Nuclear Regulatory Commission July 2023 – Federal Register Recent Federal Regulation Documents
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List of Approved Spent Fuel Storage Casks: NAC International, Inc. MAGNASTOR® Storage System, Certificate of Compliance No. 1031, Amendment Nos. 11 and 12 and Revisions to Amendment Nos. 0 Through 9
The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the NAC International, Inc. MAGNASTOR[supreg] Storage System listing within the ``List of approved spent fuel storage casks'' to include Amendment Nos. 11 and 12 and revisions to Amendment Nos. 0 through 9 to Certificate of Compliance No. 1031. Amendment No. 11 amends the certificate of compliance to add a new concrete cask, transfer cask, fuel baskets and revised contents. Amendment No. 11 also adds a definition for the concrete cask lid, revises the definition for the concrete cask to exclude the lid, adds a definition for the storage cask, and provides alternate fabrication criteria and techniques for the concrete cask lid. Amendment No. 12 and revisions to Amendment Nos. 0 through 9 add definitions for the storage cask and concrete cask lid, revise the definition of the concrete cask, and provide alternate fabrication criteria and techniques for the concrete cask lid to the certificate of compliance.
List of Approved Spent Fuel Storage Casks: NAC International, Inc. MAGNASTOR® Storage System, Certificate of Compliance No. 1031, Amendment Nos. 11 and 12 and Revisions to Amendment Nos. 0 Through 9
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel regulations by revising the NAC International, Inc. MAGNASTOR[supreg] Storage System listing within the ``List of approved spent fuel storage casks'' to include Amendment Nos. 11 and 12 and revisions to Amendment Nos. 0 through 9 to Certificate of Compliance No. 1031. Amendment No. 11 amends the certificate of compliance to add a new concrete cask, transfer cask, fuel baskets and revised contents. Amendment No. 11 also adds a definition for the concrete cask lid, revises the definition for the concrete cask to exclude the lid, adds a definition for the storage cask, and provides alternate fabrication criteria and techniques for the concrete cask lid. Amendment No. 12 and revisions to Amendment Nos. 0 through 9 add definitions for the storage cask and concrete cask lid, revise the definition of the concrete cask, and provide alternate fabrication criteria and techniques for the concrete cask lid to the certificate of compliance.
Aerotest Operations, Inc.; Aerotest Radiography and Research Reactor
The U.S. Nuclear Regulatory Commission (NRC) has received a decommissioning plan from Aerotest Operations, Inc. for the Aerotest Radiography and Research Reactor, located in Contra Costa County, California. The license authorizes the possession only of the reactor and fuel, but not use or operation of the permanently shutdown facility. Aerotest Operations, Inc. is requesting NRC review and approval of a proposed decommissioning plan. If approved, the NRC would amend the Aerotest Radiography and Research Reactor license to reference the NRC approved decommissioning plan. Additionally, the NRC would add a license condition requiring the licensee to submit more detailed information on remaining dismantlement and remediation activities, as well as the final status survey plan, for NRC review and approval prior to conducting final status surveys for license termination.
Regulatory Guide: Cybersecurity Event Notifications
The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 1 to Regulatory Guide (RG), 5.83, ``Cybersecurity Event Notifications.'' This revision describes methods that the staff of the NRC considers acceptable for licensees to meet requirements in NRC regulations to report and record cybersecurity events.
Information Collection: Licenses and Radiation Safety Requirements for Well Logging
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, ``Licenses and Radiation Safety Requirements for Well Logging.''
Information Collection: NRC Form 749, Manual License Verification Report/License Verification System
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, NRC Form 749, ``Manual License Verification Report''/License Verification System.
Information Collection: DOE/NRC Form 740M, Concise Note; DOE/NRC Form 741, Nuclear Material Transaction Report; DOE/NRC Form 742, Material Balance Report; and DOE/NRC Form 742C, Physical Inventory Listing
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, ``DOE/NRC Form 740M, Concise Note; DOE/NRC Form 741, Nuclear Material Transaction Report; DOE/NRC Form 742, Material Balance Report; and DOE/NRC Form 742C, Physical Inventory Listing.''
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 5 rulemaking activities since our complete Agenda was issued online at the Office of Management and Budget's website at https://www.reginfo.gov on January 4, 2023. This issuance of our Agenda contains 32 active and 21 long-term rulemaking activities: 3 are Economically Significant; 17 represent Other Significant agency priorities; 35 are Substantive, Nonsignificant rulemaking activities; and 3 are Administrative rulemaking activities. In addition, 7 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 February 22, 2023.
Rare Element Resources, Inc.; Rare Earth Element Demonstration Plant
The U.S. Nuclear Regulatory Commission (NRC) is issuing a Finding of No Significant Impact (FONSI) and accompanying Environmental Assessment (EA) for an application request from Rare Element Resources, Inc. (RER) for a source materials license accompanying the construction and operation of a rare earth element (REE) separation and processing demonstration plant near Upton, Wyoming. Based on the analysis in the EA, the NRC staff has concluded that there would be no significant impacts to environmental resources from RER's proposed facility and, therefore, a FONSI is appropriate.
Environmental Assessment and Finding of No Significant Impact of Independent Spent Fuel Storage Facilities Decommissioning Funding Plans
The U.S. Nuclear Regulatory Commission (NRC) is publishing this notice regarding the issuance of a final environmental assessment (EA) and a finding of no significant impact (FONSI) for its review and approval of the updated decommissioning funding plans (DFPs) submitted by independent spent fuel storage installation (ISFSI) licensees for the ISFSIs listed in the ``Discussion'' section of this document.
ProTechnics, a Division of Core Laboratories LP; Alternate Abandonment of an Irretrievable Sealed Source
The U.S. Nuclear Regulatory Commission (NRC) is issuing a finding of no significant impact (FONSI) and accompanying environmental assessment (EA) for an exemption request from ProTechnics, a division of Core Laboratories LP (ProTechnics), byproduct material license no. 42-26928-01, for alternate abandonment of an irretrievable sealed source in a Gulf of Mexico oil and gas well. Based on the analysis in the EA, the NRC staff has concluded that there would be no significant impacts on the quality of the human environment from ProTechnics' proposed exemption request and therefore, a FONSI is appropriate.
Regulatory Guide: Use of Plant Parameter Envelope in Early Site Permit Applications for Nuclear Power Plants
The U.S. Nuclear Regulatory Commission (NRC) is issuing a new Regulatory Guide (RG) 4.27, ``Use of Plant Parameter Envelope in Early Site Permit Applications for Nuclear Power Plants.'' This RG provides guidance for nuclear power plant applicants that elect to use the plant parameter envelope concept to assume certain design parameters for an early site permit application when a specific reactor technology has not been selected for a proposed site.
Information Collection: Requests to Federally Recognized Indian Tribes for Information
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, ``Requests to Federally Recognized Indian Tribes for Information.''
Regulatory Guide: Criteria for Programmable Digital Devices in Safety-Related Systems of Nuclear Power Plants
The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 4 to Regulatory Guide (RG), 1.152, ``Criteria for Programmable Digital Devices in Safety-Related Systems of Nuclear Power Plants.'' This RG describes an approach that is acceptable to the staff of the NRC to meet regulatory requirements for promoting high functional reliability, design quality, and a secure development and operational environment (SDOE) for the use of programmable digital devices (PDDs) in the safety-related systems of nuclear power generating stations.
Information Collection: NRC Form 241, Report of Proposed Activities in Non-Agreement States, Areas of Exclusive Federal Jurisdiction, or Offshore Waters
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, NRC Form 241, ``Report of Proposed Activities in Non-Agreement States, Areas of Exclusive Federal Jurisdiction, or Offshore Waters.''
General Electric Company, GE-Hitachi Nuclear Energy Americas, LLC, and Global Nuclear Fuel-Americas, LLC; Consideration of Approval of Indirect Transfer of Licenses
The U.S. Nuclear Regulatory Commission (NRC, the Commission) received and is considering approval of an application filed by General Electric Company (GE), GE-Hitachi Nuclear Energy Americas, LLC (GEHA), and Global Nuclear Fuel-Americas, LLC (GNF-A) (together, the Applicants) on May 30, 2023, as supplemented by letters dated June 20 and June 26, 2023. The application seeks NRC approval of the indirect transfer of Facility Operating License No. R-33 for the Nuclear Test Reactor at the Vallecitos Nuclear Center (VNC) in Sunol, California; Possession Only License No. DPR-1 for the Vallecitos Boiling Water Reactor at the VNC; Possession Only License No. DR-10 for the Empire State Atomic Development Associates Vallecitos Experimental Superheat Reactor at the VNC; Possession Only License No. TR-1 for the GE Test Reactor at the VNC; Special Nuclear Material License Nos. SNM-960 and SNM-1270 for the VNC; Special Nuclear Material License No. SNM-1097 for the Wilmington Fuel Manufacturing Facility in Wilmington, North Carolina; Special Nuclear Material License No. SNM-2500 for the Morris Operation Independent Spent Fuel Storage Facility in Grundy County, Illinois, near Morris, Illinois; and Export License Nos. XR135, XSNM1662, XSNM03135, XSNM3398, XCOM1124, XSNM3785, and XSNM3066 from GE, the parent company of the license holders, GEHA and GNF-A, to a recently created wholly-owned subsidiary of GE named GE Vernova, LLC that will then be spun-off and will no longer be part of GE. The application contains sensitive unclassified non-safeguards information (SUNSI).
TMI-2 Solutions, LLC; Three Mile Island Nuclear Station, Unit 2
The U.S. Nuclear Regulatory Commission (NRC) has issued an exemption in response to a request dated May 17, 2023, from TMI-2 Solutions, LLC (TMI-2S), for the Three Mile Island Nuclear Station, Unit 2 (TMI-2), that permits TMI-2S to investigate, trace, and report to the NRC any low-level radioactive waste shipment or part of a shipment for which acknowledgement of receipt is not received by TMI-2S within 45 days after transfer, rather than the 20 day requirement that is currently delineated in the NRC's regulations.
Kewaunee Solutions, Inc.; Kewaunee Power Station
The U.S. Nuclear Regulatory Commission (NRC) has issued an exemption in response to a request dated March 29, 2023, from Kewaunee Solutions, Inc. (Kewaunee Solutions), for the Kewaunee Power Station (KPS) facility, that permits Kewaunee Solutions to investigate, trace, and report to the NRC any low-level radioactive waste shipment or part of a shipment for which acknowledgement of receipt is not received by EnergySolutions, LLC within 45 days of transfer, rather than the 20 day requirement that is currently delineated in the NRC's regulations.
STP Nuclear Operating Company; South Texas Project, Units 1 and 2, and the Associated Independent Spent Fuel Storage Installation; Consideration of Approval of Indirect Transfer of Licenses and Conforming Amendments
The U.S. Nuclear Regulatory Commission (NRC, the Commission) received and is considering approval of an application filed by STP Nuclear Operating Company (STPNOC, the current licensee), acting on behalf of Constellation Energy Generation, LLC (CEG) and NRG South Texas LP (NRG South Texas) and its parent companies, on June 12, 2023. The application seeks NRC approval of the indirect transfer of possession-only non-operating interests in Renewed Facility Operating License Nos. NPF-76 and NPF-80 for South Texas Project (STP), Units 1 and 2, respectively, and its generally licensed independent spent fuel storage installation (ISFSI) from NRG South Texas to CEG and conforming amendments. NRG South Texas currently owns a 44 percent share of STP and holds possession-only rights in the NRC licenses. The application contains sensitive unclassified non-safeguards information (SUNSI).
Information Collection: NRC Form 629, Authorization for Payment by Credit Card
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 629, ``Authorization for Payment by Credit Card.''
Reporting Nuclear Medicine Injection Extravasations as Medical Events
On April 19, 2023, the U.S. Nuclear Regulatory Commission (NRC) solicited feedback on the preliminary proposed rule language and posed specific questions to stakeholders for a rulemaking on the reporting of nuclear medicine injection extravasations as medical events. The public comment period was originally scheduled to close on July 18, 2023. 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.
Regulatory Guide: Performance-Based Containment Leak-Test Program
The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 1 to Regulatory Guide (RG), 1.163, ``Performance-Based Containment Leak-Test Program.'' This RG provides guidance on an acceptable performance-based leak-test program and leakage rate test methods, procedures, and analyses that may be used to comply with ``Option BPerformance-Based Requirements'' in NRC regulations for primary reactor containment leakage testing for water-cooled power reactors.
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.
Information Collection: Suspicious Activity Reporting Using the Protective Web Server
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, ``Suspicious Activity Reporting Using the Protective Web Server.''
Draft NUREG: Revision to Subsequent License Renewal Guidance Documents, and Supplement to Associated Technical Bases Document
The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment three draft NUREGs that provide revised guidance for subsequent license renewal (SLR) and the associated technical bases for the revised guidance documents. The draft NUREGs consist of draft NUREG-2191, ``Generic Aging Lessons Learned for Subsequent License Renewal Report,'' Volumes 1 and 2, Revision 1 (GALL-SLR Report); draft NUREG-2192, ``Standard Review Plan for Review of Subsequent License Renewal Applications for Nuclear Power Plants,'' Revision 1 (SRP-SLR); and draft NUREG-2221, ``Technical Bases for Changes in the Subsequent License Renewal Guidance Documents, NUREG-2191, Revision 1, and NUREG- 2192, Revision 1,'' Supplement 1.
GE-Hitachi Nuclear Energy Americas, LLC; GE-Hitachi Nuclear Test Reactor
The U.S. Nuclear Regulatory Commission (NRC) has issued a renewal of Facility Operating License No. R-33, held by GE-Hitachi Nuclear Energy Americas, LLC (GEH, the licensee), for the continued operation of the Nuclear Test Reactor (NTR, the reactor) for an additional 20 years from the date of issuance. The reactor is located on the Vallecitos Nuclear Center site in Sunol, Alameda County, California. In connection with the renewed license, the licensee is authorized to operate the reactor at a maximum licensed power level of 100 kilowatts-thermal (kWt).
Arizona Public Service Company; Palo Verde Nuclear Generating Station Independent Spent Fuel Storage Installation
The U.S. Nuclear Regulatory Commission (NRC) issued an exemption in response to a request from Arizona Public Service Company. The exemption will allow the licensee to deviate from the requirements for the NAC International, Inc. MAGNASTOR[supreg] Storage System in Certificate of Compliance No. 1031, Amendment No. 7, by utilizing storage cask lids that were not fabricated in accordance with the requirements of two codes issued by the American Concrete Institute (ACI).
Seeks Qualified Candidates for Appointment to the Advisory Committee on Reactor Safeguards
The U.S. Nuclear Regulatory Commission (NRC) seeks qualified candidates for appointment to the Advisory Committee on Reactor Safeguards (ACRS or Committee).
Information Collection: NRC Form 974 Privacy Act Complaint Form
The U.S. Nuclear Regulatory Commission (NRC) has recently submitted a proposed collection of information to the Office of Management and Budget (OMB) for review. The information collection is entitled, NRC Form 974 ``Privacy Act Complaint Form.''
List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewal of Initial Certificate and Amendment Nos. 1 Through 15; Correction
The U.S. Nuclear Regulatory Commission (NRC) is correcting and announcing the effective date for the direct final rule that was published in the Federal Register on February 13, 2023. The direct final rule renews the initial certificate (Amendment 0) and Amendment Nos. 1 through 15 of the Holtec International HI-STORM 100 Certificate of Compliance No. 1014 for 40 years and revises the certificate of compliance's conditions and technical specifications to address aging management activities related to the structures, systems, and components important to safety of the dry storage system to ensure that these will maintain their intended functions during the period of extended storage operations.
Rubidium-82 Generators, Emerging Technologies, and Other Medical Use of Byproduct Material
The U.S. Nuclear Regulatory Commission (NRC) is conducting rulemaking to add requirements for calibration and dosage measurement for certain generator systems and establish performance-based requirements for existing and future emerging medical technologies. The NRC is also considering additional changes to its medical use regulations to accommodate developments in the medical field related to new radiopharmaceuticals and emerging medical technologies. The rulemaking will affect medical licensees who use these technologies and evaluate the current training and experience requirements for emerging medical technologies. The NRC is requesting comments from the public on the regulatory basis for this rulemaking. The NRC plans to hold one or more public meetings during the comment period to promote full understanding of the contemplated action and facilitate public comment.
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