Nuclear Regulatory Commission January 2022 – Federal Register Recent Federal Regulation Documents
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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.'' The NRC's Agenda 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 our complete Agenda was issued online at the Office of Management and Budget's website at https://www.reginfo.gov on June 11, 2021. This issuance of our Agenda contains 37 active and 17 long-term rulemaking activities: 3 are Economically Significant; 16 represent Other Significant agency priorities; 38 are Substantive, Nonsignificant rulemaking activities; and 4 are Administrative rulemaking activities. In addition, 4 rulemaking activities impact small entities. We are requesting comment on the rulemaking activities as identified in this Agenda. The NRC's last Agenda was issued for public comment on July 30, 2021.
Sigma-Aldrich Company, Fort Mims Site
The U.S. Nuclear Regulatory Commission (NRC) is noticing the termination of the Sigma-Aldrich Company, Fort Mims Site, Materials License No. 24-16273-01, located in Maryland Heights, MO.
DTE Electric Company; Fermi-2
The U.S. Nuclear Regulatory Commission (NRC) has issued an exemption to DTE Electric Company (DTE), for Fermi-2 (Fermi 2), Independent Spent Fuel Storage Installation (ISFSI). The exemption allows Fermi 2 to deviate from the timing requirements in Certificate of Compliance (CoC) No. 1014, Appendix A, ``Technical Specifications (TS) for the HI-STORM 100 Cask System,'' Section 5.4, ``Radioactive Effluent Control Program,'' Subsection C related to submission of an annual effluent report.
Perma-Fix Northwest Richland, Inc.
The U.S. Nuclear Regulatory Commission (NRC) received and is considering issuing an export license amendment (XW027/01), requested by Perma-Fix Northwest Richland, Inc. (PFNW). The request seeks the NRC's approval for a license amendment authorizing the export of up to 60,000 kilograms of radioactive waste to Germany. The NRC is providing notice of the opportunity to comment, request a hearing, and petition to intervene on PFNW's application.
Preparing Probabilistic Fracture Mechanics Submittals
The U.S. Nuclear Regulatory Commission (NRC) is issuing a new Regulatory Guide (RG) 1.245 (Revision 0), ``Preparing Probabilistic Fracture Mechanics Submittals'' and accompanying NUREG/CR-7278, ``Technical Basis for the use of Probabilistic Fracture Mechanics in Regulatory Applications.'' This RG describes a framework to develop the contents of a licensing submittal that the staff of the NRC considers acceptable when performing probabilistic fracture mechanics (PFM) analyses in support of regulatory applications. The NUREG provides the technical basis for RG 1.245.
Monitoring Criteria and Methods to Calculate Occupational Radiation Doses
On December 17, 2021, the U.S. Nuclear Regulatory Commission (NRC) solicited comments on draft regulatory guide (DG), DG-8060, ``Monitoring Criteria and Methods to Calculate Occupational Radiation Doses.'' The public comment period was originally scheduled to close on January 31, 2022. 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.
Issuance of Multiple Exemptions in Response to COVID-19 Public Health Emergency
The U.S. Nuclear Regulatory Commission (NRC) issued two exemptions in response to requests from two licensees for relief due to the coronavirus 2019 disease (COVID-19) public health emergency (PHE). The exemptions afford these licensees temporary relief from certain requirements under NRC regulations. The NRC is issuing a single notice to announce the issuance of the exemptions.
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 December 10, 2021, to January 6, 2022. The last monthly notice was published on December 28, 2021.
List of Approved Spent Fuel Storage Casks: TN Americas LLC, TN-68 Dry Storage Cask System, Certificate of Compliance No. 1027, Renewal of Initial Certificate and Amendment No. 1
The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of February 22, 2022, for the direct final rule that was published in the Federal Register on December 9, 2021. This direct final rule amended the TN Americas LLC, TN-68 Dry Storage Cask System listing in the ``List of approved spent fuel storage casks'' to renew, for an additional 40 years, the initial certificate and Amendment No. 1 of Certificate of Compliance No. 1027.
Zion Nuclear Power Station, Units 1 and 2; Three Mile Island Nuclear Station, Unit 2; La Crosse Boiling Water Reactor; EnergySolutions, LLC Radioactive Materials License; EnergySolutions, LLC Export Licenses; Consideration of Approval of Indirect Transfer of Licenses
The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of a license transfer application filed by EnergySolutions, LLC (EnergySolutions) on December 7, 2021. The application seeks NRC approval of the indirect transfer of Facility Operating License Nos. DPR-39 and DPR-48 for Zion Nuclear Power Station (Zion), Units 1 and 2, respectively, and the general license for the Zion independent spent fuel storage installation (ISFSI); Possession Only License No. DPR-73 for Three Mile Island Nuclear Station, Unit 2 (TMI-2); Possession Only License No. DPR-45 for La Crosse Boiling Water Reactor (La Crosse) and the general license for the La Crosse ISFSI; Radioactive Materials License No. 39-35044-01; and Export Licenses XW010/04 and XW018/01 from the current principal shareholders of the EnergySolutions parent company Rockwell Holdco, Inc. (Rockwell) and other investors to a majority ownership by TriArtisan ES Partners, LLC (TriArtisan). The application contains sensitive unclassified non- safeguards information (SUNSI).
Information Collection: Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions
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, ``Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions.''
Operational Leakage
The U.S. Nuclear Regulatory Commission (NRC) is seeking public comment on a draft regulatory issue summary (RIS) Operational Leakage. The NRC staff seeks to clarify regulatory requirements for all licensees of boiling and pressurized water reactors that apply to operational leakage. This draft RIS is a clarification for the NRC requirements for evaluation, control, and treatment of operational leakage in systems required to be operable by plant technical specifications (TS).
Revision of the NRC Enforcement Policy
The U.S. Nuclear Regulatory Commission (NRC) is publishing a revision to its Enforcement Policy. This revision addresses the requirements of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires Federal agencies to adjust their maximum civil monetary penalty amounts annually for inflation.
Adjustment of Civil Penalties for Inflation for Fiscal Year 2022
The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to adjust the maximum civil monetary penalties it can assess under statutes enforced by the agency. These changes are mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The NRC is amending its regulations to adjust the maximum civil monetary penalty for a violation of the Atomic Energy Act of 1954, as amended, or any regulation or order issued under the Atomic Energy Act from $307,058 to $326,163 per violation, per day. Additionally, the NRC is amending provisions concerning program fraud civil penalties by adjusting the maximum civil monetary penalty under the Program Fraud Civil Remedies Act from $11,803 to $12,537 for each false claim or statement.
Monthly Notice: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations
The U.S. Nuclear Regulatory Commission (NRC) is correcting a notice that was published in the Federal Register on November 30, 2021, regarding an application date that was referenced in the License Amendment Request table as ``Application Date October 30, 2020'' to read ``Application Date June 14, 2021.''
Oklo Power LLC, a subsidiary of Oklo Inc.; Oklo Aurora Combined License Application Idaho National Laboratory
Oklo Power LLC, a wholly owned subsidiary of Oklo Inc., submitted a custom combined license application for one Aurora reactor to be located at the Idaho National Laboratory in Idaho on March 11, 2020. The U.S. Nuclear Regulatory Commission (NRC) has denied the Oklo Aurora custom combined license application for failure to provide information in response to NRC staff requests for additional information (RAIs). The agency is denying the application without prejudice, and Oklo is free to resubmit its application supplemented by additional information that was previously requested.
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 three amendment requests. The amendment requests are for Three Mile Island, Unit 2, Quad Cities Nuclear Power Station, Units 1 and 2, and Prairie Island Nuclear Generating Plant, Units 1 and 2. For each amendment request, the NRC proposes to determine that the request involves no significant hazards consideration (NSHC). Because each amendment request contains sensitive unclassified non-safeguards information (SUNSI), an order imposes procedures to obtain access to SUNSI for contention preparation by persons who file a hearing request or petition for leave to intervene.
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