Nuclear Regulatory Commission April 2014 – Federal Register Recent Federal Regulation Documents

On September 18, 2008, the U.S. Nuclear Regulatory Commission (NRC) received an application for a combined license (COL) submitted by Detroit Edison Company. The NRC published a notice of receipt and availability for an application for a COL in the Federal Register on October 17, 2008. In a letter dated December 21, 2012, the Detroit Edison Company notified the NRC that, effective January 1, 2013, the name of the company would be changed to ``DTE Electric Company.'' This notice is being published to make available to the public the application for a COL submitted by DTE Electric Company (formerly the Detroit Edison Company). This is the fourth of four notices related to this action that will be published in the Federal Register (FR). The first notice was published on April 9, 2014, the second notice was published on April 16, 2014, and the third notice was published on April 23, 2014.

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. 18 to Combined Licenses (COL), NPF-91 and NPF-92. The COLs were issued to Southern Nuclear Operating Company (SNC), Georgia Power Company, Oglethorpe Power Corporation, Municipal Electric Authority of Georgia, and City of Dalton, Georgia (the licensee), for construction and operation of the Vogtle Electric Generating Plant (VGEP), Units 3 and 4, located in Burke County, Georgia. The amendment revises the UFSAR by making changes to the Non-Class 1E dc and Uninterruptible Power Supply System (EDS) and Class 1E dc and Uninterruptible Power Supply System (IDS) and making changes to the corresponding Tier 1 information in Appendix C to the Combined Licenses. 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) 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: Grant and Cooperative Agreement Provisions. 2. Current OMB approval number: 3150-0107. 3. How often the collection is required: Technical performance reports are required every 6 months; other information is submitted on occasion, as needed. 4. Who will be required or asked to report: Recipients of NRC Grants and Cooperative Agreements. 5. The estimated number of annual responses: 218. 6. The total number of hours needed annually to complete the requirement or request: 5,081 (4,742 reporting hours plus 339 recordkeeping hours). 7. Abstract: The Acquisition Management Division is responsible for awarding grants and cooperative agreements (financial assistance) for the NRC. The Acquisition Management Division collects information from assistance recipients in accordance with grant and cooperative agreement provisions in order to administer NRC's financial assistance program. The information collected under the provisions ensures that the Government's rights are protected, the agency adheres to public laws, the work proceeds on schedule, and that disputes between the Government and the recipient are settled. Submit, by June 30, 2014, 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-2011-0091. 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-2011-0091. Mail comments to the Acting NRC Clearance Officer, Kristen Benney (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Questions about the information collection requirements may be directed to the Acting NRC Clearance Officer, Kristen Benney (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6355, or by email to INFOCOLLECTS.Resource@NRC.GOV.

The U.S. Nuclear Regulatory Commission (NRC) is revising its licensing guidance for Master Materials Licenses. The NRC is requesting public comment on draft NUREG-1556, Volume 10, Revision 1, ``Consolidated Guidance about Materials Licenses: Program-Specific Guidance about Master Materials 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.

The U.S. Nuclear Regulatory Commission (NRC) is issuing a new draft regulatory guide (DG), DG-7005, ``Standard Format and Content of Transportation Security Plans for Classified Matter Shipments.'' This new guidance describes a method that NRC staff considers acceptable for use in the development of classified matter transportation security plans, which identify the correct measures to protect classified matter while in transport.

On September 18, 2008, the U.S. Nuclear Regulatory Commission (NRC) received an application for a combined license (COL) submitted by Detroit Edison Company. The NRC published a notice of receipt and availability for an application for a COL in the Federal Register on October 17, 2008. In a letter dated December 21, 2012, the Detroit Edison Company notified the NRC that, effective January 1, 2013, the name of the company would be changed to ``DTE Electric Company.'' This notice is being published to make available to the public the application for a COL submitted by DTE Electric Company (formerly the Detroit Edison Company). This is the third of four notices related to this action that will be published in the Federal Register (FR). The first notice was published on April 9, 2014, and the second notice was published on April 16, 2014. This notice also corrects the date of the December 21, 2013, letter in first and second notices.

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: NRC Form 536, ``Operator Licensing Examination Data.'' 2. Current OMB approval number: 3150-0131. 3. How often the collection is required: Annually. 4. Who is required or asked to report: All holders of operating licenses for nuclear power reactors under the provision of Part 50 of Title 10 of the Code of Federal Regulations (10 CFR), ``Domestic Licensing of Production and Utilization Facilities,'' except those that have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel. All holders of, or applicants for, a limited work authorization, early site permit, or combined license issued under 10 CFR Part 52, ``Licenses, Certifications and Approval for Nuclear Power Plants.'' 5. The number of annual respondents: 105. 6. The number of hours needed annually to complete the requirement or request: 105. 7. Abstract: The NRC is requesting renewal of its clearance to annually request all commercial power reactor licensees and applicants for an operating license to voluntarily send to the NRC: (1) Their projected number of candidates for initial operator licensing examinations; (2) the estimated dates of the examinations; (3) if the examinations will be facility developed or NRC developed, and (4) the estimated number of individuals that will participate in the Generic Fundamentals Examination (GFE) for that calendar year. Except for the GFE, this information is used to plan budgets and resources in regard to operator examination scheduling in order to meet the needs of the nuclear power industry. Submit, by June 23, 2014, 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-2014-0078. 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-2014-0078. Mail comments to the Acting NRC Clearance Officer, Kristen Benney (T-5 F50), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Questions about the information collection requirements may be directed to the Acting NRC Clearance Officer, Kristen Benney (T-5 F50), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6355; or by email to INFOCOLLECTS.Resource@NRC.GOV.

On March 24, 2014, the U.S. Nuclear Regulatory Commission (NRC) published for public comment a proposed rule revising the acceptance criteria for the emergency core cooling system (ECCS) for light-water nuclear power reactors. The NRC is also seeking public comment on three draft regulatory guides that would support the implementation of the proposed rule. The public comment period for the proposed rule and associated draft guidance was to have ended on June 9, 2014. The public comment period for information collection aspects of this rule was to have ended on April 23, 2014. Due to requests from members of the public, the NRC has extended the comment periods for the proposed rule, the associated draft guidance, and the information collection aspects until August 21, 2014.

The U.S. Nuclear Regulatory Commission (NRC) has received a petition for rulemaking (PRM) from Diane Curran on behalf of 34 environmental organizations (the petitioner), dated December 20, 2013, as corrected on January 7, 2014. The petitioner requests that the NRC revise and integrate all regulations that relate to the environmental impacts of spent fuel storage and disposal. The NRC is not instituting a public comment period for this PRM at this time.

The U.S. Nuclear Regulatory Commission (NRC) is seeking public comment on draft regulatory issue summary (RIS) 2014-XX. This draft RIS would provide guidance to applicants for, and holders of, nuclear power reactor licenses, construction permits, standard design approvals, and manufacturing licenses, and applicants for standard design certifications, on the scope and detail of information that should be provided in licensing applications regarding reactor vessel fracture toughness and associated pressure-temperature limits.

The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of amendments to Renewed Facility Operating License Nos. DPR- 57 and NPF-5, issued to Southern Nuclear Operating Company (SNC, the licensee), for operation of the Edwin I. Hatch Nuclear Plant (HNP), Units 1 and 2, located in Appling County, Georgia. The proposed amendments would revise the minimum water level for the plant service water system and ultimate heat sink. The NRC staff is issuing a final Environmental Assessment (EA) and final Finding of No Significant Impact (FONSI) associated with the proposed license amendments.

The U.S. Nuclear Regulatory Commission (NRC) has issued a license to Powertech (USA) Inc. (Powertech (USA)) for its Dewey-Burdock Uranium In-Situ Recovery (ISR) Facility in Fall River and Custer Counties, South Dakota. Materials License SUA-1600 authorizes Powertech (USA) to operate its facilities as proposed in its license application, as amended, and to possess uranium source and byproduct material at the Dewey-Burdock Facility. Furthermore, Powertech (USA) will be required to operate under the conditions listed in Materials License SUA-1600. In addition, the NRC staff has published a record of decision (ROD) that supports the NRC's decision to approve Powertech (USA)'s license application for the Dewey-Burdock Facility and to issue the license.

The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Transnuclear, Inc. Standardized Advanced NUHOMS[supreg] Horizontal Modular Storage System (NUHOMS[supreg] Storage System) listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 3 to Certificate of Compliance (CoC) No. 1029. Amendment No. 3 adds a new transportable dry shielded canister (DSC), 32PTH2, to the NUHOMS[supreg] Storage System; and makes editorial corrections.

Pursuant to Section 189a. (2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is publishing this regular biweekly notice. The Act requires the Commission to publish notice of any amendments issued, or proposed to be issued and grants the Commission the authority to issue and make immediately effective any amendment to an operating license or combined license, as applicable, upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person. This biweekly notice includes all notices of amendments issued, or proposed to be issued from March 20, 2014, to April 2, 2014. The last biweekly notice was published on April 1, 2014.

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: Notice of Enforcement Discretion for Operating Power Reactors and Gaseous Diffusion Plants (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: Those licensees that voluntarily request enforcement discretion through the notice of enforcement discretion (NOED) process, and are granted enforcement discretion. 5. The number of annual respondents: 12. 6. The number of hours needed annually to complete the requirement or request: 1492. 7. Abstract: The NRC's Enforcement Policy includes the circumstances in which the NRC may grant an NOED. On occasion, circumstances arise when a power plant licensee's compliance with a Technical Specification (TS) Limiting Condition for Operation or any other license condition would involve an unnecessary plant shutdown. Similarly, for a gaseous diffusion plant, circumstances may arise where compliance with a Technical Safety Requirement (TSR) 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. In these circumstances, a licensee or certificate holder may request that the NRC exercise enforcement discretion, and the NRC staff may choose to not enforce the applicable TS, TSR, or other license or certificate condition. This enforcement discretion is designated as a NOED. A licensee or certificate holder seeking the issuance of an NOED must document the safety basis for the request, including an evaluation of the safety significance and potential consequences of the proposed request, a description of proposed compensatory measures, a justification for the duration of the request, the basis for the licensee's or certificate holder's conclusion that the request does not have a potential adverse impact on the public health and safety, and does not involve adverse consequences to the environment, and any other information the NRC staff deems necessary before making a decision to exercise discretion. In addition, the NRC's Enforcement Policy includes a provision allowing licensees to voluntarily adopt fire protection requirements contained in the National Fire Protection Association Standard 805, ``Performance Based Standard for Fire Protection for Light Water Reactor Electric Generating Plants, 2001 Edition'' (NFPA 805). Licensees who wish to implement the risk-informed process in NFPA 805 must submit a letter of intent to the NRC. Licensees who wish to withdraw from the NFPA 805 risk informed process must submit a letter of retraction. Submit, by June 13, 2014, 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-2014-0083. 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-2014-0083. Mail comments to Acting NRC Clearance Officer, Kristen Benney (T-5 F50), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Questions about the information collection requirements may be directed to the Acting NRC Clearance Officer, Kristen Benney (T-5 F50), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6355, or by email to INFOCOLLECTS.Resource@NRC.GOV.

The U.S. Nuclear Regulatory Commission (NRC) published a document in the Federal Register (FR) on December 26, 2013, which corrected and delayed the effective date of a direct final rule published in the FR on December 6, 2013. The notice corrected several Agencywide Documents Access and Management System (ADAMS) accession numbers and delayed the effective date of the direct final rule from February 19, 2014, to March 11, 2014. The direct final rule amends the NRC's spent fuel storage regulations by revising the Holtec International HI-STORM 100 Cask System listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 9 to Certificate of Compliance (CoC) No. 1014. This action is necessary to provide notification that the NRC is amending its regulations by revising the Holtec HI-STORM 100 Cask System listing within the ``List of Approved Spent Fuel Storage Casks'' to correct the effective date of Amendment No. 9 to CoC No. 1014.

The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking (PRM), dated February 15, 2012, which was filed with the NRC by Michael Mariotte on behalf of the Nuclear Information and Resource Service (NIRS or the petitioner) and 37 co-petitioners. The petitioner requested that the NRC amend its regulations that govern domestic licensing of production and utilization facilities to expand existing emergency planning zones (EPZ) around nuclear power plants, create a new EPZ, and require the incorporation of concurrent natural disasters in the required periodic emergency plan drills. The NRC is denying the petition because the NRC concludes that the current size of the emergency planning zones is appropriate for existing reactors and that emergency plans will provide an adequate level of protection of the public health and safety in the event of an accident at a nuclear power plant. The current EPZs provide for a comprehensive emergency planning framework that would allow expansion of the response efforts beyond the designated distances should events warrant such an expansion.

The U.S. Nuclear Regulatory Commission (NRC) is granting an exemption in response to a May 10, 2013, request from Florida Power & Light Company for an exemption for the use of a different fuel rod cladding material (AREVA M5[supreg]).

The U.S. Nuclear Regulatory Commission (NRC) is withdrawing Regulatory Guide (RG) 3.29, ``Preheat and Interpass Temperature Control for the Welding of Low-Alloy Steel for Use in Fuel Reprocessing Plants and in Plutonium Processing and Fuel Fabrication Plants.'' This guide is being withdrawn because the guidance can be found in RG 1.50, Rev. 1, ``Control of Preheat Temperature for Welding of Low-Alloy Steel.''

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 January 10, 2014. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: 10 CFR Part 63, ``Disposal of High-Level Radioactive Wastes in a Geologic Repository at Yucca Mountain, Nevada.'' 3. Current OMB approval number: 3150-0199. 4. The form number if applicable: Not applicable. 5. How often the collection is required: One time. 6. Who will be required or asked to report: The State of Nevada, local governments, or affected Indian tribes, or their representatives, requesting consultation with the NRC staff regarding review of the potential high-level waste geologic repository site, or wishing to participate in a license application review for the potential geologic repository. 7. An estimate of the number of annual responses: 6. 8. The estimated number of annual respondents: 6. 9. An estimate of the total number of hours needed annually to complete the requirement or request: 726. 10. Abstract: Part 63 of Title 10 of the Code of Federal Regulations (10 CFR), requires the State of Nevada, local governments, or affected Indian tribes to submit certain information to the NRC if they request consultation with the NRC staff concerning the review of the potential repository site, or wish to participate in a license application review for the potential repository. Representatives of the State of Nevada, local governments, or affected Indian tribes must submit a statement of their authority to act in such a representative capacity. The information submitted by the State, local governments, and affected Indian tribes is used by the Director of the Office of Nuclear Material Safety and Safeguards as a basis for decisions about the commitment of the NRC staff resources to the consultation and participation efforts. The public may examine and have copied for a 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 May 9, 2014. 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. Danielle Jones, Desk Officer, Office of Information and Regulatory Affairs (3150-0199), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be emailed to Danielle_Y_Jones@omb.eop.gov or submitted by telephone at 202-395-1741. The Acting NRC Clearance Officer is Kristen Benney, telephone: 301- 415-6355.