Nuclear Regulatory Commission – Federal Register Recent Federal Regulation Documents
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Revision of Fee Schedules; Fee Recovery for Fiscal Year 2022
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend the licensing, inspection, special project, and annual fees charged to its applicants and licensees. These proposed amendments are necessary to implement the Nuclear Energy Innovation and Modernization Act, which requires the NRC to recover, to the maximum extent practicable, approximately 100 percent of its annual budget less certain amounts excluded from this fee-recovery requirement. In addition, on August 20, 2021, the Chief Financial Officer granted a public interest exemption from the provisions in the fiscal year 2021 final fee rule that required fees for import and export licensing actions. Therefore, this proposed rule would not assess fees for import and export licensing activities in fiscal year 2022.
Idaho State University
The U.S. Nuclear Regulatory Commission (NRC) staff has received, a revised application from Idaho State University (ISU or the licensee) to renew Special Nuclear Materials (SNM) License No. SNM- 1373. The renewed license would authorize the applicant to continue to use SNM in greater than critical mass quantities for education, research, and training programs at its campus in Pocatello, Idaho. This license renewal, if approved, would authorize ISU to continue to possess and use SNM under NRC regulations for 10 years beyond its current license.
Design-Basis Floods for Nuclear Power Plants
The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft regulatory guide (DG), DG-1290, ``Design Basis Floods for Nuclear Power Plants.'' This DG is proposed Revision 3 of Regulatory Guide (RG) 1.59. DG-1290 proposes methods that the NRC staff considers acceptable for use in the determination of design-basis floods for nuclear power plants (NPPs).
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 January 7, 2022, to February 3, 2022. The last monthly notice was published on January 25, 2022.
Notice of Intent To Conduct Scoping Process and Prepare Environmental Impact Statement; Kairos Energy, LLC, Kairos Test Reactor
The U.S. Nuclear Regulatory Commission (NRC) will conduct a scoping process to gather information necessary to prepare an environmental impact statement (EIS) to evaluate the environmental impacts for a construction permit (CP) requested by Kairos Power, LLC. The NRC is seeking public comment on this action and has scheduled a joint public outreach and public scoping meeting.
Information Collection: Domestic Licensing of Source 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, ``Domestic Licensing of Source Material.''
Information Collection: NRC Form 664, “General Licensee Registration”
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 664, ``General Licensee Registration.''
NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center Independent Spent Fuel Storage Installation
The U.S. Nuclear Regulatory Commission (NRC) has issued an exemption to NextEra Energy Duane Arnold, LLC (NEDA), for the Duane Arnold Energy Center (DAEC) Independent Spent Fuel Storage Installation (ISFSI). The exemption allows a failed fuel can (FFC) and its contents at DAEC to exceed the limits specified in Table 1-1t in Appendix B, Technical Specifications, of NRC Certificate of Compliance (CoC) No. 1004, Renewed Amendment No. 17.
Issuance of Multiple Exemptions in Response to COVID-19 Public Health Emergency
The U.S. Nuclear Regulatory Commission (NRC) issued five exemptions in response to requests from four licensees for relief due to the coronavirus 2019 disease (COVID-19) public health emergency (PHE). The exemptions afford these licensees temporary relief from certain requirements under NRC regulations. The NRC is issuing a single notice to announce the issuance of the exemptions.
Receipts-Based NRC Size Standards
The U.S. Nuclear Regulatory Commission (NRC) is amending 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. The purpose of these size standards is for reducing annual NRC license fees for small entities. These standards do not apply to the NRC's contracts for goods and services. The NRC is increasing the upper and lower tiers for its receipts-based small entity size standards for small businesses and small not-for-profit organizations. This change allows NRC standards to remain consistent with the inflation adjustments made by the Small Business Administration size standard for nonmanufacturing concerns. In addition, in accordance with the Small Business Runway Extension Act of 2018, the NRC is changing 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.
University of Massachusetts Lowell; University of Massachusetts Lowell Research Reactor
The U.S. Nuclear Regulatory Commission (NRC) has issued a renewal of Facility Operating License No. R-125, held by the University of Massachusetts Lowell (UML, the licensee), for the continued operation of the University of Massachusetts Lowell Research Reactor (UMLRR) for an additional 20 years from the date of issuance. The facility is located on the UML campus in Lowell, Massachusetts.
Information Collection: NRC Form 655, “EEO Counselor's Report”
The U.S. Nuclear Regulatory Commission (NRC) invites public comment on this proposed information collection. The information collection is entitled, NRC Form 655, ``EEO Counselor's Report.''
Information Collection: NRC Form 646, “Formal Discrimination Complaint”
The U.S. Nuclear Regulatory Commission (NRC) invites public comment on this proposed information collection. The information collection is entitled, NRC Form 646, ``Formal Discrimination Complaint.''
Kairos Power, LLC
The U.S. Nuclear Regulatory Commission (NRC) is providing notice that an uncontested hearing will be held on the Kairos Power, LLC (Kairos) construction permit application that proposes the construction of a test reactor, identified as Hermes, in Oak Ridge, Tennessee, at a time and place to be set in the future by the Commission or designated by the Atomic Safety and Licensing Board. This notice provides the public an opportunity to request a hearing and petition for leave to intervene (i.e., contested hearing) with respect to that application. The NRC staff is currently conducting a detailed technical review of the construction permit application. If the NRC issues a construction permit, the applicant, Kairos, would be authorized to construct its proposed test reactor in accordance with the provisions of the construction permit. Because the application contains sensitive unclassified non-safeguards information (SUNSI), this notice includes an order that imposes procedures to obtain access to SUNSI for contention preparation.
Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations 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 one amendment request. The amendment request is for Catawba Nuclear Station, Units 1 and 2 and McGuire Nuclear Station, Units 1 and 2. For the amendment request, the NRC proposes to determine that it involves no significant hazards consideration (NSHC). Because the 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.
Water Sources for Long-Term Recirculation Cooling Following a Loss-of-Coolant Accident
The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft regulatory guide (DG), DG-1385, ``Water Sources for Long-Term Recirculation Cooling Following a Loss-of-Coolant Accident.'' This DG is proposed Revision 5 to Regulatory Guide (RG) 1.82, which describes an approach that may be used to determine quality standards acceptable to the NRC staff, to meet the regulatory requirements for sumps and suppression pools that provide water sources for emergency core cooling, containment heat removal, or containment atmosphere cleanup systems. It also provides guidelines for evaluating the adequacy and the availability of the sump or suppression pool for long-term recirculation cooling following a loss-of-coolant-accident, and the use of containment accident pressure in determining the net positive suction head for the emergency core cooling and containment heat removal pumps. This proposed revision guidance applies to both the pressurized-water reactor (PWR) and boiling-water reactor (BWR) types of light-water reactors.
Access to the Decommissioning Trust Fund for the Disposal of Large Components
The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking, dated February 22, 2019, submitted by Gerard P. Van Noordennen on behalf of EnergySolutions, LLC (the petitioner). The petition was docketed by the NRC on March 20, 2019, and was assigned Docket No. PRM-50-119. The petition requested that the NRC revise its regulations to allow access to the decommissioning trust fund for the removal of major radioactive components before the permanent cessation of operations and revise the definition of Decommissioning. The NRC is denying the petition because the petitioner does not raise a significant safety or security concern, and this subject area is adequately covered by existing regulations. The NRC's current regulations and oversight activities continue to provide for the reasonable assurance of adequate protection of public health and safety.
Information Collection: Exemptions and Continued Regulatory Authority in Agreement States and in Offshore Waters Under Section 274
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, ``Exemptions and Continued Regulatory Authority in Agreement States and in Offshore Waters under Section 274.''
Guide for Assessing, Monitoring, and Mitigating Aging Effects on Electrical Equipment Used in Nuclear Power Generating Stations
The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft regulatory guide (DG), DG-1393, ``Guide for Assessing, Monitoring, and Mitigating Aging Effects on Electrical Equipment Used in Nuclear Power Generating Stations.'' This proposed DG describes methods that are acceptable to the NRC staff to use for assessing, monitoring, and mitigating aging effects on electrical equipment used in nuclear power generating stations.
Vogtle Electric Generating Plant, Unit 4; Hearing Opportunity Associated With Inspections, Tests, Analyses, and Acceptance Criteria
By letter dated January 18, 2022, Southern Nuclear Operating Company (SNC) informed the U.S. Nuclear Regulatory Commission (NRC) that its scheduled date for initial loading of fuel into the reactor for Vogtle Electric Generating Plant (VEGP) Unit 4 is September 2, 2022. The Atomic Energy Act of 1954, as amended (AEA), and NRC regulations provide the public with an opportunity to request a hearing regarding the licensee's conformance with the acceptance criteria in the combined license (COL) for the facility. This document announces the public's opportunity to request a hearing and includes orders imposing procedures for the hearing process.
Monthly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations; Correction
The U.S. Nuclear Regulatory Commission (NRC) is correcting a notice that was published in the Federal Register on January 25, 2022, regarding an incorrect name of the attorney for the licensee referenced in the License Amendment Request table as ``Steven Hamrick, Managing AttorneyNuclear, Florida Power and Light Company, P.O. Box 14000, Juno Beach, FL 33408-0420'' to read ``Rick Giannantonio, General Counsel, Energy Harbor Nuclear Corp., Mail Stop A-GO-15, 76 South Main Street, Akron, OH 44308.''
In the Matter of Holtec Decommissioning International, LLC; Oyster Creek Nuclear Generating Station
The U.S. Nuclear Regulatory Commission (NRC) is issuing a Confirmatory Order to Holtec Decommissioning International, LLC (HDI) to memorialize the agreement reached during an alternative dispute resolution mediation session held on October 14, 2021. This Order will resolve any issues identified during an NRC inspection and investigation related to a (now-former) training superintendent at Oyster Creek Nuclear Generating Station (Oyster Creek), who was also responsible for performing armorer duties, and who deliberately failed to perform firearms maintenance activities and falsified records related to those activities. The Order includes a number of significant actions HDI has agreed to take that are expected to improve HDI's security performance at Oyster Creek and other sites in its fleet. The Confirmatory Order is effective upon issuance.
Southern Nuclear Operating Company, Inc.; Vogtle Electric Generating Plant, Units 3 and 4 Inspections, Tests, Analyses, and Acceptance Criteria
The U.S. Nuclear Regulatory Commission (NRC) staff has determined that specified inspections, tests, and analyses have been successfully completed, and that specified acceptance criteria are met for the Vogtle Electric Generating Plant (VEGP), Units 3 and 4.
NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center Independent Spent Fuel Storage Installation
The U.S. Nuclear Regulatory Commission (NRC) is publishing this notice regarding the issuance of an Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) for its review and potential approval of an exemption to NextEra Energy Duane Arnold, LLC (NEDA) for the Duane Arnold Energy Center (DAEC) Independent Spent Fuel Storage Installation (ISFSI). The exemption would allow a failed fuel can (FFC) and its contents at DAEC to exceed the limits specified in Table 1-1t in Appendix B, Technical Specifications, of NRC Certificate of Compliance (CoC) No. 1004, Renewed Amendment No. 17.
Information Collection: Operators' Licenses
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, ``Operators' Licenses.''
Information Collection: NRC Form 398, “Personal Qualification Statement-Licensee”
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 398, ``Personal Qualification StatementLicensee.''
Information Collection: NRC Form 396, “Certification of Medical Examination by Facility Licensee”
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 396, ``Certification of Medical Examination by Facility Licensee.''
In the Matter of Arizona Public Service Company; El Paso Electric Company; Palo Verde Nuclear Generating Station, Units 1, 2, and 3 and Independent Spent Fuel Storage Installation
The U.S. Nuclear Regulatory Commission (NRC) is issuing an order approving the application dated March 18, 2021, filed by El Paso Electric Company (EPE). The application sought NRC consent to the indirect transfer of control of EPE's interests in Renewed Facility Operating License Nos. NPF-41, NPF-51, and NPF-74 for Palo Verde Nuclear Generating Station (Palo Verde), Units 1, 2, and 3, respectively, and the general license for the Palo Verde Independent Spent Fuel Storage Installation (together, the facility). No physical changes or operational changes to the facility were proposed in the application.
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 June 11, 2021. This issuance of our Agenda contains 37 active and 17 long-term rulemaking activities: 3 are Economically Significant; 16 represent Other Significant agency priorities; 38 are Substantive, Nonsignificant rulemaking activities; and 4 are Administrative rulemaking activities. In addition, 4 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 July 30, 2021.
Sigma-Aldrich Company, Fort Mims Site
The U.S. Nuclear Regulatory Commission (NRC) is noticing the termination of the Sigma-Aldrich Company, Fort Mims Site, Materials License No. 24-16273-01, located in Maryland Heights, MO.
DTE Electric Company; Fermi-2
The U.S. Nuclear Regulatory Commission (NRC) has issued an exemption to DTE Electric Company (DTE), for Fermi-2 (Fermi 2), Independent Spent Fuel Storage Installation (ISFSI). The exemption allows Fermi 2 to deviate from the timing requirements in Certificate of Compliance (CoC) No. 1014, Appendix A, ``Technical Specifications (TS) for the HI-STORM 100 Cask System,'' Section 5.4, ``Radioactive Effluent Control Program,'' Subsection C related to submission of an annual effluent report.
Perma-Fix Northwest Richland, Inc.
The U.S. Nuclear Regulatory Commission (NRC) received and is considering issuing an export license amendment (XW027/01), requested by Perma-Fix Northwest Richland, Inc. (PFNW). The request seeks the NRC's approval for a license amendment authorizing the export of up to 60,000 kilograms of radioactive waste to Germany. The NRC is providing notice of the opportunity to comment, request a hearing, and petition to intervene on PFNW's application.
Preparing Probabilistic Fracture Mechanics Submittals
The U.S. Nuclear Regulatory Commission (NRC) is issuing a new Regulatory Guide (RG) 1.245 (Revision 0), ``Preparing Probabilistic Fracture Mechanics Submittals'' and accompanying NUREG/CR-7278, ``Technical Basis for the use of Probabilistic Fracture Mechanics in Regulatory Applications.'' This RG describes a framework to develop the contents of a licensing submittal that the staff of the NRC considers acceptable when performing probabilistic fracture mechanics (PFM) analyses in support of regulatory applications. The NUREG provides the technical basis for RG 1.245.
Monitoring Criteria and Methods to Calculate Occupational Radiation Doses
On December 17, 2021, the U.S. Nuclear Regulatory Commission (NRC) solicited comments on draft regulatory guide (DG), DG-8060, ``Monitoring Criteria and Methods to Calculate Occupational Radiation Doses.'' The public comment period was originally scheduled to close on January 31, 2022. 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.
Issuance of Multiple Exemptions in Response to COVID-19 Public Health Emergency
The U.S. Nuclear Regulatory Commission (NRC) issued two exemptions in response to requests from two licensees for relief due to the coronavirus 2019 disease (COVID-19) public health emergency (PHE). The exemptions afford these licensees temporary relief from certain requirements under NRC regulations. The NRC is issuing a single notice to announce the issuance of the exemptions.
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 December 10, 2021, to January 6, 2022. The last monthly notice was published on December 28, 2021.
List of Approved Spent Fuel Storage Casks: TN Americas LLC, TN-68 Dry Storage Cask System, Certificate of Compliance No. 1027, Renewal of Initial Certificate and Amendment No. 1
The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of February 22, 2022, for the direct final rule that was published in the Federal Register on December 9, 2021. This direct final rule amended the TN Americas LLC, TN-68 Dry Storage Cask System listing in the ``List of approved spent fuel storage casks'' to renew, for an additional 40 years, the initial certificate and Amendment No. 1 of Certificate of Compliance No. 1027.
Zion Nuclear Power Station, Units 1 and 2; Three Mile Island Nuclear Station, Unit 2; La Crosse Boiling Water Reactor; EnergySolutions, LLC Radioactive Materials License; EnergySolutions, LLC Export Licenses; Consideration of Approval of Indirect Transfer of Licenses
The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of a license transfer application filed by EnergySolutions, LLC (EnergySolutions) on December 7, 2021. The application seeks NRC approval of the indirect transfer of Facility Operating License Nos. DPR-39 and DPR-48 for Zion Nuclear Power Station (Zion), Units 1 and 2, respectively, and the general license for the Zion independent spent fuel storage installation (ISFSI); Possession Only License No. DPR-73 for Three Mile Island Nuclear Station, Unit 2 (TMI-2); Possession Only License No. DPR-45 for La Crosse Boiling Water Reactor (La Crosse) and the general license for the La Crosse ISFSI; Radioactive Materials License No. 39-35044-01; and Export Licenses XW010/04 and XW018/01 from the current principal shareholders of the EnergySolutions parent company Rockwell Holdco, Inc. (Rockwell) and other investors to a majority ownership by TriArtisan ES Partners, LLC (TriArtisan). The application contains sensitive unclassified non- safeguards information (SUNSI).
Information Collection: Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions
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, ``Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions.''
Operational Leakage
The U.S. Nuclear Regulatory Commission (NRC) is seeking public comment on a draft regulatory issue summary (RIS) Operational Leakage. The NRC staff seeks to clarify regulatory requirements for all licensees of boiling and pressurized water reactors that apply to operational leakage. This draft RIS is a clarification for the NRC requirements for evaluation, control, and treatment of operational leakage in systems required to be operable by plant technical specifications (TS).
Revision of the NRC Enforcement Policy
The U.S. Nuclear Regulatory Commission (NRC) is publishing a revision to its Enforcement Policy. This revision addresses the requirements of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires Federal agencies to adjust their maximum civil monetary penalty amounts annually for inflation.
Adjustment of Civil Penalties for Inflation for Fiscal Year 2022
The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to adjust the maximum civil monetary penalties it can assess under statutes enforced by the agency. These changes are mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The NRC is amending its regulations to adjust the maximum civil monetary penalty for a violation of the Atomic Energy Act of 1954, as amended, or any regulation or order issued under the Atomic Energy Act from $307,058 to $326,163 per violation, per day. Additionally, the NRC is amending provisions concerning program fraud civil penalties by adjusting the maximum civil monetary penalty under the Program Fraud Civil Remedies Act from $11,803 to $12,537 for each false claim or statement.
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