Nuclear Regulatory Commission February 2008 – Federal Register Recent Federal Regulation Documents

On December 20, 2007 (72 FR 72522), the Nuclear Regulatory Commission (NRC) published for public comment a proposed rule on Geologic Repository Operations Area Security and Material Control and Accounting Requirements. The public comment period for this proposed rule was to have expired on March 4, 2008. The Nuclear Energy Institute (NEI) has requested an extension to May 5, 2008. Due to the complex nature of the proposed rule, the NRC has decided to extend the comment period until May 5, 2008. In a letter dated January 22, 2008, NEI requested the additional time to fully capture the relevant industry experience with the type of post September 11, 2001 security enhancements discussed in the proposal.

The NRC is soliciting public comment on its Proposed Interim Staff Guidance COL/DC-ISG-003. This interim staff guidance (ISG) supplements the guidance provided to the staff in Section 19.0, ``Probabilistic Risk Assessment and Severe Accident Evaluation for New Reactors,'' of NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants'' (SRP), concerning the review of probabilistic risk assessment (PRA) information and severe accident assessment submitted to support design certification (DC) and combined license (COL) applications. Upon receiving public comments, the NRC staff will evaluate and disposition the comments, as appropriate. Once the NRC staff completes the COL/DC-ISG, it will issue the same for NRC and industry use. The NRC staff will also incorporate the approved COL/DC-ISG-003 into the next revision of the SRP and related guidance documents.

The U.S. Nuclear Regulatory Commission (NRC) will convene a meeting of the Independent External Review Panel to Identify Vulnerabilities in the NRC's Materials Licensing Program on March 5 through 7, 2008. A copy of the agenda for the meeting can be obtained by e-mailing Mr. Aaron T. McCraw at the contact information below. Purpose: To initiate the Panel's discussions and deliberations in developing their final report and to allow members of the public an opportunity to provide comments to the Panel on its draft report. The Panel's draft report is located in the NRC's Agencywide Document Access and Management System (ADAMS) using Accession Number ML080230554. Date and Time for Closed Sessions: There will be no closed sessions during this meeting. Date and Time for Open Session: March 5, 2008, from 2 p.m. to 4:30 p.m.; March 6, 2008, from 9 a.m. to 4:30 p.m.; and March 7, 2008, from 9 a.m. to 12 p.m. Address for Public Meeting: NRC, Two White Flint North Building, 11545 Rockville Pike, Rockville, Maryland 20852. Specific room locations will be indicated 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. Contact Information: Aaron T. McCraw, e-mail: atm@nrc.gov, telephone: (301) 415-1277.

The Nuclear Regulatory Commission (NRC) is confirming the effective date of February 15, 2008, for the final rule that was published in the Federal Register on December 4, 2007 (72 FR 68043). The final rule amended the NRC's regulations on the reporting of annual dose to workers, the definition of Total Effective Dose Equivalent (TEDE), the labeling of certain containers holding licensed material, and the determination of cumulative occupational radiation dose. On December 20, 2007 (72 FR 72233), the NRC published a document that deferred the effective date of this final rule until February 15, 2008.

The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: Notice of Enforcement Discretion (NOEDs) For Operating Power Reactors and Gaseous Diffusion Plants (GDP) (NRC Enforcement Policy). 2. Current OMB approval number: 3150-0136. 3. How often the collection is required: On occasion. 4. Who is required or asked to report: Nuclear power reactor licensees and gaseous diffusion plant certificate holders. 5. The number of annual respondents: Approximately 14. 6. The number of hours needed annually to complete the requirement or request: 1,825. 7. Abstract: The NRC's Enforcement Policy addresses circumstances in which the NRC may exercise enforcement discretion. A specific type of enforcement discretion is designated as a NOED and relates to circumstances which may arise where a nuclear power plant licensee's compliance with a Technical Specification Limiting Condition for Operation or other license conditions would involve: (1) An unnecessary plant shutdown; (2) performance of testing, inspection, or system realignment that is inappropriate for the specific plant conditions; or (3) unnecessary delays in plant startup without a corresponding health and safety benefit. Similarly, for a gaseous diffusion plant, circumstances may arise where compliance with a Technical Safety Requirement or other condition would unnecessarily call for a total plant shutdown, or, compliance would unnecessarily place the plant in a condition where safety, safeguards or security features were degraded or inoperable. A licensee or certificate holder seeking the issuance of an NOED must provide a written justification, in accordance with guidance provided in NRC Inspection Manual, Part 9900, which documents the safety basis for the request and provides whatever other information the NRC staff deems necessary to decide whether or not to exercise discretion. Submit, by April 14, 2008, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft 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 about the information collection requirements may be directed to the NRC Clearance Officer, Margaret A. Janney (T-5 F52), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-7245, or by e-mail to INFOCOLLECTS@NRC.GOV.

The Nuclear Regulatory Commission (NRC) is withdrawing, at the petitioner's request, a petition for rulemaking (PRM-50-57) (57 FR 2059; January 17, 1992) filed by the North Carolina Utilities Commission Public Staff (petitioner). The petitioner requested that the Commission amend its regulations to substantially reduce or eliminate insurance requirements for nuclear power reactors when all the nuclear reactors on a reactor station site have been shut down or are awaiting decommissioning, and all nuclear fuel has been removed from the reactor site.