82 FR 55954 - Regulatory Improvements for Power Reactors Transitioning to Decommissioning

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 226 (November 27, 2017)

Page Range		55954-55955
FR Document		2017-25552

The U.S. Nuclear Regulatory Commission (NRC) is publishing a regulatory basis to support a rulemaking that would amend the NRC's regulations for the decommissioning of nuclear power reactors. The NRC's goals in amending these regulations would be to provide for an efficient decommissioning process; reduce the need for exemptions from existing regulations; address other decommissioning issues deemed relevant by the NRC staff; and support the principles of good regulation, including openness, clarity, and reliability.

Federal Register, Volume 82 Issue 226 (Monday, November 27, 2017)

[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Proposed Rules]
[Pages 55954-55955]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25552]


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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. 82, No. 226 / Monday, November 27, 2017 / 
Proposed Rules

[[Page 55954]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 26, 50, 52, 73, and 140

[NRC-2015-0070]
RIN 3150-AJ59


Regulatory Improvements for Power Reactors Transitioning to 
Decommissioning

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory basis.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is publishing a 
regulatory basis to support a rulemaking that would amend the NRC's 
regulations for the decommissioning of nuclear power reactors. The 
NRC's goals in amending these regulations would be to provide for an 
efficient decommissioning process; reduce the need for exemptions from 
existing regulations; address other decommissioning issues deemed 
relevant by the NRC staff; and support the principles of good 
regulation, including openness, clarity, and reliability.

DATES: The regulatory basis is available on November 27, 2017.

ADDRESSES: Please refer to Docket ID NRC-2015-0070 when contacting the 
NRC about the availability of information for this action. You may 
obtain publicly-available information related to this action by any of 
the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0070. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. 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 [email protected]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in the 
SUPPLEMENTARY INFORMATION section. The regulatory basis can be accessed 
in ADAMS at accession number ML17215A010.
     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: Alysia G. Bone, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-1034, email: 
[email protected]; U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.

SUPPLEMENTARY INFORMATION: On December 30, 2014, the Commission 
directed the NRC staff to proceed with a rulemaking on power reactor 
decommissioning in the staff requirements memorandum (SRM) for SECY-14-
0118, ``Request by Duke Energy Florida, Inc., for Exemptions from 
Certain Emergency Planning Requirements'' (ADAMS Accession No. 
ML14364A111). The Commission also stated that the rulemaking should 
address: Issues discussed in SECY-00-0145, ``Integrated Rulemaking Plan 
for Nuclear Power Plant Decommissioning'' (ADAMS Accession No. 
ML003721626), such as the graded approach to emergency preparedness 
(EP); lessons learned from the plants that have already gone or are 
currently going through the decommissioning process; the advisability 
of requiring a licensee's post-shutdown decommissioning activities 
report (PSDAR) to be approved by the NRC; the appropriateness of 
maintaining the three existing options for decommissioning and the 
timeframes associated with those options; the appropriate role of state 
and local governments and non-governmental stakeholders in the 
decommissioning process; and any other issues deemed relevant by the 
NRC staff.
    The NRC issued an advance notice of proposed rulemaking (ANPR) in 
the Federal Register (80 FR 72358; November 19, 2015) to obtain 
stakeholder feedback on the regulatory issues included in the SRM for 
SECY-14-0118. The NRC received public comments related to each of the 
regulatory issues outlined in the ANPR. Most public feedback pertained 
to the level of public involvement in the decommissioning process, the 
60-year limit for power reactor decommissioning, the NRC's approval of 
the PSDAR, the use of decommissioning trust funds (DTFs), and EP 
considerations. The NRC reviewed the comments and used input received 
from the comments to develop the options presented in the draft 
regulatory basis, which was issued for a 90-day public comment period 
on March 15, 2017 (82 FR 13778). The NRC received input from 
stakeholders in every area addressed in the draft regulatory basis. The 
NRC also received the most stakeholder input on the current regulatory 
approach to decommissioning, EP, and DTFs. The comments received on the 
draft regulatory basis were considered in the development of the 
regulatory basis.
    In the regulatory basis, the NRC staff concludes that it has 
sufficient justification to proceed with rulemaking in the areas of EP, 
physical security, cyber security, drug and alcohol testing, training 
requirements for certified fuel handlers (CFHs), DTFs, offsite and 
onsite financial protection requirements and indemnity agreements, and 
application of the backfit rule. Further, the NRC staff is recommending 
rulemaking: (1) to require that decommissioning documents in Sec.  
50.54(bb) of title 10 of the Code of Federal Regulations (10 CFR); 
Sec.  50.82, ``Termination of license''; and Sec.  52.110, 
``Termination of license,'' or a combination thereof, contain 
information on spent fuel management planning, in accordance with the 
regulatory requirements in Sec.  72.218, ``Termination of Licenses''; 
(2) to amend Sec.  51.53, ``Postconstruction environmental reports,'' 
and Sec.  51.95, ``Postconstruction environmental impact statements,'' 
to clarify the environmental reporting requirements and add a reference 
to Sec.  52.110; (3) to

[[Page 55955]]

amend Sec. Sec.  50.82(a) and 52.110 to clarify that licensees must 
evaluate the environmental impacts of decommissioning, and whether they 
are bounded, in the PSDAR; (4) to amend Sec.  50.59(d)(3); Sec.  
50.71(c); 10 CFR part 50, appendix A, Criterion 1, ``Quality standards 
and records''; 10 CFR part 50, appendix B, Criterion XVII, ``Quality 
Assurance Records''; and Sec.  72.72(d) to remove certain record-
retention requirements for structures, systems, and components (SSCs) 
that no longer remain in service during decommissioning, as well as 
duplication requirements for spent fuel storage records; and (5) to 
amend 10 CFR part 20, appendix G, Section III.E, for investigating 
shipments of low-level radioactive waste (LLW) if the shipper has not 
received notification of receipt within 20 days after transfer, to 
allow a 45-day notification window based on operating experience that 
shows this is a reasonable delay for LLW shipments.
    Additionally in this regulatory basis, the NRC staff recommends 
guidance development and inspection procedure updates for minimum 
staffing of non-licensed operators and aging management of certain 
SSCs. The NRC staff also determined that fatigue management would not 
be addressed in this decommissioning rule.
    In the regulatory basis, the NRC staff reiterated conclusions from 
the draft regulatory basis that regulatory activities other than 
rulemaking--such as guidance development--can be pursued to address the 
appropriate role of State and local governments in the decommissioning 
process, the level of NRC review of the PSDAR, and the 60-year limit 
for power reactor decommissioning.
    In addition to the regulatory basis, staff plans to publish a 
revised preliminary draft of the regulatory analysis, which will update 
and refine the analysis of costs and benefits.
    The NRC staff plans to publish a proposed rule for public comment 
in 2018.

    Dated at Rockville, Maryland, this 21st day of November 2017.

    For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Division of Rulemaking, Office of Nuclear Material Safety and 
Safeguards.
[FR Doc. 2017-25552 Filed 11-24-17; 8:45 am]
 BILLING CODE 7590-01-P

Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules 55955

amend §§ 50.82(a) and 52.110 to clarify DEPARTMENT OF TRANSPORTATION the availability of this material at the
that licensees must evaluate the FAA, call 425–227–1221.
environmental impacts of Federal Aviation Administration
Examining the AD Docket
decommissioning, and whether they are
bounded, in the PSDAR; (4) to amend 14 CFR Part 39 You may examine the AD docket on
§ 50.59(d)(3); § 50.71(c); 10 CFR part 50, the Internet at http://
[Docket No. FAA–2017–1093; Product
www.regulations.gov by searching for
appendix A, Criterion 1, ‘‘Quality Identifier 2017–NM–018–AD]
and locating Docket No. FAA–2017–
standards and records’’; 10 CFR part 50, RIN 2120–AA64 1093; or in person at the Docket
appendix B, Criterion XVII, ‘‘Quality Management Facility between 9 a.m.
Assurance Records’’; and § 72.72(d) to Airworthiness Directives; Airbus and 5 p.m., Monday through Friday,
remove certain record-retention Airplanes except Federal holidays. The AD docket
requirements for structures, systems, contains this proposed AD, the
and components (SSCs) that no longer AGENCY: Federal Aviation
Administration (FAA), DOT. regulatory evaluation, any comments
remain in service during received, and other information. The
decommissioning, as well as ACTION: Notice of proposed rulemaking
street address for the Docket Operations
duplication requirements for spent fuel (NPRM). office (telephone 800–647–5527) is in
storage records; and (5) to amend 10 SUMMARY: We propose to adopt a new the ADDRESSES section. Comments will
CFR part 20, appendix G, Section III.E, airworthiness directive (AD) for certain be available in the AD docket shortly
for investigating shipments of low-level Airbus Model A318 series airplanes; after receipt.
radioactive waste (LLW) if the shipper Model A319 series airplanes; Model FOR FURTHER INFORMATION CONTACT:
has not received notification of receipt A320–211, –212, –214, –216, –231, Sanjay Ralhan, Aerospace Engineer,
within 20 days after transfer, to allow a –232, and –233 airplanes; and Model International Section, Transport
45-day notification window based on A321–111, –112, –131, –211, –212, Standards Branch, FAA, 1601 Lind
operating experience that shows this is –213, –231, and –232 airplanes. This Avenue SW., Renton, WA 98057–3356;
a reasonable delay for LLW shipments. proposed AD was prompted by reports telephone 425–227–1405; fax 425–227–
of early cracking on certain holes of the 1149.
Additionally in this regulatory basis,
crossbeam splicing at certain fuselage SUPPLEMENTARY INFORMATION:
the NRC staff recommends guidance
development and inspection procedure frames. This proposed AD would Comments Invited
require repetitive inspections for
updates for minimum staffing of non- We invite you to send any written
cracking of the fastener holes in certain
licensed operators and aging relevant data, views, or arguments about
fuselage frames, and depending on
management of certain SSCs. The NRC airplane configuration, would provide this proposal. Send your comments to
staff also determined that fatigue an optional terminating action to the an address listed under the ADDRESSES
management would not be addressed in repetitive inspections. We are proposing section. Include ‘‘Docket No. FAA–
this decommissioning rule. this AD to address the unsafe condition 2017–1093; Product Identifier 2017–
In the regulatory basis, the NRC staff on these products. NM–018–AD’’ at the beginning of your
reiterated conclusions from the draft comments. We specifically invite
DATES: We must receive comments on
comments on the overall regulatory,
regulatory basis that regulatory activities this proposed AD by January 11, 2018. economic, environmental, and energy
other than rulemaking—such as ADDRESSES: You may send comments, aspects of this proposed AD. We will
guidance development—can be pursued using the procedures found in 14 CFR consider all comments received by the
to address the appropriate role of State 11.43 and 11.45, by any of the following closing date and may amend this
and local governments in the methods: proposed AD based on those comments.
decommissioning process, the level of • Federal eRulemaking Portal: Go to We will post all comments we
NRC review of the PSDAR, and the 60- http://www.regulations.gov. Follow the receive, without change, to http://
year limit for power reactor instructions for submitting comments. www.regulations.gov, including any
decommissioning. • Fax: 202–493–2251. personal information you provide. We
In addition to the regulatory basis, • Mail: U.S. Department of will also post a report summarizing each
Transportation, Docket Operations, M– substantive verbal contact we receive
staff plans to publish a revised
30, West Building Ground Floor, Room about this proposed AD.
preliminary draft of the regulatory
W12–140, 1200 New Jersey Avenue SE.,
analysis, which will update and refine Discussion
Washington, DC 20590.
the analysis of costs and benefits. • Hand Delivery: Deliver to Mail The European Aviation Safety Agency
The NRC staff plans to publish a address above between 9 a.m. and 5 (EASA), which is the Technical Agent
proposed rule for public comment in p.m., Monday through Friday, except for the Member States of the European
2018. Federal holidays. Union, has issued EASA AD 2016–0139,
For service information identified in dated July 14, 2016 (referred to after this
Dated at Rockville, Maryland, this 21st day
this NPRM, contact Airbus, as the Mandatory Continuing
of November 2017.
Airworthiness Office–EIAS, 1 Rond Airworthiness Information, or ‘‘the
For the Nuclear Regulatory Commission.
pmangrum on DSK3GDR082PROD with PROPOSALS1

Point Maurice Bellonte, 31707 Blagnac MCAI’’), to correct an unsafe condition
Patricia K. Holahan, Cedex, France; telephone: +33 5 61 93 for certain Model A318 series airplanes;
Director, Division of Rulemaking, Office of 36 96; fax: +33 5 61 93 44 51; email: A319 series airplanes; A320–211, –212,
Nuclear Material Safety and Safeguards. account.airworth–eas@airbus.com; –214, –216, –231, –232, and –233
[FR Doc. 2017–25552 Filed 11–24–17; 8:45 am] Internet: http://www.airbus.com. You airplanes; and A321–111, –112, –131,
BILLING CODE 7590–01–P may view this referenced service –211, –212, –213, –231, and –232
information at the FAA, Transport airplanes. The MCAI states:
Standards Branch, 1601 Lind Avenue Following addition of a new airworthiness
SW., Renton, WA. For information on limitation item (ALI) task 531110 in the

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Document Created: 2017-11-25 01:08:44
Document Modified: 2017-11-25 01:08:44

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		Proposed Rules
Action		Regulatory basis.
Dates		The regulatory basis is available on November 27, 2017.
Contact		Alysia G. Bone, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-1034, email: [email protected]; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation		82 FR 55954
RIN Number		3150-AJ59
CFR Citation		10 CFR 140 10 CFR 26 10 CFR 50 10 CFR 52 10 CFR 73