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

The Nuclear Regulatory Commission (NRC) is reopening the comment period specific to the information collection aspects of a proposed rule published on October 3, 2007 (72 FR 56275), that would amend NRC's regulations to provide updated fracture toughness requirements for protection against pressurized thermal shock (PTS) events for pressurized water reactor (PWR) pressure vessels. The comment period for comments specific to the information collection aspects of the proposed rule, closed on November 2, 2007.

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 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: New collection. 2. The title of the information collection: NRC Survey of Public Response to Emergencies. 3. The form number if applicable: N/A. 4. How often the collection is required: This is a one-time collection. 5. Who will be required or asked to report: Members of the public that reside within the 10-mile Emergency Planning Zones (EPZs) of nuclear power plants. 6. An estimate of the number of annual responses: 920 (each respondent will answer one survey). 7. The estimated number of annual respondents: This is a one-time collection of 800 completed surveys. 8. An estimate of the total number of hours needed annually to complete the requirement or request: 210 hours ((800 completed surveys x .25 hours per response = 200 hours) + (120 uncompleted surveys x .083 hours per response = 10 hours)). 9. An indication of whether Section 3507(d), Public Law 104-13 applies: N/A. 10. Abstract: As part of the NRC's effort to review and improve emergency response program areas, the NRC intends to conduct a telephone survey to assess public reaction to existing protective action strategies, new protective action strategies, and the effectiveness in which these strategies are conveyed to the public. The survey will produce statistical descriptions of likely public reaction to and acceptance of various protective action strategies. The targets for the telephone survey are randomly selected members of the public that reside within the 10-mile EPZs around nuclear power plants. This is a nationwide survey of the public residing within EPZs. The response to the surveys will be used by the NRC in the development of enhancements to its guidance for nuclear power plant protective action recommendations and the means by which this information is disseminated. The survey will also improve the understanding of other areas related to protective action implementation, such as the extent of shadow evacuations and the expected usage of congregate care facilities. 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-1F21, 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 December 17, 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. Nathan J. Frey, Office of Information and Regulatory Affairs (3150- XXXX), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to Nathan J. Frey@omb.eop.gov or submitted by telephone at (202) 395-7345. The NRC Clearance Officer is Margaret A. Janney, 301-415-7245.

The Nuclear Regulatory Commission (NRC or Commission) is amending its employee protection regulations to clarify the Commission's authority to impose a civil penalty upon a non-licensee contractor or subcontractor of a Commission licensee, or applicant for a Commission license who violates the NRC's regulations by discriminating against employees for engaging in protected activity. The NRC is also amending its employee protection regulations related to the operation of Gaseous Diffusion Plants to conform with the NRC's other employee protection regulations and to allow the NRC to impose a civil penalty on the United States Enrichment Corporation (USEC or Corporation), as well as a contractor or subcontractor of USEC.

Notice is hereby given that the staff of the Nuclear Regulatory Commission (NRC) has prepared a model safety evaluation (SE) relating to the revision of Standard Technical Specifications (STS), NUREG-1430 (B&W), NUREG-1431 (Westinghouse), NUREG-1432 (CE), NUREG- 1433 (BWR/4) and NUREG-1434 (BWR/6). Specifically the SE addresses: (1) The revision of the technical specification (TS) surveillance requirement (SR) 3.1.3.2 frequency in STS 3.1.3, ``Control Rod OPERABILITY,'' (NUREG-1433 and NUREG-1434), (2) a clarification to the requirement to fully insert all insertable control rods for the limiting condition for operation (LCO) in STS 3.3.1.2, Required Action E.2, ``Source Range Monitor Instrumentation'' (NUREG-1434 only), and (3) the revision of Example 1.4-3 in STS Section 1.4 ``Frequency'' to clarify the applicability of the 1.25 surveillance test interval extension (NUREG-1430 through NUREG-1434). The NRC staff has also prepared a model license amendment request and a model no significant hazards consideration (NSHC) determination relating to this matter. The purpose of these models is to permit the NRC to efficiently process amendments that propose to modify TS control rod SR testing frequency, clarify TS control insertion requirements, and clarify SR frequency discussions. Licensees of nuclear power reactors to which the models apply can request amendments, confirming the applicability of the SE and NSHC determination to their plant licensing basis.

The NRC has recently submitted the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) to OMB for review. 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: New collection. 2. The title of the information collection: Comprehensive Decommissioning Program, Including Annual Data Collection, OMB 3150- xxxx. 3. The form number if applicable: N/A. 4. How often the collection is required: Annually (to keep site information current). 5. Who will be required or asked to report: Agreement States who have signed Section 274(b) Agreements with NRC and are regulating uranium recovery and/or complex sites undergoing decommissioning. 6. An estimate of the number of annual responses: 68. (2 responses for each respondent.) 7. The estimated number of annual respondents: 34. 8. An estimate of the total number of hours needed annually to complete the requirement or request: 677 hours (approximately 20 hours per respondent). 9. An indication of whether Section 3507(d), Pub. L. 104-13 applies: N/A. 10. Abstract: Agreement States will be asked to provide information about uranium recovery and complex sites undergoing decommissioning regulated by the Agreement States on an annual basis. The information request will allow the NRC to compile, in a centralized location, more complete information on the status of decommissioning and decontamination in the United States in order to provide a national perspective on decommissioning. The information will be made available to the public by the NRC in order to ensure openness and promote communication to enhance public confidence in the national decommissioning program. This does not apply to information, such as trade secrets and commercial or financial information provided by the Agreement States as privileged or confidential. Information such as financial assurance and the status of decommissioning funding would need to be identified by the Agreement State as privileged or confidential, whereupon the NRC would withhold such information from public access and treat it as sensitive or non-sensitive, per the considerations in 10 CFR 2.390 and 9.17. This does not apply to financial assurance or decommissioning funding information that is already available to the public. Although specific details of the funding mechanisms are treated as confidential, beneficial lessons learned regarding the improvement of decommissioning-related funding will be shared with the Agreement States. 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 December 10, 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: Nathan J. Frey, Office of Information and Regulatory Affairs (3150- xxxx), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to NathanJ.Frey@omb.eop.gov or submitted by telephone at (202) 395-7345. The NRC Clearance Officer is Margaret A. Janney, 301-415-7245.