Interim Staff Guidance: Use of the Decommissioning Trust Fund During Operations for Major Radioactive Component Disposal, 63447-63448 [2024-17236]

Download as PDF Federal Register / Vol. 89, No. 150 / Monday, August 5, 2024 / Notices Interested parties are invited to submit written data, comments, or views with respect to this permit application by September 4, 2024. This application may be inspected by interested parties at the Permit Office, address below. DATES: Comments should be addressed to Permit Office, Office of Polar Programs, National Science Foundation, 2415 Eisenhower Avenue, Alexandria, Virginia 22314 or ACApermits@nsf.gov. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Andrew Titmus, ACA Permit Officer, at the above address, 703–292–4479. The National Science Foundation, as directed by the Antarctic Conservation Act of 1978 (Pub. L. 95–541, 45 CFR part 671), as amended by the Antarctic Science, Tourism and Conservation Act of 1996, has developed regulations for the establishment of a permit system for various activities in Antarctica and designation of certain animals and certain geographic areas as requiring special protection. The regulations establish such a permit system to designate Antarctic Specially Protected Areas. SUPPLEMENTARY INFORMATION: Application Details Permit Application: 2025–009 lotter on DSK11XQN23PROD with NOTICES1 1. Applicant: Chris Linder, Potomac MD, 20854 Activity for Which Permit is Requested: Waste Management. The applicant seeks and Antarctic Conservation Act permit to fly a small battery-operated remotely piloted aircrafts (RPAS) to take scenic photos and film of the Antarctic. The RPAS would not be flown over concentrations of birds or mammals or over Antarctic Specially Protected Areas. The RPAS would only be flown by the applicant who has extensive piloting experience in fair weather conditions. Several measures would be taken to prevent against loss of the RPAS. The applicant is seeking a Waste Permit to cover any accidental releases that may result from flying a UAV. Location: Antarctic Peninsula Region. Dates of Permitted Activities: January 14, 2025–January 30, 2025. Kimiko S. Bowens-Knox, Program Analyst, Office of Polar Programs. [FR Doc. 2024–17212 Filed 8–2–24; 8:45 am] BILLING CODE 7555–01–P VerDate Sep<11>2014 18:38 Aug 02, 2024 Jkt 262001 NUCLEAR REGULATORY COMMISSION [NRC–2023–0111] Interim Staff Guidance: Use of the Decommissioning Trust Fund During Operations for Major Radioactive Component Disposal Nuclear Regulatory Commission. ACTION: Final guidance; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing Interim Staff Guidance (ISG) REFS–ISG–2024– 01, ‘‘Use of the Decommissioning Trust Fund During Operations for Major Radioactive Component Disposal.’’ The purpose of this ISG is to provide the NRC staff’s regulatory position to licensees of nuclear power reactors regarding the use of funds from the decommissioning trust fund (DTF) dedicated to the radiological decommissioning of a reactor facility for the disposal of major radioactive components (MRCs) while the facility is in an operational status. This final ISG may be used in connection with requests for exemption from NRC regulations related to the withdrawal of funds from reactor DTFs. DATES: This guidance is effective on September 4, 2024. ADDRESSES: Please refer to Docket ID NRC–2023–0111 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2023–0111. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301–415–0624; email: Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • 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, at 301–415–4737, or by email to PDR.Resource@nrc.gov. The ISG, REFS– ISG–2024–01 on the ‘‘Use of the Decommissioning Trust Fund During Operations for Major Radioactive SUMMARY: PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 63447 Component Disposal’’ is available in ADAMS under Accession No. ML24114A263. • NRC’s PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Shawn Harwell, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–1309; email: Shawn.Harwell@ nrc.gov. SUPPLEMENTARY INFORMATION: I. Background On June 21, 2023, the NRC issued a Federal Register notice (88 FR 40337) soliciting public comment on its draft ISG, ‘‘Use of the Decommissioning Trust Fund During Operations for Major Radioactive Component Disposal.’’ The NRC received comments from Lili Lamar Shari Laskowitz, by letter dated August 20, 2023 (ADAMS Accession No. ML23236A525), Paul Saunders, by letter dated June 29, 2023 (ADAMS Accession No. ML23181A049), Lili Lamar Zucker Ashley Humphries, by letter dated August 20, 2023 (ADAMS Accession No. ML23236A527), John J. Sipos, by letter dated September 13, 2023 (ADAMS Accession No. ML23262B451), the Appalachian Compact Commission, by letter dated July 28, 2023 (ADAMS Accession No. ML23236A522), the Nuclear Energy Institute, by letter dated August 21, 2023 (ADAMS Accession No. ML23236A529), EnergySolutions, by letter dated August 21, 2023 (ADAMS Accession No. ML23236A528) and from Constellation Energy Generation, LLC, by letter dated August 21, 2023 (ADAMS Accession No. ML23236A531). No other comments were submitted. The NRC staff considered those comments in developing the final version of the ISG. The staff’s responses to the comments are provided in Appendix A, ‘‘Disposition of Public Comments,’’ of the final ISG. This ISG is intended to provide clarifying guidance to facilitate stakeholder understanding of the NRC’s position on the use of the DTF during operations for MRC disposal. The NRC’s reactor licensing regulations in part 50 of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Domestic Licensing of Production and Utilization E:\FR\FM\05AUN1.SGM 05AUN1 63448 Federal Register / Vol. 89, No. 150 / Monday, August 5, 2024 / Notices lotter on DSK11XQN23PROD with NOTICES1 Facilities,’’ establish requirements for providing assurance that funding will be available to radiologically decommission a reactor facility and terminate the part 50 license. Specifically, these requirements address, among other things, the amount of decommissioning funding to be provided, the methods to be used for assuring sufficient funding, and provisions restricting the use of the DTF during operations. Two separate petitions for rulemaking (PRM) were submitted to the NRC for consideration in 2008 and 2019 requesting that the NRC revise the definition of Decommissioning in 10 CFR 50.2 and amend 10 CFR 50.82 to allow access to the DTF to pay for the cost of the disposal of MRCs prior to permanent cessation of operations at nuclear power plants. The Commission denied both petitions, noting the subject is adequately covered by existing regulations, including the exemption process in 10 CFR 50.12, ‘‘Specific exemptions.’’ In the analyses recommending denial of the PRMs, the NRC staff noted that any withdrawal of funds from the DTF during operations, other than those allowed by NRC regulations, could undermine the intent of the decommissioning funding regulations. Therefore, only under extraordinary circumstances would a withdrawal from the DTF prior to permanent cessation of operations be permissible. The NRC staff evaluates each exemption request for a DTF withdrawal to ensure it meets the criteria for special exemptions in 10 CFR 50.12 and considers the totality of facts in determining whether to grant or deny a request. This ISG discusses the mechanisms which allow the use of a DTF to cover the cost of MRC disposal during operations. Information a licensee may provide that assists the NRC staff in assessing a licensee’s exemption request from the regulations related to the use of a DFT is also presented. II. Backfitting, Forward Fitting, and Issue Finality Issuance of this ISG will not (i) constitute backfitting as defined in section 50.109 of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Backfitting,’’ and as described in Management Directive (MD) 8.4, ‘‘Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests’’; (ii) affect issue finality of any approval issued under 10 CFR part 52, ‘‘Licenses, Certifications, and Approvals for Nuclear Power Plants’’; or (iii) constitute forward fitting as that term is VerDate Sep<11>2014 18:38 Aug 02, 2024 Jkt 262001 defined and described in MD 8.4. This ISG states the NRC staff’s position on the use of decommissioning trust funds during operations for disposal and lists examples of factors that the NRC staff would consider when evaluating exemption requests under 10 CFR 50.12. Applicants and licensees will not be required to comply with the positions set forth in this ISG. III. Congressional Review Act This ISG is not a rule as defined in the Congressional Review Act (5 U.S.C. 801–808). Dated: July 30, 2024. For the Nuclear Regulatory Commission. John Moses, Deputy Director, Division of Rulemaking, Environmental, and Financial Support, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2024–17236 Filed 8–2–24; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2024–0026] Information Collection: Planned Power Uprate-Related Licensing Submittals for All Power Reactor Licensees Nuclear Regulatory Commission. ACTION: Notice of submission to the Office of Management and Budget; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) has recently submitted a proposed collection of information to the Office of Management and Budget (OMB) for review. The information collection is entitled, ‘‘Planned Power UprateRelated Licensing Submittals for All Power Reactor Licensees.’’ DATES: Submit comments by September 4, 2024. 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: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to https://www.reginfo.gov/ public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under Review— Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: David Cullison, NRC Clearance Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: SUMMARY: PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 301–415–2084; email: Infocollects.Resource@nrc.gov. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2024– 0026 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–2024–0026. • 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, at 301–415–4737, or by email to PDR.Resource@nrc.gov. The supporting statement, Regulatory Issue Summary, and burden table are available in ADAMS under Accession Nos. ML24183A233, ML23353A201, and ML24018A171. • NRC’s PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays. • NRC’s Clearance Officer: A copy of the collection of information and related instructions may be obtained without charge by contacting the NRC’s Clearance Officer, David Cullison, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–2084; email: Infocollects.Resource@nrc.gov. B. Submitting Comments Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to https://www.reginfo.gov/ public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under Review— Open for Public Comments’’ or by using the search function. The NRC cautions you not to include identifying or contact information in E:\FR\FM\05AUN1.SGM 05AUN1

Agencies

[Federal Register Volume 89, Number 150 (Monday, August 5, 2024)]
[Notices]
[Pages 63447-63448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17236]


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NUCLEAR REGULATORY COMMISSION

[NRC-2023-0111]


Interim Staff Guidance: Use of the Decommissioning Trust Fund 
During Operations for Major Radioactive Component Disposal

AGENCY: Nuclear Regulatory Commission.

ACTION: Final guidance; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Interim Staff Guidance (ISG) REFS-ISG-2024-01, ``Use of the 
Decommissioning Trust Fund During Operations for Major Radioactive 
Component Disposal.'' The purpose of this ISG is to provide the NRC 
staff's regulatory position to licensees of nuclear power reactors 
regarding the use of funds from the decommissioning trust fund (DTF) 
dedicated to the radiological decommissioning of a reactor facility for 
the disposal of major radioactive components (MRCs) while the facility 
is in an operational status. This final ISG may be used in connection 
with requests for exemption from NRC regulations related to the 
withdrawal of funds from reactor DTFs.

DATES: This guidance is effective on September 4, 2024.

ADDRESSES: Please refer to Docket ID NRC-2023-0111 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0111. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical 
questions, contact the individual listed in the For Further Information 
Contact section of this document.
     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, at 301-415-4737, 
or by email to [email protected]. The ISG, REFS-ISG-2024-01 on the 
``Use of the Decommissioning Trust Fund During Operations for Major 
Radioactive Component Disposal'' is available in ADAMS under Accession 
No. ML24114A263.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Shawn Harwell, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-1309; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 21, 2023, the NRC issued a Federal Register notice (88 FR 
40337) soliciting public comment on its draft ISG, ``Use of the 
Decommissioning Trust Fund During Operations for Major Radioactive 
Component Disposal.'' The NRC received comments from Lili Lamar Shari 
Laskowitz, by letter dated August 20, 2023 (ADAMS Accession No. 
ML23236A525), Paul Saunders, by letter dated June 29, 2023 (ADAMS 
Accession No. ML23181A049), Lili Lamar Zucker Ashley Humphries, by 
letter dated August 20, 2023 (ADAMS Accession No. ML23236A527), John J. 
Sipos, by letter dated September 13, 2023 (ADAMS Accession No. 
ML23262B451), the Appalachian Compact Commission, by letter dated July 
28, 2023 (ADAMS Accession No. ML23236A522), the Nuclear Energy 
Institute, by letter dated August 21, 2023 (ADAMS Accession No. 
ML23236A529), EnergySolutions, by letter dated August 21, 2023 (ADAMS 
Accession No. ML23236A528) and from Constellation Energy Generation, 
LLC, by letter dated August 21, 2023 (ADAMS Accession No. ML23236A531). 
No other comments were submitted. The NRC staff considered those 
comments in developing the final version of the ISG. The staff's 
responses to the comments are provided in Appendix A, ``Disposition of 
Public Comments,'' of the final ISG.
    This ISG is intended to provide clarifying guidance to facilitate 
stakeholder understanding of the NRC's position on the use of the DTF 
during operations for MRC disposal. The NRC's reactor licensing 
regulations in part 50 of title 10 of the Code of Federal Regulations 
(10 CFR), ``Domestic Licensing of Production and Utilization

[[Page 63448]]

Facilities,'' establish requirements for providing assurance that 
funding will be available to radiologically decommission a reactor 
facility and terminate the part 50 license. Specifically, these 
requirements address, among other things, the amount of decommissioning 
funding to be provided, the methods to be used for assuring sufficient 
funding, and provisions restricting the use of the DTF during 
operations.
    Two separate petitions for rulemaking (PRM) were submitted to the 
NRC for consideration in 2008 and 2019 requesting that the NRC revise 
the definition of Decommissioning in 10 CFR 50.2 and amend 10 CFR 50.82 
to allow access to the DTF to pay for the cost of the disposal of MRCs 
prior to permanent cessation of operations at nuclear power plants. The 
Commission denied both petitions, noting the subject is adequately 
covered by existing regulations, including the exemption process in 10 
CFR 50.12, ``Specific exemptions.'' In the analyses recommending denial 
of the PRMs, the NRC staff noted that any withdrawal of funds from the 
DTF during operations, other than those allowed by NRC regulations, 
could undermine the intent of the decommissioning funding regulations. 
Therefore, only under extraordinary circumstances would a withdrawal 
from the DTF prior to permanent cessation of operations be permissible.
    The NRC staff evaluates each exemption request for a DTF withdrawal 
to ensure it meets the criteria for special exemptions in 10 CFR 50.12 
and considers the totality of facts in determining whether to grant or 
deny a request. This ISG discusses the mechanisms which allow the use 
of a DTF to cover the cost of MRC disposal during operations. 
Information a licensee may provide that assists the NRC staff in 
assessing a licensee's exemption request from the regulations related 
to the use of a DFT is also presented.

II. Backfitting, Forward Fitting, and Issue Finality

    Issuance of this ISG will not (i) constitute backfitting as defined 
in section 50.109 of title 10 of the Code of Federal Regulations (10 
CFR), ``Backfitting,'' and as described in Management Directive (MD) 
8.4, ``Management of Backfitting, Forward Fitting, Issue Finality, and 
Information Requests''; (ii) affect issue finality of any approval 
issued under 10 CFR part 52, ``Licenses, Certifications, and Approvals 
for Nuclear Power Plants''; or (iii) constitute forward fitting as that 
term is defined and described in MD 8.4. This ISG states the NRC 
staff's position on the use of decommissioning trust funds during 
operations for disposal and lists examples of factors that the NRC 
staff would consider when evaluating exemption requests under 10 CFR 
50.12. Applicants and licensees will not be required to comply with the 
positions set forth in this ISG.

III. Congressional Review Act

    This ISG is not a rule as defined in the Congressional Review Act 
(5 U.S.C. 801-808).

    Dated: July 30, 2024.

    For the Nuclear Regulatory Commission.
John Moses,
Deputy Director, Division of Rulemaking, Environmental, and Financial 
Support, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2024-17236 Filed 8-2-24; 8:45 am]
BILLING CODE 7590-01-P
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