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

The Nuclear Regulatory Commission (NRC) is confirming the effective date of October 30, 2007, for the direct final rule that was published in the Federal Register on August 16, 2007 (72 FR 45880). This direct final rule amended the NRC's regulations to revise the TN- 68 cask system listing to include Amendment No. 1 to Certificate of Compliance (CoC) No. 1027.

The Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage cask regulations by revising the Holtec International (Holtec) HI-STORM 100 cask system listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 4 to Certificate of Compliance (CoC) Number 1014. Amendment No. 4 would modify the CoC by including changes to add site-specific options to the CoC to permit use of a modified HI-STORM 100 cask system at the Indian Point Unit 1 (IP1) Independent Spent Fuel Storage Installation (ISFSI). These options include the shortening of the HI-STORM 100S Version B, Multi-Purpose Canister (MPC)-32 and MPC-32F and the HI-TRAC 100D Canister to accommodate site-specific restrictions. Additional changes address the Technical Specification (TS) definition of transport operations and associated language in the safety analysis report (SAR); the soluble boron requirements for Array/Class 14x14E IP1 fuel; the helium gas backfill requirements for Array/Class 14x14E IP1 fuel; the addition of a fifth damaged fuel container design under the TS definition for damaged fuel container; addition of separate burnup, cooling time, and decay heat limits for Array/Class 14x14 IP1 fuel for loading in an MPC-32 and MPC-32F; addition of antimony-beryllium secondary sources as approved contents; the loading of all IP1 fuel assemblies in damaged fuel containers; the preclusion of loading of IP1 fuel debris in the MPC-32 or MPC-32F; the reduction of the maximum enrichment for Array/Class 14x14E IP1 fuel from 5.0 to 4.5 weight percent uranium-235; changes to licensing drawings to differentiate the IP1 MPC-32 and MPC-32F from the previously approved MPC-32 and MPC-32F; and other editorial changes, including replacing all references to U.S. Tool and Die with Holtec Manufacturing Division.

The U.S. Nuclear Regulatory Commission (NRC or Commission) is denying a petition for rulemaking submitted by the State of Nevada (PRM-63-2). The petition requests that NRC amend its regulations for the proposed geologic repository at Yucca Mountain, Nevada (YM) to specify the limits of permissible spent fuel storage at the YM site. Petitioner believes that the U.S. Department of Energy (DOE) is planning to construct an Aging Facility at the YM site designed to store 21,000 metric tons of heavy metal in what petitioner believes is a manifest violation of the Nuclear Waste Policy Act of 1982, as amended, and the Commission's regulations. NRC is denying the petition because NRC's current regulations are consistent with law and do not permit storage of spent nuclear fuel at the YM site unless such storage is integral to waste handling, necessary treatment, and disposal at the proposed repository, including storage which is integral to the thermal-loading strategy for disposal that DOE may include in its design of the entire repository system. DOE must make the case, in its anticipated license application, that any contemplated storage of spent nuclear fuel is permissible because it is integral to waste handling, necessary treatment, and disposal activities. NRC believes that, without an application currently before the agency, the issues raised by the petition are best addressed during the agency's review of the application when a final design will be available and an opportunity to request a hearing will be offered.

The U.S. Nuclear Regulatory Commission (NRC) has announced the following appointments to the NRC Performance Review Boards. This notice amends the Federal Register notice issued September 14, 2007, by adding two additional names. The following individuals are appointed as members of the NRC Performance Review Board (PRB) responsible for making recommendations to the appointing and awarding authorities on performance appraisal ratings and performance awards for Senior Executives and Senior Level employees:

Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC) is issuing a final Environmental Assessment (EA) for Cabot Corporation (Cabot or the licensee) Decommissioning Plan (DP), dated August 21, 2006, which requested authorization to commence decommissioning activities to achieve unrestricted release of a site in Reading, Pennsylvania. The final EA makes a finding of no significant impact (FONSI) for the proposed action, and is being issued as part of the NRC's decision-making process on whether to issue an amendment to license SMC-1562, pursuant to Title 10 of the U.S. Code of Federal Regulations Part 40, ``Domestic Licensing of Source Material Licenses.'' The proposed DP specifies installation of a riprap erosion barrier on the site slope. The site is owned by the City of Reading and is located in a large redevelopment area. Tentative City plans are for industrial activities in a new structure to be built on top of the slope, adjacent to the Cabot site. The site itself will not be developed.

The Nuclear Regulatory Commission (NRC) has issued Supplement 1 to Revision 9 of NUREG-1021, ``Operator Licensing Examination Standards for Power Reactors,'' and Supplement 1 to Revision 2 of NUREG-1122 [and -1123] ``Knowledge and Abilities Catalog for Nuclear Power Plant Operators: Pressurized [Boiling] Water Reactors.'' These NUREGs provide policy and guidance for the development, administration, and grading of examinations used for licensing operators at nuclear power plants pursuant to the Commission's regulations in 10 CFR part 55, ``Operators'' Licenses.'' NUREG-1021 also provides guidance for maintaining operators' licenses and for the NRC to conduct requalification examinations, when necessary. These NUREGs have been revised to implement a number of clarifications and enhancements that have been identified since Revision 9 to NUREG-1021 was published in July 2004 and Revision 2 to NUREG-1122 [and -1123] was published in June 1998. A draft of each of the Supplements was issued for comment on May 22, 2007 (72 FR 28728). A summary of the comments received regarding the draft Supplements, and the NRC staff's response to those comments is available in the NRC's Public Electronic Reading Room (https://www.nrc.gov/reading-rm/ adams.html), at accession number ML072600319. From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of the NRC's public documents. Supplement 1 to NUREG-1021 includes a number of minor changes that: (1) Clarify licensed operator medical requirements, including the use of prescription medications; (2) clarify the use of surrogate operators during dynamic simulator scenarios; (3) clarify the selection process for generic knowledge and ability (K/A) statements; (4) qualify the NRC review of post-examination comments; (5) provide additional guidance for maintaining an active license (watchstander proficiency) and license reactivation; and (6) conform with Supplement 1 to Revision 2 of NUREG-1122 [and -1123], which rewords and reorganizes Section 2, ``Generic Knowledge and Abilities,'' and adds a new K/A topic for generator voltage and electric grid disturbances. Availability: Copies of the three NUREG Supplements are being mailed to the plant or site manager at each nuclear power facility regulated by the NRC. The Supplements are also available electronically via the NRC's Public Electronic Reading Room (https://www.nrc.gov/ reading-rm/doc-collections/nuregs/) and in the NRC's Public Document Room located at 11555 Rockville Pike, Rockville, Maryland. If you do not have electronic access to NRC documents, single copies of the Supplements are available, to the extent of supply, and may be requested by writing to the Office of Information Services, Information and Records Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

In accordance with Section 651e of the Energy Policy Act of 2005, the U.S. Nuclear Regulatory Commission is publishing a ``Plan for the Transition of Regulatory Authority Resulting from the Expanded Definition of Byproduct Material'' (transition plan) to facilitate an orderly transition of regulatory authority with respect to the byproduct material defined in paragraphs (3) and (4) of section 11e. of the Atomic Energy Act of 1954, as amended. A copy of the final transition plan is provided as Appendix A to this document.

Notice is hereby given that the staff of the Nuclear Regulatory Commission (NRC) has prepared a model safety evaluation (SE) and a model application related to the modification of containment combustible gas control requirements in technical specifications (TS) for Boiling Water Reactors (BWR). The NRC staff has also prepared a model no-significant-hazards-consideration (NSHC) determination related to this matter. The purpose of these models is to permit the NRC to efficiently process license amendment applications that propose to adopt TSTF-478, Revision 2, ``BWR Technical Specification Changes that Implement the Revised Rule for Combustible Gas Control.'' TSTF-478, Revision 2, deletes Standard Technical Specification (STS) 3.6.3.3, ``Containment Atmosphere Dilution (CAD) System'' and modifies STS 3.6.3.1, ``Drywell Cooling System Fans,'' in NUREG-1433, ``Standard Technical Specifications General Electric Plants, BWR/4, Rev. 3,'' to establish TS for containment combustible gas control requirements as permitted by revised 10 CFR 50.44. Licensees of nuclear power reactors to which the models apply could then request amendments, confirming the applicability of the SE and NSHC determination to their plants. The NRC staff is requesting comment on the model SE, model application, and model NSHC determination prior to announcing their availability for referencing in license amendment applications.