98-30253. Criticality Accident Requirements  

  • [Federal Register Volume 63, Number 218 (Thursday, November 12, 1998)]
    [Rules and Regulations]
    [Pages 63127-63130]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-30253]
    
    
    
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    Federal Register / Vol. 63, No. 218 / Thursday, November 12, 1998 / 
    Rules and Regulations
    
    [[Page 63127]]
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    10 CFR Parts 50 and 70
    
    RIN 3150-AF87
    
    
    Criticality Accident Requirements
    
    AGENCY: Nuclear Regulatory Commission.
    
    ACTION: Final rule.
    
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    SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
    regulations to give licensees of light-water nuclear power reactors 
    greater flexibility in meeting the requirement that licensees 
    authorized to possess more than a small amount of special nuclear 
    material (SNM) maintain a criticality monitoring system in each area in 
    which the material is handled, used, or stored. This action is taken as 
    a result of the experience gained in processing and evaluating a number 
    of exemption requests from such licensees and NRC's safety assessments 
    in response to these requests that concluded that the likelihood of 
    criticality was negligible.
    
    EFFECTIVE DATE: The final rule is effective on December 14, 1998.
    
    FOR FURTHER INFORMATION CONTACT: Michael T. Jamgochian, Office of 
    Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, 
    Washington, DC 20555-0001; telephone: (301) 415-3224; e-mail: 
    mtj1@nrc.gov.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        The U.S. Nuclear Regulatory Commission (NRC) is amending its 
    regulations to give persons licensed to construct or operate light-
    water nuclear power reactors the option of either meeting the 
    criticality accident requirements of paragraph (a) through (c) of 10 
    CFR 70.24 in handling and storage areas for SNM, or electing to comply 
    with certain requirements that are set forth in a new Section 50.68 in 
    10 CFR Part 50. The requirements in Section 50.68 are generally the 
    requirements that the NRC has used to grant specific exemptions from 
    the requirements of 10 CFR 70.24. In addition, the NRC is deleting the 
    current text of Section 70.24(d) concerning the granting of specific 
    exemptions from Section 70.24 because it is redundant to 10 CFR 
    70.14(a). Section 70.24(d) is rewritten to provide that the 
    requirements in paragraphs (a) through (c) of 10 CFR 70.24 do not apply 
    to holders of a construction permit or operating license for a nuclear 
    power reactor issued under 10 CFR Part 50, or combined licenses issued 
    under 10 CFR Part 52, if the holders comply with the requirements of 10 
    CFR 50.68(b).
    
    II. Discussion
    
        On December 3, 1997 (62 FR 63825), the NRC published a direct final 
    rule in the Federal Register that would have provided persons licensed 
    to construct or operate light-water nuclear power reactors with the 
    option of either meeting the criticality accident requirements of 
    paragraph (a) of 10 CFR 70.24 in handling and storage areas for SNM, or 
    electing to comply with requirements that would be incorporated into 10 
    CFR Part 50 at 10 CFR 50.68. A direct final rule (62 FR 63825) and a 
    parallel proposed rule (62 FR 63911) amending Parts 70 and 50 were 
    published in the Federal Register on December 3, 1997. The statement of 
    considerations for the direct final rule and the proposed rule stated 
    that if significant adverse comments were received on the direct final 
    rule, the NRC would withdraw the direct final rule and would address 
    the comments in a subsequent final rule. Significant adverse comments 
    were received from the public, and on February 25, 1998, the NRC 
    published a notice withdrawing the direct final rule and revoking the 
    regulatory text. Since the direct final rule had an effective date of 
    February 17, 1998, it was necessary for the February 25, 1998 notice to 
    revoke the regulatory text which became effective on February 17, 1998, 
    as well as to withdraw the direct final rule. With the withdrawal and 
    revocation, the proposed rule is the only regulatory proposal 
    remaining. The NRC has determined to modify the proposed rule to 
    address public comments and to make several editorial clarifications. 
    The analysis of and response to the public comments to the proposed 
    rule are set forth below.
    
    III. Comments on the Proposed Rule
    
        The NRC received comments on the December 3, 1997, proposed rule 
    (62 FR 63911) from Commonwealth Edison, Carolina Power & Light Company, 
    Southern Nuclear Operating Company, Nuclear Energy Institute, Northern 
    States Power Company, Trojan Nuclear Plant, and Detroit Edison. Copies 
    of the letters are available for public inspection and copying for a 
    fee at the Commission's Public Document Room, located at 2120 L Street, 
    NW. (Lower Level), Washington, DC. Many of the comment letters 
    suggested editorial type changes, some of which have been incorporated 
    into this final rule. The comments are classified into nine general 
    comments and are addressed as follows:
        Comment 1: The proposed rule should not prohibit licensees from 
    applying for exemptions under the guidelines of 10 CFR 70.14 and should 
    contain provisions to note that any existing approved exemptions remain 
    valid.
        Response: Even though the wording of paragraph (d) in the current 
    version of 10 CFR 70.24, which provides for applying for exemptions 
    should ``good cause'' exist, is being deleted, licensees are not 
    prohibited from applying for such exemptions under the guidelines of 
    paragraph (a) of 10 CFR 70.14, ``Specific Exemptions.''
        The standard for issuance of exemptions under Section 70.14 is 
    essentially the same as the ``good cause'' criterion in paragraph (d) 
    of Section 70.24. Therefore, its removal from Section 70.24(d) will not 
    change the standard for, or otherwise serve to limit the granting of, 
    exemptions to Section 70.24.
        This rulemaking does not affect the status of exemptions to the 
    requirements of Section 70.24 that were previously granted by the NRC. 
    A licensee currently holding an exemption to Section 70.24 may continue 
    operation under its existing exemption (including any applicable 
    conditions imposed as part of the granting of the exemption) and its 
    current programs and commitments without any further action. 
    Alternatively, a licensee
    
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    currently holding exemptions to Section 70.24 may elect to comply with 
    the new alternative provided under Section 50.68(b), but if it does so, 
    its exemption would be inapplicable and would not serve as a basis for 
    avoiding compliance with the criteria listed in Section 50.68(b). A 
    licensee whose exemption was issued as part of its operating license 
    and whose exemption contained conditions imposed as part of the 
    granting of the exemption, need not apply for a license amendment to 
    delete the exemption conditions as a prerequisite for complying with 
    Section 50.68(b).
        Comment 2: For many BWRs, optimum moderation calculations are not 
    performed for the fresh fuel storage racks because administrative 
    controls are in place to preclude these conditions. In accordance with 
    vendor recommendations, compensatory measures have been established to 
    preclude an optimum moderation condition in the fresh fuel storage 
    racks. The rule should contain a provision that exempts this 
    requirement if adequate controls have been established to preclude an 
    optimum moderation condition.
        Response: The NRC agrees and has added the following provision to 
    10 CFR 50.68(b)(3): ``This evaluation need not be performed if 
    administrative control and/or design features prevent such moderation, 
    or if fresh fuel storage racks are not used.''
        Comment 3. The rule should eliminate the reference to General 
    Design Criterion 63 (GDC 63) and should describe the underlying 
    monitoring requirements.
        Response: The reference to GDC 63 was initially incorporated to 
    ensure that licensees receiving an exemption to 10 CFR 70.24 would not 
    erroneously view the exemption as the basis for removing from the spent 
    fuel pool area radiation monitors that were installed to meet other 
    monitoring requirements, such as those contained in 10 CFR 20.1501 and 
    GDC 63. This rule change does not affect these other monitoring 
    requirements; therefore, referencing GDC 63 has been deleted.
        Comment 4. Placing a limit on enrichment offers no direct safety 
    benefit and should not be included.
        Response: The NRC disagrees with the comment. The maximum allowable 
    nominal enrichment of reactor fuel is currently limited to 5-weight 
    percent on the basis of possible criticality concerns even in a dry 
    environment, as well as currently approved extensions to 10 CFR 51.52 
    based on an environmental impact study for enrichments higher than 5-
    weight percent. Any future approved enrichment extension can be readily 
    handled by modifying this criterion.
        Comment 5. Replace ``may not permit'' with ``shall prohibit the'' 
    in Criterion (1).
        Response: The NRC agrees and has used the phrase suggested by the 
    commenters.
        Comment 6. Use of ``pure water'' and ``unborated water'' should be 
    consistent.
        Response: The NRC agrees. The final rule uses the term ``unborated 
    water.''
        Comment 7. Criteria (2) and (3) should not be applicable if the 
    licensee does not use the fresh fuel storage racks.
        Response: The NRC agrees and has added the following provision to 
    10 CFR 50.68 (b)(2) and (b)(3): ``This evaluation need not be performed 
    if administrative controls and/or design features prevent such 
    moderation or if fresh fuel storage racks are not used.''
        Comment 8. The meaning of ``transportation'' in criterion (1) is 
    unclear.
        Response: The NRC agrees and has deleted the term.
        Comment 9. The phrase ``maximum permissible U-235 enrichment'' in 
    Criteria (2), (3), and (4) should be replaced by the phrase ``maximum 
    fuel assembly reactivity.''
        Response: The NRC agrees and has used the phrase suggested by the 
    commenter.
    
    IV. Section-by-Section Analysis
    
    10 CFR 50.68
    
        Paragraph (a) of Section 50.68 allows a nuclear power plant 
    licensee (including a holder of either a construction permit or a 
    combined operating license) the option of complying with Section 70.24 
    (a) through (c), or complying with the requirements in paragraph (b) of 
    Section 50.68. The corresponding provision in Section 70.24 is 
    paragraph (d).
        Paragraph (b) sets forth eight specific requirements which a 
    licensee must comply with so long as it chooses under the provisions of 
    Section 50.68 to avoid compliance with the requirements of Section 
    70.24 (a) through (c).
        A licensee currently holding an exemption to Section 70.24 may 
    elect to comply with the new alternative provided under Section 50.68, 
    but if it does so, its exemption to Section 70.24 is inapplicable to, 
    and would not serve as a basis for avoiding compliance with the eight 
    criteria in Section 50.68(b).
    
    10 CFR 70.24
    
        Paragraph (d)(1) of Section 70.24 allows a nuclear power plant 
    licensee (including a holder of either a construction permit or a 
    combined operating license) the option of complying with Section 70.24 
    (a) through (c), or complying with the requirements in 10 CFR Section 
    50.68. This paragraph is the corresponding provision to Section 
    50.68(a).
        Paragraph (d)(2) clarifies that the status of exemptions to the 
    requirements of Section 70.24 that were previously granted by the NRC 
    continue unaffected by this rulemaking. A licensee currently holding an 
    exemption to Section 70.24 may continue operation under its existing 
    exemption (including any applicable conditions imposed as part of the 
    grant of the exemption) and its current programs and commitments 
    without any further action.
        A license that seeks an exemption from the requirements of Section 
    70.24 must meet the criteria for an exemption under Section 70.14. The 
    standard for issuance of exemptions remains unchanged from the old 
    rule, since the Commission regards the former ``good cause'' criterion 
    under the previous version of Section 70.24(d) as being essentially the 
    same as the standard for issuance of exemptions under Paragraph 70.14.
    
    V. Metric Policy
    
        On October 7, 1992, the Commission published its final Policy 
    Statement on Metrication. According to that policy, after January 7, 
    1993, all new regulations and major amendments to existing regulations 
    were to be presented in dual units. The new addition and amendment to 
    the regulations contain no units.
    
    VI. Finding of No Significant Environmental Impact
    
        The NRC has determined under the National Environmental Policy Act 
    of 1969, as amended, and the Commission's regulations in Subpart A of 
    10 CFR Part 51, that this rule, would not be a major Federal action 
    significantly affecting the quality of the human environment; and 
    therefore, an environmental impact statement is not required. The final 
    rule provides an alternative to existing requirements on criticality 
    monitoring. The alternative method contained in the final rule in the 
    new Section 50.68 represents a codification of the criteria currently 
    used by the NRC for granting exemptions from the criticality monitoring 
    requirements in 10 CFR 70.24(a). These criteria provide an acceptable 
    alternative for assuring that there are no inadvertent criticality 
    events of special nuclear material at nuclear power reactors, which is 
    the purpose of the criticality monitoring
    
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    requirements in Section 70.24(a). Experience over 15 years has 
    demonstrated that the alternative criteria have been effective in 
    preventing inadvertent criticality events, and the NRC concludes that 
    as a matter of regulatory efficiency, there is no purpose to requiring 
    licensees to apply for and obtain exemptions from requirements of 
    Section 70.24(a) if they adhere to the alternative criteria in the new 
    Section 50.68. Since the alternative contained in Section 50.68 
    provides an equally effective method for preventing inadvertent 
    criticality events in nuclear power plants, the NRC concludes that the 
    final rule will not have any significant impact on the quality of the 
    human environment. Therefore, an environmental impact statement has not 
    been prepared for this regulation. This discussion constitutes the 
    environmental assessment for this rulemaking.
    
    VII. Paperwork Reduction Act Statement
    
        This final rule does not contain a new or amended information 
    collection requirement subject to the Paperwork Reduction Act of 1995 
    (44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
    Office of Management and Budget, approval numbers 3150-0009 and 3150-
    0011.
    
    VIII. Public Protection Notification
    
        If an information collection does not display a currently valid OMB 
    control number, the NRC may not conduct or sponsor, and a person is not 
    required to respond to, the information collection.
    
    IX. Regulatory Analysis
    
        The current structure of the current 10 CFR 70.24 is overly broad 
    and places a burden on a licensee to identify those areas or operations 
    at its facility where the requirements are unnecessary, and to request 
    an exemption if the licensee has sufficient reason to be relieved from 
    the requirements. This existing structure has resulted in a large 
    number of exemption requests.
        To relieve the burden on power reactor licensees of applying for, 
    and the burden on the NRC of granting exemptions, this amendment 
    permits power reactor facilities with nominal fuel enrichments no 
    greater than 5-weight percent of U-235 to be excluded from the scope of 
    10 CFR 70.24, provided they meet specific requirements being added to 
    10 CFR Part 50. This amendment is a result of the experience gained in 
    processing and evaluating a number of exemption requests from power 
    reactor licensees and NRC's safety assessments in response to these 
    requests which concluded that the likelihood of criticality was 
    negligible.
        The only other viable option to this amendment is for the NRC to 
    make no changes and allow the licensees to continue requesting 
    exemptions. If no changes are made, the licensees will continue to 
    incur the costs of submitting exemptions and NRC will incur the costs 
    of reviewing them. Under this rule, an easing of the burden on 
    licensees results from not having to request exemptions. Similarly, the 
    NRC's burden will be reduced by avoiding the need to review and 
    evaluate these exemption requests.
        This rule is not a mandatory requirement, but an easing of burden 
    action which results in regulatory efficiency. Also, the rule does not 
    impose any additional costs on existing licensees and has no negative 
    impact on public health and safety, but will provide savings to future 
    licensees, and may provide some reduction in burden to current 
    licensees whose current exemption includes conditions which are more 
    restrictive than the requirements in Section 50.68. There will also be 
    savings in resources to the NRC as well. Hence, the rule is shown to be 
    cost beneficial.
        The foregoing constitutes the regulatory analysis for this final 
    rule.
    
    X. Regulatory Flexibility Certification
    
        In accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C. 
    605(b), the NRC hereby certifies that this rule, if adopted, will not 
    have a significant economic impact on a substantial number of small 
    entities. This rule affects only the licensees of nuclear power plants. 
    These licensee companies that are dominant in their service areas, do 
    not fall within the scope of the definition of ``small entities'' set 
    forth in the Regulatory Flexibility Act, 5 U.S.C. 601, or the size 
    standards adopted by the NRC (10 CFR 2.810).
    
    XI. Backfit Analysis
    
        The NRC has determined that this rule does not impose a backfit as 
    defined in 10 CFR 50.109(a)(1), since it provides an alternative to 
    existing requirements on criticality monitoring. Accordingly, the NRC 
    has not prepared a backfit analysis for this rule.
    
    XII. Small Business Regulatory Enforcement Fairness Act
    
        In accordance with the Small Business Regulatory Enforcement 
    Fairness Act of 1996, the NRC has determined that this action is not a 
    ``major rule'' and has verified this determination with the Office of 
    Information and Regulatory Affairs, Office of Management and Budget.
    
    List of Subjects
    
    10 CFR Part 50
    
        Antitrust, Classified information, Criminal penalties, Fire 
    protection, Intergovernmental relations, Nuclear power plants and 
    reactors, Radiation protection, Reactor siting criteria, Reporting and 
    recordkeeping requirements.
    
    10 CFR Part 70
    
        Criminal penalties, Hazardous materials transportation, Material 
    control and accounting, Nuclear materials, Packaging and containers, 
    Radiation protection, Reporting and recordkeeping requirements, 
    Scientific equipment, Security measures, Special nuclear material.
    
        For the reasons stated in the preamble and under the authority of 
    the Atomic Energy Act of 1954, as amended, the Energy Reorganization 
    Act of 1974, as amended, the National Environmental Policy Act of 1969, 
    as amended, and 5 U.S.C. 553, the NRC is adopting the following 
    amendments to 10 CFR Parts 50 and 70:
    
    PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
    FACILITIES
    
        The authority citation for 10 CFR part 50 continues to read as 
    follows:
    
        1. Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 
    68 Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 
    234, 83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 
    2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 
    206, 88 Stat. 1242, as amended 1244, 1246, (42 U.S.C. 5841, 5842, 
    5846).
    
        Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
    2951, as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42 
    U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68 
    Stat. 936, 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 
    91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), 
    and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 
    U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued 
    under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 
    50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 
    Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued 
    under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 
    50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 
    U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 
    (42 U.S.C. 2152). Sections 50.80 and 50.81
    
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    also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 
    2234). Appendix F also issued under sec. 187, 68 Stat. 955 (42 
    U.S.C. 2237).
    
        2. Section 50.68 is added under the center heading ``Issuance, 
    Limitations, and Conditions of Licenses and Construction Permits'' to 
    read as follows:
    
    
    Sec. 50.68  Criticality accident requirements.
    
        (a) Each holder of a construction permit or operating license for a 
    nuclear power reactor issued under this part or a combined license for 
    a nuclear power reactor issued under Part 52 of this chapter, shall 
    comply with either 10 CFR 70.24 of this chapter or the requirements in 
    paragraph (b) of this section.
        (b) Each licensee shall comply with the following requirements in 
    lieu of maintaining a monitoring system capable of detecting a 
    criticality as described in 10 CFR 70.24:
        (1) Plant procedures shall prohibit the handling and storage at any 
    one time of more fuel assemblies than have been determined to be safely 
    subcritical under the most adverse moderation conditions feasible by 
    unborated water.
        (2) The estimated ratio of neutron production to neutron absorption 
    and leakage (k-effective) of the fresh fuel in the fresh fuel storage 
    racks shall be calculated assuming the racks are loaded with fuel of 
    the maximum fuel assembly reactivity and flooded with unborated water 
    and must not exceed 0.95, at a 95 percent probability, 95 percent 
    confidence level. This evaluation need not be performed if 
    administrative controls and/or design features prevent such flooding or 
    if fresh fuel storage racks are not used.
        (3) If optimum moderation of fresh fuel in the fresh fuel storage 
    racks occurs when the racks are assumed to be loaded with fuel of the 
    maximum fuel assembly reactivity and filled with low-density 
    hydrogenous fluid, the k-effective corresponding to this optimum 
    moderation must not exceed 0.98, at a 95 percent probability, 95 
    percent confidence level. This evaluation need not be performed if 
    administrative controls and/or design features prevent such moderation 
    or if fresh fuel storage racks are not used.
        (4) If no credit for soluble boron is taken, the k-effective of the 
    spent fuel storage racks loaded with fuel of the maximum fuel assembly 
    reactivity must not exceed 0.95, at a 95 percent probability, 95 
    percent confidence level, if flooded with unborated water. If credit is 
    taken for soluble boron, the k-effective of the spent fuel storage 
    racks loaded with fuel of the maximum fuel assembly reactivity must not 
    exceed 0.95, at a 95 percent probability, 95 percent confidence level, 
    if flooded with borated water, and the k-effective must remain below 
    1.0 (subcritical), at a 95 percent probability, 95 percent confidence 
    level, if flooded with unborated water.
        (5) The quantity of SNM, other than nuclear fuel stored onsite, is 
    less than the quantity necessary for a critical mass.
        (6) Radiation monitors are provided in storage and associated 
    handling areas when fuel is present to detect excessive radiation 
    levels and to initiate appropriate safety actions.
        (7) The maximum nominal U-235 enrichment of the fresh fuel 
    assemblies is limited to five (5.0) percent by weight.
        (8) The FSAR is amended no later than the next update which 
    Sec. 50.71(e) of this part requires, indicating that the licensee has 
    chosen to comply with Sec. 50.68(b).
    
    PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
    
        The authority citation for 10 CFR part 70 continues to read as 
    follows:
    
        1. Authority: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 
    948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended, sec. 
    1701, 106 Stat. 2951, 2952, 2953 (42 U.S.C. 2071, 2073, 2201, 2232, 
    2233, 2282, 2297f); secs. 201, as amended, 202, 204, 206, 88 Stat. 
    1242, as amended, 1244, 1245, 1246, (42 U.S.C. 5841, 5842, 5845, 
    5846).
    
        Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, 
    Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). 
    Section 70.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
    2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec. 122, 
    68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 
    57d, Pub. L. 93-377, 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36 
    and 70.44 also issued under sec. 184, 68 Stat. 954, as amended (42 
    U.S.C. 2234).
        Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 
    U.S.C. 2236, 2237). Section 70.62 also issued under sec. 108, 68 
    Stat. 939, as amended (42 U.S.C. 2138).
    
        2. In Sec. 70.24, paragraph (d) is revised to read as follows:
    
    
    Sec. 70.24  Criticality accident requirements.
    
    * * * * *
        (d)(1) The requirements in paragraphs (a) through (c) of this 
    section do not apply to a holder of a construction permit or operating 
    license for a nuclear power reactor issued under part 50 of this 
    chapter or a combined license issued under part 52 of this chapter, if 
    the holder complies with the requirements of paragraph (b) of 10 CFR 
    50.68.
        (2) An exemption from Sec. 70.24 held by a licensee who thereafter 
    elects to comply with requirements of paragraph (b) of 10 CFR 50.68 
    does not exempt that licensee from complying with any of the 
    requirements in Sec. 50.68, but shall be ineffective so long as the 
    licensee elects to comply with Sec. 50.68.
    
        Dated at Rockville, Maryland this 28th day of October, 1998.
    
        For the Nuclear Regulatory Commission.
    William D. Travers,
    Executive Director for Operations.
    [FR Doc. 98-30253 Filed 11-10-98; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Effective Date:
12/14/1998
Published:
11/12/1998
Department:
Nuclear Regulatory Commission
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-30253
Dates:
The final rule is effective on December 14, 1998.
Pages:
63127-63130 (4 pages)
RINs:
3150-AF87: Criticality Accident Requirements
RIN Links:
https://www.federalregister.gov/regulations/3150-AF87/criticality-accident-requirements
PDF File:
98-30253.pdf
CFR: (3)
10 CFR 50.71(e)
10 CFR 50.68
10 CFR 70.24