Nuclear Regulatory Commission March 2013 – Federal Register Recent Federal Regulation Documents
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Supplemental Environmental Impact Statement for the Ross In-Situ Uranium Recovery Project in Crook County, Wyoming
By letter dated January 4, 2011, Strata Energy, Inc., (Strata) submitted an application to the U.S. Nuclear Regulatory Commission (NRC) for a new source materials license for the proposed Ross In-Situ Uranium Recovery (ISR) Project (Ross Project) proposed to be located in Crook County, Wyoming. The NRC is issuing for public comment a Draft Supplemental Environmental Impact Statement (Draft SEIS) for the Ross Project. The Draft SEIS is Supplement 5 to NUREG-1910, ``Generic Environmental Impact Statement for In-Situ Leach Uranium Milling Facilities.''
Shielding and Radiation Protection Review Effort and Licensing Conditions for Dry Storage Applications
The U.S. Nuclear Regulatory Commission (NRC) requests public comment on Draft Spent Fuel Storage and Transportation Interim Staff Guidance No. 26A (SFST-ISG-26A), Revision 0, ``Shielding and Radiation Protection Review Effort and Licensing Conditions for 10 CFR Part 72 Applications.''
Draft Program-Specific Guidance About Fixed Gauge Licenses
The U.S. Nuclear Regulatory Commission (NRC) is revising its licensing guidance for fixed gauge licenses. The NRC is requesting public comment on draft NUREG-1556, Volume 4, Revision 1, ``Consolidated Guidance About Materials Licenses: Program-Specific Guidance About Fixed Gauge Licenses.'' The document has been updated from the previous revision to include safety culture, security of radioactive materials, protection of sensitive information, and changes in regulatory policies and practices. This document is intended for use by applicants, licensees, and the NRC staff and will also be available to Agreement States.
Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations; Correction
The U.S. Nuclear Regulatory Commission (NRC) is correcting a notice that was published in the Federal Register (FR) on February 5, 2013 (78 FR 8195), regarding the applications and amendments to facility operating licenses and combined licenses involving no significant hazards considerations. This action is necessary to correct an erroneous date.
Notice of Issuance of Materials License Renewal, Operating License SUA-1341, Uranium One USA, Inc., Willow Creek Uranium In Situ Recovery Project
The U.S. Nuclear Regulatory Commission (NRC) is providing notice of issuance of a license renewal for Materials License No. SUA- 1341 to Uranium One USA, Inc. (Uranium One) for its Willow Creek Uranium In Situ Recovery (ISR) Project in Johnson and Campbell Counties, Wyoming.
Entergy Nuclear Operations, Inc.; Entergy Operations, Inc.; Biweekly Notice; Notice of Issuance of Amendment to Facility Operating License; Correction
The original ``Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing'' was published in the Federal Register on March 20, 2012 (77 FR 16274) and included Big Rock Plant. This notice corrects a notice appearing in the Federal Register on January 22, 2013 (78 FR 4475-4476), to include a missing facility operating license number and a missing amendment number. This action is necessary to include the license and amendment number for which the license amendment was issued.
URENCO USA (Formerly Louisiana Energy Services, L.P.) License Amendment Request: Notice of Opportunity To Request a Hearing and to Petition for Leave to Intervene, and Commission Order Imposing Procedures for Document Access
In November 2012, URENCO USA submitted to the U.S. Nuclear Regulatory Commission (NRC) a license amendment request. The existing license (No. SNM-2010) authorizes operation of a uranium enrichment facility in New Mexico. The facility produces enriched uranium up to a maximum of 5.0 percent U-235, using a gas centrifuge process. If granted, the license amendment would authorize increased annual production capability from the present 3 million separative work units (SWU) to 10 million SWU.
In the Matter of Luminant Generation Company LLC, Comanche Peak Nuclear Power Plant, Units 1 and 2; Order Approving the Proposed Internal Restructuring and Indirect Transfer of License; Correction
The U.S. Nuclear Regulatory Commission is correcting a notice that was published in the Federal Register (FR) on March 5, 2013 (78 FR 14361), regarding the order approving the proposed internal restructuring and indirect transfer of license. This action is necessary to correct the date of a safety evaluation that was incorrectly referenced in Section II of this notice. The safety evaluation date was corrected by letter dated February 25, 2013, which is available in the Agencywide Documents Access and Management System (ADAMS) at Accession No. ML13056A266.
Physical Protection of Byproduct Material
The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to establish security requirements for the use and transport of category 1 and category 2 quantities of radioactive material. The NRC considers these quantities to be risk significant and, therefore, to warrant additional protection. Category 1 and category 2 thresholds are based on the quantities established by the International Atomic Energy Agency (IAEA) in its Code of Conduct on the Safety and Security of Radioactive Sources, which the NRC endorses. The objective of this final rule is to provide reasonable assurance of preventing the theft or diversion of category 1 and category 2 quantities of radioactive material. The regulations also include security requirements for the transportation of irradiated reactor fuel that weighs 100 grams or less in net weight of irradiated fuel. The final rule affects any licensee that possesses an aggregated category 1 or category 2 quantity of radioactive material, any licensee that transports these materials using ground transportation, and any licensee that transports small quantities of irradiated reactor fuel. The rule also considers a petition for rulemaking (PRM-71-13) submitted by the State of Washington that requested that the NRC adopt the use of global positioning satellite tracking as a national requirement for vehicles transporting highly radioactive mobile or portable radioactive devices.
List of Approved Spent Fuel Storage Casks: MAGNASTOR® System
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage regulations by revising the NAC International, Inc., Modular Advanced Generation Nuclear All-purpose Storage (MAGNASTOR[supreg]) Cask System listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 3 to Certificate of Compliance (CoC) No. 1031. Amendment No. 3 includes changes that would revise authorized contents to include: pressurized water reactor (PWR) damaged fuel contained in damaged fuel cans that are placed in a damaged fuel basket assembly; PWR fuel assemblies with nonfuel hardware per the expanded definition in the Amendment No. 3 application; and PWR fuel assemblies with up to five activated stainless steel fuel replacement rods at a maximum burnup/exposure of 32.5 gigawatt days per metric ton of uranium (GWd/MTU). Additionally, Amendment No. 3 would revise paragraph 4.3.1(i) in appendix A of the CoC Technical Specifications (TS), to clarify that the maximum design basis earthquake accelerations of 0.37g in the horizontal direction (without cask sliding) and 0.25g in the vertical direction at the independent spent fuel storage installation pad top surface do not result in cask tip-over. Amendment No. 3 would make additional changes to appendix A, Technical Specifications and Design Features for the MAGNASTOR[supreg] System, and appendix B, Approved Contents for the MAGNASTOR[supreg] System, of the CoC TS.
List of Approved Spent Fuel Storage Casks: MAGNASTOR® System
The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the NAC International, Inc. (NAC) Modular Advanced Generation Nuclear All-purpose Storage (MAGNASTOR[supreg]) System listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 3 to Certificate of Compliance (CoC) No. 1031. Amendment No. 3 revises authorized contents to include: Pressurized water reactor (PWR) damaged fuel contained in damaged fuel (DF) cans that are placed in a damaged fuel basket assembly; PWR fuel assemblies with nonfuel hardware per the expanded definition in the Amendment No. 3 application; and PWR fuel assemblies with up to five activated stainless steel fuel replacement rods at a maximum burnup/exposure of 32.5 gigawatt days per metric ton of uranium (GWd/MTU). Additionally, Amendment No. 3 revises paragraph 4.3.1(i) in appendix A of the CoC Technical Specifications (TS) to clarify that the maximum design basis earthquake accelerations of 0.37g in the horizontal direction (without cask sliding) and 0.25g in the vertical direction at the independent spent fuel storage installation (ISFSI) pad top surface do not result in cask tip-over. Amendment No. 3 also makes additional changes to appendix A, Technical Specifications and Design Features for the MAGNASTOR[supreg] System, and appendix B, Approved Contents for the MAGNASTOR[supreg] System, of the CoC.
Crystal River Unit 3 Nuclear Generating Plant, Application for Amendment to Facility Operating License
The U.S. Nuclear Regulatory Commission (NRC) is granting the request of Florida Power Corporation (the licensee), through its owner Duke Energy, to withdraw its June 15, 2011, (Agencywide Documents Access and Management System (ADAMS) Accession No. ML112070659), application for proposed amendment to Facility Operating License No. DPR-72 for the Crystal River Unit 3 Nuclear Generating Plant (CR-3), located in Florida, Citrus County. The proposed amendment would have revised the facility operating license and the technical specifications to support operation at an increased core thermal power level.
Compendium of Analyses To Investigate Select Level 1 Probabilistic Risk Assessment End-State Definition and Success Criteria Modeling Issues
The U.S. Nuclear Regulatory Commission (NRC) has issued for public comment a document entitled: Compendium of Analyses to Investigate Select Level 1 Probabilistic Risk Assessment End-State Definition and Success Criteria Modeling IssuesDraft Report for Comment.
Proposed Revision to Design of Structures, Components, Equipment and Systems; Correction
This document corrects a notice appearing in the Federal Register on March 1, 2013 (41 FR 13911), that announced the solicitation for comments of the proposed revision in Chapter 3, ``Design of Structures, Components, Equipment, and Systems'' and is soliciting public comment on NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.'' This action is necessary to correct the date of the document. This action also corrects an incorrect Agency Wide Document Management System Accession Number contained in the ``Supplementary Information'' section of the notice.
Maintenance, Testing, and Replacement of Vented Lead-Acid Storage Batteries for Nuclear Power Plants
The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment Draft Regulatory Guide, DG-1269 ``Maintenance, Testing, and Replacement of Vented Lead-Acid Storage Batteries for Nuclear Power Plants.'' The draft guide describes methods that the NRC staff consider acceptable for use in complying with the agency's regulations with regard to the maintenance, testing, and replacement of vented lead-acid storage batteries in nuclear power plants.
Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Consideration; Correction
The U.S. Nuclear Regulatory Commission (NRC) is correcting a notice that was published in the Federal Register on March 4, 2013 (78 FR 14126), regarding the applications and amendments to facility operating licenses and combined licenses involving no significant hazards consideration. This action is necessary to correct a missing NRC Docket ID in the ADDRESSES and SUPPLEMENTARY INFORMATION sections of this document that was inadvertently omitted. In addition, this action makes minor editorial corrections to those sections.
Approval of Direct Transfer of Licenses and Issuance of License Amendment To Effectuate Such Transfers for American Centrifuge Operating, LLC
The U.S. Nuclear Regulatory Commission (NRC) is providing a notice of consent to the direct transfer of licenses and issuance of License Amendment 7 to Materials License No. SNM-7003 for the American Centrifuge Lead Cascade Facility (Lead Cascade), and Amendment 3 to Materials License No. SNM-2011 for the American Centrifuge Plant (ACP). This action authorized the direct transfer of these licenses from USEC Inc. (USEC) to American Centrifuge Operating, LLC (ACO).
License Renewal Application for Sequoyah Nuclear Plant, Units 1 and 2, Tennessee Valley Authority
Tennessee Valley Authority (TVA) has submitted to the U.S. Nuclear Regulatory Commission (NRC) an application for renewal of Facility Operating Licenses DPR-77 and DPR-79 for an additional 20 years of operation at Sequoyah Nuclear Plant, Units 1 and 2 (SQN). Sequoyah Nuclear Plant is located in Soddy-Daisy, Tennessee. The current operating license for Sequoyah Nuclear Plant, Unit 1 expires on September 17, 2020, and Unit 2 expires on September 15, 2021.
Agency Information Collection Activities: Proposed Collection; Comment Request
The U.S. Nuclear Regulatory Commission (NRC) invites public comment about our intention to request the OMB's approval for a new information collection that is summarized below. We are required to publish this notice in the Federal Register under the provisions of the Paperwork Reduction Act of 1995. Information pertaining to the requirement to be submitted: 1. The title of the information collection: Reactor Oversight Process External Survey. 2. Current OMB approval number: 3150-XXXX. 3. How often the collection is required: Once every 2 years. 4. Who is required or asked to report: Members of the public, licensees, and other interested stakeholders. 5. The number of annual respondents: 13. 6. The number of hours needed annually to complete the requirement or request: 13. 7. Abstract: The mission of the NRC is to regulate the nation's civilian use of byproduct, source, and special nuclear materials to ensure adequate protection of public health and safety, to promote the common defense and security, and to protect the environment. One way to support this mission is through the implementation of the Reactor Oversight Process (ROP), which is the agency's program to inspect, measure, and assess the safety performance of commercial nuclear power plants and to respond to any decline in performance. The NRC seeks to achieve continuous improvement of the ROP through the ROP self-assessment process. The CY 2013 and 2015 ROP self- assessments will rely, in part, on direct feedback from external stakeholders. The information collected through the voluntary survey will support this purpose, and a summary of the survey results will be included in the annual ROP self-assessment report to the Commission. Submit, by May 7, 2013, 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? The public may examine and have copied for a fee publicly available documents, including the draft supporting statement, at the NRC's Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The OMB clearance requests are available at the NRC's Web site: https://www.nrc.gov/public-involve/ doc-comment/omb/. The document will be available on the NRC's home page site for 60 days after the signature date of this notice. Comments submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. Comments submitted should reference Docket No. NRC-2013-0018. You may submit your comments by any of the following methods. Electronic comments: Go to https:// www.regulations.gov and search for Docket No. NRC-2013-0018. Mail comments to the NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Questions about the information collection requirements may be directed to the NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301- 415-6258, or by email to INFOCOLLECTS.Resource@NRC.GOV.
Agency Information Collection Activities: Proposed Collection; Comment Request
The U.S. Nuclear Regulatory Commission (NRC) invites public comment about our intention to request the OMB's approval for renewal of an existing information collection that is summarized below. We are required to publish this notice in the Federal Register under the provisions of the Paperwork Reduction Act of 1995. Information pertaining to the requirement to be submitted: 1. The title of the information collection: 10 CFR part 5, ``Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance.'' 2. Current OMB approval number: 3150-0209. 3. How often the collection is required: Part 5 follows provisions covered in 10 CFR part 4, Section 4.331 Compliance Reviews, which indicates that the NRC may conduct compliance reviews and Pre-Award reviews of recipients or use other similar procedures that will permit it to investigate and correct violations of the act and these regulations. The NRC may conduct these reviews even in absence of a complaint against a recipient. The reviews may be as comprehensive as necessary to determine whether a violation of these regulations has occurred. 4. Who is required or asked to report: Recipients of Federal Financial Assistance provided by the NRC (including Educational Institutions, Other Nonprofit Organizations receiving Federal Assistance, and Agreement States. 5. The number of annual respondents: 200. 6. The number of hours needed annually to complete the requirement or request: 3,600 hours (3,000 hrs for reporting (5 hrs per respondent) and 600 hrs for recordkeeping (3 hrs per recordkeeper)). 7. Abstract: The regulations under Part 5 of Title 10 of the Code of Federal Regulations (10 CFR), implements the provisions of Title IX of the Education Amendments of 1972, as amended, (except Sections 904 and 906 of these amendments) (20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688), which is designed to eliminate (with certain exceptions) discrimination on the basis of sex in any education program or activity receiving Federal financial assistance, whether or not such program or activity is offered or sponsored by an educational institution as defined in these Title IX regulations. Submit, by May 7, 2013, 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? The public may examine and have copied for a fee publicly available documents, including the draft supporting statement, at the NRC's Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The OMB clearance requests are available at the NRC's Web site: https://www.nrc.gov/public-involve/ doc-comment/omb/. The document will be available on the NRC's home page site for 60 days after the signature date of this notice. Comments submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. Comments submitted should reference Docket No. NRC- 2013-0013. You may submit your comments by any of the following methods. Electronic comments: Go to https://www.regulations.gov and search for Docket No. NRC-2013-0013. Mail comments to the NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Questions about the information collection requirements may be directed to the NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-6258, or by email to INFOCOLLECTS.Resource@NRC.GOV.
Temporary Scope Expansion of the Post-Investigation Alternative Dispute Resolution Program
The U.S. Nuclear Regulatory Commission (NRC) is expanding the scope of the post-investigation Alternative Dispute Resolution (ADR) Program for a 1-year pilot period. The NRC and its licensees are the parties to this form of ADR. Currently, post-investigation ADR is used in the NRC's Enforcement Program for cases involving discrimination and other wrongdoing after the NRC's Office of Investigations has completed an investigation substantiating the allegation. The pilot ADR Program will expand post-investigation ADR to include all escalated non-willful (traditional) enforcement cases with proposed civil penalties (this will not include violations associated with findings assessed through the Reactor Oversight Process (ROP) \1\).
Revision of Fee Schedules; Fee Recovery for Fiscal Year 2013
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend the licensing, inspection, and annual fees charged to its applicants and licensees. The proposed amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended, which requires the NRC to recover through fees approximately 90 percent of its budget authority in Fiscal Year (FY) 2013, not including amounts appropriated for Waste Incidental to Reprocessing (WIR) and amounts appropriated for generic homeland security activities. The NRC is currently operating under a Continuing Resolution (CR) which is set to expire on March 27, 2013. Based on the FY 2013 budget submitted to the Congress, the NRC is proposing fees in this rulemaking based on the FY 2013 budget which is estimated to be $1,053.2 million. After accounting for billing adjustments, the total amount to be billed as fees is approximately $924.8 million. These fees are subject to change pending congressional action which may include sequestration, full-year CR or issuance of an FY 2013 appropriation which differs from the FY 2013 budget submitted to Congress which could result in higher or lower fees than those proposed in this rulemaking.
Advisory Committee on the Medical Uses of Isotopes: Meeting Notice
NRC will convene a meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) on April 15-16, 2013. A sample of agenda items to be discussed during the public session includes: (1) An update on the status of the Commission Paper on data collection for Patient Release; (2) an update on the proposed interim enforcement policy for Permanent Implant Brachytherapy programs; (3) medical- related events from fiscal year 2012; (4) an update on the 10 CFR Part 35 Rulemaking; (5) a discussion on the draft guidance for the 10 CFR Part 35 Rulemaking; (6) an overview of the NNSA's efforts to minimize the use of highly enriched uranium in molybdenum-99 production; (7) an overview of the 2013 reimbursement policy for non-HEU produced medical isotopes and (8) the Abnormal Occurrence Subcommittee Report. The agenda is subject to change. The current agenda and any updates will be available at https://www.nrc.gov/reading-rm/doc-collections/acmui/agenda or by emailing Ms. Sophie Holiday at the contact information below. Purpose: Discuss issues related to 10 CFR Part 35 Medical Use of Byproduct Material. Date and Time for Closed Session: April 15, 2013, from 8:00 a.m. to 9:30 a.m. This session will be closed for ACMUI training. Date and Time for Open Sessions: April 15, 2013, from 9:30 a.m. to 5:00 p.m. and April 16, 2013, from 8:00 a.m. to 2:30 p.m. Address for Public Meeting: U.S. Nuclear Regulatory Commission, Two White Flint North Building, Room T2-B3, 11545 Rockville Pike, Rockville, Maryland 20852. Public Participation: Any member of the public who wishes to participate in the meeting in person or via phone should contact Ms. Holiday using the information below. The meeting will also be webcast live: video.nrc.gov. Contact Information: Sophie J. Holiday, email: sophie.holiday@nrc.gov, telephone: (301) 415-7865.
Proposed Revision to Design of Structures, Components, Equipment and Systems
The U.S. Nuclear Regulatory Commission (NRC) is revising the following sections in Chapter 3, ``Design of Structures, Components, Equipment, and Systems'' and is soliciting public comment on NUREG- 0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,'' Section 3.7.1, ``Seismic Design Parameters,'' Section 3.7.2, ``Seismic System Analysis,'' Section 3.7.3, ``Seismic Subsystem Analysis,'' Section 3.8.1, ``Concrete Containment,'' Section 3.8.3, ``Concrete And Steel Internal Structures of Steel Or Concrete Containments, ``Section 3.8.4, ``Other Seismic Category I Structures,'' and Section 3.8.5, ``Foundations.''
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