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

The U.S. Nuclear Regulatory Commission (NRC) is granting exemptions in response to a request from Dominion Energy Kewaunee, Inc. (DEK or the licensee) dated April 4, 2013, as supplemented by letter dated November 6, 2013. The exemptions would permit the use of a portion of the Kewaunee Power Station (KPS) decommissioning trust fund (Trust) for expenses related to irradiated fuel management, and to be able to make such withdrawals from the trust fund without prior notification of the NRC. The NRC has reviewed the KPS Trust, the decommissioning approach and cost estimates in the KPS Post-Shutdown Decommissioning Activities Report (PSDAR), and the KPS updated Irradiated Fuel Management Plan and determined that, at this time, there is sufficient financial resources in the trust for both irradiated fuel management and to complete decommissioning activities.

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 December 5, 2013. 1. Type of submission, new, revision, or extension: New. 2. The title of the information collection: NRC Nuclear Education Grantee Survey. 3. Current OMB approval number: 3150-XXXX. 4. The form number if applicable: Not applicable. 5. How often the collection is required: Once every 5 years. 6. Who will be required or asked to report: NRC Grantees. 7. An estimate of the number of annual responses: 60. 8. The estimated number of annual respondents: 60. 9. An estimate of the total number of hours needed annually to complete the requirement or request: 45 hours. 10. Abstract: The NRC seeks to conduct a survey of grantees funded between 2007 and 2011, under NRC's Nuclear Education Grants. The survey will allow the NRC to collect information that is not otherwise available from all grantees to assess the impact of these funds on grantee programs, their faculty, and their students. 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 June 27, 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.

The U.S. Nuclear Regulatory Commission (NRC) has issued a general license to the Exelon Generation Company, LLC, authorizing the operation of the Clinton Power Station Independent Spent Fuel Storage Installation (ISFSI), in accordance with its regulations. The Order is being issued to Exelon because Exelon has identified near term plans to store spent fuel in an ISFSI under the general license provisions of the NRC's regulations.

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 April 31, 2014 to May 14, 2014. The last biweekly notice was published on May 13, 2014.

The U.S. Nuclear Regulatory Commission (NRC) has granted the request of Virginia Electric and Power Company (the licensee) to withdraw its September 10, 2013, application for proposed amendment to Facility Operating License No. NPF-7 for the North Anna Power Station, Unit 2, located in Mineral, Virginia.

The U.S. Nuclear Regulatory Commission (NRC) is issuing an order prohibiting Richard Brian Smith's involvement in any NRC-licensed activities for a period of five years. This Order is based on Richard Brian Smith having twice tested positive for an illegal substance during random fitness-for-duty (FFD) tests while holding an NRC operator's license at the Grand Gulf Nuclear Station and the results of an NRC investigation.

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 450, ``General Assignment.'' 2. Current OMB approval number: 3150-0114. 3. How often the collection is required: Once during the contract closeout process. 4. Who is required or asked to report: Contractors. 5. The number of annual respondents: 15. 6. The number of hours needed annually to complete the requirement or request: 30. 7. Abstract: During the contract closeout process for cost- reimbursement and time-and-materials type contracts, the NRC requires the contractor to execute NRC Form 450, General Assignment. Execution of this form grants to the government all rights, title, and interest to refunds arising out of the contractor performance. Submit, by July 21, 2014, comments that address the followings 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 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 submitted in writing or in electronic form will be made available for public inspection. Since 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-2014-0079. You may submit your comments by any of the following methods: Electronic comments go to https:// www.regualtions.gov and search for Docket No. NRC-2014-0079. Mail comments to the Acting NRC Clearance Officer, Fajr Majeed (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, Fajr Majeed (T-5 F50), U.S. Nuclear Regulatory Commission Washington, DC 20555-0001; telephone: 301-415-6736, or by email to INFOCOLLECTS.Resource@NRC.GOV.

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 February 25, 2014. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: DOE/NRC Form 742, ``Material Balance Report,'' and DOE/NRC Form 742C, ``Physical Inventory Listing,'' and NUREG/BR-0007, ``Instructions for the Preparation and Distribution of Material Status Reports.'' 3. Current OMB approval number:

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 241, ``Report of Proposed Activities in Non-Agreement States, Areas of Exclusive Federal Jurisdiction, or Offshore Waters.'' 2. Current OMB approval number: 3150-0013. 3. How often the collection is required: NRC Form 241 must be submitted each time an Agreement State licensee wants to engage in or revise its activities involving the use of radioactive byproduct material in a non-Agreement State, areas of exclusive Federal jurisdiction, or offshore waters. The NRC may waive the requirements for filing additional copies of NRC Form 241 during the remainder of the calendar year following receipt of the initial form. 4. Who is required or asked to report: Any licensee who holds a specific license from an Agreement State and wants to conduct the same activity in non-Agreement States, areas of exclusive Federal jurisdiction, or offshore waters under the general license in Section 150.20 of Title 10 of the Code of Federal Regulations (10 CFR). 5. The number of annual respondents: 153 respondents. 6. The number of hours needed annually to complete the requirement or request: 293.25 hours (76.5 hours for initial submission + 201.25 hours for changes + 15.5 hours for clarifications) 7. Abstract: Any Agreement State licensee who engages in the use of radioactive material in non-Agreement States, areas of exclusive Federal jurisdiction, or offshore waters, under the general license in 10 CFR 150.20, is required to file, with the NRC Regional Administrator for the Region in which the Agreement State that issues the license is located, a copy of NRC Form 241 (``Report of Proposed Activities in Non-Agreement States, Areas of Exclusive Federal Jurisdiction, or Offshore Waters''), a copy of its Agreement State specific license, and the appropriate fee as prescribed in 10 CFR 170.31 at least 3 days before engaging in such activity. This mandatory notification permits the NRC to schedule inspections of the activities to determine whether the activities are being conducted in accordance with requirements for protection of the public health and safety.

The U.S. Nuclear Regulatory Commission (NRC) has issued a director's decision with regard to a petition dated July 27, 2011, filed by Mr. Geoff Fettus, Senior Project Attorney for the Natural Resources Defense Council (the petitioner), requesting that the NRC take action with regard to all operating reactor licensees. The petitioner's requests, the director's decision, the letter to the petitioner, and the letter to the licensees (which includes a listing of all operating reactor licensees affected by this proposed director's decision) are discussed in the SUPPLEMENTARY INFORMATION section of this document.

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 April 17, 2014 to April 30, 2014. The last biweekly notice was published on April 29, 2014.

The U.S. Nuclear Regulatory Commission (NRC) has received an application, from DTE Electric Company, dated April 24, 2014, filed pursuant to the Atomic Energy Act of 1954, as amended, and the NRC's regulations, to renew the operating license for Fermi 2.

The U.S. Nuclear Regulatory Commission (NRC) is issuing a confirmatory order to Tennessee Valley Authority (TVA or Licensee), the holder of License Nos. DPR-33, DPR-52, DPR-68, authorizing the operation of Browns Ferry Nuclear Plant, Units 1, 2, and 3. The facility is located on the Licensee's site in Athens, Alabama. The order was a result of Alternative Dispute Resolution between the NRC and TVA, and required TVA to complete a number of corrective actions to address the submittal of information to the NRC that was not complete and accurate in all material respects, and to address TVA's change to a license condition without submitting an amendment request. The order is related to control room staffing levels that were not sufficient to implement certain fire response procedures and achieve safe shutdown on the three-unit site during a postulated fire event.

The U.S. Nuclear Regulatory Commission (NRC) is issuing final revisions to the following sections in Chapter 3 of NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,'' Section 3.9.3, ``ASME Code Class 1, 2, and 3 Components and Component Supports, and Core Support Structures,'' and Section 3.12, ``ASME Code Class 1, 2, and 3 Piping Systems, Piping Components and their Associated Supports.''

On April 4, 2014, the U.S. Nuclear Regulatory Commission (NRC) published a request for public comment on a draft regulatory issue summary (RIS) that restates regulatory requirements and staff positions on protection from tornado missiles. The public comment period was originally scheduled to close on June 3, 2014. The NRC has decided to extend the public comment period on this document to allow more time for members of the public to develop and submit their comments.

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 27, 2014. 1. Type of submission, new, revision, or extension: New. 2. The title of the information collection: Evaluation of Outreach Efforts Related to the NRC's Safety Culture Policy Statement. 3. Current OMB approval number: 3150-XXXX. 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: Respondents asked to voluntarily participate in this information collection activity will include licensees of the NRC's Office of Federal and State Materials and Environment Management Programs, fuel cycle, transportation and storage, and greater than critical mass licensees overseen by the NRC's Office of Nuclear Materials Safety and Safeguards, and materials licensees of the following Agreement States that have expressed interest in participating: Illinois, Minnesota, North Carolina, Ohio, Rhode Island, Virginia, Washington, and Wisconsin. 7. An estimate of the number of annual responses: 6,158 licensees of the NRC and participating Agreement States will be invited to participate in this one-time, voluntary information collection activity. One response per licensee will be requested. The staff anticipates a response rate of 50 percent; therefore, the expected number of responses is 3,079. Because the survey will only be administered once during the three year clearance period, the annualized number of responses is 1,026.3 responses. 8. The estimated number of annual respondents: The annualized number of estimated respondents is the same as the estimated number of responses, 1,026.3 respondents. 9. An estimate of the total number of hours needed annually to complete the requirement or request: The survey is estimated to take no more than 20 minutes (0.33 hours) per respondent. The total annualized burden is estimated to be 338.7 hours. 10. Abstract: In June 2011, the NRC issued its Safety Culture Policy Statement, which describes the Commission's expectation that the NRC's regulated community maintain a positive safety culture. The NRC continues to seek ways to engage with stakeholders, licensees, members of the public, and the international community to provide outreach and education on the Safety Culture Policy Statement. The purpose of the current information collection activity is to gather feedback on whether NRC's outreach and communication activities have been effective in promoting awareness of the Safety Culture Policy Statement, and to determine if changes to current activities and/or new activities are necessary and appropriate. To support this evaluation, the NRC staff plans to conduct a voluntary survey of its materials regulated community, specifically materials users, organizations involved in the fuel cycle, and storage and transportation of nuclear materials. The NRC staff has also invited Agreement States (i.e., States that have signed formal agreements with the NRC to assume regulatory responsibility over certain byproduct and source nuclear materials, as well as small quantities of special nuclear materials) to participate by voluntarily administering the survey to materials users they regulate, and eight states have agreed to participate. The NRC has determined that a standardized voluntary survey is the most practical means of gathering feedback on its outreach and communications regarding the Safety Culture Policy Statement. Using a survey approach for the evaluation allows for input to be solicited from a wide range of licensees in an efficient and consistent manner. The public may examine and have copies for a fee of 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 June 6, 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.

The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of nine amendment requests. The amendment requests are for Brunswick Steam Electric Plant, Units 1 and 2; Crystal River Unit 3 Nuclear Generating Plant; Shearon Harris Nuclear Power Plant, Unit 1; H. B. Robinson Steam Electric Plant, Unit 2; Indian Point Nuclear Generating Units 1, 2, and 3; James A. FitzPatrick Nuclear Power Plant (two separate amendment requests); Oyster Creek Nuclear Generating Station; and Browns Ferry Nuclear Plant, Unit 1. For each amendment request, the NRC proposes to determine that they involve no significant hazards consideration. In addition, each amendment request contains sensitive unclassified non-safeguards information (SUNSI) and/ or safeguards information (SGI).

The U.S. Nuclear Regulatory Commission (NRC) is soliciting public comment on draft NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,'' Section 13.7.2, ``Fitness for DutyConstruction.'' The NRC seeks comments on the proposed new section of the Standard Review Plan (SRP), concerning implementation of a Fitness-for-Duty (FFD) program during construction. The current SRP does not contain guidance on the review of an applicant's proposed construction FFD program.

The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft NUREG-1022, Revision 3, Supplement 1, ``Event Reporting Guidelines: 10 CFR 50.72(b)(3)(xiii).'' In draft NUREG-1022, Revision 3, Supplement 1, the NRC proposes to endorse Nuclear Energy Institute (NEI) 13-01, ``Reportable Action Levels for Loss of Emergency Preparedness Capabilities,'' dated October 2013. NEI 13-01 provides specific guidance for reporting to the NRC any event that results in a major loss of emergency assessment capability, offsite response capability, or offsite communications capability.

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. 11 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 requests changes that modify the Chemical and Volume Control System (CVS), including changes to information located in Tier 1 Tables 2.3.2-1 and 2.3.2-2, and Tier 1 Figures 2.2.1-1 and 2.3.2-1. The granting of the exemption allows the changes to Tier 1 information as specified in the license amendment request (LAR). 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 considering issuance of exemptions in response to an April 4, 2013, request from Dominion Energy Kewaunee (DEK, the licensee). One exemption would permit the licensee to use a portion of the funds from the Kewaunee Power Station (KPS) decommissioning trust fund (Trust) for irradiated fuel management activities. Another exemption would allow the licensee to make the withdrawals from the Trust for irradiated fuel management activities without prior notification to the NRC. The NRC staff is issuing an Environmental Assessment and Finding of No Significant Impact associated with the proposed exemptions.