80 FR 62116 - Security Exemptions/License Amendment Requests for Decommissioning Nuclear Power Plants
NUCLEAR REGULATORY COMMISSION Federal Register Volume 80, Issue 199 (October 15, 2015)
Federal Register Volume 80, Issue 199 (October 15, 2015)
| Page Range | 62116-62118 | |
| FR Document | 2015-26245 |
[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)] [Notices] [Pages 62116-62118] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-26245] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2014-0255] Security Exemptions/License Amendment Requests for Decommissioning Nuclear Power Plants AGENCY: Nuclear Regulatory Commission. ACTION: Interim staff guidance; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing Interim Staff Guidance (ISG) NSIR/DSP-ISG-03, ``Review of Security Exemptions/License Amendment Requests for Decommissioning Nuclear Power Plants,'' dated September 28, 2015. This document provides guidance for NRC staff to ensure clear and consistent reviews of a licensee's request for licensing actions and amendments, the use of alternative measures, and requests for exemption from security regulations for nuclear power reactors after permanent cessation of plant operations. DATES: This ISG is effective on November 16, 2015. ADDRESSES: Please refer to Docket ID NRC-2014-0255 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0255. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: [email protected]. For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. NRC's Agencywide Documents Access and Management System [[Page 62117]] (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. The draft NSIR/DSP-ISG-03, the final NSIR/DSP-ISG-03, the public comments, and the NRC staff's responses to public comments are available in ADAMS under Accession Nos. ML14294A170, ML15106A737, ML15042A208, and ML15054A200, respectively. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Douglas Garner, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-287-0229; email: [email protected]. SUPPLEMENTARY INFORMATION: I. Discussion Currently, the power reactor physical security requirements in part 73 of title 10 of the Code of Federal Regulations (10 CFR) and the NRC security orders that apply to licensees of nuclear power reactors under 10 CFR part 50 apply equally to operating and decommissioning power reactor licensees; the 10 CFR part 50 license is retained after permanent cessation of operations and removal of fuel from the reactor vessel. The NRC recognizes that licensees that have permanently ceased operations and have no fuel in the reactor vessel present a significantly reduced risk to public health and safety compared with operating reactors. Because of the lower comparative risk from a decommissioning power reactor, licensees typically request exemptions from regulatory requirements on the basis that the application of a specific regulation in the particular circumstance of decommissioning plants is not necessary to achieve the underlying purpose of the regulations and orders. Licensees have historically used the NRC's existing license amendment and exemption processes to propose tailored security requirements for site-specific conditions at a decommissioning facility. Licensees must follow the process outlined in 10 CFR 73.5 when applying for exemptions from security regulations. This ISG provides guidance to NRC staff in processing requests for license amendments and exemptions from the security requirements for nuclear power reactors that are undergoing decommissioning. Use of this ISG would result in consistent and timely reviews of requests for exemption from certain security regulations. II. Public Comments A draft ISG was published for public comment in the Federal Register on December 2, 2014 (79 FR 71458). The public comment period closed on January 8, 2015. The NRC received 37 separate comments on the draft ISG in three submissions from members of the nuclear industry. None of the comments received resulted in substantive changes being made to the ISG. One submission from the nuclear industry provided editorial comments and comments for clarification. III. Changes to the ISG This ISG was revised from the draft that appeared in the Federal Register on December 2, 2014. Editorial changes based on public comments are described in the NRC staff's responses to public comments. The ISG was also revised to provide clarification to staff regarding internal NRC processing. IV. Congressional Review Act This ISG, NSIR/DSP-ISG-03 is a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act. V. Backfitting and Issue Finality The NRC is issuing interim guidance for the NRC staff regarding its review of requests from licensees of decommissioning nuclear power plants for license amendments, alternative measures, and exemptions from specific security requirements in 10 CFR part 73. Issuance of the ISG does not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule) and is not otherwise inconsistent with the issue finality provisions in 10 CFR part 52. The NRC's position is based upon the following considerations. 1. The ISG positions do not constitute backfitting, inasmuch as the ISG is internal guidance to NRC staff. The ISG provides interim guidance to the staff on how to review certain requests for exemption, alternative measures, or license amendments. Changes in internal staff guidance are not matters for which applicants or licensees are protected under 10 CFR 50.109 or issue finality provisions in 10 CFR part 52. 2. The staff has no intention to impose the ISG on existing nuclear power plant licenses or holders of regulatory approvals either now or in the future (absent a voluntary request for change from the licensee or holder of a regulatory approval). The staff does not intend to impose or apply the positions described in the ISG to existing (already issued) licenses (e.g., operating licenses and combined licenses) and regulatory approvals. Hence, the ISG--even if considered guidance that is within the purview of the issue finality provisions in 10 CFR part 52--need not be evaluated as if it were a backfit or as being inconsistent with issue finality provisions. If, in the future, the staff seeks to impose a position in the ISG on holders of already issued licenses in a manner that does not provide issue finality as described in the applicable issue finality provision, then the staff must make the showing as set forth in the Backfit Rule, or address the criteria for avoiding issue finality as described in the applicable issue finality provision, as applicable. 3. Backfitting and issue finality do not--with limited exceptions not applicable here--protect current or future applicants. Applicants and potential applicants are not, with certain exceptions, protected by either the Backfit Rule or any issue finality provisions under 10 CFR part 52. This is because neither the Backfit Rule nor the issue finality provisions under 10 CFR part 52--with certain exclusions discussed below--were intended to apply to every NRC action that substantially changes the expectations of current and future applicants. The exceptions to the general principle are applicable whenever an applicant references a 10 CFR part 52 license (e.g., an early site permit) and/or NRC regulatory approval (e.g., a design certification rule) with specified issue finality provisions. The staff does not, at this time, intend to impose the positions represented in the ISG in a manner that is inconsistent with any issue finality provisions. If, in the future, the staff seeks to impose a position in the ISG in a manner that does not provide issue finality as described in the applicable issue finality provision, then the staff must address the criteria for avoiding issue finality as described in the applicable issue finality provision. Dated at Rockville, Maryland, this 30th day of September, 2015. [[Page 62118]] For the Nuclear Regulatory Commission. Christiana Lui, Director, Division of Security Policy, Office of Nuclear Security and Incident Response. [FR Doc. 2015-26245 Filed 10-14-15; 8:45 am] BILLING CODE 7590-01-P
![62116 Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices
displays a currently valid OMB control work; (5) MSP-Start Partnerships are for self-reporting or representing a project
number. awardees new to the MSP program, and reporting on behalf of many project
SUPPLEMENTARY INFORMATION: especially from minority-serving participants. The majority of
Title of Collection: Monitoring for the institutions, community colleges and respondents (60%) are estimated to
National Science Foundation’s Math primarily undergraduate institutions, to require fewer than two hours to
and Science Partnership (MSP) Program. support the necessary data analysis, complete the survey. The burden on the
OMB Control No.: 3145–0199. project design, evaluation and team public is negligible because the study is
building activities needed to develop a limited to project participants that have
1. Abstract
full MSP Targeted or Institute received funding from the MSP
• This document has been prepared Partnership; and (6) Phase II Program.
to support the clearance of data Partnerships for prior MSP Partnership Dated: October 8, 2015.
collection instruments to be used in the awardees focus on specific innovation Suzanne H. Plimpton,
evaluation of the Math and Science areas of their work where evidence of
Partnership (MSP) program. The goals Reports Clearance Officer, National Science
significant positive impact is clearly Foundation.
for the program are to (1) ensure that all documented and where an investment
K–12 students have access to, are [FR Doc. 2015–26161 Filed 10–14–15; 8:45 am]
of additional resources and time would
prepared for, and are encouraged to produce more robust findings and
BILLING CODE 7555–01–P
participate and succeed in challenging results.
curricula and advanced mathematics The MSP monitoring information
and science courses; (2) enhance the system, comprised of eight web-based NUCLEAR REGULATORY
quality, quantity, and diversity of the K– surveys, collects a common core of data COMMISSION
12 mathematics and science teacher about each component of MSP. The Web [NRC–2014–0255]
workforce; and (3) develop evidence- application for MSP has been developed
based outcomes that contribute to our with a modular design that incorporates Security Exemptions/License
understanding of how students templates and self-contained code Amendment Requests for
effectively learn the knowledge, skills modules for rapid development and Decommissioning Nuclear Power
and ways of thinking inherent in ease of modification. A downloadable Plants
mathematics, computer science, version will also be available for
engineering, and/or the natural sciences. AGENCY: Nuclear Regulatory
respondents who prefer a paper version Commission.
The motivational force for realizing that they can mail or fax to the external
these goals is the formation of ACTION: Interim staff guidance; issuance.
contractor.
partnerships between institutions of Use of the information: This SUMMARY: The U.S. Nuclear Regulatory
higher education (IHEs) and K–12 information is required for effective Commission (NRC) is issuing Interim
school districts. The role of IHE content program planning, administration, Staff Guidance (ISG) NSIR/DSP–ISG–03,
faculty is the cornerstone of this communication, program and project ‘‘Review of Security Exemptions/
intervention. In fact, it is the rigorous monitoring and evaluation, and for License Amendment Requests for
involvement of science, mathematics, measuring attainment of NSF’s program, Decommissioning Nuclear Power
and engineering faculty—and the project and strategic goals; the Deficit Plants,’’ dated September 28, 2015. This
expectation that both IHEs and K–12 Reduction Act of 2005 (Pub. L. 109–171) document provides guidance for NRC
school systems will be transformed— which established the Academic staff to ensure clear and consistent
that distinguishes MSP from other Competitiveness (ACC). The MSP reviews of a licensee’s request for
education reform efforts. program is also directly aligned with
• The components of the overall MSP licensing actions and amendments, the
two of NSF’s long-term investment use of alternative measures, and
portfolio include active projects whose categories: (1) Transform the Frontiers
initial awards were made in prior MSP requests for exemption from security
and (2) Innovate for Society. regulations for nuclear power reactors
competitions: (1) Comprehensive
Partnerships that implement change in 2. Expected Respondents after permanent cessation of plant
mathematics and/or science educational operations.
The expected respondents are
practices in both higher education principal investigators of all Targeted DATES: This ISG is effective on
institutions and in schools and school and Institute partnership projects; November 16, 2015.
districts, resulting in improved student STEM and education faculty members ADDRESSES: Please refer to Docket ID
achievement across the K–12 and administrators who participated in NRC–2014–0255 when contacting the
continuum; (2) Targeted Partnerships MSP; school districts and IHEs that are NRC about the availability of
that focus on improved K–12 student partners in an MSP project; and teachers information regarding this document.
achievement in a narrower grade range participating in Institute Partnerships. You may obtain publicly-available
or disciplinary focus within information related to this document
mathematics or science; (3) Institute 3. Burden on the Public using any of the following methods:
Partnerships: Teacher Institutes for the Number of Respondents: 1936. • Federal Rulemaking Web site: Go to
21st Century that focus on the Burden of the Public: The estimated http://www.regulations.gov and search
development of mathematics and total annual response burden for this for Docket ID NRC–2014–0255. Address
science teachers as school—and district- collection is 17,727 hours. questions about NRC dockets to Carol
mstockstill on DSK4VPTVN1PROD with NOTICES
based intellectual leaders and master This figure is based upon the previous Gallagher; telephone: 301–415–3463;
teachers; (4) Research, Evaluation and 3 years of collecting information under email: Carol.Gallagher@nrc.gov. For
Technical Assistance (RETA) projects this clearance and anticipated technical questions, contact the
that build and enhance large-scale collections. The average annual individuals listed in the FOR FURTHER
research and evaluation capacity for all reporting burden is estimated to be INFORMATION CONTACT section of this
MSP awardees and provide them with between less than 1 and 50 hours per document.
tools and assistance in the respondent depending on whether a • NRC’s Agencywide Documents
implementation and evaluation of their respondent is a direct participant who is Access and Management System
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![62118 Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices
For the Nuclear Regulatory Commission. Schedule, a Statement of Supporting DATES: Comments are due: October 15,
Christiana Lui, Justification, a certification of 2015.
Director, Division of Security Policy, Office compliance with 39 U.S.C. 3633(a), and ADDRESSES: Submit comments
of Nuclear Security and Incident Response. an application for non-public treatment electronically via the Commission’s
[FR Doc. 2015–26245 Filed 10–14–15; 8:45 am] of certain materials. It also filed Filing Online system at http://
BILLING CODE 7590–01–P supporting financial workpapers. www.prc.gov. Those who cannot submit
II. Notice of Commission Action comments electronically should contact
the person identified in the FOR FURTHER
POSTAL REGULATORY COMMISSION The Commission establishes Docket INFORMATION CONTACT section by
Nos. MC2016–1 and CP2016–1 to telephone for advice on filing
[Docket Nos. MC2016–1 and CP2016–1; consider the Request pertaining to the
Order No. 2748] alternatives.
proposed Priority Mail Contract 145
product and the related contract, FOR FURTHER INFORMATION CONTACT:
New Postal Product David A. Trissell, General Counsel, at
respectively.
AGENCY: Postal Regulatory Commission. The Commission invites comments on 202–789–6820.
ACTION: Notice. whether the Postal Service’s filings in SUPPLEMENTARY INFORMATION:
the captioned dockets are consistent
SUMMARY: The Commission is noticing a with the policies of 39 U.S.C. 3632, Table of Contents
recent Postal Service filing concerning 3633, or 3642, 39 CFR part 3015, and 39 I. Introduction
the addition of Priority Mail Contract CFR part 3020, subpart B. Comments are II. Notice of Commission Action
145 negotiated service agreement to the due no later than October 15, 2015. The III. Ordering Paragraphs
competitive product list. This notice public portions of these filings can be I. Introduction
informs the public of the filing, invites accessed via the Commission’s Web site
public comment, and takes other (http://www.prc.gov). In accordance with 39 U.S.C. 3642
administrative steps. The Commission appoints Lyudmila and 39 CFR 3020.30 et seq., the Postal
DATES: Comments are due: October 15, Y. Bzhilyanskaya to serve as Public Service filed a formal request and
2015. Representative in these dockets. associated supporting information to
ADDRESSES: Submit comments
add Priority Mail Contract 147 to the
III. Ordering Paragraphs competitive product list.1
electronically via the Commission’s
Filing Online system at http:// It is ordered: The Postal Service
www.prc.gov. Those who cannot submit 1. The Commission establishes Docket contemporaneously filed a redacted
comments electronically should contact Nos. MC2016–1 and CP2016–1 to contract related to the proposed new
the person identified in the FOR FURTHER consider the matters raised in each product under 39 U.S.C. 3632(b)(3) and
INFORMATION CONTACT section by docket. 39 CFR 3015.5. Request, Attachment B.
telephone for advice on filing 2. Pursuant to 39 U.S.C. 505, To support its Request, the Postal
alternatives. Lyudmila Y. Bzhilyanskaya is appointed Service filed a copy of the contract, a
to serve as an officer of the Commission copy of the Governors’ Decision
FOR FURTHER INFORMATION CONTACT: to represent the interests of the general authorizing the product, proposed
David A. Trissell, General Counsel, at public in these proceedings (Public changes to the Mail Classification
202–789–6820. Representative). Schedule, a Statement of Supporting
SUPPLEMENTARY INFORMATION: 3. Comments are due no later than Justification, a certification of
Table of Contents October 15, 2015. compliance with 39 U.S.C. 3633(a), and
4. The Secretary shall arrange for an application for non-public treatment
I. Introduction publication of this order in the Federal of certain materials. It also filed
II. Notice of Commission Action Register.
III. Ordering Paragraphs
supporting financial workpapers.
By the Commission. II. Notice of Commission Action
I. Introduction Ruth Ann Abrams,
In accordance with 39 U.S.C. 3642 The Commission establishes Docket
Acting Secretary.
and 39 CFR 3020.30 et seq., the Postal Nos. MC2016–4 and CP2016–4 to
[FR Doc. 2015–26131 Filed 10–14–15; 8:45 am]
Service filed a formal request and consider the Request pertaining to the
BILLING CODE 7710–FW–P
associated supporting information to proposed Priority Mail Contract 147
add Priority Mail Contract 145 to the product and the related contract,
competitive product list.1 respectively.
POSTAL REGULATORY COMMISSION
The Postal Service The Commission invites comments on
contemporaneously filed a redacted [Docket Nos. MC2016–4 and CP2016–4; whether the Postal Service’s filings in
contract related to the proposed new Order No. 2747] the captioned dockets are consistent
product under 39 U.S.C. 3632(b)(3) and with the policies of 39 U.S.C. 3632,
39 CFR 3015.5. Request, Attachment B. New Postal Product 3633, or 3642, 39 CFR part 3015, and 39
To support its Request, the Postal AGENCY: Postal Regulatory Commission. CFR part 3020, subpart B. Comments are
Service filed a copy of the contract, a due no later than October 15, 2015. The
ACTION: Notice. public portions of these filings can be
copy of the Governors’ Decision
mstockstill on DSK4VPTVN1PROD with NOTICES
authorizing the product, proposed SUMMARY: The Commission is noticing a accessed via the Commission’s Web site
changes to the Mail Classification recent Postal Service filing concerning (http://www.prc.gov).
the addition of Priority Mail Contract
1 Request of the United States Postal Service to 1 Request of the United States Postal Service to
147 negotiated service agreement. This
Add Priority Mail Contract 145 to Competitive Add Priority Mail Contract 147 to Competitive
Product List and Notice of Filing (Under Seal) of
notice informs the public of the filing, Product List and Notice of Filing (Under Seal) of
Unredacted Governors’ Decision, Contract, and invites public comment, and takes other Unredacted Governors’ Decision, Contract, and
Supporting Data, October 7, 2015 (Request). administrative steps. Supporting Data, October 7, 2015 (Request).
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Document Created: 2018-02-27 08:52:19
Document Modified: 2018-02-27 08:52:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Interim staff guidance; issuance. | |
| Dates | This ISG is effective on November 16, 2015. | |
| Contact | Douglas Garner, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-287-0229; email: [email protected] | |
| FR Citation | 80 FR 62116 |
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