83_FR_5399 83 FR 5373 - Regulatory Improvements for Power Reactors Transitioning to Decommissioning

83 FR 5373 - Regulatory Improvements for Power Reactors Transitioning to Decommissioning

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 26 (February 7, 2018)

Page Range5373-5374
FR Document2018-02402

The U.S. Nuclear Regulatory Commission (NRC) has prepared a regulatory analysis to support the regulatory basis for a rulemaking to amend the NRC's regulations for the decommissioning of nuclear power reactors. This regulatory analysis is based on receipt of public comments for the preliminary draft regulatory analysis, which was issued in the Federal Register on May 9, 2017. The NRC is making the regulatory analysis available for public information.

Federal Register, Volume 83 Issue 26 (Wednesday, February 7, 2018)
[Federal Register Volume 83, Number 26 (Wednesday, February 7, 2018)]
[Proposed Rules]
[Pages 5373-5374]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02402]


========================================================================
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.

========================================================================


Federal Register / Vol. 83, No. 26 / Wednesday, February 7, 2018 / 
Proposed Rules

[[Page 5373]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 20, 26, 50, 51, 52, 72, 73, and 140

[NRC-2015-0070]
RIN 3150-AJ59


Regulatory Improvements for Power Reactors Transitioning to 
Decommissioning

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory analysis; availability.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has prepared a 
regulatory analysis to support the regulatory basis for a rulemaking to 
amend the NRC's regulations for the decommissioning of nuclear power 
reactors. This regulatory analysis is based on receipt of public 
comments for the preliminary draft regulatory analysis, which was 
issued in the Federal Register on May 9, 2017. The NRC is making the 
regulatory analysis available for public information.

DATES: The regulatory analysis is available February 7, 2018.

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 website: 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: 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 ``Regulatory Analysis for Regulatory Basis: 
Regulatory Improvements for Power Reactors Transitioning to 
Decommissioning'' is ML17332A075.
     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: Chris Howells, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-1381, email: 
Christopher.Howells@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Discussion

    The NRC staff has prepared a regulatory analysis for the 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. The NRC is recommending rulemaking 
in the areas of emergency planning, physical security, cyber security, 
drug and alcohol testing, training requirements for certified fuel 
handlers, decommissioning trust funds, applicability of backfitting 
provisions, and offsite and onsite financial protection requirements 
and indemnity agreements. These revised requirements would formalize 
steps to transition a power reactor from operating status to 
decommissioning while reducing the need for exemptions and license 
amendments. The NRC staff is also recommending clarifying requirements 
regarding topics such as spent fuel management and environmental 
reporting.
    Accompanying this rulemaking are updates to guidance that address 
aging management, the appropriate role of State and local governments 
in the decommissioning process, the level of NRC review of a licenee's 
Post-Shutdown Decommissioning Activities Report, the options for 
decommissioning, and the timeframe associated with decommissioning.
    The regulatory analysis discusses the economic impact to the 
nuclear power industry, government, and society that would result from 
the rulemaking and guidance contemplated by the regulatory basis. The 
regulatory analysis discusses the cost benefit analysis that was 
completed for the various alternatives put forth by the staff, and 
shows that the staff's recommendation for rulemaking and guidance 
development is overall cost benefical to the nuclear power industry, 
government, and society.

II. Cost Benefit Analysis Summary

    The following table provides the quantified and non-quantified 
costs and benefits for the staff-recommended alternatives discussed in 
the regulatory basis for each area of decommissioning under specific 
decommissioning topics and regulatory approaches. The complete analysis 
discusses at length the NRC staff's process, alternatives considered, 
and evaluation of costs and benefits for each area of decommissioning.

[[Page 5374]]

[GRAPHIC] [TIFF OMITTED] TP07FE18.000


    Dated at Rockville, Maryland, this 1st day of February 2018.

    For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Division of Rulemaking, Office of Nuclear Material Safety and 
Safeguards.
[FR Doc. 2018-02402 Filed 2-6-18; 8:45 am]
 BILLING CODE 7590-01-P



                                                                                                                                                                                                   5373

                                                  Proposed Rules                                                                                                Federal Register
                                                                                                                                                                Vol. 83, No. 26

                                                                                                                                                                Wednesday, February 7, 2018



                                                  This section of the FEDERAL REGISTER                    INFORMATION CONTACT   section of this                 training requirements for certified fuel
                                                  contains notices to the public of the proposed          document.                                             handlers, decommissioning trust funds,
                                                  issuance of rules and regulations. The                     • NRC’s Agencywide Documents                       applicability of backfitting provisions,
                                                  purpose of these notices is to give interested          Access and Management System                          and offsite and onsite financial
                                                  persons an opportunity to participate in the            (ADAMS): You may obtain publicly-                     protection requirements and indemnity
                                                  rule making prior to the adoption of the final
                                                                                                          available documents online in the                     agreements. These revised requirements
                                                  rules.
                                                                                                          ADAMS Public Documents collection at                  would formalize steps to transition a
                                                                                                          http://www.nrc.gov/reading-rm/                        power reactor from operating status to
                                                  NUCLEAR REGULATORY                                      adams.html. To begin the search, select               decommissioning while reducing the
                                                  COMMISSION                                              ‘‘ADAMS Public Documents’’ and then                   need for exemptions and license
                                                                                                          select ‘‘Begin Web-based ADAMS                        amendments. The NRC staff is also
                                                  10 CFR Parts 20, 26, 50, 51, 52, 72, 73,                Search.’’ For problems with ADAMS,                    recommending clarifying requirements
                                                  and 140                                                 please contact the NRC’s Public                       regarding topics such as spent fuel
                                                                                                          Document Room (PDR) reference staff at                management and environmental
                                                  [NRC–2015–0070]
                                                                                                          1–800–397–4209, 301–415–4737, or by                   reporting.
                                                  RIN 3150–AJ59                                           email to pdr.resource@nrc.gov. The
                                                                                                                                                                   Accompanying this rulemaking are
                                                                                                          ADAMS accession number for
                                                  Regulatory Improvements for Power                                                                             updates to guidance that address aging
                                                                                                          ‘‘Regulatory Analysis for Regulatory
                                                  Reactors Transitioning to                                                                                     management, the appropriate role of
                                                                                                          Basis: Regulatory Improvements for
                                                  Decommissioning                                                                                               State and local governments in the
                                                                                                          Power Reactors Transitioning to
                                                                                                                                                                decommissioning process, the level of
                                                  AGENCY:  Nuclear Regulatory                             Decommissioning’’ is ML17332A075.
                                                                                                                                                                NRC review of a licenee’s Post-
                                                  Commission.                                                • NRC’s PDR: You may examine and
                                                                                                                                                                Shutdown Decommissioning Activities
                                                  ACTION: Regulatory analysis; availability.              purchase copies of public documents at
                                                                                                                                                                Report, the options for
                                                                                                          the NRC’s PDR, Room O1–F21, One
                                                                                                                                                                decommissioning, and the timeframe
                                                  SUMMARY:   The U.S. Nuclear Regulatory                  White Flint North, 11555 Rockville
                                                                                                                                                                associated with decommissioning.
                                                  Commission (NRC) has prepared a                         Pike, Rockville, Maryland 20852.
                                                  regulatory analysis to support the                      FOR FURTHER INFORMATION CONTACT:                         The regulatory analysis discusses the
                                                  regulatory basis for a rulemaking to                    Chris Howells, Office of Nuclear                      economic impact to the nuclear power
                                                  amend the NRC’s regulations for the                     Material Safety and Safeguards, U.S.                  industry, government, and society that
                                                  decommissioning of nuclear power                        Nuclear Regulatory Commission,                        would result from the rulemaking and
                                                  reactors. This regulatory analysis is                   Washington, DC 20555–0001; telephone:                 guidance contemplated by the
                                                  based on receipt of public comments for                 301–415–1381, email:                                  regulatory basis. The regulatory analysis
                                                  the preliminary draft regulatory                        Christopher.Howells@nrc.gov.                          discusses the cost benefit analysis that
                                                  analysis, which was issued in the                                                                             was completed for the various
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  Federal Register on May 9, 2017. The                                                                          alternatives put forth by the staff, and
                                                  NRC is making the regulatory analysis                   I. Discussion                                         shows that the staff’s recommendation
                                                  available for public information.                          The NRC staff has prepared a                       for rulemaking and guidance
                                                  DATES: The regulatory analysis is                       regulatory analysis for the regulatory                development is overall cost benefical to
                                                  available February 7, 2018.                             basis to support a rulemaking that                    the nuclear power industry,
                                                  ADDRESSES: Please refer to Docket ID                    would amend the NRC’s regulations for                 government, and society.
                                                  NRC–2015–0070 when contacting the                       the decommissioning of nuclear power                  II. Cost Benefit Analysis Summary
                                                  NRC about the availability of                           reactors. The NRC’s goals in amending
                                                  information for this action. You may                    these regulations would be to provide                    The following table provides the
                                                  obtain publicly-available information                   for an efficient decommissioning                      quantified and non-quantified costs and
                                                  related to this action by any of the                    process; reduce the need for exemptions               benefits for the staff-recommended
                                                  following methods:                                      from existing regulations; address other              alternatives discussed in the regulatory
                                                    • Federal Rulemaking website: Go to                   decommissioning issues deemed                         basis for each area of decommissioning
                                                  http://www.regulations.gov and search                   relevant by the NRC staff; and support                under specific decommissioning topics
                                                  for Docket ID NRC–2015–0070. Address                    the principles of good regulation,                    and regulatory approaches. The
                                                  questions about NRC dockets to Carol                    including openness, clarity, and                      complete analysis discusses at length
                                                  Gallagher; telephone: 301–415–3463;                     reliability. The NRC is recommending                  the NRC staff’s process, alternatives
                                                  email: Carol.Gallagher@nrc.gov. For                     rulemaking in the areas of emergency                  considered, and evaluation of costs and
                                                  technical questions, contact the                        planning, physical security, cyber                    benefits for each area of
                                                  individual listed in the FOR FURTHER                    security, drug and alcohol testing,                   decommissioning.
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                                                  5374                 Federal Register / Vol. 83, No. 26 / Wednesday, February 7, 2018 / Proposed Rules




                                                    Dated at Rockville, Maryland, this 1st day            The comment period for the RFI ends on                that is exempt from public disclosure,
                                                  of February 2018.                                       February 16, 2018. Through this notice,               may not be publicly available.
                                                    For the Nuclear Regulatory Commission.                DOE extends the comment period until                     The docket web page can be found at
                                                  Patricia K. Holahan,                                    March 2, 2018.                                        https://www.regulations.gov/
                                                  Director, Division of Rulemaking, Office of             DATES: The comment period for the RFI                 docket?D=EERE-2017-BT-STD-0062.
                                                  Nuclear Material Safety and Safeguards.                 published in the Federal Register on                  The docket web page will contain
                                                  [FR Doc. 2018–02402 Filed 2–6–18; 8:45 am]              December 18, 2017 (82 FR 59992) is                    simple instructions on how to access all
                                                  BILLING CODE 7590–01–P                                  extended to March 2, 2018. Written                    documents, including public comments,
                                                                                                          comments and information are                          in the docket.
                                                                                                          requested on or before March 2, 2018.                 FOR FURTHER INFORMATION CONTACT:
                                                  DEPARTMENT OF ENERGY                                    ADDRESSES: Interested persons are                     Caitlin Davis, U.S. Department of
                                                                                                          encouraged to submit comments by any                  Energy, Office of Energy Efficiency and
                                                  10 CFR Part 430                                         of the following methods:                             Renewable Energy, 1000 Independence
                                                  [EERE–2017–BT–STD–0062]                                   • Federal eRulemaking Portal: http://               Avenue SW, Washington, DC 20585.
                                                                                                          www.regulations.gov. Follow the                       Email: Regulatory.Review@hq.doe.gov.
                                                  Energy Conservation Program:                            instructions for submitting comments.                 Telephone: 202–586–6803.
                                                  Procedures, Interpretations, and                          • Email: Regulatory.Review@                         SUPPLEMENTARY INFORMATION: As part of
                                                  Policies for Consideration of New or                    hq.doe.gov. Include ‘‘Process Rule RFI’’              its implementation of, ‘‘Reducing
                                                  Revised Energy Conservation                             in the subject line of the message.                   Regulation and Controlling Regulatory
                                                  Standards for Consumer Products                           • Postal Mail: U.S. Department of                   Costs,’’ (January 30, 2017) and,
                                                  AGENCY: Office of Energy Efficiency and                 Energy, Office of General Counsel, 1000               ‘‘Enforcing the Regulatory Reform
                                                  Renewable Energy, Department of                         Independence Avenue SW, Room                          Agenda,’’ (February 24, 2017), the
                                                  Energy.                                                 6A245, Washington, DC 20585                           Department of Energy (DOE) published
                                                  ACTION: Notice of comment period                          Docket: The docket for this activity,               a Request for Information (RFI), on
                                                                                                          which includes Federal Register                       December 18, 2017 (82 FR 59992),
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  extension.
                                                                                                          notices, comments, and other                          seeking comments from interested
                                                  SUMMARY:  The Department of Energy                      supporting documents/materials, is                    parties to assist DOE in identifying
                                                  (DOE) published, on December 18, 2017,                  available for review at http://                       potential modifications to its ‘‘Process
                                                  a Request for Information (RFI) seeking                 www.regulations.gov. All documents in                 Rule’’ for the development of appliance
                                                  comments from interested parties to                     the docket are listed in the http://                  standards, in an effort to achieve
                                                  assist DOE in identifying potential                     www.regulations.gov index. However,                   meaningful burden reduction while
                                                  modifications to its ‘‘Process Rule’’ for               some documents listed in the index,                   continuing to achieve the Department’s
                                                  the development of appliance standards.                 such as those containing information                  statutory obligations in the development
                                                                                                                                                                                                           EP07FE18.000</GPH>




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Document Created: 2018-10-26 13:56:19
Document Modified: 2018-10-26 13:56:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRegulatory analysis; availability.
DatesThe regulatory analysis is available February 7, 2018.
ContactChris Howells, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1381, email: [email protected]
FR Citation83 FR 5373 
RIN Number3150-AJ59
CFR Citation10 CFR 140
10 CFR 20
10 CFR 26
10 CFR 50
10 CFR 51
10 CFR 52
10 CFR 72
10 CFR 73

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