Nuclear Regulatory Commission August 2007 – Federal Register Recent Federal Regulation Documents

The increasing use of digital instrumentation and controls, and the growing prevalence of human interactions with such systems, in nuclear generating and fuel cycle facilities have introduced new regulatory challenges along with the potential benefit of improved plant safety. Currently, the U.S. Nuclear Regulatory Commission (NRC) addresses these challenges by analyzing their scope, impact, and potential adverse plant interactions, and then conducting research on each safety-related topical issue identified through this analysis. Often, such analyses and research are performed under contracts that the NRC establishes with commercial entities, national laboratories, universities, and international research facilities. However, there may be advantages to alternative approaches such as establishing a single, integrated test facility with expertise in the areas of digital instrumentation and controls and human-machine interfaces (DIC&HMI). The NRC is conducting public workshops to review the current and future technical issues in the area of digital instrumentation and control and human-machine interface (I&C and HMI), to identify the capabilities that a facility or facilities would need to have to support their resolution. The workshop will review the capabilities of current facilities and consider lessons learned from their operation. Based on this information a set of options will be developed. Toward that end, the NRC invites stakeholders including those with existing capabilities, as well as others who may be interested in participating (such as national laboratories, universities, other Federal agencies, research and development centers, and vendors), to participate in the workshops. The workshops will seek to develop a consensus in the technical community regarding a set of overarching principles that should be met to ensure the success of any conceptual approaches discussed. Options may include relying on current facilities; upgrading current facilities; or developing a single, integrated facility. In addition, it is necessary to determine the number of organizations within the community that are interested in each option. Interested parties should note that the staff is working with Pacific Northwest National Laboratory, to develop additional information on experiences that other similar facilities have had, in order to learn from their successes and challenges. DISCUSSION: The NRC will hold two workshops to engage potentially interested stakeholders. The first workshop will be held on September 6-7, 2007, at the Clarion Hotel at Atlanta International Airport, which is located at 5010 Old National Highway in Atlanta, Georgia. This initial workshop will review, at a conceptual level the current and future technical issues in the area of digital instrumentation and control and human-machine interface (I&C and HMI) and will identify the capabilities that a facility or facilities would need to have to support their resolution. The workshop will review the capabilities of current facilities and consider lessons learned from their operation. Based on this information the workshop will develop a set of options for establishing additional capabilities, if needed, or ways to integrate current capabilities in a manner that creates synergies and efficiencies to support current and future needs of the technical community in the digital I&C and HMI areas. The second workshop will be held on September 11, 2007, at the Hilton Washington DC/Rockville Executive Meeting Center, which is located at 1750 Rockville Pike in Rockville, Maryland. This workshop will use information gathered at the Atlanta workshop regarding the additional capabilities (if any) that the community requires to address current and future Digital Instrumentation and Control (I&C) and Human Machine Interface (HMI) issues and the facility options available to perform this work. The workshop will discuss at a conceptual level how each of the facility options could be managed. These management issues include potential participants, funding arrangements, conflict of interest (COI) considerations, and siting. Additional information about both workshops can be obtained at https://nrc-test-facility.pnl.gov. Additionally, to promote the efficiency and effectiveness of these workshops, the NRC invites interested stakeholders to provide comments in the following areas: (1) Which potential participants might be interested in joint participation, collaboration, and funding of such a facility, and to what extent might this include participants outside the nuclear industry? (2) If the nuclear industry participates, how could conflict-of- interest issues be addressed? (3) Do similar facilities currently exist and, if so, what can be learned from their successes and challenges? (4) What siting options would be most viable (e.g., universities where integration with graduate studies might be encouraged, national laboratories, etc.), considering both cost and ease of technical information exchange? (5) To what extent could such a facility be designed to be reconfigurable to the expected variety of plant control room and HMI designs? (6) To what extent could such a facility be designed to also be used as an advanced reactor training simulator for NRC staff? (7) What impediments, if any, might exist to limit information sharing among participants and external stakeholders? (8) What could be the benefits, or adverse impacts, of existing and established international collaborative activities in this area? (9) What could be the NRC's legal, budgetary, and oversight role? (10) Would stakeholders potentially be interested in the establishment of a facility that would serve as a national technical center of excellence to support a wide range of agencies and industries that have needs and interests in the rapidly advancing areas of instrumentation and controls, digital safety systems, and human-machine interfaces? The workshop results and public comments received, along with other information developed as a result of the staff's discussions with interested stakeholders, will be used to support NRC decision making on this subject. AVAILABILITY AND DATES: Additional information is available through the NRC Test Facility Working Group Web page, at https://nrc-test- facility.pnl.gov. Comments would be most helpful if received by September 30, 2007. COMMENT PROCEDURES: The NRC staff encourages and welcomes stakeholder participation in the workshops, as well as submittal of related comments and suggestions from interested parties. Personal information, such as your name, address, telephone number, e-mail address, etc., will not be removed from your submission. You may submit comments by any of the following methods: Mail comments to Leonard Bond, Ph.D, Pacific Northwest National Laboratory, P.O. Box 999, Mail Stop K5-26, Richland, WA 99352. Provide comments on-line at https://nrc-test- facility.pnl.gov. E-mail comments to Leonard.Bond@pnl.gov. CONTACT INFORMATION: General questions regarding this study or the related workshops should be addressed to Steven A. Arndt at (301) 415- 6502 or by e-mail to SAA@nrc.gov.

The U.S. Nuclear Regulatory Commission will convene a teleconference meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) on September 20, 2007. This meeting is a continuation of the discussion of training and experience implementation issues in the medical community from the June 12, 2007 and August 16, 2007 ACMUI meetings. The meeting will be a discussion of various items related to the training and experience criteria in 10 CFR part 35, which includes but is not limited to: Preceptor availability and recency of training requirements. A copy of the agenda for the meeting can be obtained at https://www.nrc.gov/reading-rm/doc-collections/acmui/agenda or by contacting Ms. Ashley M. Tull at the contact information below.

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submission, new, revision, or extension: Revision. 2. The title of the information collection: 10 CFR part 39 Licenses and Radiation Safety Requirements for Well Logging. 3. The form number if applicable: N/A. 4. How often the collection is required: Applications for new licenses and amendments may be submitted at any time. Applications for renewal are submitted every 10 years. Reports are submitted as events occur. 5. Who will be required or asked to report: Applicants for and holders of specific licenses authorizing the use of licensed radioactive material for radiography. 6. An estimate of the number of annual responses: 1,899 (NRC licensees376 plus 37 recordkeepers and Agreement State licensees 1,353 plus 133 recordkeepers). 7. The estimated number of annual respondents: 170 (37 NRC Licensees and 133 Agreement State Licensees). 8. An estimate of the total number of hours needed annually to complete the requirement or request: 36,890 hours. The NRC licensees total burden is 8,037 hours (116 reporting hrs plus 7,921 recordkeeping hrs). The Agreement State licensees total burden is 28,853 hours (423 reporting hrs plus 28,430 recordkeeping hrs). The average burden per response for both NRC licensees and Agreement State licensees is 3.2 hours, and the burden per recordkeeper is 214 hours. 9. An indication of whether section 3507(d), Public Law 104-13 applies: N/A. 10. Abstract: 10 CFR part 39 establishes radiation safety requirements for the use of radioactive material in well logging operations. The information in the applications, reports and records is used by the NRC staff to ensure that the health and safety of the public is protected and that licensee possession and use of source and byproduct material is in compliance with license and regulatory requirements. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by September 27, 2007. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date.

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submissionnew, revision, or extension: Extension. 2. The title of the information collection: 10 CFR Part 19, ``Notices, Instructions, and Reports to Workers: Inspection and Investigations.'' 3. The form number if applicable: N/A. 4. How often the collection is required: As necessary in order that adequate and timely reports of radiation exposure be made to individuals involved in NRC-licensed activities. 5. Who will be required or asked to report: Licensees authorized to receive, possess, use, or transfer material licensed by the NRC. 6. An estimate of the number of annual responses: 4,906 responses (256 plus 4,650 recordkeepers). 7. The estimated number of annual respondents: 4,650 licensees. 8. An estimate of the total number of hours needed annually to complete the requirement or request: 35,674 hours (4,553 hours for reporting and 31,121 hours for recordkeeping). 9. An indication of whether Section 3507(d), Pub. L. 104-13 applies: N/A. 10. Abstract: Title 10 of the Code of Federal Regulations, Part 19, requires licensees to advise workers on an annual basis of any radiation exposure they may have received as a result of NRC-licensed activities or when certain conditions are met. These conditions apply during termination of the worker's employment, at the request of a worker, former worker, or when the worker's employer (the NRC licensee) must report radiation exposure information on the worker to the NRC. Part 19 also establishes requirements for instructions by licensees to individuals participating in licensed activities and options available to these individuals in connection with Commission inspections of licensees to ascertain compliance with the provisions of the Atomic Energy Act of 1954, as amended, Title II of the Energy Reorganization Act of 1974, and regulations, orders and licenses thereunder regarding radiological working conditions. The worker should be informed of the radiation dose he or she receives because: (a) That information is needed by both a new employer and the individual when the employee changes jobs in the nuclear industry; (b) the individual needs to know the radiation dose received as a result of an accident or incident (if this dose is in excess of the 10 CFR Part 20 limits) so that he or she can seek counseling about future work involving radiation, medical attention, or both, as desired; and (c) since long-term exposure to radiation may be an adverse health factor, the individual needs to know whether the accumulated dose is being controlled within NRC limits. The worker also needs to know about health risks from occupational exposure to radioactive materials or radiation, precautions or procedures to minimize exposure, worker responsibilities and options to report any licensee conditions which may lead to or cause a violation of Commission regulations, and individual radiation exposure reports which are available to him. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, Maryland 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by September 27, 2007. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date.

The Nuclear Regulatory Commission (NRC) is amending its regulations to require the use of electronic submissions in all agency hearings, consistent with the existing practice for the high-level radioactive waste repository application (which is covered under a separate set of regulations). The amendments require the electronic transmission of electronic documents in submissions made to the NRC's adjudicatory boards. Although exceptions to these requirements are established to allow paper filings in limited circumstances, the NRC maintains a strong preference for fully electronic filing and service. The rule builds upon prior NRC rules and developments in the Federal courts regarding the use of electronic submissions.

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submission, new, revision, or extension: Revision. 2. The title of the information collection: NRC Form 327, Special Nuclear Material (SNM) and Source Material (SM) Physical Inventory Summary Report, and NUREG/BR-0096, Instructions and Guidance for Completing Physical Inventory Summary Reports. 3. The form number if applicable: NRC Form 327. 4. How often the collection is required: The frequency of reporting corresponds to the frequency of required inventories, which depends essentially on the strategic significance of the SNM covered by the particular license. Certain licensees possessing strategic SNM are required to report inventories every 6 months. Licensees possessing SNM of moderate strategic significance must report every 9 months in accordance with the revised regulation in 10 CFR part 74.43. Licensees possessing SNM of low strategic significance must report annually, except two licensees must report their dynamic inventories every 2 months and a static inventory on an annual basis. 5. Who will be required or asked to report: Fuel facility licensees possessing special nuclear material. 6. An estimate of the number of annual responses: 25 responses. 7. The estimated number of annual respondents: 9 respondents. 8. An estimate of the total number of hours needed annually to complete the requirement or request: 100 hours (an average of approximately 4 hours per response for 25 responses). 9. An indication of whether section 3507(d), Public Law 104-13 applies: N/A. 10. Abstract: NRC Form 327 is submitted by fuel facility licensees to account for special nuclear material. The data is used by NRC to assess licensee material control and accounting programs and to confirm the absence of (or detect the occurrence of) special nuclear material theft or diversion. NUREG/BR-0096 provides specific guidance and instructions for completing the form in accordance with the requirements appropriate for a particular licensee. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by September 21, 2007. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. Desk Officer, Office of Information and Regulatory Affairs (3150-0139), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to Nathan.Frey@omb.eop.gov or submitted by telephone at (202) 395-4650. The NRC Clearance Officer is Margaret A. Janney, 301-415-7245.

The Nuclear Regulatory Commission (NRC) has received and requests public comment on a petition for rulemaking, dated May 29, 2007, filed by Thomas E. Magette of EnergySolutions. The petition was docketed by the NRC on June 6, 2007, and has been assigned Docket No. PRM-50-88. The petitioner requests that the NRC amend its regulations to provide a regulatory framework that would allow funds from licensees' decommissioning trust funds to be used for the cost of disposal of ``major radioactive components'' (MRCs) that have been removed from reactors prior to the permanent cessation of operations.

The NRC has prepared a Draft Environmental Assessment as its evaluation of a request by PPL Susquehanna, LLC for a license amendment to increase the maximum thermal power at Susquehanna Steam Electric Station, Units 1 and 2 (SSES 1 and 2), from 3,489 megawatts-thermal (MWt) to 3,952 MWt at each unit. This represents a power increase of approximately 13 percent thermal power. As stated in the NRC staff's position paper dated February 8, 1996, on the Boiling-Water Reactor Extended Power Uprate (EPU) Program, the NRC staff (the staff) will prepare an environmental impact statement if it believes a power uprate would have a significant impact on the human environment. The staff did not identify any significant impact from the information provided in the licensee's EPU application for Susquehanna Steam Electric Station, Units 1 and 2, or the staff's independent review; therefore, the staff is documenting its environmental review in an Environmental Assessment. Also, in accordance with the position paper, the Draft Environmental Assessment and Finding of No Significant Impact is being published in the Federal Register with a 30-day public comment period.

The U.S. Nuclear Regulatory Commission (NRC) is announcing the availability of the final interim staff guidance (ISG) document, ``HLWRS-ISG-04 Preclosure Safety AnalysisHuman Reliability Analysis,'' and NRC responses to the public comments received on the draft document. The ISG clarifies or refines guidance provided in the Yucca Mountain Review Plan (YMRP) (NUREG-1804, Revision 2, July 2003). The YMRP provides guidance to NRC staff for evaluating a potential license application (LA) for a high-level radioactive waste geologic repository constructed or operated at Yucca Mountain, Nevada.

The Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage cask regulations by revising the Transnuclear, Inc. TN-68 dry storage cask system listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 1 to Certificate of Compliance (CoC) Number 1027. Amendment No. 1 would modify the CoC by revising several fuel parameters that include increasing fuel burnup to 60 gigawatts-day/metric ton of uranium, increasing total cask decay heat to 30 kilowatts, increasing maximum average fuel enrichment to 4.7 weight percent uranium-235, and decreasing minimum fuel assembly cooling time to 7 years. Amendment No. 1 would also add up to eight damaged fuel assemblies as authorized contents of the cask and reduce the cask spacing on the storage pad.

The U.S. Nuclear Regulatory Commission (NRC) staff is revising, withdrawing portions of, and describing the process for updating guidance in ``Consolidated Decommissioning Guidance: Characterization, Survey, and Determination of Radiological Criteria'' (NUREG-1757, Vol. 2, Rev. 1), Appendix N, ``ALARA Analyses.'' This notice also describes the staff's process for developing interim guidance and future revisions to the three volumes of its ``Consolidated Decommissioning Guidance'' (NUREG-1757).

NRC is issuing its Final License Renewal Interim Staff Guidance LR-ISG-2006-03 for preparing severe accident mitigation alternatives (SAMA) analyses. This LR-ISG recommends that applicants for license renewal use the Guidance Document Nuclear Energy Institute 05-01, Revision A, (ADAMS Accession No. ML060530203) when preparing their SAMA analyses. The NRC staff issues LR-ISGs to facilitate timely implementation of the license renewal rule and to review activities associated with a license renewal application. The NRC staff will also incorporate the approved LR-ISG into the next revision of Supplement 1 to Regulatory Guide 4.2, ``Preparation of Supplemental Environmental Reports for Applications to Renew Nuclear Power Plant Operating Licenses.''

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to correct or clarify the rule language in several sections in the regulations that govern specific domestic licenses to manufacture or transfer certain items containing byproduct material and medical use of byproduct material. The regulations that govern medical use of byproduct materials were amended in their entirety on April 24, 2002 (67 FR 20249). Subsequently, these regulations were amended again to revise the training and experience requirements for the medical use of byproduct material on March 30, 2005 (70 FR 16336). Through implementation of these revised regulations, the NRC has identified additional changes that need to be made to these regulations. This action is necessary to clarify certain provisions and to make certain conforming changes to the regulations.