Nuclear Regulatory Commission August 2013 – Federal Register Recent Federal Regulation Documents

The U.S. Nuclear Regulatory Commission (NRC) is revising its licensing guidance for reciprocity. The NRC is requesting public comment on draft NUREG-1556, Volume 19, Revision 1, ``Consolidated Guidance about Materials Licenses: Guidance for Agreement State Licensees about NRC Form 241 `Report of Proposed Activities in Non- Agreement States, Areas of Exclusive Federal Jurisdiction, of Offshore Waters' and Guidance for NRC Licensees Proposing to Work in Agreement State Jurisdiction (Reciprocity).'' 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.

The U.S. Nuclear Regulatory Commission (NRC) staff has determined that the inspections, tests, and analyses have been successfully completed, and that the specified acceptance criteria are met for ITAAC E.2.5.04.05.05.02, for the Vogtle Electric Generating Plant, Unit 4.

In 2010, the U.S. Nuclear Regulatory Commission (NRC) staff published a final rule amending its regulations concerning export and import of nuclear equipment and material. Among other things, it added the phrase ``of U.S. origin'' to the first exclusion to the definition of ``radioactive waste'' to confirm that the return of U.S. origin radioactive sources is not classified as the import of radioactive waste. The NRC staff drafted the Branch Technical Position (BTP) on the Import of Non-U.S. Origin Sources to provide additional guidance on the application of this exclusion in the regulations. In developing this BTP, the NRC staff has engaged with States, Low- Level Waste Compacts, industry, and the public by providing two opportunities for public comment via Federal Register Notice and a public meeting in 2012. The exclusion in 10 CFR part 110 reflects the United States' commitments to the policy of safe storage and disposal of disused sources in the international context, including under the Code of Practice on the International Transboundary Movement of Radioactive Waste (Code of Practice), Joint Convention on the Safety of Spent Fuel Management and the Safety of Radioactive Waste Management (Joint Convention), and the International Atomic Energy Agency's (IAEA) Code of Conduct on the Safety and Security of Radioactive Sources (Code of Conductalong with the supplementary Guidance on Import and Export). The United States' commitments include not exporting radioactive waste to other countries for disposal and, in light of the United States' strong domestic regulatory program, allowing return of disused sources manufactured or distributed from the United States in order to prevent sources from being orphaned overseas where regulatory programs may not exist or function to an optimal level.

On May 14, 2013, the U.S. Nuclear Regulatory Commission (NRC) published a request for public comment on the DSRS for the mPower\TM\ design (mPower\TM\ DSRS). The purpose of the mPower\TM\ DSRS is to more fully integrate the use of risk insights into the review of a design certification (DC), an early site permit (ESP) or a combined license (COL) that incorporates the mPower\TM\ design. The public comment period was originally scheduled to close on August 16, 2013. Generation mPower submitted a letter on August 8, 2013 (ADAMS Accession No. ML13224A163), requesting an extension of the public comment period until September 16, 2012, on specific sections of the mPower\TM\ DSRS. The NRC has decided to re-open the public comment period on those specific sections of the mPower\TM\ DSRS to allow more time for members of the public to assemble their comments on those sections.

The U.S. Nuclear Regulatory Commission (NRC) is making available for comment Emergency Preparedness (EP) frequently asked questions (EPFAQs) No. 2013-004, No. 2013-006, and No. 2013-007. These EPFAQs will be used to provide clarification of guidance documents related to the development and maintenance of EP program elements. The NRC is publishing these preliminary results to inform the public and solicit comments.

The U.S. Nuclear Regulatory Commission (NRC) staff acknowledges receipt of the second and final part of a two-part application for a construction permit, submitted by SHINE Medical Technologies, Inc. (SHINE).

By letter dated October 3, 2012, AUC, LLC (AUC) submitted to the U.S. Nuclear Regulatory Commission (NRC) an application for a new source material license. The requested license, or the proposed action, would authorize the construction and operation, and decommissioning of AUC's proposed in-situ uranium recovery (ISR, also known as in-situ leach) facilities, and would require restoration of the aquifer from which the uranium would be extracted. The proposed facility will be located near the town of Wright, Wyoming in Campbell County. The application was accepted for review by NRC on June 18, 2013. A notice of receipt and availability of the license application, including the Environmental Report (ER), and opportunity to request a hearing was published in the Federal Register on August 5, 2013 (78 FR 47427).

The U.S. Nuclear Regulatory Commission (NRC) is giving notice that by petition dated March 18, 2013, as supplemented on April 23, June 28, and July 22, 2013, Timothy Judson, the petitioner, on behalf of Alliance for a Green Economy, Citizens Awareness Network, Vermont Citizens Action Network, Pilgrim Watch, and Beyond Nuclear (hereafter referred to as ``the petitioners'') has requested that the NRC take action with regard to James A. Fitzpatrick Nuclear Power Plant, Vermont Yankee Nuclear Power Station, and Pilgrim Nuclear Power Station. The petitioners' requests are included in the SUPPLEMENTARY INFORMATION section of this document.

The U.S. Nuclear Regulatory Commission (NRC) is rescinding EA- 02-109, ``Issuance of Order for Interim Safeguards and Security Compensatory Measures for the Transportation of Spent Nuclear Fuel [SNF] Greater than 100 Grams,'' dated October 10, 2002, and subsequent similar security orders issued to licensees shipping SNF during the period of October 2003 through December 2010. These orders are collectively referred to as the ``SNF Transportation Orders.'' The SNF Transportation Orders are being rescinded because the NRC published a final rule, ``Physical Protection of Irradiated Fuel in Transit,'' on May 20, 2013, amending its regulations to incorporate the security requirements in the SNF Transportation Orders and lessons learned from implementation of the SNF Transportation Orders.

The U.S. Nuclear Regulatory Commission (NRC) is issuing this notice for use of, and to solicit public comment on the draft Interim Staff Guidance (ISG) COL-ISG-025 ``Interim Staff Guidance on Changes During Construction.'' This ISG provides guidance to the NRC staff on the Preliminary Amendment Request (PAR) review process available to the initial combined license (COL) licensees through a license condition for use as an elective precursor to the license amendment process.

On June 28, 2013, the GPU Nuclear Inc. (GPUN) submitted its Post Shutdown Decommissioning Activity Report (PSDAR) for Three Mile Island, Unit 2 (TMI-2). The PSDAR provides an overview of GPUN's proposed decommissioning activities, schedule, and costs for TMI-2. The NRC is requesting public comments on the PSDAR.

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 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: Part 21 of Title 10 of the Code of Federal Regulations (10 CFR), ``Reporting of Defects and Noncompliance.'' 2. Current OMB approval number: 3150-0035. 3. How often the collection is required: On occasion, as defects and noncompliance are reportable as they occur. 4. Who is required or asked to report: Individual directors and responsible officers of firms constructing, owning, operating, or supplying the basic components of any facility or activity licensed under the Atomic Energy Act of 1954, as amended, or the Energy Reorganization Act of 1974, as amended, to report immediately to the NRC the discovery of defects in basic components or failures to comply that could create a substantial safety hazard. 5. The number of annual respondents: 350. 6. The number of hours needed annually to complete the requirement or request: 34,705 hours (9,420 hours reporting + 25,190 hours recordkeeping + 95 hours third-party disclosure). 7. Abstract: The 10 CFR Part 21 regulation requires each individual, corporation, partnership, commercial grade dedicating entity, or other entity subject to the regulations in this part to adopt appropriate procedures to evaluate deviations and failures to comply to determine whether a defect exists that could result in a substantial safety hazard. Depending upon the outcome of the evaluation, a report of the defect must be submitted to the NRC. Reports submitted under 10 CFR Part 21 are reviewed by the NRC staff to determine whether the reported defects or failures to comply in basic components at the NRC licensed facilities or activities are potentially generic safety problems. These reports have been the basis for the issuance of numerous NRC Generic Communications that have contributed to the improved safety of the nuclear industry. The records required to be maintained in accordance with 10 CFR Part 21 are subject to inspection by the NRC to determine compliance with the subject regulation. Submit, by October 15, 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 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, and Rockville, Maryland 20874. 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- 2013-0162. 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-2013-0162. 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.

The U.S. Nuclear Regulatory Commission (NRC) is granting an exemption to allow a departure from the certification information of Tier 1 of the generic design control document (DCD) and issuing License Amendment No. 7 to Combined Licenses (COL), NPF-93 and NPF-94. The COLs were issued to South Carolina Electric and Gas (SCE&G) and South Carolina Public Service Authority (Santee Cooper) (the licensee), for construction and operation of the Virgil C. Summer Nuclear Station (VCSNS), Units 2 and 3 located in Fairfield County, South Carolina. The amendment changes requested revise the design of the bracing used to support the Turbine Building structure. This request requires changing Tier 1 information found in the Design Description portion of Updated Final Safety Analysis Report (UFSAR) section 3.3, ``Buildings.'' The granting of the exemption allows the changes to Tier 1 information asked for in the amendment. Because the acceptability of the exemption was determined in part by the acceptability of the amendment, the exemption and amendment are being issued concurrently.

The U.S. Nuclear Regulatory Commission (NRC) is announcing the placement of the Georgia Agreement State Program (Georgia Program) for the regulation of certain Atomic Energy Act materials on probation and a further increase in the NRC oversight of the Georgia Program, including overseeing implementation of a ``Program Improvement Plan'' developed by the staff of the Georgia Program. Once the Georgia Program has met the commitments made in the ``Program Improvement Plan,'' and has demonstrated significant and sustainable improvements, the probationary status could be lifted. There will be further announcements of such action.

The U.S. Nuclear Regulatory Commission (NRC) is soliciting public comment on a proposed revision 4 to Section 3.5.1.4, ``Missiles Generated by Extreme Winds,'' of NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.'' This revision incorporates guidance and recommendations from Regulatory Guide (RG) 1.221, ``Design-Basis Hurricane and Hurricane Missiles for Nuclear Power Plants,'' and Interim Staff Guidance DC/COL- ISG-024, ``Implementation of Regulatory Guide 1.221 on Design-Basis Hurricane and Hurricane Missiles.'' In addition, this revision provides clarification on areas of review and acceptance criteria for assessment of design-basis missiles generated by extreme winds. The revision also incorporates guidance on regulatory treatment of nonsafety systems.

The U.S. Nuclear Regulatory Commission (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 April 16, 2013 (78 FR 22561). 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: NRC Form 136, ``Security Termination Statement.'' NRC Form 237, ``Request for Access Authorization.'' NRC Form 277, ``Request for Visit or Access Authorization.'' 3. Current OMB approval number: 3150-0049, NRC Form 136. 3150-0050, NRC Form 237. 3150-0051, NRC Form 277. 4. The form number if applicable: NRC Forms 136, 237, and 277. 5. How often the collection is required: On occasion. 6. Who will be required or asked to report: NRC Form 136: NRC employees, licensees and contractors. NRC Form 237: NRC contractors, subcontractors, licensee employees, employees of other government agencies, and other individuals who are not NRC employees. NRC Form 277: Any employees of approximately 78 licensees and 7 contractors who hold an NRC access authorization and need to make a visit to NRC, other contractor/licensees or government agencies in which access to classified information will be involved or unescorted area access is desired. 7. An estimate of the number of annual responses: NRC Form 136: 300. NRC Form 237: 770. NRC Form 277: 60. 8. The estimated number of annual respondents: NRC Form 136: 300. NRC Form 237: 770. NRC Form 277: 60. 9. An estimate of the total number of hours needed annually to complete the requirement or request: NRC Form 136: 50. NRC Form 237: 154. NRC Form 277: 10. 10. Abstract: The NRC Form 136 is completed by licensees and contractors that are leaving the NRC to acknowledge and accept their continuing security responsibilities. The NRC Form 237 is completed by NRC contractors, subcontractors, licensee employees, employees of other government agencies, and other individuals who are not NRC employees who require an NRC access authorization. The NRC Form 277 is completed by NRC contractors and licensees who have been granted an NRC access authorization and require verification of that access authorization and a need-to-know due to (1) A visit to the NRC, (2) a visit to other contractors/licensees or government agencies in which access to classified information will be involved, or (3) unescorted area access is desired. The public may examine and have copied for fee publicly available documents, including the final 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 and questions should be directed to the OMB reviewer listed below by September 9, 2013. 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.

The U.S. Nuclear Regulatory Commission (NRC) is providing notice that the NRC staff will conduct a meeting to discuss and accept public comments on the Humboldt Bay Power Plant (HBPP), Unit 3 License Termination Plan (LTP) on Tuesday, August 20, 2013, at 6:00 p.m. in the Great Room at the Warfinger Building, Eureka Public Marina, 1 Marina Way, Eureka, California. The HBPP is located about four miles southwest of the city of Eureka, Humboldt County, California and consists of 143 acres of land. Unit 3, which is the NRC licensed reactor, is currently being decommissioned with the spent fuel now stored in the onsite Independent Spent Fuel Storage Installation. Unit 3 decommissioning commenced in May 2009. Following the start of a new power generation facility in 2010, the licensee commenced with the permanent shutdown of the fossil Units 1 and 2. Units 1 and 2 are being decommissioned in conjunction with Unit 3 decommissioning. In accordance with the NRC regulations at Sec. 50.82(a)(9) of Title 10 of the Code of Federal Regulations (10 CFR), all power reactor licensees must submit an application for termination of their license. The application for termination of license must be accompanied or preceded by an LTP to be submitted for NRC approval. Pacific Gas and Electric submitted the proposed LTP for HBPP with a license amendment application dated May 3, 2013. The LTP would be approved by license amendment if found acceptable by the NRC staff. The amendment would be subject to such conditions and limitations as the NRC staff deems appropriate and necessary. In accordance with 10 CFR 20.1405 and 10 CFR 50.82(a)(9)(iii), the NRC is providing notice to individuals in the vicinity of the site that the NRC: (1) Is in receipt of the HBPP LTP; (2) will hold a public meeting: and (3) will accept comments from affected parties. The HBPP LTP is available for public viewing at the NRC's Public Document Room (PDR) or electronically through the NRC Agencywide Documents Access and Management System (ADAMS) at accession numbers ML131300009 and ML131300160. Documents may be examined, and/or copied for a fee, at the PDR, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the ADAMS Public Library component on the NRC Web site, https://www.nrc.gov. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, or 301-415-4737, or by email at pdr@nrc.gov. Any meeting updates or changes will be made available on the NRC's Public Meeting Schedule Web site at https://www.nrc.gov/public-involve/ public-meetings/.