Nuclear Regulatory Commission – Federal Register Recent Federal Regulation Documents

The U.S. Nuclear Regulatory Commission (NRC) is correcting a notice that was published in the Federal Register on December 9, 2019 that extends the comment period on the exploratory process to determine whether to proceed with the development of generic environmental impact statement for the construction and operation of advanced nuclear reactors (ANR GEIS). This action is necessary to correct the public comment period due date from January 24, 2019 to January 24, 2020.

The U.S. Nuclear Regulatory Commission (NRC) has recently submitted a request for renewal of an existing collection of information to the Office of Management and Budget (OMB) for review. The information collection is entitled, ``Policy Statement for the `Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreement,' Maintenance of Existing Agreement State Programs, Request for Information Through the Integrated Materials Performance Evaluation Program (IMPEP) Questionnaire, and Agreement State Participation in IMPEP.''

The U.S. Nuclear Regulatory Commission (NRC) is correcting a rule that was published in the Federal Register on November 18, 2019, regarding miscellaneous corrections to NRC regulations. The action is necessary to insert language that was inadvertently omitted from the regulatory text.

The U.S. Nuclear Regulatory Commission (NRC) has issued Subsequent Renewed Facility Operating License Nos. DPR-31 and DPR-41 to Florida Power & Light Company (FPL or licensee), operator of the Turkey Point Nuclear Generating Unit Nos. 3 and 4 (Turkey Point). The NRC has prepared a record of decision (ROD) that supports the NRC's decision to issue Subsequent Renewed Facility Operating License Nos. DPR-31 and DPR-41.

The U.S. Nuclear Regulatory Commission (NRC) invites public comment on the renewal of Office of Management and Budget (OMB) approval for an existing collection of information. The information collection is entitled, ``Suspicious Activity Reporting Using the Protected Web Server.''

The U.S. Nuclear Regulatory Commission (NRC) is issuing the Order approving the application filed by FirstEnergy Nuclear Operating Company (FENOC), acting on behalf of itself and FirstEnergy Nuclear Generation, LLC (FENGen), (together, the Applicants) on April 26, 2019, as supplemented. The application seeks an NRC order consenting to the direct and indirect transfer of licenses for Beaver Valley Power Station, Unit Nos. 1 and 2; Davis-Besse Nuclear Power Station, Unit No. 1; and Perry Nuclear Power PIant, Unit No. 1, and their respective generally licensed independent spent fuel storage installations (ISFSIs) (together, the Facilities). Specifically, the Applicants requested a direct transfer of operating authority for the Facilities from FENOC to an as-yet unnamed company, herein identified as OpCo; a direct transfer of ownership of the Facilities from FENGen to an as-yet unnamed company, herein identified as OwnerCo; and an indirect transfer of ownership of the Facilities to an as-yet unnamed parent company, herein identified as New HoldCo (FirstEnergy Corp. is currently the ultimate parent company). The Applicants also requested the NRC's prior written consent and issuance of conforming amendments to the licenses. No physical changes to the Facilities or operational changes were proposed in the application. The Order is effective upon issuance.

The U.S. Nuclear Regulatory Commission (NRC) is issuing a final revision to Section 2.5.3, ``Surface Deformation'' of NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.''

The Nuclear Regulatory Commission (NRC) is notifying the public of its revised format for Biweekly Notices of Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations.

The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to reflect internal organizational changes and make conforming amendments. These changes include removing all references to the Office of New Reactors because that office has merged with the Office of Nuclear Reactor Regulation, changing the names of divisions that are affected by the reorganization of the Office of Nuclear Material Safety and Safeguards, and making conforming amendments throughout the regulations to reflect the office merger and the office reorganization. This document is necessary to inform the public of these non-substantive amendments to the NRC's regulations.

The U.S. Nuclear Regulatory Commission (NRC) is issuing a Confirmatory Order to Southern Nuclear Operating Company (SNC). This action is based on two investigations conducted by the NRC Office of Investigations (OI), that apparent willful violations of NRC's regulations regarding ``Employee Protection,'' occurred. Specifically, two contract employees at Vogtle Units 3 and 4 were terminated from employment in 2016 and 2017, respectively. The NRC determined that these terminations were, in part, because the contract employees engaged in protected activity. An ADR mediation session was held on August 5, 2019, with SNC, and a preliminary settlement agreement was reached. Subsequently, SNC consented to the specific actions listed in section V of the Confirmatory Order and the NRC agrees to no pursue any further enforcement action in connection with this apparent violation. The Confirmatory Order becomes effective upon issuance.

The U.S. Nuclear Regulatory Commission (NRC) issued a renewed license to Portland General Electric (PGE), Eugene Water and Electric Board, and PacifiCorp (together ``licensee'') for Special Nuclear Materials (SNM) License No. SNM-2509 for the receipt, possession, transfer, and storage of spent fuel from the Trojan Nuclear Plant in the Trojan Independent Spent Fuel Storage Installation (ISFSI), located in Columbia County, Oregon on August 9, 2019. On October 23, 2019, the renewed license and technical specifications were corrected to reflect the current amendment and to remove obsolete pages from the technical specifications.

The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking (PRM), PRM-50-109, dated September 25, 2014, submitted by the C-10 Research and Education Foundation (C-10 or the petitioner). The petitioner requests that the NRC amend its regulations to provide improved identification techniques for better protection against concrete degradation due to alkali-silica reaction (ASR) at U.S. nuclear power plants. The petitioner asserts that reliance on visual inspection will not adequately identify ASR, confirm ASR, or provide the current state of ASR damage without petrographic examination. The NRC is denying the petition because existing NRC regulations and NRC oversight activities provide reasonable assurance of adequate protection of public health and safety. Specifically, existing NRC regulations are sufficient to ensure that concrete degradation due to ASR will not result in unacceptable reductions in the structural capacity of safety-related structures at nuclear power plants.

The U.S. Nuclear Regulatory Commission (NRC) is revising its guidance for implementation of physical protection of Category 1 and Category 2 quantities of radioactive material. The NRC is requesting public comments on draft NUREG-2155, Revision 2, ``Implementation Guidance for 10 CFR part 37, `Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material.' '' The document has been updated from NUREG-2155, Revision 1, to include revisions to questions and answers and guidance related to general provisions in the rule, background investigations and access authorization programs, and physical protection requirements during use and in transit.

The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking (PRM), dated March 13, 2015, submitted by Mark Edward Leyse (petitioner). The petition was docketed by the NRC on April 24, 2015, and assigned Docket No. PRM-50-111. The petitioner requested that the NRC require all holders of operating licenses for nuclear power plants to operate them with in-core temperature- monitoring devices (e.g., thermoacoustic sensors or thermocouples) located at different elevations and radial positions throughout the reactor core. The NRC is denying the petition because current regulations provide a sufficient level of safety, such that additional requirements for in-core temperature-monitoring devices as specified in the petition are not needed.

Pursuant to the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is publishing this regular biweekly notice. The Act requires the Commission to publish notice of any amendments issued, or proposed to be issued, and grants the Commission the authority to issue and make immediately effective any amendment to an operating license or combined license, as applicable, upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person. This biweekly notice includes all notices of amendments issued, or proposed to be issued, from October 22, 2019, to November 4, 2019. The last biweekly notice was published on November 5, 2019.

On September 27, 2019, the U.S. Nuclear Regulatory Commission (NRC) solicited comments on best practices for establishment and operation of local community advisory boards (CABs) associated with decommissioning activities, including lessons learned from existing boards, as required by the Nuclear Energy Innovation and Modernization Act (NEIMA). The public comment period was originally scheduled to close on November 15, 2019. The NRC has elected to reopen the public comment period to allow more time for members of the public to develop and submit their comments. Consistent with the consultation requirements in NEIMA Section 108, the NRC has hosted 11 public meetings and a public webinar to consult with host States, communities within the emergency planning zone of an applicable nuclear power reactor, and existing local CABs. The NRC is planning to host a second public webinar on November 19, 2019. In addition to these public meetings and public webinars, the NRC has developed a questionnaire to collect information regarding the areas identified in NEIMA with respect to the creation and operation of CABs from CABs in the vicinity of power reactors undergoing decommissioning, similar established stakeholder groups, or local government organizations. The results of the meetings, along with any other data received as a result of the NRC's information collection activities associated with the NEIMA Section 108, will be captured in a best practices report that will be submitted to Congress.

The U.S. Nuclear Regulatory Commission (NRC) is soliciting public comment on draft NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,'' Branch Technical Position (BTP) 8-8, ``Onsite (Emergency Diesel Generators) and Offsite Power Sources Completion Time Extensions.'' The NRC seeks comments on the proposed draft section revision of the BTP concerning guidance for the completion time extension requests for onsite or offsite power sources.

The U.S. Nuclear Regulatory Commission (NRC) is considering issuing an export license (XW025), requested by Perma-Fix Northwest Richland, Inc. (PFNW). On September 27, 2019, PFNW filed an application with the NRC for a license to export radioactive waste. The request seeks NRC approval for the export of low-level radioactive waste to Italy. The NRC is providing notice of the opportunity to request a hearing on PFNW's revised application. The request seeks the NRC's approval of the application authorizing the export of radioactive waste to Italy.

The U.S. Nuclear Regulatory Commission (NRC) has granted the request of Exelon Generation Company, LLC (Exelon) to withdraw its application dated August 13, 2018, as supplemented by letters dated October 10, 2018, March 25, 2019, June 7, 2019, and October 3, 2019, for proposed amendments to Renewed Facility Operating License Nos. DPR- 53 and DPR-69 issued to Exelon for operation of the Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2 (Calvert Cliffs). The proposed amendment would have modified the Calvert Cliffs' licensing bases, including the affected portions of the Technical Specifications and Updated Final Safety Analysis Report to use a risk-informed approach to address issues described in NRC Generic Letter 2004-02, ``Potential Impact of Debris Blockage on Emergency Recirculation During Design Basis Accidents at Pressurized-Water Reactors.''

The U.S. Nuclear Regulatory Commission (NRC) issued an order imposing a civil monetary penalty (Order) to Team Industrial Services, Inc., (licensee) on September 20, 2019. The purpose of the Order was to document the NRC's review of the licensee's response to the Notice of Violation and Proposed Imposition of Civil Penalty, issued on March 8, 2019. The licensee's response did not dispute the violation but did dispute both the deliberateness associated with the violation and the significance of the violation. The licensee also requested that the NRC not impose a civil penalty. After consideration of the response, the NRC concluded that the significance determination was appropriate and that an adequate basis to mitigate the proposed civil penalty amount was not provided.

The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of an indirect license transfer application filed by the El Paso Electric Company (EPE) on August 13, 2019. The application seeks NRC approval of the indirect transfer of possession- only non-operating interests in Renewed Facility Operating License Nos. NPF-41, NPF-51, and NPF-74 for Palo Verde Nuclear Generating Station (Palo Verde), Units 1, 2, and 3, respectively, and the general license for the Palo Verde Independent Spent Fuel Storage Installation (ISFSI) from EPE to IIF US Holding 2 LP. EPE currently owns a 15.8 percent tenant-in-common interest in and holds possession-only rights in the NRC licenses. The proposed indirect license transfer would result from IIF US Holding 2 LP acquiring 100 percent of the shares in EPE.