Nuclear Regulatory Commission March 2021 – Federal Register Recent Federal Regulation Documents
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Measurement Standards Used at U.S. Nuclear Power Plants
The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking, submitted by Mr. Michael Taylor (the petitioner), dated December 3, 2018. The petition was docketed by the NRC on March 4, 2019, and was assigned Docket No. PRM-50-118. The petitioner requested that the NRC amend its regulations regarding the measurement standards used at U.S. nuclear power plants. The NRC is denying the petition because the NRC's current regulations and oversight activities provide reasonable assurance of adequate protection of public health and safety.
Unified Agenda of Federal Regulatory and Deregulatory Actions+
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 2021. The NRC's complete Agenda, available on the Office of Management and Budget's website at https:// www.reginforgov, is a compilation of all rulemaking activities on which we have recently completed action or have proposed or are considering action. We have completed 7 rulemaking activities since publication of our last Agenda on, August 26, 2020 (85 FR 52858). This issuance of our Agenda contains 32 active and 17 long-term rulemaking activities: 2 are Economically Significant; 15 represent Other Significant agency priorities; 28 are Substantive, Nonsignificant rulemaking activities; and 4 are Administrative rulemaking activities. In addition, 2 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.
Information Collection: Public Records
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, ``Public Records.'' NRC Form 509, ``Statement of Estimated Fees for Freedom of Information Act (FOIA) Request.'' NRC updated one form integral to the agency's Freedom of Information Act (FOIA) process, NRC Form 507, ``Freedom of InformationPrivacy Act Record Request Form.''
List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment No. 15
The U.S. Nuclear Regulatory Commission (NRC) is amending its 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. 15 to Certificate of Compliance No. 1014. Amendment No. 15 amends the certificate of compliance to add a new overpack and a new transfer cask, revise allowed content for storage, and make other changes to the storage system.
List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment No. 15
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its 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. 15 to Certificate of Compliance No. 1014. Amendment No. 15 amends the certificate of compliance to add a new overpack and a new transfer cask, revise allowed content for storage, and make other changes to the storage system.
Exelon Generation Company, LLC; Three Mile Island Nuclear Station, Unit 1
The U.S. Nuclear Regulatory Commission (NRC) has issued an exemption in response to a request from the licensee that would permit Exelon Generation Company, LLC to reduce the minimum coverage limit for onsite property damage insurance from $1.06 billion to $50 million for Three Mile Island Nuclear Station, Unit 1.
Westinghouse Electric Company, LLC; Columbia Fuel Fabrication Facility; and US Ecology, Inc.; Idaho Resource Conservation and Recovery Act Subtitle C Hazardous Disposal Facility Located Near Grand View, Idaho
The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption and associated license amendment related to a request from Westinghouse Electric Company, LLC (WEC) from NRC regulations with respect to a request for alternate disposal and exemption for specified low-activity radioactive waste from the Columbia Fuel Fabrication Facility (CFFF) in Hopkins, South Carolina for waste containing byproduct material and special nuclear material (SNM) under License Number SNM-1107. Additionally, the NRC is taking the related action of approving exemptions to US Ecology, Inc. (USEI) from the applicable licensing requirements to allow USEI to receive and dispose the material from CFFF without an NRC license. The USEI disposal facility, located near Grand View, Idaho, is a Subtitle C Resource Conservation and Recovery Act (RCRA) hazardous waste disposal facility permitted by the State of Idaho to receive low-level radioactive waste and is not licensed by the NRC. Approval of the alternate disposal request from WEC, the exemptions and license amendment requested by WEC and associated exemptions for USEI would allow WEC to transfer the specific waste from CFFF for disposal at USEI.
American Society of Mechanical Engineers 2019-2020 Code Editions
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to incorporate by reference the 2019 Edition of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code and the 2020 Edition of the American Society of Mechanical Engineers Operation and Maintenance of Nuclear Power Plants, Division 1: OM Code: Section IST, for nuclear power plants. The NRC is also proposing to incorporate by reference the 2011 Addenda to ASME NQA-1- 2008, Quality Assurance Requirements for Nuclear Facility Applications (ASME NQA-1b-2011), and the 2012 and 2015 Editions of ASME NQA-1, Quality Assurance Requirements for Nuclear Facility Applications. This action is in accordance with the NRC's policy to periodically update the regulations to incorporate by reference new editions of the American Society of Mechanical Engineers Codes and is intended to maintain the safety of nuclear power plants and to make NRC activities more effective and efficient.
Department of the Navy; Environmental Assessment and Finding of No Significant Impact
The U.S. Nuclear Regulatory Commission (NRC) is considering amending Materials License No. 45-23645-01NA to authorize extending the time period for completing decommissioning and requesting termination of the Department of the Navy's permitted activities and has prepared an Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) in support of this action.
Department of the Air Force; Environmental Assessment and Finding of No Significant Impact
The U.S. Nuclear Regulatory Commission (NRC) is considering amending Materials License No. 42-23539-01AF to authorize extending the time period for completing decommissioning and requesting termination of the Department of the Air Force's permitted activities and has prepared an Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) in support of this action.
List of Approved Spent Fuel Storage Casks: TN Americas LLC Standardized NUHOMS® Horizontal Modular Storage System, Certificate of Compliance No. 1004, Renewed Amendment No. 17
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations by revising the TN Americas LLC Standardized NUHOMS[supreg] Horizontal Modular Storage System listing within the ``List of approved spent fuel storage casks'' to include Renewed Amendment No. 17 to Certificate of Compliance No. 1004. Because this amendment is subsequent to the renewal of the TN Americas LLC Standardized NUHOMS[supreg] Horizontal Modular Storage System Certificate of Compliance No. 1004 and, therefore, subject to the Aging Management Program requirements of the renewed certificate, it is referred to as ``Renewed Amendment No. 17.'' Renewed Amendment No. 17 revises the certificate of compliance technical specifications to add Heat Load Zoning Configurations 11-13 for the 61BTH Type 2 dry shielded canister and change the maximum assembly heat load from 1.2k W to 1.7 kW. This amendment also includes minor clarifications to the certificate of compliance.
List of Approved Spent Fuel Storage Casks: TN Americas LLC Standardized NUHOMS® Horizontal Modular Storage System, Certificate of Compliance No. 1004, Renewed Amendment No. 17
The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the TN Americas LLC Standardized NUHOMS[supreg] Horizontal Modular Storage System listing within the ``List of approved spent fuel storage casks'' to include Renewed Amendment No. 17 to Certificate of Compliance No. 1004. Because this amendment is subsequent to the renewal of the TN Americas LLC Standardized NUHOMS[supreg] Horizontal Modular System Certificate of Compliance No. 1004 and, therefore, subject to the Aging Management Program requirements of the renewed certificate, it is referred to as ``Renewed Amendment No. 17.'' Renewed Amendment No. 17 revises the certificate of compliance technical specifications to add Heat Load Zoning Configurations 11-13 for the 61BTH Type 2 dry shielded canister and change the maximum assembly heat load from 1.2 kW to 1.7 kW. This amendment also makes minor clarifications to the certificate of compliance.
Tennessee Valley Authority; Watts Bar Nuclear Plant, Unit 2
The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Facility Operating License No. NPF-96, issued to Tennessee Valley Authority (TVA), for operation of the Watts Bar Nuclear Plant (Watts Bar or WBN), Unit 2. The proposed amendment would revise the Watts Bar Updated Final Safety Analysis Report (UFSAR) to apply a temperature adjustment to the growth rate calculation used to determine the end-of-cycle distribution of indications of axial outer diameter stress corrosion cracking (ODSCC) at steam generator (SG) tube support plates in support of the Watts Bar, Unit 2 operational assessment. The proposed revision to the UFSAR would apply to Unit 2 only. For this amendment request, the NRC proposes to determine that it involves no significant hazards consideration. Because this amendment request contains sensitive unclassified non- safeguards information (SUNSI), an order imposes procedures to obtain access to SUNSI for contention preparation.
Information Collection: General Domestic Licenses for Byproduct Material
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, ``General Domestic Licenses for Byproduct Material.''
Monthly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations
Pursuant to section 189.a.(2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is publishing this regular monthly 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 (NSHC), notwithstanding the pendency before the Commission of a request for a hearing from any person. This monthly notice includes all amendments issued, or proposed to be issued, from February 5, 2021, to March 4, 2021. The last monthly notice was published on February 23, 2021.
Exelon Generation Company, LLC; LaSalle County Station, Units 1 and 2
The U.S. Nuclear Regulatory Commission (NRC) has issued a temporary exemption in response to a February 20, 2021 request from Exelon Generation Company, LLC (Exelon, the licensee) from requirements regarding pre-access drug and alcohol testing to maintain authorization for individuals assigned work activities necessary for the timely completion of a refueling and maintenance outage at LaSalle County Station, Units 1 and 2 (LSCS).
Information Collection: Standards for Protection Against Radiation
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 ``Standards for Protection Against Radiation.''
Enhancing Participation in NRC Public Meetings
The U.S. Nuclear Regulatory Commission (NRC) has revised its policy statement, ``Enhancing Participation in NRC Public Meetings,'' to further clarify and enhance participation in public meetings conducted by the NRC. The revised policy statement redefines the three categories of public meetings and identifies the level of public participation offered at each category of meeting. The revised policy statement also clarifies notification expectations for meetings that include physical presence in the meeting room and meetings that rely solely on remote access technology such as teleconferencing. The revisions will improve the consistency of the NRC's public meetings and help participants better prepare for NRC meetings.
Training and Qualification of Security Personnel at Nuclear Power Reactor Facilities
The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 1 of Regulatory Guide (RG) 5.75, ``Training and Qualification of Security Personnel at Nuclear Power Reactor Facilities.'' This RG updates training and qualification guidance that incorporates lessons learned and reflects changes that have been made in associated rules and guidance documents since the original publication of the guide. This guide describes approaches and methodologies that the NRC staff considers acceptable for the training and qualification of all personnel who are assigned duties and responsibilities required for the implementation of the Commission-approved security plans, licensee response strategies, and implementing procedures at nuclear power reactor facilities.
NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center
The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of exemptions that would permit the licensee to reduce its emergency planning (EP) activities at the Duane Arnold Energy Center (DAEC). Specifically, the licensee is seeking exemptions that would eliminate the requirements for the licensee to maintain offsite radiological emergency plans, as well as reduce some of the onsite EP activities based on the reduced risks at DAEC, which is permanently shut down and defueled. However, requirements for certain onsite capabilities to communicate and coordinate with offsite response authorities would be retained. In addition, offsite EP provisions would still exist through State and local government use of a comprehensive emergency management plan process, in accordance with the Federal Emergency Management Agency's (FEMA's) Comprehensive Preparedness Guide (CPG) 101, ``Developing and Maintaining Emergency Operations Plans.'' The NRC staff is issuing a final Environmental Assessment (EA) and final Finding of No Significant Impact (FONSI) associated with the proposed exemptions.
In the Matter of LaCrosseSolutions,
The U.S. Nuclear Regulatory Commission (NRC) is issuing an Order to extend the effectiveness of a September 24, 2019, order, which approved the direct transfer of Possession Only License No. DPR-45 for the La Crosse Boiling Water Reactor (LACBWR) from the current holder, LaCrosseSolutions, LLC, to Dairyland Power Cooperative and approved a conforming license amendment, for six months beyond its current March 24, 2021, expiration date.
Alignment of Licensing Processes and Lessons Learned From New Reactor Licensing
On January 29, 2021, the U.S. Nuclear Regulatory Commission (NRC) published a document in the Federal Register requesting public comment on a regulatory basis to support a proposed rule that would amend the NRC's regulations for the licensing of new nuclear power reactors. The public comment period was originally scheduled to close on April 14, 2021. 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.
Information Collection: Fitness-for-Duty Programs
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, ``Fitness-for-Duty Programs.''
Information Collection: Licensing Requirements for Land Disposal of Radioactive Waste
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, ``Licensing Requirements for Land Disposal of Radioactive Waste.''
Emergency Response Planning and Preparedness for Nuclear Power Reactors
The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft regulatory guide (DG), DG-1357, ``Emergency Response Planning and Preparedness for Nuclear Power Reactors.'' This DG is proposed Revision 6 of Regulatory Guide (RG) 1.101, ``Emergency Response Planning and Preparedness for Nuclear Power Reactors.'' This proposed revision endorses Revision 0 of the Nuclear Energy Institute (NEI) white paper, ``Implementing a 24-Month Frequency for Emergency Preparedness Program Reviews,'' issued November 2019. In addition, this proposed revision includes guidance found in previous revisions of RG 1.101, updated NRC guidance documents, and other documents previously endorsed by the NRC to consolidate the list of these guidance documents into a single revision of the RG.
Exelon Generation Company, LLC; TMI-2 Solutions, LLC; Three Mile Island Nuclear Station, Units 1 and 2
The U.S. Nuclear Regulatory Commission (NRC) has issued exemptions in response to a request to reduce the required level of primary offsite liability insurance from $450 million to $100 million and to eliminate the requirement to carry secondary financial protection for Three Mile Island Nuclear Station, Unit 1 and to reduce the required level of primary offsite liability insurance in the event of an extraordinary nuclear occurrence from $200 million to $100 million for Three Mile Island Nuclear Station, Unit 2.
Issuance of Multiple Exemptions in Response to COVID-19 Public Health Emergency
The U.S. Nuclear Regulatory Commission (NRC) issued four exemptions in response to requests from two licensees. The exemptions afford these licensees temporary relief from certain requirements under NRC regulations. The exemptions are in response to the licensees' requests for relief due to the coronavirus disease 2019 (COVID-19) public health emergency (PHE). The NRC is issuing a single notice to announce the issuance of the exemptions.
Exelon Generation Company, LLC; LaSalle County Station, Units 1 and 2
The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of amendments to Renewed Facility Operating License Nos. NPF- 11 and NPF-18 issued to Exelon Generation Company, LLC (Exelon, the licensee) for operation of LaSalle County Station, Units 1 and 2 (LaSalle), located in Brookfield Township, LaSalle County, Illinois. The proposed action would revise the technical specifications (TS) for the plant to allow for an average, rather than absolute, ultimate heat sink (UHS) sediment level and would modify the UHS temperature curve to increase the allowable TS diurnal temperature limits of the cooling water supplied to the plant from the UHS. The NRC is issuing an environmental assessment (EA) and finding of no significant impact (FONSI) associated with the proposed license amendments.
Westinghouse Electric Company, LLC; Columbia Fuel Fabrication Facility; and US Ecology, Inc.; Idaho Resource Conservation and Recovery Act Subtitle C Hazardous Disposal Facility Located Near Grand View, Idaho
The U.S. Nuclear Regulatory Commission (NRC) is issuing an environmental assessment (EA) and finding of no significant impact (FONSI) related to a request for alternate disposal, exemptions, and associated license amendment for the disposition of waste containing byproduct material and special nuclear material (SNM) from the Westinghouse Electric Company, LLC's (WEC) Columbia Fuel Fabrication Facility (CFFF) in Hopkins, South Carolina, under License Number SNM-1107. The material will be transported to and disposed consistent with a previously granted exemption granted to WEC and the US Ecology, Inc. (USEI) disposal facility, located near Grand View, Idaho, which is a Subtitle C Resource Conservation and Recovery Act (RCRA) hazardous waste disposal facility permitted by the State of Idaho to receive low-level radioactive waste. The NRC is also considering the related action of approving a corresponding exemption to USEI. Approval of the alternate disposal request from WEC and the exemptions requested by WEC and USEI would allow WEC to transfer the specific waste from CFFF for disposal at USEI.
New York State Energy Research and Development Authority; Irradiated Nuclear Fuel Processing Plant; Western New York State Nuclear Service Center
The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Facility Provisional Operating License No. CSF-1 for provisional operation of the Irradiated Nuclear Fuel Processing Plant located at the Western New York Nuclear Service Center (WNYNSC), in Cattaraugus and Erie Counties, New York. The proposed amendment would amend the Radiation Protection Plan for the ``retained premises of the licensed area'' for modernization. In addition, the New York State Energy Research and Development Authority (NYSERDA), the licensee, requested that the license be amended to clarify NYSERDA's health and safety and other responsibilities under the license. NYSERDA defines the ``retained premises of the licensed area'' as the area consisting of the WNYNSC, not including the U.S. Department of Energy (DOE) West Valley Demonstration Project (WVDP) premises and the State Licensed Disposal Area (SDA).
ADP CR3, LLC; Crystal River Unit 3 Nuclear Plant
The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a January 19, 2021, request from ADP CR3, LLC (ADP CR3) for the Crystal River Unit 3 Nuclear Plant, from the requirement to investigate and report to the NRC when ADP CR3 does not receive notification of receipt of a shipment, or part of a shipment, of low-level radioactive waste within 20 days after transfer from the Crystal River facility. ADP CR3 requested that the time period for it to receive acknowledgement that the shipment has been received by the intended recipient be extended from 20 to 45 days to avoid an excessive administrative burden as operational experience indicates that rail or mixed mode shipments may take more than 20 days to reach their destination.
Fresh and Spent Fuel Pool Criticality Analyses
The U.S. Nuclear Regulatory Commission (NRC) is issuing a new Regulatory Guide (RG) 1.240, ``Fresh and Spent Fuel Pool Criticality Analyses.'' This regulatory guide (RG) describes an approach that the staff of the U.S. Nuclear Regulatory Commission (NRC) considers acceptable to demonstrate that NRC regulatory requirements are met for subcriticality of fuel assemblies stored in fresh fuel vaults and spent fuel pools at light-water reactor (LWR) power plants. It endorses, with clarifications and exceptions, the Nuclear Energy Institute (NEI) guidance document NEI 12 16, ``Guidance for Performing Criticality Analyses of Fuel Storage at Light Water Reactor Power Plants,'' Revision 4.
Information Collection: U.S .NRC Acquisition Regulation
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, ``US NRC Acquisition Regulation.''
Design Review Guide for Instrumentation and Controls for Non-Light-Water Reactor Reviews
The U.S. Nuclear Regulatory Commission (NRC) is issuing a Design Review Guide (DRG) entitled ``Instrumentation and Controls for Non-Light-Water Reactor (non-LWR) Reviews.'' This DRG provides guidance for the NRC staff to use in reviewing the Instrumentation and Controls (I&C) portions of applications for advanced non-LWRs within the bounds of existing regulations. The guidance supports NRC's Non-LWR Vision and Strategy, Implementation Action Plan Strategy 3, which involves developing: (1) Guidance for flexible regulatory review processes for non-LWRs within the bounds of existing regulations; and (2) a new non- LWR regulatory framework that is risk-informed and performance-based, and that features NRC staff's review efforts commensurate with the demonstrated safety performance of non-LWR technologies.
NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center; Post-Shutdown Decommissioning Activities Report
On June 19, 2020, the U.S. Nuclear Regulatory Commission (NRC) solicited comments on the post-shutdown decommissioning activities report (PSDAR) for the Duane Arnold Energy Center (DAEC). The PSDAR, which includes the site-specific decommissioning cost estimate (DCE), provides an overview of NextEra Energy Duane Arnold, LLC's (NEDA or the licensee's) planned decommissioning activities, schedule, projected costs, and environmental impacts for DAEC. The public comment period closed on October 19, 2020, was reopened on October 26, 2020, and closed again on February 19, 2021. The NRC has decided to reopen the public comment period for a second time to provide additional time for members of the public to develop and submit their comments, as well as to allow time for an in-person public meeting on the PSDAR. The NRC will hold a public meeting to discuss the PSDAR's content and receive comments once restrictions associated with the Coronavirus Disease 2019 public health emergency are lifted.
Information Collection: Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than Class C Waste
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, ``Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater than Class C Waste.''
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