Nuclear Energy Institute; Notice of Receipt of Petition for Rulemaking, 26814-26816 [E9-13023]
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26814
Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Proposed Rules
the representative of FSA. Before a
challenged ballot is either counted or
declared invalid, a determination shall
be made by the FSA county office or
representative of FSA as to the
eligibility of the voter to vote in the
referendum.
§ 1205.206 Reporting results of
referendum.
(a) Each FSA county office shall
transmit a written county summary of
ballots showing the results of the
referendum in its county to its State
office.
(b) Each State office shall transmit a
written summary of the referendum
results from the county offices within its
State to DAFO, and DAFO will provide
a copy to the AMS. AMS will make the
results available for public inspection
for a period of 5 years following the end
of the referendum period.
(c) AMS shall prepare and submit to
the Secretary a report as to the results
of the referendum. The Secretary shall
then publically proclaim the results of
the referendum.
information furnished to, compiled by,
or in the possession of the referendum
agent shall be regarded as confidential.
(b) The ballots and other information
or reports that reveal, or tend to reveal,
the vote of any person covered under
the Order and the voter list shall be
strictly confidential and shall not be
disclosed.
§ 1205.210
forms.
Additional instructions and
AMS is hereby authorized to prescribe
additional instructions and forms not
inconsistent with the provisions of this
subpart for the use of State and County
FSA offices in conducting a referendum.
Such additional instructions may
include procedures for FSA county and
State offices to report and announce the
results of the preliminary count of the
votes in the county and the State.
Dated: May 28, 2009.
Robert C. Keeney,
Acting Associate Administrator, Agricultural
Marketing Service.
[FR Doc. E9–12931 Filed 6–3–09; 8:45 am]
BILLING CODE P
§ 1205.207 Challenge of correctness of
county summary of ballots.
The FSA State offices shall make a
prompt investigation and decision in
case of any dispute or challenge
regarding the correctness of the county
summary of ballots in any county:
Provided, That no dispute of challenge
shall be investigated unless it is brought
to the attention of the State FSA office
within 3 days after receipt by the FSA
State office of the county summary of
ballots from such county.
§ 1205.208
records.
Disposition of ballots and
The FSA county office shall seal the
voted ballots, challenged ballots found
to be ineligible, spoiled ballots, register
sheets, and summary sheets for county
in one or more envelopes or packages,
plainly marked with the identification
of the referendum, the date and the
names of the county and State, and
place them under lock and key in a safe
place under the custody of the FSA
county office for a period of 45 days
after the referendum period. If no notice
to the contrary is received by the end of
such time, and after the ballots and
other records have been examined by a
representative of the State FSA office,
the voted ballots and challenged ballots
shall be destroyed, but the registers and
county summary sheets shall be filed for
a period of 5 years in the office of the
FSA county office.
§ 1205.209
Confidential information.
(a) The ballots cast or the manner in
which any person voted and all
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NUCLEAR REGULATORY
COMMISSION
10 CFR Part 70
[Docket No. PRM–70–8; NRC–2009–0184]
Nuclear Energy Institute; Notice of
Receipt of Petition for Rulemaking
AGENCY: Nuclear Regulatory
Commission.
ACTION: Petition for rulemaking; notice
of receipt.
SUMMARY: The Nuclear Regulatory
Commission (NRC) has received and
requests public comment on a petition
for rulemaking dated April 16, 2009,
filed by the Nuclear Energy Institute
(NEI) (petitioner). The petition was
docketed by the NRC and has been
assigned Docket No. PRM–70–8. The
petitioner requests that the NRC amend
its regulations to clarify the existing
event reporting requirements based on
experience gained since the
requirements were implemented in
2000.
DATES: Comments must be submitted by
August 18, 2009. Comments received
after this date will be considered if it is
practical to do so, but the Commission
is able to ensure consideration only for
comments received on or before this
date.
ADDRESSES: You may submit comments
on this petition by any one of the
following methods. Comments
PO 00000
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submitted in writing or in electronic
form will be made available for public
inspection. Because your comments will
not be edited to remove any identifying
or contact information, the NRC
cautions you against including any
information in your submission that you
do not want to be publicly disclosed.
Federal e-Rulemaking Portal: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2009–0184. Address questions
about NRC dockets to Carol Gallagher
301–492–3668; e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
E-mail comments to:
Rulemaking.Comments@nrc.gov. If you
do not receive a reply e-mail confirming
that we have received your comments,
contact us directly at 301–415–1677.
Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 am and 4:15 pm
Federal workdays. (Telephone 301–415–
1677).
Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
You can access publicly available
documents related to this document
using the following methods:
Federal e-Rulemaking Portal: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2009–0184.
NRC’s Public Document Room (PDR):
The public may examine and have
copied for a fee publicly available
documents at the NRC’s PDR, Public
File Area O1 F21, One White Flint
North, 11555 Rockville Pike, Rockville,
Maryland.
NRC’s Agencywide Documents Access
and Management System (ADAMS):
Publicly available documents created or
received at the NRC are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this page,
the public can gain entry into ADAMS,
which provides text and image files of
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr.resource@nrc.gov.
For a copy of the petition, write to
Betty Golden, Rulemaking and
Directives Branch, Division of
Administrative Services, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Telephone 301–492–3669, toll
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Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Proposed Rules
free 800–368–5642,
Betty.Golden@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
Michael T. Lesar, Chief, Rulemaking
and Directives Branch, Division of
Administrative Services, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Telephone 301–492–3663, toll
free 800–368–5642,
Michael.Lesar@nrc.gov.
SUPPLEMENTARY INFORMATION:
The Petitioner
NEI is the organization responsible for
establishing unified industry policy on
matters affecting the nuclear energy
industry, including the regulatory
aspects of generic operational and
technical issues. NEI’s members include
entities comprising the fuel cycle
industry and other nuclear industries.
NEI is responsible for coordinating the
combined efforts of licensed facilities on
matters involving generic NRC
regulatory policy issues and generic
operational and technical regulatory
issues affecting the industry operations
of every NRC-licensed operating fuel
cycle facility and those under
construction.
Background
The petitioner states that in a June
2007 white paper, NEI documented
challenges posed by implementation of
the 2000 version of 10 CFR part 70,
appendix A. The petitioner also states
that the NRC had also observed
inconsistent reporting of events under
Appendix A to10 CFR Part 70 and had
developed a matrix of reporting issues
based on actual events. A working
group, consisting of NRC and industry
representatives, was formed to achieve a
common understanding of reports
required under Appendix A. The
petitioner states that industry endorses
and is ready to support the following
suggested modifications to 10 CFR part
70, appendix A.
Proposed Action
The petitioner requests that 10 CFR
part 70, appendix A, be amended to
clarify the requirements for reportable
safety events based on experience to
date. The petitioner believes that these
modifications will help ensure a more
uniform understanding of the
requirements by licensees and NRC, as
well as more consistent reporting of
events by licensees.
The petitioner’s suggested changes to
10 CFR part 70, appendix A, are as
follows:
1. In the introductory text to
Appendix A, remove ‘‘except for (a)(1),
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14:50 Jun 03, 2009
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(a)(2), and (b)(4), after they have
submitted an ISA Summary in
accordance with § 70.62(c)(3)(ii).
Licensees must comply with (a)(1),
(a)(2), and (b)(4) after October 18, 2000.’’
The petitioner states that this text is no
longer needed as the exemption expired
October 18, 2004.
2. In paragraph (a) of Appendix A,
change the time requirement to submit
a written report on events reported to
the NRC Operations Center within 1
hour of discovery, from 30 days to 60
days. The petitioner states that a 60 day
report provides higher assurance of a
more complete report without
compromising safety and is consistent
with equivalent event reporting
requirements for operating nuclear
power plants in 10 CFR 50.73(a). The
petitioner believes that changing the
time limit from 30 days to 60 days does
not mean that licensees will take longer
to develop and implement corrective
actions, which are done on a time scale
commensurate with the safety
significance of the issue. The petitioner
believes that for those cases where it
does take longer than 30 days to
complete root cause analysis, this
change will result in fewer reports that
require submittal of an amended report.
3. Revise paragraph (a)(2) of
Appendix A to clarify that the intake is
associated with a person located outside
of the controlled area to make reporting
commensurate with the performance
requirements described in 10 CFR
70.61(b)(3). The petitioner states that the
30 mg limit may be changed to conform
to a revised intake limit.
4. Revise paragraph (a)(3) of
Appendix A to read, ‘‘An acute
chemical exposure to an individual
inside the controlled area from licensed
material or hazardous chemicals
produced from licensed material that
could endanger the life of a worker; or,
a chemical release involving licensed
material or hazardous chemicals
produced from licensed materials that
results in a concentration outside of the
controlled area that exceeds the
quantitative standards established as
required by 10 CFR 70.61(b)(4)(ii).’’ The
petitioner states that the proposed
wording eliminates potential confusion
regarding quantitative values for
individuals located inside the
controlled area. The petitioner states
that it also requires reporting if the
chemical release concentration is such
that it exceeds the quantitative standard
for an individual located outside of the
controlled area, rather than requiring
the licensee to determine if such an
exposure actually occurred before being
required to make a report.
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26815
5. Remove paragraph (a)(5) of
Appendix A. The petitioner believes
that reporting of this type of event (e.g.,
loss of controls) is currently required by
paragraph (b)(2) of Appendix A. The
petitioner states that additionally, a one
hour reporting requirement for nuclear
criticality safety is not consistent with
the allowed risk for other high
consequence events for which a single
item relied on for safety (IROFS) is
allowed.
6. In paragraph (b) of Appendix A,
change the time requirement to submit
written reports on events reported to the
NRC Operations Center within 24 hours
of discovery, supplemented with the
information in 10 CFR 70.50(c)(1) as it
becomes available, from 30 days to 60
days. The petitioner states that a 60 day
report provides higher assurance of a
more complete report without
compromising safety and is consistent
with equivalent event reporting
requirements for operating nuclear
power plants in 10 CFR 50.73a. The
petitioner believes that changing the
time limit from 30 days to 60 days does
not mean that licensees will take longer
to develop and implement corrective
actions, which are done on a time scale
commensurate with the safety
significance of the issue. The petitioner
states that, for those cases where it does
take longer than 30 days to complete a
root cause analysis, this change will
result in fewer reports that require
submittal of an amended report.
7. Revise paragraph (b)(3) of
Appendix A to read, ‘‘An acute
chemical exposure to an individual
inside the controlled area from licensed
material or hazardous chemicals
produced from licensed materials that
requires medical treatment at an off-site
medical facility.’’ The petitioner
believes that this proposed change
would help ensure event reporting at a
threshold that the NRC would generally
want to know about, and that licensees
would generally notify NRC whether or
not reporting was required.
8. In paragraph (b)(4) of Appendix A,
remove ‘‘or may have affected’’ to clarify
NRC’s expectation on reporting any
natural phenomenon or other external
event, including fires internal and
external to the facility. The petitioner
believes that if the safety function or
availability of an IROFS has been
affected, then this phrase is very clear.
However, the petitioner states that the
phrase ‘‘or may have affected’’ is
subjective and difficult to interpret for
licensees and the NRC. The petitioner
states that, for example, a wind storm
‘‘may have’’ impacted an IROFS if it had
been more severe. The petitioner
believes that the current approach to
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Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Proposed Rules
reporting is not consistent with other
event reporting requirements.
9. Remove paragraph (b)(5) of
Appendix A because it is redundant
with paragraph (b)(1) of Appendix A.
10. The petitioner states that the
industry understands that additional
NRC staff guidance is being prepared
concerning the issuance of reports
submitted to the NRC Operations Center
concurrent to the news release or other
notification concerning any event or
situation, related to the health and
safety of the public or onsite personnel,
or protection of the environment. The
petitioner encourages the NRC to issue
the guidance for public comment as
soon as possible.
Dated at Rockville, Maryland, this 29th day
of May 2009.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. E9–13023 Filed 6–3–09; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2008–BT–STD–0005]
RIN 1904–AB57
Energy Efficiency Program for
Consumer Products: Public Meeting
and Availability of Framework
Document for Battery Chargers and
External Power Supplies
AGENCY: Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and
availability of a Framework Document.
SUMMARY: The U.S. Department of
Energy (DOE) is initiating a rulemaking
process to consider establishing new
energy conservation standards for
battery chargers and amending the
energy conservation standards for Class
A external power supplies, as directed
by the Energy Independence and
Security Act of 2007 (EISA).
Accordingly, DOE will hold an informal
public meeting to discuss and receive
comments on its planned analytical
approach and issues it will address in
this rulemaking proceeding. DOE also
welcomes written comments from the
public concerning this rulemaking. To
inform interested parties and to
facilitate this process, DOE has prepared
two documents: a framework document,
which explains the analytical approach
and identifies particular issues on
which DOE is interested in receiving
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14:50 Jun 03, 2009
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comment; and a draft technical report,
which details DOE’s research and
analysis on these products to date.
Copies of these and all other documents
associated with this rulemaking are
available at https://www.eere.energy.gov/
buildings/appliance_standards/
residential/battery_external.html.
DATES: DOE will hold a public meeting
in Washington, DC, beginning on July
16, 2009, from 9 a.m. to 5 p.m. The
agenda for the public meeting will
include the energy conservation
standards rulemaking on battery
chargers and external power supplies.
DOE must receive requests to speak at
this public meeting no later than 4 p.m.,
Thursday, July 2, 2009. DOE must
receive a signed original and an
electronic copy of statements to be given
at the public meeting no later than 4
p.m., Thursday, July 9, 2009. Written
comments on the framework document
are welcome, especially following the
public meeting, and should be
submitted by July 20, 2009.
ADDRESSES: The public meeting will be
held at the U.S. Department of Energy,
Forrestal Building, Room 1E–245, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121. Please
note that foreign nationals participating
in the public meeting are subject to
advance security screening procedures.
If a foreign national wishes to
participate in the public meeting, please
inform DOE as soon as possible by
contacting Ms. Brenda Edwards at (202)
586–2945 so that the necessary
procedures can be completed.
Interested parties may submit
comments, identified by docket number
EERE–2008–BT–STD–0005 and/or
Regulation Identifier Number (RIN)
1904–AB57, by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: BC&EPS_ECS@ee.doe.gov.
Include docket number EERE–2008–BT–
STD–0005 and/or RIN 1904–AB57 in
the subject line of the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J,
Framework Document for Battery
Chargers and External Power Supplies,
docket number EERE–2008–BT–STD–
0005 and/or RIN 1904–AB57, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121. Please
submit one signed paper original.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 6th
Floor, 950 L’Enfant Plaza, SW.,
PO 00000
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Washington, DC 20024. Please submit
one signed paper original.
Instructions: All submissions received
must include the agency name and
docket number or RIN for this
rulemaking.
Docket: For access to the docket to
read background documents or
comments received, go to the U.S.
Department of Energy, Resource Room
of the Building Technologies Program,
Sixth Floor, 950 L’Enfant Plaza, SW.,
Washington, DC 20024, (202) 586–2945,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Please call Ms. Brenda Edwards first at
the above telephone number for
additional information about visiting
the Resource Room.
FOR FURTHER INFORMATION CONTACT: Mr.
Victor Petrolati, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies, EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–4549. E-mail:
Victor.Petrolati@ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
GC–72, 1000 Independence Avenue,
SW., Washington, DC 20585. Telephone:
(202) 586–9507. E-mail:
Michael.Kido@hq.doe.gov.
For information on how to submit or
review public comments and on how to
participate in the public meeting,
contact Ms. Brenda Edwards, U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Building Technologies Program, EE–2J,
1000 Independence Avenue, SW.,
Washington, DC, 20585–0121.
Telephone (202) 586–2945. E-mail:
Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Energy Policy and Conservation Act
(EPCA), as amended (42 U.S.C. 6291 et
seq.), sets forth a variety of provisions
designed to improve energy efficiency.
Part B of Title III (42 U.S.C. 6291–6309),
subsequently renamed Part A,
established the ‘‘Energy Conservation
Program for Consumer Products Other
Than Automobiles.’’ 1 The consumer
products subject to this program are
referred to as ‘‘covered products.’’
Section 135 of the Energy Policy Act
of 2005 (EPACT 2005), Public Law 109–
58, amended sections 321 and 325 of
EPCA, by defining battery chargers and
external power supplies and directing
the Secretary to prescribe ‘‘definitions
and test procedures for the power use of
battery chargers and external power
1 This part was originally titled Part B but it was
redesignated Part A in the United States Code for
editorial reasons.
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]]>Agencies
[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Proposed Rules]
[Pages 26814-26816]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13023]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 70
[Docket No. PRM-70-8; NRC-2009-0184]
Nuclear Energy Institute; Notice of Receipt of Petition for
Rulemaking
AGENCY: Nuclear Regulatory Commission.
ACTION: Petition for rulemaking; notice of receipt.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) has received and
requests public comment on a petition for rulemaking dated April 16,
2009, filed by the Nuclear Energy Institute (NEI) (petitioner). The
petition was docketed by the NRC and has been assigned Docket No. PRM-
70-8. The petitioner requests that the NRC amend its regulations to
clarify the existing event reporting requirements based on experience
gained since the requirements were implemented in 2000.
DATES: Comments must be submitted by August 18, 2009. Comments received
after this date will be considered if it is practical to do so, but the
Commission is able to ensure consideration only for comments received
on or before this date.
ADDRESSES: You may submit comments on this petition by any one of the
following methods. Comments submitted in writing or in electronic form
will be made available for public inspection. Because your comments
will not be edited to remove any identifying or contact information,
the NRC cautions you against including any information in your
submission that you do not want to be publicly disclosed.
Federal e-Rulemaking Portal: Go to https://www.regulations.gov and
search for documents filed under Docket ID NRC-2009-0184. Address
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
E-mail comments to: Rulemaking.Comments@nrc.gov. If you do not
receive a reply e-mail confirming that we have received your comments,
contact us directly at 301-415-1677.
Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland
20852, between 7:30 am and 4:15 pm Federal workdays. (Telephone 301-
415-1677).
Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at
301-415-1101.
You can access publicly available documents related to this
document using the following methods:
Federal e-Rulemaking Portal: Go to https://www.regulations.gov and
search for documents filed under Docket ID NRC-2009-0184.
NRC's Public Document Room (PDR): The public may examine and have
copied for a fee publicly available documents at the NRC's PDR, Public
File Area O1 F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain
entry into ADAMS, which provides text and image files of NRC's public
documents. If you do not have access to ADAMS or if there are problems
in accessing the documents located in ADAMS, contact the NRC's PDR
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
pdr.resource@nrc.gov.
For a copy of the petition, write to Betty Golden, Rulemaking and
Directives Branch, Division of Administrative Services, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, Telephone 301-492-3669, toll
[[Page 26815]]
free 800-368-5642, Betty.Golden@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Chief, Rulemaking
and Directives Branch, Division of Administrative Services, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, Telephone 301-492-3663, toll free 800-368-5642,
Michael.Lesar@nrc.gov.
SUPPLEMENTARY INFORMATION:
The Petitioner
NEI is the organization responsible for establishing unified
industry policy on matters affecting the nuclear energy industry,
including the regulatory aspects of generic operational and technical
issues. NEI's members include entities comprising the fuel cycle
industry and other nuclear industries. NEI is responsible for
coordinating the combined efforts of licensed facilities on matters
involving generic NRC regulatory policy issues and generic operational
and technical regulatory issues affecting the industry operations of
every NRC-licensed operating fuel cycle facility and those under
construction.
Background
The petitioner states that in a June 2007 white paper, NEI
documented challenges posed by implementation of the 2000 version of 10
CFR part 70, appendix A. The petitioner also states that the NRC had
also observed inconsistent reporting of events under Appendix A to10
CFR Part 70 and had developed a matrix of reporting issues based on
actual events. A working group, consisting of NRC and industry
representatives, was formed to achieve a common understanding of
reports required under Appendix A. The petitioner states that industry
endorses and is ready to support the following suggested modifications
to 10 CFR part 70, appendix A.
Proposed Action
The petitioner requests that 10 CFR part 70, appendix A, be amended
to clarify the requirements for reportable safety events based on
experience to date. The petitioner believes that these modifications
will help ensure a more uniform understanding of the requirements by
licensees and NRC, as well as more consistent reporting of events by
licensees.
The petitioner's suggested changes to 10 CFR part 70, appendix A,
are as follows:
1. In the introductory text to Appendix A, remove ``except for
(a)(1), (a)(2), and (b)(4), after they have submitted an ISA Summary in
accordance with Sec. 70.62(c)(3)(ii). Licensees must comply with
(a)(1), (a)(2), and (b)(4) after October 18, 2000.'' The petitioner
states that this text is no longer needed as the exemption expired
October 18, 2004.
2. In paragraph (a) of Appendix A, change the time requirement to
submit a written report on events reported to the NRC Operations Center
within 1 hour of discovery, from 30 days to 60 days. The petitioner
states that a 60 day report provides higher assurance of a more
complete report without compromising safety and is consistent with
equivalent event reporting requirements for operating nuclear power
plants in 10 CFR 50.73(a). The petitioner believes that changing the
time limit from 30 days to 60 days does not mean that licensees will
take longer to develop and implement corrective actions, which are done
on a time scale commensurate with the safety significance of the issue.
The petitioner believes that for those cases where it does take longer
than 30 days to complete root cause analysis, this change will result
in fewer reports that require submittal of an amended report.
3. Revise paragraph (a)(2) of Appendix A to clarify that the intake
is associated with a person located outside of the controlled area to
make reporting commensurate with the performance requirements described
in 10 CFR 70.61(b)(3). The petitioner states that the 30 mg limit may
be changed to conform to a revised intake limit.
4. Revise paragraph (a)(3) of Appendix A to read, ``An acute
chemical exposure to an individual inside the controlled area from
licensed material or hazardous chemicals produced from licensed
material that could endanger the life of a worker; or, a chemical
release involving licensed material or hazardous chemicals produced
from licensed materials that results in a concentration outside of the
controlled area that exceeds the quantitative standards established as
required by 10 CFR 70.61(b)(4)(ii).'' The petitioner states that the
proposed wording eliminates potential confusion regarding quantitative
values for individuals located inside the controlled area. The
petitioner states that it also requires reporting if the chemical
release concentration is such that it exceeds the quantitative standard
for an individual located outside of the controlled area, rather than
requiring the licensee to determine if such an exposure actually
occurred before being required to make a report.
5. Remove paragraph (a)(5) of Appendix A. The petitioner believes
that reporting of this type of event (e.g., loss of controls) is
currently required by paragraph (b)(2) of Appendix A. The petitioner
states that additionally, a one hour reporting requirement for nuclear
criticality safety is not consistent with the allowed risk for other
high consequence events for which a single item relied on for safety
(IROFS) is allowed.
6. In paragraph (b) of Appendix A, change the time requirement to
submit written reports on events reported to the NRC Operations Center
within 24 hours of discovery, supplemented with the information in 10
CFR 70.50(c)(1) as it becomes available, from 30 days to 60 days. The
petitioner states that a 60 day report provides higher assurance of a
more complete report without compromising safety and is consistent with
equivalent event reporting requirements for operating nuclear power
plants in 10 CFR 50.73a. The petitioner believes that changing the time
limit from 30 days to 60 days does not mean that licensees will take
longer to develop and implement corrective actions, which are done on a
time scale commensurate with the safety significance of the issue. The
petitioner states that, for those cases where it does take longer than
30 days to complete a root cause analysis, this change will result in
fewer reports that require submittal of an amended report.
7. Revise paragraph (b)(3) of Appendix A to read, ``An acute
chemical exposure to an individual inside the controlled area from
licensed material or hazardous chemicals produced from licensed
materials that requires medical treatment at an off-site medical
facility.'' The petitioner believes that this proposed change would
help ensure event reporting at a threshold that the NRC would generally
want to know about, and that licensees would generally notify NRC
whether or not reporting was required.
8. In paragraph (b)(4) of Appendix A, remove ``or may have
affected'' to clarify NRC's expectation on reporting any natural
phenomenon or other external event, including fires internal and
external to the facility. The petitioner believes that if the safety
function or availability of an IROFS has been affected, then this
phrase is very clear. However, the petitioner states that the phrase
``or may have affected'' is subjective and difficult to interpret for
licensees and the NRC. The petitioner states that, for example, a wind
storm ``may have'' impacted an IROFS if it had been more severe. The
petitioner believes that the current approach to
[[Page 26816]]
reporting is not consistent with other event reporting requirements.
9. Remove paragraph (b)(5) of Appendix A because it is redundant
with paragraph (b)(1) of Appendix A.
10. The petitioner states that the industry understands that
additional NRC staff guidance is being prepared concerning the issuance
of reports submitted to the NRC Operations Center concurrent to the
news release or other notification concerning any event or situation,
related to the health and safety of the public or onsite personnel, or
protection of the environment. The petitioner encourages the NRC to
issue the guidance for public comment as soon as possible.
Dated at Rockville, Maryland, this 29th day of May 2009.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. E9-13023 Filed 6-3-09; 8:45 am]
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