Anthony R. Pietrangelo, Nuclear Energy Institute; Consideration of Petition in the Rulemaking Process
The Nuclear Regulatory Commission (NRC) is considering the issues raised in a petition for rulemaking submitted by Anthony R. Pietrangelo, on behalf of the Nuclear Energy Institute, in the ongoing ``Risk-Informed Redefinition of Large Break Loss-of-Coolant Accident (LOCA) Emergency Core Cooling System (ECCS) Requirements'' rulemaking. The petitioner requested that the NRC amend its regulations to allow the use of an alternative to the currently required double-ended rupture of the largest pipe in the reactor coolant system in ECCS evaluation models.
Petition for Rulemaking Filed by David J. Modeen, Nuclear Energy Institute; Consideration of Petition in the Rulemaking Process
The Nuclear Regulatory Commission (NRC) is considering the issues raised in a petition for rulemaking submitted by David J. Modeen, on behalf of the Nuclear Energy Institute, in the ongoing ``Performance-Based Emergency Core Cooling System (ECCS) Cladding Acceptance Criteria'' rulemaking (ADAMS accession no. ML020630082). The petitioner requested that the NRC amend its regulations to allow nuclear power plant licensees to use zirconium-based cladding materials other than Zircaloy or ZIRLO, provided the cladding materials meet the requirements for fuel cladding performance and have been approved by the NRC staff. Specifically, the petitioner stated that the NRC's current regulations require uranium oxide fuel pellets, used in commercial reactor fuel, to be contained in cladding material made of Zircaloy or ZIRLO. The requirement to use either of these materials is stated in the regulations that govern combustible gas control and acceptance criteria for emergency core cooling systems for nuclear power reactors. The petitioner noted that subsequent to promulgation of these regulations, commercial nuclear fuel vendors have developed and continue to develop materials other than Zircaloy or ZIRLO. To allow a licensee to use fuel made with these new cladding alloys, the NRC must review and approve an exemption request. The petitioner requested that the NRC amend these regulations to allow licensees discretion to use zirconium-based cladding materials other than Zircaloy or ZIRLO, provided that the cladding materials meet the fuel cladding performance requirements and have been reviewed and approved by the NRC staff.
In the Matter of Stepan Company Maywood, New Jersey; Confirmatory Order Modifying License (Effective Immediately)
This notice is to advise the Public of the issuance of a Confirmatory Order Modifying License No. STC-1333, held by the Stepan Company (Stepan or Licensee). The Order set forth below was issued to the Licensee on October 21, 2008, and includes an opportunity to request a hearing. Although the Order indicates any person adversely affected by the Confirmatory Order, other than the Licensee, may request a hearing within 20 days of its issuance, the public has 20 days from the publication of the Order in the Federal Register, in which to request a hearing.
Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request
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 August 1, 2008 (73 FR 45083). 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: NRC Form 396, ``Certification of Medical Examination by Facility Licensee''. 3. Current OMB approval number: 3150-0024. 4. The form number if applicable: NRC Form 396. 5. How often the collection is required: Upon application for an initial operator license, every six years for the renewal of operator or senior operator license, and upon notice of disability. 6. Who will be required or asked to report: Facility licensees who are tasked with certifying the medical fitness of an applicant or licensee. 7. An estimate of the number of annual responses: 1,290. 8. The estimated number of annual respondents: 137. 9. An estimate of the total number of hours needed annually to complete the requirement or request: 793 (323 hours for reporting [.25 hours per response], and 470 hours for recordkeeping [3.4 hours per recordkeeper]. 10. Abstract: NRC Form 396 is used to transmit information to the NRC regarding the medical condition of applicants for initial operator licenses or renewal of operator licenses and for the maintenance of medical records for all licensed operators. The information is used to determine whether the physical condition and general health of applicants for operator licensees is such that the applicant would not be expected to cause operational errors and endanger public health and safety. 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 World Wide 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 4, 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- 0024), 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 Gregory Trussell (301) 415-6445.
List of Approved Spent Fuel Storage Casks: NAC-UMS Revision 5
The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage cask regulations by revising the NAC International, Inc., NAC-UMS Universal Storage System listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 5 to Certificate of Compliance (CoC) Number 1015. Amendment No. 5 will modify the CoC to incorporate certain high burnup pressurized water reactor (PWR) fuel as approved contents and to reflect those changes in the associated Technical Specifications (TS). In addition, the amendment to the CoC will include several other changes to the TS and the Final Safety Analysis Report (FSAR) to enhance the loading and storage operation of the NAC-UMS Universal Storage System.
List of Approved Spent Fuel Storage Casks: NAC-UMS Revision 5
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage cask regulations by revising the NAC International, Inc., NAC-UMS Universal Storage System listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 5 to Certificate of Compliance (CoC) Number 1015. Amendment No. 5 would modify the CoC to incorporate certain high burnup pressurized water reactor fuel as approved contents and to reflect those changes in the associated Technical Specifications (TS). In addition, the proposed amendment to the CoC would include several other changes to the TS and the Final Safety Analysis Report (FSAR) to enhance the loading and storage operation of the NAC-UMS Universal Storage System.
Protection of Safeguards Information
The Nuclear Regulatory Commission (NRC) is amending its regulations for the protection of Safeguards Information (SGI) to protect SGI from inadvertent release and unauthorized disclosure which might compromise the security of nuclear facilities and materials. The amendments modify the requirements for the protection of SGI with respect to persons, information, and materials subject to the regulations, as well as those that are not. These amendments are within the scope of Commission authority under the Atomic Energy Act of 1954, as amended (AEA). The NRC published a proposed rule on SGI on February 11, 2005, and published a revised proposed rule on October 31, 2006, to allow for public comment on changes to the proposed rule text made for the following reasons: In response to public comments, to reflect amendments to the AEA in the Energy Policy Act of 2005 (EPAct), and to reflect Commission Orders issued to licensees authorized to possess and transfer items containing certain quantities of radioactive material. The NRC is now publishing this final rule, in which the NRC is responding to the comments that have been received and is making appropriate changes to the text of the revised proposed rule.
State of Nevada; Denial of Petition for Rulemaking
The U.S. Nuclear Regulatory Commission (NRC or Commission) is denying a petition for rulemaking submitted by the State of Nevada (Nevada or petitioner). The petition requests that NRC modify its regulation regarding issues specified for review in a notice of hearing for the Department of Energy (DOE) application for a high-level waste (HLW) repository construction authorization at Yucca Mountain, Nevada. The petitioner asserts that the proposed regulation would ``fill a gap'' in the NRC's current regulations. Further, petitioner asserts that the proposed regulation fulfills the Commission's intent when it first required a hearing for any docketed applications for construction of a HLW repository. NRC is denying the petition because it is inconsistent with current NRC rules and inconsistent with the Commission's intent when it originally established regulations requiring an opportunity for a hearing for all docketed HLW repository construction applications.
Thomas E. Magette on Behalf of EnergySolutions, LLC; Notice of Denial of Petition for Rulemaking
The Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking submitted by Mr. Thomas E. Magette on behalf of EnergySolutions, LLC. The petitioner requested that the NRC's regulations governing domestic licensing of production and utilization facilities be amended to provide a regulatory framework that would allow funds from licensees' decommissioning trust funds to be used for the cost of disposal of ``major radioactive components'' (MRCs) that have been removed from reactors before the permanent cessation of operations.
Union Electric Company d/b/a AmerenUE, Notice of Receipt and Availability of Application for a Combined License; Correction
This document corrects a notice appearing in the Federal Register on October 9, 2008 (65 FR 59677), that notices the receipt and availability of an application for a combined license for an evolutionary power reactor nuclear power plant at the existing Callaway Power Plant site located in Callaway County, Missouri. This action is necessary to correct the heading of the document.
NRC Enforcement Policy Revision
On September 15, 2008, the Nuclear Regulatory Commission (NRC) published a ``Notice of Availability of Draft and Request for Comments'' (See 73 FR 53286) on its proposed revised Enforcement Policy (Enforcement Policy or Policy). Subsequent to the September 15th publication, errors were identified in section 6.3, Materials Operations and section 6.7, Health Physics, of the proposed revised Policy. The NRC has corrected sections 6.3 and 6.7 and is making publicly available the corrected document as described below. No other changes or corrections have been made to the proposed revised Enforcement Policy published on September 15, 2008.
Office of New Reactors; Interim Staff Guidance on the Necessary Content of Plant-Specific Technical Specifications for a Combined License
The NRC is soliciting public comment on its proposed Interim Staff Guidance (ISG) DC/COL-ISG-08 (ADAMS Accession No. ML082520707). The purpose of this ISG is to change the NRC staff position on the necessary content of plant-specific technical specifications (PTS) when a combined license (COL) is issued. This ISG clarifies the staff guidance contained in Regulatory Guide (RG) 1.206, ``Combined License Applications for Nuclear Power Plants,'' Section C.III.4.3, ``Combined License Information Items That Cannot Be Resolved Before the Issuance of a License,'' and replaces the related guidance in NUREG-0080, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants,'' Chapter 16.0, ``Technical Specifications,'' Revision 2, dated March 2007, regarding the content of PTS to support issuing a COL. The NRC staff issues DC/COL-ISGs to facilitate timely implementation of the current staff guidance and to facilitate activities associated with the review of applications for standard design certifications (DCs) and COLs by the Office of New Reactors. The NRC staff will also incorporate the approved DC/COL-ISG-08 into the next revisions of RG 1.206 and the Standard Review Plan 16.0, and any related guidance documents.