox type reactor plants. These accidents have been identified by operating experience and risk studies as requir-ing regulatory attention. The joint experimental program with industry will be p erformed in FY 1986 using the Multiloop Integral System Test (MIST) facility in Ohio. The June 9,1985, temporary loss of feedwater event at the Davis-Besse reactor, plant, raised which has a Babcock & Wilcox designed 66

O s V (q) Nuclear Regulatory Research Programs - Continued V important safety issues such as the effectiveness of B&W feed and bleed procedures to cool the plant after upset conditions. During FY 1987, data from the 1986 tests will be analyzed and interpreted to help provide regulatory answers for this and other anomalous transients in B&W-designed reactors. The NRC regulatory staff has requested a follow-cn program in MIST to provide additional safety information to help resolve operational problems being experienced at Babcock & Wilcox reactors. Funding is not available for such a program but some reprogramming may be possible. Domestic experimental programs studying . potentia! accidents in Combustion Engineering and Westinghou c type reactor plants will be completed with the completion of the Semiscale program in Idaho in FY 1986. Analysis of the Semiscale results will be completed in FY 87 and a report issued. With the termination over the past few years, including FY 1986, of the Loss of Fluid Test (LOFT), Semiscale, the General Electric boiling water reactor test facility and the B&W and Westinghouse pressurized water reactor test facilities, there will be no integral system test facilities in the United States. The Upper Plenum Test Facility (UPTF) in Germany and the Slab Core Test Facility (SCTF) in Japan, together with the NRC-sup-Q plied instruments and computer codes, will provide data to help resolve the thermal-hydraulic regulatory issues such as: the effectiveness of upper plenum injection in Westinghouse two loop plants, resolution of full scale ECC bypass concerns, and full scale data on flood / fluid mixing in the downcomer under pressurized thermal shock conditions. Construction of UPTF was completed in 1985; the experimental program will take , place in FY 1986 through FY 1988. A report on the Japanese experiments will be issued in FY 1987 typing the results to input needed for the NRC regulatory program.

 .          The Rig of Safety Assessment IV (ROSA-IV) program in Japan is studying small-break loss-of-coolant accidents, feedwater- and steam-line breaks, and~ overcooling and undercooling transients at a very large scale with the ability to confirm the large quantity of         safety test ' data from the smaller Semiscale Facility. The ROSA-IV experimental program began in FY 1985 and will continue until FY 1988.                   NRC's support to these pro-grams is in the form of instrumentation, computer codes, and analyses. The resulting test data will be used by NRC to assess the capability of its own computer codes as well as those of industry to simulate the design basis transients.

SEPARATE EFFECTS Separate effects experiments supply data in areas where a better understanding is still required to reduce uncertainties in safety G7

      ,                                                                  p

( I ( )

      ~J                                                                Q Nuclear Regulatory Research Programs - Continued phenomena and to maintain and improve thermal-hydraulic exper-tise for use in responding to accidents.                Much of the work is currently being done at universities, including steam generator heat transfer at MIT,             Babcock & Wilcox simulation at the University of Maryland, boron mixing at Purdue University, and core heat transfer at Lehigh University. Computational models will be derived from the results of these research efforts     and      will be incorporated          into      the    NRC       safety anal / sis codes in FY 1987.

TRANSIENT MODELS AND CODES Experimental data are used to verify the computer codes and to improve the modeling of thermal-hydraulic phenomena. The prin- , cipal codes developed by the NRC are TRAC-PWR and RELAP5 for use by the NRC regulatory staff in the analysis of pressur-ized water reactor transients, and TRAC-BWR and RAMONA for the analysis of boiling water reactor transients. Major development of the codes is generally complete. Efforts are continuing in the areas of code maintenance, code assessment and, error corrections. The Nuclea:- Plant Analyzer (NPA) allows NRC licensing staff to perform direct hands-on analyses of regulatory / safety incidents. The NPA approach not only uses the capability of N R C's most complex and versatile computer codes that could heretofore be performed only by Department of Energy laboratory code experts but will also allow NRC to use dedicated mini-computers employing parallel processing techniques in the near future pending successful development. NRC followup and response to the June 1985 Davis-Besse acci-dent were considerably enhanced and speeded up through rapid analyses of potential consequences and mitigative actions performed on the prototype version of the NPA. Maintenance of NRC NPA capability developed in previous years would be continued in FY 1987. Because of funding limitiations, NRC plant is not able to continue development of advanced . analyzer techniques which would allow NRC to have a self contained minicomputer driven system at headquarters. Current inefficiences resit from the need to run from

  • l mainframe computers located at DOE national laboratories.

l This action also stops work on N R C's only plant analyzer capability for boiling water reactors. With the elimination l capability and the reduced re-of U.S. integral testing sources for code assessment an international code in assess-FY 1985 ment and application program was established and will continue for approxiinately five years. The NRC agreements with different countries in l has established exchange for I which the codes are provided to them in nuclear plant start-up test data not available to NRC from U.S. plants and data from their national test facilities in Italy, Sweden, UK, and Switzerland which is used by their analysts for assessment and applications of the codes. The results of evaluations of these assessment calculations, and l 68 l

       -            . .        -  . . - _ . . __ .  . . - - . . _ - - . .              _ . . - - . . . _ . . _ . . . - . - . . _ . . _ . - _ - ~ . _ _ - . ~ , .
i i

, Nuclear Regulatory Research Programs - Continued { review of DOE laboratory contractor code evaluations, will form the basis for any code improvements to be performed in future code - versions. This will provide for a broadly supported

technical basis for -any code improvements in future years.

} Code improvements to N R C's two major thermal hydraulic i safety analysis codes, TRAC .and RELAP, resulting from l these assessments will be 'made during FY 1987 and the ,

                                 ~ documentation issued.

1 i i 4 9 1 J h i i 1 , l  ! I ! i i I 69

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( l l ) L/ G' Nuclear Regulatory Research Programs - Continued ACCIDENT EVALL' ATION PROGR AM O FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $39,965 $29,900 $19,000 (Staff) (27) (23) (19)

                                                                        *I The FY 1986 and FY 1987 Accident Evaluation Research Program                )

is required to complete the technical basis for the closure of severe-accident issues, in particuler, the radioactive source l term, in accordance with the provisions of the Commission's Se- *I vere Accident Policy Statement. The ability to predict how ra-dioactive materials are transported and released during postu-lated reactor accidents lies at the very heart of the regu-latory process. The need for and extent of protection of the public from undue risk are measured by careful assessment of possible accidents and the releases of radioactive materials from such accidents. Closure of this issue requires the sys-tematic reevaluation of NRC regulations based on the new source-term data. Some of the regulations that must be re-evaluated include those providing requirements for contain-ment performance, environmental equipment qualification, fission-product attenuation systems, emergency planning, and siting. Closure of this issue also requires the systematic safety evaluation of operating plants and the determination of criteria for future plants. The research consists of an integrated program of both in-reactor and laboratory experi-ments and the development and validation of accident-analysis models and codes. This prog ram has attracted significant financial support from foreign program partners to share program costs. , The recent NRC program to provide current snapshot reassess-ment of the accident source term based on the best research information then available, has provided a technical basis for . determining the values of the source term for different nuclear plants and for different accident sequences as well as a preliminary basis for determining the uncertainties in the source term , it was argued after the TMI-2 accident that the low fission product release to containment in that accident showed that the source terms currently required by NRC's regulations were too large. The source term reassessment, done for only two plants thus far, gave a reduction in the calculated source term for some but not all plants and accident sequences, but also showed that the uncertainties remained large. An independent asser.sment of this work by the American Physical Society (APS) generally endorsed the technical approach , but stated that completion of the research currently planned in the FY 1986 and 70

0 V O Nuclear Regulatory Research Programs - Continued FY 1987 Accident Evaluation program was important to improve

the data base and reduce uncertainty for the accident-analysis j codes and to reduce the current large uncertainties in severe-accident phenomenology. The decrease in funding in this pro-gram is the result of terminating Annular Core Research Reactor fission product experiments, fission product and

. containment aerosol experiments, separate effects testing in support of core melt codes and core melt aerosol release tests. SEVERE-ACCIDENT ANALYSIS In FY 1987 dominant severe accident sequences that have been identified from probabilistic ris k assessments will be examined

  ,         for selected operating plants. These analyses will utilize input from cooperating utilities to ensure realistic and accurate representations of the plants.                           This work will provide informa-tion about the effects of timing and the mode of containment failure on severe accident consequences.                                                     Societal effects will be evaluated.                         Computer codes and analysis techniques developed under this research give NRC a unique ability to find accident sequences that are likely to result in core damage and an ability to evaluate vendor-proposed mitigating actions for their success potential. During FY 1987, the high risk sequences which have t

p) U been identified by NRC and industry risk evaluations of seismic events, internal floods or fires , and adverse operator actions will be used as the starting point for severe accident analyses to explore actual plant response to these events and the possi-bility of operator actions which could reduce, mitigate or stop release of radioactive products to the public. DAMAGED FUEL The work on damaged fuel is beginning to provide characteriza-

  .          tion of the reactor core during core-melt progression as input for determining the core hydrogen generation, fission-product release and behavior, and the core-melt threat to the contain-ment integrity. In FY 1986, this work includes small tests in the Annular Core Research Reactor (ACRR) in New Mexico on melt progression                         to fuel-melt temperatures and                                studies of hydrogen generation in the dominant severe accident sequences.

Analysis of the data from these experiments and the applica-tion of the new knowledge to regulation will continue in FY 1987. A f uil-length coolant boildown, severe fuel damage test under BWR conditions will be performed in the Canadian NRU test reactor in FY 1986 to provide needed data on hydro-gen generation in BWR severe accidents. This data will be analyzed and reported in FY 1987. The four Power Burst 1 Facility severe fuel damage experiments were completed in FY 1985. Post test examination, analysis, and evalua-tion of the data obtained from this test series will be completed in FY 1987. Validation of the melt progression (MELPROG) code and the severe core damage analysis package (SCDAP) code is required for use in severe fuel damage 71

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Nuclear Regulatory Research Programs - Continued source term assessment and for benchmarking simplified severe accident safety analysis codes such as the new MELCOR code. MELCOR in turn will be used for future severe accident analyses and specifically to calculate source terms . This validation uses results of German and NRC laboratory work, along with results of the DOE examination of the TMi-2 core and the EPRI tests in the TREAT test reactor in Idaho. CONTAINMENT LOADING . Research on the effects of the damaged core on containment load-ing will be used to provide the technical basis for closure of issues related to containment performance under severe , accident conditions. Probabilistic risk assessment has shown that the public health consequences of accident sequences with early containment failure are a major factor. By contrast, a delayed containment failure is expected to greatly reduce the impact on public health. It is important that the current containment performance criteria be revised to reflect recent research results so that current regulatory practice will reflect our current knowledge of accident phenomena. Uncertainty in the timing and magnitude of key containment load phenomena that, in turn, lead to uncertainties in evaluating containment performance will be resolved as experiments are completed. In FY 1987 the experimental program on key phenomena that govern containment loading in severe accidents will be nearly completed. This work includes core / concrete interactions, fission-product release from the reactor cavity, energy transfer to the containment atmosphere, and the natural processes that result in fission-product retention in containment. Analysis of the data from these experiments and the application of the new knowledge to regulation will continue in FY 1988. FlSSION-PRODUCT BEHAVIOR Additional fission-product research is needed to reduce uncer-

  • tainties found to be unacceptable by the American Physical Society for the NRC source term reevaluation and severe accident policy. A detailed uncertainty analysis of the source term implied by selected accident sequences is being performed in FY 1986. These uncertainties involve the release and transport of actinides and lanthanides and other nonvolatile elements and fis-sion product chemistry at high temperature and pretsure. The program in FY 1986 includes completion of separate-effect experi-ments on fission-product and aerosol release and transport, both in the laboratory and under in-core severe accident conditions in the Annular Core Research Reactor. Analysis and reporting of these tests will be performed in FY 1987 and FY 1988. Addi-tional testing in the Annular Core Research Reactor is needed to explore differences between fission product 72
      ._=. - . . - - - . -.. - - . - - . _ . _ . .                  - . . _ - _ _       ____ -__        - _ _ -   - . - -.           . . . . .              .. .
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I g l i Nuclear Regulatory Research Programs - Continued , 1 1 releases observed in prior in-pile tests, however, resource ' j - constraints will not allow these tests. . Confirmatory integral l (multi-effect) validation tests with full-length test fuel

 !                                               bundles to determine fission product release and hydrogen
generation rates will be performed in the Canadian NRU test reactor. Analysis of the data from these experiments i and the application of the new knowledge to regulation 'will i continue in FY 1988. Important complementary data will be j available from Electric Power Research Institute experiments.
 .i                                              These results will be used to verify the current source-term

] . computer codes. 1 I i i i l l j i n 4 l l i i I 9 i i. l 1 1-3 1 i . > 1 I i 73

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l Nuclear Regulatory Research Programs - Continued l REACTOR OPERATIONS AND RISK PROGRAM I 1 FY 1985 FY 1986 FY 1987 Actual Estimate Estimate I Funds $16,610 $15,225 $11,800 (Staff) (55) (51) (41) The Commission is presently faced with major decisions on the

  • need to impose additional safety requirements on the licensed nuclear power plants in order to ensure that the risk to the public is maintained at acceptable levels. These decisions could potentially involve the large expenditures of funds by the ,

nuclear industry. Clearly, decisions of this importance must be based on analysis of the best information available on the cur-rent levels of plant safety and on the costs and effectiveness of remedial risk-reduction measures. Consequently, quantitative assessments of the probabilities and consequences of reactor accidents have become an essential element in the Commission's decisionmaking process , as evidenced by the issuance of its policy on severe accidents and its work toward adoption of a quantitative safety goal. This work includes research in the areas of reliability and risk methodology, data and uncertain-ties, regulatory and inspection applications and severe accident risk. Each of these areas is discussed later in this section. Significant advances have been made in the development of probabilistic risk assessment (PRA) techniques in the last decade. However, additional research is still needed to make estimates of reactor risk more reliable. The recently com-pleted American Physical Society review of research on the releases of radioactivity in a severe reactor accident identified several areas in which additional research effort was needed before revised risk estimates could be confidently . factored into the regulatory program. Recent events, includ-ing serious occurrences at the Salem, Davis-Besse, and Browns Ferry nuclear generating stations, provide additional support for the need to conduct systematic appraisals of the reliabil- - ity of safety systems and the current level of plant risk and to bring to closure the outstanding unresolved and generic safety issues. Examples of such issues include systems interac-tion in nuclear power plants and shutdown of decay heat removal requirements. For these reasons, the FY 1985 and FY 1986 risk assessment programs have been directed to the preparation of an integrated reactor risk assessment report that would assemble and interpret the most recent information on accident frequencies and risk during severe reactor accidents for six reference plants. A methodology will be adopted by NRR, drawing heavily upon pro-posals developed by IDCOR and insights gained from the RES 74

(O) v iN

                         ' Nuclear Regulatory Research Programs - Continued

( \ risk assessment prog rams, to extrapolate risk insights gained (/ through this study to the approximately 100 licensed (operat-ing and near-term operating) reactors. In FY 1987 resources will be directed to closure of the severe accident issue and to make available- important risk-based information to the licensing and inspection staffs. As a result, work will be deferred on several outstanding reactor safety issues in safeguards and transportation regulations, and for better methods to assess the risk of external events and common cause failures (e.g., fires) in operating reactors. The decrease in funding in the program is the result of

 .                        terminating work on accident consequence codes and safe-guards       and         reducing                 regulatory     analysis              activities including work on component uncertainties and                                        the    Risk Information Management System.

RELI ABILITY AND RISK METHODOLOGY One shortcoming of probabilistic risk assessment is that current methods do not have the capability to adequately evaluate the risk contribution of many important accident initiators such as external events (earthquakes, floods) or c.ommon cause and dependent failures (fires, human error). Recent probabilistic

    ,. m                  risk assessments have concluded that these factors could be major b)

( contributors to plant ris k, but with large uncertainties. improvement in the ability to analyse such contributors would significantly improve the Commission's ability to make severe accident decisions. To provide a more complete plant risk profile for Commission decisionmaking, methods for including such initiators in risk assessments are being developed and will be tested during FY 1986. This research is being conducted in a cooperative program with Commonwealth Edison Company at Commonwealth's LaSalle Unit 2 station. This program will pro-duce improved methods for conducting more comprehensive PRAs which will be made available to NRC staff and industry in FY 1987. These methods will provide NRC with an enhanced capability to fully evaluate licensee responses to the Severe Accident Policy, to resolve outstanding safety

 .                        Issues, and to revise the reactor design criteria. Follow-ing publication of these methods, work in the area of methods development is expected to be at a much reduced level, focusing on any remaining deficiencies in methods and on the resolution of specific unresolved and generic safety issues,                                                                                                    l DATA AND UNCERTAINTIES in addition to research to improve risk methods, there is a cor-responding need to collect and analyze data on the performance and failure rate of plant systems and components.                            This activity                        ;

can help to ensure that the results of reactor risk assessments l 75 l l

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Nuclear Regulatory Research Programs - Continued are as accurate and reliable as possible and can identify inci-pient safety problems in operating plants thereby avoiding events that might pose a risk to public health such as those that occurred recently at the Davis-Besse and Salem stations. Data acquisition and retrieval methods developed by the research program have reached the point at which they can be transferred to NRC's Office for Analysis and Evaluation of Operational Data. Additional research in this area in FY 1987 will be directed toward identifying the root causes of plant system and component failures. Examples of such root causes are improper maintenance or installation and human error. The data obtained in these , programs will immediately be used by NRC's inspection and licen-sing staff to evaluate technical specifications for equipment performance, allowed outage times, and surveillance and mainte-nance intervals. By the end of FY 1987, RES will have com- , pleted the development of models and techniques that will pro-vide an analytic basis for revising plant technical specifications. REGULATORY AND INSPECTION APPLICATIONS The application of PRA techniques to major safety issues facing the Commission has, in many cases, provided a powerful tool for ensuring that Commission actions are cost effective in reducing the risk to the public. Specific PRA results have recently been used to support closure of several unresolved safety issues such as Anticipated Tran-sients Without Scram (ATWS), Station Blackout, Decay Heat Removal, and Pressurized Thermal Shock. During FY 1987 and beyond, research will continue to support the resolution of outstanding safety issues such as Generic issue B-61 (Allowable ECCS Equipment Outage Times) and any additional safety issues as they are identified. . Based on research conducted in FY 1985 and FY 1986, using the probabilistic risk assessment of the Arkansas-1 nuclear power station development of an integrated, computer-based risk ' and information management system for use by regional headquarters staff will continue in FY 1987. This system will provide IE and NRR Headquarters and regional staff with them in conducting their risk-based information to assist It will inspection and licensing activities more effectively. also provide inspect <.rs with real-time data on plant status and the impact of equipment outages on risk and thus will provide a more effective method for evaluating limiting conditions of operation, in addition, the system can be used by the NRC staff to identify and assess procedural changes and modest equipment may be effective in reducing risk. In modifications that FY 1987, the merits of an integrated system to extend the 76

f) ( U O Nuclear Regulatory Research Programs - Continued

      / modeling data base to the 100 operating and near-term plants will be assessed.

It has also become clear that, as plants age, comprehensive reliability assurance programs must be developed and implemented by licensees in order to maintain plant safety at acceptable levels and thereby prevent plants from becoming risk outliers, in FY 1986, RES will complete its current research involving trial applications at several nuclear power plants. Based on the re-suits obtained, RES will make recommendations for implementing, in FY 1987, a full scale demonstration at one plant and will

  . continue to develop an independent NRC capability to assess licensees' reliability assurance programs. This capability will be increasingly used in the future to identify incipient safety problems, maintain plant safety, and evaluate the safety impacts
  =

of proposed temporary or permanent changes in regulatory requirements for operating nuclear power plants. SEVERE ACCIDENT RISK RES has directed its FY 1985 and FY 1986 severe accident risk assessment programs to the preparation of an integrated reactor risk assessment report, N U R EG-1150, that would assemble and , interpret the most recent information on accident frequencies and [3 fission product behavior during severe reactor accidents. This i i Q} report, scheduled for completion in FY 1986, will provide, for public comment, a risk perspective on six reference reactor j plants representing the major containment types. These plants

were selected as being typical of the approximately 100 licensed and near-term reactors. When completed, these risk perspectives i- will be used as a basis for developing methodology to apply risk-based techniques to plants without PRAs as part of NRR's implementation of severe accident policy and to assess the risk importance of existing and proposed regulatory requirements. For example, it will be used to reassess the NRC's emergency plan-

~; ning and siting regulations. The plant modeling and data de-veloped will also be used in FY 1987 and beyond to develop user-friendly, interactive computer models that will facili-tate the use of this information in analysis of generic and plant-specific regulatory requirements and evaluation of operating events. l MANAGEMENT OF RULEMAKING The management of agency rulemaking requires all ongoing agency rulemaking to be independently reviewed by the Office of Nuclear Regulatory Research to ensure that:

1. NRC rulemaking resources are focused on issues important to public safety and common defense and security, 77 l
    .-                                                 ,n              l I

Q)! Qj Nuclear Regulatory Research Programs - Continued

2. All ongoing rulemakings are coordinated and consistent with agency policy,
3. Necessary rulemakings are properly developed and docu-mented and are completed in a timely manner, and
4. Unnecessary rulemakings are weeded out before substantial staff time and resources are spent on them.

Initial efforts have been focused on purging ongoing rulemakings of marginal safety significance from the NRC Regulatory Agenda. Over 80 rulemakings have been independently revie ved to date; - and, as a result,16 rulemakings have been terminated. In addition during FY 1987 RES will continuing its program to ' reevaluate the effectiveness of existing regulatory requirements utilizing probabilistic risk assessment techniques as one tool in the evaluation. The objective of this continuing program is to identify those requirements that are clearly not effective in enhancing public health and safety and should therefore be re-vised or withdrawn. Such a program would permit limited agency resources to be focused more on matters of highest safety significance. In FY 1985, this program provided a general screening of 10 CFR Part 50 (Domestic licensing of production and utilization facilities) which identified candidate regula-tory requirements which appeared to have marginal importance to risk. In FY 1986 and FY 1987 more detailed analyses will be performed on approximately ten regulatory requirements which may support possible future regulatory actions. 9 O 78

I

,                 Nuclear Regulatory Research Programs - Continued i

k I WASTE MANAGEMENT, EARTH SCIENCES AND HEALTH PROGRAM FY 1985 FY 1986 FY 1987 Actual Estimate Estimate

 ,                             Funds              $13,626               $12,410      $11,740 j                               (Staff)                    (49)                (42)      (35) 2
This decision unit includes the NRC research and standards development work done in the areas of high-level and low-level radioactive waste management, the earth sciences, i radiation protection, and radiation health effects. The - work on high-level waste (HLW) contributes to the technical basis
for regulations and licensing decisions to enable the NRC to evaluate DOE submittals and ultimately license HLW disposal
,                facilities. Similarly, the work on low-level waste (LLW) is                                      ,

2 developing corresponding information for LLW facilities cover- l

;                ing conventional and alternative disposal methods to facilitate
~

licensing by Agreement States as well as the NRC. Work in the earth sciences is primarily aimed at improving the NRC's under-standing of the likelihood and extent of serious damage to nuclear power plants from natural causes (earthquakes, torna-i does, floods). The objectives of the work on radiation pro-tection and health effects are to improve protection for workers against radiation exposure, to better understand the effects of radiation on humans, and to improve radiation i measurements and control methods. 9 i j HIGH-LEVEL WASTE

!'               in response to the Nuclear Waste Policy Act of 1982, the NRC is                                  !

developing the capability for evaluating independently and on a , continuing basis the adequacy of programs and information being 1

       .         developed by the Department of Energy for the licensed disposal of high-level waste in geologic repositories. The NRC HLW research and standards development program has contributed to i                 the techn! cal basis for this independent evaluation consistent                                  ;

with the milestones for repository development set forth in  ! DOE's draft project decision schedule. If these schedules are { to be met for this first-of-a-kind undertaking, it is essential , that the NRC have a competent methodology for evaluating the

adequacy of DOE submissions as DOE proceeds to develop its l plans and conducts its activities related to site screening, selection, and characterization and facility design. Specific-j ally, NRC's HLW research is providing on going support to NRC's L prelicensing consultation with the DOE in order to provide j timely guidance to DOE on technical points and issues to be I

, 79 1

( ) ( ) v ss Nuclear Regulatory Research Programs - Continued addressed during site characterization, and is developing information specific to N R C's review cf DOE's site characteri-zation plans. At present, the technical basis for NRC's HLW management review capability contains large uncertainties due to the lack of any previous experience with HLW disposal and the very long periods of time involved. In FY 1987, uncertainties will be reduced in selected areas for repositories in tuff and salt through a pro-gram of selective experimentation and testing of performance as-sessment models for the various components of a HLW repository. RES will also continue the research needed to support the . day-to-day activities of the licensing office by identifying critical regulatory issues and helping to ensure that technical problems associated with these issues are understood sufficiently to support licensing decisions. - More specifically, FY 1987 efforts will address waste package performance, performance of key features of an underground fa-cility in tuff and salt such as borehole and shaft seats and performance of backfill and packing materials, the groundwater hydrology in and around the repository, radionuclide transport, and performance assessment methodologies. LOW-LEVEL WASTE NRC LLW research and standards development is directed at sup-porting the NRC licensing staff and the States in the regulation of low-level waste disposal. Safety evaluation of engineered enhancements and alternatives to presently used shallow land burial for storage or disposal of LLW will be an important feature of both NRC and State activities in FY 1987. NRC LLW research is critical to establishing a sound technical basis for regulation of and advice to the States on all aspects of LLW disposal, including engineered enhancement and alternatives to - shallow land burial. This research effort will maintain both a national safety perspective and a uniform technical basis for efforts by the States to safely dispose of low-level waste. It will also provide the technical basis for implementing

  • requirements of the recent legislation amending the LLW Policy Act.

Specific efforts to be continued or planned for FY 1987 include research to provide information relative to site suitability, facility design, LLW waste form and packaging performance, the operational monitoring and postoperational care, and performance of low-level waste disposal facilities over long periods of time. A key element of the FY 1987 research will be obtaining validation of performance assessment models and computer p rograms . Such validation is needed to increase confidence in the management of LLW, to minimize the need to apply conservatisms in the regulation of LLW disposal to 80

                 /   N                                               f J'                                                 \

Nuclear Regulatory Research Programs - Continued l (,) compensate for uncertainties in the performance of various LLW disposal techniques, and to provide the technical bases against which to evaluate the performance of engineered enhancements or alternatives to conventional shallow land burial. This will allow licensors to give appropriate consideration for the presence of engineered systems, and to minimize licensing delays. MRTH SCIENCES Earth Sciences research and standards development encompasses . seismology, geology and geotechnical engineering, and the hazards that natural phenomena present to licensed facilities. During FY 1987, research will continue to better determine the seismic hazards (earthquake magnitude and occurrence intervals) for power plant sites and to predict the response of the site and the plant to earthquakes within the range of magnitudes appro-priate to the site, especially for the Central and Eastern United States. This prog ram is closely coordinated with and provides input to the seismic program evaluating reactor design requirements. For some of the older nuclear power plants, it is likely that reevaluation using present knowledge of geology and seismicity could lead to substantially increased values for seismic load s . Uncertainties in the data contribute to diffi- [m] ( ,/ culties in assessing whether the present seismic safety margins continue to provide adequate protection of the public health and safety. Therefore, the primary objective of the earth sciences research program is to obtain the improved understand-ing needed to reevaluate the ground accelerations used in establishing these safety margins and to revise Appendix A (Seismic and geological siting criteria for nuclear power plants) to 10 CFR Part 100 appropriately for plants in the Central and Eastern U.S. To accomplish this, the NRC has been funding the operation of seismographic networks in the Central and Eastern U.S. and re'ated geological and geophy-sical research in the seismically active locations. Research results defining Central and Eastern seismic hazards have been used in license reviews and will be needed to determine , whether seismic margin assessments of licensed plants are advisable.

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                                                    \.j Nuclear Regulatory Research Programs - Continued HEALTH EFFECTS AND RADI ATION PROTECTION This program is intended to provide technical information to NRR, IE and NMSS on the health effects of exposure to radiation and standards for public and occupational radiation protection.

During FY 1987 radiation protection efforts will include work towards the final version of the general revision of 10 CFR Part 20 (Standards for protection against radiation), guidance on acceptable ways of complying with this new radiation protec-tion regulation and the development of other radiation protec-tien standards needed by the agency and its licensees. 4 0 0 9 9 0 82

lh k Nuclear Regulatory Research Programs - Continued

,    v' MANAGEMENT DIRECTION AND SUPPORT FY 1985          FY 1986               FY 1987 Estimate         Estimate              Estimate Funds                          0             0               0 l                                              (Staff)            (24)             (22)                  (20)

The staffing requirements for this area consist of the Director's Office, administrative support staff, and the resource control and contract execution staff. The staff provides the Director of Nuclear Regulatory Research with assistance and support in the direction and evaluation of complex technical research projects and program plans, and coordinates, directs, and executes the business matters of the Office, including contractual agreements, budget formulation, fiscal management, personnel administration, long-range research planning, management information systems and travel assistance. Among the staff's most important func-tions are coordination with the licensing and regulatory groups I within NRC to identify their needs and to assure that the (q V research program is responsive to the maximum extent practic-able, and coordination with industry and foreign agencies to develop and execute multiparty agreements on safety research. 'I J 83

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Nuclear Regulatory Research Programs - Continued i i i i 1 I i This page intentionally left blank i [ O S O 84

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PROGRAM TECHNICAL SUPPORT

  \  I V        (Dollars are in thousands, except in text, where whole dollars are used; staff numbers are in full-time equivalents.)

Total FY 1987 estimated obligations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30,525 Total Funds and Staff FY 1985 FY 19861/ FY 1987 Actual Estimate Estimate Salaries and Benefits $ 18,910 $ 18,270 $ 17,250 Program Support 5,140 5,080 6,550 Administrative Support 5,656 5,860 5,720 Travel 1,049, 1,080 1,005 Total Obligations $ 30,755 $ 30,290 $ 30,525 (Staff) (365) (355) (330) Program Support Funds and Staff The Program Technical Support program provides direct technical support to agency programs. At headquarters this Program is supported by the Advisory Committee on Reactor Safeguards (ACRS), the Atomic Safety and Licens-t ing Board Panel ( ASLBP), the Atomic Safety and Licensing

 'C              Appeal Panel (ASLAP), the Office of International Programs e (OIP), and the Office for Analysis and Evaluation of Oper-ational Data ( A EOD). Technical support is provided at both headquarters and the regions by the Office of Inves-tigations (Ol), the Office of State Programs (SP) and the Office of the Executive Legal Director (ELD). The alloca-tion of program support funds and staff to each office follows with narrative describing the programs and their needs.

FY 1985 FY 19861/ FY 1987 Actual Estimate Estimate Funds Staff Funds Staff Funds Staff ACRS $ 285 54 $ 250 50 $ 320 42 ASLBP 608 51 822 48 820 38 ASLAP 3 16 10 15 10 14 01 0 38 0 44 0 44 ELD 74 102 60 96 60 91 OIP 53 29 10 27 50 25 SP 722 35 695 33 700 32 AEOD 3,395 40 3,233 42 4,590 44 TOTALS $5,140 365 $5,080 355 $6,550 330

  /]   1/ Estimates do not reflect the 4.3% reduction required the Balanced Budget and Emergency Deficit Control Act of 1985. The total NRC reduction is i"/      $17,974,000.

85

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Program Technical Support - Continued ADVISORY COMMITTEE ON REACTOR SAFEGUARDS FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 285 $ 250 $ 320 (Staff) (54) (50) (42) - The Advisory Committee on Reactor Safeguards ( ACRS), estab- , fished in 1957 by statute, advises the Commission on potential hazards of proposed or existing reactor facilities and the ade-quacy of proposed safety standards. Section 29 of the Atomic Energy Act of 1954 also requires that the ACRS advise the Commission with respect to the safety of operating reactors, and perform other duties as the Commission may request. Public Law 95-209 requires the ACRS to provide an annual report to the Congress on the NRC Safety Research Program. The ACRS reviews requests for preapplication site and standard plant approvals; applications for operating licenses for produc-tion and utilization facilities; amendments to operating licenses for power reactors, test reactors, spent fuel reprocessing plants and waste disposal facilities; and assists in matters related to nuclear facilities as outlined in a Memorandum of Understanding with the Department of Energy. The staffing changes reflect a reduced reactor licensing caseload. The ACRS also recommends and comments on proposed regulatory guides and standards being considered and/or promulgated as the basis for NRC regulatory activities. Since the implementation . of the Nuclear Waste Policy Act of 1982, the ACRS has been re-quested by the NRC to participate in the establishment of re-lated standards and licensing activities on the handling and disposal of radioactive waste, including the interim storage arrangements for this material. O 86

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Program Technical Support - Continued N.. ATOMIC SAFETY AND L! CENSING BOARD PANEL FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 608 $ 822 $ 820 (Staff) (51) (48) (38) The Atomic Safety and Licensing Board Panel ( ASLBP) is the

  • statutory adjudicatory office of the agency. Administrative Judges sitting alone and in three-member Boards conduct adjudicatory hearings pursuant to the Administrative Procedure Act, the Atomic Energy Act and the National Environmental Policy Act. Boards hear and decide issues granting, suspending, revoking or amending licenses to construct and operate nuclear power plants and other nuclear facilities. Hearings address matters such as health, safety, environment, and economic issues. Single Administrative Law Judges decide cases in en-forcement, civil penalties and antitrust. Currently the work-A load includes a decreasing caseload of applications by utili-ties for nuclear power plant operating licenses offset by an

(\s) increasing number of license amendments and other proceedings which the Commission may direct or the regulations of the agency may require. ATOMIC SAFETY AND LICENSING APPEAL PANEL FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 3 $ 10 $ 10 (Staff) (16) (15) (14) The Atomic Safety and Licensing Appeal Panel's three-member tri-bunals review decisions of administrative law judges and the Atomic Safety and Licensing Boards rendered in (1) proceedings on applications under 10 CFR Part 50; and (2) such other licens-ing proceedings as the Commission may specify. In discharging

  /]

( ,/ this review function, the Panel is governed by the applicable provisions of the Administrative Procedure Act and the agency's 87

  /,       s                                                             /    i
           )                                                             \

_/ (j Program Technical Support - Continued Rules of Practice. The staffing changes reflect a reduced reactor licensing caseload. OFFICE OF INVESTIGATIONS FY 1985 FY 1986 FY 1987 Actual Estimate Estimat_e Funds $ 0 $ 0 $ 0 (Staff) (38) (44) (44) The Office of Investigations is an independent office which con-ducts and supervises agency investigations of all allegations of wrongdoing by other than NRC employees and contractors, in-cluding reactor licensees, fuel cycle licensees, and materials safety and safeguards and facilities licenaees. As operating licenses are issued and the number of applications decreases, the complexion of 01 cases is changing. The cases necessarily are becoming more complex because they relate to operating reactors rather than construction. Each case must be thoroughly and completely examined and subsequent findings must be evaluated and disseminated so as to assure prompt attention to safety concerns. All subsequent findings must be evaluated and disseminated so as to avoid undue delay to licensing acti-vities. Quality control standards are being developed, admi-nistered, and maintained to oversee the conduct of investi-gations. Staffing levels reflect the emphasis away from planning to operation. The Commission and appropriate agency offices are apprised of matters under investigation which may affect public health and safety or other aspects of the agency's mission. The Office of Investigations maintains , liaison with other agencies and organizations to ensure the timely exchange of information of mutual interest and makes appropriate referrals to the Department of Justice on criminal matters. . O 88

           . . - .. ..___. _ .         ______.____._m       _        _ _ _ _ . . . . _ . . _ _ _ _ . .              >_m    _ _ _ _ _ _ . _ - _ _ --

l i . l Program Technical Support - Continued ' i  ! i  ! OFFICE OF THE EXECtJTIVE LEGAL DIRECTOR l I l FY 1985 FY 1986 FY 1987 ! Actual Estimate Estimate ', Funds $ 74 $ 60 $ 60 (Staff) (102) (96) (91) i

    ~

i r The staff of the Office of the Executive Legal Director provides i legal advice and services to the Executive Director for Opera-i

  • tions and the offices which report to that official. They pro-i vide legal representation and legal advice to the NRC staff in i administrative proceedings involving the licensing of nuclear

] facilities and materials, enforcement actions, and rulemaking, , i Specifically, assistance is provided in the areas of health and j safety; environmental impact and antitrust aspects of licensing j and regulation; research programs; general agency administra-tion , including contracts, patents, personnel, security and '

labor regulations; safeguards and waste management programs; j i and the export / import licensing program. Staff levels reflect

.' a reduced reactor licensing caseload, t 4 f  ! i l i

  • j .

f 4 , d f 1 i s i,. . f 1  ! l 89 l

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f~ , I k , v v Program Technical Support - Continued O OFFICE OF INTERNA flONAL PROGRAMS FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 53 $ 10 $ 50 (Staff) (29) (27) (25)

                     =

The Office of International Programs was established to develop and direct a program of cooperation with foreign regulatory

  • agencies and to administer the Commission's responsibilities in the areas of nonproliferation, international safeguards and nuclear exports and imports. This Office provides informational support to the Commission and staff on international matters, maintains liaison with other agencies, and performs a key func-tion in facilitating the flow of nuclear health and safety re-lated information between the United States and forel0 n countries.

It also administers the Commission's export / import licensing procedures, assists in the development of improved international safeguards and physical security arrangements and participates in the on00ing implementation of the Commission's regulations in support of the U.S./Internat;onal Atomic Energy Agency (I AEA) safeguards agreement. _--.____...:-c._n---- - 0 0 0 90

p Program Technical Support - Continued OFFICE OF STATE PROGRAMS FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 722 $ 695 $ 700 (Staff) (35) (33) (32) The Office of State Programs manages a program of cooperation and liaison with States, local governments, Indian tribes and interstate organizations. The office coordinates regulatory issues with states concerning high-level waste (under the Nuclear Waste Policy Act), low-level waste (under the Low-Level Radioactive Waste Policy Act), and transportation of radioactive materials. it also administers N R C's program with 28 Agree-ment States, which in turn administer about 13,000 licenses involving the regulation of certain classes of radioactive mate-rials, including uranium milling and low-level radioactive waste disposal. o The office also administers the Price-Anderson Act, which pro-vides liability insurance and government indemnity for nuclear (V) accidents, and administers activities relating to nuclear prop-erty insurance, financing decommissioning, tracking state regula-tory incentives for nuclear plants, and monitoring of TMl-2 cleanup financing. It provides guidance, training and assistance to State and local governments in radiation control and coordi-nates with other NRC offices and agencies having State and interstate responsibilities. The Office also supports, along with States and other agencies, , the Conference of Radiation Control Program Directors, Inc. (an association of State Radiation Control Program Directors). G v 91

                                                                      ]

a w ,- Program Technical Support - Continued 9 OFFICE FOR ANALYSIS AND EVALUATION OF OPERATIONAL DATA FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 3,395 $ 3,233 $ 4,590 (Staff) (40) (42) (44) , The Office for Analysis and Evaluation of Operational Data col-

  • fects, analyzes, and disseminates information about operating experience from all agency licensed activities. This Office re-views operating experience to identify significant events or sit-uations that warrant detailed evaluation anc then studies those significant events or situations to determine the lessons of ex-perience and safety concerns that warrant regulatory attention.

Specific tasks and activities of the Office are the following:

  • Collect, screen, analyze, and feed back operating experi-ence to agency staff, the nuclear industry, and the public on all agency licensed activities.
  • Screen U.S. and foreign operational events for significance and systematically and independently analyze those events.

Analyze operational experience data to identify trends and patterns that indicate notential safety problems.

  • Make recommendations for agency action for resolution of safety issues detected through these activities. ,
  • Analyze all licensee event reports, recommend to the Com-mission which events constitute abnormal occurrence and document those occurrences on a quarterly basis to Con- .

gress and the public.

  • Maintain operational data storage and retrieval systems, including: (1) development and operation of several data bases of selected operational experience data, and (2) coor-dination with the institute of Nuclear Power Operations (a nuclear-industry-funded organization) which supports and manages the Nuclear Plant Reliability Data System.
  • Report appropriate 'U.S. events to the international Nuclear Energy Agency's incident reporting system.

92

( L Program Technical Support - Continued (

     \
  • Serve as contact point for data collection in relation to the agency staff, the Advisory Committee on Reactor Safe-guards, and industry groups.

Administer the incident investigation Program for signifi-cant operational events, including the development of agency guidance, personnel rosters, and training programs, and provide the necessary support to the incident Investi-gation Teams (llTs). The screening work requires the review of 3,000 reactor Licensec Event Reports per year, as well as the review of extensive docu-mentation of events involving foreign reactors, inspection re-ports, and U.S. industry reports. In the evaluation of non-reactor events associated with the use, transportation, safe-guarding and disposal of nuclear materials, about 6,000 reports are reviewed each year that are received from approximately 8,300 licensees. These reports involve operational events such as overexposures to radioactive materials, spills, or medical misadministrations. In addition, the reports of 8,000 Agreement State licensees are reported to the agency semiannually by the Agreement States. The improved data bases associated with this activity are now sizeable and collection mechanisms are in place. It is now in-cumbent on the NRC to analyze trends and patterns based on N these data. The lessons of operating experience often cannot be derived from viewing a single event; they must be developed by associating events. Through trends and patterns an evolving picture can be developed that con lead to appropriate corrective actions being identified and taken before the situation becomes a serious incident. It is toward this end that the data bases have been established. The analyses that are now possible to identify the trends and patterns and to integrate the risk per-spective into the analyses require the additional staff re-

   ,           quested. Staff increases in FY 1987 are to provide increased trends and patterns analyses and human factors analysis capability.

V 93

Program Technical Support - Continued O This page intentionally left 6:ank O 4 O' 94

    - - _ . - - , a.--~ - - --- . .aa,      --a a 4

4

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I PROGRAM DIRECTION AND ADMINISTRATION ,

I

!O

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

j-PROGRAM DIRECTION AND ADMINISTRATION i i (Dollars are in thousands, except in text, where whole dollars are i {: used; staff numbers are in full-time equivalents.) Total FY 1987 estimated obligations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $43,115 Program Total Funds and Staff FY 1985 FY 1986 1/ FY 1987

l. Actual Estimate Estimate
;                                        Sal 0 ries and Benefits                  $ 30,700      $ 29,800            $ 29,480
! '-                                     Program Support                              1,951             1,875           1,800
;                                        Administrative Support                      10,374            11,097          11,290            '

Travel 545 570 545 i Total Obligations. $ 43,570 $ 43,342 $ 43,115 (Staff) (729) (703) (681) i Program Support Funds and Staff I The Program Direction and Administration program collec-tively provides overall policy direction, resource manage-

'-                                       ment, administration and logistic support for the agency.                                       ,
The staff ' offices are the Commission (OCM), Secretary 4' (SECY), inspector and Auditor (OIA), General Counsel i
,                                        (OGC), Public Affairs (OPA), Policy Evaluation (OPE),

l Congressional Affairs (OCA), Executive Director for

Operations (EDO), Small and Disadvantaged Business Uti-
i. ~lization and Civil Rights (SBDU/CR), Resource Management
(RM), and Administration (ADM). The allocation of pro-gram support funds and staff to each office follows with narrative describing the programs and their needs.

I

FY 1985 FY 19861/ FY 1987 j ,

Actual Estimate Estimate Funds Staff Funds Staff Funds Staff . OCM $ 0 34 $ 40 36 $ 100 36 l -. . SECY 325 30 230 31 350 30 } OIA 0 27 0 26 0 26 i- OGC 6 29 22- 31 29 30

!                            OPA                                      11           17          10            18             10        17 .

4 OPE 0 18 25- 17 60 14 OCA 0 10 1 9 1 8 EDO O 23 50 21 50 20 , SDBU/CR 51 9 375 8 150 7 , RM 1,558 133 1,122 127 1,050 124 ! ADM 0 399 0 379 0 369

!                                                                                                                                         l TOTALS                         $1,951           729     $1,875            703        $1,800        681 i

O 3! Estimates do not reflect the 4.3% reduction required by the Balanced 4 Budget and Emergency Deficit Control Act of 1985. The total NRC reduc-i- tion is $17,974,000. < 95

i. j

( \ ('%.J l

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Program Direction and Administration - Continued THE COMMISSIONERS AND STAFF O FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 0 $ 40 $ 100 (Staff) (34) (36) (35) The Office of the Commissioners is the governing body which must exercise the overall NRC responsibilities. This body pro-vides fundamental policy guidance to assure taat the civilian use of nuclear energy is regulated in a manner consistent with - the public health and safety, environmental quality, national security and antitrust laws. OFFICE OF THE SECRETARY FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 325 $ 230 $ 350 (Staff) (50) (31) (30) The Office of the Secretary provides general management services to support the Commission and to implement Commission decisions; ' advises and assists the Commission and staff on the planning, scheduling and conduct of Commission business; prepares for and records Commission meetings; manages the Commission staff paper system and monitors the status of all items requiring action; , integrates automated data processing and office automation in-itiatives into the Commission's administrative system; maintains a forecast of matters for future Commission consideration; pro-cesses and controls Commission correspondence; maintains the Commission's official records; maintains the official Commis-sion adjudicatory and rulemaking dockets, and serves Commission issuances in all adjudicatory matters and public proceedings; administers the NRC historical program; and airects and administers agency's NRC Public Document Room. O 96

f m m

     'C           Program Direction and Administration - Continued Program support funds provide verbatim transcription services for Commission meetings.

OFFICE OF INSPECTOR AND AUDITOR FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 0 $ 0 $ 0 (Staff) (27) (26) (26) The Office of Inspector and Auditor functions as the agency inspector Gerieral, providing the Commission with an independent review and appraisal of programs and operations. The office is responsible for developing policies and standards that govern the financial and management audit program; planning, directing and executing the long-range, comprehensive audit program; conduct-ing and reporting on investigations and inspections, as neces-sary, to ascertain and verify the facts with regard to the in-Q tegrity of internal agency operations, employees, contractors, organization's programs and activities; and referring suspected

              . or alleged criminal violations concerning NRC employees or con-tractors to the Department of Justice.

it also administers the Commission's "open door" policy; serves as point of contact with the General Accounting Office (GAO); and maintains liaison with GAO and Government audit and law en-I forcement agencies. OFFICE OF GENERAL COUNSEL FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 6 $ 22 $ 29 (Staff) (29) (31) (30) s The Office of General Counsel is the Commission's chief legal advisor and provides legal advice on all issues considered by the s I 9 97

7s l \  ! \ s / w/ \v/ Program Direction and Administration - Continued Commission, including the discharge of its quasi-judicial respon-sibilities, rulemaking, and the development of substantive policy matters. The OGC staff represent the Commission in Courts of Appeal proceedings to review Commission orders and rules, and in cooperation with the Department of Justice, represent the Commission in court proceedings affecting the agency program in the Federal District Courts and Supreme Court. OGC's Federal Court litigation caseload has increased substantially and is expected to continue to increase. The office also provides legal advice on legislative matters of ^ concern to the agency, including drafting of legislation, preparation and review of testimony, and preparation and transmission of statements of views on proposed legislation.

                                                                          ~

Substantial resources are also being devoted to implementation of the Freedom of Information Act. In addition, the Commission has reserved for itself the determination whether Licensing Board decisions authorizing full power operation should be made immediately effective. Each of the immediate effectiveness re-views requires substantial effort, particularly in contested cases. The staff also provides legal advice to the Office of Investigations, including attorneys to participate in certain major field investigations. O OFFICE OF PUBLIC AFFAIRS FY 1985 FY 1986 FY 1987 5 Actual Estimate Estimate Funds $ 11 $ 10 $ 10 (Staff) (17) (18) (17) The Office of Public Affairs issues public announcements from both headquarters and the regional offices; responds to telephone inquiries from the news media and the public; and responds to letters from the media and the public, including the bulk of the NRC referrals from the White House. In addition, the staff arranges press conferences in the Washington area, as well as in the regions in the vicinity of nuclear facilities, and coordi-nates requests for Commission speakers before civic groups and other organizations interested in the role of the agency. O 98

l' Program Direction and Administration - Continued f [

    .t The office also assists the licensing boards, -the appeal boards and the Advisory Committee on Reactor Safeguards whenever hearings and meetings are held in which a high degree of public and press interest is evidenced; advises the Commission and senior staff on public affairs impacts of planned programs and 1-                              other activities; and advises and assists the Commission and the public on the conduct of public meetings and rulemaking hearings
. of broad general interest.
     ,                                                 s                                                                           --

OFFICE OF POLICY EVALUATION l FY 1985 FY 1986 FY 1987 Actual Estimate Estimate > 4 ) Funds $ 0 $ 25 $ 60 (Staff) (18) (17) (14) ! The Office of Policy Evaluation advises the Commission on a i broad range of -substantive policy matters to ' enhance the infor- , 4. mation base on which Commission decisions are made. The Office

                             .l provides the Commission. with an independent evaluation of program policy objectives; reviews staff papers; and provides independent technical evaluation of issues presented to the Com-i                               mission, including cases under adjudication.                                        Use of outside                         !
consultants is anticipated for the development of the Five l- Year Plan and other matters directed by the Commission.

i t t-

OFFICE OF CONGRESSIONAL AFFAIRS.

I. 1 i FY 1985 FY 1986 FY 1987 - Actual Estimate Estimate i i Funds '$ 0 $ 1 $ 1 !_ (Statt) (10) (9) (8) i [ The Office of Congressional Affairs assists and advises the , Commission . and senior staff on Congressional matters, coordi-I nates agency Congressional relations activities and is the { i h 99

(\ j) (

                                                                                                       'V
                                                                                                            )

Program Direction and Administration - Continued principal liaison for the Commission with Congressional commit-tees and members of Congress. The primary objective is to assure that the Congress, through its designated oversight committees, is kept fully and currently informed of agency activities and that Congressional requests and inquiries are responded to promptly. The Office provides the Commission and senior NRC staff with relevant and current information as to major legislative activities likely to affect the agency. Additionally, the office seeks to assure that indi-vidual members of Congress are kept currently and adequately , informed of significant NRC licensing activities that impact their respective states and districts. OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS FY 1985 FY 1986 FY 1987 Actual Estimate Estimate Funds $ 0 $ 50 $ 50 (Staff) (23) (21) (20) The Office of the Executive Director for Operations supervises and coordinates operational activities and policy development of both line and staff offices and implements the Commission's policy directives pertaining to these offices. O O 100

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

O Program Direction and Administration - Continued

     /

OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND CIVIL RIGHTS FY 1985 FY 1986 FY 1987 Actual Estimate Estimate t Funds $ 51 $ 375 $ 150 > ~ * (Staff) (9) (8) (7)

   .             The Office of Small and Disadvantaged Business Utilization /

Civil Rights- is responsible for implementing ano executing functions and duties under three (3) program author: ties: 3 Small and Disadvantaged Business Utilization Program - l P.L. 95-507, Section 8 and 15 of the Small Business Act of 1958, as amended. This function required: the location of small businesses capable of performing NRC contractual requirements; the . conduct of outreach efforts designed to stimulate greater small business interest in NRC programs; and the dissemination > O of information to small businesses interested in Agency con-tracting procedures. Civil Rights Program - Civil Rights Act of 1964, as amended, implemented by 29 CFR Part 1613 of the EEOC regulations. This function requires: obtaining and maintaining equal opportunity within the NRC; developing and preparing the Agency's Affirma- - tive Action Plan; advising and assisting in recruitment plans . and activities; providing counseling and investigations of discrimination complaints; providing EEO training for all Agency employees; coordinating activities associated with all Agency civil rights matters; interacting with community groups concerned with equal opportunity and human rights in the workplace; and implementing the Agency's Federal Financial Assistance Prog ram, under Section 174 of the Atomic Act of 1954, as amended. Federal Women's Program - This function aims to expand and enhance opportunities for. NRC women employees, and to reform policies and practices which serve as barriers; identifies underrepresentation and underutilization of women in the workforce, and recommend corrective action; participates in internal personnel management - evaluation and recruitment actions; and maintains communication between women's organ!zations and Agency management. U I 101

l Program Direction and Administration - Continued OFFICE OF RESOURCE MANAGEMENT FY 1985 FY 19E6 FY 1987 Actual Estimate. Estimate Funds $ 1,558 $ 1,122 $ 1,050 (Staff) (133) (177) (124) The Office of Resource Management provides budgetary and fiscal management for the agency, including the development and main-tenance of a financial control system and a system of account-ing designed to conform ~ to the standards prescribed by the . Comptroller General; management information and analyses for a variety of users within the agency; and is the office respon-sible for develeping and maintaining the agency's principal management information systems and centralizec automatic data and wordprocessing. It provides analyses to assess the relationship between program worklord and resource allocation; is the agency focal point for cost analyses; collects, reviews and issues various periodic and special reports on nuclear power plant data reported by licensees for use by agency offices, Congress, other parts of the government and the public at large; and manages and coordi-nates special projects, including Congressionally mandated reports, such as the agency's Annual Report. The Office has the following functions: BUDGET AND ANALYSIS This work consists of developing and maintaining policies and . procedures and performing the operations needed for formulating and obtaining approval for agency budgets; developing and ad-ministering agency authorization and appropriation funding leg- - islation, and presenting budget estimates and information to agency management, the Office of Management and Budget, and Congress; designing and developing systems and criteria for re-source planning; validating staff resource requirements (people and funds) and utilization; developing regulatory cost analyses; and maintaining liaison with the Office of Management and Budget and Congress. O 102

O O Program Direction and Administration - Continued ACCOUNTING AND FINANCE The agency's financial management responsibilities are carried out by developing and applying policies, principles, standards, and procedures for financial and cost accounting and report-ing systems; maintaining accounting and internal controls over agency appropriations; maintaining centralized payroll and travel accounting and reporting functions; maintaining central-ized governmental and commercial contractor accounting and reporting; developing and maintaining the agency's financial management information systems; maintaining liaison with the

   ,        General Accounting Office, the Treasury Department, and other agencies on financial procedures and related matters; and devel-oping policies, standards, and practices governing cost prin-ciples and other financial arrangements under agency contracts
   ..       and participating in contractor selections and negotiations.                                                    '

AUTOMATED INFORMATION SERVICES The agency's automated data and word processing functions, in-cluding the procurement of equipment and software, provide sup-port throughout the agency in developing automated systems, applications, policies and procedures, quality assurance and oversight responsibility. Management is also provided for [ ,' interagency and contractor computer time-sharing contracts and

     \      coordination of ' automatic da'ta processing activities with other Fedarai agencies.

OFFICE OF ADMINISTRATION

   ,                                        FY 1985        FY 1986               FY 1987 Actual       Estimate              Estimate Funds             $       0      $              0      $     0 (Staff)              (399)              (379)            (369)

The Office of Administration provides the administrative and logistical support services for headquarters and some services for the regional offices. The services provided to all segments of the agency include: administration of the NRC Personnel Management Program which includes recruitment and staffing, position classification and evaluation, labor relations, organi-zation and management analysis and managing the Cooperative p Education Program; contracting and purchasing activities for ( the agency; transportation and - travel services; agency tele-N communications services, including facsimile, radio, teletype, 103

( k v

           )                                            k v   )

Program Direction and Administration - Continued telephone, data transmission and the Emergency Notification System; space acquisition and utilization including planning for consolidation of space into fewer buildings; providing for the security of facilities and safeguarding of classified and sensitive unclassified documents; technical information manage-ment and document control services for the agency; administra-tion of the Freedom of information Act and Privacy Act activi-ties; and administration of a system of 112 local public docu-ment rooms throughout the United States. It also provides printing and reproduction services for the - agency; management of the headquarters administrative support , funds; administration of the Facilities and Materials License Fee Program; Management Development and Training Support; direc-tion of the Occupational Health and Safety Program; and other agency-wide services, such as interviewee and change-of-station , travel and the Agency's Alcohol and Drug Abuse Program. The Office has the following functions: ORGANIZATION AND PERSONNEL Programs for personnel management and organization activities, include staffing and placement services, recruitment, position classification and evaluation, persennel policy and program development, Federal labor relations and employee relations services, organization and staffing analyses, management analy-ses, and the agency's position management program; and pro-vides secretarial services, liaison, and support to the Execu-tive Resources Board and its subgroups. FACILITIES AND OPERATIONS SUPPORT This function develops and administers the agency telecommuni-cations activities; represents the agency in liaison with Federal - and State agencies on telecommunications matters; provides mail and messenger services; issues and processes travel authorization requests; develops and administers programs for space acquisition - and utilization, motor vehicle operation, building management, and transportation services; and develops and administers pro-grams for property management, supply and warehouse opera-tions, and office and equipment moves. TECHNICAL INFORMATION AND DOCUMENT CONTROL This function provides centralized agencywide publication control and processing, technical writing and editing service, and trans-lation service; publishes agency books, regulatory and technical reports, pamphlets and periodicals; provides direction and co-ordination for agencywide provision of document composition, 104

                    ,/ \                                                         /m l      \
                                                                                               \

4 f Program Direction and Administration - Continued t' T (' ' ~ ' ) printing, graphics, photography, and audiovisual ar.d related services; provides agencywide service for receipt, dissemination, storage and retrieval of agency publications; and provides for paperwork management under the Paperwork Reduction Act, the Federal Records Act, and related Federal statutes. It maintains centralized, official reactor licensing records, classified documents, and accountability records; acquires and maintains library collections to support official agency actions; and provides automated reports processing and prcofreading ser-vice agencywide, including, electronic communication with the . regional offices and contractors. RULES AND RECORDS This function develops policies, procedures and rules for imple-menting the Freedom of information Act, Privacy Act, and the Regulatory Flexibility Act; develops and revie.ws araendments to agency regulations and petitions for rulemaking; provides advice and assistance to offices and the public regarding regulations and procedures for filing petitions for rulemaking; and directs and coordinates Local Public Document Room activities near reactor sites throughout the United States. I O I V CONTRACTS This function develops and implements agencywide contracting and financial assistance policies and procedures; and directs and coordinates contracting and financial assistance activities, including selection, negotiation, administration and closecut of contracts. It provides advice and assistance to program officials on procurement regulations and requirements and methods of meeting program objectives consistent with such requirements; executes and modifies contracts, financial assistance relationships and interagency actions; settles claims and terminations; and performs other normal duties of a contracting office specified in the Federal Acquisition Regulatior.s. SECURITY This function administers the agency's overall security program, including the safeguarding of Restricted Data and National Security !nformation documents or materia! (e.g., classified matter) at Headquarters facilities, Regional Offices, contractor, licensee and other plants containing such matter; the safe-guarding of sensitive intelligence; and physical protection at NRC Headquarters, Regional Offices, and other agency locations; (A) and the processing and maintenance of access authorizations v (clearances) for agency employees, consultants, contractors, and others. 105

i s [ ,\

   \m ,- )                                            \yj  !

Program Direction and Administration - Continued LICENSE FEE MANAGEMENT This function administers the agency's license fee prog ram whereby applicants for licenses are assessed the cost of re-viewing and approving th e licenses; develops policies and pro-cedures for cost recovery and fees for Commission consideration; prepares fee regulations, fee schedules, and procedures; periodically reviews schedules for updating and modification; and, annually aralyzes agency licensing costs for determining fee bases. It also institutes enforcement procedures when appropriate to - assure fee paiments; and works with other Government agencier, to provide consistency in fee programs. MANAGEMENT DEVELOPMENT AND TRAINING This function plans and develops policies and programs for the training and development of agency executives and Senior Execu-tive Service candidates; provides management and supervisory training and development programs to improve managerial per-formance; administers the intern and Upward Mobility programs; and develops training and education programs in response to Commission, statutory, and interagency requirements. It also assists in identifying training needs and programs; develops and administers the agencywide training budget (ex-ciuding the Reactor Training Center programs); and provides career development counseling. OCCUPATIONAL SAFETY AND HEALTH This function administers the agencywide occupational health

  • and safety program to provide a safe working environment for employees and the public using agency facilities.

e 9 106

u-o -- .xa, u--- -a a a. --,,a m- am. - a m a m l 'l i i e 4 m l SPECIAL SUPPORTING TABLES l I I i 1 l . I

    =
\                                                                                                        l s

44 . g, u

I e t j LEGISLATIVE PROGRAM PROJECTIONS i  ! (Dollars in Millions) ,

Actual Ettimate FY 1985 FY 19861I FY 1987 FY 1988 FY 1989 FY 1990 FY 1991 I i NRC Total
Budget Authority $448 $418 $405 $405 $405 $405 $405 t

i Budget Outlays $468 $442 $418 $406 $405 $405 $405 3 l 1/ Estimates for FY 1986 through FY 1991 do not reflect the 4.3% reduction re-  ! e quired by the Balanced Budget and Emergency Deficit Control Act of 1985. The  ; l' total NRC reduction in FY 1986 is $17,974,000, i > ! i l i  ! 1 i i i i i i  ! a i i 4 . ;s ) i i.. j r (- 1 h i 4 l l 107 i I C.,_..___,_,__._____ ._ _ _ _ . _ . _ _ _ _

c t O c Consulting Services 1! Obligatiorts, Account Title Type FY 1985 FY 1986t' FY 1987 Nuclear Reactor Contractual Services $ 50 $ 50 $ 40 68 75 75 Regulation Personnel Appts. Advisory Committee Consultants 0 0 0 Total $118 $125 $115 Nuclear Material Contractual Services $ 0 $ 0 $ 0 45 45 45 Safety and Personnel Appts.

  • Safeguards Advisory Committee Consultants 29 33 33 Total $ 74 $ 78 $ 78 Inspection and Contractua' Services $ 0 $ 0 $ 0 Personnel Appts. 0 0 0 Enforcement Advisory Committee 0 0 0 Consultants Total $ 0 $ 0 $ 0 Nuclear Regulatory Contractual Services $ 0 $ 0 $ 0 Personnel Appts. 0 0 0 Research Advisory Committee Consultants 0 0 0 Total $ 0 $ 0 $ 0 Program Technical Contractual Services $ 0 $ 0 $ 0 Personnel Appts. 0 0 0 Support Advisory Committee 93 130 130 Consultants Total $ 93 $130 $130 Program Direction Contractual Services $ 0 $ 0 $ 0 and Administra- Personnel Appts. 100 100 100 tion Advisory Committee 0 0 0 Consultants Total $100 $100 $100 Contractual Services $ 50 $ 50 $ 40 ,

Total Nuclear 220 220 Regulatory Personnel Appts. 213 Commission Advisory Committee 122 163 163 Consultants Total $385 $433 $423 l 1/ Dollars are in thousands, except in text, where whole dollars are used. 2/ Estimates do not reflect the 4.3% reduction required by the Balanced Budget and Emergency Deficit Control Act of 1985. The total NRC reduction is

      $17,974,000.

108

m S

       )   Consulting Services - continued 1

MAJOR PROGRAM AREAS NUCLEAR REACTOR REGULATION Consulting services are used to obtain advice / opinions on highly complex and controversial areas on an intermittent basis to en-

  ,        hance the quality and diversity of views and to provide outside independent viewpoints that lend greater credibility and techni-cal support to agency licensing positions. Personnel appoint-ments provide engineering and scientific expertise not otherwise
 -         available to NRR.

4 NUCLEAR MATERI AL SAFETY & SAFEGUARDS Consulting services are used to provide (1) technical advice on fuel processing operations, including high-level waste solidifi-cation activities; (2) advice on review of critical technical data associated with repository site performance and evaluation; s and (3) assistance to staff in evaluating low-level waste gener-ation, processing and storage from the disposal perspective to ascertain long-term burial ground performance. Advisory Com-mittee expenses include the Advisory Committee on Medical Uses of isotopes which considers medical questions referred to it by NRC staff, renders expert ~ opinion regarding medical uses of radioisotopes, and advises on matters of policy. PROGRAM TECHNICAL SUPPORT Consulting services will be used to perform a feasibility study to determine the advisability of using an automated litigation support system to support the hearing process. Advisory Com-mittee consultants assist the membership of the Advisory Com-mittee on Reactor Safeguards (ACRS), established by statute in 1957. The ACRS advises the Commission on potential hazards of proposed or existing reactor facilities and prepares a re-port to Congress as required by Public Law 95-209 on the NRC Safety Research Prog ram. The consultants assist the Advisory Committee in conducting project reviews, OL reviews, generic reviews, and safety assessments. In addition, these consult-ants are required to assist the Committee on matters pertain-ing to high-level radioactive waste management. I v 109

f'N (' b Consulting Services - continued PROGRAM DIRECTION & ADMINISTRATION Personnel appointments provide the agency with advice and assistance (1) to the public concerning the retrieval and main-tenance of documents in the Local Public Document Rooms; (2) in evaluating current and proposed automated document contrel sys-tems , and in codes, standards, and reports collection; (3) on security clearance applications; and (4) to evaluate proposed revisions for security-related standards, procedures, rules, and regulations. O O 110

( ' U.S. NUCLEAR REGULATORY COMMISSION

SUMMARY

OF HEADQUARTERS-REGIONAL RESOURCES (Dollars are in thousands; staff numbers are in full-time equivalents.) FY 1985 Actual FY 1986 Estimate 1/FY 1987 Estimate Dollars (Staff) Dollars (Staff) Dollars (Staff) Headouarters Programs Nuclear Reactor Regulation $ 81,484 (633): $ 78,620 (638): $ 73,480 (589) Nuclear Material Safety  :  : and Safeguards 35,907 (300): 37,225 (315): 35,700 (305)

 ,    Inspection and Enforcement                36,615   (236):     36,734    (245):     36,306  (233)

Nuclear Regulatory Research 149,959 (226): 134,710 (207): 113,460 (180) Program Technical Support 29,604 (347): 29,170 (338): 29,385 (313) Program Direction and  :  : Administration 43,570 (729): 43,342 (703): 43,115 (681) Subtotal $377,139 (2,471): $359,801 (2,446): $331,446 (2,301) ! Regional Programs  :  :

                                                                                                        )

Nuclear Reactor Regulation $ 5,037 (78): $ 5,140 (78) $ 6,360 (94) Nuclear Material Safety and Safeguards 4,119 (62): 3,745 (55): 3,820 (55) Inspection and Enforcement 57,971 (869): 61,506 (895): 62,234 (902) Program Technical Support 1,151 (18): 1,120 (17): 1,140 (17) Subtotal $ 68,278 (1,027): $ 71,511 (1,045): $ 73,554 (1,068) l Total Programs  :  : l  :  : Nuclear Reactor Regulation $ 86,521 (711): $ 83,760 (716): $ 79,840 (683)

 -    Nuclear Material Safety                                  :                    :

and Safeguards 40,026 (362): 40,970 (370): 39,520 (360) Inspection and Enforcement 94,586 (1,105): 98,240 (1,140): 98,540(1,135) l Nuclear Regulatory Research 149,959 (226): 134,710 (207): 113,460 (180) l* Program Technical Support 30,755 (365): 30,290 (355): 30,525 (330) i Program Direction and  :  : Administration 43,570 (729): 43,342 (703): 43,115 (681) TOTAL $445,417 (3,498): $431,312 (3,491): $405,000 (3,369) t 1/ Estimates do not reflect the 4.3% reduction required by the Balanced l Budget and Emergency Deficit Control Act of 1985. The total NRC reduction is $17,974,000. 111

Nac,'Oa 33s _ u s Nuctas.a ssautaTOav couwss ON i ReruRrNuvata,4 ,,-,- _ . ,aa vo< No . .r .a e r E',*Js' BIBLIOGRAPHIC DATA SHEET NUREG-1100, Volume 2

        'N$f RUCTIONS ON THE pt VERSE
          .t AN0 5ce f sTtt                                                                               J LE AVE SL ANE Budget Estimates Fiscal Year 1987                                                                                                      A o Are Re Oa' cOvaaTeo 0%..                             Y.AR l
   , Au r -om ,5,                                                                                              January                                1986 6 D ATE REPORT #55 leo MONTM                              vtAH January                                1986 7 PER*ua%NG ORGANi2 AfiON NAME AND MA' LING AoORE55 r#4ctuarle Coori                                  5 PROJECT.T ASK WORE UNil NUM9tM Division of Budget and Analysis                                                                      . i~OeGRANr~e         ..e

. Office of Resource Management U.S. Nuclear Regulatory Commission Washington, DC 20555 la SPON50 RING OH0ANil A riON N AVE ANQ UAaLING AooME55 tiarduaelp Cooes its TYPE OF Rt>OMT , FY 1987 Congressional Budget Division of Budget and Analysis submission Office of Resource Management . ,s aiOo cOviaeo ,,- e U.S. Nuclear Regulatory Commission Washington, DC 20555 10/1/86 - 9/30/87 l) $UPPLtVE NT ARv NOTE $ iJ As!Th ACT #100 wores or esse is report contains the fiscal year budget justifications to Congress. The budget l imates for salaries and expenses for fiscal year 1987 provide for obligations of r05,000,000 to be funded in total by a new appropriation. N 14 OOLuvt NT AN ALv5 5 - e M E vwCROS OESCRiPTORS it Ava LAe L T v Unlimited

                                                                                                                                          '6 SECURITY CL A551F rCAf TON (Tn n oneet
   . ,0iNTi.e.Rs 0, N .No.o fiaws Unclassified
                                                                                                                                              ,r.,,,

Unclassified { l 1, Neo.tRO. Acis

                                                                                                                                           .. .R,e, 1

l 1 l 1

E O O g e !I. I

  • B h

O

s NRC Form 8-C (4-79) NRCM 0240 I COVER SHEET FOR CORRESPONDENCE Use this Cover Sheet to Protect Originals of Multi-Page Correspondence. l I l l l 4 t 1 1 I i l }

)

i i e 'd I 1 i l l 1

Y f f / h art N.k.8128-45 1987, and 1988, istent with the financis! Interrity of the uranium enrichment servloe activities program during a period of not less than 10 years. The amount of such yment shall met. adversely afect .the reliability of the su of uranium enrichment services at competitive pricas r esisting and potential custorners. Thd determinations under this paragraph. shall be made after notice and opportunity for public comment.

                                                  @ AsPAvasert oosta,--The Secretary of Energy shall seek to i

achieve the following repayment. amounts under subesetion (aX1h . .

      *                                                 (A) 8110,000,000 for fiscal year 1986; *

(B) $150,000,000 for fiscal year 1987; &nd C $150,('00,000 foe fiscalyear 1988. i (8) Scusout.a som arrsamwAttow.-The! Secretary of Ene~rgy. shall maske the determination required in pararra fiscal year before the President submits .to the:ph (1) for any. Congress the budget for such flacal year except that the Secretary may make; ' subsequent revisions in suc,h determmation. (4) Susanussow to cowomass.-- (A)In cananAI.-b Secretary of shallsubmit to the Congrees any determination made u ph (1), together with the reasons underlying such tion (B) Imrrsat. sumanswow.-The Secretary shall include in. the initial submission under this paragraph an estimate of the amount of prior investment in the uranium enrichment service activities program that remains unrecovered. sec.?ss3.1.1tANlt!M pa CHMMT REPORT.- Not later than 80 ddys after the date of the enactment of tids Act, the Secretary of Energy shall submit to the Committee en Ene'rgy i and Natural Resources of the Senate and the Committees on Energy and Commene and on Interior and lasular Affairs of the House of

      -          -                      Repsweentatives a report retarding the effects of the September 19, 1985, decision of the United ~ States District Court for the District of Colorade he                that the utility services uranium enrichment een :

tracts of the at of Energ Nuclear Inc. v. Clark Huffman,yCivil are No. null 84-C-2315) and void (WesternTo the extent that it. will not compromise the appeals prteens or the l competitive position of the Department of Energy with regard to i uranium ennchment, the Wyort shall identify-- (1)the effects of the decision on- . (A) the operation of the uranium enrichment facilities er - the Department of Energy;and i j (B) the revenues of the uranium enrichment program;. i and m how the response of the Department of Ene'rgy may miti . 4 j gate such effects. depel Subtitle GpNuclear Regulatory Commission i . im l Annual Charges !

                     , , , ,           SEC.70st.14JCLEAR RgCtTLATORY COMMtsmnN AW!*UAL CHARCES.
               ~tD/ W                     (a) Susanssion or Rapowr.-Within 90 days after the date of the enactroent of this Act, the Nuclear                    1 story Commission shall submit to the Committee on Energy and                    merce and the Commit-l l

I 6 l I '

D L'

  ?a;lylJ,,

WM H.R.3128--84 ,_./

                                                                                                                                                                                     )

tee on Interior and Insular Afratre of the House of Representatives-and the Committee on Environment and Put,lic Works of the Senate a report evaluating the feasibility and necessity-of establishing a-systera for the assessment and collectica of annual charges from

  • persons licensed by the Commission pursuant to the Atomic Energy Act of1954 (42 U.S.C. 2011 et seq.) to fund all or part of the activities

, conducted by the Commission pursuant to such Act. Such report shallinclude an analysis of- - (1) the eatent to which the Commission's existing statutory or regulatory authority to assess and. collect annual charges, including the authority of the Commission to assees and collect . fees pursuant to title V of the Independent Offices Appropria-tion Act of 1952,is adequate to enable the Commiulon to assess . i and collect fees commensurate with, the value of the benefit rendered:to the licensee and tha cost to the Commission of renderingsuch benent;; - (2) the amounta currently assessed .and collected by the . Commission pursuant to existing: statutory or regulatory - 4 authority, and the purposes for which such fees are assessed and . collected; and i ! (2) any recommendations of the Commision for expanding the existing statutory authority to assess and colleet fees, , including the Commission's. justification for such expansion. (b) Assessworr AND COM.ECrloN.= (Il IN GENEaAI.--U endar days.(exclud' pon any day the in expiration which either of aHouse periodofofCon-d5 cal. I grass is not in session ause of an adjournment of more than 8 - calendar days.to a day certain or, an adjournment sine dielf following ant.to subsection receipt(aby),the the Nuclear Congress Regulatory of theCommission report required shall. pursu. 4 asseus and. collect annual charges from ita licensees on a fiscal, year basis, except that-i (A) the maximum amount of the aggresste charges as. seemed. pursuant.to this paragraph in.any fiscal year may, - not exceed an amount that, :rheniedded to other amounto collected .by the Commissionifor such fiscal year under - other alons of law, la estimated to be equal to 33 r ef the soots locurred t the Cesanssion with ror spect to such Racal year; and . y~ iB) any such charge assessed pursuant to this paragraph shall.be reasonably related to the regulatory service pro- . vided by the Commiselon and shall fairly reflect the met to . the Commission of providing such. service. (2) EsrAnusnuorr or Assouwr av auta.-The' amount of the charges assessed pursuant to this paragraph phall be estab. lished byirule. . TITLE VHI . OUTER CONTINENTAI) SHELF ' AND RELATED PROGRAMS, sac. sees.suonrTrrtz This titleimay be referred to as the " Outer Continental. Shelf. f ande Act Amendments of1985.. ,

     - - - , . - - - . - . -       . , , . . . - - - - - - - - . - - , , - , - - - _                       . . . . - - _ _ - -               .=           , , _ . , - - _   ,-            av.-_,                - -- - , ,--3   -

J f aan UMTED STATES g

      ,        #g        'q,,
  ..'        8     3                            NUCLEAR REGULATORY COMMISSION                                         jj   -

1

 ,e                                                                              WWASHINGTON. D. C. 20665            e k'* *@'M"*                                                           March 21, 1986 u

Ad cu.--)- -- . MEMORANDUM FOR: Cha'iman Palladino Comissioner Roberts .. Comissioner Asselstine Comissioner Bernthal Comissioner Zech FROM: Carlton Kamerer, Dire Office of Congressio Af airs

SUBJECT:

HOUSEPASSESDEFICITdEDUCTIONAMENDMENTSOF1985 Last night, the House of Representatives concurred in Senate-passed amendments to H.R. 3128. The bill contains a requirement that the - NRC access user fees, when added to other fees, do not exceed 33 percent of the NRC's budget. Copies of the Statement of Managers on NRC Fees are attached. i The bill now goes to the President for signature. [ Attachments: , As stated . OPE SECY RM h i g n--- -- - - , - - - - - , - - - -

H 879

      ~ "Erch 6,1886                                  C[ GRESSIONAL RECORD-HOUSE 1                                                                                                                                            yene Assununs 0 1200      '             the E use's response. Inejindtng aan                      trudtet fir the curtsn' itsel af               r==%e. this changes to Mafscut, Medkald. tradt a mectM a ruult a W men of ad
   'l
  • Mr. QUILLEN. Mr. Speaker. I yie.ld acustment assastance. Superfed. aM 2 minutes to the gentlesnan from Ohio Outer Continental Shell oil programa. 8((M*8 , 8(*^ {0g,'g'D y8 j f Mr. Wnts!. i Mr. WYLIE. Mr. Speaker I tbarth While none of us may agree with > esr The cbser-s acesse<f perensnt to this l the gentleman for yleiding. .

every element of t.he recoachauon authonti snau tse ressoesu, related to the I I have asaed for this Ltnaces that I bill. the !Lnal prod. set deseeves our regulator > semee precided a> trie Cerama- [ i ten. ano f airl.s retheet true com to trie Com-mJsht trwue of the darttnguished support. It la my hope that 11 tius amend- re.oc of groudms saca semce Thts na m. ' chairman of the Budget Committee 5ith tefereme to the housang porucn ment u agreed to today, the other tended D> arethe carJe.reas wparate to estabt.sh and d.stanct from tite aComtrus-stand-of thu conference report. bod) sill move trupeditiously to ap s on s emetna authenty unoer the Inde-M) incutr> reall> goes to the lan. prose the final pacrase and the Pres,. P'"d""' OM' A8DPCP"*on Act of 195 2 guage that uould trad the Language dent s'ill algn the txil. ** "y. included in title !! of E R. 3128. Title in propostn6 the perwiing amend- 'g"[j[ee$',Q,N ,,g ,

             !! mas the title thich was devoted to ment. the Bouac has moved cons > der- 3 ung , 7,ots causurtes et Commmasten to houimg program.s under the Bank.ing ably tot ard toeetLng t.he emeerns and ceas,es. Ttus mastient. as not antanded.                                       i Comm6ttee s Jurisd2tien. and it ta rny objections of both the other body and homever, to autrusnee the Comunamnom to re-                                     ,

understandJng that this conference the White House. Sull, the fina.1 pack- coser any comu tr.at are not reasoonday re-report ortly includes four ite1ns, and age stil be a bill rnaintaining the lated to thethe reswatorynor Corr.trussion, servue proveed is et totended to by au-those sit sasings Ln the rural housing House position of fairness and etujty. thorue the Cemmastm te reta=er arry costa programs. the section 108 CD loan We tnust act nos to baitd maman, bered those that. tn the fuerment of the i guara.ntee proriam. public housing op- tum tosard action on the ftacal ye=J " trating subsidies and changes in public 1987 budget. If the other body fails to ,[,nof i a reg ry ee - d housing debt f nancing. act or if the President faa!s to sfgn the ie, Can the chattrca.n of the Budget reconciliation bill. shat type of afsnal The Commasamon mas uuss and coueet , Committee te!' me if tn> assumptions would this send about our resche annual chartes trem its tiers sees onty after the czeiru. ion of 4s es6rnsar days. as calcu. are correct :nd that se hase not teu ard I.Astdeficit reductton' December. Members of both lated te accordance sith t.tus provmon. fol-gotte n in:o a n risdiction which would be pro .t 5 not in line s'lth bodies ra'lled to the trumpet call of lostrabyreceipt t y the Coccess the Communion regateng of its a report authonty that thought? Gramm Rudman. Are those same to concet annus: charges prior to the enact-I 31 eld to the stntleman from Penn- Members today prepa. red to turn a mmt of tha prostsion. tnetudins the au-sytranta f Mr. Onay). deaf ear to the tral action it takes to thonty provided persuam to the Independ-Mr. GRAY of Pennsyhanta. I would meet our deficit goan On one day, t.be any to the gentleman that his asfump- White House touts the desperate need "$ %'M"$ *[ " . ttons are absoltttely correct. This b!L1 for budget sartngs. The next d17. his s.ac. and suernstud to the Congrima 31 thin j does not contain those items. advisers signaled opposition to a reecn- 90 days after the enacaratnt of ttus Act. In - Mr. WYLIE. I thank the gentleman ciliation package simpfy because it adsunn. the commwn must promulsase for his ar*ss er. With that ansser. I isn't the President's preetse program. rutes, after nottee and opportunity for till support the conference report. I Mr. Speaker, the po! Wet! ta!k of pntireW comment. estabushing the arnount of charges to tw assered pursesnt to this think it is a good one as far as the ju- deflett reduetton is cheap, but the ret] sumomy. twfore any weh cnarses may be , risdretmn of the Banking Commtttee is price of deflett reduction is met a.ssessed It is the tntenuoc of the conferees d through action. We hate ta!ked long m becsuse tw'mn Coenmm tacensees. i eO{.f r. Speaker, or enougtt, today we st!! set by toting sact as urusersives. hossntaas. research and ptrrposes of debate only. I yield 3 min- yes" on the pendmg measure. metacalinsututicets. and uramam producers utes to the tery distinguished chatr- Mr. Speaker. It bas come to my at- hase tumted stility to pas throush the of these charges to che utttmate con- J man of the Budget Committee, the tention that eitplanatory language en costsumer. the Commtacon should tame this gentleman from Pennsyh ania fMr. Nuclear Regulatory Comtrassion fees- feetor trio secount m de'.ermentng whethee Ge av)- subtitle O of title VII of the confer, "**'h' C'***"'"'""""I" rMr. GRAY of Penns>tvan!n asked enee report en H R. 3125-was inad- L' '## "' "# " "' " and s as sn en pe* mission to rmae and vertently omitted s hen the conference Mr. QUILLEN. Mr Spetker, as ! extend his remarks.) report sas filed in December. I submit sa6d and the Mernbers hace heard. this Mr. GRAY of Pennsylvarus. M r. that langtrage for the Recome in order as a eery comprehenshe measure. I Spea.k er, today se have pendtng to clarify the tntent of the ecnference have bytened intently to shat has before us an important budgetan on this issue: been maid. measure-reconcilist. ton. If enacted. Startuner or Mmctas at NRC Fras I reg?ct tery much that the ranking t tits paetage scould save the American mtnor:ty members of the committee.s taxpayers 56.9 tnllion this year and g[h'd

                $18.1 billion over 3 years.

t ku'c $ 'o"rf . mrssion to concet user fees and charges s'ere not taken in on the deliberations. At the end of last sesaton. Congress that. then moded to other amounts collect. I think that s'as a drastte mistake. f ailed to agree to the pendasts reconct!- ed by the Commtssion. total or.e half of nu  ! regret to hear sorntone from an-istion bill. The House and the other ,eudset Under the Independent offias Ap- ether State that does not grow burley i>ody, m actmg on the conference croprianon Act of 1952 e31 UE C. Sec tobacco hack as ay at the program. report on H.R. 3128. agreed on all but 810l t the commassion c.:rrer.tb aasnses I regret to hear othe s sho are very one issue Superibnd resenuef s shich are t wetec to total 860 milieon

       ,                                                       I"rY 1966 The House grou.aton adds adde mutn !!i daurd sith that is in thLs tr:
      '              Sinr e December. the leadership of :onal a sthority which is empeeted to resatt mes.sure (he Houw and the other body, the                                           "          "               With al: of that in mmd however.

g leadcra ut the committees of both i'[ob#l,)"ues i [ u ns t e ent e this b31 ha.s some t00d proV1stons and

  • houw wit h matters m dispute. ano cf NRC expenditures D seteuon is seit to I think that shen it gets to the j g Wh6te House re present at n es have the SRC to estattssh the detaals of the Senate, st uill be toned dosn or honed y em entdless hours negotiatmg a final charges in the rulemaamt Hos ever. under up and w til be made sorkable so that
  • resch.aon to Superf und as sell as ti.e Hoasethe consider provtsiori costs ofthe Comtriassoci resu;suna striuusreust the President o.ill be atAe to sagn it; a.!-

f

  • other matters which arose s: nee then riansn of beertsees The Senate Reconetha- though nos as it is presented before m the reconethstion package tien kr stauen ecmamed no sueb pes on tbts House. It la a veto propostuon in The House made an offer to the ' mp n.

other bod) modif > nns the fmal recon. g, ,[gnd I ee a n ei rees r ts Mr. DERRICK. Mr. Speaker, for j cthauon padage seseral seeks ago. beensees in an amount i. hat. shen added to purposes of debate only. I yieM 4 min-On Monday. the other body responded other amounts collected by the Comrr.asson. to that of fer. Toda>'s amendment is shall not eseceo 33 percent of the Commio utes to the distingu:shed manruy I s I

                ~

r

                                                         +                                                                                                                    .
                    .                           i
   ,,           (     Mere 4 4, JE                               CONGREWONAL RECORD-SENATE                                                                                 B1725 4        Y-          of Trade Adeusunent Ameistance. a But at the preserit moment. It is the ence report on this tegns6asaan late in prostam that is very important to only program in place which has the the laa seeston the statement of man.
  • Maane, capacity to prodde some level of as. agers explairrtng the lettstattve intent u Beesuse Censtem faasd to conclude sistance to those most directly and of this particular prortsHm was inad-action on last year's reconcilla- rnost drastically allected by our trade vertently omitted from the conference tNm 'messore, re on of this delicat. report. Because of that oversight. Mr.

prograto was not Authortty Trade adjustment assistance can President. I ask unanimous consent for Denefit pannefits hiere been tatued neser take the place of an improved that a copy of the leipslaane hLatory. smee last year. ' -' and aggresalve U.S. trade policy. It entitled " Statement of Managers Re In Marne alone. 450 destoested wort. cannot take the place of an improved NRC Pres." be prmted in the Recono d era. people who have lost their jobs be- international monetary policy to mod- at this pomt. for the ptrrpose of guid-cause of import cornpetition. have re- ers&e wild imbalances in international ing the NRC in its implementation of eerved no benefits-no income-since currency ra&as. tbts provtsion. December 20. These of them erhb are But so long as governments Instst on There being no objection. the state. now its training programs have stayed manipulatmg thetr export industries ment was ordered to be prmted tn the en traintns in the hope that this Con- for competitive advantage, some form RscotD. as follows; gree will act promptly to festore of trade adjustment aid s1ll be neces- starrasen or Manaczas Rt NRC has thane bernefits this year, aary. if Constem fails to act. these people sacriam se or oca was ae, The House Budaet Reconectation teststa-wtn be forced to drop out of training. Mrs. HAWKINS. Mr. Preedent. I tion directs the reuetear aagu: story com-te asek alternaarve work Lf other jobs strongly support this amendment. It is musion to c@ct usu Ws and charges are seminatne. Sorne of thesa will be crucial to the State of Fnortda. This $,*gg',"c*,dNN'd*Mg'N forend te apply for pubbc assustanee. amendmant would restore the compro- budget. Under the Independent Offices Ao-All of thern have already stiffered mise language worked out last Decem- proona& ion Act of 1962 tal Us c. sec. i severe innancial loss arid the personal ber which La con &ained in the House sion. the Ccammiasian currently ma==an.s turmotl that is involved with job loss. recondhadon btll providing for State- fees shich are expected to total sac at:nion They are all Marmted workers Federal consultauon in leasing Outer in FY tional 1986.M Home proesten adds adda-authority, which is expeevd to result those problarus are the duset result Con &inan1&l Shelf lands. of consdous poney citoenes made by Section L9 of the Outer Continental 88 "'re than stSe mgkon per rear to medi-this adratasstratlos in the area of Shelf Lands Act requires the Secre- yg*^M',' ", ",, T i trade. tary of the Internor to strike a balance the NRC to estaahah the eetada, of the Our trade imhalance trapones an between the nauonal interest and the sharses in the rulemakaue. Howeena uneer unfa6r and crushes besrden on those weD being of rR12*ns of the affected the House psovimon. tas Comr-am. mast hadustries and worters whose products Stata. In deiermining the national in- consider the costa of regulauna various are targeted try foreign compettuon. terest. the Secretary must equally etasses of tieensees. T?ar senate 3ssenruta-Although the long range answer to weigh the need for energy develop. tien legislation antairmt no amen proesten their probbsen will resulte a dramage ment and the need to protect other re. The confeme asmd te require the NRC change la the operauon of our Na- sources and uses cf the coastal sone to assess med somegt annual charges from its j Laoc's trade pohey and improved an- such as the tr.arine environment. If kansege as an asnamt e mat. when t aned to l gestJaent and coanpeutiveness on the the Secretary determines that the rec- g sm anntay ,,, g g part of every rnanufacturing sector, ommendations put forth by a Stue con s bussec tor esca ttaeal year. Assumuns . the immedaste shoet tarra problem are not reasonable, a detailed explana- the current level of NRC expenditures. this  ! Ennat be adeensed tion of that deterrnination wouki be is expected to result in the collection of ad-That short term problem is bety ae- required. dational fees in an amount up to approni-recus for the thousands of workers Even as we consider the need to take mately eso mt!! ion per year for each fineal l who have seen long estabbshed shoe the individual interests of States into Fear The charges ma=d pursuant to this  ; mamfamuring plants closed with no account, the Department of the Inter 1 authority shaft be reasoestry related to the ,- hope of their reopening. It is serious or is considering opening up for re, regulatory aerwce a provioed by the Comunse-for textile worhees who have seen evaluation some very delicate offshore siojmno se e is their insenalve efforts to moderntae tracts for potential leasing as part of terded by the conferees to establish a stand-overtaken by the corabined effeas of its 5 year leasing plan. These same ard separate and distinct from the Commts-an overvalued do11&r and foreign Gov. tracts have been off limits to terising sion's existent authonty under the tride-4 ernment autasidnes to their overseas in the past due to their delicate and pendent Offices Appropnation Act of 1952 competitoes. unique tnateup. in order to permit the Commission oc more The problems facing these marmafac. In the State of Florida, the sensitive full > recoser the easts asscensee vita reru- , turers and workars are not af thest ccastal habitat and esturaries. tropical latins sancus casesonas of Comnasa.on in-censees. This authonty is not isrecded. onn making.They are psehiems whie waters, and white beaches dernand h0 ' ' hue a variety of - a~%, eaa- extra spectal care. Simply a!!owing of.f- c,((r shore areas to be leased for national lated to the e is resulatory at lre not service provioed ty rb o arma policyGovernmen& of this *h gpn.ima. The energy and economic development the commission. nor ts et intenced to au-to'davor inaccrts as a way of muernhina donnes. purposes overlooks the economic and thorue the Commission to recover any costs i tic inflation. has R enttronmental needs of an individual beyond those that. in the judgment of the lower for all at grea& passaalg sossecostprtcas to a State. Florida's unique coastal re- Commasion, fairly reflect the cost to the a few. - sources could not withtrAM an oil Cornauss2on of provnhns a resutatory serv-L The Trade Adjustment Assistance spin. Its tourist industry would suffer 'C'The comcussion may assess and couset , i

        -               Prosram is a uman cliert on the part a harsh ticw.                                                a            e                           e s
  • of Goternment to redress the unfair. In sum. Mr. President. I believe that gua)p , sese t,rgi\s
                                                                                                                                                      ,               oa           cu  i ness with which trade deficits affect the State Federal language is abso- tued hi accordance with thts prorts:oc. fot.                                         1 different parts of the tw2.ry. The lutely vital and I urge my colleagues tomans receipt by the Congress of a report program provides direct income help to support this amehdment.                                    by trie Commuston retarens its authartty for those a fin no other income source;              starturwt or ismcrus-sca essa rass           to couect ar.nuaJ charges prior to the eract-it creates the conditions that allot-               Mr. SIMPSON. Mr. President I meet of trus pronsion. includes the au-some to seek training for a nas job should like to make one brief clartfy, thority                en1prouded        pursuant to the Mees Approonat:en                  Act ladsoend-of a ms r             field.                                         Ing remark about the provis6on coa.

The Trade Adjustment Assistance tained in this bal regarding asseas. n,$o# am fu t e onsrees *1 Program is not the boly answer to the ment of user fees by the Nuclear Reg- se days after the enactment of thh Act. In changtna makeup of our tnanufactur- ulatoey Commiesloth Due to an over- andnion. the Commismon must proeulsste [ Ing sector It is not a sufficient answer. sight in the preparation of the confer- rules. after nouce and opportanity for b a e- , I

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Q 4 T F126 CONGRES$fb,NAL RECORD-SENATE j March h, IS86 ) poeme cortunent. estaoilshins the amous of Mcct.tnut Senator PacxwooD. Senator The PRESIDING OFFICER. The sne chstree to oe asacssed pursuant to this RoTM. Senator Hztus, and others. clerk stil call the roll. authonty. octore any such charges may oe I am hopeful that the House will Tlie bili eterk proceeded to call 'he amessed it is the "intention es taas conferees accept our offer. It is a reasonable roll

                   , *k ,*,"un      t      s                    d compromise, one that deserses its seri-         Mr. DOMENICt. Mr. Pres: dent. I medical institutions. and                ucers ous consideration, and as I said earlier. ask unanimous consent that the orJer hate simited ability to pass costs of these charges to the ahwnsta  b the con.one   theacceptable.

finds administration has indicated it for the cuorum call be rescinded. sumer the Commission should same this M r. President. I urge that the The PRESIDING OFFICER With-Factor into account m determining whether Senate accept this compromise and out objeetton. it is so ordered to modify the coromi. mon s current fee send it to the House. & DWEM W Nmf schedule for sucn l censees. Mr. NICKLES. Mr. President. today yield as much time to the distin-Mr. DOMENICI. Mr. President. this the Senate takes final action. I hope, gutshed Senator from Idaho as we wu indeed an oversight in the last ses>. on the reconelltation measure. Title hate on the amendment. ston, and the statement inserted in the II of the bill is a pr sage of amend. Mr. McCLURE. Mr. Preudent. I tau Rtcomo accurate!y reflects the agree- ments to ERISA title IV designed to this time only to make a tery brief ed ment of the conferees on the Eneaning" shore up the single employer plan ter- planation of what se tried to do and and scope of this particular provision. mmation insurtnee provtstons. As of what is embod ed in the amendment Mr. CHILES. I. too. concur in that today this Government backed pro- with respect to seseral OCS issues statement, Mr. President. gram is approximately $1.4 billion in And the one that has been high!!ghted Mr SIMPSON. I thank my col. the red--due in large part to a handful has been the 8f g> tssue. the cuestion leagues for that additional explana. of recent distress terrninations of of the distributton of the proceeds of tion plans by plan sponsors in or near the money accrued from oil operations Mr. DOLE. Mr. President, when we bankruptcy. The changes made by gin the so alled 8 g zon n adjourned the la.st session of Congress these amendments are der?gned to in December se lef t behind us an im. minimize the Pension Benefit Guaran- detail. but I would be pleased to portant piece of unfinished business- ty Corporation a exposure to these answer questions, if indeed there are questionr. in that regard billions of doll budget recone n svings in the {[ Since that time Senators, ats!!. and un I 1986 a ions f r thos t p But we have sought to keep faith with the position that was taken in W Em Chm W p a representatives from the administra- the floor of the Senate in supporting tion have met in dozens of meetings in the leadership intends to put througl{ the actions brought to our attention.. En effort to salvage the deficit reduc- a concurrent resolution with a senes tions in this measure. And today, we of technical amendments that are re- primarily from the Senator from I4u-have fina!!y reached agTeement on a 3- quired due to the passage of time since islana. BENNETr JoMNstoN. the dtsttn-year $26 billion package that addresses the last effort to pass the conference guished and very helpful ranking both LP concerns of the administra- report in December 1985 member of that committee. tion a The members of an American Bar There are three other issues that say t.j.3> the the Senate. I am pleased administration has as-toAssociation task force considering were involved. One was the buy Amert- , ERISA title IV 1.ssues have expressed can provision; the second. the section e Ho tse e es en Isg t concern that companies may take ac. 19 which deals with the State process The Senate package differs from the' tions to impelinvoluntary termination and involvement in OCS deliberations last House offer in four areas-the of a plan by the PBGC and thereby and decisions; and. the third cashore

OCS provisions were revised; one Med- I mit the liability to plan participants revenue sharing of Outer Continental j iette provision was modtited. as was an and the PBGC. I expect that the Cor. Shelf revenues, a block grant to the

[ expansion of the AFDC Program; and potation s111 block this and other States affected. I made the judgment. In the various i we deleted the cap provtston for Feder- abuses of the new termination rules al employee health benefits. under title IV by using its authority discussions we had with OMB. that ' Gone from the original package are under section 4047 to negate pending there sere tradeoffs between each of the add ons. the expansions of pro-or completed plan terminations and those provtstons, all of shich had op-grams that would have transformed restore plans to their pretermination position from the administration. And reconciliation from a savings measure status. Specifically, the Corporatton the best way to address them sas to into a spending one. The excise tax to may negate terminations under sec. dispose of the Sig) issue for once and tion 4041(c) or section 4042 wheneser for all and do that in the way that support the Trade Adjustment Assist-ance Program has baen eliminated. the Corporation determines that a kept faith with the coastal States that And like the House. we have dropped principal purpose of an act. failure to are involved and with the position we act or transaction undertaken by the hate taken in tha past and'to pop the the Superfund provisions. contributing sponsor-cr any member other three provisions. That is shat is These changes will not fur 3L satisfy of its controlled group-sas to enable done in this proposal before us-at this everyone. But we can not teamustn our such person to satisfy any of the dis. time. effort to cut the deficit. Amhnans pack." tress criteria in section 4041(cH2HB) To do otherwise would have auto-age contains some fundamustal re or to compel the Corporation to insti. matteally increased the pressure on forms in spending programs-gforms tute termination proceedings under the distribution of funds in the 8(g) that will continue to save the receral section 4042, thereby decreasing the 11 zone. And I still believe that provision Government money for yesrs to come. ability to the PBOC or avoidmg the mas correct. I think se have been able Efen today 825 billion-819 billion in obligation to provide all t;eneft com. to, by doing this, give to the people in  ; i - Outlay reductions and 86 billion in rev- the 8(g) States the most favorable. mitments under the plan. enue increases-ts nothing to be Mr. JOHNSTON. Mr. President. I most generous. and in my judgment. scoffed at. have an amendment shich I send to the most proper distnbution of those l Mr. President. there is some urgency the desk and ask for its immediate funds that was possible to get by in approving this bill now. On March consideration, agreement from the admintstration. ,1 15 the cigarette tax will expire. This The PRESIDING OFFICER. The and to leave those other three issues  ! provision involves considerable reve- Chair informs the Senator from Lou- for another time and another place. nue for the Federal Government. So I islans that until all time has expired Because to leave thern in here and at-hope we can act favorably and quickly, or been yielded back, further amend- tempt to resolve them in this particu- t Many Members have put a great ments are not in order. lar bill would have inevitably resulted ' deal of time and effort into this pack- Mr. CHILES. Mr. President. I sug- in a reduction in the amount of money age. Senator DowtNICI. Senator gest the absence of a quorum. that would have been otherwtse avall-l l

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(!), together with the reasons underlying such determina- l# l tson. 2 (B) Exmat susuission.-The Secretary shall include in (y,%g,,

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the initial submission under this pamgmph an estimate of (j the amount ofprior investment in the umnium enrichment ' ga,

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                                    ,                                        service activities progmm that remains unrecovered.                  g, ,

end

                                                '~

SEC Nat. URANIUM ENRICHMEhTREPORT. s'ng

                                 ~                                   Not later than 60 day after the date of the enactment of this Act,           sub
           -r>

the Secreta of Energy shall submit to the Committee on Energy 4 and Natum$ Resources of the Senate and the Committees on Ene ano M. -enAQ@i and Commerce and on Interior and Insular Affairs of the House bas

       &"25,'g:&ye,9,5Lg.

T* mg m Representatives a report regarding the effects of the September 1 1985, decision of the United States District Court for the District of

                          'Qf M'                         e
                                                        ,a        Colomdo holding that the utility services umnium enrichment con-c
         .,f                                                      tmets of the Department of Energy are null and void (Western Nu-

[  % clear Inc. v. F. Clark Huffman, Civil No. 84C2315). To the extent

                                              ' ..%)c that it will not compromsse the appeals process or the competitive
      ~=

c .Q . position of the Department of Energy with regard to urantum en. rt shall identify-

                                                .,4<              richment, the
                                      -                                    (1) the       is of the deciswn on-(A) e operation of the umnium enrichment facilities of
     .{$. ~                    a the Department ofEnergy; and                                            t M:.                                                        '                 (B) the revenues of the umnium enrichment progmm;                clu and                                                                 lis (2) how the response of the Department of Energy may miti-
    ~,9,;&A.a&l'-

q r...: gate such effects. Subtitle G-Nuclear Regulatory Commission Annual Charges

                                       '.          m.m  ~~

Y ,._..;.ngN Subtu 5 " SEC N0L NUCLEAR REGULATORY COMMISSION ANNUAL CRARGES (a) Senuission or Rsroar.-Within 90 days after the date of the

   ~~                            -.<3%"                   5                                                                                SEC se
 .2                              . . . .              W            enactment of this Act, the Nuclear'Re~g latory Commission shall submit to the Committee on Energy and Commerce and the Commit.

Thss

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Q2 tee on Interior and :nsular Affasrs of the House of Representatives Lands

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W. " i~Wikk and the Committee on Environment and Public Works of the Senate a report evaluating the feasibility and necessity of establishing a SEC se The

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Q *%n sys1em]or~the assessment and collection of annual charges from per-amenc at the sons licensed by the Commission pursuant to the Atomic Energy Act h

                                                .,                                                                                           subpa.

Th. y-Q... j- oT19st (42 U.S.c 2011 et seq.) to fund all or part of the activities subpa

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conducted by the Commission pursuant to such Act. Such report graph

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shallinclude an analpis of he Commission's existing statutory or

   &n?                                  ~;e. N. %, Q                       (1) the extent to which t rrgulatory authorsty to assess and collect annual charges, s,n.

si n = - - - - cluding thrauthority of the Commission to assess and collect ec W?dZ cf*%Y^ fees pursuant to title V of the IndependentT7ffices Appropria. fe ftL% *' Yi; tion Act of1952, is adequate to enable the Commission to assess u

%M g4Lr e, A&h'.,i&f and collect fees commensumte with the value of the benefit ren-dered to the licensee and the cost to the Commission of render- sEc s
                                           &:if                                                                                                 Sec fi&.)ff?C;'M
 ?;: v              a
                             ,.ges: - v sng such benefit; (2) the amounts currently assessed gnd collected by the Com-mission pursuait"to existing statutory or regulatory authority, jggy(,

o

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W-<*$ and the purposes for which such fees are assessed and collected; la l Q.'r =2 PMUM N and 1

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