Notice of Availability of Interim Staff Guidance Document for Fuel Cycle Facilities, 45678-45679 [2010-19015]

Download as PDF 45678 Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Notices NUCLEAR REGULATORY COMMISSION [NRC–2009–0303] Notice of Availability of Interim Staff Guidance Document for Fuel Cycle Facilities Nuclear Regulatory Commission. ACTION: Notice of availability. AGENCY: FOR FURTHER INFORMATION CONTACT: Tamara D. Powell, Nuclear Process Engineer, Technical Support Branch, 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) 492– 3211; Fax: (301) 492–3363; E-mail: Tamara.Powell@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The Nuclear Regulatory Commission (NRC) prepares and issues Interim Staff Guidance (ISG) documents for fuel cycle facilities. These ISG documents provide clarifying guidance to the NRC staff when reviewing licensee’s integrated safety analyses (ISA), license applications, amendment requests, or other related licensing activities for fuel cycle facilities under Title 10 of the Code of Federal Regulations (10 CFR) Part 70. This notice is being published to inform the public that after general revision based on NRC staff and public comment, FCSS–ISG–12, Revision 0, ‘‘10 CFR Part 70, Appendix A—Reportable Safety Events,’’ Revision 0, has been issued and is provided for information, however additional comments will be accepted. The final disposition of the information addressed in this guidance may later be issued as an NRC Regulatory Guide. erowe on DSK5CLS3C1PROD with NOTICES II. Discussion of Significant Comments and Changes On July 10, 2009, notice was given in the Federal Register (74 FR 33281) of the availability for public comment of the draft of FCSS–ISG–12 (then numbered FCSS–ISG–11). In response to comments received on the draft ISG, the following modifications were made. The NRC made minor editorial changes and re-numbered the ISG to be consistent with existing Fuel Cycle Safety and Safeguards ISG documents. In addition, there was a general comment from one commentator about the NRC’s interpretation of when event ‘‘discovery’’ occurs. The commentator considers event ‘‘discovery’’ to have occurred after the initial event has been VerDate Mar<15>2010 14:41 Aug 02, 2010 Jkt 220001 observed, appropriate internal notifications made, and a licensee determination made that the event meets the applicable reporting requirements. The commentator further believes that the time of ‘‘discovery’’ will vary because it is driven by the culmination of three actions, and, as such, should not be determined based solely upon the occurrence of the actual event or the observation. The NRC agrees that event ‘‘discovery’’ will vary and starts when an individual who, by position or experience, is expected to understand that a particular condition or event adversely impacts safety observes, identifies, or is notified of a safety significant event or condition. The NRC, however, does not agree that the time of ‘‘discovery’’ is delayed until after the licensee has determined reportability. As stated in the guidance, the twenty-four hour time period for reportable events allows for this evaluation and determination step. The more substantive comments on the draft ISG are summarized below along with the NRC’s response. Proposed Time of Discovery Section Some general editorial comments were suggested by the commentator related to the event ‘‘discovery’’ concern discussed above; however, the NRC determined that the proposed changes in wording could create ambiguity so no changes were made. There was also a recommendation that the third example in Table 1, ‘‘Examples of Discovery Determination,’’ be changed to state that the time of ‘‘discovery’’ would be when the operator informed the supervisor of the possible exposure not when the operator realized that he would have been exposed. The staff reviewed the suggested revision and determined that a cognizant individual, as defined earlier in the guidance, may not necessarily be aware of the NRC reporting requirements, but should understand when a condition impacts safety. The NRC expects that operators would be trained to recognize, when possible, when they may have received an acute exposure to a hazardous material such as UF6, therefore no change to the wording was made. Loss or Degradation of Items Relied on for Safety (IROFS) Section The last sentence of this section states that all situations where IROFS have failed or degraded are reportable. One commentator suggested that this section be edited to remove this statement because IROFS may have failed or become degraded without meeting the reporting requirement. The NRC disagreed with removing this statement, PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 but rearranged the section for clarity. The intent of ‘‘all other situations’’ in the sentence in question was meant to apply to those situations not discussed in the section. Inadequate ISA Section The NRC did not receive any comments on this section, however substantial edits were made. The use of the concept ‘‘creditable controls’’ and the term ‘‘non-IROFS’’ were removed from this section. 10 CFR 70.61 (e) requires that the controls needed to meet the performance requirements be designated as IROFS. The NRC determined that using ‘‘non-IROFS’’ in combination with available IROFS to meet the performance requirements was not supported by the regulations. Press Release Section With respect to licensee-issued press releases, the guidance states that routine radiation releases are not specifically reportable under Appendix A unless the release receives media attention. One commentator indicated that 10 CFR Part 70 licensees issue semi-annual reports on effluent releases which are routine radiation releases of low safety significance. The commentator felt that simple media inquiries about these routine radiation releases should not result in a required report to the NRC. The regulation states that, ‘‘[a]ny event or situation related to the health and safety of the public or onsite personnel, or protection of the environment, for which a news release is planned…shall be reported.’’ In the example of an effluent release which has some impact on the environment, media attention would likely result and should be reported. The NRC agrees that simple media inquiries may not necessarily result in reportability, but if a news release is planned in response to such inquiries, this would be reportable. The NRC revised the section to clarify that radiation releases that receive ‘‘significant media attention’’ would be reportable under paragraph (c) of Appendix A to 10 CFR Part 70. Attachment C The commentator provided a suggested revision to the flow chart in Attachment C. The NRC reviewed the suggested changes and determined that if followed, the revised flow chart would lead to the failure to report under paragraph (a)(5) of Appendix A. Therefore, the NRC did not incorporate the suggested revisions and removed the flow chart from the ISG. E:\FR\FM\03AUN1.SGM 03AUN1 Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Notices Glossary Section The NRC agreed with the commentator that the definition for ‘‘degraded IROFS’’ should be modified to ensure consistency of use throughout the guidance. The NRC incorporated, in part, the suggested change. The NRC did not incorporate that portion of the suggested change which would have stated that a degraded IROFS was also an IROFS that is ‘‘potentially unable to perform the required safety function.’’ The NRC determined that an IROFS meeting this part of the definition would, in many cases, be considered a failed IROFS and did not include this portion in the revision. The NRC also removed the definitions of ‘‘non-IROFS’’ and ‘‘creditable control’’ for the reasons discussed earlier in this notice. The NRC maintains an Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRC’s public documents. These documents may be accessed through the NRC’s Public Electronic Reading Room on the Internet at https://www.nrc.gov/reading-rm/ adams.html. The ADAMS accession number for the document related to this notice is provided in the following table. FCSS Interim Staff Guidance-12, Revision 0 ........ [NRC–2010–0002] Sunshine Federal Register Notice Nuclear Regulatory Commission [NRC–2010– 0002]. DATE: Weeks of August 2, 9, 16, 23, 30, and September 6, 2010. PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Maryland. STATUS: Public and Closed. AGENCY HOLDING THE MEETINGS: Week of August 2, 2010 There are no meetings scheduled for the week of August 2, 2010. Week of August 9, 2010—Tentative Thursday, August 12, 2010 III. Further Information Interim staff guidance NUCLEAR REGULATORY COMMISSION ADAMS accession No. Week of August 16, 2010—Tentative AGENCY: There are no meetings scheduled for the week of August 16, 2010. Week of August 23, 2010—Tentative There are no meetings scheduled for the week of August 23, 2010. This document may also be viewed electronically on the public computers located at the NRC’s PDR, O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC Public Document Room (PDR) reference staff at 1(800) 397–4209, (301) 415–4737, or via e-mail to pdr@nrc.gov. erowe on DSK5CLS3C1PROD with NOTICES There are no meetings scheduled for the week of August 30, 2010. Week of September 6, 2010—Tentative BILLING CODE 7590–01–P VerDate Mar<15>2010 14:41 Aug 02, 2010 Jkt 220001 Dated: July 29, 2010. Richard J. Laufer, Technical Coordinator, Office of the Secretary. [FR Doc. 2010–19131 Filed 7–30–10; 4:15 pm] Week of August 30, 2010—Tentative [FR Doc. 2010–19015 Filed 8–2–10; 8:45 am] braille, large print), please notify Angela Bolduc, Chief, Employee/Labor Relations and Work Life Branch, at 301– 492–2230, TDD: 301–415–2100, or by email at angela.bolduc@nrc.gov. mailto:dlc@nrc.gov. mailto:aks@nrc.gov Determinations on requests for reasonable accommodation will be made on a case-by-case basis. * * * * * This notice is distributed electronically to subscribers. If you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301–415–1969), or send an e-mail to darlene.wright@nrc.gov. 9:30 a.m. Meeting with Organization of Agreement States (OAS) and Conference of Radiation Control Program Directors (CRCPD) (Public Meeting) (Contact: Cindy Flannery, 301–415–0223). This meeting will be webcast live at the Web address—https://www.nrc.gov. ML102020267 Dated at Rockville, Maryland, this 21 day of July 2010. For the Nuclear Regulatory Commission. Marissa G. Bailey, Deputy Director,Special Projects and Technical Support Directorate, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards. 45679 There are no meetings scheduled for the week of September 6, 2010. * * * * * *The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings, call (recording)—(301) 415–1292. Contact person for more information: Rochelle Bavol, (301) 415–1651. * * * * * The NRC Commission Meeting Schedule can be found on the Internet at:https://www.nrc.gov/about-nrc/policymaking/schedule.html. * * * * * The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g. PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 BILLING CODE 7590–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #12248 and #12249] Oklahoma Disaster #OK–00043 U.S. Small Business Administration. ACTION: Notice. This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Oklahoma (FEMA–1926– DR), dated 07/26/2010. Incident: Severe Storms, Tornadoes, Straight-line Winds, and Flooding. Incident Period: 06/13/2010 through 06/15/2010. DATES: Effective Date: 07/26/2010. Physical Loan Application Deadline Date: 09/24/2010. Economic Injury (EIDL) Loan Application Deadline Date: 04/26/2011. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration,Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President’s major disaster declaration on 07/26/2010, Private Non-Profit organizations that provide essential services of governmental nature may file disaster loan applications at the address listed above or other locally announced locations. SUMMARY: E:\FR\FM\03AUN1.SGM 03AUN1

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[Federal Register Volume 75, Number 148 (Tuesday, August 3, 2010)]
[Notices]
[Pages 45678-45679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19015]



[[Page 45678]]

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

NUCLEAR REGULATORY COMMISSION

[NRC-2009-0303]


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

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of availability.

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

FOR FURTHER INFORMATION CONTACT: Tamara D. Powell, Nuclear Process 
Engineer, Technical Support Branch, 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) 492-3211; Fax: (301) 492-3363; E-mail: Tamara.Powell@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Nuclear Regulatory Commission (NRC) prepares and issues Interim 
Staff Guidance (ISG) documents for fuel cycle facilities. These ISG 
documents provide clarifying guidance to the NRC staff when reviewing 
licensee's integrated safety analyses (ISA), license applications, 
amendment requests, or other related licensing activities for fuel 
cycle facilities under Title 10 of the Code of Federal Regulations (10 
CFR) Part 70. This notice is being published to inform the public that 
after general revision based on NRC staff and public comment, FCSS-ISG-
12, Revision 0, ``10 CFR Part 70, Appendix A--Reportable Safety 
Events,'' Revision 0, has been issued and is provided for information, 
however additional comments will be accepted. The final disposition of 
the information addressed in this guidance may later be issued as an 
NRC Regulatory Guide.

II. Discussion of Significant Comments and Changes

    On July 10, 2009, notice was given in the Federal Register (74 FR 
33281) of the availability for public comment of the draft of FCSS-ISG-
12 (then numbered FCSS-ISG-11). In response to comments received on the 
draft ISG, the following modifications were made.
    The NRC made minor editorial changes and re-numbered the ISG to be 
consistent with existing Fuel Cycle Safety and Safeguards ISG 
documents. In addition, there was a general comment from one 
commentator about the NRC's interpretation of when event ``discovery'' 
occurs. The commentator considers event ``discovery'' to have occurred 
after the initial event has been observed, appropriate internal 
notifications made, and a licensee determination made that the event 
meets the applicable reporting requirements. The commentator further 
believes that the time of ``discovery'' will vary because it is driven 
by the culmination of three actions, and, as such, should not be 
determined based solely upon the occurrence of the actual event or the 
observation. The NRC agrees that event ``discovery'' will vary and 
starts when an individual who, by position or experience, is expected 
to understand that a particular condition or event adversely impacts 
safety observes, identifies, or is notified of a safety significant 
event or condition. The NRC, however, does not agree that the time of 
``discovery'' is delayed until after the licensee has determined 
reportability. As stated in the guidance, the twenty-four hour time 
period for reportable events allows for this evaluation and 
determination step. The more substantive comments on the draft ISG are 
summarized below along with the NRC's response.

Proposed Time of Discovery Section

    Some general editorial comments were suggested by the commentator 
related to the event ``discovery'' concern discussed above; however, 
the NRC determined that the proposed changes in wording could create 
ambiguity so no changes were made. There was also a recommendation that 
the third example in Table 1, ``Examples of Discovery Determination,'' 
be changed to state that the time of ``discovery'' would be when the 
operator informed the supervisor of the possible exposure not when the 
operator realized that he would have been exposed. The staff reviewed 
the suggested revision and determined that a cognizant individual, as 
defined earlier in the guidance, may not necessarily be aware of the 
NRC reporting requirements, but should understand when a condition 
impacts safety. The NRC expects that operators would be trained to 
recognize, when possible, when they may have received an acute exposure 
to a hazardous material such as UF6, therefore no change to 
the wording was made.

Loss or Degradation of Items Relied on for Safety (IROFS) Section

    The last sentence of this section states that all situations where 
IROFS have failed or degraded are reportable. One commentator suggested 
that this section be edited to remove this statement because IROFS may 
have failed or become degraded without meeting the reporting 
requirement. The NRC disagreed with removing this statement, but 
rearranged the section for clarity. The intent of ``all other 
situations'' in the sentence in question was meant to apply to those 
situations not discussed in the section.

Inadequate ISA Section

    The NRC did not receive any comments on this section, however 
substantial edits were made. The use of the concept ``creditable 
controls'' and the term ``non-IROFS'' were removed from this section. 
10 CFR 70.61 (e) requires that the controls needed to meet the 
performance requirements be designated as IROFS. The NRC determined 
that using ``non-IROFS'' in combination with available IROFS to meet 
the performance requirements was not supported by the regulations.

Press Release Section

    With respect to licensee-issued press releases, the guidance states 
that routine radiation releases are not specifically reportable under 
Appendix A unless the release receives media attention. One commentator 
indicated that 10 CFR Part 70 licensees issue semi-annual reports on 
effluent releases which are routine radiation releases of low safety 
significance. The commentator felt that simple media inquiries about 
these routine radiation releases should not result in a required report 
to the NRC. The regulation states that, ``[a]ny event or situation 
related to the health and safety of the public or onsite personnel, or 
protection of the environment, for which a news release is 
planned[hellip]shall be reported.'' In the example of an effluent 
release which has some impact on the environment, media attention would 
likely result and should be reported. The NRC agrees that simple media 
inquiries may not necessarily result in reportability, but if a news 
release is planned in response to such inquiries, this would be 
reportable. The NRC revised the section to clarify that radiation 
releases that receive ``significant media attention'' would be 
reportable under paragraph (c) of Appendix A to 10 CFR Part 70.

Attachment C

    The commentator provided a suggested revision to the flow chart in 
Attachment C. The NRC reviewed the suggested changes and determined 
that if followed, the revised flow chart would lead to the failure to 
report under paragraph (a)(5) of Appendix A. Therefore, the NRC did not 
incorporate the suggested revisions and removed the flow chart from the 
ISG.

[[Page 45679]]

Glossary Section

    The NRC agreed with the commentator that the definition for 
``degraded IROFS'' should be modified to ensure consistency of use 
throughout the guidance. The NRC incorporated, in part, the suggested 
change. The NRC did not incorporate that portion of the suggested 
change which would have stated that a degraded IROFS was also an IROFS 
that is ``potentially unable to perform the required safety function.'' 
The NRC determined that an IROFS meeting this part of the definition 
would, in many cases, be considered a failed IROFS and did not include 
this portion in the revision. The NRC also removed the definitions of 
``non-IROFS'' and ``creditable control'' for the reasons discussed 
earlier in this notice.

III. Further Information

    The NRC maintains an Agencywide Documents Access and Management 
System (ADAMS), which provides text and image files of NRC's public 
documents. These documents may be accessed through the NRC's Public 
Electronic Reading Room on the Internet at https://www.nrc.gov/reading-rm/adams.html. The ADAMS accession number for the document related to 
this notice is provided in the following table.

------------------------------------------------------------------------
                                                              ADAMS
                 Interim staff guidance                   accession No.
------------------------------------------------------------------------
FCSS Interim Staff Guidance-12, Revision 0.............      ML102020267
------------------------------------------------------------------------

    This document may also be viewed electronically on the public 
computers located at the NRC's PDR, O1-F21, One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction 
contractor will copy documents for a fee. Persons who do not have 
access to ADAMS or who encounter problems in accessing the documents 
located in ADAMS should contact the NRC Public Document Room (PDR) 
reference staff at 1(800) 397-4209, (301) 415-4737, or via e-mail to 
pdr@nrc.gov.

    Dated at Rockville, Maryland, this 21 day of July 2010.

    For the Nuclear Regulatory Commission.
Marissa G. Bailey,
Deputy Director,Special Projects and Technical Support Directorate, 
Division of Fuel Cycle Safety and Safeguards, Office of Nuclear 
Material Safety and Safeguards.
[FR Doc. 2010-19015 Filed 8-2-10; 8:45 am]
BILLING CODE 7590-01-P