Nuclear Regulatory Commission March 2022 – Federal Register Recent Federal Regulation Documents

The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a January 14, 2022, request from Arizona Public Service Company (the licensee), as supplemented by letter dated February 22, 2022. The licensee requested an exemption from NRC regulations to remove the diverse auxiliary feedwater actuation system using the risk-informed process for evaluations for Palo Verde Nuclear Generating Station, Units 1, 2, and 3.

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, ``Nuclear Material Events Database (NMED) for the Collection of Event Report, Response, Analyses, and Follow-Up Data on Events Involving the Use of Atomic Energy Act (AEA) Radioactive Byproduct Material.''

The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment and for trial use, a new regulatory guide (RG) 1.247, ``Acceptability of Probabilistic Risk Assessment Results for Non-Light Water Reactor Risk-Informed Activities.'' This new guidance describes one acceptable approach for determining whether the acceptability of the probabilistic risk assessment (PRA) used to support a PRA application is sufficient to provide confidence in the results for non- light water reactors (NLWRs) and risk-informed activities. As a trial RG, this issuance does not provide final staff positions and the guidance within may be revised based on experience obtained by the NRC with its use after its publication.

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 4, 2022, to March 3, 2022. The last monthly notice was published on February 22, 2022.

The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft regulatory guide (DG), DG-1402, ``Dedication of Commercial-Grade Digital Instrumentation and Control Items for Use in Nuclear Power Plants.'' This DG is a proposed new regulatory guide for the dedication of commercial-grade digital instrumentation and control (I&C) items for use in nuclear power plant safety applications.

The U.S. Nuclear Regulatory Commission (NRC) is correcting a notice that was published in the Federal Register on February 22, 2022, as part of the NRC Monthly Notice, regarding the description of a license amendment request to Facility Operating License Nos. NPF-39 and NPF-85, issued to Constellation Energy Generation, LLC for operation of the Limerick Generating Station, Units 1 and 2. The February 22, 2022, notice was a reissue to reflect a change in the scope of the request as part of the NRC Monthly Notice published in the Federal Register on August 10, 2021.

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, ``Export and Import of Nuclear Equipment and 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, ``Packaging and Transportation of Radioactive Material.''

The U.S. Nuclear Regulatory Commission (NRC) granted two exemptions in response to requests from one licensee for relief due to the coronavirus 2019 disease (COVID-19) public health emergency (PHE). The exemptions afford this licensee temporary relief from certain requirements under NRC regulations. The NRC is issuing a single notice to announce the issuance of the exemptions.

The U.S. Nuclear Regulatory Commission (NRC) is issuing an Order prohibiting involvement in NRC-licensed activities to Mr. Joseph Berkich. Mr. Berkich, the former owner of Steel City Gamma, LLC (SCG), engaged in deliberate misconduct that caused SCG to be in violation of NRC requirements.

The U.S. Nuclear Regulatory Commission (NRC) is considering approval of the continued onsite disposal of sediments containing very low levels of radioactive materials at the Columbia Generating Station (Columbia), located in Benton County, Washington for Renewed Facility Operating License No. NPF-21, held by Energy Northwest (EN, the licensee). The NRC is issuing an environmental assessment (EA) and finding of no significant impact (FONSI) associated with the proposed action.

The U.S. Nuclear Regulatory Commission (NRC) is issuing a Confirmatory Order to Somat Engineering, Inc. (Somat) to document commitments made as part of a settlement agreement made between the NRC and Somat following an alternative dispute resolution mediation session held on January 11, 2022. The mediation addressed three apparent violations involving Somat's failure to secure portable moisture density gauges against loss or unauthorized access or removal. Somat has committed to various measures intended to improve its ability to track such gauges, to improve employee awareness of their responsibilities to secure such gauges against loss or unauthorized access, and to share their lessons learned with others in the industry. The Confirmatory Order is effective upon issuance.

The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of two amendment requests. The amendment requests are for Columbia Generating Station and Browns Ferry Nuclear Plant, Units 1, 2, and 3. For each amendment request, the NRC proposes to determine that they involve 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.

On February 8, 2022, the U.S. Nuclear Regulatory Commission (NRC) solicited comments on draft regulatory guide (DG), DG-1385, ``Water Sources for Long-Term Cooling Following a Loss-of-Coolant Accident.'' The public comment period was originally scheduled to close on March 10, 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.

The U.S. Nuclear Regulatory Commission (NRC) is withdrawing a direct final rule that would have updated the access authorization fees charged to NRC licensees for work performed under the Material Access Authorization Program and the Information Access Authority Program. The direct final rule also would have made two administrative changes to revise definitions to include new naming conventions for background investigation case types and to specify the electronic process for completing security forms. The NRC is taking this action because it has received a significant adverse comment in response to the companion proposed rule that was published with the direct final rule.

The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking (PRM), dated July 20, 2015, and supplemented on August 31, 2015, submitted by Kurt T. Schaefer (the petitioner). The petition was docketed by the NRC on September 4, 2015, and was assigned Docket No. PRM-50-112. The petitioner requested that the NRC amend its regulations to define the term ``important to safety'' and provide a set of specific criteria for determining which structures, systems, components and functions are ``important to safety.'' The NRC is denying the petition because the issue raised does not involve a significant safety or security concern, and the existing NRC regulations, guidance, and procedures adequately address the issue raised in the PRM. A prescriptive approach that defines criteria for structures, systems, components and functions ``important to safety'' would likely have unintended consequences for the licensing bases of the current operating fleet and could reduce operational flexibility without providing a clear safety benefit. The NRC's current regulations continue to provide reasonable assurance of adequate protection of public health and safety, promote the common defense and security, and protect the environment.

The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to incorporate by reference revisions of three regulatory guides to approve new, revised, and reaffirmed code cases published by the American Society of Mechanical Engineers. The NRC is also incorporating by reference one NRC NUREG associated with a condition on one of the regulatory guides. This action allows nuclear power plant licensees and applicants for construction permits, operating licenses, combined licenses, standard design certifications, standard design approvals, and manufacturing licenses to use the code cases listed in these regulatory guides as voluntary alternatives to engineering standards for the construction, inservice inspection, and inservice testing of nuclear power plant components. These engineering standards are set forth in the American Society of Mechanical Engineers' Boiler and Pressure Vessel Codes and American Society of Mechanical Engineers' Operation and Maintenance Codes, which are currently incorporated by reference into the NRC's regulations. Further, this final rule announces the availability of a related regulatory guide, not incorporated by reference into the NRC's regulations, that lists code cases that the NRC has not approved for use.

The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft regulatory guide (DG), DG-5061, Revision 1, ``Cyber Security Programs for Nuclear Power Reactors.'' DG 5061, Revision 1, incorporates reference to industry whitepapers on identifying safety, important to safety, balance of plant, and emergency preparedness Critical Digital Assets. It also clarifies guidance on defense-in-depth for cyber security and includes updated text based on the latest National Institute of Standards and Technology (NIST) and International Atomic Energy Agency cyber security guidance. Specifically, this proposed revision clarifies issues identified from cyber security inspections, insights gained through the Security Frequently Asked Questions (SFAQ) process, documented cyber security attacks, new technologies, and new regulations. This proposed revision also considers the changes in the most recent revision to the NIST Special Publications (SP) 800-53, upon which Revision 0 of Regulatory Guide (RG) 5.71, ``Cyber Security Programs for Nuclear Facilities'' was based.

The U.S. Nuclear Regulatory Commission (NRC) is soliciting nominations for the position of Nuclear Cardiologist on the Advisory Committee on the Medical Uses of Isotopes (ACMUI). Nominees should currently be practicing as a Nuclear Cardiologist.