[Federal Register Volume 60, Number 139 (Thursday, July 20, 1995)]
[Proposed Rules]
[Pages 37374-37388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17718]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 2, 50, and 51
RIN 3150-AE96
Decommissioning of Nuclear Power Reactors
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission is proposing to amend its
regulations on the decommissioning procedures that lead to the
termination of an operating license for nuclear power reactors and
release of the property. The proposed amendments would clarify
ambiguities in the current rule and codify practices which have been
used for other licensees on a case-by-case basis. Some proposed
amendments have also been made for purposes of clarification and
procedural simplification for non-power reactors.
DATES: The comment period expires October 18, 1995. 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: Submit comments to: The Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, Attention:
Docketing and Service Branch. Copies of 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
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Dr. Carl Feldman, Office of Nuclear
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC
20555, telephone (301)-415-6194, Anthony W. Markley, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555, telephone (301)-415-1169, or Bradley W. Jones, Office of the
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC
20555, telephone (301) 415-1628.
SUPPLEMENTARY INFORMATION:
Electronic Access
Comments may be submitted electronically, in either ASCII text or
Word Perfect format (version 5.1 or later), by calling the NRC
Electronic Bulletin Board on FedWorld. The bulletin board may be
accessed using a personal computer, a modem, and one of the commonly
available communication software packages, or directly via Internet.
Background documents on the rulemaking are also available for
downloading and viewing on the bulletin board.
If using a personal computer and modem, the NRC subsystem on
FedWorld can be accessed directly by dialing the toll free number: 1-
800-303-9672. Communication software parameters should be set as
follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1).
Use ANSI or VT-100 terminal emulation. The NRC rulemaking subsystems
can then be accessed by selecting the ``Rules Menu'' option from the
``NRC Main Menu.'' For further information about options available for
NRC at FedWorld, consult the ``Help/Information Center'' from the ``NRC
Main Menu.'' Users will find the ``FedWorld Online User's Guides''
particularly helpful. Many NRC subsystems and databases also have a
``Help/Information Center'' option that is tailored to the particular
subsystem.
The NRC subsystem on FedWorld can also be accessed by a direct dial
phone number for the main FedWorld BBS: 703-321-3339; Telnet via
Internet: fedworld.gov (192.239.92.3); File Transfer Protocol (FTP) via
Internet: ftp.fedworld.gov (192.239.92.205); and World Wide Web using
the ``Home Page'': www.fedworld.gov (this is the Uniform Resource
Locator (URL)).
If using a method other than the NRC's toll free number to contact
FedWorld, then the NRC subsystem will be accessed from the main
FedWorld menu by selecting ``F--Regulatory, Government Administration
and State Systems'' or by entering the command ``/go nrc'' at a
FedWorld command line. At the next menu select ``A--Regulatory
Information Mall,'' and then select ``A--U.S. Nuclear Regulatory
Commission'' at the next menu. If you access NRC from FedWorld's
``Regulatory, Government Administration'' menu, then you may return to
FedWorld by selecting the ``Return to FedWorld'' option from the ``NRC
Main Menu.'' However, if you access NRC at FedWorld by using NRC's
toll-free number, then you will have full access to all NRC systems,
but you will not have access to the main FedWorld system. For more
information on NRC bulletin boards call Mr. Arthur Davis, Systems
Integration and Development Branch, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone (301) 415-5780; e-mail
AXD3@nrc.gov.
I. Background.
II. Existing Regulatory Framework and Need for the Amendments.
III. Clarification of the Applicability of 10 CFR Part 50 to
Permanently Shutdown Nuclear Power Plants.
IV. Criminal Penalties Provisions.
I. Background
When the decommissioning regulations were published and adopted on
June 27, 1988 (53 FR 24018), it was assumed that the majority of
nuclear power reactor licensees would decommission at the end of the
operating license. Since that time a number of licensees have shut down
prematurely without previously having submitted a decommissioning plan.
In addition, these licensees have requested exemptions from certain
operating requirements because, without fuel present in the reactor,
they are no longer needed. Each of these cases has been handled
individually without clearly defined generic requirements.
[[Page 37375]]
The Commission is proposing to amend the decommissioning
regulations in 10 CFR Parts 2, 50, and 51 to clarify ambiguities in the
current regulations and to codify procedures and terminology that have
been used in a number of specific cases. The Commission believes that
the proposed amendments would enhance efficiency and uniformity in the
decommissioning process for nuclear power reactors. The proposed
amendments would allow for greater public participation in the
decommissioning process and furnish the licensed community and the
public a better understanding of the process as the operating personnel
at a nuclear power reactor facility undergo the transition from an
operating organization to a decommissioning organization. This
rulemaking would address the process which begins with a licensee's
decision to permanently cease operations at the facility and concludes
with the Commission's approval of license termination. These rule
revisions would reduce regulatory burden while providing greater
flexibility for implementing decommissioning activities. This would
result in resource savings through a more efficient and uniform
regulatory process.
The conceptual approach the Commission has chosen divides power
reactor decommissioning activities into phases I, II, and III. Phase I
commences with the effective date of permanent cessation of operations
and deals with those licensee activities that the licensee undertakes
before placing the power reactor in a storage mode. Phase II deals with
licensee activities during the storage period, and Phase III deals with
the activities the licensee undertakes to terminate the license. The
implementation of this approach comprises the following aspects. During
Phase I, certifications would be provided to the NRC that the licensee
has permanently ceased operations and permanently removed all fuel from
the reactor vessel. At this time, the licensee would be prohibited by
regulation from operating the reactor. The proposed rule would also
make changes to Part 50 requirements to reflect the non-operating
status of the facility during the decommissioning process. The
licensing fee would also be substantially reduced because the license
would not meet the definition of an ``operating license'' as defined in
10 CFR 171.5. Based on these proposed regulatory changes a power
reactor licensee would no longer need to obtain a possession only
license amendment (POLA) to obtain regulatory relief when permanently
shut down, as currently must be done. However, for non-power reactor
licensees, a POLA would still be issued.
Although no major decommissioning activities, as defined in 10 CFR
50.2, would be allowed initially, limited licensee decommissioning
trust funds would be made available for planning purposes and early
activities. The remaining decommissioning funds would be made available
after submittal to the NRC of the licensee's detailed decommissioning
cost estimate. Before undertaking major decommissioning activities, the
licensee would be required to provide the NRC with a post-shutdown
decommissioning activities report (PSDAR) that provides a schedule of
planned decommissioning activities, an estimate of the decommissioning
costs expected to be incurred, and a discussion of environmental
impacts of decommissioning. The NRC, within a 90 day period, would
inform the public of the licensee's intent to decommission, make the
PSDAR available for public comment, and hold a public meeting in the
vicinity of the site to describe the planned activities and hear
additional public comments. The public meeting will normally be held at
least 30 days before the 90 day period of time ends. This process will
allow closer NRC oversight and better public knowledge of these
activities.
After this 90 day period of time, the licensee could begin major
decommissioning (i.e., dismantlement) activities as allowed under the
current 10 CFR 50.59, unless the NRC interposes an objection.
Additional criteria would be added to Sec. 50.59 specifically pertinent
to decommissioning activities. Further, should the licensee make any
significant changes to the PSDAR activities and schedules, which NRC
anticipates may occur as a result of such factors as utilization of new
decommissioning technology or access to low-level waste facilities, the
licensee would be required to give NRC prior notice before implementing
those changes.
After an optional period of storage (Phase II), Phase III would be
initiated when the licensee's application to terminate the license and
license termination plan were received by the NRC. At this time, a
supplemental environmental report would also be required if there were
the possibility of significant environmental impacts not previously
covered in other environmental impact statements. The Commission would
notice receipt of this information and provide opportunity for a
hearing, under Subpart L of 10 CFR 2.1201, on the license termination
plan.1 The Commission would also hold a public meeting in the
vicinity of the site, in a similar manner to the one held for the
PSDAR. Once the licensee had completed implementation of the
termination plan and the Commission had verified that the licensee had
satisfactorily implemented the termination plan then, as in the
existing rule, the Commission would terminate the license. Any Subpart
L hearing for the license termination plan amendment must be completed
prior to license termination.
\1\ The Subpart L process will be used and the 10 CFR 50 license
will be terminated only if spent fuel has been removed from the 10
CFR Part 50 licensed site to another authorized facility. If spent
fuel remains on the Part 50 site at the time of license termination
plan submittal, the Subpart G process will be used.
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Three aspects of these proposed regulatory changes that can affect
both power and non-power reactor facilities are addressed in the
proposed rule for purposes of clarification. The first provides that
environmental requirements for conditional release situations be
explicitly considered (10 CFR 51), based on the proposed
decommissioning residual radioactivity criteria rule (59 FR 43200
August 22, 1994). The second clarifies that a license that has expired
is not terminated until the Commission terminates it and further
clarifies what conditions prevail under such circumstances. The third
clarifies that existing technical specifications for reactors that are
not authorized to operate will remain effective until removed or
modified by license amendment.
Additionally, an aspect of these proposed regulatory changes that
affects non-power reactor facilities is addressed in the proposed rule
for purposes of procedural simplification. The requirement in the
current rule that preliminary decommissioning plans be submitted five
years prior to permanent shutdown or license expiration has been
changed to 2 years to take more realistic account of the planning time
periods necessary for non-power reactor facilities.
Finally, also for purposes of procedural simplification, an aspect
of these proposed regulatory changes that affects both power and non-
power reactor facilities is that the approved decommissioning plan for
the non-power reactor facilities or the approved license termination
plan for the power reactor facilities be made part of the FSAR. This
affords the licensee flexibility in making certain changes to these
plans without a formalized
[[Page 37376]]
amendment process which would otherwise be necessary.
On August 22, 1994 (59 FR 43200), the NRC published a proposed rule
on radiological criteria for decommissioning for comment. Section
20.1406(b) of the proposed rule would require that a Site Specific
Advisory Board (SSAB) be convened in cases where a licensee proposes to
request restricted release of the site. On December 6-8, 1994, a
workshop on this issue was held in Washington, DC. The objective of the
workshop was to conduct a discussion among affected interests on the
implementation of the SSAB requirement. The current rule is not
primarily intended to address the comments on the radiological criteria
rule for decommissioning. However, the staff was cognizant of the
comments made in that workshop and the language contained in this
proposed rule does address the concern for early public information and
participation raised in that forum. The staff will more directly
address the workshop comments in the development of the final rule on
the radiological criteria for decommissioning. If finalization of the
radiological criteria rule requires any modifications to the current
proposed rule, those modifications will be made as part of the
radiological criteria rule development process.
II. Existing Regulatory Framework and Need for the Amendments
The Commission has examined the present regulatory framework for
decommissioning, largely contained within 10 CFR 50.82, with additional
requirements in 10 CFR 50.75, 51.53, and 51.95, as well as the 10 CFR
50 technical requirements, to ascertain the appropriate regulatory path
to take that would ameliorate current licensing concerns without
compromising health and safety.
The current rule requires a licensee to submit a preliminary
decommissioning plan 5 years before permanent cessation of operations,
with a site-specific cost estimate, and an adjustment of financial
assurance funds. A detailed decommissioning plan must be submitted to
the NRC within 2 years after permanent cessation of operations. At that
time, a supplemental environmental report must also be submitted to the
NRC describing any substantive environmental impacts that are
anticipated but not already covered in other environmental impacts
documents. The detailed decommissioning plan contains an updated site-
specific cost estimate with decommissioning funds adjusted in an
external trust to make up for any shortfall. Currently, prior to
approval of the decommissioning plan by the Commission, no
decommissioning trust funds can be used (although case-specific
exceptions have been made). Finally, aside from the licensee
voluntarily informing the public about decommissioning activities, very
limited public input or participation is formally required in the
current rules. However, public meetings and informal hearings have been
held for plants undergoing decommissioning for case-specific
situations.
The proposed rule would preserve the substantive elements of the
current regulations, provide for greater public participation in the
decommissioning process, and allow the licensee to perform
decommissioning activities provided certain constraints are met. The
proposed rule would make the decommissioning process more responsive to
current licensing needs and improve the process in the areas of
understandability, efficiency, and uniformity.
During the Phase I process, proposed Sec. 50.82(a) provides that,
within 2 years of permanently ceasing operations, a post-shutdown
decommissioning activities report (PSDAR) must be submitted to the NRC.
The PSDAR would include a description of the licensee's planned
decommissioning activities and a schedule for their accomplishment, an
estimate of expected costs, and a discussion addressing whether or not
the environmental impacts associated with site-specific decommissioning
activities will be bounded by existing environmental impact statements.
Upon receipt of the PSDAR, the NRC will announce in the Federal
Register receipt of the report, make the PSDAR available for public
comment, and announce the location and time of a public meeting to be
held in the vicinity of the reactor facility site to discuss the
licensee's plans.2 Section 50.82(a) further states that after the
NRC receives certification of permanent removal of the fuel from the
reactor vessel and 90 days after the NRC receives the PSDAR, the
licensee may begin to perform major decommissioning activities if the
activities meet the requirements in Sec. 50.59. This would generally
occur 30 days after the public meeting.
\2\ There is nothing that prevents a licensee from developing
and submitting the PSDAR and the NRC from holding the public meeting
prior to the permanent cessation of operations.
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The provisions of Sec. 50.59 presently allow the licensee to make
changes to the facility during operation without express NRC approval
if these changes meet the conditions listed in Sec. 50.59, and the
licensee prepares and maintains a written safety evaluation that
provides the basis for their determination that the planned changes
meet the criteria specified in the regulation. The NRC inspects these
evaluations periodically to ensure that the licensee is complying with
the regulation. To ensure that licensees adequately address the unique
circumstances associated with decommissioning activities, the
Commission is proposing to include additional criteria for the use of
Sec. 50.59 during decommissioning. The criteria would apply to both
power and non-power reactors, although non-power reactor licensees
could not perform major decommissioning activities until they had an
approved decommissioning plan--as in the current rule. The Commission
proposes that in using the Sec. 50.59 process for post-shutdown
activities the licensee must meet the following criteria which provide
that the proposed activities must not: (1) Foreclose release of the
site for possible unrestricted use, (2) significantly increase
decommissioning costs, (3) cause any significant environmental impact
not previously reviewed, or (4) violate the terms of the licensee's
existing license. To undertake any activity that would not meet these
criteria, the licensee must submit a license amendment request, as is
currently the requirement under Sec. 50.59(c).
The Commission proposes to codify the position embodied in the
draft policy statement ``Use of Decommissioning Trust Funds Before
Decommissioning Plan Approval'' (59 FR 5216; February 3, 1994) that the
licensee should be allowed to use decommissioning trust funds subject
to certain criteria. The criteria presented in the draft policy
statement have been modified in the proposed rule in response to public
comments. The Commission recognizes the need for the licensee to
provide adequate financial assurance to complete decommissioning at any
time during operation, up to and including the termination of license,
and is proposing criteria, along with criteria that specify when and
how much of these trust funds can be used, to ensure that licensees
maintain adequate funds to complete decommissioning. In accordance with
the current rule, the Commission proposes to retain, under
Sec. 50.75(f), the requirement for site-specific cost estimates 5 years
before and within 2 years after the licensee's declaration of permanent
cessation of operations. (For non-power reactors, the Commission
[[Page 37377]]
proposes to require, under Sec. 50.75(f), that a preliminary
decommissioning plan be submitted 2 years rather than the current 5
years before permanent cessation of operations because this is a more
realistic timing requirement for non-power reactors.) Once the NRC has
received the licensee's certification of permanent cessation of
operations, decommissioning trust funds could be used by the licensee.
However, the withdrawal of funds would be subject to the following
criteria: (1) The withdrawals are for expenses for legitimate
decommissioning activities consistent with the definition of
decommissioning in Sec. 50.2; (2) The expenditure would not reduce the
value of the decommissioning trust below an amount necessary to place
and maintain the licensee's reactor in a safe storage condition if
unforeseen conditions or expenses arise and; (3) The withdrawals would
not inhibit the ability of the licensee to complete funding of any
shortfalls in the decommissioning trust needed to ensure the
availability of funds to ultimately release the site and terminate the
license.
The proposed rule would permit, under Sec. 50.82(a)(7), that 3
percent of the generic decommissioning cost amount, specified in
Sec. 50.75, could be used by the licensee initially for decommissioning
planning. Following the 90-day waiting period after the NRC has
received the licensee's PSDAR and upon certification of permanent
removal of fuel from the reactor vessel, an additional 20 percent could
be used to commence major decommissioning activities. Finally, the
proposed rule would require a site-specific cost analysis to be
submitted to the NRC prior to the licensee being permitted to use any
funding in excess of 23 percent of the generic cost estimate, and, in
any case, within 2 years of permanent cessation of operations.
After an optional period of storage (Phase II of the
decommissioning process), Sec. 50.82(a)(8) of the proposed rule would
require the licensee to complete decommissioning by submitting an
application to terminate the license along with a license termination
plan. This would initiate Phase III of the decommissioning process.
This process is similar to the requirements in the current rule for a
power reactor licensee that has permanently ceased operations and
decides to go into a storage mode. The current rule allows a less
detailed decommissioning plan initially, with the more detailed plan
nearer to the completion of decommissioning because more accurate
planning can be accomplished. The termination plan would contain
similar elements for consideration as the current rule requires. In
particular, the proposed rule would require that the termination plan
contain a site characterization, a description of remaining
dismantlement activities (if any), plans for site remediation, detailed
plans for the final radiation survey, a description of the end use of
the site (if restricted), an updated site-specific analysis of
remaining decommissioning costs, and a supplement to the environmental
report, as required by Sec. 51.53, that describes any new information
or significant environmental change associated with the licensee's
proposed decommissioning activities.
The NRC would notice receipt of the license termination plan as a
license amendment, conduct a public meeting in the vicinity of the
site, and provide opportunity for a 10 CFR part 2, subpart L, hearing,
as specified in Sec. 2.1201(a)(3), if the spent fuel had been removed
from the 10 CFR part 50 licensed site and transferred to an authorized
facility. Otherwise, there would be opportunity for a 10 CFR part 2,
subpart G, hearing, as provided for in the current rules. The license
could not be terminated if fuel were located on the site covered by the
10 CFR part 50 license. The Subpart L hearing is appropriate for the
nature of a permanently shutdown facility where the spent fuel has been
removed from the 10 CFR part 50 site and transferred to an authorized
facility, since the defueled site is analogous to materials licensees
that typically use Subpart L hearings for license amendments.
Appropriate conforming amendments have been proposed for 10 CFR 2.1205
and 50.91 to reflect the application of subpart L hearings to 10 CFR
part 50 license amendments following removal of the fuel from the 10
CFR part 50 licensed site and transfer to an authorized facility.
Section 50.82(a)(9) would specify that the Commission would approve the
termination plan and the plan would become part of the FSAR.
(Similarly, for non-power reactors, the decommissioning plan would
become part of the FSAR or equivalent.) As in the current rule, the
licensee would then execute the plan and, after this was accomplished
and verified by the NRC, the Commission would terminate the license.
In order to clear up various ambiguities in the current rule
regarding power reactors, definitions of permanent cessation of
operations, permanent removal of fuel from the reactor vessel, major
decommissioning activity, major radioactive components and certified
fuel handler, would be codified in Sec. 50.2. Because a licensee could
choose to undertake major decommissioning activities at the reactor
facility 90-days after the NRC receives the PSDAR, it is important to
define what ``major decommissioning activity'' means. The definition
chosen is, for a nuclear power reactor, any activity that results in
permanent removal of major radioactive components, permanently modifies
the structure of the containment, or results in dismantling components
for shipment containing greater than class C waste. Accordingly,
``major radioactive components'' would be defined for a nuclear power
reactor to comprise the reactor vessel and internals, steam generators,
pressurizers, large bore reactor coolant system piping, and other large
components that are radioactive.
Written communication requirements for licensee permanent cessation
of operations and permanent removal of fuel from the reactor vessel
would be specified in Secs. 50.4(b) (8) and (9). The licensee would be
required to state the date on which operations will cease, or have
ceased, in its certification of permanent cessation of operations. The
licensee, in its certification regarding permanent removal of fuel from
the reactor vessel, would state the date on which the fuel assemblies
were removed and their disposition.
Because of previous case-specific requests the NRC has received
from licenses for exemptions from operating requirements in recognition
of the permanent shutdown of the facility and permanent removal of fuel
from the reactor vessel, the Commission has undertaken an analysis to
determine the appropriateness of applying certain 10 CFR part 50
requirements during the post-shutdown period of the facility. The
results of a portion of that study are presented in Section III of this
rule.
This proposed rulemaking primarily addresses power reactor
facilities because, unlike non-power reactor facilities, a delay of up
to 60 years between the time of permanent cessation of operations and
license termination can occur. Such a situation, especially under
circumstances of premature closure, requires special regulatory
consideration to deal with licensee decommissioning activities in a
timely, efficient, and uniform manner. However, there are three aspects
of these proposed regulatory changes that can affect both power and
non-power reactor facilities. These aspects are addressed in the
proposed rule for purposes of clarification. The proposed rule includes
requirements for conditional release situations, as discussed in the
proposed decommissioning residual radioactivity
[[Page 37378]]
criteria rule (59 FR 43200; August, 22, 1994). Proposed Sec. 51.53(b)
(and correspondingly, under proposed Sec. 51.95 for NRC staff
requirements) states that environmental considerations of the
decommissioning activities must be explicitly considered during the
licensee's request for decommissioning plan or license termination plan
approval. Proposed Sec. 50.51(b) states that a license that has expired
is not terminated until the Commission notifies the licensee in writing
that the license is terminated. The proposed requirement further states
that during any period of continued effectiveness beyond the licensee's
stated expiration date, the licensee: (1) Is prohibited from operating
the production or utilization facility; (2) Must limit activities to
actions necessary to decommission and decontaminate the facility, or
actions necessary to maintain the facility, including the storage,
control and maintenance of the spent fuel in a safe condition and; (3)
Must conduct activities in accordance with all other restrictions
applicable to the facility in NRC regulations and provisions of the
specific part 50 license for the facility. This provision is consistent
with NRC requirements for other licensees and avoids any gaps in the
licensing of regulated facilities. This same rationale applies to both
power and non-power reactors. Accordingly, this clarification would
also pertain to non-power reactors. Finally, proposed Sec. 50.36(c)(6)
and (e) clarify that for reactors that are not authorized to operate,
existing technical specifications will remain effective until removed
or modified by license amendment.
III. Clarification of Applicability of 10 CFR Part 50 to Permanently
Shutdown Nuclear Power Plants
Once a decision has been made to permanently cease operations of a
nuclear power reactor, the proposed rule would require that the
licensee must notify the NRC, by certification, that the nuclear power
reactor has ceased operations and that fuel has been permanently
removed from the reactor vessel. Then, by NRC regulation, the
licensee's authority to operate the reactor or to maintain or place
fuel in the reactor would be removed, as specified in proposed
Sec. 50.82(a). This non-operating status would provide a basis to
remove regulatory requirements that are no longer necessary to protect
the public health and safety.
Licensees have historically pursued relief from these requirements
by means of obtaining license amendments and exemptions. This process
has placed significant resource burdens on both licensees and the
Commission. After a nuclear power reactor is permanently shutdown and
awaiting or undergoing decommissioning, certain regulations, which are
based on power operation, are no longer necessary. Other regulations
may have limited applicability but require modification to
appropriately address the concerns associated with the permanently shut
down condition. The Commission proposes to amend a number of the
regulations contained in 10 CFR part 50 to clarify their applicability
to permanently shutdown nuclear power reactors.
The following paragraphs discuss technical requirements that have
been determined to have limited or no applicability and require
clarification or modification of their applicability to permanently
shutdown nuclear power reactors. Once the technical review is
completed, future rulemaking may be forthcoming to address the
applicability of additional technical requirements to non-operating
reactors.
A. Technical Specifications
The requirements for technical specifications are found in 10 CFR
50.36. The applicability of 10 CFR 50.36 to the operational phase of a
nuclear reactor is clearly understood. However, the existing regulation
has caused uncertainty as to its applicability to the permanently
shutdown and decommissioning phase of a nuclear power reactor. The
Commission is proposing to amend 10 CFR 50.36 to clearly indicate that
the controls, limits, and requirements established by the technical
specifications are a continuing part of the license in the permanently
shutdown and decommissioning phase of a nuclear reactor. The Commission
recognizes that technical specifications pertinent to the operational
phase will need to be revised and amended to reflect plant conditions
and safety concerns associated with permanent cessation of operations
and permanent removal of the fuel from the reactor vessel. Existing
technical specifications will remain effective until removed or
modified by license amendment.
B. Technical Specifications for Effluents
Effluent technical specifications are found in 10 CFR 50.36a and
Appendix I. The applicability of 10 CFR 50.36a and Appendix I to the
operational phase of a nuclear power plant is clearly understood.
However, the existing regulation has caused uncertainty as to its
applicability to the permanently shutdown and decommissioning phase of
a nuclear power plant. The Commission is proposing to amend 10 CFR
50.36a and Appendix I to clearly indicate that the controls, limits,
and requirements for controlling radiological effluents are also
required during the permanently shut down and decommissioning phase of
a nuclear power plant.
C. Environmental Conditions
Requirements associated with environmental conditions are found in
10 CFR 50.36b. The applicability of 10 CFR 50.36b to the operational
phase of a nuclear power plant is clearly understood. However, the
existing regulation has caused uncertainty as to its applicability to
the permanently shutdown and decommissioning phase of a nuclear power
plant. The Commission is proposing to amend 10 CFR 50.36b to clearly
indicate that conditions to protect the environment remain a part of
the license and are required during the permanently shutdown and
decommissioning phase of a nuclear power plant.
D. Combustible Gas Control
The combustible gas control requirements are found in 10 CFR 50.44.
These requirements were instituted to improve hydrogen management in
light water reactor (LWR) facilities and to provide specific design and
other requirements to mitigate the consequences of accidents resulting
in a degraded core. The requirements focus on the capability for
measuring hydrogen concentration, ensuring a mixed atmosphere, and
controlling combustible gas mixtures following a loss of coolant
accident (LOCA). The concern for hydrogen generation during a LOCA does
not exist with the permanently shutdown power reactor. A nuclear power
plant that has permanently ceased operations and permanently removed
all of its fuel outside of primary containment no longer presents
challenges to the reactor pressure vessel and primary containment from
accident-generated combustible gases, and such concerns are no longer
an issue. Therefore, the Commission is proposing to amend the
requirements in 10 CFR 50.44 to indicate its nonapplicability to this
situation.
E. Emergency Core Cooling Systems (ECCS) Acceptance Criteria
The acceptance criteria for ECCS for LWRs are found in 10 CFR 50.46
and in Appendix K. These regulations require that the ECCS be designed
to provide for long term cooling by limiting post LOCA peak cladding
temperature, clad oxidation, and hydrogen generation to specified
values. Without fuel in the vessel, ECCS systems are not required
[[Page 37379]]
because a design basis LOCA could not occur. Therefore, the Commission
is proposing to amend 10 CFR 50.46 and Appendix K to indicate their
nonapplicability to a nuclear power reactor facility that has
permanently ceased operations and has permanently removed fuel from the
reactor vessel.
F. Fire Protection
Section 50.48 does not address fire protection for power reactor
facilities that have permanently ceased operations and permanently
removed fuel from the reactor vessel. However, the facility still
remains radioactively contaminated and may (and most likely will)
maintain fuel at the facility. Section 50.48(f) has been added to the
proposed amendments to require licensees that have permanently ceased
operations to maintain a fire protection program. The proposed rule
permits the licensee to make changes to the fire protection program
without NRC approval if these changes do not reduce the effectiveness
of fire protection for facilities, systems and equipment which could
result in a radiological hazard, taking into account the
decommissioning plant conditions and activities.
G. Environmental Qualification
The regulations for equipment qualification (EQ) are found in 10
CFR 50.49. The regulations cover that portion of equipment important to
safety commonly referred to as ``safety related.'' Safety related
structures, systems, and components (SSCs) are those that are relied
upon to remain functional during and following design basis events to
ensure: (1) The integrity of the reactor coolant pressure boundary, (2)
the capability to shut down the reactor and maintain it in a safe
condition, and (3) the capability to prevent or mitigate the
consequences of accidents that could result in potential offsite
exposures comparable to the guidelines of 10 CFR Part 100. Design basis
events are defined as conditions of normal operation of the reactor,
including anticipated operational occurrences, design basis accidents,
external events, and natural phenomena, for which the plant must be
designed to ensure the functions (1) through (3).
The EQ rule is clearly limited to electrical equipment that must
function during design basis events. In response to comments on the
final rule, (48 FR 2729, January 21, 1983), the Commission noted that
the EQ rule does not cover the electric equipment located in a mild
environment. With permanent cessation of operations and permanent
removal of fuel from the reactor vessel, the harsh environment
associated with LOCA accidents can no longer occur. Therefore, the
Commission is proposing to amend 10 CFR 50.49 to indicate its
nonapplicability to a nuclear power reactor facility licensed under
these conditions.
H. Containment Leakage Testing
In 10 CFR 50.54, paragraph (o) requires that primary containments
for water cooled reactors be subject to the requirements of 10 CFR Part
50, Appendix J. This appendix requires periodic testing to verify the
leak-tight integrity of the primary containment and those systems and
components that penetrate the containment. The primary containment of
an operating reactor is one of several fission product barriers
designed to protect the public health and safety in the event of a
design basis accident such as a LOCA. Once a nuclear power reactor
permanently ceases operations, the fuel is removed from the reactor
vessel and placed in the spent fuel pool or an independent spent fuel
storage installation (ISFSI). After the fuel has been removed from the
reactor vessel, a LOCA can no longer occur. Therefore, leakage testing
of the containment is no longer necessary. As a result, the Commission
is proposing to amend 10 CFR 50.54(o) to indicate its nonapplicability
to a nuclear power reactor facility that has permanently ceased
operations and has permanently removed fuel from the reactor vessel.
I. Emergency Actions
In 10 CFR 50.54(x) a licensee is allowed to take reasonable actions
that may depart from a license condition or technical specification in
an emergency. This is permitted when action is immediately needed to
protect the public health and safety and no actions consistent with
license conditions and technical specifications that can provide
adequate or equivalent protection are immediately apparent.
These regulations serve to ensure that emergency action decisions
necessary to protect the public health and safety are made by an
individual who has both the requisite knowledge and plant experience.
The licensed senior operator at an operating nuclear power reactor has
the requisite knowledge and experience to evaluate plant conditions and
make these judgments.
The Commission is proposing to amend 10 CFR 50.54(y) to permit a
certified fuel handler at nuclear power reactors that have permanently
ceased operations and permanently removed fuel from the reactor vessel,
subject to the requirements of Sec. 50.82(a) and consistent with the
proposed definition of ``Certified Fuel Handler'' specified in
Sec. 50.2, to make these evaluations and judgments. A nuclear power
reactor that has permanently ceased operations and no longer has fuel
in the reactor vessel does not require a licensed individual to monitor
core conditions. A certified fuel handler at a permanently shutdown and
defueled nuclear power reactor undergoing decommissioning is an
individual who has the requisite knowledge and experience to evaluate
plant conditions and make these judgements.
J. Fracture Prevention Measures
The regulations in 10 CFR 50.60, 50.61, and Appendices G and H
specify the requirements for fracture toughness and material
surveillance programs for the reactor coolant pressure boundary of
LWRs. The intent of these regulations is to maintain reactor coolant
pressure boundary integrity by assuring adequate margins of safety
during any condition of normal operation, including anticipated
operational occurrences.
After the fuel has been removed from the reactor vessel, accidents
and transients that affect the integrity of the reactor coolant
pressure boundary can no longer occur. The measures required by these
regulations are no longer necessary. Therefore, the Commission is
proposing to amend 10 CFR 50.60 and 50.61 to indicate their
nonapplicability to a nuclear power reactor facility that has
permanently ceased operations and has permanently removed fuel from the
reactor vessel.
K. Anticipated Transient Without Scram Requirements
The purpose of 10 CFR 50.62 is to require improvements in the
design and operation of LWRs to reduce the likelihood of reactor
protection system (RPS) failure following anticipated operational
occurrences. This regulation also requires improvements in the
capability to mitigate the consequences of an anticipated transient
without scram (ATWS) event.
Although the ATWS event can be a significant contributor to
operating plant risk, it is not relevant to nuclear power plants that
have permanently ceased operations and have permanently removed fuel
from the reactor since the RPS is no longer needed. Therefore, the
Commission is proposing to amend 10 CFR 50.62 to indicate its
nonapplicability to a nuclear power reactor facility that has
permanently ceased operations and permanently removed fuel from the
reactor vessel.
[[Page 37380]]
L. Monitoring the Effectiveness of Maintenance
The applicability of 10 CFR 50.65 to the operational phase of a
nuclear power plant is well understood. However, to eliminate any
uncertainty as to its applicability to the permanently shutdown and
decommissioning phase of a nuclear power plant, the Commission is
proposing to amend 10 CFR 50.65 to clearly indicate that the licensee
must monitor the performance or condition of all structures, systems,
and components associated with the storage, control, and maintenance of
spent fuel in a safe condition during the permanently shutdown and
decommissioning phase of a nuclear power plant subject to the
requirements of Sec. 50.82(a).
M. Maintenance of Records and the Making of Reports
The requirements for licensees to periodically update the Final
Safety Analysis Report (FSAR) are contained in 10 CFR 50.71. The
regulation requires that ``persons licensed to operate a nuclear power
reactor'' update the facility FSAR annually or after each refueling
outage with intervals not to exceed 24 months. In order to ensure that
applicable sections of facility FSARs continue to be updated, the
Commission is proposing to amend this regulation to make it applicable
to licensees that have permanently ceased operations, pursuant to
Sec. 50.82(a)(1). The Commission is also proposing that the
decommissioning plan for non-power reactors be made a part of the
facility FSAR or equivalent. These changes will permit licensees to
update their FSARs and decommissioning planning documents without prior
NRC approval.
IV. Criminal Penalties Provisions
The existing provisions of 10 CFR 50.82 are treated as
nonsubstantive and are not subject to criminal enforcement. Under the
Commission's proposed amendments to 10 CFR 50.82, licensees would be
required to take certain actions which the Commission believes are
essential in initiating the decommissioning process; e.g., certifying
to permanent cessation of operations and permanent removal of fuel from
the reactor vessel, and submitting a PSDAR. Thus, the Commission
believes that the amended provisions of 10 CFR 50.82 should be
considered as substantive and issued under sections 161b, 161i, or 161o
of the Atomic Energy Act of 1954, as amended. Accordingly, the
Commission is proposing to amend 10 CFR 50.111(b) to remove the
exemption for Sec. 50.82 from the criminal penalty provisions.
Finding of No Significant Environmental Impact Availability
The Commission 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, if adopted, 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 proposed rule would clarify current decommissioning
requirements for nuclear power reactors in 10 CFR Part 50, and set
forth a more efficient, uniform, and understandable process. The
Commission has already analyzed the major environmental impacts
associated with decommissioning in the Generic Environmental Impact
Statement (GEIS), NUREG-0586, August 1988, published in conjunction
with the Commission's final decommissioning rule (53 FR 24018, June 27,
1988). The NRC has sent a copy of the Environmental Assessment and this
proposed rule to every State Liaison Officer and requested their
comments on the Environmental Assessment. The environmental assessment
and finding of no significant impact on which this determination is
based are available for inspection and photocopying for a fee at the
NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington,
DC. Single copies of the environmental assessment and the finding of no
significant impact are available from Carl Feldman, U.S. NRC, Washinton
DC 20555, (301) 415-6194.
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 12,202 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 further 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), Office of Management and Budget, Washington,
DC 20503.
Regulatory Analysis
The NRC has prepared a draft regulatory analysis of this proposed
regulation. The analysis qualitatively examines the costs and benefits
of the alternatives considered by the NRC. The draft regulatory
analysis is available for inspection in the NRC Public Document Room,
2120 L Street NW. (Lower Level), Washington, DC 20555. Single copies of
the analysis may be obtained from Dr. Carl Feldman, Office of Nuclear
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC
20555, telephone (301) 415-6194.
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. The proposed rule would impose requirements for
timely decommissioning of nuclear power plants. The companies that own
these plants do not fall within the scope of the definition of small
entities as given in the Regulatory Flexibility Act or the Small
Business Size Standards promulgated in regulations issued by the Small
Business Administration (13 U.S.C. Part 121).
Backfit Analysis
The Commission is proposing not to apply the backfit rule, 10 CFR
50.109, to these proposed amendments, and therefore, a backfit analysis
has not been prepared for this rule. The scope of the backfit provision
in 10 CFR 50.109 is limited to construction and operation of reactors.
These proposed amendments would only apply to reactors which have
permanently ceased operations and, as such, would not constitute
backfits under 10 CFR 50.109.
List of Subjects
10 CFR Part 2
Administrative practice and procedure, Antitrust, Byproduct
material, Classified information,
[[Page 37381]]
Environmental protection, Nuclear materials, Nuclear power plants and
reactors, Penalty, Sex discrimination, Source material, Special nuclear
material, Waste treatment and disposal.
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 51
Administrative practice and procedure, Environmental impact
statement, Nuclear materials, Nuclear power plants and reactors,
Reporting and recordkeeping requirements.
For 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, and 5 U.S.C. 553, the NRC is proposing to adopt the
following amendments to 10 CFR Parts 2, 50, and 51.
PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND
ISSUANCE OF ORDERS
1. The authority citation for part 2 continues to read as follows:
Authority: Secs. 161, 181, 68 Stat. 948, 953, as amended (42
U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat.
409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C.
5841); 5 U.S.C. 552.
Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104,
105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42
U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub.
L. 97-425 96 Stat. 2213, as amended (42 U.S.C. 10134(f)); sec. 102,
Pub. L. 91-190, 83 Stat 853, as amended (42 U.S.C. 4332); sec. 301,
88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105,
2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat.
936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134,
2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-415,
96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued
under secs. 161b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83
Stat. 444, as amended (42 U.S.C. 2236, 2282); sec. 206, 88 Stat.
1246 (42 U.S.C. 5846). Sections 2.600-2.606 also issued under sec.
102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332).
Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections
2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section
2.764 and Table 1A of Appendix C also issued under secs. 135, 141,
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended
(42 U.S.C. 2133) and 5 U.S.C. 552. Section 2.800 and 2.808 also
issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C
553 and sec. 29, Pub. L. 85-256, 71 Stat. 579, as amended (42 U.S.C.
2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C.
2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154).
Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239).
Appendix A also issued under sec. 6, Pub. L. 91-560, 84 Stat. 1473
(42 U.S.C. 2135). Appendix B also issued under Sec. 10, Pub. L. 99-
240, 99 Stat. 1842 (42 U.S.C. 2021b et. seq.).
2. In Sec. 2.1201, paragraph (a)(3) is added to read as follows:
Sec. 2.1201 Scope of subpart.
(a) * * *
(3) The amendment of a part 50 license following permanent removal
of fuel from the site to an authorized facility for licensees that have
previously made declarations related to permanent cessation of
operations and permanent removal of fuel from the reactor in accordance
with Sec. 50.82(a)(1). Subpart L hearings for the license termination
plan amendment, if conducted, must be completed prior to license
termination.
* * * * *
3. In Sec. 2.1203 paragraph (e) is revised to read as follows:
Sec. 2.1203 Docket; filing; service.
* * * * *
(e) A request for a hearing or petition for leave to intervene must
be served in accordance with Sec. 2.712 and Sec. 2.1205 (f) and (k).
All other documents issued by the presiding officer or the Commission
or offered for filing are served in accordance with Sec. 2.712.
4. In Sec. 2.1205, paragraphs (c) through (n) are redesignated as
paragraphs (d) through (o), a new paragraph (c) is added, and newly
designated paragraphs (d) introductory text, (d)(1), (d)(2)
introductory text, (e)(2), (e)(4), (h) introductory text, (i), (j)
introductory text, (k) introductory text, (k)(3), (l)(1) introductory
text, and (l)(2) are revised to read as follows:
Sec. 2.1205 Request for a hearing; petition for leave to intervene.
* * * * *
(c) For amendments of part 50 licenses under Sec. 2.1201(a)(3), a
notice of receipt of the application, with reference to the opportunity
for a hearing under the procedures set forth in this subpart, must be
published in the Federal Register at least 30 days prior to issuance of
the requested amendment by the Commission.
(d) A person, other than an applicant, shall file a request for a
hearing within--
(1) Thirty (30) days of the agency's publication in the Federal
Register of a notice, which must include a reference to the opportunity
for a hearing under the procedures set forth in this subpart, referring
to either the receipt of an application, or the granting of an
application, in whole or in part, requesting a licensing action. With
respect to an amendment described in Sec. 2.1201(a)(3), the Commission,
prior to issuance of the requested amendment, will follow the
procedures in Sec. 50.91 and Sec. 50.92(c) to the extent necessary to
make a determination on whether the amendment involves a significant
hazards consideration. If the Commission finds there are significant
hazards considerations involved in the requested amendment, the
amendment will not be issued until any hearings under this paragraph
are completed.
(2) If a Federal Register notice is not published in accordance
with paragraph (d)(1), the earliest of--
* * * * *
(e) * * *
(2) How the interests may be affected by the results of the
proceeding, including the reasons why the requestor should be permitted
a hearing, with particular reference to the factors set out in
paragraph (h) of this section;
* * * * *
(4) The circumstances establishing the request for a hearing is
timely in accordance with paragraph (d) of this section.
* * * * *
(h) In ruling on a request for a hearing filed under paragraph (d)
of this section, the presiding officer shall determine that the
specified areas of concern are germane to the subject matter of the
proceeding and that the petition is timely. The presiding officer also
shall determine that the requestor meets the judicial standards for
standing and shall consider, among other factors--
* * * * *
(i) If a hearing request filed under paragraph (c) of this section
is granted, the applicant and the NRC staff shall be parties to the
proceeding. If a hearing request filed under paragraph (d) of this
section is granted, the requestor shall be a party to the proceeding
along with the applicant and the NRC staff, if the staff chooses or is
ordered to participate as a party in accordance with Sec. 2.1213.
(j) If a request for hearing is granted and a notice of the kind
described in paragraph (d)(1) of this section previously has not been
published in the Federal Register, a notice of hearing must be
published in the Federal Register stating--
* * * * *
(k) Any petition for leave to intervene must be filed within thirty
(30) days of the date of publication of the notice of
[[Page 37382]]
hearing. The petition must set forth the information required under
paragraph (e) of this section.
* * * * *
(3) Thereafter, the petition for leave to intervene must be ruled
upon by the presiding officer, taking into account the matters set
forth in paragraph (h) of this section.
* * * * *
(l) (1) A request for a hearing or a petition for leave to
intervene found by the presiding officer to be untimely under paragraph
(d) or (k) of this section will be entertained only upon determination
by the Commission or the presiding officer that the requestor or
petitioner has established that--
* * * * *
(2) If the request for a hearing on the petition for leave to
intervene is found to be untimely and the requestor or petitioner fails
to establish that it otherwise should be entertained on the paragraph
(l)(1) of this section, the request or petition will be treated as a
petition under Sec. 2.206 and referred for appropriate disposition.
* * * * *
5. In Sec. 2.1211, paragraph (b) is revised to read as follows:
Sec. 2.1211 Participation by a person not a party.
* * * * *
(b) Within thirty days of an order granting a request for a hearing
made under Sec. 2.1205 (c) and (d) or, in instances when it is
published, within thirty days of notice of hearing issued under
Sec. 2.1205(j), the representative of the interested State, county,
municipality, or an agency thereof, may request an opportunity to
participate in a proceeding under this subpart. The request for an
opportunity to participate must state with reasonable specificity the
requestor's areas of concern about the licensing activity that is the
subject matter of the proceeding. Upon receipt of a request that is
filed in accordance with these time limits and that specifies the
requestor's areas of concern, the presiding officer shall afford the
representative a reasonable opportunity to make written and oral
presentations in accordance with Secs. 2.1233 and 2.1235, without
requiring the representative to take a position with respect to the
issues. Participants under this paragraph may notice an appeal of an
initial decision in accordance with Sec. 2.1253 with respect to any
issue on which they participate.
6. Section 2.1213 is revised to read as follows:
Sec. 2.1213 Role of the NRC staff.
If a hearing request is filed under Sec. 2.1205(c), the NRC staff
shall be a party to the proceeding. If a hearing request is filed under
Sec. 2.1205(d), within ten (10) days of the designation of a presiding
officer pursuant to Sec. 2.1207 the NRC staff shall notify the
presiding officer whether or not the staff desires to participate as a
party to the adjudication. In addition, upon a determination by the
presiding officer that the resolution of any issue in the proceeding
would be aided materially by the staff's participation in the
proceeding as a party, the presiding officer may order or permit the
NRC staff to participate as a party with respect to that particular
issue.
7. In Sec. 2.1233, paragraph (c) is revised to read as follows:
Sec. 2.1233 Written presentations; written questions.
* * * * *
(c) In a hearing initiated under Sec. 2.1205(d), the initial
written presentation of a party that requested a hearing or petitioned
for leave to intervene must describe in detail any deficiency or
omission in the license application, with references to any particular
section or portion of the application considered deficient, give a
detailed statement of reasons why any particular sections or portion is
deficient or why an omission is material, and describe in detail what
relief is sought with respect to each deficiency or omission.
* * * * *
8. Section 2.1263, is revised to read as follows:
Sec. 2.1263 Stays of NRC staff licensing actions or of decisions of a
presiding officer or the Commission pending hearing or review.
Applications for a stay of any decision or action of the
Commission, a presiding officer, or any action by the NRC staff in
issuing a license in accordance with Sec. 2.1205(m) are governed by
Sec. 2.788, except that any request for a stay of staff licensing
action pending completion of an adjudication under this subpart must be
filed at the time a request for a hearing or petition to intervene is
filed or within ten (10) days of the staff's action, whichever is
later. A request for a stay of a staff licensing action must be filed
with the adjudicatory decision maker before which the licensing
proceeding is pending.
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
9. The authority citation for 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).
10. In Sec. 50.2, the terms ``Certified fuel handler,'' ``Major
decommissioning activity,'' ``Major radioactive components,''
``Permanent cessation of operations,'' and ``Permanent fuel removal''
are added to read as follows:
Sec. 50.2 Definitions.
* * * * *
Certified fuel handler means, for a nuclear power reactor, a non-
licensed operator who has qualified in accordance with a fuel handler
training program approved by the Commission.
* * * * *
Major decommissioning activity means, for a nuclear power reactor,
any activity that results in permanent removal of major radioactive
components, permanently modifies the structure of the containment, or
results in dismantling components for shipment containing greater than
class C waste in accordance with Sec. 61.55 of this chapter.
Major radioactive components means, for a nuclear power reactor,
the reactor vessel and internals, steam generators, pressurizers, large
bore reactor coolant system piping, and other large components that are
radioactive.
* * * * *
[[Page 37383]]
Permanent cessation of operation(s) means, for a nuclear power
reactor, a certification by a licensee to the NRC that it has
permanently ceased or will permanently cease reactor operation(s), or a
final legally effective order to permanently cease operation(s) has
come into effect.
Permanent fuel removal means, for a nuclear power reactor, a
certification by the licensee to the NRC that it has permanently
removed all fuel assemblies from the reactor vessel.
* * * * *
11. In Sec. 50.4, paragraphs (b)(8) and (b)(9) are added to read as
follows:
Sec. 50.4 Written communications.
* * * * *
(b) * * *
(8) Certification of permanent cessation of operations. The
licensee's certification of permanent cessation of operations, pursuant
to Sec. 50.82(a)(1), must state the date on which operations have
ceased or will cease, and the signed and notarized original must be
submitted to: The Nuclear Regulatory Commission, Document Control Desk,
Washington, DC 20555.
(9) Certification of Permanent Fuel Removal. The licensee's
certification of permanent fuel removal, pursuant to Sec. 50.82(a)(1),
must state the date on which the fuel was removed from the reactor
vessel and the disposition of the fuel, and the signed and notarized
original must be submitted to: The Nuclear Regulatory Commission,
Document Control Desk, Washington, DC 20555.
* * * * *
12. In Sec. 50.36, paragraphs (c)(6) and (c)(7) are redesignated as
(c)(7) and (c)(8) and new paragraphs (c)(6) and (e) are added to read
as follows:
* * * * *
Sec. 50.36 Technical specifications.
* * * * *
(c) * * *
(6) Decommissioning. This paragraph applies only to nuclear power
reactors that have submitted the certifications required by
Sec. 50.82(a)(1) and to non-power reactors which are not authorized to
operate. Technical specifications involving safety limits, limiting
safety system settings, and limiting control system settings; limiting
conditions for operation; surveillance requirements; design features;
and administrative controls will be developed on a case-by-case basis.
* * * * *
(e) The provisions of this section apply to each nuclear reactor
licensee whose authority to operate the reactor has been removed by
license amendment, order, or regulation.
13. Section 50.36a is revised to read as follows:
Sec. 50.36a Technical specifications on effluents from nuclear power
reactors.
(a) In order to keep releases of radioactive materials to
unrestricted areas during normal conditions, including expected
occurrences, as low as reasonably achievable, each licensee of a
nuclear power reactor will include technical specifications that, in
addition to requiring compliance with applicable provisions of
Sec. 20.1301 of this chapter, require that:
(1) Operating procedures developed pursuant to Sec. 50.34a(c) for
the control of effluents be established and followed and that equipment
installed in the radioactive waste system, pursuant to Sec. 50.34(a),
be maintained and used. The licensee shall retain the operating
procedures in effect as a record until the Commission terminates the
license and shall retain each superseded revision of the procedures for
three years from the date it was superseded.
(2) Each licensee shall submit a report to the Commission annually
that specifies the quantity of each of the principal radionuclides
released to unrestricted areas in liquid and in gaseous effluents
during the previous 12 months, including any other information as may
be required by the Commission to estimate maximum potential annual
radiation doses to the public resulting from effluent releases. The
report must be submitted as specified in Sec. 50.4, and the time
between submission of the reports must be no longer than 12 months. If
quantities of radioactive materials released during the reporting
period are significantly above design objectives, the report must cover
this specifically. On the basis of these reports and any additional
information the Commission may obtain from the licensee or others, the
Commission may require the licensee to take action as the Commission
deems appropriate.
(b) In establishing and implementing the operating procedures
described in paragraph (a) of this section, the licensee shall be
guided by the following considerations: Experience with the design,
construction, and operation of nuclear power reactors indicates that
compliance with the technical specifications described in this section
will keep average annual releases of radioactive material in effluents
and their resultant committed effective dose equivalents at small
percentages of the dose limits specified in Sec. 20.1301 and in the
license. At the same time, the licensee is permitted the flexibility of
operation, compatible with considerations of health and safety, to
assure that the public is provided a dependable source of power even
under unusual conditions which may temporarily result in releases
higher than such small percentages, but still within the limits
specified in Sec. 20.1301 of this chapter and in the license. It is
expected that in using this flexibility under unusual conditions, the
licensee will exert its best efforts to keep levels of radioactive
material in effluents as low as is reasonably achievable. The guides
set out in Appendix I to this part provide numerical guidance on
limiting conditions for operation for light-water cooled nuclear power
reactors to meet the requirement that radioactive materials in
effluents released to unrestricted areas be kept as low as is
reasonably achievable.
14. Section 50.36b is revised to read as follows:
Sec. 50.36b Environmental conditions.
Each license authorizing operation of a production or utilization
facility, and each licensee for a reactor facility for which the
certification of permanent cessation of operations required under
Sec. 50.82(a)(1) has been submitted, which is of a type described in
Sec. 50.21(b)(2) or (3) or Sec. 50.22 or is a testing facility may
include conditions to protect the environment to be set out in an
attachment to the license which is incorporated in and made a part of
the license. These conditions will be derived from information
contained in the environmental report and the supplement to the
environmental report submitted pursuant to Secs. 51.50 and 51.53 of
this chapter as analyzed and evaluated in the NRC record of decision,
and will identify the obligations of the licensee in the environmental
area, including, as appropriate, requirements for reporting and keeping
records of environmental data, and any conditions and monitoring
requirement for the protection of the nonaquatic environment.
15. In Sec. 50.44, the introductory text of paragraph (a) is
revised to read as follows:
Sec. 50.44 Standards for combustible gas control system in light-
water-cooled power reactors.
(a) Each boiling or pressurized light-water nuclear power reactor
fueled with oxide pellets within cylindrical zircaloy or ZIRLO
cladding, other than a reactor facility for which the certifications
required under Sec. 50.82(a)(1) have been submitted, must, as provided
in paragraphs (b) through (d) of this section, include means for
control of hydrogen gas that may be generated,
[[Page 37384]]
following a postulated loss-of-coolant accident (LOCA) by---
* * * * *
16. In Sec. 50.46, paragraph (a)(1)(i) is revised to read as
follows:
Sec. 50.46 Acceptance criteria for emergency core cooling systems for
light water nuclear power reactors.
(a)(1)(i) Each boiling or pressurized light-water nuclear power
reactor fueled with uranium oxide pellets within cylindrical zircaloy
or ZIRLO cladding, other than a reactor facility for which the
certifications required under Sec. 50.82(a)(1) have been submitted,
must be provided with an emergency core cooling system (ECCS) that must
be designed so that its calculated cooling performance following
postulated loss-of-coolant accidents conforms to the criteria set forth
in paragraph (b) of this section. ECCS cooling performance must be
calculated in accordance with an acceptable evaluation model and must
be calculated for a number of postulated loss-of-coolant accidents of
different sizes, locations, and other properties sufficient to provide
assurance that the most severe postulated loss-of-coolant accidents are
calculated. Except as provided in paragraph (a)(1)(ii) of this section,
the evaluation model must include sufficient supporting justification
to show that the analytical technique realistically describes the
behavior of the reactor system during a loss-of-coolant accident.
Comparisons to applicable experimental data must be made and
uncertainties in the analysis method and inputs must be identified and
assessed so that the uncertainty in the calculated results can be
estimated. This uncertainty must be accounted for, so that, when the
calculated ECCS cooling performance is compared to the criteria set
forth in paragraph (b) of this section, there is a high level of
probability that the criteria would not be exceeded. Appendix K to this
part, Part II Required Documentation, sets forth the documentation
requirements for each evaluation model.
* * * * *
17. In Sec. 50.48, paragraph (f) is added to read as follows:
Sec. 50.48 Fire protection.
* * * * *
(f) Licensees that have submitted the certifications required under
Sec. 50.82(a)(1) shall maintain a fire protection program to address
the potential for fires which could cause the release or spread of
radioactive materials (i.e., which could result in a radiological
hazard).
(1) The objectives of the fire protection program are to:
(i) Reasonably prevent such fires from occurring;
(ii) Rapidly detect, control, and extinguish those fires which do
occur and which could result in a radiological hazard; and
(iii) Ensure that the risk of fire-induced radiological hazards to
the public, environment and plant personnel is minimized.
(2) The fire protection program must be assessed by the licensee on
a regular basis and revised as appropriate throughout the various
stages of facility decommissioning.
(3) The licensee may make changes to the fire protection program
without NRC approval if these changes do not reduce the effectiveness
of fire protection for facilities, systems and equipment which could
result in a radiological hazard, taking into account the
decommissioning plant conditions and activities.
18. In Sec. 50.49, paragraph (a) is revised to read as follows:
Sec. 50.49 Environmental qualification of electric equipment important
to safety for nuclear power plants.
(a) Each holder of or an applicant for a license for a nuclear
power plant, other than a reactor facility for which the certifications
required under Sec. 50.82(a)(1) have been submitted, shall establish a
program for qualifying the electric equipment defined in paragraph (b)
of this section.
* * * * *
19. In Sec. 50.51, the section heading is revised, the existing
paragraph is designated paragraph (a), and paragraph (b) is added to
read as follows:
* * * * *
Sec. 50.51 Continuation of license.
* * * * *
(b) Each license will continue in effect beyond the expiration
date, if necessary, with respect to possession of the production or
utilization facility, until the Commission notifies the licensee in
writing that the license is terminated. During any period of continued
effectiveness of a license beyond the license's stated expiration date,
except for a license which is in timely renewal status under Sec. 2.109
of this chapter, the licensee is prohibited from operating the
production or utilization facility and shall--
(1) Take actions necessary to decommission and decontaminate the
facility and continue to maintain the facility, including the storage,
control and maintenance of the spent fuel, in a safe condition, and
(2) Conduct activities in accordance with all other restrictions
applicable to the facility in accordance with the NRC regulations and
the provisions of the specific part 50 license for the facility.
* * * * *
20. In Sec. 50.54, paragraphs (o) and (y) are revised to read as
follows:
Sec. 50.54 Conditions of licenses.
* * * * *
(o) Primary reactor containments for water cooled power reactors,
other than reactor facilities for which the certifications required
under Sec. 50.82(a)(1) have been submitted, shall be subject to the
requirements set forth in Appendix J to this part.
* * * * *
(y) Licensee action permitted by paragraph (x) of this section
shall be approved, as a minimum, by a licensed senior operator, or, at
a nuclear power reactor for which the certifications required under
Sec. 50.82(a)(1) have been submitted, by either a licensed senior
operator or a certified fuel handler, prior to taking the action.
* * * * *
21. In Sec. 50.59, paragraphs (d), (e), and (f) are added to read
as follows:
Sec. 50.59 Changes, tests and experiments.
* * * * *
(d) All the provisions of this section shall apply to each nuclear
power reactor licensee that has submitted the certification of
permanent cessation of operations required under Sec. 50.82(a)(1).
(e) (1) A nuclear power reactor licensee that has submitted the
certification of permanent cessation of operations required under
Sec. 50.82(a)(1) may conduct activities with regard to the facility,
subject to the limitations described in paragraph (a) of this section,
provided the changes would not:
(i) Foreclose the release of the site for possible unrestricted
use,
(ii) Significantly increase decommissioning costs,
(iii) Cause any significant environmental impact not previously
reviewed, or
(iv) Violate the terms of the licensee's existing license.
(2) For changes not meeting any of the criteria in this paragraph
or paragraph (a) of this section, the licensee shall submit an
application for amendment pursuant to Sec. 50.90.
(f) The provisions of paragraphs (a) through (c) of this section
apply to each non-power reactor licensee whose license no longer
authorizes operation of the reactor.
22. In Sec. 50.60, paragraph (a) is revised to read as follows:
[[Page 37385]]
Sec. 50.60 Acceptance criteria for fracture prevention measures for
light-water nuclear power reactors for normal operation.
(a) Except as provided in paragraph (b) of this section, all light
water nuclear power reactors, other than reactor facilities for which
the certifications required under Sec. 50.82(a)(1) have been submitted,
must meet the fracture toughness and material surveillance program
requirements for the reactor coolant pressure boundary set forth in
Appendices G and H to this part.
* * * * *
23. In Sec. 50.61, paragraph (b)(1) is revised to read as follows:
Sec. 50.61 Fracture toughness requirements for protection against
pressurized thermal shock events.
* * * * *
(b) Requirements. (1) For each pressurized water nuclear power
reactor for which an operating license has been issued, other than a
reactor facility for which the certifications required under
Sec. 50.82(a)(1) have been submitted, the licensee shall submit
projected values of RTPTS for reactor vessel beltline materials by
giving values for the time of submittal, the expiration date of the
operating license, the projected expiration date if a change in the
operating license has been requested, and the projected expiration date
of a renewal term if a request for license renewal has been submitted.
The assessment must use the calculative procedures given in paragraph
(b)(2) of this section. The assessment must specify the bases for the
projection, including the assumptions regarding core loading patterns.
The submittal must list the copper and nickel contents, and the fluency
values used in the calculation for each beltline material. If these
quantities differ from those submitted in response to the original PTS
rule and accepted by the NRC, justification must be provided. If the
value of RTPTS for any material in the beltline is projected to
exceed the PTS screening criteria before the expiration date of the
operating license or the proposed expiration date if a change in the
license has been requested, or the end of a renewal term if a request
for license renewal has been submitted, this assessment must have been
submitted by December 16, 1991. Otherwise, this assessment must be
submitted with the next update of the pressure-temperature limits, or
the next reactor vessel material surveillance report, or 5 years from
[the effective date of the final rule], whichever comes first. These
submittals must be updated whenever there is a significant change in
projected values of RTPTS, or upon a request for a change in the
expiration date for operation of the facility.
* * * * *
24. In Sec. 50.62, paragraph (a) is revised to read as follows:
Sec. 50.62 Requirements for reduction of risk from anticipated
transients without scram (ATWS) events for light-water-cooled nuclear
power plants.
(a) Applicability. The requirements of this section apply to all
commercial light-water-cooled nuclear power plants, other than reactor
facilities for which the certifications required under Sec. 50.82(a)(1)
have been submitted.
* * * * *
25. In Sec. 50.65, paragraph (a)(1) is revised to read as follows:
Sec. 50.65 Requirements for monitoring the effectiveness of
maintenance at nuclear power plants.
(a)(1) Each holder of a license to operate a nuclear power plant
under Secs. 50.21(b) or 50.22 shall monitor the performance or
condition of structures, systems, or components, against licensee-
established goals, in a manner sufficient to provide reasonable
assurance that such structures, systems, and components, as defined in
paragraph (b) of this section, are capable of fulfilling their intended
functions. Such goals shall be established commensurate with safety
and, where practical, take into account industry-wide operating
experience. When the performance or condition of a structure, system,
or component does not meet established goals, appropriate corrective
action shall be taken. For a nuclear power plant for which the licensee
has submitted the certifications specified in Sec. 50.82(a)(1), this
section shall apply to the extent that the licensee shall monitor the
performance or condition of all structures, systems, or components
associated with the storage, control, and maintenance of spent fuel in
a safe condition, in a manner sufficient to provide reasonable
assurance that such structures, systems, and components are capable of
fulfilling their intended functions.
* * * * *
26. In Sec. 50.71, paragraph (f) is added to read as follows:
Sec. 50.71 Maintenance of records, making of reports.
* * * * *
(f) The provisions of this section shall apply to nuclear power
reactor licensees that have submitted the certification of permanent
cessation of operations required under Sec. 50.82(a)(1). The applicable
provisions of this section shall also apply to non-power reactor
licensees that are no longer authorized to operate.
27. In Sec. 50.75, paragraph (f) is revised to read as follows:
Sec. 50.75 Reporting and recordkeeping for decommissioning planning.
* * * * *
(f) (1) Each power reactor licensee shall at or about 5 years prior
to the projected end of operations submit a preliminary decommissioning
cost estimate which includes an up-to-date assessment of the major
factors that could affect the cost to decommission.
(2) Each non-power reactor licensee shall at or about 2 years prior
to the projected end of operations submit a preliminary decommissioning
plan containing a cost estimate for decommissioning and an up-to-date
assessment of the major factors that could affect planning for
decommissioning. Factors to be considered in submitting this
information include--
(i) The decommissioning alternative anticipated to be used. The
requirements of Sec. 50.82(b)(4)(i) must be considered at this time;
(ii) Major technical actions necessary to carry out decommissioning
safely;
(iii) The current situation with regard to disposal of high-level
and low-level radioactive waste;
(iv) Residual radioactivity criteria;
(v) Other site specific factors which could affect decommissioning
planning and cost.
(3) If necessary, the cost estimate shall, for power and non-power
reactors, also include plans for adjusting levels of funds assured for
decommissioning to demonstrate that a reasonable level of assurance
will be provided that funds will be available when needed to cover the
cost of decommissioning.
* * * * *
28. Section 50.82 is revised to read as follows:
Sec. 50.82 Termination of license.
The following provisions apply to licensees who do not have an NRC
approved decommissioning plan on the effective date of the final rule
and may be used, at the licensee's option, by licensees who possess an
NRC approved decommissioning plan on the effective date of the final
rule.
(a) For power reactor licensees--
(1)(i) When a licensee has determined to permanently cease
operations the licensee shall, within 30 days, submit a written
certification to the NRC, consistent with the requirements of
Sec. 50.4(b)(8) and;
(ii) Once fuel has been permanently removed from the reactor
vessel, submit
[[Page 37386]]
a written certification to the NRC, consistent with the requirements of
Sec. 50.4(b)(9).
(2) Upon docketing of the certifications for permanent cessation of
operations and permanent removal of fuel from the reactor vessel, or
when a final legally effective order to permanently cease operations
has come into effect, the part 50 license no longer authorizes
operation of the reactor or emplacement of fuel into the reactor
vessel.
(3) Decommissioning will be completed within 60 years of permanent
cessation of operations. Completion of decommissioning beyond 60 years
will be approved by the Commission only when necessary to protect
public health and safety. Factors that will be considered in evaluating
an alternative which provides for completion of decommissioning beyond
60 years of permanent cessation of operations include unavailability of
waste disposal capacity and other site-specific factors affecting the
licensee's capability to carry out decommissioning, including presence
of other nuclear facilities at the site.
(4)(i) Prior to or within two years following permanent cessation
of operations, the licensee shall submit a post-shutdown
decommissioning activities report (PSDAR) which shall include a
description of the planned decommissioning activities along with a
schedule for their accomplishment, an estimate of expected costs, and a
discussion as to whether the environmental impacts associated with
site-specific decommissioning activities will be bounded by appropriate
previously issued environmental impact statements.
(ii) The NRC shall notice receipt of the PSDAR and make the PSDAR
available for public comment. The NRC shall also schedule a public
meeting in the vicinity of the licensee's facility upon receipt of the
PSDAR. The NRC shall publish a notice in the Federal Register and in a
forum, such as local newspapers, which is readily accessible to
individuals in the vicinity of the site, announcing the date, time and
location of the meeting, along with a brief description of the purpose
of the meeting.
(5) Licensees may not perform any major decommissioning activities,
as defined in Sec. 50.2, until 90 days after the NRC has received the
licensee's PSDAR submittal and until certifications of permanent
cessation of operations and permanent removal of fuel from the reactor
vessel, as required under Sec. 50.82(a)(1), have been submitted.
(6) In taking actions permitted under Sec. 50.59 following
submittal of the PSDAR, the licensee shall notify the NRC, in writing,
before performing any decommissioning activity inconsistent with, or
making any significant schedule change from, those actions and
schedules described in the PSDAR.
(7)(i) Decommissioning trust funds may be used by licensees
provided:
(A) The withdrawals are for expenses for legitimate decommissioning
activities consistent with the definition of decommissioning in
Sec. 50.2;
(B) The expenditure would not reduce the value of the
decommissioning trust below an amount necessary to place and maintain
the reactor in a safe storage condition if unforeseen conditions or
expenses arise and;
(C) The withdrawals would not inhibit the ability of the licensee
to complete funding of any shortfalls in the decommissioning trust
needed to ensure the availability of funds to ultimately release the
site and terminate the license.
(ii) Initially, 3 percent of the generic amount specified in
Sec. 50.75 may be used for decommissioning planning. For licensees that
have submitted the certifications required under Sec. 50.82(a)(1) and
commencing 90 days after the NRC has received the PSDAR, an additional
20 percent may be used. A site-specific decommissioning cost estimate
must be submitted to the NRC prior to the licensee being permitted to
use any funding in excess of these amounts.
(iii) Within 2 years following permanent cessation of operations,
if not already submitted, the licensee shall submit a site-specific
decommissioning cost estimate.
(iv) For decommissioning activities that delay completion of
decommissioning by including a period of storage or surveillance, the
licensee shall provide a means of adjusting cost estimates and
associated funding levels over the storage or surveillance period.
(8) For licensees that have submitted a certification in accordance
with Sec. 50.82(a)(1), the application for termination of license must
be accompanied or preceded by a license termination plan to be
submitted for NRC approval.
(i) The license termination plan must be a supplement to the FSAR
or equivalent and must be submitted at least 2 years prior to the
termination of license date.
(ii) The license termination plan must include--
(A) A site characterization;
(B) A description of remaining dismantlement activities;
(C) Plans for site remediation;
(D) Detailed plans for the final radiation survey;
(E) A description of the end use of the site, if restricted;
(F) An updated site-specific analysis of remaining decommissioning
costs; and
(G) A supplement to the environmental report, pursuant to
Sec. 51.53, describing any new information or significant environmental
change associated with the licensee's proposed termination activities.
(iii) The NRC shall notice receipt of the license termination plan
and make the license termination plan available for public comment. The
NRC shall also schedule a public meeting in the vicinity of the
licensee's facility upon receipt of the license termination plan. The
NRC shall publish a notice in the Federal Register and in a forum, such
as local newspapers, which is readily accessible to individuals in the
vicinity of the site, announcing the date, time and location of the
meeting, along with a brief description of the purpose of the meeting.
(9) If the license termination plan demonstrates that the remainder
of decommissioning activities will be performed in accordance with the
regulations in this chapter and will not be inimical to the common
defense and security or to the health and safety of the public, and
after notice to interested persons, the Commission will approve the
plan, by amendment, subject to such conditions and limitations as it
deems appropriate and necessary and authorize implementation of the
license termination plan.
(10) The Commission will terminate the license if it determines
that--
(i) The remaining dismantlement has been performed in accordance
with the approved license termination plan, and
(ii) The terminal radiation survey and associated documentation
demonstrates that the facility and site are suitable for release.
(b) For non-power reactor licensees--
(1) A licensee that permanently ceases operations must make
application for license termination within 2 years following permanent
cessation of operations, and in no case later than 1 year prior to
expiration of the operating license. Each application for termination
of a license must be accompanied or preceded by a proposed
decommissioning plan. The contents of the decommissioning plan are
specified in paragraph (b)(4) of this section.
(2) For decommissioning plans in which the major dismantlement
activities are delayed by first placing the facility in storage,
planning for these
[[Page 37387]]
delayed activities may be less detailed. Updated detailed plans must be
submitted and approved prior to the start of these activities.
(3) For decommissioning plans that delay completion of
decommissioning by including a period of storage or surveillance, the
licensee shall provide that--
(i) Funds needed to complete decommissioning be placed into an
account segregated from the licensee's assets and outside the
licensee's administrative control during the storage or surveillance
period, or a surety method or fund statement of intent be maintained in
accordance with the criteria of Sec. 50.75(e), and
(ii) Means be included for adjusting cost estimates and associated
funding levels over the storage or surveillance period.
(4) The proposed decommissioning plan must include--
(i) The choice of the alternative for decommissioning with a
description of activities involved. An alternative is acceptable if it
provides for completion of decommissioning without significant delay.
Consideration will be given to an alternative which provides for
delayed completion of decommissioning only when necessary to protect
the public health and safety. Factors to be considered in evaluating an
alternative which provides for delayed completion of decommissioning
include unavailability of waste disposal capacity and other site
specific factors affecting the licensee's capability to carry out
decommissioning, including presence of other nuclear facilities at the
site.
(ii) A description of the controls and limits on procedures and
equipment to protect occupational and public health and safety;
(iii) A description of the planned final radiation survey;
(iv) An updated cost estimate for the chosen alternative for
decommissioning, comparison of that estimate with present funds set
aside for decommissioning, and plan for assuring the availability of
adequate funds for completion of decommissioning; and
(v) A description of technical specifications, quality assurance
provisions and physical security plan provisions in place during
decommissioning.
(5) If the decommissioning plan demonstrates that the
decommissioning will be performed in accordance with the regulations in
this chapter and will not be inimical to the common defense and
security or to the health and safety of the public, and after notice to
interested persons, the Commission will approve, by amendment, the plan
subject to such conditions and limitations as it deems appropriate and
necessary. The approved decommissioning plan will be a supplement to
the Safety Analysis report or equivalent.
(6) The Commission will terminate the license if it determines
that--
(i) The decommissioning has been performed in accordance with the
approved decommissioning plan, and
(ii) The terminal radiation survey and associated documentation
demonstrates that the facility and site are suitable for release.
(c) For a facility that has permanently ceased operation before the
expiration of its license, the collection period for any shortfall of
funds will be determined, upon application by the licensee, on a case-
by-case basis taking into account the specific financial situation of
each licensee.
29. In Sec. 50.91, the introductory text is revised to read as
follows:
Sec. 50.91 Notice for public comment; State consultation.
The Commission will use the following procedures for an application
requesting an amendment to an operating license for a facility licensed
under Sec. 50.21(b) or Sec. 50.22 or for a testing facility, except for
amendments subject to hearings governed by Secs. 2.1201 through 2.1263
of this chapter. For amendments subject to Secs. 2.1201 through 2.1263
of this chapter, the following procedures will apply only to the extent
specifically referenced in Sec. 2.1205 (c) and (d) of this chapter:
* * * * *
30. In Sec. 50.111, paragraph (b) is revised to read as follows:
Sec. 50.111 Criminal penalties.
* * * * *
(b) The regulations in part 50 that are not issued under sections
161b, 161i, or 161o for the purposes of section 223 are as follows:
Secs. 50.1, 50.2, 50.3, 50.4, 50.8, 50.11, 50.12, 50.13, 50.20, 50.21,
50.22, 50.23, 50.30, 50.31, 50.32, 50.33, 50.34a, 50.35, 50.36b, 50.37,
50.38, 50.39, 50.40, 50.41, 50.42, 50.43, 50.45, 50.50, 50.51, 50.52,
50.53, 50.56, 50.57, 50.58, 50.81, 50.90, 50.91, 50.92, 50.100, 50.101,
50.102, 50.103, 50.109, 50.110, and 50.111.
31. Appendix I of Part 50 is amended by revising Section (I), the
introductory text of Section (IV), and Section (IV)(C) to read as
follows:
Appendix I--Numerical Guides for Design Objectives and Limiting
Conditions for Operation to Meet the Criterion ``As Low As Is
Reasonably Achievable'' for Radioactive Material in Light-Water-Cooled
Nuclear Power Reactor Effluents
Section I. Introduction. Section 50.34a provides that an
application for a permit to construct a nuclear power reactor shall
include a description of the preliminary design of equipment to be
installed to maintain control over radioactive materials in gaseous
and liquid effluents produced during normal conditions, including
expected occurrences. In the case of an application filed on or
after January 2, 1971, the application must also identify the design
objectives, and the means to be employed, for keeping levels of
radioactive material in effluents to unrestricted areas as low as
practicable.
Section 50.36a contains provisions designed to assure that
releases of radioactive material from nuclear power reactors to
unrestricted areas during normal conditions, including expected
occurrences, are kept as low as practicable.
* * * * *
SEC. IV. Guides on technical specifications for limiting
conditions for operation for light-water-cooled nuclear power
reactors licensed under 10 CFR Part 50. The guides on limiting
conditions for operation for light-water-cooled nuclear power
reactors set forth below may be used by an applicant for a license
to operate a light-water-cooled nuclear power reactor or a licensee
who has submitted a certification of permanent cessation of
operations under Sec. 50.82(a)(1) as guidance in developing
technical specifications under Sec. 50.36a(a) to keep levels of
radioactive materials in effluents to unrestricted areas as low as
is reasonably achievable.
Section 50.36a(b) provides that licensees shall be guided by
certain considerations in establishing and implementing operating
procedures specified in technical specifications that take into
account the need for operating flexibility and at the same time
assure that the licensee will exert his best effort to keep levels
of radioactive material in effluents as low as is reasonably
achievable. The guidance set forth below provides additional and
more specific guidance to licensees in this respect.
Through the use of the guides set forth in this Section it is
expected that the annual release of radioactive material in
effluents from light-water-cooled nuclear power reactors can
generally be maintained within the levels set forth as numerical
guides for design objectives in Section II.
At the same time, the licensee is permitted the flexibility of
operations, compatible with considerations of health and safety, to
assure that the public is provided a dependable source of power even
under unusual conditions which may temporarily result in releases
higher than numerical guides for design objectives but still within
levels that assure that the average population exposure is
equivalent to small fractions of doses from natural background
radiation. It is expected that in using this operational flexibility
under unusual conditions, the licensee will exert his best efforts
to keep levels of
[[Page 37388]]
radioactive material in effluents within the numerical guides for
design objectives.
* * * * *
C. If the data developed in the surveillance and monitoring
program described in paragraph B of Section III or from other
monitoring programs show that the relationship between the
quantities of radioactive material released in liquid and gaseous
effluents and the dose to individuals in unrestricted areas is
significantly different from that assumed in the calculations used
to determine design objectives pursuant to Sections II and III, the
Commission may modify the quantities in the technical specifications
defining the limiting conditions in a license to operate a light-
water-cooled nuclear power reactor or a license whose holder has
submitted a certification of permanent cessation of operations under
Sec. 50.82(a)(1).
* * * * *
PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC
LICENSING AND RELATED REGULATORY FUNCTIONS
32. The authority cite is revised to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106
Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs. 201, as
amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841,
5842).
Subpart A also issued under National Environmental Policy Act of
1969, secs. 102, 104, 105, 83 Stat. 853-854, as amended (42 U.S.C.
4332, 4334, 4335); and Pub. L. 95-604, Title II, 92 Stat. 3033-3041;
and sec. 193, Pub. L. 101-575, 104 Stat. 2835 42 U.S.C. 2243).
Sections 51.20, 51.30, 51.60, 51.80. and 51.97 also issued under
secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241, and sec. 148,
Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168).
Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended
by 92 Stat. 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste
Policy Act of 1982, sec 121, 96 Stat. 2228 (42 U.S.C. 10141).
Sections 51.43, 51.67, and 51.109 also under Nuclear Waste Policy
Act of 1982, sec 114(f), 96 Stat. 2216, as amended (42 U.S.C.
10134(f)).
33. In Sec. 51.53, paragraph (b) is revised to read as follows:
Sec. 51.53 Supplement to environmental report.
* * * * *
(b) Post operating license stage. Each applicant for a license
amendment authorizing decommissioning activities for a production or
utilization facility either for unrestricted use or based on continuing
use restrictions applicable to the site; and each applicant for a
license amendment approving a license termination plan or
decommissioning plan under Sec. 50.82 of this chapter either for
unrestricted use or based on continuing use restrictions applicable to
the site; and each applicant for a license or license amendment to
store spent fuel at a nuclear power reactor after expiration of the
operating license for the nuclear power shall submit with its
application the number of copies, as specified in Sec. 51.55, of a
separate document, entitled ``Supplement to Applicant's Environmental
Report--Post Operating License Stage,'' which will update ``Applicants
Environmental Report--Operating License Stage,'' as appropriate, to
reflect any new information or significant environmental change
associated with the applicants proposed decommissioning activities or
with the applicants proposed activities with respect to the planned
storage of spent fuel. Unless otherwise required by the Commission, in
accordance with the generic determination in Sec. 51.23(a) and the
provisions in Sec. 51.23(b), the applicant shall only address the
environmental impact of spent fuel storage for the term of the license
applied for. The ``Supplement to Applicant's Environmental Report--Post
Operating License Stage'' may incorporate by reference any information
contained in ``Applicant's Environmental Report--Construction Permit
Stage,'' ``Supplement to Applicant's Environmental Report--Operating
License Stage,'' final environmental impact statement, supplement to
final environmental statement of records of decision previously
prepared in connection with the construction permit of the operating
license.
34. In Sec. 51.95, paragraph (b) is revised to read as follows:
Sec. 51.95 Supplement to final environmental impact statement.
(b) Post operating license stage. In connection with the amendment
of an operating license authorizing decommissioning activities at a
production or utilization facility covered by Sec. 51.20, either for
unrestricted use or based on continuing use restrictions applicable to
the site, or with the issuance, amendment or renewal of a license to
store spent fuel at a nuclear power reactor after expiration of the
operating license for the nuclear power reactor, the NRC staff will
prepare a supplemental environmental impact statement for the post
operating license stage or an environmental assessment, as appropriate,
which will update the prior environmental review. The supplement or
assessment may incorporate by reference any information contained in
the final environmental impact statement, the supplement to the final
environmental impact statement--operating license stage, or in the
records of decision prepared in connection with the construction permit
or the operating license for that facility. The supplement will include
a request for comments as provided in Sec. 51.73. Unless otherwise
required by the Commission, in accordance with the generic
determination in Sec. 51.23(a) and the provisions of Sec. 51.23(b), a
supplemental environmental impact statement for the post operating
license stage or an environmental assessment, as appropriate, will
address the environmental impacts of spent fuel storage only for the
term of the license, license amendment or license renewal applied for.
Dated at Rockville, Maryland, this 13th day of July, 1995.
For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 95-17718 Filed 7-19-95; 8:45 am]
BILLING CODE 7590-01-P
