94-27126. Reduction of Reporting Requirements Imposed on NRC Licensees  

  • [Federal Register Volume 59, Number 211 (Wednesday, November 2, 1994)]
    [Proposed Rules]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-27126]
    
    
    [[Page Unknown]]
    
    [Federal Register: November 2, 1994]
    
    
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    Proposed Rules
                                                    Federal Register
    ________________________________________________________________________
    
    This section of the FEDERAL REGISTER contains notices to the public of 
    the proposed issuance of rules and regulations. The purpose of these 
    notices is to give interested persons an opportunity to participate in 
    the rule making prior to the adoption of the final rules.
    
    ========================================================================
    
    
    Federal Register / Vol. 59, No. 211 / Wednesday, November 2, 1994 / 
    Proposed Rules
    NUCLEAR REGULATORY COMMISSION
    
    10 CFR Parts 50, 55, AND 73
    
    RIN 3150-AF18
    
     
    
    Reduction of Reporting Requirements Imposed on NRC Licensees
    
    AGENCY: Nuclear Regulatory Commission.
    
    ACTION: Proposed rule.
    
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    SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
    its regulations to reduce reporting requirements currently imposed on 
    water-cooled nuclear power reactor, research and test reactor, and 
    nuclear material licensees. This action would reduce the regulatory 
    burden on NRC licensees. The proposed rule would implement an NRC 
    initiative to review its current regulations with the intent to revise 
    or eliminate duplicative or unnecessary reporting requirements. The 
    proposed amendments would: (1) Eliminate the current requirement for 
    licensees to submit summary reports of containment leakage rate tests 
    to the NRC (10 CFR Part 50--Appendix J), but preserve the requirements 
    in Secs. 50.72 and 50.73 under which licensees currently report any 
    instances of leakage exceeding authorized limits in the technical 
    specifications of the license; (2) revise 10 CFR 55.25 to refer 
    licensees to a similar reporting requirement in 10 CFR 50.74(c) and 
    require notification of operator incapacity only in case of permanent 
    disability or illness; and (3) eliminate the requirement for quarterly 
    submittal of safeguards event logs presently contained in 10 CFR 
    73.71(c)(2) and Appendix G to Part 73.
    
    DATES: The comment period expires December 19, 1994. Comments received 
    after this date will be considered if it is practical to do so, but the 
    Commission is able to assure consideration only for comments received 
    on or before this date.
    
    ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory 
    Commission, Washington, DC 20555-0001, Attention: Docketing and Service 
    Branch. Comments may be delivered to One White Flint North, 11555 
    Rockville Pike, Rockville, MD, between 7:45 a.m. and 4:15 p.m. on 
    Federal workdays.
        Copies of the draft regulatory analysis, the finding of no 
    significant impact, the supporting statement submitted to OMB, and 
    comments received may be examined at the NRC Public Document Room, 2120 
    L Street NW. (Lower Level), Washington, DC.
    
    FOR FURTHER INFORMATION CONTACT: Naiem S. Tanious, Office of Nuclear 
    Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
    20555. Telephone (301) 415-6103.
    Background
    
        On January 7, 1994, the Executive Director for Operations (EDO) 
    sent to the Commission SECY-94-003, ``Plan for Implementing Regulatory 
    Review Group Recommendations.'' The Commission approved these 
    recommendations for reducing regulatory burden on its licensees. This 
    proposed rule is one of several rulemaking and other regulatory actions 
    that the NRC staff is developing to implement those recommendations.
        During the NRC staff review of the regulations, Federal Register 
    notices were published on February 24, 1992 (57 FR 6299) and June 19, 
    1992 (57 FR 27394) that solicited the views of the public, the nuclear 
    power industry, and other interested parties regarding reduction of the 
    regulatory burden and reporting requirements. Comments were received in 
    response to those notices. A summary of the comments received that are 
    pertinent to this action is included in this document.
    
    Discussion
    
        These proposed amendments would: (1) Eliminate the current 
    requirement for licensees to submit summary reports of containment 
    leakage rate tests to the NRC (10 CFR Part 50-Appendix J), but preserve 
    the requirements in Secs. 50.72 and 50.73 under which licensees 
    currently report any instances of leakage exceeding authorized limits 
    in the technical specifications of the license; (2) revise 10 CFR 55.25 
    to refer licensees to a similar reporting requirement in 10 CFR 
    50.74(c) and require notification of operator incapacity only in case 
    of permanent disability or illness; and (3) eliminate the requirement 
    for quarterly submittal of safeguards event logs presently contained in 
    10 CFR 73.71(c)(2) and Appendix G to Part 73.
        Although these proposed reduction in reporting requirements were 
    discussed in Federal Register notices published on February 24, 1992 
    (57 FR 6299) and June 19, 1992 (57 FR 27394), the public is again 
    invited to submit comments. Specifically, the NRC requests comments and 
    supporting rationale on the appropriateness of eliminating or 
    consolidating these reporting requirements and whether the public 
    health and safety will be adversely affected by these changes.
    
    Elimination of Reporting Requirements from 10 CFR Part 50, Appendix J
    
        10 CFR Part 50, Appendix J, currently requires all water-cooled 
    nuclear power reactor licensees to conduct containment leakage testing. 
    The containment leakage tests demonstrate that the containment system 
    meets all the leakage criteria specified in the technical 
    specifications of the licenses. Currently, Section V.B. of Appendix J 
    requires licensees to submit a summary report of the results of all 
    leak rate tests and any associated corrective actions. Under this 
    proposed rulemaking, licensees of water-cooled nuclear power reactors 
    will continue to conduct containment leakage testing and to prepare the 
    summary report. However, they would not be required to submit the 
    summary report to the NRC. They would still be required to report to 
    the NRC instances of leakage in excess of authorized limits, via a 
    written licensee event report,1 as now required by 
    Sec. 50.73(a)(2)(ii). If such a leakage condition is found during 
    operation, an immediate notification by telephone is required by 
    Sec. 50.72(b)(1)(ii). If the leakage condition is found during shutdown 
    the telephone notification is required by Sec. 50.72(b)(2)(i).
    
        \1\These reports would be required when total containment as-
    found, minimum pathway leak rate exceeds the limiting condition for 
    operation (LCO) in the facility's technical specification.
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        The NRC believes that the elimination of the requirement to submit 
    the summary report to the NRC of leakage tests when these results are 
    within acceptance limits would have no impact on the overall health and 
    safety of the public. Because these tests have been performed and 
    evaluated frequently by the nuclear power industry, any 
    misinterpretation of testing requirements is highly unlikely. Moreover, 
    licensees would still be required to prepare the summary reports and 
    make those reports available for review and inspection at the 
    respective plant sites. Having these reports available at the plant 
    sites should be sufficient for normal record reviews, and for any 
    necessary in-depth reviews. Therefore, the NRC proposes to eliminate 
    the requirement to report results of tests within specified limits.
    
    Consolidation of 10 CFR 50.74 and 10 CFR 55.25 Reporting Requirements
    
        If an operator licensed pursuant to 10 CFR 55, becomes ill or 
    disabled to the point that he or she no longer can safely perform their 
    duties, the reactor licensee is required to report the occurrence of 
    disability under both 10 CFR 50.74(c) and 10 CFR 55.25. The NRC is 
    proposing to require only a single report by eliminating the reporting 
    requirements in 10 CFR 55.25 and modifying 10 CFR 55.25 to refer 
    facility licensees to 10 CFR 50.74(c).
        In addition, when 10 CFR Part 55 was promulgated, the intent of 
    Sec. 55.25 was to receive reports only of permanent or potentially 
    permanent illness or disability of licensed operators that would 
    prevent them from safely carrying out their responsibilities. However, 
    this intent, is not explicitly stated in either Sec. 55.25 or 
    Sec. 50.74(c). To remove this ambiguity, the word ``permanent'' is 
    added in both Secs. 50.74(c) and 55.25. (A more detailed discussion on 
    ``permanent'' versus ``temporary,'' illness, or disability can be found 
    in the NRC publication NUREG-1262,2 ``Answers to Questions at 
    Public Meetings Regarding Implementation of Title 10, Code of Federal 
    Regulations, Part 55 on Operators' Licenses,'' November 1987, page 21, 
    question 91).
    
        \2\Copies of NUREG-1262 may be purchased from the Superintendent 
    of Documents, U.S. Government Printing Office, Mail Stop SSOP, 
    Washington, DC 20402-9328. Copies are also available from the 
    National Technical Information Service, 5285 Port Royal Road, 
    Springfield, VA 22161. A copy is also available for inspection and 
    copying for a fee in the NRC Public Document Room, 2120 L Street, 
    NW. (Lower level), Washington, DC 20555-0001.
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    Public Comments
    
        Only two comments were received concerning the reporting 
    requirements for power reactor licensees. Neither suggested elimination 
    of any power reactor reporting requirement. However, both suggested 
    that the redundant requirements of 10 CFR Parts 50 and 55 addressing 
    illness or disability of licensed operator be consolidated in 10 CFR 
    50.74.
    Elimination of Reporting Requirements in 10 CFR Part 73.71(c)(2)
    
        10 CFR Part 73.71(c)(1) requires that licensees maintain a current 
    log for recording safeguards events. An event that must be recorded in 
    the log is defined in Appendix G, Part 73 as ``Any failure, 
    degradation, or discovered vulnerability in a safeguard system. * * 
    *.''3 10 CFR 73.71(c)(2) requires that a copy of the log be 
    submitted quarterly to the NRC.
    
        \3\The full definition in 10 CFR Part 73, Appendix G, Section II 
    is: (a) Any failure, degradation, or discovered vulnerability in a 
    safeguard system that could have allowed unauthorized or undetected 
    access to a protected area, material access area, controlled access 
    area, vital area, or transport had compensatory measures not been 
    established. (b) Any other threatened, attempted, or committed act 
    not previously defined in Appendix G with the potential for reducing 
    the effectiveness of the safeguard system below that committed to in 
    a licensed physical security or contingency plan or the actual 
    condition of such reduction in effectiveness.
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        The NRC proposes to eliminate the requirement that licensees submit 
    copies of the safeguard event logs. Until recently, the NRC staff 
    published an annual report which contained trending analysis of log 
    events. However, the NRC now believes that the greatest benefits of 
    dissemination of these statistics on safeguards equipment performance 
    and lessons learned about the causes and prevention of safeguards 
    equipment malfunctions have been realized, and that continuing to 
    publish that report is no longer cost effective. However, licensees 
    will still be required to enter events in the logs, and make those logs 
    available for review and inspection at the respective plant sites. 
    Having the logs available at the plant site should be sufficient for 
    normal record reviews, and any necessary in-depth reviews. Therefore, 
    the NRC believes that public health and safety will not be adversely 
    affected if the logs are no longer submitted to the NRC.
    
    Public Comments
    
        The former Nuclear Management and Resources Council, now known as 
    the Nuclear Energy Institute (NEI), commented that power reactor 
    licensees should be deleted from the list of licensees subject to the 
    provisions of 10 CFR 73.71(c). According to NEI, comparisons among 
    plants using the data provided in the logs are not meaningful because 
    the number of events reported by each site is dramatically influenced 
    by a number of site-specific variables such as the number and design of 
    system components and unique physical arrangements. NEI stated that 
    comments received from industry were almost unanimous in advising that 
    licensees receive insignificant information from the NRC's quarterly 
    ``Safeguards Events Analysis Report.'' NEI further commented that the 
    real benefit in recording safeguards events lies in its usefulness as a 
    management tool to measure a plant's specific performance, independent 
    of other facilities.
        One licensee commented that if the requirement to submit a log to 
    the NRC were not deleted, the frequency of submittal should be reduced 
    from 4 times each year to 2 times each year as required for submittal 
    of fitness-for-duty performance data in 10 CFR 26.71(d). The licensee 
    noted that timeliness would not be adversely impacted in a significant 
    way by annual or semiannual rather than quarterly reporting. The 
    licensee also suggested that evaluation of trends is more meaningful 
    when based on events over 6 months or a year rather than only 3 months.
        The NRC believes that, in the early years of this program, there 
    was considerable benefit from comparisons of the performance of a 
    site's security equipment with the performance of the rest of the 
    industry, notwithstanding differences in site-specific variables. 
    However, the NRC now believes that the greatest benefits have been 
    realized and that continuing the program as a regulatory tool has a 
    diminishing cost benefit. As such, the NRC agrees with the comments 
    that the primary benefit in logging events is the usefulness of the log 
    as a means for the licensees to track and trend the performance of the 
    safeguards systems at their own plants. In fact, the NRC has already 
    discontinued publication of the ``Safeguards Events Analysis Report.'' 
    Although the NRC is proposing to eliminate the requirement that 
    licensees submit their safeguards event logs, licensees would still be 
    required to enter events into their logs and maintain those logs on 
    site for review by the NRC inspectors.
    
    Written Reports
    
        This proposed rule would not require additional written reports. On 
    the contrary, under this proposed rule, reporting will be reduced for 
    all licensees under 10 CFR Parts 50, 55, and 73.
    
    Environmental Impact: Categorical Exclusion
    
        The NRC has determined that this proposed rule is the type of 
    action described in the categorical exclusion, 10 CFR 51.22(c)(3)(iii). 
    Therefore, neither an environmental impact statement nor an 
    environmental assessment has been prepared for this regulation.
    Paperwork Reduction Act Statement
    
        This proposed rule amends information collection requirements that 
    are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
    seq.). This rule has been submitted to the Office of Management and 
    Budget for review and approval of the paperwork requirements.
        Because the rule will relax existing information collection 
    requirements, the public burden for this collection of information is 
    expected to be reduced by approximately 10 hours per licensee. This 
    reduction includes the time required for reviewing instructions, 
    searching existing data sources, gathering and maintaining the data 
    needed and completing and reviewing the collection of information. Send 
    comments regarding the estimated burden reduction or any other aspect 
    of this collection of information, including suggestions for reducing 
    this burden, to the Information and Records Management Branch (T-6 
    F33), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
    and to the Desk Officer, Office of Information and Regulatory Affairs, 
    NEOB-10202 (3150-0011, 3150-0018, 3150-0002), Office of Management and 
    Budget, Washington, DC 20503.
    
    Regulatory Analysis
    
        The Commission has prepared a draft regulatory analysis on this 
    proposed regulation. The analysis examines the costs and benefits of 
    the alternatives considered by the Commission. The draft analysis is 
    available for inspection in the NRC Public Document Room, 2120 L Street 
    NW. (Lower Level), Washington, DC. Single copies of the draft analysis 
    may be obtained from Naiem S. Tanious, telephone (301) 415-6103. The 
    Commission requests public comment on the draft regulatory analysis. 
    Comments on the draft analysis may be submitted to the NRC as indicated 
    under the ADDRESSES heading.
    
    Regulatory Flexibility Certification
    
        In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 
    605(b)), the Commission certifies that this rule will not, if 
    promulgated, have a significant economic impact on a substantial number 
    of small entities. This proposed rule affects the nuclear power 
    reactors, research and test reactors, and some material licensees. The 
    companies and organizations that own these plants do not fall within 
    the scope of the definition of ``small entities'' set forth in the 
    Regulatory Flexibility Act of the size standards established by the NRC 
    (56 FR 56671; November 6, 1991).
    
    Backfit Analysis
    
        The NRC has determined that the backfit rule 10 CFR 50.109, does 
    not apply to this proposed rule because these amendments do not involve 
    any provisions which would impose backfits on licensees as defined in 
    Sec. 50.109(a)(1). Information collection and reporting requirements 
    are not subject to the backfit rule; moreover, the changes proposed in 
    this rulemaking relax existing requirements.
    
    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 55
    
        Criminal Penalties, Manpower training programs, Nuclear power 
    plants and reactors, Reporting and recordkeeping requirements.
    
    10 CFR Part 73
    
        Criminal Penalties, Hazardous materials transportation, Export, 
    Import, Nuclear materials, Nuclear power plants and reactors, Reporting 
    and recordkeeping requirements, Security measures.
        For the reasons set out 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 Nuclear Waste Policy Act of 1982, as 
    amended; and 5 U.S.C. 553; the Commission is proposing to adopt the 
    following amendments to 10 CFR Parts 50, 55, and 73.
    
    PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
    FACILITIES
    
        1. The authority citation for 10 CFR Part 50 continues to read as 
    follows:
    
        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. 1244, 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 50.80-50.81 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. In Sec. 50.74, paragraph (c) is revised to read as follows:
    
    
    Sec. 50.74   Notification of change in operator or senior operator 
    status.
    
    * * * * *
        (c) Permanent disability or illness as described in Sec. 55.25 of 
    this chapter.
        3. In 10 CFR Part 50 Appendix J, Section III, paragraphs A.1. (a), 
    (b), and (d); Section IV. paragraph A., and Section V. paragraphs A. 
    and B., are revised to read as follows:
    
    Appendix J to Part 50--Primary Reactor Containment Leakage Testing for 
    Water-Cooled Power Reactors.
    
    * * * * *
        III. Leakage Testing Requirements.
    * * * * *
        A. Type A test-1. Pretest requirements. (a) Containment 
    inspection in accordance with V. A. shall be performed as a 
    prerequisite to the performance of Type A tests. During the period 
    between the initiation of the containment inspection and the 
    performance of the Type A test, no repairs or adjustments shall be 
    made so that the containment can be tested in as close to the ``as 
    is'' condition as practical. During the period between the 
    completion of one Type A test and the initiation of the containment 
    inspection for the subsequent Type A test, repairs or adjustments 
    shall be made to components whose leakage exceeds that specified in 
    the technical specification as soon as practical after 
    identification. If during a Type A test, including the supplemental 
    test specified in III.A.3.(b), potentially excessive leakage paths 
    are identified which will interfere with satisfactory completion of 
    the test, or which result in the Type A test not meeting the 
    acceptance criteria III.A.4.(b) or III.A.5.(b), the Type A test 
    shall be terminated and the leakage through such paths shall be 
    measured using local leakage testing methods. Repairs and/or 
    adjustments to equipment shall be made and Type A test performed. 
    The corrective action taken and the change in leakage rate 
    determined from the tests and overall integrated leakage determined 
    from local leak and Type A tests shall be included in the summary 
    report required by V.B.
        (b) Closure of containment isolation valves for the Type A test 
    shall be accomplished by normal operation and without any 
    preliminary exercising or adjustments (e.g., no tightening of valve 
    after closure by valve motor). Repairs of maloperating or leaking 
    valves shall be made as necessary. Information on any valve closure 
    malfunction or valve leakage that require corrective action before 
    the test, shall be included in the summary report required by V.B.
    * * * * *
        (d) Those portions of the fluid systems that are part of the 
    reactor coolant pressure boundary and are open directly to the 
    containment atmosphere under post-accident conditions and become an 
    extension an extension of the boundary of the containment shall be 
    opened or vented to the containment atmosphere prior to and during 
    the test. Portions of closed systems inside containment that 
    penetrate containment and rupture as a result of a loss of coolant 
    accident shall be vented to the containment atmosphere. All vented 
    systems shall be drained of water or other fluids to the extent 
    necessary to assure exposure of the system containment isolation 
    valves to containment air test pressure and to assure they will be 
    subjected to the post accident differential pressure. Systems that 
    are required to maintain the plant in a safe condition during the 
    test shall be operable in their normal mode, and need not be vented. 
    Systems that are normally filled with water and operating under 
    post-accident conditions, such as the containment heat removal 
    system, need not be vented. However, the containment isolation 
    valves in the systems defined in III.A.1.(d) shall be tested in 
    accordance with III.C. The measured leakage rate from these tests 
    shall be included in the summary required by V.B.
    * * * * *
    IV. Special Testing Requirements.
    
        A. Containment modification. Any major modification, replacement 
    of a component which is part of the primary reactor containment 
    boundary, or resealing a seal-welded door, performed after the 
    preoperational leakage rate test shall be followed by either a Type 
    A, Type B, or Type C test, as applicable for the area affected by 
    the modification. The measured leakage from this test shall be 
    included in the summary report required by V.B. The acceptance 
    criteria of III.A.5.(b), III.B.3., or III.C.3., as appropriate, 
    shall be met. Minor modifications, replacements, or resealing of 
    seal-welded doors, performed directly prior to the conduct of a 
    scheduled Type A test do not require a separate test.
    * * * * *
    
    V. Inspection and Reporting of Tests.
    
        A. Containment inspection. A general inspection of the 
    accessible interior and exterior surfaces of the containment 
    structures and components shall be performed prior to any Type A 
    test to uncover any evidence of structural deterioration which may 
    affect either the containment structural integrity or leak-
    tightness. If there is evidence of structural deterioration, Type A 
    tests shall not be performed until corrective action is taken in 
    accordance with repair procedures, non destructive examinations, and 
    tests as specified in the applicable code specified in Sec. 50.55a 
    at the commencement of repair work. Such structural deterioration 
    and corrective actions taken shall be included in the summary test 
    report required by V.B.
        B. Report of Test Results. 1. The preoperational and periodic 
    tests must be documented in a readily available summary report that 
    will be made available for inspection, upon request, at the nuclear 
    power plant. The summary report shall include a schematic 
    arrangement of the leakage rate measurement system, the 
    instrumentation used, the supplemental test method, and the test 
    program selected as applicable to the preoperational test, and all 
    the subsequent periodic tests. The report shall contain an analysis 
    and interpretation of the leakage rate test data for the Type A test 
    results to the extent necessary to demonstrate the acceptability of 
    the containment's leakage rate in meeting acceptance criteria.
        2. For each periodic test, leakage test results from Type A, B, 
    and C tests shall be included in the summary report. The summary 
    report shall contain an analysis and interpretation of the Type A 
    test results and a summary analysis of periodic Type B and Type C 
    tests that were performed since the last type A test. Leakage test 
    results from type A, B, and C tests that failed to meet the 
    acceptance criteria of III.A.5(b), III.B.3, and III.C.3, 
    respectively, shall be included in a separate accompanying summary 
    report that includes an analysis and interpretation of the test 
    data, the least squares fit analysis of the test data, the 
    instrumentation error analysis, and the structural conditions of the 
    containment or components, if any, which contributed to the failure 
    in meeting the acceptance criteria. Results and analyses of the 
    supplemental verification test employed to demonstrate the validity 
    of the leakage rate test measurements shall also be included.
    PART 55--OPERATORS' LICENSES
    
        4. The authority citation for 10 CFR Part 55 continues to read as 
    follows:
    
        Authority: Secs. 107, 161, 182, 68 Stat. 939, 948, 953, as 
    amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2137, 2201, 
    2232, 2282); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 
    1244 (42 U.S.C. 5841, 5842).
    
        Sections 55.41, 55.43, 55.45, and 55.59 also issued under sec. 
    306, Pub. L. 97-425, 96 Stat. 2262 (42 U.S.C. 10226). Section 55.61 
    also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 
    2237).
    
        5. Section 55.25 is revised to read as follows:
    
    
    Sec. 55.25   Incapacitation because of disability or illness.
    
        If, during the term of the license, the licensee develops a 
    permanent physical or mental condition that causes the licensee to fail 
    to meet the requirements of Sec. 55.21 of this part, the facility 
    licensee shall notify the Commission, within 30 days of learning of the 
    diagnosis, in accordance with Sec. 50.74(c). For conditions for which a 
    conditional license (as describing in Sec. 55.33(b) of this part) is 
    requested, the facility licensee shall provide medical certification on 
    Form NRC 396 to the Commission (as described in Sec. 55.23 of this 
    part).
    
    PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS
    
        6. The authority citation for 10 CFR Part 73 continues to read as 
    follows:
    
        Authority: Secs. 53, 161, 68 Stat. 930, 948, as amended, sec. 
    147, 94 Stat. 780 (42 U.S.C. 2073, 2167, 2201); sec. 201, as 
    amended, 204, 88 Stat. 1242, as amended, 1245 (42 U.S.C. 5841, 
    5844).
    
        Section 73.1 also issued under secs. 135, 141, Pub. L. 97-425, 
    96 Stat. 2232, 2241 (42 U.S.C, 10155, 10161). Section 73.37(f) also 
    issued under sec. 301, Pub. L. 96-295, 94 Stat. 789 (42 U.S.C. 5841 
    note). Section 73.57 is issued under sec. 606, Pub. L. 99-399, 100 
    Stat. 876 (42 U.S.C. 2169).
    
        7. In Sec. 73.71, paragraph (c)(2) is deleted, paragraph (c)(1) is 
    redesignated as paragraph (c), and paragraph (d) is revised to read as 
    follows:
    
    
    Sec. 73.71   Reporting of safeguards events.
    
    * * * * * *
        (d) Each licensee shall submit to the Commission the 30-day written 
    reports required under the provisions of this section that are of a 
    quality which will permit legible reproduction and processing. If the 
    facility is subject to Sec. 50.73 of this chapter, the licensee shall 
    prepare the written report of NRC Form 366. If the facility is not 
    subject to Sec. 50.73 of this chapter, the licensee shall not use this 
    form but shall prepare the written report in letter format. The report 
    must include sufficient information for NRC analysis and evaluation.
        8. In 10 CFR Part 73, Appendix G, the title of Section II is 
    revised to read as follows:
    
    Appendix G to Part 73--Reportable Safeguards Events
    
    * * * * *
        II. Events to be recorded within 24 hours of discovery in the 
    safeguards event log.
    * * * * *
        Dated at Rockville, Maryland, this 20th day of October, 1994.
    
        For the Nuclear Regulatory Commission.
    James M. Taylor,
    Executive Director for Operations.
    [FR Doc. 94-27126 Filed 11-1-94; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
11/02/1994
Department:
Nuclear Regulatory Commission
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
94-27126
Dates:
The comment period expires December 19, 1994. Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: November 2, 1994
RINs:
3150-AF18
CFR: (8)
10 CFR 50.73(a)(2)(ii)
10 CFR 50.72(b)(1)(ii)
10 CFR 50.74(c)
10 CFR 50.109(a)(1)
10 CFR 50.74
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