Notice of Availability of Interim Staff Guidance Documents for Fuel Cycle Facilities, 11683-11685 [E6-3324]

Download as PDF erjones on PROD1PC68 with NOTICES Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Notices ‘‘Informal Hearing Procedures for NRC Adjudications.’’ The Commission published a ‘‘Notice of Consideration of Issuance of Amendment to Facility Operating License and Proposed No Significant Hazards Consideration Determination’’ related to this action in the Federal Register on January 11, 2006 (71 FR 1744). This Notice provided 30 days for public comment. The Commission received comments on the proposed no significant hazards consideration as discussed below. Under its regulations, the Commission may issue and make an amendment immediately effective, notwithstanding the pendency before it of a request for a hearing from any person, in advance of the holding and completion of any required hearing, where it has determined that no significant hazards consideration is involved. The Commission has applied the standards of 10 CFR 50.92 and has made a final determination that the amendment involves no significant hazards consideration. Public comments received on the proposed no significant hazards consideration determination were considered in making the final determination. The basis for this determination is contained in the Safety Evaluation related to this action. Accordingly, as described above, the amendment has been issued and made immediately effective and any hearing will be held after issuance. The Commission published an Environmental Assessment related to the action in the Federal Register on January 27, 2006 (71 FR 4614). Based on the Environmental Assessment, the Commission concluded that the action will not have a significant effect on the quality of the human environment. Accordingly, the Commission determined not to prepare an environmental impact statement for the proposed action. For further details with respect to this action, see the application for amendment dated September 10, 2003, as supplemented by letters dated October 1, and October 28 (2 letters), 2003; January 31 (2 letters), March 4, May 19, July 2, July 27, July 30, August 12, August 25, September 14, September 15, September 23, September 30 (2 letters), October 5, October 7 (2 letters), December 8, and December 9, 2004; February 24, March 10, March 24, March 31, April 5, April 22, June 2, August 1, August 4, September 10, September 14, September 18, September 28, October 17, October 21 (2 letters), October 26, October 29, November 2, November 22, and December 2, 2005; January 10, and February 22, 2006, VerDate Aug<31>2005 15:53 Mar 07, 2006 Jkt 208001 which is available for public inspection at the Commission’s PDR, located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System’s (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/ reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1–800–397–4209, 301– 415–4737, or by e-mail to pdr@nrc.gov. Dated at Rockville, Maryland, this 2nd day of March, 2006. For the Nuclear Regulatory Commission. Richard B. Ennis, Senior Project Manager, Plant Licensing Branch I–2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E6–3291 Filed 3–7–06; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Receipt of Request for Action Under 10 CFR 2.206 Notice is hereby given that by petition dated January 25, 2006, as supplemented by the letter dated February 2, 2006, David Lochbaum, acting on behalf of the Union of Concerned Scientists and numerous other organizations and individuals, has requested that the Nuclear Regulatory Commission (NRC) take action with regard to nuclear power reactors and research and test reactors licensed by the NRC that are either operating or undergoing decommissioning. The petitioners request that the NRC issue a Demand for Information (DFI) to each licensee for the subject facilities that would require them to provide information related to systems, programs, and monitoring activities related to the potential release of water contaminated with radioactive materials. As the basis for this request, the petitioners describe several cases of contamination at nuclear facilities and the uncontrolled release of radioactively contaminated water from NRC-licensed facilities. The petitioners’ cite NRC regulations requiring licensees to have controls to limit the release of radioactive materials and to limit the radiation dose individuals receive from the operation of NRC-licensed facilities. PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 11683 The petitioners request the issuance of a DFI to the subject licensees to verify compliance with NRC regulations and to support assessments of the potential public health threat from such releases of radioactively contaminated water. The request is being treated pursuant to § 2.206 of Title 10 of the Code of Federal Regulations (10 CFR 2.206). The request has been referred to the Director of the Office of Nuclear Reactor Regulation. As provided by 10 CFR 2.206, appropriate action will be taken on this petition within a reasonable time. A copy of the petition and the supplemental letter are available in the NRC’s Agencywide Documents Access and Management System (ADAMS) for inspection under Accession Nos. ML060330228 and ML060400179 at the Commission’s Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the ADAMS Public Electronic Reading Room on the NRC Web site (https://www.nrc.gov/ reading-rm/adams.html). Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1–800–397–4209, 301– 415–4737, or by e-mail to pdr@nrc.gov. Dated at Rockville, Maryland, this 1st day of March 2006. For the Nuclear Regulatory Commission. Christopher I. Grimes, Director, Division of Policy and Rulemaking, Office of Nuclear Reactor Regulation. [FR Doc. E6–3293 Filed 3–7–06; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Notice of Availability of Interim Staff Guidance Documents for Fuel Cycle Facilities AGENCY: Nuclear Regulatory Commission. ACTION: Notice of availability. FOR FURTHER INFORMATION CONTACT: James Smith, Project Manager, Technical Support Group, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20005– 0001. Telephone: (301) 415–6459; fax number: ( 301) 415–5370; e-mail: jas4@nrc.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\08MRN1.SGM 08MRN1 11684 Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Notices I. Introduction The Nuclear Regulatory Commission (NRC) is preparing and issuing Interim Staff Guidance (ISG) documents for fuel cycle facilities. These ISG documents provide clarifying guidance to the NRC staff when reviewing licensee integrated safety analyses, license applications or amendment requests or other related licensing activities for fuel cycle facilities under Subpart H of 10 CFR Part 70. The NRC is making available in final one ISG document (FCSS-ISG–05), which was previously issued for comment in September 2004. Additions and changes have been made in response to comments from the public and members of the NRC staff. II. Summary The purpose of this notice is to provide the public with the final version of an interim staff guidance (ISG) document for fuel cycle facilities. FCSSISG–05, Rev. 0 discusses the effective dates for the additional reporting requirements of 10 CFR 70.74 and Appendix A to 10 CFR Part 70, and the applicability of NRC Bulletin 91–01, ‘‘Reporting Loss of Criticality Safety Controls.’’ III. Further Information Documents related to this action are available electronically at the NRC’s Electronic Reading Room at https:// www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC’s Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC’s public documents. The ADAMS accession number for the document related to this notice is provided in the following table. If you do not have access to ADAMS or if there are problems in accessing the document located in ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1–800–397–4209, 301–415–4737, or by e-mail to pdr@nrc.gov. Interim staff guidance erjones on PROD1PC68 with NOTICES FCSS Interim Staff Guidance–05, Rev. 0. ADAMS accession No. ML053630228. This document may also be viewed electronically on the public computers located at the NRC’s PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Questions on the ISG can be directed to James Smith, Project Manager, Technical Support Group, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear VerDate Aug<31>2005 15:53 Mar 07, 2006 Jkt 208001 Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20005–0001. Comments can also be submitted by telephone, fax, or e-mail which are as follows: Telephone: (301) 415–6459; fax number: (301) 415–5370; e-mail: jas4@nrc.gov. Dated at Rockville, Maryland this 27th day of February, 2006. For the Nuclear Regulatory Commission. Melanie A. Galloway, Chief, Technical Support Group, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards. Division of Fuel Cycle Safety and Safeguards; FCSS Interim Staff Guidance–05, Revision 0; Additional Reporting Requirements of 10 CFR 70.74 Issue Effective dates for the additional reporting requirements of 10 CFR 70.74, Appendix A to 10 CFR Part 70, and NRC Bulletin 91–01, ‘‘Reporting Loss of Criticality Safety Controls.’’ Introduction The purpose of this Interim Staff Guidance (ISG) is to clarify what parts of Appendix A to 10 CFR Part 70 are effective as of October 18, 2000; what parts are effective after the submittal of the Integrated Safety Analysis (ISA) Summary, in accordance with 10 CFR 70.62(c)(3)(ii); and when the reporting requirements in NRC Bulletin 91–01, currently referenced in fuel cycle licenses, are superceded by the requirements of 10 CFR 70.74. This ISG supplements information in Sections 5.4.1, 5.4.3.4.7, and 11.4.3.6 of NUREG–1520, ‘‘Standard Review Plan for the Review of a License Application for a Fuel Cycle Facility.’’ The information in NUREG–1718 is not affected by this ISG, because a mixed-oxide (MOX) fuel fabrication facility would be a new facility, and therefore (as with any other new Part 70 facilities) the complete submittal of an ISA Summary (i.e., an ISA Summary covering the entire facility) would be necessary before an operating license could be granted. Thus, all requirements of Appendix A to 10 CFR Part 70 would apply to a facility of this type and the provisions of NRC Bulletin 91–01 would not apply. Background on 10 CFR Part 20 and NRC Bulletin 91–01 BL–91–01 noted that an immediate report was required by 10 CFR 20.403(a)(1)[now 20.2202(a)(1)] if an event threatened to cause an exposure exceeding 25 rem total effective dose PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 equivalent. The bulletin explained that the NRC considers the loss of a criticality control to threaten an event that may cause an exposure > 25 rem; therefore, it requires an immediate report under 10 CFR Part 20. Equipment-related controls may also require an immediate report under 10 CFR 70.50(a). In response to the original bulletin issued in 1991, licenses noted that some criticality controls are more significant than others and committed to reporting the loss of less significant criticality controls than those requiring immediate reports under 10 CFR 20.403(a)(1) and 10 CFR 70.50(a). In addition, it was acceptable for licensees to report the loss of less significant criticality controls in accordance with the commitments made in response to the original bulletin. Discussion After October 18, 2000, existing licensees must comply with the reporting requirements of (a)(1), (a)(2), and (b)(4) of Appendix A to Part 70. The new reporting requirements require reporting to the NRC Operations Center: (1) Within 1 hour, an inadvertent nuclear criticality, and an acute intake by an individual of 30 mg or greater of uranium in a soluble form; and (2) within 24 hours any natural phenomenon or other external event (including fires internal or external to the facility) to the facility that has affected or may have affected the intended safety function, availability, or reliability of one or more items relied on for safety. The remaining reporting requirements listed in Appendix A were held in abeyance until after the complete submittal of the ISA Summary, required by October 18, 2004, in accordance with 10 CFR 70.62(c)(3)(ii). ‘‘Complete submittal’’ means that an ISA summary that includes the entire facility and all licensed processes must have been submitted to NRC. Partial ISA Summary submittals under 10 CFR 70.62(c)(3)(ii) or as part of a license amendment do not meet this criterion. Many existing fuel facility licenses include reporting requirements in accordance with NRC Bulletin 91–01. Following complete submittal of the ISA Summary, these remain conditions of these licenses until NRC has issued a licensing action to delete these requirements. Therefore, between October 18, 2000, and complete submittal of the ISA Summary, both the requirements of Bulletin 91–01 (as committed to in the license) and paragraphs (a)(1), (a)(2), and (b)(4) of Appendix A of Part 70 apply. Following complete submittal, the NRC Bulletin E:\FR\FM\08MRN1.SGM 08MRN1 Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Notices 91–01 requirements in the license will be superceded by the requirements of 10 CFR 70.74 upon issuance of an NRC licensing action to effect this change. It should also be noted that additional immediate reporting requirements in 10 CFR 20.2202(a) and 10 CFR 70.50(a) still apply. A new facility would require submittal of an ISA Summary prior to being licensed, and thus, for a new Part 70 facility, all the provisions of Appendix A to Part 70 apply. Regulatory Basis Each licensee shall report to the NRC Operations Center the events described in Appendix A to Part 70. [10 CFR 70.74(a)(1)] Per Appendix A to Part 70, licensees must comply with the reporting requirements in this appendix, except for (a)(1), (a)(2), and (b)(4), after they have submitted an ISA Summary in accordance with 10 CFR 70.62(c)(3)(ii). However, after October 18, 2000, licensees must comply with (a)(1), (a)(2), and (b)(4). Specific reporting requirements are contained in paragraphs (a), (b), and (c) of Appendix A to Part 70. erjones on PROD1PC68 with NOTICES Technical Review Guidance The staff has concluded that a licensee complies with the reporting requirements of its license and 10 CFR Part 70 provided that the following is met: • An existing licensee has committed to report the events listed under paragraphs (a)(1), (a)(2), and (b)(4), of Appendix A of Part 70. • An existing licensee has committed to reporting all events listed under Appendix A of Part 70 upon complete submittal of its ISA Summary, as required under 10 CFR 70.62(c)(3)(ii). • An existing licensee has committed to reporting the loss of double contingency protection, as required by its license commitments to follow NRC Bulletin 91–01, until such time that an NRC licensing action has eliminated the reference to NRC Bulletin 91–01 requirements. • A new applicant has committed to reporting all events listed under Appendix A of Part 70 upon complete submittal of its ISA Summary as required under 10 CFR 70.62(c)(3)(ii). Recommendation Whereas the complete submittal of a licensee’s ISA Summary was required no later than October 18, 2004 (per 10 CFR 70.62(c)(3)(ii)), no change to NUREG–1520 is warranted to reference NRC Bulletin 91–01. All the provisions of Appendix A of Part 70 will apply VerDate Aug<31>2005 15:53 Mar 07, 2006 Jkt 208001 upon complete submittal of the ISA Summary. In addition, current license provisions requiring additional reporting will remain in effect until issuance of an NRC licensing action to effect this change. References NRC Bulletin 91–01, ‘‘Reporting Loss of Criticality Safety Controls,’’ October 18, 1991. NRC Bulletin 91–01, Supplement 1, ‘‘Reporting Loss of Criticality Safety Controls,’’ July 27, 1993. Approved: February 28, 2006. Robert C. Pierson, Director, NMSS/FCSS. [FR Doc. E6–3324 Filed 3–7–06; 8:45 am] BILLING CODE 7590–01–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Paperwork Reduction Act Notice of Collection of Applications for Dispute Settlement Rosters AGENCY: Office of the United States Trade Representative. ACTION: Request for comments on the collection of applications. SUMMARY: Free trade agreements entered into by the United States require the establishment of lists or rosters of individuals that would be available to serve as panelists in dispute settlement proceedings. From time to time, the Office of the United States Trade Representative (USTR) will collect applications from people who wish to serve on those panels. USTR solicited comments from the public on this proposed collection of information and received none. Therefore no changes have been made to the proposed collection. USTR is now submitting a request for approval to the Office of Management and Budget pursuant to the Paperwork Reduction Act. DATES: Comments regarding this collection of information should be received no later than April 8, 2006. Comments should be submitted to David Rostker in the Office of Information and Regulatory Affairs, Office of Management and Budget. Fax number, (202) 395–7285, or by e-mail to David_Rostker@omb.eop.gov. ADDRESSES: FOR FURTHER INFORMATION CONTACT: David Apol, Office of the United States Trade Representative, (202) 395–9633. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 11685 Dispute Settlement Mechanisms of U.S. Free Trade Agreements U.S. free trade agreements set out detailed procedures for the resolution of disputes over compliance with the obligations set out in each agreement. Generally, dispute settlement involves three stages: (1) Lower level consultations between the disputing Parties to try to arrive at a mutually satisfactory resolution of the matter; (2) cabinet-level consultations; and (3) resort to a neutral panel to make a determination as to whether a Party is in compliance with its obligations under the agreement. This panel is composed of individuals chosen by the Parties. The method by which the panel is selected varies between agreements. Some agreements require the establishment of a roster, from which panelists shall normally be selected. See e.g. Chile FTA, Article 22.7. Other agreements allow the Parties to select anyone as a panelist, after consultations, but provide for a contingent list from which panelists can be selected by lot, if the Parties do not otherwise select a panelist. See e.g. Singapore FTA, Article 20.4; Australia FTA, Article 21.7; Morocco FTA, Article 20.7. Eligible individuals who wish to be considered for the various rosters and lists will be invited to submit applications. Persons submitting applications may either send one copy by fax or transmit a copy electronically. Applications must be typewritten, and should be headed ‘‘Application for Consideration as an FTA Panelist.’’ Applicants will be asked to include the following information: 1. Name of the applicant. 2. Business address, telephone number, fax number, and e-mail address. 3. Citizenship(s). 4. Agreement or agreements for which the applicant wishes to be considered. 5. Current employment, including title, description of responsibility, and name and address of employer. 6. Relevant education and professional training. 7. Relevant language fluency, written and spoken. 8. Post-education employment history, including the dates and addresses of each prior position and a summary of responsibilities. 9. Relevant professional affiliations and certifications, including, if any, current bar memberships in good standing. 10. A list and copies of publications, testimony, and speeches, if any, concerning the relevant area of expertise. Judges or former judges E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 71, Number 45 (Wednesday, March 8, 2006)]
[Notices]
[Pages 11683-11685]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-3324]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION


Notice of Availability of Interim Staff Guidance Documents for 
Fuel Cycle Facilities

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of availability.

-----------------------------------------------------------------------

FOR FURTHER INFORMATION CONTACT: James Smith, Project Manager, 
Technical Support Group, Division of Fuel Cycle Safety and Safeguards, 
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington, DC 20005-0001. Telephone: (301) 415-
6459; fax number: ( 301) 415-5370; e-mail: jas4@nrc.gov.

SUPPLEMENTARY INFORMATION: 

[[Page 11684]]

I. Introduction

    The Nuclear Regulatory Commission (NRC) is preparing and issuing 
Interim Staff Guidance (ISG) documents for fuel cycle facilities. These 
ISG documents provide clarifying guidance to the NRC staff when 
reviewing licensee integrated safety analyses, license applications or 
amendment requests or other related licensing activities for fuel cycle 
facilities under Subpart H of 10 CFR Part 70. The NRC is making 
available in final one ISG document (FCSS-ISG-05), which was previously 
issued for comment in September 2004. Additions and changes have been 
made in response to comments from the public and members of the NRC 
staff.

II. Summary

    The purpose of this notice is to provide the public with the final 
version of an interim staff guidance (ISG) document for fuel cycle 
facilities. FCSS-ISG-05, Rev. 0 discusses the effective dates for the 
additional reporting requirements of 10 CFR 70.74 and Appendix A to 10 
CFR Part 70, and the applicability of NRC Bulletin 91-01, ``Reporting 
Loss of Criticality Safety Controls.''

III. Further Information

    Documents related to this action are available electronically at 
the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/
adams.html. From this site, you can access the NRC's Agencywide 
Document Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The ADAMS accession number for 
the document related to this notice is provided in the following table. 
If you do not have access to ADAMS or if there are problems in 
accessing the document located in ADAMS, contact the NRC Public 
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or 
by e-mail to pdr@nrc.gov.

------------------------------------------------------------------------
         Interim staff guidance                ADAMS accession No.
------------------------------------------------------------------------
FCSS Interim Staff Guidance-05, Rev. 0.  ML053630228.
------------------------------------------------------------------------

    This document may also be viewed electronically on the public 
computers located at the NRC's PDR, O 1 F21, One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction 
contractor will copy documents for a fee. Questions on the ISG can be 
directed to James Smith, Project Manager, Technical Support Group, 
Division of Fuel Cycle Safety and Safeguards, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20005-0001.
    Comments can also be submitted by telephone, fax, or e-mail which 
are as follows: Telephone: (301) 415-6459; fax number: (301) 415-5370; 
e-mail: jas4@nrc.gov.

    Dated at Rockville, Maryland this 27th day of February, 2006.

    For the Nuclear Regulatory Commission.
Melanie A. Galloway,
Chief, Technical Support Group, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards.

Division of Fuel Cycle Safety and Safeguards; FCSS Interim Staff 
Guidance-05, Revision 0; Additional Reporting Requirements of 10 CFR 
70.74

Issue

    Effective dates for the additional reporting requirements of 10 CFR 
70.74, Appendix A to 10 CFR Part 70, and NRC Bulletin 91-01, 
``Reporting Loss of Criticality Safety Controls.''

Introduction

    The purpose of this Interim Staff Guidance (ISG) is to clarify what 
parts of Appendix A to 10 CFR Part 70 are effective as of October 18, 
2000; what parts are effective after the submittal of the Integrated 
Safety Analysis (ISA) Summary, in accordance with 10 CFR 
70.62(c)(3)(ii); and when the reporting requirements in NRC Bulletin 
91-01, currently referenced in fuel cycle licenses, are superceded by 
the requirements of 10 CFR 70.74.
    This ISG supplements information in Sections 5.4.1, 5.4.3.4.7, and 
11.4.3.6 of NUREG-1520, ``Standard Review Plan for the Review of a 
License Application for a Fuel Cycle Facility.''
    The information in NUREG-1718 is not affected by this ISG, because 
a mixed-oxide (MOX) fuel fabrication facility would be a new facility, 
and therefore (as with any other new Part 70 facilities) the complete 
submittal of an ISA Summary (i.e., an ISA Summary covering the entire 
facility) would be necessary before an operating license could be 
granted. Thus, all requirements of Appendix A to 10 CFR Part 70 would 
apply to a facility of this type and the provisions of NRC Bulletin 91-
01 would not apply.

Background on 10 CFR Part 20 and NRC Bulletin 91-01

    BL-91-01 noted that an immediate report was required by 10 CFR 
20.403(a)(1)[now 20.2202(a)(1)] if an event threatened to cause an 
exposure exceeding 25 rem total effective dose equivalent. The bulletin 
explained that the NRC considers the loss of a criticality control to 
threaten an event that may cause an exposure > 25 rem; therefore, it 
requires an immediate report under 10 CFR Part 20. Equipment-related 
controls may also require an immediate report under 10 CFR 70.50(a). In 
response to the original bulletin issued in 1991, licenses noted that 
some criticality controls are more significant than others and 
committed to reporting the loss of less significant criticality 
controls than those requiring immediate reports under 10 CFR 
20.403(a)(1) and 10 CFR 70.50(a). In addition, it was acceptable for 
licensees to report the loss of less significant criticality controls 
in accordance with the commitments made in response to the original 
bulletin.

Discussion

    After October 18, 2000, existing licensees must comply with the 
reporting requirements of (a)(1), (a)(2), and (b)(4) of Appendix A to 
Part 70. The new reporting requirements require reporting to the NRC 
Operations Center: (1) Within 1 hour, an inadvertent nuclear 
criticality, and an acute intake by an individual of 30 mg or greater 
of uranium in a soluble form; and (2) within 24 hours any natural 
phenomenon or other external event (including fires internal or 
external to the facility) to the facility that has affected or may have 
affected the intended safety function, availability, or reliability of 
one or more items relied on for safety. The remaining reporting 
requirements listed in Appendix A were held in abeyance until after the 
complete submittal of the ISA Summary, required by October 18, 2004, in 
accordance with 10 CFR 70.62(c)(3)(ii).
    ``Complete submittal'' means that an ISA summary that includes the 
entire facility and all licensed processes must have been submitted to 
NRC. Partial ISA Summary submittals under 10 CFR 70.62(c)(3)(ii) or as 
part of a license amendment do not meet this criterion.
    Many existing fuel facility licenses include reporting requirements 
in accordance with NRC Bulletin 91-01. Following complete submittal of 
the ISA Summary, these remain conditions of these licenses until NRC 
has issued a licensing action to delete these requirements. Therefore, 
between October 18, 2000, and complete submittal of the ISA Summary, 
both the requirements of Bulletin 91-01 (as committed to in the 
license) and paragraphs (a)(1), (a)(2), and (b)(4) of Appendix A of 
Part 70 apply. Following complete submittal, the NRC Bulletin

[[Page 11685]]

91-01 requirements in the license will be superceded by the 
requirements of 10 CFR 70.74 upon issuance of an NRC licensing action 
to effect this change. It should also be noted that additional 
immediate reporting requirements in 10 CFR 20.2202(a) and 10 CFR 
70.50(a) still apply.
    A new facility would require submittal of an ISA Summary prior to 
being licensed, and thus, for a new Part 70 facility, all the 
provisions of Appendix A to Part 70 apply.

Regulatory Basis

    Each licensee shall report to the NRC Operations Center the events 
described in Appendix A to Part 70. [10 CFR 70.74(a)(1)]
    Per Appendix A to Part 70, licensees must comply with the reporting 
requirements in this appendix, except for (a)(1), (a)(2), and (b)(4), 
after they have submitted an ISA Summary in accordance with 10 CFR 
70.62(c)(3)(ii). However, after October 18, 2000, licensees must comply 
with (a)(1), (a)(2), and (b)(4).
    Specific reporting requirements are contained in paragraphs (a), 
(b), and (c) of Appendix A to Part 70.

Technical Review Guidance

    The staff has concluded that a licensee complies with the reporting 
requirements of its license and 10 CFR Part 70 provided that the 
following is met:
     An existing licensee has committed to report the events 
listed under paragraphs (a)(1), (a)(2), and (b)(4), of Appendix A of 
Part 70.
     An existing licensee has committed to reporting all events 
listed under Appendix A of Part 70 upon complete submittal of its ISA 
Summary, as required under 10 CFR 70.62(c)(3)(ii).
     An existing licensee has committed to reporting the loss 
of double contingency protection, as required by its license 
commitments to follow NRC Bulletin 91-01, until such time that an NRC 
licensing action has eliminated the reference to NRC Bulletin 91-01 
requirements.
     A new applicant has committed to reporting all events 
listed under Appendix A of Part 70 upon complete submittal of its ISA 
Summary as required under 10 CFR 70.62(c)(3)(ii).

Recommendation

    Whereas the complete submittal of a licensee's ISA Summary was 
required no later than October 18, 2004 (per 10 CFR 70.62(c)(3)(ii)), 
no change to NUREG-1520 is warranted to reference NRC Bulletin 91-01. 
All the provisions of Appendix A of Part 70 will apply upon complete 
submittal of the ISA Summary. In addition, current license provisions 
requiring additional reporting will remain in effect until issuance of 
an NRC licensing action to effect this change.

References

NRC Bulletin 91-01, ``Reporting Loss of Criticality Safety 
Controls,'' October 18, 1991.
NRC Bulletin 91-01, Supplement 1, ``Reporting Loss of Criticality 
Safety Controls,'' July 27, 1993.


    Approved: February 28, 2006.

Robert C. Pierson,
Director, NMSS/FCSS.


 [FR Doc. E6-3324 Filed 3-7-06; 8:45 am]
BILLING CODE 7590-01-P
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