Nuclear Regulatory Commission June 2012 – Federal Register Recent Federal Regulation Documents

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is making available a preliminary draft regulatory basis for a proposed rulemaking that would amend the NRC's regulations concerning the license renewal requirements for non-power reactors. This contemplated rulemaking would also make conforming changes to address technical issues in existing non-power reactor regulations. The NRC is seeking input from the public, licensees, certificate holders, and other stakeholders on the preliminary draft regulatory basis.

On May 17, 2012 (77 FR 29391), the U.S. Nuclear Regulatory Commission (NRC or the Commission) issued for public comment four (4) draft regulatory guides (DGs), DG-1285, ``An Approach for Probabilistic Risk Assessment in Risk-Informed Decisions on Plant-Specific Changes to the Licensing Basis,'' (proposed Revision 3 of Regulatory Guide [RG] 1.174); DG-1286, ``An Approach for Plant-Specific, Risk-Informed Decisionmaking: Inservice Testing,'' (proposed Revision 1 of RG 1.175); DG 1287, ``An Approach for Plant-Specific, Risk-Informed Decisionmaking: Technical Specifications'' (proposed Revision 2 of RG 1.177); and DG-1288, ``An Approach for Plant-Specific Risk-Informed Decisionmaking for Inservice Inspection of Piping'' (proposed Revision 2 of RG 1.178) in the Federal Register for a 30 day public comment period. The NRC is extending the public comment period for these DGs from June 29, 2012 to August 13, 2012. These guides describe methods the NRC staff considers acceptable for plant-specific, risk-informed decisionmaking on specific licensee activities.

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is confirming the effective date of June 22, 2012, for the direct final rule that it published in the Federal Register on May 3, 2012. The direct final rule amended the NRC's access authorization fees charged to licensees for work performed under the Material Access Authorization Program (MAAP) and the Information Access Authority Program (IAAP).

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is issuing for public comment draft regulatory guide (DG), DG-1277, ``Initial Test Program of Emergency Core Cooling Systems for Boiling- Water Reactors.'' This guide describes methods that the NRC staff considers acceptable to implement with regard to initial testing features of emergency core cooling systems (ECCSs) for boiling-water reactors (BWRs).

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending the licensing, inspection, and annual fees charged to its applicants and licensees. The amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended, which requires the NRC to recover through fees approximately 90 percent of its budget authority in fiscal year (FY) 2012, not including amounts appropriated for Waste Incidental to Reprocessing (WIR) and amounts appropriated for generic homeland security activities. Based on the Consolidated Appropriations Act of 2012, signed by President Obama on December 23, 2011, the NRC's required fee recovery amount for the FY 2012 budget is $1,038.1 million. After accounting for billing adjustments, the total amount to be billed as fees to licensees is $901 million.

The U.S. Nuclear Regulatory Commission (NRC or the Commission) has issued renewed facility operating license No. DPR-35 to Entergy Operations Inc. (the licensee), the operator of the Pilgrim Nuclear Power Station (PNPS). Renewed facility operating license No. DPR-35 authorizes operation of PNPS by the licensee at reactor core power levels not in excess of 2,028 megawatts thermal in accordance with the provisions of the PNPS renewed license and its technical specifications. This also serves as the record of decision for the renewal of facility operating license No. DPR-35, consistent with the NRC's regulations.

The U.S. Nuclear Regulatory Commission (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. The NRC published a Federal Register Notice with a 60-day comment period on this information collection on February 9, 2012 (77 FR 6827). 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: NRC Form 7, ``Application for NRC Export or Import License, Amendment, Renewal or Consent Request(s).'' 3. Current OMB approval number: 3150-0027. 4. The form number if applicable: NRC Form 7. 5. How often the collection is required: On occasion; for each separate export, import, amendment, and renewal license or consent request. 6. Who will be required or asked to report: Any person in the U.S. who wishes to export or import (a) nuclear material and equipment or byproduct material subject to the requirements of a specific license; (b) amend a license; (c) renew a license, and (d) for requests for consent to export Category 1 quantities of byproduct material. 7. An estimate of the number of annual responses: 120. 8. The estimated number of annual respondents: 120. 9. An estimate of the total number of hours needed annually to complete the requirement or request: 288. 10. Abstract: Persons in the U.S. wishing to export or import nuclear material or equipment, or byproduct material requiring a specific authorization, amend or renew a license, or wishing to request consent to export Category 1 quantities of byproduct material must file an NRC Form 7 application. The NRC Form 7 application will be reviewed by the NRC and by the Executive Branch, and if applicable statutory, regulatory, and policy considerations are satisfied, the NRC will issue an export, import, amendment, renewal license or notice of consent. The public may examine and have copied for a fee, publicly available documents, including the final supporting statement, at the NRC's Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. OMB clearance requests are available at the NRC's 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 12, 2012. 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. Chad Whiteman, Desk Officer, Office of Information and Regulatory Affairs (3150-0027), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be emailed to Chad_S_Whiteman@omb.eop.gov or submitted by telephone at 202-395-4718. The NRC Clearance Officer is Tremaine Donnell, 301-415-6258.

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is soliciting public comments on a revised draft Revision 1 of its Branch Technical Position on Concentration Averaging and Encapsulation (CA BTP). An earlier draft was completed in August 2011 and made available to the public in September 2011 (ADAMS Accession No. ML112061191). The NRC staff held a workshop in Albuquerque, New Mexico, on October 20, 2011, to receive public comments. This revised draft addresses the stakeholder comments received at the workshop, and others received after the workshop. After receiving and addressing public comments on this revised draft, the staff will finalize the CA BTP to replace the 1995 version now in effect.

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is issuing the draft Japan Lessons-Learned Project Directorate Interim Staff Guidance (JLD-ISG), JLD-ISG-2012-03, ``Compliance With Order EA- 12-051, Order Modifying Licenses With Regard to Reliable Spent Fuel Pool Instrumentation.'' This JLD-ISG provides guidance and clarification to assist nuclear power reactor applicants and licensees with the identification of measures needed to comply with requirements to install enhanced spent fuel pool monitoring capability.

The U.S. Nuclear Regulatory Commission (NRC or the Commission) will consider in the rulemaking process the issues raised in the petition for rulemaking (PRM), PRM-26-7, submitted by the American Academy of Health Care Providers in the Addictive Disorders (the Academy or the petitioner). The petitioner requested that the NRC amend its regulations to include the Academy as one of the organizations authorized to certify a substance abuse expert. The NRC determined that the issues raised in the PRM are appropriate for consideration and will consider them in the ongoing Title 10 of the Code of Federal Regulations (10 CFR) Part 26 Technical Issues rulemaking.