Clarification of NRC Civil Penalty Authority Over Contractors and Subcontractors Who Discriminate Against Employees for Engaging in Protected Activities
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.
Independent External Review Panel To Identify Vulnerabilities in the U.S. Nuclear Regulatory Commission's Materials Licensing Program: Meeting Notice
NRC will convene a meeting of the Independent External Review Panel to Identify Vulnerabilities in the U.S. Nuclear Regulatory Commission's (NRC) Materials Licensing Program from November 27 through November 30, 2007. A sample of agenda items to be discussed during the public session includes: (1) History of the NRC's ``good faith'' presumption in the licensing process; (2) pre-licensing guidance; and (3) specific, general, and import/export licensing procedures and processes. A copy of the agenda for the meeting can be obtained by e- mailing Mr. Aaron T. McCraw at the contact information below. Purpose: Initiate the panel's assessment of the NRC's licensing program beginning with an examination of the NRC's ``good faith'' presumption and specific procedures and processes of the licensing program. Date and Time for Closed Sessions: November 30, 2007, from 8 a.m. to 11 a.m. This session will be closed so that NRC staff and the Review Panel can discuss safeguards information and pre-decisional information pursuant to 5 U.S.C. 552b(c)(3) and 5 U.S.C. 552b(c)(9)(B), respectively. Date and Time for Open Sessions: November 27, 2007, from 2 p.m. to 4:45 p.m.; and November 28-29, from 9 a.m. to 4:30 p.m. Address for Public Meeting: U.S. Nuclear Regulatory Commission, Two White Flint North Building, 11545 Rockville Pike, Rockville, Maryland 20852. Specific room locations will be indicated for each day on the agenda. Public Participation: Any member of the public who wishes to participate in the meeting should contact Mr. McCraw using the information below.
Notice of Availability of Model Application Concerning Technical Specification Improvement To Revise Control Rod Notch Surveillance Frequency, Clarify SRM Insert Control Rod Action, and Clarify Frequency Example
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) 188.8.131.52 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 184.108.40.206, 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.
NUREG-1556, Volume 21, “Consolidated Guidance About Materials Licenses Program-Specific Guidance About Possession Licenses for Production of Radioactive Material Using an Accelerator”
The Nuclear Regulatory Commission (NRC) is announcing the completion and availability of NUREG-1556, Volume 21, ``Consolidated Guidance About Materials Licenses, Program-Specific Guidance About Possession Licenses for Production of Radioactive Material Using an Accelerator,'' dated October 2007.
Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request
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: http:// www.nrc.gov/public-involve/doc-comment/omb/index.html. 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.
Friends United for Sustainable Energy; Denial of Petition for Rulemaking
The Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking (PRM-54-4) submitted by Susan Shapiro, Esquire, Friends United for Sustainable Energy. The petitioner requested that the NRC issue an order to enjoin the NRC from considering any new license applications until the NRC can amend its regulations so that the regulations do not suppress and/or eliminate a stakeholder's right to redress, due process and equal protection in the licensing renewal process. A notice of receipt of this petition was not published in the Federal Register.
Notice of Availability of Final Environmental Assessment and Finding of No Significant Impact Related to the License Termination Plan for the Rancho Seco Nuclear Generating Station
Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC) is issuing an environmental assessment (EA) related to the license termination plan (LTP) for the Rancho Seco Nuclear Generating Station, dated April 12, 2006. The EA was developed as part of the NRC decision-making process on whether or not to approve the LTP that will result in subsequent release of the site from NRC licensing for unrestricted use of the site (as defined in Title 10 of the Code of Federal Regulations (10 CFR) 20.1402, ``Radiological Criteria for Unrestricted Use''). The scope of the EA is the determination of the adequacy of the radiation release criteria and the final status survey as presented in the LTP. The EA specifically examines potential impacts on land use, water resources, and human health from structures and/or residual materials that will be present at the site at the time the site is released and the license is terminated. The EA also identifies compliance with section 106 of the National Historic Preservation Act.
Revised Notice of Intent To Prepare a Generic Environmental Impact Statement for Uranium Milling Facilities
This notice revises a notice published on September 27, 2007, in the Federal Register (72 FR 54947), which announced, in part, that the scoping period for the NRC's Generic Environmental Impact Statement (GEIS) for uranium recovery facilities was extended to October 31, 2007. The purpose of this revised notice is to further extend the scoping comment period to November 30, 2007.
List of Approved Spent Fuel Storage Casks: TN-68 Revision 1, Confirmation of Effective Date
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.
List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 4
The Nuclear Regulatory Commission (NRC) is amending 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 will include 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.
List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 4
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.
State of Nevada; Denial of a Petition for Rulemaking
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.
William Stein, III, M.D.; Denial of Petition for Rulemaking
The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking (PRM-35-19) submitted by William Stein, III, M.D. (petitioner). The petitioner requested that the NRC amend the regulations that govern medical use of byproduct material concerning training for parenteral administration of certain radioactive drugs samarium-153 lexidronam (Quadramet), iodine-131 tositumomab (Bexxar), and yttrium-90 ibritumomab tiuxetan (Zevalin)used to treat cancer. The petitioner believes that these regulations are unduly burdensome for the use of these drugs. The petitioner requested that the regulations be amended to codify an 80-hour Laboratory and classroom, training and appropriate work experience, and written attestation as appropriate and sufficient for physicians desiring to attain authorized user status for therapeutic administrations of these unsealed byproduct materials.
Appointments To Performance Review Boards for Senior Executive Service
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:
PSEG Nuclear, LLC; Hope Creek Generating Station Draft Environmental Assessment and Finding of No Significant Impact Related to the Proposed License Amendment To Increase the Maximum Reactor Power Level
The NRC has prepared a draft Environmental Assessment (EA) as its evaluation of a request by the PSEG Nuclear, LLC (PSEG) for license amendments to increase the maximum thermal power at Hope Creek Generating Station (HCGS) from 3,339 megawatts-thermal (MWt) to 3,840 MWt. The EA assesses environmental impacts up to a maximum thermal power level of 3,952 MWt, as the applicant's environmental report was based on that power level. As stated in the NRC staff's position paper dated February 8, 1996, on the Boiling-Water Reactor (BWR) Extended Power Uprate (EPU) Program, the NRC staff would prepare an environmental impact statement if it believes a power uprate would have a significant impact on the human environment. The NRC staff did not identify any significant impact from the information provided in the licensee's EPU application for HCGS or from the NRC staff's independent review; therefore, the NRC staff is documenting its environmental review in an EA. The draft EA and Finding of No Significant Impact are being published in the Federal Register with a 30-day public comment period.
Notice of Availability of Final Environmental Assessment and Finding of No Significant Impact for Cabot Corporation Proposed Decommissioning Plan for Site in Reading, PA
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.