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

Exelon Nuclear Texas Holdings, LLC; Notice of Receipt and Availability of Application for a Combined License
Document Number: E8-22909
Type: Notice
Date: 2008-09-30
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Salmon River Uranium Development Site; Notice of Completion of Remediation at Salmon River Uranium Development Site, Near North Fork, ID
Document Number: E8-22908
Type: Notice
Date: 2008-09-30
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is noticing the completion of remediation activities at the Salmon River Uranium Development Site, near North Fork, Idaho. Background: The U.S. Atomic Energy Commission (AEC) issued Source Material License P-4001 to Salmon River Uranium Development, Inc. (SRUD) on October 10, 1958. This license authorized SRUD to possess and transfer source material. On March 30, 1959, the AEC issued Source Material License No. R-0230 to SRUD. This license authorized the receipt and possession of source material for processing. Source Material License No. R-0230 expired on June 30, 1959 and Source Material License No. P-4001 expired on October 31, 1959. Both uranium and thorium ores were processed at the site. Processing of source material occurred at two separate times, the late- 1950s and the late-1970s. Processing operations were conducted in the late-1950s in accordance with the AEC licenses. During the late-1970s, pilot plant operations were conducted at the site to determine the viability of experimental ore processing techniques. The SRUD site was placed on the NRC's Site Decommissioning Management Plan (SDMP) list in 1994. In May 2001, NRC staff visited the SRUD site and identified thorium contamination in the form of partially processed ore. In 2003, the NRC and the Oak Ridge Institute for Science and Education conducted scoping surveys of the site. During 2004 and 2005, NRC staff worked with the Idaho Department of Environmental Quality and the U.S. Environmental Protection Agency (EPA) to establish an approach for remediation of the site. EPA agreed to perform remediation activities at the SRUD site in accordance with the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. 9601(14) and (33). A Removal Action Work Plan (ADAMS No. ML072880344), which specified its step-by- step process for conducting cleanup activities at the SRUD site, was developed by the EPA and approved by the NRC. The EPA's Removal Action Work Plan included the removal and disposal of hazardous chemical and radiological contaminants that may pose a threat to workers, public health and welfare, and the environment. EPA's radiological release criteria was based on a recreational use scenario for the site. Implementation of the EPA's work plan began on October 23, 2007, and was completed on June 3, 2008. Contaminated waste material above the unrestricted release criteria was shipped to licensed disposal sites. EPA's work activities summary report is documented in the Final Removal Action Report, dated September 12, 2008 (ADAMS No. ML082590288). The NRC staff conducted confirmatory radiological surveys of site structures and land areas and collected soil samples for analysis by the NRC's independent laboratory contractor to verify results obtained by EPA. Confirmatory surveys consisted of surface scans for alpha, beta and gamma radiation, direct measurements for total alpha and beta activity, collection and analysis of soil samples for thorium and uranium, and collection of smear samples for determining removable radioactivity levels. The survey information and sample results are documented in Inspection Reports 040-03400/07-01 (ADAMS No. ML080320117) and 040-03400/08-01 (ADAMS No. ML082180190). The NRC performed an independent dose assessment using the recreational scenario employed by the EPA to evaluate the EPA's cleanup criteria and evaluate the condition of the SRUD site. Based on the considerations discussed above, the Commission has concluded that: (1) Radioactive material above release limits has been properly disposed; (2) reasonable effort has been made to eliminate residual radioactive contamination; and (3) FSSs and associated documentation demonstrate that the site is suitable for unrestricted release in accordance with the criteria in 10 CFR Part 20, Subpart E. Therefore, the Salmon River site near North Fork, Idaho is suitable for unrestricted use.
Sunshine Federal Register Notice
Document Number: E8-22906
Type: Notice
Date: 2008-09-29
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Inflation Adjustment to the Price-Anderson Act Financial Protection Regulations
Document Number: E8-22784
Type: Rule
Date: 2008-09-29
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Atomic Energy Act of 1954, as amended, (AEA) requires the NRC to adjust the maximum total and annual standard deferred premiums specified in the Price-Anderson Act for inflation at least once during each 5-year period following August 20, 2003. The NRC is amending its regulations to satisfy this requirement.
Draft Regulatory Guide: Issuance, Availability
Document Number: E8-22780
Type: Notice
Date: 2008-09-29
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Security and Continued Use of Cesium-137 Chloride Sources: Granting Extension of Comment Period
Document Number: E8-22688
Type: Notice
Date: 2008-09-26
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Notice of Issuance of Regulatory Guide
Document Number: E8-22534
Type: Notice
Date: 2008-09-25
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Notice of License Termination CBS Test Reactor Located at Waltz Mill Site, Madison, PA
Document Number: E8-22533
Type: Notice
Date: 2008-09-25
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Notice of Issuance of Regulatory Guide
Document Number: E8-22532
Type: Notice
Date: 2008-09-25
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request
Document Number: E8-22531
Type: Notice
Date: 2008-09-25
Agency: Nuclear Regulatory Commission, Agencies and Commissions
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. The NRC published a Federal Register Notice with a 60-day comment period on this information collection on June 30, 2008. 1. Type of submission, new, revision, or extension: Revision. 2. The title of the information collection: Voluntary Reporting of Performance Indicators. 3. Current OMB approval number: 3150-0195. 4. The form number if applicable: NA. 5. How often the collection is required: Quarterly. 6. Who will be required or asked to report: Power reactor licensees. 7. An estimate of the number of annual responses: 416. 8. The estimated number of annual respondents: 104. 9. An estimate of the total number of hours needed annually to complete the requirement or request: Approximately 84,500 hours (83,200 reporting hours plus 1,300 recordkeeping hours for 26 recordkeepers). 10. Abstract: As part of a joint industry-NRC initiative, the NRC receives information submitted voluntarily by power reactor licensees regarding selected performance attributes known as performance indicators (PIs). PIs are objective measures of the performance of licensee systems or programs. The NRC's reactor oversight process uses PI information, along with the results of inspections, as the basis for NRC conclusions regarding plant performance and necessary regulatory response. Licensees transmit PIs electronically to reduce burden on themselves and the NRC. 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 October 27, 2008. 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- 0195), 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 Russell Nichols, (301) 415-6874.
Notice of Availability of Memorandum of Understanding Between U.S. Army Corps of Engineers and U.S. Nuclear Regulatory Commission on Environmental Reviews Related to the Issuance of Authorizations To Construct and Operate Nuclear Power Plants
Document Number: E8-22528
Type: Notice
Date: 2008-09-25
Agency: Nuclear Regulatory Commission, Agencies and Commissions
On September 12, 2008, the U.S. Nuclear Regulatory Commission (NRC) and the U.S. Army Corps of Engineers (Corps) signed a Memorandum of Understanding (MOU) which establishes a framework for early coordination and participation among the agencies. The MOU is an effort to facilitate the timely review of proposed nuclear power plant applications and it establishes a commitment to early agency involvement; proactive participation and informal communication throughout the review process; sharing of information gathered, considered and relied upon by each agency; and, if requested, interagency participation in public hearings. Interagency cooperation under the MOU will facilitate each agency's compliance with its review responsibilities under the National Environmental Policy Act and other related statutes with respect to the authorizations required to construct and operate nuclear power plants licensed by the NRC. It is anticipated that the Corps will act as a cooperating agency in most circumstances; however, the MOU does not preclude different forms of coordination (e.g., Corps participation as a consulting agency).
Technical Specifications-Restoring the Original Paragraph Designations
Document Number: E8-22355
Type: Rule
Date: 2008-09-24
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is amending its regulations to resolve an administrative issue raised in a petition for rulemaking (PRM) submitted by the Strategic Teaming and Resource Sharing (STARS) Integrated Regulatory Affairs Group (PRM-50-91). In this final rule, the NRC is restoring the original paragraph designations as existed in 10 CFR 50.36 before the 2007 Part 52 final rulemaking. This final rule eliminates the need for licensees to expend resources on administrative redesignations that have no safety benefit.
Sunshine Federal Register Notice
Document Number: E8-22345
Type: Notice
Date: 2008-09-23
Agency: Nuclear Regulatory Commission, Agencies and Commissions
David Lochbaum on Behalf of the Project on Government Oversight and the Union of Concerned Scientists
Document Number: E8-22174
Type: Proposed Rule
Date: 2008-09-23
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking submitted by Mr. David Lochbaum on behalf of the Project on Government Oversight (POGO) and the Union of Concerned Scientists (UCS) on February 23, 2007. The petitioner requested that the NRC amend its regulations governing domestic licensing of production and utilization facilities to require periodic demonstrations by applicable local, State, and Federal entities to ensure that nuclear power plants can be adequately protected against radiological sabotage by adversaries with capabilities that exceed those posed by the design basis threat (DBT).
Adjustment of Civil Penalties for Inflation
Document Number: E8-22172
Type: Rule
Date: 2008-09-23
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is amending its regulations to adjust the maximum Civil Monetary Penalties (CMPs) it can assess under statutes within the jurisdiction of the NRC. These changes were mandated by Congress in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. The NRC is amending its regulations to adjust the maximum CMP for a violation of the Atomic Energy Act of 1954, as amended, (AEA) or any regulation or order issued under the AEA from $130,000 to $140,000 per violation per day. Further, the provisions concerning program fraud civil penalties are being amended by adjusting the maximum CMP under the Program Fraud Civil Remedies Act from $6,000 to $7,000 for each false claim or statement.
Advisory Committee on Reactor Safeguards
Document Number: E8-22069
Type: Notice
Date: 2008-09-22
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Advisory Committee on the Medical Uses of Isotopes: Meeting Notice
Document Number: E8-22066
Type: Notice
Date: 2008-09-22
Agency: Nuclear Regulatory Commission, Agencies and Commissions
NRC will convene a meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) October 27-28, 2008. A sample of agenda items to be discussed during the public session includes: (1) ACMUI subcommittee reports on cesium chloride (CsCl), permanent implant brachytherapy rulemaking, and fingerprinting; (2) Y-90 microsphere brachytherapy licensing guidance; (3) potential changes to 10 CFR Parts 20 and 35; (4) patient needs, concerns, and rights in radiation medicine; (5) infiltration of fluorine-18 (F-18) and therapeutic radiopharmaceuticals as medical events; (6) status of recommendations for modifying training and experience attestation requirements; (7) status of technical basis for the Petition for Rulemaking (PRM) 35-20 (Ritenour) and follow-up; (8) Potential rulemaking and associated Regulatory Issue Summary (RIS) regarding multiple RSOs on a medical-use license; (9) status of current and future 10 CFR Part 35 rulemaking; and (10) medical isotope shortages. A copy of the agenda will be available at http://www.nrc.gov/reading-rm/doc-collections/acmui/agenda or by e-mailing Ms. Ashley Tull at the contact information below. Purpose: Discuss issues related to 10 CFR Part 35 Medical Use of Byproduct Material. Date and Time for Closed Sessions: October 27, 2008 from 8 a.m. to 9 a.m. This session will be closed so that ACMUI can discuss internal Committee business and receive annual ethics training. Date and Time for Open Sessions: October 27, 2008, from 9 a.m. to 5 p.m. and October 28, 2008, from 8 a.m. to 4 p.m. Address for Public Meeting: U.S. Nuclear Regulatory Commission, Two White Flint North Building, Room T-2B3, 11545 Rockville Pike, Rockville, Maryland 20852. Public Participation: Any member of the public who wishes to participate in the meeting should contact Ms. Tull using the information below.
Correction to Notice of Availability of Draft Generic Environmental Impact Statement for In-Situ Leach Uranium Milling Facilities
Document Number: E8-21908
Type: Notice
Date: 2008-09-19
Agency: Nuclear Regulatory Commission, Agencies and Commissions
On July 28, 2008, the U.S. Nuclear Regulatory Commission (NRC) issued a notice for public comment of a Draft Generic Environmental Impact Statement (Draft GEIS) that identifies and evaluates on a programmatic basis, the potential environmental impacts from the construction, operation, aquifer restoration, and decommissioning at in-situ leach (ISL) uranium milling facilities located in particular regions of the western United States (73 FR 43795). In that notice, the NRC also provided information on eight public meetings to be hosted by the NRC that would allow the NRC staff to present an overview of the Draft GEIS and to accept oral and written public comments on the Draft GEIS from interested members of the public. Corrected dates and associated information is provided below for two of those meetings: Meeting Date: September 23, 2008, 7 p.m. to 9:30 p.m. Meeting Location: Best Western Tower West Lodge, 109 North U.S. Highway 14 & 16, Gillette, WY 82716, Phone (307) 686-2210. Meeting Date: September 25, 2008, 7 p.m. to 9:30 p.m. Meeting Location: Best Western Ramkota Hotel, 800 N. Poplar Road, Casper, WY 82601, Phone (307) 266-6000. For each meeting, members of the NRC staff will be available for informal discussions with members of the public from 6 p.m. to 7 p.m. The formal meeting and associated NRC presentation will begin at 7 p.m. Interested persons may register to speak at the meetings. Depending on the number of speakers for a meeting, each speaker may be limited in the amount of time allocated for their comments so that all speakers will have an opportunity to offer comments.
Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request
Document Number: E8-21799
Type: Notice
Date: 2008-09-18
Agency: Nuclear Regulatory Commission, Agencies and Commissions
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. The NRC published a Federal Register Notice with a 60-day comment period on this information collection on May 30, 2008. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: 10 CFR Part 33 Specific Domestic Licenses of Broad Scope for Byproduct Material. 3. Current OMB approval number: 3150-0015. 4. The form number if applicable: N/A. 5. How often the collection is required: There is a one-time submittal of information to receive a license. Once a specific license has been issued, there is a 10-year resubmittal of the information for renewal of the license. 6. Who will be required or asked to report: All applicants requesting a license of broad scope for byproduct material and all current licensees requesting renewal of a broad scope license. 7. An estimate of the number of annual responses: All of the information collections in Part 33 are captured under OMB clearance number 3150-0120 for NRC Form 313. 8. The estimated number of annual respondents: See Item 7. 9. An estimate of the total number of hours needed annually to complete the requirement or request: See Item 7. 10. Abstract: 10 CFR Part 33 contains mandatory requirements for the issuance of a broad scope license authorizing the use of byproduct material. The subparts cover specific requirements for obtaining a license of broad scope. These requirements include equipment, facilities, personnel, and procedures adequate to protect health and minimize danger to life or property. 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 October 20, 2008. 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.
Sunshine Federal Register Notice
Document Number: E8-21652
Type: Notice
Date: 2008-09-16
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Request for a License To Import Radioactive Waste
Document Number: E8-21571
Type: Notice
Date: 2008-09-16
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Withdrawal of Regulatory Guide
Document Number: E8-21567
Type: Notice
Date: 2008-09-16
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Draft Regulatory Guide: Issuance, Availability
Document Number: E8-21566
Type: Notice
Date: 2008-09-16
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Notice of Issuance of Regulatory Guide
Document Number: E8-21564
Type: Notice
Date: 2008-09-16
Agency: Nuclear Regulatory Commission, Agencies and Commissions
``Project PlanFire-Induced Failure Modes and Effects Testing of Direct Current Driven Control Cables,'' Draft for Public Comment
Document Number: E8-21562
Type: Notice
Date: 2008-09-16
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The NRC is making the proposed draft test plan, ``Project PlanFire-Induced Failure Modes and Effects Testing of Direct Current Driven Control Cables,'' available for public comment.
Oregon State University Research Reactor; Notice of Issuance of Renewed Facility License No. R-106
Document Number: E8-21556
Type: Notice
Date: 2008-09-16
Agency: Nuclear Regulatory Commission, Agencies and Commissions
NRC Enforcement Policy Revision
Document Number: E8-21433
Type: Notice
Date: 2008-09-15
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is revising its Enforcement Policy (Enforcement Policy or Policy) to more appropriately address the various areas that the NRC regulates, providing a framework that supports consistent implementation of the Enforcement Policy. A notice was published on January 25, 2007, announcing that the NRC was undertaking a major revision of the Enforcement Policy to clarify the use of terms and update the Policy, removing outdated information and adding information addressing enforcement issues in areas that are not currently directly addressed in the Policy. The NRC is now soliciting written comments from interested parties including public interest groups, states, members of the public and the regulated industry, i.e., reactor and materials licensees, vendors, and contractors, on the proposed revised Policy. This request is intended to assist the NRC in revising the Enforcement Policy; NRC does not intend to modify its emphasis on compliance with NRC requirements.
FPL Energy Seabrook LLC; Establishment of Atomic Safety and Licensing Board
Document Number: E8-21278
Type: Notice
Date: 2008-09-12
Agency: Nuclear Regulatory Commission, Agencies and Commissions