Nuclear Regulatory Commission 2019 – Federal Register Recent Federal Regulation Documents

Pursuant to 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 amendments issued, or proposed to be issued, from December 3, 2019, to December 16, 2019. This notice also incorporates the revised biweekly format as noticed in the Federal Register on December 3, 2019. The last biweekly notice was published on December 17, 2019.

Pursuant to the Privacy Act of 1974 and Office of Management and Budget (OMB) Circular No. A-108, notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC), proposes to modify 28 and rescind 9 of its system of records notices. The proposed modifications would include incorporating, for the convenience of readers, the full text of routine uses previously described in a Prefatory Statement of General Routine Uses directly into each individual system notice to which they apply, incorporating system-breach notification routine uses into each system notice in accordance with OMB Memorandum M-17-12, narrowing the scope of one system notice to eliminate, in accordance with OMB Circular A-108, the partial duplication of a government-wide system of records notice, and eliminating a redundant routine use from one system notice. Of the proposed rescindments of system notices, six would eliminate, in accordance with OMB Circular A-108, notices that duplicate government-wide system of records notices, and three would eliminate notices that are no longer necessary because the records they cover do not qualify as Privacy Act records. Additional details are provided in the SUPPLEMENTARY INFORMATION section of this document.

The U.S. Nuclear Regulatory Commission (NRC) has recently submitted a request for renewal of an existing collection of information to the Office of Management and Budget (OMB) for review. The information collection is entitled, ``NRC Form 327, Special Nuclear Material and Source Material Physical Inventory Summary Reports, and NUREG/BR-0096, Instructions and Guidance for Completing Physical Inventory Summary Reports.''

We are publishing our semiannual regulatory agenda (the Agenda) in accordance with Public Law 96-354, ``The Regulatory Flexibility Act,'' and Executive Order 12866, ``Regulatory Planning and Review.'' This Agenda issuance also contains our annual regulatory plan, which contains information on some of the more important regulatory actions that we are considering issuing in proposed or final form during Fiscal Year 2019. NRC's complete Agenda, available on the Office of Management and Budget's website at https://www.reginfo.gov, is a compilation of all rulemaking activities on which we have recently completed action or have proposed or are considering action. We have completed 6 rulemaking activities since publication of our last Agenda on June 24, 2019 (84 FR 29780). This issuance of our Agenda contains 28 active and 22 long-term rulemaking activities: 2 are Economically Significant; 16 represent Other Significant agency priorities; 28 are Substantive, Nonsignificant rulemaking activities; and 4 are Administrative rulemaking activities. In addition, 3 rulemaking activities impact small entities; the entries for these activities are printed in this document. We are requesting comment on the rulemaking activities as identified in this Agenda.

The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 1 to Regulatory Guide (RG) 5.81, ``Target set Identification and Development for Nuclear Power Plants,'' as a final RG. RG 5.81 provides guidance the NRC considers acceptable for applicant or licensee analysis, development, documentation, and reevaluation of target set elements and target sets, including preventive operator actions that may be credited to prevent core damage (e.g., non- localized fuel melting, and/or core destruction) or loss of spent fuel coolant and exposure of spent fuel. This revision of the guide (Revision 1) clarifies issues that have been identified through interactions with stakeholders and inspection activities since the original publication of the guide.

The U.S. Nuclear Regulatory Commission (NRC), concurrently with the Federal Emergency Management Agency (FEMA), is issuing final guidance document entitled, ``Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants; Rev. 2'' (NUREG-0654/FEMA-REP-1, Rev. 2).

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. 167 for Unit 3 and No. 165 for Unit 4 to Combined Licenses (COLs), NPF-91 and NPF-92. The COLs were issued to Southern Nuclear Operating Company, Inc., Georgia Power Company, Oglethorpe Power Corporation, MEAG Power SPVM, LLC, MEAG Power SPVJ, LLC, MEAG Power SPVP, LLC, and the City of Dalton, Georgia (collectively SNC); for construction and operation of the Vogtle Electric Generating Plant (VEGP) Units 3 and 4, located in Burke County, Georgia. 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 correcting a final rule that appeared in the Federal Register on November 29, 2019, and was corrected on December 5, 2019. The document amended the NRC's regulations to reflect internal organizational changes and make conforming amendments, including removing all references to the Office of New Reactors because that office has merged with the Office of Nuclear Reactor Regulation, changing the names of divisions that are affected by the reorganization of the Office of Nuclear Material Safety and Safeguards, and making conforming amendments throughout the regulations to reflect the office merger and the office reorganization.

The U.S. Nuclear Regulatory Commission (NRC) has received a license amendment application from Northern States Power Company (NSPM) for an amendment to Materials License No. SNM-2506 for the Prairie Island Independent Spent Fuel Storage Installation (PI ISFSI) located in Welch, Minnesota. The amendment would increase the maximum amount of spent fuel that may be possessed and stored at the PI ISFSI, and approve the construction of an additional concrete pad within the confines of the existing facility.

The U.S. Nuclear Regulatory Commission (NRC) is correcting a notice that was published in the Federal Register on December 9, 2019 that extends the comment period on the exploratory process to determine whether to proceed with the development of generic environmental impact statement for the construction and operation of advanced nuclear reactors (ANR GEIS). This action is necessary to correct the public comment period due date from January 24, 2019 to January 24, 2020.

The U.S. Nuclear Regulatory Commission (NRC) has recently submitted a request for renewal of an existing collection of information to the Office of Management and Budget (OMB) for review. 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.''

The U.S. Nuclear Regulatory Commission (NRC) is correcting a rule that was published in the Federal Register on November 18, 2019, regarding miscellaneous corrections to NRC regulations. The action is necessary to insert language that was inadvertently omitted from the regulatory text.

The U.S. Nuclear Regulatory Commission (NRC) has issued Subsequent Renewed Facility Operating License Nos. DPR-31 and DPR-41 to Florida Power & Light Company (FPL or licensee), operator of the Turkey Point Nuclear Generating Unit Nos. 3 and 4 (Turkey Point). The NRC has prepared a record of decision (ROD) that supports the NRC's decision to issue Subsequent Renewed Facility Operating License Nos. DPR-31 and DPR-41.

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, ``Suspicious Activity Reporting Using the Protected Web Server.''

The U.S. Nuclear Regulatory Commission (NRC) is issuing the Order approving the application filed by FirstEnergy Nuclear Operating Company (FENOC), acting on behalf of itself and FirstEnergy Nuclear Generation, LLC (FENGen), (together, the Applicants) on April 26, 2019, as supplemented. The application seeks an NRC order consenting to the direct and indirect transfer of licenses for Beaver Valley Power Station, Unit Nos. 1 and 2; Davis-Besse Nuclear Power Station, Unit No. 1; and Perry Nuclear Power PIant, Unit No. 1, and their respective generally licensed independent spent fuel storage installations (ISFSIs) (together, the Facilities). Specifically, the Applicants requested a direct transfer of operating authority for the Facilities from FENOC to an as-yet unnamed company, herein identified as OpCo; a direct transfer of ownership of the Facilities from FENGen to an as-yet unnamed company, herein identified as OwnerCo; and an indirect transfer of ownership of the Facilities to an as-yet unnamed parent company, herein identified as New HoldCo (FirstEnergy Corp. is currently the ultimate parent company). The Applicants also requested the NRC's prior written consent and issuance of conforming amendments to the licenses. No physical changes to the Facilities or operational changes were proposed in the application. The Order is effective upon issuance.

The U.S. Nuclear Regulatory Commission (NRC) is issuing a final revision to Section 2.5.3, ``Surface Deformation'' of NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.''

The Nuclear Regulatory Commission (NRC) is notifying the public of its revised format for Biweekly Notices of Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations.

The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to reflect internal organizational changes and make conforming amendments. These changes include removing all references to the Office of New Reactors because that office has merged with the Office of Nuclear Reactor Regulation, changing the names of divisions that are affected by the reorganization of the Office of Nuclear Material Safety and Safeguards, and making conforming amendments throughout the regulations to reflect the office merger and the office reorganization. This document is necessary to inform the public of these non-substantive amendments to the NRC's regulations.

The U.S. Nuclear Regulatory Commission (NRC) is issuing a Confirmatory Order to Southern Nuclear Operating Company (SNC). This action is based on two investigations conducted by the NRC Office of Investigations (OI), that apparent willful violations of NRC's regulations regarding ``Employee Protection,'' occurred. Specifically, two contract employees at Vogtle Units 3 and 4 were terminated from employment in 2016 and 2017, respectively. The NRC determined that these terminations were, in part, because the contract employees engaged in protected activity. An ADR mediation session was held on August 5, 2019, with SNC, and a preliminary settlement agreement was reached. Subsequently, SNC consented to the specific actions listed in section V of the Confirmatory Order and the NRC agrees to no pursue any further enforcement action in connection with this apparent violation. The Confirmatory Order becomes effective upon issuance.

The U.S. Nuclear Regulatory Commission (NRC) issued a renewed license to Portland General Electric (PGE), Eugene Water and Electric Board, and PacifiCorp (together ``licensee'') for Special Nuclear Materials (SNM) License No. SNM-2509 for the receipt, possession, transfer, and storage of spent fuel from the Trojan Nuclear Plant in the Trojan Independent Spent Fuel Storage Installation (ISFSI), located in Columbia County, Oregon on August 9, 2019. On October 23, 2019, the renewed license and technical specifications were corrected to reflect the current amendment and to remove obsolete pages from the technical specifications.

The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking (PRM), PRM-50-109, dated September 25, 2014, submitted by the C-10 Research and Education Foundation (C-10 or the petitioner). The petitioner requests that the NRC amend its regulations to provide improved identification techniques for better protection against concrete degradation due to alkali-silica reaction (ASR) at U.S. nuclear power plants. The petitioner asserts that reliance on visual inspection will not adequately identify ASR, confirm ASR, or provide the current state of ASR damage without petrographic examination. The NRC is denying the petition because existing NRC regulations and NRC oversight activities provide reasonable assurance of adequate protection of public health and safety. Specifically, existing NRC regulations are sufficient to ensure that concrete degradation due to ASR will not result in unacceptable reductions in the structural capacity of safety-related structures at nuclear power plants.

The U.S. Nuclear Regulatory Commission (NRC) is revising its guidance for implementation of physical protection of Category 1 and Category 2 quantities of radioactive material. The NRC is requesting public comments on draft NUREG-2155, Revision 2, ``Implementation Guidance for 10 CFR part 37, `Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material.' '' The document has been updated from NUREG-2155, Revision 1, to include revisions to questions and answers and guidance related to general provisions in the rule, background investigations and access authorization programs, and physical protection requirements during use and in transit.