Nuclear Regulatory Commission July 2021 – Federal Register Recent Federal Regulation Documents
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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 7 rulemaking activities since our complete Agenda was issued online at the Office of Management and Budget's website at https://www.reginfo.gov on December 9, 2020. This issuance of our Agenda contains 34 active and 20 long-term rulemaking activities: 3 are Economically Significant; 15 represent Other Significant agency priorities; 34 are Substantive, Nonsignificant rulemaking activities; and 2 are Administrative rulemaking activities. In addition, 3 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 March 31, 2021.
Spent Fuel Reprocessing
The U.S. Nuclear Regulatory Commission (NRC) is discontinuing a rulemaking activity that would have amended the NRC's regulations to add a new part to the existing regulatory framework specific to nuclear spent fuel reprocessing facilities. The purpose of this action is to inform members of the public that this rulemaking activity is being discontinued and to provide a brief discussion of the NRC's decision. This rulemaking activity will no longer be reported in the NRC's portion of the Unified Agenda of Regulatory and Deregulatory Actions (the Unified Agenda).
Evaluating the Habitability of a Nuclear Power Plant Control Room During a Postulated Hazardous Chemical Release
The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft regulatory guide (DG), DG-1387, ``Evaluating the Habitability of a Nuclear Power Plant Control Room during a Postulated Hazardous Chemical Release.'' This DG is a proposed Revision 2 to Regulatory Guide (RG) 1.78, which describes an approach that is acceptable to the NRC staff to meet regulatory requirements for evaluating the habitability of a nuclear power plant control room during a postulated hazardous chemical release. Releases of hazardous chemicals, onsite or off-site, can result in the nearby control room becoming uninhabitable.
Duke Energy Carolinas, LLC; Duke Energy; Oconee Nuclear Station, Units 1, 2, and 3
The U.S. Nuclear Regulatory Commission (NRC) is considering an application for the subsequent license renewal of Renewed Facility Operating License Nos. DPR-38, DPR-47, and DPR-55, which authorize Duke Energy Carolinas, LLC (Duke Energy or the applicant) to operate Oconee Nuclear Station (ONS), Units 1, 2, and 3. The renewed licenses would authorize the applicant to operate ONS for an additional 20 years beyond the period specified in each of the current renewed licenses. The current renewed operating licenses for ONS expire as follows: Unit 1 on February 6, 2033, Unit 2 on October 6, 2033, and Unit 3 on July 19, 2034.
Information Collection: Tribal Participation in the Advance Notification Program
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, ``Tribal Participation in the Advance Notification Program.''
Information Collection: General Domestic Licenses for Byproduct Material
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, ``General Domestic Licenses for Byproduct Material.''
Revisions to Reprocessing Plant Components for Export
The U.S. Nuclear Regulatory Commission (NRC) is amending its export regulations pertaining to the illustrative list of reprocessing plant components under the NRC's export licensing authority. This final rule is necessary to conform the export controls of the United States to the international export control guidelines of the Nuclear Suppliers Group, of which the United States is a member. These changes will align the NRC's requirements with the current version of the International Atomic Energy Agency's (IAEA) document, ``Guidelines for Nuclear Transfers'' (INFCIRC/254/Part 1/Revision 14).
Florida Power and Light Company; St. Lucie Plant, Unit No. 2
The U.S. Nuclear Regulatory Commission (NRC, or the Commission) has issued an exemption in response to a March 17, 2021, request from Florida Power and Light (FPL or the licensee). The approval permits a one-time schedular exemption to allow submittal of a license renewal application for the St. Lucie, Unit No. 2 facility earlier than 20 years before the expiration of the operating license, which expires on April 6, 2043.
Receipts-Based NRC Size Standards
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its small business size standards, which are used to qualify an NRC licensee as a ``small entity'' under the Regulatory Flexibility Act of 1980, as amended (RFA). The purpose of these size standards is for reducing annual NRC license fees for small entities. These standards do not apply to NRC contracting for goods and services. The NRC is proposing to increase the upper and lower tiers for its receipts-based small entity size standards for small businesses and small not-for- profit organizations. This change will allow NRC standards to remain consistent with the inflation adjustments made by the Small Business Administration (SBA) size standard for nonmanufacturing concerns. In addition, in accordance with the Small Business Runway Extension Act of 2018 (Runway Act), the NRC is proposing to change the calculation of annual average receipts for the receipts-based NRC size standard for small businesses that provide a service or small businesses not engaged in manufacturing from a 3-year averaging period to a 5-year averaging period. The public is invited to submit comments on this proposed rule.
Advanced Manufacturing Technologies Subtask 2A
The U.S. Nuclear Regulatory Commission (NRC) is issuing the final document entitled, ``Implementation of Quality Assurance Criteria and 10 CFR 50.59 for Nuclear Power Plant Components Produced Using Advanced Manufacturing Technologies.''
Implementation of Aging Management Requirements for Spent Fuel Storage Renewals
The U.S. Nuclear Regulatory Commission (NRC) is issuing a new Regulatory Guide (RG) 3.76 (Revision 0), ``Implementation of Aging Management Requirements for Spent Fuel Storage Renewals.'' This new guidance describes an approach that is acceptable to the staff of the NRC to meet the regulatory requirements for spent fuel storage renewals. It addresses requirements for the renewal of specific licenses for independent spent fuel storage installations (ISFSIs) and certificates of compliance (CoCs) for spent fuel storage cask designs pursuant to NRC requirements.
Holtec Decommissioning International, LLC; Indian Point Nuclear Generating, Unit Nos. 1, 2, and 3; Post-Shutdown Decommissioning Activities Report
On June 24, 2021, the U.S. Nuclear Regulatory Commission (NRC) noticed receipt of, and solicited public comments on, the post-shutdown decommissioning activities report (PSDAR) for the Indian Point Nuclear Generating, Unit Nos. 1, 2, and 3 (Indian Point Energy Center (IPEC)), submitted by Holtec Decommissioning International, LLC (HDI). The PSDAR, which includes the site-specific decommissioning cost estimate (DCE), provides an overview of HDI's planned activities, schedule, projected costs, and environmental impacts for the decommissioning of the IPEC. The NRC will hold a public meeting to discuss the PSDAR and DCE and to receive comments.
Virginia Electric Power Company; North Anna Power Station, Units 1 and 2
The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Facility Operating License Nos. NPF-4 and NPF-7, issued to Virginia Electric Power Company (VEPCO), for operation of the North Anna Power Station, Units 1 and 2. The proposed amendment would add a new requirement to isolate Primary Grade water from the reactor coolant system within 1 hour following a reactor shutdown from Mode 2. Additionally, it would make an editorial change to Technical Specification (TS) 5.6.5, ``Core Operating Limits Report (COLR).''
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. This monthly notice includes all amendments issued, or proposed to be issued, from May 27, 2021, to June 24, 2021. The last monthly notice was published on June 15, 2021.
Advisory Committee on the Medical Uses of Isotopes: Reschedule of Public Meeting
The U.S. Nuclear Regulatory Commission (NRC) has rescheduled the public teleconference meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) previously scheduled for July 15, 2021. The meeting notice, published in the Federal Register on June 17, 2021 (86 FR 32285), is being reissued to inform public stakeholders that the ACMUI meeting will now be held on September 2, 2021. The meeting agenda and any updates are available at https://www.nrc.gov/ reading-rm/doc-collections/acmui/meetings/2021.html or by emailing Ms. Kellee Jamerson at the contact information below. The agenda is subject to change.
Systematic Assessment for How the NRC Addresses Environmental Justice in Its Programs, Policies, and Activities
The U.S. Nuclear Regulatory Commission (NRC) is requesting comments as part of its systematic review for how NRC programs, policies, and activities address environmental justice. Specifically, the NRC would like input on how the agency is addressing environmental justice, considering the agency's mission and statutory authority. The information will be used to inform the agency's assessment of how it addresses environmental justice.
Exelon Generation Company, LLC; Braidwood Station, Units 1 and 2
The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of amendments to Renewed Facility Operating License Nos. NPF- 72 and NPF-77, that were issued to Exelon Generation Company, LLC, (licensee) for operation of the Braidwood Station, Units 1 and 2. The proposed amendments are contained in the licensee's letter dated May 27, 2021, and would change technical specifications (TSs) surveillance requirement (SR) 3.7.9.2 to allow an ultimate heat sink (UHS) temperature of less than or equal to 102.8 degrees Fahrenheit ([deg]F) until September 30, 2021.
Replacement Energy Cost Estimates for Nuclear Power Plants: 2020-2030
The U.S. Nuclear Regulatory Commission (NRC) is issuing NUREG- 2242, ``Replacement Energy Cost Estimates for Nuclear Power Plants: 2020-2030.'' This report updates previous estimates of replacement energy costs for potential shutdowns of U.S. nuclear electricity- generating units due to a temporary power reactor outage to implement safety modifications or the loss of generation associated with a possible severe reactor accident. The final NUREG largely, is unchanged from the draft issued for public comment but has been revised to reflect the recent change to retirement dates for Byron Units 1 and 2, and Dresden Units 2 and 3.
In the Matter of NorthStar Nuclear Decommissioning Company, LLC, NorthStar Vermont Yankee, LLC, ADP CR3, LLC, and Duke Energy Florida, LLC, Vermont Yankee Nuclear Power Station and Independent Spent Fuel Storage Installation, Crystal River Unit 3 Nuclear Generating Plant and Independent Spent Fuel Storage Installation
The U.S. Nuclear Regulatory Commission (NRC) is issuing an Order approving the application dated November 19, 2020, as supplemented by letter dated April 13, 2021, filed by NorthStar Nuclear Decommissioning Company, LLC (NNDC) and ADP CR3, LLC (ADP CR3), on behalf of themselves, NorthStar Vermont Yankee, LLC (NVY), and their corporate parents related to NorthStar Group Services, Inc (NorthStar). The application sought NRC consent to the indirect transfer of (1) NNDC's licensed authority under, and NVY's licensed ownership of, Renewed Facility Operating License No. DPR-28 for the Vermont Yankee Nuclear Power Station (Vermont Yankee) and the general license for the Vermont Yankee independent spent fuel storage installation (ISFSI); and (2) ADP CR3's licensed authority under Facility Operating License No. DPR-72 for the Crystal River Unit 3 Nuclear Generating Plant (CR3) and the general license for the CR3 ISFSI. Duke Energy Florida, LLC (DEF) will remain the licensed owner of CR3, and the application does not involve any direct or indirect transfer of DEF's license or responsibilities. No physical changes to the Vermont Yankee or CR3 facilities or operational changes were proposed in the application. The application requested NRC consent to these indirect transfers in order to complete an internal reorganization with new intermediary holding companies that would acquire control of NorthStar.
Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information
The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of two amendment requests. The amendment requests are for Perry Nuclear Power Plant, Unit 1 and Three Mile Island Nuclear Station, Unit 1. 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) and safeguards information (SGI), an order imposes procedures to obtain access to SUNSI and SGI for contention preparation by persons who file a hearing request or petition for leave to intervene.
Information Collection: NRC Online Form, Request for Alternatives
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 Online Form, ``Request for Alternatives.''
NuScale Small Modular Reactor Design Certification
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to certify the NuScale standard design for a small modular reactor. Applicants or licensees intending to construct and operate a NuScale standard design may do so by referencing this design certification rule. The applicant for certification of the NuScale standard design is NuScale Power, LLC. The public is invited to submit comments on this proposed rule.
Advanced Boiling Water Reactor (ABWR) Design Certification Renewal
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to renew the U.S. Advanced Boiling Water Reactor standard design certification. Applicants or licensees intending to construct and operate a U.S. Advanced Boiling Water Reactor standard design may do so by referencing this design certification rule. The applicant for the renewal of the U.S. Advanced Boiling Water Reactor standard design certification is General Electric-Hitachi Nuclear Energy Americas, LLC. The NRC invites public comment on this proposed rule and environmental assessment.
Advanced Boiling Water Reactor (ABWR) Design Certification Renewal
The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to renew the U.S. Advanced Boiling Water Reactor standard design certification. Applicants or licensees intending to construct and operate a U.S. Advanced Boiling Water Reactor standard design may do so by referencing this design certification rule. The applicant for the renewal of the U.S. Advanced Boiling Water Reactor standard design certification is General Electric-Hitachi Nuclear Energy Americas, LLC.
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