Nuclear Regulatory Commission 2023 – Federal Register Recent Federal Regulation Documents
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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.
Miscellaneous Corrections
The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make miscellaneous corrections. These changes include updating organizational information, revising an address, and correcting reference, spelling, and grammatical errors. The amendments also make updates to replace gendered terms with inclusive, gender- neutral language. This document is necessary to inform the public of these non-substantive amendments to the NRC's regulations.
Information Collection: NRC Forms 366, 366A, and 366B, Licensee Event Report
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 Forms 366, 366A, and 366B, Licensee Event Report.''
Kairos Power, LLC; Hermes Test Reactor; Environmental Impact Statement; Notice of Availability
The U.S. Nuclear Regulatory Commission (NRC) is issuing a final Environmental Impact Statement (EIS), NUREG-2263, ``Environmental Impact Statement for the Construction Permit for the Kairos Hermes Test Reactor: Final Report.'' The NRC staff is issuing a final EIS as part of the review of the application submitted by Kairos Power, LLC (Kairos) for a construction permit (CP). The Hermes test reactor is proposed to be built in the City of Oak Ridge, Tennessee.
Regulatory Guide: Use of ARCON Methodology for Calculation of Accident-Related Offsite Atmospheric Dispersion Factors
The U.S. Nuclear Regulatory Commission (NRC) is issuing a new Regulatory Guide (RG) 1.249 (Revision 0), ``Use of ARCON Methodology for Calculation of Accident-Related Offsite Atmospheric Dispersion Factors.'' This new RG describes an approach for reactor applicants and licensees for determining atmospheric relative concentration ([chi]/Q) values in support of modeling onsite releases to offsite boundaries from a design-basis accident. Also, this RG implements the methodology in RG 1.194, ``Atmospheric Relative Concentrations for Control Room Radiological Habitability Assessments at Nuclear Power Plants,'' for offsite dose locations at boundaries.
American Society of Mechanical Engineers 2021-2022 Code Editions
The U.S. Nuclear Regulatory Commission (NRC) is correcting the preamble of a proposed rule that was published in the Federal Register on August 8, 2023, to amend its regulations to incorporate by reference the 2021 Edition of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code and the 2022 Edition of the American Society of Mechanical Engineers Operation and Maintenance of Nuclear Power Plants, Division 1: OM Code: Section IST, for nuclear power plants. This action is necessary to correct an editorial error to include reference to missing standards.
Regulatory Guide: Volcanic Hazards Assessment for Proposed Nuclear Power Reactor Sites
The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 1 to Regulatory Guide (RG) 4.26 ``Volcanic Hazards Assessment for Proposed Nuclear Power Reactor Sites,'' to restore text and a Section heading inadvertently omitted from Section C, ``Staff Regulatory Guidance,'' of Revision 0. The restored text appeared in the draft guide released for public comment. In addition, there is a minor update of the Paperwork Reduction Act text in the RG. The changes do not represent substantive changes in the NRC staff's regulatory positions.
Level 3 Probabilistic Risk Assessment Project Documentation (Volume 4)
The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft report on the Level 3 Probabilistic Risk Assessment (PRA) project; specifically, ``Volume 4: Overview of Reactor, At-Power, Level 1, 2, and 3 PRAs for Internal Fires, Seismic Events, and High Winds.''
NuScale Power, LLC; Carbon Free Power Project
The Nuclear Regulatory Commission (NRC, the Commission) has received a limited work authorization (LWA) application from Carbon Free Power Project, (CFPP) LLC to conduct certain early construction activities at the Idaho National Laboratory (INL) for which either a construction permit or a combined license would otherwise be required.
Order Suspending General License Authority To Export Special Nuclear Material, Source Material, and Deuterium for Nuclear End Use to the People's Republic of China
The U.S. Nuclear Regulatory Commission (NRC) is issuing an Order suspending the general license authority under NRC regulations to export special nuclear material, source material, and deuterium for nuclear end use to the People's Republic of China. Exporters are no longer authorized to use the general license to export special nuclear material, source material, or deuterium for nuclear end use to the People's Republic of China and now must apply for a specific license in accordance with NRC regulations.
Discontinuation of the State of New York's Sealed Source and Device Evaluation and Approval Authority
Notice is hereby given that effective August 9, 2023, the U.S. Nuclear Regulatory Commission (NRC) has assumed regulatory authority to evaluate and approve sealed source and device (SS&D) applications in the State of New York and approved the Governor of the State of New York's request to relinquish this authority.
Energy Harbor Corp.; Energy Harbor Generation LLC.; Energy Harbor Nuclear Corp.; Perry Nuclear Power Plant, Unit 1
The U.S. Nuclear Regulatory Commission (NRC) has received an application for the renewal of Facility Operating License No. NPF-58, which authorizes Energy Harbor Nuclear Corp. (Energy Harbor or the applicant), doing business as Energy Harbor Nuclear Generation LLC., to operate Perry Nuclear Power Plant (PNPP), Unit 1. The renewed license would authorize the applicant to operate PNPP for an additional 20 years beyond the period specified in the current license. The current operating license for PNPP expires November 7, 2026.
Draft NUREG: Revision to Subsequent License Renewal Guidance Documents, and Supplement to Associated Technical Bases Document; Correction
The U.S. Nuclear Regulatory Commission (NRC) is correcting a notice that was published in the Federal Register (FR) on July 11, 2023, requesting public comment on three draft NUREGs that provide revised guidance for subsequent license renewal and the associated technical bases for the revised guidance documents. This action is necessary to correct tables within the Draft NUREG-2192, ``Standard Review Plan for Review of Subsequent License Renewal Applications for Nuclear Power Plants, Draft Report for Comment,'' Revision 1.
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.
American Society of Mechanical Engineers 2021-2022 Code Editions
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to incorporate by reference the 2021 Edition of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code and the 2022 Edition of the American Society of Mechanical Engineers Operation and Maintenance of Nuclear Power Plants, Division 1: OM Code: Section IST, for nuclear power plants. This action is in accordance with the NRC's policy to periodically update the regulations to incorporate by reference new editions of the American Society of Mechanical Engineers Codes and is intended to maintain the safety of nuclear power plants and to make NRC activities more effective and efficient. This amendment also incorporates editorial changes that do not change the technical information.
Southern Nuclear Operating Company; Vogtle Electric Generating Plant, Unit 2
The U.S. Nuclear Regulatory Commission (NRC) has issued an exemption in response to a request dated June 30, 2022, as supplemented by letters dated September 13, 2022, and January 20, and May 5, 2023, from Southern Nuclear Operating Company to allow the use of AXIOM fuel rod cladding material in lead test assemblies 7ST1, 7ST2, 7ST3, and 7ST4, for up to two cycles of operation at Vogtle Electric Generating Plant, Unit 2.
Southern Nuclear Operating Company; Vogtle Electric Generating Plant, Units 1 and 2
The U.S. Nuclear Regulatory Commission (NRC) has issued an exemption in response to a request dated June 30, 2022, as supplemented by letters dated September 13, 2022, and January 20 and May 5, 2023, from Southern Nuclear Operating Company to allow the use of lead test assemblies (LTAs) 7ST1, 7ST2, 7ST3, and 7ST4, each with four fuel rods with a maximum nominal Uranium 235 (U-235) enrichment of up to six percent by weight for up to two cycles of operation at Vogtle Electric Generating Plant, Unit 2, and to receive, inspect, and store the LTAs at Vogtle, Units 1 and 2.
Southern Nuclear Operating Company; Vogtle Electric Generating Plant, Unit 2
The U.S. Nuclear Regulatory Commission (NRC) has issued an exemption in response to a request dated June 30, 2022, as supplemented by letters dated September 13, 2022, and January 20, and May 5, 2023, from Southern Nuclear Operating Company to allow the use of AXIOM fuel rod cladding material in lead test assemblies 7ST1, 7ST2, 7ST3, and 7ST4, for up to two cycles of operation at Vogtle Electric Generating Plant, Unit 2.
Use of GovDelivery Subscription Services for Non-Power Production and Utilization Facilities Correspondence
The U.S. Nuclear Regulatory Commission (NRC) is issuing this document to inform the public that, as of April 13, 2023, publicly available non-power production and utilization facilities (NPUFs) correspondence originating from the NRC Office of Nuclear Reactor Regulation (NRR), Division of Advanced Reactors and Non-Power Production and Utilization Facilities (DANU) will be transmitted by a digital communications platform, GovDelivery, as an electronic mail distribution system, to addressees and subscribers. This change does not affect the ability of any members of the public to obtain official agency records in the NRC's Agencywide Documents Access and Management System (ADAMS).
Information Collection: IAEA Design Information Questionnaire Forms
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, ``IAEA Design Information Questionnaire Forms.''
NuScale Power, LLC
The U.S. Nuclear Regulatory Commission (NRC) has accepted for docketing an application for standard design approval (SDA) of the US460 Small Modular Reactor (SMR) design submitted by NuScale Power, LLC (NuScale). The NRC is requesting comment on the SDA application in accordance with NRC regulations.
Kairos Power, LLC; Receipt of Construction Permit Application
The U.S. Nuclear Regulatory Commission (NRC) is providing public notice of receipt and availability of an application for construction permits for a two-unit reactor facility from Kairos Power, LLC. The application for the construction permits was received on July 14, 2023.
List of Approved Spent Fuel Storage Casks: NAC Multi-Purpose Canister (NAC-MPC) System, Certificate of Compliance No. 1025, Renewal of Initial Certificate and Amendment Numbers 1 Through 8
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage regulations by revising the NAC Multi- Purpose Canister (NAC-MPC) System listing within the ``List of approved spent fuel storage casks'' to renew, for 40 years, the initial certificate and Amendment Nos. 1 through 8 of Certificate of Compliance No. 1025. The renewal of the initial certificate and Amendment Nos. 1 through 8 would revise 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.
List of Approved Spent Fuel Storage Casks: NAC Multi-Purpose Canister (NAC-MPC) System, Certificate of Compliance No. 1025, Renewal of Initial Certificate and Amendment Numbers 1 Through 8
The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the NAC Multi-Purpose Canister (NAC-MPC) System listing within the ``List of approved spent fuel storage casks'' to renew, for 40 years, the initial certificate and Amendment Nos. 1 through 8 of Certificate of Compliance No. 1025. The renewal of the initial certificate and Amendment Nos. 1 through 8 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.
Rare Element Resources, Inc.; Upton Pilot Project
The U.S. Nuclear Regulatory Commission (NRC) has issued Source Material License No. SUA-1603 to Rare Element Resources, Inc. (RER, the licensee) for its possession, and storage of source material in a pilot project for the recovery of rare earth elements (REE). The pilot project, partially funded by the U.S. Department of Energy, is being conducted at a location in Upton, Wyoming to demonstrate the effectiveness of the licensee's proprietary process to recover rare earth element such as Neodymium-Praseodymium (NdPr) and other rare earth oxides at high purity levels. The project is scheduled to operate for approximately one year, processing approximately 1000 tons of material. Waste generated as a result of processing will contain greater than 99 percent of the radioactive components and will be treated and solidified onsite and then shipped offsite to a licensed low level waste facility. The site will be decommissioned at the end of the pilot project.
Proposed Revision to Standard Review Plan Section 15.0, “Introduction-Transient and Accident Analyses”
The U.S. Nuclear Regulatory Commission (NRC) is soliciting public comment on draft NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,'' Section 15.0, Revision 4, ``IntroductionTransient and Accident Analyses.'' The NRC seeks comments on the proposed draft section revision of the Standard Review Plan (SRP), concerning the evaluation of the safety of a nuclear power plant that requires analyses of the plant's responses to postulated equipment failures or malfunctions. Such analyses help to determine the limiting conditions for operation, limiting safety system settings, and design specifications for components and systems to protect public health and safety.
Southern Nuclear Operating Company, Inc.; Vogtle Electric Generating Plant, Unit 4; Operation Under a Combined License
The U.S. Nuclear Regulatory Commission (NRC) found pursuant to its regulations that the acceptance criteria in the combined license for Vogtle Electric Generating Plant (VEGP), Unit 4 are met. Because of this action, operation of the facility is allowed in accordance with the terms and conditions of the license.
Information Collection: Medical Use of Byproduct Material
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, ``Medical Use of Byproduct Material.''
Information Collection: Requests to Federally Recognized Indian Tribes for Information; Correction
The U.S. Nuclear Regulatory Commission (NRC) is correcting a notice that was published in the Federal Register (FR) on July 25, 2023, regarding submission of the renewal of an existing collection of information to the Office of Management and Budget (OMB) for review. This action is necessary to correct the number of anticipated responses and respondents to the information collection.
Sensor Concepts & Applications, Inc.
The U.S. Nuclear Regulatory Commission (NRC) has renewed Special Nuclear Materials (SNM) License No. SNM-2017, to Sensor Concepts & Applications, Inc. (SCA, the licensee) located in Glen Arm, Maryland. The renewed license authorizes SCA to continue to possess and use SNM for a period of 10 years and will expire on July 26, 2033.
Applications for Amendments to Facility Operating Licenses Involving Proposed No Significant Hazards Consideration(s) and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information
The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of two amendment requests. The amendment requests are for Millstone Power Station, Unit 3. For each amendment request, the NRC proposes to determine that it involves no significant hazards consideration (NSHC). Because each amendment request contains sensitive unclassified non-safeguards information (SUNSI), an order imposes procedures to obtain access to SUNSI for contention preparation by persons who file a hearing request or petition for leave to intervene.
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.''
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