Nuclear Regulatory Commission July 2016 – Federal Register Recent Federal Regulation Documents
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Rulemaking Activities Being Discontinued by the NRC
The U.S. Nuclear Regulatory Commission (NRC) is discontinuing eight rulemaking activities. The purpose of this action is to inform members of the public that these rulemaking activities are being discontinued and to provide a brief discussion of the NRC's decision to discontinue them. These rulemaking activities will no longer be reported in the NRC's portion of the Unified Agenda of Regulatory and Deregulatory Actions (the Unified Agenda).
In the Matter of Troy A. Morehead
The U.S. Nuclear Regulatory Commission (NRC) issued a confirmatory order to Troy A. Morehead confirming agreements reached in an Alternative Dispute Resolution mediation session held on June 3, 2016. As part of the agreement, Mr. Morehead has completed and will complete future agreed upon actions within 18 months of the issuance date of the confirmatory order.
In the Matter of Kyle Lynn Dickerson
The U.S. Nuclear Regulatory Commission (NRC) issued a confirmatory order to Kyle Lynn Dickerson confirming agreements reached in an Alternative Dispute Resolution mediation session held on June 3, 2016. As part of the agreement, Mr. Dickerson has completed and will complete future agreed upon actions within 18 months of the issuance date of the confirmatory order.
Virgil C. Summer Nuclear Station, Units 2 and 3; South Carolina Electric & Gas Company; Main Control Room Emergency Habitability System Design Changes
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 is issuing License Amendment No. 49 to Combined Licenses (COLs), NPF-93 and NPF- 94. The COLs were issued to South Carolina Electric & Gas (SCE&G) (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 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.
LaCrosseSolutions, LLC, Dairyland Power Cooperative, La Crosse Boiling Water Reactor
The U.S. Nuclear Regulatory Commission (NRC) is issuing exemptions from several of the record keeping requirements in its regulations in response to a request from LaCrosseSolutions, LLC, and the Dairyland Power Cooperative (collectively, the licensee). Specifically, the licensee requested that the La Crosse Boiling Water Reactor be granted a partial exemption from regulations that require retention of records for certain systems, structures, and components until the termination of the operating license. The NRC is also issuing an exemption from the portion of the regulations that requires certain records for spent fuel in storage to be kept in duplicate for the La Crosse Boiling Water Reactor Independent Spent Fuel Storage Installation.
Southern California Edison Company; San Onofre Nuclear Generating Station, Units 1, 2, and 3
The U.S. Nuclear Regulatory Commission (NRC) is issuing a partial exemption from several of the record keeping requirements in its regulations in response to an August 13, 2015, request from the Southern California Edison Company (the licensee). Specifically, the licensee requested that the San Onofre Nuclear Generating Station, Units 1, 2, and 3, be granted a partial exemption from regulations that require retention of records for certain systems, structures, and components until the termination of the operating license.
Guidance on Making Changes to Emergency Plans for Nuclear Power Reactors
The U.S. Nuclear Regulatory Commission (NRC) is issuing Revison 1 to Regulatory Guide (RG) 1.219, ``Guidance on Making Changes to Emergency Plans for Nuclear Power Reactors.'' This guidance has been updated to clarify how the guidance applies to emergency plan changes at facilities that have certified permanent cessation of operations.
Information Collection: NRC Forms 366, 366A, and 366B, “Licensee Event Report”
The U.S. Nuclear Regulatory Commission (NRC) invites public comment on the renewal of Office of Management and Budget (OMB) approval for an existing collection of information. The information collection is entitled, NRC Forms 366, 366A, and 366B, ``Licensee Event Report.''
Exelon Generation Company, LLC; Braidwood Station, Units 1 and 2
The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of amendments to Renewed Facility Operating License Nos. NPF- 72 and NPF-77 issued to Exelon Generation Company, LLC (Exelon, the licensee) for operation of Braidwood Station, Units 1 and 2 (Braidwood), located in Will County, Illinois. The proposed amendments would revise the maximum allowable technical specification (TS) temperature of the ultimate heat sink (UHS) for the plant. The NRC staff is issuing a final environmental assessment (EA) and finding of no significant impact (FONSI) associated with the proposed license amendments.
Program-Specific Guidance About Possession Licenses for Manufacturing and Distribution
On July 13, 2016, the U.S. Nuclear Regulatory Commission (NRC) solicited comments on draft NUREG-1556, Volume 12, Revision 1, ``Consolidated Guidance About Materials Licenses: Program-Specific Guidance About Possession Licenses for Manufacturing and Distribution.'' The public comment period was originally scheduled to close on August 12, 2016. The NRC has decided to extend the public comment period to allow more time for members of the public to develop and submit their comments.
Virgil C. Summer Nuclear Station, Units 2 and 3; South Carolina Electric & Gas Company; South Carolina Public Service Authority; Increased Concrete Thickness Tolerance for Column Line J-1 and J-2 Walls Above 66′6″
The U.S. Nuclear Regulatory Commission (NRC) is granting an exemption to allow a change to the certification information of Tier 1 of the generic design control document (DCD) and issuing License Amendment No. 47 to Combined Licenses (COL), NPF-93 and NPF-94. The COLs were issued to the South Carolina Electric & Gas Company (SCE&G) and the South Carolina Public Service Authority (together called the licensee) in March 2012, for the construction and operation of the Virgil C. Summer Nuclear Station (VCSNS), Units 2 and 3, located in Fairfield County, South Carolina. The granting of the exemption allows the changes to Tier 1 information requested in the license amendment request. Because the acceptability of the exemption was determined in part by the acceptability of the amendment, the exemption and amendment are being issued concurrently.
Virgil C. Summer Nuclear Station, Units 2 and 3
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 multiple inspections, tests, analyses, and acceptance criteria (ITAAC) for the Virgil C. Summer Nuclear Station (VCSNS), Units 2 and 3.
Information Collection: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
The U.S. Nuclear Regulatory Commission (NRC) invites public comment on the extension of Office of Management and Budget's (OMB) approval for an existing collection of information. The information collection is entitled, ``Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery.''
NRC Enforcement Policy
The U.S. Nuclear Regulatory Commission (NRC) is issuing a revision to its Enforcement Policy (Enforcement Policy or Policy) to reflect the new maximum civil penalty amount the agency can assess for a violation of the Atomic Energy Act of 1954, as amended (AEA), or any regulation or order issued under the AEA. By interim final rule, the NRC changed this amount from $140,000 to $280,469 per violation per day, as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Improvements Act). This action revises the Enforcement Policy so that dollar amounts in the policy correspond to the agency's revised civil penalty amount, and also provides guidance regarding instances where the NRC may exercise discretion in mitigating the amount of a civil penalty.
Reno Creek in Situ Uranium Recovery Project in Campbell County, Wyoming
The U.S. Nuclear Regulatory Commission (NRC) requested public comments on draft Supplement 6 to NUREG-1910, ``Generic Environmental Impact Statement for In Situ Leach Uranium Milling Facilities.'' The public comment period was originally scheduled to close on August 22, 2016. The NRC has decided to extend the public comment period to allow more time for members of the public to develop and submit their comments.
NRC Vision and Strategy for Non-Light Water Reactor Mission Readiness
The U.S. Nuclear Regulatory Commission (NRC) is requesting public comment on a draft document, ``NRC Vision and Strategy: Safely Achieving Effective and Efficient Non-Light Water Reactor Mission Readiness,'' Revision 1. The draft document provides the NRC's vision, mission, strategic goal, and strategic objectives for non-light water reactors (non-LWRs). Supporting strategies and contributing actions necessary to reach the objectives are also described in the draft document. The NRC encourages and welcomes public comments that can help it achieve mission readiness for these types of reactors.
Update to Transcript Correction Procedures
The U.S. Nuclear Regulatory Commission (NRC) is amending its regulation that governs the correction of official transcripts for agency adjudicatory proceedings. The current regulation has not been substantively updated since it was adopted in 1962 and the NRC's internal procedures have evolved since that time to incorporate technological development. The NRC is not soliciting public comment on this change because the change is limited to an agency rule of procedure and practice that does not affect the rights and responsibilities of outside parties.
Guidance for Closure of Activities Related to Recommendation 2.1, Flooding Hazard Reevaluation
The U.S. Nuclear Regulatory Commission (NRC) is issuing the final Japan Lessons-Learned Division Interim Staff Guidance (JLD-ISG), JLD-ISG-2016-01, ``Guidance for Activities Related to Near-Term Task Force Recommendation 2.1, Flooding Hazard Reevaluation; Focused Evaluation and Integrated Assessment.'' The JLD-ISG provides guidance and clarification to assist operating power reactor licensees and holders of construction permits under the NRC's regulations with the performance of the focused evaluations and revised integrated assessments for external flooding.
Information Collection: NRC Form 314, Certificate of Disposition of Materials
The U.S. Nuclear Regulatory Commission (NRC) invites public comment on the extension of Office of Management and Budget's (OMB) approval for an existing collection of information. The information collection is entitled NRC Form 314, ``Certificate of Disposition of Materials.'' The NRC Form 314 is submitted by a materials licensee who wishes to terminate its license. The form provides information needed by the NRC to determine whether the licensee has radioactive materials on hand which must be transferred or otherwise disposed of prior to expiration or termination of the license.
Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations
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 June 21, 2016, to July 1, 2016. The last biweekly notice was published on July 5, 2016 (81 FR 43646).
Board of Regents of the University of California, Irvine Nuclear Reactor Facility
The U.S. Nuclear Regulatory Commission (NRC) issued a renewal of Facility Operating License No. R-116, held by the Board of Regents of the University of California (the licensee) for the continued operation of its University of California, Irvine Nuclear Reactor Facility (UCINRF) for an additional 20 years.
Advisory Committee on the Medical Uses of Isotopes: Meeting Notice
The U.S. Nuclear Regulatory Commission will convene a teleconference meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) on August 10, 2016, to discuss the draft report of the ACMUI Germanium-68/Gallium-68 (Ge-68/Ga-68) Generators Subcommittee. The report will include the subcommittee's comments on the draft Ge-68/ Ga-68 Generators licensing guidance. Meeting information, including a copy of the agenda and handouts, will be available at https:// www.nrc.gov/reading-rm/doc-collections/acmui/meetings/2016.ht ml. The agenda and handouts may also be obtained by contacting Ms. Sophie Holiday using the information below.
Seismic Design Classification for Nuclear Power Plants
The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 5 of Regulatory Guide (RG) 1.29, ``Seismic Design Classification for Nuclear Power Plants.'' This RG describes a method that the staff of the NRC considers acceptable for use in identifying and classifying those features of light-water-reactor (LWR) nuclear power plants that must be designed to withstand the effects of the safe-shutdown earthquake (SSE).
Florida Power & Light Company; St. Lucie Plant, Unit No. 2
The U.S. Nuclear Regulatory Commission (NRC or the Commission) has issued a director's decision with regard to a petition dated March 10, 2014, as supplemented, filed by the Southern Alliance for Clean Energy (SACE, the petitioner), requesting that the NRC take action with regard to St. Lucie Plant, Unit No. 2 (SL-2). The petitioner's requests and the director's decision are included in the SUPPLEMENTARY INFORMATION section of this document.
Duke Energy Progress, Inc.; Shearon Harris Nuclear Power Plant, Unit 1; Surveillance Frequency Control Program
The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Facility Operating License No. NPF-63, issued to Duke Energy Progress, Inc., for operation of the Shearon Harris Nuclear Power Plant, Unit 1. The amendment would revise the Shearon Harris Nuclear Power Plant, Unit 1, Technical Specifications (TSs) by relocating specific surveillance frequencies to a licensee- controlled program with the implementation of Nuclear Energy Institute (NEI) 04-10, ``Risk-Informed Technical Specifications Initiative 5b, Risk-Informed Method for Control of Surveillance Frequencies.'' Additionally, the change would add a new program, the Surveillance Frequency Control Program, to TS Section 6, ``Administrative Controls.'' The amendment application contains sensitive unclassified non-safeguards information (SUNSI).
Variable Annual Fee Structure for Small Modular Reactors; Corrections
The U.S. Nuclear Regulatory Commission (NRC) published a final rule in the Federal Register on May 24, 2016, amending its licensing, inspection, and annual fee regulations to establish a variable annual fee structure for light-water small modular reactors. The final rule contained a grammatical error in a definition, an incorrect reference format, and an incomplete signature date. This document corrects the final rule by revising the sections that contain these errors and completing the signature date.
Program-Specific Guidance About Possession Licenses for Manufacturing and Distribution
The U.S. Nuclear Regulatory Commission (NRC) is revising its licensing guidance for possession licenses for manufacturing and distribution. The NRC is requesting public comment on draft NUREG-1556, Volume 12, Revision 1, ``Consolidated Guidance about Materials Licenses: Program-Specific Guidance about Possession Licenses for Manufacturing and Distribution.'' The document has been updated from the previous revision to include information on 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.
Protection Against Extreme Wind Events and Missiles for Nuclear Power Plants
The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 2 to Regulatory Guide (RG) 1.117, Protection Against Extreme Wind Events and Missiles for Nuclear Power Plants.'' This RG describes an approach that the NRC staff considers acceptable for identifying those structures, systems, and components of light water cooled reactors that should be protected from the effects of the worst case extreme winds and wind-generated missiles, so they remain functional.
Information Collection: Policy Statement for the “Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof By States Through Agreement,” Maintenance of Existing Agreement State Programs, Request for Information Through the Integrated Materials Performance Evaluation Program (IMPEP) Questionnaire, and Agreement State Participation in IMPEP
The U.S. Nuclear Regulatory Commission (NRC) invites public comment on the renewal of Office of Management and Budget (OMB) approval for an existing collection of information. The information collection is entitled, ``Policy Statement for the `Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof By States Through Agreement,' Maintenance of Existing Agreement State Programs, Request for Information Through the Integrated Materials Performance Evaluation Program (IMPEP) Questionnaire, and Agreement State Participation in IMPEP.''
Physical Security Hardware-Inspections, Tests, Analyses, and Acceptance Criteria
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 14.3.12, ``Physical Security HardwareInspections, Tests, Analyses, and Acceptance Criteria.'' The NRC seeks comments on the draft section revision of the standard review plan (SRP) concerning inspections, tests, analyses, and acceptance criteria (ITAAC) related to physical security hardware (PS-ITAAC).
Dedication of Commercial-Grade Items for Use in Nuclear Power Plants
The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft regulatory guide (DG), DG-1292, ``Dedication of Commercial-Grade Items for Use in Nuclear Power Plants.'' This DG proposes new guidance that describes methods that the NRC staff considers acceptable in meeting regulatory requirements for dedication of commercial-grade items used in nuclear power plants.
Completion Date of Cyber Security Plan Implementation Milestone 8; Tennessee Valley Authority; Sequoyah Nuclear Plant, Units 1 and 2
The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of amendments to Facility Operating License Nos. DPR-77 and DPR-79, issued to the Tennessee Valley Authority, for operation of the Sequoyah Nuclear Plant (SQN), Units 1 and 2. The proposed amendments would revise the SQN, Units 1 and 2, Cyber Security Plan (CSP) implementation schedule for Milestone 8 and would revise the associated license condition in the Facility Operating Licenses. The amendment request contains sensitive unclassified non-safeguards information (SUNSI).
Tennessee Valley Authority, Watts Bar Nuclear Plant, Unit 2
The U.S. Nuclear Regulatory Commission (NRC) has granted the request of the Tennessee Valley Authority (the licensee) to withdraw its license amendment application dated December 15, 2015, for a proposed amendment to Facility Operating License No. NPF-96 issued to the licensee for operation of the Watts Bar Nuclear Plant (WBN), Unit 2. The proposed amendment would have revised Technical Specification (TS) 3.6.12, ``Ice Condenser Doors.''
Reno Creek In Situ Uranium Recovery Project in Campbell County, Wyoming
By letter dated October 3, 2012, AUC LLC (AUC) submitted an application to the U.S. Nuclear Regulatory Commission (NRC) for a new source and byproduct materials license for the proposed Reno Creek In Situ Uranium Recovery (ISR) Project (Reno Creek ISR Project) proposed to be located in Campbell County, Wyoming. The NRC is issuing for public comment a Draft Supplemental Environmental Impact Statement (Draft SEIS) for the Reno Creek ISR Project. The Draft SEIS is Supplement 6 to NUREG-1910, ``Generic Environmental Impact Statement for In Situ Leach Uranium Milling Facilities.''
Standard Review Plan for Renewal of Specific Licenses and Certificates of Compliance for Dry Storage of Spent Nuclear Fuel
The U.S. Nuclear Regulatory Commission (NRC) is issuing NUREG- 1927, Revision 1, ``Standard Review Plan for Renewal of Specific Licenses and Certificates of Compliance for Dry Storage of Spent Nuclear Fuel.'' The NUREG provides guidance to the NRC staff for the safety review of renewal applications for specific licenses of independent spent fuel storage installations (ISFSIs) and certificates of compliance of spent fuel dry storage systems.
Consideration of Rulemaking To Address Prompt Remediation of Residual Radioactivity During Operation
The U.S. Nuclear Regulatory Commission (NRC) is seeking additional input from the public, licensees, Agreement States, non- Agreement States, and other stakeholders on the need for potential rulemaking to address prompt remediation of residual radioactivity during the operational phase at licensed material sites and nuclear reactors. The NRC has not initiated a rulemaking, but is gathering information and seeking stakeholder input on this subject for developing a recommendation to the Commission regarding the need for further rulemaking. To aid in this process, the NRC is requesting comments on the issues discussed in Section II, ``Specific Questions,'' in the Supplementary Information section of this document. Additionally, the NRC will hold a public Webinar and host a public meeting to facilitate the public's and other stakeholders' understanding of these issues and the submission of comments.
Duke Energy Carolinas, LLC; McGuire Nuclear Station, Units 1 and 2; Alternative to the Physical Inventory Requirements for Movable In-Core Detectors
The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption for Renewed Facility Operating License Nos. NPF-9 and NPF-17, issued to Duke Energy Carolinas, LLC (the licensee) that would allow an alternative to the physical inventory requirements for movable in-core detectors for the McGuire Nuclear Station, Units 1 and 2 (McGuire), located in Mecklenburg County, North Carolina.
Tennessee Valley Authority Watts Bar Nuclear Plant, Unit 1
The U.S. Nuclear Regulatory Commission (NRC) is considering the issuance of an amendment to Facility Operating License No. NFP-90, issued February 7, 1996, and held by the Tennessee Valley Authority (TVA, the licensee) for the operation of Watts Bar Nuclear Plant (WBN), Unit 1. The proposed amendment would revise Technical Specification (TS) 4.2.1, ``Fuel Assemblies''; TS 3.5.1 ``Accumulators''; Surveillance Requirement (SR) 3.5.1.4; TS 3.5.4, ``Refueling Water Storage Tank''; and SR 3.5.4.3, to increase the maximum number of tritium producing burnable absorber rods (TPBARs) and to delete outdated information related to the tritium production program. The NRC staff is issuing an environmental assessment (EA) and finding of no significant impact (FONSI) associated with the proposed license amendment.
Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations
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 June 7, 2016, to June 20, 2016. The last biweekly notice was published on June 21, 2016.
Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information
The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of four amendment requests. The amendment requests are for the Cooper Nuclear Station (CNS); Duane Arnold Energy Center (DAEC); and Browns Ferry Nuclear Plant (BFN), Units 1, 2, and 3. For each amendment request, the NRC proposes to determine that it involves no significant hazards consideration. In addition, each amendment request contains sensitive unclassified non-safeguards information (SUNSI).
Final Procedures for Conducting Hearings on Conformance With the Acceptance Criteria in Combined Licenses
The U.S. Nuclear Regulatory Commission (NRC) has finalized generic procedures for conducting hearings on whether acceptance criteria in combined licenses are met. These acceptance criteria are part of the inspections, tests, analyses, and acceptance criteria (ITAAC) included in the combined license for a nuclear reactor. Reactor operation may commence only if and after the NRC finds that these acceptance criteria are met. The Commission intends to use the final generic ITAAC hearing procedures (with appropriate modifications) in case-specific orders to govern hearings on conformance with the acceptance criteria.
Adjustment of Civil Penalties for Inflation
The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to adjust the maximum Civil Monetary Penalties (CMPs) it can assess under statutes enforced by the agency. These changes are mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA), as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Improvements Act). The NRC is amending its regulations to adjust the maximum CMP for a violation of the Atomic Energy Act of 1954, as amended (AEA), or any regulation or order issued under the AEA from $140,000 to $280,469 per violation, per day. Additionally, the NRC is amending provisions concerning program fraud civil penalties by adjusting the maximum CMP under the Program Fraud Civil Remedies Act from $7,000 to $10,781 for each false claim or statement.
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