80_FR_72677 80 FR 72454 - In the Matter of All Operating Reactor Licensees With Mark I and Mark II Containments

80 FR 72454 - In the Matter of All Operating Reactor Licensees With Mark I and Mark II Containments

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 223 (November 19, 2015)

Page Range72454-72455
FR Document2015-29537

The U.S. Nuclear Regulatory Commission (NRC) has issued a director's decision with regard to a petition dated July 29, 2011, filed by Mr. David Lochbaum, Director for Nuclear Safety Project of Union of Concerned Scientists (the petitioner), requesting that the NRC take action with regard to all operating General Electric (GE) boiling- water reactor (BWR) licensees with Mark I and Mark II primary containment designs (referred hereafter as the licensees).

Federal Register, Volume 80 Issue 223 (Thursday, November 19, 2015)
[Federal Register Volume 80, Number 223 (Thursday, November 19, 2015)]
[Notices]
[Pages 72454-72455]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29537]


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NUCLEAR REGULATORY COMMISSION

[NRC-2011-0267]


In the Matter of All Operating Reactor Licensees With Mark I and 
Mark II Containments

AGENCY: Nuclear Regulatory Commission.

ACTION: Director's decision under 10 CFR 2.206; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued a 
director's decision with regard to a petition dated July 29, 2011, 
filed by Mr. David Lochbaum, Director for Nuclear Safety Project of 
Union of Concerned Scientists (the petitioner), requesting that the NRC 
take action with regard to all operating General Electric (GE) boiling-
water reactor (BWR) licensees with Mark I and Mark II primary 
containment designs (referred hereafter as the licensees).

ADDRESSES: Please refer to Docket ID NRC-2011-0267 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-2011-0267. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(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 pdr.resource@nrc.gov. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that a document is referenced.
     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: John G. Lamb, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-3100, email: John.Lamb@nrc.gov.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the Director, 
Office of Nuclear Reactor Regulation, has issued a director's decision 
(ADAMS Accession No. ML15132A625) on a petition filed by the petitioner 
on July 29, 2011 (ADAMS Accession No. ML11213A030).
    The petitioner requested that the NRC issue a demand for 
information (DFI) of the operating licenses of all GE BWRs that utilize 
the Mark I and Mark II primary containment designs.
    The NRC sent a copy of the proposed director's decision to the 
petitioner and the licensees for comment on April 17, 2015 (ADAMS 
Accession No. ML12215A283). The petitioner and the licensees were asked 
to provide comments within 30 days on any part of the proposed 
director's decision that was considered to be erroneous or any issues 
in the petition that were not addressed. The NRC staff received 
comments on the proposed director's decision from the petitioner by 
letter dated May 8, 2015 (ADAMS Accession No. ML15128A388). The NRC 
staff responses to the comments are attached to the director's 
decision.
    The Director of the Office of Nuclear Reactor Regulation denies the 
petition because the NRC staff has reasonable assurance that the design 
and operation of SFP cooling systems for BWRs with Mark I and II 
containment designs provide adequate assurance of public

[[Page 72455]]

health and safety and satisfy current regulations. The concern 
associated with development of harsh environmental conditions following 
a beyond-design-basis event that induces a sustained loss of spent fuel 
pool forced cooling was resolved through the issuance of orders and 
implementing guidance associated with the lesson-learned as a result of 
the Fukushima Dai-ichi accident. The reasons for this decision are 
explained in the director's decision (DD-15-11) pursuant to section 
2.206 of title 10 of the Code of Federal Regulations (10 CFR), of the 
Commission's regulations.
    The NRC will file a copy of the director's decision with the 
Secretary of the Commission for the Commission's review in accordance 
with 10 CFR 2.206. As provided by this regulation, the director's 
decision will constitute the final action of the Commission 25 days 
after the date of the decision unless the Commission, on its own 
motion, institutes a review of the director's decision in that time.

    Dated at Rockville, Maryland, this 2nd day of November 2015.

    For the Nuclear Regulatory Commission
William M. Dean,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2015-29537 Filed 11-18-15; 8:45 am]
BILLING CODE 7590-01-P



                                                  72454                     Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Notices

                                                  submissions available to the public or                  radioactive source and byproduct                      individual listed in the FOR FURTHER
                                                  entering the comment into ADAMS.                        materials. Section 40.25 established a                INFORMATION CONTACT     section of this
                                                                                                          general license authorizing the use of                document.
                                                  II. Background
                                                                                                          depleted uranium contained in                            • NRC’s Agencywide Documents
                                                     Under the provisions of the                          industrial products or devices for the                Access and Management System
                                                  Paperwork Reduction Act of 1995 (44                     purpose of providing a concentrated                   (ADAMS): You may obtain publicly-
                                                  U.S.C. chapter 35), the NRC recently                    mass in a small volume of the product                 available documents online in the
                                                  submitted a request for renewal of an                   or device. The NRC Form 244 is used to                ADAMS Public Documents collection at
                                                  existing collection of information to                   report the receipt and transfer of                    http://www.nrc.gov/reading-rm/
                                                  OMB for review entitled, ‘‘NRC Form                     depleted uranium, as required by                      adams.html. To begin the search, select
                                                  244, Registration Certificate—Use of                    § 40.25. The registration information                 ‘‘ADAMS Public Documents’’ and then
                                                  Depleted Uranium Under General                          required by the NRC Form 244 enables                  select ‘‘Begin Web-based ADAMS
                                                  License.’’ The NRC hereby informs                       the NRC to make a determination on                    Search.’’ For problems with ADAMS,
                                                  potential respondents that an agency                    whether the possession, use, or transfer              please contact the NRC’s Public
                                                  may not conduct or sponsor, and that a                  of depleted uranium source and                        Document Room (PDR) reference staff at
                                                  person is not required to respond to, a                 byproduct material is in conformance                  1–800–397–4209, 301–415–4737, or by
                                                  collection of information unless it                     with the NRC’s regulations for the                    email to pdr.resource@nrc.gov. The
                                                  displays a currently valid OMB control                  protection of public health and safety.               ADAMS accession number for each
                                                  number.                                                                                                       document referenced (if it is available in
                                                                                                            Dated at Rockville, Maryland, this 16th day
                                                     The NRC published a Federal                          of November 2015.                                     ADAMS) is provided the first time that
                                                  Register notice with a 60-day comment                                                                         a document is referenced.
                                                                                                            For the Nuclear Regulatory Commission.
                                                  period on this information collection on                                                                         • NRC’s PDR: You may examine and
                                                  June 16, 2015 (80 FR 34466).                            Tremaine Donnell,
                                                                                                                                                                purchase copies of public documents at
                                                     1. The title of the information                      NRC Clearance Officer, Office of the Chief
                                                                                                                                                                the NRC’s PDR, Room O1–F21, One
                                                  collection: NRC Form 244, ‘‘Registration                Information Officer.
                                                                                                                                                                White Flint North, 11555 Rockville
                                                  Certificate—Use of Depleted Uranium                     [FR Doc. 2015–29561 Filed 11–18–15; 8:45 am]
                                                                                                                                                                Pike, Rockville, Maryland 20852.
                                                  Under General License.’’                                BILLING CODE 7590–01–P
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT: John
                                                     2. OMB approval number: 3150–0031.
                                                                                                                                                                G. Lamb, Office of Nuclear Reactor
                                                     3. Type of submission: Extension.
                                                     4. The form number if applicable:                    NUCLEAR REGULATORY                                    Regulation, U.S. Nuclear Regulatory
                                                  NRC Form 244.                                           COMMISSION                                            Commission, Washington DC 20555–
                                                     5. How often the collection is required                                                                    0001; telephone: 301–415–3100, email:
                                                                                                          [NRC–2011–0267]                                       John.Lamb@nrc.gov.
                                                  or requested: Within 30 days after the
                                                  first receipt or acquisition of depleted                                                                      SUPPLEMENTARY INFORMATION: Notice is
                                                                                                          In the Matter of All Operating Reactor
                                                  uranium. Any changes in information                     Licensees With Mark I and Mark II                     hereby given that the Director, Office of
                                                  furnished by the registrant in the NRC                  Containments                                          Nuclear Reactor Regulation, has issued
                                                  Form 244 shall be reported in writing to                                                                      a director’s decision (ADAMS Accession
                                                  the Director, Office of Nuclear Material                AGENCY: Nuclear Regulatory                            No. ML15132A625) on a petition filed
                                                  Safety and Safeguards, with a copy to                   Commission.                                           by the petitioner on July 29, 2011
                                                  the Regional Administrator of the                       ACTION: Director’s decision under 10                  (ADAMS Accession No. ML11213A030).
                                                  appropriate U.S. Nuclear Regulatory                     CFR 2.206; issuance.                                     The petitioner requested that the NRC
                                                  Commission Regional Office listed in                                                                          issue a demand for information (DFI) of
                                                  appendix D of part 20 of title 10 of the                SUMMARY:   The U.S. Nuclear Regulatory                the operating licenses of all GE BWRs
                                                  Code of Federal Regulations (10 CFR);                   Commission (NRC) has issued a                         that utilize the Mark I and Mark II
                                                  this report shall be submitted within 30                director’s decision with regard to a                  primary containment designs.
                                                  days after the effective date of such                   petition dated July 29, 2011, filed by Mr.               The NRC sent a copy of the proposed
                                                  change.                                                 David Lochbaum, Director for Nuclear                  director’s decision to the petitioner and
                                                     6. Who will be required or asked to                  Safety Project of Union of Concerned                  the licensees for comment on April 17,
                                                  respond: Persons who receive, acquire,                  Scientists (the petitioner), requesting               2015 (ADAMS Accession No.
                                                  possess, or use depleted uranium                        that the NRC take action with regard to               ML12215A283). The petitioner and the
                                                  pursuant to the general license                         all operating General Electric (GE)                   licensees were asked to provide
                                                  established in 10 CFR 40.25(a).                         boiling-water reactor (BWR) licensees                 comments within 30 days on any part of
                                                     7. The estimated number of annual                    with Mark I and Mark II primary                       the proposed director’s decision that
                                                  responses: 9.4 responses (1.3 NRC                       containment designs (referred hereafter               was considered to be erroneous or any
                                                  licensee responses and 8.1 Agreement                    as the licensees).                                    issues in the petition that were not
                                                  State licensee responses).                              ADDRESSES: Please refer to Docket ID                  addressed. The NRC staff received
                                                     8. The estimated number of annual                    NRC–2011–0267 when contacting the                     comments on the proposed director’s
                                                  respondents: 7.2 respondents (1 NRC                     NRC about the availability of                         decision from the petitioner by letter
                                                  licensee and 6.2 Agreement State                        information regarding this document.                  dated May 8, 2015 (ADAMS Accession
                                                  licensees).                                             You may obtain publicly-available                     No. ML15128A388). The NRC staff
                                                     9. An estimate of the total number of                information related to this document                  responses to the comments are attached
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                                                  hours needed annually to comply with                    using any of the following methods:                   to the director’s decision.
                                                  the information collection requirement                     • Federal Rulemaking Web site: Go to                  The Director of the Office of Nuclear
                                                  or request: 9.4 hours (1.3 NRC licensee                 http://www.regulations.gov and search                 Reactor Regulation denies the petition
                                                  hours and 8.1 Agreement State licensee                  for Docket ID NRC–2011–0267. Address                  because the NRC staff has reasonable
                                                  hours).                                                 questions about NRC dockets to Carol                  assurance that the design and operation
                                                     10. Abstract: Part 40 of 10 CFR                      Gallagher; telephone: 301–415–3463;                   of SFP cooling systems for BWRs with
                                                  establishes requirements for the receipt,               email: Carol.Gallagher@nrc.gov. For                   Mark I and II containment designs
                                                  possession, use, and transfer of                        technical questions, contact the                      provide adequate assurance of public


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                                                                            Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Notices                                            72455

                                                  health and safety and satisfy current                   releasing records from this system will               Categories of records may include
                                                  regulations. The concern associated                     be effective without further notice on                correspondence identification (e.g.,
                                                  with development of harsh                               December 21, 2015 unless comments are                 correspondent’s name, address, title,
                                                  environmental conditions following a                    received that would result in a contrary              organization, control number, date of
                                                  beyond-design-basis event that induces                  determination.                                        correspondence, date received, subject),
                                                  a sustained loss of spent fuel pool                     ADDRESSES: Send written comments to                   status of response within OPM, the
                                                  forced cooling was resolved through the                 the Office of Personnel Management,                   original correspondence, OPM’s
                                                  issuance of orders and implementing                     ATTN: Jozetta Robinson, U.S. Office of                response, office or staff member
                                                  guidance associated with the lesson-                    Personnel Management, 1900 E Street                   assigned to handle the matter, referral
                                                  learned as a result of the Fukushima                    NW., Room 5450, Washington, DC                        letters, name and identification of
                                                  Dai-ichi accident. The reasons for this                 20415. Written comments can also be                   person referring the correspondence,
                                                  decision are explained in the director’s                sent by email to recordsmanagement@                   copies of any enclosures, and related
                                                  decision (DD–15–11) pursuant to                         opm.gov.                                              materials. Some internal memoranda,
                                                  section 2.206 of title 10 of the Code of                                                                      email correspondence, and logs/notes of
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  Federal Regulations (10 CFR), of the                                                                          official telephone calls to/by OPM staff
                                                                                                          Jozetta Robinson by telephone at 202–
                                                  Commission’s regulations.                                                                                     may also be tracked. This system does
                                                                                                          606–1000, or by email at OPMExecSec@
                                                     The NRC will file a copy of the                                                                            not cover systems of records covered by
                                                                                                          opm.gov.
                                                  director’s decision with the Secretary of                                                                     separately-noticed systems.
                                                  the Commission for the Commission’s                     SUPPLEMENTARY INFORMATION: In
                                                  review in accordance with 10 CFR                        accordance with 5 U.S.C. 552a(e)(4) and               AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

                                                  2.206. As provided by this regulation,                  (11), the public is given a 30-day period               5 U.S.C. 301 and 44 U.S.C. 3101.
                                                  the director’s decision will constitute                 in which to submit written comments.
                                                                                                          Therefore, please submit any comments                 PURPOSE(S):
                                                  the final action of the Commission 25
                                                  days after the date of the decision unless              by December 21, 2015. A description of                   The system controls and tracks
                                                  the Commission, on its own motion,                      the new system of records is provided                 correspondence received or originated
                                                  institutes a review of the director’s                   below. In accordance with 5 U.S.C.                    by OPM or referred to OPM, and action
                                                  decision in that time.                                  552a(r), the agency has provided a                    taken by OPM in response to
                                                                                                          report to OMB and the Congress.                       correspondence received, as well as
                                                    Dated at Rockville, Maryland, this 2nd day                                                                  some internal memoranda, action items,
                                                  of November 2015.                                       U.S. Office of Personnel Management.
                                                                                                                                                                email correspondence, and logs/notes of
                                                    For the Nuclear Regulatory Commission                 Beth F. Cobert,
                                                                                                                                                                official telephone calls. It also serves as
                                                  William M. Dean,                                        Acting Director.
                                                                                                                                                                a reference source for inquiries and
                                                  Director, Office of Nuclear Reactor                     SYSTEM NAME:                                          response thereto.
                                                  Regulation.
                                                  [FR Doc. 2015–29537 Filed 11–18–15; 8:45 am]              Correspondence Management for the                   ROUTINE USES OF RECORDS MAINTAINED IN THE
                                                                                                          U.S. Office of Personnel Management,                  SYSTEM, INCLUDING CATEGORIES OF USERS AND
                                                  BILLING CODE 7590–01–P
                                                                                                          Internal-21                                           THE PURPOSES OF SUCH USES:
                                                                                                                                                                   In addition to those disclosures
                                                                                                          SYSTEM LOCATION:
                                                                                                                                                                otherwise permitted under 5 U.S.C.
                                                  OFFICE OF PERSONNEL                                       U.S. Office of Personnel Management,                552a(b), all or a portion of the records
                                                  MANAGEMENT                                              1900 E Street NW., Washington, DC                     or information contained in this system
                                                                                                          20415 and other U.S. Office of                        may be disclosed outside of OPM, for a
                                                  Privacy Act of 1974, as Amended: New                    Personnel Management locations
                                                  System of Records                                                                                             routine use under 5 U.S.C. 552a(b)(3) as
                                                                                                          throughout the United States and the                  follows:
                                                  AGENCY:  U.S. Office of Personnel                       rest of the world.                                       a. For Law Enforcement Purposes—To
                                                  Management (OPM).                                       CATEGORIES OF INDIVIDUALS COVERED BY THE              disclose pertinent information to the
                                                  ACTION: Notice of a new system of                       SYSTEM:                                               appropriate Federal, State, or local
                                                  records.                                                   Individuals originating, receiving, or             agency responsible for investigating,
                                                                                                          named in correspondence (including                    prosecuting, enforcing, or implementing
                                                  SUMMARY:   Pursuant to the provisions of                                                                      a statute, rule, regulation, or order,
                                                                                                          attachments) to or from OPM or whose
                                                  the Privacy Act of 1974 (5 U.S.C. 552a),                                                                      where OPM becomes aware of an
                                                                                                          correspondence is referred to OPM, or
                                                  as amended, and Office of Management                                                                          indication of a violation or potential
                                                                                                          persons communicating electronically,
                                                  and Budget (OMB), Circular No. A–130,                                                                         violation of civil or criminal law or
                                                                                                          by mail, or by telephone with OPM
                                                  notice is given that the U.S. Office of                                                                       regulation.
                                                                                                          regarding official business of OPM,
                                                  Personnel Management (OPM) proposes                                                                              b. For Certain Disclosures to Other
                                                                                                          including Members of Congress, other
                                                  to establish a new agency-wide system                                                                         Federal Agencies—To disclose
                                                                                                          government officials, individuals, and
                                                  of records entitled ‘‘Correspondence                                                                          information to a Federal agency, in
                                                                                                          their representatives; individuals
                                                  Management for the U.S. Office of                                                                             response to its request in connection
                                                                                                          originating, receiving, or named in
                                                  Personnel Management,’’ Internal-21.                                                                          with the hiring or retention of an
                                                                                                          internal memoranda (including
                                                  The purpose of this agency-wide notice                                                                        employee, the issuance of a security
                                                                                                          attachments) within OPM, including
                                                  is to increase administrative efficiency                                                                      clearance, the conducting of a suitability
                                                                                                          OPM employees, contractors, and
                                                  and to centralize and simplify for the
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                                                                                                          individuals relating to investigations,               or security investigation of an
                                                  public the process of obtaining                                                                               individual, the classifying of jobs, the
                                                                                                          policy decisions, or administrative
                                                  information and making requests. This                                                                         letting of a contract, or the issuance of
                                                                                                          matters of significance to OPM.
                                                  system notice does not supersede                                                                              a license, grant, or other benefit by the
                                                  systems of records covered by                           CATEGORIES OF RECORDS IN THE SYSTEM:                  requesting agency, to the extent that the
                                                  separately-noticed systems.                               The categories of records within the                information is relevant and necessary to
                                                  DATES: Please submit any comments by                    system vary according to the wide scope               the requesting agency’s decision on the
                                                  December 21, 2015. The routine uses for                 of the responsibilities of OPM.                       matter.


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Document Created: 2015-12-14 13:57:05
Document Modified: 2015-12-14 13:57:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionDirector's decision under 10 CFR 2.206; issuance.
ContactJohn G. Lamb, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-3100, email: [email protected]
FR Citation80 FR 72454 

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