[Federal Register Volume 62, Number 232 (Wednesday, December 3, 1997)]
[Proposed Rules]
[Pages 63911-63912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31732]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 50 and 70
RIN 3150-AF87
Criticality Accident Requirements
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations to provide light-water nuclear power reactor licensees with
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
where 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 power reactor licensees and NRC's safety
assessments in response to these requests that concluded that the
likelihood of criticality was negligible.
DATES: Comments on the proposed rule must be received on or before
January 2, 1998.
ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudication Staff. Hand deliver comments to 11555 Rockville Pike,
Maryland, between 7:45 am and 4:15 pm on Federal workdays.
Copies of any comments received may be examined at the NRC Public
Document Room, 2120 L Street NW. (Lower Level), Washington, DC.
For information on submitting comments electronically, see the
discussion under Electronic Access in the Supplementary Information
section.
FOR FURTHER INFORMATION CONTACT: Stan Turel, Office of Nuclear
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone (301) 415-6234, e-mail spt@nrc.gov.
SUPPLEMENTARY INFORMATION: For additional information see the Direct
Final Rule published in the rules section of this Federal Register.
Procedural Background
Because NRC considers this action noncontroversial and routine, we
are publishing this proposed rule concurrently as a direct final rule.
The direct final rule will become effective on February 17, 1998.
However, if the NRC receives significant adverse comments on the direct
final rule by January 2, 1998, then the NRC will publish a document
that withdraws the direct final rule. If the direct final rule is
withdrawn, the NRC will address in a Final Rule the comments received
in response to the proposed revisions in a subsequent final rule.
Absent significant modifications to the proposed revisions requiring
republication, the NRC will not initiate a second comment period for
this action in the event the direct final rule is withdrawn.
Electronic Access
You may also provide comments via the NRC's interactive rulemaking
web site through the NRC home page (http://www.nrc.gov). This site
provides the availability to upload comments as files (any format), if
your web browser supports that function. For information about the
interactive rulemaking site, contact Ms. Carol Gallagher, (301) 415-
6215; e-mail [email protected]
List of Subjects
10 CFR Part 50
Antitrust, Classified information, Criminal penalties, Fire
prevention, 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 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 National Environmental Policy Act of 1969,
as amended, and 5 U.S.C. 553, the NRC is considering adopting the
following amendments to 10 CFR Parts 50 and 70.
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. 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). Sections 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. Section 50.68 is added under the center heading ``Issuance,
Limitations, and Conditions of Licenses and Construction Permits'' to
read as follows:
[[Page 63912]]
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 requirements in
paragraph (b).
(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 may not permit handling and transportation 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 permissible U-235 enrichment and flooded with pure water
and must not exceed 0.95, at a 95 percent probability, 95 percent
confidence level.
(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 permissible U-235 enrichment 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.
(4) If no credit for soluble boron is taken, the k-effective of the
spent fuel storage racks loaded with fuel of the maximum permissible U-
235 enrichment must not exceed 0.95, at a 95 percent probability, 95
percent confidence level, if flooded with pure water. If credit is
taken for soluble boron, the k-effective of the spent fuel storage
racks loaded with fuel of the maximum permissible U-235 enrichment 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 pure water.
(5) The quantity of SNM, other than nuclear fuel stored on site, is
less than the quantity necessary for a critical mass.
(6) Radiation monitors, as required by GDC 63, 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 no greater than five (5.0) percent by weight.
PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
1. The authority citation for 10 CFR Part 70 continues to read as
follows:
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) The requirements in paragraph (a) through (c) of this section
do not apply to holders of a construction permit or operating license
for a nuclear power reactor issued pursuant to part 50 of this chapter,
or combined licenses issued under part 52 of this chapter, if the
holders comply with the requirements of paragraph (b) of 10 CFR 50.68
of this chapter.
Dated at Rockville, Maryland this 14th day of November, 1997.
For the Nuclear Regulatory Commission.
L. Joseph Callan,
Executive Director for Operations.
[FR Doc. 97-31732 Filed 12-2-97; 8:45 am]
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