83 FR 26503 - Draft Letter to the Nuclear Energy Institute Regarding the Clarification of Regulatory Paths for Lead Test Assemblies
NUCLEAR REGULATORY COMMISSION Federal Register Volume 83, Issue 110 (June 7, 2018)
Federal Register Volume 83, Issue 110 (June 7, 2018)
| Page Range | 26503-26505 | |
| FR Document | 2018-12276 |
[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)] [Notices] [Pages 26503-26505] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12276] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2018-0109] Draft Letter to the Nuclear Energy Institute Regarding the Clarification of Regulatory Paths for Lead Test Assemblies AGENCY: Nuclear Regulatory Commission. ACTION: Notice of availability; opportunity for comment. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is soliciting public comments on a draft letter to the Nuclear Energy Institute (NEI) clarifying the regulatory paths for the use of lead test assemblies (LTAs). This draft letter would finalize the NRC staff's views on the preliminary positions regarding LTAs provided in a letter to NEI dated June 29, 2017. The NRC does not currently have consolidated regulatory guidance regarding the use of LTAs. Therefore, the NRC has drafted this letter to clarify its positions regarding the use of LTAs. These positions would affect light-water reactor licensees who wish to irradiate LTAs. DATES: Submit comments by June 27, 2018. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date. ADDRESSES: You may submit comments by any of the following methods:Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0109. Address questions about NRC dockets to Jennifer Borges; telephone: 301-287- 9127; email: [email protected]. For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. Mail comments to: May Ma, Office of Administration, Mail Stop: TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. For additional direction on obtaining information and submitting comments, see ``Obtaining Information and [[Page 26504]] Submitting Comments'' in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Jennifer Whitman, Office of Nuclear Reactor Regulation, telephone: 301-415-3253, email: [email protected], or Kimberly Green, Office of Nuclear Reactor Regulation, telephone: 301-415-1627, email: [email protected]. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2018-0109 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0109. 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]. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the ``Availability of Documents'' section. 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. B. Submitting Comments Please include Docket ID NRC-2018-0109 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Background This draft letter clarifies the NRC staff's interpretation of Standard Technical Specification (STS) 4.2.1, ``Fuel Assemblies.'' The first part of STS 4.2.1 places limitations on the number of fuel assemblies in the reactor core, the type of fuel that can be used, the cladding material that can be used (e.g., zircaloy or ZIRLO), and requires the use of NRC-approved codes and methods for the fuel assemblies. The last sentence of STS 4.2.1 allows for the irradiation of a limited number of LTAs that have not completed representative testing if placed in nonlimiting regions of the reactor core. In the past, licensees have taken different approaches when conducting LTA campaigns. Some licensees obtained prior NRC approval by license amendments approving changes to Technical Specification (TS) 4.2.1 or exemptions from Sec. 50.46, ``Acceptance criteria for emergency core cooling systems for light-water nuclear power reactors,'' of title 10 of the Code of Federal Regulations (10 CFR), or both, for their LTA campaigns. Other licensees conducted LTA campaigns under 10 CFR 50.59, ``Changes, tests, and experiments,'' without prior NRC approval. This draft letter to NEI clarifies the NRC's current interpretation of when prior NRC approval is needed for LTA campaigns. This draft letter responds to concerns from stakeholders, including NEI, that there is a lack of clarity in the regulatory requirements associated with the use of LTAs. For example, concerns were raised on the preliminary positions regarding LTAs provided in a letter to NEI dated June 29, 2017, as comments, in response to the NRC's publication of the document, ``Draft Project Plan to Prepare the U.S. Nuclear Regulatory Commission to License and Regulate Accident Tolerant Fuel'' (82 FR 60633; December 21, 2017), and in a license amendment request for Byron Station, Unit 2, dated March 8, 2018. The draft letter provides clarification on the LTA provision in STS 4.2.1; clarification on the use of approved methods for LTA campaigns; two regulatory paths for LTA campaigns; guidance on the use of NEI 96- 07, Revision 1, ``Guidelines for 10 CFR 50.59 Implementation,'' with regard to LTAs; and a position that an exemption to the requirements in 10 CFR 50.46 is not needed solely for the insertion of LTAs. III. Non-Concurrence An NRC staff member did not agree with some content of the draft letter to the NEI and submitted a non-concurrence on the draft letter. In accordance with the NRC's non-concurrence process, NRC management and staff worked to address the staff member's concerns, and documentation of the non-concurrence is available in ADAMS. IV. Backfitting and Issue Finality If finalized, the letter would provide additional clarification on previous staff preliminary statements and positions regarding the use of LTAs made in a letter to NEI dated June 29, 2017. Issuance of the letter, if finalized, would not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule) and would not otherwise be inconsistent with the issue finality provisions in 10 CFR part 52. The NRC has no current intention to impose the positions described in the draft letter on holders of current operating licenses or combined licenses. V. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated. ------------------------------------------------------------------------ Document ADAMS Accession No. ------------------------------------------------------------------------ Draft letter from U.S. Nuclear Regulatory ML18100A045 Commission to Nuclear Energy Institute, Re: Clarification of Regulatory Paths for Lead Test Assemblies, dated May 31, 2008. Letter from Dr. Mirela Gavrilas, U.S. Nuclear ML17150A443 Regulatory Commission, to Mr. Andrew Mauer, Nuclear Energy Institute, Re: Response to Nuclear Energy Institute Letter Concerning the Regulatory Path for Lead Test Assemblies, dated June 29, 2017. NUREG[dash]1430, Standard Technical ML12100A177 Specifications, Babcock and Wilcox Plants, Volume 1, Revision 4.0. [[Page 26505]] NUREG[dash]1431, Standard Technical ML12100A222 Specifications, Westinghouse Plants, Volume 1, Revision 4.0. NUREG[dash]1432, Standard Technical ML12102A165 Specifications, Combustion Engineering Plants, Volume 1, Revision 4.0. NUREG[dash]1433, Standard Technical ML12104A192 Specifications, General Electric BWR/4 Plants, Volume 1, Revision 4.0. NUREG[dash]1434, Standard Technical ML12104A195 Specifications, General Electric BWR/6 Plants, Volume 1, Revision 4.0. Letter from Andrew Mauer, Nuclear Energy ML18038B080 Institute, to Dr. Mirela Gavrilas, U.S. Nuclear Regulatory Commission, Re: Regulatory Path for Introduction of Lead Test Assemblies in Commercial Nuclear Reactors, dated May 19, 2017. Letter from David M. Gullott, Exelon ML18067A431 Generation Company, LLC, to U.S. Nuclear Regulatory Commission, Re: License Amendment Request to Utilize Accident Tolerant Fuel Lead Test Assemblies, Byron Station, Unit 2, dated March 8, 2018. NEI 96[dash]07, Revision 1, Guidelines for 10 ML003771157 CFR 50.59 Implementation, dated November 2000. Non-Concurrence Form, dated May 31, 2018..... ML18151B016 ------------------------------------------------------------------------ The NRC may post materials related to this document, including public comments, on the Federal Rulemaking website at http://www.regulations.gov under Docket ID NRC-2018-0109. The Federal Rulemaking website allows you to receive alerts when changes or additions occur in a docket folder. To subscribe: (1) Navigate to the docket folder (NRC-2018-0109); (2) click the ``Sign up for Email Alerts'' link; and (3) enter your email address and select how frequently you would like to receive emails (daily, weekly, or monthly). Dated at Rockville, Maryland, this 4th day of June, 2018. For the Nuclear Regulatory Commission. Joseph G. Giitter, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2018-12276 Filed 6-6-18; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Notices 26503
Date Document ADAMS Accession No.
December 17, 2012 ........ Submission of PGEC DFP ..................................................................................................... ML12353A315
December 17, 2015 ........ Submission of PGEC Triennial DFP ...................................................................................... ML15351A502
February 1, 2009 ............ Environmental Assessment for Final Rule—Decommissioning Planning ............................. ML090500648
May 15, 2017 .................. Note to File Re: Section 7 Consultations for ISFSI DFPs ..................................................... ML17135A062
April 25, 2016 ................. Consultation Letter (ML16120A553–RLSO) .......................................................................... ML17107A273
April 25, 2016 ................. Letter to M. Fris, U.S. Fish and Wildlife Service Re: NRC Preliminary Determination of No ML16120A606
Effects Regarding the Diablo Canyon ISFSI DFP.
May 11, 2018 .................. Final EA for the Approval of the DFP .................................................................................... ML18131A047
Dated at Rockville, Maryland, this 4th day Contact Information: Maryann NUCLEAR REGULATORY
of June, 2018. Ayoade, email: Maryann.Ayoade@ COMMISSION
For the Nuclear Regulatory Commission. nrc.gov, telephone: (301) 415–0862.
[NRC–2018–0109]
John McKirgan,
Branch Chief, Spent Fuel Licensing Branch,
Conduct of the Meeting
Draft Letter to the Nuclear Energy
Division of Spent Fuel Management, Office Dr. Christopher Palestro, ACMUI Institute Regarding the Clarification of
of Nuclear Material Safety and Safeguards.
Chairman, will preside over the Regulatory Paths for Lead Test
[FR Doc. 2018–12249 Filed 6–6–18; 8:45 am] Assemblies
meeting. Dr. Palestro will conduct the
BILLING CODE 7590–01–P
meeting in a manner that will facilitate AGENCY: Nuclear Regulatory
the orderly conduct of business. The Commission.
NUCLEAR REGULATORY following procedures apply to public ACTION: Notice of availability;
COMMISSION participation in the meeting: opportunity for comment.
1. Persons who wish to provide a
Advisory Committee on the Medical written statement should submit an SUMMARY: The U.S. Nuclear Regulatory
Uses of Isotopes: Meeting Notice electronic copy to Ms. Ayoade at the Commission (NRC) is soliciting public
contact information listed above. All comments on a draft letter to the
AGENCY: Nuclear Regulatory Nuclear Energy Institute (NEI) clarifying
Commission. submittals must be received by July 11,
the regulatory paths for the use of lead
2018, three business days prior to the
ACTION: Notice of meeting. test assemblies (LTAs). This draft letter
meeting, and must pertain to the topic would finalize the NRC staff’s views on
SUMMARY: The U.S. Nuclear Regulatory on the agenda for the meeting. the preliminary positions regarding
Commission (NRC) will convene a 2. Questions and comments from LTAs provided in a letter to NEI dated
teleconference meeting of the Advisory members of the public will be permitted June 29, 2017. The NRC does not
Committee on the Medical Uses of during the meetings, at the discretion of currently have consolidated regulatory
Isotopes (ACMUI) on July 16, 2018, to the Chairman. guidance regarding the use of LTAs.
discuss the draft report of the ACMUI Therefore, the NRC has drafted this
Subcommittee on Training and 3. The draft transcript and meeting
summary will be available on the letter to clarify its positions regarding
Experience Requirements for All the use of LTAs. These positions would
Modalities. This report will include the ACMUI’s website http://www.nrc.gov/
affect light-water reactor licensees who
subcommittee’s comments on the NRC reading-rm/doc-collections/acmui/
wish to irradiate LTAs.
staff’s evaluation of the training and meetings/2018.html on or about August
DATES: Submit comments by June 27,
experience requirements for different 27, 2018.
2018. Comments received after this date
categories of radiopharmaceuticals in This meeting will be held in will be considered if it is practical to do
Title 10 of the Code of Federal accordance with the Atomic Energy Act so, but the Commission is able to ensure
Regulations, part 35, ‘‘Medical Use of of 1954, as amended (primarily Section consideration only for comments
Byproduct Material,’’ Subpart E, 161a); the Federal Advisory Committee received before this date.
‘‘Unsealed Byproduct Material—Written Act (5 U.S.C. App); and the ADDRESSES: You may submit comments
Directive Required.’’ Meeting Commission’s regulations in Title 10 of by any of the following methods:
information, including a copy of the the Code of Federal Regulations, part 7, • Federal Rulemaking website: Go to
agenda and handouts, will be available ‘‘Advisory Committees.’’ http://www.regulations.gov and search
at http://www.nrc.gov/reading-rm/doc- for Docket ID NRC–2018–0109. Address
collections/acmui/meetings/2018.html. Dated at Rockville, Maryland, this 4th day
of June, 2018. questions about NRC dockets to Jennifer
The agenda and handouts may also be Borges; telephone: 301–287–9127;
obtained by contacting Ms. Maryann For the Nuclear Regulatory Commission.
email: Jennifer.Borges@nrc.gov. For
Ayoade using the information below. Russell E. Chazell, technical questions, contact the
DATES: The teleconference meeting will Federal Advisory Committee Management individuals listed in the FOR FURTHER
be held on Monday, July 16, 2018, 2:00 Officer. INFORMATION CONTACT section of this
p.m. to 4:00 p.m. Eastern Time. [FR Doc. 2018–12269 Filed 6–6–18; 8:45 am] document.
Public Participation: Any member of • Mail comments to: May Ma, Office
sradovich on DSK3GMQ082PROD with NOTICES
BILLING CODE 7590–01–P
the public who wishes to participate in of Administration, Mail Stop: TWFN–7–
the teleconference should contact Ms. A60M, U.S. Nuclear Regulatory
Ayoade using the contact information Commission, Washington, DC 20555–
below or may register for the 0001.
GoToWebinar at https:// For additional direction on obtaining
attendee.gotowebinar.com/register/ information and submitting comments,
2201638285137455618. see ‘‘Obtaining Information and
VerDate Sep<11>2014 17:19 Jun 06, 2018 Jkt 244001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1](https://thefederalregister.org/doc/83_FR_26613/page/1.svg)
![Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Notices 26505
ADAMS
Document Accession No.
NUREG-1431, Standard Technical Specifications, Westinghouse Plants, Volume 1, Revision 4.0 ............................................... ML12100A222
NUREG-1432, Standard Technical Specifications, Combustion Engineering Plants, Volume 1, Revision 4.0 .............................. ML12102A165
NUREG-1433, Standard Technical Specifications, General Electric BWR/4 Plants, Volume 1, Revision 4.0 ............................... ML12104A192
NUREG-1434, Standard Technical Specifications, General Electric BWR/6 Plants, Volume 1, Revision 4.0 ............................... ML12104A195
Letter from Andrew Mauer, Nuclear Energy Institute, to Dr. Mirela Gavrilas, U.S. Nuclear Regulatory Commission, Re: Regu- ML18038B080
latory Path for Introduction of Lead Test Assemblies in Commercial Nuclear Reactors, dated May 19, 2017.
Letter from David M. Gullott, Exelon Generation Company, LLC, to U.S. Nuclear Regulatory Commission, Re: License ML18067A431
Amendment Request to Utilize Accident Tolerant Fuel Lead Test Assemblies, Byron Station, Unit 2, dated March 8, 2018.
NEI 96-07, Revision 1, Guidelines for 10 CFR 50.59 Implementation, dated November 2000 ...................................................... ML003771157
Non-Concurrence Form, dated May 31, 2018 ................................................................................................................................. ML18151B016
The NRC may post materials related are available at www.prc.gov, Docket domestic shipping services contract to
to this document, including public Nos. MC2018–161, CP2018–231. the list of Negotiated Service
comments, on the Federal Rulemaking Agreements in the Mail Classification
Elizabeth Reed,
website at http://www.regulations.gov Schedule’s Competitive Products List.
under Docket ID NRC–2018–0109. The Attorney, Corporate and Postal Business Law.
[FR Doc. 2018–12255 Filed 6–6–18; 8:45 am] DATES: Date of required notice: June 7,
Federal Rulemaking website allows you 2018.
to receive alerts when changes or BILLING CODE 7710–12–P
additions occur in a docket folder. To FOR FURTHER INFORMATION CONTACT:
subscribe: (1) Navigate to the docket Elizabeth Reed, 202–268–3179.
folder (NRC–2018–0109); (2) click the POSTAL SERVICE
SUPPLEMENTARY INFORMATION: The
‘‘Sign up for Email Alerts’’ link; and (3) Product Change—Priority Mail Express United States Postal Service® hereby
enter your email address and select how Negotiated Service Agreement gives notice that, pursuant to 39 U.S.C.
frequently you would like to receive 3642 and 3632(b)(3), on June 4, 2018, it
emails (daily, weekly, or monthly). AGENCY: Postal ServiceTM. filed with the Postal Regulatory
Dated at Rockville, Maryland, this 4th day ACTION: Notice. Commission a USPS Request to Add
of June, 2018. Priority Mail Contract 436 to
SUMMARY: The Postal Service gives Competitive Product List. Documents
For the Nuclear Regulatory Commission.
notice of filing a request with the Postal are available at www.prc.gov, Docket
Joseph G. Giitter,
Regulatory Commission to add a Nos. MC2018–159, CP2018–229.
Director, Division of Operating Reactor domestic shipping services contract to
Licensing, Office of Nuclear Reactor
the list of Negotiated Service Elizabeth Reed,
Regulation.
Agreements in the Mail Classification Attorney, Corporate and Postal Business Law.
[FR Doc. 2018–12276 Filed 6–6–18; 8:45 am]
Schedule’s Competitive Products List. [FR Doc. 2018–12253 Filed 6–6–18; 8:45 am]
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DATES: Date of required notice: June 7, BILLING CODE 7710–12–P
2018.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Reed, 202–268–3179. POSTAL SERVICE
POSTAL SERVICE
SUPPLEMENTARY INFORMATION: The
Product Change—Priority Mail
Product Change—Priority Mail United States Postal Service® hereby Negotiated Service Agreement
Negotiated Service Agreement gives notice that, pursuant to 39 U.S.C.
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AGENCY: Postal ServiceTM. filed with the Postal Regulatory
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the list of Negotiated Service Elizabeth Reed, the list of Negotiated Service
Agreements in the Mail Classification Attorney, Corporate and Postal Business Law. Agreements in the Mail Classification
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DATES: Date of required notice: June 7,
BILLING CODE 7710–12–P DATES: Date of required notice: June 7,
2018. 2018.
FOR FURTHER INFORMATION CONTACT: POSTAL SERVICE FOR FURTHER INFORMATION CONTACT:
Elizabeth Reed, 202–268–3179. Elizabeth Reed, 202–268–3179.
SUPPLEMENTARY INFORMATION: The
Product Change—Priority Mail SUPPLEMENTARY INFORMATION: The
sradovich on DSK3GMQ082PROD with NOTICES
United States Postal Service® hereby Negotiated Service Agreement United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C. AGENCY: Postal ServiceTM. gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on June 4, 2018, it ACTION: Notice. 3642 and 3632(b)(3), on June 4, 2018, it
filed with the Postal Regulatory filed with the Postal Regulatory
Commission a USPS Request to Add SUMMARY: The Postal Service gives Commission a USPS Request to Add
Priority Mail Contract 438 to notice of filing a request with the Postal Priority Mail Contract 437 to
Competitive Product List. Documents Regulatory Commission to add a Competitive Product List. Documents
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Document Created: 2018-06-07 00:49:44
Document Modified: 2018-06-07 00:49:44
| 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 | Notices | |
| Action | Notice of availability; opportunity for comment. | |
| Dates | Submit comments by June 27, 2018. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date. | |
| Contact | Jennifer Whitman, Office of Nuclear Reactor Regulation, telephone: 301-415-3253, email: [email protected], or Kimberly Green, Office of Nuclear Reactor Regulation, telephone: 301-415-1627, email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. | |
| FR Citation | 83 FR 26503 |
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