Draft Regulatory Basis for a Potential Rulemaking on Spent Nuclear Fuel Reprocessing Facilities, 34007-34009 [2011-14540]
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Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules
products sold as specified in § 1170.8
during the 7 days ending 12 midnight of
the previous Saturday, local time of the
plant or storage facility where the sales
are made; and that not later than 3 p.m.
Eastern Time on Wednesday of each
week (unless adjusted because of a
Federal holiday and publicly
announced by AMS before the
beginning of the calendar year), AMS
shall publish aggregated information
obtained from manufacturers or other
persons of all products sold as specified
in § 1170.8. Conforming changes are
proposed where necessary since data
collection and publication
responsibilities would be transferred
from NASS to AMS. AMS specifically
requests comments concerning changes
proposed in this rule.
AMS will review all timely comments
received and will consider these
comments in developing a final rule.
List of Subjects in 7 CFR Part 1170
Dairy products, Reporting and
recordkeeping requirements, Cheese,
Butter, Whey, Nonfat dry milk.
For the reasons set forth in the
preamble, it is proposed that 7 CFR part
1170 be amended as follows:
PART 1170—DAIRY PRODUCT
MANDATORY REPORTING
1. The authority citation for 7 CFR
part 1170 is amended to read as follows:
Authority: 7 U.S.C. 1637–1637b, as
amended by Public Law 106–532, 114 Stat.
2541; Public Law 107–171, 116 Stat. 207; and
Public Law. 111–239, 124 Stat. 2501.
2. Revise § 1170.2 to read as follows:
§ 1170.2
Act.
Act means the Agricultural Marketing
Act of 1946, 7 U.S.C. 1621 et seq., as
amended by the Dairy Market
Enhancement Act of 2000, Public Law
106–532, 114 Stat. 2541; the Farm
Security and Rural Investment Act of
2002, Public Law 107–171, 116 Stat.
207; and the Mandatory Price Reporting
Act of 2010, Public Law 111–239, 124
Stat. 2501.
3. Revise § 1170.7 to read as follows:
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
§ 1170.7
Reporting requirements.
(a) All dairy product manufacturers,
with the exception of those who are
exempt as described in § 1170.9, shall
submit a report weekly to the
Agricultural Marketing Service (AMS)
by Tuesday, 12 noon local time of
reporting entities, on all products sold
as specified in § 1170.8 during the 7
days ending 12 midnight of the previous
Saturday, local time of the plant or
storage facility where the sales are
made. If a Federal holiday falls on
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14:30 Jun 09, 2011
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Monday through Wednesday of a
particular week, the due date for report
submission may be adjusted. Prior to the
beginning of each calendar year, AMS
shall release, to manufacturers that are
required to report, the times and dates
that reports are due. The report is to be
submitted by electronic means specified
by AMS and shall indicate the name,
address, plant location(s), quantities
sold, total sales dollars or dollars per
pound for the applicable products, and
the moisture content where applicable.
Each sale shall be reported for the time
period when the transaction is
completed, i.e. the product is ‘‘shipped
out’’ and title transfer occurs. Each sale
shall be reported either f.o.b. plant if the
product is ‘‘shipped out’’ from the plant
or f.o.b. storage facility location if the
product is ‘‘shipped out’’ from a storage
facility. In calculating the total dollars
received or dollars per pound, the
reporting entity shall neither add
transportation charges incurred at the
time the product is ‘‘shipped out’’ or
after the product is ‘‘shipped out’’ nor
deduct transportation charges incurred
before the product is ‘‘shipped out.’’ In
calculating the total dollars received or
dollars per pound, the reporting entity
shall not deduct brokerage fees or
clearing charges paid by the
manufacturer.
(b) Manufacturers or other persons
storing dairy products are required to
report, on a monthly basis, stocks of
dairy products (as defined in § 1170.4)
on hand, on the appropriate forms
supplied by the National Agricultural
Statistic Service. The report shall
indicate the name, address, and stocks
on hand at the end of the month for
each storage location.
4. Revise § 1170.8 (a)(3)(ii) to read as
follows:
§ 1170.8
Price reporting specifications.
*
*
*
*
*
(a) * * *
(3) * * *
(ii) 500-pound barrels: Report
weighted average moisture content of
cheese sold. AMS will adjust price to a
benchmark of 38.0 percent based on
standard moisture adjustment formulas.
Exclude cheese with moisture content
exceeding 37.7 percent.
*
*
*
*
*
5. Add § 1170.17 to read as follows:
§ 1170.17 Publication of statistical
information.
Not later than 3 p.m. Eastern Time on
the Wednesday of each week, AMS shall
publish aggregated information obtained
by manufacturers or other persons of all
products sold as specified in § 1170.8. If
a Federal holiday falls on Monday
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Sfmt 4702
34007
through Wednesday of a particular
week, the due date for report
publication may be adjusted. The public
shall be notified of report times prior to
the beginning of the calendar year.
Dated: June 7, 2011.
Ellen King,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2011–14481 Filed 6–9–11; 8:45 am]
BILLING CODE 3410–02–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 50
[NRC–2010–0267]
Draft Regulatory Basis for a Potential
Rulemaking on Spent Nuclear Fuel
Reprocessing Facilities
Nuclear Regulatory
Commission.
ACTION: Proposed rule; public meeting
and request for comments.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
plans to conduct a two-day public
meeting in Augusta, Georgia, to solicit
input on issues associated with the
development of a draft regulatory basis
document for a potential rulemaking on
spent nuclear fuel reprocessing
facilities.
DATES: The public meeting will be held
on June 21 and 22, 2011, from 9 a.m. to
5 p.m. See ADDRESSES section for public
meeting location. Submit comments on
the issues and questions presented in
this document and discussed at the
meeting by July 7, 2011. Comments
received after this date will be
considered if it is practical to do so.
ADDRESSES: The public meeting will be
held at the Hilton Garden Inn Augusta,
1065 Stevens Creek Road, Augusta, GA
30907; telephone: 706–739–9990. Please
include Docket ID NRC–2010–0267 in
the subject line of your comments.
Comments submitted in writing or in
electronic form will be posted on the
NRC Web site and on the Federal
rulemaking Web site, https://
www.regulations.gov. 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.
The NRC requests that any party
soliciting or aggregating comments
received from other persons for
submission to the NRC inform those
persons that the NRC will not edit their
SUMMARY:
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34008
Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules
comments to remove any identifying or
contact information, and therefore, they
should not include any information in
their comments that they do not want
publicly disclosed. You may submit
comments by any one of the following
methods:
• Federal Rulemaking Web Site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2010–0267. Address questions
about NRC dockets to Carol Gallagher;
telephone: 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 a.m. and 4:15 p.m.
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:
• NRC’s Public Document Room
(PDR): The public may examine and
have copied, for a fee, publicly available
documents at the NRC’s PDR, Room O1–
F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland
20852.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): Publicly available documents
created or received at the NRC are
available online in the NRC Library 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 the
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.
• Federal Rulemaking Web Site:
Public comments and supporting
materials related to this proposed rule
can be found at https://
www.regulations.gov by searching on
Docket ID NRC–2010–0267.
FOR FURTHER INFORMATION CONTACT: Raj
Iyengar, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–492–
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14:30 Jun 09, 2011
Jkt 223001
3174; e-mail: Raj.lyengar@nrc.gov or
John Sulima, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–492–
3180; e-mail: John.Sulima@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Commission directed the NRC
staff, in a staff requirements
memorandum, SRM–SECY–07–0081
(ML071800084), to perform a gap
analysis to identify what changes in
regulatory requirements would be
necessary to license a reprocessing
facility. The staff was also directed to
provide a technical basis document with
recommended options on a path
forward and an associated rulemaking
plan, if appropriate, for licensing
facilities associated with reprocessing of
spent nuclear fuel. The staff provided
the Commission with information on
the regulatory structure for spent fuel
reprocessing (SECY–08–0134,
ML082110363) and an update on the
reprocessing regulatory framework
(SECY–09–0082, ML091520280 and
ML091520365). In May 2010, the staff
provided, in a memorandum to the
Commission, an annual update on
reprocessing activities and stated that it
anticipated that it could complete the
draft regulatory basis (formerly referred
to as ‘‘technical basis’’) by September
2011.
The NRC has the authority under the
Atomic Energy Act to license
commercial spent fuel reprocessing
facilities. Currently, Title 10 of the Code
of Federal Regulations (10 CFR) Part 50,
‘‘Domestic Licensing of Production and
Utilization Facilities,’’ provides the
licensing framework for production and
utilization facilities. Although a
reprocessing facility is one type of
production facility, its industrial
processes are more akin to fuel cycle
processes. This framework was
established in the 1970’s to license the
first U.S. reprocessing facilities. The
policy decision by the Carter
Administration to cease reprocessing
initiatives was based, in part, on the
proliferation risks posed by the early
reprocessing technology. While that
policy was reversed during the Reagan
Administration, until recently there was
no commercial interest in reprocessing
and, hence, no need to update the
existing reprocessing regulatory
framework in 10 CFR part 50.
Although commercial reprocessing
interest waned, the Department of
Energy (DOE) continued to pursue
reprocessing technology development
through the National Laboratories. The
DOE has sought to decrease
PO 00000
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Fmt 4702
Sfmt 4702
proliferation risk and spent fuel highlevel waste through developing more
sophisticated reprocessing technologies.
During the Bush Administration, the
Global Nuclear Energy Partnership
(GNEP) renewed interest in commercial
reprocessing. The GNEP sought to
expand the use of civilian nuclear
power globally and close the nuclear
fuel cycle through reprocessing spent
fuel and deploying fast reactors to burn
long-lived actinides. In response to
these initiatives, the Commission
directed the staff to complete an
analysis of 10 CFR part 50 to identify
regulatory gaps for licensing an
advanced reprocessing facility.
In mid-2008, two nuclear industry
companies informed the NRC of their
intent to seek a license for a
reprocessing facility in the U.S. An
additional company expressed its
support for updating the regulatory
framework for reprocessing, but stopped
short of stating its intent to seek a
license for such a facility. At the time,
the NRC staff also noted that progress on
some GNEP initiatives had waned and
it appeared appropriate to shift the
focus of the NRC staff’s efforts from
specific GNEP-facility regulations to a
more broadly applicable framework for
commercial reprocessing facilities.
In SECY–08–0134, the staff discussed
the shift in its approach to developing
the regulatory framework for
commercial reprocessing facilities. The
staff noted that it would defer additional
work on regulatory framework
development efforts for advanced
recycling reactors and focus on the
framework revisions necessary to
license a commercial reprocessing
facility. As a result of this shift, an
additional review of the initial gap
analysis was warranted.
The NRC staff further refined the
regulatory gap analysis by focusing on
commercial reprocessing and recycling
using existing reactor technology. The
staff summarized this analysis in SECY–
09–0082. The staff’s gap analysis
identified 14 ‘‘high’’ priority gaps that
must be resolved to establish an
effective and efficient regulatory
framework. The NRC staff’s regulatory
gap analysis considered several
documents in its analysis, including:
NUREG–1909, a white paper authored
by the Advisory Committee on Nuclear
Waste and Materials, titled
‘‘Background, Status and Issues Related
to the Regulation of Advanced Spent
Nuclear Fuel Recycle Facilities,’’ issued
June 2008; correspondence from the
Union of Concerned Scientists titled,
‘‘Revising the Rules for Materials
Protection, Control and Accounting;’’
and a Nuclear Energy Institute white
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paper titled, ‘‘Regulatory Framework for
an NRC Licensed Recycling Facility.’’
Building on the gap analysis, efforts
are currently underway to develop a
regulatory basis (formerly known as
‘‘technical basis’’) to pursue rulemaking
that would enable the effective licensing
and regulation of reprocessing facilities.
The status of the regulatory basis
development and estimated schedule for
completing the reprocessing regulatory
framework development are
summarized in the May 14, 2010,
memorandum to the Commission
(ADAMS ML101110444).
Stakeholder perspectives have
provided significant input into the
development process through the two
public workshops which occurred on
September 8, 2010, in Rockville,
Maryland, and on October 19, 2010, in
Albuquerque, New Mexico. The NRC
staff considered the stakeholders’
feedback in the development of the
regulatory framework. The proposed
workshop in Augusta, Georgia is
intended to further enhance the
development of the regulatory
framework and to continue the pursuit
of an open and transparent regulatory
process.
The NRC develops a foundation for a
rulemaking before beginning the process
to develop the rule. An adequate
regulatory basis forms the foundation
for a rule. The regulatory basis provides
the justification for rulemaking as the
appropriate path forward, describes the
technical, legal, or policy information
that supports the direction and content
of the rulemaking, and provides a basis
for informed decisions to be made as the
rulemaking process continues. A
regulatory basis may include
background information and a listing of
documents that supported or addressed
the current regulation or policy, or that
support staff positions in the regulatory
basis.
The NRC staff is using the gaps and
their resolution as the framework for the
regulatory basis for a potential
rulemaking for licensing a spent nuclear
fuel reprocessing facility. The NRC staff
is in the process of completing an initial
draft of the regulatory basis. To facilitate
stakeholder involvement and obtain
comments on the NRC’s approach and
rationale for resolving the regulatory
gaps, the staff is compiling summaries
of the initial draft text for each gap. The
gap summaries, as appropriate, will
include questions where the NRC staff
is seeking input that will assist in
completing the draft regulatory basis.
During any potential rulemaking, the
NRC staff will consider the need for and
the development of associated guidance.
Thus, the NRC staff is compiling a list
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of potentially pertinent guidance
documents. The summary documents
for the gaps and a listing of potentially
pertinent guidance documents will be
made available at https://
www.regulations.gov under Docket ID
NRC–2010–0267 no later than 15 days
prior to the meeting on June 21–22,
2011.
The agenda for the public meeting
will be noticed ten (10) days prior to the
meeting on the NRC’s public meeting
schedule Web site at https://
www.nrc.gov/public-involve/publicmeetings/index.cfm. Please refer to the
Section II of the SUPPLEMENTARY
INFORMATION section for additional
information on the issues proposed for
discussion at the public workshops.
Members of the public may provide
feedback at the transcribed public
meeting or may submit comments on
the issues discussed in this document
by any method provided in the
ADDRESSES section.
The NRC plans to consider these
stakeholder views in the development of
the draft regulatory basis. During the
June 21–22, 2011, public meeting, the
NRC staff will invite representatives of
interested stakeholders, in a
‘‘roundtable’’ format, to provide input,
comments, and perspectives on the
issues being considered in the
development of the draft regulatory
basis for a potential rulemaking on
spent nuclear fuel reprocessing
facilities. In order to have a manageable
discussion, the number of participants
around the table will be limited. The
NRC will attempt to ensure broad
participation by the spectrum of
interests affected by the potential
rulemaking, including citizen and
environmental groups, nuclear industry
interests, State, and local governments,
and experts from academia and other
Federal agencies. Other members of the
public are welcome to attend and
participate. Those not seated at the
tables, including individual members of
the public, will have the opportunity to
provide feedback on each of the issues
slated for discussion by the roundtable
participants. Questions about
participation in the roundtable
discussion may be directed to the points
of contact listed in the FOR FURTHER
INFORMATION CONTACT section.
considerations, (3) safety, risk, and
licensing considerations, and (4)
security considerations and materials
control and accounting. Each area
includes the gaps related to that topic.
In the summary documents posted at
https://www.regulations.gov, specific
questions related to the gaps will be
included. These questions will shape
the public meeting discussion and the
feedback obtained will be considered in
the resolution of the gaps.
As part of the potential rulemaking,
the NRC staff will consider the need for
and development of associated
guidance. The listing of potentially
pertinent guidance documents will be
made available prior to the meeting on
June 21–22, 2011, at https://
www.regulations.gov under Docket ID
NRC–2010–0267. This list will include
standard review plans that may be
applicable to the potential rulemaking.
Furthermore, in developing options
for a potential rulemaking the NRC staff
seeks information on what timeline
should be considered for rulemaking. Is
there a point when it becomes critical
for this rulemaking to become effective?
Dated at Rockville, Maryland this 6th day
of June, 2011.
For the Nuclear Regulatory Commission.
Jack Guttmann,
Chief, Engineering Branch, Technical Review
Directorate, Division of High Level Waste
Repository Safety, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2011–14540 Filed 6–9–11; 8:45 am]
BILLING CODE 7590–01–P
II. Issues for Discussion
During the public meeting, the NRC
plans to solicit stakeholder comments
and feedback during separate discussion
sessions, which will broadly cover four
main areas of the regulatory basis for
licensing commercial reprocessing
facilities: (1) Regulatory framework, (2)
waste management and environmental
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]]>Agencies
[Federal Register Volume 76, Number 112 (Friday, June 10, 2011)]
[Proposed Rules]
[Pages 34007-34009]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14540]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
[NRC-2010-0267]
Draft Regulatory Basis for a Potential Rulemaking on Spent
Nuclear Fuel Reprocessing Facilities
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule; public meeting and request for comments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission)
plans to conduct a two-day public meeting in Augusta, Georgia, to
solicit input on issues associated with the development of a draft
regulatory basis document for a potential rulemaking on spent nuclear
fuel reprocessing facilities.
DATES: The public meeting will be held on June 21 and 22, 2011, from 9
a.m. to 5 p.m. See ADDRESSES section for public meeting location.
Submit comments on the issues and questions presented in this document
and discussed at the meeting by July 7, 2011. Comments received after
this date will be considered if it is practical to do so.
ADDRESSES: The public meeting will be held at the Hilton Garden Inn
Augusta, 1065 Stevens Creek Road, Augusta, GA 30907; telephone: 706-
739-9990. Please include Docket ID NRC-2010-0267 in the subject line of
your comments. Comments submitted in writing or in electronic form will
be posted on the NRC Web site and on the Federal rulemaking Web site,
https://www.regulations.gov. 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.
The NRC requests that any party soliciting or aggregating comments
received from other persons for submission to the NRC inform those
persons that the NRC will not edit their
[[Page 34008]]
comments to remove any identifying or contact information, and
therefore, they should not include any information in their comments
that they do not want publicly disclosed. You may submit comments by
any one of the following methods:
Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for documents filed under Docket ID NRC-
2010-0267. Address questions about NRC dockets to Carol Gallagher;
telephone: 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 a.m. and 4:15 p.m. 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:
NRC's Public Document Room (PDR): The public may examine
and have copied, for a fee, publicly available documents at the NRC's
PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852.
NRC's Agencywide Documents Access and Management System
(ADAMS): Publicly available documents created or received at the NRC
are available online in the NRC Library 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 the 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.
Federal Rulemaking Web Site: Public comments and
supporting materials related to this proposed rule can be found at
https://www.regulations.gov by searching on Docket ID NRC-2010-0267.
FOR FURTHER INFORMATION CONTACT: Raj Iyengar, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-492-3174; e-mail:
Raj.lyengar@nrc.gov or John Sulima, Office of Nuclear Material Safety
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-492-3180; e-mail: John.Sulima@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Commission directed the NRC staff, in a staff requirements
memorandum, SRM-SECY-07-0081 (ML071800084), to perform a gap analysis
to identify what changes in regulatory requirements would be necessary
to license a reprocessing facility. The staff was also directed to
provide a technical basis document with recommended options on a path
forward and an associated rulemaking plan, if appropriate, for
licensing facilities associated with reprocessing of spent nuclear
fuel. The staff provided the Commission with information on the
regulatory structure for spent fuel reprocessing (SECY-08-0134,
ML082110363) and an update on the reprocessing regulatory framework
(SECY-09-0082, ML091520280 and ML091520365). In May 2010, the staff
provided, in a memorandum to the Commission, an annual update on
reprocessing activities and stated that it anticipated that it could
complete the draft regulatory basis (formerly referred to as
``technical basis'') by September 2011.
The NRC has the authority under the Atomic Energy Act to license
commercial spent fuel reprocessing facilities. Currently, Title 10 of
the Code of Federal Regulations (10 CFR) Part 50, ``Domestic Licensing
of Production and Utilization Facilities,'' provides the licensing
framework for production and utilization facilities. Although a
reprocessing facility is one type of production facility, its
industrial processes are more akin to fuel cycle processes. This
framework was established in the 1970's to license the first U.S.
reprocessing facilities. The policy decision by the Carter
Administration to cease reprocessing initiatives was based, in part, on
the proliferation risks posed by the early reprocessing technology.
While that policy was reversed during the Reagan Administration, until
recently there was no commercial interest in reprocessing and, hence,
no need to update the existing reprocessing regulatory framework in 10
CFR part 50.
Although commercial reprocessing interest waned, the Department of
Energy (DOE) continued to pursue reprocessing technology development
through the National Laboratories. The DOE has sought to decrease
proliferation risk and spent fuel high-level waste through developing
more sophisticated reprocessing technologies.
During the Bush Administration, the Global Nuclear Energy
Partnership (GNEP) renewed interest in commercial reprocessing. The
GNEP sought to expand the use of civilian nuclear power globally and
close the nuclear fuel cycle through reprocessing spent fuel and
deploying fast reactors to burn long-lived actinides. In response to
these initiatives, the Commission directed the staff to complete an
analysis of 10 CFR part 50 to identify regulatory gaps for licensing an
advanced reprocessing facility.
In mid-2008, two nuclear industry companies informed the NRC of
their intent to seek a license for a reprocessing facility in the U.S.
An additional company expressed its support for updating the regulatory
framework for reprocessing, but stopped short of stating its intent to
seek a license for such a facility. At the time, the NRC staff also
noted that progress on some GNEP initiatives had waned and it appeared
appropriate to shift the focus of the NRC staff's efforts from specific
GNEP-facility regulations to a more broadly applicable framework for
commercial reprocessing facilities.
In SECY-08-0134, the staff discussed the shift in its approach to
developing the regulatory framework for commercial reprocessing
facilities. The staff noted that it would defer additional work on
regulatory framework development efforts for advanced recycling
reactors and focus on the framework revisions necessary to license a
commercial reprocessing facility. As a result of this shift, an
additional review of the initial gap analysis was warranted.
The NRC staff further refined the regulatory gap analysis by
focusing on commercial reprocessing and recycling using existing
reactor technology. The staff summarized this analysis in SECY-09-0082.
The staff's gap analysis identified 14 ``high'' priority gaps that must
be resolved to establish an effective and efficient regulatory
framework. The NRC staff's regulatory gap analysis considered several
documents in its analysis, including: NUREG-1909, a white paper
authored by the Advisory Committee on Nuclear Waste and Materials,
titled ``Background, Status and Issues Related to the Regulation of
Advanced Spent Nuclear Fuel Recycle Facilities,'' issued June 2008;
correspondence from the Union of Concerned Scientists titled,
``Revising the Rules for Materials Protection, Control and
Accounting;'' and a Nuclear Energy Institute white
[[Page 34009]]
paper titled, ``Regulatory Framework for an NRC Licensed Recycling
Facility.''
Building on the gap analysis, efforts are currently underway to
develop a regulatory basis (formerly known as ``technical basis'') to
pursue rulemaking that would enable the effective licensing and
regulation of reprocessing facilities. The status of the regulatory
basis development and estimated schedule for completing the
reprocessing regulatory framework development are summarized in the May
14, 2010, memorandum to the Commission (ADAMS ML101110444).
Stakeholder perspectives have provided significant input into the
development process through the two public workshops which occurred on
September 8, 2010, in Rockville, Maryland, and on October 19, 2010, in
Albuquerque, New Mexico. The NRC staff considered the stakeholders'
feedback in the development of the regulatory framework. The proposed
workshop in Augusta, Georgia is intended to further enhance the
development of the regulatory framework and to continue the pursuit of
an open and transparent regulatory process.
The NRC develops a foundation for a rulemaking before beginning the
process to develop the rule. An adequate regulatory basis forms the
foundation for a rule. The regulatory basis provides the justification
for rulemaking as the appropriate path forward, describes the
technical, legal, or policy information that supports the direction and
content of the rulemaking, and provides a basis for informed decisions
to be made as the rulemaking process continues. A regulatory basis may
include background information and a listing of documents that
supported or addressed the current regulation or policy, or that
support staff positions in the regulatory basis.
The NRC staff is using the gaps and their resolution as the
framework for the regulatory basis for a potential rulemaking for
licensing a spent nuclear fuel reprocessing facility. The NRC staff is
in the process of completing an initial draft of the regulatory basis.
To facilitate stakeholder involvement and obtain comments on the NRC's
approach and rationale for resolving the regulatory gaps, the staff is
compiling summaries of the initial draft text for each gap. The gap
summaries, as appropriate, will include questions where the NRC staff
is seeking input that will assist in completing the draft regulatory
basis. During any potential rulemaking, the NRC staff will consider the
need for and the development of associated guidance. Thus, the NRC
staff is compiling a list of potentially pertinent guidance documents.
The summary documents for the gaps and a listing of potentially
pertinent guidance documents will be made available at https://www.regulations.gov under Docket ID NRC-2010-0267 no later than 15 days
prior to the meeting on June 21-22, 2011.
The agenda for the public meeting will be noticed ten (10) days
prior to the meeting on the NRC's public meeting schedule Web site at
https://www.nrc.gov/public-involve/public-meetings/index.cfm. Please
refer to the Section II of the SUPPLEMENTARY INFORMATION section for
additional information on the issues proposed for discussion at the
public workshops. Members of the public may provide feedback at the
transcribed public meeting or may submit comments on the issues
discussed in this document by any method provided in the ADDRESSES
section.
The NRC plans to consider these stakeholder views in the
development of the draft regulatory basis. During the June 21-22, 2011,
public meeting, the NRC staff will invite representatives of interested
stakeholders, in a ``roundtable'' format, to provide input, comments,
and perspectives on the issues being considered in the development of
the draft regulatory basis for a potential rulemaking on spent nuclear
fuel reprocessing facilities. In order to have a manageable discussion,
the number of participants around the table will be limited. The NRC
will attempt to ensure broad participation by the spectrum of interests
affected by the potential rulemaking, including citizen and
environmental groups, nuclear industry interests, State, and local
governments, and experts from academia and other Federal agencies.
Other members of the public are welcome to attend and participate.
Those not seated at the tables, including individual members of the
public, will have the opportunity to provide feedback on each of the
issues slated for discussion by the roundtable participants. Questions
about participation in the roundtable discussion may be directed to the
points of contact listed in the FOR FURTHER INFORMATION CONTACT
section.
II. Issues for Discussion
During the public meeting, the NRC plans to solicit stakeholder
comments and feedback during separate discussion sessions, which will
broadly cover four main areas of the regulatory basis for licensing
commercial reprocessing facilities: (1) Regulatory framework, (2) waste
management and environmental considerations, (3) safety, risk, and
licensing considerations, and (4) security considerations and materials
control and accounting. Each area includes the gaps related to that
topic.
In the summary documents posted at https://www.regulations.gov,
specific questions related to the gaps will be included. These
questions will shape the public meeting discussion and the feedback
obtained will be considered in the resolution of the gaps.
As part of the potential rulemaking, the NRC staff will consider
the need for and development of associated guidance. The listing of
potentially pertinent guidance documents will be made available prior
to the meeting on June 21-22, 2011, at https://www.regulations.gov under
Docket ID NRC-2010-0267. This list will include standard review plans
that may be applicable to the potential rulemaking.
Furthermore, in developing options for a potential rulemaking the
NRC staff seeks information on what timeline should be considered for
rulemaking. Is there a point when it becomes critical for this
rulemaking to become effective?
Dated at Rockville, Maryland this 6th day of June, 2011.
For the Nuclear Regulatory Commission.
Jack Guttmann,
Chief, Engineering Branch, Technical Review Directorate, Division of
High Level Waste Repository Safety, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2011-14540 Filed 6-9-11; 8:45 am]
BILLING CODE 7590-01-P
