[Federal Register Volume 60, Number 49 (Tuesday, March 14, 1995)]
[Rules and Regulations]
[Pages 13615-13618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6210]
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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: Final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations to reduce reporting requirements currently imposed on
water-cooled nuclear power reactor, research and test reactor, and
nuclear material licensees. This rule reduces the regulatory burden on
NRC licensees; and partially implements a recent NRC initiative to
revise or eliminate duplicative or unnecessary reporting requirements.
The amendments will: 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; 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 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.
EFFECTIVE DATE: April 13, 1995.
FOR FURTHER INFORMATION CONTACT: Naiem S. Tanious, Office of Nuclear
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC
20555. Telephone (301) 415-6103.
SUPPLEMENTARY INFORMATION:
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
final rule is one of several rulemakings and other regulatory actions
currently being developed by the NRC staff to implement the Regulatory
Review Group recommendations to eliminate duplicative or unnecessary
reporting requirements. The NRC believes that this action will reduce
the regulatory burden on NRC licensees without causing adverse effects
on the protection of public health and safety.
On November 2, 1994 (59 FR 54843), the NRC published the notice of
proposed rulemaking that reduces reporting requirements on licensees
under Parts 50, 55, and 73. Specifically, the proposed amendments were
intended to: (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. The public comment period expired December 19, 1994.
Analysis of Public Comments on the Proposed Rule
The NRC received seven comments: one from Nuclear Energy Institute
(NEI), an organization that represents the nuclear power industry, five
from the nuclear power industry, and one from Ohio Citizens for
Responsible Energy, Inc. (OCRE). The comments from NEI and the nuclear
power industry are supportive of the proposed rule to reduce the
reporting requirements. OCRE opposes the proposed rule. However, all
commenters believe that elimination of these reports will not adversely
impact public health and safety. The following section addresses the
public comments received and provides NRC's response to them.
Of the six comments received which favor the proposed rule, several
of those endorsing the rule pointed out that the proposed changes
eliminate unnecessary or redundant requirements and conserve both NRC
and licensee resources. Two of the commenters felt that the NRC should
assess additional reporting requirements to determine whether they can
be eliminated or reduced in frequency. As discussed in the background
section of this rulemaking, the NRC has underway several regulatory
activities to implement the Regulatory Review Group's recommendations
to eliminate duplicative or unnecessary reporting requirements. This
rulemaking is limited to the requirements set out in the proposed
rulemaking.
Licensees do not Need to Assemble the Summary Report
One commenter from the nuclear power industry states that the
requirement to generate but not submit a summary report for the
containment leakage tests provides no additional benefit and is an
unnecessary burden since the summary report contains data readily
available from other sources. The commenter suggests that the
requirement to generate the summary report be eliminated.
The NRC disagrees. The NRC believes that the results of containment
leakage tests, the licensee analysis verifying the acceptability of the
results, as well as any necessary interpretations of the results, is
necessary information which might not be documented absent this
documentation requirement. Furthermore, the assembly of a summary
report will provide access by NRC inspectors and auditors to this
information in a more timely fashion.
Public Participation in the NRC Regulatory Process Will Diminish
OCRE opposes the proposed rule because it believes that adoption of
the rule will diminish the public's access to information. OCRE states
that the public's health and safety is not the only factor to consider
when NRC proposes to eliminate some licensee reports. Access to these
reports, OCRE states, is vital for effective public participation in
the regulatory process.
To that end, OCRE has filed a petition for rulemaking with the NRC
(59 FR 30308, June 13, 1994). The purpose of the petition is to
establish public right-to-know provisions which would ensure public
access to licensee-held information.
In each case where the NRC considers eliminating a reporting
requirement, the NRC first considers the public health and safety
impact of the proposed elimination. If there is no direct impact on
public health and safety, the NRC also considers the reduced
administrative burden on the licensee and the extent to which the
proposed elimination will deprive the public of important health and
safety information. OCRE's comments have raised the generic issue of
the incremental and cumulative effect of this and similar
[[Page 13616]] rulemakings in depriving the public of access to
licensee information that was previously available from the NRC. In
that regard, OCRE has directly presented this issue to the Commission
through its petition for rulemaking referenced above and the NRC finds
that this generic issue is better addressed in the context of that
petition, rather than in individual rulemakings such as this one. The
NRC also finds that the effect of this rulemaking will be to reduce the
administrative burden on licensees and that the loss of the information
in this particular case will not adversely affect the public interest
in access to information regarding adequate protection of the public
health and safety.
Having considered all comments received and other input, the NRC
has determined that the following final rule should be promulgated.
Written Reports
This final rule would not require additional written reports. On
the contrary, under this final rule, reporting will be reduced for all
licensees under 10 CFR Parts 50, 55, and 73.
Criminal Penalties
For purposes of Section 223 of the Atomic Energy Act of 1954, as
amended, relating to willful violations of requirements notice is
hereby given that these amendments are being adopted and promulgated
pursuant to Sections 161b, 161i, or 161o of the Act.
Environmental Impact: Categorical Exclusion
The NRC has determined that this final 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 final rule amends information collection requirements that are
subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et
seq.). These requirements were approved by the Office of Management and
Budget, approval numbers 3150-0011, -0018, and -0002.
Because the rule will relax existing information collection
requirements, the annual public burden for this collection of
information is expected to be reduced by approximately 20 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, -0018, -
0002), Office of Management and Budget, Washington, DC 20503.
Regulatory Analysis
The Commission has prepared a regulatory analysis on this final
rule. The analysis examines the costs and benefits of the alternatives
considered by the Commission. The Commission requested public comment
on the draft regulatory analysis, but no comments were received.
Therefore, no changes to the draft regulatory analysis have been made.
The draft regulatory analysis is adopted as the final regulatory
analysis without change. The analysis is available for inspection in
the NRC Public Document Room, 2120 L Street NW. (Lower Level),
Washington, DC.
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 have a
significant economic impact on a substantial number of small entities.
This final 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 final rule because these amendments do not involve
any provisions which would impose backfits on licensees as defined in
Sec. 50.109(a)(1). In addition, information collection and reporting
requirements are not subject to the backfit rule.
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.
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 10 CFR 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
* * * * * [[Page 13617]]
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 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 report 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 report
required by V.B.
B. Recordkeeping 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. 10 CFR 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 described 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 Sec. 1701, 106 Stat.
2951, 2952, 2953 (42 U.S.C. 5841, 5844, 2297f).
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. Section 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 [[Page 13618]] 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 on 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 2nd day of March, 1995.
For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 95-6210 Filed 3-13-95; 8:45 am]
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