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NRC Regulatory Agenda.Semiannual Report.July-December 1998
ML20205N666
Person / Time
Issue date: 02/28/1999
From:
NRC OFFICE OF ADMINISTRATION (ADM)
To:
References
NUREG-0936, NUREG-0936-V17-N02, NUREG-936, NUREG-936-V17-N2, NUDOCS 9904190065
Download: ML20205N666 (55)


Text

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NUREG-0936 Vol.17, No. 2

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Semiannual Report

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NUREG-0936 Voi.17, No. 2 NRC Regulatory Agenda

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Semiannual Report July - December 1998

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U.S. Nuclear Regulatory Commission Office of Administration Washington, DC 20555-0001 f

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l AVAILABluTY NOTICE Availability of Reference Materials Cited in NRC Publications NRC publications in the NUREG series, NRC regu- NRC Public Document Room lations, and Title 10, Energy, of the Code of Federal 2120 L Street, N.W., Lower Level Regulations, may be purchased from one of the fol- Washington, DC 20555-0001 lowing sources: < http://www.nrc. gov /NRC/PDR/pdr1.htm >

1. The Superintendent of Documents 1 -800-397-4209 or locaUy 202-634-3273 U.S. Government Printing Office Microfiche of most NRC documents made publicly I P.O. Box 37082 available since January 1981 may be found in the Washington, DC 20402-9328 {

Local Public Docurnant Rooms (LPDRs) located in )

< http://www. access.g po. gov /su_ docs > the vicinity of nuclear power plants. The locations  !

202 - 512 -1600 of the LPDRs may be obtained from the PDR (see previ us paragraph) or through:

2. The National Technical Information Service Springfield, VA 22161-0002 <http://www.nrc. gov /NRC/NUREGS/

<http://www.ntis. gov /ordernow> SR1350/V9/lpdr/html>

703-487-4650 i Publicly released documents include, to name a j The NUREG series comprises (1) brochures few, NUREG-series reports; Federal Register no-(NUREG/BR-XXXX), (2) proceedings of confer- tices; applicant, licensee, and vendor documents ences (NUREG/CP-XXXX), (3) reports resulting and correspondence; NRC correspondence and from international agreements (NUREG/lA-XXXX), internal memoranda; bulletins and information no-(4) technical and administrative reports and books tices; inspection and investigation reports; licens-

[(NUREG-XXXX) or (NUREG/CR-XXXX)), and (5) ee event reports; and Commission papers and compilations of legal decisions and orders of the their attachments.

Commission and Atomic and Safety Licensing  :

Bc,ards and of Office Directors' decisions under Documents available from public and specia! tech-Section 2.206 of NRC's regulations (NUREG. nical libraries include all open literature items, such ,

XXXX) as books, journal articles, and transactions, Feder-al Register notices, Federal and State legislation, A single copy of each NRC draft report is available and congressional reports. Such documents as free, to the extent of supply, upon written request theses, dissertations, foreign reports and transla-as follows: tions, and non-NRC conference proceedings may Address: Office of the Chief information Officer be purchased from their sponsoring organization.

Reproduction and Distribution Copies of industry codes and standards used in a

, Services Section substantive manner in the NRC regulatory process l

U S. Nuclear Regulatory Commission are maintained at the NRC Library, Two White Flint l Washington, DC 20555-0001 North, 11545 Rockville Pike, Rockville, MD

! E-mail: < DISTRIBUTION @nrc. gov > 20852-2738. These standards are available in the Facsimke: 301-415-2289 library for reference use by the public. Codes and A portion of NRC regulatory and technicalinforma- stand rds are usually copyrighted and ma/ be tion is available at NRC's World Wide Web site: purchased from the originating organizat,on i or, if they are American National Standards, from-

<http://www.nrc. gov >

American National Standards institute All NRC documents released to the public are avail- 11 West 42nd Street able for inspection or copying for a fee, in paper, New York, NY 10036-8002 microfiche, or, in some cases, diskette, from the < http://www. ansi.org >

Public Document Room (PDR): 212- 642-4900 L~

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l NUREG-093(i Vol.17, No. 2 NRC Regulatory Agenda Semiannual Report i July - December 1998 i

Manuscript Completed: January 1999 Date Published: February 1999 Division of Administrative Services OfTice of Administration U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 pf ~*%,,

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Preface l

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

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

The agenda consists of two sections that This identification number will make it have been updated through December 31, easier for the public and agency oflicials to 1998.Section I, " Rules," includes (A) rules track the publication history of regulatory on which final action has been taken since actions. The dates listed under the heading June 30,1998, the closing date of the last " Timetable" for scheduled action by the NRC Regulatory Agenda;(B) rules Commission, the Executive Director for published previously as proposed rules on Operations (EDO), the Chief Financial which the Commission has not taken final Officer (CFO), or the ChiefInformation action; (C) rules published as advance Officer (CIO) on particular rules or petitions notices of proposed rulemaking for which are considered tentative and are not binding neither a proposed nor final rule has been on the Commission or its staff. They are issued; and (D) unpublished rules on which included for planning purposes only. This I

the NRC expects to take action. Regulatory Agenda is published to provide the public early notice and opportunity to Section II, " Petitions for Rulemaking," participate in the rulemaking process. I includes (A) petitions denied or incorporated However, the NRC may consider or act on into final rules since June 30,1998; (B) any rulemaking proceeding even ifit is not ]

petitions incorporated into proposed rules; included in this Regulatory Agenda.

and (C) petitions pending staff review. Conversely, the inclusion in this Regulatory Agenda of unpublished rules on which the In Section I of the agenda, the rules are NRC is considering action does not commit ordered from the lowest to the highest part the NRC to publishing the rule for public within Title 10, Chapter 1, of the Code of comment in the Federal Register.

Federa! Regulations (Title 10). If more than one r e appears under the same part, the Rulemakings Approved by the Executise rules are arranged within that part by date of Director for Operations (EDO) l most recent publication. If a rule amends '

multiple parts, the rule is listed under the The Executive Director for Operations lowest affected part. In Section II of the initiated a procedure for the review of the i

agenda, the petitions are ordered from the regulations being prepared by staff offices iii "UREG-0936

Preface NRC Regulatory Agenda that report to him to ensure that staff Comments received on rules for which the resources were being allocated to achieve comment period has closed will be NRC's regulatory priorities most effectively. considered ifit is practical to do so, but This procedure requires EDO approval assurance of consideration cannot be given before staff resources may be expended on except as to comments received on or before the development of any new rulemaking. the closure dates specified in the agenda.

Those unpublished rules whose further The agenda and any comments received on .

development has been terminated will be any rule listed in the agenda are available for noted in this edition of the agenda and public inspection, and copying for a fee, at deleted from subsequent editions. Rules the Nuclear Regulatory Commission's Public whose termination was directed subsequent Document Room,2120 L Street, NW.

to publication of a notice of proposed (Lower Level), Washington, DC, between j rulemaking or an advance notice of proposed 7:45 a.m. and 4:15 p.m.

rulemaking will be removed from the agenda after publication of a notice of withdrawal in Additional Rulemaking Information the Federal Register. Rules and Petitions for Rulemaking that appear in the agen'd a for the For further information conceming NRC first time are identified by an asterisk (*). rulemaking procedures or the status of any rule listed in this agenda, contact Betty K.

Public Participation in Rulemaking Golden, Regulatiens Specialist, Rules and Directives Branch, Office of Administration, Comments on any rule in the agenda may be U.S. Nuclear Regulatory Commission, sent to the Secretary of the Commission, Washington, DC 20555-0001, Telephone U.S. Nuclear Regulatory Commission, 301-415-6863 (persons outside the Attention: Rulemakings and Adjudications Washington, DC, metropolitan area may call Staff, Washington, DC 20555-000). toll-free: 800-368-5642), or e-mail bkg2@nrc. gov. For further information on Comments may also be hand delivered to the substantive content of any rule listed in One White Flint North,11555 Rockville the agenda, contact the individual listed  !

Pike, Rockville, Maryland, between 7:30 under the heading " Agency Contact" for that l a.m. and 4:15 p.m., Federal workdays. rule.

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NUREG-0936 iv

CONTENTS Page l Preface . . . ....... ... ..... ........ ....... .. .... .. .... . . . iii (A) Final Rules l l

1. Transfer c.f Rulemaking Functions (Part l) . ........ . . .. ..... .. 1 .

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2. Procedures Applicable to Proceedings for the Issuance of Licenses for the l

Receipt of High-Level Radioactive Waste at a Geologic Repository (Part 2) . .1 l

3. Streamlined Hearing Process for NRC Approval of License Transfers . .1
4. Transfer for Disposal and Manifests; Minor Technical Conforming )

Amendment (Part 20) . . . . . ........ .... .......... .... .. . 2

5. Minor Corrections, Clarifying Changes and a Minor Policy Change (Parts 20, 32, 35, 36, and 39) . . . . . . . . . . . . .. .... .... ... ..... 2
6. Requirements for Possession ofIndustrial Devices Containing Byproduct Material (Parts 31 and 32) . ... . . . . .. .... ..... .2
7. Distribution of Source and Byproduct Material: Licensing and Reporting Requirem.mts (Pans 32 and 40) .. .......... . ......... .. 3
8. Clarification and Minor Corrections (Part 34) . . . . . . . .. . .. .... .3
9. Comprehensive Quality Assurance in Medical Use and a Standard of Care (Part 35) . .. .. ... .... . . .. . .... . . ... ... 3
10. Performance-Oriented Requirements for Fire Protection of Nuclear Power Facilities (Part 50) . . . . .. . . .. . .. . ..... . .4
11. Revision to Nuclear Power Reactor Decommissioning Financial Assurance Implementation Requirements (Part 50) . . .. . . . .4
12. Reporting Reliability and Availability information for Risk-Significant Systems and Equipment (Part 50) . . .. . . ... . .. . . .4 NUREG-0936 v

CONTENTS (A) Final Rules (continued)

13. Steam Generator Tube Integrity for Operating Nuclear Power Plants (Part 5 0) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
14. Criticality Accident Requirements (Parts 50 and 70) . . . ........... ... 5 l
15. Clarification of Assessment Requirements for Siting Criteria and  ;

Performance Objectives (Part 60) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5  !

lti. Elimination ofInconsistencies Between NRC Regulations and EPA HLW Standards (Part 60) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

17. Adoption of Part 20 Dose Limits and Dose Calculational Methodology in Part 72 (Part 72) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 i
18. Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste (Part 73) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
19. Financial Protection Requirements and Indemnity Agreements (Part 140) . . . . 7 (B) Proposed Rules
20. Availability of Official Records (Part 2) . . . . . . . . . . . . . . .. ..9
21. Conformance to National Policies for Access to and Protection of Classified Information (Parts 2,10,11,25, and 95). .. .... . . . . ... .9
22. Respiratory Protection and Controls to Restrict Internal Exposure, Subpart H and Appendix A (Part 20). . .. ...... . . . ... . 10
23. Fitness for Duty (Part 26) . ... .. . . .. .. . 11
24. Requirements for Possession of Industrial Devices Containing Byproduct Material (Part 31) . . . . . .... .. ..... ... . . 11
25. Requirements Concerning the Accessible Air Gap for Generally Licensed Devices (Parts 31 and 32) . . . . . . . . . . . ..... .. ... .. . 12
26. Medical Uses of Byproduct Material (Part 35) . . .. . . . . . 13 I l

NUREG-0936 vi

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CONTENTS (B) Proposed Rules (continued)

27. Shutdown and Fuel Storage Pool Operation at Nuclear Power Plants (Part 50) . . . . . . . .13
28. Audit Frequency for Emergency Planning and Security (Part 50) . . 14
29. Industry Codes and Standards; Amended Requirements (Part 50) . 14
30. Codes and Standards; IEEE National Consensus Standard (Part 50) 15
31. Requirements for Monitoring the Effectiveness of Maintenance at Nuclear Power Plants (Part 50) . . 15
32. Changes, Tests and Experiments (Part 50) . . . . 16
33. Financial Protection Requirements for Permanently Shutdown Nuclear Power Reactors (Parts 50 and 140) . . . 16
34. Addition of Radon-222 and Technetium-99 Values to Table S-3 and Revisions Resulting from Consideration of Higher-Burnup Fuel (Part 51) . 17
35. Initial Operator License Examination Requirements (Part 55) 18
36. Miscellaneous Changes (Part 72). . . .. .. . 18
37. Expand Applicability to include Additional Parties (Part 72) 19
38. Elimination of 30-Day Delay in Loading Spent Fuel After Preoperational Testing (Part 72) . . . . . . 19
39. Certification Renewal Amendment Processes (Part 76) . 20
40. Criteria for an Extraordinary Nuclear Occurrence (Part 140) 20
41. Nuclear Regulatory Commission Acquisition Regulation (48 CFR Chapter 20) . . .21 f (C) Advance Notices of Proposed Rulemakings
42. Disposal by Release into Sanitary Sewerage (Part 20) . . . .. . 23 NUREG-0936 vii L _ _ _ - - - - - - - - - -

CONTENTS (C) Advance Notices of Proposed Rulemakings (continued)

43. Modincation to Event Reporting Requirements for Power Reactors *

(Part 5 0) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 (D) Unpublished Rules I

44. Availability of Public Records At NRC Public Document Rooms *

(Pads 1, 2, 7, 9, 50, 52, 60, 62, 72, 75, 76,100, and 110) . . . 25

45. Submittal Procedures for Documents (Parts 19,20,30,31,32,34,35, 36, 39, 40, 50, 51, 52, 55, 60, 61, 62, 70, 71, 72, 73, 74, 75,140, and 150) . 25
46. Allow Use of Personnel Dosimeters That Are Processed Using a New Dosimeter Readout Technology * (Paris 20,34,36, and 39) 26
47. Revised Source Term Use at Operating Reactors * (Parts 21 and 50) . .. . 27
48. Application for Specific Licenses * (Part 30) . . . .. . . . 27
49. Requirements for Certain Generally Licensed industrial Devices Containing  !

Byproduct Material (Parts 30,31,32,170, and 171) . .. .. ... . . 28 I

50. Energy Compensation Sources for Well Logging * (Part 39) . . . . . . . ... . 28 ,
51. Emergency Planning Requirernents for Permanently Shutdown Nuclear Power P! ant Sites and Non-Power Reactors (Part 50) . .. . . .. 29
52. Use of Potassium lodide (KI) by the General Public After a Severe Accident at a Nuclear Power Plant * (Part 50) . .. . ... .. 30
53. Quality Assurance Programs * (Part 50) . . ... . . 30
54. Fire Protection; Elimination of Requirement for Non-Combustible Penetration Seal Material and Other Minor Changes * (Part 50, Appendix R) . . .. . .... . .. ..... . . . . .30
55. Standardized Plant Designs, Early Review of Site Suitability issues; l Clarifying Amendments (Parts 50,52, and 140) . . . . .. .. 31
56. Environmental Impacts of High-Level Waste Transportation (Part 51) . . 31 l l
57. Design Certification for AP600* (Part 52) . . .. . .. . . . . 32 NUREG-0936 viii I

r CONTENTS (D) Unpublished Rules (continued) l 58. Lessons Learned form Design Certification * (Part 52) . . . ... .... 32

59. Disposal of High-Level Radioactive Waste in a Proposed Geologic Repository at Yucca Mountain, Nevada (Part 63) . .... ... .. . . 32
60. Domestic Licensing of Special Nuclear Material-Revision (Part 70). . ... 33
61. Clarifications and Addition of Flexibility * (Part 72). . . . . . . . . . . . . . 33
62. Geological and Seistnological Characteristics of Spent Fuel Storage Systems * (Part 72) . ......... ..... .......... ... .. . . . . 34
63. List of Approved Spent Fuel Storage Casks: Addition of the HOLTEC Cask (Part 72) . ... .. ... . . . . .. . . .. .. .. . . ... 34
64. List of Approved Spent Fuel Storage Casks: Addition of the Transnuclear Cask * (Pad 72) . . ...... . ... . ... . . . .. . . 35
65. List of Approved Spent Fuel Storage Casks: Revision of the VECTRA NUHOMS Cask * (Part 72) .. .. ..... . . . . .. . .. 35
66. . Revision of Fee Schedules; 100% Fee Recovery, FY 1999* (Parts 170 and 171) . .... .... ... . . .. . .. . ... .. . .38 (A) Petitions Incorporated Into Final Rules or Petitions Denied Since December 1998 NONE (B) Petitions Incorporated Into Proposed Rules NONE (C) Petitions Pending Staff Review
1. Ohio Citizens for Responsible Energy, Inc. (PRM-9-2) . . . . . . . . . . . . . . . . 37
2. Keith J. Schiager, Ph.D., et al. (PRM-20-21) . . . . . . . . . . . . . . . . . . . . . . . . . 37 NUREG-0936 ix

1 CONTENTS (C) Petitions Pending Staff Review (continued)

3. Nuclear Energy Institute (NEI) (PRM-30-61) . . . . . . . . . . . . . . . . . . . . . . . . . 37
4. Amersham Corporation (PRM-34-5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8
5. National Registry of Radiation Protection Technologists (NRRPT)

(PRM-3 5- 13 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8

6. Amethan National Standards Institute N43.10 Committee (PRM-36-1) . . . . . 38
7. Chromalloy Tallahassee (PRM-40-26) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 1
8. Nuclear Energy Institute (PRM-50-61) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
9. Nuclear Energy Institute (PRM-50-62) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
10. Peter G. Crane (PRM-50-63 and PRM 50-63A) . . . . . . . . . . . . . . . . . . . . . . . . 40
11. Nuclear Energy Institute (PRM-70-7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
12. International Energy Consultants (PRM-71-12) . . . . . . . . . . . . . . . . . . . . . . . . 41
13. Portland General Electric Company (PRM-72-2) ...................... 41
14. Fawn Shillinglaw (PRM-72-3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
15. Prairie Island Coalition (PRM-72-4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
16. Envirocare of Utah, Inc. (PRM-150-2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 j l

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(A) FINAL RULES PUBLISIIED SINCE DECEMBER 31,1998 r

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1 NRC Regulatory Agenda .

Final Rules

1. Transfer of Rulemaking Functions Commission's ability to comply with the (Part 1) schedule for decision on the construction authorization for the repository contained in RIN: 3150-AG10 Section 114(d) of the Nuclear Waste Policy Act, and providing for a thorough technical Abstract. The final rule reflects the review of the license application and transfer of the rulemaking functions and equitable access to information for the responsibilities from the Office of Nuclear parties to the hearing.

Regulatory Research to the Office of Nuclear Material Safety and Safeguards and Timetsb!e: Final Rule Published the Office of Nuclear Reactor Regulation. 12/30/98 63 FR 71729 The final rule is necessary to inform the public of the transfer of rulemaking Final Rule Effective responsibilities within the NRC. 01/29/99 Timetable: Final Rule Published Legal Authority: 5 USC 552; 42 12/17/98 63 FR 69543 USC 2201; 42 USC 5841 Final Rule Effect;ve Effects on Small Business and 12/17/98 Other Entities. None Legal Authority: 42 USC 2201; 42 Agenc,/

Contact:

Kathryn L.

USC 2033 Winsberg, Office of the General Counsel, (301) 415-1641, e-mail kiw@nrc. gov Effects on Small Business and Other Entities. None

3. Streamlined Hearing Process for Agency

Contact:

Alzonia W. NRC Approval of License Transfers Shepard, Office of Administration, (301) (Parts 2 and 51) 415-6864, e-mail aws1@nrc. gov RIN: 3150-AC09

2. Procedures Applicable to Abstract. The final rule amends Proceedings for the issuance of the Commission's regulations to provide Licenses for the Receipt of High- specific uniform procedures and rules of Level Radioactive Waste at a practica for handling requests for hearings Geologic Repository (Part 2) associated with license transfer applications involving material and reactor licenses as RIN: 3150-AF88 well as licenses issued under the Abstract' regulations governing the independent The final rule amends the Commission's regulations regarding the storage of spent nuclear fuel and high-level licensing proceeding on the disposal of radioactive waste.

high-level radioactive waste at a geologic repository (HLW proceeding). The final Timetable: Final Rule Published amendments are intended to allow 12/03/98 63 FR 66721

. application of technological developments Final Rule Effective that have occurred since the original rule 12/03/98 was adopted in 1989, while achieving the original goals of facilitating the Legal Authority: 42 USC 2201; 42 USC 5841 1 NUREG-0936

Final Rules NRC Regulatory Agenda Effects on Small Business and Timetable: Final Rule Published Other Entities. None 07/23/98 63 FR 39477 Agency

Contact:

James A. Final Rule Effective Fitzgerald, Office of the General Counsel, 08/24/98 (301) 415-1607, e-mail jaf@nre. gov Legal Authority: 42 USC 2201; 42 USC 2231; 42 USC 2241: 42 USC 2282

4. Transfer for Disposal and l Manifests; Minor Technical Effects on Small Business and l Conforming Amendment (Part 20) Other Entities. None RIN: 3150-AF99 Agency

Contact:

Jayne M.

McCausland, Office of Nuclear Material Abstract. The final rule amends Safety and Safeguards, (301) 415-6219, i the Commissicr. s regulations concerning e-mail jmm2@nrc. gov i Iow-level waste shipment manifest i information. An additional correction is being made to the scope section of this part 6. Requirements for Possession of to rectify an inadvertent change. Industrial Devices Containing  !

Byproduct Material Parts i 31 and l Timetable: Final Rule Published 32) )

09/21/98 63 FR 50127 i RIN: 3150-AD34 Final Rule Effective 11/20/98 Abstract. The proposed rule would have amended the Commission's Legal Authority: 42 USC 2201; 42 regulations for the possession of industrial USC 5841 devices containing byproduct material to require device users to report to the NRC Effects on Small Business and initial!r and then on a periodic basis. The Other Entitles. None Commission b = reconsidered these issues with the help of an NRC-Agreement State Agency

Contact:

Mark Haisfield, Working Group. A portion of this rule has Office of Nuclear Material Safety and been subsumed by the proposed rule Safeguards, (301) 415-6196, e-mail entitled " Requirements for Possession of mfh@nrc. gov Industrial Devices Containing Byproduct

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Material"(December 2,1998; 63 FR 66492 (RIN 3150-AG06), and has been

5. Minor Corrections, Clarifying inicorporated into that rule. A subsequent, Changes and a Minor Policy Change more comprehensive rulemaking in this (Parts 20,32,35,36, and 39) area is also planned. Therefore, this rule is withdrawn.

RIN: 3150-AF46 Timetable: Notice of Withdrawal Abstract. The final rule amends Published the Commission's regulations to incorporate 12/02/98 63 FR 66492 minor corrections and clarifying changes to 10 CFR Part 20 and also make conforming Legal Authority: 42 USC 2111; 42 changes to 10 CFR Parts 32,35,36, and USC 2114; 42 USC 2201

39. In addition, a minor policy change revises the monitoring criterion for minors Effects on Small Business and and for declared pregnant women. Other Entities. Yes NUR EG-0936 2

NRC Regulatory Agenda Final Rules Agency

Contact:

Catherine R. industrial radioo-hy and radiation safety Mattsen, Office of Nuclear Material Safety requirements fu - dustrial radiographic ,

and Safeguards, (301) 415-6264, e-mail operations. This sinal rule is necessary to j crm@nrc. gov clarify the text to resolve these ambiguities i and to make changes to correct some of the I compliance dates specified in the revised l

7. Distribution of Source and rule.

Byproduct Material: Licensing and Reporting Requirements (Parts 32 Timetable: Final Rule Published and 40) 07/09/98 63 FR 37059 RIN: 3150-AE33 Final Rule Effective l 08/24/98 Abstract. The advance notice of proposed rulemaking (ANPRM) was Legal Authority: 42 USC 2201; 42 published to request public comment on USC 5841 contemplated amendments to the Commission's regulations governing the Effects on Small Business and licensing of source material and mill tailings. Other Entities. None The Commission has determined that this rulemaking is unnecessary and withdraws Agency

Contact:

Don Nellis, Office this ANPRM. The mill tailings issues are to of Nuclear Material Safety and Safeguards, be addressed separately as part of a (301) 415-6257, e-mail don @nrc. gov l rulemaking establishing a new 10 CFR Part 41.

9. Comprehensive Quality Assurance i Timetable: Notice of Withdrawal in Medical Use and a Standard of I Published Care (Part 35) 12/14/98 63 FR 68700 i' RIN: 3150-AC42 Legal Authority: 42 USC 2201; 42 ,

USC 5841 Abstract. The advance notice of 1 proposed rulemaking (ANPRM) was Effects on Small Business and published to request public comment on the Other Entitles. None extent to which, in addition to the basic quality assurance procedures (that were addressed in another rulemaking action Agency

Contact:

Catherine R. entitled " Preparation, Transfer for Mattsen, Office of Nuclear Material Safety Commercial Distribution, and Use of and Safeguards, (301) 415-6264, e-mail Byproduct Material for Medical Use" (RIN crm@nrc. gov 3150-AD69)(December 2,1994; 59 FR 61767). The Commission has determined that this rulemaking is unnecessary due to

8. Clarification and Minor Corrections the overall revision of 10 CFR Part 35, (Part 34) " Medical Uses of Byproduct Material" (RIN 3150-AF74), and withdraws this ANPRM.

RIN: 3150-AE07 Timetable: Notice of Withdrawal Abstract. The fina! rule amends Published the Commission's regulations to clarify 12/02/98 63 FR 66496 several ambiguities and to make corrections to the recently revised regulations (May 28, Legal Authority: 42 t)SC 2111; 42 1997; 62 FR 28948) goveming licenses for USC 2201; 42 USC 5841 3 NUREG-0936

i Final Rules NRC Regulatory Agenda Effects on Small Business and RIN: 3150-AF41 Other Entitles. t aa Abstract. The final rule amends the Agency

Contact:

Jayne M. Commission's regulations to modify the McCausland, Office of Nuclear Material financial assurance requirements for the Safety and Safeguards, (301) 415-6219, decommissioning of nuclear power plants.

e-mailjmm2@nrc. gov The final rule also requires por 'aactor licensees to report periodies - the status l of their decommissioning trus, runds during

10. Performance-Oriented Requirements an extended safe storage period.

for Fire Protection of Nuclear Pcwer  !

Facilities (Part 50) Timetable: Final Ruie Published 09/22/98 63 FR 50465 RIN: 3150-AF29 Final Rule Effective Abstract: The pioposed rulo 11/23/98 )

would have amended the Commission's fire protection regulations for voluntary adeption Legal Authority: 42 USC 2201; 42 by nuclear power plant licensees. In a USC 5841 Commission paper, SECY-98-058 dated March 26,1998, the staff recommended Effects on Small Business and Other option 2 for this proposed rulemaking In the Entities. None Staff Requirements Memorandum dated June 30,1998, the Commission approved Agency

Contact:

Brian J. Richter, the staffs recommendation to defer the Office of Nuclear Reactor Regulation, (301) development of a risk-informed, 415-622'1, e-mail bjr@nrc. gov performance-based fir 9 protection rule and ,

to pursue with the National Fire Protection 4 Association and the nue! ear irdustry the 12. Reporting Reliability and Availability development of a risk-informed, Information for Risk-Significant performance-based consensus standard for Systems and Equipment (Part 50) fire protection at nuclear power plants.

Therefore, this rulemaking is terminated. RIN: 3150-AF33 Abstract. The proposed rule would Timetable: Proposed Rule have amended the Commission's Terminated regulations to require that licensees for 06/30/98 commercial nuclear power reactors report summary reliability and availability data for Legal Authority: 42 USC 2201; risk-significant systems and equipment to 42 USC 2231; 42 USC 2241; 42 USC 2282 the NRC. Also, the proposed rule would have required licensees to maintain onsite, Effects on Small Business and Other and to make available for NRC inspection, Entitics: None records and documentation that provide the basis for the summary data reported to the Agency

Contact:

Ed Connell, Office NRC. The Commission has decided to of Nuclear Reactor Regulation,-(301) accept industry's proposed voluntary 415-2838, e-mail eac@nrc. gov alternative to the rule and, therefore, withdraws this rulemaking.

11. Revision to Nuclear Power Reactor Timetable: Notice of Withdrawal Decommissioning Financial Published Assurance implementation 12/02/98 63 FR 66497 Requirements (Part 50)

NUREG-0936 4

4 NRC Regulatory Agenda Final Rules Legal Authority: 42 USC 2201,42 material maintain a criticality monitoring USC 5841 system in each area where the materialis handled, used, or stored. This action is Effects on Small Business and Other taken as a result of the experience gained in Entities. None processing and evaluating a number of Agency

Contact:

Dennis Allison, exemption requests from power reactor Office of Nuclear Reactor Regulation, (301) licenses and NRC's safety assessments in 415-6835, e-mail dpa@nrc. gov response to these requests that concluded that the likelihood of criticality was negligible.

13. Steam Generator Tube Integrity for Operating Nuclear Power Plants Timetable: Final Rule Published (Part 50) 11/12/98 63 FR 63127 RIN: 3150-AF04 Final Rule Effective 12/14/98 Abstract. The advance notice of proposed rulemaking (ANPRM) was Legal Authority: 42 USC 2132; 42 published to request public comment on the USC 2133; 42 USC 2134; 42 USC 2135; 42 Commission's regulations pertaining to U2201; 42 USC 2232; 42 USC 2233; 42 steam generator tube integrity. The USC 2236; 42 USC 2239; 42 USC 2282 Commission has determined that this rulemaking is unnecessary and withdraws this ANPRM. Effects on Small Business and Other Entities. None Timetable: Notice of Withdrawal Agency

Contact:

Stan Turel, Office of Published Nuclear Reactor Regulation, (301) 12/02/98 63 FR 66496 415-6324, e-mail spt@nrc. gov Legal Authority: 42 USC 2201; 42 USC 5841

15. Clarification of Assessment Requirements for Siting Criteria and Effects on Small Business and Other Performance Objectives (Part 60)

Entities. None Agency

Contact:

Tim Reed, Office of Nuclear Reactor Regulation, (301) 415-1462, tar @nrc. gov Abstract. The proposed rule would have amended the Commission's regulations concerning regulatory requirements for licensing of high-level

14. Criticality Accident Requirements waste geologic repositories. A June 30, (Parts 50 and 70) 1995, Staff Requirements Memorandum, SECY 95-019, disapproved issuance of the RIN: 3150-AF87 proposed final amendments at this time Abstract. The final rule amends the because of significant Congressional activity l

with regard to the Nuclear Waste Policy Act, q Commission's regulations to provide light- and directed staff to reconsider the need for water nuclear power reactor licensees with the amendments or guidance upon greater flexibility in meeting the requirement determining that the legislative situation has that licensees authorized to possess more stabilized. Because Congressional activity in than a small amount of special nuclear this area y ongoing and because the NRC is developing site-specific disposal 5 NUREG-0936

Final Rules NRC Regulatory Agenda regulations for Yucca Mountain, Nevada, 17. Adoption of Part 20 Dose Limits and consistent with the Energy Policy Act of Dose Calculational Methodology in 1992, this proposed rulemaking is Part 72 (Part 72) withdrawn.

RIN: 3150-AF84 Timetable: Notice of Withdrawal Published Abstract. The final rule updates the 09/08/98 63 FR 47440 criteria for radioactive releases from independent spent fuel storage installations Legal Authority: 42 USC 10101; (ISFSI) and monitored retrievable storage Public Law 97-425 installations (MRS). This modification will result in a consistent level of protection of Effects on Small Business and Other public health and safety, and reduce Entities. None burden, confusion, and uncertainty resulting from duplicative efforts necessary to comply Agency

Contact:

Michael P. Lee, with two different standards.

Office of Nuclear Material Safety and Safeguards, (301) 415-6677, e-mail Timetable: Final Rule Published mpl@nrc. gov 10/13/98 63 FR 54559 Final Rule Effective

16. Elimination ofinconsistencies 11/12/98 Between NRC Regulations and EPA HLW Standards (Part 60) Legal Authority: 42 USC 2201; 42 USC 5841 RIN: 3150-AC03 Effects on Small Business and Other Abstract. The proposed rule would Entities. None have eliminated several inconsistencies with the generic EPA standards to be developed Agency

Contact:

Naiem Tanious,  ;

for the disposal of HLW in deep geologic Office of Nuclear Material Safety and repositories. Because the NRC is Safeguards, (301) 415-6103, e-mail developing site-specific disposal regulations nst@nrc. gov for Yucca Mountain, Nevada, consistent with the Energy Policy Act of 1992, the staff is withdrawing this proposed rulemaking. 18. Physical Protection for Spent These site-specific disposal regulations will Nuclear Fuel and High-Level I be addressed in another rulemaking. Rad %ctive Waste l (Pad 73) i Timetable: Notice of Withdrawal I Published RIN: 3150-AG00 12/02/98 63 FR 66498 Abstract. The direct final rule Legal Authority: 42 USC 10101 amends a final rule appearing in the Federal l Register on May 15,1998 (63 FR 26955).  !

Effects on Small Business and Other that clarifies physical protection Entities. None requirements for spent nuclear fuel and i

high-level radioactive waste stored at Agency

Contact:

Tim McCartin, independent spent fuel storage insta;.ations, 1

Office of Nuclear Material Safety and monitored-retrievable storage installations, l Safeguards, (301) 415-6681, e-mail and geologic repository operations areas. j tjm3@nrc. gov The action is necessary to corract the j inappropriate placement of the phrase j l NUREG-0936 6

c-i

'tC Regulatory Agenda Final Rules )

"... including illumination systems.. " within Abstract. The final rule amends the the requirement for tamper indication and Commission's regulations to increase the line supervision. The only anticipated retrospective deferred premium (required by impact of this rulemaking is to eliminate an the Price-Anderson Act) based on inflation.

unnecessary and inadvertently placed Specifically, the rule will amend requirement on affected licensees. 140.11(a)(4) to increase this premium to 83.9M/ reactor / accident (but not to exceed Timetable: Direct Final Rule Published $10M in any one year) based on the 09/16/98 63 FR 49505 aggregate percentage change since 1993 in the Consumer Price Index for all urban Direct Final Rule Effective consumers published by the Secretary of i 11/12/98 Labor. J Legal Authority: 42 USC 2201; 42 Timetable: Final Rule Published USC 5841 07/21/98 63 FR 39015 Effects on Small Business and Other Final Rule Effective Entities. None 08/20/98 Agency

Contact:

Priscilla Dwyer, Of6ce Legal Authority: 42 USC 2201; 42 of Nuclear Material Safety and Safeguards, USC 5841 (301) 415-8110, e-mail pad @nrc. gov Effects on Small Business and l Other Entities. None  !

19. Financial Protection Requirements and Indemnity Agency

Contact:

Ira Dinitz, Office of Agreements (Part140) Nuclear Reactor Regulation, (301) l 415-1289, e-mail ipd1@nrc. gov RIN: 3150-AG01 s

7 NUREG-0936

(B) PROPOSED RULES i

7 8

NRC Regulatory Agenda Proposed Rules

20. Availability of Official Records confidential commercial or financial (Part 2) information (proprietary information), and it is recognized that some information in those RIN: 3150-AC07 categories may be copyrighted. Proprietary information status exempts this material Abstract. The proposed from public disclosure and is not to be

, amendment would conform the NRC's confused with handling pursuant to regulations pertaining to the availability of copyright designation. A revised proposed official records to existing case law and rule will be issued for public comment.

agency practice. The amendment would reafN ' hat 10 CFR 2.790(c) provides Timetable: Proposed Rule Published subm.m:rs of information a qualified right to 12/23/92 57 FR 61013 have their information returned upon request. This amendment informs the Comment Period Closed public of three additional circumstances 03/08/93 where information will not be returned to the applicant, i.e., information which has been Proposed Rule Published made available to an advisory committee or 10/00/99 was received at an advisory committce meeting, information discussed at an open Legal Authority:

Commission meeting under the Government 42 USC 2201; 42 USC 5841 in Sunshine Act, and information that is subject to a pending Freedom of Information Effects on Small Business and Other Act request, as well as other administrative Entities. None matters.

Agency

Contact:

Catherine M. Holzle, The proposed amendment would also Office of the General Counsel, (301) address the NRC's procedures for handling 415-1560, e-mail cmh@nrc. gov copyrighted information, including reproduction and distribution according to normal agency practice. The NRC, in 21. Conformance to National Policies for receiving submittals and making its normal access to and Protection of distributions, routinely photocopies Classified information (Parts 2, submittals, makes microfiche of the 10,11,25, and 95) submittals, and ensures that these fiche are distributed to the Public Document Room, RIN: 3150-AF97 1.ocal Public Document Rooms, all appropriate internal offices, and made Abstract. The proposed rule would available to the National Technical amend the Commission's regulations by Information Service. This broad distribution conforming NRC regulations to national and reproduction is made to increase public requirements for the protection of and understanding of the peaceful uses of access to classified National Security atomic energy. The proposed rule would Information and Restricted Data, including not prevent submitters from applying 10 revised personnel security due process CFR 2.790(b)(l) procedures to information procedures; a new requirert ent for a facility that contains trade secrets or privileged or clearance for those licensees or others who 9 NUREG-0936

Proposed Rules NRC Regulatory Agenda

< require access to classified information at a Legal Authority: 42 USC 2165; 42 facility other than their own; additional USC 220; 42 USC 2273; 42 USC 5841; information on the scope and reporting E.O.12829; E.O.12958; E.O.10865 requirements for tha Foreign Owner hip, Control, or Influence (FOCl) program; a Effects on Small Business and Other requirercent for a foreign visitor control Entities. None program; a change to the period between reinvestigations for "L" and "R" access Agency

Contact:

James J. Dunleavy, authorizations from five years to ten years; a Office of Administr .aon, (301) 415-704, change in the fee schedules due to a e-mail jjd1@nrc. gov change in the investigative requirements for "Q" , "L", "U", and "R" access authorizations; changes to the security classification 22. Respiratory Protection and Controls markings to conform to Executive Order to Restrict internal Exposure, 12958; rnd greater specificity as to when Subpart H and Appendix A (Part 20) particular reports are required. Additionally, the term " classified matter protection plans" RIN: 3150-AF81 has been added to 10 CFR part 2.790 for the purpose of clarify. The amendments Abstract. The proposed rule would also include administrative matters such as amend the Commission's regulations by

, modified definitions to reflect a change in incorporating into Part 20 an industry I

ret jonsibility for certain decisions from the standard developed by the American Executive Director for Operations to the National Standards Institute (ANSI)

Deputy Executive C; rector for Management standard Z88.2-1992, "American National Services and revisions to a number of Standard Practice for Respiratory definitions in all four parts to reflect a Protection." The proposed changes would change in the name of the Division of eliminate the unnecessary and detrimental Security to the Division of Facilities and use of respirators by applying ALARA Security. It is, therefore, necessary to principles to the sum of the Deep Dose revise these regulations to ensure their Equivalent and the Committed Effective consistency with established national policy Dose Equivalent, or the Total Effective Dose for protection of classified information. Equivalent. The use of process or engineering controls, decontamination of Timetable: Proposed Rule Approved work areas, access control, and other by the EDO 07/31/98 procedures are stressed instead of the automatic use of respiratory protection Proposed Rule Published devices, which tend to increase external 08/03/98 63 FR 41206 dose stress.

Comment Period Closed Also, the proposed rule would allow the 10/02/98 use of new respiratory protection devices that have been proven effective, discourage Final Rule Published the use of other devices that are now 03/00/99 considered less effective, adopt new NUREG-0936 10

l NRC Regulatory Agenda Proposed Rules Assigned Protection Factors based on ANSI bienn ally. The Ccmmission and the EDO w ..mnations and revise respiratory approvec' the staff proposals in  ;

protection procedures such as fit testing to SECY-92-308, but asked that the staff reflect current industry good practice. resubmit the proposed rule to address a f Twenty-fourletters of public comment were backfit analysis. The staff proposals were received on the proposed rule. submitted to the Comrnissicn in SECY 262 in October 1995, and were published in Timetable: Proposed Rule Published the Feceral Register on May 9,1996 (61 FR 07/17/98 63 FR 38511 21105). Thirty-seven individuals provided approximately 1,000 comments. The staff Comment Period Closed has analyzed the comments and revised the ,

09/30/98 proposed rule appropriately.. The staff met with the Advisory Cornmittee on Reactor Final Rule Published Safeguards in July 1997 to discuss the 04/00/99 revised rule. The staffis preparing an analysis of the application of the backfit rule Legal Authority: 42 USC 2073; 42 to each proposed change to facilitate the USC 2093; 42 USO 2095; 42 USC 2111; 42 Commission's understanding of the issues.

USC 2133; 42 USC 2134; 42 USC 2201; 42 USC 2232; 42 USC 2236 }

Timetable: Proposed Ru:e Approved by the EDO' 03/0W93 L Effects on Small Business and Other Entities. None Proposed Rule Published k 05/09/96 61 FR 21105 I Agency

Contact:

Alan K. Roecklein, Office of Nuclear Reactor Regulation, (301) Comment Period Closed 415-3883, e-mail ajr@nec. gov 08/07/96 Final Ru!e Published

23. Fitness for Duty (Part 26) 03/00/99 RIN: 3150-AF12 Legal Authc'rity: 42 USC 2201; 42 USC 5841 Abstract. The proposed rule would
c. mend the Commission's fitness-for-duty Effects on Small Business and Other regulations. This proposed rule would also Entities. None address the petition for rulemaking submitted by Virginia Electric and Power Agency

Contact:

Ronald Albert, O'fice Company (VEPCO) (PRM-26-1), and of Nuclear Reactor Regulation, (301) address the Regulatory Review Group items 415-3216, e-mail r.ja@nrc. gov on audit frequency and annual submittal of data. VEPCO requested that the Commission amend its fitness-for-duty 24. Requirements for Possession of regulations to change the frequency that industrial Devices Containing licensees are required to audit their fitness- Byproduct Material (Part 31) for-duty programs from annually to 11 NUREG-0936

Proposed Rules NRC Regulatory Agenda 1 RIN: 3150-AG06 25. Requirements Concerning the Accessible Air Gap for Generally Abstract. The proposed rule would Licensed Devices (Parts 31 and 32) amend the Commission's regulations for the possession of industrial devices containing RIN: 3150-AD82 byproduct material to include a clear and explicit requirement that devi:e users provide information in a timely manner in Abstract- The Proposed rule would l'

response to requests made by the NRC. have amenc'ed the Commission's The provision would primarily be used to regulations to prevent unnecessary initiate a registration and accounting system radiation excosure to individuals resulting for a fraction of these general ficensees who from the use of gauging devices containing have received devices that present a radioactive sources. This proposed rule is significant risk of exposure of the publ;c or scheduled to be withdrawn because it no property damage in the event of loss cf the

, longer meets the carrent plans of the NRC device. The intent is to reduce the staff. The staff will determine from the transfe red r adv rtent y dis rded a d results of the nsk assessment whether ultimately to avoid unnecessary radiation similar rulemakings should be developed.

exposure to the public and unnecessary expense involved in retrieving the items Timetable: Proposed Rule Published particularly in the scrap metal stream as well 11/27/92 57 FR 56287 as to avoid the contamination of steel mills, metals, and waste products. Comment Period Closed Timetable: Proposed Rule Published 12/02/98 63 FR 66492 Notice of Withdrawal Published Comment Pen.od Closes 01/00/99 02/16/99 Legal Authority:

Final Rule Published 42 USC 2073; 42 USC 2093; 42 USC 08/00/99 2111; 42 USC 2232; Legal Authority: 42 USC 2201; 5842 42 USC 5841 e s n ma usiness and Ner Effects on Small Business and Other "I *' "*

Entities. Undetermined U*" Y "*

Agency

Contact:

Catherine R.

yne cCauslancl Mce of Nuclear Mattsen, Office of Nuclear Material Safety Material Safety and Safeguards, (301) and Safeguards, (301) 415-6264, e-mail -

, e-ma0mm2@nmgw crm@nrc. gov NUREG-0936 12

1 NRC Regulatory Agenda Proposed Rules j 26. Medical Uses of Byproduct Material RIN: 3150-AE97 j (Part 35)

Abstract. The proposed rule would RIN: 3150-AF74 have amended the Commission's regulations by adding regulatory Abstract. The proposed rule would requirements for shutoown operations at amend the Commission's regulations to commercial nuclear power plants. The reflect a more risk-based approach to the proposed rule was revised to incorporate regulation of the medical uses of byproduct fuel storage pool operations. In response p material. Performance-oriented to comments submitted after the proposed requirements wou'd allow licensees the rule was published, the staff rewrote the flexibility to develop procedures tippropriate rule, the statement of consideration, the to their uses of byproduct materistl. The revision would address training and regulatory analysis, and the regulatory experience requirements for authorized guide. The approach for the rule was users, RSOs, and physicists. This initiative revised to be more performance based (for willinclude development of associated shutdown operations), to reflect risk-guidance. Changes to part 35 may impact informed decisions, and to address public on and require changes to other ps ris of comments for shutdown and spent fuel Title 10 of the Code of Federal Regulations. storage pool operations. The staff forwarded the revised proposed rule to the Timetable: Proposed Rule PJblished Commission in July 1997. In a Staff 08/13/98 63 FR 43516 Requirements Memorandum dated December 11,1997, the Commission Comment Period Closed directed that the staff not proceed further 12/16/98 63 FR 64829 with this rulemaking; therefore, the staff plans to withdraw this proposed rule.

Final Rule Published 08/00/99 Timetable: EDO Approved Proposed Rulemaking Legal Authority: 42 USC 2111; 42 07/93 USC 2201: 42 USC 2232; 42 USC 2233; 42

) USC 5841 Proposeo Rule Published 10/19/94 59 FR 52707 Effects on Small Business and Other Entities. None Comment Period Closed 02/03/95 Agency

Contact:

Cathy Haney, Office of Nuclear Material Notice of Withdrawal Safety and Safeguards, (301) 415-6825, e- Published mail exh@nrc. gov 02/00/99 Legal Authority: 42 U.S.C. 2201,42 -

27. Shutdown and Fuel Storage Pool U.S.C. 5841 Operation at Nuclear Power Plants (Part 50) Effects on Small Business and Other Entities. None 13 NUREG-0936

Proposed Rules NRC Regulatory Agenda j l Agency

Contact:

Tim Collins, Office of Comment Period Closed Nuclear Reactor Regulation, (301) 415- 10/14/97 2895, e-mail tec@nrc. gov ,

Final Rule Published 04/00/99 l 28. Audit Frequency for Emergency l

Planning and Security (Part 50) Legal Authority: 42 USC 2201; 42 USC 5841 RIN: 3150-AF63 l Effects on Small Business and Other <

Abstract. The proposed rule would Entities. None j amend the Commission's regulations by changing the frequency with which Agency

Contact:

licensees conduct independent reviews and Sandra D. Frattali, Office of Nuclear audits of their safeguards contingency Reactor Regulation, (301) 415-3703, e-mail plans, security programs, and emergency sdf@nrc. gov preparedness programs. The regulations would be revised to require that licensees conduct program reviews and audits at least 29. Industry Codes and Standards; every 24 months. The proposed rule would Amended Requirements (Part 50) also cluify that the necessity for more frequent, focused audits be based on an RIN: 3150-AE26 assessment by the licensee against performance indicators or a significant Abstract. The proposed rule would change in personnel, procedures, amend the Commission's regulations that equipment, or facilities. The proposed incorporate by reference Section lll of the changes would promote performance- ASME Boiler and Pressure Vessel Code based, rather than compliance-based (ASME BPV Code) for construction of review and audit activities. Also, the Class 1,2, and 3 components in nuciear proposed changes would clarify that power plants, and use of Section Xi of the programs must be reviewed and audited ASME BPV Code for inservice inspection following a significant change in personnel, (ISI) and inservice testing (IST) of those procedures, or equipment as soon as components. Section 50.55a requires that reasonably practicable, but no later than 12 each licensee update its ISI and IST months after the changes. The prpose of programs every 120 months to conform to these focused audits would be to ensure the latest edition of the ASME BPV Code that changes have not adversely affected eridorsed by the NRC in that section of the the operation of the particular program regulations. The rulemaking would also element or function in question. This include expedited implementation of Section proposed rule also addresses PRM-50-59 XI Appendix Vlli, Performance and PRM-50-60 submitted by Virginia Demonstration for Ultrasonic Examination Electric and Power Company. Systems. In addition, the proposed rule would incorporate by reference the ASME Timetable: Proposed Rule Published Operation and Maintenance (OM) Code to 07/31/97 62 FR 40978 replace the Section XI requirements for IST.

The latter action is made necessary by the NUREG-0936 14

NRC Regulatory Agenda Proposed Rules ASME Code changes that transferred all the rule was significantly revised, it is being responsibility for IST from Section XI to the reissued as a proposed rule.

ASME Operation and Maintenance Committee. Timetable: Proposed Rule Published 04/23/98 63 FR 20136 Timetable. Proposed Rule Published s

12/03/97 62 FR 63892 Comment Period Closed 05/26/98 Comment Period Closed r 03/03/98 Final Rule Published 02/00/2000 l Final Rule Published egal Authority: 42 USC 2201; 42 USC Legal Authority: 42 USC 2201; 42 USC 5841 Effects on Small Business and Other Entities. None Effects on Srnall Business and Other Entities. None Agency

Contact:

Satish K. Aggarwal, Office of Nuclear Reactor Regu!af. ion, (301)

Agency Contoct: Thomas 415-6005, e-mail ska@nrc. gov Scarbrough, Office of Nuclear Reactor Regulation, (301) 415-2794, e-mail tgs@nrc. gov 31. Requirements for Monitoring the Effectiveness of Ma'ntenance at Nuclear Power Plants (Part 50)

30. Codes and Standards;IEEE National Consensus Standard (Part 50) RIN: 3150-AF95 RIN: 3150-AF96 Abstract. The Commission has directed the staff to prepare a modification l

Abstract. The proposed rule would to the maintenance rule to require that amend the' Commission's regulations to safety assessments be taken into account incorporate by reference IEEE Std. 603- before performing maintenance activities.

1991, " Criteria for Safety Systems for Currently, the rule recommends (vs.

Nuclear Power Generating Stations," a requires) that safety assessments be national consensus standard for power. performed for preventive maintenance instrumentation, and control portions of activities. The intent of this part of the rule safety systems in nuclear power plants.

This action is necessary to endorse the is to assure that the cumulative impact of latest version of th,si national consensus out-of-service e4uiPment on the standard in NRC's regulations. The Performance of safety functions does not Commission published a direct final rule on result in the plant being picced in risk-October 17,1997 (63 FR 53933). However, significant configurations. Results of the the direct final rule was withdrawn due to staFs maintenance rule baseline the significant number of adverse comments inspections indicated that many licensee's received and has been revised. Because processes for conductirig safety 15 NUREG-0936

I Proposed Rules NRC Regulatory Agenda i assessment are inadequate and in some differences in interpretation of requirements cases, implementation of these processes within the nuclear community so that were not followed during preventive changes which might affect the basis for maintenance activities and resulted in licensing are reviewed prior to undesirable plant configJrations. The implementation, without also subjecting less proposed amendment would be designated as significant changes to the license 50.05(a)(4). Additionally, the rule would be amendment review process. In an SRM  ;

changed to add that the requirements are dated April 25,1997, the Commission applicable during all conditions of plant directed the staff to develop a rulemaking operation, including normal shutdown plan that would not require prior approval for 5 conditions. changes involving small or negligible increases in probability of occurrence or TimetAle: Proposed Rule Published consequences of accidents or malfunction.

09/30/98 63 FR 52201 Timetable: Rulemaking Approved Comment Period Closed by the EDO 12/14/98 09/10/97 Final Rule Published Proposed Rule Published 04/00/99 10/21/98 63 FR 56098 Legal Authority: 42 USC 2201; 42 USC Comment Period Closed 5841 12/21/98 Effects on Small Business and Other Final Rule Published Entities. None 09/00/99 Agency

Contact:

Richard Correia, Legal Authority:

Office of Nuclear Reactor Regulation, (301) 42 USC 2201; 42 USC 5841 415-1009, e-mail rpc@nrc. gov Effects on Small Business and Other Entities. None

32. Changes, Tests and Experiments (Part 50) Agency

Contact:

Eileen McKenna, Office of Nuclear Reactor Regulation, (301)

RIN: 3150-AF94 415-2189, e-mail emm@nrc. gov Abstract. The proposed rule would amend the Commission's regulations 33. Financial Protection Requirements concerning authority of licensees for for Permanently Shutdown Nuclear protection or utilization facilities to make Power Reactors (Parts 50 and 140) changes to their facilities or procedures, without prior NRC approval. The proposed RIN: 3150-AF79 rule would clarify the criteria that determine when prior approvalis needed. The Abstract. The proposed rule would purpose of the rulemaking is to resolve amend the Commission's regulations to NUREG-0936 16

l i

NRC Regulatory Agenda Proposed Rules allow nuclear reactor licensees to reduce RIN: 3150-AA31 onsite and offsite liability coverage dJring permanent shutdown of the reactors if they Abstract. The direct final rule will meet specified reactor configurations. This amend the Commission's regulations by proposed amendment would reduce the adding estimates of releases of Radon-222 level of insurance coverage commensurate and Technetium-99 from activities in the with the risk reduction after the appropriate nuclear fuel cycle to its Table of Uranium spent fuel cooling period following Fuel Cycle Environmental Data (Table S-3) permanent shutdown of the reactor. This in 10 CFR Part 51. This amendment is rule will also address a petition for necessary so that Tables S-3 and S-4 will rulemaking submitted by the North Carolina conform to the final rule of 10 CFR Part 51, Public Utility Commission (PRM-50-57). " Environmental Review for Renewal of Nuclear Power Plant Operating Licenses,"

Timetable: Proposed Rule Published (December 18,1996; 61 FR 66537), which 10/30/97 62 FR 58690 will assure that Table S-3, which is used to address environmental impacts in light-Comment Period Closed water-cooled nuclear power reactor (LWR) 01/13/98 licensing and relicensing proceedings, is sufficiently comprehensive to obviate the Proposed Rule need for case-by-case consideration of Republished either technetium and radon emissions or 09/23/98 63 FR 50815 environmental effects of higher enrichment fuel and higher fuel burnup in licensing Comment Period closed actions. This amendment will also clarify 11/09/98 the meaning and intent of the term "zircaloy" as used in 51.52(a)(2) pertaining to Final Rule Published cladding. The term "zircaloy" has been 06/00/99 changed to " zirconium alloy." Although the changes are administrative in nature, a Legal Authority: 42 USC 2201; direct final rule will be used to allow the 42 USC 5841 opportunity for public comment. The direct final rule will be placed on the FedWorld Effects on Small Business and Bulletin Board at the time it is published in Other Entities. None the Federal Register to enhance the ability for public input.

Agency

Contact:

George Mencinsky, Office of Nuclear Reactor Timetable: Proposed Rule Published Regulation, (301) 415-6206, e-mail 03/04/81 46 FR 15154 gjm@nrc. gov Comment Period Closed 05/04/81

34. Addition of Radon-222 and Technetium-99 Values to Table Direct Final Rule S-3 and Revisions Resulting from Published Consideration of Higher-Burnup Undetermined Fuel (Part 51) 17 NUREG-0936

Proposed Rules NRC Regulatory Agenda Legal Authority: 42 USC 2011; examinations conducted before and since 42 USC 2201; 42 USC 4321; 42 USC 5841; initiating the pilot program, and voluntary 42 USC 5842 participation in the program has allowed the NRC to eliminate approximately $3 million Effects on Small Business and per year in contractor support for the Other Entities. None operator licensing programs. This rule will enable facility licensees to exercise more

)

Agency

Contact:

Sandra Frattati, control over the cost of licensing operators Office of Nuclear Reactor Regulation, (301) at their facilities. Some licensees have 415-3703, e-mail sdf@nrc. gov saved money during the pilot program, but others have had more costly examinations, largely because the examinations they

35. Initial Operator License submitted for NRC review and approval Examination Requirements required extensive revisions to achieve (Part 55) NRC standards for quality and level of difficulty.

RIN: 3150rAF62 Timetable: Proposed Rule Published Abstract. The proposed rule would 08/07/97 62 FR 42426 amend the Commission's regulations to require power reactor facility licensees to Comment Period Closed prepare the written examinations and 10/21/97 operating tests, and to proctor and grade the written examinations, that the NRC uses Final Rule Published to license operators and senior operators at 03/00/99 those facilities. The proposed rule would also require the NRC to review and approve Legal Authority: 42 USC 2201; each examination and test before it is given 42 USC 5841 and preserve the NRC's authority to prepare the examinations and tests, as necessary, Effects on Small Business and to maintain examination quality and staff Other Entities. None proficiency. This rule is not expected to affect reactor safety. Agency

Contact:

Siegfried Guenther, Office of Nuclear Reactor Although a 1994 industry proposal to Regulation, (301) 415-1056, e-mail implement such a program on a voluntary sxg@nrc. gov basis was rejected by the NRC, subsequent budget reductions prompted the NRC to reconsider its position. In 1995, the 36. Miscellaneous Changes (Part 72)

Commission approved a voluntary pilot program to evaluate the revised RIN: 3150-AF80 examination process and, in 1996, directed the staff to initiate the subject rulemaking. Abstract. The proposed rule would The results of the pilot examinations amend the Commission's regulations to conducted through the end of FY 1997 are correct a number of inconsistencies and consistent with results of NRC-prepared clarify the applicability of several sections of NUREG-0936 18

NRC Regulatory Agenda Proposed Rules Part 72. The proposed rule would action for submitting to the NRC information differentiate the requirements for the that is not complete and accurate in all storage of spent fuel under wet and dry material respects. Because of these limited conditions, clarify requirements for the specific requirements in Part 72 for parties other than licensees, the Comm,ssion i has content and submission of various reports and specify that quality assurance records been unable to issue notices of violation to

, other parties involved in ISFSI safety-related g . must be maintained as permanent records. functions. The staff believes there may be The Purpose and Scope would also be safety consequences resulting from this amended to reference the spent fuel storage weakness. The ability to issue notices of f cask approval process and to delete violation to these parties would improve the obsolete information. effectiveness of the NRC's inspection and enforcement programs in assuring Timetable: Proposed Rule Published compliance with ice Commission's regulations.

06/09/98 63 FR 31364 Timetable: Proposed Rule Published Comment Period Closed 07/23/98 63 FR 39526 08/24/98 m ent Period Closed Final Rule Published f0 05/00/99 Fina ute Published Legal Authority: 42 USC 2201; 42 0 USC 5841 Legal Authority: 42 USC 2201; 42 Effects on Small Business and USC 5841 Other Entitles. None Effects on Small Business and Agency

Contact:

Mark L. Au, Office Other Entities. Yes of Nuclear Material Safety and Safeguards, (301) 415-6181, e-mail mla@nrc. gov Agency

Contact:

Tony DiPalo, Office of Nuclear Material Safety and Safeguards,

37. Expand Applicability to include Additional Parties (Part 72)
38. Elimination of 30-Day Delay in RIN: 3150-AF93 Loading Spent Fuel After Preoperational Testing (Part 72)

Abstract. The proposed rule would ~

amend the Commission's regulations by correcting a weakness in 972.11 by RIN: 3150-AG02 expanding its scope to include holders of and applicants for certificates of compliance; Abstract. The proposed rule would fabricators, designers, and vendors of amend the Commission's regulations by casks; their employees; and the employees shortening or eliminating the 30-day delay

( of their contractors, subcontractors, and for the loading of spent reactor fuelinto an consultants. The correction would clarify Independent Spent Fuel Storage Installation that they may be subject to enforcement (ISFSI) following completion of 19 NUREG-0936

i Proposed Rules NRC Regulatory Agenda preoperationaltesting. The staff considers processes that should be revised and the extent of this time delay to be excessive improved so that they are more effective and unnecessary because the NRC has an and efficient. This proposed rulemaking extensive oversight presence during would modify the process for certificate preoperational testing looking at the. renewals, establish a process for certificate I acceptance enteria and test results 1n real time. The staff will propose shorten,ng i or amendment comparable to the process i removing this requirement. currently used to amend a fuel cycle license, ,

revise the appeal process for amendments, Timetable: Proposed Rule Published eliminate the significant designation for 09/14/98 63 FR 49046 amendments, simplify the criteria for persons who are eligible to file a petition for Comment Period Closed review of an amendment action, remove 11/30/98 references to the initial application because the initial certificates have been issued, and Final Rule Published lengthen the time periods associated with 07/00/99 filing a petition for review.

Legal Authority: 42 USC 2201; 42 Timetable: Proposed Rule Published USC 5841 09/15/98 63 FR 49301 ,

Effects on Small Business and Comment Period Closed Other Entities. None 11/16/98 Agency

Contact:

Gordon Final Rule Published Gundersen, Office of Nuclear Material 10/00/99 Safety and Safeguards, (301) 415-6195, e-mail geg1@nrc. gov Legal Authority: 42 USC 2152; 42 USC 2201; 42 USC 2243(f); 42 USC 2297b-11; 42 USC 2297f; 42 USC 5841; 42

39. Cedification Renewal Amendment USC 5842; 42 USC 5845; 42 USC 5846; 42 Processes (Part 76) USC 2243(a); 42 USC 5851 RIN: 3150-AF85 Effects on Small Business and Other Entitles. None Abstract. The proposed rule would amend the Commission's regulations that Agency

Contact:

John L.

apply to gaseous diffusion plants. In 1994, Telford, Office of Nuclear Material Safety these regulations established the process and Safeguards, (301) 415-6229, e-mail by which the NRC would assume regulatory jlt@nrc. gov authority for the Paducah and Portsmouth Gaseous Diffusion Plants. These plants first came under NRC oversight on March 3, 40. Criteria for an Extraordinary 1997. While implementing the initial Nuclear Occurrence (Part 140) certification and amendment processes specified in the 1994 regulations, the NRC RIN: 3150-AB01 staff identified several areas in these NUREG-0936 20

NRC Regulatory Agenda Proposed Rules Abstract. The proposed rule would Abstract. The proposed rule would revise the criteria for an extraordinary amend the Nuclear Regulatory Commission nuclear occurrence (ENO) to eliminate the Acquisition Regulation (NRCAR) for the problems that were encountered in the procurement of goods and services within Three Mile Island ENO determination. The the NRC to satisfy the particular needs of the agency. The proposN rule would Commission has determined that this incorporate streamlining and simplification rulemaking is unnecessary, and plans to methods identified under the NRC's withdraw this proposed rule. Procurement Reinvention Laboratory (PRL)

' and legislated under the Federal Acquisition Timetable: Proposed Rule Published Streamlining Act of 1994 (FASA), the 04/09/85 50 FR 13978 Federal Acquisition Reform Act of 1996 (FARA), and the Information Technology Comment Period Closed Management Reform Act (ITMRA) of 1996.

09/06/85 The intent of the FASA, FARA, and ITMRA is to streamline procurement processes within the Federal Government.

Notice of Withdrawal imp!ementing instructions are Published needed for some of these processes. In Undetermined addition, the NRC's PRL would require the NRC to streamline and simplify procedures Legal Authority: 42 USC 2201; 42 in the NRCAR whenever possible.

USC 2210; 42 USC 5841; 42 USC 5842 Timetable: Proposed Rule Published Effects on Small Business and 12/08/98 63 FR 67726 Other Entities. None Final Rule Published 08.'00/99 Agency

Contact:

Harry Tovmassian, Office of Nuclear Reactor Regulation, (301) Legal Authority: 48 CFR Chapter 1; 415-6231, e-mail hst@nrc. gov 41 USC 251 note; 42 USC 251 note; 40 USC 1401 note

41. Nuclear Regulatory Commission Other Ent ties. Ye Acquisition Regulation (48 CFR Chapter 20) Agency

Contact:

Mary Lynn Scott, Office of Administration, (301)

RIN: 3150-AF52 415-6179, e-mail mis 2@nrc. gov 21 NUREG-0936

(C) ADVANCE NOTICES OF PROPOSED RULEMAKING

~ ~ ~ ~ ~ - ._

1 l

1 1

E

I NRC Regulatory Agenda ANPRMs

42. Disposal by Release into Sanitary and Safeguards, (301) 415-6416, e-mail Sewerage (Part 20) amhl@nrc. gov RIN: 3150-AE90
43. Modification to Event Reporting Abstract. The advance notice of Requirements for Power Reactors
  • proposed rulemaking (ANPRM) was (Part 50) i published to request public comment, l information, and recommendations on RIN: 3150-AF98 l contemplated amendments to the Commission's regulations governing the Abstract. The advance notice of release of radionuclides from licensed proposed rulemaking (ANPRM) was nuclear facilities into sanitary sewer published to request public comment on the systems. The Commission believes that by Commission's event reporting requirements incorporating current sewer treatment for nuclear power reactors contained in technologies, the contemplated rulemaking { 50.72 and 50.73. The rulemaking would would improve the control of radioactive reduce or eliminate the reporting burden materials released to sanitary sewer systems associated with events oflittle or no risk or by licensed nuclear facilities. Currently, safety significance, and better align the rules NRC and EPA are planning a survey of with the NRC's current needs, including publicly owned treatment works to develop revising reporting requirements based on a better understanding of the levels of importance to risk and extending the radioactive materials present in sewage required reporting times consistent with the sludge and ash. This information is being need for prompt NRC action.

collected to support NRC and EPA rule and policy making activities. This rulemaking Timetable: ANPRM Published would also address a petition for rulemaking 07/23/98 63 FR 39522 (PRM-20-22) submitted by the Northeast Ohio Sewer District (October 20,1993; Comment Period Closed 58 FR 54071). 09/21/98 Proposed Rule Published Timetable: ANPRM Published 05/00/99 02/25/94 59 FR 9146 Final Rule Published Comment Period Closed 02/00/2000 05/26/94 Leg.d Authority: 42 USC 2201; 42 Proposed Rule Published USC S41

{

Undetermined l

Effects on Small Business and Other <

Legal Authority: 42 USC 2201; 42 Entities. None USC 5841 l l

l Agency

Contact:

Dennis P. Allison, Effects on Small Business and Other Office of Nuclear Reactor Regulation, (301)

Entities. None 415-6835, e-mail dpa@nrc. gov Agency

Contact:

Anthony M.

Huffert, Office of Nuclear Material Safety 23 NOREG-0936 .

)

l l

l l

f l

, l 1

l

)

1 l

(D) UNPUBLISHED RULES 1

l

NRC Regulatory Agenda Unpublished Rules

44. Availability of Public Records At The LPDR program will be discontinued; NRC Public Document Rooms
  • however, the PDR in Washington, D.C., will (Parts 1, 2, 7, 9, 50, 52, 60, 62, 72, still kcep pre-ADAMS paper and microfiche 75,76,100, and 110) records onsite and available to the public for viewing and copying. The PDR will also RIN: 3150-AG07 have computer terminals available for the public to access new documents on the Abstract. The proposed rule NRC web site.

would revise references to the NRC Public Document Room (PDR) and Local Public Timetable: Proposed Rule Published Document Rooms (LPDRs)in the 03/00/99 Commission's regulations to reflect the discontinuance of placement of paper and Final Rule Published microi;cha copies of its publicly available 07/00/99 records in the NRC PDR, located in Washington, D.C., and the LPDRs located Legal Authority: 42 USC 2201; 42 near nuclear power plants and other nuclear USC 5841 facilities. NRC will establish the Agency wide Documents Access and Management Effects on Small Business and Sys cm (ADAMS), NRC's new electronic Other Entities. None records management system, that will allow for the electronic submission, storage, and Agency

Contact:

Russell A.

retrieving of all NRC official records. The Powell, Office of the Chief Information rule would announce that, under ADAMS, all Officer, (301) 415-6527, e-mail publicly available records will be made rap 1@nrc. gov accessible electronically on the NRC Internet Web site. The public would be able to obtain paper copies of new electronic

45. Submittal Procedures for records by printing them from the NRC Documents (Parts 19,20,30,31,32, internet Web site, by ordering them from the 34,35,36,39,40,50,51,52,55,60, PDR directly from the NRC Web site, or by 61,62,70,71,72,73,74,75,140, ordering them from the PDR using current and 150) ordering methods: in-person at the PDR, mail, e-mail, fax or by calling the PDR RIN: 3150-AF61 Reference services on the toll-free 800 telephone number. Bibliographic Abstract. The final rule will ensure descriptions of documents currently that applications and reports are captured identified in the PDR's Bibliographic at a central receipt point (the Document Retrieval System and in NUDOCS would be Control Desk (DCD)), are included in the pc@d on the NRC Web site, allowing the Nuclear Documents System (NUDOCS),

public tc c!so order copies of pre-ADAMS and are distributed on a more timely basis paper and microfiche recordt that have to the appropriate NRC staff, public been available from LPDRs. document rooms, and official file centers.

Part 50 requires licensee and applicant 25 NUREG-0936 l

Unpublished Rules NRC Regulatory Agenda submittals to be addressed to a central dispatched to the appropriate official file receipt point, and :opies to be sent to the stations for retention and retrieval.

Regiet .: Ad"ninistrator and Resident inspector, when appropriate. Extending The initial date to publish the rule was these requirements to submittals made not met because of the need to resolve under other parts in 10 CFR Chapter I would issues raised by the Office of Nuclear simplify and, to a great extent, standardize Material Safety and Safeguards with regard submittal procedures for NRC licensees and to the OClO possibly inadvertently improve the effectiveness of NRC's modifying the regulations to impose written document control and distribution activities. submittals where they currently are optional, The final rule will also codify provisions for and the OClO's concern that the rule would the electronic submittal of documents, by slow down the processing of license fee incorporating a section into each 10 CFR payments. In addition, the scope of the rule Part (consistent with the current 10 CFR with regard to electronic submittals is being

! Part 50) to allow licensees and applicants to expanded to accommodate the objective of make individual requests to the Office of the the Commission-approved Agency-wide Chief Information Officer (OClO) for Documents Access and Management approval to make submittals electronically System (ADAMS) to receive aileast 50% of and facilitate agency compliance with the externally generated documents in Paperwork Reduction Act of 1995 and OMB electronic format by FY 2001. The rule will Circular A-130 (Revised February 8,1996). give licensees the option to make submittals electronically using acceptable criteria and improving the communications standards that would be incorporated into process and disseminating and storing the rule.

complete and accurate records is mutually beneficial to the NRC, licensees, and Timetable: Final Rule Published members of the public. The final rule will 10/00/99 require some NRC licensees and applicants to revise the mailing address for Legal Authority: 42 USC 2201; applications, reports, and other written 42 USC 5841 communications transmitted to the NRC.

This should result in minimal administrative Effects on Small Business and burden for those affected. However, Other Entities. Yes because the rule is expected to simplify submittal procedures, licensees and Agency

Contact:

Michael D.

applicants should experience an overall Collins, Office of the Chief Information reduction in photocopying and postage Officer, (301) 415-2488, e-mail costs. The rule will benefit NRC and mdc1@nrc. gov members of the public because better control of the documents entering the NRC would ensure that they are distributed to 46. Allow Use of Personnel .

NRC staff, entered into NUDOCS, provided Dosimeters That Are Processed to the NRC Public Document Room and Using a New Dosimeter Readout Local Public Document Rooms, and Technology * (Parts 20,34,36, and 39)

NUREG-0936 26

p..

NRC Regulatory Agenda Unpublished Rules RIN: 3150-AG21 basis accident analyses with a revised source term. This revised source term was Abstract: The direct final rule will developed from the results of a major amend those affected parts of the research effort to obtain a better Commission's regulations for use of understanding of fission-product transport personnel dosimeters that require and release mechanisms in light-water-processing to determine the radiation dose reactors under severe accident conditions.

received by the person wearing the This action would allow interested licensees dosimeter. The purpose of the present rule to pursue cost beneficial licensing actions to is to approve the use of personnel reduce regulatory burden without dosimeters that employ a different comprising the margin of safety of the technology for storing radiation energy and facWty. The Commission is also proposing require a different technology for processing to amend its regulations to revise certain the dosimeter to determine the radiation sections to conform with a final rulemaking dose received, provided that the processor published on December 11,1996 is NVLAP-accredited. The rule will also (61 FR 65157).

require retention of records from the dosimetry processor for dosimeters us;ng Timetable: Proposed Rule Published this different technology. 02/00/99 Timetable: Direct Final Rule Final Rule Published Published 09/00/99 08/00/99 Legal Authority: 42 USC 2201; 42 Legal Authority: 42 USC 2201; USC 5841 42 USC 5841; 42 USC 2073. 2111 Effects on Small Business and other Effects on Small Business and Entities: None Other Entities: Undetermined Agency

Contact:

S. F. LaVie, Office Agency

Contact:

Donald Nellis, of Nuclear Reactor Regulation, (301)

Office of Nuclear Material Safety and 415-1081, e-mail sfl@nrc. gov Standards, (301) 415-6257, e-mail don @nrc. gov

48. Application for Specific Licenses *

(Part 30)

47. Revised Source Term Use at Operating Reactors * (Parts 21 RIN: 3150-AG13 and 50)

Abstract. The direct final L.e will RIN: 3150-AG12 amend the Commission's regulations in 10 CFR 30.32(g) to include specific information Abstract. The proposed rule would on an application for a specific license to amend the Commission's regulat:nns to use byproduct materialin the form of a allow holders of operating licenses for sealed source or in a device that contains nuclear power plants to voluntarily replace the sealed source. The information that the traditional source term used in design licensees are required to provide is the 27 NUREG-0936 L_ - -

Unpublished Rules _

NRC Regulatory Agenda identity of the source or device, by reporting requirements for manufacturers manufacturer and model number, as and initial distributors of these industrial registered with the Commission under 10 devices. The rule would also consider other CFR 32.210, or with an Agreement State. recommendations made by an NRC The revision to 10 CFR 30.32(g) wi;l Agreement State Working Group in eliminate the prescriptive requirements NUREG-1551, such as additional labeling associated with supplying specific requirements. The proposed rule is information about the source or device, and intended to ensure that general licensees instead will require the licensee to commit to are aware of and understand the requirements for the possession of devices using only sealed sources or devices that containing byproduct material and allow are registered with the NRC under 10 CFR NRC to account for devices that have been 32.210, or with an Agreement State. distributed for use under the general I ense. Better awareness on the part of Timetable- - Direct Final Rule generallicensees of their responsibilities Published would help to ensure that the general 07/00/99 licensees comply with the requirements for proper handling and disposal of generally Legal Authority: 42 USC 2111, licensed devices and should help reduce 2112,2201,2232,2233,2234,2236,2237, the potential for incidents that could result in 2282; 42 USC 5841,5842,5846; 42 USC unnecessary radiation exposure to the 5851 public as well as contamination of property.

Effects on Small Business and Timetable: Proposed Rule Published Other Entities. None 06/00/99 Agency

Contact:

Jayne M. Final Rule Published McCeusland, Office of Nuclear Material 06/00/2000 Safety and Safeguards, (301) 415-6219, e-mail jmm2@nrc. gov Legal Authority: 42 USC 2201; 42 USC 5841

49. Requirements for Certain Effects on Small Business and Generally Licensed Industrial Other Entities. Undetermined Devices Containing Byproduct Ma erial (Parts 30,31,32,170, Agency

Contact:

Catherine R.

Mattsen, Office of Nuclear Material Safety RIN: 3150-AG03 and Safeguards, (301) 415-6264, e-mail crm@nrc. gov Abstract. The propose 1 rule would amend the Commission's regulilions for certain industrial devices contair ing 50. Energy Compensation Sources for byproduct material to include tr.are specific Well Logging * (Part 39) provisions for a registration and accounting program including associated annual fees RIN: 3150-AG14 and modification of the quarterly transfer NUREG-0936 28

_ _ _ _ _ _ - _ _ _ _ _ ._ l

NRC Regulatory Agenda Unpublished Rules Abstract. The proposed rule Effects on Small Business and would amend the Commission's regulations Other Entities. Yes to allow small energy compensation sources (ECS) used for well logging to be treated Agency

Contact:

Mark Haisfield, differently than welllogging sources. Since Office of Nuclear Material Safety and Part 39 was written, the industry has Safeguards, (301) 415-6196, e-mail developed new technology that allows mfh@nrc gov i logging operations to be done concurrently with drilling. Even newer technology j separates the ECS and the logging tool from 51. Emergency Planning Requirements I the larger logging source to allow easier for Permanently Shutdown Nuclear retrieval of the logging source in the event Power Plant Sites and Non-Power the drill stem becomes unretrievable. This Reactors (Part 50) technology requires an additional small source (less than 0.0001 Curie) versus the RIN: 3150-AF92 normal 3 to 20 Curie welllogging sources.

Many requirements in Part 39 are not Abstract. The proposed rule appropriate or necessary for protecting would amend the Commission's regulations public health and safety and the by providing relief from emergency planning environment for ECS. However, because requirements for permanently shutdown Part 39 did not envision these small nuclear power plant and non-power reactor sources, the requirements were not written sites based on the reduced risks associated to allow variations in the requirements with the configuration of the stored fuel and based on the source. The rulemaking would the passage of time since power operation.

modify the regu!ations in Pad 39 to define These factors, under specified conditions, ECS and provide appropriate regulations for result in significantly reduced accident risk their use in welllogging. The change would and consequences and, therefore, not reduce regulatory burden with minimal warranting emergency plans devised for full impact to public health and safety. In power operations.

addition, there are other sections that would be changed to improve, clarify, and update Timetable: Proposed Rule Published Pad 39. 06/00/99 Timetable: Proposed Rule Published Final Rule Published 05/00/99 03/00/2000 Final Rule Published Legal Authority: 42 USC 2201; 42 04/00/2000 USC 5841 Legal Authority: 42 USC 2201; 42 Effects on Small Business and USC 5841 Other Entities. None 1

29 NUREG-0936 l

\ ..

Unpublished Rules NRC Regulatory Agenda Agency

Contact:

George J. RIN: 3150-AG20 Mencinsky, Office of Nuclear Reactor Regulation, (301) 415-6206, e-mail Abstract. The direct final rule will gjm@nrc. gov amend the Commi sion regulations to permit nuclear power plant licensees to change their quality programs described or

52. Use of Potassium lodide (KI) by the referenced in a licensee's Safety Analysis General Public After a Severe Report (SAR) without prior NRC approval Accir' Nuclear Power Plant
  • under spacified conditions. The amendment (Pc ., willimprove the regulatory process through a more efficient use of agency and industry RL ;i' ,G11 resources. The rulemt:dng will also address a petition for rulemaking from Abst.. t. The proposed rule Nuclear Energy Institute (PRM-50-62).

would amend the Commission's regulations to require that consideration be given to Timetable: Direct Final Rule include potassium iodide (KI) in conjunction Published with sheltering and evacuation as a 04/00/99 protective measure for the general public.

The proposed rulemaking would resolve two Legal Authority: 42 USC 2201; 42 petitions for rulemaking from Peter Crane USC 5841 (PRM-50-63 and 50-63A).

Effects on Small Business and Timetable: Proposed Rule Published Other Entities. None 02/00/99 Agency

Contact:

Robert Gramm, Final Rule Published Office of Nuclear Reactor Regulation, (301) 11/00/99 415-1010, email rag @nrc. gov Legal Authority: 42 USC 2201; 42 USC 5841 54. Fire Protection; Elimination of Requirement for Non-Combustible Effects on Small Business and Penetration Seal Materal and Other Other Entitles. None Minor Changes * (Part 50, Appendix R)

Agency

Contact:

Michael Jamgochian, Office of Nuclear Reactor RIN: 3150-AG22 Regulation, (301) 415-3224, e-mail .<

mtji@nrc. gov Abstract. The proposed rule would amend the Commission's regulations to eliminate the requirement for non-

53. Quality Assurance Programs

(Part 50) Based on a detailed review, as documented in Section 7 of NUREG-1552, Supp.1, the NUREG-0936 30

f NRC Regulatory Agenda Unpublished Rules NRC staff found that Section Ill-M of rule, " Lessons Learned from Design Appendix R applied only to 15 nuclear Certification,"(RIN 3150-AG24). This power plants. For 14 of these plants, the proposed rule is scheduled to be published requirements of Section lil-M had been in the Federal Register in October 1999.

resolved by the licensees or were no longer applicable. In SECY-96-146, the staff Timetable: Proposed Rule Published i

Undetermined 5 recommended the deletion of the noncombustibility criterion for penetration Legal Authority: 42 USC 2201; 42 g seal material from Section Ill-M of Appendix USC 5841 R. The Commission approved the staff's recommendation in a June 30,1998, SRM. Effects on Small Buriness and The other minor changes which are part of Other Entities. Undetermined this rulemaking involve the deletion of schedule requirements and of a footnote Agency

Contact:

Geary S. Mizuno, that are no longer applicable. Office of Nuclear Reactor Regulation, (301) 415-3145, e-mailjnw@nrc gov Timetable: Proposed Rule Published 09/00/99 56. EnvironmentalImpacts of High-Level Waste Transportation Final Rule Published (Part 51) 06/00/2000 Legal Authority: 42 USC 2201; 42 USC 5841 Abstract. The proposed rule would )

amend the Commission's regulations to.

Effects on Small Business and reflect the generic and cumulative l Other E. itities. None environmentalimpacts of transportation of l high level waste (HLW) in the vicinity of a j Agency

Contact:

Daniele Oudinot, HLW repository. This rulemaking would i

Office of Nuclear Reactor Regulation, (301) address the environmentalimpacts of the use of higher burn-up fuel. Further, the 415-3731, e-mail dho@nrc. gov impact of plant associated traffic on local l highway service levels during the renewal i term would be changed from Category 1 to l

55. Standardized Plant Designs, Early Category 2 as it should have been ,

Review of Site Suitability lasues; designated in the initial license renewal Clarifying Amendments (Parts 50, rulemaking, based on the analyses 52, and 140) described in NUREG-1437, " Generic ,

Environmental Impact Statement for License l RIN:

enewal of Nuclear Rants" Way 1996).

3150-AE25 Timetable: Proposed Rule Published i Abstract. The proposed rule would 02/00/99 amend the Commission's regulations by deleting Appendices M, N, O, and Q from 10 CFR Part 50. This proposed rule ,s i Final Rule Published  !

l scheduled to be subsumed by the proposed 08/00/99 l

31 NUREG-0936

Unpublished Rules NRC Regulatory Agenda Legal Authority: 42 USC 2201; 42 58. Lessons Learned form Design USC 5841 Certification * (Part 52)

Effects on Small Business and RIN: 3150-AG24 Other Entities. None Abstract. The proposed rule would Agency

Contact:

Donald P. Cleary, amend the Commission's regulations by Office of Nuclear Reactor Regulation, (301) revising the regulatory infrastructure to 415-3903, e-mail dpc@nrc. gov preparo for future applicants and involve J change to iicensing procedures. The 1 proposed rule would also subsume

57. Design Certification for AP600* rulemaking, " Standardized Plant Designs, (Part 52) Early Review of Sites Suitability issues; Clanfying Amendments"(RIN 3150-AE25),

RIN: 3150-AG23 that would remove redundant Appendices M, N, O, and Q from Part 50. These Abstract. The proposed rule would appendices are being removed because amend the Commission's regulations to they became obsolete when Part 52 was provide certification of the AP600 design. created. l Design certification rules are initiated by an applicant for design certification pursuant to Timetable: Proposed Rule Published Subpart B of Part 52. A major purpose of 10/00/99 Part 52 is to achieve early resolution of safety issues and provide a more stable and Final Rule Published predictable licensing process. 07/00/2000 Timetable: Proposed Rule Published Legal Authority: 42 USC 2201; 42 07/00/99 USC 5841 Final Rule Published Effects on Small Business and 02/00/2000 Other Entities. None Legal Authority: 42 USC 2201; 42 Agency

Contact:

Jerry Wilson, Office USC 5841 of Nuclear Reactor Regulation, (301) 415-3145, email jnw@nrc. gov Effects on Small Business and Other Entitles. None

59. Disposal of High-Level Radioactive Agency

Contact:

Jerry Wilson, Office Waste in a Proposed Geologic of Nuclear Reactor Regulation, (301) Repository at Yucca Mountain, 415-3145, email jnw@nrc. gov Nevada (Part 63)

RIN: 3150-AG04 l

NUREG-0936 32 i I

1

l NRC Regulatory Agenda Unpublished Rules l

Abstract. The proposed rule would While the NRC believes that fuel facilities l establish regulations as directed by statute operate with an adequate degree of safety, (Energy Policy Act of 1992) for the disposal the safety bases for licensing and inspection of HLW at Yucca Mountain. The proposed may have significant uncertainties.

rule would provide specific cnteria applicable to Yucca Mountain and would Performance of an ISA would narrow these state that the more genenc requirements .in uncertainties and provide increased l

the existing part 60 do not apply and cannot confidence in . the margin of safety at fuel be the subject of litigation in any NRC cycle facilities. I licensing proceeding for Yucca Mor tain.

Timetable: Proposed Rule Published Timetable: Proposed Rule Published 08/00/99 02/00/99 Final Rule Published Final Rule Published 08/00/2000 10/00/99 Legal Authority: 42 USC 2201; 42 Legal Authority: 42 USC 2201; 42 USC 2231; 42 USC 2241; 42 USC USC 5841 2282 l

Effects on Small Business and Effects on Small Business and Other Entities. None l Other Entitles. Yes l Agency

Contact:

Tim McCartin, Agency

Contact:

Andrew Persinko, Office of Nuclear Material Safety and Office of Nuclear Material Safety and i Safeguards, (301) 415-6681, e-mail Safeguards, (301) 415-6522, e-mail I tjm3@nrc. gov axpi@nrc. gov

60. Domestic Licensing of Special 61. Clarifications and Addition of Nuclear Material-Revision (Part 70) Flexibility * (Part 72)

RIN: 3150-AF22 RIN: 3150-AG15 Abstract. The proposed rule would Abstract. The proposed rule would amend the Commission's regulations to amend the Commission's regulations to provide a risk-informed performance-based clarify the applicability of Part 72 for general regulation for certain licensees authorized t possess a critical mass of special nuclear and site-specific licensees and would allow i

! material. Concurrent with this amendment, generallicensees to clearly determine which l companion support guidance documents Part 72 requirements are applicable to their j are being developed for issuance. The activities. Consequently, the NRC staff has proposed rule would require airected received several inquires from prospective licensees to conduct an integrated safety applicants requesting an interpretation of analysis to identify potential accidents at the certain provisions of Part 72. Clarification facility and the items relied on fcr safety. of which regulations are applicable to site-33 NUREG-0936 I

u

Unpublished NRC Regulatory Agenda specific and generallicensees would reduce Safeguards, (301) 415-6191, e-mail the uncerta;nty for potential licensees, and ajd@nrc. gov lessen the need for legal interpretation by NRC legal staff. The proposed rule would allow applicants for site-specific licenses to 62. Geological and Seismological use cask designs previously approved Characteristics of Spent Fuel under Part 72, Subpart K, without having to Storage Systems * (Part 72) >

submit a separate safety analysis for the cask design. Under the current regulations, RIN: 3150-AG16

~

the adequacy of the design of these previously approved t.torage casks could be Abstract. The proposed rule would '

at issue, particularly during the hearing revise the Commission's regulations process, in each site-specific license concerning seismological criteria to use a application. This rulemaking precludes the risk-informed. performanca-based staff having to expend considerable regulatory approach. This revision would resources in repeatedly re-examining and use a methodology which is consistent with defending technica! issues a! ready resolved the approaches taken in pmt 60, the new during the public rulemaking process. This proposed Part 63, and the recent revision to 3 process requests public comments which part 100. The proposed rule would also  !

will be addressed in the final rulemaking. clarify what types of geologic and seismic The rulemaking would also allow the analysis analyses a genera.'1: cense should initiation of storage cask construction perform to determine that the 6 tended provided that certain conuitions are met. spent fuel storage cask design is The staff has allowed this construction, via appropriate for the licensee's site (i.e., both exemption, before a Certificate of static and dynamic analyses).

Compliance is issued if the coristruction is performed under an NRC approved quality Timetable: Proposed Rulo Published assurance program and the applicant bears Undetermined al1 risk associated with early construction.

Timetable: Proposed Rule Published Legal Authority: 42 USC 2201; 42 USC 5841;

)

06/00/99 Effects on Small Business and Final Rule Published Other Entitles. Undetermined 05/00/2000 Agency

Contact:

Mark L. Au, OtDce Legal Authority: 42 IISC 2201; 42 of Nuclear Material Safety and Safeguards, USC 5841 (301) 4154181, e-mail mia@nrc. gov Effects on Small Business and Other Entitles. Undetermined 63. List of Approved Spent Fuel i Storaga Casks: Addition of the l Agency

Contact:

Anthony DiPalo. HOLTEC Cask (Part 72)  !

Office of Nuclear Material Safety and NUREG-0936 34 1

l NRC Regulatory Agenda Unpublished Rules RIN: 3150-AG17 Timetable: Proposed Rule Published 08/00/99 Abstract. The proposed rule would amend the Commission's regulations to Final Rule Published add the Holtec International Hi-Star 100 03/00/2000 cask system (Hi-Star) to the List of Approved Spent Fuel Storage Casks. This Legal Authority: 42 USC 2201; 42 amendment would allow the holders of USC 5841 power reactor operating licenses to store spent fuel in the Hi-Star cask system under Effects on Small Business and a general license. Other Entities. None Timetable: Proposed Rule Published Agency

Contact:

Stan Turel, 01/11/99 Office of Nuclear Material Safety and Safeguards, (301) 415-6234, e-mail Final Rule Published spt@nrc. gov 09/00/99

, Legal Authority: 42 USC 2201; 42 65. List of Approved Spent Fuel USC 5841 Storage Casks: Revision of the VECTRA NUHOMS Cask * (Part 72)

Effects on Small Business and Other Entitles. None RIN: 3150-AG19 Agency

Contact:

Stan Turel, Office Abstract. The proposed rule would of Nuclear Material Safety and Safeguards, amend the Commission's regulations to (301) 415-6234, e-mail spt@nrc. gov revise the VECTRA Gtandardized NUHOMS Horizontal Modular Storage System listing on the List of Approved Spent Fuel Storage 1 64. List of Approved Spent Fuel Casks. This amendment would allow the Storage Casks: Addition of the holders of power reactor operating licenses Transnuclear Cask * (Part 72) to store spent fuelin the revised Standardized Nuhoms Horizontal Modular RIN: 3150-AG18 Storage System under a general license.

Abstract. The proposed rule would Timetable: Proposed Rule Published amend the Commission's regulations to add 07/00/99 the Transnuclear TN-32 cask system to the List of Approved Spent Fuel Storage Casks. Final Rule Published This amendment would allow the holders of 02/00/2000 power reactor operating licenses to store spent fuel in the TN-32 cask system under a Legal Authority: 42 USC 2201; 42 generallicense. USC 5841 35 NUREG-0936

Unpublished NRC Regulatory Agenda Effects on Small Business and through the assessment of fees. The dollar Other Entities. None amount to be recovered for FY 1999 is approximately $449.6 million. The Act Agency

Contact:

Stan Turel, Office requires that the fees for FY 1999 must be of Nuclear Materials Safety and Safeguards, collected by September 30,1999.

(301) 415-6234, e-mail spt@nrc. gov Therefore, the final rule is to become effective by July 30,1999.

66. Revision of Fee Schedules; 100% Timetable: Proposed Rule Published Fee Recovery, FY 1999* (Parts 170 03/00/99 and 171) <

l Final Rule Published RIN: 3150-AG08 05/00/99 Abstract. The proposed rule would Legal Authority: 42 USC 2201; 42 amend the licensing, inspection, and annual USC 5841 fees charged to NRC licensees and applicants for an NRC license. The Effects on Small Business and amendments are necessary to recover Other Entities. Yes approximately 100 percent of the NRC budget authority for Fiscal Year 1999 less Agency

Contact:

Glenda C. I the amount appropriated from the Nuclear Jackson, Office of the Chief Financial Waste Fund and the General Fund. The Officer, (301) 415-6057, e-mail gcj@nrc. gov Omnibus Budget Reconciliation Act of 1990, as amended, requires that the NRC accomplish the 100 percent recovery NUREG-0936 36 i

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(A) PETITIONS INCORPORATED INTO FINAL RULES OR PETITIONS DENIED SINCE DECEMBER 31,1998 i

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(B) PETITIONS INCORPORATEllINTO PROPOSED RULES None i

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(C) PETITIONS PENDING STAFF REVIEW I

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1 NRC Regulatory Agenda Petitions

1. Petitioner / Petition Docket Number: petitioners contend that the regulations that Ohio Citizens for Responsible Energy, Inc. became mandatory for all licensees on (PRM-9-2) January 1,1994, are too restrictive and prevent many research institutions from Federal Register Citation: June 13, pursuing certain types of research that )

1994 (59 FR 30308) cannot be conducted effectively without the use of radioactive materials.

Subject:

Public access to licensee-held information Timetable: A notice of receipt for this petition was published in the Federal Summary: The petitioner requested that Register on September 10,1993 (58 FR the Commission amend its regulations to 47676). The comment period closed on establish public right-to-know provisions November 24,1993. Factors regarding the that would ensure public access to technical basis for resolution of this petition licensee-held information. will be considered after publication of the guidance documents provided on the final Timetable: A notice ofreceipt for this rule, " Radiological Criteria for License i petition was published in the Federal Termination"(July 12,1997; 62 FR 39058)

Register on June 13,1994 (59 FR 30308). (RIN 3150-AD65). A draft guidance The comment period closed on August 29, document was published on August 4,1998, 1994. Resolution of the petition is for use and comment in a two-year period, undetermined. The final guidance will be published in July 2000.

Agency

Contact:

Francis Cameron, Office of the General Counsel,(301) Agency

Contact:

Frank P. Cardile, 415-1642, e-mail fxc@nrc. gov Office of Nuclear Material Safety and Safeguards,(301) 415-6185, e-mail fpc@nrc. gov

2. Petitioner / Petition Docket Number:

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

3. Petitioner / Petition Docket Number:

Federal Register Citation: September Nuclear Energy Institute (NEI) (PRM 10,1993 (58 FR 47676) 61)

Subject:

Disposal of certain low-level Federal Register Citation: August 31, radioactive vastes to provide additional 1996 (61 FR 43193) options for disposal of very low concentrations of short-lived radionuclides

Subject:

Monitoring and maintenance I programs for the decommissioning process  ;

Summary: The petitioners requested at facilities of special nuclear materials i that the Commission amend its regulations licensees in 10 CFR Part 20 that became mandatory for all licensees on January 1,1994, to Summary: The petitioner requested permit additional methods for disposal of that the NRC amend its regulations to allow certain low-level radioactive wastes. The materials licensees to continue monitoring 37 NUREG-0936

Petitions ,.

NRC Regulatory Agenda and maintaining facilities, separate Timetable: A notice of receipt for this buildings, or outside storage areas that have petition was published in the Federal not been used for 24 months, rather than Register on June 18,1996 (61 FR 30837).

requiring licensees to begin the The comment period closed on September 3, decommissioning process after 24 months of 1996. The staffis developing an action plan inactivity. for Commission approval as the next step in addressing the petitioner's request.

Timetable: A notice of receipt for this Resolution of this petition is scheduled for petition was published in the Federal Novemer 1999.

Register on August 21,1996 (61 FR 43193).

The comment period closed on November 4, Agency

Contact:

Donald Nellis, Office 1996. In a letter dated September 30,1998, of Nuclear Material Safety and Safeguards, NEl acknowledged that the NRC was (301) 415-6257, e-mail don @nrc. gov developing guidance documents to provide clear directions and uniformity for staff review oflicensee request submittals. 5. Petitioner / Petition Docket Number: j However, NEI also requested that the National Registry of Radiation Protection j petition for rulemaking be placed in Technologists (NRRPT)(PRM-35-13)  ;

abeyance until these guidance documents are finalized and accepted by NEI. Resolution Federal Register Citation: February 8, of this petition is undetermined. 1996 (61 FR 4754)

Agency

Contact:

Anthony DiPalo,

Subject:

Training requirements for a OfTice of Nuclear Material Safety and radiation safety officer Safeguards,(301) 415-6191, e-mail ajd@nrc. gov Summary: The petitioner requested that the Commission amend its regulations by including acceptance of NRRPT registration

4. Petitioner / Petition Docket Number: as fulfilling some of the training i Amersham Corporation (PRM-34-5) requirements for a radiation safety officer.

Federal Register Citation: hne 18, Timetable: A notice of receipt for this )

1996 (61 FR 30837) petition was published in the Federal Register on February 8,1996 (61 FR 4754).

Subject:

Radiographic equipment The comment period closed on April 23, regulations 1996. Resolution of this petition is scheduled for July 1999.

Summary: The petitioner requested that the Commission amend its regulations by Agency

Contact:

Donald Nellis, Office removing the reference to " associated of Nuclear Material Safety and Safeguards, equipment" from the radiography equipment (301) 415-6257, e-mail don @nrc. gov regulations. The petitioner believes that this amendment would clarify the licensing reviews of sealed sources and radiographic 6. Petitioner / Petition Docket Number:

exposure devices to meet the applicable American National Standards Institute requirements. N43.10 Committee (PRM-36-1) 38 NUREG-0936

NRC Regulatory Agenda Petitions Federal Register Citation: September February 23,1998. Resolution of the 15,1998 (63 FR 49298) petition is scheduled for April 1999.

Subject:

Radiation safety requirements Agency

Contact:

John Telford, Office of Nuclear Material Safety and Safeguards, Summary: The petitioner requested that (301) 415-6229, e-mailjet@nrc. gov the Commission amend its radiation safety requirements for irradiators to allow the operation of panoramic irradiator facilities 8. Petitioner / Petition Docket Number:

without continuous onsite attendance. Nuclear Energy Institute (PRM-50-61)

Timetable: A notice of receipt for this Federal Register Citation: June 6, petition was published in the Federal 1995 (60 FR 29784)

Register on September 15,1998 (63 FR 49298). The comment period closed on

Subject:

Fire protection at nuclear November 30,1998. Resolution of the power plants petition is scheduled for September 1999.

Summary: The petitioner requested Agency

Contact:

John Telford, Office that the Commission amend its regulations of Nuclear Material Safety and Safeguards, governing fire protection at nuclear power (301) 415-6229, e-mail @nrc. gov plants. The petitioner believes this amendment would provide a more flexible attemative to the current requirements and

7. Petitioner / Petition Docket Number: permit nuclear power plant licensees more Chromalloy Tallahassee (PRM-40-26) discretion implementing fire protection requirements that would be site-specific Federal Register Citation: December without adversely affecting a licensee's 10,1997 (62 FR 65039) ability to achieve the safe shutdown of a facility in the event of a fire.

Subject:

To include the M1 A1 Battle Tank Engine AGT 1500 under an existing Timetable: A notice ofreceipt of this exemption petition for rulemaking was published in the Federal Register on June 6,1995 (60 FR Summary: The petitioner requested that 29784). The comment period closed on the Commission amend its regulations to September 29,1995. Resolution of this include the M1 A1 Battle Tank Engine AGT petition is undetermined.

1300 under the existing exemption in 10 CFR 40.13(c)(8) that applies to aircraft Agency

Contact:

Ed Connell, Office of engine parts. Nuclear Reactor Regulation,(301) 415-2838, e-mail eac@nrc. gov Timetable: A notice ofreceipt for this petition was published in the Federal Register on December 10,1997 (62 FR 9. Petitiocer/ Petition Docket Number:

65039). The comment period closed on Naclear Energy Institute (PRM-50-62) 39 NUREG-0936

Petitions NRC Regulatory Agenda Federal Register Citation: September including the prophylactic use of potassium 4,1995 (60 FR 47716) iodide. In the amendment to the petition, the petitioner requested that the regulations be

Subject:

Quality Assurance Program amended to consider the evacuation, sheltering and the prophylactic use of Summary: The petitioner requested that potassium iodide, as appropriate, in the Commission amend its regulations developing a range of protective actions for regarding quality assurance programs to emergency workers and the public.

permit nuclear power plant licensees to change their quality assurance program that Timetable: A notice of receipt for this is described or referenced in a licensee's petition was published in the Federal Safety Analysis Report without prior NRC Register on November 27,1995 (60 FR approval under specified conditions. 58256). The amendment to the petition was published in the Federal Register on Timetable: A notice of receipt for this December 17,1997; 62 FR 66038. The petition was published in the Federal public comment period closed on January Register on September 4,1995 (60 FR 16,1998. This petition will be addressed by 47716). The public comment period closed a proposed rulemaking (Use of Potassium on November 28,1995. Resolution of the lodide (KI) by the General Public After a petition is scheduled for March 1999. Severe Accident at a Nuclear Power Plant)(RIN 3150-AGI1). This rule is Agency

Contact:

Harry Tosmassian, scheduled for publication in February 1999.

Office of Nuclear Reactor Regulation, (301) 415-6608, e-mail hst@.nrc. gov Agency

Contact:

Michael Jamgochian, Office of Nuclear Reactor Regulation, (301) 415-6534, e-mail mtjl@nrc. gov

10. Petitioner / Petition Docket Number:

Peter G. Crane (PRM-50-63 and PRM 50-63A) 11. Petitioner / Petition Docket Number:

Nuclear Energy Institute (PRM-70-7)

Federal Register Citation: November 27,1995 (60 FR 58256); December 17, Federal Register Citation: November 1997 (62 FR 66038) 26,1996 (61 FR 60057)

Subject:

Emergency Planning

Subject:

Use of an integrated safety assessment, or an acceptable alternative, to Summary: The petitioner requested that confirm that adequate controls are in place the Commission amend its regulations to protect public health and safety concerning emergency planning to include a requirement that a range of emergency Summary: The petitioner rquested that planning protective actions be developed to the Commission amend its regulations to include sheltering, evacuation, and the require uranium processing, uranium prophylactic use of potassium iodide, which enrichment, and fuel fabrication licensees to prevents thyroid cancer after nuclear use an integrated safety assessment (ISA), or accidents. The petitioner's suggested an acceptable alternative, to confirm that amendment would specifically mention adequate controls are in place to protect several appropriate protective actions, public health and safety. The petitioner also 40 NUREG-0936

NRC Regulatory Agenda Petitions requested that a backfitting provision be on July 31,1998 (63 FR 34335). Resolution established to ensure regulatory stability for of the petition is scheduled for August 1999.

these types oflicensees.

Agency

Contact:

Mark liaisfield, Timetable: A notice of receipt for this Office of Nuclear Material Safety and petition was published in the Federal Safeguards, (301) 415-6196, e-mail Register on November 26,1996 (61 FR mfh@nrc. gov 60057). The public comment period closed on February 10,1996. Resolution of the petition is scheduled for rulemaking. In an 13. Petitioner / Petition Docket Number:

August 26,1997, Staff Requirements Portland General Electric Company Memorandum, the Commission approved (PRM-72-2) the staff's recommendation that this petition be resolved through rulemaking. A request Federal Register Citation: February 1, for public input on the development of the 1996 (61 FR 3619)

- proposed rule was published in the Federal Register on December 24,1998 (63 FR Subjest: Disposal of radioactive waste 71232. A proposed rule is scheduled to be (Greater than class C) sent to the Commission in June 1999.

Summary: The petitioner requested that Agency

Contact:

Rich Milstein, Office the Commission amend its regulations of Nuclear Material Safety and Safeguards, which govem independent storage of spent (301) 415-8149, e-mail rim @nrc. gov nuclear fuel and high-level radioactive waste to specifically include greater than class C radioactive waste produced from reactor

12. Petitioner / Petition Docket Numb-r- operations pending its transfer to a International Energy Consultants (PRh 1- permanent disposal facility, 12)

Timetable: A notice of receipt for this Federal Register Citation: February petition was published in the Federal 19,1998 (63 FR 8362) Register on February 1,1996 (61 FR 3619).

The public comment period closed on

Subject:

Packaging and Transportation April 16,1996. Resolution of this petition is of Radioactive Material undetermined.

Summary: The petitioner requested that Agency

Contact:

Mark Haisfield, the Commission amend its regulations Office of Nuclear Material Safety and governing shipments of high-level waste Safeguards,(301) 415-6196, e-mail under Pan 71. The petitioner requested that mlh@nrc. gov

@ 71.63(b) be deleted in its entirety.

Timetable: A notice of receipt for this 14. Petitioner / Petition Docket Number:

petition was published in the Federal Fawn Shillinglaw (PRM-72-3)

Register on February 19,1998 (63 FR 6196). The public comment period closed Fedtral Register Citstion: May 14, 1996 (61 FR 24249) 41 NUREG-0936 i

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Petitions NRC Regulatory Agenda

Subject:

Independent storage of spent Timetable: A notice of receipt for this nuclear fuel petition was published in the Federal Register on March 12,1998 (63 FR 12040).

Summary: The petitioner requested that The public comment period closed on the Commission amend its regulations May 26,1998. Based on analysis of the which govern independent storage of spent public comments, the staffis developing an nuclear fuel in dry storage casks to: (1) action plan for Commission approval as the require that the safety analysis report for a next step in addressing the petitioner's cask design fully conforms with the request. Resolution of the petition is associated NRC safety reevaluation report scheduled for March 1999.

and certificate of compliance before NRC certification of the cask design; and (2) Agency

Contact:

Gordon Gundersen, require that a revision date and number be Office of Nuclear Material Safety and specified for the safety analysis report. Safeguards, (301) 415-6195, e-mail .

k gegl@nrc. gov Timetabic: A notice of receipt for this petition was published in the Federal ]

Register on May 14,1996 (61 FR 24249). 16. Petitioner / Petition Docket Number:

The public comment period closed on Envirocare of Utah, Inc. (PRM-150-2) j July 29,1996. Resolution of the petition is undetermined. Federal Register Citation:

February 22,1993 (58 FR 5992)

Agency

Contact:

Anthony DiPalo, Office of Nuclear Material Safety and

Subject:

Persons who generate or Safeguards, (301) 415-6191, e-mail dispose of very low specific activity wastes ajd@nrc. gov contaminated with special nuclear materials.

Summary: The petitioner requested that

15. Petitioner / Petition Docket Number: the Commission amend its regulations to Prairie Island Coalition (PRM-72-4) exempt those persons that generate or dispose of very low specific activity wastes Federal Register Citation: March 12, contaminated with special nuclear materials 1998 (63 FR 12040) that are not capable of forming a critical reaction from the current possession limits

Subject:

Independent storage of spent specified in its regulations.

nuclear fuel.

Timetable: A notice of receipt for this Summary: The petitioner requested that petition was published in the Federal Register on the Commission amend its regulations February 22,1993 (58 FR 9552). The public which govern independent storage of spent c mment period closed on April 23,1993.

Resolution of th,s i petition is undeternuned.

nuclear fuel to examine certain issues.

These issues include thermal shock and corrosion inherent in dry cask storage of Agency

Contact:

Tim Harris, Office of Nuclear Material Safety and Safeguards, {

spent nuclear fuel, definitions for degraded (301) 415-6613, e-mail the@nrc. gov spent nuclear fuel, and definitions for retrievability of rpent nuclear fuel from dry storage casks.

42 NUREG-0936

NRC FORM 336 U.S. NUCLEAR RELuLATORY COMMisslON (2 es) 1. REPORT NUMBER NRCM 1102 (Aasioned by NLC, Add vol., supp,, Rev.,

"' *2 and Addendum Nuneers. If any )

BIBLIOGRAPHIC DATA SHEET

'8***'"*"'**"****'"'

211TLE AND SUBTHLE NL1 REG-0936 Vol.17, No. 2 NRC Regulatory Agenda S miannual Report 3. DATE REPORT PUBLISHED July December 1998 uo,as vgX#' -

j February 1999 4 FIN OR GRANT NUMBER 5 AUTHOR ($)

6. TYPE OF REPORT Semiannual
7. PERIOD COVERED (Inciumve Dates)

July - December 1998 8 PERFORMING ORGANIZATION - NAME AND ADDRESS (# NRC. prowde Dwson. omce w Region. u s Nuciear Repusakry commerson, and meeng awress. # contractor, proute name eno maung ad$ess }

Division of Administrative Services Office of Administration U.S. Nuclear Regulatory Commission WIshington, DC 20555-0001 9 SPONSORING ORGANIZATION NAME AND ADDRESS (# NRc. type "Same as abowe*. # contractor. prowde NRC Dwson, omce or Regen, u S Nucisar Regularcry Commesson, and meeng eness }

Sams as item 8. above 10 SUPPLEMENTARY NOTES

11. ABSTRACT (200 ecos or dess)

The NRC Regulatory Agenda is a compilation of all rules on which the NRC has recently completed action, or has proposed action, or is considering action, and all petitions for rulemaking which have been rer> eed by the Commission and are pending disposition by the Commission. The Regulatory Agenda is updated and issued ser , :,nnually.

12 KEY WORDS/DESCRIPTORS (List words or phreaes mat ud asest maearchers m bcanno the report J 13 AVAILAtitLilV 6i Al&MLNT Compilation of rules Unlimited Pztitions for rulemaking 14 SECURITY CLASSIFICATION (Trus Page)

Unclassified

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Unclassified 15 NUMBER OF PAGES 16 PRICE NRC F oRM 336 (249)

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