Access to the Decommissioning Trust Fund for the Disposal of Large Components, 27209-27210 [2019-12342]
Download as PDF
27209
Proposed Rules
Federal Register
Vol. 84, No. 113
Wednesday, June 12, 2019
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 50
[Docket No. PRM–50–119; NRC–2019–0083]
Access to the Decommissioning Trust
Fund for the Disposal of Large
Components
Nuclear Regulatory
Commission.
ACTION: Petition for rulemaking; notice
of docketing and request for comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has received a
petition for rulemaking from Gerard P.
Van Noordennen on behalf of
EnergySolutions, LLC, dated February
22, 2019. The petitioner requests that
the NRC revise its regulations to allow
access to the decommissioning trust
fund for the removal of major
radioactive components before the
permanent cessation of operations. The
petition was docketed by the NRC on
March 20, 2019 and has been assigned
Docket No. PRM–50–119. The NRC is
examining the issues raised in PRM–50–
119 to determine whether they should
be considered in rulemaking. The NRC
is requesting public comment on this
petition at this time.
DATES: Submit comments by August 26,
2019. Comments received after this date
will be considered if it is practical to do
so, but the NRC is able to assure
consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2019–0083. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Email comments to:
Rulemaking.Comments@nrc.gov. If you
jbell on DSK3GLQ082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:20 Jun 11, 2019
Jkt 247001
do not receive an automatic email reply
confirming receipt, then contact us at
301–415–1677.
• Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
• Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
(Eastern Time) Federal workdays;
telephone: 301–415–1677.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Daniel Doyle, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
3748; email: Daniel.Doyle@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2019–
0083 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable information related to this
action by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2019–0083.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to pdr.resource@
nrc.gov. The ADAMS accession number
for each document referenced (if it is
available in ADAMS) is provided the
first time that it is mentioned in this
document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC–2019–
0083 in your comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. The Petitioner and the Petition
The petition was submitted by Gerard
P. Van Noordennen on behalf of
EnergySolutions, LLC. Gerard P. Van
Noordennen is the Vice President of
Regulatory Affairs. The petitioner
requests that the NRC amend part 50 of
title 10 of the Code of Federal
Regulations (10 CFR) to revise the
criteria for decommissioning and allow
the use of the decommissioning trust
fund for the disposal of major
radioactive components before the
permanent cessation of operations. The
petition may be found in ADAMS at
Accession No. ML19079A293.
III. Discussion of the Petition
The petitioner requests that the NRC
amend 10 CFR part 50 to revise the
definition of decommissioning in § 50.2
and amend § 50.82 to allow access to the
decommissioning trust fund before the
permanent cessation of operations at
nuclear power plants. The petitioner
observes that many factors within the
nuclear power industry have changed
since 2007, when the petitioner
submitted a request for petition for
rulemaking on similar issues (ADAMS
Accession No. ML071570539), which
was docketed by the NRC as PRM–50–
E:\FR\FM\12JNP1.SGM
12JNP1
27210
Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules
88 and later denied. The petitioner
suggests that granting the petition will
remove unnecessary burden from
licensees who store major radioactive
components on their sites during plant
operations because they cannot use
decommissioning funds for disposal of
these components. Storing these
components on site results in costs to
build and maintain storage structures
and to monitor for releases and
exposures. The petitioner observes that
the removal and disposal of components
during operations could be considered
as activities that would be part of the
decommissioning process; therefore,
decommissioning funds could be used
for disposal of the components before
permanent cessation of operations, in
cases where excess funds can be shown
to exist. The petitioner also observes
that onsite storage of major radioactive
components leads to unnecessary
regulatory burdens for their
maintenance and monitoring, including
a potential for worker exposure.
4. Are there other innovative financial
approaches that could be considered by
the NRC or a licensee for dispositioning
major radioactive components while a
nuclear power plant is operating, while
still ensuring that sufficient funds will
be available for decommissioning?
Provide an explanation for your
response.
V. Conclusion
The NRC has determined that the
petition meets the threshold sufficiency
requirements for docketing a petition for
rulemaking under 10 CFR 2.803. The
NRC is examining the issues raised in
PRM–50–119 to determine whether they
should be considered in rulemaking.
Dated at Rockville, Maryland, this 6th day
of June, 2019.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2019–12342 Filed 6–11–19; 8:45 am]
BILLING CODE 7590–01–P
jbell on DSK3GLQ082PROD with PROPOSALS
IV. Request for Comment
The NRC is requesting public
comment on the following specific
questions:
1. Licensees currently may use their
own internal operating funds to dispose
of major radioactive components (e.g.,
steam generators) during plant
operation, or they may choose to wait
until decommissioning begins to use
funds set aside for decommissioning.
What advantages or disadvantages do
you see to either approach, which are
available under the current regulations?
Provide an explanation for your
response.
2. Should the NRC revise its
regulations to allow a licensee the
option to use funds set aside for
radiological decommissioning
(decommissioning trust fund) to dispose
of major radioactive components (e.g.,
steam generators) while the nuclear
power plant is still operating? Provide
an explanation for your response.
3. What criteria should the NRC
consider for a licensee to be able to use
the decommissioning trust fund early
for large component disposal? For
example, the NRC could require a
licensee to provide a site-specific
decommissioning cost estimate at the
time of a request for early access to
funds. The NRC also could require
annual reports that funds in the
decommissioning trust will be adequate
to meet the decommissioning cost
estimate. Would such criteria be
sufficient to ensure that adequate
decommissioning funds will be
available during decommissioning?
VerDate Sep<11>2014
16:20 Jun 11, 2019
Jkt 247001
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0396]
RIN 1625–AA00
Safety Zone; AASCIF Fireworks
Display, Lake Erie, Cleveland, OH
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone for
certain waters of Lake Erie during the
AASCIF Fireworks display. This action
is necessary to provide for the safety of
life on these navigable waters near the
Great Lakes Science Center, Cleveland,
OH, during a fireworks display on July
21, 2019. This proposed rulemaking
would prohibit persons and vessels
from being in the safety zone unless
authorized by the Captain of the Port
Buffalo or a designated representative.
We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 12, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0396 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUMMARY:
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email LT Ryan
Junod, Chief of Waterways Management,
U.S. Coast Guard Marine Safety Unit
Cleveland; telephone 216–937–0124,
email Ryan.S.Junod@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On March 4, 2019, the American
Association of State Compensation
Insurance Funds notified the Coast
Guard that it will be conducting a
fireworks display from 9:30 p.m.
through 9:35 p.m. on July 21, 2019. The
fireworks are to be launched from land
at position 41°30′26″ N and 81°42′11″ W
near Cleveland, OH. Hazards from
firework displays include accidental
discharge of fireworks, dangerous
projectiles, and falling hot embers or
other debris. The Captain of the Port
Buffalo (COTP) has determined that
potential hazards associated with the
fireworks to be used in this display
would be a safety concern for anyone
within a 350-foot radius of the fireworks
launch site.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within a 350-foot
radius of position 41°30′26″ N and
81°42′11″ W before, during, and after
the scheduled event. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously
33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone from 9:15 p.m. through 9:50
p.m. on July 21, 2019. The safety zone
would cover all navigable waters within
350 feet of position 41°30′26″ N and
81°42′11″ W near Lake Erie, Cleveland,
OH. The duration of the zone is
intended to ensure the safety of vessels
and these navigable waters before,
during, and after the scheduled 9:30
p.m. through 9:35 p.m. fireworks
display. No vessel or person would be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
The regulatory text we are proposing
appears at the end of this document.
E:\FR\FM\12JNP1.SGM
12JNP1
Agencies
[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Proposed Rules]
[Pages 27209-27210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12342]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 /
Proposed Rules
[[Page 27209]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
[Docket No. PRM-50-119; NRC-2019-0083]
Access to the Decommissioning Trust Fund for the Disposal of
Large Components
AGENCY: Nuclear Regulatory Commission.
ACTION: Petition for rulemaking; notice of docketing and request for
comment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received a
petition for rulemaking from Gerard P. Van Noordennen on behalf of
EnergySolutions, LLC, dated February 22, 2019. The petitioner requests
that the NRC revise its regulations to allow access to the
decommissioning trust fund for the removal of major radioactive
components before the permanent cessation of operations. The petition
was docketed by the NRC on March 20, 2019 and has been assigned Docket
No. PRM-50-119. The NRC is examining the issues raised in PRM-50-119 to
determine whether they should be considered in rulemaking. The NRC is
requesting public comment on this petition at this time.
DATES: Submit comments by August 26, 2019. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to assure consideration only for comments received on or before
this date.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0083. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Daniel Doyle, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-3748; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2019-0083 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0083.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. The ADAMS accession number for each
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in this document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2019-0083 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. The Petitioner and the Petition
The petition was submitted by Gerard P. Van Noordennen on behalf of
EnergySolutions, LLC. Gerard P. Van Noordennen is the Vice President of
Regulatory Affairs. The petitioner requests that the NRC amend part 50
of title 10 of the Code of Federal Regulations (10 CFR) to revise the
criteria for decommissioning and allow the use of the decommissioning
trust fund for the disposal of major radioactive components before the
permanent cessation of operations. The petition may be found in ADAMS
at Accession No. ML19079A293.
III. Discussion of the Petition
The petitioner requests that the NRC amend 10 CFR part 50 to revise
the definition of decommissioning in Sec. 50.2 and amend Sec. 50.82
to allow access to the decommissioning trust fund before the permanent
cessation of operations at nuclear power plants. The petitioner
observes that many factors within the nuclear power industry have
changed since 2007, when the petitioner submitted a request for
petition for rulemaking on similar issues (ADAMS Accession No.
ML071570539), which was docketed by the NRC as PRM-50-
[[Page 27210]]
88 and later denied. The petitioner suggests that granting the petition
will remove unnecessary burden from licensees who store major
radioactive components on their sites during plant operations because
they cannot use decommissioning funds for disposal of these components.
Storing these components on site results in costs to build and maintain
storage structures and to monitor for releases and exposures. The
petitioner observes that the removal and disposal of components during
operations could be considered as activities that would be part of the
decommissioning process; therefore, decommissioning funds could be used
for disposal of the components before permanent cessation of
operations, in cases where excess funds can be shown to exist. The
petitioner also observes that onsite storage of major radioactive
components leads to unnecessary regulatory burdens for their
maintenance and monitoring, including a potential for worker exposure.
IV. Request for Comment
The NRC is requesting public comment on the following specific
questions:
1. Licensees currently may use their own internal operating funds
to dispose of major radioactive components (e.g., steam generators)
during plant operation, or they may choose to wait until
decommissioning begins to use funds set aside for decommissioning. What
advantages or disadvantages do you see to either approach, which are
available under the current regulations? Provide an explanation for
your response.
2. Should the NRC revise its regulations to allow a licensee the
option to use funds set aside for radiological decommissioning
(decommissioning trust fund) to dispose of major radioactive components
(e.g., steam generators) while the nuclear power plant is still
operating? Provide an explanation for your response.
3. What criteria should the NRC consider for a licensee to be able
to use the decommissioning trust fund early for large component
disposal? For example, the NRC could require a licensee to provide a
site-specific decommissioning cost estimate at the time of a request
for early access to funds. The NRC also could require annual reports
that funds in the decommissioning trust will be adequate to meet the
decommissioning cost estimate. Would such criteria be sufficient to
ensure that adequate decommissioning funds will be available during
decommissioning?
4. Are there other innovative financial approaches that could be
considered by the NRC or a licensee for dispositioning major
radioactive components while a nuclear power plant is operating, while
still ensuring that sufficient funds will be available for
decommissioning? Provide an explanation for your response.
V. Conclusion
The NRC has determined that the petition meets the threshold
sufficiency requirements for docketing a petition for rulemaking under
10 CFR 2.803. The NRC is examining the issues raised in PRM-50-119 to
determine whether they should be considered in rulemaking.
Dated at Rockville, Maryland, this 6th day of June, 2019.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2019-12342 Filed 6-11-19; 8:45 am]
BILLING CODE 7590-01-P