Nuclear Regulatory Commission 2006 – Federal Register Recent Federal Regulation Documents

The NRC has prepared a Final Environmental Assessment as part of its evaluation of a request by FirstEnergy Nuclear Operating Company (FENOC), et al., for a license amendment to increase the maximum rated thermal power at Beaver Valley Power Station, Unit Nos. 1 and 2 (BVPS-1 and 2) from 2689 megawatts-thermal (MWt) to 2900 MWt. This represents a power increase of approximately 8 percent for BVPS-1 and 2. As stated in the NRC staff's position paper dated February 8, 1996, on the Boiling-Water Reactor Extended Power Uprate (EPU) Program, the NRC staff will prepare an environmental impact statement if it believes a power uprate will have a significant impact on the human environment. The NRC staff did not identify any significant impact from the information provided in the licensee's EPU application for BVPS-1 and 2 or from the NRC staff's independent review; therefore, the NRC staff is documenting its environmental review in an environmental assessment (EA). Also, in accordance with the position paper, this Final Environmental Assessment and Finding of No Significant Impact is being published in the Federal Register. The NRC published a Draft Environmental Assessment and Finding of No Significant Impact on the proposed action for public comment in the Federal Register on May 9, 2006 (71 FR 26985). No comments were received.

The U.S. Nuclear Regulatory Commission (NRC) is withdrawing a direct final rule that would have added the Transnuclear, Inc., NUHOMS[supreg]HD cask system to the ``List of Approved Spent Fuel Storage Casks'' to add Certificate of Compliance No. 1030. The NRC is taking this action because it has received significant adverse comments in response to an identical proposed rule which was concurrently published with the direct final rule.

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submission, new, revision, or extension: Revision. 2. The title of the information collection: NRC Form 244, Registration CertificateUse of Depleted Uranium under General License. 3. The form number if applicable: NRC Form 244. 4. How often the collection is required: On occasion. NRC Form 244 is submitted when depleted uranium is received or transferred under general license. Information on NRC Form 244 is collected and evaluated on a continuing basis as events occur. 5. Who will be required or asked to report: Persons receiving, possessing, using, or transferring depleted uranium under the general license established in 10 CFR 40.25(a). 6. An estimate of the number of annual responses: 5 (2 NRC licensees and 3 Agreement State licensees). 7. The estimated number of annual respondents: 5 (2 NRC licensees and 3 Agreement State licensees). 8. The number of hours needed annually to complete the requirement or request: 5 (1 hour per response2 hours for NRC licensees and 3 hours for Agreement State licensees). 9. An indication of whether section 3507(d), Public Law 104-13 applies: Not applicable. 10. Abstract: 10 CFR part 40 establishes requirements for licenses for the receipt, possession, use and transfer of radioactive source and byproduct material. NRC Form 244 is used to report receipt and transfer of depleted uranium under general license, as required by section 40.25. The registration certification information required by NRC Form 244 is necessary to permit the NRC to make a determination on whether the possession, use, and transfer of depleted uranium source and byproduct material is in conformance with the Commission's regulations for protection of public health and safety. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https://www.nrc.gov/public- involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by August 7, 2006. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. John A. Asalone, Office of Information and Regulatory Affairs (3150- 0031), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to JohnA.Asalone@omb.eop.gov or submitted by telephone at (202) 395-4650. The NRC Clearance Officer is Brenda Jo. Shelton, 301-415-7233.

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submission, new, revision, or extension: Revision. 2. The title of the information collection: 10 CFR Part 40, Domestic Licensing of Source Material; and NRC Form 484, Detection Monitoring Data Report. 3. The form number if applicable: NRC Form 484. 4. How often the collection is required: On occasion. Reports required under 10 CFR Part 40 are collected and evaluated on a continuing basis as events occur. There is a one-time submittal of information to receive a license. Renewal applications need to be submitted every 5 to 10 years. Information in previous applications may be referenced without being resubmitted. In addition, recordkeeping must be performed on an on-going basis. NRC Form 484 is submitted biannually to report ground-water data necessary to implement EPA ground-water standards. 5. Who will be required or asked to report: 10 CFR Part 40: Applicants for and holders of NRC licenses authorizing the receipt, possession, use, or transfer of radioactive source and byproduct material. NRC Form 484: Uranium recovery facility licensees reporting ground- water monitoring data pursuant to 10 CFR 40.64. 6. An estimate of the number of annual responses: 894 (273 NRC Licensees [68 NRC responses + 205 NRC Recordkeepers] + 621 Agreement State Licensees [349 Agreement State responses + 272 Agreement State recordkeepers]). 7. The estimated number of annual respondents: 340 licensees (68 for NRC licensees and 272 for Agreement State licensees). 8. An estimate of the total number of hours needed annually to complete the requirement or request: 65,418 total hours [20,769 for NRC Licensees (16,067 hours for reporting and 4,702 hours for recordkeeping) and 44,649 for Agreement State Licensees (26,923 hours for reporting and 17,726 hours for recordkeeping)]. 9. An indication of whether Section 3507(d), Pub. L. 104-13 applies: Not applicable. 10. Abstract: 10 CFR Part 40 establishes requirements for licenses for the receipt, possession, use and transfer of radioactive source and byproduct material. NRC Form 484 is used to report certain groundwater monitoring data required by 10 CFR Part 40 for uranium recovery licensees. The application, reporting and recordkeeping requirements are necessary to permit the NRC to make a determination on whether the possession, use, and transfer of source and byproduct material is in conformance with the Commission's regulations for protection of public health and safety. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve /doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by August 4, 2006. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. John A. Asalone, Office of Information and Regulatory Affairs (3150- 0020), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to JohnA.Asalone@omb.eop.gov or submitted by telephone at (202) 395-4650. The NRC Clearance Officer is Brenda Jo. Shelton, 301-415-7233.

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submission, new, revision, or extension: Revision. 2. The title of the information collection: 10 CFR Part 60 ``Disposal of High-Level Radioactive Wastes in Geologic Repositories.'' 3. The form number if applicable: Not applicable. 4. How often the collection is required: The information need only be submitted one time. 5. Who will be required or asked to report: State or Indian Tribes, or their representatives, requesting consultation with the NRC staff regarding review of a potential high-level radioactive waste geologic repository site, or wishing to participate in a license application review for a potential geologic repository (other than a potential geologic repository site at Yucca Mountain, Nevada, currently under investigation by the U.S. Department of Energy, which is now regulated under 10 CFR part 63). 6. An estimate of the number of annual responses: 1; however none are expected in the next three years. 7. The number of annual respondents: 1; however none are expected in the next three years. 8. An estimate of the total number of hours needed annually to complete the requirement or request: 1; however, none are expected in the next three years. 9. An indication of whether section 3507(d), Public Law 104-13 applies: Not applicable. 10. Abstract: Part 60 requires States and Indian Tribes to submit certain information to the NRC if they request consultation with the NRC staff concerning the review of a potential repository site, or wish to participate in a license application review for a potential repository (other than the Yucca Mountain, Nevada site proposed by the U.S. Department of Energy). Representatives of States or Indian Tribes must submit a statement of their authority to act in such a representative capacity. The information submitted by the States and Indian Tribes is used by the Director of the Office of Nuclear Material Safety and Safeguards as a basis for decisions about the commitment of NRC staff resources to the consultation and participation efforts. As provided in Sec. 60.1, the regulations in 10 CFR. Part 60 no longer apply to the licensing of a geologic repository at Yucca Mountain. All of the information collection requirements pertaining to Yucca Mountain were included in 10 CFR part 63, and were approved by the Office of Management and Budget under control number 3150-0199. The Yucca Mountain site is regulated under 10 CFR part 63 (66 FR 55792, November 2, 2001). A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by August 2, 2006. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date.

The NRC has prepared a final Environmental Assessment as part of its evaluation of a request by R.E. Ginna Nuclear Power Plant, LLC (Ginna LLC) for a license amendment to increase the maximum steady state power level at the R.E. Ginna Nuclear Power Plant (Ginna) from 1520 megawatts thermal (MWt) to 1775 MWt. This represents a power increase of approximately 16.8 percent, which is considered an extended power uprate (EPU). As stated in the NRC staff's position paper dated February 8, 1996, on the Boiling-Water Reactor Extended Power Uprate Program, the NRC staff will prepare an environmental impact statement if it believes a power uprate will have a significant impact on the human environment. The NRC staff did not identify any significant impact from the information provided in the licensee's EPU application for Ginna Station or the NRC staff's independent review; therefore, the NRC staff is documenting its environmental review in an environmental assessment. Also, in accordance with the position paper, the final Environmental Assessment and finding of no significant impact is being published in the Federal Register. The NRC published a draft Environmental Assessment and finding of no significant impact on the proposed action for public comment in the Federal Register on April 12, 2006 (71 FR 18779). One set of comments was received on the draft Environmental Assessment from the New York State Department of Environmental Conservation (NYSDEC) by letter dated May 12, 2006 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML061370627). The comments are discussed in the paragraphs below. Some of the comments provided by the NYSDEC were clarifications and corrections to the draft Environmental Assessment (see comment a, b, c, d, and e in the NYSDEC letter). Based on these comments, the NRC revised the appropriate sections of the final Environmental Assessment. In comment ``f,'' NYSDEC indicated ``based on review of historical data, staff would not characterize impingement and entrainment rates as `minimal,' but would describe them as `lower than most similar sized electrical generating facilities in New York State.' '' The NRC only evaluates environmental impacts at the site and surrounding area that could be affected by the proposed EPU at the facility. Rather than comparing the impacts with other perhaps similar facilities, the NRC staff looks at the overall impact of the affected resource, i.e., aquatic species in Lake Ontario. Our conclusion of ``minimal'' should be interpreted as not having a noticeable impact on the long-term sustainment of aquatic species in Lake Ontario due to entrainment and impingement. This action may have no impact to aquatic species in other parts of New York State; therefore, our analysis does not make such comparison. The comment is noted, but no changes were made to the Environmental Assessment based on this comment. The NYSDEC comments ``g and h'' raised concerns regarding possible unknown synergistic effects of physical and thermal stresses to the cold water species alewife and three-spine stickleback impinged in the Ginna fish return system under the proposed EPU conditions. In addition, NYSDEC recommended the discussion on the fish return system include references to the 316(b) Phase II rule developed by the Environment Protection Agency (EPA). This regulation established Federal requirements applicable to the location, design, construction, and capacity of cooling-water intake structures at existing facilities that exceed a threshold value for water withdrawals. The draft Environmental Assessment did include a discussion on how the new performance standards are designed to significantly reduce impingement and entrainment losses resulting from plant operation, and any site- specific mitigation would result in less impact due to continued plant operation. Currently, the Ginna State Pollutant Discharge Elimination System (SPDES) permit modification application is under technical review by NYSDEC. The SPDES permit modification application incorporated the requirements listed in Subpart J of the EPA 316(b) Phase II rule. Also, Ginna LLC has begun some studies required for compliance with the EPA 316(b) Phase II rule. The NRC staff agrees that implementation of technologies and/or operational procedures required by the EPA 316(b) Phase II rule, with authority delegated to NYSDEC, would further minimize impingement and entrainment losses of all aquatic species (including alewife and three-spine stickleback) at Ginna, under proposed EPU conditions. The comment did not provide any new information; therefore, no changes were made to the Environmental Assessment. NYSDEC comment ``I'' stated that the draft Environmental Assessment did not address ``potential impacts to early life stages of fish entrained into the discharge plume.'' Entrainment applies specifically to aquatic organisms (i.e. early life stage fish and shellfish) that are small enough to pass through a plant's intake debris screens, travel through the cooling system, and be exposed to heat, mechanical and pressure stresses, and possibly biocidal chemicals before being discharged back to the body of water. Early life stage fish (eggs and larvae) not entrained by the plant, but in the nearby water column of Lake Ontario within or near the discharge plume under the proposed conditions, would not be significantly impacted. Ginna is not adjacent to or near habitat features or spawning/nursery areas preferred by or important to local fish. As indicated by NYSDEC, the temperatures injurious to alewife eggs are limited to a small area of the thermal plume (at the mouth of the discharge canal). Comment ``j'' states NYSDEC has received reports of bald eagle sightings in the Wayne County area over the past 3 to 4 years. The reports include observations of first-year immature birds, which indicate bald eagle nesting sites could be closer to the Ginna site than originally analyzed. In addition, NYSDEC states the closest verified nest is located in the Northern Montezuma Wildlife Management Area, approximately 30 miles away from the Ginna site. The NRC staff spoke with the staff of the U.S. Fish and Wildlife Service, Montezuma National Wildlife Refuge office, who verified there are nesting sites in the southern area of the refuge and possibly in the northern area. Based on this new information, the NRC staff believes bald eagle nesting sites are closer (30 miles) to the Ginna site than originally analyzed (55 miles). However, the staff believes the conclusion that the bald eagle will not likely be impacted by the proposed EPU, is still valid, and no changes to the Environmental Assessment are warranted. NYSDEC also expressed concerns on possible radiological impacts to threatened and endangered species due to the proposed EPU. EPA standards (40 CFR Part 190, 40 FR 23420) concluded that environmental radiation standards developed by the nuclear power industry are adequate to protect the overall ecosystem. At this time, there is no evidence that there is any biological species sensitive enough to warrant a greater level of protection than that which is determined to be adequate for man. As a result of the proposed EPU, the radiation levels in many plant areas are expected to increase up to approximately 17%. The radiological impacts section of the Environmental Assessment provides a detailed analysis of potential impacts related to radiation. The NRC staff concluded all radiological doses were below regulatory limits and found no significant impact due to the proposed EPU.

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a current valid OMB control number. 1. Type of submission, new, revision, or extension: Revision. 2. The title of the information collection: 10 CFR part 150, ``Exemptions and Continued Regulatory Authority in Agreement States and in Offshore Waters under Section 274.'' 3. The form number if applicable: Not applicable. 4. How often the collection is required: 10 CFR 150.16(b), 150.17(c), and 150.19(c) require the submission of reports following specified events, such as the theft or unlawful diversion of licensed radioactive material. The source material inventory reports required under 10 CFR 150.17(b) must be submitted annually by certain licensees. 5. Who is required or asked to report: Agreement State licensees authorized to possess source or special nuclear material at certain types of facilities, or at any one time and location in greater than specified amounts. In addition, persons engaging in activities in non- Agreement States, in areas of exclusive Federal jurisdiction within Agreement States, or in offshore waters. 6. An estimate of the number of responses: 12. 7. The estimated number of annual respondents: 10. 8. The number of hours needed annually to complete the requirement or request: 35 hours. 9. An indication of whether section 3507(d), Public Law 104-13 applies: Not applicable. 10. Abstract: 10 CFR part 150 provides certain exemptions from NRC regulations for persons in Agreement States. Part 150 also defines activities in Agreement States and in offshore waters over which NRC regulatory authority continues, including certain information collection requirements. The information is needed to permit NRC to make reports to other governments and the International Atomic Energy Agency in accordance with international agreements. The information is also used to carry out NRC's safeguards and inspection programs. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by July 31, 2006. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date.

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submission, new, revision, or extension: Revision. 2. The title of the information collection: 10 CFR part 140, ``Financial Protection Requirements and Indemnity Agreements.'' 3. The form number if applicable: N/A. 4. How often the collection is required: As necessary in order for NRC to meet its responsibilities called for in sections 170 and 193 of the Atomic Energy Act of 1954, as amended (the Act). 5. Who will be required or asked to report: Licensees authorized to operate reactor facilities in accordance with 10 CFR part 50 and licensees authorized to construct and operate a uranium enrichment facility in accordance with 10 CFR parts 40 and 70. 6. An estimate of the number of annual responses: 151. 7. The estimated number of annual respondents: 91. 8. An estimate of the total number of hours needed annually to complete the requirement or request: 1,307. 9. An indication of whether section 3507(d), Public Law 104-13 applies: N/A. 10. Abstract: 10 CFR part 140 of the NRC's regulations specifies information to be submitted by licensees to enable the NRC to assess (a) the financial protection required of licensees and for the indemnification and limitation of liability of certain licensees and other persons pursuant to section 170 of the Atomic Energy Act of 1954, as amended, and (b) the liability insurance required of uranium enrichment facility licensees pursuant to section 193 of the Atomic Energy Act of 1954, as amended. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by July 31, 2006. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date.

The Nuclear Regulatory Commission (NRC) is confirming the effective date of June 27, 2006, for the direct final rule that appeared in the Federal Register of April 13, 2006 (71 FR 19102). This direct final rule amended the NRC's regulations that govern the export and import of nuclear material and equipment concerning the use of NRC Form 7, ``Application for NRC Export/Import License, Amendment, or Renewal.'' Recently, the Commission revised NRC Form 7 to consolidate all license requests (i.e., applications for export, import, combined export/import, amendments and renewals) in one application form. Previously, NRC Form 7 was used only for applications for export of nuclear material and equipment. Import license applications, and production or utilization facility export applications, and license amendment and renewal applications were filed by letter. As a result of the revision, these requests, previously made by letter, now will be made using NRC Form 7. The purpose of this rule change is to amend the regulations that govern export and import of nuclear material and equipment to reflect the consolidation of all license requests in one application, NRC Form 7, as revised. This document confirms the effective date.