99-6058. Use of Alternative Source Terms at Operating Reactors  

  • [Federal Register Volume 64, Number 47 (Thursday, March 11, 1999)]
    [Proposed Rules]
    [Pages 12117-12126]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-6058]
    
    
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    Proposed Rules
                                                    Federal Register
    ________________________________________________________________________
    
    This section of the FEDERAL REGISTER contains notices to the public of 
    the proposed issuance of rules and regulations. The purpose of these 
    notices is to give interested persons an opportunity to participate in 
    the rule making prior to the adoption of the final rules.
    
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    Federal Register / Vol. 64, No. 47 / Thursday, March 11, 1999 / 
    Proposed Rules
    
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    NUCLEAR REGULATORY COMMISSION
    
    10 CFR Parts 21, 50, and 54
    
    RIN 3150-AG12
    
    
    Use of Alternative Source Terms at Operating Reactors
    
    AGENCY: Nuclear Regulatory Commission.
    
    ACTION: Proposed rule.
    
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    SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
    its regulations to allow holders of operating licenses for nuclear 
    power plants to voluntarily replace the traditional source term used in 
    design basis accident analyses with alternative source terms. This 
    action would allow interested licensees to pursue cost beneficial 
    licensing actions to reduce unnecessary regulatory burden without 
    compromising the margin of safety of the facility. The NRC is also 
    proposing to amend its regulations to revise certain sections to 
    conform with the final rule published on December 11, 1996, concerning 
    reactor site criteria.
    
    DATES: The comment period expires on May 25, 1999. Comments received 
    after this date will be considered, if it is practical to do so, but 
    the NRC is able to assure consideration only for comments received on 
    or before this date.
    
    ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory 
    Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
    Adjudications Staff, Mail Stop O16C1.
        Deliver comments to: One White Flint North, 11555 Rockville Pike, 
    Rockville, Maryland, 20852, between 7:30 a.m. and 4:15 p.m. on Federal 
    workdays.
        You may also submit comments via the NRC's interactive rulemaking 
    web site, ``Rulemaking Forum,'' through the NRC home page (http://
    www.nrc.gov). This site enables people to transmit comments as files 
    (in any format, but WordPerfect version 6.1 is preferred), if your web 
    browser supports that function. Information on the use of the 
    Rulemaking Forum is available on the website. For additional assistance 
    on the use of the interactive rulemaking site, contact Ms. Carol 
    Gallagher, telephone: 301-415-5905; or by Internet electronic mail to 
    cag@nrc.gov.
        Certain documents related to this rulemaking, including comments 
    received and the environmental assessment and finding of no significant 
    impact may be examined at the NRC Public Document Room, 2120 L Street, 
    NW. (Lower Level), Washington, DC. These same documents also may be 
    viewed and downloaded electronically via the interactive rulemaking 
    website established by NRC for this rulemaking.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Stephen F. LaVie, Office of 
    Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, 
    Washington, DC 20555-0001; telephone: (301) 415-1081; or by Internet 
    electronic mail to sfl@nrc.gov.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    II. Objectives
    III. Alternatives
    IV. Section-by-Section Analysis
    V. Future Regulatory Action
    VI. Referenced Documents
    VII. Draft Finding of No Significant Environmental Impact; 
    Availability
    VIII. Paperwork Reduction Act Statement
    IX. Regulatory Analysis
    X. Regulatory Flexibility Certification
    XI. Backfit Analysis
    
    I. Background
    
        A holder of an operating license (i.e., the licensee) for a light-
    water power reactor is required by regulations issued by the NRC (or 
    its predecessor, the U.S. Atomic Energy Commission, (AEC)) to submit a 
    safety analysis report that contains assessments of the radiological 
    consequences of potential accidents and an evaluation of the proposed 
    facility site. The NRC uses this information in its evaluation of the 
    suitability of the reactor design and the proposed site as required by 
    its regulations contained in 10 CFR Parts 50 and 100. Section 100.11, 
    which was adopted by the AEC in 1962 (27 FR 3509; April 12, 1962), 
    requires an applicant to assume (1) a fission product release from the 
    reactor core, (2) the expected containment leak rate, and (3) the site 
    meteorological conditions to establish an exclusion area and a low 
    population zone. This fission product release is based on a major 
    accident that would result in substantial release of appreciable 
    quantities of fission products from the core to the containment 
    atmosphere. A note to Sec. 100.11 states that Technical Information 
    Document (TID) 14844, ``Calculation of Distance Factors for Power and 
    Test Reactors,'' may be used as a source of guidance in developing the 
    exclusion area, the low population zone, and the population center 
    distance.
        The fission product release from the reactor core into containment 
    is referred to as the ``source term'' and it is characterized by the 
    composition and magnitude of the radioactive material, the chemical and 
    physical properties of the material, and the timing of the release from 
    the reactor core. The accident source term is used to evaluate the 
    radiological consequences of design basis accidents (DBAs) in showing 
    compliance with various requirements of the NRC's regulations. Although 
    originally used for site suitability analyses, the accident source term 
    is a design parameter for accident mitigation features, equipment 
    qualification, control room operator radiation doses, and post-accident 
    vital area access doses. The measurement range and alarm setpoints of 
    some installed plant instrumentation and the actuation of some plant 
    safety features are based in part on the accident source term. The TID-
    14844 source term was explicitly stated as a required design parameter 
    for several Three Mile Island (TMI)-related requirements.
        The NRC's methods for calculating accident doses, as described in 
    Regulatory Guide 1.3, ``Assumptions Used for Evaluating the Potential 
    Radiological Consequences of a Loss of Coolant Accident for Boiling 
    Water Reactors''; Regulatory Guide 1.4, ``Assumptions Used for 
    Evaluating the Potential Radiological Consequences of a Loss of Coolant 
    Accident for Pressurized Water Reactors''; and NUREG-0800, ``Standard 
    Review Plan for the Review of Safety Analysis Reports for Nuclear Power 
    Plants,'' were developed to be consistent with the TID-14844 source 
    term and the whole body and thyroid dose guidelines stated in 
    Sec. 100.11. In this regulatory framework, the source term is assumed 
    to be released immediately to the containment at the start of the 
    postulated accident. The chemical form
    
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    of the radioiodine released to the containment atmosphere is assumed to 
    be predominantly elemental, with the remainder being small fractions of 
    particulate and organic iodine forms. Radiation doses are calculated at 
    the exclusion area boundary (EAB) for the first 2-hours and at the low 
    population zone (LPZ) for the assumed 30-day duration of the accident. 
    The whole body dose comes primarily from the noble gases in the source 
    term. The thyroid dose is based on inhalation of radioiodines. In 
    analyses performed to date, the thyroid dose has generally been 
    limiting. The design of some engineered safety features, such as 
    containment spray systems and the charcoal filters in the containment, 
    the building exhaust, and the control room ventilation systems, are 
    predicated on these postulated thyroid doses. Subsequently, the NRC 
    adopted the whole body and thyroid dose criteria in Criterion 19 of 10 
    CFR Part 50, Appendix A (36 FR 3255; February 20, 1971).
        The source term in TID-14844 is representative of a major accident 
    involving significant core damage and is typically postulated to occur 
    in conjunction with a large loss-of-coolant accident (LOCA). Although 
    the LOCA is typically the maximum credible accident, NRC experience in 
    reviewing license applications has indicated the need to consider other 
    accident sequences of lesser consequence but higher probability of 
    occurrence. Some of these additional accident analyses may involve 
    source terms that are a fraction of those specified in TID-14844. The 
    DBAs were not intended to be actual event sequences, but rather, were 
    intended to be surrogates to enable deterministic evaluation of the 
    response of the plant engineered safety features. These accident 
    analyses are intentionally conservative in order to address known 
    uncertainties in accident progression, fission product transport, and 
    atmospheric dispersion. Although probabilistic risk assessments (PRAs) 
    can provide useful insights into system performance and suggest changes 
    in how the desired defense in depth is achieved, defense in depth 
    continues to be an effective way to account for uncertainties in 
    equipment and human performance. The NRC's policy statement on the use 
    of PRA methods (60 FR 42622; August 16, 1995) calls for the use of PRA 
    technology in all regulatory matters in a manner that complements the 
    NRC's deterministic approach and supports the traditional defense-in-
    depth philosophy.
        Since the publication of TID-14844, significant advances have been 
    made in understanding the timing, magnitude, and chemical form of 
    fission product releases from severe nuclear power plant accidents. 
    Many of these insights developed out of the major research efforts 
    started by the NRC and the nuclear industry after the accident at Three 
    Mile Island (TMI). In 1995, the NRC published NUREG-1465, ``Accident 
    Source Terms for Light-Water Nuclear Power Plants,'' which utilized 
    this research to provide more physically based estimates of the 
    accident source term that could be applied to the design of future 
    light-water power reactors. The NRC sponsored significant review 
    efforts by peer reviewers, foreign research partners, industry groups, 
    and the general public (request for public comment was published in 57 
    FR 33374).
        The information in NUREG-1465 presents a representative accident 
    source term (``revised source term'') for a boiling-water reactor (BWR) 
    and for a pressurized-water reactor (PWR). These revised source terms 
    are described in terms of radionuclide composition and magnitude, 
    physical and chemical form, and timing of release. Where TID-14844 
    addressed three categories of radionuclides, the revised source terms 
    categorize the accident release into eight groups on the basis of 
    similarity in chemical behavior. Where TID-14844 assumed an immediate 
    release of the activity, the revised source terms have five release 
    phases that are postulated to occur over several hours, with the onset 
    of major core damage occurring after 30 minutes. Where TID-14844 
    assumed radioiodine to be predominantly elemental, the revised source 
    terms assume radioiodine to be predominantly cesium iodide (CsI), an 
    aerosol that is more amenable to mitigation mechanisms.
        For DBAs, the NUREG-1465 source terms are comparable to the TID-
    14844 source term with regard to the magnitude of the noble gas and 
    radioiodine release fractions. However, the revised source terms offer 
    a more representative description of the radionuclide composition and 
    release timing. The NRC has determined (SECY-94-302, dated December 
    1994) that design basis analyses will address the first three release 
    phases--coolant, gap, and in-vessel. The ex-vessel and late in-vessel 
    phases are considered to be unduly conservative for design basis 
    analysis purposes. These latter releases could only result from core 
    damage accidents with vessel failure and core-concrete interactions. 
    The estimated frequencies of such scenarios are low enough that they 
    need not be considered for the purpose of meeting the requirements of 
    Sec. 100.11 or, as proposed herein, Sec. 50.67.
        The objective of NUREG-1465 was to define revised accident source 
    terms for regulatory application for future light water reactors. The 
    NRC's intent was to capture the major relevant insights available from 
    severe accident research to provide, for regulatory purposes, a more 
    realistic portrayal of the amount of the postulated accident source 
    term. These source terms were derived from examining a set of severe 
    accident sequences for light water reactors (LWRs) of current design. 
    Because of general similarities in plant and core design parameters, 
    these results are considered to be applicable to evolutionary and 
    passive LWR designs. The revised source term has been used in 
    evaluating the Westinghouse AP-600 standard design certification 
    application. (A draft version of NUREG-1465 was used in evaluating 
    Combustion Engineering's (CE's) System 80+ design.)
        The NRC considered the applicability of the revised source terms to 
    operating reactors and determined that the current analytical approach 
    based on the TID-14844 source term would continue to be adequate to 
    protect public health and safety, and that operating reactors licensed 
    under this approach would not be required to reanalyze accidents using 
    the revised source terms. The NRC also concluded that some licensees 
    may wish to use an alternative source term in analyses to support 
    operational flexibility and cost-beneficial licensing actions. The NRC 
    initiated several actions to provide a regulatory basis for operating 
    reactors to voluntarily amend their facility design bases to enable use 
    of the revised source term in design basis analyses. First, the NRC 
    solicited ideas on how an alternative source term might be implemented. 
    In November 1995, the Nuclear Energy Institute (NEI) submitted its 
    generic framework, Electric Power Research Institute Technical Report 
    TR-105909, ``Generic Framework for Application of Revised Accident 
    Source Term to Operating Plants.'' This report and the NRC response 
    were discussed in SECY-96-242 (November 1996). Second, the NRC 
    initiated a comprehensive assessment of the overall impact of 
    substituting the NUREG-1465 source terms for the traditionally used 
    TID-14844 source term at three typical facilities. This was done to 
    evaluate the issues involved with applying the revised source terms at 
    operating plants. SECY 98-154 (June 1998) described the conclusions of 
    this assessment. Third, the NRC accepted license amendment requests 
    related to implementation of the revised source
    
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    terms at a small number of pilot plants. Experience has demonstrated 
    that evaluation of a limited number of plant-specific submittals 
    improves regulation and regulatory guidance development. The review of 
    these pilot projects is currently in progress. Insights from these 
    pilot plant reviews will be incorporated into the regulatory guidance 
    that will be developed in conjunction with this rulemaking. Fourth, the 
    NRC initiated an assessment on whether rulemaking would be necessary to 
    allow operating reactors to use an alternative source term. The 
    proposed rule and the supporting regulatory guidance that will be 
    developed as part of this rulemaking have resulted from this 
    assessment. The NRC plans to issue the supporting regulatory guidance 
    for public comment on the same day as it publishes the final rule.
        This proposed rulemaking for use of alternative source terms is 
    applicable only to those facilities for which a construction permit was 
    issued before January 10, 1997, under 10 CFR Part 50, ``Domestic 
    Licensing of Production and Utilization Facilities.'' The regulations 
    of this part are supplemented by those in other parts of Chapter I of 
    Title 10, including Part 100, ``Reactor Site Criteria.'' Part 100 
    contains language that qualitatively defines a required accident source 
    term and contains a note that discusses the availability of TID-14844. 
    With the exception of Sec. 50.34(f), there are no explicit requirements 
    in Chapter I of Title 10 to use the TID-14844 accident source term. 
    Section 50.34(f), which addresses additional TMI-related requirements, 
    is only applicable to a limited number of construction permit 
    applications pending on February 16, 1982, and to applications under 
    Part 52.
        An applicant for an operating license is required by Sec. 50.34(b) 
    to submit a final safety analysis report (FSAR) that describes the 
    facility and its design bases and limits, and presents a safety 
    analysis of the structures, systems, and components of the facility as 
    a whole. Guidance in performing these analyses is given in regulatory 
    guides. In its review of the more recent applications for operating 
    licenses, the NRC has used the review procedures in NUREG-0800, 
    ``Standard Review Plan for the Review of Safety Analysis Reports for 
    Nuclear Power Plants'' (SRP). These review procedures reference or 
    provide acceptable assumptions and analysis methods. The facility FSAR 
    documents the assumptions and methods actually used by the applicant in 
    the required safety analyses. The NRC's finding that a license may be 
    issued is based on the review of the FSAR, as documented in the 
    Commission's safety evaluation report (SER). By their inclusion in the 
    FSAR, the assumptions (including the source term) become part of the 
    design basis \1\ of the facility. From a regulatory standpoint, the 
    requirement to use the TID-14844 source term is expressed as a licensee 
    commitment (typically to Regulatory Guide 1.3 or 1.4) documented in the 
    facility FSAR, and is subject to the requirements of Sec. 50.59.
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        \1\ As defined in 10 CFR Part 50.2, design bases means that 
    information which identifies the specific functions to be performed 
    by a structure, system, or component of a facility, and the specific 
    values or ranges of values chosen for controlling parameters as 
    reference bounds for design. These values may be (1) restraints 
    derived from generally accepted ``state of the art'' practices for 
    achieving functional goals, or (2) requirements derived from 
    analysis (based on calculation and/or experiments) of the effects of 
    a postulated accident for which a structure, system, or component 
    must meet its functional goals. The NRC considers the accident 
    source term to be an integral part of the design basis because it 
    sets forth specific values (or range of values) for controlling 
    parameters that constitute reference bounds for design.
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        In January 1997 (61 FR 65157), the NRC amended its regulations in 
    10 CFR Parts 21, 50, 52, 54, and 100. That regulatory action produced 
    site criteria for future sites; presented a stable regulatory basis for 
    seismic and geologic siting and the engineering design of future 
    nuclear power plants to withstand seismic events; and relocated source 
    term and dose requirements for future plants into part 50. Because 
    these dose requirements tend to affect reactor design rather than 
    siting, they are more appropriately located in Part 50. This decoupling 
    of siting from design is consistent with the future licensing of 
    facilities using standardized plan designs, the design features of 
    which will be certified in a separate design certification rulemaking. 
    This decoupling of siting from design was directed by Congress in the 
    1980 Authorization Act for the NRC. Because the revised criteria would 
    not apply to operating reactors, the non-seismic and seismic reactor 
    site criteria for operating reactors were retained as Subpart A and 
    Appendix A to Part 100, respectively. The revised reactor site criteria 
    were added as Subpart B in Part 100, and revised source term and dose 
    requirements were moved to Sec. 50.34. The existing source term and 
    dose requirements of Subpart A of Part 100 will remain in place as the 
    licensing bases for those operating reactors that do not elect to use 
    an alternative source term.
        In relocating the source term and dose requirements for future 
    reactors to Sec. 50.34, the NRC retained the requirements for the 
    exclusion area and the low population zone, but revised the associated 
    numerical dose criteria to replace the two different doses for the 
    whole body and the thyroid gland with a single, total effective dose 
    equivalent (TEDE) value. The dose criteria for the whole body and the 
    thyroid, and the immediate 2-hour exposure period were largely 
    predicated by the assumed source term being predominantly noble gases 
    and radioiodines instantaneously released to the containment and the 
    assumed ``single critical organ'' method of modeling the internal dose 
    used at the time that Part 100 was originally published. However, the 
    current dose criteria, by focusing on doses to the thyroid and the 
    whole body, assume that the major contributor to doses will be 
    radioiodine. Although this may be appropriate with the TID-14844 source 
    term, as implemented by Regulatory Guides 1.3 and 1.4, it may not be 
    true for a source term based on a more complete understanding of 
    accident sequences and phenomenology.
        The postulated chemical and physical form of radioiodine in the 
    revised source terms is more amenable to mitigation and, as such, 
    radioiodine may not always be the predominant radionuclide in an 
    accident release. The revised source terms include a larger number of 
    radionuclides than did the TID-14844 source term as implemented in 
    regulatory guidance. The whole body and thyroid dose criteria ignore 
    these contributors to dose. The NRC amended its radiation protection 
    standards in Part 20 in 1991 (56 FR 23391; May 21, 1991) replacing the 
    single, critical organ concept for assessing internal exposure with the 
    TEDE concept that assesses the impact of all relevant nuclides upon all 
    body organs. TEDE is defined to be the deep dose equivalent (for 
    external exposure) plus the committed effective dose equivalent (for 
    internal exposure). The deep dose equivalent (DDE) is comparable to the 
    present whole body dose; the committed effective dose equivalent (CEDE) 
    is the sum of the products of doses (integrated over a 50-year period) 
    to selected body organs resulting from the intake of radioactive 
    material multiplied by weighting factors for each organ that are 
    representative of the radiation risk associated with the particular 
    organ.
        The TEDE, using a risk-consistent methodology, assesses the impact 
    of all relevant nuclides upon all body organs. Although it is expected 
    that in many cases the thyroid could still be the limiting organ and 
    radioiodine the limiting radionuclide, this conclusion cannot be 
    assured in all potential cases. The revised source terms postulate that 
    the core inventory is released in a
    
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    sequence of phases over 10 hours, with the more significant release 
    commencing at about 30 minutes from the start of the event. The 
    assumption that the 2-hour exposure period starts immediately at the 
    onset of the release is inconsistent with the phased release postulated 
    in the revised source terms. The proposed rule would extend the future 
    LWR dose criteria to operating reactors that elect to use an 
    alternative source term.
        An accidental release of radioactivity can result in radiation 
    exposure to control room operators. Normal ventilation systems may draw 
    this activity into the control room where it can result in external and 
    internal exposures. Control room designs differ but, in general, design 
    features are provided to detect the accident or the activity and 
    isolate the normal ventilation intake. Emergency ventilation systems 
    are activated to minimize infiltration of contaminated air and to 
    remove activity that has entered the control room. Personnel exposures 
    can also result from radioactivity outside of the control room. 
    However, because of concrete shielding of the control room, these 
    latter exposures are generally not limiting. The objective of the 
    control room design is to provide a location from which actions can be 
    taken to operate the plant under normal conditions and to maintain it 
    in a safe condition under accident conditions. General Design Criterion 
    19 (GDC-19), ``Control Room,'' of Appendix A to 10 CFR part 50 (36 FR 
    3255; February 20, 1971), establishes minimum requirements for the 
    design of the control room, including a requirement for radiation 
    protection features adequate to permit access to and occupancy of the 
    control room under accident conditions. The GDC-19 criteria were 
    established for judging the acceptability of the control room design 
    for protecting control room operators under postulated design basis 
    accidents, a significant concern being the potential increases in 
    offsite doses that might result from the inability of control room 
    personnel to adequately respond to the event.
        The GDC-19 criteria are expressed in terms of whole body dose, or 
    its equivalent to any organ. The NRC did not revise the criteria when 
    Part 20 was amended (56 FR 23391) instead deferring such action to 
    individual facility licensing actions (NUREG/CR-6204). This position 
    was taken in the interest of maintaining the licensing basis for those 
    facilities already licensed. The NRC is proposing to replace the 
    current GDC-19 dose criteria for future reactors and for operating 
    reactors that elect to use an alternative source term with a criterion 
    expressed in terms of TEDE. The rationale for this revision is similar 
    to the rationale, discussed earlier in this preamble, for revising the 
    dose criteria for offsite exposures.
        On January 10, 1997 (61 FR 65157), the NRC amended 10 CFR Parts 21, 
    50, 52, 54, and 100 of its regulations to update the criteria used in 
    decisions regarding power reactor siting for future nuclear power 
    plants. The NRC intended that future licensing applications in 
    accordance with Part 52 utilize a source term consistent with the 
    source term information in NUREG-1465 and the accident TEDE criteria in 
    Parts 50 and 100. However, during the final design approval (FDA) and 
    design certification proceeding for the Westinghouse AP-600 advanced 
    light-water reactor design, the NRC staff and Westinghouse determined 
    that exemptions were necessary from Secs. 50.34(f)(2)(vii), (viii), 
    (xxvi), and (xxviii) and 10 CFR Part 50, Appendix A, GDC-19. This rule 
    would eliminate the need for these exemptions for future applicants 
    under Part 52 by making conforming changes to Part 50, Appendix A, GDC-
    19 and Sec. 50.34.
    
    II. Objectives
    
        The objectives of this proposed regulatory action are to--
        1. Provide a regulatory framework for the voluntary implementation 
    of alternative source terms as a change to the design basis at 
    currently licensed power reactors, thereby enabling potential cost-
    beneficial licensing actions while continuing to maintain existing 
    safety margins and defense in depth.
        2. Retain the existing regulatory framework for currently licensed 
    power reactor licensees who choose not to implement an alternative 
    source term, but continue to comply with their existing source term.
        3. Relocate source term and dose requirements that apply primarily 
    to plant design into 10 CFR Part 50 for operating reactors that choose 
    to implement an alternative source term, and
        4. Implement conforming changes to Sec. 50.34(f) and Part 50, 
    Appendix A, GDC-19 to eliminate the need for exemptions for future 
    applicants under Part 52.
    
    III. Alternatives
    
        The first alternative considered by the NRC was to continue using 
    current regulations for accident dose criteria and control room dose 
    criteria. This is not considered to be an acceptable alternative. As 
    discussed in the statements of consideration for the final siting rule 
    (61 FR 65157, 65159; December 11, 1996), the NRC determined that dose 
    criteria expressed in terms of whole body and thyroid doses were 
    inconsistent with the use of new source terms not based upon TID-14844. 
    With regard to the exclusion area dose guideline, the NRC had 
    previously determined (id. at 65160) that the dose criterion applies to 
    the 2-hour period resulting in the maximum dose.
        The second alternative considered by the NRC was the replacement of 
    the existing guidelines in Sec. 100.11 and the existing criteria in 10 
    CFR Part 50 Appendix A, GDC-19 with revised dose criteria. This is not 
    considered to be a desirable alternative because the provisions of the 
    existing regulations form part of the licensing bases for many of the 
    operating reactors. Therefore, these provisions must remain in effect 
    for operating reactors that do not implement an alternative source 
    term. In addition, this alternative would also be inconsistent with the 
    NRC's philosophy of separating plant siting criteria and dose 
    requirements.
        The approach of establishing the requirements for use of 
    alternative source terms in a new section to Part 50 while retaining 
    the existing regulations in Part 100 Subpart A and Part 50 Appendix A 
    GDC-19 was chosen as the best alternative.
        The NRC considered alternatives with regard to providing regulatory 
    guidance to support the new section to Part 50. The first option was to 
    issue no additional regulatory guidance. This option was not considered 
    to be acceptable because in the absence of clear regulatory guidance, 
    licensee efforts in preparing applications and the NRC staff review of 
    submitted applications, could be hindered by differences in 
    interpretations and technical positions. This could result in the 
    inefficient use of licensee and NRC staff resources, could cause 
    licensing delays, and lead to less uniform and less consistent 
    regulatory implementation.
        The second option was to replace the existing regulatory guides 
    that address the radiological consequences of accidents with new 
    revisions. This is not considered to be an acceptable choice because 
    the provisions of the existing regulatory guides form part of the 
    licensing bases for many of the operating reactors. Therefore, these 
    provisions must remain in effect for those operating reactors that do 
    not implement an alternative source term. The third option was to issue 
    a new regulatory guide on the implementation
    
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    of alternative source terms that would include revised assumptions and 
    acceptable analysis methods for each design basis accident in a series 
    of appendices. The approach of issuing a new regulatory guide was 
    determined to be the best option. To provide review guidance for the 
    NRC staff, a new section on design basis radiological analyses using 
    alternative source terms would be added to the Standard Review Plan.
    
    IV. Section-by-Section Analysis
    
    A. Section 50.2
    
        The general ``definitions'' section for Part 50 would be 
    supplemented by adding a definition of source term for the purpose of 
    Sec. 50.67. In NUREG-1465, the source term is defined by five projected 
    characteristics: (1) Magnitude of radioactivity release, (2) 
    radionuclides released, (3) physical form of the radionuclides 
    released, (4) chemical form of the radionuclides released, and (5) 
    timing of the radioactivity release. Although all five characteristics 
    should be addressed in applications proposing the use of an alternative 
    source term, there may be technically justifiable applications in which 
    all five characteristics need not be addressed. The NRC intends to 
    allow licensees flexibility in implementing alternative source terms 
    consistent with maintaining a conservative, clear, logical, and 
    consistent plant design basis. The regulatory guide that supports this 
    proposed rule will contain guidance on an acceptable basis for defining 
    the characteristics of an alternative source term.
    
    B. Section 50.67(a)
    
        This paragraph would define the licensees that may seek to revise 
    their current radiological source term with an alternative source term. 
    The proposed rule is applicable only to holders of nuclear power plant 
    operating licenses that were issued under 10 CFR Part 50 before January 
    10, 1997. The proposed rule would not require licensees to revise their 
    current source term. The NRC considered the acceptability of the TID-
    14844 source term at current operating reactors and determined that the 
    analytical approach based on the TID-14844 source term would continue 
    to be adequate to protect public health and safety, and that operating 
    reactors licensed under this approach should not be required to 
    reanalyze design basis accidents using a new source term. The proposed 
    rule does not explicitly define an alternative source term. In lieu of 
    an explicit reference to NUREG-1465, Footnote 1 to the proposed rule 
    identifies the significant characteristics of an accident source term. 
    The regulatory guide that will be issued to support this proposed rule 
    will identify the NUREG-1465 source terms as acceptable alternatives to 
    the source term in TID-14844, and will provide implementation guidance. 
    This approach would provide for future revised source terms if they are 
    developed and would allow licensees to propose additional alternatives 
    for NRC consideration.
    
    C. Section 50.67(b)(1)
    
        This paragraph of Sec. 50.67 would state the information that a 
    licensee must submit as part of a license amendment application to use 
    an alternative source term. Because of the extensive use of the 
    accident source term in the design and operation of a power reactor and 
    the potential impact on postulated accident consequences and margins of 
    safety of a change of such a fundamental design assumption, the NRC has 
    determined that any change to the design basis to use an alternative 
    source term should be reviewed and approved by the NRC in the form of a 
    license amendment. Changes to the source term, by itself, would 
    ordinarily constitute a no significant hazards consideration. In 
    addition, generic analyses performed by the NRC staff in support of 
    this proposed rule have indicated that there are potential changes to 
    the facility as documented in the FSAR which would constitute a no 
    significant hazards consideration. However, such determinations would 
    have to be made for each proposed change based upon facility-specific 
    evaluations. The procedural requirements for processing a license 
    amendment are given in Secs. 50.90 through 50.92.
        The NRC's regulations provide a regulatory mechanism for a licensee 
    to effect a change in its design basis in Sec. 50.59. That section 
    allows a licensee to make changes to the facility as described in the 
    final safety evaluation report (FSAR) without prior NRC approval, 
    unless the proposed change is deemed to involve an unreviewed safety 
    question (USQ), or involves a change to the technical specifications 
    incorporated into the facility license. If a USQ is determined to exist 
    or if a change to the technical specifications is involved, the 
    licensee must request NRC approval of the change using the license 
    amendment process detailed in Sec. 50.90. The criteria for determining 
    that a USQ is involved appear in Sec. 50.59. Significant to this 
    proposed rule is the criterion that a USQ would exist if the proposed 
    change resulted in an increase in consequences of an accident or 
    malfunction. In many applications, alternative source terms may reduce 
    the postulated consequences of the accident or malfunction. For this 
    reason, the NRC determined that the regulatory framework of Sec. 50.59 
    does not provide assurance that this change in the design basis would 
    be recognized by the licensee as needing review by the NRC staff. After 
    a licensee has been authorized to substitute an alternative source term 
    in its design basis, subsequent changes to the facility that involve an 
    alternative source term may be processed under Sec. 50.59 or 
    Sec. 50.90, as appropriate. However, a subsequent change to the source 
    term itself could not be implemented under Sec. 50.59; in all cases a 
    change to the source term must be made through a license amendment.
        The proposed rule would require the applicant to perform analyses 
    of the consequences of applicable design basis accidents previously 
    analyzed in the safety analysis report and to submit a description of 
    the analysis inputs, assumptions, methodology, and results of these 
    analyses for NRC review. Applicable evaluations may include, but are 
    not limited to, those previously performed to show compliance with 
    Sec. 100.11, Sec. 50.49, Part 50 Appendix A GDC-19, Sec. 50.34(f), and 
    NUREG-0737 requirements II.B.2, II.B.3, III.D.3.4. The regulatory guide 
    that supports this proposed rule will provide guidance on the scope and 
    extent of analyses used to show compliance with this rule and on the 
    assumptions and methods used therein. It is not the NRC's intent that 
    all of the design basis radiological analyses for a facility be 
    performed again as a prerequisite for approval of the use of an 
    alternative source term. The NRC does expect that the applicant will 
    perform sufficient evaluations, supported by calculations as warranted, 
    to demonstrate the acceptability of the proposed amendment.
    
    D. Sections 50.67(b)(2)(i), (ii), (iii)
    
        These subparagraphs would contain the three criteria for NRC 
    approval of the license amendment to use an alternative source term. A 
    detailed rationale for the use of 0.25 Sv (25 rem) TEDE as an accident 
    dose criterion and the use of the 2-hour exposure period resulting in 
    the maximum dose for future LWRs is provided at 61 FR 65157; December 
    11, 1996. The same considerations that formed the basis for that 
    rationale are similarly applicable to operating reactors that elect to 
    use an alternative source term. The NRC believes that it is technically 
    appropriate and logical to extend the philosophy of decoupling of 
    design and siting, and the dose criteria established
    
    [[Page 12122]]
    
    for future LWRs to operating reactors that elect to use an alternative 
    source term.
        The NRC is proposing to replace the current GDC-19 dose criteria 
    for operating reactors that elect to use an alternative source term 
    with a criterion of 0.05 Sv (5 rem) TEDE for the duration of the 
    accident. This criterion would be included in Sec. 50.67 rather than 
    GDC-19 in order to co-locate all of the dose requirements associated 
    with alternative source terms. The bases for the NRC's decision are: 
    first, that the criteria in GDC-19 and that in the proposed rule are 
    based on a primary occupational exposure limit. Second, the language in 
    GDC-19: ``5 rem whole body, or its equivalent to any part of the body'' 
    is subsumed by the definition of TEDE in Sec. 20.1003 and by the 0.05 
    Sv (5 rem) TEDE annual limit in Sec. 20.1201(a). Although the weighting 
    factors stated in Sec. 20.1003 for use in determining TEDE differ in 
    magnitude from the weighting factors implied in the 0.3 Sv (30 rem) 
    thyroid criteria used for showing compliance with GDC-19, these 
    differences are the result of improvement in the science of assessing 
    internal exposures and do not represent a reduction in the level of 
    protection. Third, as discussed earlier, the use of TEDE in conjunction 
    with alternative source terms has been deemed appropriate and 
    necessary. Fourth, the use of TEDE for the control room dose criterion 
    is consistent with the use of TEDE in the accident dose criteria for 
    offsite exposure.
        The NRC is not including a ``capping'' limitation, an additional 
    requirement that the dose to any individual organ not be in excess of 
    some fraction of the total as provided for routine occupational 
    exposures. The bases for the NRC's decision are: first, that this non-
    inclusion of a ``capping'' limitation is consistent with the final rule 
    published in December 11, 1996 (61 FR 65157), with regard to doses to 
    persons offsite. Second, the use of 0.05 Sv (5 rem) TEDE as the control 
    room criterion does not imply that this would be an acceptable exposure 
    during emergency conditions, or that other radiation protection 
    standards of Part 20, including individual organ dose limits, might not 
    apply. This criterion is provided only to assess the acceptability of 
    design provisions for protecting control room operators under 
    postulated DBA conditions. The DBA conditions assumed in these 
    analyses, although credible, generally do not represent actual accident 
    sequences but are specified as conservative surrogates to create 
    bounding conditions for assessing the acceptability of engineered 
    safety features. Third, Sec. 20.1206 permits a once-in-a-lifetime 
    planned special dose of five times the annual dose limits. Also, 
    Environmental Protection Agency (EPA) guidance sets a limit of five 
    times the annual dose limits for workers performing emergency services 
    such as lifesaving or protection of large populations. Considering the 
    individual organ weighting factors of Sec. 20.1003 and assuming that 
    only the exposure from a single organ contributed to TEDE, the organ 
    dose, although exceeding the dose specified in Sec. 20.1201(a), would 
    be less than that considered acceptable as a planned special dose or as 
    an emergency worker dose. The NRC is not suggesting that control room 
    dose during an accident can be treated as a planned special exposure or 
    that the EPA emergency worker dose limits are an alternative to GDC-19 
    or the proposed rule. However, the NRC does believe that these 
    provisions offer a useful perspective that supports the conclusion that 
    the organ doses implied by the proposed 0.05 Sv (5 rem) criterion can 
    be considered to be acceptable due to the relatively low probability of 
    the events that could result in doses of this magnitude.
        Although the dose criteria in the proposed rule would supersede the 
    dose criteria in GDC-19, the other provisions of GDC-19 remain 
    applicable.
    
    E. 10 CFR Part 50, Appendix A, GDC-19
    
        GDC-19 would be changed to include the TEDE dose criterion for 
    control room design for applicants for construction permits, design 
    certifications, and combined operating licenses that submitted 
    applications after January 10, 1997 (the effective date of the 1996 
    rulemaking adopting the TEDE criterion), and for those licenses using 
    an alternative source term under Sec. 50.67. The proposed change to 
    GDC-19 addresses the use of alternative source terms at operating 
    reactors and a deficiency identified in the regulatory framework for 
    early site permits, standard design certifications, and combined 
    licenses under part 52. Sections 52.18, 52.48, and 52.81 establish that 
    applications filed under part 52, Subparts A, B, and C, respectively, 
    will be reviewed according to the standards given in 10 CFR parts 20, 
    50, 51, 55, 73, and 100 to the extent that those standards are 
    technically relevant to the proposed design. Therefore, GDC-19 is 
    pertinent to applications under part 52. The final rule that became 
    effective on January 10, 1997 (61 FR 65157; December 11, 1996), 
    established accident TEDE criteria (in Sec. 50.34) for applicants under 
    part 52 but did not change the existing control room whole body (or 
    equivalent) dose criterion in GDC-19. Thus, exemptions from the dose 
    criteria in the current GDC-19 were necessary in the design 
    certification process for the Westinghouse AP-600 advanced LWR in order 
    to use the 0.05 Sv (5 rem) TEDE criterion deemed necessary for use with 
    alternative source terms. Exemptions would arguably be necessary for 
    future applicants for construction permits, design certifications, and 
    combined operating licenses. This proposed change would eliminate the 
    need for these exemptions.
    
    F. Sections 21.3, 50.2, 50.49(b)(1)(i)(C), 50.65(b)(1), and 
    54.4(a)(1)(iii)
    
        These sections would be revised to conform with the relocation of 
    accident dose criteria from Sec. 100.11 to Sec. 50.67 for operating 
    reactors that have amended their design bases to use an alternative 
    source term.
    
    G. Section 50.34
    
        A new footnote to Sec. 50.34 would be added to define what 
    constitutes an accident source term. This new footnote is identical to 
    the existing footnote 1 to Sec. 100.11, and is being added to provide 
    for consistency between Parts 50 and 100.
    
    H. Sections 50.34(f)(2)(vii), (viii), (xxvi) and (xxviii)
    
        These paragraphs would be revised to replace an explicit reference 
    to the ``TID-14844 source term'' with a more general reference to 
    ``accident source term.'' These changes potentially affect two classes 
    of applicants. The first affected class is facilities that obtain 
    combined licenses under part 52. Section 52.47(a)(ii) states that 
    applications for combined licenses must contain, inter alia, 
    ``demonstration of compliance with any technically-relevant portions of 
    the Three Mile Island requirements set forth in Sec. 50.34(f).'' 
    Section 50.34(f) contains several references to the TID-14844 source 
    term. These references would be modified to delete the reference to 
    TID-14844. This would make it clear that applicants for combined 
    licenses would not use the TID-14844 source term but would use the 
    source term in the referenced design certification, or a source term 
    that is justified in the combined license application.
        The second affected class is the small subset of plants that had 
    construction permits pending on February 16, 1982. With the proposed 
    change, these plants could use either the TID-14844 source term or an 
    alternative source term in their operating license applications.
    
    [[Page 12123]]
    
    V. Future Regulatory Action
    
        The NRC is developing the following regulatory guides and Standard 
    Review Plan sections to provide prospective applicants with the 
    necessary guidance for implementing the proposed regulation. The draft 
    guide and draft Standard Review Plan section will be issued to coincide 
    with the publication of the final regulations that would implement this 
    proposed rulemaking. A notice of availability for these materials will 
    be published in the Federal Register at a future date.
    
    1. Draft Guide DG-1081, ``Alternative Radiological Source Terms for 
    Evaluating the Radiological Consequences of Design Basis Accidents at 
    Boiling and Pressurized Water Reactors''
    
        This guide is expected to present regulatory guidance on the 
    implementation of an alternative source term at an operating reactor. 
    The guide is expected to address issues involving limited or selective 
    implementation of an alternative source term and probabilistic risk 
    assessment (PRA) issues related to plant modifications based on an 
    alternative source term, and to provide guidance on the scope and 
    extent of affected DBA radiological analyses and associated acceptance 
    criteria. The guide is expected to include revised assumptions and 
    methods for each affected DBA in a series of appendices. These 
    appendices will supersede the guidance in Regulatory Guides 1.3, 1.4, 
    1.25, and 1.77, and will supplement guidance in Regulatory Guide 1.89 
    for those facilities using an alternative source term.
    
    2. Standard Review Plan Section, 15.0.1, ``Radiological Consequence 
    Analyses Using Alternative Source Terms''
    
        This SRP section presents guidance to NRC staff in the review of 
    the adequacy of licensee submittals requesting approval for use of an 
    alternative source term.
    
    VI. Referenced Documents
    
        Copies of NUREG-0737, NUREG-0800, NUREG-1465, and NUREG/CR-6204 may 
    be purchased from the Superintendent of Documents, U.S. Government 
    Printing Office, Mail Stop SSOP, Washington, DC 20402-9328. Copies also 
    are available from the National Technical Information Service, 5285 
    Port Royal Road, Springfield, VA 22161. A copy also is available for 
    inspection and copying for a fee in the NRC Public Document Room, 2120 
    L Street, NW (Lower Level), Washington, DC.
        Copies of issued regulatory guides may be purchased from the 
    Government Printing Office (GPO) at the current GPO price. Information 
    on current GPO prices may be obtained by contacting the Superintendent 
    of Documents, U.S. Government Printing Office, P.O. Box 37082, 
    Washington, DC 20402-9328. Issued guides also may be purchased from the 
    National Technical Information Service (NTIS) on a standing order 
    basis. Details on this service may be obtained by writing NTIS, 5826 
    Port Royal Road, Springfield, VA 22161.
        Copies of SECY-94-302, SECY-96-242, SECY-98-154, TID14844, and TR-
    105909 are available for inspection and copying for a fee at the NRC 
    Public Document Room, 2120 L Street, NW (Lower Level), Washington, DC.
    
    VII. Draft Finding of No Significant Environmental Impact: 
    Availability
    
        The NRC has determined under the National Environmental Policy Act 
    of 1969, as amended, and the NRC's regulations in Subpart A of 10 CFR 
    Part 51, that this regulation is not a major Federal action 
    significantly affecting the quality of the human environment and, 
    therefore, an environmental impact statement is not required. This 
    proposed rule would allow operating reactors to replace the traditional 
    TID-14844 source term with a more realistic source term based on the 
    insights gained from extensive accident research activities. The actual 
    accident sequence and progression would not be changed; it is the 
    regulatory assumptions regarding the accident that would be affected by 
    the change. The use of an alternative source term alone cannot increase 
    the core damage frequency (CDF) or the large early release frequency 
    (LERF) or actual offsite or onsite radiation doses. An alternative 
    source term could be used to justify changes in the plant design that 
    might have an impact on CDF or LERF or that might increase offsite or 
    onsite doses. These potential changes are subject to existing 
    requirements in the NRC's regulations. Thus, the level of protection of 
    public health and safety provided in NRC regulations would not be 
    decreased by this proposed rule. The proposed rule would not affect 
    non-radiological plant effluents and would have no significant 
    environmental impact.
        As discussed above, the determination of the environmental 
    assessment is that there would be no significant offsite impact on the 
    public from this action. However, the general public should note that 
    the NRC welcomes public participation. Also, the NRC has committed 
    itself to complying in all its actions with Executive Order (E.O.) 
    12898, ``Federal Actions to Address Environmental Justice in Minority 
    Populations and Low-Income Populations,'' dated February 11, 1994. In 
    accordance with that Executive Order, the NRC has determined that there 
    are no disproportionately high and adverse impacts on minority and low 
    income parties. In the letter and spirit of E.O. 12898, the NRC is 
    requesting public comments on any environmental justice considerations 
    or questions that the public thinks may be related to this proposed 
    rule, but that somehow were not addressed. The NRC uses the following 
    working definition of environmental justice: Environmental justice 
    means the fair treatment and meaningful involvement of all people, 
    regardless of race, ethnicity, culture, income, or educational level 
    with respect to the development, implementation and enforcement of 
    environmental laws, regulations, and policies. Comments on any aspect 
    of the environmental assessment, including environmental justice, may 
    be submitted to the NRC as indicated under the ADDRESSES heading.
        The draft environmental assessment and the draft finding of no 
    significant impact on which this determination is based are available 
    for inspection at the NRC Public Document Room, 2120 L Street NW (Lower 
    Level), Washington, DC. Single copies of the environmental assessment 
    and finding of no significant impact are available from Mr. Stephen F. 
    LaVie, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
    NRC, Washington, DC 20555-0001, telephone: 301-415-1081, or by Internet 
    electronic mail to sfl@nrc.gov.
    
    VIII. Paperwork Reduction Act Statement
    
        This proposed rule increases the burden on licensees by requiring 
    that when seeking to revise their current accident source term in 
    design basis radiological consequence analyses, they apply for an 
    amendment under Sec. 50.90. The public burden for this information 
    collection is estimated to average 609 hours per request. Because the 
    burden for this information collection is insignificant, Office of 
    Management and Budget (OMB) clearance is not required. Existing 
    requirements were approved by the Office of Management and Budget, 
    approval number 3150-0011.
    
    Public Protection Notification
    
        If an information collection does not display a currently valid OMB 
    control number, the NRC may not conduct or sponsor, and a person is not 
    required to respond to, the information collection.
    
    [[Page 12124]]
    
    IX. Regulatory Analysis
    
        The Commission has prepared a regulatory analysis on this 
    regulation. Interested persons may examine a copy of the regulatory 
    analysis at the NRC Public Document Room, 2120 L Street NW. (Lower 
    Level), Washington, DC. Single copies of the analysis are available 
    from Mr. Stephen F. LaVie, Office of Nuclear Reactor Regulation, U.S. 
    Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 
    301-415-1081, or by Internet electronic mail to sfl@nrc.gov.
    
    X. Regulatory Flexibility Certification
    
        As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 
    605(b), the Commission certifies that this regulation will not have a 
    significant economic impact on a substantial number of small entities. 
    This proposed regulation will affect only the licensing and operation 
    of nuclear power plants. The companies that own these plants do not 
    fall within the definition of ``small entities'' found in the 
    Regulatory Flexibility Act or within the size standards established by 
    the NRC (April 11, 1995; 60 FR 18344).
    
    XI. Backfit Analysis
    
        The NRC has determined that the backfit rule in 10 CFR 50.109, does 
    not apply to this proposed regulation and that a backfit analysis is 
    not required for this proposed regulation because these amendments do 
    not involve any provisions that would impose backfits as defined in 10 
    CFR 50.109(a)(1). This proposed regulation amends the NRC's regulations 
    by establishing alternate requirements that may be voluntarily adopted 
    by licensees.
    
    List of Subjects
    
    10 CFR Part 21
    
        Nuclear power plants and reactors, Penalties, Radiation protection, 
    Reporting and recordkeeping requirements.
    
    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 54
    
        Administrative practice and procedure, Age-related degradation, 
    Backfitting, Classified information, Criminal penalties, Environmental 
    protection, Nuclear power plants and reactors, Reporting and 
    recordkeeping requirements.
    
        For the reasons noted 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 the 
    following amendments to 10 CFR Parts 21, 50, and 54:
    
    PART 21--REPORTING OF DEFECTS AND NONCOMPLIANCE
    
        1. The authority citation for part 21 continues to read as follows:
    
        Authority: Sec. 161, 68 Stat. 948, as amended, sec. 234, 83 
    Stat. 444, as amended, sec. 1701, 106 Stat. 2951, 2953 (42 U.S.C. 
    2201, 2282, 2297f); secs. 201, as amended, 206, 88 Stat. 1242, as 
    amended, 1246 (42 U.S.C. 5841, 5846).
        Section 21.2 also issued under secs. 135, 141, Pub. L. 97-425, 
    96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
    
        2. Section 21.3 is amended by republishing the introductory text 
    and revising paragraph (1)(i)(C) of the definition of Basic component 
    to read as follows:
    
    
    Sec. 21.3  Definitions.
    
        As used in this part:
        Basic component. (1)(i) * * *
        (C) The capability to prevent or mitigate the consequences of 
    accidents which could result in potential offsite exposures comparable 
    to those referred to in Sec. 50.34(a)(1), Sec. 50.67(b)(2), or 
    Sec. 100.11 of this chapter, as applicable.
    * * * * *
    
    PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
    FACILITIES
    
        3. 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. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 
    2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 
    Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
        Section 50.7 also issued under Pub. L. 95-9601, sec. 10, 92 
    Stat. 2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 
    101, 185, 68 Stat. 955 as amended (42 U.S.C. 2131, 2235), sec. 102, 
    Pub. L. 91-9190, 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. 
    91-9190, 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. 97-9415, 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).
    
        4. Section 50.2 is amended by republishing the introductory text, 
    by revising paragraph (1)(iii) of the definition of Basic component and 
    by adding in alphabetical order the definition for Source term to read 
    as follows:
    
    
    Sec. 50.2  Definitions.
    
        As used in this part,
    * * * * *
        Basic component * * *
        (1) * * *
        (iii) The capability to prevent or mitigate the consequences of 
    accidents which could result in potential offsite exposures comparable 
    to those referred to in Sec. 50.34(a)(1), Sec. 50.67(b)(2), or 
    Sec. 100.11 of this chapter, as applicable.
    * * * * *
        Source term refers to the magnitude and mix of radionuclides 
    released from the reactor core to the reactor containment, their 
    physical and chemical form, and the timing of their release.
    * * * * *
        5. Section 50.34 is amended by revising paragraphs (f)(2)(vii), 
    (viii), (xxvi), and (xxviii) to read as follows:
    
    
    Sec. 50.34  Contents of applications; technical information.
    
    * * * * *
        (f) * * *
        (2) * * *
        (vii) Perform radiation and shielding design reviews of spaces 
    around systems that may, as a result of an accident, contain accident 
    source term 11 radioactive materials, and design as 
    necessary to permit adequate access to important areas and to protect 
    safety equipment from the radiation environment. (II.B.2)
    ---------------------------------------------------------------------------
    
        \11\ The fission product release assumed for these calculations 
    should be based upon a major accident, hypothesized for purposes of 
    site analysis or postulated from considerations of possible 
    accidental events, that would result in potential hazards not 
    exceeded by those from any accident considered credible. Such 
    accidents have generally been assumed to result in substantial 
    meltdown of the core with subsequent release of appreciable 
    quantities of fission products.
    ---------------------------------------------------------------------------
    
        (viii) Provide a capability to promptly obtain and analyze samples 
    from the reactor coolant system and containment that may contain 
    accident source term 12 radioactive materials without 
    radiation exposures to any individual exceeding 5 rems to the whole 
    body or 50 rems to
    
    [[Page 12125]]
    
    the extremities. Materials to be analyzed and quantified include 
    certain radionuclides that are indicators of the degree of core damage 
    (e.g., noble gases, radioiodines and cesiums, and nonvolatile 
    isotopes), hydrogen in the containment atmosphere, dissolved gases, 
    chloride, and boron concentrations. (II.B.3)
    ---------------------------------------------------------------------------
    
        \12\  See footnote 11 to paragraph (f)(2)(vii) of this section.
    ---------------------------------------------------------------------------
    
    * * * * *
        (xxvi) Provide for leakage control and detection in the design of 
    systems outside containment that contain (or might contain) accident 
    source term 13 radioactive materials following an accident. 
    Applicants shall submit a leakage control program, including an initial 
    test program, a schedule for re-testing these systems, and the actions 
    to be taken for minimizing leakage from such systems. The goal is to 
    minimize potential exposures to workers and public, and to provide 
    reasonable assurance that excessive leakage will not prevent the use of 
    systems needed in an emergency. (III.D.1.1)
    ---------------------------------------------------------------------------
    
        \13\  See footnote 11 to paragraph (f)(2)(vii) of this section.
    ---------------------------------------------------------------------------
    
    * * * * *
        (xxviii) Evaluate potential pathways for radioactivity and 
    radiation that may lead to control room habitability problems under 
    accident conditions resulting in an accident source term 14 
    release, and make necessary design provisions to preclude such 
    problems. (III.D.3.4)
    ---------------------------------------------------------------------------
    
        \14\  See footnote 11 to paragraph (f)(2)(vii) of this section.
    ---------------------------------------------------------------------------
    
        6. Section 50.49 is amended by revising paragraph (b)(1)(i)(C) to 
    read as follows:
    
    
    Sec. 50.49  Environmental qualification of electric equipment important 
    to safety for nuclear power plants.
    
    * * * * *
        (b) * * *
        (1) * * *
        (i) * * *
        (C) The capability to prevent or mitigate the consequences of 
    accidents that could result in potential offsite exposures comparable 
    to the guidelines in Sec. 50.34(a)(1), Sec. 50.67(b)(2), or Sec. 100.11 
    of this chapter, as applicable.
    * * * * *
        7. Section 50.65 is amended by revising paragraph (b)(1) to read as 
    follows:
    
    
    Sec. 50.65  Requirements for monitoring the effectiveness of 
    maintenance at nuclear power plants.
    
    * * * * *
        (b) * * *
        (1) Safety-related structures, systems and components that are 
    relied upon to remain functional during and following design basis 
    events to ensure the integrity of the reactor coolant pressure 
    boundary, the capability to shut down the reactor and maintain it in a 
    safe shutdown condition, or the capability to prevent or mitigate the 
    consequences of accidents that could result in potential offsite 
    exposure comparable to the guidelines in Sec. 50.34(a)(1), 
    Sec. 50.67(b)(2), or Sec. 100.11 of this chapter, as applicable.
    * * * * *
        8. Part 50 is amended by adding Sec. 50.67 to read as follows:
    
    
    Sec. 50.67  Accident source term.
    
        (a) Applicability. The requirements of this section apply to all 
    holders of operating licenses issued prior to January 10, 1997, who 
    seek to revise the current accident source term used in their design 
    basis radiological analyses.
        (b) Requirements. (1) A licensee who seeks to revise its current 
    accident source term in design basis radiological consequence analyses 
    shall apply for a license amendment under Sec. 50.90. The application 
    shall contain an evaluation of the consequences of applicable design 
    basis accidents 1 previously analyzed in the safety analysis 
    report.
    ---------------------------------------------------------------------------
    
        \1\ The fission product release assumed for these calculations 
    should be based upon a major accident, hypothesized for purposes of 
    design analyses or postulated from considerations of possible 
    accidental events, that would result in potential hazards not 
    exceeded by those from any accident considered credible. Such 
    accidents have generally been assumed to result in substantial 
    meltdown of the core with subsequent release of appreciable 
    quantities of fission products.
    ---------------------------------------------------------------------------
    
        (2) The NRC may issue the amendment only if the applicant's 
    analysis demonstrates with reasonable assurance that:
        (i) An individual located at any point on the boundary of the 
    exclusion area for any 2-hour period following the onset of the 
    postulated fission product release, would not receive a radiation dose 
    in excess of 0.25 Sv (25 rem) 2 total effective dose 
    equivalent (TEDE).
    ---------------------------------------------------------------------------
    
        \2\ The use of 0.25 Sv (25 rem) TEDE is not intended to imply 
    that this value constitutes an acceptable limit for emergency doses 
    to the public under accident conditions. Rather, this 0.25 Sv (25 
    rem) TEDE value has been stated in this section as a reference 
    value, which can be used in the evaluation of proposed design basis 
    changes with respect to potential reactor accidents of exceedingly 
    low probability of occurrence and low risk of public exposure to 
    radiation.
    ---------------------------------------------------------------------------
    
        (ii) An individual located at any point on the outer boundary of 
    the low population zone, who is exposed to the radioactive cloud 
    resulting from the postulated fission product release (during the 
    entire period of its passage), would not receive a radiation dose in 
    excess of 0.25 Sv (25 rem) total effective dose equivalent (TEDE).
        (iii) Adequate radiation protection is provided to permit access to 
    and occupancy of the control room under accident conditions without 
    personnel receiving radiation exposures in excess of 0.05 Sv (5 rem) 
    total effective dose equivalent (TEDE) for the duration of the 
    accident.
        9. Part 50, Appendix A, II., General Design Criterion 19, is 
    revised to read as follows:
    
    Appendix A to Part 50--General Design
    
    Criteria for Nuclear Power Plants
    
    * * * * *
        II. * * *
        Criterion 19--Control room. A control room shall be provided 
    from which actions can be taken to operate the nuclear power unit 
    safely under normal conditions and to maintain it in a safe 
    condition under accident conditions, including loss-of-coolant 
    accidents. Adequate radiation protection shall be provided to permit 
    access and occupancy of the control room under accident conditions 
    without personnel receiving radiation exposures in excess of 5 rem 
    whole body, or its equivalent to any part of the body, for the 
    duration of the accident.
        Equipment at appropriate locations outside the control room 
    shall be provided (1) with a design capability for prompt hot 
    shutdown of the reactor, including necessary instrumentation and 
    controls to maintain the unit in a safe condition during hot 
    shutdown, and (2) with a potential capability for subsequent cold 
    shutdown of the reactor through the use of suitable procedures.
        Applicants for construction permits under this part or a design 
    certification or combined license under part 52 of this chapter who 
    apply on or after January 10, 1997, or holders of operating licenses 
    using an alternative source term under Sec. 50.67, shall meet the 
    requirements of this criterion, except that with regard to control 
    room access and occupancy, adequate radiation protection shall be 
    provided to ensure that radiation exposures shall not exceed 0.05 Sv 
    (5 rem) total effective dose equivalent (TEDE) as defined in 
    Sec. 50.2 for the duration of the accident.
    * * * * *
    
    PART 54--REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR 
    POWER PLANTS
    
        10. The authority citation for part 54 continues to read as 
    follows:
    
        Authority: Secs. 102, 103, 104, 161, 181, 182, 183, 186, 189, 68 
    Stat. 936, 937, 938, 948, 953, 954, 955, 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, 202, 206, 88 Stat. 1242, 
    1244, as amended (42 U.S.C. 5841, 5842), E.O. 12829, 3 CFR, 1993 
    Comp., p. 570; E.O. 12958, as amended, 3 CFR, 1995 Comp., p. 333; 
    E.O. 12968, 3 CFR, 1995 Comp., p. 391.
    
        11. Section 54.4 is amended by revising paragraph (a)(1)(iii) to 
    read as follows:
    
    [[Page 12126]]
    
    Sec. 54.4  Scope.
    
        (a) * * *
        (1) * * *
        (iii) The capability to prevent or mitigate the consequences of 
    accidents which could result in potential offsite exposures comparable 
    to those referred to in Sec. 50.34(a)(1), Sec. 50.67(b)(2), or 
    Sec. 100.11 of this chapter, as applicable.
    * * * * *
        Dated at Rockville, Maryland, this 5th day of March 1999.
    
        For the Nuclear Regulatory Commission.
    Annette Vietti-Cook,
    Secretary of the Commission.
    [FR Doc. 99-6058 Filed 3-10-99; 8:45 am]
    BILLING CODE 7590-01-U
    
    
    

Document Information

Published:
03/11/1999
Department:
Nuclear Regulatory Commission
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
99-6058
Dates:
The comment period expires on May 25, 1999. Comments received after this date will be considered, if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date.
Pages:
12117-12126 (10 pages)
RINs:
3150-AG12: Revised Source Term Use at Operating Reactors
RIN Links:
https://www.federalregister.gov/regulations/3150-AG12/revised-source-term-use-at-operating-reactors
PDF File:
99-6058.pdf
CFR: (15)
10 CFR 50.67(b)(2)
10 CFR 184
10 CFR 50.67
10 CFR 50.90
10 CFR 100.11
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