Nuclear Regulatory Commission May 2023 – Federal Register Recent Federal Regulation Documents

The U.S. Nuclear Regulatory Commission (NRC) is issuing a new Order superseding a previously issued Order to Waste Control Specialists LLC (WCS) on December 3, 2014 (2014 Order), as supplemented by NRC letters to WCS from 2016 to 2022. The current and past NRC Orders are associated with an exemption from NRC regulations, which requires persons who own, acquire, deliver, receive, possess, use, or transfer Special Nuclear Material (SNM) to obtain an NRC license pursuant to the NRC requirements. The current action is in response to a request by WCS dated June 30, 2022. In the letter, WCS requested permission to: (1) move the U.S. Department of Energy (DOE) Los Alamos National Laboratory (LANL) Waste from the WCS Federal Waste Facility (FWF) disposal cell to the WCS Treatment, Storage, and Disposal Facility (TSDF) Bin Storage Area (BSA)-1 Enclosure; (2) prepare the LANL Waste for shipment in the TSDF BSA-1 Enclosure; and (3) temporarily store the LANL Waste in the TSDF BSA-1 Enclosure.

The U.S. Nuclear Regulatory Commission (NRC) has received a license amendment application from Cimarron Environmental Response Trust (CERT or the applicant) for the Cimarron Facility, located in the city of Guthrie, which is in Logan County, Oklahoma. The license authorizes Possession of Byproduct, Source, and Special Nuclear Material (SNM-928). In this amendment request, CERT requests approval of its proposed Facility Decommissioning Plan (DP), Revision 3 for the Cimarron Facility. The requested license amendment is necessary for CERT to complete the remaining decommissioning activities needed for the NRC to release the Cimarron site for unrestricted use. The requested license amendment is also necessary to ultimately terminate SNM-928; however, license termination is a separate action that requires a separate application from CERT and a separate NRC finding that the site is suitable for release. Because the license application contains Sensitive Unclassified Non-Safeguards Information (SUNSI), an order imposes procedures to obtain access to this type of information for contention preparation.

The U.S. Nuclear Regulatory Commission (NRC) is soliciting public comment on its draft Interim Staff Guidance (ISG) DANU-ISG-2022- 06, Chapter 12, ``Post-Construction Inspection, Testing, and Analysis Program.'' The purpose of this proposed ISG is to provide guidance to assist the NRC staff in determining whether an application for a non- light water reactor (non-LWR) design that uses the Licensing Modernization Project (LMP) process meets the minimum requirements for construction permits, operating licenses, manufacturing licenses, standard design approval, or design certifications.

The U.S. Nuclear Regulatory Commission (NRC) is soliciting public comment on its draft Interim Staff Guidance (ISG) DANU-ISG-2022- 01, ``Review of Risk-Informed, Technology Inclusive Advanced Reactor ApplicationsRoadmap.'' The purpose of this proposed ISG is to provide guidance to assist the NRC staff in determining whether an application for a non-light water reactor (non-LWR) design that uses the Licensing Modernization Project (LMP) process meets the minimum requirements for construction permits, operating licenses, combined licenses, manufacturing licenses, standard design approval, or design certifications.

The U.S. Nuclear Regulatory Commission (NRC) is soliciting public comment on its draft Interim Staff Guidance (ISG) DANU-ISG-2022- 05, Chapter 11, ``Organization and Human-System Considerations.'' The purpose of this proposed ISG is to provide guidance to assist the NRC staff in determining whether an application for a non-light water reactor (non-LWR) design that uses the Licensing Modernization Project (LMP) process meets the minimum requirements for construction permits, operating licenses, combined licenses, manufacturing licenses, standard design approval, or design certifications.

The U.S. Nuclear Regulatory Commission (NRC) is soliciting public comment on its draft Interim Staff Guidance (ISG) DANU-ISG-2022- 04, Chapter 10, ``Control of Occupational Dose.'' The purpose of this proposed ISG is to provide guidance to assist the NRC staff in determining whether an application for a non-light water reactor (non- LWR) design that uses the Licensing Modernization Project (LMP) process meets the minimum requirements for construction permits, operating licenses, manufacturing licenses, standard design approval, or design certifications.

The U.S. Nuclear Regulatory Commission (NRC) is soliciting public comment on its draft Regulatory Guide (DG-1404), ``Guidance for a Technology-Inclusive Content of Application Methodology to Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-Light-Water Reactors.'' This DG is a proposed new regulatory guide to provide guidance to assist interested parties and prospective applicants for the development of content for major portions of their safety analysis reports required in applications for licenses, certifications, and approvals by the NRC to ensure that non-light water reactor (non-LWR) facility designs using the Licensing Modernization Project (LMP) process meet the minimum requirements for construction permits, operating licenses, combined licenses, manufacturing licenses, standard design approval, or design certifications.

The U.S. Nuclear Regulatory Commission (NRC, the Commission) received and is considering approval of an application filed by Vistra Operations Company LLC (VistraOps) and Energy Harbor Nuclear Corp. (collectively, the applicants) on April 14, 2023, as supplemented by letter dated April 20, 2023. The application seeks NRC approval of the indirect transfer of control of Facility Operating License Nos. NFP-87 and NFP-89 for Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2 (Comanche Peak), respectively, and its generally licensed independent spent fuel storage installation (ISFSI); the indirect transfer of control of Renewed Facility Operating License Nos. DPR-66, NPF-73, and NPF-3 for Beaver Valley Power Station, Unit Nos. 1 and 2 (Beaver Valley), and Davis-Besse Nuclear Power Station, Unit No. 1 (Davis- Besse), respectively, and Facility Operating License No. NPF-58 for the Perry Nuclear Power Plant, Unit No. 1 (Perry), and their associated generally licensed ISFSIs (collectively, the EH Facilities); and the direct transfer of the operating authority for the EH Facilities to VistraOps. The NRC is also considering amending the licenses for administrative purposes to reflect the proposed transfer. The application contains sensitive unclassified non-safeguards information (SUNSI).

The U.S. Nuclear Regulatory Commission (NRC) is proposing limited revisions to its policy statement on reporting abnormal occurrences (AO) to Congress. The proposed revisions are to the medical event criteria for determining events that are significant from the standpoint of public health or safety.

The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Combined License (COL) NPF-92, issued to Southern Nuclear Operating Company, Inc. (SNC), and Georgia Power Company, Oglethorpe Power Corporation, MEAG Power SPVM, LLC, MEAG Power SPVJ, LLC, MEAG Power SPVP, LLC, Authority of Georgia, and the City of Dalton, Georgia (collectively, SNC), for construction and operation of the Vogtle Electric Generating Plant (VEGP), Unit 4, located in Burke County, Georgia.

The U.S. Nuclear Regulatory Commission (NRC) issued an Order approving the indirect transfer of several licenses for Westinghouse Electric Company, LLC (Westinghouse). Westinghouse is the holder of special nuclear materials (SNM) license number SNM-1107, which authorizes the possession and use of SNM at the Columbia Fuel Fabrication Facility in Hopkins, South Carolina. Westinghouse is also the holder of several export licenses as noted in the Order. The Order approves the indirect transfer of control of these licenses resulting from the acquisition of Westinghouse's intermediate parent company, Brookfield WEC Holdings Inc., by Watt New Aggregator L.P., in which Brookfield Corporation will hold a controlling 51 percent interest and Cameco Corporation will hold the remaining 49 percent interest. The Order became effective upon issuance.

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.

The U.S. Nuclear Regulatory Commission (NRC) will convene a meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) on May 15-16, 2023. A sample of agenda items to be discussed during the public session includes: an overview of medical related events; status update on the limited revisions to the abnormal occurrence criteria; a discussion of the potential impacts of the American Board of Radiology's request to cease NRC recognition of their board certification processes; an overview of the current rulemaking to require reporting of certain nuclear medicine injection extravasations; and a review of the draft proposed rule for decommissioning financial assurance for sealed and unsealed radioactive materials. The agenda is subject to change. The current agenda and any updates will be available on the ACMUI's Meetings and Related Documents web page at https:// www.nrc.gov/reading-rm/doc-collections/acmui/meetings/2023.ht ml or by emailing Dr. Celimar Valentin- Rodriguez at the contact information below. Purpose: Discuss issues related to 10 CFR part 35, Medical Use of Byproduct Material. Date and Time for Open Sessions: May 15, 2023, from 8:30 a.m. to 5 p.m. EDT. Date and Time for Closed Session: May 16, 2023, from 9 p.m. to 12 p.m. EDT. This session will be closed to conduct the ACMUI's biennial evaluation and presentations for new ACMUI members. Address for Public Meeting: U.S. Nuclear Regulatory Commission, One White Flint North Building, Commissioner's Hearing Room, 11555 Rockville Pike, Rockville, Maryland 20852.

The U.S. Nuclear Regulatory Commission (NRC) is requesting information aimed at understanding the current state-of-art in approaches to radiological survey (i.e., radiation instrumentation and data collection) to support decommissioning and license termination.

The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft regulatory guide (DG), DG-1403, ``Quality Assurance Program Criteria (Design and Construction).'' This DG is proposed Revision 6 of Regulatory Guide (RG) 1.28 of the same name. The proposed revision endorses Nuclear Energy Institute (NEI) 14-05A, ``Guidelines for the Use of Accreditation in Lieu of Commercial Grade Surveys for Procurement of Laboratory Calibration and Test Services,'' Revision 1, issued November 2020, as an acceptable approach for licensees and suppliers subject to the quality assurance (QA) requirements of NRC regulations. Also in this proposed revision, the NRC staff endorses the Part I and Part II requirements included in NQA- 1-2017, NQA-1-2019, and NQA-1-2022 for the implementation of a QA program during the design and construction phases of nuclear power plants and fuel reprocessing plants.

The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft regulatory guide (DG), DG-1409, ``Guidelines for Lightning Protection for Production and Utilization Facilities.'' This DG is the proposed Revision 1 of Regulatory Guide (RG) 1.204, ``Guidelines for Lightning Protection of Nuclear Power Plants.'' DG- 1409 describes an approach that is acceptable to the staff of the NRC to meet regulatory requirements for adequate lightning protection of safety-related systems, structures, and components (SSCs). This DG endorses, with clarifications, the methods described in Institute of Electrical and Electronics Engineers (IEEE) Standard (Std.) 665-1995, ``IEEE Standard for Generating Station Grounding''; IEEE Std. 666-2007, ``IEEE Design Guide for Electrical Power Service Systems for Generating Stations''; IEEE Std. 1050-2004, ``IEEE Guide for Instrumentation and Control Equipment Grounding in Generating Stations''; and IEEE Std. C62.23-2017, ``IEEE Application Guide for Surge Protection of Electric Generating Plants.''

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage regulations by revising the TN Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel Storage System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 3 to Certificate of Compliance No. 1042. Amendment No. 3 revises the certificate of compliance to add three new heat load zone configurations, add a variable-lead thickness transfer cask, add ATRIUM 11 fuel as an allowable content, update the criticality evaluation, allow ultrasonic testing of the outer top cover plate weld, reduce the time limit for transfer of two heat load zone configurations, incorporate a method to determine new loading patterns, waive a fabrication pressure test requirement, and make conforming changes for consistency and terminology clarification. Amendment No. 3 also includes additional changes associated with consideration of severe weather, maintaining water in the annulus, and design changes to the Matrix Loading Crane.

The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the TN Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel Storage System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 3 to Certificate of Compliance No. 1042. Amendment No. 3 revises the certificate of compliance to add three new heat load zone configurations, add a variable-lead thickness transfer cask, add ATRIUM 11 fuel as an allowable content, update the criticality evaluation, allow ultrasonic testing of the outer top cover plate weld, reduce the time limit for transfer of two heat load zone configurations, incorporate a method to determine new loading patterns, waive a fabrication pressure test requirement, and make conforming changes for consistency and terminology clarification. Amendment No. 3 also includes additional changes associated with consideration of severe weather, maintaining water in the annulus, and design changes to the Matrix Loading Crane.