Request for Comments on the Nuclear Regulatory Commission's Low Level Radioactive Waste Program, 38675-38676 [E6-10624]
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Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Notices
alloys for determining acceptable fuel
performance. Based upon the material
composition of these alloys, which is
similar to other licensed zirconium
alloys, the high temperature metal-water
reaction rates are expected to be similar.
Because of the limited number of
AXIOMTM clad fuel rods and the
similarity in material composition to
other advanced cladding fuel rods, the
NRC staff concludes that the application
of the Baker-Just equation in these
conditions is acceptable. Thus,
application of 10 CFR Part 50 Appendix
K, Paragraph I.A.5 is not necessary for
the licensee to achieve the underlying
purpose of the rule in these
circumstances.
3.2.4 Special Circumstances
In summary, the NRC staff reviewed
the licensee’s request of proposed
exemption to allow up to four LTAs
containing fuel rods with AXIOMTM
cladding. Based on the NRC staff’s
evaluation, as set forth above, the NRC
staff considers that granting the
proposed exemption will not defeat the
underlying purpose of 10 CFR 50.46, 10
CFR 50.44, or Appendix K to 10 CFR
Part 50. Accordingly, special
circumstances, are present pursuant to
10 CFR 50.12(a)(2)(ii).
cprice-sewell on PROD1PC66 with NOTICES
3.2.5 Other Standards in 10 CFR 50.12
The NRC staff examined the rest of
the licensee’s rationale to support the
exemption request, and concluded that
the use of AXIOMTM would satisfy 10
CFR 50.12(a) as follows:
(1) The requested exemption is
authorized by law:
No law precludes the activities
covered by this exemption request. The
Commission, based on technical reasons
set forth in rulemaking records,
specified the specific cladding materials
identified in 10 CFR 50.44, 10 CFR
50.46, and 10 CFR Part 50, Appendix K.
Cladding materials are not specified by
statute.
(2) The requested exemption does not
present an undue risk to the public
health and safety as stated in the
licensee’s exemption request:
The LTA safety evaluation will ensure that
the acceptance criteria of 10 CFR 50.46, 10
CFR 50.44, and 10 CFR 50 Appendix K are
met following insertion of the assemblies
containing AXIOMTM material. Fuel
assemblies using AXIOMTM cladding will be
evaluated using NRC-approved analytical
methods and will address the changes in the
cladding material properties. The safety
analysis for Byron Station Units 1 and 2 is
supported by the applicable Technical
Specifications. The Byron Station Units 1
and 2 reload cores containing AXIOMTM
cladding will continue to be operated in
accordance with the operating limits
VerDate Aug<31>2005
15:46 Jul 06, 2006
Jkt 208001
specified in the Technical Specifications.
LTAs using AXIOMTM cladding will be
placed in non-limiting core locations.
Therefore, this exemption will not pose an
undue risk to public health and safety.
The NRC staff has evaluated these
considerations as set forth in Section 3.1
of this exemption. For the reasons set
forth in that section, the NRC staff
concludes that AXIOMTM may be used
as a cladding material for no more than
four LTAs to be placed in non-limiting
core locations during Byron’s next
refueling outage, and that an exemption
from the requirements of 10 CFR 50.44,
10 CFR 50.46, and 10 CFR part 50,
Appendix K does not pose an undue
risk to the public health and safety.
(3) The requested exemption will not
endanger the common defense and
security:
The common defense and security are
not affected and, therefore, not
endangered by this exemption.
4.0 Conclusion
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12(a), the exemption is authorized by
law, will not present an undue risk to
the public health and safety, and is
consistent with the common defense
and security. Also, special
circumstances are present. Therefore,
the Commission hereby grants Exelon
an exemption from the requirements of
10 CFR 50.44, 10 CFR 50.46 and 10 CFR
Part 50, Appendix K, for Byron Station,
Unit Nos. 1 and 2.
Pursuant to 10 CFR 51.32, the
Commission has determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment (71 FR 32144).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 30th day
of June 2006.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E6–10623 Filed 7–6–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Request for Comments on the Nuclear
Regulatory Commission’s Low Level
Radioactive Waste Program
U.S. Nuclear Regulatory
Commission.
ACTION: Request for comments on the
Nuclear Regulatory Commission’s low
level radioactive waste program.
AGENCY:
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
38675
SUMMARY: The U.S. Nuclear Regulatory
Commission (NRC) is conducting a
strategic assessment of its low level
radioactive waste (LLW) regulatory
program. The objective of this
assessment is to identify and prioritize
activities that the staff can undertake to
ensure a stable, reliable and adaptable
regulatory framework for effective LLW
management, while also considering
future needs and changes that may
occur in the nation’s commercial LLW
management system.
DATES: The public comment period
begins with publication of this notice
and continues for 30 days. Written
comments should be submitted as
described in the ADDRESSES section of
this notice. Comments submitted by
mail should be postmarked by that date
to ensure consideration. Comments
received or postmarked after that date
will be considered to the extent
practical.
ADDRESSES: Members of the public are
invited and encouraged to submit
comments to the Chief, Rules and
Directives Branch, Mail Stop T6–D59,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Comments will also be accepted by email at NRCREP@nrc.gov or by fax to
(301) 415–5397, Attention: Ryan
Whited.
FOR FURTHER INFORMATION CONTACT: Mr.
Ryan Whited, Chief, Low Level Waste
Section, Environmental and
Performance Assessment Directorate,
Division of Waste Management and
Environmental Protection, Office of
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
Rockville, MD 20852. Telephone: (301)
415–7257; fax number: (301) 415–5370;
e-mail: arw2@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The NRC last initiated a strategic
assessment of its LLW regulatory
program in August 1995. As part of that
effort, in September 1996, the NRC staff
released an ‘‘Issues Paper’’ that
identified several options the agency
could pursue regarding the overall
scope and magnitude of its LLW
regulatory program. [The Issues Paper is
available in the NRC’s Agencywide
Document Management System
(ADAMS) under accession number
ML061700297]. In response to that
issues paper, and after taking into
consideration public comments as well
as the fact that the new disposal
facilities that had been anticipated
following the 1985 amendment of the
Low-Level Radioactive Waste Policy Act
of 1980 (LLRWPAA) were not
E:\FR\FM\07JYN1.SGM
07JYN1
38676
Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Notices
cprice-sewell on PROD1PC66 with NOTICES
forthcoming, the Commission decided
to simply ‘‘maintain’’ the agency’s LLW
program at its then-current level. Due to
a number of developments in the
national system for LLW disposal as
well as changes in the regulatory
environment over the past 10 years, the
NRC’s LLW program now faces new
challenges, influences and issues.
Among these is the fact that several
governmental and national technical
organizations, as well as major
stakeholder and industry groups, states
and Congress, have raised questions or
expressed opinions regarding the
current status of regulation and disposal
of radioactive waste in the U.S. Though
many of these groups want action to be
taken on issues of concern to them, they
do not necessarily hold the same views
regarding what actions are needed or
what issues require the most attention.
Meanwhile, a number of new technical
issues, involving security matters as
well as protection of public health and
the environment, have emerged.
As a result, the NRC staff is
conducting a new strategic assessment
of the agency’s LLW regulatory program.
The objective of this assessment is to
identify and prioritize activities that the
staff can undertake to ensure a stable,
reliable and adaptable regulatory
framework for effective LLW
management, while also considering
future needs and changes that may
occur in the nation’s commercial LLW
management system. As part of this
assessment, the NRC staff is soliciting
public comment on what changes, if
any, should be made to the current LLW
program regulatory framework as well
as specific actions that the staff might
undertake to facilitate such changes.
The staff is requesting that persons
consider and address the following nine
questions as they develop and provide
their remarks:
Regarding the Current LLW Disposal
Regulatory System
1. What are your key safety and cost
drivers and/or concerns relative to LLW
disposal?
2. What vulnerabilities or
impediments, if any, are there in the
current regulatory approach toward
LLW disposal in the U.S., in terms of
their effects on:
a. Regulatory system reliability,
predictability, and adaptability;
b. Regulatory burden (including cost);
and
c. Safety, security, and protection of
the environment?
Potential Alternative Futures
3. Assuming the existing legislative
and regulatory framework remains
VerDate Aug<31>2005
15:46 Jul 06, 2006
Jkt 208001
unchanged, what would you expect the
future to look like with regard to the
types and volumes of LLW streams and
the availability of disposal options for
Class A, B, C, and greater-than-class-C
(GTCC) LLW five years from now?
Twenty years from now? What would
more optimistic and pessimistic
disposal scenarios look like compared to
your ‘‘expected future’’?
4. How might potential future
disposal scenarios affect LLW storage
and disposal in the U.S., in terms of:
a. Regulatory system reliability,
predictability, and adaptability;
b. Regulatory burden (including cost);
and
c. Safety, security and protection of
the environment?
Can the Future Be Altered?
5. What actions could be taken by
NRC and other federal and state
authorities, as well as by private
industry and national scientific and
technical organizations, to optimize
management of LLW and improve the
future outlook? Which of the following
investments are most likely to yield
benefits:
a. Changes in regulations;
b. Changes in regulatory guidance;
c. Changes in industry practices;
d. Other (name).
6. Are there actions (regulatory and/
or industry initiated) that can/should be
taken in regard to specific issues such
as:
a. Storage, disposal, tracking and
security of GTCC waste
(particularly sealed sources);
b. Availability and cost of disposal of
Class B and C LLW;
c. Disposal options for depleted
uranium;
d. Extended storage of LLW;
e. Disposal options for low-activity
waste (LAW)/very low level waste
(VLLW);
f. On-site disposal of LLW;
g. Other (name).
7. What unintended consequences
might result from the postulated
changes identified in response to
questions 5 and 6?
Interagency Communication and
Cooperation
8. Based on your observations of what
works well and not-so-well,
domestically and/or internationally,
with regard to the management of
radioactive and/or hazardous waste,
what actions can the NRC and other
Federal regulatory agencies take to
improve their communication with
affected and interested stakeholders?
9. What specific actions can NRC take
to improve coordination with other
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
Federal agencies so as to obtain a more
consistent treatment of radioactive
wastes that possess similar or equivalent
levels of biological hazard?
On May 23 and 24, 2006, the NRC’s
Advisory Committee on Nuclear Waste
(ACNW) sponsored a public fact-finding
meeting with industry representatives
and stakeholders at NRC headquarters
in Rockville, MD, to: (a) Provide input
to the ACNW regarding areas where
NRC’s regulations for near-surface
disposal of LLW in 10 CFR Part 61
might be more risk-informed; and (b)
provide information for NRC staff to
consider in its strategic assessment of
the LLW regulatory program. The
transcript of the ACNW meeting is
publicly available on the NRC’s public
Web site at https://www.nrc.gov/readingrm/doc-collections/acnw/tr2006/. The
NRC staff intends to utilize the
information gathered from the ACNW
meeting as well as this solicitation to
develop a strategic assessment of the
NRC’s regulatory program for low-level
radioactive waste.
II. Further Information
If you do not have access to ADAMS
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room
Reference staff at 1–800–397–4209, 301–
415–4737 or by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland this 29th day
of June, 2006.
For the Nuclear Regulatory Commission.
Scott Flanders,
Deputy Director, Environmental and
Performance Assessment Directorate,
Division of Waste Management and
Environmental Protection, Office of Nuclear
Materials Safety and Safeguards.
[FR Doc. E6–10624 Filed 7–6–06; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF MANAGEMENT AND
BUDGET
Executive Office of the President;
Acquisition Advisory Panel;
Notification of Upcoming Meetings of
the Acquisition Advisory Panel
Office of Management and
Budget, Executive Office of the
President.
ACTION: Notice of Federal advisory
committee meetings.
AGENCY:
SUMMARY: The Office of Management
and Budget announces two meetings of
the Acquisition Advisory Panel (AAP or
‘‘Panel’’) established in accordance with
the Services Acquisition Reform Act of
2003.
E:\FR\FM\07JYN1.SGM
07JYN1
]]>Agencies
[Federal Register Volume 71, Number 130 (Friday, July 7, 2006)]
[Notices]
[Pages 38675-38676]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10624]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
Request for Comments on the Nuclear Regulatory Commission's Low
Level Radioactive Waste Program
AGENCY: U.S. Nuclear Regulatory Commission.
ACTION: Request for comments on the Nuclear Regulatory Commission's low
level radioactive waste program.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is conducting a
strategic assessment of its low level radioactive waste (LLW)
regulatory program. The objective of this assessment is to identify and
prioritize activities that the staff can undertake to ensure a stable,
reliable and adaptable regulatory framework for effective LLW
management, while also considering future needs and changes that may
occur in the nation's commercial LLW management system.
DATES: The public comment period begins with publication of this notice
and continues for 30 days. Written comments should be submitted as
described in the ADDRESSES section of this notice. Comments submitted
by mail should be postmarked by that date to ensure consideration.
Comments received or postmarked after that date will be considered to
the extent practical.
ADDRESSES: Members of the public are invited and encouraged to submit
comments to the Chief, Rules and Directives Branch, Mail Stop T6-D59,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Comments
will also be accepted by e-mail at NRCREP@nrc.gov or by fax to (301)
415-5397, Attention: Ryan Whited.
FOR FURTHER INFORMATION CONTACT: Mr. Ryan Whited, Chief, Low Level
Waste Section, Environmental and Performance Assessment Directorate,
Division of Waste Management and Environmental Protection, Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Rockville, MD 20852. Telephone: (301) 415-7257; fax number:
(301) 415-5370; e-mail: arw2@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The NRC last initiated a strategic assessment of its LLW regulatory
program in August 1995. As part of that effort, in September 1996, the
NRC staff released an ``Issues Paper'' that identified several options
the agency could pursue regarding the overall scope and magnitude of
its LLW regulatory program. [The Issues Paper is available in the NRC's
Agencywide Document Management System (ADAMS) under accession number
ML061700297]. In response to that issues paper, and after taking into
consideration public comments as well as the fact that the new disposal
facilities that had been anticipated following the 1985 amendment of
the Low-Level Radioactive Waste Policy Act of 1980 (LLRWPAA) were not
[[Page 38676]]
forthcoming, the Commission decided to simply ``maintain'' the agency's
LLW program at its then-current level. Due to a number of developments
in the national system for LLW disposal as well as changes in the
regulatory environment over the past 10 years, the NRC's LLW program
now faces new challenges, influences and issues. Among these is the
fact that several governmental and national technical organizations, as
well as major stakeholder and industry groups, states and Congress,
have raised questions or expressed opinions regarding the current
status of regulation and disposal of radioactive waste in the U.S.
Though many of these groups want action to be taken on issues of
concern to them, they do not necessarily hold the same views regarding
what actions are needed or what issues require the most attention.
Meanwhile, a number of new technical issues, involving security matters
as well as protection of public health and the environment, have
emerged.
As a result, the NRC staff is conducting a new strategic assessment
of the agency's LLW regulatory program. The objective of this
assessment is to identify and prioritize activities that the staff can
undertake to ensure a stable, reliable and adaptable regulatory
framework for effective LLW management, while also considering future
needs and changes that may occur in the nation's commercial LLW
management system. As part of this assessment, the NRC staff is
soliciting public comment on what changes, if any, should be made to
the current LLW program regulatory framework as well as specific
actions that the staff might undertake to facilitate such changes. The
staff is requesting that persons consider and address the following
nine questions as they develop and provide their remarks:
Regarding the Current LLW Disposal Regulatory System
1. What are your key safety and cost drivers and/or concerns
relative to LLW disposal?
2. What vulnerabilities or impediments, if any, are there in the
current regulatory approach toward LLW disposal in the U.S., in terms
of their effects on:
a. Regulatory system reliability, predictability, and adaptability;
b. Regulatory burden (including cost); and
c. Safety, security, and protection of the environment?
Potential Alternative Futures
3. Assuming the existing legislative and regulatory framework
remains unchanged, what would you expect the future to look like with
regard to the types and volumes of LLW streams and the availability of
disposal options for Class A, B, C, and greater-than-class-C (GTCC) LLW
five years from now? Twenty years from now? What would more optimistic
and pessimistic disposal scenarios look like compared to your
``expected future''?
4. How might potential future disposal scenarios affect LLW storage
and disposal in the U.S., in terms of:
a. Regulatory system reliability, predictability, and adaptability;
b. Regulatory burden (including cost); and
c. Safety, security and protection of the environment?
Can the Future Be Altered?
5. What actions could be taken by NRC and other federal and state
authorities, as well as by private industry and national scientific and
technical organizations, to optimize management of LLW and improve the
future outlook? Which of the following investments are most likely to
yield benefits:
a. Changes in regulations;
b. Changes in regulatory guidance;
c. Changes in industry practices;
d. Other (name).
6. Are there actions (regulatory and/or industry initiated) that
can/should be taken in regard to specific issues such as:
a. Storage, disposal, tracking and security of GTCC waste
(particularly sealed sources);
b. Availability and cost of disposal of Class B and C LLW;
c. Disposal options for depleted uranium;
d. Extended storage of LLW;
e. Disposal options for low-activity waste (LAW)/very low level
waste (VLLW);
f. On-site disposal of LLW;
g. Other (name).
7. What unintended consequences might result from the postulated
changes identified in response to questions 5 and 6?
Interagency Communication and Cooperation
8. Based on your observations of what works well and not-so-well,
domestically and/or internationally, with regard to the management of
radioactive and/or hazardous waste, what actions can the NRC and other
Federal regulatory agencies take to improve their communication with
affected and interested stakeholders?
9. What specific actions can NRC take to improve coordination with
other Federal agencies so as to obtain a more consistent treatment of
radioactive wastes that possess similar or equivalent levels of
biological hazard?
On May 23 and 24, 2006, the NRC's Advisory Committee on Nuclear
Waste (ACNW) sponsored a public fact-finding meeting with industry
representatives and stakeholders at NRC headquarters in Rockville, MD,
to: (a) Provide input to the ACNW regarding areas where NRC's
regulations for near-surface disposal of LLW in 10 CFR Part 61 might be
more risk-informed; and (b) provide information for NRC staff to
consider in its strategic assessment of the LLW regulatory program. The
transcript of the ACNW meeting is publicly available on the NRC's
public Web site at https://www.nrc.gov/reading-rm/doc-collections/acnw/
tr2006/. The NRC staff intends to utilize the information gathered from
the ACNW meeting as well as this solicitation to develop a strategic
assessment of the NRC's regulatory program for low-level radioactive
waste.
II. Further Information
If you do not have access to ADAMS or if there are problems in
accessing the documents located in ADAMS, contact the NRC Public
Document Room Reference staff at 1-800-397-4209, 301-415-4737 or by e-
mail to pdr@nrc.gov.
Dated at Rockville, Maryland this 29th day of June, 2006.
For the Nuclear Regulatory Commission.
Scott Flanders,
Deputy Director, Environmental and Performance Assessment Directorate,
Division of Waste Management and Environmental Protection, Office of
Nuclear Materials Safety and Safeguards.
[FR Doc. E6-10624 Filed 7-6-06; 8:45 am]
BILLING CODE 7590-01-P
